J . ;V : . 7 ' - be fMattamoutb Journal Seml-Wetkiy EIGHT PAGES Semi - Weekly EIGHT PAGES VOLUME XXVI11 PliATTSMOUTH, NEBRASKA, THURSDAY, JULY 23, 1908 NUMBER :U a ami mm John A. Hayes, Son of Pat Hayes, and His Daughter, Shot Down in Montana. As the outgrowth of a dispute over a claim to unsurveyed land near Culbert son, Montana, a mob shot and killed John A. Hayes, a son of Pat Hayes, the well known Cass county farmer, and his daughter Janet. From the Culbertson Reporter the facts are gleaned. Hayes, who had moved into that section last March, had bought a right to some un surveyed land from one of his neigh bors, and occupied the land in March, d?spite the claim of one Milo Long, who had formerly occupied the land. Dis putes had arisen between them as to who was the real owner and these cul minated on Wednesday morning, July 8, when Ixmg and his friends, after notify ing Hayes to leave the place within twenty-four hours, on the night before, descended upon them and in the melee killed Hayes and his daughter as above stated. Hayes had believed he was being bluffed by the notice, but as a measure of protection, he had asked a nuroberof his friends to help him defend the premises. The attack took place about 1:30 Wednesday morning, the attacking party being armed with shot-guns, rifles and pistols and literally perforating THE WESTERN union loses. Supreme Court Makes Ruling That Will Apply to Railroad Case. The assessment of the property of the Western Union Telegraph company in Dodge county, involving the valaution of property based on earnings, was again decided by the supreme court yesterday. On rehearing- the court adheres to its former decision that the judgment of the district court in valu ing the property in Dodge county at $40,500, or at the rate of $54 per wire mile was correct. The ruling of the supreme court is considered an import ant one because it may serve as a precedent when the question of railroad rates gets into the courts. The same principle enunciated in the case of the telegraph companies may apply in the matter of railroad valuations and earn ings and consequently with the adjust ment of rates in Nebraska. The Western Union company object ed to the finding of the district court fixing the value of its property per wire mile in Dodge connty equal to the value per wire mile of its entire system in the United States. The court holds that in assesment cases of this kind the burden of proof is on the Western Union as appellant. It holds that the net earnings of a telegraph company for one year alone is not a proper ceit erion by which to determine the actual value of the system. It holds that the income for messages sent and received in a given district is not a proper measure of the gross earnings of that part of the system within the given district, where lines within the district are used for the transmission of mes sages having neither origin nor des tination in the district. Recently a railroad attorney who appeared before the railway commission declared that rates can be based only on state bus iness, or business that originates or terminates within the state, no account being taken of business carried through the state. The attorneys said this is the ruling of the United States supreme court. Lincoln News. Spend Day Picnicking. A merry pu-nic party was had today at Patterson's pond north of the city, the party comprising Mrs. J. E. Mc Daniel and children and her guest, Miss Neff of Salina, Kas.. and Mrs. Henry Donat and family. Thev iourneyed to the pond early and enjoyed a fine basket lunch with all the arromnanvinsr pleasures of a day in tne woods. They returned to the city in the evening, having had a glorious time and thoroughly happv . Haye s' house, barn and outbuilding They had approached to within some 70 yards of the house when Hayes called them to halt and let him know whether they were friends or enemies. They replied with a volley, killing Haye al most instantly. Mrs. Hayes and her five daughters were in the house which was only a tarred paper building and one of the first shots fired went through the walls, setting fire to a box of matches which one of the girls extinguished. The youngest daughter, Janet Augusta, was greatly excited and during the fir ing raised up from the floor, receiving a death shot. She screamed and the women ran out of the shack, the little girl falling in a faint at her father's feet. She was picked up and carried into the house, dying immediately. As soon as the mob discovered they had killed someone they immediately re treated. After the battle a large num ber of various kinds of shells were dis covered, both used atid unused. A coroner's jury was impanneled and an inquest held, resulting in a verdict that the dead man and child came to their death from gunshot wounds ad ministered by Milo Long, Walter Long, Chas. B. Gamble, Geo. D. Isbell, Tucker C. Moore, John L. Johnson and others unknown. The authorities at Culbert son announce their intention of prose cuting the parties guilty of the offense. Bad .Bridges. A number of farmers have been in town the last three days and much com plaint has been heard about the con dition of the bridges over the county. One man who has had some experience with unsafe bridges and whose exper ience cost him something like $300 said that he had been to see the commission ers twice and wrote them about a bridge between his place and Nehawka. And the only satisfaction he could get was that the repairing was being done by the Nebraska Construction Company and that they had only one outfit and that was in the western part of the county, and that in the course of time it would be around. With all the re pair work that is to be done in this county why cannot the county . have a repair outfit of its own. Time to the farmer just now means a great deal especially in threshing time when he has grain to market and outfits to move. Nebraska Register. Pleasant Day in the Country. The home of William D. Wheeler south of the city, was the scene Sun day of an outing party consisting of some fourteen young ladies of this city, who had been invited by Miss Lillian Wheeler as her guests for the day. The party drove down in a large carry all, arriving shortly before dinner which had been prepared by Mrs. Wheeler. The dinner was of this good lady's excellent quality, there being spring chicken, all the fresh vegetables and fruits and in fact every thing that boun teous nature produces in the edible line, The young women took possession of the dinner and did it full justice. The afternoon was given over to various amusements such as horse back riding and the like and the party drove back to the city in the cool evening, arriving about eight o'clock. Ex-heriff Wheeler for once in his life was scared, and early took the creek for safety. Railroad Men to Organize. M. T. Wilson came into the city this morning on N . 4 to commence the or ganization of the Railroad Men's Pro tective association. To this-end he has called a meeting of the railroad men for next Wedneday night, July '22, at 8 p. m. to be held at the A. O. U. W temple. There will be a number of prominent speakers present to address the meeting and it is expected to start with a big membership. The object of the order as ann junced is to form an organization for the pur pose of protecting the railroad men of the state from unwise and fanatical legislation. It is supposed to be con fined to local legislation and have no reference to national issues. VISITING OUR RURAL FRIENDS The Journal Roustabout Meets With Many New Friends, and Hosts of Old Ones. One Wednesday of last week we spent the day in the prosperous and enter prising little city of Avoca. On the af ternoon of that day, our good friend, Louie Dunkak, than whom no better democrat ever breathed the breath of life, and a finer gentleman or better citizen lives in the county of Cass, con sented to take a trip with the writer to the neighborhood of where he owns a farm, and where he resided for many years previous to his removal to Avoca. And to say that we profited from the trip but half expresses it. Besides go ing over some of the best country that ever a bird flew over, expresses it mild ly, and such fields of wheat and wavy corn we never viewed. In the fifteen mile circuit we went, the farmers seems happy and contented with their lot, and while the most of them are remarkably well fixed they still work hard, and their abors show they are excellent farmers. In this immediate settlement the people are mostly German, with here and there an up-to-date Swede farmer. Another evidence of the money being made in this vicinity, is the improvements that are being made in their homes. Large, roomy frame buildings are rapidly tak ing the places of the low ceiling frames built many years since. Not only this but the new homes are being provided with modern improvements, such as their own heating and lighting plants and waterworks. - This part of Cass county can surely and truthfully be termed "God's countrv." And the farmers whom we visited are also among the most generous, clever and enterprising. In this section of Cass county, Louie Dunkak is extremely popular, as the number of new sub scribers on this little point would fully denote. We owe Mr. Dunkak a debt of gratitude, and we hope he may live al ways and that his good-natured coun tenance will beam as brightly a hundred years hence as it does today. A Few Hours at Manley. We put in a portion of Thursday at Manley, a nice little village, almost in the geographical center of the best county in the state of Nebraska. The town boasts of two general stores and one of the finest little bank buildings in the county, the latter being under the management of W. J. Rau, the genial cashier. For ten or twelve years Mr. Rau was station agent for the Burling ton at Louisville, and as an all-around business man, has few superiors in Ne braska for one of his age, and we feel very grateful to him for courtesies shown us during our stay. Our democratic friend, John Tighe, when we inquired about the condition of their hotel, he gave e writer to un derstand that we v.u not need a hotel while he lived in that section of the county, and immediately called up Mrs. Tighe, saying: "Col Bates is here and will be out to dinner with me." The edict had gone forth, and it was impos sible to attempt any begging off. This was our first meeting with Mrs. Tighe, her two daughters and two sons. Mrs. Tighe is one of those accomplished and good-natured ladies that one does not meet every day, and, say, that repast that we sat down to that day was sim ply immense, the table fairly groaning under the weight of the many good things prepared by the hostess and her two fine looking daughters. Mr. Tighe owns an entire section of as fine soil as there is in Cass county, and the crops now growing would indicate that it was hard to beat. After dinner and a few moments of social conversation, Mr, Tighe proposed that we take a spin in the neighborhood for a short time, and in a short time we "raked in" several new additions to the Journal, through the efforts of our good friend. And we take this opportunity of returning our most sincere thanks to Mr. and Mrs. Tighe and the boys and girls for the kindness manifested during our brief, but most enjoyable visit at their home. While in Manley we had the pleasure of making the acquaintace of Mr. and Mrs. Dr. E. D. Banghorst, who have been residents of that village but about one year. Dr. Banghorst is well liked by all, and the spirit manifested by him and the good luck he is enjoying among his patients makes him the most popu lar physician that ever located in Man ley. Mrs. Banghorst was at one time well known in this city, having been a teacher in the High school during the days of Prof. McHugh. R. Lewis departed this morning for Wendell, la., for a brief visit. Tie Csnd Concert Proposition. The band concert proposition has been tentatively settled, the committee having charge of the affair having can vassed the situation and finding that a majority of those having money in the fund, favored hiring the Citizens Band and giving a series of two or three concerts. There was considerable div ision of rentiment on the question many preferring to have the Glenwood band employed. The committee find ing that dissatisfaction would arise if an outside band was hired concluded to hire the local band and anyone who might be dissatisfied could call on John Bauer, jr. and get their money back. It will be recalled this money was collected for the purpose of lighting the streets on the night of July fourth but was not used owing to inability to get the material here in time. BAD CASE OF SOUR GRAPES Weeping Water Republican Has a Fit Over Judge Beeson's Decision. (lojisville Courier.) The decision of Judge Beeson in the Gering case at Plattsmouth does not seem to suit the Weeping Water Re publican, and a "bawl out" is the re sult. The bawl out" will not amount to a great deal, but the principle of the thing will reflect as a boomerang against the paper which seeks to place itself above- the decision of a just and discriminating court which, after re viewing the evidence, acquits the ac cused. The prosecuting attorney in this case has sought a little cheap notoriety at various times in pursuit of alleged of fenses of a minor kind, which proved in each case to be not even offenses of a minor kind. When a paper of Cass county at tempts to attack the decision of a court presided over by such a man as Judge Beeson, that attack must necessarily fall flat. If the accused was guilty of the charge preferred, it is safe to say that he would have come to his just deserts at the hands of the court handling the matter. The Republican is a great deal on the order of the "old woman," but even old women,' as a rule, know when to to keep quiet not always, but nearly always. Sometimes, you know, a "knock" is a boost. However, the "knocker" does not always know that he is boosting with his "knock." Toe chief grievance of the Republican seems to be that the mayor of Platts mouth is a democrat. It is safe to say that if the mayor should chance to be a republican, it would have been a fine thing to bring in an acquittal. The faith of the Courier is republican first, last and all the time, but the Courier does not believe in this sort of business. If we have courts, we must respect the courts that have the means at their command of weighing evidence. If the courts are not the last resorts if we have the privilege of putting per sonal prejudice ahead of the court's de cision, then what is the use to have courts? We might as well allow the personal spites of individuals to decide questions of moment and be done with it Come out of it! When Democracy Will Die. The Journal is in receipt of a letter from Harry Pein, who is employed by the Union Pacific railroad at Pine Bluff, Wyo., and encloses the following. Har ray says he is in the enjoyment of good health and has no complaint to make. When the lions eat prass like an ox. And the 8shworm swallows the whale; When the tarripins knit woolen sox. And the hare Is out run by the snail: When serpents walk upright like men. And doodle bugs travel like frotrs: When the grasshopper feeds on the hen. And feathers are found on hogs; When Thomas cats swim In the air. And elephants roost upon trees: When insects in summer are rare. And snuff never makes people sneeze; When the fish creep over dry land. v And mules on velocipedes ride: When foxes lay eggs in the sand, And women in dress take no pride: When dutehmen no longer drink beer. And girls get to preaching on time: When the billy goat huts from the rear, And treason no longer is crime: When the humming bird brays like an ass, And limburgercheese smpll like cologne; When plowshares are made out of plass, And hearts of Americans are stone: When sense grows in republican heads. And wool on the hydraulic ram: Then the democratic party will be dead. And tliis country not worth a d m. Shorthorn Bull for Sale. One good yearling shorthorn registered bull for sale. Mark Whi te, Rock Bluff OPT. U80UIS UST C3 Burlington Bridgcman Hoots With a Fatal Accident Hear Fremont Sunday Afternoon and is Drowned in the Platte River. The many friends of D. C. Woodring, the well known superintendent of bridges and buildings for the Burling ton, were shocked and horrified yester day when news was received that he had lost his life by accident at the Platte river bridge near Fremont. From accounts received it appears that the recent high water in the Platte had carried away two big steel girders of the bridge of the Burlington over that stream at Fremont, the gir ders being imbedded in the sands of the stream. To get them out two big steam derricks and a pile driver were called into service yesterday and work com menced. When the derricks raised the girders and then released their hold for a new one the girders would settle back into the sand. A long chain was fas tened to the girder, and near the river bank, connected with a two and one half inch rope on the pile driver. Sev eral times the pile driver engine pulled this rope, and once the rope parted but did no damage. Mr. Woodring was standing on 'a temporary structure thirty feet above the water, signalling the pile driver engineer, with no thought of the chain parting, when it suddenly did so, the flying ends catching him about the legs and hurling him from his footing. He fell to the water, striking the edge of the girder in his descent. Workmen standing near watched for him to come SUDDEN DEATH OF MRS. PETER RAUEtl Her Demise Came as a Great Shock to Her Relatives and Friends. Another of the old citizens of the city passed to her long rest Monday after noon, when Mrs. Peter Rauen suddenly expired at St. Joseph's hospital in Oma ha. The end was sudden and unex pected and came as a great shock to her numerous friends in this city. Mrs. Rauen has been suffering from an inflamation of the stomach and bowels, and it had been determined to have an operation performed for the. purpose of relieving her. She was taken to the Missouri Pacific train yesterday afternoon in a carriage, and at Omaha transferred to the ambulance of St. Joseph's hospital, where the operation was to have taken place. She reached the hospital alive but expired in the elevator. Those accompanying her to the hospital were her son Frank, daugh ter Rosa Hines, J. V. Egenberger, Wm. Weber and Father Bradley. Every thing possible to alleviate her sufferings was done. Mrs. Rauen was the widow of the late Peter Rauen, who departed this life but a tew months ago. She was 79 years of age and left surviving her three sons, Frank, of this city; John, of Cincinnati, O., and Rudolph, of Kansas City. Mo., and one daughter, Mrs. Rosa Hines, of this city. F. R. Guthman, of this city, was the sole surviving brother and Mrs. Kate Weckbach, of Lincoln, Neb., and Mrs. Louise Hemple, of this city, were surviving sisters. The body of Mrs. Rauen was brought to this city on the five o'clock train on the Burlington this afternoon, and funeral arrangements will be made later. Mrs. Rauen was a well known lady of this city, having a great circle of friends, all of whom have expressed the deepest regret at her passing away. Her whole life was one of beauty of soul and thought. He loss removes a loving mother and a faithful sister. During her long life she had been a communi cant of the Roman Catholic church, prominent in its affairs and had exem plified its teachings in her everyday life. Looking Much Better. Miss Helen Chapman, who went to Meadopolis, la., Saturday, returned this morning, accompanied by her sister, Miss Ruth, who had been staying with an older married sister since last May. Miss Ruth has been afflicted with the inflamatory rheumatism for many months, and her many friends will be glad to learn that her extended visit with her sister has greatly benefitted her, and that she is looking much better. to the surface, which he did face down ward, and with his hair stained with blood. He sank again and was seen no more until his body was taken from the river three-quarters of a mile below about three hours later. The accident happened at 11:15 a. rn. and the body was recovered at 2:15 p. m. The dead man had been fatally in jured by his fall upon the girder, there being a flesh wound just above the right eye and a little further back an ugly wound in the skull, believed to have been caused by striking a bolt head on the girder. The deceased was one of the com pany's oldest and most valued em ployes. He had intended to retire from the service for some time, expecting to locate in southern California. He had only recently told several fellow em ployes of his intention. Supt. Bignell. who was present at the time of the ac cident, was overcome with grief, he and Mr. Woodring having been old friends. Personally, Mr. Woodring was one of the most popular men in the service. Known the system over there is nti railroad man but expresses thu utmost regret at his untimely demise. At the Burlington depot last night all joined in expressing their feelings when, told of his end. He lived at 1107 K street, Lincoln, to which point the re mains were taken last night. Sprains His Ankle Jimmy Williams the popular hard working drives for Zuckweiler & Lutz, suffered a very painful injury just be fore noon today when he got a fall from his wagon. The accident was caused by a wheel of the wagon striking a chuck hole, the ensuing jar throwing Mr. Williams from his seat to the ground. In some manner his foot came under the wheels, one of them passing over it about the ankle, bruising and crushing it though luckily not breaking any bones. The tendons were badly torn and lacerated and the pain from the injury was intense. He pluckily drove to his home on west Pearl street and had Charles Martin, who was passing, sum mon Dr. Cummins who attended the injury making it as comfortable as pos sible. The ankle was badly swollen when he arrived and from its condition, there is little hope of Mr. Williams get ting out again for several days. Charles W. Banning Very 111. The many friends of Chas. W. Ban ning in Cass county will regret to learn that he is a very sick man, and that it is impossible for him to recover. It will be remembered that Mr. Banning removed from his farm, near Nehawka, to near Pleasanton, Nebraska, some time since where he purchased a large farm for stock raising. Charley's com plaint is cancer of the stomach, and he has been very low for several weeks. He is well known throughout Cass county and being a prominent democrat always took an active part in the bat tles of his party, and never missed a county convention during his residence here, where he was raised to manhood. The Journal hopes he may recover. , Overcome With the Heat. W. J. Schneider and wife, of Cedar Creek were in the city this morning, Mr. Schneider coming down to consult a physician. Mr. Schneider who is a nephew of Register of Deeds Schneider, was overcome by heat Sunday while playing ball, although at the time he did not feel any serious illness. Yes terday he woke up feeling much worse and concluded to consult a physician. When he arrived here this morning he was suffering from a fever with his temperature at 103. After consultation his physician ordered him to bed and he is now at the home of Henry Schnei der in this city. While quite ill no ser ious effects are anticipated. Will Loan 510,000. I have $10,000 which I wish to loan on good farm security. Write or phone Claude F. Anderson, Pacific Junction, Iowa. Call Omaha over the Independent telephone.