Official Taper of Box Butte County
TWICE A WEEK TUESDAY AND f RIDAY
Official Paper of the City of AUianca
VOLUME XXVIII.
ALLIANCE, BOX BUTTE COUNTY, NEBRASKA, TUESDAL, JANUARY 18, 1921
NO. IS
MANAGER PLAN
WILL WIND UP
IN THE COURTS
THAT COURSE NECESSARY
DETERMINE LEGALITY
TO
Mayor Rodger of the Opinion That
Those Who Want the New Man
Have Burden of Proof.
The legality of the special election
held in Alliance January 4, at which
a majority of the voters favored the
city manager plan of municipal gov
ernment, will probably have to be
threshed out in the courts. Follow
ing the holding of the election, it was
brought out that the notice of elec
tion had been published but twenty
one days, when the ordinance provid
ing for the election specified that a
thirty-day notice should be given.
The failure to publish the notice the
required length of time is held by
Mayor Rodgers and other opponents
of the plan to invalidate the election.
But there are dissenters .prominent
among whom is City Attorney W. R.
Metz.
in response to a request from the
newspapers, Mr. Metz last Friday is
sued an opinion in the matter, in
which he declared that, so far as he
had been able to investigate at that
time, the election was legal, despite
the inadequacy of the notice. The
city attorney pointed out that the
statute governing the city manager
form of government provides that the
election shall be held in the manner
prescribed by the general election
laws, which contain no provision for
a published notice. The contention
that the ordinance provided for a thirty-day
notice is waved aside by Mr.
Metz as of no consequence, inasmuch
as "the decisions in this state are uni
form to the effect that even where
the statute provides for a notice to
be given for a certain length of time
the failure to give such notice does
not invalidate the election," he says.
The opponents to the plan have
CAlied attention to the only other in
cident of the kind in Box Butte
county, when, in 1912, a second court
house bond election was held because
of failure to publish an election no
tice the required length of time. It
is not exactly settled that the mat
ter was ever handed to the courts
for a decision, some being of the
opinion that another election was
called as soon as the technicality was
raised.
Unfortunately, this remedy cannot
be used in the present instance. If
this election is decided to be invalid,
it means that there will be no city
manager for Alliance for at least
two years. There isn't time to hold
another election and still have time
for holding a primary under the new
plan. Unless the election is estab
lished as a valid one, this city will
continue under a mayor and council
for the coming biennium.
Mayor Rodgers is apparently not
desirous of taking any Bteps to set
tle the question. When interviewed
by a Herald reporter Monday after
noon, he intimated that no primary
election would be called in March un
less the courts had passed upon the
question of legality. The primary
election is the first step in putting
the plan into effect Mr. Rodgers
feels that the men who signed the
petition and fought for the adoption
of the plan should be the ones to
make the fight, if any fight is made.
"If the people of Alliance want the
city manager plan, I'm willing they
should have it," he said, "but so far
as helping to put the plan into oper
ation while there's a question of its
legality I'm not in favor of it. There
are too many opportunities for trou
ble. There would be no market for
our bonds, and every official act of
the new council or the manager
might be illegal."
Mr. Rodgers said that the council,
at its meeting last Tuesday evening,
had canvassed the votes, but had left
the council chamber without coming
to any decision. City Attorney Metz
was asked for an opinion, and will
probably file one within a few days.
Then it is up to the mayor and
council, a majority of whom oppose
the plan, to say whether it shall go
Into effect. Mr. Rodgers Baid that he
would be willing to be governed by
a legal opinion In the matter, but
hinted that the city attorney's would
not be sufficient
Friends of the plan, now that they
have opinions from several attorneys
that the election was legal, will not
be content to see it die a natural
death because of inaction. If steps
are not tatn to put the plan Into ef
fect, it Is quite probable that a fund
will be raised to fight the matter In
the courts, with the chances, they say,
decidedly In their favor. Whether
Woe-.-
Fair and warmer v. . t. Wcdncs
day increasing cloudiness; becoming
unsettled west portion. Warmer east
portion.
the mayor will be satisfied with any
thing less than a court decision is
problematical. Unless he changes his
stand and he has occasionally done
so that is pretty likely to be about
what will happen.
Friends of Leon H. Mosher are re
lieved to learn that he has passed
through the first of his operations at
the Mayor clinic at Rochester, Minn.,
as well as can le expected. Mr.
Mosher left Alliance a week or ten
days ago to undergo an operation for
cancer, and knew when he left that he
had about an even chance for recovery.
The second and final operation will
take place some time this week, and
his many friends here are anxiously
awaiting the outcome.
BROADWATER IS
STRONG FOR AN
ALLIANCE ROAD
t m
BOOSTING FOR STATE AID FOR
CONNECTING HIGHWAY
Rather Vexed at Commissioners For
a Lack of Enthusiam in
the Matter
Broadwater is strongly behind the
movement to secure state aid for a 1
highway connecting Alliance and
Broadwater as is witnessed by the:du, not st
in nu'intf Jirtirm fi-nm tno Int muiia
of the Boardwater News. At last!.
week's luncheon of the chamber ofl,n? lmit. u. was veml "
commerce member
mbers, a delegation from
uding one of the county
that city, incl
commissioners, announced themselves
to a man as favoring the project, and
a delegation from Alliance went with
a Broadwater delegation to talk to
the Morrill county commissioners. The
News said:
It's the same old story about getting
support from the gentlemen who have
a little say as to where a road should
be supported. This Alliance-Broud-
water road should have the support of
the commissioners as a body, regard-1
less of other roads at t!ie present time,
Ray C. Munkers. Chas. B. Merritt.
C. W. Draper and G. R. Harries at-1
tended the good roads meeting held at
Alliance last Saturday. The object of
this meeting was to discuss the feasi
bility of getting state and federal aid
on the Alhahce-Broadwater route. As
a result a delegation was sent before
the county commissioners of Morrill
county to see what could be done. They
twin t get much satisfaction that day,
only a promise that the Morrill county
commissioners would traverse the pro-
po-vi route on Wednesda yof next
week. .
Dale Osborne, the new Morrill coun
ty commissioner, has never been over
the proposed road, therefore they will
give the new man an opportunity to
look over the situation. The matter of
state or federal aid lays absolutely
with the support the Box Butte and
Morrill county commissioners, and the
Box Butte commissioners will also be
on hand that day.
A road of this-nature is consider
able different than a petition to open
a mile or two of road. This road has
been laid out and traversed by tourists
and they seem to think that this is the
logical road to improve for a route to
connect with the federal road at
Broadwater and the Lincoln highway
via Dalton to Sidney. Of course Mr.
Garvey, Bridgeport member of our
own board of commissioners, had the
audacity to state that Bridgeport was
in favor or having federal and state
aid on the road from Bridgeport to
Alliance. We all expected that and the
selfish desires of this nature is what
keeps Bridgeport and Broadwater on
nettles. Broadwater has never received
any support from a Bridgeport county
commissioner. Should it be so? The
two towns are both in Morrill county
and should pull together more in har
mony to secure the best for the county,
but that commissioner seems to think
that there is no other town in the
county with the exception of Bridge
port K Bridgeport wants to make
friends and pull with the balance of
the population of Morrill county, she
must help support such good things
as the majority of the citizens in
either end of the county want
Last year about $6,000 was snent on
the Alliance-Broadwater road and only
about 14 miles are left to fix un
through the sandhill district to make
it a fairly good road.
We, in this end of the countv. can
only wait and see what the action of
the commissioners of the two counties
will be.
"1a delegation to Bridgeport Tues
day was composed of the following:
Claude Williams, J. M. Stransky, Vir
gil Bruner, Chas. Munsey, R. L. Wil
liams, Mr. McNurlin. Mr. Covalt, Chas.
Snow, Frank Z. McMains, Guy E. nar
mon and Mr. Graham, Alliance postmaster.
J. E. WILSON IS
STRUCK BY AUTO
DRIVEN BY SON
SUFFERS BROKEN LEG AND POS
SlBLE INTERNAL INJURIES
Injured Man Was Standing in Road
Seeking Ride to Antiorh and
Was Hit by Cur Fender.
J. E. Wilson of this city suUered a
broken leg and possibly internal in
juries when he was struck by a car
driven by his son, Jesse Wilson, on
the Antioch road near this city about
8:30 Saturday night. Mr. Wilson
was not directly in the path of the
car, but stepped into it when the driv
er attempted to go around him, and
was thrown to the ground. He was
brought to the city by another car a
short time afterward.
Mr. Wilson desired to go to Anti
och Saturday night, and went to the
Antioch road, hoping a find a car to
take him there. lie knew his son was
in the city and expected to find him
or someone else. He was walking
down the road toward his destination.
A car came up behind him and he at
tempted to signal it, but the driver
apparently did not see him until he
came up within fifty or sixty feet and
did not stop, but turned out of the
road. Mr. Wilson, when the car
sailed past him, stepped in the wrong
direction and as the car was quite
close, right into the path of the rear
wheels. The driver, who heard only
the sound of his motor and being in-
a . il . .1 1 J 11 ; 1
i tent on me road aneaa, nau no mea
that there had been an accident, and
H was not until the following morn-
driv the. car, wn Jwse Wilson
jfon the Inu.mi man' He hiid bp,en
limiting iu in iiunii, ftcvin rmit.-
east of Alliance. He told the family
that he did not see his father until
he was almost upon him, and had
just had time Xo turn out of. the way
to avoid striking him. Wilson is
known as a careful driver, but he ad
mits that he was losing no time on'
the road.
The injured man was taken to the
c f - i. i ...i i i
I en,. iofJii iiumuu, wiifie inn uniKeii
limb was attended to. Sunday morn
ing he was given an X-ray examina
tion at the office of Dr. C. E. Slagle
to assist in determining the full ex
tent of his injuries.
ONE DOLLAR BILL WAS
. RAISED TO A TEN-SPOT
The federal secret service at Denver,
according to advices received by Chief
of Police Charles Jeffers, on January
6 picked up a man who confessed to
having passed a number of one-dollar
federal reserve notes made over into
ten-dollar notes. The prisoner made
a complete confession, admitting that
he had passed notes of this kind in
Hot Springs and in Alliance, Neb.
One of the raised notes was passed
at the W. R. Harper department store
a week ago last Saturday. Corners
of other $10 bills had been clipped off
and pasted on the various corners of
the bill, and the "one" before the word
"dollar" on both the front and reverse
had been scratched out The work
was fairly crude, but was sufficiently
good to deceive the eye of any one
save a banker used to handling money.
The First National bank immediately
discovered that the note had been
raised.
One of the Harper clerks believes
that he will be able to identify the
man who passed the note, and will
doubtless be called to Denver to tsetify
at the trial.
The note-raiser Is described as a
Norwegian, about twenty-five years of
age, well set up, blue eyes, wearing
dark 6uit, cap and mackinaw coat,
blue-green with brown check, khaki
shirt; about 5 feet 9 inches and weigh
ing about 150 pounds.
The advices received by Chief Jef
fers state that other notes of this kind
were passed in Alliance, and possibly
tliey will be discovered.
COUPON
By Snecia! Arrangement of
The Alliance Herald
This Coupon and 10 will admit any child
under 16 years to the biggest picture ever
presented to the public Thursday, Jan. 20,
"GO AND GET IT"
Without This Coupon, Admission 15c
ANDERSON'S
COAT CONTAINED
NOEVIDENCE
FIRST REPORTS WERE CONSID
ERABLY EXAGGERATED
No Checks Endorsed by Evelyn Mc
Klhaney, No Insurance Policy
nud Nothing of Value.
Last Friday a report was current
in Alliance that a coat belonging to
Earl B. Anderson, barber who was
murdered in Alliance the night of De
cember 7 last, had been discovered in
the Joe Smith pool hall and that it
contained all sorts of evidence, as
well as some things of value to the
relatives of the dead man. An Alli
ance newspaper caught the rumor on
the fly and played it up for all it
was worth, and the Alliance corre
spondents to the daily newspapers in
Omaha and Lincoln sent in long tele
graph stories of the find.
The story as printed said that the
coat had been hanging on a hook in
the pool hall, unnoticed since the mur
der. When an employe came upon it,
he found in the pockets a $2,000 war
risk insurance policy, an agreement
showing that Anderson owned a half
interest in an Omaha pool hall, val
ued at $1,000, and cancelled checks
aggregating $1,500, endorsed by Eve
lyn McKlhaney, convicted of the mur
der. These cancelled checks were
declared to bear out the contention of
Special Prosecutor W. A. Prince of
Grand Island, who endeavored to
how that Tom Leavitt, designated by
the name of "Gyp the Blood' by At-
ovney Prince, and Mrs. McKlhaney
'iad secured most of Anderson's
money. The finding of the insuranre
policy and evidence of an interest in
the Omaha pool hall and barber shop
were hailed with especial delight, be
cause of the poverty of the sister of
the dead man, Miss Hettie Anderson
of Atlanta, Ga., a poor girl who had
difficulty raising money to have the
body sent to her.
" EtyV the untimely report of Mark
Twain's death, however, the impor
tance of this discovery seems to have
been grossly exaggerated. It was true
that the coat was discovered. It is
likewise true that the coat is of a laik i
blue shade, and that it was not the
coat Anderson was wearing when he
was shot. But right there the report
strays away from the realm of fact
and becomes pure fancy.
There was no insurance policy for
$2,000 in the coat when found. There
was a notice from the bureau of war
risk insurance a printed slip telling
him that he had until December 31
to reinstate his insurance without a
medical examination, provided a num
ber of things.
There was a bill of sale, dated
March ?.0, 1020, from C. H. Michell
to Earl B. Anderson, granting him a
half-interest in the barber shop, bil
liard parlor and pool hall at 2552
Cuming street, Omaha, for a consid-
erationof $1,000, of which payment
was acknowledged. Unfortunately for
the relatives, however, there was a
second bill of sale, dated June 20,
which, for the sum of $027 granted to
one O. E. Peterson the entire pool
hall, billiard parlor, barber shop and
all appurtenances thereto.
Instead of there being cancelled
checks made out by Earl B. Ander
son and endorsed by Evelyn McEI
haney, to the amount of $1,500, there
was one check, made out to "cash"
and signed by E. D. McElhaney. It
was not for $1,500, but for ten times
that amount, $15,000 and had never
been cashed, probably for the good
and sufficient reason that the drawer
of the check never had that much
money on deposit It was written on
an Alliance National check, and the
word "National" had been scratched
out and the word "State" written
above it There Is no Alliance State
bank, and the supposition is that it
was written In a moment of playful
ness. It is quite certain, however,
that a dozen such checks would have
afforded Attorney Prince neither com
fort nor satisfaction.
The coat also contained a list of
the contents of what was apparently
a pool hall and bnrlier shop com
bined. One sheet of the list was
headed "Total Loss" and the other
"Damaged Goods," which inclines the
county authorities to the belief that
possibly the establishment of which
Anderson was part owned had been
partially burned. This belief is fur
ther corroborated by the fact that the
second bill of sale was for a much
lower sum than Anderson had paid
for his half-interest
Other contents of the coat consist
ed of a mass of old bills and letters,
one of which was from an attorney,
who mentioned that fact that a bill
amounting to $187.59 had been placed
in his hands for collection. A letter
from a wholesaler issued the warning
that unless eleven dollars and some
cents was paid forthwith, something
would happen.
With these few exceptions, the pub
lished reports concerning the coat and
its contents were absolutely correct
A COMMUNITY
PARTY PLANNED
BY THE C. OF C.
GET-TOGJETHER IS ANNOUNCED
FOR FRIDAY, JANUARY 28
Everybody in the County Invited to
Be Present at the Roof Gar
den That Evening
A community party, to which every
resident of Box Butte county has been
invited, is planned by the Alliance
chamber of commerce for the Lowry
& Henry roof garden for Friday eve
ning, January 28. This will be the
first of a series of public gatherings,
the object of which is solely entertain
ment, and the evening will afford an
opportunity for the people of the city
and county to become better ac
quainted. There will be no long-winded speech
es, according to Secretary George M.
Carey. There will be no short-winded
speeches. There will be a short musi
cal program, however, followed . by
dancing and card playing. Refresh
ments of coffee and doughnuts will be
served. Alliance is fortunate in hav
ing the roof garden for such occasions,
for it will take a mighty big crowd
to fill it
One feature of the evenin's enter
tainment will be community singing.
The choirs from the various churches
will be scattered about the hall to
take the lead in this, but every man,
woman and child is free to lift a lusty
voice.
It is especially desired that out-of-
town people arrange to be in Alliance
that evening and join in the festivities.
There will be no admission fee. It's
bound to be a most pleasant evening.
ROME OF ROY GARWOOD
IS DESTROYED BY FIRE
The family of Roy Garwood, liv'ng
southeast of town on the old Jack
Miller homestead, narrowly escaped
with their lives when a fire completely
destroyed their home yesterday morn
ing. About six o'clock when Mr. Gar
wood returned from milking he dis
covered smoke issuing from the house
and was then unable to enter the main
part. After smashing in the bedroom
window, he managed to rescue his wife
and two small children but with great
difficulty, as the moment the window
was opened, the smoke burst into
flame. The family saved absolutely
nothing and escaped with only their
nightclothes. Explosion of a heating
stove is given as the cause of the con
flagration as the doors of the stove
were found detached. For the present
Mr. Garwood and family are with his
brother, Mr. Ray Garwood, who re
sides not far from the Jack Miller
place.
AMERICAN LEGION TO ELECT
NEW OFFICERS FRIDAY EVE
Members of Alliance Post No. 7,
American Legion, will have an oppor
tunity that comes but once in a life
time, that of electing practically two
sets of officers in the same year. Due
to the removal of Post Commander J.
B. Miller from Alliance, that place
has been vacated, and the vice com
mander, E. V. Black, is unable to take
it Two or three other resignations
have also been handed in, which will
have to be filled.
A meeting has been called for next
Friday evening at 8 o'clock, and a full
attendance is desired.
Mrs. N. S. Fielding, who has been
on the sick list the last week. Is
rapidly Improving.
NO "BOSS" TO BE
APPOINTED FOR
MRSJIGGINS
JUDGE TASH DISMISSES APPLI
CATION FOR GUARDIAN
Kinds Aged Woman is Competent ts
Handle Her Affairs Action is
Brought by Daughters .
After a hearing which lasted all
day Friday and the better part of
Saturday, County Judge Tash dis
missed an application for a 'guardian
for Mrs. Julia Higgins, an aged Irish
woman living in Alliance, and gave Ik
ns his opinion that she was perfect
ly competent to handle her own af
fairs. TheJ action was brought by
Mrs. Margaret Briggs, daughter of
Mrs. Higgins, as petitioner, and was
later joined in by Mrs, Delia Hender
son of Red Oak, la., another
daughter.
The two daughters petitioned the
court to appoint a guardian for their
mother on the ground that, owing ta
her advanced age, she was mentally
incompetent to transact the ordinary
business affairs of life. - Mrs. Higgins
was accompanied to court by her at
torney, William Mitchell. The peti
tioners were represented by R. (X
Reddish of Alliance and Oscar Wren-
strand of Red Oak, la.
The petitioners called as witnesses
R. M. Hampton, Mr. and Mrs. D. II.
Briggs, Mr. and Mrs. Henderson, Mr.
and Mrs. Herman Krause and Dr.
C. E. Slagle. The testimony of Dr.
Slagle covered the symptoms of senil-
ty and mental incompetency. Mr.
and Mrs. Krause told of meeting the
defendant at a picnic some months
previously, and although they had
been acquainted with her, she did not
remember them. The evidence of the
other witnesses showed some in
stances of forgetful ness, some In
stances of irritation, and some littls
vindictiveness on the part of the de
fendant
After the evidence was taken, At
torney Mitchell moved to dismiss the
case for the reason that the peti
tioners had not made a prima facie
case showing the defendant to be
mentally incompetent. The motion
was overruled and the case adjourned
until 9 a. m. Saturday.
Saturday morning the defendant,
Mrs. Higgins, was railed to the stand,
for examination by Attorney Mitchell
and cross-examinot'on by opposing
counsel, and the fuest:on of her men
tality gone into thoroughly. During
this examination, the defendant
showed a remarkable memory, much
shrewdness, wit and sarcasm, as well
us more than tne ordinary Dusiness
ability. Other witnesses called in her
behalf were Miss Maggie Barry, J.
D. Barry, James Torrity and Cecil
Wilson.
Mrs. Higgins' testimony brought
out a brief history of her l'fe i rd the
circumstances preceding the petition
for the appointment of a guardian.
She and her husband. Thomas Hig
gins, were born in Ireland. Both were
uneducated and could neither read nor
write. They were married at Du
buoue, la., forty-six years ago, and
later, in the early 80's, came west to
nawes county, Nebraska, where Mr.
Higgins was section boss at Wayside,
north of Chadron, for several years.
where he acquired 640 acres of land.
Later they came to what is now An
tioch, where he again held the job of
section boss. They then moved to
Lakeside where, until seven or eight
years ago, Mr. Higgins held a sim
ilar position. During this time they
had taken a government homestead.
and the couple had, by hard work,
thrift and economy, built up a ranch
of about 2,000 acres. At Mr. Hig
gins' death, five years ago, a fair
valuation of the property was $50,000.
Prior to the death of Mr. Higgins,
he willed all of his property to hit
wife. At that time the family con
sisted of three married daughters, tho
two petitioners and Mrs. Cecil Wil
son. Later Mrs. Higgins decided to
deed to the three daughters jointly,
share and share alike, all of the real
estate comprising the ranch, reserv
ing for her maintenance and support
the rental therefrom, and also reserv
ing for her use $5,000 in cash on de
posit and the income therefrom.
, Alter her husband s death, Mrs.
Higgins made her home with hex
daughter, Mrs. Wilson, until the Iat
ter's death last summer. Mrs. Wil
son was her favorite daughter, and
little Julia Wilson, her granddaught
ter, "the one person on earth aha
loves the best." She had presented to
her granddaughter, the only child of
her deceased daughter, the sum of
$3,900, to become hers at Mrs. Big
gins' death, reserving the interest
thereon during her lifetime. She la
now living at the Barry house ta AJ
(Contlnued on Page 4)
IT