Nebraska State Histori
cal Society
BARGAIN
Wednesday
EDITION
BARGAIN
Wednesday
EDITION
vol. no. xim
PLATTSMOlfrH, NEBRASKA, MONDAY, MARCH 14, 1927.
NO. 11
J
K. T. Highway
Again Brought
Into Litigation
C. L. Stull Aks Restraining Order to
Stop the Construction of
the Highway.
From Thursday's Daiiy
The new King of Trails highway
which has been . parliolly completed
u cross the Platte bottom, on the
farm of C. Lawrence Stull, north of
ihis city is again to face a series of
lawsuits that will further hamper
the completion of this much needed
roadway that will link up the good
roads from Omaha to Kansas City.
An application from Mr. Stull
through his attorney in the federal J
court at Lincoln yesterday afternoon I
for an injunction to stop the fur-1
ther work of making the roadway
tmr.ugh the Stull farm war grantee
temporarily.
The injunction applies to the state
department of public works, State
lgijeer Cochran, District Engineer
V.. 11 Douglass and tne county of
C es and enjoins them from further
w irk on the road utnil the hearing
i-i hart on the matter. The court has
;: Friday, March ISth, as the date
of ihf lulling of the case and to de
termine whether or not the injunc
tion of Mr. Stull be made permanent.
The road on which the injunction
is sought is that portion laid, out
across the farm of Mr. Stull along
the line of the Missouri Pacific rail
road, and which it wa3 expected to
get in shape for travel the coming
summer. This roadway was selected
by the state and federal road mak
ers as being a hetter route for a
highway and escaping the mud that
makes the road on the bottom east of
the new road, a mud hole a great deal
of th
.c 1..,.- w.. aVVKw.
state
3 oepartment of public works to
the board or county commissioners
the matter was taken up and the
offer made by the county to Mr. Stull
for the purchase of the roadway and
was refused on the grounds of not
being sufficient for the land. Apprais
ers were then, appointed and set the
value of the land that would be
reeded at $1,800 and which sum has
since been repaid the county by the
state for the value of the land.
In the case here, the decision was
iu favor of the state and county as
to the value of the road and the work
on the highway was gotten under
way in the late summer after a long
delay due to the litigation, which
was followed by considerable bad
weather that did not permit the work
to be completed and which now seems
to be tied up again for an indefinite
period.
Mr. Stull in his application for the
injunction alleged that the act of
taking the land for the roadway is a
violation of the . constitutional right
of the owner of the land, in taking
the pioperty without regard for the
lights of the owner, and that the
price paid was insufficient for the
land and that the whole proposition
is one in which the owner of the
land should have declared null and
void.
GIVES INSPIRING ADDRESS
From Thursday's Daily
The musical department of the
Plattsmouth Woman's club met yes
terday at 'the home of Mrs. E. H.
Wescott on high school hill and with
a large number of the members pres
ent. The address of the evening waa by
Miss Vyral Fosler of the city p v-il.-whe
took as her subject that of "Or-
chestra," explaining in detail tho i
different instruments that were used !
in orchestra work, their purpose, the J
seating of the various players with
regard to the sound effects and as
well by charts showing the different
instruments and their uses.
Miss Fossler also carried on sev
eral tests as to sound judging by the
members of the club in which they
were asked to pick out the different
instruments as selections were play
ed on the Vivtrola.
The meeting was one of the most
profitable that the music department
has enjoyed and when the members
departed for their homes it was with
the feeling that it had been a real
treat to them all. Miss Fossler gave
a real contribution to the study of
music that has been one of the most
valuable that the club ladies have
ever enjoyed.
R. L. PROPST DOING NICELY
From Friday's Dally
The many friends of Mr. Robert L.
Propst will be glad to learn that he is
progressing nicely from his opera-
tion on February 22 at the Good Sam-
aritan hospital in West Palm Beach.
He returned to Lake Worth Thursday, ; From Thursday s Dally -March
3. where he is rnakins hisj The ,ocal Woman.g club hag
home with Mr. and Mrs. Charles E. -prvord as favnri.nsr iho tr.
, . ,
Mr.
Propst is expecting to go to
Omaha as soon as the weather warms
up enough to allow his going, for a
second operation. Miss. Mayola D.
Propst, who is in Havana, Cuba, will
accompany her father north. Lake
Worth Leader.
. . .lit being adopted by the 'legislature
Advertise yonr wants in the Want f0r the benefit of tho Nebraska teach
Ad column for quick results. ers.
SUES FOR $5,000 DAMAGES
From Thursday's Daily
This morning in the office of the
clerk of the district court there was
hied an action entitled Wallace Walk
er vs. Martha Gakemeicr in which
the plaintiff asks damages in the sum
01' $5,000 for the failure of the de
fendant to complete a contract alleg
ed to have been made for the rental
of farm land of the defendant to the
plaintiff. It is alleged that on August
-I, 1926 the plaintiff and defendant
entered into an agreement as to the
rental of a farm from March 1, 1927
to March 1, 1928. That the plaintiff
had moved part of his personal prop
erty onto the farm of the defendant
ai'd that the defendant had then
rented the farm to another party and
to the great loss of the plaintiff.
The plaintiff asks damages of $5,000
as the result of the breach of con
tract.
Woodmen Hold
Great Meeting
in This City
i
Present "The Honr Glass" to a Large
Audience cf Several Hundred
Persons at Hall.
From Friday's Daily
lilt; I'lLacuioiiuu ui iuf mvsiiuii i;t-
rure "The Hour Glass" a picture
showing the progress and work of
the Modern Woodmen of America, was
witnessed here on Wednesday ' eve-
ning bv an audience of some 300
members and their families and
friends which was a part of the great 11 cost one firm here $3.00 to de
rvpnine of entertainment that the liver a ton of coal on South 9th st.,
local Woodmen had arranged. ,
The local camp had secured this in-
terfstincr Dicture and invited the
members and friends' in to have a
1 evening and to see in the
)ictures some of the things
motion pictures some of the things
ttat tile woodnien are doing at this
time. j cculd even make the street. That
Tlie film showed the views of the would be a fino proposition for Platts
sanitorium at Colorado Springs, Colo-;muth. This matter of the condition
rado, where the M. W. A. has con-! of some of our streets, especially in
ducted a great fight for the past the south side of the city is a vital-
fifteen years against the great white
plague and with the greatest of re
sults in saving the live3 of thous
ands of the members from the dread
consumption
There were also views
Of the state camp at West Point andisome of our most talented women.
with a filmed representation of the sure to se it: He must be a fas
initiation ceremonies of the M. W. A. 1 cinating old, long whiskered char
During the evening the Jolly Four';acter te have such a hold today! Per
orchestra composed of Marjorie ArnJ sonally wouldn't trade one verse of
Jean Caldwell, Vernon Am, Jr., and; Whittier's "The Eternal Goodness"
Catherine McClusky. gave a very! for the "hull" of King Lear! Nor a
pleasing program of musical numbers I verse of the Rubaiyat, or The Psalm
that added very much to the interest of Life but then it's all a matter
of the occasion and proved a real hit! of taste! Even Walt Whitman in
with all of the large sized audience ; his crude peculiar "O Captain, My
that was present to attend the occa-
sion
The Modern Woodmen have lone :
been one of the leading fraternities!
of the city and have a very large.
membership in Plattsmouth and the
surrounding territory which they can
well feel proud of and which hos had
a steady growth each year among the
residents who find in this order pro
tection and fraternal association.
ST. MARY'S GUILD MEET
From Thursday's Dally
Yesterday afternoon the members:
of the St. Mary's guild were most
pleasantly entertained at the home
of Mrs. J. S. Livingston in the Coro
nado apartments and with an un
usually large number of the mem
bers in attendance on the occasion.
The ladies spent the time in sewing
on many articles of needlework and
r.lso in the discussion of the plans
of the society for the cominer vear
and for the advancement of the work
of the church in the community. The
ladies also planned in the "supper
that will be served to the men of
the church on next Tuesday evening.
At the close of the afternoon Mrs.
J. S. Livingston eerved dainty and
delicious refreshments that came as
the fitting close of a very delightful
day.
SUFFERS FROM POISONING
From Thursday's Daily
A. R. Noble, well known railroad
man, is at his home here suffering
from a case of ptomaine poison which
he suffered while cut on the road on
his run. Mr. Noble was taken sick at
Omaha on Tuesday night and in ser
ious condition for some time but was
able to recover sufficiently yesterday
to come on home and will recuperate
here. The illness has been a severe
strain on Mr. Noble and he is still
quite weak from the effects of the
illness. It is hoped the patient may
be able in a few days to throw off
the effects of the illness,
.
FAVOR TEACHER TENTTRP.
' - - - 0 WU-ll.l 3
ure act which is one of the measures
EOW before thd lcgfslature and
which a great deal of interest is be
ing taken over the state. The club
at their meeting on Monday voted to
send to the Cass county representa
tive and the. state senator their in-
Public Service
Requires Purely
Unselfish Work
Secretary of Chamber Also Discusses
the Condition of Streets in
South Part of City.
Who is your favorite writer? Who
is the greatest thinker the world;
has produced.' Who is your favorite!
philosopher? - What is your favorite!
poemr wnai is your iavorue dook
of fiction?
Will Durant in The American
Magazine names his choice of the
world's ten greatest thinkers they
are; Confuscius, Plato, Aristotle,
Thomas Aquinas, Copernicus, Bacon,
Newton, Voltaire, Kant and Darwin.
He also gives another list that would
run the first ten a close race: Democ
ritus, Epicurus, Marcus Arelius,
Abelard, Galileo, Spinoza, Ieibnitz,
Schopenhauer, Spencer and Nietzsche.
The above two paragraphs were
written Saturday last for today's ar-i
ticle and was especially delighted!
last night to hear a most brilliant!
sermon wherein the question was I
raised why Jesus was ommitted from'
this list of thinkers. It was most j
ably shown that Jesus as a philos-
opher and aUhiuker. ranked ahead
of any of these men from the speak -
crs view-point. There is much food
Ior interesting ana nouest tnougut; hvjuk room ui me uu.;ip, ut-am xiav
nis Place as a philosopher, we cer-jing evidently come as the result of
tainly agree with the speaker. very sudden attack of heart trouble.
last week on account of the deplor-
able impassable, disgraceful condi-
IIon OI inai city street, une resident,
on that street had to be pulled out
of the mud holes last night; today,!
i there were a fire it would be very)
questionable whether the fire truck
ly serious one.
Old King Lear comes into his own
this week by being resurrected and
re-acted right here in Plattsmouth by
Captain," gives us more kick!
Oh, Friends, with whom my feet have
trod,
le quiet ailes of prayer.
And love, of man, I bear.
I trace your lines of argtiment
Your logic linked and strong.
I weigh as one who dreads dissent,
And fears a doubt as wrong.
But. still my .human hands are weak
To hold yourMron creeds.
Against the words ye bid me speak,
My heart within me pleads.
Whlttler.
We should appreciate the aggres
sive action being taken by the
World-Herald in its efforts to clarify
the Inter-State - Bridge program,
which certain Omaha interests are
trying to defeat.
Corporation lawyers and political
bias, and newspapers working in
secret, with mis-leading publicity,
are the three greatest enemies known
to honest and unselfish progress.
Those who favor honest open prog
ress, for the good of all, instead of
a few selfish private interests, have
to ever be on the alert and working
day and night to prevent the triumph
of such interests, thru the use of ex
pert technical, lawyers, and a bought
press.
W. G. DAVIS,
Secretary.
MRS. McELWAIN IMPROVING
From Friday's Daily
Mrs. S. E. McElwain, who'has been
suffering for the past week from the
effects of her injured hip which she
sustained in a severe fall at her
home, is now showing some improve
ment and is able to rest more easily
than she has at any time since the
accident. The condition of the aged
lady has been much more encourag
ing to the members of the family and
it is hoped that with the present
rate of improvement the patient may
soon be able to regain some strength
and rally from the effects of the
shock that at her age has proven a
severe strain on the patient.
MARRIED AT COURT HOUSE
From Thursday's Dally "
Yesterday afternoon at the office
of County Judge A. H. Duxbury oc
curred the marriage of Harwin B.
Wright of Omaha and Miss Dora
Phillips of Boulder, Colorado. The
marriage was witnessed by Donald A.
Tracey and Helen G. Tracey.
P0LIYANNA CLASS MEETS
Prom Friday's Dalty
Last evening the members of the
Pollyanna class of the First Meth-!
odist church of which Mrs. W. II.'
Holmes is the teacher, met at the!
home of Miss Gladys I atton and who I
was assisted in entertaining by Mjss
Senna Woodruff. I
The occasion was one of the great
est interest and after the business '
session the members of the party ,
turned the event into a most de-1
lightful social meetirg. The timo
was spent in playing games of all
kinds and in which a great deal of-
enjoyment was derived,
At the tiose of tne evening daint-
i refreshments
were served by the
hostesses that completed a most
pleasant event for all cf the members.
Mrs. S. H. Shoe
maker is Found
Dead at Home ;
CnJJe Tlnnrl HorV TTa A VmA on 1 T
r "t, " ' . J
Proven Fatal to Old Time Resi
dent of This City.
Froix Saturday's Uaiiy
This morning at 11:30 when S. II.
Shoemaker returned to his home at
11th and Oak streets, after a short
! business trip to the mam part of the,
. - - ,
' city he discovered the body of iurs.
i Shoemaker lifeless on the floor of the
mrs. onoeiiianei nua uct-ii vtiy puui -
. e-i l i 1. . 1.
ly for the past three weeks but had! T10 pia;ntiff through his attorney
been growing some better and in the j presented the deposition of the lat'y
last few days was able to be up andithat onerated a rooming house at
nrounu ior a part or tne time ana mis
'"'""h .iu one -il u. feiCt ""
better and was able to sit up and en-;
joy her breakfast with the husband
and as she seemed so much improved
the husband decided to run down to
the main part of the city and attend
to some business. On his return a
few hours later he was horrified to
discover the lifeless body of the wife.
Mrs. Shoemaker was sixty-three
years of age on the second of Febru
ary last and has been a resident here
for a great many years. She is sur
vived by the husbat,1 end one son,
Claude Shoemaker, of Los Angeles,
California.
There will be no funeral arrange
ments completed until after the ar
rival of the son from the west coast.
it being expected that he will start at
once for this city.
SECURES CLUB MEMBERSHIPS
From Friday's Daily
Secretary W. G. Davis of the cham
ber of commerce has been not only
a very busy man in looking after
the affairs of the office that he holdj.
in answering letters, conducting in
quiries as to industries and other
lines of work that might add to the
improvement of the city, but as well
has been the premier worker in the
securing of memberships for the club.
Mr. Davis has added twenty-nine
new members already to the 1027
list and had all of the members show
ed this great interest by soliciting
and securing even one apiece there
would be a record breaking mem
bership of the Plattsmouth chamber
of commerce and one that would
greatly aid to the ability of the or
ganization to do things. Everyone
in the chamber of commerce should
get into the campaign to secure
members in the city and surround
ing territory that would aid in mak
ing the year a real success in get
ting a fine, large chamber orgnaized
for active work. The two latest ad
ditions to the chamber of commerce
has been County Judge Duxbury and
County Attorney W. G. Kieck who
have entered the fighting ranks of
civic boosters.
M0NSIGN0R SHINE IMPROVING
From Friday's Day
The reports from the St. Cather
ine hospital in Omaha states that
Monsignor Michael A. Shine, rector
of the St. John's Catholic church pf
this city is now showing a great deal
of improvement and which is most
pleasing to the many friends of the
rector in this city. It is believed now
that Monsignor Shine is out of dan
ger and should continue to show im
provement in his case. Monsignor
Shine has been in poor health for a
number of years and his friends oret
the state will be delighted to leant
that he is now showing signs of im
provement that may lead to his per
manent recovery and make it pos
sible for him to resume his usual
activities.
PURCHASES FARM
From Friday's Da
Robert Troop,
Jr., well known
cattle man of near Mynard has Just'
become the owner of a fine Cass coun-j Austin to work for him. I acuce 19 nereoy given 10 ail per- , i jk i f
ty farm in having purchased the farm! At 5:30 the court adjourned untiljsons who may have claims against y JJdyill, llUUlcU lllltl
of George W. Rhoden in west Rock , morning as there were several wit-ihe First National Bank of Platts- GSt Oil VOUl' Savings'
Bluffs precinct, a very choice farmesses that Mr. Dwycr. attorney for' rttVl -iv-a-Va w rt. caT,1P
and one that Mr. Troop will find the defense stated he wished to have TTi " . " ,
very well suited to his avocation as called and whose testimony woi:l J EluSt be presented to I red iiuersetta,
farmer and stock feeder. The farm be pertinent to the case and ths 1 Receiver, with the legal proof there
is one of 160 acres and is well sit- COurt then excused the jury until th3;0f, within three months from this'
uated for the general farming pur- morning. I v A;iinmA i
poses.
Bead Journal Want Ads.
Union Case Holds
Center of Stage
at Court House
Alienation Suit Keeps Close Atten
tion of Court Rcom Through
Lcng Day.
From Saturday's Daily
The case of Louis Stoltenberg v:
Charles Katl
all of the details of the unveiling of
the domestic differences of the Stol
: enberg family and in which Mr.
Hathaway, the defendant in the ccse
;has been made a party,
i After the noon reec:-s yesterday
when Mr. Stoltenberg detailed his var
ious experiences in the alleged alien
ation of the affections cf hi3 wife, by
Mr. Hathaway, the plaintiff called
to the" witness stand Lem Austin of
' '
Nehawka, who claimed to have driver
I tne wile or the plamtili and JUr.
j Hathaway to several places in this
section, notably Shenandoah, Iowa,
and Omaha. The witness testified to
(having acted as the pilot of the r ?r
ia which the two-had ridden, going
to Peru and meeting the lady there
and thence going to Shenandoah
j - - -
j where the party had remained over
the night as the witness claimed and
- ;ais?o testirying or an auto trip to at
ajraRfa city where the witness alleg
Cti he had a date with the wife of th
1 . .
, nlamt ill ill the case
j Shenandoah. Iowa, relative as parties
stopping there which was offered tc
support the testimony of Mr. Austin
in the case. The deposition had both
the direct and cross-examination of
the lady and which disclosed the fa:.'!
that there had been a number of
parties at the hotel but the register
failed to disclose the names of the
parties from this county who were
involved in the action.
Mrs. Bonnie Larue, of Omaha, for
merly of Union testified, to having
seen Mr. Hathaway arGund the Stol
tenberg home at Unicn on several oc
casions, and of Orval Hathaway com
ing there while his father was at the
house and not gaining admittance
had started away when the father
had come out and the two had con
versed. On cross-examinaticn the wit
ness stated that she had known of
tho house being repaired and
repainted and that the Hathaway's
had done the work.
A Mr. Willits was called and testi
fied to seeing Mr. Hathaway, Lem
Austin, and a lady and little child
ride past his home on two occa
sions in the morning. On cross ex
amination the witness stated that he
knew the farm of the father of M.r
Hathaway was ia that locality.
, The plaintiff rested at 4 o'clock
and the defense at once took up their
part of the trial of the case and the
first witness called was Orval Hath
away, son of the defendant, who
testified as to having gone to the
Stoltenberg home in the spring cf
1926 where he and his father were
doing some papering and painting.
As to the timbe the door was net
opened Mr. Hathaway testified that
there had been a ladder placed
against the door to use in the paper
handing and that this had delayed
the opening of the door. The wit
ness stated on cross-examination that
he had never cautioned the father
against any attention to the .wife of
the plaintiff.
Miss Alma Kohrell was called to
the stand and testified to having
visited Omaha and a theatre party
that included Mr. Hfthaway and Mrs.
Stoltenberg, that there had been
nothing wrong in the affair and thai
the defenrlant had accompanied the
party on the urging of the other mem
bers of the praty. Witness testified
that Mrs. Stoltenberg had borrowed
clothes at frequent intervals of Mrs.
Boggs to go to church and oth?r
places as she had not tha proper gar
ments to wear to such places in tho
opinion of the witness. Sie had seen
or heard nothing improper or cf an
affectionate nature between the par
ties. On cross-examination the wit
ness denied remembering any testi
mony at Tecumseh in the Stolten
berg divorce action as to Mrs. Stol-
enberg stating that she had an ae
count at the Union stores and could
. ii 'i.ai no n.-'u i;one uown into i:ie m
at the court hons-s yesterday ?.n as) . - .. l? , . .
,, . , , . .part of t:;e town and engaged m a
a elrav. ing card was equal to even i - , , , , . ,
' i game of cards and had not returned
the attractive Fellies, the auditor"! ... , , . ,, , . . , , ,
,. . , , , , . ,. -luntil late to the hotel and had a sc-
that c-iickcd the standing room of i . , , . , ,
fv, ,h,,,i 4V..!,,. ... ...... i Parate room. The defendant also de-
nit iioit it l i,'. ui l lujiu ., n:M l ci . i i t
sign checks with her husband's namo. has no state law to cover the matter'
Herman Ross of near Union testi-) asi(j0 fr0m the law that covers the
fied as a rebuttal witness against the!state banks and which has prevented f
chief witness of the plaintiff, Mv; tho county attorney from making
Austin as to his reputation in in; i
community. Other witnesses brought j
a i j j If -k T.
to impeacn tne testimony ui vu.;
Austin as to his reputation in nisi
community was Ray Becker and o i
cioss-examination Mr. Becker staled .
tiiat nis opinion was oaseu ou iuc.ni mnrf
fact cf a breach of contract for Mr.f"1' . ,
At the morning session today the,
defendant, Charles Hathaway was'
placed on the witness stand in his,
own behalf and entered a denial of
the charges that were made against
him, denying that he had in an;.
manner interfered with tho domes
tic relations of the Stoltenbcrg fam
ily. Mr. Hathaway in reply to the
estions of h's attorney described
fact of his being in Shenandoah
i Iowa, at the time that Mrs. StoHer;-
berg was there as occurring when
they had met her in Nebraska City
on tho streets and she had been in
vited by Lem Austin to go with them
to Shenandoah, to seek work there.
The defendant denied having been at
the hotel with the wife of the plain
tiff as had been alleged and stated
nied hiving been at Omaha or other
places with the wife of the plaintiff
or that he had any affection for her
or desire to have her separate from
the husband.
Mrs. Ida Stoltenberg waa called to
the stand and stated that she had
left her husband on the date of May
11, 1920. that Ehe had met Lem Aus
tin while at the post.offico at Urion
and that he had told her he was go
incr to Nebraska City and she had
askc-d him if she could go there to
get fh train to Teeum?eh. She had
taken her daughter and some hand
baggage. Witness told Austin was
leaving her husband. She had told
A'.:r-t:i to hring her other gootls to
Nebraska City and ship them to Te
cumseh but he had paid he would
bring them to Tecumseh that night.
Witness had not seen Hathaway at
that time. Witness had tried to get
work at Tecumseh but failed and gone
to Nebraska City later to try and get
work at the Frontier hotel, this be
ing on May 13th. She had not fount1
work there and was walking aloni'
the main street at Nebraska City
when Austin came along and asked
what she was doing. Austin and
Hathaway were in the car, and they
had told her they were going to
Shenandoah and Austin had said,
she might get work there. They had
gone on to Shenandoah and in cross
ing the bridge she had paid the toll.
They had gone to the Mclntire hotel
and witness had asked for room for
herself and child. Witness stated
she had not seen Hathaway any more
that night after securing room. Had
gotten up at 7 a. m. and gone to the
dining room; Austin was eating
breakfast. Hathaway had come in
later. Witness had paid ?2.25 for
room for herself and child. Mrs.
Stoltenberg had then returned with
the others to Nebraska City and gone
on home to Tecumseh. ''Hatl asked the
people at the hotel as to work at
Shenandoah and was informed that
it was scarce and especially for c
woman with a child. Witness stated
as to attending dnce at Murray. Mrs.
Stoltenberg stated that she had gone
there with Mrs. Boggs nad Miss Koh
rell at their suggestion and they had
asked Orval Hathaway to drive them
there. Mr. Charles Hathaway hac1
paid no attention to witness there or
at other dances or entertainments'
On cross-examination by Mr. Robert
son Mrs. Stoltenberg stated that she
had not called Hathaway to make
repairs at her home. Witness stated
that she had credit at the Union
stores, when first married had tlrawn
checks on her husband's account. The
husband had not stopped her credit.
Had not told husband she was leav
ing home for good on May 11th. Hus
band had come later, to Tecumseh to
try and get her to return home. Wit
ness denied that Mr. Hathaway had
accompanied her to or from dances.
The final testimony and argument
is starting as the Journal goes to
press in this suit for damages.
STATE LAW DOES NOT APPLY
County Attorney W. G. Kieck hasi
had many inquiries as to the status
of a national bank accepting deposits;
when the bank was in an insolvent
condition and has made a very thoro
inirfe'tifration of the matter as to
the Nebraska law that applies to thisj
acceptance of deposits. Mr. Kieck has
had a letter from the office of the at
torney general that gives some light
on the proposition.
The office of the attorney general
holds that the operation of the na
tional banks is under the laws pre
scribed by congress and that the laws
that govern Nebraska banks do not'
apply to national banks in this phase
as the banking laws are made for
the control and management of the
bank by congress.
The receipt of deposits when bank
is insolvent is one that comes under;
ithft SCODe Gf the national laws and it i
prosecution.
TTCT AQTTTCV TTP ATfTTTT'M'T i
TK.LAbU.KY JJrAKj.i-LJMi j
Office cf the Comptroller of the Cur-
renCyr Washington, D. C, January!
..-.qu u "SOI 1Q1)7
ntruT-pc! tit aat t ttktc '
w. vuuw,
Acting Comptroller.
Verdict of
Guilty Returned
in Dovey Case
Jury Receives Case at 4 o'clock
Thursday and Returns With
Verdict at 9:15.
firm Friday's Daily
The case ef the State of Nobrask i
vs. (.eorge i). Dovey tenninuieu iasi
evening at 9:15 when the ji'ry ia
the case returned a verdict finding
the defendant guilty of the charges
preferred by the state, that of re
ceiving deposits of county funds un
lawfully. The case had attracted a great
deal of attention and large .numbers
had filled the court room at the two
day trial of the case ajul many were
awj.iting in the court room when the
verdict was rendered by the jury.
This action was filed in a com
plaint and information by the county
attorney following the closing of th3
First National bunk of which Mr.
Dovey was cashier and in which the
county had deposits of some 1 0,000
in excess of the amount of the bonds
required for the protection of the
county funds.
The charge against Mr. Dovey was
that as the cashier of the bank he
had reerived a deposit of money in
the neighborhood of $24,000 from tho
county treasurer on the date of De
cember 2, 192G and that there had
been no proper bond provided for
the protection of this money and
which is now in litigation in a civil .
action brought by Mia U. Cering. for
mer treasurer of Cass county to have
the amount declared a trust fund in
the bank for the benefit of Cass
county.
At the trial the testimony of Miss
Gering was to the effect that the de
posit of the money had been solicited
by the cashier and that she hrul ask
ed for a bond and had been promised
that such bond would be supplied
the next elay and which had not been
elone and on several occasions r.ho.
had renewed this demand but was
unable to secure the bond.
Mr. Dovey had testified that ho
had approached the treasurer about
tho deposit of another check differ
ent from the one received and that
he had made efforts to get a bond
but had not been able to get this ar
ranged and was then preparing to
try and secure other securities as a
guaranty for the money but which
he had not been able to complete.
The bank was closed on repolmion
of the board of directors on the 14th
elay of December following the de
posit of the county funds on the 2nd
of December.
The defense in the cpse had at
tacked the power of the state statute
on which the prosecution was based,
both as to the legality of the law ap
plying to banking institution: and of
ficers and also as to the power of
the law as applied to national banks.
The case waa prosecuted by At
torney Richard F. Stout of Lincoln,
who appeared recently in the cases
in Sarpy county covering the closing
of a bank in that city and the prose
cutor is one of the best in the state
in this line of litigation. He was as
sisted by County Attorney Tv. G.
Kieck in the prosecution.
KILL SCHOOL BILL
Lincoln, Neb., March 11. A meas
ure which would have divided tho
city of Omaha into 12 districts for the
purpose of electing a board of educa
tion was indefinitely postponed this
afternoon by the senate committee
of the whole.
The Savings
Habit
To earn money is good;
To save money is better.
To save regularly is
BEST OF ALL.
TTT ll t 1 i
W C enCOUrage tllG iiaDlL
The Farmers
State Bank
Plattsmouth - - Nebraska