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About The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current | View Entire Issue (Oct. 26, 1931)
MONDAY, OCT. gg. 1931. PAGE SIX XI lnafxl mm b rcsalt c3 all basards. A. . fi ). . Caxbary Dependable Insurance Corn to Yield Seventeen Bush els to the Acre Eelieve Crcp to Come Up to Oct. 1 Expectations Wheat Acreage Below Standard. Nebraska's corn yield will equal the Oct. 1 estimate of seventeen bushels per acre, according to Ne braska bankers in their mid-month report to the division of agricultu al statistics. Acreage of winter wheat is considerably below that of last year and sowing is almost com pleted. The supply of moisture is generally short. Level of farm prices shows little change during the past month, and livestock prices ar. much below those of a year ago. The Oct. 1 condition of corn was 51 percent and the estimated yield, seventeen bushels per acre which would produce a crop of 171,632,000 bushels against 247,106,000 bushels last year. The extremely warm, dry and windy weather which prevailed during the first half of September matured the crop too rapidly. Prac tically all sections of the state wnn the exception of the southeastern counties show the general reduction in yields. Prospective supplies of corn, feed grains, hay and forage are short in scattered localities over most of the state. Many localities in the more severely drouth stricken areas are extremely short of feed supplies. Moisture supplies are generally in sufficient. East central and south eastern Nebraska report sufficient moisture, but all other sections are still much in need of additional rains. Prices of feeder cattle and lambs are much below those of a year ago. The average price being paid for feeder cattle is reported at slight ly more than $5. per cwt.sai"co'm pared to $7.18 last year and $11.40 two years ago at this time. Feeder lambs are now being bought at about $4.75 per cwt. as compared to $6.16 a year ago and $12.65 in 1929. The general level of prices being received by farmers remains about the same as a month ago. Corn prices declined about four cents per bush el during the past month. Prices of wheat and oats remained at 33 cents and 21 cents respectively, the same as last month. The price of alfalfa advanced from $7.60 last month to $7.73 at the present time. Pat cattle at $7.43 per cwt., showed an advance of 10 cents per cwt. since a month ago. Hog prices drop ped from $5 per cwt. a month ago to $4.39 per swt., at the present time. Prices of buterfat and eggs have shown a substantial gain dur ing the past thirty days. Less cholera among hogs is report ed by bankers than was reported a year ago. FOR SALE Two h. p. General Electric motor. $25 cash. o24-ltw-2td E. J. WEYRICH The regular standard grade of his tory paper 40c per ream, not a special sale light weight article, bnt high quality, marked at a close price, at Lie Bates Book and Stationery Store. Tkis will sell uou the best possible autombole insurance. Ceo Siio Early Dire? Everybody Else Is Going to Plata, Oct. 28-29 Saarl S. Davis Plattsmonth Phone 9 Early Hhtcry of Plattemculh b Retooled Continued from pas one. on the grounds that "he didn't have time." There were 626 votes cast in this ward of which 652 were in favor of the bonds while the peti tioners asserted that there were only 400 legal votes in the ward. In concluding its citation of fraud ulent votes, the plaintiffs stated that in Plattsmouth Ward Four there were 503 votes cast, all in favor of the bonds and that there were only 350 qualified electors . In the ward. Fifty-eight illegal voters were listed by name and "92 others" cited as unknown and non-resident. Leaving the city in ita allegations of malconduct. the complaint cited Eight Mile Grove precinct, claiming 20 illegal votes were cast out citing no names. In the precincts and wards cited it was claimed there were act ually only 1.524 legal voters but that 2,291 votes were cast of which 2,26 favored the bonds. Turning to, another phase of com plaint, the petition charged that in Plattsmouth Ward One that "the judges became drunk at an early hour at said election and . before noon." Further, it was argued that the judges in all four city wards "constantly, habitually and know ingly received ballots from persons who were not qualified and that they neglected their duty." In additional support or tneir fraud claim, the plaintiffs claimed that Plattsmouth citizens obtained votes for the bonds by the use of a slush fund of $1500 and by threats and intimidation. Turning to another phase of their lengthy petition, the plaintiffs point ed out that the law approved Febru ary 26, 1889, whereby a simple ma jority was permitted to float bond issues was unconstitutional and that a two-thirds majority was necessary. The legality of the bond election was questioned for the further reason that the tax levy was already 16 mills and that the bonds of $80,000 would raise the levy above this legal limit and this could only be done by a two-thirds vote. Concluding their attack upon the validity of the bond election, the plaintiffs charged that the form of the ballot used was wrong because it did not permit the voters to vote on two propositions: first to increase the tax levy and second to approve the bonds. For these reasons, the petition ask ed the court to declare the election null and void. On June 29. 1889. the plaintiffs filed bond of $1000 and July 1, the defendants were officially notified of the action. On July 31, 1889, the city of Plattsmouth as one of the three defendants, filed an ans wer to the complaint through Attor ney Matthew Gering. Each jallega- tion of the complaint WH denied. The votes cast in each of the city wards was declared to be legal and in reference to the refusal of Pick ens, election judge in the Third, to furnish the contestants with a copy of the polling list, the answer as serted that Pickens stood ready to furnish the list when the contest ants presented the proper fee. Coun sel contended that the defendants had no knowledge of any slush fund and that if any money was raised it was used to defray -necessary ex penses." As to the constitutionality issue, defense counsel entered a speci fic denial and further asserted that the necessary mill levy would not ex ceed the legal limit. In further answer to the charges of the plaintiffs, the defendants filed a cross petition In which fraud and Irregularity In Weeping Water were cited. . It was alleged that there were only 300 legal voters in the town of Weeping Water but that. 446 votes were reported. 205 votes cast in Weeping Water were cited as Illegal and 124 names of Individuals were listed with the remaining 81 classi fied as unknown and non-resident. In Weeping Water precinct. 95 il legal votes were claimed and all but 8 were named. It was further charg ed that there were 10 illegal votes cast in Louisville precinct nnd 50 in Liberty precinct. In answer to the plaintiffs charge of a slush fund in Plattsmouth. the cross complaint, alleged that the sum of $2000 was subscribed in Weeping Water to un lawfully influence voters. Frank Carruth, city clerk, as the second defendant named In the peti tion of the contestants,' also filed a separate cross complaint which was substantially the same as the one just referred to by the Commission ers. His counsel did inject one new angle into the controversy. It was alleged that owners of town lots in Weeping Water had led the agitation for the removal election of 1888 and that the results of this election were convincing In favor of Plattsmouth. But two of the Commissioners were in favor of relocation and Carruth filed a mandamus suit against the Commissioners to force a bond elec tion and while this was pending In the courts, the Commissioners de cided to call an election. Then, it was alleged, the Weeping Water town lot owners became active, even In ducing members of the Farmers Al liance to threaten boycott of stores whose owners or employees voted for the bonds. Carruth's cross complaint brought to light an additional claim that Weeping Water leaders attempt ed to lead Louisville to believe that the former no longer desired the county seat and that if Louisville would oppose the bond issue. Weep ing Water would then throw her support to Louisville's claim to the court house. The closing statement of the cross petition was "that the will of the electors triumphed In spite of their wicked efforts." Finally, the third defendant nam ed In the original complaint, the City of Plattsmouth, filed a separate ans wer through Its attorney Byron Clark on August 3. IS 89. It con sisted of largely the same allegations brought out in the answers of the other two defendants witn a general denlad of all the claims of the plain tiffs. To further becloud the legal hori zon and the maize of charges and allegations surrounding the contest, each of the plaintiffs filed replies to the answers of the Commissioners, the City and Mr. Carruth. After citing at considerable length the claims and counter claims of the parties to the bond contest, we are now ready to examine the action taken by the courts In disposing of the case. Counsel for defense made a legal move to bring the litigation to an end on December 12, 1899 when a motion of non-suit was made on the ground that there was not sufficient evidence to justify a trial. The court denied this motion Decem ber 26, 1889 and the case went to trial. It will not be necessary to go into the Tolumi nous record of testimony and evidence submitted at this trial for it all affirmed or denied in a ra ther general way the allegations al ready referred to in the complaints, cross petitions and answers. In ad dition to which. Supreme Court Jus tice Samuel Maxwell's opinion on the case on appeal admirably sum med up this evidence and reference to this will be made. The regular district judge. Judge Chapman, be ing a resident of Plattsmouth, dis qualified himself from serving on the bench and Judge J. H. Broady of Beatrice was called in to hear the case. The defendants were ably rep resented by Byron Clark, Matthew Gering, J. B. Strode and A. N. Sulli van while the plaintiffs were repre sented by E. S. Wooley, S. W. Orton and J. W. Thomas. In the latter part of December, 1889. Judge Broady delivered his opinion. He held that the generr allegation of fraud advanced by the plaintiff was sufficient to justify the evidence of fraud and accordingly set aside the election and assessed the costs of $375.98 to the defend ants. The case was immediately appeal ed to the Supreme Court but this is a slow process and it was not until the September, 1890 term that this tribunal reviewed the evidence and ruling of the lower court. On Jan uary 17, 1891, Justice Samuel Max well handed down the opinion of the appellate court. His opinion was an admirable summary of the case and clearly pointed out the insufficiency of the allegation of general fraud upon which the case of the plaintiffs was based. By way of introduction he summed up the allegations of the plaintiff and the answer of the de fendant and reviewed the opinion handed down by Judge Broady. He pointed out that the defendants bas ed their charge of fraud upon the comparison to be found in the votes polled in the bond election with those of previous elections and of the school census of 1890. The other figure used by ' the plaintiffs, to show that . the 2.296 votes polled for the bonds In Platts mouth was too large' was ; the school census of 1890 which listed 1,928 children of school age. It was upon these figures that Judge Broady bas ed his ruling In the District Court because he held that these showed the vote returned In the wards of Plattsmouth to be so much larger than in previous years as to indicate that the increase must have been due to fraud. In attacking this ruling on the facts just cited. Justice Maxwell pointed out that the testimony of the defendants showed that there was construction in street and sewer work going on in Plattsmouth during 1889 and 1890 and thas this could be accepted as explaining to a large degree, the increase of population during that period. Also he pointed out that evidence was introduced showing that there were many men employed by the Burlington railroad whose residence would be considered as Plattsmouth but who would be compelled to be away much of the time due to the nature of their job. Coming to his interpretation of the evidence, Justice Maxwell held that in order to establish the fact that Illegal votes were cast, proof must be offered by one or more witnesses having actual knowledge of the fact that certain specific persons were not legal voters and that the wit nesses must designate these persons by name. If the proof merely tends to show that some voted illegally. Justice Maxwell held that this was. not sufficient evidence to reject the votes as illegal. As to the Italian street workmen employed in Platts mouth at the time of the election. Justice Maxwell declared that "it appears that the Italians were legal voters and It Is an uncalled for im putation to charge them with com mission of a crime without evidence to sustain it." He pointed out that the only direct testimony as to these men voting illegally was from a wit ness who resided in the interior of the county and who was In Platts mouth on election day and "saw eight Dagos go to the polls but did not see them vote." In concluding his opin ion. Justice Maxwell swept away the ground upon which the plaintiffs based their case when he charged that names of illegal voters had been cited but that no proof had been offered which would convince the court that the charge was justified. He cited that ' "no individual has been selected and proved to have voted unlawfully. The list of voters must be sifted, the charge cannot be based on vague statements." Since the majority received by the bonds was 203, the Justice held that the plaintiffs were compelled to name at least 203 persons and prove be yond a reasonable doubt that they were not legal voters but that this had not been done. Commenting on the effect of a case of this nature. Justice Maxwell said. "If proof In this ease was held sufficient to annul the election. It would be possible on vague and indefinite charges or mere suspicion to annul any election. This cannot be permitted. The judge in the case (Broady) confesses he does not know from the evidence what il legal votes were cast, it was his duty to have found out." For these reasons. Justice Maxwell held that the prof was not sufficient and or dered the decree of the lower court reversed and the case dismissed. The other judges of the court concurred In the opinion. The counsel for the plaintiffs made one more effort to succeed with their cause in the courts. January 13, 1891, a motion for a re-hearing of the case was filed with the Supreme Court. Again Justice Maxwell hand ed down the decision in which the other justices concurred. He con tended that the position which he took In the original hearing was right, re-iterating again that no at tempt was made on the part of the contestants to take the city in detail and show ward by ward and block by block what illegal votes were cast. Pointing to the witnesses for the plaintiffs. Justice Maxwell called attention to the fact that only four witnesses testified as to fradulent votes and then only in general terms. Therefore "we must assume that specific proof was not desired or it was not resorted to." The plaintiffs had based their claim for a re-hearing largely on the point that the Court had not considered the "unknown illegal vote." Justice Maxwell admitted this "for none was offered." "Had the proof shown that the votes cast in 18S7 and 1888 were but 1300 and that the votes cast at the general election In 1889 were about 1300 and that this number swelled to 2200 in the bond election, it would seem Irrestible that the in crease was by fraud. Therefore again, because the evidence was not sufficiently definite to show that fraudulent votes were cast, the mo tion for a re-hearing was overruled. This decree closed the county seat question as far as he courts were concerned. (To Be Continued) Arrest Four After a Chase Thru Auburn Police Claim Quartet Confess Using - Stolen Car to Hold Up Station at Falls City. Auburn After a chase of several miles, starting down the main street of Auburn. Friday night. Sheriff J. C. Broady apprehended four men who later confessed he said, theft of the automobile in which they were riding, and admitted the holdup of a Falls City filling station. The men gave their names as Ed die Carr, and James Walls, both of Omaha, and Wilner Robinson and George Meeks, both of St. Joseph, Mo. Four unmasked men held up Harry Mosiman. at his filling station in Falls City early In the night, and escaped with $15 in-cash and an un determined ''number of checks. The automobile used by the men was re ported stolen from St. Joseph late in the afternoon. ' Sheriff Broady. accompanied by Deputy Sheriff C. J. Rapp. halted the men near the Nemaha river. He said they offered no resistance and readily admitted the theft and hold up. He found about $10 in the men's clothing. Sheriff Broady said, and about $1.50 in change and a revolv er on the floor of the car. Falls City authorities were to take the prisoners there Friday night, where the four will await the filing of charges. C0UHTY COENHUSKING contest Wednesday, October 28. The Cas3 county corn husking con test will take place at one o'clock Wednesday, October 28, at the Frank Taylor farm, one half mile south of Alvo. . The field of corn chosen for the contest Is in excellent condition. The rows are eighty rods long- and the field is very uniform and free from weeds. The yield has been estimated by several to be 50 bushels per acre. Six men are already entered and preparations will be made to accom modate ten contestants. Entries will close Saturday night, October 24. The winner of the contest will en ter the state corn husking contest which will be held November 9, about four miles west of Schuyler in Col fax county. MOBILIZES FAMILY FORCES London Prime Minister MacDon ald mobilized his family forces on the Seaham harbor front Friday night for a final cannonade of ora tory before the general election next Tuesday. His daughter, Ishbel, Join ed Sheila in canvassing the wives of the miners and Alastair toured the district with loud speaker appar atus attached to a runk. Only Mal colm, who has his own fight at Bas setlaw, was absent. Mr. MacDonald arrived at Easington colliery amid cheers of "good old Ramsay" as well as catcalls. He was given a hearing on the national government's pro gram. BEVEESE OLD 02DEB; JUKE EMPLOYES WAGES Omaha A 5 percent Increase In the wages of all employes, described as a gesture of appreciation of their cooperation and an indication of con fidence in the future, was announced Fridar nlsf hv officers of Ruedv's store here. The store has eighty-six employes and the payroll is aooui $2,600 a week, F. J. Ruedy, presi dent of the store said. Good busi ness was given as main factor in the increase. PLATE STJFPE3 AXXD PE0G2AIX Plate supper and program Wed. Oct. 28 at Woodbine school Dist. No. o24-3td-ltw?JlARIE M EI SINGER. Fourteen in Cast of Legion's Benefit Play Some of Best Amateur Theatrical Talent in Vicinity to Appear in "The Early Bird." THE CAST CYRUS B. KILBUCK Carl Schneider President of P. IX Q. Railroad TONY KILBUCK Jean Spangler His Son. Just OYit of Collepe MR. BARNABY BIRD. .Dr. G. L. Taylor The Boss of Flagg County MR. MULBERRY John Svoboda Chief Atorney for the Road BRUCK FERGUSON Walter Gabriel A Clerk in the General Offices ARTIE Edward Wehrbein An Office Boy MR. PERRY ALLEN John Turner A Young- Gentleman Farmer JESSAMINE LEE Madge Garnett The Girl MRS. VAN DYNE Ruth Janda An A pent for the Railroad IMOGENE MeCARTY Janet Vallery A Stenographer MRS. BEAVERS Mrs. J. A. Capwell From Flagx Corners ROSA B. BEAVERS. .. .Mary Beverage The Belle of Flagg Corners MRS. PERRY ALLEN... Edna Herring Jessamine's Chum DILLY ...Margaret Shellenbarger-HIrz Mrs. Beaver's Hired Girl "An Early Bird," a modern Ameri can comedy built along business lines, is to be presented at the Platz theatre Wednesday and Thursday evenings, October 28-29. under auspices of the American Legion as a benefit for Its community building indebtedness. The cast of seven young men and seven ladies enumerated above is re hearsing nightly under direction of L. D. Hiatt, well known theatrical producer and himself a featured play er in repertoire companies back In the old days of "meller-dramas." The hero of this play is a light hearted, merry college boy, Tony Kil buck (Jean Spangler) who is being trained in a systematic manner by his father, Cyrus B. Kilbuck, president of the P. D. Q. railroad (Carl Schnei der). The father thinks his training will result in making Tony a wonder ful business man, but "the best laid plans of mice and men gang aft agley" and Tony becomes involved In debt and is expelled from college. The father decides he has been too lenient with him and declares that in the future he must shift for himself. Tony, nothing daunted, decides he'll show "dad" he can be a success with out paternal aid and starts out with unlimited nerve and a light heart to carve his way to fame and fortune and the hand of the girl, Jessamine Lee (Madge Garnett). The P. D. Q. railroad plans an ex tension across Flagg county and there are two routes possible, the River road and the North road. Both are owned by a pompous old flirt, one Barnaby Bird (Dr. G. L. Taylor). Tony gets inside Information that the River road is to be chosen and, with the help of the, faithful Jessa mine, buys that road from the pru dent Mr. Bird, who knows that the extension is going in over the North road. Bird obtained his information from Bruce Ferguson, a clerk in the P. D. Q. offices (Walter Gabriel), who brings him the approved blue-print plans of the extension over the River road. Poor Tony, seeing these plans and having spent his all on the River read, is forced to admit his failure as a regular business man and goes back to his old job. that netted him $7.50 in four months, selling life insur ance. . Mrs. Van Dyne (Ruth Janda) is purchasing agent for the road, and Bird, mistaking Jessamine for her. Is forced to believe that Ferguson de ceived him and that the P. D. Q. is going to buy the River road and not the North road. In desperation, he offers Tony his North road in ex change for the latter's River road and $1,000 to boot. The exchange is effected just in time as Mrs. Van Dyne and the president of the road arrive in Flagg Corners to open negotiations for the purchase of the North road. now owned by the effervescent Tony, Tony sells his property to his father for half a million dollars and is a reg ular business man at last. Comedy features are Introduced throughout the play by the coquet tish Imoerene (Janet Vallery), sten njrraoher for the railroad; Artie (Ed Wehrbein), the fresh office boy; Miss Rosa Bella Beavers Mary Beverage). a country belle, and her mother (Mrs. J. A. Capwell), the landlady of a Flags Corners hotel, and last, out oy no means least, Dilly (Mrs. Margaret Shellenbarger-Hlrs), the hired girl. who is corresponding secretary of the Youne Ladies' Cold Water society and is shocked beyond measure by the falling from grace of the impeccable Mr. Bird HOLD CLUB HEETIHG Riverview club held their project meeting of the new project at the home of Mrs. Frank siagei rnursaay fiftrnnnn The subject this year is on making the home attractive. The first lesson "Worth While Pictures For the Home." Each member had with them some picture from a calendar or magazine. The nictures were discussed, the leaders giving the gruop a test for judging pictures. - Plans were made for the clubs' annual weiner roast to be held at the Wheeler home on the eve of Oct. 25th, to which all club members and their families are invited. a t h rinse of the meetine Mrs. Slagel assisted by Mrs. Khuns, serv ed delicious refreshments. The No vember meeting will be with Mrs. Fred Beil. FOIL SALE At the Chas. Garrison farm on Highway No. 75, Union, Nebr., 13 Spotted Poland China boars. Prices reasonable. John Roddy. o22-3tw tt men of Cats oovatr en tab at Josisal cflo. ESs cssh. FiresCii and toM and QUALITY arc always Ri3ht at BACH'S In our desire to be of greatest service to our patrons, we have put in a complete line of Fresh and Smoked Meats. Phone us your order for Meats and Groceries. Free de livery to any part ,of the city. Telephone 1 8 or 19. Bacon Squares Dold'i Per Lb. 2.2 c Dold's Stcrlinn Bacon Per lb. Advo Pancake Flour. 34-lb. bag 1C0 Navy Beans, fancy, 6 lbs. for. . . 250 Great Northern Hand Picked Beans Pinto Beans, 4 lbs. for 250 Kamo Mince Meat, 9-oz. pkg 130 Chile Con Carne, 1-lb. cake 2Q0 Just the dish for cool weather Add water and Kidney Beans Heat and Serve No Cooking necessary Walker's Chile, 2 cans for 250 Macaroni, 4 pkgs. for 250 Gold Dust, large pkg 230 Buter Nut or Advo Coffee, per lb 370 Apples Jonathans, per Bushel Grimes Golden, Bushel OH Fflotai? aend Food Bran, per 100-lb. sack . 750 Shorts, per, 100-lb. sack 050 SELECT Oyster Stioll 100-lb. Bag for - Gooch's Flour, 48-lb. Omar Wonder Flour, Little Hatchet Flour, A O J0 Quality Groceries olcplxoncs, 10-19 So. Parti Store, 110 Don't Fail to Ceo Ttzo Early Bird9 American Legion's Hone Talent Farce Comedy TWELVE KILLED IN BATTLE Mexico City Details of a san guinary battle last Saturday at Tia- pacoyan, Vera Cruz, In which the mayor and twelve other persons were killed, were revealed In news dis patches Friday. The mayor. Manuel de Angel, learned that an assault would be made on the town hall, and Immediately called upon all munici pal employes, who turned the building- Into a fort. They were attacked by fifty persons led by a man called grandfather."- The attackers flung burning: red chile peppers Into the building. This forced the defenders CQ3ir Dp Either will help you do the other. We're back to the low prices of 15 years ago. ... You can now put on the jsuit you have been "putting off" buying for so long. Sensational Valces at 017 019, $21 Good Overcoats GtI5 Up Q WESCOTFS Bent Cores Reserve Seats at Mauzy's Reserve Seats on sale Pore Kettle Rendered LARD 3 lb. . .35c 1C0 Potatoes Red River Early Ohios 100-lb. Sack for $3,-40 Per Bushel 90c JUBILEE Laying Hash 100-lb. Bag for 91.50 bag .CD0 48-lb. bag CO0 48-lb. bag 80 BACH to flee, and they were shot down and hacked with machetes. News dis patches reaching here advanced the theory that the battle resulted from feeling aganist the mayor because he did not prevent the sacking of a church earlier In he week. 4 "I Kf ' lt IYlliat fAiimii ? Abstracts of Title Phone 324 Plattsmouth JL Ccrly Dlrd Starting Monday at 9 Monday at Mauzy's " - Q