Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current | View Entire Issue (April 27, 1908)
t ..0 i, ' . JL Semi-Weekiv ournaL Semi - Weekly FOUR PAGES FOUR PAGES VOLUME XX VI II SPLATTSMOUTH, NEBRASKA. MOXDAY, APRIL, 27, 1908. XUMJ5EIJ IS 3 Mil K7ME OF TO W Supreme GosirS Frowns Ufson So&rte Association Practices, mi Finds Thai Sesretsry Griichfietd fias Violated SLaw An order wcs issued Friday by the supreme court enjoining Secretary Bird Critchfield and other officers of the Ne braska Lumber Dealers' association from continuing to perform acts in restraint of trade in violation of the state anti-trust laws. In an opinion written by Judge Letton the court finds Secretary Critchfield guilty of having committed unlawful acts in res traint of trade and competition and charges the officers of the association with knowledge of his acts. While a few firms proven guilty of conspiracy in their localities are enjoined the stale association is not dissolved but is per mitted to continue to perform its pro per duties. The court finds that the association itself is not an illegal or ganization, but that its secretary has violated the law. The suit was filed in the supreme court by Attorney General Norris Brown, but he soon went out of office and took no active part in the litiga tion beyond filing the case. The pros ecution and taking of testimony be fore a referee was by Attorney General Thompson, assisted by II. M. Sinclair of Kearney. The Nebraska Lumber Dealers' association comprises 700 lum ber yards and i3 said to have controlled 93 per cent of the retail trade in Ne. braska. The association reorganized January 23, 19C3 and again emended its articles of incorporation in Febru ary, 1906. The changes in its articles were for the purpose of preventing conflicts with the Junkin anti-trust law. The state alleged that its members had been violating the law and were so well trained by old methods that they did not need explicit instructions from the secretary in order to act in such a way as to drive-non-members out of busi ness and induce wholesalers not to sell to consumers or to others than "regu lar" dealers. These were dipomati cally called by the officers "unethical seed3." In giving its decision the court over ruled much of the report of referee A. M. Post, but approved that part of his report which said the purposes of the association arc not unlawful. While the officers themselves are not found to have actually participated in the acts of Secretary Critchfield, they are held to have had knowledge of his acts, and it 13 suggested by the court that the missing pages of the secretary's letter book might throw more light upon the subject. The court enjoins Moore and Hun saker, Rogers Lumber Co., Searle & Chapin Lumber Co., P. D. Smith Co., Staplehurst Lumber Co., and the Bar nett Lumber Co . As to the defendants FROM A FORMER GASS GOUHTIAH And Neighbor of Lee Ycrk and Son, Burned to Death Tuesday Evening. Osmoxd, Neb., April 22, 1903. Editor of the Journal: Well, I will tell you what happened here yesterday. We went out to plow at noon. Soon after we were in the field a little thunder storm came up, but it didn't amount to much, but it did much harm to one of my neighbors, Mr. Lee York, and his nineteen-year-old son, Earl. They were plowing in the field, ar.d after it started to rain they unhitched and went behind ?. large strav. stack with seven head of horses. The lightning struck the horses, killing five, and they dropped on the two men. The boy was covered entirely with four horsv, nr.d his father hr.d one across his lower limbs. lie was calling for help. One of the neighbors heard him, so he ran to his rescue. He found the straw stack on fire, the fire having reached the man already. He begged him to puli him cut, but he could notdo it. He got one of the horses up and went to the next neighbor but when they came back he breathed his ast and was almost burned up. It was Bowman. Kraulz Lumber Co., George A. Hoagland and Thomas Ostergaard & Co., the findings of the retcree were sustained. These firms were not mem bers of the lumber dealers' association when the suit was begun. Referee Post found that The Bar nett Lumber company of McCook, a non-defendant, had combined with the W. C. Bullard Lumber company of McCook for the regulation of prices and for a division of trade. He found that other members of the association were in competition with each other. The court lays much stress on the practice of the secretary of the associa tion in trying to stifle competition by warning wholesale dealers not to sell to non-members of the association or direct to consumers. While the court says any retail dealer has a legal right to inform a wholesaler that he will not buy from him if he does certain things, when any number of dealers by them selves or through someone hired for the purpose, do what Secretary Critchfield did, it is unlawful. The syllabus of the opinion is fol lows : 1. An agreement between retail lum- I her dealers whereby one dealer i "agrees to protect," the other by ask J ing a higher price than the other for ; the small bill of lumber submitted to both for prices, is in violation of the ! statutes. j 2. An agreement made by a number of the retail lumber dealers in a county j to sell lumber and building material j within the county at certain fixed j prices, and to de vide territory is illegal i and void, r.s in restraint of trade and j competition and will be restrained and I enjoined. j 3. Under the c'rcurnstancc-s disclosed in this case, held that the action of the ! secretary of the Nebraska lumber deal ers' association in a number of trans actions detailed in the opinion was in violation sf law as tending to prevent or preclude free competition in the sale of lumber and building material in this state and being in restraint of trade, and that, under the facts disclosed, the officers and directors of said associa tion are chargeable with knowledge of such acts. Held further that all such proceedings upon his part should be perpetually enjoined and that the de fendant association and its officers and directors, should also be perpetually en joined from doing or performing and from permitting or allowing said secre tary or his successors or any officers of said association to do or perform any such unlawful acts and from carrying on any such practices or proceedings in violation of the statutes of this state prohibiting combinations in restraint of trade. a sight to look at. It almost made me sick. We have nice weather up here, and have had it all spring. I have 145 acres I in oats, and it is all up nice. We are busy now plowing for corn. I intend to plant corn -in a week or so. We like the country fine. You may publish this if you feel like it. Yours truly, Peter Spader. Look Out fcr Counterfeit A new counterfeit S5 silver certificate (Indian head) has put in its appearance and the public is cautioned to look out for it by the secret service department of the government. The bill is of the series of 1ST?, check letter C, plate number TOO, J. W. Lyons register and Chas. II. Treat treasurer of the United States. It is a poorly executed photo mechanical production, printed on pieces of paper with with silk threads between. The seal, treasury number and large numeral are good both as to color and workmanship. The Indian head por trait is very poor, as is the lathe work on the face of the note, the lines being broken and disconnected. The color of the back approximates closely that of the genuine. But little attempt has been made to imitate the fine lines and scroll work. Normal Training Work . Satisfactory. J. A. Downey, the inspector of the normal training instruction in the pub lic schools, who has been in the city making an inspection of the work done at this place, departed this morning for Ashland, where he will inspect the work being done at that point. In conversa tion with a reporter for this paper, this morning, he said that the work being done by the class at this place was sat isfactory, and they are making fair progress. i try: t a wv n m n c a The S'lovstTcsnt or Claims fhe Principal Business. Board met pursuant to adjournment, on Tuesday, April 21, with all members present. Minutes of previous meeting read and approved, when the following business was transacted in regular form: J. W. Johnson, commissioner ap pointed on the 4th day of April, 1908, to view a proposed road commencing at the southwest corner of the southeast quarter of section 1 11-12, east of sixth principal meridian, running thence north fcr one mile, to be located on the half section line. Report unfavorable. A protest signed by John McKay and fifty-nine others against the proposed widening of the public road from twenty-five to forty feet, commencing on the west side of section G-10-10 was filed. Bids were received for the furnishing of four records for Cass county from the Reese Publishing company, Omaha Printing company, and the XIopp, Bart lett company. Claims allowed on general fund: Neb. Telephone, rent and bill. . ?5 10 Ilatt & Son, mdse to poor 2 CO C. R. Jordan, salary and ex 24 50 L. D. Switzer, same 28 00 M' L. Freidrieh, same 16 20 Klopp, Bartlett Co., supplies .. 228 16 Platts. Water Co., water rent. 23 30 J. W. Johnson, viewing road... 5 00 C. Heisel, flour to poor farm. . . 5 10 Geo. Olive, printing bar docket and court proceedings 21 20 J. H. Tarns, C3 quarts of fruit to the poor farm L. Schutz, repairs to plow. . . . ....... G 30 12 CO W. E. Rosencrr.ns, recording official bonds 7 50 J. II. Donnelly, work in asses sor's office 45 00 Road fund: Robert Viall, work No. 12 15 53 J. L. Youns", work No. 9 3 00 Frank Rouse, work No. 5 . . . . 3G 87 Geo. H. Jackman, work No. 3. . 95 35 C. M. Seybert, work No. 9 13 50 Bridge fund: Neb. Construction Co., bridge work 2,000 00 Board adjourned to meet May 5, 1808. W. E. RoSencrans, County Clerk. Buys New Engine. River navigation in Plattsmouth is growing every day, the latest being the purchase of a new 5-horse power Roberts' marine engine, by Eric Back strom and Eric Manstedt for their new gasoline launch, the "Viking." The engine is a beauty and when installed in the boat will doubtless furnish many a days' enjoyment and pleasure. The engine was purchased through Emil J. Weyrich, who is local agent for the Roberts qjigine company. Depart for California. Mrs. C. A. Rawls, Mrs. T. II. Pol lock and daughter, Ellen, D. C. Mor gan, wife and daughter, Gertrude, de parted on the fast mail for Lincoln, where they will join the excursion for California, and were accompanied as far as the capitol city by T. H. Pollock. We rather think that Mr. Pollock would have liked to go too, if he could get away from the business which keeps him so busy. Another Democratic Voter We had noticed the James Rebal, the broomaker (and assessor for the Fourth and First wards) was look ing psrticular ly well pleased for the past week, and thinking, as times was a trifle close, he was rejoicing over a good position with, the county assessor. But we find that he has much more to be thankful for, as another boy was added to his house hold last Saturday. The little fellow and mother both doing well. "Big Dili" Off Track. This morning engine No. 311C, known as "Big Bill," got off the track in the local yards, by crawling the rail at the switch. The guard rails were torn up, although the track proper was not much disturbed. It required but an hour to get the big fellow on again. REMINISCENCE OF EARLY DAYS Second Democratic Candiuate for Governor of Nebraska. Mrs. James R. Porter of Haigler, Neb., is in the city, the guest of her old friend, Mrs. Harriet A. Sharp. Mrs. Porter is the wife of Hon. James R. Porter, who for many years was a res dent of Cass county. He was, during territorial days, largely engaged in freighting to Denver and other freight ing points. He was also one of the or ganizers of the territorial democracy and a leader of the party in Cass county. He also has the distinction of being the second democratic candidate for gover nor of Nebraska under state organiza tion, being nominated in a convention at Omaha in the summer of 18G8. He ran against David Butler, the republi can candidate who was running for his second term. The late Andrew J. Pop pleton was the democratic candidate for congress, and John Taff, the republican. It was at the election in 18G8 that Ne braska voters had their first opportun ity to vote for president. The demo crats voted for Horatio Seymour for president and Frank P. Blair for vice president, while the republicans sup ported General U. S. Grant for presi dent and Schuyler Colfax vice president. The delegates from Cass county to the convention atOrrrdia did not then travel by rail. There were no railroads in Nebraska then, but the delegates took a steamer at the foot of Main street, upon which they traveled to Omaha, when they nominated James R. Porter, the second democratic candidate for governor of Nebraska under state gov ernment. Three of those delegates still live in Platsmouth: Conrad Schlater, J. N. Wise and Basil S. Ramsey. Gov ernor Porter, as he is called by many, lives at Haigler, Neb. at the age of 82. The Vlaking of a Getter Town A. S. Will is having cement walks placed in front of his residence, and in the lot leading to the house, which will make it a very conventient improvement when completed. H. C. McMaken and Sons are doing the work. The residence of Mr. Will, under his management and direction, with the added touches of the workmen, is assuming the proportions and nearing the perfections of an ideal home. From the old house which had served as a residence for many years which stood in its place, to the hand some residence which now graces the place, the change has been great and to the betterment of that portion of the city. The clearing away of the old mill will add much to the appearance cf the neighborhood. Returned From Osmond. J. C. York returned Saturday from Osmond, where he was called by the death of his brother, Lee York and nephew, Earl, who were killed by light ning in a storm during the fore part of the week. Mr. York says there was a funeral procession over a mile long, and that everybody deeply sympathized with the friends in their loss. He passed through the district which was visited by the cyclone, and says the papers do not fully describe the conditions. When returning he came through Plainview, where he saw Hans Goos and Fred Eb inger, both of whom were doing well. Burglars at C. A. Marshall's. Burglars entered the residence of Dr. C. A. Marshall also, Wednesday night, and secured about two dollars in money, which was in a shopping bag, which had been left lying on a table. Entrance was gained by the rear door, which was not locked. They carried out a few pair of the boy's pants which were left outside. Mrs. E. E. Eaton, wrho lives next door, heard someone on the walk and saw the flashes of a flash-light, but did not awaken Mr. Eaton, who was asleep, and thought nothing more of it until her attention was called to the matter later. The person walking on the walk was heard just after 2 o'clock. tZrs. Josclyn's Father Dies. W. Jcselyn departed Saturday for Missouri Valley, la., called there by the death of Mrs. Joselyn's father, Mr. A. R. LeGrow, at the age of 70 years. Mrs. Jcselyn has been with her father for the past week, nursing and caring for him, and ministering to his wants until the last. Mrs. Joselyn is the only child of her father by his first wife, who died a number of years since, he having married ag Ir. LeGrowhas made his home at Missouri Valley for the past twenty-six years. The cause of death was the hardening of the ar teries, of which he has been afflicted for seme time. hot ahd Tornado Tears Through Thurston Gounlp, 0o ing Great Baraga fonjf Injured ami SeverzS Killed A special from Pender Nebraska, under date of April 23, says: A destructive tornado averaging about thirty rods in width struck the farm of Richard Wacker, six miles southwest of here about 12:30 today, completely wrecking the house, carry ing with it seven members of the fam ily and the hired man, who was the only one seriously injured A very large barn was also wrecked besides other buildings. Baby Killed. Others Hurt. A rnile north at the home of Emil Magnuson, his wife and two small children and the aged mother of Mag nuson were eating dinner. The house was lifted into the arc and strewn all over the farm. The one-year-old child was killed, the aged mother was picked up a quarter of a mile away among the debris almost lifeless. She will die. Other members of the family were bruised almost beyond recognition. One mile further the home of John Glover was demolished, all but the house, which was badly damaged. The barn was taken up and some of the house was found a half mile away. On the next farm was Henry Grissman, where two large barns were completely wrecked and blown away, mowing his grove down as if by a sickle. House Torn in Fragments. Following in its path was the farm of Henry Semar, where lived his ren ter, Henry Schaefer. Here the house was torn into fragments, hardly apiece lefe whole. The barn and cribs wore An impoi tant suit was tried in the district court of Lancaster county Thursday, the result of which may prove cf some interest to lumber deal ers in the vicinity. The Lincoln News, in speaking of same says: "District Judge Frost yesterday entered judg ment for $297.40 in favor of the plain tiff in the case of the Dierks Lumber company vs. the Missouri Pacific Rail way company. The finding of the court in this case establishes the rule, as far as it may be established by a district court, that a sum paid by a railroad company to a shipper for unloading his freight and hauling it to his place of business in wagons, in lieu of having the cars switched to that place of busi ness by another road, is not a rebate and is not in violation of law. The Missouri Pacific hauled a great deal of lumber from the south for the Dierks company and formerly paid the Burling ton for switching the cars from the Missouri Pacific tracks to the Dierks yard. Later an arrangement was made whereby the lumber people were to un load the cars without switching, receiv ing an allowance of 85 per car for the unloading and hauling. When the Dierks company presented its bill, how ever, the railway company objected to paying, fearing, as was said that the allowance might be considered a rebate and therefore unlawful. Judge Frost finds that the arrangement was a per fectly legitimate one and gives the plaintiff judgment for the amount claim ed with interest. ' ' Professor Gaines Talks. At the regular meeting of the city teachers Friday, Mr. N. W. Gaines addressed them, taking for his subject "New Wine in New Bottles." He ap plied the terms to human life, placing especial emphasis upon youth. Mr. Gaines is a young man who bf lievesthat life is worth living, and who is a be liever the boys and girls. His pica for the youth was most excellent. Super intendent Gamble secured Mr. Gaines for this meeting, believing that the teachers would catch some of the spirit of the enthusiasm of the speaker. The address was well received by those present. A fractious horse which someone had left tied at the comer, near Wurl's store this morning, becoming restless, overturned the buggy, and broke the harness, causing a gcod deal of repairs to be made. i ESTESHC- all swept away, killing several horses and other stock. Crossing the railroad on its northeasterly direction, the storm paster Pender on the east, hardly a quarter of a mile. It wrecked the home of Dan James on the reservu tion. Further along the house and 1 am of Jacob Karsp was completely :;wcpt away. One-half mile further was Glaus Swanson, whose house and other build ings were also wrecked. The next w::s William Kelly, whose fine house and barn was taken up the bottom. Further over to the north was the house of Albert Nash, cast of tin.' vi!ige of Thurston. His buildings were ::ls' swept away, where the whining billows spent their force. A farm hand v.-;:." brought h-?Te from the Clans Swanson home seriously in jured. Other member;; of the f::mily are also badly hurt. Physicians Ali Busy. All the physicians are out attending to the wounded and at this time it is diificult to forecast the fatal result:'. This monster of the air passed about the noon hour. Hundreds of people rushed to the cellars and other place:-: of safety, large and small, piles of debris were falling out of the upper currents of air over the town. From the dipping points of the tornado to where it spent its force every vestige of vegetation or buildings in its path was wrecked or ruined. A dictate of ten miles, the growing grain ::i taken up. The damage to buildings rr.: stock will exceed .?3J,0'Ki. fVTl !r?!?r VZF7, i." :-:: AfflUVERSflRY The rfeighhers ov -Ire. ftioi Sulssr, With Well Da?-:ofs, Surpr Friday being the first annivcr;a y of the wedding of Mr. and Mrs. Mat Sulser, a number of their neighbors and friends gathered together and swooped down upon Mrs. Sulser with well filled baskets and an abundance of i hearty good cheer, and while the men folks were busily engaged with the putting in cf the crops, made merry the date of her marriage. Social con versation and a most enjoyable time was had, reinforced by the contents of the .baskets, which were well-filled and which the friends had brought along. Presents, indicating the friendship for their neighbor and friend were given. In time to get home that the evening meal might by prepared they departed wishing their friends the enjoyment of many such occasions. Gees to the Philippines. Daniel Bestor, who is engaged in the signal service in the U. S. army, located at Fort Omaha, came in Friday evening and is visiting with his parents, Mr. and Mrs. Herman Bestor, over Sunday. Mr. Bestor will sail for the Philippines on the 5th of May from San Francisco, where he wih serve in the signal corps. He had an opportunity to go to Alaska, but preferred going to the Philippines, and asked for and obtained a transfer. The trip will require the staying there for about two years. Dan will depart for San Francisco on April 30th, which will allow time for the connections with the vessel which sails on the 5th cf May from that place. dding ct Hchawka j A special from Nehawka, under date' ; of yesterday, says: "Mi:;s Jorc-jhinc i Pollard and Mr. Anton St. John were ! married today at the home of the bride's i parents, Mr. and Mrs. II. M. Pollard of ! this place, Rev. Samuel Kiscr ofiiciat- ! ing. Only intimate friends and relatives were present. The bride is a cousin of Congressman Pollard and Governor Sheldon. After a short wedding trip they will be at home on their farm near here."