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About The Alliance herald. (Alliance, Box Butte County, Neb.) 1902-1922 | View Entire Issue (Jan. 14, 1921)
rf rT Official Taper of Dox Butte County TWICE A WEEK TUESDAY AND FRIDAY Official Paper of the City of AJlianer VOLUME XXVIII. ALLIANCE, COX BUTTE COUNTY, NEBRASKA, FRIDAY, JANUARY 14, 1921 NO. U f llil II V "V CITY MANAGER PLAN MAY NOT GO INTO EFFECT POSSIBILITY THAT THE SPECIAL ELECTION WAS ILLEGAL Notice of Election May Have Been In Sufficient Matter Will Prob ably Go to Courts Despite the fact that a majority of the citizens of Alliance, voting at a special election January 4, endorsed the city manager plan of municipal government, it now appears that the plan will not go into effect until the courts "have ruled upon the matter of the legality of the election. A few days after the result was known, rumors began to be heard in the city that the election was illegal, the grounds for that opinion being that the notice of election was not pub lished for a sufficiently long time. The notice was published in an Alliance newspaper for only twenty-one days prior to the election, and those who claim the election illegal say that it should have been published thirty days. If it can be established that the notice was given insufficient publica tion, this undoubtedly will be con sidered proper grounds by any review ing court to set aside the election. In 1912, the same question came up in connection with the voting of bonds for the Box Butte county court house. A number of Hemingford residents who were opposed to erecting a new court house in Alliance took the mat ter into court on the ground that the notice of election had not been pub lished the proper number of times, and the court decided the election was il legal. A second election, called im mediately thereafter, carried the bonds again. . - . Is quite probable that a second election in Alliance on the city man ager plan would result in an even more decisive victory for the new eystem. No one connected with the plan believes that the error in the i publication of the notice of election was intentional, but nevertheless there is a feeling that the people have not been allowed to have what they said they wanted. Whether anybody is to blame or not, there is little question . that if another election could be held at once, the majority for the plan would be increased. Unfortunately, the time before the regular spring election is so short that another election cannot be held soon enough to permit the plan to go into effect this year. It is possible that the same petition would be valid, although there are some who think a new petition would have to be cir culated. The council, under the law, must call a special election not less than sixty or more than ninety days after such a petition is filed. It would be impossible to hold another election in time to allow for holding a primary election on the third Tuesday preced ing the regular April election. Unless the January 4 election is proved to be valid, there will be no city manager in Alliance for at least two years, and the will of the majority of the voters will be thwarted. There are two sides to the question, however. It is possible that the courts may hold that the present election is legal. The law is not particularly plain on the subject of notices of elec tion. The law providing for the adop tion of the city manager plan states that the general election laws of the state will govern in city manager elec tions, unless otherwise provided. The general election laws of the state do not provide for any published notice in municipal elections. There is a provision in the statutes, however, that "special elections may be provided for by city ordinance." This provision does not say that councils may by ordinance provide for notice of elec tion in special elections, but those who claim the January 4 election was Ille gal say that there is no provision for- Wddinir it. The ordinance passed by the city nncil Droviding for a special elec- !nn provides, however, that "notice of such special election shall be pub lished at least thirty days." This is eA to be sufficient evidence of ille gality of the election. When the coun- n met last Tuesday night the mem bers simply canvassed and recorded th vote, but did not write into the record anything to the effect that the mnnarer dan had carried. V The next move, according to Mayor Prtdtrers. is to to the friends of the ntu. No nrimary election will be called. In accordance with the provi- ( Continued on page ivj COMPETITION AND RAGWEED Take a garden, say fifty by fifty. It doesn't look very big until you get it about half spaded. Then you find you have underestimated the size. What you have is a farm. Finally, if you are persistent in your effort, you get it spaded, raked and planted. "Ah," you say, "the dirty work is done, I shall now sit myself down and wait for the fresh vegetables to appear upon my table." But not so fast, not so fast, you'll find that the beans and peas and lettuce are tender youngsters, you'll have to nurse, 'em and sit up nights with 'em, so to speak. You Neglect the farm for a day or two as you're bound to do sometimes during the growing season and you come back to find that the weeds have jumped up over night like the whiskers on a tramp's chin and are squeezing the life out of your cherished vege table. Then by fighting the rag weed stubbornly for a week you gain a temporary victory at the cost of a stiff back, sunburned neck and blistered hands. And now, Watson, we will make our deductions. Advertising is like the garden. It looks easy until it's started. And when it's started the minute it is dropped for a month or a year the ragweed of competi tion plays havoc with the work al ready accomplished. You can't sit by and let your ad vertising take care of itself. Keep everlastingly at it. The point you make today bolsters up the point you made yesterday and the day Delore. The point you make to morrow strengths the points you will make the next day and the day after that. Advertise regularly, persistently, continually, and your harvest will be better than you may "expect. Don't let the weeds of competition choke out the efforts you have made in the past by discontinuing the cultivation of your business garden now. The Draft. HOW IRRIGATION INCREASES THE VALUEOF LANDS ONLY THING NEEDED TO BRING UP BOX BUTTE AVERAGE Alliance Men Interested in the Kelly Well System, Which Has Been Success at Grand Inland The annual report of J. A. Keegan, county assessor, for the year 1920 shows that the county has C42 farms occupied by owners and 181 occupied by tenants; there are 039,220 acres in farm with 176,fi07 under cultivation. Of this large amount of farm land only 1,780 acres are under irrigation, the balance being farmer by what is commonly and erroneously called "dry farming." It is a well known and established fact that irrigation, even in the most humid climates, produces better and heavier crops than nature will produce inrougn ordinary ramraii. jhis is proven quite conclusively jn Florida, when the annual rainfall is from 60 to 70 inches on the average, and where irrigation is practiced quite exten sfvely. The annual rainfall of western Ne braska averages from 21 to 27 inches, sufficient to raise good crops of the ordinary small grains, potatoes anfl corn, especially when planted in the fertile soils of the big plains, such as Dox Butte county. Not very far south and west of Box Butte county, is located the great North Platte valley, which only a few years ago, within the memory of many residents, produced crops very much like those produced on the table lands. During recent years hundreds of thou sands of acres of the vallev and first bench or table lands have been placed under irrigation, with the result that these lands are now raising immense crops of sugar beets, alfalfa and po tatoes. These lands now average in value from $250 to $300 per acre, in Box Butte county the land averages in value from $40 to $100 per acre, with better 6oil than the average val- ey soil. Box Butte county farmers who have an idea of what successful irrigation might do to their lands and for them, have been watching with much inter est the Kelly well system, evolved by Grand Island people who have been making a Treat success of this unique well syste-h for use in irrigation, and they have Deen wondering what could be done with the Kelly wells on large scale of irrigation. P. A. Bald, the Alliance Ian man, has been mak ing a particular study of these wells and of their possibilities in this county. He and others who have been studying the plan with him are much interested and highly gratified to learn of the (Continued on page 4) M'DONALD HAD PLANS PREPARED FOR A GETAWAY BUT HE TALKED TOO MUCH TO FELLOW PRISONERS Saw Blades Found in Coat Lapels and in the Sole of His Shoe Sentenced to Penitentiary James W. McDonald, who pleaded guilty in county court some days ago to breaking into and entering the Schwaderer home, near Alliance, on Christmas night, and taking therefrom some clothing, was yesterdi.y sen tenced by District Judge Westover to from one to ten years in the state penitentiary, and will be taken to that institution tonight by Sheriff Miller. McDonald was to have been sentenced earlier in the week, but asked Judge Westover. for two or three days in which to, settle up his affairs. It now develops that he had other ideas be side writing long letters to relatives. Mr. McDonald suffers from a com mon fault. He talks too much. And his talking proved his undoing. He told Urban Zediker, as well as Henry Webber, fellow prisoners, that he had things all framed for a getaway. He even told them where he had hidden his saws. After Webber had received his sentence from Judge Westover, he spilled the beans, and Mr. McDonald was brought down to the sheriff's of fice and thoroughly searched by Sheriff Miller and Deputy Miskimen. They used the severe skin-test method, peel- ing Mr. McDonald's clothes off of him and placing them in a pile, after which they went through the pile. Their search was rewarded. Saw blades were found concealed in the coat lapels and in the sole of one of his shoes. The prisoner is said to have declared that he also had saw blades hidden in the mattress of his cell, but the mattress was not searched, all the cells having been refitted with new mattresses shortly before ythe search. Webber Paroled to W ife. Henry Webber was released on pa role to his wife by Judge Westover. Webber, who was formerly in the em ploy of the Newberry Hardware com pany of this city, and at one time was injured in an explosion there, had apparently developed the habit of is suing no fund checks. About a month ago he issued one to Coursey & Mil ler in the amount of $10, but half a dozen other, totaling $70, wore out asrainst him. He was arrested at Bingham and with his wife and daughter accompanying him, came in to county court last Tuesday. In county court, Webber made a nlea for mercy before Judee Tash. He refused to take the judge's advice and employ counsel, but said that he was guilty. Judge Tash then an nounced that in the past he had been rather lenient with this sort of of fenders, but that he had turned over a new leaf with the beginning of the new year. Under the law, writing a no-fund check is a felony, and the county court will not hereafter assist in compounding a felony. Neither will it act as a collection agency. Nor will it condone any offenses against the law. Mr. Webber, very much sur prised and grieved, was thereupon bound over to the district court. In paroling the prisoner to his wife, Judge Westover made it plain that if there were any repetition of the of fense, Webber will, without further ado, be called into court and sentenced to the penitentiary. NOTICE To the People of Alliance and Vicinity The Imperial theatre is the first theatre known of making a reduction in the price of admission from coast to coast. Not that the service is costing less but we want to help the people during these hard times which needs amuse ments more than ever. Amusement is the cure for the blues, a grouch, dissatisfaction and all other ailments that cant be cured ' other ways. On all matinees we have cut 50 per cent on special; 40 per cent on all others, taking effect Saturday, Janu ary 15. Matinee prices on Madame X", the picture that is playing Omaha at $1.00 per seat children 13c, adults 22c and war tax. Night prices on same picture, children 22c, adults 60c and tax. On all other productions the reduc tion is 40 per cent: Matinee 13c and 22c; nights 18c and 31c We need your co-operation to main tain these prices and will appreciate yon attending our matinees. Thanking you for your co-operation Yours For Lower Prices, H. A. DUBUQUE. RESENTMENT AROUSED BY STORY IN BEE m FRIENDS OF CITY CLERK KEN NEDY ON WAR PATH Correspondent to State Paper Insin uates Publication of Notice Was Purponely Delayed Mrs. Grace Kennedy, city clerk, to gether with a number of her friends, is highly incensed over an article which appeared in the Omaha Bee of Thursday which openly charges that because of her opposition to tha city manager plan, she deliberately railed to have the notice of election published the required number of times. Mrs. Kennedy, fortunately, is able to re fute these charges and in an interview given a Herald reporter, told the exact circumstances connected with the af fair. Mrs. Kennedy admits that she neg lected to send the copy for the elec tion notice to the printer, but declares that she had simply forgotten it. The notice had been prepared a month previous, and was a part of an ordi nance providing for a special election. The ordinance was printed, and the notice cut out an dlaid aside to be sent to the printer at the proper time, some three weeks later. Then came a rush of business the regular monthly statements for the light and wfeter departments, as well as considerable amount of additional business in con nection with paving assessments. Dur ing the week in question, Mrs. Ken nedy worked practically every night at her office until 10 o'clock. Under the circumstances, it is not unlikely that she could have forgotten the matter. Upon discovering the fact that she had failed to have the notice pub lished, Mrs. Kennedy promptly called Mayor Rodger and City Attorney Metz into consultation. Councilman Harris was later called in. Attorney Metz gave it as his opinion that there was a danger that the election had been invalidated, and, rather than run the risk, suggested that it be called off. Councilman Harris was opposed to it. The whole question being one of technicalities, and there being as great a possibility that the election would be legal as that it would be illegal, it was finally decided to go ahead. Attorney Metz suggested, it is known, that there was still time t6 vote on the commission form of gov ernment and that th:s might be clone, but his suggestion was not seconded. "If I had intended to invalidate the election," Mrs. Kennedy said, "would I have called in these men and laid the case before them, as I did? Had 1 wantH to do wrong, I'd have said nothing abo".t it. I made a mistake, of course all of us are guilty of for gettin gthintrs at some time but the insinuation that this was done because I didn't favor the city manager plan irettinir thines at some time but the the is without any foundation." The three men who were present at the little conference are each emphatic .ln..lnu.'n.. ,Vin 4Vi.r iiai'd inrln'n fhnt Mrs. Kennedy had no intention of making the election illegal, and that it was a simple case of lorgettmg. Councilman Harris characterized the insinuation as "preposterous," and the other men were fully as plainspoken in expressing their opinion. Following is the article from the Omaha Bee, carried under an Alliance date line and presumably written by some one in this city, which has aroused such a storm of resentment, not only amorg the friends of Mrs. Kennedy, but among the strongest ad vocates of the city manager plan: "The question of the legality of the recent special election, in which a ma jority of 53 voters out of a total of 700 voted in favor of the city manager plan, to succeed the present mayor and council system, is under heated dis cussion between the opposing factions, The Doint arose when it became known that Mrs. Grace Kennedy, city cieric, had neglected to have the legal notice of the election published 80 days prior to the election on January 4. Mrs. Kennedy's sympathies were known to be with the present administration, which bitterly opposed the city man ager plan from the start . "Although the notice was preparen and nresented to her by the city at torney in plenty of time, she stated that she laid it away In her deslc and forgot to order its publication until twenty days before election. City At torney W .R. Metz, who was an araeni supporter of the city manager plan, is of the opinion that the election was not invalid, because it was held under the general election laws of the state, which require only 20 days' notice be fore election. Othera hold to the as sertion that thirty days' notice Is re quired and the matter will likely fce carried to the supreme covin ior decision. "It waa stated that both Mrs. Ken nedy and Mayor Rodgers knew of the situation before election and Mayor Kodgers took no steps to stop the election, although he had been in formed that it would be invalid. Bitter criticism has been directed against Mrs. Kennedy and Mayor Kodgers and a number of business men in favor of the city manager plan have stated their belief that the faili. to have the notice of election published as in structed by the city attorney was something more than negligence on the part of the city clerk. Others have openly stated that the whole affair looks rather shady ami are determined to thresh the matter out in the courts if necessary. "Unless the election is proved valid the mayor and council plan will be in force for another two years at least, since the law provides that the city manager plan must bo voted on a cer tain length of time prior to the regu lar city election in April and not more than once in two years. The time now is too short to hold another special election before the regular 'city elec tion, April 2." At the annual meeting of the stockholders of the Wyoming-Northeastern Oil company, held in Alliance on Monday evening at the office of the president, F. A. Bald, the follow ing board of directors was elected: P. J. Michael and A. M. Miller, Heming ford; C. M. Looney, Lloyd C. Thomas, F. A. Bald and R. M. Baker, Alliance; W. N. Thompson and Cash Dove, An gora; Charles F. Gruenig, Omaha. Officers elected for the following year were: F. A. Bald, president; - C. M. Looney, vioe president; Lloyd C Thomas, secretary; R. M. Baker, as sistant secretary; P. J. Michael, treas urer. Frances Whaley left Monday night for Camp Jackson, Florida, where he wfll train as an electrician. AVIATION FIELD AND AERO SCHOOL AT SCOTTSBLUFF ORA PHILLIPS OF HEMINGFORDi10 HAS AMBITIONS Will Join With Pilot Brook Charles Schafer in Training Would-be Aviatora and - ' . j Two things which Scottsbluff has lacked as portions of her metropolitan .... fo r ing. and from the same agency, These metropolitan adjuncts are an aviation field and a school in which av'afion is thoroughly taught, says the Star Herald. As the result of the visit to this citv of O. E. Phillips and "Bill" Brooks I m i i oi iiemingioni, owner im.. ,...ok .c- j sportively oi me p.ane in ,rcn ......? or the citizens oi ws ny mtv uwri scouting hither and tlvther thiough the sky above this thrivin berg, nn ....... 1. n l.nnM AIV Vl ' Kn- tween the two gentlemen name,! and j Charles Schafer of this city for the opm ng m an ay IHn This school will teach in a most thorough manner the science of ig nition, together with a complete gas course, and finish off the 'student with full itAiii-ca fliMr vnrince. An or- ' " - i dinary student should be able to com- plete the course within five months by diligent application, and when he has so completed his work he will be grad uated and receive a pilot s license. Arrangements are now under way for the securing of a landing field con venient to the city, within a few min utes walk of Broadway. There a han gar is to be erected capable of holding one airplane, and also large enough to be fitted with a classroom. Two dis mantled motors are to be used for demonstration purposes for the stu dents, who when they have arrived at a certain point in their instruction will be required to gather these parts, put them together and make the "Dioomin thjng go." Mr. Schafer had a vast amount oi .:oi wA.Yxoa with air craft durinir the war and is also one of the best aa ensrine experts of the coun try. Mr. Brooks was inspector for the government during the entire war, re ceiving the airplanes from the manu facturers at the different fields scat tered throueh the country. This ex perience has made him thorougn mas ter of the various makes of air craft; and also of the practical points whicn eo to fit a pilot in the details which ' ... . he must know thoroughly to make a real aviator. Mrs. Aaron Poole fell Tuesday and sustained some injuries which confine her to her bed for a few days. Al though she is In great pain her condi tion Is not serious. COUNCIL TALKS NEEDED PUBLIC IMPROVEMENTS DISCUSSES WAY TO CURE TH SEPTIC TANK EVIL Pipe Line to Norton Farm, South f Alliance, Under Discussion Sewer Extension Proposed The city council suddenly got thusiastic over the matter of public' improvements at its meeting Tuesday night, and among the things suggested was the completion of the sanitary sewer and the abating of the septic tank nuisance by constructing a pipe line to carry the water some three and a half miles into the country, te a farm owned by W. W, Norton. Tha sentiment of the council apparency favored both propositions. t Mayor Rodgers brought up the mat ter of the completion of the santlarjr sewer. He mentioned the fact that a number of men had been laid oflV and that most of them were anxiooa to work. He believed that the sewer could be constructed by home labor at a considerable saving over contract prices. The clerk was instructed ts ' advertise for bids for constructioar work in sanitary sewer district Nosv 11 and 12, which includes Missoui and Yellowstone from Fifth' to Eightk. The mayor then mentioned the sep tic tank nuisance and told of a con ference with officials of the Alliance home 'builders' association. W. W. Norton, he said, had made the city . a proposition to receive the water from this tank at his farm, three and a half miles south of Alliance, but in order to dispose of it in this way it would be necessary to construct pipe line. The commissioners would permit the line to be laid between the fence and the ditch along the road, which would mean there would be no right-of-way to buy. An estimate of the probable cost will be prepared, in terested citizens will file a petition, and the voters will probably be givea an opportunity to endorse or reject ther proposition at the regular city election Apn! Welfare Ordinance. The proposed welfare ordinance waa delayed until such time as City Attor ney Metz and Councilman Johnson would be able to make suggested changes. They will then meet with the civic committee having the matter chatrf' n1 an 'nfance fW,1! presented to the council for action. As t nA nmiinnnna -i - uluni c it : a ail . t : 1 1 tie Tnv j rf Jin I F u r.iill irtn mh: h f ftfita. . , C . . ' 7".'7 ment can be framed that will verve Alliance's purpo cs. I Attorney Eugene Burton presented the case of u client, Mr. Ltn, wno had becun the construction o a dwell ing on Wet Third street. This dwell ing came within the tie limits. riho ordinance pre.-cr b.'iy the f.re l.n t.-. is particularly .strimjei.t, und iovb.ds even jituoco construe. ;oit. tlr. Loh' has n'rendy :-ycnt peveral thou-ninJ io!lars on his residence and on ff considerable money. Alter consider- able discuss on, the council decided that rtucco construction would be all right, provided residents in that neigh borhood entered no object. pn. The ordinance was r.ot amended or re- i"-"' Bond IsBUe Sold. Representatives of the Bankers Trust company end the Benwell-Phil- lips-Estey company, both of Denver, were present and submitted bids for two hundred thousand serial pavinfc (Continued on Page 10) FAMOUS CLOTHING HOUSE MAKING BIG REDUCTIONS The Famous Clothing house, in this issue of The Herald, takes practically four pages to list the reductions of fered in their biggest January clear- ' ance sale. The reductions, Mr. Frankl savs. are ereater than ever before or- fered, and are figured, not on the high prices prevailing a year or so ago, but on bargain prices at which many of the goods were bought. Not only is this as large a sale as has ever been pulled off in Alliance but this is as large an advertisement as has ever appeared in any newspa per in the city. When merchants use space in this way to make a Did ior business, it behooves every reader to 4 V .aufnlln Vint look over the bargains carefully, noU the savings offered, and if possible, satisfy their needs from the offerings listed. In these days of high price,, advertisements of this sort are thfe best kind of news, and a perusal oi the four pages will be profitable as well as interesting.