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Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, September 18, 1918, Image 5

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—W. S. Beals of Hopkinton was a
visitor in Manchester Tuesday.
—P. C. Waples ot Cedar Rapids was
a visitor in Manchester last Saturday.
—Miss Eva Van Anda spent last
week with 1/er sister, Mrs. Chas. Kay,
at Farley.
—F. E. Williamson of Hopkinton
was a business visitor in Manchester
—Mr. and Mrs. L. D. Piatt of Oel
wein were guests of their son, L. L.
Piatt, and family.
—Fred Koehler of Sherril, and John
Launspach of Durango, were guests
of Wm. Hermann, in Coffins Grove
township, Monday.
—A young soldter arrived at the
home of Mr. and Mrs:4&£h6r Wlltsta)
on Monday, September l4ti( Vp
—Mr. and Mrs. J. J.fweltMen "W
Edgewood were guests Sunday of
their daughter, Mrs. Clarence Jones.
—Dell Waltermeier, Clyde Meffert,
Ned and Fred Hickman, all of Wln
throp were guests of Cal Martin on
—Miss Emma Hutchinson enter
tained a number of friends at her
home Monday evening at a six-thirty
—Mr- and Mrs. J. M. Jones were
guests of their son, ,Ray, at Storm
Xake, Iowa, last week/ returning to
their home here Monday morning.
—Bert Peterson of Osage came on
Sunday evening and has been spend
ing a few days with his father, P. A.
Peterson, wbp has been seriously ill.
—Manchester Lodge, No. 149, I. O.
O, F., requests a full attendance at
the meeting next Friday night, Sept.
20th. Special business is to be tran
—Edward Putnam, who has been
employed in the furniture store of A.
D. Brown, has resigned his position
there and has gone to Waterloo where
he will work in one of the manufac
turing plants.
—Mrs. M. Kelley has received word
that her pon, Ambrose Kelley, who
left Manchester with the contingent
for Des Moines on May the 27th, has
arrived overseas.
—Mrs. Edwin Davis will entertain
the Ladies' Aid society of the Con
gregational church Wednesday after
noon, September 25th. She will be
assisted by Mrs. Will Dudley and
Mrs. C. J. Boardway.
—Mrs. J. J. Ooen and children have
gone to Dubuque, where they will
make their home during the school
year. The young people will all at
tend Dubuque college this year, and
Mrs. Goen will keep house for them.
—P. A. Peterson, one of the few re
maining Civil war veterans of Man
chester,- was taken seriously, ill Sun
day. For a time his condition was
serious. His friends are pleased to
learn that a change for the better is
noted in his condition today.
—Miss Belle Kearney .national lec
turer, will deliver an address in the
Methodist Episcopal church on Friday
evening, September 27th, on the sub
ject "War Time in Europe." Miss
Kearney has been in France and has
studied war ^conditions at close range,
and is well posted on the subject.
The public is cordially invited.
—Arthur Burns, one of the stu
dents of the High school, met with a
painful accident Monday afternoon,
while attempting to start a stubborn
auto. The young man attempted to
crank the engine, and had neglected
to retard the spark lever. The en
gine back-fired and sent the crank
across the young man's arms, break
ing the bones.
—Corn has feeen ripening rapidly
with the favorable weather of the
past few weeks. Only small patches
in the low lands, and the late plant
ing would be harmed by frost at this
time. In some sections farmers have
commenced filling silos, while others
are cutting and shocking their corn.
The corn crop in this section of the
state will be one of the biggest in
many years.
—A. J. Gildner went to St. Paul
last Saturday, where he Joins his
brothers, W. E. of Mason City, and
Edward, of Marshalltown, and the
other managers of their stores, in a
purchasing trip. Gildner Brothers
own one of the largest chain of cloth
ing stores in the middle west, and
when they go on purchasing trips
they buy in immense quantities for
their fourteen stores.
—Mrs. Henry C. Smith and daugh
ter, Miss Kate Smith, and son, Harry
"E., who have been spending the sum
mer with Mr. and Mrs. Howard T.
Smith, at Roundup, Montana, arrived
home Saturday evening. They
brought home with them Henry and
.Jack Smith, sons of Mr. and Mrs. H.
T. Smith, to give them the advantag
es of the Manchester schools. Mr.
.Smith will drive overland with his
ar about the first of October.
—Residents, of Manchester were
"without water for some time Mon
day night due to a break on the deep
-well pump at the pumping station.
One of the rods which operate the
Dump broke, and necessitated draw
ing the pump In order to make the
"repairs. It took a force of workmen
the greater part of the afternoon and
-evening on Monday to make the nec
essary repairs. By midnight the big
pump was again at work lifting water
from the deep well and forcing it
through the mains.
—The brick layers, who have been
doing the brick work on the new
Congregational church building com
pleted their work on Monday after
noon and left that evening. Con
tractor c. K. Reading has the frame
work for the roof in place and will
-soon have the roof completed. Mr.
Eller, of Oelwein, had the contract for
the brick work, and he and his men
•did a Job of bricklaying which shows
that they are skilled in that line of
work. The building when complet
ed will be one of the finest church
•edifices in eastern Iowa. The society
Ijopes to have the basement rooms
^completed by the first of December.
IW& Buster Brown Shoes
New Fall'Caps
—Miss Lillian Todd is attending
school at Cedar Falls.
—Miss Laura Todd went to Sioux
City last week to resume her work as
a teacher in the city schools.
—Miss Ruth Douglas went to Char
les City Tuesday for a few days' vis
it. She will visit at Cedar Falls on
her return.
—Miss Blanche Thompson *and Miss
Katherine Lewis drove to Cedar Falls
one day last week. *Miss Thompson
remained there to attend the State
Teachers' College thiB year.
(National School Service.)
"How did you get hurt?" asked the
doctor of the American soldier in
France, as he slowly recovered con
Well," was the reply, shepplshly
given, ''the last thing I remember I
was telling a British Tommy that the
Americans had come over here to start
the war."
In this connection it may^be noted
that in a recent speech Prime Minister
Britian alone had raised an army of
6,250,000 men. "If the United States
of America," said he, "were to call to
the colors the same number of men
in proportion to her population, it
would mean near 15,000,000."
St Paul's.
Rev. H. F. McDonald will speak at
3:30. Sunday school at 2:30.
Sunday morning subject ''Dwelling
In the House of the Lord Forever.
Evening the usual services. Every
one welcome.
Sunday school In the court room at
10 a. m„ followed by the preaching
service at II a. m. The pastor's
theme will be "A Religious Fruit
Piece." Y. P. 8. C. E. at 6:30 p.
No evening services.
There will be the usual services
next Sunday. Preaching at 10:30 A.
M. and 8:00 P. M. Sabbath school at
11.45, and Chri^an Endeavor at 7:00
The Christian Endeavor Society will
give a social at the Manse Friday
evening of this week. This is es
pecially designed as a "Get Acquaint
ed" meeting for the new teachers In
the public schools, and a special in
vitation is extended to all the teach
ers. All member sof the church and
congregation are also invited.
The usual services Sunday. Morn
ing theme, "The Old Religion In a
New Age, or the Story of Nicademos."
Special music.
Evening theme, "Peace When There
Is No Peace."
Song service.
Sabbath school at 12.
Epworth League at 7.
The official board will meet Mon
day evening at 8:00 in the church par
The' annual conference Is held at
Clinton, Iowa, commencing October
The Ladies' Aid society ot the M. E.
church will meet Friday afternoon at
2:30 In the church parlors.
The Womens' Home Missionary set
ciety of the M. 13. church meets witn
Mrs. C. W. Keagy Wednesday, Sept.
25th., Mrs. George Klaus, leader.
Dubbelbilt Suits for Boys
Are designed for these times. They are
made of woolens that are guaranteed to
outwear the ordinary sort.
against wear or tear for six months-that is to say
if any garment bearing,the DUBBLEBILT LABEL
needs mending within that time, we will repair it
without charge. No other Boys' Suit in the world
1 promises so much.
We are now showing a beautiful range of models
and patterns-sizes 6 to 18 years, at $12.75 and
A DUBBLEBILT Suit is worth two of the usual
kind. It will pay you to examine these suits today.
Gildner Bros.
Ia the DUtrlet Court of Iowa, la ut
for Delaware Cowty,
In the Matter of the Estate of Archi
bald Livingston, Deceased.
The Motion to Strike Objeotlons to
Pinal Report filed May 21st, 1918, and
for order barring: and estopping: object
ors was submitted to Court on argu
ment of counsel. After careful con
sideration the determination of the
Court la that said Motion should be
overruled. The opinion of the Court
being that the position of the Executor
that the question of the right of lega
tee, Lenox CoUege, or the heirs of
Archibald Livingston to receive proper
ty under the second Codicil of the will
of Archibald Livingston stands adjudi
cated by the proceedings of the Dis
triot Court admitting the Will and Cod
dle to probate, and the determination
of the Supreme Court in passing there
on on appeal. Is not well taken.
While by the wording of the objec
tions to the probate of the will and
codicils there was an evident thought
and an attempt by the present ob
jectors to have determined the proper
ty rights of legatees named in the sec
ond codicil a review of the record
shows that no such issue was in fact
determined that the trial Court did
not consider the same that a deter
mination of the question was not nec
essary, and was not made, In reaching
the decision and judgment In that case.
That the rights of the legatees under
the second Codicil was not considered
and was not necessary to be considered
by the Court, nor was same properly
before the Court for consideration or
The question determined by the ver
dict of the jury which was directed by
the Court appears to have been solely
the question of the validity of the will,
and two codicils, the verdict being,
"We, the Jury, find that the will and
"two codicils attached thereto are the
"valid will and codicils of Archibald
"Livingston, Deceased."
Proponents upon the direction of
verdict and filing same asked the Court
to admit the will and codicils to pro
bate, and asked leave to show com
pliance by Lenox College with condi
tions of second Codicil, to which the
defendants objected and excepted, and
thereupon the Court in rendering its
decision and judgment stated:
"My idea about this matter is a little
"different from that of either one of
"you. I think that the Will and Codl
"oils ought to be admitted to probate
without any regard to consequences,
and then if any devisee or legatee
"under the will shows that he is en
"titled to receive the legacy devised,
"it can be shown at any time later.
"Admitting the will and codicils to pro
"bate at this time, however, in my
"judgment, is right, and it is so order
"ed: That Motion of proponent that
"the will and two Codicils are admitted
"to probate sustained, and same are
"admitted to probate," and the Court
then proceeded to appoint the Executor
and fix his bond, to all of whioh the
contestants except, and then the fol
lowing record was made:
(Mr. Trewin) "Just for information
and to make it clear I understand your
Honor to say that it Is not necessary
for Lenox College to make showing
now that it is entitled to receive this
estate, but that it can be dor.e later."
(Court) "I understand so."
(Mr. Trewin) "Well, that being the
case, we are ready to make that show
lug, there is on file a written accept
ance of the provisions of the will."
(Court) "That can be filed in the es
tate proper, and it is I suppose here."
No further action in the matter is
disclosed by the record except the
steps taken 'In and under the appeal
to the Supreme Court. And the writer
finds nothing In the decision of that
Court which should be considered a
determinaton of the rights of the part
ies to property under terms of second
Codicil to the will, or anything there
which should estop those appearing
herein as objectors to Final Report
from making claim to property rights
under the terms of said Codicil.
The Supreme Court in stating the
issues that were before the lower
Court, described them as, first, whether
the will and first Codicil should be ad
mitted to probate, second, whether the
second. Codicil should be admitted to
probate, and In passing on the excep
tion urged bccaase the lower Court
would not recognise and sustain their
objections as contestants, the Supreme
Into them is sewn
twenty distinct wear
features that other
clothes do not contain.
So well made is
we guarairtee it
Kaynee Waists
Bearskin Hose
Court simply held that by admitting
the will and first codicil to probate the
estate was thereby disposed of to oth
ers than contestants, and that they had
no interest in It, and having no Interest
in the estate under that admitted will
and codicil, they cannot be heard to
object to or contest a later codicil
which otherwise disposed of it The
Supreme Court does use^hese words:
"If the second codicil beroet aside and
"refused admission to probate the con
testants' would take nothing, nor
"would they if It were sustained," and
later In decision stated:- "As it was
"demonstrated in the course of the trial
"that plaintiffs were without Interest,
"the Court very properly struck from
"the files the objections to the execU'
"tion of the second codicil, and directed
"the jury to return a verdict for pro
ponent and ordering the will and both
"codicils admitted to probate."
The Executor, urges the use of this
language by the Supreme Court as eS'
tablishing the fact of an adjudication
of the rights of the parties under the
second codicil.
When the issues before the Court
and the whole record of the case is
considered, the position of the Execu
tor is not well taken. Neither the
legatee, Lenox College, or the condi
tional legatees, the heirs of Archibald
Livingston, have had their day in
Cojirt as to their property rights under
the terms of the second codicil. The
words of the Supreme Court first quot
ed, "nor would they if it were sustain
ed," in view of the fact that- contest
ants were basing their claim only as
heirs-at-law on the individuality ooi
heirs at law on the invalidity of the
will and codicils, and. in view of the
further fact that the terms of the sec
end Codicil gave the property to an
other, and such legatee the record
shows had filed acceptance, and in
view of the real issue before the Court,
in my opinion should not be consdered
as a determination of the question of
the relative rights of the legatees to
get property under second codicil on
distribution to be made by the Lxecu
The whole question being consider
ed by the Court in the use of these
wordB and those last quoted, was the
right of the parties to contest the will
and codicils, not th41r property rights
as legatees under the second codicil,
and the only questions determined and
which should be considered as standing
adjudicated is the question of the
rights of contestants to make a con
test, and the question of the validity
of th'e will.
This being the opinion of the Court
with reference to said several matters,
the motion of Executor to strike from
the files the objections to Final Re
port and to strike therefrom certain
portions thereof is denied. Said Motion
Is overruled.
The Executor excepts.
District Judge.
Tenth Judicial District of Iowa.
Cleaning and pressing at ftildners.
Both Inventions of Americans.
There is an English proverb which
commends as a cure "a hair of the dog
that bit you." And it is an interesting
fact, though hardly a coincidence, If
national Inventive characteristics be
borne in mind, that one of the most
deadly man-killing machines, which
the world owe- to the tjenius of one
American, the late Sir Hlrnm Maxim,
should have found its antidote—the
"tank"—in a device directly inspired
by the Invention of a compatriot, Mr.
Benjamin Holt.
Area of Greenland.
Corrections made recently In maps
of Qreenland have shown it to be about
160,000 square miles larger than form,
erly believed.
Easy Question to Answer.
The conversation in the village hotel
had turned on the war. when one of
the company asked. "Which is the moat
warlike nation T" "Vacd-nation," re
plied tike doctor. "Ifs nearly always
in anas/*
c#r «^?-.W£'1-'*••»•*,
•(, 'X
interesting News Items from Hie
Manchester Democrat, Regarding
People Who Had Important Part
In Early Activities of the County.
(September 18, 1887).
Jones Mill (Grange were to hold a
Harvest Feast at Jones' mill
Mr. and Mrs. A. S. Blair had gone
to Michigan for a two weeks' visit.
Chas. Van Anda had gone to Mt
Vernon to attend college.
Mr. and Mrs. G. R. Buckley had
been in the east on an extended visit
Whitney & Eppard had Just entered
into partnership in the hardware
A neat surprise was perpetrated on
Mr. and Mre. C. W. Keagy on the oc
casion of their 5th wedding annivoT
sary. The large company of guests
presented them with an easy chair, &
marble top table and other useful
(September 21, 1898).
Miss Sue Paxson had gone to
Omaha, tt resume her work as as
sistant teacher in the"High school.
Miss Alice Otis had gone to Rock
well City, Iowa, into the millinery de
partment of a dry goods store of
that place.
Miss Alma Le Roy had returnei
Cal Martin had joined the Merrlo
Bell Opera Company as leading teaor.
The annual C. L. S. C. Alumni ban
quet was held at the K. P. hall with
Mrs. R. W. Tirrill as president. The
graduates were Mr. and Mrs. J. F.
Jackson, Mrs. Fred Cary, Mrs. J. H.
Allen and Mrs. W. F. Pltner.
The Iowa State Board of Education
has made the best of arrangements
for the Students' Army Trainlne
Corps Unit that the War Department
has established at Cedar Falls begin
ning October 1, 1918. The M«n'a
gymnasium has been assigned for tlie
rooming and lodging quarters. Noth
ing superior to this can be provided
anywhere as the ventilation is auto
matic by the fan system, and tbe
lighting, bathing and other equip
ment is first class in every particu­
Calvin Yoran was to speak at
Ward's Corners, on political issues.
Capt. J. F. Merry had purchased
the J. B. Andrews residence on Frank
lin street and waa making extensive
Wfrs. Thos. Dodson had given a
birthday party in honor of her moth
er, Mrs. Lucinda Boynton's seventy
flfth anniversary.
The benefit play the Home Club
gave for the benefit of the yellow fe
ver sufferers netted 178.00. Miss
Verda Kelsey'a singing was a draw
ing feature of the entertainment
Jas. L. Kelsey, who had been in. the
employ of the Illinois Central for
several years, had been promoted to
the position of chief train dispatcher
for the Waterloo and Ft Dodge di
CHILDREN'S COATS $3.5» to $15
WOMEN'S COATS $10 to $45
WOMEN'S DRESSES, Wool.-$13.50 to $30
WOMEN'S DRESSES, Silk $10 to $35
WOMEN'S SILK SKIRTS $5.75 to $15
COTTON PETTICOATS $1.25 to $3.50
& CORSETS $2 to $6
WOOL MIDDIES, Red and Blue $3.75
MUFFS FOR WOMEN $3.5« to $25
SCARFS FOR WOMEN $3.50 to $25
CHILDREN'S FUR SETS $3.50 to $10
Nicely made
of voile all
sizes. Same
old price $1.
Poughkeepsie, N. Y., to resume liar
studies at Vassar college.
Miss Anna Gllssendorf had gone to
Northfleld, Minn., to enter Carlton
Albert Staehle ot the 49th Iowa,
was home from Jacksonville, to set
tle up his business preparatory to a
two years' service in the Spaxlsh.
American war.
Miss Ethel Seeds had returned to
the State University to resume taer
Harry Stewart had purchased Che
D. B. Allen lot on Union street and
intended erecting a fine residence.
Will Malven, Geo. Cross and Fau.1
Lusk were home on a 30 days' fur
lough because of illness.
HOMER H. SEBRLEY, President.
Miss Hazel Lewis graduated In vio
lin department at the Visitation
academy in. Dubuque Monday even
ing. A number went from here to
attend the exercises. Miss Lewis Is
a very talented musician and will
continue her studies in Chicago.
Mrs. jtohn- Davis of Fayette was a
guest of Mrs. Wm. Odell Monday. She
says her father, S. S. Brandt is nearly
At a special meeting of the 0. E. S.
last Friday night the Misses Florence
Odell and Edna Harris were initiated
into the order.
Mrs. Blowers, formerly Mrs. Ray, of
We have prepared for Your Comforts with com
plete line of Coats, Suits, Dresses, Waists, Underwear
Hosiery, Gloves, Blankets, Comforts, in fact every
thing to wear, and for the Home in Rugs and Curtains
and Curtain Materials. Come in and see the wonder
erful assortments.
E. M. Hushes
JKanchester's Leading Dry Geeds aad Readj-te-Wear Store.
isn't always the fellow with the largest
capital, who is the most successful in
The small, careful man, using a good sys
tem in his business, and guarding against
the little leaks, is pretty sure to succeed.
We appreciate the accounts of the small
and careful business man, and will give him
the same individual service and consideration
that we do the larger one.
Fanners & Merchants
State Savings Bank
Manchester, Iowa
lar. Provision is thus made for two
hundred and fifty men.
The best of provision has also been
made for the mess service near the
gymnasium. Contracts for food,
cooking and management have been
made with Mrs. Mildred Walls Robin
son, the manager of the college cafe
teria. This arrangement guarantees
superior meals. It is necessary to
know the names of graduates of ac
credited- high schools who desire to
take their training at Cedar Falls, in
order that the necessary equipment
may be shipped by the War Depart
The class work of thf S. A. T. C.
students at the State Teachers Col
lege will be conducted separately
from the regular college classes that
began work Wednesday, Sept. 11. Sep
arate faculty members have been des
ignated to give the War Department
courses to the young soldiers for the
three terms as follows. Fall term,
October 1 to December 21 Winter
term, December ?0 to March 22 and
Spring term, March 31 to June 21.
While this work will give college
credit it will be organized, managed
and conducted in conformity with War
Department standards.
Lester Pilgrim has purchased thai
Mattie Retherford house and will oc
cupy the same some time after the
first of the year.
Chas. Blanchard, wife and son ot
Strawberry Point, were Sunday visit
ors at the J. M. Lilllbridge home.
Mrs. Funk is entertaining a sister,
Mrs. Passenger, of Minot, North Da
Mrs. Hindman, of Cedar Rapids,
whose husband is working with M.
Thomas, spent several days of laat
week at the latter's home.
Ed Corell and family. have moved
to Delaware.
Miss Maud Crabb has returned to
Terril where she will teach the com
ing year.
Union Suits and Separate Garments, all
styles of sleeves and neck. Wool and Fleec
ed. Do not delay. Get them now while we
have all sizes.
Nice heavy Outings, white and fancy
stripe made full and long. Sleepers for
Children. Pajamas for Women. Get our
prices before you buy.
68x80 Cotton Blankets, pair $4.00
72x80 Cotton Blankets, pair $4.50
68x80 Wool Nap Fancy Plaids $6.00
72x84 Wool Nap Fancy Plaids $7.50
Cotton filled comforters covered with
fancy silkolines at
$3.75, $4.00, $5.00, $6.50, $7.50
Portland, Oregon, was a guest at the
Griffith homes last week.
A letter from "Nick" McCray states
that he is now located at Fort RUey,.
Kansas, has bis- aniform and is rqady
for action.
Earl firown writes from over there
that he is well and is helping dig
The Mansfield family of Sioux City
is guests this week at the Z. A.
Schneider home. Mrs. Josie Brandt
and little daughter will returij with
them. Mrs: Brandt expects to enter
business college.
Mrs. B. A. Sherman expects to
leave this week for a visit with friends
at Fort Dodge.
Maurice Corell was "gassed" while
over there and while he is in the
hospital he is not in a serious con
Miss Irene Corell is teaching the
York school.
Mrs. Wm. Goldsworthy spent last
week with her son, Will and family.
Mrs. Jas. Tracy and little son ot
Martelle were in Greeley last week.
Park Corell of Dubuque whs a vis
itor in Greeley over Sunday. He %U
accompanied by a young PhilliBfhp
student. Park is employed bp-Jfil
postal department.
Heavy Out
ing flannel.
Light and
dark. £8 in.
aoc. 'v.

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