The McCook tribune. (McCook, Neb.) 1886-1936, March 06, 1891, Image 4

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    By F. M. KIMMELL.
THE Australian ballot bill is the
law of the land now.
SENATOR MANDERSON'S choice as
president of the senate is quite a
tribute to Nebraka's senior senator.
THE repeal of the timber cul
ture and pre-emption laws will af
fect this section perhaps to an un
pleasant degree.
THE secretary of the interior has
concurred in the finding of the
commissioner of the general land
office in holding for cancellation
the homestead entry of David B.
Swobe for the northwest quarter
of section 8 , township 6 north ,
range 37 west , McCook land dis
trict , Nebraska. The entry was
contested by Samuel A. Dryden.
THE Chicago Tribune says that
Jay Gould's moral influence upon
the world may bo best judged from
the fact that he thinks § 250,000
is not too much for a gentleman
to spend upon a yacht , and that
$5.000 is as much as the taxpayers
should be asked to chip in for a
public school.
THE Arkansas river was last year
drained dry by irrigation. They
now have a plan of watering the
bottom lands by starting a ditch
on the surface and running it into
the hills with a little less fall than
the river , until they strike sheet
water and irrigate by using the
underflow. In all localities where
sheet water is not too far under
ground , this plan is practicable.
_ .
-KJL1- -
HON. THOMAS H. BENTON , state
auditor , and Hon. John C. Allen ,
secretary of state , leave to-day to
represent the Nebraska state board
of transportation at a meeting of
the railroad commissioners of the
United States with the interstate
commerce commission , which oc
curs in "Washington , D. C. , on the
4th of March. They expect to be
absent about a week. Sunday's
Journal.
THE Australian ballot bill has
been signed by the governor and
is now in force under the emerg
ency clause. This is a matter oi
prime importance to every city ir
Nebraska in which a municipal
election is to be held this spring.
To prepare for voting under the
new system is a serious piece of
business even when there is plenty
of time for learning all the provis
ions of the law. In the present
case the time is so short that it
will require the most vigorous ex
ertions on the part of public offic
ers and party managers to prepare
the machinery for election and to
instruct the voters before the day
for the spring election arrives.
RADICAL climatic change , says
the World-Herald , is the object
sought to be attained by the pond
system. Any other practical and
speedy means of increasing the
evaporating surface and the hu
midity of the atmosphere is also
entitled to consideration , and the
World-Herald respectfully re
minds those most concerned that
tree planting is a time-honored
mode of inviting moisture. Five
acres of timber on every quarter
section of our arid region would
double the persuasive power of the
artificial lake in settling the irri
gation question and beautifying
the landscape. Catalpa , mulber
ry , ash , box elder and the marvel
ous eucalyptus will , after a little
nurturing , flourish even in the
desert Give them a fair start
and they will soon compel the
elements to contribute to their
support. In a very short time
they will transform the wilderness
to a garden and repay a thousand
fold their cost
RED WILLOW'S COUNTY SEAT
REFEREE CESSNA REPORTS
HIS FINDINGS.
They Indicate that the Commissioners
Didn't Give McCook a Remarkably
Square Deal.
Judge J. B. Cessna of Hastings ,
referee in the celebrated Eed Wil
low county-seat mandamus case ,
yesterday , filed in supreme court
the remainder of the testimony
taken and his finding of facts.
The taking of testimony consumed
forty-four days , while the referee
put in about seventy-five days on
the job. The report com'prises six
volumes of testimony and exhibits ,
or about 3,000 pages. It will be
remembered that some time last
summer there was a petition pre
sented the county commissioners
of Eed Willow county demanding
that they call an election to permit
a vote upon the re-location of the
county-seat. The latter was then
and is now located at Indianola ,
and the re-location movement was
in the interest of McCook. It ap
pears , however , that two of the
three commissioners were friendly
to Indianola and the petition was
thrown out , as will appear from
the referee's report. Justin A.
Wilcox thereupon applied to the
supreme court for a writ of man
damus to compel the board to call
an election , and the case was re
ferred to J. B. Cessna to find and
report the facts. He finds that
the petitions contained over 1,550
names ; that the county board , or
two of the members thereof , took
the list and examined it and found
only 491 names thereon of men
whom they knew to be voters.
They also established another list ,
known as the black list , which they
declared it to be their intention to
further investigate. This they
never did. All of their findings
were based on their own personal
knowledge , instead of upon testi
mony of witnesses as the law
directs. The referee also finds
that parties who demanded per
mission to offer testimony to prove
the validity of the signatures to
the petition and the qualifications
of the signers were not permitted
to do so. He also finds from the
testimony that at least 1,106 of
the names on the lists were those
of qualified voters , which was more
than the required number , the
vote at the preceding general elec
tion being used as a basis. Three-
fifths of that vote was 954 , so that
the petitions contained 152 more
than the number required. The
findings , if confirmed by the court ,
will be a stunner for Indianola.
Tuesday's State Journal.
J. B. CESSNA of Hastings , referee
in the great Eed Willow county-
seat fight mandamus case , has ship
ped to the supreme court the re
sult of his work with the exception
of his report of finding of facts.
The immense package was receiv
ed yesterday and comprises five
big volumes , three of testimony ,
one of exhibits and one of the
records. There are 1,300 type
written pages of testimony. Sun
day's Journal.
CHRISTIANITY in adjusting itself
to the salvation of a new world is
happily assimilating the power of
art and literature. No longer is
fiction forbidden no longer is
poetry banished from the home
no more is science despised as im
pious and sacrilegious. The re
ligious journal has left off the old-
time lugubriousness and has pass
ed from the hysteria of fear into
the calm , healthy , solid state of
faith which accepts whatever is
true as cumulative Christian evi
dence. In confirming this it has
opened its columns to all worthy
currents , and has sought to reflect
the liberality of Christian civiliza
tion.
THE preliminary shirmishing in
the suit to determine the citizen
ship of Governor Boyd was ended
yesterday , and the case will now
come to speedy trial on the main
point involved in the petition of
General Thayer. That point is the
right of Governor Boyd to hold
the office. To retain the position
he must show that he is a citizen.
Upon a failure to do so the court
will without doubt declare the of
fice vacant and decide whether the
legal incumbent is General Thayer
or Lieutenant-Governor Majors.
The case is rapidly reaching the
most interesting stages. Unless
it is carried to the United States
courts it is likely that a settlement
will be reached in a few days.
To-day's Journal.
AMONG the many commendable
acts of congress , that which cuts
down four-fifths of the profits of
the pension fee sharks deserves
a conspicuous place.
SHERIFF'S SALE.
By virtue ol an order of sale directed to me
from tbe district court of Hed Willow county ,
Nebraska , on u judgment obtained betore
lion. .1. E. i ocnruii , judjre of tbe district court
ot Ked Willow county. Nebraska , on tbe 9th
day of June. 181)0. m 1'avor of Nebraska Loan
& Hanking Co. as plaintiff , and against John
Howater. W. J. Wheeler and John Hiley as de
fendants , tor tbe sum of two hundred and
thirty nine dollars and twenty-five cents , and
costs taxed at $18.53 and accruingcosts. I have
levied upon tne followinir real estate taken as
the property of snid defendants , to satisfy
said decree to-wit : W. JJ N. W. & section 33.
township 4. runci ; 30 , west 6th P. M. And will
offer the same for sale to the highest bidder ,
for cash in hand , on the 9th day of March. A.
D. 1891. in front of the south door of the court
house , in Indhinola. Nebraska , that heintr the
building wherein the last term of court was
held , nt the hour of one o'clock. P. M. , ot snid
day. when and where duo attendance will be
given by the undersigned.
Dated January 27th. 18U1.
38 W. A. McCooi. .
Sheriff of said County.
The above sale was continued from October
21 , Ib'JO for want of nidders.
SHERIFF'S SALE.
By virtue of an order of sale djrected to me
from the district court of Ued Willow counts' ,
Nebraska , ou a judgment obtained before J.
E. Cocbrmi , judge ot tbe district court of Ued
Willow county. Nebraska , on the 10th day of
December. IS'JU. in tuvorof Emily O. Gibbs as
plaintiff , and against Henry Uallreich as de
fendant. for the sum ot six hundred und forty-
six dollars und thirty-one cents , and costs
taxed at ? 31.48 mid accruing costs. I have
levied upon the following real estate taken as
the property of Raid defendant , to satisly said
decree to-wit : The N. W. & of section 11 ,
township 1. north of miijielW , westof 6th P. M. ,
in Ued Willow county. Nebraska. And will
offer the same for sale to the highest bidder ,
for cash in band , on the 21st day of February.
A. D. Ib'Jl. in trent of the south door of the
court bouse , in Indianola. Nebraska , that
being tbe building wherein the last term ot
court was held , at the hour of one o'clock ,
P.M. , of said day. when and where due at
tendance will be ( riven by the undersigned.
Dated January 5th , 1881.
! ! ! l W A MrPnnr.
Sheriff of said County.
The above sale was continued for want ol
bidders until March 28.1891.
SHERIFF'S SALE.
By virtue of un order of sale directed to me
from Ui < ' district court of tted Willow county ,
Nebraska , on u judgment obtained before
Hon. J. E. Cochran. judge ot the district court
of Ued Willow county , Nebraska , on the 2d
day of December. 1889 , in favor of Nebraska
& Kansas Farm Loan Company as plaintiff ,
and against James A. Porter as defendant ,
for the sum of fifty-six dollars and forty four
centsand costs taxed at $20.83 and accruing
costs. I have levied upon the following real
estate taken as tiie property of said defend
ant , to satisfy said decree , to-wit : N. E. % of
N. W. & and N. W. J of N. E. M of section 33.
and S. E. X of S. W. & , and S.V. . X of S. E. a
section 28. town. 1 , range 26. west of 6th P. M. .
in Ued Willow county , Nebraska. And will
offer the same for sale to the highest bidder ,
for cash in hand , on the 21st day of February.
A. D. 1891. in front of the south door of the
court house , in Indianola. Nebraska , that
being the building wherein the last term of
court was held , at the hour of one o'clock P.
M. . of said day , when and where due attend
ance will be given by the undersigned.
Dated January 7,1891. W. A. McCoor , .
33 Sheriff of said County.
The above sale was continued for want of
bidders until March 28,1891.
SHERIFF'S SALE.
By virtue of an order of sale directed to me
from the district court of Ked Willow county ,
Nebraska , on a judgment obtained before
Hon. J. E. Cochrau , judge of the district court
of Ued Willow county. Nebraska , on the 29th
day of September , 1890 , in favor of Iowa Mort
gage Co. as plaintiff , and against John N.
Smith and Lucindu Smith as defendants , for
the sum of thirty one dollars and sixty cents ,
and costs taxed at $25.68 and accruing costs. I
have levied upon the following real estate
taken as tbe property of said defendant , to
satisfy said decree to-wit : N. E. & section 6.
township 4 , range 30 west , 6th P. M. , in Ked
Willow county. Nebraska , containing 157 and
53-100 acres by government survey. And will
offer tbe same for sale to the highest bidder ,
for cash in hand , on the 9th day rff March A. D.
1891. In front of the south door of the court
bouse , in Indianola , Nebraska , that being tbe
building wherein tbe last term of court was
held , at the hour of one o'clock P. M. , of said
day. when and where due attendance will bo
given by the undersigned.
Dated January 27th , 1891.
36. W. A. MCCOOL.
Sheriff of said County.
NOTICE OF SETTLEMENT.
In estate of Andrew ) In county court , Red
Bankson , deceased. J Willow county , Neb.
To the creditors , heirs , legatees , and others
interested in the estate of Andrew Bankson.
TAKE NOTICE , That Paul Bankson has
filed in the county court a report of his doings
as administrator of said estate , and it is order
ed that the same stand for hearing the 4th day
of May , ( A. D. , ) 1891 , before the court at the
hour of 9 o'clock , A. M. , at which time any
person interested may appear and except to
and contest the same. And an order will be
made assigning the residue of the estate to the
legal heir or heirs at law of said deceased.
Witness my hand and the seal of the county
court at Indianola this 25th day of February ,
( A. D. , ) 1891. ' HARLOW W. KEYES ,
40-413. County Judge.
Notice of Dissolution.
Notice is hereby given that the partnership
heretofore existing : between J. C. Allen and
A. Teazle , deceased , under tbe firm name and
tyle of J. O. Alien tc Co. . baa this day been
dissolved by mutual consent. The business
will be continued by J. C. Allen.
J. C. AI.LEN.
, , , . , LDKVA YKAZLK.
Administratrix of A. Ycazle.
MoCook. Neb. . Feb. 17.1891.
Cbiirlcs V. Anderson. A. II. Baldwin and
Mrs. Haldwin.hl ? wife , whose first nutne Is un
known , defendants , will take notice that on
the 30th day of September , 1890. Charles P
Dewev und Albert 11. Dowey. partners doing
business under the Srm name of < J. P. & A. U.
Dowoy. plaintiffs , tiled their petition in the
district coutt orited Willow county.Nobraska
ttiu object and prayer of which Is to foreclose
ucertuln mortgage upon tliesoutheustquartor
of the northwest quarter und the oust half ol
the southwest quarter of section thirty , and
the northeam quarter of thonorthwestquurter
of section thirty-one , in township two. north
of finite ihlrty , west of the sixth P. M..in Hot
Willow county. Nebraska , jdveii to said plain-
tills by the defendant Charles V. Anderson tc
secure the pavmont of eleven notes , all dated
November Uth. 18SC. one for the sum of ? 2oO 00
due in five years after date , und ten each for
the miin of $12 50 und Tallinnduo : G. 12. 18. 24
30.30.42.48. 54 and 00 months after date , all
hearing Intelcst nt ten per cent , per annum
after maturity. That default bus been made
in the payment of the notes of $1250 each ,
maturing on the first day of May. 1889. on the
first day of November. J88U. on the first day
of Muv. 1800 and on the first day of November.
1890. which default continues , that under the
conditions of said mortgage all of said notes
have become due and payable , and there is
now due the plaintiffs on said notes the sum
of $311.00 with interest at the rate of ten per
cent , per annum from the 10th day of Decem
ber. 18UO. That the defendants be required to
pay Raid sum and interest or that the mort
gage be foreclosed and said premises bo sold
according to law and the proceeds of said sale
applied to the payment of said sum and inter
est. You are required to answer said petition
on or before theSinl day of March. 1801.
Dated this llth day of February. 1801.
C. P. & A. B. DKWKT , Plaintiffs.
By W. S. Morlan. their attorney. 38-4t.
Bertha A. Llbbie and M. A. Llbbie. defend
ants , will take notice that ou the 7th day of
February , 1801. The McCook 'Co-Operative
Uuildinu and Saving Association , pluintlll.
filed its petition in the district court of Ited
Willow county. Nebraska , against the above
unmet ] defendants , the object nud prayer of
wbich is to foreclose u certain mortgage upon
lots six und seven in block four. In North Mc
Cook , in the city of McCook , in Ked Willow
county , state of Nebraska , uiven by thcubove
named defendants to the above named plain
tiff to secure the payment of a certain prom
issory note dated September 26.1880. for the
sum of ? 00. payable in installments of four
dollars each ou or before the twentieth of
each mouth thereafter , and the sum of six
dollars on or before the twentieth of each
month thereafter , being interest at nine per
cent , per annum on said $800 for one month ;
said payments to continue until four shares
owned by eaid defendants in said McCook CoOperative -
Operative liuilding and Saving Association
arrive at the par value of two hundred dollars
each , according to the rules and regulations
of said Association. That the defendants have
made default in the payment of said monthly
installments of principal and interest , and
under the conditions of said note and mort
gage the plaintitr is entitled to a foreclosure
of said mortgage. That there is now duo on
said note the sum of $742.11 witti interest at
the rate of nine per cent , per annum from
the 20th day of January , 1801. That said de
fendants be required to u y said sum and In
terest or that said premises bo sold and the
proceeds of said sale applied to the payment
of said debt.
You are required to answer this petition
on or before the 30th day of March , 1801.
Dated this 17th day of February. 1801.
TUB MCCOOK CO-OPKKATIVK HUILDING AND
SAVING ASSOCIATION. Plaintiff.
\V. S. Morlan , its attorney.
TO HENRY SMALL AND M. A. SMALL :
You will take notice that on the 18th day of
February , 1891. Henry 8. Bartholomew , plain
tiff herein , filed his petition in the district
court of Ked Willow county. Nebraska , against
you as defendants , the object und prayer of
which is to foreclose a certain mortgage exe
cuted by the deiendunts upon the following
described property , situated in the county of
Hed Willow , state of Nebraska , to-wit : Twen
ty feet off the west end of lota fourteen and
fifteen in block twenty-nine in the town of
McCook. to secure the payment of one certain
promissory note dated June 11. 1883. for the
sum of $50000 due und payable live yoais
from the date thereof ; that theie is now due
on said note and mortgage , including the pre
miums paid by the plaintiff for insurance on
said premises , the sum ot § 530.00 with interest
at the rate of ten per cent , per annum on
SoOO.OO thereof from the llth day of December.
1888 , and on $30.00 thereof from the 20th day
of January. IbOl. and pruying that said prem
ise may be decreed to bo sold to eatisty the
amount due thereon ; und further that a re
ceiver be appointed to take charge of sale
uremises. to collect and receive the rents and
profits thereof , and that the same bo applied
to the amount found duo plaintiff. And yoi
will take further notice that on tiie 13th day
of April. 1891 , at the hour of 10 o'clock. A. M.
or as soon thereafter as I can be heard. T will
make application to Hon. J. K. Cochran. judge
of the district court of said county , for the
appointment of u receiver to take charge ol
the premises mentioned in the plaintiff's peti
tion , upon the ground that the mortgaged
property is in danger of being materially in
jured , and that the samp is insullicient to dis
charge the mortgage debt. Oral and written
testimony will be used in support of said ap
plication. I propose the name of J. E. Kelley.
asr eceiver. with George W. Burton and A. E
Harvey us his sureties : I also offer as sureties
for myself Geo. W. Burton and A. E. Harvey.
You are required to answer said petition on
or before the 13th day of April. 1801.
Dated this 28th day of February. 1801.
HENRY S. BARTHOLOMEW. Plaintiff.
By W. S. Morlan. his Attorney. 41
Publication of Summons.
In the District Court of Ked Willow County ,
Nebraska.
K. J. Angus , plaintiff , vs. Frank \V. West ,
Lottie 13. West , William Hexour , Mary
Sexour , George Hileman , Mattlia J. Hile-
man , Lillali A. Tedrow , John H. Eichel-
barger , Sarah E. Eichelbarger , L. W.
Tubbs and Mrs. L. W. Tubbs his wife ,
whose Christian name is to plaintiff un
known , defendants.
To John H. Eichelbarger , Sarah E. Eichel-
barger , L. W. Tubbs and Mrs. L. W. Tubbs ,
wife of said L. W. Tubbs , whose clnistiau
name is to plaintiff unknown , defendants.
You will take notice that on the 27th day of
February , A. D. 1891 , K. J. Angus , plaintiff ,
filed his petition in the District Court of Eed
Willow county , Nebraska , the object and
prayer of which is to foreclose a certain
mortgage executed by the defendants Frank
W. West and Lottie ± \\rest to the Dakota
Mortgage Loan Corporation , ( now the Globe
Investment Company , ) and duly assigned to
plaintiff herein , upon the northwest quarter
of section thirty (30) ( ) in township one (1) ( )
range thirty (30) ( ) west , in lied Willow county ,
Nebraska , said mortgage being dated the
twelfth day of March18S8 , and upon which
there is now due the stun of S75.00 and inter
est thereon at the rate of ten per cent , per
annum from the first day of March , A.D.1890.
Plaintiff prays for a decree of foreclosure
and sale of said premises ; that the detend-
ants be foreclosed and barred of all title , lien
or other interest in said premises ; for defici
ency judgment and equitable relief. You
are required to answer said petition on or be
fore Monday , the sixth day of April , 1391.
Dated this 27th day of February. 1891.
K. J. ANGUS , Plaintiff.
By his attorney J. E. Kelley. 4Wt. (
LAND OFWCB AT MCCOOK , NEB. , J
January 26th , 1801. f
Notice is hereby given that the following-
named settler has filed notice of bis intention
to make final 5 year proof in support of his
claim , and that said proof will be made before
Register or Receiver at McCook. Neb. , on
Tuesday , March 10th. 1891. viz :
ALBERT BR1GGLE.
H. E. No. 5040 for the S. E. & of section 35. in
town. 5 north , range 28. west 6th P. M. He
names the following witnesses to prove his
continuous residence upon , und cultivation
of , said land , viz : John B. Thomley , James
Bergln , Almarion W. Newland and John
Grieves , all of Indianola. Neb.
136 S. P. HART. Register.
LAND OFFICE AT MCCOOK. NEB. .
March 4th. 1891. f
Notice is hereby given that the following-
named settler has filed notice of his intention
to make final five year proof in support of his
claim , and that said proof will be made before
Register or Receiver nt McCook. Neb. , on
Saturday. April lltb , 1801 , viz :
BEN B. SMILEY.
H. E. No. 9389 , for the S. W. Ji of section 29 ,
in town. 1 , north of range 27. west of 6th P. M.
Ho names the following witnesses to prove
bis continuous residence upon , and cultiva
tion of'said land , viz : William J. Stilgebouer ,
Joel B. Dolpb. Henry H. Anders , .Henry Mar
shall , all of Danbury , Neb.
4l J.P.LINDSAY , Register.
GOING UP !
FOR THE GOOD OF THE COMMUNITY
] Mny bo the correct tiling for a
horse-thief or desperado , but
DOWN !
FOE THE GOOD OF THE COMMUNITY
*
Is the proper thing where prices are concerned , and tliut is
precisely where we propose to benefit our patrons.
Prices Will Be Lower
at the CASH BARGAIN HOUSE this season than ever before ,
and we have a great , big splendid stock of new
Dry Goods , Groceries , Clothing , Boots , Hats ,
Caps , Furnishing Goods , Notions , etc. This means good
fortune to every buyer. All goods in this line are way up
in quality , and just us good as they make 'em anywhere on
this earth. The styles are the newest and nicest pick of the
big markets and the assortment is unequalled. Now como
and compare prices. You will never regret giving us a fair
chance to sell you good goods cheap.
DEL LAFLIN , Manager. J. C. ALLEN.
EVERY WATERPROOF COLLAR on CUFFi
THAT CAN BE RELIED ON
BE UP 3NTot "to
TO
to
THE MARK
BEARS THIS MARK.
TRADEMARK i
ii
MARK *
NEEDS NO LAUNDERING. CAN BE WIPED CLEAN IN A MOMENT.
THE ONLY LINEN-LINED WATERPROOF
COLLAR IN THE MARKET.
W. 0. BULLAKD & CO.
LIME , HARD
CEMENT , LUMBERHARD AND
DOORS , LUMBER
BLINDS.LUMBER SOFT
BLINDS. COAL.
-lol-
RED CEDAR AND OAK POSTS.
. xJ. WARRRN , Manager.
&M. Market.
FRESH AND SALT
MEATS ,
BACON. BOLOGNA.
CHICKENS.
. . .
TURKEYS. &c. , A.C.
R. A. COUPE & CO. , Props.
A woman may sev/and a Woman may spin , '
And a Woman may WbrK aD day , 'II
But LvdM § TA < tf uW comes into her bouse
Then Vanisfa all trouble *