r
m
VOLUME XXVII. '
ALLIAN'CK, HOX HUTTE COUNTY, NliliUASKA, l lMDAY. AUCJl'ST 20,
No. 78
KITTLEM AN IS A
WORRIED
MAN
Father. Now In Penitentiary, I' At
Tlmt fhlMien Arc U Ho
v Away .
Oswald Kittlenian, sentenced to
the penitentiary last January to serve
a life term on a charge of sustaining
Illicit relations with his own daugh
ter, Emma, has just heard of the ac
tion of Judge Tash, who on July 22,
ordered that seven of the Kittlenian
children be committed to the Ne-
braska home for dependent children.
Kittlenian, who is now known as No.
7631 at the penitentiary, has written
a,n Indignant letter to County At
torney Basye, wanting to know all
about it.
Kittlenian says that h:s cnildren
"have plenty to eat and wear, and are
not asking the county officers or any
body to help them out." He believes
that the authorities have to have
some reason, and asks the county at
torney to Investigate and report to
him. His letter follows:
"LINCOLN, Neb., Aug. 14. Mr.
Basye. Sir: I received a letter from
my daughter stating that they were
going to take my children awny. 1
suppose that the juvenile authorities
are the ones Involved. What grounds
have they got to take these children?
As I understand It, the Juvenile of
ficials are supposed to have a reason,
say cruelty, or non-support. That
doesn't apply to my children, as they
have plenty to eat and wear and are
not asking the county officials or any
body to help them out.
"So, therefore, I. wish you would
investigate and see who it is that is
taking authority of taking my chil
dren away. There is no grounds in
so doing, as I haven't asked the coun
ty officials or anybody else for as
sistance or support of any kind. Mr,
Basye, I realize that I am in here
and supposedly guilty of a crime, but
'that is no reason why that in ray old
age they should tear my family apart
and scatter them all over the globe.
And. Mr. Bayse. I am asking you 'or
the sheriff to investigate this for me
and see what grounds that they have
according to law or right,. In taking
my children away. ' -
"And will you answer just as soon
as possible' according to your inves
tigation. Respectfully yours,
"OSWALD KITTLEMAN."
No. 7631.
In his reply to this letter, County
Attorney Bayse doesn't go out of bis
way to spare Kittlenian, or place the
"blame elsewhere. ' The father is told
that he alone is to blame for the con
dition of his family, and that if he
liad shown as much interest in them
a few years ago as he is doing now,
Tie would be with them instead of In
the penitentiary. The county at
torney's letter reads this way:
"ALLIANCE, Neb., Aug. 18. 1920.
-Mr. Oswald Kittlenian, Number
7631, Lancaster, Neb. Dear Sir:
Your favor of the 14th Inst, at hand,
in regard to your children, the Juve
nile court has ordered Bent to the
'detention home.
"I am surprised that you take such
a fatherly Interest in your family. If
you had taken such an interest In
your family for the past few years,
you would probably now be with
them instead of being in the peni
tentiary. "The first time you were brought
before the district court, the judge
Informed you that it was your duty
as a, father to protect your family
Instead of abusing or harming them.
You wholly disregarded the admoni
tions of the court and continued to
abuse your family and to treat your
oldest daughter in the most vile and
shameful manner. .
"From my different conversations
with you, I have formed the opinion
that you have quite a bright mind;
that you are mentally superior to
any other member of your family and
you believed that because of your
superior mental condition, you could
treat them as you pleased; and that
.you were able to etplain in such a
maainer that the, ' lie would not
become acquaint with your con
duct. Your chl .t?n will be sent to
the detention hnie and cared for by
the state of Nebraska. This is not
due to their poverty, but rajher to
the condition which surrounds them.
"There Is no one now to care for
the young girls or lo assist In the
controlling of the boys and the fam
ily seems to have no conception of
right or wrong. The three older
girls have given numerous bad
checks to mailorder houses, sending
In checks for larger amounts than
their purchases and thus securing a
refund draft which they have cashed
and received the money, also the
goods, and when their checks were
placed for payment, the payment was
refused for the reason that they had
no funds on deposit. This is obtaln-
Till: WHATIIKIt
I or Alliance ami vicinity:
t-.y fnir t:M,lr,lit ami Saturday; cool
er l .viiht; plt;;htly Vf.ri.ior Saturday
afternoon.
Intf frood j and money under frantHi
V'it pretenses and may be punished
"; ni prison men t in the penitentiary.
igw your family to continue in
by "itlons of the law is a dls
cre' ty. his community which
should J
ters to kc
-e allowed the mat
.ur as they already
have. .
"As the matters now stand, your
wife and two older daughters will bo
allowed to remain on the farm and
try to make a living for themselves,
but if the girls continue to commit
crimes such as giving bad checks and
the like, they will be prosecuted and
placed in some Institution.
"You do not need to blame the au
thorities for this action because they
are only performing the duties re
quired of them. You can blame no
one but yourself, for you are the one
that brought this family into exist
ence and surrounded them with the
conditions that they are now living
under. Had you performed the
duties of a father and cared for your
family as you shuold have done, then
no blame could be attached to you.
Very truly yours,
"LEE BASYE."
A Warrant was Issued in county
court Tuesday morning for Clarence
E. Lyons, who, the complaint alleges,
cashed three worthless checks a;
the Alliance hotel. Lyons was ar
rested by Sheriff Miller and the mat
ter was at once adjusted.
JUDGE TASH BANKS ON
GOODlSPORTSMANSHIP Throwing legal technicalities usiae
and banking on the good sportsman
ship of Simon Spry to uphold him.
County Judge Tash Wednesday
morning awarded Dr. Everett B.
O Keefe a judgment for 144.00. Dr.
U'Keefe brought suit for $125. He
was represented by P. E. Romig, and
the defendant, Simon Spry, by At
torney W.- It. Met.
Mr. Spry's unrefuted testimony
was in substance ' as follows. Mr.
Spry rooms in the American hotel,
in the Norton block. Dr. O'Keefe's
offices are in the same building. One
pleasant day Simon dropped in for
jl visit and went over to the doctor's
office and laboratory. He. was im
pressed by what he saw, and sudden
ly remembered that he had some
molars that needed repairing. He re
quested the doctor to look them
over. The doctor did so, and report
ed that four of them needed fixing.
"What will it cost," Mr. Spry in
quired, "to have my teeth fixed
right? I want a good job done."
He was Informed that it would set
him back about $50. and he told the
doctor to go ahead. The doctor did
so. . In the course of time, Mr. Spry
received a bill for dental services.
The total was $125. Mr. Spry
thought there must be a mistake,
and he went in to see the dentist
about it. He testified that he was
Informed that the estimate of $50
covered repairs to the upper Jaw
only, and that the lower Jaw, which
was In worse fix than the upper, had
brought the total up to the amount
named in the bill. Simon explained
that he bad asked an estimate of the
?ost of repairing all the bad teeth
he had, but the doctor hadn't un
derstood It that way.
A day or S'. later, Mr. Spry re
ceived a letter irom Dr. O'Keete, in
which the latter mentioned the fact
'.hat be could always lie depended
upon to contribute to a worthy ob
ject of charity. The bill, receipted,
was enclosed.
Immediately, or soon thereafter,
Mr. Spry mailed Dr. O'Keefe a check
for $50. The check was returned.
This was the last Sir. TTpry Heard of
the affair until suit was begun.
This much of the testimony was
in, when Attorney Meti moved to
dismiss. The plea was satisfaction,
a mere matter of gift and accept
ance. Then Judge Tash stepped In.
The judge declared that the defend
ant's attorney was technically cor
rect. "However," said the judge, "I
know Simon Spry has too uiucn
sporting blood in his veins to win on
a fluke." Whereupon, he made a
rapid calculation of the costs in the
case, deducted them from the $50
tendered by Mr. Spry, and awarded
the plaintiff a Judgment for the bal
ance, $44.
A civil service examination for
clerk-carrier will be held at the Alli
ance postofflce on August 28. Com
plete information regarding 'jd allo
cations, salary and vacaucles may be
chtatned of the local secretary at the
p v office. i
oJHIJIfN SUES fOR
-.BIG DAMAGES
Former Atittocli hh1 AUInneo Man
hues Denver Citizen for Damn-Hen
in Dandruff Cure Venture
L. F. Hulen, form r western Ne
braska potash magnate and promoter
of the Nebraska potash plant at
Antloch, is reported to be the plain
tiff In a suit filed for damages In
Denver against Joseph Feldman
amounting to $12,500. Hulen, when
In western Nebraska, had a penchant
for driving red Stutz cars, as Alii
ance people will remember. ' -
The Denver Post of last Monday,
In telling the- tale of the lawsuit,
-aid as follows:
! "Feldman's Dandruff Remedy."
"Ah, yes, can't you see It emblaz
oned on the signboards of a thousand
country roads? The magic cure.
And. listen, you know how many peo
ple have dandruff since the country
went dry. Why, man, can't you see
the profits?"
Such was the luring picture L. F.
Hulen, in a suit for $12,500 damages,
says Joseph Feldman painted to him
as an Inducement to have him enter
a co-partnership for the manufacture
of "Feldman's Dandruff Remedy."
Hulen says he Invested $2,000 in
the firm and agreed to keep the
staggering company in funds until it
got on Its feet and was headed down
the highroad to profits and success.
Feldman, as his. part in aiding the
climb to the gold pot, was to fur
nish, Hulen alleges, the formula for
Feldman's magic remedy.
The partnership was f"r'-'.1 P
15, 1919, Hulen says, and the money
was furnished Oct. 1. It now is
nearly a year since the company was
organized but, Hulen declares, the
company is. minus the magic formula
and he is minus $2,500.
Meanwhile, he says, Feldman in
stead of contributing his golden
knowledge to the firm, has been
making Feldman's Dandruff Remedy
right in his own home on a small
scale and if any profits there be,
Hulen declares, the firm is not get
ting them and the company has not
yet started the climb of the golden
stairway. . ,
Sufferers from dandruff still are
thirsting for ' the dandruff cure.
Hulen alleges. ' .
Hence Hulen prays, the court to
compel Feldman to surrender hit
secret to the co-partnership and to
suffering humanity and to pay back
the $2,500 that went into the p-r-'1
nership to "manufacture, advertise
and sell the product," ani. t,
$10,000, the profits Hulen says he
would have received had the magic
remedy been put on the market.
FASHION SHOP'S
STYLESHOW FILM
The Fashion Shop has arranged to
have shown at the Imperial, the' first
part of September, a thousand feet of
film taken at the Chicago fashion
revue. It will be a showing of the
most beautiful and expensive gowns
made in the United States, in the
most beautiful settings. It is notice
able that the revue is now an Ameri
can institution, although it nasn't
been so many jears tlncu Paris was
showing the styles first and America
copying them. This will be a great
attraction and the exact date will be
announced later.
ALLIANCE CLUB INVITED
TO YORK ROTARY PICNIC
The York rotary club will enter
tain its neighboring clubs at a picnic
August 26 at the city park. Lincoln,
Alliance, Grand Island, Hastings,
Aurora and Columbus are invited.
Games, entertainment, and eats at
the park and a dance at Hotel Mc
Cloud in the evening complete the
program for the day.
CHICAGO MILLINER
AT HAHPKIt STORK
Miss Celah Rodgers of Chicago,
direct from the home of Gage hats,
is now in charge of the millinery -department
at the W. R. Harper de
partment store. t Miss Rodgers has
not only had considerable experience
in selling bats, but she is a designer
of a high merit.
The Young People Mission Circle
of the Christian church will meet
Monday evening, August 23 at the
home of Mr. and Mrs. Leslie A. Hall.
308 H Box Butte, with Mrs. Hall
hostess. Mrs. L. J. Epler, leader.
The Rebekahs will entertain to
night at the home of Fred Herbaugh
on Missouri avenue, for Mesdames
Blaln, Peterson and Phillips.
EXIilBir CAR IS
A DRAWING CARD
Fanner nn.t Otfuis Visit the "IVt
ttr l'unnlnts" KikI1 Tiiurstla.y
Alorni.ig '
Several hundred Box BuUe county
fanners took time Thursday morning
to visit the "Better Farming" special
t-xhiblt car, which held open house
at the Burlington station until 1:45
p. in., when it left for Angora, and
Bridgeport, where it remained the
rest of the afternoon and evening.
The car was sent out under the aus
pices of the Burlington and C. & S.
railroads, and the Nebraska college
of agriculture, and was In charge of
Earle G. Reed of Denver, agricultur
al agent of the Burlington and Colo
rado & Southern, and H. L. Ford,
assistant.
It was undoubtedly the most Inter
esting exhibit car that the railroads
have yet sent out. Among other
things, the following exhibits were
especially noteworthy:
A model farm, 6x20 foet, of 320
acres with crops actually ' growing
ilmwlng in detail how to start and
maintain a crop rotation system,
practical and profitable for western
dry land farm conditions. The crops
are changed according to those
recognized to be best adapted to the
localities in which the exhibit car is
operating.
i . A model farmstead showing mod
ern yet moderately priced farm build
ings, arranged in a practical and
economical manner as regards the
operation of an average farm.
A model hedge, .windbreaks,
shrubs and trees adapted to western
conditions were shown around the
farmstead illustrating waat varieties
to use on dry lands, how to arrange,
plan, start and maintain windbreaks,
trees and shrubs.
A series of models were shown
illustrating how to plan and con
struct a pit silo from the first step
to the completed silo, showing In de
tail the construction of a practical
one man derrick and lift for a pit
silo. The pit silo was declared to Ire
the cheapest and most desirable for
this country. Free plans and speci
fications were given to all Interested.
r A' model monolithic concrete silo,
concrete stave silo and vitrified tile
were carried Illustrating the most
Jeslrable types of above ground silos
for the western farmer.
A crops and seeds exhibit was
shown, illustrating the highest yleld.
lng grains, grasses and legumes for
this locality. This exhibit Is contin
ually changed according to section
being visited. Certified and Improv
ed 'seed and seed treatment were
emphasized. ' '
An exhibit of home conveniences
showing short cuts and -practical
methods of lessening the labor in the
farm home and making farm home
work more attractive was also car
ried. A livestock and dairy exhibit dem
onstrating the value of livestock on
the farm, pracjicularly of the dairy
cow for the dry land farmer.'
The car was completely filled
with pictures, large bromos and
kodak pictures eaca one telling a
story of farm achievement and suc
cess attained by some western farm
er through better methods of farm
ing or feeding livestock
Charts and diagrams graphically
depicting the results of different
farming methods and activities were
used.
Copies of U. S. Department of
Agricultural College bulletins and
pamphlets, bulletins, posters and
circulars issued by the Agricultural
Department of the railroad pertain
ing to all the subjects illustrated and
demonstrated on the car, were car
ried for free distribution to those
seeking information. Lists were also
displayed of . agricultural and live
stock bulletins and publications
which are available for free distri
bution from each of the Agricultural
Colleges.
A dairy exhibit showed the need
of.dalry products In the diet and the
value of the dairy cow on the farm.
"Use more milk, cream, cheese and
butter." "Keep more dairy cows per,
acre of crops raised," were the
alogans for the dairy exhibit
A leading feature of the "Better
Farming" exhibit train was the
Farm Marketing service rendered
free to all desiring to take advant
age of the service. A complete list
of farmers who have registered for
Improved seed, or seeds of any of the
varieties of grains or grasses for sale
which are carried on the car Is
kept available at all times. Any
farmer along the route may also list
any good seed, grain or grass whclh
he holds for sale. Farmers are In
vited and asked to bring samples of
seeds or sheafs to the car for ex
hibit and comparison. Breeders'
directories of puro bred livestock
liv kept iK'.ii'l IIS Will HS MM
of farmers and stockmen who have
puro bred Mock male and female
of nnv hired offered for sale. Any
f.;ti!iir or slotknrn May J I it mi)
pure bred rtock offered for pale.
T"o huTe bulletin bourn1 nre
uvd for this farm marketing purr
pore on which all wants nnd .offer
ing are displayed, where every
person wao visits the exhibit car can
plainly see the listings. In addition
to this, circular marketing letters
are sent out from the exhibit car
office every two or three days giving
the wants and offerings of the farm
ers. These lists will be sent to all
fanners who register for them or who
list a want or for sale In the farm
marketing department. The farmer
who has seed or livestock for sale
will thus be put In the quickest and
most direct touci with ones who de
sire to purchase.
An exhibition of the thoroughness
of this "exchange" was seen when
one of the visitors, a young lady, re
quested that the men .In charge of
the car find her a suitable farmer
husband. The replies have not
started pouring In yet, but with all
of this publicity there Is no reason
to doubt that she will have offers
galore. '
During most of the tour, farmers
from different sections of the west
who have made a success of dry
farming, livestock raising or feed
ing have accompanied the exhibit to
talk with farmers personally and
answer questions concerning their
experiences, opinions and methods.
Different farmers are with the exhibit
at various polpts each for a few days
only. . .:mmmm..m
LOST ALL INTEREST
IN APEACE BOND
The other morning County At
torney Lee Basye looked up from his
desk just in time to see a great, big
husky bend his bead and scrunch his
shoulders together in order to get
through 'the door. He was an Im
mense specimen, and would weigh,
the county attorney estimated, wel
over 260 pounds "' In" als present
(.naciated condition. In good flesh
I here's no telling what he woui
have weighed. The big man stood
by the desk a moment, and then
spoke thusly:
. '.'I'camen to, see .about putting
a neighbor of mine under bonds to
keep the peace."
Mr. Bayse gasped. He did It
audibly. Here was a man as big as
all outdoors, and he talked of peace
bonds for a neighbor, Mr. Bayse
was curious:
"Peace bond?" he asked. "What
sort of a man Is he? I'd think the
last thing you'd be hunting for Is a
4'er.ce bond." . ,
"Little bit of a cuss," was the1
reply, "in fact, he's too little. I don't
dare to hit him, or he'd have me up
for assault and battery. And yet he's
making himself so numerous that
I've got to do something. Yesterday
he camo over to my place and raVed
around and cussed me out something
awful. Yeaslr, he said things to me
that I wouldn't take from a man
anywhere near my size. But I didn't
dast to hit him."
"What' the matter with him?
asked Mr. B vyse. "What's he feel
Inc owly abnut?"
"Somebody took some photographs
from his house, and he claims I did
It," said the giant, "but I didn't take
'em. I never even saw the photo
graphs. I can prove an alibi, If it
comes to that."
. "You say," Inquired Mr. Bayse In
his best legal manner, "that he came
over to your place to say these
things to you?"
"Yes he did," was the answer, "he
came right ou to my place, and out
into the field where I was working."
"You understand," Mr. Bayse in
formed him, "that you have a legal
right to put him off your place If he
becomes obnoxious?" And then Mr.
Bayse explained the old theory that
a man's home is bis castle, and that
he may expell Intruders, using force
if necessary and Just as much force
as necessary. The giant' eyes kept
widening.
"Oh gosh," he wailed, when it
came home to hfm, "oh, gosh, if I'd
only heard this yesterday!"
The giant , didn't discuss peace
bonds any more. He seized. Mr.
Basye's hands in a warm grasp,
shook them wildly, and turned to go.
"That feller's young enough to be
educated," he remarked. "He'll be
over again in a day or two and I
guess it's up to me to educate him."
And so. If battle cries are heard
over in the Letan neighborhood, to
gether with 'much wailing and gnash
ing of teeth and other evidence of
combat, just conclude that somebody
is getting a little legal education.
Lloyd Thomas and wife are fishing
on the Niobrara river.
ASSESSING BOARD
CLAIMS REJECTED
('oinniKsloiipi- Turn Tlieiu Down on
Advleo of the NWo Deputy
Attorney (leneral
The Box Butte county commission
ers, who closed a nine-day session
Thursday afternoon; have rejects
claims aggregating over $1,600 turn
ed In by various members of ap
pointed assessing boards in several
precincts of the county. The ground
ror rejecting the claims was that
there was no legal authority for ap
pointing the boards. KnowinK that
there might be some question as to
I ho legality of their service, mem
bera of the boards in other precincts
did not turn In their claims, prefer
ring to wait to see what disposal the
commissioners made of the others.
sessor shall be elected for each coun-
ty and a precinct assessor In each
precinct. Where no candidate files
for precinct assessor, and none ts
elected or qualified, the vacancy may
be filled by appointment. When all,
the vacancies in the list of precinct
assessors were filled, some months
ago, County Assessor Keegan called
a meeting of the precinct men to dis
cuss their work. It Is reported that
some of these men announced that if
they had to annralse land s
prices at which it was selling, they
would not serve. It's a ticklish Job,
this appraising of land, and when th
county assessor came upon a circular"
sent out by the state board of equal-,
ization, In which reference was made-'
to the fact that In some counties, the
precinct assessors were assisted by
asieeslris boards, the Jdea appealed
to him.- ' I .' ,''-.j
Believing that he had authority
under the circular sent out by tha
state board', which was in the'nature
of instructions, the county assessor
proceeded to appoint assessing
boards in 'several These board a
elsted of two extra men to serra
with the . precinct " assessor. These ,
men arpralsed the land. It was a
good system and worked beautifully,
but It took considerable time and" the
bills for assessing were consequently
fairly large. The largest amount
Was for 1200. and ihn Inwu)
When these rial
the county commissioners referred
them to County Attorney Bayso. The
county attorney took them up with
the Attorney general's office, which
promptly replied that there was noth
ing in me statutes which would au
thorize the employment of such as
sistants, and that it was uQuo'iu, .
the board could lawfully pav ' the
claims. Actlnr udoii this advice. th
commissioners rejected theui.
The letter from the a'.tomcy gen.-
"LINCOLN. May 29. .The at
torney general has your. leit'r of
MftV 27. 1950 anI In iicnrn. in
m " - - . ...... Ti V . iu J WUI
ccimry wa inform you that we hava
examined the sUlutta or-ibia state
including the Revised Statutes of
1913 and each of the sessions of the
legislature since that time, and find
no statute In this state authorizing
the county board to employ assistants
to the county assessor in valuing real
estate foY th purpose of taxation.
"We find nothing which would au
thorize the county board In paying
fur tha BuruUi.. r, 9
therefore we advise you that if the
county assessor has appointed two
members as assistants and should
pay the fees for their services, the
board would have to take chances on
someone protesting against the al
lowance of the claim and appealing
from tht Hoiialnn nf tio otuntw
board.
"We think it is very doubtful it
the board can lawfully pay a claim of
this kind.
"We are, very truly yours,
"CLARENCE A. DAVIS,
"Attorney General,
By J. B. BARNES,
"Deputy Atotrney General."
POLICE ARB HUNTING
POK A. H. TRIMBLB
Police authorities in this part of
the state have been notified to be on
the lookout for A. H. Trimble, form
erly employed by John Wallace, on
a charge of forgery At least four
checks on Wallace, whose signature
was said to be forged by Trimble,
were cached last Saturday, and
Trimble left the city on No. 41 Sat
urday night
E. Essay cashed one check for fit
presented by Trimble, and this one
was honored by the bank. Three
other checks, each for 130, wei
cashed at the Golden . Rule, at
Rodgers' Grocery and at. Wilson
Bros.