davidaulloa/AmericanStories huggingface dataset:
The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1938-05-13
HAMILTON LABOR UNIONS

Taking the places Of the older
men and women
Pinch-hitting for the cripples and
the diseased
But in 1880 there were at least 400
thousand less in factories
Than there were in 1920
SO the rest had to go elsewhere
Department stores and garages
took lot
For some months Of the year
Some Of them opened gasoline sta
tions--
The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1938-05-13
"He luho leapes the IIighneay for g slloH
c,a generally goes about"

"He luho leaves the liiglHedy fof shof'
ci generally goes about
MAY
l4-First freight burqes went
through the Pondmd
-. Canal. 1914.
,l5-Ld,na Bromwell looped
T0 lMV the loop 1893 times in q
Wy pldne. 1921.
- Cl6-Clement [. Valldnding.
q UbHq, ham wos inprisoInoesda neg ioF
& HlM, = alleged treason. 1868.
g., l7-Joliei and porty stdIted
81 TO explore the Mississippi
ia machine for mdking
IN ndils wds patented. 1874.
l9-An explosion in Pickens
IL coal mine at Muther. Pa.
.lTslM = killed 1873. 1928
Christopher Columbus
sn, died al Vollodolid, Sp0in.
}TJ 1906. 0wsu
The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1938-05-13

Being for the time Of less impor-
tance than
The Machine!
Evening star., 1938-09-18
RULE 80.
Appointments Of Guardians Ad Lit.m

Appointments Of Guardians Ad Litem.
l. No person shall be appointed
guardian ad litem, either on the apS
plication of the infant or otherwise,
II he have any interest adverse to
that OF the infant, or be connected
in business with the attorney or coun-
sci OF an adverse party. No person
shall be appointed guardian ad Item
who Is nominated by the adverse
party. Except for special cause
shown, no person other than a mem.
Der OF the Bar Of this Court or the
general guardian Of an infant or the
committee for person Of unsound
mind shall be appointed guardian ad
litem. The court, however, may re.
quest information In aid Of the se.
lection and appointment Of such guar.
dian ad litem.
2. The compensation Of . guardian
ad item shall be fixed by the court
by order or decree and shall not be
a matter for agreement or consent.
NO such compensation shall be all
lowed until statement showing what
services have been rendered has been
nled nor until notice Of the applca.
ton therefor has been given to the
other party or parties to the matter.
3. No consent verdict or judgment
Affecting the interests Of an infant
or incompetent party shall be per-
mitted until the court shall have
been informed as to the facts and
circumstances Of the case.
Evening star., 1938-09-18
COMPUTATION of Time.

l. In computing any period of time
prescribed or allowed by these rules,
or by anv order of court, the day of
the act, event, or default after which
the designated period of time begins
to run is not to be included. The last
day Of the period so computed iA to
be included unless it is a Sunday or
legal holiday, in which event the
period runs until the end of the next
day which is neither a Sunday nor
a holiday When the period of time
prescribed or allowed is less than
seven CD days, intermediate Sundays
and holidays shall be excluded in the
computation. A half holiday shall
be considered as other days and not
as holiday.
2. Enlargement of Time.-When by
these rules or by notice given there
under or by any order of court an
act is required or allowed to be done
at or within specified time, the court
for cause shown may, at any time, in
Its discretion 19 with or without mo-
ton or notice, order the period en-
larged If application therefor is made
before the expiration Of the. period
originally prescribed or as extended
by previous order or CD upon mo-
ton permit the act to be done after
the expiration of the specified period
where the failure to act was the re-
suit of excusable neglect.
Evening star., 1938-09-18
Probate Court Rules

Ordered to become effective 49, new Probate
Court rules Of District Court complementary
rules just promulgated by the Supreme United
States In general term Friday, the District Court
all but Justice present. adopted the probate rules
which supplant those now existing.
TO avoid litigation that might arise II only broad
erence were made to the rules in the civil branch the
the justices decreed that entire body be adopted
before the Probate Court
officials that only two important features are intro
duced into probate by these rules Notice to
each egatee and devisee named in the last known
address, will be required OF applicants probate of will
and this Is calculated to insure knowledge ones rights
against negligent incompetent INSCRIPTIONS executor
Under the rules the duciary filing account will
be obliged to file also certificate assessor for the
District Of Columbia showing that inheritance and estate
expected to aid prompt collection these District taxes
him of tax liability
The new probate rules drafted by Register of Wills
Theodore Cogswe and his deputies, Victor S. and
Melvin j. Marques with the assistance same special
District Court Committee of prominent that
aided in drafting the rules civil that became
effective Friday With H. Winshp Wheatley as its chairman
this special committee comprised Austin F. Garfield Col
Walter Clephane Maj William Hodges Lawrence Koengs-
berger P. H. Marshall and Walter N Tobriner.
These rules ,UiH be printed in ba,ubj,let form
and made available by The Star to laavyers who
address requests for them to "Courf Reborfer.
The Evening STAR" inclosing 3 cents in STAMPS.
Evening star., 1938-09-18
RULE 70.
Guardian.

l. Petition.-Every petition for ap-
pointment Of guardian must set forth
the name, residence and date of birth
OF each infant. and, the names Of the
parents, giving their residence, and If
not living, the date of death; the es-
timated value Of the property to which
the infant Is entitled, the character
thereof and where situated, and, If
real estate, the annual rental value
thereof; the relationship, II any, Of
the petitioner and the right in which
the application is made. If it be nee
essary to use any portion Of the in
fants estate for his maintenance and
education, the petitioner shall give an
estimate of the amount necessary for
that purpose, and, If q parent, shall
declare and prove his inability to sup
port the infant.
2. Eection.-1f the infant be over
IA years Of age he must, If practicable,
appear in court to elect his guardian,
and all infants must be present in
court unless their presence be excused
by the court, because of their illness
or tender years or other sufficient
cause.
3. Order Appointing.-The order Of
the court shall set forth the date of
birth Of each infant, and If any of
them be over IA, shall state that such
infant appeared in court, and elected
the guardian, or that such appear
ance was excused. and shall also state
the allowance, If any, made by the
court from the infants estate for his
maintenance and education.
4. Accounts-Guardians are not al
lowed to dispose of the wards prop
erty or cucumber it in any way with
out order of court. Vouchers must
be obtained for all expenditures when
practicable, and regular book of ac-
counts should be kept, showing re-
ceipts and expenditures for each ward
5. 1nvestments.-It Is the duty OF
the guardian under the supervision of
the court to keep his wards estate
safely invested SO as to produce an
income. in accordance with the rule
governing investments of trust funds.
6. For INDECENT Boys.-Petitions for
appointment Of guardian to enable
INDECENT boys to enlist in the United
States Army or Navy will be prepared
by the Register OF Wills without any
charge.
Evening star., 1938-09-18
RULE 80.
Delinquent Fiduciaries.

l. Whenever any executor. admin
istrator. collector or guardian fails to
present to the court an inventory or
inventories. or account Of his admin
'istration or trust, or fails to comply
with Rule 80 within the time or ir
the manner and form prescribed by
law or allowed by the court, q cita-
ton shall issue directing such de-
linquent to render his inventory or
inventories. or account, or to comply
with Rule SO within 20 days from the
date of the service thereof.
2. II the fiduciary shall fail to rem
der the inventory or inventories, or
account. or to comply with Rule 81
within the time specified in the cita-
ton, a rule shall issue requiring him
to show cause, on day certain, why
he should not be adjudged In con-
tempt.
3. Upon the failure Of the delinquent
to answer such rule. q writ OF attach
ment shall forthwith issue directing
the marshal to bring such delinquent
before the court, to be dealt with ac-
cording to law.
Evening star., 1938-09-18
RULE "a.
Nonresident Fiduciary.

!. In the case of grant of either
original or ancillary letters testa-
mentary. of administration, collection,
or guardianship. the person desig-
mated, If a nonresident of the District
of Columbia, shall file in the office
Of the Register Of Wills, before the is
suance Of such letters, an irrevocable
power of attorney designating the
Register of Wills, and his successors
in office, as the person upon whom all
notices and process, issued by any
competent court in the District of
Columbia may be served, with like
effect as personal service, in relation
to any suit, matter, cause or thing
affecting or pertaining to the estate
in which the letters are issued.
2. II any flduciary to whom such
letters have been issued shall there
after become a nonresident of the
District, or shall be continuously alb
sent therefrom for a period of sixty
days or more, he shall execute and
file an irrevocable power of attorney,
in like manner as provided in the
above paragraph /.
3. Failure on the part of fiduciary
to execute and file such power of at
torney, in accordance with the pro-
visions of said paragraph /, within
ten days from the date of the order of
appointment, shall operate to revoke
the order and to forfeit the right of
the fiduciary to such appointment.
4. Failure on the part of a fiduciary
who shall become nonresident Of
the District, or who shall be continu-
ously absent therefrom for q period
Of sixty days after the issuance Of
the letters, to execute and file such
power Of attorney, In accordance with
paragraph 2 hereof, within ten days
Of the date Of becoming such nom
resident, or within ten days following
the period Of sixty days absence,
therefrom, as above, shall be cause for
revocation Of the letters SO issued.
5. The power of attorney required
by the provisions of this rule shall
set forth the permanent post-ofice
address Of the fiduciary; and it shall
be the duty Of the Register of Wills
to forward, forthwith, by registered
mail, to the address of such fiduciary,
any notice or process served upon said
register.
Evening star., 1938-09-18
New Probate Court Rules for District to Go Into Effect Octo

therein that the afiAnt verify believes
the fact stated in the pleading to be
true.
3. Afiidavits Of Agents, Etc.-The
affidavit verifying q pleading shall be
permitted to be made by an offlcer,
agent or attorney only
(a When corporation is party
10 When the party is an infant, or
Of unsound mind.
(c) When the party is absent from
the District Of Columbia, except when
said party is fiduciary.
4. When the United States Is
Party.-If the United States or any
officers thereof on its behalf Is party,
the affidavit of verification may be
made by the Attorney General, or any
one duly appointed to act on his be-
half, the United States attorney for
the District of Columbia, or any of
his assistants.
S. Scandalous-n any petition. an
swer, or other paper shall contain ir-
relevant, insufficient, or scandalous
matter, the paper, or the objection
able part may be stricken on motion.
Evening star., 1938-09-18
or consent IN writing. or BY Q proper
summons or publication.

or consent IN writing, or by proper
summons or publication.
3. Auditor.-The petition for . sale
Of real ettate to pay debts or legacies
and the other papers and proceedings
In the care, shall, after compliance
with the provisions Of this rule, be
referred to the auditor for report
as provided by Section 146 Of the
1924 Code (Title 20, Sec. 237, 1929
Code)
4. Manner of Proceeding-All real
estate, or any interest In land, sold
at public sale Under order of court
shall be sold in like manner as pro-
vided in Rule 81, paragraph /, of
the Rules of Civil Procedure of this
Court, and all real estate, or any
interest in land, sold at private sale
under any order Of court, shall be
sold in like manner as provided in
said Rule 81, paragraph 2, subpara-
graphs (a) and (b); except that in
either case the court may or may
not, in its discretion, require the
fiduciary to file an additional under
taking.
Evening star., 1938-09-18
RULE 36.

Dover. Curtesy and Life Estate.
l. Dower-The allowance to q heal
thy woman in lieu of her right Of dover
in land sold under DEGREES, shall be as
follows, except when otherwise speci-
fically provided by statute. (See Code,
Title rs, Chapter II, Section 3s5. and
Title 20, Chapter 81, Section 240.)
Under 30 years of age, one-sixth.
Above 80 and under IS, two-thir-
teenths.
Above IS and under 40, one-ssventh.
Above 40 and under As, two-fif-
teenths.
Above IS and under 81, one-eighth. .
Above 81 and under 56, one-ninth.
Above Sc and under 81, one-tenth.
Above 81 and under 81, one-twelfth.
Above 81 and under u, one four.
teenth.
Above u and under II, one EIGHT
eenth.
Above II. one-twentieth.
2. Curtesy and Life Estate.-Al.
lowance to healthy tenant for life
shall be three times the allowance In
lieu Of dover to widow Of the same
age.
Evening star., 1938-09-18
RULE 10.

Manner Of Service and Return.
Subject to the provisions of Rule l.,
paragraph 2 Of the Rules OF Civil Pro-
cedure OF this Court, service of any no.
tice OF trial Of issues, with a CODY
OF said issues, and service of any
subpoena or summons to answer. with
copy of the bill or petition to be
answered, shall be made as provided
in this rule:
l. BY Whom Served.-Service shall
be made by United States marshal
or his deputy, OR by some person
specially appointed by the court for
that purpose.
2. Personal Service Within the Dis
trict OF Columbia Service shall be
made within the District of Colum-
bia in the manner provided for per-
sonal service of the summons issued
upon complaint in the Civil Di-
vision Of this court.
3. Service Outside the District Of
Columbia.-Service may also be made
by any person over twenty-one years
OF age, not a party to or otherwise
interested in the subject matter in
controversy, on a nonresident or abb
sent party in interest out of the Dis
trict of Columbia, which service shall
have the same effect and no other
as an order of publication duly exc
cuted
4. Return, Time.-The person max
ing the service shall make proof Of
service thereof to the court promptly,
and in any event within the time
during which the person served must
respond to the process.
5. Return, Manner-If service Is
made by United States marshal OF
his deputy outside the District of
Columbia, the return must show the
time, place and manner of service,
and the authority or title of the OIL
Ger making the service, and the said
return shall be mailed to the Regis
ter OF Wills. If service is made either
within or without the District Of Co
Iumbia by a person other than q
United States marshal, or his deputy,
the return shall be made under oath,
setting forth therein the time, place
and manner of service, and the said
return shall be mailed to the Register
of Wills.
6. Cost.-The cost and expense of
service by a person other than a
United States marshal, or his deputy.
shall be borne by the party at whose
instance the same is made, and shall
not be taxed as part Of the costs in
the case.
T. Service on Counsel.-Every re-
quirement in these Rules or IN any
order OF the Court or Judge for the
giving Of notice to any party or his
counsel, may be complied with. un.
less otherwise specifically provided, b.
Evening star., 1938-09-18
RULE S.
RULE s.
Ex Parte Orders and Decrees-How
Presented,

l. All ex parte orders and DEGREES
and all orders and DEGREES on consent
or waiver of notice prepared for the
signature of the presiding justice of
the Probate Court shall, except as
otherwise provided by law, be pre-
sented between the hours of 8 am.
and II am. on any week day except
Saturdays and legal holidays to the
Register of Wills or to deputy to be
designated by him, who shall review
such orders and make such suggestions
to the court relative to the penalty
Of the bond and other matters as the
premises may require
2. No order or decree presented will
be finally rejected without first afford
ing the party or his attorney an oppor-
tunity to be heard by the court.
Evening star., 1938-09-18
for the District Of Columbia b "a
nduciary.
RULE 81.
Exhibitton Of A1eta.


/. Whenever any executor. adrninis.
TRAITOR. collector. or guardian, either
ancillary or domiciliary, shall present.
TO the Register Of Wills an account Of
his administration or trust, showing
that he holds in such fiduciary ca
pacity any undistributed portion Of the
estate, he shall append thereto a re-
port stating fully and clearly:
(D The place where any trust
moneys are deposited and the title Of
the deposit account.
(b) The nature and particulars Of
all assets and securities, real and per.
sonal; whether the same were received
by him In the same form as part Of
the trust estate, or are investments
made by him, or under an order Of the
court.
2. When such report is filed, the
Register OF Wills shall note the filing
thereof upon the appropriate docket
and shall forthwith notify the fiduciary
to appear within 10 days and to exhibit
to him all the securities reported.
8. The Register Of Wills, or a deputy
designated by him. shall examine and
ascertain the correctness OF the state
ments in the report with respect to all
money and property reported as exist
Ing, and shall file q written report Of
the result Of such examination.
4. II the f1duciary shall fail to rem
der the report within the time specified.
rule shall issue requiring him to show
cause on a certain day why he should
not be adjudged in contempt.
5. Upon the failure Of the delinquent
to answer such rule, a writ of attach
ment shall forthwith issue directing
the marshal to bring such DELINQUENT
before the court, to be dealt with &C.
cording to law.
6. The Register of Wills is author
lied to demand and receive for his
services under this rule the following
fees:
Where the undistributed portion OF
the estate shall not exceed SsOo-no
fee.
Where such portion exceeds $500,
and does not exceed $1,00O-Sl.
Where such portion exceeds 81 900.
and does not exceed S2,000-S2.
Where such portion exceeds $4,000.
and does not exceed $3,000-$3.
Where such portion exceeds So. 600.
and does not exceed s4,000-$4.
Where such portion exceeds 81 900
SIS.
Evening star., 1938-09-18
giving the prescribed notice to his
counsel Of record having An once In
this District
RULE IL.
NULE II.
Publications and Proof Thereof.


l. Washington Law Reporter.-An
notices which relate to proceedings In
the Probate Court, the publication OF
which is required by law or by these
rules, or any order of court, shall
be published in The Washington Law
Reporter, during the time required
by law, in addition to such other paper
or papers as may be specially ordered
or which may be selected by the party
at whose instance the order shall be
passed.
2. Proof Of Publication.-The proof
OF publication shall be by afiidavit of
the publisher, editor, agent, manager,
or superintendent Of the papers, ac-
companied by copy OF the order as
published. which afndavit shall state
how many and at what times the order
was published in that paper.
Evening star., 1938-09-18
RULE 4.
DOckets,

/. The register of wills shall keep
dockets of all proceedings. Such ad-
ditional record books shall be kept as
the register of wills may consider
proper and necessary for the proper
transaction of the business of his Of
flee and for convenient reference.
2. All judgments, orders and pro-
ceedings shall be recorded by the
Register of Wills.
Evening star., 1938-09-18
RULE ~.
Administration.

Upon the filing of petition for let
ters of administration. the Court may
in its discretion issue a citation to
any Of the next of kin. If within the
District OF Columbia, to appear on a
day named and show cause, If any,
why such letters should not be granted :;
and If 1t appears by said petition that
the next OF kin are non-residents, the
Court may in its discretion direct that
notice to them shall be given by pub
lie advertisement or otherwise.
Evening star., 1938-09-18
RULE 81.
Accounts Of Administrators and
Executors.

Executors,
/. Objections To.-When an account
is settled in the absence Of a person
adversely interested, without actual no.
tice or notice by mail as hereinafter
provided, to him, such account may be
reopened upon his filing objections
thereto within three months after 1t Is
so settled.
2. Approval OF, After Notice.-No
account shall be approved unless the
accountant, his agent or attorney shall,
after flling the account, duly mail,
postpaid by registered mail, to each
legatee. or distributee whose legacy or
share may in anywise be diminished
by the attorneys fee and commissions
to be claimed, and, unless the court
shall otherwise order, to each creditor
whose claims may be so diminished, at
his last known address, five days If he
be resident Of the District of Colum-
bia. and twenty days If he be nom
resident, notice in writing stating
the day upon which it will be 50 pre-
sented and the amounts claimed for
commissions and attorneys fees; or
shall serve such notice upon the persons
SO to be notified and prove the service
by afhdavit filed in the cause or the
written acknowledgment Of the per-
sons served; or shall file in the cause
the waiver Of such notice by the per-
sons to be notified, or their consent to
the allowance Of the commissions and
attorneys fee claimed.
3. Proof Of Notice-The registered
letter receipts for such notices, to-
gether with the af1davit of the &C.
countant, his agent or attorney, show
ing how this rule has been complied
with shall be filed in the cause before
the account is approved.
4. Certificate of Payment of Taxes
No final account Of any executor or
administrator, ancillary or domiciliary
shall be approved until there shall have
been hled in the record Of the cause a
certificate Of the Assessor for the Dis
trict Of Columbia stating that all in
heritance and estate taxes assessed
under the provisions Of the applicable
District OF Columbia revenue act,
against the estate of the decedent have
been paid or fully provided for. This
provision shall not apply in cases
where the Aforesaid act and regula-
tions pursuant thereto do not require
tho ming Of return 10 tho assessor
Evening star., 1938-09-18
Attest:
REGISTER Of Wills for the District of
Columbia, Clerk Of the Probate Court.

Attorney.
z. Nonresident Or Absent Party
Whenever a party outside of the juris-
diction Of the court shall not have
been served with notification of the
trial of issues, and shall not have
voluntarily caused his appearance to
be entered. notice of the trial of
issues shall be given, whenever prac-
ticable. by mailing to him a copy Of
the order of publication prescribed in
this rule at his last known post office
address at least 10 days before the
day fixed for the trial, in which case
the proof Of such mailing shall be
the adadavit Of the party giving the
notice. or his agent or attorney.
Evening star., 1938-09-18
RULE IA.
Motions.

!. Form.-All motions shall be made
in writing, shall state with particu-
larity the grounds therefor. and shall
set forth the relief or order sought.
The requirement of writing is fulfilled
If the motion is stated in a written
notice of the hearing Of the motion.
The rules applicable to captions,
signing. and other matters Of form of
pleadings apply to all motions.
2. Points and Authorities; Notice;
Hearing.-Rule IS Of the Rules of Civil
Procedure of this court shall govern
all motions filed in the Probate Court.