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TWICE A WEEK TUESDAY AND FRIDAY
Official Taper of the City of ADiancr
VOLUME XXVIII.
ALLIANCE, DOX BUTTE COUNTY, NEBRASKA, TUESDAY, JANUARY 23, 1921
NO. 17J-
4?
V
f -
KRAUSE ESTATE
TO PAY $75,000
TO PETER J. LONG
SUPREME COURT AFFIRMS VER
DICT OF TRIAL JURY
Syllabus Filed Laft Wednesday Re
cites History of Well-Known
Potash Damage Suit
According to a decision of the su
preme court, the estate of John H.
Krause will pay to Peter J. Long the
sum of $75,000, the amount of dam
ages awarded by a jury in district
court in Douglas county, where the
case was tried. John H. Krause was
killed in an accident several months
ago. The opinion, which was written
by Justice Rose, recites the version of
the facts that was accepted by the
jury, and upon which the verdict of
the trial court was affirmed. The
opinion, in part, follows:
' "1. Where a purchaser, having se
cret knowledge of valuable mineral
deposits in the waters of a private
lake on land purchased from a vendor
who considered the waters of no value,
is sued by. the latter for fraud result
ing in the sale of the land, the mate
riality of th,e deception charged does
not depend on its effect on the pur-'
chase price, but upon its influence on
the mind of the vendor in entering
into the contract of sale.
"2. A stranger, having secret
knowledge of valuable mineral depos
its in the waters of a private lake on
land, may purchase the land without
disclosing his superior knowledge, but
a slight imposition on his part may
terminate his privilege of silence; and,
if he speaks falsely on matters relat
ing to his secret knowledge and to
the purpose of his purchase and thus
deceives the owner into making a
sale, he may be held liable for result
ing damages.
"This is an action to recover dam
ages in the sum of $992,000 on ac
count of the fraud of defendants in
inducing plaintiffs to sell and transfer
to them a 640-acre ranch in Sheridan
county, for $8,000. The difference be
tween the damages and the Bale price
is based on the value of potash in the
water of a private lake covering abcut
240 acres of the land. Flaintiffa al
lege that, without knowledge of the
potash in the water, they regarded
the lake as a detriment, and were in
duced by the fraud of defendants,
who knew the facts, to sell and trans
fer to them the ranch, including the
lake, without any consideration for
the potash. Defendants denied the
fraud charged and pleaded good faith
in the negotiations and purchase. Up
on a trial of the issues the jury ren
dered a verdict in favor of the plain
tiffs for $75,000. f rom a judgment
thereon, defendants have appealed.
"The controlling question on appeal
is the sufficiency of the evidence to
sustain the verdict. Defendants con
tend that there is no evidence of ac
tionable fraud; that plaintiffs fixed
their own price, which was paid; that
there was no concealment; that there
was no misstatement of an; material
fact; that defendants did not know
the contents of the water; that it had
no commercial value; that plaintiffs
and defendants had the same means
of acquiring knowledge; and that
clear and satisfactory evidence of the
fraud charged is wanting. The evi
dence and the argument from the
standpoint of defendants have not es
caped attention, nor have precedents
and divergent views of the laws been
overlooked. The position of defend
ants would be unassailable, if the
testimony in their behalf could be ac
cepted on appeal without question; but
the sufficiency of the evidence to sus
tain the verdict must be determined
by the proofs tending to make a case
in favor of plaintiffs, since the jurv
found the issues of fact in their 7a
vor. The circumstances surrounding
the negotiations are material to the
inquiry. Plaintiffs were husband and
wife, and with two small children
lived on the ranch in controversy.
They were without practical knowl
edge of chemistry; they lived in a
sparsely settled country and were en
gaged chiefly in stock-raising. Their
nearest neighbor was more than two
miles away. They were 12 miles from
a railroad and 40 miles from the
county seat. They had no telephone
and no rural mail service. The snow
was a foot deep and the weather was
cold. Travel by automobile was sus
pended. Peter J. Long, plaintiff, had
been on a saddle-horse looking after
his stock. Chilled by the cold, he came
home in the evening and found de
fendant, John H. Krause, there. The
two men had before met, but were
practically unacquainted, though their
ranches were only 5 miles apart.
There is believable testimony from
which the following facts and conclu
sions may be inferred:
"Peter J. Long, plaintiff, managed
three sections of contiguous land, but
two of the sections were owned by his
father, who resided in California. A
small portion nt the lake was on a
section owned by the latter. Krause
said he heard the land was for sale,
and was told that plaintiffs had never
so stated to any one. JCrause said he
wanted the land for grating and
other stock-raising purposes and
asked Long to put a price on the three
sections. After some reflection Long
said he would take $17,000. Krause
THE WEATHER
Forecast for Alliance and vicinity:
Fair tonight and probably colder east
portion tonight
insisted that was too much, owing to
the amount of water, 240 acres of
lake, and offered $13,000. This was
refused. An offer of $15,000 followed
and was likewise rejected. Krause
finally said he would pay $17,000.
Long, in the event of a sale, wanted
a lease permitting him to retain pos
session for a year to dispose of his
live stork. This was agreeable to
both. Long started to ask about a
potash plant at Hoffland, about 14
miles away, and Krause intimated
that the promoters were not doing
very much there 'except having a lit
tle smoke.' Long accepted a check
for $300.00 and agreed to transfer to
defendants!, the title to the three seci
tions for $17,000 with the understand
ing that the latter would lease
lands to plaintiffs for a year for
$700.00. These negotiations occurred
late in December, 1915, and the deeds
and the lease were delivered Febru
ary 3, 1916. The lease contains the
provision that the defendants 'reserve
the full rights to all the lakes on said
lands for any purpose for which they
may desire to use them, during the
life of this lease, together with full
rights to sub-let their rights to said
lakes." Plaintiffs had no knowledge
of this reservation when the lease and
the deeds were delivered. Of the pur
chase price, plaintiffs received $S,000
for their section and Long's father re
ceived $9,000 for his two sections. De
fendants knew that the lake contained
valuable deposits of potash and plain-fl
mis uiu mti. riaiiiuiiw ueuevea me
statements of John H. Krause and re
lied on them. Otherwise the sale for
$17,000 would not have been made.
Within short time defendants sold
the lands in the three sections for
$15,000 but retained the lake, which
is now connected by a pipe line with
a potash plant in Antioch, where there
is a railroad station. Defendants
have an interest in the plant men
( Continued on Page 8)
SUGGESTED LEGISLATION
MEETS WITH APPROVAL
County Attorney Lee Basye has
written the attorney general of Ne
braska and the county attorney's asso
ciation, recommending that.the presenC
legislature pass a bill permitting the
county attorney in any county to issue
a subpoena for any witness or person
whom he believes has knowledge of
any matter that he may be investigat
ing, requiring such person to appear
at his office and give testimony under
oath.
New York state has such a law, and
it has been found to be of great as
sistance to the prosecuting attorneys
in handling state cases. At present,
the county attorney is handicapped in
investigating crimes because he lacks
this authority. Mr. Basye, has, during
the past month, had plenty of in
vestigating to do, and has come to a
realization that it is extremely diffi
cult for a prosecuting "attorney to get
at the truth unless he has sufficient
power to compel witnesses to appear
and giye testimony.
"When the county attorney's atten
tion is brought to any alleged viola
tion of the law, he is supposed to in
vestigate the matter, but he has to de
pend upon the sheriff, constable or
police officers to make the investiga
tion," Mr. Basye says. "If the witness
does not care to give out any informa
tion, he does not need to do so, and it
is with much difficulty that the county
attorney is able to secure evidence be
fore the trial. If the witness could
be subpoenaed to appear at the county
attorney's office and give testimony
under oath, then he will be required
to testify whether he desires to do so
or not.
"Each succeeding session of ti-e leg
islature has added new duties to the
office of the county attorney, but has
failed to give him the necessary work
ing tools to perform some of these du
ties. 1 believe that the legislature
should also pass a law providing that
the county attorney might be em
ployed with a certain fund to be used
in employing detectives."
Mr. Basye has received letters from
the attorney general and others pledg
ing their support and the support of
the county attorney's association for
such legislation.
HOME BREW DRINKING
ALMOST CAUSED DEATH
William Kauffman, nineteen years
of age, returned from the hospital to
his rooms over a local pool hall this
morning, following a three-day stay
in St Joseph's hospital, where he was
taken Friday afternoon, Physicians
said that his illness was due to indul
gence in home brew. He went to his
rooms at noon Friday, and was taken
with convulsions a short time after
ward. For a time it was thought he
would not recover, but prompt reme
dial measures brought him out of it
Kauffman, it is said, admitted at the
hospital that he had been drinking and
said that he had purchased the home
brew from a local bootlegger, whose
name he refused to give.
Elizabeth Ann Walker, the small
daughter of George Walker, has been
quite ill the past week, but is reported
on the road to recovery.
TOM BEAL DIES
OF INJURIES IN
AUTO ACCIDENT
PASSED AWAY AT HOME IN ALLI
ANCE SUNDAY NIGHT
Death Caused by Blood Clot on Brain
Was Occupant of Car Driven
by Oscar O'Bnnnon
The second death to occur as a re
sult of last Wednesday night's auto
mobile collision, when a h )&vy Stearns
Knight, driven by Oscar O'Bannon,
crashed into the Chevrolet driven by
Ray Aspen, came at 10 o'clock Sunday
night, when Thomas J. Beal, well
known Alliance man. died after four
days of suffering at his home, 910
Toluca. Beal was seated in the rear
seat during the ill-fated drive, and
when the heavy car turned over twice,
suffered serious injuries about the
head and eyes. Oscar O'Bannon was'
almost instantly killed.
Beal had been conscious since the
accident, and physicians believed he
had a chance for recovery. At first
it was thought that he might lose his
sight, but later these fears were al
layed, and until Sunday afternoon it
was thought that he would recover. A
blood clot on the brain is given as the
cause of death. His nose was broken
and his skull was thought to have been
fractured.
Thomas J. Beal is survived by his
wie, two daughters, Mary, aged Feven,
and Betty, aged five, and a six-months-old
son, Warren. Two brothers, Ralph
and Huprh, reside in Alliance. The
latter was in partnership w'th Tom in
conducting a truck farm south of Alii-'
ance. The deceased came to Alliance
in 190G from Red Cloud, Neb.
Funeral services will be held from
the Catholic church in. Alliance at 10
a. m. Wednesday, with Father Man
ning in charge.
ALLIANCE MEN HONORED AT
STATE FIREMEN'S CONVENTION
The Alliance delegates to the state
volunteer firemen's convention, which
met at York lastweelc'tircupied a
prominent part in the deliberations,
several of them receiving places on
important committees. Following
were the officers elected at last Thurs
day's session:
President, C. R. Frasier, Gothen
burg; first vice-president, John Mar
tin, Fremont; second vice-president,
O. W. Rhoads, Scottsbluff; secretary,
H. A. Webbert, Kearney; Treasurer,
F. B. Tobin, Sidney: chaplain, Rev.
Walter C. Rundin, Mitchell.
Board of control: Jacob Goehring,
Seward, chairman; Clarence Dawley,
Auburn; A. W. Sprague, Crawford;
Bert J. Galley, Columbus; Earl Neel
ey, Gering.
Auditing committee: Col. Ernest
Hahn, Fremont; E. S. Carson, Kear
ney; P. E. Romig, Alliance. Commit
tee on constitution and rules: Bert J.
Galley, Columbus; H. A. Graff, Sew
ard; H. L. Boyes, Hebron. Legislative
committee: J. C. Cleland, Fremont;
L. W. Hague, Minden; J. W. Guthrie,
Alliance. , Committee or officers' re
ports: J. R. Baskins, North Platte;
C. H. Masters, Auburn; H. E. AyerS,
Mitchell. Press and publicity commit
tee: Lloyd C. Thomas, Alliance;
Harry Hauser, Alliance, R. D. Holmes,
Gothenburg. Memorial committee:
M. J. Sanders, Norfolk; W. C. Run
din, Mitchell; Lee B. Carey, York.
Attorney, L. W. Hague, Minden.
Earl Mallery left Friday on a busi
ness trip to Omaha.
GOOD XMJINES3
fro TO
Wati wtk
Am or MY
to.
m rwwi
I've noticed now Seattle claims it's got poor Reno beat; b all the
KfctSand shuffling games, it's much more iwift and fleet They grant
oVorcft (even a day, while Reno grants but three, they lay; they free fond
flapper, flip and gay, and it's done nice and neat Now, after every
wedded battle, the wine takes a train, and journey out to old Seattle to cut
'it bond in twain. The severing of any match is done with neatness and
dispatch, and hubby' free at any batch to (tart in raiting cain. It' getting
now to be the ttyle to travel way out wett and settle there till time to Ele the
paper on the pett Wives thake their happy, winsome smile for just the
shortest little while to thow the judge they're lacking guile, so he will do hit
best to make the alimony big; to make poor hubby dance a jig; to make him
tcratch and scrape and dig and beat upon his breast
Seattle isn't proud at all, the papers all declare: divorce figures quite
'appal; reformer simply stare. Why should they want to cut 'em down
when it brings customer to town like Mr. Driggs Bruggs Bronson
Brown to buy their goods and ware? Besides, divorces aren't as bad as
many people say. The ones divorced are never lad; they marry right away,
and so where two were wed before, divorcing serves to wed two more, so why
should they raise such a roar and get so awful road?
ew now .
STOCKMEN HOLD
A MEETING WITH
STATE OFFICERS
DISCUSS NECESSARY STEPS FOR
CONTROL OF SCABIES
General Inspection of All nerds
in Western Nebraska to Be
Made by March 15
Ten members of the executive com
mitte of the Nebraska live stock grow
ers' association and several state and
federal bureau officials met at the Al
liance hotel Monday afternoon. There
were present at the conference Dr. W.
T. Spencer of Lincoln, state veterina
rian; Leo Stuhr, secretary of the state
department of agriculture; Dr. Hayes
of the federal bureau of animal hus
bandry, and officials of the state bu
reau of animal husbandry.
The conference was held for the
purpose of taking the necessary steps
for the control of scabies, or itch,
which seems to be quite prevalent in
the herds of western' Nebraska. Ow
ing to the large numbers of cattle that
were shipped here last winter on ac
count of shortage of feed in adjoin
ing states the itch or mange got a
new start and this step was taken by
the federal and state authorities to
get the situation under control.
It was decided that a general in
spection of all herds of western Ne
braska be made between now and
March 15, and if conditions are suffi
cient to warrant it, a general quaran
tine will be placed on the counties of
westerrj Nebraska. ,
The work of inspection is to be com
menced at once, and it is expected that
it will be completed by March 15. The
bureaus will then be able to decide
what the next step will be. If the
disease is not bad enough to render
necessary the general quarantine, the
herds affected will be put under quar
antine and compelled to be dipped un
der government supervision.
The executive committee of the Ne
braska stock growers' association held
a meeting following the conference, at
which a resolution was adopted advo
cating a change in the brand inspec
tion law. The matter will be looked
fter y Senator Good of this di trict
Steps were taken to hold' a conference:
between a committee appointed by the
association and a like committee ap
pointed by the South Omaha exchange
and the secretary of agriculture, look
ing to a reduction in commission
charges of South Omaha. A larger
percentage of the executive committee
would have been present at this meet
ing had it not been for the storm,
which prevented many from getting
here.
DEAN' DIXON NEW HEAD
OF AMERICAN LEGION
Dean J. J. Dixon was selected by
the members of Alliance post No. 7,
American Legion, as past commander
at a meeting held at the city hall last
Friday evening. E. R. Harris was
elected to the vacancy on the executive
committee caused by the resignation
of D. C. Bradbury, who resigned to ac
cept the position of post adjutant
This gives Alliance post a full corps
of officers again, and plans are being
made for a number of legion activi
ties, first of which Is a dinner for
members and other ex-soldiers at the
Alliance hotel Fern Garden at 6:30
p. m., Thursday, January 27.
Bardell Marks, who has been sick
for the past week, is again able to
be out.
ohE
JQk
r i . J -
V J I
ARTHUR COUNTY SHERIFF
CAPTURESJFE DESERTER
Sheriff Charles Berryman of Arthur,
Neb., spent several hours in Alliance
Monday, and while here availed him
self of the hospitality of Sheriff Jim
I Miller. Sheriff Bcrrymnn had in tow
one Thomas Markensen, an undersized
man thirty years of ace, whom he was
taking back to Arthur county to
I answer to a charge of wife and child
' ilncavlinn nHknimk . 1 I . .
""""""I "iuiuukii me cumpiaini
might have been considerably stronger.
According to the story told by Ber
ryman, his prisoner, on July 5 last,
left Arthur county, taking with him
Estella Short, nineteen years of age,
the sister of his wife. Two months
ago the girl returned home, and has
since given birth to a baby daughter.
She refused to tell the whereabouts of
her sister's husband, but the family,
by watching the mail she received, dis
covered the address.
Sheriff Berryman said his prisoner,
who had been working near Living
Spring, Mont, under the name of
Thomas Nelson, came quietly and did
not insist on requisition papers. The
sheriff took from him a number of let
ters from the girl, who was quite in
fatuated. These letter bore the in
formation that the prisoner's wife
wasn't particularly concerned with
having him arrested, as she had filed
suit for divorce and was already en
gaged to be married again.
C. H. Hughes and family of Hem
ingford, were in Alliance Sunday.
County Judge Tash appeared at his
office this morning after a four-day
siege with "international complica
tions." He was suffering from a com
bination of Spanish influenza, French
grippe, Germnn measles and Patagon
ian phthisic. His strong constitution
enabled him to withstand the on
slaught, although he has been confined
to his bed. Several cases in county
court were postponed during his ill
ness, and it will probably be two or
three days before he feels sufficiently
full of pep to' tackle them.
MUCH INTEREST MANIFEST IN
ALLIANCE C. OF C. PARTY
It's none too early to begin to plan
things so that you'll have next Friday
evening open. On that evening, at the
IO wry" & Henry roof garden, comqs
the first of the "open house" meetings
given by the Alliance chahber of com
merce, and the public is invited. A
special invitation has been extended 1o
farmers, ranchers and stock raisers,
and it is hoped that the ronds will be
in shape for travel by next Friday eve
ning. The Friday evening party will be
different than anything heretofore at
tempted by the chamber of commerce.
There won't be a single speech dur
ing the evening. Instead there'll be
some real entettainment, consisting of
music by the eirls glee club, under the
direction of Mrs. J. S. Rhein; a man
dolin orchestra, and dancing to music
by Hardling's orchestra.
Two other features of the eveninff
will be a half hour or so of community
singing led by J. P. Mann, and a
luncheon of coffee and doughnuts. The
doughnuts will be cooked about ten
minutes before they are needed and
brought over to the roof garden just
in time to be eaten hot.
For all this entertainment there will
be no charge. Everything will be as
free as the air you breathe or the
water you drink. Those who do not
dance will find card tables handy. It
will be some occasion, and if it goes
as well as the directors expect, it will
be made a regal ar feature.
AMERICAN LEGI3N BANQUET
AT FERN GARDEN THURSDAY!
Members of Alliance post No. 7,
American Legion, will banquet at the
Fern Garden, the new banquet and
dance hall of the Alliance hotel, next
Thursday evening. Cards have been
mailed to the members and it is ex
pected that a large majority of them
will be present
This will be a regular business
meeting, the first since the newly
elected commander, Dean J. J. Dixon,
accepted the office. Mr. Dixon hopes
to liven up the members of Alliance
post, and plans to hold regularly
monthly business meetings and ban
quets combined. Attendance will be
limited to members of the legion and
ex-soldiers, and all members of the
post have been urged to bring along
a buddv.
Alliance post has been unfortunafe
in the election of officers who removed
from the city shortly after they as
sumed office, with the result that the
post has not had a fair opportunity
to accompnsn much, the play com
mittee has received copies of several
A. E. F. sketches and plays, and a
home talent theatrical production will
come up for discussion among other
things. The new commander has a
number of plans for injecting pep into
the meeting, and one of J. M. Miller's
feeds ought to be an Inducement for
them to turn out
The Alliance public schools as well
as the St Agnes academy had no
school Monday afternoon on account of
the storm.
Dutch Maunier broke his arm last
Thursday while wrestling at the club.
SAYS DETECTIVES
MORE EFFECTIVE
THAN GRAND JURV
BUT LATTER ABOUT THE ONLY
THING LEFT
County Attorney Basye Discusses Lais-
Enforcement at Chamber of
Commerce Dinner
At the chamber of commerce lunch-
eon at the club rooms Monday noon
the fifty or more members present dis
cussed several matters of importance
to the city and county. The topic of
chief importance was the petition ask
ing District Judge Westover to .call a
grand jury, and County Attorney
Basye, who was present, was asked to
tell of the procedure and give his idea
of the probable results.
Mr. Basye -gave it as his opinion,
that that while a grand jury in Box
Butte county was probably the best
course, under present conditions to ef
fect a clean-up, he doubted very much
whether it were the most economical '
or effective way of improving the
moral tone of a community. He fav
ored the hiring of two or three de
tectives, and told of former occasions
when this method had been found to
give! very satisfactory results.
A detective, he said, could go out . "
and actually get evidence that could be
introduced into court A grand jury
session can call in men and force them
to testify, but in court a man cannot
be compelled to furnish evidence to
convict himself. He said the county
commissioners hd, in,, times past,
failed to look with favor on spending
money to hire detectives.
Mr. Basye thought it too late to hire
a corps of detectives, for the present
cleanup campaign, especially since the ,
matter hnd been openly discussed. "If
you get detectives," he said, "not more
than two men in the county ought to
know flbout it. TVlPV ah mil ft vrnrk in.
dependency of the other law enforce
ment officers, and never be seen with
them. The minute they are spotted,
their value is lost"
City Manager Question.
sence of President Glen Miller brought .
up the question of the city managei""Orv'
plan. Two or three people present de
clared that there was no question but
that the election was legal. It was"
pointed out al-o that there were some
o""o"to of tb plan who hfld re
ceived legal opinion to the effect that
the election would be thrown out, and
that there was a prospect that the
matter would be taken to the courts.
At present, there are two methods,
which can be followed to iret a lejral
decision. If the mayor and citv cleric
call the primary elecMon, it will take
place unless the objectors nk for an
injunction, which w'll give the courts
an opportunity to pass upon the legal
ity. If, on the other hand, the mavor
and clerk fail to call the nr'mary e'ec
tion, mandamus proceeding can he
started to compel them to do so. Un
less eKher of these things happen, thft
election will be called and the matter
of leal!fv allowed to pass unoues
tioned. This, it was declared, miVht
lead to considerable difficulties in he
future. The courts will not decide
moot que.'t'ons, and do not loo-t with
favor on friendly suits, so there is
noh!nT to be done save w-v't and see
how things tu"n out County Attor
ney Basye advised the friends of the
plan to have their mandamus papers
redv. in he event it 'n decided not to
call the primary election.
Dr. W. T. Spencer, state veterinar
ian; Ieo Stuhr, state secretary of agri
culture; Dr. Hays of the federal bu-
reau of animal husbandry and othereJ
state officials, present for the meetingofi
with the livestock men, were present, '-
and the former was called upon for
remarks.
INSANE HOBO IS HELD
AT THE COUNTY JAIL
Louie Maas, sixty-six years of age,.
is being held at the county jail and
it is probable that he will be given a
hearing before the insanity commis
sion. He drifted into Alliance with
the snowstorm, and was found in the
railroad yards by a kind-hearted
switchman, who gave him his break
fast Sheriff Miller later found him
at a local pool hall and took him in
charge for investigation. At the jail
he showed signs of insanity, although
of a harmles variety.
Maas says that at one time he
owned a homestead near Mead, S. D.,
but that bis neighbors stole all his
belongings and forced him to leave
the country. Since that time he has
been "walkink the ties" under a sen
tence imposed by a woman whom he
calls "Anna." "She laid the curse on'
me when I was a baby, before I could
walk or talk," he said. "I'm getting
to be an old man now, and I'm mighty
tired of walking the ties, but she says
I've got to go on with it" He has,
he says, served two hitches in the
army, being stationed at Washington
barracks, where he was an artillery
man.
W. II. Butler, of Sheridan, Wyo
has been visiting his mother, Mrs.
Lizzie Butler of this city.
