The Alliance herald. (Alliance, Box Butte County, Neb.) 1902-1922, April 25, 1918, Image 9

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STORIES OF STATE WIDE INTEREST
BY
John W. Thomas, Deputy Commissioner Public Lands and Buildings
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UNcoi.s, thk cm BEA171UTL
The artist's pictur? for the head of j
this department is nicely drawn. but
it is none too pretty for the city it
is made to represent; and the legemi
contained thereon. "Lincoln, Capital
City, Famous Far and Near," is not
overdrawn.
As a commercial and manufactur
ing center, Lincoln has a business of
no mean proportions, as will be seen
by perusing statistical and other in
formation that will be found in these
columns in later losues of The Her
ald; but it is as an educational cen
ter and attractive place of residence
that she stands pre-eminent in the
middle west.
It is doubtful whether thtere is an
other American city of the same popu
lation that is as far-famed as Lin
clon. And her fame is well deserved.
Among the things contributing to her
popularity are beautiful and healthful
location in the heart or an exception
ally productive and rich agricultural
country, her citizenship, edcuational
institutions and the seat or govern
ment of the great state of Nebraska.
tot
8TATK HOTSK INFORMATION
Every loyal and patriotic citizen
of Nebraska desires reliable Informs
toin rrom the state capitol, unbiased
and uncolored by partisan prejudice,
sufficiently condensed to be quickly
read, to meet the demnnds of thes.'
busy times.
The average citizen believes him
self competent to judge public issues
on their merits for himself and he
is competent to do so when be is in
possession of facts necessary to arrive
at correct conclusions. This depart
ment is a good place to secure such
information relative to the affairs of
tho state government, given "in-a-nutshell"
style and from an ind pend
ent viewpoint.
t"t
VINDICATION BY IHVE8TIGAT1CHI
With the public as the jury, an in
vestigation has ben going on before
the board of commissioners of state
Institutions, winch has ben given the
air of a "trial" by the employmen
of attorneys to conduct the case.
After serving many years as super
intendent of the State Industrial
School for Girls at Geneva, having
been appointed and re-appointed by
republican governors and continued
in the position by their democratic
successors. Miss Lvdia J. McMahon
was requested last winter by the
board of commissioners of state insti
tutions to resiiin. She seemed to be
perfectly willing to vacate the place.
aB she had been thinking or accepting
another position, but she did notlike
the idea of a compulsory resignation.
To vindicate herself before the pub
lic. Miss McMahon requested an in
vestigation in the rorm or a hearing
before the board. This the members
at first declined to give, but later re
ceded to her request. To give a full
account of the same would occupy too
much space for this department and
make a story so long that it would
be read by only a comparatively few.
Following is the gist of the most in
teresting features:
The beginning of the truoble
that Is, the trouble serious enough to
require a change in the management
of the home, was the scandal caused
by the allegation that J. W. Fagan.
leader of the girls' band, nafl seduced
MIsb Grace Moore, an employe of the
home and member of the band. He is
now in jail awaiting trial. The in
vestigation, which is not yet complet
ed, has brot out statements tending to
show that Kagan is a dissolute charac
ter, that his improper conduct reflect
ed upon others at the home, teachers
as well as inmates, that after getting
Miss Moore into trouble he secured
drugs at Lincoln which he furnished
to her with the intention of produc
ing a criminal effect; that failing, the
superintendent of the home was in
formed of her condition, and that she
and others persuaded a. young rarmer
who was employed at the home to
marry Miss Moore without knowing
her condition Berore the marriage
she went to Kansas City, on a "vaca
tion' but with the intention of having
her become an Inmate of a maternity
home; she remained there only a
short while when she went to the
home of her parents in Colorado, to
which place the young farmer went
jto marry her. Not until arter the
! marl aft had been consnmated and
they had retired was he informed of
her condition, They lived together
' for a short while only.
The other interesting feature de
veloped by the investigation was the
cruel treatment of Inmates practiced
UPOB them by their "teachers." This
Included the use or a ball and chain
that some or the girls were compelled
to wear day and night for several
days at a time, the use or handcuffs,
whipping with butrgy whip and
j "blacksnake" whip until the blood
Iran and wounds made that left scars
that show plainly yet. The cirls tes
tified generally that Miss McMahon
! was kind to them herself but thai : he
I permitted others to infl;c: t.( punish
i ments above mentioned and others
of extreme cruelty.
The fact that J. VV. Fagan. leader
Of the band, was permitted to remain
I in the employ or the home and draw
I pay therefor nrter it was known by
j the superintendent and others in
charge that he had seduced Miss
1 Moore, adds to the difficulty or secur
! ing the "vindication" desired.
A recess In the investigation was
taken from last week until Wednes
day of this week. It Is expected that
Miss McMahon will put on some wit
I nesses that will represent her side of
the controversy and possibly have the
I effect upon the public mind that she
desires.
tt
j StTHMM, LANDS AND MINERAL
I.F.ASKS
With charges and counter charges
of unfairness, not to say dishonesty
and downright misrepresentations, by
parties interested in securing leases
on state lands granting the right to
f prospect for ami remove oil, potash
and other minerals (potash in partic
ular), no doubt many persons would
like an unbiased statement of the
facts bearing on the matter. Such a
statement will shortly be given thru
I this department in the form of a his
torjr of the proceedings to date.
This history will be made as con
! rise as may be consistent with a pre
sentatlon of all the essential facts. In
i writing it, I shall endeavor to avoid
expressing opinions and give only
'cold, bare facta This. I think, is
what the majority of the people who
are at all interested would like to
nave. Thef are able to draw thir own
i conclusions when they have the infor
D ttion that I am in position 'o give.
' I have neither time nor disposition to
draw conclusions for them.
THE COMPLETE DRAFT
OF THE POTASH BILL
(Continued from Page Six)
person shall be permitted to enter
for such mineral purposes more than
one section of land and no develop
ment company or association shall be
P emitted (0 acquire in the aggregate
more than 10.000 acres of state
land by assignment or otherwise.
Leases shall be for a term or not to
exceed three years, subject to re
in wal as herein provided.
Sec. 4. The owner or the permit
shall be required, in the case of pot
ash, salines, silica, volcanic ash, sand,
gravel, clay, fuller's earth and tripoli,
to report within thirty days arter the
issuance or such permit, and shall be
gin construction or necessary works
or the installation or necessary ma
chinery ror the physical development
or the area within ninety days arter
the issuance or a lease In the case
of minerals, substance not above
enumerated, coal, petroleum and gas.
permittee shall report within six
months after issuance of permit, and
development operations must be be
gun within one year from the date
of the lease. Lessee shall make re
ports to the Commissioner of Public
Lands and Buildings, showing the
progress of the work, on or efore De
cember 1st of each year.
Sec. 5. Failure to progress with
due diligence, or failure to make re
ports, regularly as provided, or spe
cial reports when requested, or the
filing of a statement which is untrue
aB to material facts, will Bubject the
permit to forfeiture, and the term
ination of the rights of the lessee
upon an order of the state board.
Sec. 6. Upon the discovery of pe
troleum, gas, potash, or other ma
terials or substances. In commercial
Quantities, the lessee shall report the
same to the Commissioner of Public
Lnndl and Buildings within thirty
data, together with a statement
showing how soon facilities neces
sary for production and marketing
may be Completed. If the Hoard Of
Educational Lands and Funds deems
there Is an unnecessary delay be-1
'ween the time of discovery and the
time of production, showing may be
required hs to the cause of the de
lay, and. if it be round to be out or
proportion to a reasonable length or
time, the hfcard may demand more
rapid development or the surrender
or cancellation or the lease.
Sec. 7. The mineral prospector'
lessee may have a right to the renew
al or the lease upon the same terms as
herein provided so long as such min-;
erala or other valuable substances are'
produced in paying quantities, provld-!
ed said leases shall In no instance
ontain any provision abridging the'
lights or rtlture legislatures to make
such laws as may in their Judgment!
be necessary to conserve the interests
or the state. H lessee shall have made
extensive tests, or a showing satisfac-j
tory to the Hoard of Educational I
Lands and Funds that he has proct ed-
ed in good faith, even though no suc
cessful production has resulted, the
board may, upon suc showing, grant
an extension or renewal for further
prospecting.
Sec. 8. The terms upon which min
eral oil prospector's leases may be Is
sued shall be to the highest and best
bidder and one-eighth royalty in the
case of petroleum or gas. In cases
ol potash or other substances the
leases issued shall be to the highest
and best bidder and the royalty shall
be not less than five per cent, in ad
dition to the bonus, the same to be
determined by the state board arter
examination and report by the con
servation and soil survey, and berore
leasing. Such minerals or substances
shall be set apnrt in pipe lines, tanks
or other receptacles, suitable for re
ceiving the same, to the credit and
benefit of the state, or, at the option
or the state and by the approval or
the Hoard or Edlucational Lands and
Funds, the lessee shall pay each
thirty days into the proper education
al rtind or the state through the
county treasurer of the county in
which the land is situated the grns.;
market value thereof in cash. The
state shall reserve the right to fully
use and enjoy ror tillage or other ag
riculture the area leased for minerals,
except such parts thereor as may be
necessary for mining and develop
ment purposes and a righf of way
over and across said premises to the
place of mining, or operating, and
for pipe lines. Leasee shall pay for all
damages to growing crops, caused by
his operations and for the use of the
land necessarily occupied. The les-
see shall hav ethe privilege of using
sufficient gas and water from the
I Premises leased to run necessary
boilers and engines incident to, and"
used in the operations or the drills,
I mines or development or products
covered by the lease, the rights to re-
( move the machinery, fixtures and
! buildings placed on said premises by
said lessee, or those acting under
him, and is not to put down any well
ror oil or gas or make any excava
tions or erect any buildings or struc
tures, on lands leased, within ten rods
of buildings already upon the prem
ises, without consent from the Hoard
of Educational Lands and Funds.
Provided the state or its authorized
agent, may pay for and retain any
structure or improvements sought to
be removed by the lessee upon aban
donment, expiration or cancellation
or the lease.
Sec. 9. Where two or more appli
cations are received for the same
land, the rights thereon may be
awarded to the legally qualified appli
cant paying the highest and best bid
to be determined by taking into con
sideration both the bonus and royal
ty, the award being made after prop
er legal notice in such manner as the
state board shall determine best cal
culated to protect public interests.
Sec. 10. The right of the state, or
its authorized agents, to enter upon
its own lands, and to remove there
from any substances necessary for
road construction, or In structures of
public buildings, or other public or
general purposes, shall not be denied
or abridged by any lease granted
hereunder.
Sec. 11. No assignment shall be
valid without it has the approval of
the Board of Educational Lands and
' Funds and has been recorded In the
I office of the Commissioner of Public
Lands and Buildings, and, If the
j grantee is otherwise legally dlsquali
i fled, approval by the board, or record
ing, will not make such assignment
valid. Any association, corporate or
otherwise, operating on state lands.
I transferring its Interests or capital
stock, or more than ten per cent
thereof, to any association or copora
tlon which Is legally disqualified for
holding, or which has Its full quota
of state leases, will render the leas s
it holds Void, upon a order of the
state hoard, or act of the legislature,
the purpose Of this act belni tO pre
vent tor all times, directly and Indi
rectly, the monopolization of natural
resoun I s of the State of Nebraska.
Sec. 12. In case of alkali, potash
or saline lakes, ponds or marshes, lo
cated partly upon state lands and
partly upon private lands, such shall
be measured, tested and analyzed by
the State Conservation and Soil Sur
vey, who shall report to the State
CV mmlssloner of Public Lands and
Buildings, and the proportion of area
and content to each owner determin
ed rrom such.report. H the state les
sees and private owners or lessees are
tinable to agree ror joint operation or
such area, no alkali, potash or sa
lines in solution, shall be removed
from such ponds, lakes, or marshes
until after thirty days' notice by reg
istered mail to all parties concerned.
Either party or all parties may then
Operate b rendering monthly an ac
counting to the state land commis
sioner and by paying to the county
treasurer in the county In which the
land is located, for the state educa
tional runds. the royalty due the state
las determined by the Hoard of Educa
tional Lands and Funds; provided
that the stale shall, at al ltimes, be
permitted to examine the books nnd
methods of bookkeeping with relation
to the accounts in which the state Is
interested, and to furnish, if deemed
necessary by the board, assistants to
make analyses or for checking the
quality of minerals or substances re
I moved.
i Sec. 13, Meandered lakes, and
streams, shore lines of which
were meandered by government sur
v ft and the beds thereof are de
clared to be the property of the state i
for tin benefit of the public, and
revenues therefrom and reSJOUrCM I
therein shall he suhjeei to such laws:
and regulations as govern common
scimoi lands, aii moneys derived fromt
I he operation of this act shall be for
the permanent educational funds of I
the stale, and where It comes to the
knowledge of the Commissioner of
Public Lands and Buildings that j
Waste or spoil has been committed
Upon any state land, he shall cancel
the contract for such lands forthwith'
upon his records.
Provided, however, that nothing:
herein contained shall be construed as'
claiming title in the State of Nebras-
ka to any lake or streams or that por
tion of a lake or stream located up
on lands, patents to which have been
Issued by the United States to private
individuals or persons.
Sec. 14. Any person operating
pumps, or providing channels, or al
tering natural conditions in any way,
by which the waters and valuable
substances upon or in public lands
and waters of the, state nre taken.
drained or removed, without first se
curing approval of the Hoard of Ed
ucational I.. .mis and Funds, shall he
deemed guilty of a misdemeanor and
upon conviction thereof shall be sub
ject to a fine In a sum of not less
than $25.00, nor more than $1,000
for each offense, in addition to the
value of the product removed.
Sec. 15. Rules miiy he adopted by
the Hoard of Educational I ..unit, and
Funds found necessary for carrying
'out the purposes of and provisions
of this act, and such rules, where not
in conflict herewith, shall have all the
force and effect of the act Itself.
Sec. 16. The holders of mineral
leases heretofore granted by the
Hoard of Iands and Funds, which
leases have been declared invalid,
may apply, under the direction or
this act, ror new leases, nnd the board
ma) In Its discretion determine If
the bonus and royalty Is equal or bet
ter thag bona tide competitive bids.
If the lessee has tuaile extensive or
' peeslVe preparation nnd Is prepar
ed for proceeding with development,
the boafd may In Its discretion, con
sider the Same and Issue new leases
to said lessee under and by virtue of
this act.
Sc . 17. SAVING CLAUSE Should
thecourts declare any section, or anjr
pari of a section, of this article uncon
stltutlonal or unauthorised by law, or
In conflict with any other section or
part or subdivision of a section or
provision or this article, then such de
cision shall effect only the section or
part, or part or subdivision of a sec
tion, or provisions so declared to he
unconstitutional, and shall not effect,
any other section or nny other parfc
or subdivision of a section or pro
vision or part of this article. It 1st
further expressly provided t hat each
section and each part or subdivision
of a section herein, so far as an in
ducement for the passage of this bill
is concerned, Is independent or every
othe rsectlon, nnd every other part or
subdivision of a section, and not any
section or any part or subdivision of
a section is an inducement for the
enactment of any other section or
part or subdivision of a section.
Sec. 18. Section 5870 of the Re
vised Statutes of 1913 is hereby repealed.
Sec. 19. Whereas an emergency
exists, this act shall be In full force
and effect and after Its passage audi
approval.
Sergeant C. F. Wykoff, of Alliance,
has arrived In France. A card receiv
ed from the sergeant, who Is a mem
ber of the Alliance Volunteer Fire de
partment, by The Herald says "I have
arrived Bafely overseas."
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The Eagles Eye
True Story of the Imperial Oerman Government's Spies and
Intrigues in America
ly William J. Flynn
Recently Retired Chief of the United States Secret Service
A thrilling expose in 20 chapters of the tremendous net
work of spies and plots, with Bernstorff, Von Papon and
Boy-Ed at the bead, which finally drew America into the
war.
It Starts Sunday, April 21 in
The Sunday Journal
"irst Chapter, THE BIDDEN DEATH. How the sinking of
the iUSitanis was plotted and achieved.
The attempted bombing ot HOP naval orficers In the Hotel An
sonia in 1915.
The attempt to torpedo the flagship of the Kreat Atlantic fleet
in New York Harbor.
' Frant von Rintelen with his 150,000,000 destruction fund.
Attempts to fomeni ew York dock strikes and destruction of vast stores.
Dr Heinrich Albert, (ierman fiscal spy, and his brown portfolio.
Lieui Robert Fay sent to America to destroy shipping.
Destruction of munitions plants and loss of life.
Attempted invasion of Canada in hopes of stirring Oerman reservists.
10 The binning of Hopewell, Va., city of 26,000 lost thru Germany's efrorts.
11. Second attempt to destroy the Welland canal, fostered in I eart or New York.
Franz Bopp conspiracy to destroy L. 8. fictorles.
Karl Boy-Ed and the true story of why Villa raided Columbus, N. M
Poisoning cotton and bandages.
Secret service story of secrets behind New York spinal meningitis epidemie of 1114.
tierman agents attempt to build TJ-Boat baae near New York.
17. (irmany'i attempt to control wireless of the world, and how secret servloe blocked
12
13
14
15
it.
IS. Attempt to kill thousands of troops thru tetanus infection..
19 The German seoret behind the I. W. W.
20 German asnts' activity in the final Oars before the declaration ot war.
The series of SO articles with a 30 weeks' subscription to the Bit Sunday Journal
and its maawslne features, colored comic, colored fashion section and hosts at other
feature will be mailed for
Subscription Retee
Daily (Morning or Brening)
and Sunday
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ONE DOLLAR
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