Frontier.
VOLUME XXIV.
O’NEILL. NEBRASKA. THURSDAY. OCTOBER 1, 1905.
NUMBER 14.
H
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Double Role of Land Grabber Dist. Judge
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Judge Harrington Manipulates Tax Foreclosures to His Own Financial Interest*—Poor Women and Helpless Girls His
Victims*—Public Records Tell the Tale*
READERS of The Frontier are somewhat familiar with the
warfare we have waged in exposing official corruption that
has been associated with the tax foreclosure system that
has been conducted in this county. If the tax foreclosures had
R been conducted in this county as they have in other counties in
the district, with the sole view of enforcing the collection of taxes,
The Frontier would be the last to complain.
As we have shown on previous occasions, the tax foreclosure
| business in this county has been perverted into a gigantic scheme
to grab land and extort fabulous printer’s fees ou non resident
notices, which notices alone amount to over $14,000 in a space of a
I little over two years, and the Independent, of which E. S. Eves
and M. F. Harrington are the principal stockholders, has received
most of the swag.
By far the largest source of revenue to the members of the land
syndicate is the means the tax foreclosures has afforded them in
getting title to so much land at very little expense by railroading
the foreclosures through post haste before non-resident land own
ers, in many cases, were aware that any action was pending against
their land.
Not the least among the manipulators of the graft in this county
is Judge J. J. Harrington of the district court. For the purpose
of showing his connection, to some extent, with the extensive oper
ations, a few cases in point are here referred to:
Case No. 5501 of Holt county vs. C. F. Bliven for the west half
southeast quarter and south east quarter southeast quarter section
thirteen, township thirty-three, range fourteen, 120 acres. This
case was commenced by the county attorney August 17, 1899, for
delinquent taxes amounting to $61.85. On April 23, 1900, Sheriff
Stewart sold the land to Judge J. J. Harrington for the munificent
sum of one dollar—Judge Harrington personally bidding the land
I in—in the name of M. H. McCarthy, of the real esaate firm of
McCarthy & Harrington, tl%e sheriff’s deed made to M. H. Mo
Carthy, a record of which can be found in deed record 60, at page
528 of the records of this county. On April 24, 1900, the day
after Judge Harrington bid the land in for one dollar, he, as Judge
of the District Court, confirmed the sale of this land that was bid
in oy nimse/J the day previous. A record of this confirmation can
be found in district court journal No. 19, at page 39. On May 5,
1902, the land was deeded to Jennie Mullen, an aunt of County
Attorney Mullen, and the title now stands in her name, a record of
which can be found in deed record 60, at page 527. By this trans
action they got 120 acres of land clear for one dollar and the county
lost its taxes amounting to $61.85. (The taxes have not been
formerly cancelled on the treasurer’s books but all that is necessrry
to cancel them is to get the certificate from the clerk of the district
court showing the deficiency judgment in the tax foreclosure.) In
addition to this loss of the taxes, the county was made to pay the
costs in the case amounting to $48.71, and Judge itarrington has
not seen fit to reimburse the county even to the extent of the costs,
notwithstanding more than three years have elapsed since he pur
chased the land. The actual loss to the county in this transaction
is $110.5b, and Judge Harrington, or the syndicate, got 120 acres
of clear land for one dollar.
Can any tax payer of this county figure out where this transact
ion has been to the interest to the county? Yet Judge Harrington
has the brazen effrontery to sit upon the district bench and confirm
this sale made to himself the day previous.
The records of the county clerk’s office show that since March,
1899, Judge Harrington has sold $63,825 worth of Holt county
real estate, say nothing of the several hundred acres he still owns
that he has not yet disposed of. This is referred to simply to show
something of the extent of his real estate operations since he has
been on the bench.
After there had been filed over 500 tax foreclosures in which the
oounty was made plaintiff and so much of the land being sold,
similiar to the case above referred to, to members of the O’Neill
land syndicate at prices that would not pay the costs and taxes
charged against the land, and the county would thereby lose the
taxes and in many cases the costs, it then became evident to the
board of supervisors of this county that the system of tax foreclos
ures was being used by the land pirates, in league with certain
officials, for the purpose of extorting exhorbitant printer’s fees,
cnargmg as mgn as $/o for a non-resident notice, and robbing
helpless people of their land. Then it was that the board of super
visors, by resolution, put a stop to the system of county tax fore
closures. Ibis order of the board had the effect of saving the
county from further loss of taxes and payment of costs, but it did
not put a stop to the gang taking the property of people without
their knowledge or consent. Then it was that the machinery of a
subservient judiciary was brought into play for the purpose af sand
bagging people and taking their property from them under the
guise of legal proceedings. It was then that Judge and Mike Har
rington conceived the idea that an individual could buy a tax sale
certificate against a piece of property from the county treasurer
today and commence foreclosure proceedings on that certificate
the very next day, without giving the owner of the property any
opportunity to redeem, nothwithstanding the statute and consti
tution of the state gives property owners two years in which to
redeem their property from tax sale. The first of this class of
private tax foreclosures that was filed in this county was filed
in the name of John C. Morrow, a brother-in-law of Judge and
Mike Harrington, and he was then the office man for the Har
ringtons and working by the month for them. It is case No.
0303, John C. Morrow vs. Mrs. S. H. Porter. On December 21,
1900, the land was purchased at tax sale from the county treasurer
for the delinquent taxes of 1899,amounting to $13.20, and on Jan
uary 9, 1901, just eighteen days after the date of the tax sale cer
tificate, foreclosure proceedings were commenced on the tax sale
certificate.
To show how the graft has been operated to the personal advant
age and financial interest of Judge J. J. Harrington we refer to but
two of many similiar cases that furnish a striking illustration of
how Judge Harrington has been able to accumulate a fortune while
on the bench. In these cases Judge Harrington’s name does not
usually appear in the proceedings until the sales are confirmed and
then the land deeded to him. The suits are usually conducted in
the name of Morrow—the brother in law—or E. S. Eves, the editor
of the Independent, or M. H. McCarthy, of the real estate firm of
McCarthy & Harrington, or some other member of the land syndi
cate. In the two cases we here refer to the proceedings were con
ducted in the name of E. S. Eves.
Case No. 0375, Eves vs. Minnie Hinkle who owned the north half
of north half of 15-30-9—100 acres. On February 26, 1901, a tax
sale certificate was secured in the name of E. S. Eves for the delin
quent taxes of 1899, amounting to $12.08. On March 7; 1901
nine days after date of tax sale certificate—M. F. Harrington filed
a petition to foreclose the tax sale certificate in the name of Eves.
Oo July 0, 1901, a decree was entered by Judge Harrington for
$13.12. Order of sale issued on August 12, 1901, and land ap
pra sed on September 2, at $100 by populist Sheriff John Stewart,
his deputy and J. S. Harrington, brother of Judge' Harrington.
Land was sold by the sheriff on October 7, 1901, in name of E.
S. Eves for $100.10.
i^ase JNo. OdbZ of li<ves vs. Martha W. Ivmney who owned south
east quarter of 32, 30, 9—-100 acres. Oq February 18, 1901,
a tax sale certificate was secured in name of E. ,8. Eves for de
linquent taxes amounting to $17.60. The very next day— Feb
ruary 19, 1901—M. F. Harrington filed a petition to foreclose
the tax sale certificate. Decree was entered by Judge Harring
ton for $18 25 on July 6, 1901. Land appraised by Sheriff Stew
art, his deputy, and J. S. Harrington on September 2, 1901, for
$100. Land sold by the sheriff on October 7, 1901, for $100 in
name of E. S. Eves. The day following the sale of both of these
tracts, October 8, 1901, Judge Harrington called a special term of
court for the sole purpose of confirming these sales, together with
two or three other confirmations of a similiar nature, which consti
tuted the work of the special term. Sheriff deeds were issued for
both of these tracts on November 8, 1901, and can be found in deed
records 00 and 61 at pages 370 and 355 respectively. Soon after
the sale of the land by the sheriff to Eves, he deeds the land to
Judge Harrington and the consideration named in the deed is
$2,000, and includes other land, a record of which can be found in
deed record 03, at page 89. This is a part of the land Judge Har
rington sold to Mr. Tigh about a year ago for $45,000, or $15 per
acre. The announcement of this sale was made by Eves through
the columns of the Holt County Independent on October 10, 1902,
in the following manner:
One of the largest land transfers made in Holt county this season was con
sumated last week when Judge Harrington sold his fine ranch sixteen miles
north of O Neill, consisting of 3,200 aeres of choice hay, farming and grazing
land to a party in eastern Nebraska, consideration $45,000. * * * Had
this ranch been improved with a few new buildings and fences it would readily
have brought at least a third more, and the buyer in getting it in its natural
state has cercainly bought a bargain.
Several other quarters in this ranch are tracts on which tax fore
closures had been commenced and the land then deeded to Judge
Harrington. A record of the sale of this land by Judge Harring
ton to Mr. Tigh can be found in deed record 07, at page 501.
ine iacis m connection with the tax foreclosure sale of the two
tracts of land above referred to presents this spectacle:
The land was owned by two women of New York state, Martha
VV. Kinney and Minnie Hinkle; one a widow, the other a single
woman, both of rather indigent circumstances who had their sav
ings invested in these lands. They by oversight neglected to pay
the taxes on their land for 1899. Judge Harrington owned land
adjoining and desired to aid these two quarters to his holdings ut
a nominal expense. The machinery of his office is here brought
into play. A tax sale certificate is secured against the land on Febru
ary 18, 1901, and the very next day M. F. Harrington, as attorney,
commences foreclosure proceedings which are railroaded through
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This Article is Concluded on Pa.ge Eight
with all possible speed by special sessions of ihe court in which the
decrees are entered and sales confirmed by Judge Harrington, the 1
man who is after the land. The law provides that before land can §
be sold by the sheriff it must be appraised and CBnnot be sold for s
less than two thirds of the appraised value. Section 6079 of the
1897 compiled statutes df Nebraska, provides: I
\Y henever, hereafter, execution shall be levied on any lands and *
tenements, the officer levying the same shall call an inquest of two
disinterested freeholders and such officer together with said free
holders, shall appraise at its real value in money, and such ap
praisement shall be signed by such officer and said freeholders,
respectively.”
Precaution was taken to see that the land was not appraised too i'
high. Another member of the family in the person of J. S. Har
rington was called in to look after this part of the proceeding. He
was selected by Sheriff Stewart as one of the “disinterested” free
holders to appraise the land his brother Judge Harrington was
getting. The sheriff, his deputy and J. S. Harrington appraised
both of these pieces of land on September 2, 1901, at one dollar s
per acre. On the land owned by Minnie Hinkle, 15, 30, 9, there
was was loned $1,500 in July, 1889, and which was foreclosed and
sold at sheriff’s sale on May 22, 1896, for $2,425, a record of which
can be found in deed record 45 at page 328. Both of these
are good pieces of laud and the loan and previous sale by the §
sheriff are referred to, to show something of the actual value of the S
land and how supremely ridiculous was the appraisement of the
land at one dollar per acre and the sale of the land by the sheriff
at sixty-two cents per acre, which Judge Harrington can turn
around and sell within one year at $15 per acre. Of oourse all ■ ■
these proceedings were conduoted unbeknown to these poor women.
Ihey were non-residents of the state and knew nothing of the
proceedings against their land; did not even know that the taxes
on their land were delinquent. Their first information was
that they had lost their land by foreclosure and sheriff’s sale and
that the land was now owned by Judge Harrington. Any one at
all familiar with the laws and rulings of the supreme court of this
state would know that the title held by Judge Harrington was
absolutely void and would be set aside if taken to the supreme
court. No one knew this better than Judge Harrington, but with
his title based on this bogus foreclosure he was in position to say,
“I own this land,” and he then dictated terms on which he would
give a nominal sum for a quit claim deed to the land from the
legal owners. This he did after considerable negotiations, and the
poor women were made to understand that in order to recover title
to their land they would have to hire counsel and caary their cases
to the supreme court. They realized, as any intelligent persons
would, the disadvantage tney were at, lawing at a great distance
and especially with a judge of the district court, and rather than *
be at such expense and trouble they were advised to and did ;
accept from Judge Harrington a nominal sum for a xuit olaim deed
to their land. Martha W. Kinney was, on October 30, 1902, given
$75 for a deed to the southeast quarter of 32, 30, 9, a record of
which can be found in deed record 66, at page 355, and on Ootober '
31,1902, Judge Harrriugton gave Minnie Hinkle $50 for a quit Si
claim deed to the north half of the north half of 15, 30, 9, a record *
of which can be found in deed record 66, at page 438.
The law provides that in foreclosures, owners of the land may
redeem from decree or judgment and sale any time orior to the
confirmation of the sale by the court. It is very evident that
Judge Harrington did not want to take any chances of any one
coming in and redeeming from these sheriff sales, for on the very i
next day, as it has heretofore been shown, he called a special term f
of court to confirm these’sales, thereby shutting out any redemp
tion of the land.
Section 37, Chapter 19, at page 683 of the compiled statutes of 1
Nebraska, it is provided:
* A judge or justice is disqualified from acting as such, in any
case wherein he is a party or interested, or where he is related to
either party by consanguinity or affinity within the fourth degree.”
Notwithstanding this plain provision of the statute, Judge Har
rington has with impunity, not only entered decrees, confirmed
sales and made all kinds of court orders in cases in which bis
brothers and other relatives are intersted but in which he is per
scnaly interested, as has heretofore been shown.
The facts are as the record plainly show that the whole tax fore
closure system as it has been conducted in this county has been in
collusion and in the interest of the land syndicate of O’Neill and
has been permeated with fraud and corruption from start to finish.
The cases here referred to are by no means all of the cases of a
similar nature in which Judge Harrington had a personal interest.
A similar reference to all of the cases in which he had a personal
interest would require too much space. We have referred to the
above cases somewhat minutely and in detail, giving the book and
page where the record can be found and if any voter in this county
doubts any statement we have made as to what the records show>