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About The Alliance herald. (Alliance, Box Butte County, Neb.) 1902-1922 | View Entire Issue (March 22, 1921)
HERALD, rf xl & JILJ Official Paper of Box Dutte County TWICE A WEEK TUESDAY AND FRIDAY Official Taper of the City' of Alliance VOLUME XXVIII. ALLIANCE, BOX BUTTE COUNTY, NEBRASKA, TUESDAY, MARCH 22, 1921 NO. S3 CONSIDERATION FOR NOTE 10 TO BEWh.NS -ALLIANCE MAN. CLAIMED OBL. CATION ILLEGAL Besides That, V. E. Byrne Testified That He Didn't Get the Same Stuff He Bought For the first time in the history of iBox Butte county, and very likely the whole state of Nebraska, there has been entered a plea in county court that a note was given in payment for -whisky, contrary to the statutes made and provided, and that judgment not be given or execution on a chattel mortgage issued for this reason. The point came up in the suit of Frank W. Miller and Frank A. Clark vs. Volta E. Byrne, better known by his soubriquet of "Muggins," The testimony showed that the case had its inception on October 11, 1920, when the defendant, V. E. Byrne, made and delivered a note for $4.0 to -one W. V. Howard, a resident of Den ver. The note was due and payable January 1, 1921, and was secured by a chattel mortgage given on aiv Oak land touring car, the property of the defendant. Byrne's note was later sold, signed and transferred to the plaintiffs. Their petition set out the following alleged facts. Miller had a Ford car in Den ver. Howard lived in that city. The car was sold to Howard and the note and chattel mortgage given in pay ment. When the note became due, Byrne refused to pay it or to give up possession of the car to be so'd under the chattel mortgage. The plaintiffs filed an action in replevin to gain possession of the automobile. Mr. Byrne's answer set forth as a defense that the only consideration for the said note and mortgage was a contract for the sale of strong and spirituous liquor, which same was con trary to the state statutes. The an swer also charged that the note was transferred to Howard after it was lue and without consideration. On the stand, Mr. Byrne explained the matter in 'this way. On October 11, he said, he had been approached by Howard, who desired to sell him a quantity of good whisky, some eigh teen gallons. He did not 'have the money, he said, but Howard was will ing to grant him time to pay it Three months' time was agreed upon, itnd a note was made out and signed in the office of R. E. Reddish. On the same day, Byrne said, he met Howard at a point two miles south of the viaduct, where he was delivered eigh teen gallons of something. It had the color, but was not the whisky he had purchased. He discovered that he had been gipped, goldbricked, and flim flammed, and that the stuff he re ceived was neither drinkable nor sal able. Mrs. Byrne corroborated her Tiu.-band's testimony concerning the signing of the note, and stated that she was present at the time. A deposition from Howard was read yvhieh stated that the note had been given him to cover a loan made to Byrne. Howard declared that he had r.t first offered Byrne a check, and that when it had been refused, had the check cashed and gave him the currency. County Attorney Pasye was an in terested spectator aCthe trial. Know ing of the ort of evidence that would be brought out, he took with him a shorthand expert to the courtroom, jind the testimony was taken down. Apparently the idea was to later file a complaint against the defendant for violation of the liquor laws, but if so, luck was against him. The defend ant's petition set out that the note was given in exchange for spirituous liquors, but the testimony in court was to the effect that the stuff that was delivered wouldn't answer to the description. In summing up the case, Judge Tash unnounced that the only point to be passed upon was whether the plaint iffs had a lien under tne mortgage, lie held that Miller had purchased the note for a valid consideration before the note had matured and that Byrne's iMense was invalid, and that while it might be pleaded against Howard, it could not be done against an innocent purchaser. V. R. Metz represented the plaint iffs and P. E. Romig the defendant at the hearing. The latter filed notice of appeal, and the bond was set at $200. Alliance Post of the American Legion to Meet Friday Evening A special dinner and meeting for the members of Alliance post No. 7, American Legion, has been called for Fridav evenine at f.:30 at the Fern Garden of the? Alliance hotel. There sue a number of matters rb come up for discussion, among them plans for inrreasiner the to.-t's funds, as well a- participation in the bazaar to be :-iven by the young people of the Episcopal church anil the Leg'on at the roof garden April 4, 5 and f. There will be the usual dinner and the ac companying army song. OPEN VOIR HOMES TO THl TEACHERS March 31 and April 1 and 2, Alli ance will entertain several hundred s teachers in attendance at the an nual meeting of the northwest sec tion of the Nebraska state teach- rs association. It is considerable i" an honor to have the first meet- ' , " up to the citizens to find ac- .fliodations for its guests. It will be impossible to find places for all of the delegates un less Alliance residents open their homes during these three days. It will be a pleasant association, and profitable as well. The chamber of commerce has been enlisted in the work of finding quarters for the visitors. If you have a spare room, or can fit up one temporarily, you will be doing the committee in charge a service. All who can accommodate one or more teachers for the three days are asked to telephone the chamber of commerce (Fhone 74) some time Wednesday morning, at which time any information desired will be given. The need is urgent, and Alliance people are asked to do their share in making the conven tion a success. There may be lingering doubts in the minds of some Alliance citizens as to whether spring is really here, but J. S. Corp, who cares for he court house, is going ahead just as though he were sure of it. A couple of weeks ago he strated getting the dawn in shape, and this week the trees have been sprayed. For years the court house lawn has been the. only one in the city that came through the season in as good shape as it started, and it has already taken on a trim appear ance. It won't be long until the dan delion war is begun. BEGIN WORK ON COUNTRY CLUB IN A FEW DAYS TO BREAK GROUND' FOR BASE MENT THIS WEEK Forty Acres Additional Were Pur chased Last Week, Assur ing Water Frontage Work on the building of a cllub house for the Alliance Country club on the club's acreage at Broncho Lake will be started .some time this week, when the excavation for the basement will be started. Local con tractors are now figuring on the work of construction, and the building com mittee plans to push the work rapidly to completion. The building will be 33xf0 feet, one story, with a veranda on three sides. The basement will be 84x47 feet in size, extending out beneath the porches that the building will be admirably adapted to the use for which it is intended. Building costs have dropped some thirty per cent uuring the past few months, and the comin-ttee will be able to erect a finer structure with the money at their disposal tlnn Ihey had expected. According to present plans the club house will contain a general r.sJ sembly room, to be used for dancing and other entertainment a l.ig din ing hall and three rooms will be added as quarters for the caretaker iml his wife. The floors will be har-Lvood throughout, there will be several big French doors and a firepluoo. The basement will be fitted up in splendid shape. The club house will have its own water, sewage and electric liaht plant, and there will be two sets of shower baths, with locker equipment for both men and women. During the past month, fix men have been employed on the nine-hole golf course, putting the greens in shape, Six of the greens will te thirty feet in diameter, two forty feet and one, at the ninth hole, luty feet. The location of the ninth hole has been changed somewhat, being moved in several feet from the water's edge. Two tennis courts will be con structed after the golf course has been put in proper shape. One feature ot the lmprovement. nlanned concerns the lake frontage. The club has purchased forty acres additional, giving' it an south front age on the lake. A pier will be built down into the water on the north side of the lake and a boat house built. Several members of the club have rl ready made arrangements to purchase motor boats, canoes or sailing craft. Some of them have ordered motor anl will build their own boats. There will also be made provision for those who want to swim, the lake being from six to twelve feet deep The membership campaign is now drawing to a close, and some of those who have planned to join, but haven't trot around to do so may find ' hem- selve's out in the cold some of these fine davs. The membership lias leen limited to one hundred, the cot leini: $1.')0. pavable in three in-tallmcnts and the list is being filled. The club will be the chief means of recreation in Alliance for years to come, nnd once the club' house is built, member ship will be at a premium, $700,000 SUIT FILED AGAINST ' POTASH GROUP CLAIMS FUNDS WERE WRONG FI LLY CONVERTED Says Attempt to Merge Western With American Was Done Over Protest of Minority A suit to recover $700,000 alleged to have been wrongfully converted from the funds of the American Potash company of Nebraska was f iled in the United States district court Friday m&rning by George W. Harris, a resi dent of Colorado, who brings the ac tion in behalf of himself and the other stockholders ,says the Lincoln Star. The suit, brought through an Onmha legal firm, is by far the biggest in the Lincoln division of the federal, court in years, and is directed against the fol lowing defendants: William. E. Sharp, Frank J. Sharp, Charles Stuart, William H. Fergiumn, Arthur T. Raymond, S. A. Foster, A. H. Talbot, Hermert E. Sidl6s, Thomas A. McWilliams, American Potash company of Delaware, bankrupt; Sam uel C. Waugh, trustees in bankruptcy American Potash company of Nebras ka, First Trust company, Lincoln. , An attempt to consolidate the West ern Potash work and the American Potash company of Delaware in ex change of capital stock in the Ameri can Potash company, of Nebraska, vas made for the purpose of transferring the property and fumlF of the Nebras ka plant to ihe eastern concern and place the same beyond the reach of the American Pvrash company of Nei braska nn 1 it stockholders Harris alleges in hi petitkn. The amount sued for by Harris rep resents, according to his bill, the profit realized by the American Potash com pany, of Nebraska on'the sale of pot ash and other mineral salts during the years of 1918, 1919 and 1920. The gross sales during the three jear perod aggregated $1,800,000, Harris claims. The Colorado stockholder avers that the $700,000 was used by the di rectors for the construction of a pot ash reduction plant and other im provements upon the real estate of the Western Potash works at Anlioch and for paying the current indebtedness of the Western Potash, without the con sent and over the protest of the itock holders of the American Pota.-h com pany. This action, Harris says, was contrary to the articles of incorpora tion and in violation of the trust as directors. "The defendants, under the name of the -Western Potash Works, knowing that the funds so received were the property of the American Potash com pany, of Nebraska and knowing of the wrongful use of the funds, received the said funds and wrongfully con verted the tame to their own use," the petition recites. In the latter part ot lyiu, Mains lts forth, the defendants organized the American Potash company, 'of Delaware with a capitalization of $3, 000,000. They then proposed that the properties of the Western Potash Works should be turned over to the American Potash company of Dela ware in exchange for 20,000 shares of capita) stock in the American Potash company of Delaware. The pretended purpose ot the oner was in enect a consolidation -of the Western Potash Works with the American Potash com pany of Nebraska, the Colorado man claims. Harris and other minority stock holders of the American Potash com pany of Nebraska, refused tto accept the offer and notified the directors that they objected to the consolidation un til a complete accounting between the Western Potash Works and the Amer ican Potash company of Nebraska cou'd be had and the fuwds of the American Potash company of Nebras ka converted by the Western Potabh Works returned to it by the defend ants, who were co-partners as the Western Potash Works. Despite this protest of the stockholders, Harris as serts, the directors carried out their program. The defendants control 2,208 1 2 of the 2,r00 shares of stock in the American Potash company, of Nebraska, Harris says. The American Potash company of Delaware, was adjudged bankrupt on December 28, 1920 ,and S. C. Waugh elected trustee. Harris tells the court that a com plete accounting is necessary to de termine the exact amount due the stockholders. This is the second Fuit filed against the Lincoln group of potash interests. An action for $10,000 was filed a few days ago by a Philadelphia engineer ing firm. . Volunteer Firemen to Elect Officers on Wednesday Night The Alliance volunteer firemen will hold a meeting at their club rooms in the city hall next Wednesday eve ning, at which time officers for the ensuing year will be elected. The meeting will be called to order at 8 o clock BOGUS SOLDIER DIDN'T. GET BY WITH RED CROSS TOLD PATHETIC TALE OF TUBERCULAR WIFE A Warning Telegram Received From Sterling Few Minute!) Fefore He Mule His Plea 'When a man in soldier's uniform approaches you with a hard luck story and asks for financial assistance, whether it be a small loan to enable him to rejoin his dying grandmother or to buy a railway ticket to take his tubercular wife to the healing Arizona atmosphere, don't be too fast in drag ging out your pocketbook or writing a chpek. There are thousands of de serving cases that need assistance, but unfortunately it is true that there are a number of cheap grafters who have borrowed a uniform because there are enough patriotic men and women who haven't forgotten there was a war to make it profitable. The next time you are approached by one of these people, don't take the risk of deter mining whether the man is honest by gazing into his eyes. Send him to the Red Cross home service bureau over at the court house, or communicate with D. I). Bradbury or Dean J. J. Dixon of the American Legion. It has developed that a number of these unfortunate ex-soldiers who are in need of money will bear watching. The Red Cross keeps pretty close track of them, and. sooner or later jli of them will wind up at some Red Cross headquarters. If they are real 'y deserving, they'll get a loan or r gift that will take care of them. 1 iot, they'll find it healthy to hit the tie or ride the rattlers, depending or how easy the pickings "have been. Last Friday morning a young man "n a so'dier's uniform arrived in Alli ance. He inquired for the legion post commander, and there unfolded a tale of woe. He gave his name as Emerj Scott and said that he was headed for he healing atmosphere of Colorado not for his sake, but because of bjf we, a sufferer from tuberculosis. The doctor had ordered it and he had no funds. It was a pathetic tale, and the young man indicated that he would do anything to save his wife. lie was willing to dig ditches or go to worK on the streets, but they needed a few .lollars to buy food and get a -room. The man was dressed in a new uni form, spotlessly clean, and he told e most plausible yarn. .He was directed to the home service bureau offices. Mr. Scott didn't get by with the Re: Cross. A telegram had preceded him ome ten minutes, from the Red Cross secretary at Sterling, Col. The Alli ance secretary asked a few questions about his service record, and Mr. Scott smelted a rat He claimed to be a private ward master and said that he had seen service at the post hospital :it Fort Leavenworth, Kas., but the minute the secretary spoke of wiring the Red Cross chapter at the town where he had enlisted, his dignity war aroused and his feelings vfere injured He resented the suspicion with which he had been received. He told, the .secretary that he had gone from a very small town too small to have a Kel Cross chapter and that he had enlisted in a place a hundred miles distant from his home and that he was sure she could not trace him. But it mattered not he didn't have to sub sist on grudging charity he could starve. It might be that some of his liudilies would help him and he was irone. The nexCtrain took him away Mis "tubercular" wife accompanied him in the search for greener pas ture. The next mail brought compile de tails from the Sterling secretary. Mr, Scott had come to that fair city from Fort Morgan, where he had met with hard luck, his graft failing to work The Fort Morgan secretary wired to Sterling, but by the time the police could be notifed, the birds had flown. Mr. Scott seemed to have a fearfully ensitive disposition. He was asked to return the day following by the Sterling secretary, but in his life a day too lonsr to wait. Warning has been -ent to other Red Cross chapters, and sooner or later this particular bogus soldier will get his. In the meantime, the charitably inclined will do well to hear in mind that famous . motto: "Safety First." Chamber of Commerce Arranging Lectures by Local Physicians The chamber of commerce, working with the Woman's club, is arranging a series of lectures by local physicians, to be held in the Salvation Army head quarters. These meetings will be free to the public ami the lectures will be along lines of education in the proper handling of sickness and accidents in the home before the doctor arrives. There will also be a short coue in home nursing. The matter of hygiene and cleanli ness in the home, the proper disin fection of the home and matters re latins to peronal health will be dis Alliance Team Wins Debating Championship of Northwest Nebraska The Alliance high school debating squad won the district championship by defeating the s.dney hijrh school team at Sidney Friday evening, March IS. ihe judges were G. W. Irwin of Bridgeport, Attorney C. G. Perry of Bridgeport and Superintendent A. E. Herinur of Lodgepole. The question was: "Resolved, That the Literacy Test for Immigration Should Be Re pealed. The Alliance team supported the negative and Sidney the affirma tive side of The question, and the de cision of the judges was unanimous for Alliance. The decision gave Al liance the championship of the north western district. The Alliance debaters were Edward Morrow, Tom Miller and Ruth Stan ton. Emily Gould, Florence Fisher and Allen Chamber represented the Sidney high school. There are twelve districts in Nebraska, and the district champions will debate for state hon ors some time in May. The virtnrv at Sidnev ndds nnniVier laurel wreath to the Alliance collec tion, which Is already comfortably large. No other high school in Ne braska ha so good a record in foren sic contests. In the last eleven years there have been but two occasions when the championship went to other schools. Miss Keith is the coach for the de bating team and is deserving of much credit for the showing made by the team. This is the third year that she has had charge of the squad, and dur ing her work the team has never lost a debate. W. G. Tracey of Denver, a resident of Box Butte county in the early days, is visiting in Alliance. LOWER FREIGHT RATE ON LUMBER AND LIVE STOCK INTERSTATE COMMERCE COM- . MISSION TO THE RESCUE Decision Finally Reached to Restore . the Rates That Were in Effect Last Year " Buvlington traffic men are expecting a better snowing ior me nexi iwo months than they have had to look for recently, all because two new low rates announced during the past ween win permit traffic to move, says the State Journal. The new lumber rate on traffic mov ing from the northwest to the Missouri river is seven cents less on lumber, excepting on red cedar and shingles, where it is 6.5 cents lers. A new cattle rate, effective April 1 to July 15, reduces the range cattle rate to th3 basin or rates in enect August 23, 1920, the old cattle rnte. This will permit southern range cattle .'o move from Texas to the north Ne braska and Wyoming ranges. The Burlington gets a long haul on lumber from B llings to the Missouri river and has the choice of to lines over which it may be hauled for a long distance. The same road with its Colo rado & Southern gets a long haul from Texas to north Nebraska and Wyom ing. Traffic men look on the new rates as life savers in this time of Jow busi ness. The lumber tonnage from the northwest has been convenient fill out stuff, and since little or no coal is moving it will come in mighty handy to fill out freight trains that must run to move time tonnage. The cattle busi ness from theyuthwest provides a lot of business evty spring, thousands of cars passing over the Burlington line east of Denver and north of Brush. It is delivered to the Burlington at Denver and Cheyenne. Burlington men al.-o look for the new lumber rate to stimulate build ing. Some cattle is handled through Lin coln via the Rock Island to north Ne- bra.-.ka points, from here on the North western. Old timers remember when the Santa Fe delivered hundreds of car3 of stock to Concordia, delivered the shipments to the Burlington at Concordia and from there it was hauled to the northwest through Lin coln. The connection with the C. & S. and the building of the Brush cutoff made a shorter route and one all on rails owned by the Burlington. There fore that traffic now moves through Denver. One nesult of the 33 per cent ad vance in railroad tariffs last August was to raise cattle rates from the southwest to northwestern ranges to the Drohibitive point. Between the ad vance in rates and the decline in prices there was no possibility of restocking the depleted northern ranges with southern cattle, and the situation was nut uo to the interstate commerce com mission, me rai roads a 4 wen as me sto'knten of Texas and the noithwe.-t were sulTering and the decision was finally reached to restore the rates that were in enect last yeur. Dr. and Mrs. C. E. Slagle left for Denver Sunday and will vu-it friends for several days. alliance five are district cage champs WLNS HONORS IN TOURNAMENT AT CIIADRON Three Alliance Men Are Given Place on All-Star Team Picked. by Coaches The Alliance high school basketball team won the honors in the north western Nebraska and Southwestern South Dakota basketball tournament, played at Chadron last Thursday and Friday. All teams in western Ne braska were invited to participate, and the invitation was accepted by twelve or more schools. The Alliance boys ptaged a splendid comeback, following their defeat last week" at the state tournament, and although some of their games were close, won compar atively easy victories. A delegation of thirty Alliance busi ness men went to Chadron Friday af ternoon, and witnessed the closing game of the tournament. This Is th first western Nebraska meet, but it proved so successful that it will prob ably be made an annual event. Following is the record: First Round. Chadron v. Crawford Chadron. won by a forfeit Rushville v. Chadron Normal High Scort 2G-23 in favor of Rushville. Minatare vs. Mullen Mullen for- feited. Hot Springs drew a bye. Antioch drew a bye. Alliance vs. Long Pine Score 74-21 in favor of Alliance. This- was th highest score during the tournament. Bassctt vs. Gordon Bassett forfeit-el- Second Round. Chadron vs. Rushville Score 31-15 in favor of Chadron. Minatare drew a bye. (Minatart was the most fortunate team, draw ing a bye clear up to the semi-finals. Hot Springs vs. Antioch Score 71 12 in favor of Hot Springs. Alliance vs. Gordon Score 4S-9, Al liance winning the big end of th score. The first two rounds were played the first day, afternoon and evening. As Alliance was the only team that d'd not draw a bye, and not arriving at Chadron until in the evening they had to play two game in the evening:. L,ong nne and uoruon. Semi-Finali. The remi-finals. and finals werK. played Friday afternoon and eveninur. Chadron vs. Minatare Score 31-11, Chadron winning. Hot Springs vs. Alliance Score 13 12, Alliance winning. This was the hardest fought game during the tour nament. Finals. Chadion vs. Alliance--Score 26-11, in favor of Alliance. The games that attracted most at tention, and were, the most closely watched were Hot Springs vs. Alliance and Chadrort vs. Alliance. In the Chadron-Allianee game, Alliance was handicapped because the team had laye I three games preceding the finals, while Chadron had played only two. Preceding the Hot Springs-Alliance game, Hot Springs played one game find Alliance played two the. night before. I Hot Springs played in the semi- - finals in the South Dakota basketball tournament, and came to Chadron to cop the baron, but Alliance was the. stumming block, they lost to AUI ance by one point. Consolation Games. Antioen vs. Long Pine, 22-2D, in honor of Long Pine. Chadion Normal High vs. Gordon. Score 32-22, Chadron winning. An All-Star team was picked by eight coaches from the eighty-ftv players who participated in the tour nament Three men received unani- maus selection. They are Daily of Al liance as forward (he was also unani mously selected as captain), Marel guard, and-ffoder of Alliance as guard. The other two were Robinson of Rushville as center and Chalfont of Chadron as the other forward. Mem bers of the All-Star team received; gold medals. The Alliance team received thft Chadron Normal trophy, which U a 14-inch silver loving cup. The Chad ron Normal high school were th runners-up and received an 8-inchj silver loving cup. Judge W. II. Westover Holds Brief Session ' of District Court District Judge W. H. Westover wa in Alliance last Saturday and held a brief session of district court. He passed upon a number of motions and two or three demurrers, and granted three divorces, Mann vs. Mann, Mailey vs. Mailey and Surrell vs. Surrell. W. D.. Rumer drove the judge over t Hay Springs in the afternoon.