Nebraska State Histori cal Society 2 VOL. NO. xin PLATTSMOUTH, NEBRASKA, MONDAY, AUGUST 2, 1S26. NO. 51 Harpster Car Case to Test Out State Law Mortgagee Claims New "Pint" Law Abrogates Confiscatory Power Under the Old Statute. From Saturday's Dally The ease wherein the Nebraska City National Hank is tfie plaintiff anil Sheriff E. P. Stewart is the de fendant, will probably test out in the state supreme court the question as to the constitutionality of the law that covers the taking of mortgaged cars which may be caught In the transportation of Intoxicating liquor, as the attorneys for the bank in the case wherein the fate of the $2,300 car of Mrs. Bota Harpster is involv ed, will attack the power of seizure by the Cass county sheriff on the ground that the state liquor law re cently enacted and known as the pint" law, repeals that section of the Nebraska statute under which the confiscating of cars was authorized. The nniiit of law raised is nn of greatest interest and the staff of at- lia3 been held at the grounds of the torneys for the bank. Judge Paul : Central building during the vacation lessen. A. L. Tidd and C. A. Rawls 0f .season- under the direction of Miss this city, will stress the tjuestion of.Cordeila Fields, will close their ac the interpretation of the statutes onltivities n Saturday and the chil this nhase of the law as to whether' dren spend the next few weeks in or not the law enacted by the last legislature did not replace the prev ious law and thereby eliminate the provision that made autos (whether mortgaged or chattle-free) liable for confiscation and sale, ever since the trial case brought from this county in 1917 to test that phase of the old law. The case was brought to trial yes terday afternoon in the district court and the time taken up by the court in hearing the arguments on the mo tion offered by County Attorney V. O. Kieck anJ William A. Robertson, representing the sheriff. The motion was that as the mortgage held by the bank had not been filed until May 21. 11)26. and the car was taken here by the sheriff on May 14, 1926, the mortgage could not be considered in the question of disposition of the car. The motion was taken under advise ment by Judge Degley rnd a decision and ruling on the matter is expected this afternoon. If the decision is for the defend ant it will probably stop the further trial of the case here while in the event that the motion is overruled the case will go on trial before the court and the attack on the state law covering the sale of confiscated cars on which there are mortgages held by innocent parties will be carried out by attorneys for the plaintiff bank. In the event of the case being de cided here for the defendants, the case will without doubt be carried to the supreme court for the final judg ment of that body as to the constitu tionality of the law involved. The case will be watched with in terest over the state as it is the first test of the law to be made since the enactment of the provision known as tlie "pint" law. ENTERTAINS FOR COUSIN From Thursday's Dally Lnst evening Mr3. P. T Heineman was hostess to a number of friends in honor of her cousin. Miss Celeste Chaplin of Hillsdale, Michigan, who is here to spend some time at the home of Dr. and Mrs. Heineman. The event was in the nature of an evening of bridge and was held at the home of Dr. and Mrs. R. P. Westover where in the pleasant sur roundings of the large and spacious home in the residential section the members of the party found a most pleasing setting for the party. In the playing the first ladies prize was awarded to Mrs. Harvey Gamer while the consolation prize was awarded to Mrs. A. H. Duxbury. In the gentlemen's contest the first prize was awarded to Judge A. II. Dux bury. In for his skill while William G. Kieck carried off the consolation prize. After the games were played the members of the party enjoyed an auto trip to the apartments of Dr. and Mrs. Heineman at the Coronado where a dainty and delicious lunch eon was served that was enjoyed to the limit by all of the members of the party. COURT HOUSE QUIET From Thursday's Daily The court house was a very quiet place today with the large majority of the officials out at Elmwood at tending the big community day pro gram there and the clerks and de puties guiding the destinies of the offices for the day. County Treasurer Miss Mia Gering, County Clerk George Sales and Judge Belgley were the only officials that did not hear the lure of the call of the picnic. Sheriff E. P. Stewart, County Re gister of Deeds Mrs. Shannon, Clerk of the District Court Mrs. Golda Noble Eeal, County Attorney W. G. Kieck. County Judge A. II. Duxbury and ourt Reporter L. L. Turpin were among the officials who journeyed westward to the big picnic center to have a short outing and mingling with their friends In that section of the county. ENJOY BAND CONCERT From Thursday's Dally Last evening the second of the summer band concerts was staged at Garfield park and attended by a very pleasing number of the residents of the city and vicinity were present to enjoy the cooling breezes that reached the park. The program was of the very best high standard selec tions and pleased those who were present. The committee in charge of the concerts will probably stage the next of the concerts on Main street between Fourth and Fifth street. Supervised Play ground on the Last W eek Now Playground That Has Been Supervis ed by Miss Fields to Close Ac tivities Saturday. From Thursday's Dally The supervised playground that preparing for the opening or the regular fall term of school. The playground that was planned and carried out under the auspices of the Parent-Teachers association, has proved one of the most beneficial that has been enjoyed during the summer and the attendance at the grounds have ranged from thirty to fifty with the exception of the very hottest days when the children were unable to get out in large numbers. The work of Miss Fields who has been assisted by a number of the high school girls and Joe Buttery with the boys, has been a very great; assistance in making the playground the pronounced success that it has been. This afternoon the afternoon class-; es will have a hike, the last of the; season of play. i In the closing of the playground j the children are planning on making j Saturday a real event and will stage a parade on Saturday morning from the playground down into the mainj part of the city. On Saturday afternoon there will be a fair staged at the old high school building where there will be exhibits of the handwork of the summer sea son of combined work and play shown and the children are also planning on an indoor circus as a part of the program of the day. The public is invited and should come with their pocket books as the little folks are planning on selling candy at the fair. There will also be held the last of the games and competitive events in tennis, horseshoes and croquet that the children have been enjoying for the past few week3. The children are well pleased with their summer play grounds and de light in fittingly celebrating the close. ENJOYING VACATION DAYS From Thursday's Daily Last evening Mr. and Mrs. Isaac King of Superior, Nebraska, accom penied by Mrs. C. G. Fricke and children, Marion and Frederick, of Nelson. Nebraska, arrived in the city for a visit here with the relatives and old time friends. Mr. and Mrs. King enjoyed a picnic supper last evening at the home of Mr. and Mrs. E. II. Wescott and this morning de parted for Denison, Iowa, where they are to be joined by Mr. and Mrs. W. G. Brooks and children of Bur lington, Iowa, the party then going to Clitherall, Minnesota, where they are to spend the month of August in the coolness of the northland. They will be joined at Clitherall later in the season by Mr. and Mrs. John W. Crabill and Mr. and Mrs. J. E. Wiles and daughters and Edgar Wes cott and the members of the party spend the time there fishing and en joying a general vacation trip. MAKING FINE SHOWING The friends over Cass county of Henry H. Eller, LouisvilM boy, who is a cadet of the class of 1929 at the United States military academy at West Point, will be pleased to learn that the young man has secured a very high rank in his athletic work in the spring track work. Cadet Eller was awarded the academy monogram for the excellent record that he has established, in track work in the spring training. The young man Is a son of Mrs. Charles J. Pankonin of Louisville and was appointed to the military acad emy by Congressman John II. More head, who is very much pleased over the showing that his appointee has made as a line specimen of the young Nebraska athletic stock. In addition to his latest reward, the young cadet has also been award ed class numerals for his work at the indoor meet of 1926, when he won for his class first place in the stand ing broad jump. Advertise your wants in the Jour nal Want Ad Dept., for results. Aged Man Found in Small Creek Near Murdock John Lanigan, Who Has Been Work ing Near Louisville Found by John Eppings in Bad Shape From Thursday's Daily Last evening John Eppings, former Plattsmouth man. e who is farming northeast of Murdock on the Greenwood-Louisville road, had occasion to take his horses to water in a small creek that flows through the farm he is on and when he arrived at tho creek he found an aged man lying in the creek and unable to get out of his unfortunate situation. Mr." Ep pings at once assisted the aged man from his position in the creek and took him to the house where he was given a meal and a cot to sleep on in the barn at the Eppings place. Mr. Eppings also called up the office of the sheriff here and Deputy Sheriff Schaus drove out to bring the aged man in to the county farm where he is now being cared for until it will be possible to have him taken to the University hospital in Omaha. The man is in very bad shape as regards his health and suffering from sev eral maladies that makes his recovery the matter of the gravest doubt. When ,brought here the man was in an exhausted condition and unable to give much of an account of his ex perience, but later after a rest he gave the name of John Lanigan and stated that for the past three years he had been living in this county, most of the time at Louisville where he was in the stone quarries there and at which work he had continued until his health became so poorly that he had been unable to do any more heavy work. He had been wandering over the country and when he reached the creek yesterday he decided that he would secure a drink from the stream and while attempting to get down the bank to the creek had fell and in so doing lodged in the small stream and was unable to get. out again until Mr. Eppings camel to his assistance. As far as known the aged man has no relatives or close friends here and will have to be looked after by the county and iu his condition will prob ably be placed In the hospital at once for treatment. SHOWING SOME IMPROVEMENT From Friday's Daily Mrs. Fred Sydethbotham of this city who was operated upon the first of the week at the Immanuel hos pital in Omaha, is reported as do ing as well as possible considering the serious nature of the operation. Mrs. Sythebotham was suffering for several months from a tumor and which was removed in the opera tion and which seems to have been very successful. The patient has suffered more or less since the opera tion with congestion of one lung which seems to have been of some standing and which is the phase of the case that is now giving the at tending surgeons the greater partof their time to try and correct. The many friends trust that Mrs. Syde botham may soon be able to rally from the effects of her severe ordeal and be on the highway to permanent recovery from the illness that has covered the greater part of the last year. CLARENCE ENGLISH HERE From Thursday's Daily Clarence English, who fifteen to twentj' years ago was one of the bright lights of the boxing world In Omaha and the other towns of the central west, was here for a short time and while here called at the Journal as he is an old time friend of T. B. and R. A. Bates. Mr. English has in recent years been living on the Pacific coast at Los Angeles and has been at Omaha visit ing his mother, who is still making her home there, and is now enroute to Kansas City where he will visit be fore starting back to the west. In the party here were Mrs. English and James Ford, well known Omahan, who will accompany Mr. and Mrs. English as far as Kansas City. In his prime Mr. English met some of the real boxers of his day including the peerless Battling Nelson and was rated as one of the best men that the middle west produced. VISITS IN THE WEST From Friday's Dally Joe Ellington of this city has just returned from a two weeks trip out in the western portion of Nebraska and eastern Colorado, where he was in company with Edgar Morton and brother, Harley Morton, they spend ing some time In looking over the farming localities in the western por tion of Nebraska. Mr. Ellington states that the wheat crop both in Nebraska and eastern Colorado was of the very best and that the yield was from 40 to 60 busheds to the acre and of a very fine quality and which will make one of the greatest crops in the hostory of the dry farm ing country. All local news is in the Journal. LIKES COAST FINE Letters have been received here t from Byron Babbitt, formerly a wellj known ersident here, who is now liv- ing at Los Angeles, California, and; who states that both he and Mrs.! Babbitt are in the best of health and' like their new home very much. Mr Babb "JTlSSStA compa products, a very profitable lino of busienss on the coast. Mr. Babbitt is in charge or ine supervision ot a; part of the working force that pre-j Dares the nits for market uses a? charcoal and also in poultry feed, Has Fine Trip to Crete and J ? 1T ? Tit w D f ZXi fci. Mr. and Mrs. D C. Morgan Home After Very Pleasant Two Weeks Stay There. From Friday's Daily Last evening Mr. and Mrs. I). C. j state left to give the growing gen Morgan returned home from a trip , oration a personal touch with the pist of two weeks at Crete and vicinity i history of the state when the county where they enjoyed a cottage atjwill stil! infested with Indians and Holky's park, five miles from Crete j the white settles were i-brr'r-r ' and spent the time in an outing and j lay the foundation for the present fishing trin that they will long very ! L'reatness of the state. pleasantly remember. Ths park where Mr. and Mrs. Mor - n had ther cottage, "Takeitoasy" ga is one of the natural park3 cf tho state and very beautfiully situted on the banks of the Blue river and where Clell spend a good part of the time in fishing. In, the park was olco o nil r Itfiv f r4"i cy r fr t l ,' til 'if were owned by private individual.-! tho old time rs as well as the coming as well as the cottages belonging to generation. the park owner, who leases them tn As is the custom, a very interest th t, nf ti,e MrV. One of the I ins program is being arranged for j. i t t-. tt - i cottages was owned by E. H. Schro- der, prominent Lincoln political leader and relative of Mrs. W. L Street and Mrs. E. II. Wescott of this city while Mr. and Mrs. Fred Dudley, well known Weeping Water residents and the former a relative of Mrs. Edna Shannon of this city, has their home. , ' While at Crete Mr. and Mrs. Mor gan enjoyed the opportunity of visit ing the reunion of the Spanish war veterans and where they met James Manners of Alvo. one of the veterans and a number of acquaintances from different parts of the state. Congress man Morehead was a speaker at this meeting and also was a guest togeth er with Mrs. Morehead of the Mor gans at luncheon. There is a store at the park for the accomodation of the campers and dances twice a week that add to the social life of the colony there and as a whole Mr. and Mrs. Morgan found that the park was one of the very nicest that could be found in tho state and they will long remember their vacation trip spent in the at - tractive surrountings of Holky's park and of the pleasant little city of Crete. PLATTSMOUTH BOYS IN ARMY From Friday's Daily Two well known Plattsouth boys, home community. Wilbur and Kenneth Eoetel, the sonsi in speaking of the forthcoming mar of Frank Boetel of this city.are now !rjaee the Houston -Chronicle has the serving in the ranks of Uncle Sam following: as members of the 17th infantry. "Mrs. Elizabeth Barbee Abbott an Wilbur is just past eighteen and nounccs the engagement and ap Kenneth, seventeen, and the two proaching marriage of her daughter, young men decided that they would Mary Ella, to M. Leslie Kerr, son of see the world as members of the army i Mr. and Mrs. M. S. Kerr. The wed- and accordingly while in Omaha en listed at Fort Crook in the crack 17th infantry. The boys have been sent to Fort Leavenworth where the company to which they have been assigned is en gaged in part of the training for the C. M. T. C. that is being held at Leavenworth from August 1st to 31st and which will give them a real ex perience in the work of soldering. CANDIDATE FOR CHIEF JUSTICE HERE TODAY From Friday's Dally This morning Judge Charles A. Goss, one of the members of the bench of the fourth district at Omaha, was in tlif citv visitinsr with a number of. the old time friends and also ap - nmnrhinir tho vntprs in tho internet of his candidacy, as the Judge is one nf tho r-nndidntps fnr fhiof i.icticn mdidates for chief justice! their six sons are resiaing in equ ate supreme court against ' fornia and taking advantage of tne tice Andrew M. Morrissey. j occasion of their return from the west ial candidates have the ad-, they stopped here for a visit with the of the state Chief Just The ludieinl vnntnoo nvor lha nth or r"itidifl'it. thai they can approach anv person, regard- less of politics. The race for the' chief justiceship will undoubtedlv bo between Judge Morrissey and Judge ' r.m t tho Vnvomhor oiotinn J SUFFERING FROM HAND From Thursday's Dally Fred II. Vincent, well known em ploye of the Burlington in the local , shops, Is taking an enforced vacation of Mr. and Mrs. S. A. Wiles, was oper as the result of an abcess that has ated on at the office of Dr. H. C. Leo developed in the palm of the left , pold for the removal of her tonsils hand, the abcess forming as the re-'that have for some time past been suit of a bruise that Mr. Vincent giving her a great deal of annoyance j susutained at his work and the abcess and the patient was able to return being formed where it has made nec- home very much improved in health' essary the temporary laying off of and in a few days it is hoped will be1 Mr. Vincent as the affected hand has able to be over the effects of the oper-j been lanced and is very sore and ation and restored to her former ex painful. . cellent health. J Old Settlers eunion is Next Big Attraction 'Ana Gathers of the 0M Sttl oi vzoc ana uass uojnnes to be Held August 20-2 1st The old settlers of Otoe and Cass counties will hold their annual re- j union on Friday and Saturday, Aug- , ( lU.J'MI Jil 1' I J'lU.V U II 11 QUI! ust 20th and 21st, at Un the event has been held I n ion, wheiv 1 since the i first reunion in 1S8S, the event nl jways attracting a largo number of i people from all parts nf the tv o ! , counties to gather and spend the time in visiting with each other and Unjovinc the opportunity of meeting 1 real oim nine rcfiut'ius oi nic j county v.no nave liven no re ior yiiub. many since the very foundation ot ''ip stat. i ne reunions in laie yeuis nue marked the fast going pioneers of Nebraska and Cass county and there are now but a scattering few of the !rrand old men and women of tho ! Among the earliest residents of the state were the pioneers of Otoe and i Cass counties and in the vicinity of Union settled many of the early pio noers who came west of the Missouri river to establish their homes and it is fitting that the reunion be held there with associations of the past to make it doubly interesting to all the two davs v.' hu-h will provide en- 'UlV'? ' . 7 . r. l old -Hike and during the two days of the re ll'I UtUIlliriit jvv.(-, union the village of Union will be a scene of festivity and excitement as the crowds come and go to enjoy the big event. The short distance from this city assures that there will be a largo number of riattsmouth people in at tendance at the reunion and to enjoy to tho limit the festivities that have been arranged by the committee ' in charge. TO BE MARRIED IN TEXAS The Plattsmouth friends of the Aferrit S. Kerr family, old time resi dents here, will be interested in learn ing of the forthcoming marriage of Miss Mary Ella Abbott to M. Leslie Kerr, son of Mr. and Mrs. M S. Kerr, the weding to occur at Houston, Texas, where the Kerr family have "i:i;le their home for a number of I years. Tin crnom was born In i'latis- rpniith t went v-f our vears ago and is a ! pinrtgon of Mrs. S. E. Kerr, one of ! th( olJ an(j 0V((i residents of this ! citv and a nephew of Mrs. James ' Rishcl of this city. Mr. Kerr is a civil engineer ind is now engaged with the engineering department of the city of Houston and is a young man of the highest standing in his ding will take place September 2, at the Heights Baptist Temple, the hour of the ceremony being set for 8:15 o'clock." ENJOYING VISIT HERE From Friday's Daily Henry McAllister and wife of Re public, Missouri, are here enjoying a visit at the home of Mrs. Mary Bur rows and with Lester Burrows and wife, Mrs. McAllister and Mrs. Mary Burrows being sisters and the oppor tunity for the sisters to visit each other has been enjoyed to the utmost. It has been most fortunate that Lester Burrows has also been enjoying his vacation at this time and to enjoy the occasion of the visit of the uncle : and aunt to tne lunesi exieni. I Air. and Mrs. McAllister have been ' visiting on the Pacific coast where their six sons are residing in (.aii- : relatives and friends. During their stay in this city Mr. and Mrs. McAllister have enjoyed the opportunity of many pleasant visits at Auburn. Lincoln and the nearby cities with other relatives, makig the trip i the auto of Mr. Burrows. HAD TONSILS REMOVED From Thursday's Daily This morning Miss Helen, daughter STILL CONTINUES POORLY From Friday's Daily The reports from the Immanuel hospital at Omaha indicate that Louis Kroehler of this city who has been there for the past several days is still in very serious condition and his case seems to be much more ser ious than was even thought at first as the examinations of the patient have disclosed a very serious condi tion that will mean a long course of treatment before the patient can commence to show any definite signs of improvement. lig Community Picnic at Elm 's 7T! 1 wooo imirssay Very Large Number Present and Great Interest Shown in the Entertainment. From Friday's Daily Eimwood was the center of attrac tion of practically all of Cass county j'CLierday on theoccasion of the big community day that was staged by the residents of that community and ?n vhioh nil of the residents for many miles around joined. The observance was held in the city and from early in the morning until late at night the crowds were in evi dence on the street, , all enjoying themselves and having the time of their lives in the hospitality afforded by the residents of Elmwood. The Weeping Water band furnished a fine program of music during the course of the day, the concerts being held at the school house grounds. A big parade featured the morning por tion of the program and was one that was a real credit to the city. The picnic party had the opportun ity of hearing an address from Hon. A. J. Weaver of Falls City, one of the outstanding figures in the state and whose address was well worth the journey to Elmwood to hear. In the program of the day there were two ball games staged. Green wood and Palmyra, while Weeping Water and Elmwood battled for the honors of the second game. The. water fight that was staged be tween Weeping Water and Elmwood proved a draw as the water pressure was low and did not permit the fight 3rs to do their full amount of fighting that they had come prepared to show. The celebration a.1 a whole was one that Elmwood and its people can feel proud of and which they carried out to the fullest extent in the entertain ment of the guests from all sections of Cass county. There was a large array of candi dates present, practically all of the seekers after the suffrage of the voters being in evidence and present ing their case to the voters, both male and female. CHANNEL DEFEATS 0LAF Boulogne, France, July 29. The English channel has defeated Olaf Farstad. Norwegian swimmer. He started at 10:43 o'clock yesterday morning at cape Gris-Nez to swim across to Dover, but was forced to give up the attempt at 3 o'clock this morning. Phone ns the news. a "Dress Up" Your Financial Transactions by writing a clean, crisp individual check whenever you pay out money. There's an extra measure of satis faction in paying by checks if your checks bear the name of this sound, friendly, highly regarded bank. We will welcome your account. The First Mtional Bank The bank whre volj feel at homh PfJVTTSMOUTH Change Made in Burlington Store Dept. C. E. Swanson of Casper, Wyoming, Here to Take Place of W. F. Hun eke, Former Storekeeper. From Friday's Daily This morning J. (J. Stewart, gen eral storekeeper of the Bui linntoii. arrive-d in the city in company with 'a number of the minor officials of the department and also C. E. Swan son of Casper, Wyoming, who comes to this city to take the position f storekeeper at Plattsmouth in suc cession to W. F. Huncke. who ha just resigned his position here. The new storekeeper has been on the Casper division of the Burling ton for some time and has a very clear knowledge of this department of the railroad work and should make a very capable successor to Mr. Hun eke, who has so capably filled the office of storekeeper here in the last few years. The change in the office has been pending for several days but it was not until the arrival of tho new storekeeper here today that the local office was aware of the gentle man that would have charge of their work In the future. The store department here handles large amounts of supplies each year for the various places on the lines west and is one of the most import ant positions for the railroad work in this part of the west and requires a great deal of ability on the part of the man holding the position. The friends of Mr. Huneke and his very estimable family will regre t to learn of the change that may pos sibly mean the removal of the fam ily to some other point if Mr. Hunc ke decides to continue his railroad work. In the years that the Huneke family have lived here thy have been prom lent in the social and religious life of the community and have by their work and assistance been a votal factor In the community life that will make their absence keenly felt if Jhey should decide to leave this city to seek a home elsewhere. Mr. Hun eke personally ha enjoyed the warm est friendship of a large part of the residents of the community and has always proved a genial and clever gentleman In every way and one that has to a marked degree the esteem and respect of all those with whom he has come in contact. ENJOY FRIED CHICKEN From Friday's Daily Last evening Sam Moye, the pro duce dealer, was the host at a very delightful fried chicken dinner that was held at the Hotel Perken3 and enjoyed by some five of the friends of Mr. Moye. The chicken had been prepared In true southern style by Mr. and Mrs. Brantner. the proprie tors of the hotel and with the nrray of other good things provided made the event one of the greatest pleas ure to all of the members of the party and the occasion will be one that all will very pleasantly remem ber in the future as one of the most delightful events In recent weeks. All local news is in the Journal. year of Progress! NEBRASKA. par. I