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About Lincoln County tribune. (North Platte, Neb.) 1885-1890 | View Entire Issue (Jan. 29, 1887)
it f 1 5v i BTEVEMS & BARE, EniTons axd Props. SATUEDAY. JANUARY 29, 1887. Spark's policy has clogged the department with contests and a new bureau is asked for. This , is, the natural result ofrproceeding on- th6 theory that every entry is. f raudu. i Ok the first page will be found a synopsis of the inter-state com merce bill. How the law will operate can tmly be determined by practical operation It will prevent pooling and in many cases probably increase rates. It is understoood its passage was favored by the railroads The editor of our esteemed con temporary the Telegraph being a member of the U. S. grand jury and has made several trips back and forth to Lincoln latelv. Of course he pays his fare, being a good anti monopolist. Ir he does not he wil certainly return to the governmen as a juror. ed and the state- wildcat banking systems inaugurated. It opposed the establishment of our present admirable greenback and national currency. In fact the Democratic party has opposed every great mea sure that has been adopted in the last twenty-five years, under Repub lican rule, and by which the nation has advanced with such wonderful strides. Ye would be pleased to have our contemporary enumerate some, of the good things that its party has advocated and accomplished. the mileage he receives The accounts and disbursements of S. P. Rounds as public printer, during the five -ears of his incum bency, amounted to about 5,000, 000. They have just passed ihrouj the ordeal of examination and found to be correct. Of this Mr. Rounds feels justly proud. He is now citizen of Nebraska, being presiden of the Omaha Republican Company Axotiier good list of subscribers placed on our books this week, for which friends will please accep thanks. We are now conducting negotiations with the Omaha Bee for one of its first-class circulation liars. As soon as it arrives every family of the county shall have copy of The Tribute if they want it. Several state papers, notably the Omaha Republican, still keep up a war onSenator Van Wyck. The old.man is defeated; let him retire to private life in peace. While he may continue his efforts as a party disorganizer in a feeble way, he wil work little harm if let alone. As a matter ot tact, however, it is not likely he will make his home in Nebraska. English papers profess to believe that there is extreme danger of continental war. Since the defeat of his army bill "old Biz" has made some pretty strong threats, but this family journal believes they are more electioneering dodges than anything else. The time has riot yet come, neither side is 3ret quiet ready, to begin the irrepressible conflict between France and Germany. . j ujuutit ux politicians are as cribing Weaver's defeat to Church Howe's influence. Mr. Weaver was not an enthusiastic supporter of Church Howe last fall., but his negative position was only one of many -causes that led to the would- be congressman's defeat. Nothing that Weaver could have done would have prevented the catastrophy. ine-iact remains, -however, that had he supported Howe with that enthusiasm a nominee of the party is expected to receive from leaders, he would not have antagonized Howe and his friends, and in all pro bability would have been elected enMolsN.. Ti. " T l I II ocuttiui. u is oesc to taKe your medicine straight. Crooked medi cine brings about bad results. Our esteemed contemporary the Nebrash'an. in speaking of the elec tion of Mr. Paddock, says: . It will restore 'harmony and cement the party ties of an organ ization that has stood as the proud est political one since the founda tion of our government, an organ ization whose principl es and tradi tions are synonymous with all that is good in our governmental system. "An organization whose princi ples and traditions are synonymous with all that is good in our govern mental system." 0 cheek! thy name is doraocracj Let us see what is good in our governmental system that democracy has originated and advocated. A careful scrutiny of the- historv of the uasfc - x fifty years fails to detect a single act that can be classed in that Category. On the' other hanjl we fm4 many things that it has flone that are not synonymous with all that is good. The Demo cratic party advocated 'slavery, aye even favored its extension; it has always" opposed protection to Ameri can industries; it opposed the pas sage of the homestead bill; it op posed the prosecution of the war, and encouraged, aided and abetted rebellion. Under its administra tion the national bank was destrov- When Mr. Eells went out of of fice a year ago one of the items the commissioners charged against him was an excess of fees according to their figuring he had been allowed for collecting taxes. Mr. Eells having acted under the advice of attorneys and with the knowledge of his bondsmen, he felt that his position was correct. The matter dragged along the entire year without being settled to the satisfaction of the lioard. Mr. Grady computed his fees in the same way. To settle the question in dispute it was referred to the county attorney for his opinion. This is printed elsewhere, and com pletely exonerates Mr. Eells from the charge of appropriating fees in excess of the amount allowed by law. During the controversy The Tribune maintained and stated re peatedly that this was the only question on which the commission ers had tenable grounds; that it was a legal question on which there was room for diversity of opinion. Mr. Eells laid no claim to an infallible position. He believed he was right. yet was ready at any time to re turn any amount it might be de cided he. was not entitled to. COUNTY TREASURER'S FEES. Opinion of County Attorney J. I. Nes- bitt Relative Thereto. There being a dispute between the county commissioners and treas urer as to the mode of computing the "treasurer's fees, the question was submitted to the county attorney for his opinion, which er be allowed ten percent; upon all sums over tnree thousand dollars and under five thousand dollars, four percent; upon all sums oyer five thousand dollars two per cent, &n upon all school moneys, one per cent. . Second, that in settlement with the state 'treasurer, the county treasurer-snail consolidate all funds comprising' the -state tax into one amount, excepting the school fund, and upon that aggregrate compute the fees as aoove. In settlement with the county board for county tax the county treasurer shall in like manner con solidate all county funds, and also compute fees as above, and in like manner consolidate the funds, aud. compute the tees tor collections for cities of the second class and vil lages within in his county. In selecting between the above constructions, we are to be governed by the intention of the legislature when it uses the following language "On all sums collected per centage "shall be allowed but once; all "sums from whatever fund derived "shall be included together, except "the school fund. To interpret this language we must find a definition for the word fund as used in its legal significa tion. A fund is an amount created or set apart by an appropriation made for a definite and certain purpose, by the authority in whom is vested the right to levy a tax. The word fund- and the word source are in no wise equivalent nor interchangeable. If the statute read from whatever source derived there could be no question about its construction, but such is not the language. The state may increase or di minish the number of its funds. It can exercise no control whatever over the county or city funds. Nor is there any authority whereby- the state in its settlement with the county treasurer can ascertain the amount of the collection madeby the treasurer for other corporations That they make no effort to learn this amount may be gathered from the following letter, which explains .itself. Lincoln, March 9, 1880. B; I. Hinraan, County Attorney, Lincoln County, Neb., North Platte, Neb. Dear Sir: Your letter of the 8th inst. to Hon. C. H. Willard has been referred to this office for re ply. In figuring the fees of county treasurers we follow the law as laid down in Sec. 20, chapter 28. We take the state monevs collected and :0?:W -Sxwd xasro-- s , ri was rendered this week and is given in full below. It sustains the nosi- include general, sinking, peniten- tion taken by the treasurer: tiary, bond, asyjum, norma1, retorm, tr M m ii -t i t r. m- suu'jui, uupnui. live sluck mueninibv. North Platte, Neb., Jan. 28, '87 hnstitnte fppblp min fno-pf.W io tne nonoraDieuoara or county iinw fp r ppnf nn flrcf Oommisssioners, Lincoln County, 3000. four-ner cent onVex'fc. $2(X)0. and two per cent on all over 5000, uociIn0CASH IDDIMC. LtJMBER M COAL. Tt wrrrmr:-TraiJ II ;- . SASH, ; f . ' vii ,c j DOORS Etc. LIME AND CEMENT. Penniylvwiia Anthracite Colorado Anthracite, AND Colorado Soft C -A. X- - NOR4H D ON n. TRACK WEST OF DEPOT, PLATTE, NEB. r.1 - , " THACKER f TJ C3p Car I SS T I KEiII'SLOlfjfc FRONT STREET, OPPOSITE PACIFIC HOTEL. NOBrA-TTE, - NEBEASKA. WE AIM TO; HANDLE THE BEST GRADE OP GOODS, SELL THEMAT REASONABLE PRICES, AND WARRANT EVERYTHING AS REPRESENTED. 3? Orders fromcihe. country and alone: the line of the Union Pacific Railway Solicited. v3 - solidate all mpjays of the county from whatever: iuod derived, except schdol fund, andeharge-like fees as to the state. 'In likk,. manner to consolidate allljnpneys collected for city, from whatever fund' derived, exejept the school fund and charge same fees as to the state. nd upon all school money? he he aljpwea a commission of hut one per cent. ,;I. am very respectfully your obedient servant. John I. Kesbixt. On school and university funds, we. allow one per cent on the total amount. Very truly yours, "A. H. BabcOck, "Auditor, P. A. I. H. Benton, Deputy. I also quote from a letter received by Mr. Hinman three days latter, in which the State Auditor says: "We have no decision of the court on that question, nor have we any written" opinion of the attorney general. However, in a personal Neb.. Sir: In answer to your com munication of January 24th, 1887, "What is your construction of the law regulating fees of county trea surers", I have' the honor to reply: Section 20 page 355 compiled statutes of .Nebraska, lHbo, is in substance as follows: Each county f in treasurer snail receive tor nis ser vices the following fees: On all moneys collected by him for each fiscal year, under three thousand anmn J I rj conversation with him on the sub- under five thousand dollar, fourper ject, he expressed the same opinion, cent; for all sums over five thL !I"JplS sand dollars, two per cent. On all J" 1 3..., ' sums collected, per centage.shall be ZMiSEO "Z n 1 1 riivorl lint, nnpo nnrl in finmnnt. ..J ' - . - i VC vr' ii r j cepting school, and the city the same;.s ' In the first construction of this statute the equity in the case is out raged. The compensation of a county officer requiring the entire time, of competent man under a bond of $80,000 is reduced to less than $1,000 To ascertain whether the legisla ture extended this construction, it SENATE. r ing the amount collected for the purpose of charging per centage .all sums from whatever fund derived and shall be included together except the school fund. Ori school moneys bv nim collected ne snail receive a commission of but one per cent. Sec. 42 page do require the treasurer to pav into the treasury of the county the fees received by him in excess of the sura of 2,000. The samo aonKnn niittinnM f no nnnnfir seenis to me to be.only necessary to board upon applicatidn. of the trea- introduce a bill amending the sec- anraf onrJ f Hqtt Aaominrr nnnnKnnm, HUH UUUCr UOUilUCiaUUIl OU cto IV ou&a uuu l ljv v uKttiii jjvcooni y i .... . .. . s?nn make this hrst construction certain per annum tor a deputy county auu lta treasurer. Sec, 91 page 248 defines the duties of county treasurers, and is 1 A 1 in suostance as rollows: It shall be the duty of the county treasurer to receive all monevs be longing to the county, from what-1 ever source derived and all It would not 111 A I 11 il. require a propnet to ioreien tne A mt via fate ot such a bill. The legislature has carefully provided that county othc8rs shall not receive excessive fees. The second construction can therefore work no hardship and wrongs no one. The law orginally made the tre'a- other money which is bv law direct- surer of cities of the second class ed to be paid to him. All moneys and villages the collector of city received by him for the use of the taxes, and they computed their fees county shall be paid out bv him upon this section and upon the . - I . .... - ... only on the warrants, issued by the same basis that the state settles county board according to law, ex- with treasurers. I am unable to find cept when special provision for the anything in the law changing the payment thereof is or shall be other-1 collection from city to county trea- wise made by law. surer which would indicate that it 1 he statutes of Nebraska make was the intention of the legislature the county treasurer the collector to change the compensation allowed of State, County, City of the sec- for the services, but on the con- ond class and village and school trarv it seems to be the intention of axes. the law that the county treasurer Sec. 20 page 355 relating to fees shall make the collection and of county treasurer must be con- and receive the compensation strued by you in: settlement with formerly allowed to the city or vil- the county treasurer, and is the ob- lage treasurers, ject of your communication to . me, With these views I see no reason as I understand. why the precedent established The construction of-a statute should be chatfged. consists in ascertaining the inten- After a careful examination of tion of the legislature in creating the question submitted, I am of the the law. opinion that the intention of At the first view, two interpreta- the legislature in creating the law tions of this statute seem, possible. was to "direct the county treasurer 4irst, that all money from, what- in settlement with tfte state to con- ever source collected by the county treasurer except school money shall be consolidated into one amount State, County, and City each con tributing to the aniount-and that upon the first three thousand dollars of mid amount,! the treasnf-pper cent. In like soldate all moneys of the state from whatever fund derived, except school fund, and upon the first $3,000, charge ten per cent, upon the next $2,000, fourper cent, and upon all sums over $5,000, to charge two manner to con- THE PARTIES IN THE The Senatorial elections for the yar 1887 have-all taken nlacev ex ceptin Floridaf-Indianar, N6w. Jer sey, Tennessee, fexas, and West Yirginia. ' TWfy-lye . 'senators were to be elected1 this year, '"besides one. to, fill the seat of Senator Logan deceased. The -election of Mr. Far well in his stead' insures Hwerity-six hold-over seats, to the, (Republicans including Mr. Riddleberger,.ngainst twenty-five held" by Democrats: Of the twenty-five senators to he elected, the Republicans have now elected Joseph R. Hawley.vof Conr necticut; Eugene Hale, of Maine; Henry L. Dawes, of Massachusetts; Francis B. Stockbridge, of Michi gan; Uushraan K. Davis, of .Minne sota; A. S. Paddock, of Nebraska; William M. Stewart, of Nevada; Frank HiscoJkof New York; John Sherman, "of 'Ohio: M. S. Quay, of Pennsylvania!Wsoii:-iW. Aldrich, of Rhode Island? - George F. Ed munds, of Vtrmwit; and Philetus. L Sawyer, .' 'gWisrasin. making thirty-mne.Ui"alht ?ihe Democrats have -lecteA?:t&8orfce. Hearst, of California; George Gray, of Dela ware; A. P. Gorman, of Maryland; James Z. George of Mississippi; F. P.'CpckrelK p-Missourit:and J. W. Daniel, pf Virginia; and-will prob ably elect Democrats in place of Jones, 6f Flbrid'af: Whittborne, of lennessee; Jiiaxey, or Aexas; auu Camden, of Weif 'yirginiai' 'making thirty-five in all? , In cae of con- lests m lnuianaana ixew tieraey, the' claims ' of tl?el contestants will be passed upon byS-benate composed 11 , .rnrn 1 1! 1 or tnirty-nine.iv mepuDiicans ana thirty-five .Democrats. GRAND ARMY ENCAMPMENT; ' General order. . - ' neadauafters department ot ,er braska, & .!.R-, Grand Island, Neb., Jan. 12-The time fixed for annual encampment of this depart ment being thej lOtK of February, next, and that time coming among the closing days o- th& legislature, and it being impossible for the department conltoadderA an,d many members of the.legislatur.e to leave their spheres of duty, at Lincoln, at thafctime, the council of administra tjbn;jbave authorised the 'c.mni.'md er to-postpone the, encampment to the -Kith of March, next. - The encampment will therefore occur at Omaha; ;qn the 16th and 17th of March. - Thevcouncilt ;of administration ".will .convene on Tuesday the 15th, at the same placed Depa'raaie'n't'Commander. ' " Before jwinthhanting, fishing or land prospecting, Cdll 'the Vienna Restaurant ani&kerr-and have your liuich baskets filled. ;;t5EEBEJ6 JtlUMES. The ' Pea green t yonngsters of Grand Island are. coaching a spank ing by iammJ "cniejE, sport turns out to fir: tappings oV. the church windows aad thro wing kisses at the inside prlrJlgreatly annoying thehdnrof80janJ)rayeiv- "People continue to kick about the price of coal some people but I don't,- and I want a ton right awav, said Col. Skinner in the A ti ITT 1 1 f 1 omce or tne wmtebreast t-oal com- pay the other evening. "Why don't I kick?" said he to a Journal representative, who had just gone in debt. for a ton; "I'll tell you. In November 1864, I hauled a load of coal'from St. Joe to Denver, and the man for whom I did the work paid me$l,105 for it for the haul ing. No, I do not know what he got for the stuff, but as it was wanted for smelting purposes and was the first used, ;it is safe to say that he lost nothing. From that day X have never growled about the frice of coal, whether high or low. mention this case-and a bill for the work is in my. office to show the difference a few years brings aWut. Here I" am buying Colorado coal for $0 or 7 per ton, when the nioney got for hauling a single load of it a little, in ore than twenty years ago would at that time have pur chased hundreds of acres of the land under which it is taken to-day." Journal' Topics. & The seventy owners and lessees of coal mines who met at Columbus Ohio, and resolved that they re cognized arbitratiou as a just and honorable method of setting diffi culties between operatives and operators did a very wise thing. Some of the smart which the public feels in paying advanced prices for its winter coal .(though the bitum inous coal men have not been the chief extortioners) will be removed if Jfc should become apparent that adyanced prices for coal are accom panied by advanced prices for labor m getting out coal. While it may not be true that labor is the creator of wealth, it is very true that no wealth can be produced without labor, and it is especially true that American instinct is hostile to "muzzling the ox that treadeth out the corn." Labor always suffers during periods- of depression of trade; it is only fair that it should share in the prosperity of trade. CLINTON, DEALER IN WATCHES, SILVERWARE AND Pine Watch and Clock Repair ing a Specialty. Call and see me before purchasing elsewhere; McDonald's Block, Spruce Street. A. F; STREITZ, DRUGGIST ill CHEMIST,, Drugs, Paints and Oils: Wall paper, Lamps, Etc. ir Prescriptions Carefully Compounded. Keith's New Block. OTTERSTEDT, HERSHEY & CO. DEALERS IN AGRICULTURAL IMPLEMENTS, AND MANUFACTURERS OP tOAJD CARTS, 33TO- ' v ' i ' BLACKSMITHING-,' CARRIAGE PAINTING- & REPAIRING PROMPTLY EXECUTED. Prices Guaranteed to be the Lowest OTTERSTEDT HERSHEY & CO., Locust Street, North Platte, - - Nebraska. rV A and reliable Medicines are thebest V7 w to depend npon. Acker's Blood El ixir lias been prescribed for yearn f or all im- puritiesoftheClood. InevcryformofScrof- nion Byphllitic or Mercurial diseases, it is umuuabie. or Klieumatism, U&3 no eqoaL For, sale by J. Q. Thacker. WATCHES, CLOCKS, JEWELET AID SILVERWARE. Fine watch work and engraving a specialty. f PIANOS AND ORGANS. Cigars and Tobaccos. Firearms and Ammuntion i McEVOY, THE JEWELER, (Licensed Jeweler for the U. P. Ry. HARNESS AND SADDLERY o- AT GREATLY REDUCED BATES POWDER Absolutely Pure. This Dowder never Tarie. atrenjrth and wholesocneneM. A marrel of parity. Mora nconomic&l lima, the ordinarr kinds, and cannot be Mid in coHi petition with the mnltitade of low tet, short it alnm or Dhoaohate powders. Bold only ia'cana. Botai. Bakixo Pownsa Co., 10S WaU Htra. New York. AT c. c. HAWKINS & BROS'., 1 i . (Successors to .Hawlcihs & Pearse.) AND ALL WINTER GOODS At Ten Per Cent Discount FOR THE NEXT THIRTY DAYS. Front Street, Opposite U. P. Depot, 1 . - 1 ?