The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current, March 11, 1912, Image 8

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Exact Copy of Wrapper.
TH( OINTAUn OOBMNT, NCW TOOK CITY. I
W. II II. II I MLIW
IS IT II 1EI Oil TWEHTY YEAR II
FRANCHISE CITY PROPOSES G1IIB
I.KtiAI, M)TICK.
la t DUIrlct Court ot Vmmm Count?,
!SrbrBNka.
NOTICE.
Frunk E. Sohlater, i'lainttfT. ,
V8.
Abraham Rurkholder, et al
lefemianti).
To Abraham Burkholder, Matilda Burk-
holder, I. N. Smith, (nrsl name un
known) Ceo. W. Ityrkit, Jerod N.
Handle, Jared N. Karidlc. tho unknown
heirs or devlm-eii of Jared N. Handle,
deceased, Altazarah Kandle, the
oreapollB Company, a corporation;
the town of Oreapolls, a municipal
corporation, of Cass County, Ne
braska; Loudon Mullln the unknown
heirs or devisees of Iinudon Mullln,
deceased, Barbara K. Mullln, George
Loom!, the unknown heirs or de
visees of lieorjce Loomls, deceased,
Kvallne P. Loomls, Sylvira K. Smith,
widow of Aiiwlmo B. Smith, de
ceased, Warren M. Smith, Mathilda
M. tmlth. Myrtle . l'ratt, Noah
It. 1'ratt, Klmer I,. Smith,
Louise A. Smith Lois Smith
Mi-Ciiunls, Hubert ' I McC.innls,
the Anselmo B. Smith Invest
ment Company, a foreign corpora
tion, the unknown heirs or devlHees
nf Jason !. Miller, deceased, Mary P.
Miller, Alfred L. Brown, the unknown
heirs or devisees of Alfred L. Brown,
deceased, Catharine J. Brown, David
M. Kelsey, the unknown heirs or de
visees of David M. Kelsey, deceased
Mrs. David M. Kelsey (first real
name unknown), William Fitch, Wil
liam Felch, the unknown heirs or
devisees of William Felch, deceased,
Mrs. William Felch (first real name
unknown). Hush Children, Hush Chll
son, the unknown heirs or devisees
of Hush Chllson. deceased, Kmille
A. Chllson, Kmllie T. White, the un
know heirs or devisees of Kmllie T.
White, deceased, William Henn John
Cloedt, Samuel H. Jones, Ueorke W.
Hamsey, l'heehe Ann Hamsey and H.
1'. Bennett (first name unknown),
trustee for J. 11. Maxon, defendants:
You and each of you will hereby take
notice that on the 3rd day of Feb
ruary, 1912, Frank E. Schlater, Plain
tiff in the foretfoinK entitled cause,
tiled his petition In the District Court
of Cass County, Nebraska, aKalnst you,
the object, prayer and purpose of which
Is to obtain a decree from said Court
removing clouds from and iiletinK
the title of record of the Southwest
Quarter and flovernment lots Six (6)
and Seven (7) and all that part of
Government lot Three (3) lylnff North
easterly of the rl(?ht of way of the
BurllnKton & Missouri Hlver Railroad
and South of the bridge or culvert Im
mediately North of Swallow Point all
In Section Six (6), and Gov
ernment lot One (1) In Section
Seven (7) all In Township Twelve (12.
North, In Hange Fourteen (14), Kast of
the Sixth Principal Meridian, In t ass
County, State of Nebraska, excepting
the right of wny of the Burlington &
Missouri Hlver Hallroud Company, In
Nebraska, or Its grantees and as
signees, In Plaintiff, as against you.
and to exclude and enjoin you and
each or you from ever ussertlng or
claiming any right, title or Interest
therein, or to any part thereof, ndverse
to plaintiff, and for such other and
further relief ns mny be just and
eipiltable.
i on are Heiilred to Answer Said
Petition on or before the ISth dav of
March 1912, or the allegations con
tained In said petition will be taken as
ti'ue and a decree rendered us praved
lor i Herein.
Dated: February f.th. 1912.
F I ; A X K K. SCHLATKH, Plaintiff.
By JOHN M. I;YI)A. His Attorney.
Some Good Sound Reanoning Is Submitted to the Taxpayers and
Water Users of the City, and Proposes to Let the People Vote
on the Matter and Abide by Their Verdict.
Mr. Editor: In u recent edi
tion of the Journal you called nt
lenlion to the graiiliiiK of the
proponed water franchise, as you
stated, to Rive your readers nn
opportunity to speak their senti
ments. As mic, I am pleased to
respond to trie siiKKeslion, as I
consider tin Kranliin,' of a water
franchiso, or any other franchise,
at this period in the. city history
more important than at any pre
vious wanting of like privileges.
In the granting of franchise
rights the future- should he con
sidered as carefully as the, pres
ent. There is no reason why Ihe
city should give something for
nothing, any more than an in
dividual or corporation. It should
have value received for what it
Rives. I think a just, fair and
quitahle agreement should be
entered into with the IMattsmouth
Water company, but for a period
not longer than ten years. And
the contract should be uncon
ditional as to any privileges or
arrangements beyond that period.
In my judgment, ten years will
muke a greater change, in the
matter of the progress of thr
city in wealth
than has taken
and population,
place during the
past twenty years. T think there
is no good reason why a franchise
should be granted longer than ten
years. Hut if it should be, then
the additional years should bo for
n fixed cash payment for the
franchise.
When Ihe tlrst franchise for
twenty years was granted, and
tho city contracted for fifty
hydrants, it was necessary to do
this in order to secure the water
works, and was proper to make an
inducement to secure the plant
and to make a liberal contract, as
the outcome to the company was
largely speculative. No such
condition exists now. The plan is
already established. The eighty
hydrants that tho present com
pany wants us to pay $i0 per year
or $3,200 for. are already in.
hence I here would bo no expenso
attached for this purpose. This
hydrant rental alone is over g per
cent on $00,000, the amount for
which tho Water company has
recently mortgaged tho plant to
the Union Safe itnd Deposit Co.
for. As I understand it, the city
some time ago could have bought
the plant at about $30,000, and in
is alloK.'d that tho present owner
only paid about that sum for it.
Under these circumstances is not
a ten-year franchiso all that tho
city should reasonably bo expect
ed to give. To add another ten
years, in my judgment, would lie
giving away valuable rights of the
' taxpayers.
The private consumers should
also have protection. The pro
vision in the proposed ordinance
that they shall pay $8.50 to tho
lot line, and in addition have to
pay for the extension from tho lot
line to their premises and keep
tho same in repair, is unreason
able and unjust. If the city coun
cil grants Ibis company a fran
chiso without compensation, and
in addition pays $3,200 a year for
hydrants, it would seem that the
company ought to be at the ex
pense of extending its own plant.
Tho owner is compelled to bo at
the expense of the extension to
his premises, which is practical
ly a donation to the company
through which they can furnish
water and receive compensation
of not less than $(1 per year,
which is 0 per cent on $100, al
though they have invested noth
ing. We are not overlooking the
fact of the company's expense of
keeping up and running Ihe plant,
but believe tho income from it is
now amply sutllcient to pay in
terest on an investment of over
iF.w.omi over and above repairs.
The caption of tho ordinance
and the. first section are mislead
ing, ns the public is loft to believe
that only a ten-year franchise is
asKeii ior, nut ir section 7 is
adopted, as now drawn, it moans
a twenty-year franchiso. We
see no good reason why the city
should hedge itself around with
Ihe conditions set out in this
section. Let tho franchise be
simply for ten years; it, will be
time enough then to make new
I.IKiAl, SOTIt'K.
Notice Is hereby given that by
virtue or a cattel mortgage, dated on
the 11th day of November, 1911. and
duly lileil In the ollice of the County
Clerk ot Cass county, Nehrusku, on
the 24th day of February, A. D. 191
and executed by James V. Kaspar to
t'laltsmciiith Stute Bank to secure the
payment of the sum of Nine Hundred
Dollars, ami upon which there is now
due the sum of IS71.0I).
And also by virtue of a chattel
mortgage, dated July 20th, 1911, and
duly tiled In the ollice of the County
Clerk of ( ass County Nebraska, on the
2 3rd day of February, A. D. 1912, and
executed by James V. Kaspar to the
Bank of Cass County to secure tho
payment of Three Hundred Dollars,
and upon which there Is now due and
payable the sum of $:lll.2!, which said
last described mortgage Is now owned
together with the debt It secures, by
me i-iausmoutn Mate Bank.
Default having been made In the
payment of both of suid sums due on
said Indebtedness and mortgages, nm
no suit or other proceedings at law
having been instituted to recover said
dent, or either of the debts above de
scribed, or any part thereof, although
demand for the pavment of each has
been often made; Therefore, the fluid
Plattsmouth State Bank will sell the
property therein described, viz:
All his stock of bread, pies, cakes
and all material entering Into their
manufacture all stock of Hour, sugar
lard, confectionary, cigars, tobacco, all
furniture and fixtures, show cases
scales, cash register, bread pans, bread
rack, machinery, Including the "One
Day Klectrlc Dough Mixer and
Dynamo," one electric egg and cake
mixer, one dough dividing machine
one Queen City Conkay machine, one
Thompson loaf moulder two stoves, all
shafting and belting." anil all ma
chinery, fixtures and merchandise not
herein specifically named, Including
one CaUlngcr raiting machine, all the
above and foregoing contained In the
building standing on east half of Lot
ten, In Block twenty-nine, in the City
of Plattsmouth, Cass County, Nebraska,
at public auction, In the City of
Plattsmouth, In the building where the
pioperiy now is as above described, on
the first day of April, A. D. 1912, at 10
o'clock a. m. of said day.
Dated March 9, 1 912.
Plattsmouth State Bank,
Mortgagee,
C. A. IUwIs. Attorney for Plaintiff.
MmCK TO CREDITORS.
In County Cenrt.
STATF. OF NKBHASKA.
Cass County, ss.
In the Mutter of the Estate of Thomas
W. Shryock, Deceased.
Notice Is hereby given that tho
creditors of said deceased will meet
Peter C. Stander, administrator of said
estate, before me. County Judge of
Cass County. Nebraska, at the County
Court Hoom in IMattsmouth, In said
County, on the 25th day of March, 1912.
and on the 30th day of September, 1912.
at id o ciock A. M., on eacn aay, ror
the purpose of examining- adjusting
and allowing such claims as may be
on file at such time.
Six months are allowed from the 25th
day of February, 1912, for the creditor
of said deceased to file their claims
in this Court, I. e. all claims against
said estate should be on file on or be
fore the 2.rith day of September, 1912.
The said administrator is hereby given
one year from the 28th day of Feb
ruary, 1912, In which to settle said
estate.
Witness mv hand and the seal of the
County Court at Plattsmouth, Nebraska,
this 24th day of February, 1912.
(Seal) ALLEN J. BKKSON,
County Judge.
r. O. DWYEH. Attorney.
.otick.
James V. Kaspar will take notice
that on the 26th day of February, A.
D. 1912, the County Court of Cass
County, Nebraska, In Its Justice
jurisdiction, . Issued an order of at
tachment for the sum of One Hundred
Six and 92-100 Dollars, in an action
pending before said court, wherein the
rMatismoutn staie lrnnK, a corporation,
Is plaintiff, and James V, Kaspar Is de
fendant, that property of the defend
ant, consisting of one Chopie gasoline
engine, seven piles of wood, 10 sacks
of rye Hour, 98 lbs. each; 19 sacks Sun-
klst Hour, ax lbs. each; 17 sacKs Forest
Hose flour, 9S lbs. each; 30 Racks Ne-
hawka flour, 98 lbs. each; 6 sacks Gold
Medal flour, 98 lbs. each; 3 sacks Heisel
flour, 98 lbs. each; has been attached
under said order. Said cause was con
tinued to the 18th day of April, A. D.
1912, at 9 o clock a. m.
PLATTSMOUTU HTATK BANK.
3-4-3wks.
I.I-.tJAL NOTIC K.
In the Dlxtrlct Court of Can County,
Millie D,
conditions. Tly that time tho fran
chise may be very valuable, or it
is possible that might not be of
sulllciont worth to justify tho
company in taking another fran
chise. As to what the city should
pay ns hydrant rental. I am of the
opinion that $37.50 for each
hydrant is enough.
I would not advocate the taking
of any advantage of the Water
company by reason of their
plant already being established,
which would be valueless to them
without Ihe renewal of a fran
chise, at the same time the city
is in no position to be hurried
about entering into any contract.
If the present franchise expires
tne city can pay for tho water
used until a now contract is enter
ed into.
I will add, in closing, that it
would not bo a bad plan to sub
init the question of a now fran
rinse direct to tho voters, whoso
decision would be final, as the
majority should rule.
II. 11. Windham.
Subscribe for the Dally journal
Nrhrnaka
Montgomery, Plaintiff.
vs.
James F. Archer, Defendant.
lames F. Archer, defendant, will take
notice that on the 9th dav of March, A.
D. 1912. Millie D. Montgomery, plaintiff
herein, filed her petition in the Dis
trict Court of Cass County Nebraska,
against said defendant, 'James F.
Archer, the object and prayer of aatd
petition are, to iulet the title, In the
plaintiff, Millie D. Montgomery, In and
to the following described real estate,
to-wit:
Commencing at the soul host m-nr
or tne northwest quarter of the south
east uuarter of Section twentv. '.'own.
ship eleven, range fourteen K. In Cass
lounty, Nebraska; thence north ten
rods; thence west to the west Una nf
saui quarter; thence south ten rods to
tne southwest corner of the said north.
wesi quarter or tne southeast uuarter
thence east to the place of beginning.
containing nve acres; and to declare,
null and void and of no force and
enect a certain deed of conveyance of
sum real esiaie from Abel Crahtree to
James r. Archer, which deed la re
corded in the deed records of Cass
vouniy. .-venrasKa, in hook thlrtv-four
at page 689, and to declare null ami
void any and all claims of said James
r. rtrcner in ami to said real estate
also alleging adverse possession of
sam premises ror more than ten years
last past, and prays for equitable
i run.
You are required to answer said peti
tion on or before the 22nd day of April
II. 19 12.
Millie I). Montgomery,
l'lalntlfT.
C A. Kiwis. Attorney for Plaintiff.
3-ll-wkly-4-wka
WEEPING WATER.
Ilenublican.
J. H. Williams Is preparing to
move to llallani. Ieo., wnere
his daughter resides.
J. II. Chandler has sold his
house to Fred I,au. Mr. Chand
ler departed Monday for Over
ton on business.
doorge Close is having a
severe siege with rheumatism.
His condition issuch that he is
helpless and requires constant
at tendance.
Mrs. Mary Connally ami
daughter, who resided in the Mc
Nurlin bouse on the south side,
moved to Murray, and S. (i. Cog
li.er has rented the property and
moves in this week.
John Tacklenbery sold his 80
acre farm, four miles west of
Avoea and one-half mile north, to
Henry Hiniteman for $li,000, or
1 7 1 per acre. II is a line farm
and adjoins Mr. llunteman.
Miss Daisy Jewell, teacher at
the I'ine school house, had only
one scholar out to school after
the heavy snow storm, and she
was the only county teacher so
far reported in that community
that slaved on Ihe job.
Torroneo Fleming has been
moving the past week from the
farm near Murray to the one he
owns southwest of town. It looked
like his old neighbors were an
xious to get him started for they
came through in a drove, anil Ihe
half is hardly moved. Part of
Ihe roads had to be broken and it
w as no easy job.
L. Micklo has moved from the
Taylor 80 to the farm owned by
Henry Hehrns and known as the
Charles Hughe place, one and
.one-half miles east of Avoca.
Harry Hubbard, from Burns,
Wyo., came in Friday morning on
account of tho serious illness of
his mother. For the past few
days Mrs. Hubbard's condition
has improved some.
If there is any horse heaven,
any place where the spirits or
those who rarely ever have any
emancipation from work, can
float in, realms of space and sip
on the choicest or grains, old
Don" is there. For twenty years
he served faithfully on the dray.
Mrs. Stonor reports his death
Monday. Ho was a good old fid
low, and there were actual tears
shed when he quit living.
A.
CASTOR I A
s For Infants and Children.
The Kind You Have Alwayt Bong!;!
Bears the
Btgubtura ot
bs3E
utM
TO CALIFORNIA, UTAH, MONTANA, WASHINGTON. ORIGAN, BRITISH
COLUMBIA. This is the general basis of colonist fares,, March 1st
to April 15th.
THROUGH TOURIST SLEEPERS.
Every day to Los Angeles and San Francisco, with daylight ride
through scenic Colorado.
Every day via Northern Pacific and Great Northern to all princi
pal northwest destinations.
SUMMER EXCURSION TOURS OF THE PACIFIC COAST.
Special dates of sale in each month, commencing April, at $55
round trip, with every day round trip rate of $60 the greatest
railroad journey in the world and low rates for it. Plan now.
SUMMER TUURIST RATES.
More attractive excursion rates than ever before, this summer to
Rocky Mountains, Yellowstone Park, Big Horn Mountain resorts,
the Black Hills, the Great Lakes, Atlantic Coast resorts; it is none
too early to be making your summer vacation plans.
HOMESEEKERS from Eastern Nebraska to the Big Horn Basin
(fiFZltvf" and other localities West and Northwest.
ii)?
n
R. W. CLEMENT, Apt.
W. WAKELY, General Passenger Agent, Omaha, Neb.
PUBLIC LIBRARY
BOOKS
Board Meets and Hears Report of
Miss Jones and Talks Over
Other Matters.
Krom Saturday's Dally.
The library board met last
night in regular monthly session.
Present: Miss Jones, Miss Gor
ing, Messrs. Smith, Hobertson and
Abbott. The librarian's report
showed a remarkable record for
February. No less than seventy
eight books were loaned daily. It
is doubtful whether any other
library of the size in the state can
show so good a record. The
library was closed for the day of
the storm, but has been
people
month.
The
badly.
every other day
full of
in the
Basket Ball Last Night.
From Friday's Dally.
The basket ball game at the
Turner hall last night between
the South Omaha Y. M. C. A.
junior loam and the I'lattsmoutn
juniors was well attended con
sidering the amount of advert is
ing the game had and other enter
tainment which the boys had to
compete with. Tho game was
well played on both sides, ending
in a victory for the home team,
the score being, South Omaha 20,
IMattsmouth 31. E. L. Simpson,
secretary of the South Omaha Y
M. d. A., umpired, and Emil
Droege was referee. There will
bo a return game played at South
Omaha in the near future. The
line-up of the teams was as fol
lows :
South Omaha L. Foley, H. F.;
11. I.each, L. F.; V. Mcllrido, C;
I Hobinson, H. O.; H. Magnu
son. I.. ("1. '
Plattsmouth K. Noble, It. F.;
F. Marshall, L. F.; William Kyle,
C; K. Manor, H. O.; Milton Mc
Maken, I.. O.
library needs new books
There are but 3,000 for
generaly loaning purposes, and
when 500 are going out every
week these 3.000 soon become
badly worn. Especially are chil
dren's books needed and the
librarian will be greatly pleased
if those having discarded chil
dren's books that will never again
be used will bring them into the
library for the use of the little
tots of the city. The librarian re
ported as follows:
"I submit herewith the monthly
report for February, 1912: Num
ber of books exchanged, 1,790;
the same month last year, 1,120.
New borrowers,' 38; last year, 17.
Number of books for use of citv
teachers, 50; for the county
teachers, 18. Borrowers, 2,020;
last year, 1.8G0. Hooks donated:
Miss Cass, 2; Prof. Abbott, 2; Mr.
Anthony, 10. Magazines donated
to county natrons. 50. Resnect.-
fully submitted.
Olive Jones, Librarian.
For Sale.
Some good first-class prairie
hay, on farm eight miles west of
Plattsmouth.
R. L. Propst, Mynard.
WM,HHWHI,!,H
I Insure your farm property
! in the Farmers' Mutal Fire 4
J and Live Stock Insurance
Company of Cass County, j
I Nebraska. Limited to Cass 4
J county only. Incorporated 4
I in 1894. Only one as-
sessment of 2 mills made 4
I during the entire time.
-l Amount of Insurance In 4
I- force $1,303,955.00. Amount
! of money in treasury. $4,- J
K857.G9. Membership fee 50
cents per hundred for 5 4
J years. For particulars J
! write !
'I- J. P. FALTER, Secretary,
Plattsmouth, Neb. 4
Majestic Has Good House.
From Friday's Daily.
The benefit performance at the
Majestic for Mrs. Kaspar last
night brought out two large
audiences. During the first show
there were not seats for tho peo
ple, many having to stand in the
vestibule until it was over. The
orchestra piayea selections ap
propriate to the acts thrown on
the screen, and the music was
highly appreciated by , the audi
ence. The committee in charge
of the business end of the play
feel very grateful to the members
of the orchestra for its services
last night, which this popular
musical organization donated to
the good cause. A handsome sum
was realized from the perform
ance, which the committee will
add to tho amount already con
tributed. It is expected that the
business matters connected with
the Kaspar bakery will soon shape
themselves so that Mrs. Kaspar
will be the legal owner of the
business, when she can go ahead
with it..
fillUIlE'S METHOD of remov
ing corns, bunions and callouses
has certainly proven a winner. It
kills the seed and leaves a smooth
skin.i Three minutes after ap
plication there is no pain. Ask
F. O. Fricke about Oruber One
Drop Corn Remover. 3-7-wky2t
Mrs. Fred Oeiso visited Omaha
friends today, going on the first
train this morning.
Plattsmouth Auto and Wagon
Bridge Company
TOLL RATES
Foot passengers $ .05
Horse and rider t 15
Motorcycle and rider 15
One horse, vehicle and driver 20
Two " 25
Three 35
Four 50
Horses or cattle hauled or driven, each 10
Calves, sheep, goats or hogs, hauled or driven, each 10
Maximum rates per wagon load 50
Fruit, grain or hay, per load, with team and driver 50
Huckster, patent medicine, grocery peddler, junk dealer, live
poultry, each with wagon and driver 1.00
Emigrant wagons with driver 1.00
Automobiles with chauffer .50
Each additional person in any vehicle 05
Thresher, seperator, team and driver 2.50
Corn sheller, team and driver 1.50
$10 and $5 Coupon Books a! 25 o Dis
count for Gash!
POLLOCK & DUFF,
PROPRIETORS