Nebraska Newspapers

    Official Paper of Box Butte County
me County
ov;
TWICE A WEEK TUESDAY AND FRIDAY
Official Taper of tne City of Alliance
"1:
VOLUME XXVIII.
ALLIANCE, BOX BUTTE COUNTY, NEBRASKA, FRIDAY, JANUARY 7, 1921
NO. 12
I,
VOTERS FAVOR
CITY MANAGER
FORJ.LIANCE
SPECIAL ELECTION RESULTS IN
ENDORSING PLAN
FIFTY-THREE VOTES MAJORITY
Telephone Franchise Overwhelmingly
Defeated With 273 Votes to Spare.
Nearly Seven Hundred Out
to Cast Ballots
Tuesday's special election, called for
the purpose of deciding whether Alli
ance should be the first city in Ne
braska to try the city manager plan
under the provisions of the state law,
and to decide whether popular opinion
favored the granting of a franchise
to the Nebraska Telephone company,
again showed the futility of attempt
ing to forecast the sentiment of the
elusive voter. There were 699 votes
cast in the four wards,, and the city
manager plan was approved, 376 bal
lots being cast in its favor, and 323
aeainst. the majority being 53.
The telephone franchise went down
to defeat by an overwhelming ma-
ioritv. The proposal mustered but
202 votes in its favor, and 475 regis
tered an emphatic disapproval of giv
ing the telephone company anything.
Following is the unofficial tabula
tion of the vote:
City Manager Plan.
For Against
First ward 1 62 31
Second ward 109 1C6
Third ward 125 07
Fourth ward 80 29
charge. Later the powv, to make
. rates was given to the railwuy com
mission, which promptly permitted the
company to hike their charge in Alli
ance. A big wail went up from the
council and the bu.-tinoss men, for the
increases weren't Blight ones. Since
that time, every increase that has
been granted has added fresh fuel to
the flames of resentment against the
company, and this feeling is pretty
general all over the city.
Telephone company officials declined
to make any statement regarding the
outcome of the election. They did not
attempt in any way to catch votes for
the proposition, probably figuring that
it was a hopeless job, and that any
thing they might say would be used
against them. The company's attitude
has been that the franchise didn't
grant any rights or privileges except
the right to do business in .Alliance.
The exchange here is in need of some
improvements and certain extensions
are badly needed. These have been
held up until some sort of a fran
chise has been granted. The com
pany's attitude has been that without
a franchise it couldn't put up a pole
or string a wire, and while they have
not held strictly to this interpretation,
they haven't spent any great amount
of money here. One official mentioned
the fact that Alliance was down for
some $25,000 worth of improvements
provided the franchise carried, but this
bait didn't tempt the council and
wasn't offered to the public
"Well stay in Alliance until we're
ordered to leave, I suppose, " said one
official, "but undoubtedly the company
will spend just as little money as it
has to until such time as we get. a
franchise."
Totals 376
Majority 53
Telephone Franchise.
For
First ward 29
Second ward 71
-Third ward- 69
Fourth ward : : 33
MRS. M'ELHANEY
GETS A SENTENCE
OF THIRTY YEARS
HARD BLOW FOR SLAYER OF
EARL a ANDERSON
SCOTTSBLUFF IS
EXCITED OVER
PACKING PLANT
BUT SOMEONE HAS GIVEN THAT
CITY A WRONG STEER
Expected lo Receive Much Lighter
Punishment Thinks It More
Than She Deserved
EQUITY TERM OF
DISTRICT COURT
323
Against
64
195
'"''145
71
Elver Bullock . Released on Writ of
Habeas Corpus Alebtr Hoverka
Figures in Two Cases
Totals 202 ' 475
Majority 273
The results of the vote on the city
manager plan came as a distinct blow
to the opposing forces, who hesitated
to. part with the mayor and council
system, and likewise came as a sur
prise to the advocates of the new plan,
who had half-way been expecting de
feat Until 2 p. m., the vote was very
light, but from then on they began
to crowd into the polling places and
clamor for ballots,. until the totals as
sumed a very respectable proportion.
The Second ward, whicn cast a vote
of 166 against the plan and 109 in
favor of it, was the only one which
returned a majority against a change.
The other three wards returned a pro
portionate majority in favor - of the
city manager plan. From the first it
was plain . where the Second ward
stood, a number of the voters taking
occasion to make their position plain.
Ever since the petition was presented
to the council, the public has been
more or less unconcerned about the
special election, despite efforts of the
newspapers to arouse interest and dis
cussion. A speaker imported from the
state university drew an audience of
but twenty-five and most of these
were already in favor of the new plan.
Indications were that it would be
beaten by a comfortable majority, and
so the opposing forces rather laid
down on the job. This proved their
. undoing. Tuesday afternoon a num-
ber of advocates of the plan appeared
District court has been in session
since Tuesday morning, Judge W. H
Westover presiding, and indications
are that the remainder of the week
will be occupied."
The matter of the release of Elver
Bullock on a writ of habeaus corpus
was heard Wednesday noon, and the
judge ordered 1 the prisoner released,
Bullock was arrested by Chief of Po
lice Jeffers several days ago, and he
had been held in the city jail with no
charge filed against him. Police of
fleers had neglected or refused to file
a charge- Attorney Eugene Burton
represented Bullock, and W. R. Metz
represented Chief Jeffers
Judge Westover made it plain that
police officers have no authority to
commit a man to jail, although they
may arrest and hold a man for in
vestigation for a reasonable time be
fore filing a complaint. Only a magis
trate has the power to commit a man
to jail. The city police had believed
Bullock suffering from a communica
ble disease, but results of a test
showed this belief to be erroneous.
The case was tried simply to get at
procedure in future cases.
Albeit Hovorka figured in two cases
this week. In the first he sought an
injunction against Sheridan Keane to
prevent him trespassing upon his land.
Hovorka had had trouble from trav
elers cutting his fence. He had gone
so far as to nail up one gate. The
wires were later cut, and Keane was
charged with doing it. Keane testified
that he had crossed Hovorka's land,
but had not cut wires of his fences.
In this instance, he declared, he had
found a loose post, had laid-it on the
ground and later replaced it. Count
Judge Tash had previously granted a
restraining order. Judge Westover de
clared that Hovorka was entitled to
Evelyn Preiss McElhaney, twenty
one years old, convicted by a jury in
district court two weeks ago of second
degree murder, was sentedenced at
9:30 o'clock Thursday morning to
thirty years at hard labor in the state
penitentiary by District. Judge W. II.
Westover. Judge Westover is holding
a shoit equity term of district court
this week, and waited until the con
clusion of a Cherry county land case
before pronouncing sentence. Public
'.nterest has been fanifested in the
number of inquiries the officers have
received as to the time Mrs. Mcr.l
haney would be sentenced, and despite
the fact that no hour had been set, a
crowd that filled the courtroom had
gathered.
William Mitchell, defending Mrs,
McElhaney, had filed a motion for a
new trial, the petition alleging a num
ber of errors in the instructions of the
court to the jury, and declaring that
because of the inflamed condition or
public sentiment, a fair trial was lm
possible. The motion was not argued,
and was denied by Judge Westover.
When Mrs. McElhaney was asked
whether she had any reason to give
whv sentence should not be pronounced
upon her, she answered "No'' in
firm tone of voice. When the jutge
announced the thirty-year punishment,
she started perceptibly and turned
somewhat pale, but retained her com
posure.
Later, in the office of Shenrr Miner,
the defendant broke down and wept
She told the sheriff and her husband,
"I don't think I deserved that much."
Her husband, L. A. McElhaney of
Edgeraont, &D was the only neof ;
her relatives present at the time sen
tence was pronounced. A sister, who
is now conducting the Wilson rooming
house, owned by Mrs. McElhaney,
called during the morning. Other
relatives came in later during the day.
Mrs. McElhaney was not taken to
Lincoln Thursday evening, as had been
planned by the sheriff. There are three
prisoners "to go to the penitentiary
Mrs. McElhaney, Urban Zediker and
probably J. W. McDonald, who pleaded
guilty in county court to a Christmas
day theft from the Schwaderer home
near Alliance. McDonald was given a
week by Judge Westover in which to
wind up his affairs and write some
letters home and elsewhere. At the
end of that time he Is expected to
Dlead sruiltv and receive his sentence.
Mrs. McElhaney will be taken to the
state penitentiary on the late train
toniirht. according to ShentT Miner.
She was permitted to go to the Wilson
rooming house and secure some of her
thinsrs this afternoon.
The law of Nebraska requires that
when a woman is taken to the peni
tentiary, there must be a feminine es-
court beside the police officer
charge. Mrs. Charles Jeffers, wife ol
the Alliance police chief, has been
elected for the place.
Attorneys for the defense have not
yet expressed themselves concerning
an appeal to the supreme court
Impresrfon Out That Half the Stock-
holders Have Agreed to Stay in
the Re-organized Company
Scottsbluff, the sugar beet metropo
lis' of western Nebraska, is still af
flicted with visions of a big packing
plant to be constructed there or there
abouts, and to be paid for in part with
Alliance money. The Scottsbluff cham
ber of commerce has dreamed dreams,
and has heard voices from the wilder
ness crying out, and the burden of
those dreams and voices was that Alli
ance was due to lose a big establish
ment, and that it was the opportunity
of a lifetime for the ugar town, as
well as a chance to deliver a body
blow to the nearest competitor. And
so thev fell for it hard and for
weeks have been thinking of little else,
Which same is all right it is well
for a citv to have ambitions. Ambi
tion made Caesar what he was and
what he was.
These dreams and visions are still
with the Scottsbluff people, despite the
fact that over two-thirds of the stock
holders of the Alliance Packing com
pany oted unanimously to dissolve
the corporation and get their money
bbek, even though this process en
tailed a loss of 17l,4 per cent of the
money they had invested We seem to
recall, dimly of course, that someone
moved the adoption of a resolution
changing the name of the organiza
tion to the Nebraska Packing com
pany. This resolution was the first
step in the plan to remove the com
pany to Scottsbluff. It didn't get a
single second although there was a
wait for several quiet minutes during
which the presiding officer hoped that
fiftv people would endorse the plan.
The lack of enthusiasm was so marked
Cnat other resolutions along the same
line were never introduced.
The newspapers of Scottsbluff for
weeks maintained an air of impene
trable mystery. They told or a mil
lion-dollar packing company tnat was
rioe and about to fall into their lap.
These cryptic references began to ap
pear in the columns or the newspapers
about the time President Plumbe of
the defunct company began to talk of
moving the packing plant to bcotts
THE WEATHER
Forecast for Alliance and vicinity;
Generally fair tonight and Saturday;
somewhat colder tonight.
was dissolved, and it is up to Scotts
bluff, apparently to re-organiie it,
about $100,000 of the securities to be
transferred here.
"In telephone communication with
officers of the company at Alliance
yesterday, it was ascertained by this
paper, that the dissolution of the Alli
ance company had been accomplished
at the meeting held by the stockhold
ers on Monday, and that half of the
shareholders agreed to transfer their
securities to a new company.
"At thi9 meeting it was developed
that there were present 202 stock
holders, out of the total 298. The
amount of stock which had been sold
in that vicinity totalled about $200,
000. The owners of half this amount
did not wish to proceed with the
proposition, but the others were will
ing to see a transfer of their secur
ities to another organization.
"With this feeling apparent in the
conference it was then voted to can
cel the permit to Alliance, and the
proposition ts now open to be consid
ered by other localities.
"It is understood that the president
of the company, R. E. riumbe, and the
prospective manager, A. B. McCue,
who is recommended by the underwrit
ers, are quito strongly in favor of
Scottsbluff as a location for the new
company to be organized and the op
portunity now seems to be clear for
Scottsbluff to get after and secure the
packing plant if she wants it
GOVERNOR URGES
CHANGES IN THE
LAWS ON PAROLE
IUGGESTS CHANGES IN MESSAGE
TO LEGISLATURE
SAYS SAVING UNDER CODE BILL
FAKE SOLDIER
GETS IN DUTCH
Represents Himself as Horse Buyer
For United States Cavalry,
and Issues Bum Check
on the streets and in other ways be-1 the quiet and peaceable possession of
came active, and voters were hurried
to the polls and told to take theur
wives with them.
Several things contributed to the.
sudden change of sentiment Early in
the morning circulars were distributed
which pointed, out the prevalence of
bootlegging and. other civic ills, and
urged people to vote for "a change"
and "to clean up the city. Later,
when the news came that the Second
ward was piling up a big majority
against the plan, its supporters spread
the news about, and the women in the
other three wards were aroused to the
danger of the "colored" vote controll
ing the city. The appeal was most ef
fective, and the rest of the afternoon
women were hurrying to the polls.
The telephone franchise was doomed
to defeat from the Sr?t, ?pd it is
thoucrht that the council expected such
a verdict when it submitted the propo
sition to a popular vote. Alliance is
listed among the cities who are simply
irreconcilable as regards the' rate
making powers of the state railway
commission. Years ago, when the last
franchise for the telaphone company
his land and that no one had a right
to trespass upon it He made the in
junction permanent, but ruled there
had been no damage.
This morning the suit of Frank Mat
toucek vs. Albert Hovorka was called.
Matousek accused Hovorka of abusing
him, calling him bad names and
threatening to "fix" him. He claimed
Hovorka had abused his children, set
the dog on his daughter and had tried
to frighten her horse. This was due
to the fact that Matoucek had used a
road over his place one that had been
in use for twenty years. The testi
mony showed there had been trouble
between the two previously, and that
Hovorka had purchased land on all
sides of the plaintiff, and had boasted
that he "had him where he could "fix"
him. The judge decided that this case
was "about1 six of one and half a dozen
of the other," dismissed the peace
bond secured by Matoucek in county
court and dismissed the ease, men
tioning, however, that if any person
interefered with children going to
school, it would go hard with him.
Lilyan Mumford was granted a de-
Claims Cost of State Department n
Been Kept Within Legislative
Appropriation for First
Time In Years -
A comprehensive program dealing-
with criminals and parole legislation.
soldier relief, agriculture, and moro
stringent regulations governing tho
sale of securities were among tho
things outlined by Governor Samuel
It McKclvie, in his message to the
legislature, Thursday afternoon, Jan
uary 6. The governor reported that
departments organized under the civil
administrative code had saved $135,- ;
644.80, which would be returned to
the various funds at the end of the
biennium. It was asserted that thia
is the first time in years tht the cost
of government in these departments
has been kept within the appropria
tions made by the legislature.
Governor McKelvie urged, however,
that just as few new laws be enacted
as possible, stating that "our statute
books are encumbered now with laws
that are obsolete and unenforced" He
also urged that "our legislative acta
be stimulated by a desire to serve all
the people without regard to class.
I race or creed. We must constantly
bear in mind," he said, "that regard
less of vocation, station, or religion,
there exists among us a bond of inter
dependence which means that when an,
imposition is worked upon the least of
us, the ills that result are felt by the
rest of us."
Law Enforcement Legislation.
The governor would change tho
Attempting to pass himself off aa a
horse buyer for the , United States
cavalry, a supposed sold.er ho Kvl , w 8o ony firtft otiendcrs
ue r.ame.0 v. . couid be paroled, and he would leavo
S,ergfaw p . J V wh to the courts whether the sentence
from Wiham Rice, on a worthless , . . , ... .
check and has been lodged in the city
bastile since Tuesday afternoon. He
haB told many conflicting stories to
everyone who has talked to him, most
of them of the thinnest character im
aginable.
should be determinate or indetermin
ate. He would also remove irom tho
list of parolable offense all crimes or
attempts at crime against the person,
especially crimes against women.
;Formal applications or parole would
knv. in Ka mala In urititlo unrl nil
About one week ago he presented i,....,, .. hn-rd of tumlona and.
himself to Mr. Rice and said he was paroleg wouiu be public it was recom
buying horses for the government to menUed that, capital punishment bo
Li i t,c. ViA iiillrt trot Kunoort . aoonsneu. out inai no one hnouiu im
bluff bcaue Rice took him at his word and was itted' to aIter the Bentence o th
here On the eve of he kholders kind h ke him to interview urt for such crimeg
meeunK, - geVeral different local owners or aih-
dropped the mysterious stuff, and d- . vicinit The B0ldier Issued
It was a very remarkable fact, how
ever, that of those on parole uurinc
ture
ti.i with th-m rp-or- "' , . .. vioiavea meir paroies uy cuiiimin.ue-
name, take it home with , them, , reor day January 1$ 1921 and Mked Mr. other olTenseg which is believed to be
ganize it and make it go. Ihe y sam Rice to advance him the money on it thft amaM(,Kt ' enta- Gi paiole vio-
openly that because we project iueu
mitted that their city expected w cap- . . on th Fir,t Unlon Trust com. ' Z
l.r ny of Washing D.C. on Satur.
'u I i . Dim AA nnt An an. nrw! the man ... . .. . . . .i . ...... i
. . 41. - ..ivc uav. a.vw w wm - i rtf in m it . in. nicTnpu rt i t 11 u ki uip 1111
in Aiiianr was no reason wny hi i "" ...,
t il"r.-j i. wtBMuiT be- came 10 A,J,,,tc- ( probably the lowest ot any state hi tno
" 7. . . . The ottense was commiuea in mur- un on havinir the indeterm.nate en-
cause ineirs was oc. w,, i-aw. ti mm- : ,... ,Z - n,-
that they had more enterprising boost-I un.cated authoritiea at fo,,owinjf Uol AowM the number
KNIGHTS OF COLUMBUS PLAN
BANQUET AND INITIATION
The averaee man would conclude
that the decisive vote at the stock
holders meeting would have dampened
their ardor somewhat, but apparently
this isn't the case, 'the reason ior
this lies presumably, in the fact that
the Scottsbluffers are still nearing
voirps. And these voices tell them
wonderful things. At first the voices
lold them that they could get the
packing company with $200,000 paicl
nn rflnital a fair start toward a mil
lion. Think of the glory that would
no action.
JACK MILLER LEAVES
FOR NEW HOME IN I3WA
J. B, Miller, who has been an Alli
ance resident ior me. pasi nineieeu
years, and engaged in business here a
lareer share of that time, leit murs-
day noon for Des Moines, la., where
be theirs if they could take a concern . ... . h, nea(ltiuarters. Mr.
that had failed in Alliance and maice Min has acccpte1 a position as trav-
it go in acowsoiuu. au - eH ,,aiesman for Peregoy & Moore,
Alliance council, Knights of Colum
bus, will hold a banquet and initiation
Sunday. January 9, at which time
thirty-five candidates will .be inducted
into the mysteries of the order.
Members and candidates will meet
m m 1
in the Dasemem oi noiy jtosary
church at 7:45 a. m., and will attend
communion in the church in a body.
The initiation will begin at noon at
the K. C. hall. The Alliance council
will confer the first and second de
grees, and the third degree by mem
bers of various councils in western
Nebraska.
A banquet will be served at the
Palm room of the Alliance hotel at 7
o'clock. The speakers will be Rev.
Father Manning and Rev. Father Ma
loney, who has just returned from a
trip to Ireland and will have many
interesting things to relate. After
the banquet the initiates and members
will return to the K. C hall for a
smoker and "get-together." Several
out-of-town visitors are expected for
the ceremonies.
start S200.000 would give 'em
And so, despite the stockholders'
moetiniT. thev are not downhearted.
The voices still murmur in alluring
tftnps. But now the song nas cnangeu.
There won't be $200,000 to start the
new -reorganizeu company """ us. v.tv,-. ru m;.w in th furni
but about "t 100.000" worth of stock- h,s br?thef-T' I
was passed, it contained a section orleree of absolute divorce from Robert
. . it. . ,?v ' r - I
tWO giving raica uie cumjJiiu uukui aiuuuviu.
W. A. Coleman left Wednesday eve
ning for New York city, called there
by the sudden Illness of his daughter,
Grace,
cifirar manufacturers, his territory em
bracing southeastern Iowa. The fam
ily will not leave Alliance until the
close of the school year, a ton, Tom,
being in the graduating class.
Jack Miller was in partnership with
ture store and news stand, for twelve
II dive siw i
. M. MA. I
van, Y Jll. ftrd;n to the ranch near Alliance for a year or so,
persuasion. It seems, accordmg to the entered into
Scottsbluff newspapers, that oniy nan ; v w. fiuthrie.
of the stackers really favored uisso- f -
i.,: .v-. .mns .TiKit whv the Durinsr the war. Mr. Miller organ
...v, ,. mrotnst ft voted m lzea tompany v oi mc u"
' . ii II 1. YA..4-w nnH warn malA fQ TV
..s mi jvfinoo wT,i?n it nil In tain of the home company, which ne
VU1CC3 Will UVUUW.i3 . , - M a
due time. accompanied to Texas. He was first
The Scottsbluff Republican, which Is sergeant oi tympany a oi iu i
most excited over the rosy prospect, Nebraska during the bpanisii-Ameri-
firr,,- th.t citv bas a stern duty fac- can war ana saw acwvo bcrv.cp
tmr it "AnDarentlv it's uo to Scotts- Philippines.
bluff to reorganize the company," is In the removal of Jack Miller, Alli-
the wav that newspaper puts It And nce loses a good reuow ana a gooa
- . . a 1. m mm A M ll L
this Is what it save ot Ecottsbiun s booster, and Alliance posi oi uie
newest opportunity: American Legion loses not only its
"Scottsbluff seems now In direct une commander, put one or lis wrongest
.... I wm lit il
t wure a million dollar packing members, lie is oiessea wim me sort
ntnt. as the nroDosition which has I of a nature that will enable him to
been considered here, seems destined I make a record in almost any position,
to fall Into the lap of Scottsbluff. At and Alliance mends are expecting
th mMtinff of stockholder! held at rreat things from him, as well as
1 Alliance yesterday, the organization I wishing him the best of good fortune.
periods for the laht ven year indicat
ing the sinall nuinOer o. paroles that
have been made dur.ng vne last two
years:
1912 1914 1916 1918 1920
Tardons 82 2 1 3 3
Commuta-. s
t.ons 1G . 2 3 13 4
Furloughs 1 37 30 23 12
Paroles 114 3C1 428 590 30G
f
In order that first offenders might
not be imprisoned with hardened crim
inals, it was recommended that a re
formatory be built The number of meo
in the penitentiary increased from 283
to 550 in the two-year period begin-
ing January 7, 1919, making the pres
ent quarters crowded.
' Prison Labor on Roads.
The governor recommended that tho
use of prison labor on the roads bo
extended. Out of the 103 men so em
ployed last year, only four attempted
to escape. "It is doubtful if any state
has ever conducted such a successful
initial experiment, and it is highly
important that legislation be enacted
that will encourage the extension of
this policy," said the governor. "It Is
the experience of prison officials that
nothing serves quite so well to en
hance the good behavior of prisoners
as the assurance that faithful service
and trustworthiness will hasten tho
day of their release." He remommend
ed the granting of additional good time
to be deducted from tho terms ox
those who have proved trustworthy.
In spite of the wave of crime that
has been sweeping the country, tho
governor reported that the number of
automobile thefts in Omaha and Lin
coln have been reduced 8 per cent
during tho past year. It was recom
mended that a bureau of investigation
bo established in the department ct
luonuuuea on rage i) -
e