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SEMI-WEEKLY EDITION-EIGHT PAGES
VOLUME XXIX
rLATTSMOUTIl. NEBRASKA. MONDAY NOV EM HUB 21, l)IO
NO 87
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HIE tilt' LOSES OUT III CASE
TAKEN 10 THE SUPREME COURT
The Judgment of Lower Court in Mike Whelan Matter Affirmed
By the State Supreme Court.
Attorney D. O. Dwyer thU morning
received a message from the clerk of
the supreme court, notifying him that
In the case of Michael Whelan against
the City of Plattsmouth, the plaintiff
bad had his case affirmed, In which
he recovered a verdict and judgment
in the district court of this county, In
the sum of $150, which, with the ac
crued interest and costs, will now
reach something over $300. The con
troversy arose about three years ago,
when the city, under the former
mayor, graded for cement walk ad
jacent to the residence property of
Mr. Whelan, located on Winterstein
Hill. At the time the work was done
It might have been settled for a small
sum, and when the authorities were
called up on the 'phone by Mr. Whe
lan to discuss the matter, as soon as
it was ascertained who was talking
and the subject of conversation, the
city official hung up the receiver and
would not discuss the matter. The
injured property owner then sought a
lawyer, and filed his claim for dam
ages with the council, which was re
ferred to a committee, and finally re
jected. The matter was appealed to
the district court, where it was tried
before Judge Travis and a jury, the
BHD BOYS DISTURB POOR
OLD GERMAN LADY
On Tuesday afternoon as an elderly
German lady, who had been attending
to some shopping In this city, was re
turning to her home, a mile south
east of the city, she wus molested by
three boys about twelve years of age.
As she was driving to her home these
unruly boys ran up behind the buggy
and aside from provoking the old lady
very much, took the packages out of
the back end of the buggy box and
ran away. The elderly called to a
number of people in the vicinity for
assistance, but as she could not speak
the English language and there being
no one in the immediate locality who
spoke or could understand the Ger
man language who could act as In
terpreter for her, she was unable to
expalln the affair satisfactorily to
those who had come to her aid, and
was therefore compelled to go home
without her packages. This unruly
deed occurred on Lincoln avnue near
the limits of the Burlington yards. On
account of tbolr parents, the three
culprits' names are withheld. But
their names are known, also it Is
known that, they are students of the
Columbian Bchool. The lady does not
care to cause any trouble for the par
eats of the young culprits, but the
parents should know of the where
abouts and actions, such as this, of
their children after school hours. If
the parents are not capable or unable
t take care of their children after
the school hours, they should be tak-
from them and placed in charge
f some authority, institution, or par
ties, who would see to it that such
culprits as these would conduct them
selves in a gentlemanlike manner.
Honors the Journal.
Governor Shallenberger has ap
pointed a number of delegates to the
Lakes-to-the-Gulf Deep Waterway
association, which will meet in St.
Louis, November 25 and 26. Among
the number appears the name of R.
A. Bates, publisher of the Journal.
While St. Louis Is several hundred
miles away, and none but the rich
ran enjoy such honors, and as no
provision Is made to pay the expense
even of such trips, and as our time
Is very precious at this time of the
year, it will be Impossible for us to
attend anyway, no matter how much
we would like to. Governor Shallen
berger has our thanks, just the same,
for the honor conferred.
Judge Travto Makes Improvements.
The appearance of Judge Travis'
residence has been Improved recently
by the addition of cement walks, con
crete horse block, and other outside
decorations, In which Is Included
brautiful concrete porch columns and
two large lawn urns. H. C. McMaken
A Son have the contract for the work.
city being represented by the then
city attorney, V. C. Ramsey. The
trial of the case In the district court
resulted In a Judgment for the plain
tiff in the sum of $150, which was
$550 less than plaintiff had sued for.
The city authorities believing In the
justness of their cause, appealed the
case to the supreme court for a final
determination of the law In such
cases, with the result above stated.
The city has forty days from the
rendition of th ejudgment in the su
preme court in which to file a motion
for a rehearing, and Hon. B. S. Ram
sey, the present city attorney, will
file such motion at once. If the case
proves to be properly decided, there
will needs be some caution used In
the future In grading adjacent to long
established residences, or where the
residences have been erected before
the grade was established.
The case excited more than ordi
nary interest in the supreme court,
the opinion affirming the district
court was written by Judge Rose;
Root, Letton and Scgwick, each con
curred in separato opinions, which
rarely occurs. Judge Ramsey has
ordered a copy of the opinions of the
learned court sent to hlni.
Ha Finished Corn Gathering.
Mr. Sam Tubbs, of near Murray,
was a Plattsmouth visitor today. Mr.
Tubbs finished gathering his com last
Tuesday, being the first farmer to re
port his crop harvested. The corn
was very good, and Mr. Tubbs has no
complaint to make on this score. The
farmers over the county are about
half through with their corn gather
ing, this having been an unusually
fine fall for out door work It is ex
pected that by Christmas there will
be no corn in the fields.
OS. BAXTER SMITH
ENTERTAINS ALTAR SOCIETY
From Thursday's Dally
One of the very pleasant social
events of the season was that of yes
terday afternoon, when Mrs. Altrogge
and Mrs. Baxter Smith entertained
the members of the St. John's Altar
society and friends at the hospitable
home of Mrs. Smith on North Third
street. The fact that It was to be
held at the home of Mrs. Smith and
that Mrs. Altrogge was to assist Mrs.
Smith In the entertaining, the ladies
expected a fine time and expectations
were fully realized In the entertain
ment of yesterday. For the occasion
Mrs. Smith had thrown the parlors of
her home open and assisted by Mrs.
Altrogge made an especial effort
toward Insuring the guests a royal
time. A musical program had been
arranged for, which was rendered
during the course of the afternoon.
This program was a most delightful
feature of the afternoon entertain
ment and was likewise thoroughly en
Joyed by the guests. There were
vocal solos, instrumental selections
and the like, which were rendered in
a very pleasing and charming man
ner. The dainty, as well as delicious,
luncheon provided by the hostesses
was not the least appreciated of the
many delightful things provided by
the thoughtful hostesses for the en
tertainment of their guests. The
ladies realized over thirteen dollars.
At the Majestic.
A large audience witnessed the fine
exhibitions at the Majestic last even
ing. The "Message of the Arrow"
was a true reproduction of scenes
often enacted on the frontier, and
was true to life and a real thriller.
The other subjects were equally as
fine, and especially the "Mysteries of
the Larama Convent."
Some of the most beautiful scenes
were pictured In this subject, and
natural scenery of the wildest char
acter, and one having a bent for the
mysterious should see this drama
enacted, as It alone Is worth the ad
mission. Manager Schlaes Is making a suc
cess in keeping the quality or the ex
hibition up to a high standard.
n
ii
Well Known Attorney Taken in
Prime of Life by Typhoid
Fever.
The Omaha Bee of this morning
has the following in reference to the
death of Henry E. Burnham, the well
known attorney, who wa3 well known
In Plattsmouth:
"City Attorney Harry E. Burnham
died last night at 9 o'clock at his
home, 115 S. Thirty-seventh street, a
victim of typhoid fever, with which
he had suffered for several weeks.
He was 44 years old.
"Mr. Burnham was born In Bloom-
field, Indiana, and there he spent his
boyhood. His early education was
secured in the public schools of
Bloomfield and in the Indiana normal
school. In Indiana he studied law for
five years, teaching Bchool between
his law terms to help raise funds for
his legal education.
"Mr. Burnham completed his stud
ies In the college of law of the
Georgetown university, securing the
degrees of L. L.'B. and L. L. M. After
the completion of his work In the
law college he accepted a poo'.Mon as
legal adviser and special examiner
for the United States pension bureau
and served four years.
"Mr. Burnham resigned his gov
ernment position In 1893 and began
the practice of law In Omaha. In
1897 ho was appointed by Governor
Holcomb as one of the judges of the
Omaha municipal court. The law cre
ating ttils court shortly afterwards
was declared unconstitutional by the
state supreme court.
"In 1901 and 1902 Mr. Burnham
served as deputy county attorney un
der George W. Shields and In 1903 he
held the same position under James
P. English.
"Mr. Burnham was elected city at
torney for the first time In May, 1906,
making a successful race on the dem
ocratic ticket. He was re-elected In
May, 1909.
"Mr. Burnham was the son of Mr.
and Mrs. Samuel Burnham, Nebraska
pioneers, who lived In Nebraska City
from 1825 until 1861. Both his par
ents are dead. His wife is the only
near surviving relative."
Don't Heroine Indifferent.
The only men of worth to a town
or community are those who forget
their own selfish ends long enough
and are liberal enough In their Ideas
to encourage every public and private
enterprise, who are ready with brain
and purse to push every project cal
culated to build up the town and en
hance its importance. The enterprise
and push of a town or community Is
the foundation of its permanent suc
cess. A town may as well prepare for
Its funeral as to become Indifferent to
the enterprises in Its midst. Men
who come to town to make it their
future home, who cannot Bee far
enough before them to see that money
placed Judiciously In a public enter
prise of their own town will be a
hundred fold In the appreciation of
their property are to be pitied. .
Mrs. l'et'klium Demonstrates,
John Bauer & Son yesterday In
stalled an electric sign and allowed
In their window a position for MIbs
Adeline Capitola Peckham for the
purpose of demonstrating the asbes
tos sad iron. Any woman not entire
ly satisfied with her ironing should
witness Miss Peckham's demonstra
tions. She Is very entertaining and
knows her stunt thoroughly, uses her
index finger a great deal, but this Is
her method of demonstrating.
Will SjM'nd Money for Itlp Hap.
Mr. A. P. Wood, superintendent of
construction of the M. P. Railway
company, was In the city yesterday,
contemplating expending $17,000 In
rip rap near the new bridge over the
Platte. The water has made quite a
serious Inroad at the south bank of
Platte, Just west of the bridge. It
will take a large amount of stone and
willow and cable to protect the bank
from further encroachment of the
Platte.
Mr. Vern Terry and wife, of Eight
Mile Grove, accompanied by Mr. Wal
ter Perry, of Orange, California, were
In the olty today, looking after busi
ness matters. Mr. .Waller Perry ar
rived from California last Tuesday.
The young men report their father as
Improving. x
Mayor Appoints Delegate.
Mayor Sattler has appointed the
following delegates to the Lakes-to-the
Gulf Deep Waterway association,
which will meet In St. Louis Novem
ber 25 and 26: Dr. J. S. Livingston,
John Lutz, Dr. E. W. Cook, Frank
Schlaler and George Lushlnsky.
Every city in Nebraska and especially
those 'along the Missouri river, are
deeply Interested in this meeting, and
according to the apportionment of
delegates Plattsmouth Is entitled to
five representatives.
SLIGHT REDUCTIONS IN
FOOD PRODLCTBUT SLIGHT
Within the past two weeks there
has been a slight reduction In the
price of food products, probably due
to the monster corn crop raised this
year, but the decrease has been so
slight as to be hardly noticeable to
the men with small families. New
corn Is selling on the street at 40
cents per bushel. Pork at the meat
markets Is sold over the counters at
3 cents less than formerly, but beef
has not declined perceptibly In the
local market. The attention of the
retailers in the city was called to the
reduction of prices in the large cen
ters of population of from 2 to 3
cents per pound In beef, and the firm
Interviewed said that the reduction
was only on the cheaper meats, such
as had to be treated with a chemical
before the odor disappeared so that
anyone would buy, and such meat his
firm would not allow to hang in their
shop. The meat which has taken
such a slump In New York, Is prob
ably some that has been stored bo
long that it Is not fit for human con
sumption, and Is offered at the cut
price in order to get rid of It. There
Is an opinion also that the meat com
bine have agreed to temporarily lower
the price of meats to force out of
business some Independent concerns.
The Swift traveler was In town this
week, and stated that there had been
an advance of one cent per pound on
the best cuts of beef.
IN MKMOItlAM.
Mrs. Isabel Jtlchey, Our IVtetcsN.
Four snow-white rose buds In her
hands,
Those hands so white, so fair;
They spoke of faith, of hope, of love,
The peace of God was there.
Most beautiful in death, she seemed,
An angel smile was there,
The breath of Eden on her lay,
And praise exchanged for prayer.
For death hath lost its painful sting,
All fear is cast aside,
For soul and body, God will bring
At the great Eastertide!
Canon II. B. Burgess.
November 18, 1910.
Completed Poultry House.
From Friday's Dully.
Mr. C. C. Wescott yesterday com
pleted a new poultry house which Is
all fixed up In modern style with
baths and the like, polished floors,
grained woodwork, etc. However,
the structure was not built to with
stand heavy objects descending from
above, as Mr. C. K. Wescott discov
ered, when In the gloaming an even
ing or two ago, he precipitated him
self through the plate-glass roof of
the new henery. Mr. C. C. Wescott
was the first to arrive at his father's
side, and found him still conscious,
but getting his "breath In short
pants," kneo pants, as it were.
Mr. Wescott, senior, has since been
poltlced and rubbed and sweated and
fried and boiled until at times his
condition Is almost normal.
The l ire at Ilavelock.
Fire which for a time threatened to
consume the entire building broke out
on the third floor of the new Burling
ton storehouse at Ilavelock about
noon yesterday, damaged the
building and supplies stored In the
structure to the extent of $30,000.
This Is covered by Insurance. The
fire started on the third floor of the
building In a pllo of waste. The
origin is unknown. This is the second
loss by fire at Ilavelock which the
Burlington has suffered during the
last six months, of which the cause
has never been learned. The damage,
which amounted Into the thousands,
was confined mostly to the third floor
of the new building. Water which
was poured into the building damaged
the first and second floors of the
building to a considerable extent.
ANOTHER EXCELLENT
II
Alvin Everette Gass Dies at His
Bright's Disease, Was an
From Friday' Dally.
Alvin Everette Gass, only son of
Perry P. and Hannah Winterstein
Gass, was born August 19, 1862, in
Plattsmouth. He has lived his life
here with the exception of nine years
following his marriage to Miss Belle
Wendell In 18S9, during which time
they made their home at Pacific Junc
tion, Iowa, where Mr. Gass was con
nected with the Burlington railroad.
In 1898 he returned to his birthplace
and for a number of years was chief
clerk under D. S. Guild, storekeeper
of the Burlington. He continued in
railroad work until elected to the
position of auditor for the Independ
ent Telephone company here, where
he has served most efficiently and
competently since, until Illness made.
It necessary for him to give up his
work four weeks ago. After a noble
fight against that dread affliction,
Bright's disease, he finally succumbed
and his brave spirit took its flight at
7 o'clock, Thursday evening, Novem
ber 17th, to Join the beloved father
and mother who have preceeded him
to the heavenly home. Ho leaves a
widow and two daughters, Lucllo and
Helen, and an only sister, Olive, to
whom there remains a blesaed mem
ory of a kind and tender husband,
father and brother.
In the passing of Alvin E. (lass
Plattsmouth has again been called to
mourn one of Its most highly respect
ed and 'valued citizens, just In the
prime of his usefulness. Useful be
cause he filled a place all his own,
both In his public relations, as well
as his social and private life. He was
a consistent member of the Presby
terian church, and had been a con
stant attendant upon the services un
til his health began to fall. His un
assuming, pure, sweet life, has been
an Inspiration to those who have
been closely associated with him.
Strange as It may seem, however, we
are slow to appreciate the true worth
of those with whom we mingle from
E
AHTI-TRUST SCI
Attorney General to Ask State
Corporations to Come to
Time.
Attorney General Mullen, appoint
ed by Governor Shallenberger for a
period of two months, proposes to re
quire corporations to obey the Junkln
anti-trust act by requiring them to
make reports to him as provided for
by the law. He will give the com
panies until December 1 to comply
with his request.
Thattyart of the Junkln act has
been to a great extent a dead letter
since the enactment of the law, which
was to be effective in 1906. The sec
tion of the law does not apply to cor
porations Incorporated under the laws
of Nebraska or to common curriers.
It applies to all joint stock companies
or associations whose stockholders
are not personally liable for their
debts. Such companies are required
to file a statement with the attorney
general on or before September 15 of
each year, showing the market value
f capital stock, how much has been
paid in cash for the same, the amount
paid in dividends, a statement of
stock ownod In other corporations,
the amount of stock held In trust by
It for other corporations, and such
must file in the attorney general's of
fice on or before June 30 of 1910 an
undertaking that It will comply with
all of the laws of Nebraska governing
corporations.
The Junkln act further provides
that the attorney general may at any
tlmo require of any corporation or
Joint stock company engaged in busi
ness in this state any statement he
may think fit in regard to the con
duct of Its business.
Civil and criminal prosecutions
may be Instituted for failure to report
and tho fine shall hot be less than
$500 nor more than $5,000. The
WILL
E
CIIEII OF
Home Here After Battle With
Lovable and Kindly Man.
day to day, 'til the silent messenger
calls them from our sight.
Al, as he was familiarly called, was
a genius with his pen, and but few
knew of his gifted talent as a writer
of prose and poetry, outside of the
charmed home circle. For It was
there he lived, loved and worshiped.
And as we touch briefly upon his
home life, we would tread softly, for
it was his sanctuary, where he wor
shiped at the shrine with hia loved
ones, and where his unselfish, gcutlo,
loving presence will be missed by his
devoted wife ond daughters more
than language can express. While
the husband and father bad been a
patient sufferer for two years, but
few knew that the dread disease had
marked him for Its victim, until re
cently. With his faithful physician
and loving attendants, he battled
bravely with the disease, until hop
was gone. But when the summons
came, It found him ready, and with
words of endearment to those ho
loved, and a smile on his Hps, he
passed sweetly and peacefully to his
rest, Just a the church bells were
calling the people to prayer, and
ringing for him the summons to a
higher and better life. And as we
say "good-bye," we can add nothing
so appropriate as the first and last
lines of his own eulogy to Eugene
Field. "And he Is gone, the one w ho,
with his genius, and poesy, has
touched the heartstrings of us all.
And as the year was dying, and the
flowers which he loved did droop
their pretty heads before the cruel
wintry blasts, his poetic rouI took its
flight. And if such things above are
given, he'll be poet laureate of
heaven."
The sympathy of the community
goes out to the bereaved ones In this
hour of sorrow and loss. And we
commend them to the Infinite One,
who alone Is able to comfort their
aching hearts. ;
making of a false statement shall be
punishable tho same as perjury.
Only about forty-live corporations,
have filed such statements as are re
quired by law, while over 500 foreign
corporations are doing bustness In
this state which have appointed the
state auditor as agent.
Waller Perry here.
Walter Perry, of Orange, Califor
nia, a native Cass county boy, came
In from Orange, Calif., a day or two
ago, looking the picture of robust
health. Mr. Perry went to Califor
nia four years ago and owns an
orartgo orchard of which nlno acres
are In bearing with several acres
more of young tress which will bo in
bearing soon. Strawberries In his
neighborhood were selling at six
boxes for 25 cents, new peas and
beans are in season also now. Mr.
Perry Is much . pleased w ith that
country, and although successful In
farming here, much prefers the fruit
growing to the agricultural.
Taking Tcik lieis' FtiixtiilnatloiiN.
From Friday's Dally.
Tho following named young ladies
were in attendance at the examina
tions held by Miss Mary Foster, coun
ty superintendent, at her offica lu
this city today: Mlsa Ellen Smith,
Miss Merle Gustin, Miss Hazel Lam
phere, all of El in wood, and Miss
Katie Foster, Miss Adelaide White,
Miss Mildred Johnson, Miss Edna
Shopp, Miss Delsle White, Miss Wllla
Mooro, Miss Irene Hartwlck, Miss
Florence Rummel and Miss I n a Hatt.
Tlio Mascot Departed Today.
The thoroughbred bull pup which
served the Red Sox ball team as a
mascot this summer, left today for a
new owner. Mr. Fiton, the owner,
came for him, having sold the pup
for $200, and thought he had Bold It
cheap. The dog ha3 been In the cus
tody of Manager Bratner for several
months, and was loaned to the ball
team during the Beason.
Mrs. V. A. Taylor departed for
Plalnvlcw, Nebraska, this afternoon,
where she will visit her son, William
Taylor, for a time.