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."
