tlebr. State Historical Society
EOT
VOL. NO. in
PLATTSMOUTH, NEBRASKA, MONDAY, AUGUST 17, 1936.
NO. 55
( La V
I W
Young People
are Married at
Davenport, Iowa
Miss leona Ring-king and Mr. George
E. Rebal Married at Iowa City
Tuesday Afternoon.
The marriage of two of the popular
young people of Iowa City, Iowa, oc
curred on Tuesday afternoon at
Davenport, Iowa, Miss Leona Ring-
king: and Mr. George E. Rebal, being
married there at the parsonage of the
First Christian church.
- The marriage lines were read by
the Rev. Kirtley Gillun, pastor of the
church and the ceremony witnessed
by Mr. and Mrs. Russell McKray of
Lamont, Iowa, at whose wedding Mr.
and Mrs. Rebal had assisted several
months ago.
The bride's gown was of boule with
brown accessories and with a corsage
of gardenias.
Following the wedding Mr. and
Mrs. Rebal started on a short honey
moon to visit with the relatives and
many friends in this section of the
west. The bridal couple arrived here
"Wednesday afternoon to visit at the
home of Mr. and Mrs. James Rebal,
parents of the groom and the other
relatives and friends here for a short
time.
The bride is a daughter of Mr. and
Mrs. Leo Ringking of Lowden, Iowa,
but is at this time making her home
in Iowa City where she has a very
large circle of friends.
The groom is the youngest son of
Mr. and Mrs. James Rebal and was
born and grew to manhood in this
city, graduating from the local high
school in the class of 1927. He has
been engaged in retail business since
leaving school, first at Omaha and
later at Iowa City, where ha now
oivn? and operates two large meat
markets in connection with one of
the large independent chain store sys
tems. Mr. and Mrs. Rebal are returning
to Iowa City following their honey
moon and will locate at once in their
new home in that city.
The many friends here will Join in
their best wishes for the future hap
piness and success of these estimable
young people.
DISPOSES OF RESTAURANT
C. B. Moffitt, who hat heen uper
' fg the cafe on the south side of
Main street between Fourth and Fifth
streets, has disposed of the same to
S. J. Stepnek, of Omaha, who is to
take over the business on September
1st.
Mr. Stepnek is an experienced
restaurant man and expects to move
here soon with his family to get set
tled for the formal taking over of
the business and to look after the
demands of the public.
Mr. and Mrs. Moffitt and family
are planning on moving to the west
coast and will locate at Portland,
Oregon, they having made their home
in that section of the country several
years ago. They have made many
friends while here and who regret
very much to see them leave the com
munity. HERE FROM THE WEST
From Thursday's Dailr
Mrs. George Iske and children,
Barbara and Bruce, arrived last even
ing from their home at Fort Collins,
Colorado, and are visiting with rela
tives in this locality. Mrs. Iske is a
daughter of Mr. and Mrs. Warren A.
Tulene of this city and she is visit
ing with them as well as with the
members of the Iske family here and
in Sarpy county.
OFF FOR AN OUTING
Saturday evening after the close
of business hours. Clerk of the DIb
trict Court C. E. Ledgway and Wil
liam Roy Holly, of the Soennlch
sen department store will depart on
their summer outing. The matter of
court records, judgments, writs of
habeas corpus as well as fitting
number ten foot into a number eight
shoe will be far from the thoughts
of "Chick" and Roy as they are pre
paring to feed the bears in the Yel
lowstone park as well as visiting at
Imperial with old friends en route.
EEV. LENTZ tw HOSPITAL
The host of friends of Rev. and
Mrs. A. Lentz, of the Eight Mile
Grove Lutheran church, west of this
city, will regret to learn that he Is
now in the hospital at Odell, Ne
braska.
' Rev. Lentz and family have been
in Texas on a vacation and while
there the pastor fell and Injured his
leg but it was not thought serious
and he started on home to Cedar
Creek. The family stopped at Odell,
the home of Mrs. Lentz's parents and
there Rev. Lentz was suffering so
much that it was necessary for him
to remain at the hospital for a time
at least.
W. H. Haith is
4
Badly Burned
While Bailing
Working at Cline Farm Near Union
When Straw Burns, Destroying
His Bailer and Tractor.
Wednesday afternoon while W. H.
Haith was operating his bailer at the
Cline farm north of Union, the straw
that was being bailed caught fire
and in a few moments had spread so
rapidly that it was impossible to
check the blaze, altho the force of
men assisting in the bailing were
present when the fire started.
It is thought the fire may have
started from a cigarette or match
dropped and which soon caught the
dry straw around the bailer. The
straw burned rapidly and Mr. Haith,
the owner of the machine sought to
take the bailing ' machine out of
danger and drove his tractor up to
pull the machine. The blaze grew in
intensity and in his efforts to save
the bailer and tractor Mr. Haith re
ceived bad burns on the arms and
face and was finally forced to flee
from the fire that gradually swept
over the bailor and tractor, complete
ly destroying them as well as burn
ing all of the straw.
The Injured man was taken on into
Murray and where he was given
treatment for the burns and made as
comfortable as possible under the cir
cumstances. Mr. Haith is well known over the
county where he was formerly In
the harness business at Weeping Wa
ter and later engaged in farming.
This season he has been conducting
a hay and straw bailing machine on
the farms over this section of the
county.
GREENE-RUETER WEDDING
The marriage of Donna Beth
Greene to Alvin Rueter took place at
the home of the bride's parents, Mr.
and Mrs. T. H. Greene, in Elmwood
Tuesday evening, August 11, at 8
o'clock, Jn the presence of fifty rela
tives. The bride wore light blue floor
length organza with a shoulder cor
sage of Talisman roses. The brides
maid wore a gown of yellow embroid
ered organdie with a corsage of Talis
man roses and Delphiniums. They
were met at an Improvised altar of
garden flowers and ferns by the
groom and his brother, Clarence
Rueter. The grandfather of the
bride, Rev. F. L. Weigert, performed
the ceremony. The prelude and Loh
engren's wedding march were played
by Mrs. Chas. Staley of Milford, an
aunt of the bride.
Light refreshments were served by
the Misses Shirley Greene, Pearl
Rueter and Hilda Schlaphof.
Out-of-town guests were Miss Lu-
bertha Kline of Franklin; Mr. and
Mrs. Frank Shroeder and daughters
of Wahoo and Mr. and Mrs. Harry
Tolhurst of Raymond.
After a short trip Mr. and Mrs.
Rueter will be at home on a farm
after September 1st..
TO RETURN HOME SOON
John L. Tidball, who has just re
cently undergone an operation at the
Immanuel hospital in Omaha, has so
far recovered from the effects of the
ordeal that It is hoped he may soon
be able to return home and resume
his usual activity. Mr. Tidball Is
feeling much better and it is hoped
will derive permanent relief from the
operation.
Met to Discuss
Uniforms for the
Jr. Drum Corps
Representatives of Half Dozen Civic
Organizations Respond to Call
of King Korn President
From Friday's Dally
A meeting was held last night to
discuss ways and means of financing
the purchase of badly needed equip
ment and uniforms for the Platts
mouth Junior Drum and Bugle corps,
now in its fourth year of existence,
under the direction of C. A. Mar
shal. Equipment needed, if the or
ganization is to continue, includes a
number of additional drums and at
least a dozen bugles, as these have
been provided by the individual mem
bers in the past, quite a few of whom
have come to the age where they
drop out of the Junior corps.
The drums and two or three bugles
were supplied by the Legion, being
left from the time the Legion sup
ported a Senior corps some eight to
ten years ago.
The meeting was attended by rep
resentatives of the Korn Klub, the
Chamber of Commerce, Ad club. Ro
tary club. Woman's club and Amer
ican Legion.
Director Marshall reported plenty
of younger boys on the waiting list
to take the place of older members
who drop out, some of whom are now
blowing borrowed bugles or practic
ing drum beats on barrel heads or
chair seats, due to lack of equip
ment.
The Legion took note of this shor
tage at its meeting last week and
voted $100 for the purchase of ad
ditional drums and bugles, provided
the corps is to be uniformed and con
tinued.
It was the concensus of those pres
ent at last night's meeting that the
Korn Klub president, Henry Soen
nichsen, appoint a committee com
posed of a representative from each
of the above organization to devise
means of raising money to outfit the
corps of thirty members with suit
able uniforms. The cost of these will
run around $12 each, complete, de
pending somewhat on the type that
is selected, or a total of $360.
The only uniforms the corps has
ever had were the white grousers
and shirts, with red capes made from
a cheap, flimsy material by mothers
of the boys. The total cost of these
was around $2 per boy, and they
have served for several years.
Last year, the corps was entered
at the Mid-West Musical Festival in
Omaha appearing in competition
with some of the best and most ex
pensively uniformed Junior corps of
the middle west, where they, rated
fifth place award and were the only
Nebraska Junior corps given rank by
the judges.
Those who know, say they are one
of the best drilled Junior corps in
the state today, and but for lack of
uniforms could rank much higher in
competition.
Appearance of the corps has been
one of the highlights of the past sev
eral annual Korn Karnivals here, and
the cost of their present meagre uni
forms was largely bourne by the
Korn Klub.
Director Marshall has given of his
time each week entirely gratituously,
and the Legion contributed its equip
ment worth around $150 when the
corps was first organized and now
stands ready to contribute another
$100 to the purchase of additional
needed equipment if the corps is to
be continued.
It is felt the commitee will be
able to work out plans for the secur
ing of uniforms in time for use at
this year's Korn Karnival the latter
part of next month.
TO VISIT IN MICHIGAN
From Friday's Dally
A party of Plattsmduth people are
to leave Saturday on an outing to
the north portion of Michigan where
they will spend a short time with
relatives and friends. The party will
comprise Mr. and Mrs. John Liber
shal, Mrs. Cora Hirz and Louis Baum
gart. They are driving to Marquette,
Michigan, where they will be ' the
guests of the August Libershal fam
ily and enjoy" visiting the many
places of interest in the northern
portion of the state.
GOES TO COLORADO
From Friday's Dally
This morning H. A. Schneider,
president of the Plattsmouth State
bank, departed on his summer vaca
tion which will take him to the
mountains of Colorado for a rest for
a few weeks. He motored to St. Ed
ward, Nebraska, where he was joined
by 'Mr. and Mrs. Eugene Burdic and
children and who will go on to the
west with him. They will be joined
in Colorado by Mrs. Schneider, who
has been visiting on the west coast
and they will enjoy a stay at Love
land, Colorado, where the John Ram
sey family resides, Mrs. Ramsey be
ing a sister of Mrs. Schneider.
Gunmen Stage
Raid at Avoca
Farm Homes
Two Gunmen Strike Sunday in the
Straub Neighborhood and Es
cape with $100 Loot.
Two gunmen struck terror in the
vicinity of Avoca Sunday when they
raided the farm homes of O. D. and,
Henry Straub, members of a prom
inent wealthy family of southern Cass
and northern Otoe county.
The duo of robbers first broke into
the Henry Straub farm home while
the family was absent and made away
with three watches and other Jewelry,
a check of the place revealed later.
From the Kenry Straub place they
had gone to that of O. D. Straub and
family earby and forced their way
into the home while the members of
the family were absent, making a
search of the house for valuables.
While they were searching the home
Mr. and Mrs. O. D. Straub and their
daughter returned home from church
services in time to discover the loot
ing. - -
The robbers when caught in their
piriaglng, drew their guns and held
the members of the Straub family at
bay while they proceeded to make
their retreat, shooting the tires of
the Straub car to prevent pursuit.
The men secured nothing of value
at the O. D. Straub home and the
value of that taken from the Henry
Straub home is estimated at $100.
Both of the homes contained safes
and the combinations had been
knocked off of both in an effort to
force an entrance but which was un
successful. Sheriff Ryder of Otoe county, where
the crime was committed, stated the
men drove a small car bearing a li
cense number of a car that was stolen
at Omaha.
BAND DOING FINE
The band which is a part of the
WPA recreational program in this
city, is doing very nicely and some
excellent work is reported by Peter
Gradoville, director of the organiz
ation. Mr. Gradoville reports that
there are twenty-five of the members
out every morning for instruction
and practice and a fine advancement
Is being Bhown by the students.
Mr. Gradoville would like to have
high school students who have had
experience in band work out to Join
in making the band a great success
and one that can be made a real
community asset. There is need for
a number of trombones in the band
and anyone having and playing this
instrument could assist greatly in re
porting to Mr. Gradoville.
STUDY CENTER ACTIVE
The Plattsmouth Study Center Is
still accepting registrations for Uni
versity of Nebraska correspondence
courses, i ou are- entitled to regular
University of Nebraska credit on
completion of any of the correspond
ence courses taken through the Study
Center. The rates are very reason
able, $1.00 registration fee and 75c
per college hour. For those folks
who cannot afford to go away to at
tend college and are interested In
furthering their education, this
should be of special interest as they
may earn college credits while at
home or working. High school courses
may also be taken. For further In
formation call or see Mr. La'ase at
the Plattsmouth high school.
Phone news Items to No. 6.
Explains Work
ings of the Old
Age Assistance
State Director Irl D. Tolan Sets Out
Law Regarding Qualifications
for Assistance.
"Recently the office of the State
Assistance committee has received
numerous letters, both signed and
unsigned, from residents of Cass
county, protesting that the grants
for Old Age Assistance were insuffi
cient. A study of these letters leads
us to believe that the public in gen
eral is not familiar with the laws
governing the administration of the
Social Security program. Knowing
you to be vitally interested in the
welfare as well as peace of mind of
your citizens, together with your de
sire for the successful administration
of this worthy program, we are giv
ing you a few pertinent facts which
we hope will serve to convince the
good pepole of Cass county that the
state assistance office, as well as their
county board, is earnestly striving to
efficiently administer this program to
the best advantage of those most in
terested, namely, the needy aged.
"In the fall of 1935, a special ses
sion of the Nebraska legislature pass,
ed several acts setting up a program
of assistance for needy aged indi
viduals. This is not a pension law, as
many seem to believe, but is a form of
relief for those who can qualify. In
order to be eligible one must be at
least sixty-five years old, must have
no children or other relatives legally
liable for his support who are finan
cially able to care for him, and must
be in need of assistance, as well as
certain other requirements of resi
dence, etc. To be classed as needy,
a person may not have liquid assets,
exclusive of the home in which he
lives, exceeding a fair value of $300.
Assistance not to exceed $30 per
month may be granted to eligibles
and the amount must be the differ
ence between their budgetary needs
and Income, if any, provided suffi
cient funds are available to the coun
ty, and the grants are based entirely
upon the needs of the applicant.
"Our sta,te law makes it man
datory for state funds to be dis
tributed to counties in exact ratio
that the county population bears to
the state as a whole.. The actual
number of applications received to
date have far exceeded the estimate
made at the time appropriations were
determined by the legislature. Due
to these circumstances, the state as
sistance committee and the county
board find it impossible to approve
grants as large as we would like,
and, at the same time, not be guilty
of misappropriation of funds. To the
end that this may be still more clear
ly outlined, we give you the follow
ing: "Amount of funds available to Cass
county for the -twelve months end
ing June 30, 1937, $70,203.44.
"Available per month, $5,850.29.
"Largest possible average grant,
$18.40.
"318 applications received to date."
RETURN FROM OUTING
Dr. and Mrs. H. G. McClusky are
home from their month's outing in
the east and which they have spent
with relatives and friends at Inlet,
New York, one of the pleasant re
sorts In the AdirOndacks and where
in the coolness of that climate they
were much refreshed.
They had a most delightful time
with the exception of the Infectioa
of Mrs. McClusky that caused her a
great deal of pain.
The pastor will hold the regular
services at the First Presbyterian
church Sunday morning" as usual and
will receive a cordial welcome home
from the members of the congrega
tion.' ST. PAUL'S SOCIAL
Your patronage will be appreciated
at the St. Paul's Sunday school Ice
cream social and cafeteria, to be held
in the basement of the chufch, Au
gust 19. Serving starts at 5 o clock.
Menu: Potato Salad, Sandwicnes,
Pickles, Pie a la mode, Coffee, Ice
Cream and cake; 5c per item.
al5-3td-ltw
CHILD SUFFERS BURNS
Thursday afternoon, Paul, III, th
small son of Mr. and Mrs. Paul Van
dervoort, II, was severely burned by
hot water at the family home on
North 8th street. The little lad was
to be given a bath and the mother
was engaged in preparing the bath
carrying a pan of hot water to the
bath room, when the lad suddenly
ran Into the mother and caused the
water to splasfr over him. He sus
tained some burns on the hands and
arms as well as the body but which
are not thought dangerous. The child
was made as comfortable as possible.
by Dr. L. S. Pucelik who was called
to the scene of the accident.
Mrs. Mary Spen
ser, Old Resident,
Passes Away
Came to Nebraska in 1882 and Has
Since Made Her Home Here
Mexican War Widow.
From Saturday's Daily:
This morning death came to Mrs.
Mary Spencer, 82, after an illness of
some four weeks at the home of her
daughter, Mrs. William Highfield on
Chicago avenue. Mrs. Spenser up to
her last illness had been very active
despite her advanced years and was
a loved and familiar figure in the
community who will be greatly miss
ed.
She was born in October 5, 1854
and came to Plattsmouth in 1882 to
make her home and where she was
married later to H. G. Spencer, a vet
eran or the .Mexican war, wno nas
long since preceded the wife In
death. The deceased lady was a very
active member of the Woman's Relief
Corps for many years and served in
the organization at various times up
to the last. In the long years of
her residence here she made many
friends who will regret to learn of
her passing.
The body was taken to the Horton
funeral home at Seventh and Vine
streets where the funeral services
will be Held Monday afternoon at
3:30.
Obituary
Mary Elizabeth Davis was born
near Victory, Jasmine county in Ken
tucky on Oct. 5, 1854, and when a
small child moved with her parents
Jennie and Henry Davis to Alex
andria, Missouri, and lived there un
til she came to Plattsmouth in Octo
ber, 1882.
She was the sixth of nine children
and was the last living of her Im
mediate family.
She was married to Hiram George
Spencer who preceded her in death
in 1897.
She was united with the Chris
tian church of this city when still a
young woman,, later taking up mem
bership with the Methodist Episcopal
church of which she has been a mem
ber for a number of years. She has
been a faitful member of the Wom
en's Relief Corps as well as the W.
C. T. U.
She leaves to mourn her death
one child, Mrs. William Highfield
with whom she has made her home,
and five grandchildren.
RETURN FROM OUTING
Dr. and Mrs. R. P. Westover and
daughters, Janet and Ruth, returned
Thursday from a two weeks outing
in Minnesota where they enjoyed the
fishing and the outdoor life of the
lake country. While not in the im
mediate section of the forest fires
that are ravishing the northern por
tion of Minnesota, they could easily
detect the smoke that was hovering
over the state as the result of the in
tense fires.
REPORTS SOME RAIN
From Saturday's Dally
Joe W. Whitlatch, a resident
the Greenwood community, was
of
in
the city today to look after some
matters of business. Mr. Whitlatch
reports that in his community there
was a trace of rain, but farther east
in the vicinity of South Bend there
was a much heavier rainfall, in some
places the water standing in the
roads.
We will aDDreciate our reader
Phone details to No. 6.
Tax Paid Under
Void Law Sub
ject to Interest
Court Decision Makes House Roll 4
Inoperative from Date of Its
Passage by Legislature.
Persons who made payment of
taxes (in whole or installment) un
der the non-penalty interest terms of
House Roll No. 4, Special Session
1935 Legislature did not gain any
thing, as the declaring of the law
unconstitutional by the supreme
court not only makes it as inopera
tive as though it had never been
passed but dates back to the time
of passage, instead of merely to the
date when it was found unconsti
tutional by the court a few weeks
ago.
Numerous persons who had paid
(axes under the provisions of this
law before it was held void, have be
lieved they stand relieved of pen
alty interest on their taxes because
they tendered payment prior to the
date of the court decision, but such
is not the case, and tlieir property
stands charged with the additional
sum, which must be met before a
clear title can be given.
The Attorney General has approv
ed an opinion given by the Assistant
County Attorney of Douglas county to
the Treasurer of that county, which
sets out the legal basis for such a
ruling in the following manner
(deleted of the source of court cita
tions which would be of little In
terest to the non-legal minded per
son) :
'. . . Your request for an opinion
is specifically directed to tne pres
ent status of those tax payers wno
have taken advantage of House Roll
No. 4. The general rule on this ques
tion-has been determined by the
Supreme Court of this state. (Leng-
Iry citations, conforming with and
similar to the following):
"An unconstitutional act con
fers no right. It imposes no duty.
It affords no protection. It is
in legal contemplation as in
operative as though it had
never passed.'
"The following opinion by the
United States Supreme Court deter
mines the time factor of when an
unconstitutional law becomes null
and void, being the leading author-
ty in this country, and there are
numerous ieorasKa cases suppori-
ng this same rule. (Citing):
"A decision that a statute is
unconstitutional has the effect
of rendering such statute abso
lutely null and void from the
date of its enactment, and not
only from the date on which it
is judicially declared unconsti
tutional." "The following general rule Is
also supported by competent author
ity: "All acts done under an un
constitutional law are void and
of no effect."
"It is clear from the decisions
herein quoted, that the taxpayers
who attempted to take advantage of
the provisions of the unconstitution
al House Roll No. 4 HAVE GAINED
NO RIGHTS and their taxes were
paid in as if House Roll No. 4 had
never been enacted. These taxpayers
cannot complain because they mere
ly paid a tax legally due, and owing,
and since House Roll No. 4 has been
declared unconstitutional, they find
themselves in a situation where they
HAVE NOT PAID THE FULL TAX.
that was and is legally due and
owing.
"In other words, no taxpayer has
been prejudiced, because ne only
did what he was legally bound to do.
and he gained no privilege under the
void House Roll No. 4 that became
a vested right.
"It is our opinion, therefore, that
any taxpayer who has either paid a
tax in full, or partially, under the
aforesaid House Roll No. 4, MUST
PAY THE INTEREST AND THE
TAX IN FULL, and that the lien cre
ated by statute is in full force and
effect for the tax, plus the interest."
VISITS AT SYRACUSE
W. G. Kieck, candidate for dis
trict judge, was a visitor at Syracuse
Wednesday to enjoy the day visiting
with his friends there and getting
acquainted with new ones. The occa
sion was a picnic arranged by the
residents of the community and
which wa3 very largely attended.
