Nebraska State Histori cal Society rr 70L. NO. XEXVllL PLATTSMOUTH, NEBRASKA, MONDAY. AUGUST 6, 1923. NO. Ill CITY WINS IN INJUNCTION OF PAVING CASE JUDGE BEGLEY HOLDS CITY WAS IN THE BIGHT IN RECON SIDERING CONTRACT. NOT VALID UNTIL WAS SIGNED Interest of J. H. McMaken in Com pany Was Not. of Such. Nature , as to Affect Contract. From Saturday's Dally. The much mooted question of the right of the city to reconsider their letting of the paving contract to the Modern Construction Co., was pass ed upon yesterday afternoon when Judge Begley handed down his de cision in which he denied the appli cation of the Modern Construction Co. for a restraining order to pre vent the city from entering into a new contract for the paving. The case did not develop a great deal of testimony, only the city rec ords covering the proceedings being introduced and the personal testi mony of Charles M. Parker, being offered by the plaintiffs in the case who testified as to the practical knowledge of a contractor as to the cost of a job of this kind prior to its completion. The plaintiffs contended that the awarding of the contract by the city council to the Modern Construction Co. constituted a binding contract without the necessity of a written contract and that the company was entitled to go ahead and perform the work and was ready to do so. As to the adequate remedy under the law, the plaintiff contended it was impossible to fully estimate , the amount to which the plaintiff com pany would . be damaged by -lha-failure to carry out the contract." The attorney for the plaintiff contended also that the application of the law to the fact of the Interest cf Council man J. H. McMaken In the Modern Construction Co. was purely that of blood relation and affection, while the intent of the law had been to cover financial interest direct or in direct in barring a city officer from participating in a contract with the city. The defense of the ctiy as present ed by Mr. Rawls was that the city council had proceeded in a lawful manner in the rejection of the award of the paving after they had agreed to accept 'it, as there was no written contract made and executed by the parties to the work and as had been specifically provided for in the in structions In the plans and specifica tions, and which were of knowledge of the plaintiffs in the case. This was the main contention of the city and on which it based its defense against the action of the plaintiff. The court in its decision found for the defendant city and dissolved the temporary restraining order against the city which has been in force since last Monday evening and which decision will permit the city to go ahead at the meeting Monday and award a new contract for the paving. Judge Begley held tha there was clear and distinct provision made in the plans and specifications of the paving bids that covered the fact that the contract was not valid until it had been signed by all of the par ties to the ocntract and proper bond filed and none of which had been done at the time the city council re considered its previous action.- The awarding by the council, the court held, was merely a matter of nego tiation between the parties and not binding on the city. If the plaintiffs had sustained damages by the action of the city council their remedy lay in an action for damages, not in the injunction proceedings, the court held. While the matter of the relation ship of Mr. McMaken ot the Modern Construction Co., w-as not made a point in the injunction proceedings, the court held that as there had been no showing that Mr. J. H. McMaken was receiving any salary or other fi nancial return from the company there could be no proof of his direct or indirect Interest as under the laws of the state a wife can hold personal property In her own right, sue and be sued, or make disposition of her property without the necessity of the assent of the husband. RUN OVER BY TRACTOR From Fridayi Dn While plowing with a tractor. his seat on the nfogHine and as t?? tractor was back! lis was run over by one of the wheels'.of the machine, breaking his leg very badly. ; He was taken to the hospital at Lincoln where the fracture was dressed but he Is still suffering much pain as the fracture is very complicated and will take some time to properly heal. Ed Schulhof, Piano Tuner. Tele phone 389-7. GIVE PLEASANT DINNER From Saturdays Daily Mrs. Charles S. Dovey and Miss Kathryn Waddick last evening enter tained at a 6:30 dinner in honor of Miss Virgin ia- Beeson, who is soon to leave the city, at the pleasant Dovey home on North Fourth street. The decorations of the dining room and the table were in a color scheme of lavendar, sweet peas being used ",en,siJ,l ln ihe decorative scheme uu nuitu uaue a 11 auueu luutu ui beauty to the scene. Those attending were Mrs. A. J. Beeson, Misses Virginia and Helen Beeson, Alice Louise and Helen Wes cott, Ruth Shannon, Ursula Heroli and Kathryn Waddick. TERRIFIC WIND STORM DOES LOT OF DAMAGE Rainfall Following the Wind Causes Scare m Business Section, on Account of High Water From Saturday's Dally. Following cloudbursts at Green wood and Ashland at an early hour this morning the storm burst on this city with all its fury a few moments before 8 o'clock and for some twenty minutes one of the most intense wind and rain storms of the summer pre vailed and did a great deal of dam age over the city and through the surrounding territory. While the rainfall was not as great as that yesterday the short per iod in which it fell, added to the fact that the ground had been well soak ed, made it easy for a sudden over flow of the sewers on bith Chicago and Washington avenue and which for a few moments menaced the busi ness section of the city. The Chicago avenue sewer which drains a small territory was the first to overflow and soon had South Sixth street flowing with water from curb to curb and the sewer inlets wholly Inadequate to handle the vol ume of water that was flowing down the street, as they were filled to their capacity and a force of citizens and Street Commissioner- Elliott worked hard to keep the inlets open and al low the water that could to flow in to the new sewers. It was but a short time after the overflow of the Chicago avenue Bew er that the Washington avenue resi dents telephoned down that the creek leading to the sewer was almost bank full and the sewers choking with the volume of the water and it was a matter of only a few moments until the water from that section of the city would sweep down into the main part of the city and add its part to the flood waters. When both sewers were overflow ing the water rose to the sidewalks on both North and South Sixth street and menaced the stores of E. A. Wurl and the Egenberger soft drink par lor for some time and in fact Mr. Wurl was unfortunate enough to get several Inches of water In the area way underneath the walk which is used for the storage of coal, the; water apparently seeping through from one of the sewer inlets. Every section of the city reports trees blown down and sheds and oth er outbuildings damaged in the very Intense storm and on North Seventh and Ninth streets the traffic was al-l most Impossible owing to the large number of trees and limbs that had1 been blown into the street. , . j At the residence of Harry Kruker, on Washington avenue a large tree was broken off and carried away( with it the telephone lines serving that part of the city and which will require some time to replace. On west Locust streets the electric lines were blown down and one of the poles burned by" the live wires touch ing It. ENTERTAINS FOR MISS BEESON Last evening Miss Ruth Shannon was hostess at a very pleasant tea party in honor of Miss Virginia Bee son. who is soon toleave for the west coast to spend the winter in school j" there. The tables were attractively arranged with the tiny favors of dancing girls in various colors and here the young ladies enjoyed them selves for some time. In the serving Mrs. Edna Shannon was assisted by Mrs. George K. Petring. Those who attended the pleasant occasion were: Misses Kathryn Wadlck. Alice Louise and Helen Wescott, Sarah Rector, Helen Beeson and Mesdames Walde mar Soennlchsen, Allen J. Beeson and Charles Dovey. WILL WORK AT NEHAWZA Lester (John) Griffin, who was employed In the Burlington shops at Plattsmouth until he met with a ser ious accident to his foot five weeks ago, has again accepted his old posi tion with the Sheldon Manufacturing Mr. Milton Helton, a former em ployee, also is again at his old post with the factory and Emmet Hicks began work there on Monday morn- jing. The factory is getting ready to resume work immediately upon re ceipt of barrels and other incidentals which should arrive soon. We under stand the factory has a large number of orders on hand and more continu ally cmoing ln. Nehawka Enterprise. METHODIST CHURCH ASKS FOR RETURN OF PRESENT PASTOR Rev. F. E. Pfoutz, Present Pastor Here, Asked For This Charge During the Next Year. From Friday' Dally. The Methodist church of this city held their quarterly conference at the church last evening and which was attended by the officers and members of the church congregation to discuss the business affairs of the church. The Rev. J. W. Kirkpatrick, district superintendent, and wife drove down from Omaha to attend the meeting and presided. It was the unanimous vote of the conference that the district superin tendent carry to the annual confer ence of the Omaha district the wish of the members of the First Metho dist church of this city for the re turn of their efficient and well quali fled pastor, the Rev. F. E. Pfoutz. Rev. Pfoutz came here at the first of the year In succession to the Rev. John Calvert, who was one of the most beloved pastors that has served this charge, and Rev. Pfoutz has proven a very acceptable successor and a very strong man in the church work here and with his family has become very popular in the commun ity life. It is not only the wish of the church that Rev. Pfoutz return here but the general public outside of his congregation most certainly will sec ond the wish that this estimable family may continue here in the good work that they have proven so ef ficient in. If the church conference is governed by the wish of the resi dents of the city the present pastor certainly will be continued ln this field. , .. ' ' At the meeting last night the se lection of E. H. Wescott as the dele gate to the lay conference in Lin coln on September 21 was confirmed. PAYS A TRIBUTE TO MRS. A. A VEIDEDUHG Burns (Wyo.) Herald Has Account of Death of Cousin of Henry Steinhauer of This City. This community was deeply sad dened by the unexpected news of the death of Mrs. A. A. Weideburg, Sun day, July 8th. Mrs. Weideburg had been in poor health for a number of years, but her friends did not con sider her recent illness of such a serious nature until the week previ ous to her death, when it became known that she was suffering from cancer. Death came as a release from pain, but it left many sad and lonely hearts. Mrs. Weideburg was the mother of six children, al lbut one living to I grow to young manhood and woman- J hood. The mother gave all her time and strength to the raising of her family and making a real home for; them. Though they lived among us for but four years, her home was ', considered by everyone as one of the j most hospitable in the whole com-j raunity, where young and old alike! were made welcome. Where there look after preparation of a proclama was a call for help and sympathy, tion for a day of national mourning she was ever ready to respond. In recognition of the place she and and her family have made for them selves, the last services of love held for her were attended by a large con course of people. These services were held Wednesday morning, July 11. at 10 o'clock at the Presbyterian church with Rev. D. R. Burr in charge. He cno3e tor ms sermon the text. Psalm 116:15, "Precious in tnan four hours and a half after he the sight of the Lord is the death of nad boarded the special train which his saints." speaking words of com-iawaited him at the Pennsylvania fort and hope. i station in New York, he stood in the Mesdames D. R. Burr. C. H. Bas-1 capital, tian, S. H. Sibley and Messrs. C. H. j As he passed through the gates to and T. W. Bastian assisted with ap- the presidential entrance of the rall propriate music. Beautiful flowers t road station which was last used by were given by sympathetic friends. ) An exquisite wreath in memory of I mother was the offering from the; bereft immediate relatives and ' friends attending the burial services ' held at Lakeview cemetery, Chey enne. Burns (Wyo.) Herald. VISITING RELATIVES HERE From Friday Dally. Dr. and Mrs. A. F. Fritchen and babe of Decorah, Iowa, arrived here yesterday afternoon to enjoy a visit at the home of Mr. and Mrs. Frank R. Gobelman, motoring in from Sid ney, Iowa, where they have been vis iting Mr. and Mrs. David Hiatt, par ents of Mrs. Fritchen. At the Gobel man home has also been visiting Miss Lovey Hiatt, who with Mrs. Frfcahen. is a sister of Mrs. Gobel man. CARD OF THANES We desire to express our appre ciation of the many acts of kindness and sympathy shown to us in the hour of our bereavement and also for the floral remembrances at the funeral and to all those who took part in the services. MRS. W. D. MESSERSMITH. HARRY MESSERSMITH. MRS. HOMER M'KAY, FAMILY. THE NEW PRESIDENT - Calvin Coolidge was born July 4. 1872, at Plymouth, Vermont, and is the second native son of Vermont to occupy the white house, the other being Chester A. Ar thur, also a vice president, called to the chief executive office by the death of the president. He haJ served as governor of the state of Mas sachusetts for .two terms when named for the office of vice president by the repub lican convention at Chicago in 1920 and was elected with President Harding in the fall of that year Coolidge, who is known as "Silent Cal." made his chief reputation in the handling of strikes in Boston while gov ernor of Massachusetts, when he successfully lroke them. A He is the third m.-in from the state of Massachusetts to be A nresident. John Adams and . John Quincy Auams being the other two Bay state citi zens so honored. . -t-T. W -4. EXECUTIVE AMD PARTY REACH THE CAPITAL New President and Wife Arrive Af--v ter All Day Journey Go to Old Quarters at Hotel. Washington, Aug 3. Calvin Coo lidge today grasped the helm of the ship of state as it fell from the life less hand of his captain. Warren G. Harding. Quickly he took upon himself the duties of pilot. Up practically all night receiving the news of his chief's sudden death, he had taken in the sitting room of his father's farm house. In. PJyrrwath, Vt., the oath to perform the itutieS r at, the thirtieth president of the United States. Then a visit to his mother's grave, and he was off to Washington. He arrived in the capital at 9:10 p. m., to be met at the railway station by an official party, including Secretary Hughes and Postmaster General New. Then before retiring he conferred with Secretary Hughes and Senator Curtis of Kansas, republican whip. Tomorrow the new chief executive planned a busy day. He intended to remain in Washington until the body of Mr. Harding arrived from San Francisco, Tuesday, and go to Marion, O.. for the burial. President Coolidge went directly to his suite in the Willard hotel. where he and Mrs. Collidge will re main Mrs. warding at nercon- venience moves from the White House. To Rise Bright and Early The new president planned to rise bright and early tomorrow morning and be at his desk by 9 o'clock. Mail, accumulating during his vacation in New England and conferences on Mr. Harding's funeral arrangements will absorb his attention. He will also for Mr. Harding. Those who came with the presi dent consider it unlikely that he will announce any important steps in his administration until after the coun try has recovered from the shock of the death of Mr. Harding. The last leg of President Coolidge's trip from New England to Washing ton was made in fast time. Less Mr. Harding when starting on his Alaskan trip, Mr. Coolidge raised his hat and bowed quietly to the crowd behind the ropes. There were no cheers . nor applause but spectators raised their hats. The reception throughout was marked by its dig nity and silence. NIGHT FLYING MAY NOT START ON AUGUST 20TH Reports that the initiation of night flying would start on August 20, were unconfirmed In Omaha this morning, says yesterday's Daily News. D. B. Colyer, in charge of the cen tral division of the night flying, said that he had no idea of when the ac tual starting would occur. "We have to put several more small stations twenty-five miles apart in operation before the actual flying will start between Omaha and Chi cago," declared Colyer. Pilots of airplanes practiced fly ing around the lights and over Oma ha Wednesday night. They were guided by the lighting systeni recent ly installed at Fort Crook. The prac tice will be continued for several weeks. Mrs. John Geiser was a passenger this afternoon for Omaha to look af ter Borne matters of business. RESIDENT OF THE SOUTH PORTION OF CITY COMPLAINS Thinks That More Attention Should Be Given to Care cf Lincoln Avenue in This City. 'I '! 1 From Friday's Daiiy. i The Journal has been asked to give exposition to the views of one ' of the well known residents of the south portion of the city who resides ' in the vicinity of Lincoln avenue and wTho has marked views concern ing the care of and maintenance of the avenue. This gentleman claims, and his as sertion is well founded, that this im- JL'portant street is in very rough and JLlbad shape and has been so for the I entire summer and he feels that the ! residents of that section of the city snuuiu nave same wur& penuruieu uu the avenue. As the gentleman states the avenue is one that is very ex tensively used by the men working iu the shops as well as by the resi dents from south of the city travel ing back and forth from their homes and they find a rough, uneven street to travel over and with several very bad crossings that makes the going as hard as possibly could be imag ined. While the season has been such as to check some of the street work, our friend believes that he has a just cause for complaint and would like very much to have the avenue placed in cs good a condition as possible in the immediate future. FUNERAL OF W. D. MESSERSMITH TODAY Ileld at the Late Home in the North Part of City and Attended by Many of Old Friends. . - , - f , From Ttfrrpadaya J5aily. r . ThisltnOtefvttVa'iaiianeaa the north part of the city was held the funeral services of W. D. Messer smith, the news of whose death yes terday had brought such a deep sense of regret to the community. Rev. Frank E. Pfoutz. pastor of, the First Methodist church, conduct ed the services and spoke words of comfort to the sorrowing widow andj members of the family. During the service, Mrs. G. E. Roman and Mrs. Charles Schutz gave two of the old and well loved hymns. W. D. Messersmith was born May 24th, 1845, near Connersville, Indi ana. When about eight years of age he. with his parents, removed to the state of Illinois, where he grew to young manhood. Leaving the parental surroundings he began his own life career in Iowa, living in and around Mt. Pleasant. In the year 1873 he came to this state and located in riattsmouth. And from his home in this city he laid down the working tools of his life to enter into the re ward that awaits his long life of constant labours, being 7S years. 2 months and 7 days old. In the year 1S72 he was united in marriage to Miss Elizabeth Lark in at Mt. Pleasant, Iowa. Together they have braved the problems and re joiced in the blessings that life had for them. ' Mr. Messersmith was a veteran employe of the Burlington Railroad company, having worked in this place for a great many years. He took an active interest in politics and civic affairs and has served his com munity with unusual Interest. He held membership in the Knights and Ladies of Security, now known as the Security Benefit Association, and was a member of the First Methodist Episcopal church of Plattsmouth, where he did his portion of the work of the Kingdom. About two years ago he began to fail in health and has not been able to be his usual self since, but grad ually walked toward the setting of life's sun, which came for him on the evening of the last day of July. Mr. Messersmith leaves a host of friends and several relatives to mourn his going, his brother Joel having preceded him. One sister, Mrs. Ho mer McKay, of this city, is left, with the companion of his many years, one half-sister, Mrs. E. A. Peel, of Burlington, Iowa, and their adopted son, Harry, of Council Bluffs, Iowa. Members of the immediate family circle in attendance at the funeral were Mrs. J. Messersmith, of Lincoln; Mr. and Mrs. M. F. Gorham, of Coun cil Bluffs; Mrs. Maud Bunch and daughter, Burleigh, of Omaha; Mr. and Mrs. Carlgan, Havelock; Print Latham, Havelock and Charley Mes sersmith of Council Bluffs. WANT PASSENGER BACK On last Saturday a petition was being circulated to ascertain wheth er or not it was the desire to have the passenger train that went west about 10:30 a. m. to Lincoln and re turned east about 3 o'clock p. m.. This gives the people a better chance to visit the county seat when they desire also to visit Lincoln. It is understood that a large number sign ed this petition. Elmwood Leader- 'Echo. VICTIM OF PECULIAR ACCIDENT. ' I A most unusual accident occurred in Omaha Wednesday morning when Lloyd Leo Feller, five year old son of Mr. and Mrs. L. R. Feller was the victim of a severe electrical shock while standing near the window dur , ing an electrical storm. The lad was j unconscious fcr some time after the shock and several times since has .been stricken with serai-conscious-j ness, although physicians say that at his age the shock will wear off. if he is kept quite for a week or so. Mrs. Feller, mother of the boy, is a sister of Mrs. Elmer Webb of this city .and the family resided here In 1918 when Mr. Feller was employed at the Sharp Machine Shop PLATTE RIVER IS FOLLOWING IN FOOT STEPS OF MISSOURI Efforts to Check Change of Channel Thru Valuable Sand Pits Have .Proven Unsuccessful. From Saturday's Dally. The June rise of the Platte river did more damage at this point than was supposed at the time. The Cour ier made mention of the fact that the river broke through and flowed into the Lyman-Richey sand pits, but the greatest apprehension at the time was that the thousands of game fish planted by the state would escape. It did not occur to anyone at the time that when the waters receded the course of the main channel of the river would continue through the lakes and threaten the destruction of the sand industry at this particular point. So deep has become the channel and so swift the water that it has baffled all efforts to change Its course. For more than six weeks the sand company has had a gang of men at work with a drag line ln an endeavor to check the flow. More than ten thousand bags of sand as well as innumerable car loads of concrete have been dumped into the stream, only to be torn away :r-e chaf. before a Kansas . cyclonei Jt Is said that It has cost the suai company upto date more than $5, 000 in an endeavor to protect their property, and still the waters rush on apparently undisturbed by the efforts of the workmen. A new plan is now being tried, which Superintendent Sundstrom hopes may be successful. Instead of dumping sand bags into the stream as before, he is having them wired together and hopes in this way to prevent them from washing away. If the new plan proves successful he will have the course of the stream changed within the next few days. Louisville Courier. FINE LITTLE GIRL From Friday Dally. Yesterday afternoon a fine little girl arrived at the home of Mr. and Mrs. Frank Shryock in the south portion of the city and with the motheY is doing very nicely. Mr. and Mrs. Shryock have just recently moved here to make their home. F. G. Egr-enbergGr will writ you a policy in the New YOTfc Life Iqjiu ance Co., and look after your Hew York Life business. j2-w Your Contraot With the Fcdorol Reserve! The days when grain was cut with a scythe and bound by hand have practically disappeared. Modern methods have put farm ing on a more efficient basis. . The days when people had to carry their money with them are also past. Modern meth ods of paying by check have simplified and made , safe the exchange of money. Be up-to-date in your financial transac tions! Keep your money in this strong bank and pay by check. The First national Bank THE BANK WHERE PLATTSMOUTH FIRST NEWS OF DEATH RECEIV ED BY RADIO WOODMEN STATION BROADCASTS ANNOUNCEMENT AND CUTS OFF ITS PROGRAM. STROKE OF APOPLEXY CAUSE Mrs. Harding Reading to Patient at Time When End Comes Most Unexpectedly to All. From Friday' Dally. The first news of the death cf President Harding came to this city at a little after 10 o'clock last even ing while the Murray radio concert was being broadcast from Station WOAW in Omaha and the announce ment that the leader of the nation had gone was almost past belief to the listeners. Earlier reports had been to the effect that the president was Im proving and when the news of his death came it was a decided shock to the residents of the community who were on the street. Following tho radio announcement a few morapru came the telegraphic assurance tnnt the report was all too true and that the spirit of the kindly and lovaMo man in the white house had been stilled. The death brought sadness to men and women of all political affilia tions and creeds and was the sole topic of conversation on the strei ts as the sad facts were made evident as to their truthfulness. On learning the news of the death. the rector of the Holy Rosary Cathol ic church in the west portion of tho city had the church bell tolled and this brought to the residents of that LsectioH of the city the news of the death, Father Sueeser, the rector, be- 1 log 9 sreat admirer -of the preelilent. Presidential Headquarters. Palace Hotel. San Francisco, Aug.- 2. War ren G. Harding, president of the United States, died instantaneously and without warning tonight at 7:30 o'clock, a victim of a stroke of apo plexy which struck him down in his weakened condition after an illness of exactly a week. PRODUCTION OF FORD CO. SETS A NEW HIGH RECORD From Saturday Daily. . Production of the Ford Motor com pany went to a new high record for the week ending Tuesday, July 24, during which a total of 40,830 cars and trucks were turned out for do mestic use, the Ford News announc es. This exceeds by 127 the record production of the previous week. The Fordson tractor plant's out put for the week was 1,882. At the Lincoln division of the com pany a new production mark was established with a total of 210 cars for the week ending Tuesday. Advertise your wantfc. YOU FEEL AT HOME NEBRASKA. ENDLYj- gVICEj