LINCOLNMpfrrasba State JnuraalLINCOLN 1, NEBRASKA, FRIDAY, MAY 21* 1948BurlingtonLivin Appeals Rail Reael Board Order Reeo(Iunc to State*\\ illleSuprrim* (lourtn iIs MOffwVVASIUN(nr? urged Washington j Iks bp re- ; :i John L. irmly split j rimitting a j irators. oke up at uc Wcdnes- | lotting the crs associ- * in the past j ited to vetoof labor st_ lington railroad J Thursday appealed to the Ne- j j braska supreme court from an i order of the railway commission | i denying it the right to temporar- ,1 ily discontinue trains Nos. 14 and IS between Table Hock and Mr* T1,„ j Cook,j The appeal was filed the day | after District Judge Stanley Bar tos entered an order d»rectin_1 the Burlington to put the two j j trains into operation immedi* ately.The bure id the April “m I rline that to March The 1REPRI slM \riVI sgeneral's officeof themonth to i of the pru period At thisme. I f»4«. i ended and August, illIS Tills JESSF, JAMES?—The man looking ,d the picture in I ■ton, Okla. savs he is Jesse Janie who history records .was shot to death in 1B82. The Lawton Constitution says it has indisputable proof the man is the notorious outlaw In the early day pictuir in the man t nd air P. .•!« 1- • 'and his brother, Frank. (AP Wlrephoto Thursday night.)Rl*SNebraskan s Memory Refutes Jesse James Title Claimant1 Wednesday said It had affidavits ......I signed by three persons whoconference I Thr ',ourB*, knew Jamt in his outlaw daysne because' *Shades of the colorful stage- testifying to their belief the ority of the 'coac^* border outlaw west h.,v-orny 01 me thj,kly Thursday100-year-old Iajwdon. Okl. ! The three are Mary T James,said the ifiling of the appeal in the su- i ireme court has no of loot on the irdcr issued by Judge Bartos, It * cai pointed out the two ire entirely separate. i!m» stated that it the tra | not placed in service as »I the Burlington will be sul charge of contempt of coi I liable to a fine. Si,lr Rm:«»The trains, which serve 44 mlt; teased 1 towns between the two tcrmi- * nft*•«1 | nals, were taken out of service in ,,n'ox vv,lt; March during the coal strike but 11 v'' ln I were not replaced at its eonclu- record livu j sion The Burlington then tiled was figured an application with the railway | ,n‘'commission to discontinue the Moving cost | | service This has heen set for | iuniP 1,1 f,K j hearing June 14 at Superior.JrssiIN OMAHA, J W Wring,u-ten, Burlington attorney, said he did not know what effect the Bartos order would have on theOre»have the' fn,,n Wednesday claimed to be 91, Houston, who would have bandit Jesse James, presumably been 25 at the time of JaToxsi V ole*Rh,,t m thc back wh,lc hc ,umK 'official deathTovsYng/aWRVng-a p,rture in his St. Joseph home Img, Okl.. 72. who would havei i ,’• ' 1 ' w • litth M Cathi i • |■■ ■ ' ; ’ 1’ ' ■ n. t u:t, N» ■3 f,°r . i centenarian, as she ate her t to, Lewis Thursday breakfast, dangling feet over the edge of her bed. laughed, orkers chief not in derision but in memory.men who j • • *I peace the: „,F jgftSE is alive,”she said, I’d like to get biMeanwhile, the railway mission received a letter from 1 United States Sen. Kenneth I Wherry in which he stated it has full power to government intra- republican state rail service despite present! Friday's pPORTLAovernment control of the linTHE CONSTITUTION cman believed to bo James came to Lawton about four weeks ago from Centerville, Tex . where lie Frank Dalton. Re-PHILADELPHIApresident cf; fast for him again—anyway I porters said the man had be ion; George could manage to pour thc coffee. j under treatment for a broken hq of M. A All is forgiven and forgotten— i »t Dallas. Tex., and that picture:J. B. Fran-1 she once got breakfast for him I were made on his 100th birth land Creek at Independence. Mo. while his day. Sept 5. 1947great big gun law pointedly on Frank Hall, the Constitution* lal guards- the bed nearby (iiy editor, said he had ' iron July 12 nationalrung order If James is '■till alive, as the 1 clf|d evidence” that the man list- Sam RayburnBarkley Will Keynote Demo Conventioni*h Gov and Harold mg muchOregon's r 322.490 G ( ed to ballotEI.ECTH!closunprDerr...— W .......—.elected | Pr,mary *r Albert W. Barkley „f | prospector kv as keynoter for their I bde P'*y entinn. Hep l,ucs to lh Tex, ---hoii De v-Sta:. ..ng thc southern blr* op- 'vc,c *cw_ osed to President Truman's j y°ur ehoici ml rights program.-terloo, la . Lawton, Okl., Constitution claims, «*d n g'-’ ernmcnt pension roll , named permanent chairman.»ut Wcdnes- a lot of mourning on thc part J- Frank Dalton, ac tually wa. Sen. J. Howard McGrath,! republicanIO pack- of doleful ballad singers of thc the old Mi uin bandit democratic national chairman, er.ee and Itis shot to • 80’s and 90*s was in vain. The paper s Wednesday five- ^aid in reply to a question the • v,'*rs wafc 1, Jesse went to rest w ith his ! column front page story by He- selectionwere not aimed at op-! lt;K*ds %vcrcaod said at hand on his breast, ran the porter Lindsey Whitten qid a charge mournful song, which also ex- Dalton as saying he was a lt;ion-striking I coriated the dirty little coward lately reformed man.th Packing who shot Mr. Howard and laid ! * • •CRIME DOESN’T PAY.' said. “I’m thc |erfcct example. I mlive in remorse because of sot of the things I did years ago. j or r Hc declared the official story manthat Bob Ford shot him down in Recognition is due both for long and valiant service to thc Jemocratie part;ihooting oc- j poor Jesse in his grave.’’ Jessei was known in St, Louis as Tom 55-year-old Howard., non-union * • •t the plant,! MRS. PRETTYMAN, more ;ht to shoot than 60 years after she laid aten pickets hurried breakfast for the outlaw. 1 his home m St. J. eph. Moremembers it quite jierfectly. Of 1882—for a $10,000 reward—AN ORE •THEY ARE BOTH liberal lt;McGrath ported in every v -Mdcnts Rolt;ho,T packing medium height, fair complexn and sat ‘ ioned. Jesse James appeared at While lus mother and his!.( u v : ih- hi I d, ,-i l • ,tki. I w.iii! ir.v 1 ’ ! 'Hearing m breakfast.” body It vv.is really the corpse•nwide meat I can get it in a little while, ** man named Charles Bigelow, hcther labor said his commandeered hostess, he said.ned to pre- eyeing the gun. According to the Constitution tI want it right away, said tale. James. ,, Dalton, became a assigned to Jesse, who “kept looking out of soldier of fortune for 40 vents the request the door. and fought in Mexico Southirman Clair So Mrs. Prettyman went to the America ami Afri . H. claims i.) after the smokehouse outside, brought in a to have fought in World war I iveralls and piece of ham. added two egg- to when nearly 70the skillet when the ham was Last year he was admitted tofried, and set her early visitor the Texas confederate pen i n ,.,.1. , t.* the table, add.t.g i :• lt;itllKt I N ip . , guerrilla band. His birthdatc was• • • listed as March 8, 1848. The Con-**HE WAS REAL friendly, she stitution listed his age as 100 last says, but as quick as he was Sept. 5. James, according to rec-thru eating he thanked me and j ords, wuis born Sept. 5, 1847. got on his horse and rodeEdward J. Flynn, New York, former national chairman, said theie wu. no discussion among the 16-member executive rnm-to who would placethc big, ba Roi the mustache, , m somethu killer and contender : harnstormi clear test o Oregon lt;enjoyed th from theTruMr. Truman's n.unei at the convention. It’s up to the prcsisaid.noroina- (ocraticSOf lt;rs A. CoxTHIS WILL BE Barkley': third convention keynoting as-; signment. He served .t keynoter | or temporaly chairman for tie 1932 and 1936 conclaves and also! as permanent chairman of the 1940 convention.This will be Rayburn * first official capacity at a nationalvent aStas senTaft fKOh hi nation 1 Yorker ha: From W got into th No Taft i has spentLincoln was d secretaryhasraska Mort- I had often seen him and his , LATELY DALTON has UcKiation by brother riding by and guessed Rving at Centerville, Tex witholn.Mrs Pretty-old Friday.Lee Howk. who claims to be grandson of a James henchmant The I«awton, Okl., Constitution named Baxter. Last wdnter he * broke his hip. H. i, DuJury Term Set In 2 MurdersAsks City-County tion in Omaha StrikeSlijjlForeSlightlyG ERIN G, Neb. oP). Dist.Judge C. G. Perry has confirmed June 21 as the date of thc be-hts outlaw exploits for one last \ ginning of n special jury term to | time. try two murder cases pending iAccording to Nebraska City ' Scotts Bluff county, newspaper archives, James was ! He directed thc clerk of thea frequent visitor to that town ; court to notify 30 men and ; forecast flt;in the 70's. With a price on his j women to be available tor jury Nebraskahead. said the News-Press in duty on that date. summer vIn his messages to the two ! «ne James story, he used to ride The second degree murder trial Thursdayboldly down Central avenue with of Mr Sara Axt, 30, Scottsbluff, The we,his arms folded. and the trial of Elmer Layton, temperatu ____„ The late I’.ip Enyart of Ne- | j ,; ■ . . who lt;1 i . • 1 'has citizens in Omaha. He said they I braska City, whom James visited, 1 first degree murder, will be held An e.u ijiertained mostly to bricks being said to have engineered James during the special term Mis Axt f°i 1 ttethri an thiu wtndow an I mini i ' ’ Wa bi im tud in ■ it ended ent 1 hargt the request altercations between strikers and1 1875 to have In- picture taken slaying her husband. Car! Axt. • ' ' badl.Leeman and n m-sti iket * OB* ikljr Is ttnl Injfirl , bemg hlt;r v., n-ciai lived on a farm in those days, bond set at $10,000THE nnVIRNOK noi111•(I I,ut boil L.Umleading up to his house, so ; slaying of Joe Graham. “had to leave in a Morrill, and the county attorney icial j that the only duty of the1 jury will be to decide the sever-ty of the sentence for Ijn called on it would cost the taxpayers ; county of- ^ $60,000 a week.„ fhes:, ‘ officials. Peterson enclosed copiesand order soj0( son*ie recent letters of com* uthfully said plaint received by him from ementska national suppress al-rnblies have 2 governor inTHE GOVERNOR pointed *•«* uv •sday. In his that the Douglas county sheriff,! lai._ rnor pointed by state statute, has authority to that if Jiif Nebraska deputize as many persons as he hurry there would beh they can deems necessary tp aid and as- way to eluda pm .-teep law' and sist in dispersing and taking into • * *urrent pack- custody all persons unlaw fully ACCORDING TO THE 1.do hiassembled. The law also provides A E Shcld' o, James wa- : up-th.d any person rcfu nut t** ren* ' ’ ’ ' ’ ' 'QI EMTS to (j,., imnirdiate assistaiui shall bt ‘ ‘ '* fined up to $25. Oklahoma newspaper dc-Another section of the statutes I tribes the alleged Jesse James provides that if three or more as a of about 5 feet 11 inches persons assemble together to do w*u must have been a power-any unlawful act against the ful men irt his youth. peace they can be fined and im-; ^rs Prettyman and other prisoned in the county jail. quoted in former magazine and* * * newspaper stories, picture him asHE AI.SO REFERRED to a a man of only ei section which provides that it is There was little about the pleas-delegation of the duty of sheriff to suppress ant mannered Mr Howard that representing unlawful assemblies and gener- would have excited the curiosity .•ailed on him ally t. keep the peace of hi: of St Joseph folk call out the county wirita| The chief of police of Omaha. St Joseph newspapers areis letters that has concurrent jurisdiction with skeptical of the “find. They is a serious i the sheriff within the city limits similar unauthenticated claims er, and that (the governor said. have been made in the pa t.89. The lirsdayThe WeatherViclii Car (he w'ould not until I am law enforce-This is the made severalNebraska: Friday partly cloudy; O M A I cooler east and central high HO ; i i 1I.. XU , II IN't OLN Tl.Mfr.KUl Icrash.Poluriding in L Duerr which wa with an , by Haroh sas City.Fitzgeri j traffic fa the state’