a. Sam i i i i II ii ii i v i j mm mm i Official raj.. Butte County TWICE A WEEK TUESDAY AND FRIDAY Official rapcr of the City of AIILasc VOLUME XXVIIL !CV "Twelve rages) ALLIANCE, BOX BUTTE COUNTY, 'NEBRASKA, FRIDAY, JUNE 10, 1921 NO. 5$. v mis 0.R.6YQ, FIREMAN MEETS DEATH IN RAIL ACCIDENT 'DENVER PASSENGER PLUNGES INTO PLATTE RIVER !Eody of Fireman Elmer C Snedeker la Still Missing No Other Fatalities Elmer C. Snedeker of Sterling, fire man on passenger train No. 803, run ning between Alliance and Denver, is Relieved to have lost his life when the engine and first baggage ear plunged! into the Platte river about 2:30 Tues-I "day afternoon near Union, Colo. For several days parties have been search in?, but this morning the body has not . been recovered, and it is thought that along the banks or on the bottom of 'the ftream, or in the cab-of the loco emotive. The accident wa3 due to the bridge driving away beneath the engine after heiag weakened by the high water. The engine plunged into the stream .-and was completely submerged. The - -first baggage car remained with the ffront end under the water, being p re Tented from following the engine into -the water by the safety chains. Engineer George Fouts of Denver -and Fireman Snedeker were on the ngine when it plunged into the river. The engineer leaped into the river as the engine struck the water and at last succeeded in reaching the banks of the stream after struggling for some minutes in the water. The cries of Fireman Snedeker were lieard from the middle of the river a short time after the accident occurred. It was believed that he wa3 floating downstream on a log. Engineer Fouts was the last man to see him. The baggageman in the first car was Tescued with difficulty by the crew as the coach balanced on the edge of the stream. Two passengers in the rear oach reported slight injuries, and sev eral others suffered from minor bruises and the nervous shock. Due to fear that th rush of the waters and the weight of the engine; would drag the rest of the train into the river, the members of the crew liammered at the safety chains until they snapped, and the baggage car -was drawn into the water with the locomotive. Union Pacific train No. 11, detoured over the Burlineton. had passed over the trestle only half an hour before 1 the accident occurred, but the pilings of the structure had been weakened by therpounding of the swollen waters and gave way under the weight of the locomotive when the Burlington train followed. Fireman Snedeker leaves a wife and three children in Sterling. A cousin, Al SnedekerJs publisher of the Hol yoke, Colo., Enterprise. A sister of Snedeker's. Mrs. John Overman, lives in Alliance. Aecom , panied by her husband, she left Wednesday for the scene of the wreck. Alliance relatives believed that the; colony is located, as weu as conum body would be found in the eneine cab . intr other property of considerable when the locomotive is taken from the Tiver. The missing man is the son of . Mr. and Mrs. Clark Snedeker, former Alliance residents. Trains between Dencer and Alliance nce have been detoured by way of - Sidney and Cheyenne since the bridge went out, making them several hours late. Four spans, a total of two hun- ired ana lorty ieri -.re missing irom the bridge, whic his 568 feet long. The passengers on the wrecked train were Vrought back to Sidney and sent to Dencer via the Cheyenne rovte. A wrecker and trainload of materi als were rushed from McCook by the Burlington to the scene of the wreck. Plans Arranged for Sunday School Parade On (Mdren's Day The following arrangements for the Sunday School Children's Day Parade to be held next Sunday morning, have been announcd: Each school will convene at their respective church at 9 a. m. About ten minutes will be given to prelimin aries. Leaving the church at 9:10, marchine to the Court House block on Box Butte, arriving there at 9:15, where all schools will be under the direction of Prof. Prince for the gen eral march. All enter the line at Newberry's corner. The march will be west to 4th and Laramie, south on Laramie to First street, east on First to Box Butte, north to Tenth on Box Butte, back to the Court House at 10 o'clock. Judge Tash will deliver an address to the hundreds assembled on the south side of the Court House. The meeting will dismiss in time for the programs and services at the churches t the 11:00 o ciock nour. Mrs. Ross Shuey and baby of Stert ine. Colo., was a guest of the G. L. Griges home a few days this week. She left Wednesday evening for her new home at Effingham, Illl. Ora Phillips of Hemingford was in Alliance Wednesday on a business trip. . . WHO PAYS THE BILL? Did you know that intelligent and judicious advertising doesn't cost the man who pays the bill a cent? Well, then, who DOES pay for the advertising if the merchant himself doesn't? The unwise patron of the store that is NOT advertised are the per sons who pay for advertising. By advertising, a merchant in creases his turnovers and sells four or five times as much merchandise aa he would if he did not advertise. The real cost of selling that mer chandise is reduced with each turn over. Thus, the amount he invested In advertising comes back td him and he is enabled to do business on a closer margin of profit on each turn-over than the merchant who doesn't use advertising to increase the volume of his business. So, after all, the merchant who advertises doesn't pay for his ad vertisements, neither does his cus tomers. It's the patrons of ' the UNADVERTISED. store who pay for them. COUNTY WOULD INCREASETAXES OF BURLINGTON WANT TO INCLUDE STOCKYARDS IN ASSESSMENT Same Point Came Up Several Years Ago and Was Carried To the State Supreme Court History is repeating itself. The Box Butte county commissioners are endeavoring to secure the privilege of assisting in valuing for the county tax rolls a matter of a hundred and sixty acres or so that is now assessed by the state. The commissioners have taken the problem up to the state au thorities and State Tax Commissioner W. H. Osborne of Lincoln spent Thursday in Alliance, going over the situation and making a personal in spection of the property in dispute. - The Burlington owns some hundred and sixty acres of land consisting of its right of way and land adjacent thereto. The portion of this land that lies in the city of Alliance is assessed bv the citv authorities and pays the city levy, but that lying just outside the city limits, in Lake precinct, was not returned by the railroad in making outs its assessment schedule. The reason for not making a return on this property is that it is classed as right-of-way and depot grounds by the railway officials. Right-of-way and depot grounds are assessed by the state board on a basis of a unit value per mile, figured out by the state rail way commission. The county commissioners point out that the land in question contains the stockyards, the machine shops, the land on which the "little Mexico" value. County Assessor Pilkington discovered over five hundred tons of hay in storage on this land, as well as surplus equipment of considerable value. The commissioners and the state tax 'commissioner will endeavor to secure a ruling from the attorney ! general that will permit Box Butte county assessing some portion of tbis property. The unit rate, under which it is now assessed, is fairly high, but if the county is permitted to assess a portion of this, it will raise the reven hps somewhat. Several years ago, the Box Butte county commissioners were confronted with the same situation, nnd conclud ed that it was worth making a fight over. The case was carried to the state supreme court, which in 1916 handed down a decision favorable to the Burlington. Since that time there hn9 been no Question raised and the railroad has been allowed to turn in its property as it pleased, but this year the county officials have decided that they will attempt to collect a tax on mey win aiicmpb -v . at last a portion of this equipment " . . ... i 1 and land.-provided tne ttaxe auinor- ities give them 6unicieni encourage ment. Tax Commissioner Osborne left today for Bridgeport and Bayard, where he will assist in assessing the sugar factories. Jlne Clearance Sale of the Fashion Shop Starts Saturday A. M. Betrinnlng nromptly at 9 a. m., Sat urday, the Fashion Shop starts the ball rolling on their June clearance sale. The entire line ol spring gar ments is included in the offering, the reductions ranging from one-half to one-third off former prices. There is a biar selection of coats, suits, dresses, skirts, blouses and summer wear, and the nrices are in many instances at cost or less than cost. This offering will attract a large number of dis criminating purchasers. Advertise ment. There would be a lot more busy in dividuals if every man lived up to his own specifications. CITY EXPENSES FOR NEXT YEAR ARE ESTIMATED CITY MANAGER URGES POLICY OF STRICT ECONOMY, Technical Defect Invalidates , Water Bond Issue, But . Work to Go On. Water The city council, at its regular meet ing Thursday night at the city hall, adopted an estimate of expenses for the fiscal year 1921-22, as presented by City Manager Kemmtsh. The total amount of money required to run the eity during the twelve months is esti mated at 15,81o, as compared with $15,200 last year . and $15,000 . two years ago. This year's estimate, how ever, is actually considerably less for actual operating- expenses, the total being larger due to the fact that the cost of the city hail paving assessment is included this year. ........ The estimate of expenses, as com pared with last year, shows a number of reductions. The cost of maintain ing streets and allys is estimated at $4,000, as compared with $5,000 last year; officers' salaries, will require more money, $4,720 as compared with $3,000 last year; stationery and print ing $1,500, as compared with $1,200 last year; cemetery maintenance, $1, 000, last year no appropriation; gar bage disposal, $1,000, the same as last year; health, $1,000, no appropriation fast year; city hall paving assess ment $1,595, no. appropriation last year; miscellaneous, $1,000, as com pared wjth $5,000 last year. City Manager Kemmlsh prepared a series of tabulations for the city coun cil, showing, among other things, the estimate of the revenue from taxation. The total valuation of city property from figures furnished by the county assessor is S4,gz,hz. Mr. Kemmisn deducts from this amount the uncol- lectable 8 per cent, something that has not been done in previous years, as well as the IVt per cent collection fee for the county treasurer, which leaves a balance of $4,200,000 upon which tax revenues may be expected. A mill levy should bring in $4,200, according to these figures. The city's tax levy will be 6.8 mills for general expenses, and 6.05 mills 'will be required to establish the proper sinking funds and take care of the interest charges on the city a bonded indebtedness. The total mill lew will be 12.85. This year, the taxes are based on actual valuation in stead o$ the one-fifth system, and this means that the levy, on the old basis, would be 64.25 mills, as compared with 54 last year. The increase in city taxes i3 19 per cent. City Manager Kemmisn nas issuea the following statement concerning the expenses for the coming fiscal year: "In making up our levies for the coming year we have endeavored to economize as far as possible and still arrange to handle our bonded indebt edness in a business like way. In our appropriation this year for the general fund we have taken into consideration a nart of the city manager s salary and the item -of paving assessments for the city hall and port office. As no provision has been made for handling this paving in any other manner this burden is now added to the general fund for the next nine years. Last vear's assessment not having been provided for makes a double burden this year, me sewer maintenance fund has been used as a transfer fund (Continued on Page 12) Five Members of the St. Matthews' Vestry Ask Dixon to Resign Five members of the vestry of St. Matthews' Episcopal church, in a reso lution adopted one evening this week, have formally asked for the resigna tion of Dean J. J. Dixon as rector of this parish. The resolution states that - - - ...... . the signers believe that it is for the kAni- nt-MMr4 a W this naKien " nvt1 wbi iuicicis una quests that the resignation be made ef fective June 80. Announcement is made that the matter will be formally presented at the June meeting of the vestry, to be held Monday evening. The signatures appended are those of A. V. Gavin. L. Ii. Highland. Kuth 1. Reddish, Mrs. L. L. fciruth and i. A. Hiveley.- There are ten members in the vestry, of which Dean Dixon is one. Dean Dixon, who reported the mat ter to The Herald, states that accord ing to the law of the Episcopal church, a rector cannot be forced to resign against his will. Charges may be pre ferred under the laws for the follow ing offenses: Crime or immorality af ter conviction in the civil courts; con duct unbecoming a clergyman after being proved and passed on by a three- fourths of the standing committee of the district. Alliance i sin the west ern Nebraska district and includes such cities as Hastings, Kearney and Urand Island. Dean Dixon is at present the com mander of Alliance post No. 7, Ameri can Legion, and has a wide circle of friends inside and out of church circles who will follow developments with in terest. OIIEMUSTBE DOWN AND OUT TO BE DRUNK MERE STAGGERING HELD NOT TO BE EVIDENCE. Jury Advised That There Must be Complete Los of Mental and Physical Faculties. He Is not drunk who falls to the floor, But is able to rise and drink some more. But he is drunk who prostrate lies And is neither able to drink nor rise. Old Song. The old song expresses the idea, though not in the same words, that is contemplated by one 'supreme court decision in Nebraska which deals with the extent of liquorinir ud that is re quired to prove intoxication. This same decision, incidentally, was re sponsible for the instruction given to the jury in two . cases in district court this week, which resulted in a verdict of acquittal for John Walker and Burton Brown, both of Heminir. ford, who were found guilty on an in toxication charge in county court some weens ago, ana promptly appealed to the district court for redress. j The two Herainirford men were ar rested at a dance in Berea by Sheriff Miller, Deputy Thomas Miskimen and Chief of Polke Charles Jeffers of Al liance. The officers were called to the dance hall by the manager of the place. Three men were arrested, Wil liam Walker, who pleaded guilty to an intoxication charge in county court. and paid a fine, and Brown and Walker. j A big delegation from Heminirford ! was present for the trial, a number of women beinir amone the audience. Some eighteen witnesses were sum moned to give evidence in the two cases, ihe three officers, for, the state, testified that Walker was out in a car near the dance hall, carinir for his brother, who was under the weather, and that he stainrered oer- ceptibly when they assisted him to the sheriff's automobile. Walker's ex planation of the staB-firerinsr was that th officers handled hira roughly, and tUt if he staggered it wan because ke was being jerked around. In the case of Burton Brown, the state produced two additional wit nesses, Arthur Jones, floor manager at the dance, who testified that Brown was talking loud and otherwise dis turbing the peaceful serenity of the occasion. Walter Searles, assistant floor manager, testified that he "had told Brown that he had better get the Walker boys away. Brown's reply, he said, was that everything would be all right, as he had their bottle. Brown admitted having had one drink, but declared that was the limit of his lib ations. The officers' testimony was to the effect that the two men didn't appear to know what they were doing or say ing, that their breath was alcoholic. Mitchell and Gantz, for the defen dants, introduced a large number of witnesses, who testified that they had seen the men at the dance prior to the arrival of the officers, and that they had not made themselves conspicuous by their actions or by talking loud, and that they did not act like drunken men in any sense of the word. Two or three women testified that they had danced with the defendants, ana that they had not smelled liquor upon their breath. There was a spirited argument by the attorneys for the state and the defense. County Attorney liasye ar gued that any departure from the normal, however slight the degree, constitute intoxication within the meaning of the law. The attorneys for the defense quoted a decision in a similar case carried to the supreme court, and this decision, in effect, was embodied in Judtre W. H. V estover s instructions to the Jury. The jurors were advised that in order to convict the two men of intoxication, the ev idence must show beyond a reasonable doubt that the defendants were men tally and physically incapacitated by reason of the liquor they had con sumed. The jury brought in a verdict of acquittal in earn case. The two cases were tried Tuesday and Wed nesday. No Booze Convictions. There were five booze cases on the criminal docket for the term, and the state was out of luck in every 'single one of them. One case, the State of Nebraska vs. Kermit Wolfe, up on ap- Deal from county court, where Judire Tash found the defendant guilty, was continued over the term. The essen tial witnesses for the state happened to be out of the city when the case came ud for trial. In every other case, the jury overrode the sentence ot the county or police court. Edward Balfe was acquitted on an Instructed verdict Balfe was charged with the possession of intoxicating liquor in a place other than his dwelling. The defendant rooms at the Rodirera rooming house, and one evening a few weeks ago a booze party took place. A bottle, opened and partially consumed, was round on stand at the head of Balfe's bed. In county court, this was held to be 11 legal possession by Judge Tash. R. O, Rcfidish, attorney for Balfe on appeal to the district court, argued that the evidence did not show that the defen dant was the possessor of the bottle. Judge Westover'a decision was that both of them were on the wrong track; that Balfe was in his dwelling, as contemplated by the law, and that he was entitled to the possession of a reasonable amount of Intoxicating liquor. The jury was instructed to bring in a verdict of acquittal. The second day of the present term, the complaint against Dell Davis, rp healed from police court, where he was found guilty of illegal possession of liquor, was dismissed by Judge West over, due to the fact that the com plaint was not properly drawn and did not charge him with an offense against the law. THE WEATHER Forecast for Alliance and vicinity: Fair tonight and Saturday. Cooler to night 4 BIRTHS To Mr. and Mrs. Earl Crowe, 128 Missouri Avenue, a boy, June 5. FINGER PRINT CONFERENCEFOR ALLIANCE SOON EXPERTS FROM STATE BUREAU TO COME HERE Police Officers from Several Western Nebraska Counties Expected to Attend. Work of the newly organized finger print bureau of the state law enforce ment division will be explained to the different peace officers of the state as a series of conferences which nave been arranged by State Sheriff Gus A. Hyers. The conferences will be held at Lin coln, Norfolk, Hastings, McCook, North Platte, Sidney and Alliance. The first conference will be held in Lincoln, June 17, with representatives of twelve counties present ... Following is the announcement: Governor S. R. McKelvie announces that there will be a series of law en forcemnt meetings In different parts of the state of Nebraska, during the months, of June and July, with the different peace officials of the state, including the mayor, chiefs of police, city marshals, sheriffs and the county attorneys, H. J. Nielsen, the finger firint expert, employed by the state aw enforcement bureau, will explain in detail to the peace officers how they should Bend in the finger prints of the suspicious characters that are picked up. When possible Governor McKelvie will be present at these meetings. At torney General Davis or one of his assistants will be available at these meetings to answer any questions )Hr taining to law enforcement State Sheriff Gus A. Hyers will be at each of these meetings and will discuss wi h the peace officers, the enforcement of tne laws relative to proniuiuon nu automobile stealing. Under the new state law. the peace officers over the state are required to send in a list of all prisoners outside of those held for petty crimes, and their nnsrer print. The following meetings will be neid: Lincoln Division. Lincoln, Neb., June 17 All peace officers from the fol lowing counties will be expected to be present: Sarpy. Johnson, Cass, Otoe, Nemaha. Richardson, rawnee. uage, Saline. Lancaster, Butler and be ward. They will meet at the state headquar ters at Z04 urowneil bioctc, Lincoln, Neb., at 1 o clock n. m. Norfoir division, worroiK, iNeo., June 23 at 1 o:clock p. m. AU peace officers from the following counties will be expected to be present: Platte, Doucrlas. Dodsre. Washinrton, Colfax, Burt. Nance. Saunders, Boone, Madi son, Stanton, Cumings, Ante tpe, pierce, Wayne, Thurston, Dakota, Dix on, Cedar, Knox, Holt, Boyd, urown, Kock, Keya Paha, Cherry, Blaine, Howard. Merrick, Loup, Garfield, Val ley, Wheeler and Greeley. Hastings Division, Hastings, jNeo., June 18, at 1 o'clock p. m. All peace officers from the following counties will be expected to be present: Buffalo, Hall, Sherman, Polk, York, Hamilton, Fillmore, Jefferson, Nuckoiis, inayer, Adams, Kearney, Franklin, Clay. Webster, ITielps and Harlan MClOOK uivisiun mi'wwti ncu-i nmj 1. 1921 at 1 o.clock p. m. All the Deace officers from the following coun ties will be expected to be present: Red Willow, Gosper, Furnas, iron tier. Hitchcock. Hayes, Chase and Dundv. North Flatte division comprises tne following counties: Perkins, Keith, Ar thus, Lincoln, Lawson, aicrnerson, ix- gan and Luster. . . .... . T r 1 Kuinev division comprises tne ioi lowing counties: Scotts Bluff, Ban ner, Morrill, Kimball, Garden, Chey- pnne and Deuel. Alliance division comprises the fol lowing counties - Sheridan. Dawes, Sioux, Box Butte, Grant, Hooker and Thomas. The dates for the North Platte, Sid ney and Alliance meetings will be an nounced later. The state law en forcement bureau will 6end invitations to the various peace officers of the dif ferent countiea. . . . . ' MAMV ATTCMn THE RED CROSS ' MEETING HERE WESTERN NEBRASKA CnAPTER3i Assistant Manager-of Central Divl sion Headquarrs Present at Regional Conference Delegates representing about twww tv out of the twenty-five Red Cros chapters in western Nebraska wer in, Alliance Thursday, in attendance at the regional conference held at the AK" liance hotel. This is a better show- ing than has been made at any othep conference held in this district whicK comprises nine central states. Thjt session Degan at iu a. m. in the rrt Garden and adjourned, at 4:30 p. Various speakers during the confer, ence discussed several phases of ReoV Cross work now under way in the n-v tion nnd especially In western Ne braska. Division Manager Walte Davidson of Chicago was unab'e to b present, having been called to attend at cenference at Washington, D. C, occa sioned by the recent Pueblo flood dis-s. aster. His place was taken by the sistant division manager, R. C. Brwv ion. Mr. Branion was the chief speaker at the noon luncheon, given in th Palm Room at 12:30. He spoke on th topic, "The National Program of th American Red Cross," which involve such things as disaster relief, which, is particularly timely in view of the work which the organization is now- engaged in at Pueblo. Other national firoiects include Americanization, piun. ie health nursing and many othe. phases of health work. E. G. Laing, chairman of the exeetK tive committee of the Alliance cbaiK. ter, made the address of welcome. Miss Minnie Ahrens, director or tae nursing service for the central divK sion, gave an excellent talk on bet, work. She came to this city frora Cheyenne, where a similar meeting has been held. . Miss May Baxter, state nursing supervisor, made an eft. fective address.. Mrs. C. England ofr Broken Bow told of ex-soldier work and social rervice in Custer county. . Following the noon luncheon, cam, were provided to show the visitor about the city before the afterotv session began, and following the cio$v ing of the conference a number of the; visitors were taken to the Count, club, where they were given an oppo? tunity to try their hand at goir. The Scottsbluff clambcr of Convv merce has requested that the next r gional conference be held in that city.. The following is the list of del gates who registered at headquarter Mrs. C. England, Broken Bow. Miss Julia Rucker, Chadron. Mrs. E. H. McKelvey, Bayard. Mrs. Eva Gross, Bayard. Mrs. F. I. Feltz, Keystone. Mrs. W. H. Williams, Ainsworth. Mrs. Robert N. Hayward, Hyannj Mrs. N. G. Palmer, Valentine. -Woodruff Ball, Valentine . Miss Ennes, Gering. Mrs. C. W. Wright. Scottsbluff. Mrs. Charles Dewlin, Scottsbluff. Mrs. Girdon, Morrill. Mrs. Margaret Schuetz, Bridgeport Mrs. R. C. McConnel, Seneca. Mrs. E. K. Melmince, Bridgeport B. Schwarz, Rushville. C. E. Yauney, Hyannis. W. M. Alden, Hyannis. Mrs. Bertha E. Gordon, Chadron. Mrs. Doris Curry, Marsland. Miss Katharine Feather, OgallaJa, i F. B. Anderson, Morrill. ' C. O. Sawyer, Rushville. C. L. Mayes, Rushville. Mrs. Walter C. Nye, Ogallala. Mrs. Laura M. Kinty, Lodge Pole. . Mrs. P. C. Erickson, Brewster. Mrs. I T. Phillips, Brewster. Miss Opal Russell, J. T. Bankhursfe, Ella Beck, W. H. Johnson, Stephen J.. Epler, Zella Johnson, S. W. Thompson, Dr. H. A. Copsey, E. G. Laing, AUiv ance Automobile Racing at the Fair Grounds Following Race Meet; Arrangements have been made with! the Western Racing association, group of four husky young men rronj the vicinity oi lorrington, yo., w stage a series of automobile races m the fair grounds Saturday, June 18, Detailed announcement will be made later. There win oe several evenisv and an opportunity will be afforded to, all comers wno aesire to participate It should be a big attraction. , Fourth of July is To BeCclebrated at Fairview Vhurcl Arrangements are being made ta, hold a Fourth of July celebration at Fairview church, ten miles northeast of Alliance. There will be two b! games, a patriotic program, horse an foot races and other athletic eventi and address, a bowery dance end fireworks exhibition in the evenins. h - -