-tteMoutlb Journal
SKMI-WKKKIA KDITION-FOUK PACKS
VOLUME XX VI 11
PLATTSMOUTlLNElUtASKA. MONDAY, DKCISMHEU 21, 1JH)S
numhkh r.o
pa
THE EKECUTTOE
BiJOTTIE 0EETC
The Nebraska Telephone Association Hold Two
Sessions ai the Slate Capital Thursday,
The Lincoln Journal says that the j
executive committee of the Nebraska
State Telephone association met in '
that city Thursday to take up the mat
ter of holding a series of meetings of
the association in this city Jan. Ill,
14, 15. Two meetings were held yes
terday, one in the afternoon at the
office of K. E. Mattison, and the oth
er at the secretary's room at the
Commercial Club. Those attending
the meetings were C. (1. Oaiiow of
Columbus, W. 11. Canian of Beatrice,
V. E. Bell of York, T. II. Pollock of
Plattsmouth, F. II. Woods, L. E.
Hurtz and R. E. Mattison of Lin
coln. At the afternoon session of the
committee the business taken J up
was the matter of where the associa
tion meetings should be held. Some
agitation was felt to have the meet
ing at Omaha but as all previous
meetings of the associations have
been held in Lincoln It was finally
agreed to hold the meeting this year
In this city, it was in a way agreed
that the meeting of the association
next year should be held in Omaha.
Last night the committee was
busied with matters of concern to
telephone people, which are to be
brought before the meeting of the
association in January and also to
be presented to the legislature at
the coming Bession. The committee
was considering the arrangements
of the program to be held at the com
CAIi CAST THE
DECIDING VOTE
The Mayor Can Do So on the Ques
tion of Liquor Licenses.
The right of a mayor In a city or
ganization under the law which the
municipality of Hastings operates has
the right to cast the deciding vote
when the council ties on the question
of issuing liquor licenses. So says
the supreme court.
'Last spring Hastings had a very
exciting time of Jt with the liquor
question. One "dry" council who
thought he was elected was knocked
out by. county court, and this made
a tie In the council; which the mayor
btoke by voting to Issue licenses. IT.
S. Rohrer, went Into : court about
the matter, and the case came up to
the supreme vourt on two queKtlonj;
One Involving the right of the mayor
to vote under the circumstances de
scribed. The other was whether a
corporation could sell liquor in Ne
braska. On the latter proposition the
supreme court holds that a corpora
tion can sell at wholesale, but not
at retail.
' In the eouncilmanic scrap between
Gauvereau and Van Patten, the latter
wins. He got most of the ballots at
the election, but some 87 of those vot
ing for him In the second ward wrote
on their ballots the name of U. S.
Rohrer for mayor, when such an of
fice was not to be filled under the
call, but which some lawyers thought
ought to be included. These were
thrown out by the county court, on
thn round thnt thev upri marked
contrary to the law.
The supreme court says that the
county court was In error. The in
structions to voters In this respect are
directory only.' Therefore a vote for
someone for an office not designated
on thn official ballot, by writing the
name of the office which the voter
wants a man to fill does not make the
vote valid unless It Is done to dis
tinguish It for recognition after-
wards or where It might reasonably
be thought to be so Intended.
Another Burlington Promotion.
A special from McCook, under date
of December 17, says: "Conductor
George II. Pearce, of this city, has
been appointed trainmaster at Mc
Cook, succeeding W. M. Wcldcn
hammer. appointed superintendent
at Sterling, Col., for tho Burlington."
Fine stationery In Xrass box",.. -Irwin's.
ing meeting and It Is thought by the
members that a number of eastern
telephone men will be secured to dis
cuss matters of legislation before
till? association.
The chief legislative matter which
the telephone people will have under
discussion is the proposed physical
connection bill. Mr. i'ollock of the
Plattsmouth company In discussing
this matter last night said lie was
not certain to the stand the Inde
pendent people would take In the
discussion. He. said he believed the
Hell people would oppose the bill and
he was not sure that the Independent
people would not do the same. The
physical connection system Is a plan
which provides for mutual exchange
of service between the Hell and Inde
pendent companies, so that If it
should become a law the patrons of
one company would have the benefit
of the lines of the other company.
"The physical connection matter
is a sort of a two edged sword," said
Mr. I'ollock last night, "and I am not
sure that the advantages are equal
to the disadvantages. To be sure
there would be many times that our
service would be made better by it
but there would also be times when
It would be greatly Interfered with."
Mr. Pollock was rather of the opin
ion at the show down the proposi
tion would be opposed by both companies.
Kcnicinlicr the Carrier.
The rural route carriers make the
following request. Winter is now
here and the carrier is wrapped In
bis blanket and mittens, trying to
keep warm. When lie suddenly
comes up to a box with a letter or
post card lying on the bottom with
two or three pennies loose, then the
mail man feels like swearing (but of
course he does not) and has to pull
off gloves and dig for them. We car
riers would do anything in our power
for the patrons, and now we want
you to please purchase stamps or bet
ter yet, buy a bunch of stamped en
velopes , that is the cheapest and
best way In the long run. Then put
your mail where we can get It with
out taking our gloves off or getting
off our seat. Some of your boxes
are too high and some are too low
four feet is Just about right, and, the
(found f,tuuld be atouv level oi the
side next to the box a little the low
est ho when it Is frozen or a little
snow on the ground the wagon
won't slide away so we can't reach
the box. If you are one of these put
yourself In the carrier's place and
see hoW quick you change matters.
Nebraska City News.
Confined at Home.
The Journal regrets to learn that
Its old friend, Herman Beator, Is con
fined to his home In this city, seri
ously afflicted with rheumatism. Mr.
Beator has been afflicted for some
time, but able to get around most
of the time. His many friends
throughout Cass county will also re
gret to learn of his affliction. We
hope for his speedy recovery and
that his familiar face may be seen
upon the streets again, soon.
Many Change Since Leaving.
From Hntunlav'ii Imllv.
Charles Voss, of Homer, N'eb., a
former resident of this city, came In
yesterday and spent the evening vis
iting with old friends. Mr. Voss
left the city in 1 S 7 ! and he noted a
great many changes the thirty years
has brought about. He found that
many of his old friends had passed to
to the Great Beyond and others had
moved away while the material
changes in the city and locality had
been very great. Mr. Voss departed
this morning for his home going on
the early morning train.
Good Farm for Ksle.
120 acres of good land within three
miles of Union, two sets of improve
ments. Trefer to sell altogether, but
might sell one forty alone. Inquire
of Cbas. L. Graves, Union, Neb.
Only Hint Survive.
From Prldny's I 'ally.
Thomas Wiles was one of the pas
sengers this morning for Omaha
where he Intends to take in the corn
show. While waiting for the train
this morning Mr. Wiles happened to
notice AI O'Neill ut bis work grading
for the under grade crossing for
the Burlington and this recalled the
fact that Mr. O'Neill, his sister Mrs.
Win. Ilerold. and Mr. Wiles were
the three survivors of the Mist school
ever held In Cass county, It being
located on what Is now the Bajeck
property In the western part of the
city. Mr. Wiles tame to this city
In 1N.VI, and was one of the earliest
settlers of the county. He knows
much Interesting history of early
Nebraska which later the Journal
hopes to print.
BLACKMAIL LAW IS
UNCONSTITUTIONAL
So Declares the Supreme Court in the
Matter of Lester vs. Green.
Klein I'rlilav'H I 'ally.
Robert J. Greene, a well known
Lincoln attorney, convicted and lined
$200 some time ago on n charge of
having extorted money from Clyde
Lester, a saloon keeper, won his case
in supreme court yesterday. That
tribunal held that the law making
extortion and blackmail a crime, Is
unconstitutional In that it seeks to
restrict the law by defining It as n
crime when only committed against
citizens of the state. It therefore re
versed the lower court and ordered
the defendant discharged.
This holding knocks out the black
mail law as it Is now upon the stat
utes. The law makes It a crime only
when the alleged victim Is a citizen
of Nebraska. The court, says this
Is special legislation. The fact that
In the Greene case the victim, Lester,
was and is a resident of the state,
the court holds, makes no difference,
as the vice In the legislation con
sists in the discrimination It exer
cises between persons.
The court says the state cannot
limit the protection of its criminal
laws to those who are its citizens and
deny the protection to those who are
citizens of the ('lilted Slates but who
may he within its jurisdiction.
Mr. Greene's case was a bard fought
one. He was accused In an indict
ment rendered by the grand Jury of
having made Lester pay him $l.r0
In consideration of his not taking
steps to Interfere in his getting a
license to sell liquors. The principal
points relied upon by the defense
were that the evidence failed to show
that any crime had been committed
and that the defendant had once be
fore then been put In Jeopardy be
causo after the trial had partly pro
ceeded a Juror took sick and the case
had to be tried to a new Jury. The
supreme court does not pass on any
point other than as above, and sum
marizes Its conclusion In the follow
ing syllabus:
"Section 3 of the act of March 30.
1901, of the constitution of the state
of Nebraska which forbids special
legislation; as well as section. 1 for
the fourteenth amendment of tho
constitution of the United States,
which forbids a state to deny to any
person of the United States within its
Jurisdiction, the equal protection of
the laws, in that the acts thereby
prohibited are made oz)y when com
mitted against citizens or residents
of the state of Nebraska.
"The rule that a court will not
listen to an objection to the constitu
tionality of a law by a party whose
right it does not affect, is Inappli
cable to a case where the vice of the
law consists In an unwarranted dis
crimination between the Individuals
against whom the aggression thereby
forbidden Is committed."
Condition Not So Good.
from Saturday's Dully.
The many friends of Mr. Joseph
McCarthy will be sorry to learn that
his condition is not so good. A few-
days since he wns able to be out of
the house and got down town where
he spent the afternoon, on his r
turn the attending physicians order
ed him to bed and placed him upon
a light diet. Another operation will
have to be performed In his case and
It Is not sure that the sight of his
left eye ran be saved although they
hope to do so. Mr. McCarthy In his
misfortune receives the entire sym
pathy of the rommunlty and the unl
vernal hope that he may find the
sight of both his eye unimpaired
when be gets out.
KoMhmI In Nebraska City.
A special from Nebraska City un
der date of December 17, says:
'Ora Schoonover was arrested Wed
nesday on a warrant sworn out by
James Lane, of Nebawka, (barging
him with taking $;() belonging to
hi in from his person while he was
muter the Influence of liquor.
Schoonover Is In jail, and his cave
will come up for bearing Friday, but
not being able to give the jr.OO bail
the court remanded the prisoner to
Jail. The prisoner Is a brother of
the former chief of police.
PIONEER DAYS
IN NEBRASKA
Mrs. Faitficld Tells of Some of the
Trying Times in Earlier Days.
Ki em Sal urilav 's hnilv .
Mrs. George V. Fairfield, a resi
dent of Omaha since April is.Mi,
one of Omaha's first settlers, cele
brated her S I st birthday Thursday
at the home of her son-in-law, (i. ('.
Til her, L' I (I I A tiles avenue.
Although her home for the present
Is at Plaltsmouth, Mrs. Fairfield has
lived In Omaha at different times for
the past fifty-two years. Her hus
band, who died in t hut city four
years ago, was a well known civil
engineer, having surveyed the Bur
lington and Missouri river line of
the Burlington from Platlsnionth to
Omaha.
Mr. Fairfield died Just nine days
before the. date Ht for the couple's
golden wedding anniversary celebra
tion. Mrs. Fairfield remembers well the
early days In Omaha, and derives a
great sense of satisfaction in re
lating Incidents of that time. Mrs.
Fairfield has three children. The
oldest son, Joseph, lives in Goring,
Neb., and her one daughter, Mrs.
Taber, lives at -'T'Mi Cuming.
In speaking of the early days Mrs.
Fairfield says: "It was a common
occurrence for the wives of the
frontiersmen to say to their hus
bands in the morning. "Here Is your
breakfast, Tom, the Lord only knows
where your dinner will come from.'
in the early days it was a common
thing for the people when at church
on Sunday, when the steamboat's
whistle was beard during the ser
mon, to run down the street to the
river bank to meet it. After spend
ing a few days without bread, It was
no wonder that they were overjoyed
to know that the boat was filled
with sacks of flour." As to the
Indian uprisings during that time
Mrs. Fairfield says: The only one
that I can call to mind Is the one in
the early '60s when the Indians
drove all the settlers out of the Salt
Creek district and they all came to
Plattsmouth for protection. We made
beds all over the floors, but It was
only a scare and they went back in
a couple of days.'
Seven years ago Mrs. Fairfield be
came totally blind, and was so for
four years, until a cataract was re
moved from each eye. Since that
time she has been able to see very
well. World Herald.
Conrad Schlater, the veteran set
tler, recalls quite distinctly the inci
dent spoken of by Mrs. Fairfield
when the people quit the church to
rush to the river to meet a boat
loaded with flour. The edifice In
question was the Methodist church
standing upon upper Main street.
The services were going on on Sunday
morning . when the steam boat
whistled and the people who had
been without bread for some time,
made a grand rush for the river's
bank, leaving Rer. Jates, the minis
ter, to address the empty pews. Mr.
Schlater also makes quite an Inter
esting mine of information of early
days.
Grand Ball at Murray.
George Berger has notices out an
nouncing that on Friday evening, De
cember 2i (Christmas night) he will
give a grand ball at Jenkins' hall at
Murray. Those who have attended
dances given by this gentleman know
that he always has the best of every
thing to make such occasions a grand
success. The best of music has been
engaged for tho occasion, and noth
ing will he left undone to make this
one of the best dances ever given in
Murray, and those who fall to attend
this Christmas ball will miss some
thing grand. Everybody come, as a
good time Is assured.
Box Social.
And entertainment at tho Becker
school bouse on next Wednosday
evening, December 23. You are In
vited to attend.
AfJOTBP
PASSES
Brief Biography of James A. While, One of the
Best Known Citizens in Southeast Nebraska.
From Sm t ii I 'In v'n I ii ily.
lames A. White was horn in Albe
marle County, Yn., Augini "!,
and died at bis home in Klmwooil on
Weil lie: day morning, December -. of
kidney trouble, aged ?! j ears, ,'l
months and .'! das. Mr. W hile has
lc n an ln alid for the pnsi four
veins, and his death was not unex
pected as he hail bee gradually grow
ing worse for the past few months.
When a ) g man Mr. While
spent seven years touching school,
as he had a good education. Liter
he gave his attention to farming and
became an overseer, lie bought some
land, hut shortly after sold It again,
retaining his poslilou until he went
into the confederate army enlisting
In the year I St'. I. The first year he
served In Wise's Legion; the second
year lie was one of Company F, Huh
Virginia cavalry, and served under .1.
S. Davis. He took pint in the Cana
wale Valley skirmishes, was at LI'Me
Sewall mountains against Itosen
crans; In IS2 was at the battle of
Yorktown and Williamsburg, and
took put in all the battles or the
Army if the Potomac and Virginia,
lie w.ih wounded at the hull I" of
.liilesmirg, being shot In tl.e upper
part of the arm, the shot gotn,', com
pletely through It. Although he was
laid up only one month lie iih un
fitted for cavalry service and until
the dose of the war .discharged the
duties of quartermaster. . w;,:i h.it
fl"een miles from (ienera1 Lee when
(lie order came to disband, when he
returned to his home. Three ye,'il
inter he removed to Nehr.iska arch
ing at Nebraska City, Noveiubt r lis.
Slay ( 'nines o 'lose,
Klein Kililiiv's Dully.
Kd.. Barker departed this noon
on the mall train for his liome at
Plalnvlew. Dining his brief slay
in the city Mr. Barker met many old
friends and when he left he enrolled
In the long list of subsi riliers to
the Semi-Weekly Journal. Kvcry-
body who knows Kd. Barker knows
him as a genial whole-souled fellow,
a man whom everybody can admire
and respect and It Is to be regretted
that he visits this city so seldom. It
is hoped that he can soon return and
that he can bring Mrs. Barker and
the little ones with him and enjoy
a genuine visit with home folks. Mr.
Barker would have departed for home
earlier had It not been for the un
timely demise of William W. Slater,
one of his closest and most Intimate
friends. Business matters com
pelled his return before the funeral
although he greatly regretted the
necessity of leaving.
Huh Icg Broken.
From Saturday's Dally.
Judge M. Archer today was In
receipt of a letter from Mrs. Will
Archer, his son's wife conveying the
Information that his son Will has
suffered the misfortune of having his
leg broken last Sunday and was con
fined to bis bed. It seems Mr. Archer
had been to Alliance, his nearest
town, to look after some business
and was returning home on horse
back when his animal tripped and
fell to the ground, throwing Mr.
Archer and fracturing his leg. A
physician was hurriedly summoned
from Alliance and he set the leg. The
young man Is resting quite well now
and there Is every reason to believe
that he will get along all right. Mr
Archer took up a homestead under
tho Kinkaid act some twenty miles
south of Alliance and has been doing
finely during his stay there. He was
formrly a machinist In the employ
of the Burlington at this city and
other points.
Charles Rogue and son Kdwnrd, of
North Platte, Neb., who have been
visiting In the city the guests of Sam
Smith and family, departed on the
mall train for Omaha where they will
take In the corn show after which
they will return to their home. 8.
Ray Smith accompanied them intend
Ing to make a visit with relatives and
friends at Grand Island, North
Platte and Halloway, Neb.
I0HB
ABAY
Deceased was mauled again April
I -. I s'.iii. at Cro'.oll, Va, In Mis. S.
M. Dettor, who survives him, and
who has been a helpmeet indeed u r
In" her husband's long Illness.
Mr. While wns a genial, wholo
!'"uled m;in, wllh a kind word for
every i he in. i, unit uiways re
ferred io as "I'm I, Jimmy" was
loved In nil. ,. was a member of
Hie A F. & A. M. lodge of Klmwooil,
and was buried by ih;ii order at Pal
my ra. the sei v i, , ., being held ;il t In'
Baptist i hur b, of w hli h society he
has been a i,,i mber since he was 1 1!
years of age The sermon was
preached by (ev. Mr. Kersey, the
pastor at Palmyra Klmwooil Len.i-or-Keho.
ISliS, where lie I'l-malneil about it
year when he went to liu.s.el! pre
cinct, In Otoe county, Where he lioino
steaded eighty acres of prairie land
After years of hard labor be ha I a
veil Improved and vnlualii farm,
l,,';iii", endured all the ha"ib-l,in of
it hmeer life. In I SK.'I he engage I
III the groci i y business at Palmyra in
company wlih I. N. Foster; not lik
ing this business as he thought lie
would he returned to the fat in, where
he remained until a few years ago
when lie removed to Klmwooil. On
October '1 L', IS.'.n, Mr. Whit.' was
married In Virginia to Mildred A.
Hill. Mrs. While died January 1! I ,
IKMi. To this union seven children
were born, live of whom are living;
j James A., and K. K., of Palmyra,
Neb., W. II., of Portland, Ore., .Mrs.
i A. S. Chambei laine, North Platte.
! Neb, and Mrs. Sarah L. Turnbnll, of
Lincoln.
Thiily-Thiiil Wedding Ai.iiIm I -ny.
I'm in Satin. Iiiv'h Daily.
Wednesday, Dei ember lill'l, was a
day long to be remembered by .Mr.
and Mrs. S. Dullish of Wabash.
About two o'clock on Hie above date
a party of some eight or ten gentle
men, backed by two score of ladles,
entered the drug store, capture I
Steve, and placed him at the head;
the column marched to his residence
where Mrs. Ilulflsh was found deep
In her duties of the culinary depart
ment. So great was their surprise
at the arrival of their friends that It
took some time to bring to mind that
It was tho thirty-third anniversary of
their marriage, which took place De
cember 2, 187.1, In Oweiisvllle, Ind.
After the Introductory services at the
house were over Mr. and Mrs. Ilul
flsh were notified that the M. W. A.
hall and a host of friends with a
grand wedding feast were awaiting
them. The hall had been decorated
for the occasion by kind friends sev
eral days in advance, and everything
was in readiness upon their arrival.
After some time spent in reminls
ewes, followed by music the feast
began. It was a brilliant reminder
of the fact that the ladles of that lo
cality do things the way that mother
did them. After everybody had eat
en all they could and then some, Mr.
II. T. Richards presented the couple,
in behalf of their many friends, a
substantial present to commemo
rate the eventful occasion. Mr. and
Mrs. Ilulflsh replied in an appropri
ate manner and with the best wish
es of their many friends for many
successive periods of like occasions
the company adjourned. F.lmwood
Leader-Kcho.
An IndiMrloiiH Slock Kaiser.
From SM nr. In y Daily.
Dave L. Ainlck was In the city yes
terdiy and met a great many of his
I luttsmouth friends. Mr. Amlck U
now handling stoik at Murray an! in
the past few weeks he has sold many
lu nd i t the South Cmnha nwki'i. A
few tii.ys ago he shipped a fu.e err
had of cattle from Mjriay whlih
brought him a tidy um and was a
ro.1 rous reward for hU Industry in
ra.'slup them. As it stuck grower.
Mr Amlck Is a pronounced success
and be Is one of the best type of cltl
r.cns Murray and vicinity affords.
A live, energetic anl vigorous young
run n ho Las achieved a reputation for
good business Judgt.t n. and vauaclty
second to none.