Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About The Alliance herald. (Alliance, Box Butte County, Neb.) 1902-1922 | View Entire Issue (Jan. 25, 1921)
nrrioini r r r, t. . . ","",u ui uox liuiie v. TWICE A WEEK TUESDAY AND FRIDAY Official Taper of the City of ADiancr VOLUME XXVIII. ALLIANCE, DOX BUTTE COUNTY, NEBRASKA, TUESDAY, JANUARY 23, 1921 NO. 17J- 4? V f - KRAUSE ESTATE TO PAY $75,000 TO PETER J. LONG SUPREME COURT AFFIRMS VER DICT OF TRIAL JURY Syllabus Filed Laft Wednesday Re cites History of Well-Known Potash Damage Suit According to a decision of the su preme court, the estate of John H. Krause will pay to Peter J. Long the sum of $75,000, the amount of dam ages awarded by a jury in district court in Douglas county, where the case was tried. John H. Krause was killed in an accident several months ago. The opinion, which was written by Justice Rose, recites the version of the facts that was accepted by the jury, and upon which the verdict of the trial court was affirmed. The opinion, in part, follows: ' "1. Where a purchaser, having se cret knowledge of valuable mineral deposits in the waters of a private lake on land purchased from a vendor who considered the waters of no value, is sued by. the latter for fraud result ing in the sale of the land, the mate riality of th,e deception charged does not depend on its effect on the pur-' chase price, but upon its influence on the mind of the vendor in entering into the contract of sale. "2. A stranger, having secret knowledge of valuable mineral depos its in the waters of a private lake on land, may purchase the land without disclosing his superior knowledge, but a slight imposition on his part may terminate his privilege of silence; and, if he speaks falsely on matters relat ing to his secret knowledge and to the purpose of his purchase and thus deceives the owner into making a sale, he may be held liable for result ing damages. "This is an action to recover dam ages in the sum of $992,000 on ac count of the fraud of defendants in inducing plaintiffs to sell and transfer to them a 640-acre ranch in Sheridan county, for $8,000. The difference be tween the damages and the Bale price is based on the value of potash in the water of a private lake covering abcut 240 acres of the land. Flaintiffa al lege that, without knowledge of the potash in the water, they regarded the lake as a detriment, and were in duced by the fraud of defendants, who knew the facts, to sell and trans fer to them the ranch, including the lake, without any consideration for the potash. Defendants denied the fraud charged and pleaded good faith in the negotiations and purchase. Up on a trial of the issues the jury ren dered a verdict in favor of the plain tiffs for $75,000. f rom a judgment thereon, defendants have appealed. "The controlling question on appeal is the sufficiency of the evidence to sustain the verdict. Defendants con tend that there is no evidence of ac tionable fraud; that plaintiffs fixed their own price, which was paid; that there was no concealment; that there was no misstatement of an; material fact; that defendants did not know the contents of the water; that it had no commercial value; that plaintiffs and defendants had the same means of acquiring knowledge; and that clear and satisfactory evidence of the fraud charged is wanting. The evi dence and the argument from the standpoint of defendants have not es caped attention, nor have precedents and divergent views of the laws been overlooked. The position of defend ants would be unassailable, if the testimony in their behalf could be ac cepted on appeal without question; but the sufficiency of the evidence to sus tain the verdict must be determined by the proofs tending to make a case in favor of plaintiffs, since the jurv found the issues of fact in their 7a vor. The circumstances surrounding the negotiations are material to the inquiry. Plaintiffs were husband and wife, and with two small children lived on the ranch in controversy. They were without practical knowl edge of chemistry; they lived in a sparsely settled country and were en gaged chiefly in stock-raising. Their nearest neighbor was more than two miles away. They were 12 miles from a railroad and 40 miles from the county seat. They had no telephone and no rural mail service. The snow was a foot deep and the weather was cold. Travel by automobile was sus pended. Peter J. Long, plaintiff, had been on a saddle-horse looking after his stock. Chilled by the cold, he came home in the evening and found de fendant, John H. Krause, there. The two men had before met, but were practically unacquainted, though their ranches were only 5 miles apart. There is believable testimony from which the following facts and conclu sions may be inferred: "Peter J. Long, plaintiff, managed three sections of contiguous land, but two of the sections were owned by his father, who resided in California. A small portion nt the lake was on a section owned by the latter. Krause said he heard the land was for sale, and was told that plaintiffs had never so stated to any one. JCrause said he wanted the land for grating and other stock-raising purposes and asked Long to put a price on the three sections. After some reflection Long said he would take $17,000. Krause THE WEATHER Forecast for Alliance and vicinity: Fair tonight and probably colder east portion tonight insisted that was too much, owing to the amount of water, 240 acres of lake, and offered $13,000. This was refused. An offer of $15,000 followed and was likewise rejected. Krause finally said he would pay $17,000. Long, in the event of a sale, wanted a lease permitting him to retain pos session for a year to dispose of his live stork. This was agreeable to both. Long started to ask about a potash plant at Hoffland, about 14 miles away, and Krause intimated that the promoters were not doing very much there 'except having a lit tle smoke.' Long accepted a check for $300.00 and agreed to transfer to defendants!, the title to the three seci tions for $17,000 with the understand ing that the latter would lease lands to plaintiffs for a year for $700.00. These negotiations occurred late in December, 1915, and the deeds and the lease were delivered Febru ary 3, 1916. The lease contains the provision that the defendants 'reserve the full rights to all the lakes on said lands for any purpose for which they may desire to use them, during the life of this lease, together with full rights to sub-let their rights to said lakes." Plaintiffs had no knowledge of this reservation when the lease and the deeds were delivered. Of the pur chase price, plaintiffs received $S,000 for their section and Long's father re ceived $9,000 for his two sections. De fendants knew that the lake contained valuable deposits of potash and plain-fl mis uiu mti. riaiiiuiiw ueuevea me statements of John H. Krause and re lied on them. Otherwise the sale for $17,000 would not have been made. Within short time defendants sold the lands in the three sections for $15,000 but retained the lake, which is now connected by a pipe line with a potash plant in Antioch, where there is a railroad station. Defendants have an interest in the plant men ( Continued on Page 8) SUGGESTED LEGISLATION MEETS WITH APPROVAL County Attorney Lee Basye has written the attorney general of Ne braska and the county attorney's asso ciation, recommending that.the presenC legislature pass a bill permitting the county attorney in any county to issue a subpoena for any witness or person whom he believes has knowledge of any matter that he may be investigat ing, requiring such person to appear at his office and give testimony under oath. New York state has such a law, and it has been found to be of great as sistance to the prosecuting attorneys in handling state cases. At present, the county attorney is handicapped in investigating crimes because he lacks this authority. Mr. Basye, has, during the past month, had plenty of in vestigating to do, and has come to a realization that it is extremely diffi cult for a prosecuting "attorney to get at the truth unless he has sufficient power to compel witnesses to appear and giye testimony. "When the county attorney's atten tion is brought to any alleged viola tion of the law, he is supposed to in vestigate the matter, but he has to de pend upon the sheriff, constable or police officers to make the investiga tion," Mr. Basye says. "If the witness does not care to give out any informa tion, he does not need to do so, and it is with much difficulty that the county attorney is able to secure evidence be fore the trial. If the witness could be subpoenaed to appear at the county attorney's office and give testimony under oath, then he will be required to testify whether he desires to do so or not. "Each succeeding session of ti-e leg islature has added new duties to the office of the county attorney, but has failed to give him the necessary work ing tools to perform some of these du ties. 1 believe that the legislature should also pass a law providing that the county attorney might be em ployed with a certain fund to be used in employing detectives." Mr. Basye has received letters from the attorney general and others pledg ing their support and the support of the county attorney's association for such legislation. HOME BREW DRINKING ALMOST CAUSED DEATH William Kauffman, nineteen years of age, returned from the hospital to his rooms over a local pool hall this morning, following a three-day stay in St Joseph's hospital, where he was taken Friday afternoon, Physicians said that his illness was due to indul gence in home brew. He went to his rooms at noon Friday, and was taken with convulsions a short time after ward. For a time it was thought he would not recover, but prompt reme dial measures brought him out of it Kauffman, it is said, admitted at the hospital that he had been drinking and said that he had purchased the home brew from a local bootlegger, whose name he refused to give. Elizabeth Ann Walker, the small daughter of George Walker, has been quite ill the past week, but is reported on the road to recovery. TOM BEAL DIES OF INJURIES IN AUTO ACCIDENT PASSED AWAY AT HOME IN ALLI ANCE SUNDAY NIGHT Death Caused by Blood Clot on Brain Was Occupant of Car Driven by Oscar O'Bnnnon The second death to occur as a re sult of last Wednesday night's auto mobile collision, when a h )&vy Stearns Knight, driven by Oscar O'Bannon, crashed into the Chevrolet driven by Ray Aspen, came at 10 o'clock Sunday night, when Thomas J. Beal, well known Alliance man. died after four days of suffering at his home, 910 Toluca. Beal was seated in the rear seat during the ill-fated drive, and when the heavy car turned over twice, suffered serious injuries about the head and eyes. Oscar O'Bannon was' almost instantly killed. Beal had been conscious since the accident, and physicians believed he had a chance for recovery. At first it was thought that he might lose his sight, but later these fears were al layed, and until Sunday afternoon it was thought that he would recover. A blood clot on the brain is given as the cause of death. His nose was broken and his skull was thought to have been fractured. Thomas J. Beal is survived by his wie, two daughters, Mary, aged Feven, and Betty, aged five, and a six-months-old son, Warren. Two brothers, Ralph and Huprh, reside in Alliance. The latter was in partnership w'th Tom in conducting a truck farm south of Alii-' ance. The deceased came to Alliance in 190G from Red Cloud, Neb. Funeral services will be held from the Catholic church in. Alliance at 10 a. m. Wednesday, with Father Man ning in charge. ALLIANCE MEN HONORED AT STATE FIREMEN'S CONVENTION The Alliance delegates to the state volunteer firemen's convention, which met at York lastweelc'tircupied a prominent part in the deliberations, several of them receiving places on important committees. Following were the officers elected at last Thurs day's session: President, C. R. Frasier, Gothen burg; first vice-president, John Mar tin, Fremont; second vice-president, O. W. Rhoads, Scottsbluff; secretary, H. A. Webbert, Kearney; Treasurer, F. B. Tobin, Sidney: chaplain, Rev. Walter C. Rundin, Mitchell. Board of control: Jacob Goehring, Seward, chairman; Clarence Dawley, Auburn; A. W. Sprague, Crawford; Bert J. Galley, Columbus; Earl Neel ey, Gering. Auditing committee: Col. Ernest Hahn, Fremont; E. S. Carson, Kear ney; P. E. Romig, Alliance. Commit tee on constitution and rules: Bert J. Galley, Columbus; H. A. Graff, Sew ard; H. L. Boyes, Hebron. Legislative committee: J. C. Cleland, Fremont; L. W. Hague, Minden; J. W. Guthrie, Alliance. , Committee or officers' re ports: J. R. Baskins, North Platte; C. H. Masters, Auburn; H. E. AyerS, Mitchell. Press and publicity commit tee: Lloyd C. Thomas, Alliance; Harry Hauser, Alliance, R. D. Holmes, Gothenburg. Memorial committee: M. J. Sanders, Norfolk; W. C. Run din, Mitchell; Lee B. Carey, York. Attorney, L. W. Hague, Minden. Earl Mallery left Friday on a busi ness trip to Omaha. GOOD XMJINES3 fro TO Wati wtk Am or MY to. m rwwi I've noticed now Seattle claims it's got poor Reno beat; b all the KfctSand shuffling games, it's much more iwift and fleet They grant oVorcft (even a day, while Reno grants but three, they lay; they free fond flapper, flip and gay, and it's done nice and neat Now, after every wedded battle, the wine takes a train, and journey out to old Seattle to cut 'it bond in twain. The severing of any match is done with neatness and dispatch, and hubby' free at any batch to (tart in raiting cain. It' getting now to be the ttyle to travel way out wett and settle there till time to Ele the paper on the pett Wives thake their happy, winsome smile for just the shortest little while to thow the judge they're lacking guile, so he will do hit best to make the alimony big; to make poor hubby dance a jig; to make him tcratch and scrape and dig and beat upon his breast Seattle isn't proud at all, the papers all declare: divorce figures quite 'appal; reformer simply stare. Why should they want to cut 'em down when it brings customer to town like Mr. Driggs Bruggs Bronson Brown to buy their goods and ware? Besides, divorces aren't as bad as many people say. The ones divorced are never lad; they marry right away, and so where two were wed before, divorcing serves to wed two more, so why should they raise such a roar and get so awful road? ew now . STOCKMEN HOLD A MEETING WITH STATE OFFICERS DISCUSS NECESSARY STEPS FOR CONTROL OF SCABIES General Inspection of All nerds in Western Nebraska to Be Made by March 15 Ten members of the executive com mitte of the Nebraska live stock grow ers' association and several state and federal bureau officials met at the Al liance hotel Monday afternoon. There were present at the conference Dr. W. T. Spencer of Lincoln, state veterina rian; Leo Stuhr, secretary of the state department of agriculture; Dr. Hayes of the federal bureau of animal hus bandry, and officials of the state bu reau of animal husbandry. The conference was held for the purpose of taking the necessary steps for the control of scabies, or itch, which seems to be quite prevalent in the herds of western' Nebraska. Ow ing to the large numbers of cattle that were shipped here last winter on ac count of shortage of feed in adjoin ing states the itch or mange got a new start and this step was taken by the federal and state authorities to get the situation under control. It was decided that a general in spection of all herds of western Ne braska be made between now and March 15, and if conditions are suffi cient to warrant it, a general quaran tine will be placed on the counties of westerrj Nebraska. , The work of inspection is to be com menced at once, and it is expected that it will be completed by March 15. The bureaus will then be able to decide what the next step will be. If the disease is not bad enough to render necessary the general quarantine, the herds affected will be put under quar antine and compelled to be dipped un der government supervision. The executive committee of the Ne braska stock growers' association held a meeting following the conference, at which a resolution was adopted advo cating a change in the brand inspec tion law. The matter will be looked fter y Senator Good of this di trict Steps were taken to hold' a conference: between a committee appointed by the association and a like committee ap pointed by the South Omaha exchange and the secretary of agriculture, look ing to a reduction in commission charges of South Omaha. A larger percentage of the executive committee would have been present at this meet ing had it not been for the storm, which prevented many from getting here. DEAN' DIXON NEW HEAD OF AMERICAN LEGION Dean J. J. Dixon was selected by the members of Alliance post No. 7, American Legion, as past commander at a meeting held at the city hall last Friday evening. E. R. Harris was elected to the vacancy on the executive committee caused by the resignation of D. C. Bradbury, who resigned to ac cept the position of post adjutant This gives Alliance post a full corps of officers again, and plans are being made for a number of legion activi ties, first of which Is a dinner for members and other ex-soldiers at the Alliance hotel Fern Garden at 6:30 p. m., Thursday, January 27. Bardell Marks, who has been sick for the past week, is again able to be out. ohE JQk r i . J - V J I ARTHUR COUNTY SHERIFF CAPTURESJFE DESERTER Sheriff Charles Berryman of Arthur, Neb., spent several hours in Alliance Monday, and while here availed him self of the hospitality of Sheriff Jim I Miller. Sheriff Bcrrymnn had in tow one Thomas Markensen, an undersized man thirty years of ace, whom he was taking back to Arthur county to I answer to a charge of wife and child ' ilncavlinn nHknimk . 1 I . . """"""I "iuiuukii me cumpiaini might have been considerably stronger. According to the story told by Ber ryman, his prisoner, on July 5 last, left Arthur county, taking with him Estella Short, nineteen years of age, the sister of his wife. Two months ago the girl returned home, and has since given birth to a baby daughter. She refused to tell the whereabouts of her sister's husband, but the family, by watching the mail she received, dis covered the address. Sheriff Berryman said his prisoner, who had been working near Living Spring, Mont, under the name of Thomas Nelson, came quietly and did not insist on requisition papers. The sheriff took from him a number of let ters from the girl, who was quite in fatuated. These letter bore the in formation that the prisoner's wife wasn't particularly concerned with having him arrested, as she had filed suit for divorce and was already en gaged to be married again. C. H. Hughes and family of Hem ingford, were in Alliance Sunday. County Judge Tash appeared at his office this morning after a four-day siege with "international complica tions." He was suffering from a com bination of Spanish influenza, French grippe, Germnn measles and Patagon ian phthisic. His strong constitution enabled him to withstand the on slaught, although he has been confined to his bed. Several cases in county court were postponed during his ill ness, and it will probably be two or three days before he feels sufficiently full of pep to' tackle them. MUCH INTEREST MANIFEST IN ALLIANCE C. OF C. PARTY It's none too early to begin to plan things so that you'll have next Friday evening open. On that evening, at the IO wry" & Henry roof garden, comqs the first of the "open house" meetings given by the Alliance chahber of com merce, and the public is invited. A special invitation has been extended 1o farmers, ranchers and stock raisers, and it is hoped that the ronds will be in shape for travel by next Friday eve ning. The Friday evening party will be different than anything heretofore at tempted by the chamber of commerce. There won't be a single speech dur ing the evening. Instead there'll be some real entettainment, consisting of music by the eirls glee club, under the direction of Mrs. J. S. Rhein; a man dolin orchestra, and dancing to music by Hardling's orchestra. Two other features of the eveninff will be a half hour or so of community singing led by J. P. Mann, and a luncheon of coffee and doughnuts. The doughnuts will be cooked about ten minutes before they are needed and brought over to the roof garden just in time to be eaten hot. For all this entertainment there will be no charge. Everything will be as free as the air you breathe or the water you drink. Those who do not dance will find card tables handy. It will be some occasion, and if it goes as well as the directors expect, it will be made a regal ar feature. AMERICAN LEGI3N BANQUET AT FERN GARDEN THURSDAY! Members of Alliance post No. 7, American Legion, will banquet at the Fern Garden, the new banquet and dance hall of the Alliance hotel, next Thursday evening. Cards have been mailed to the members and it is ex pected that a large majority of them will be present This will be a regular business meeting, the first since the newly elected commander, Dean J. J. Dixon, accepted the office. Mr. Dixon hopes to liven up the members of Alliance post, and plans to hold regularly monthly business meetings and ban quets combined. Attendance will be limited to members of the legion and ex-soldiers, and all members of the post have been urged to bring along a buddv. Alliance post has been unfortunafe in the election of officers who removed from the city shortly after they as sumed office, with the result that the post has not had a fair opportunity to accompnsn much, the play com mittee has received copies of several A. E. F. sketches and plays, and a home talent theatrical production will come up for discussion among other things. The new commander has a number of plans for injecting pep into the meeting, and one of J. M. Miller's feeds ought to be an Inducement for them to turn out The Alliance public schools as well as the St Agnes academy had no school Monday afternoon on account of the storm. Dutch Maunier broke his arm last Thursday while wrestling at the club. SAYS DETECTIVES MORE EFFECTIVE THAN GRAND JURV BUT LATTER ABOUT THE ONLY THING LEFT County Attorney Basye Discusses Lais- Enforcement at Chamber of Commerce Dinner At the chamber of commerce lunch- eon at the club rooms Monday noon the fifty or more members present dis cussed several matters of importance to the city and county. The topic of chief importance was the petition ask ing District Judge Westover to .call a grand jury, and County Attorney Basye, who was present, was asked to tell of the procedure and give his idea of the probable results. Mr. Basye -gave it as his opinion, that that while a grand jury in Box Butte county was probably the best course, under present conditions to ef fect a clean-up, he doubted very much whether it were the most economical ' or effective way of improving the moral tone of a community. He fav ored the hiring of two or three de tectives, and told of former occasions when this method had been found to give! very satisfactory results. A detective, he said, could go out . " and actually get evidence that could be introduced into court A grand jury session can call in men and force them to testify, but in court a man cannot be compelled to furnish evidence to convict himself. He said the county commissioners hd, in,, times past, failed to look with favor on spending money to hire detectives. Mr. Basye thought it too late to hire a corps of detectives, for the present cleanup campaign, especially since the , matter hnd been openly discussed. "If you get detectives," he said, "not more than two men in the county ought to know flbout it. TVlPV ah mil ft vrnrk in. dependency of the other law enforce ment officers, and never be seen with them. The minute they are spotted, their value is lost" City Manager Question. sence of President Glen Miller brought . up the question of the city managei""Orv' plan. Two or three people present de clared that there was no question but that the election was legal. It was" pointed out al-o that there were some o""o"to of tb plan who hfld re ceived legal opinion to the effect that the election would be thrown out, and that there was a prospect that the matter would be taken to the courts. At present, there are two methods, which can be followed to iret a lejral decision. If the mayor and citv cleric call the primary elecMon, it will take place unless the objectors nk for an injunction, which w'll give the courts an opportunity to pass upon the legal ity. If, on the other hand, the mavor and clerk fail to call the nr'mary e'ec tion, mandamus proceeding can he started to compel them to do so. Un less eKher of these things happen, thft election will be called and the matter of leal!fv allowed to pass unoues tioned. This, it was declared, miVht lead to considerable difficulties in he future. The courts will not decide moot que.'t'ons, and do not loo-t with favor on friendly suits, so there is noh!nT to be done save w-v't and see how things tu"n out County Attor ney Basye advised the friends of the plan to have their mandamus papers redv. in he event it 'n decided not to call the primary election. Dr. W. T. Spencer, state veterinar ian; Ieo Stuhr, state secretary of agri culture; Dr. Hays of the federal bu- reau of animal husbandry and othereJ state officials, present for the meetingofi with the livestock men, were present, '- and the former was called upon for remarks. INSANE HOBO IS HELD AT THE COUNTY JAIL Louie Maas, sixty-six years of age,. is being held at the county jail and it is probable that he will be given a hearing before the insanity commis sion. He drifted into Alliance with the snowstorm, and was found in the railroad yards by a kind-hearted switchman, who gave him his break fast Sheriff Miller later found him at a local pool hall and took him in charge for investigation. At the jail he showed signs of insanity, although of a harmles variety. Maas says that at one time he owned a homestead near Mead, S. D., but that bis neighbors stole all his belongings and forced him to leave the country. Since that time he has been "walkink the ties" under a sen tence imposed by a woman whom he calls "Anna." "She laid the curse on' me when I was a baby, before I could walk or talk," he said. "I'm getting to be an old man now, and I'm mighty tired of walking the ties, but she says I've got to go on with it" He has, he says, served two hitches in the army, being stationed at Washington barracks, where he was an artillery man. W. II. Butler, of Sheridan, Wyo has been visiting his mother, Mrs. Lizzie Butler of this city.