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About The frontier. (O'Neill City, Holt County, Neb.) 1880-1965 | View Entire Issue (Feb. 15, 1906)
/ The Frontier. VOLUME XXVI. O’NEILL. NEBRASKA, THURSDAY, FEBRUARY 15, 1906 ” NUMBER 34. Main Contention of Plaintiff Upheld In Case ot Cronin vs. Cronin. DESIGNATION BY THE BOARD GOOD Some Caustic Comment by Commis sioners on the Conduct of Former Treasurer Cronin. The decision of the supreme court sustains the main contention of the plaintiff—or appellant, as the plaintiff is known in the higher court—in the case of Dennis H. Cronin vs. Daniel J. Cronin, formerly treasurer of Holt county. The case grew out of the failure of the county treasurer last July to comply with the instructions of the county board in designating The Frontier as the newspaper in which to publish the notices of tax sale foreclosures under the Scavenger law. The county treasurer gave the notices to the Independent instead of The Frontier, as designated by the county board, and suit was begun to determine the question of whether or not the board had designated a cer tain newspaper and also to mandamus the county treasurer to supply The Frontier with the copy for the notice. No hope was entertained that the mandamus would be allowed as the time had lapsed for the publication of the notices and the work was already done. However, we fell pretty good over the ruling of the surpreme court on the main point at issue. The commissisners’ opinion, written by Duffy and concurred in by Jackson, is of special interest in this connec tion and we make some extracts therefrom: 1 Sec. 7, Art. 9, Ch. 77, complied statutes, provides for the publication of notice of the filing of a petition in the district court, under what is known as the “Scavenger act,” and that “the cbunty commissioners shall designate the newspaper in which said notice, and in which all notices of tax sales made by the county treasurer” under said act, “shall be published; provided, the county treasurer shall designate such news paper when the county commissioners failed to do so.” Among other pro ceedings of the courty board, its record shows the following: “On motion the printing of the Scavenger delinquent tax list was awarded to the O’Neill Frontier.” Held: That such record is suffcient to show a designation by the county board of a newspaper to publish the notice required by said section. 2 The writ of mandamus is proper ly denied where it would be unavail ing if allowed. It will be noted that the supreme court holds the contention of The Frontier andiits attorney, Mr. Dickson, that the designation of the county board was legal and that Treasurer Cronin should have furnished The Frontier the copy for the Scavanger delinquent tax lis. While the decesion of the district court denying the writ of mandamus was upheld, the action of the county treasurer in placing himself in a posi tion that would make it impossible for him to obey a writ had one been issued is censured. The opinion is quite lengthy but the following paragraphs cover the points in the case thoroughly: That the county board did not em ploy the most apt and accurate language to designate a newspaper to maae the publication will be con ceded, and if the record on the mo tion stood alone and unaided by other points of the reeord it would leave room to doubt as to what the county board had in mind. But at the pre ceding sitting the board had adopted a formal resolution to proceed under the so-called Scavenger act to enforce the collection of delinquent taxes. By the use of the term “Scavenger” in the motion in question the board clearly oonveyed the thought that it was taking a step in pursuance of its resolution to proceed under that act. The first step required of the board by that act, after the adoption of such resolution, was to designate a news paper to publish the notice required by Sec. 7. With the duty of making such designation resting upon it and ripe for performance, the board “awarded the printing of the Scav enger delinquent tax list” to a certain newspaper. It is true the statute uses the word “designate” instead of "award”and that the two words are not synomymous. But designate, as used in Sec. 7, means to point out or select, and when the board “awarded” the printing of the list to a certain paper IT CLEARLY POINTED OUT OR SELECTED SUCH PAPER TO DO THE WORK. So long as it did that, whether it used one word or another is immateiial in the eyes of the law. ****** The main object of the statute in requiring the designation of a paper is to advise the public where to look for notices like that in question. And we are satisfied that any person REALLY SEEKING INFORMA TION on that point, from the records of the county, WOULD NOT BE LEFT IN DOUBT NOR LED ASTRAY BY THE RECORD OF THE ACTION OF THE COUNTY BOARD IN THIS CASE. ****** We are satisfied, however, that the court was justified in denying the writ, because it appears to be conceded that it would have been unavailing had it issued, the time being too short after the decision of the district court to take the steps and make the prepara tion necessary to enable the appellant to published the list within the time required by law. This condition of affairs was due largely to the fact that the appellee, by giving the notice and list to the other paper, which had sent it out of the state to be printed, had placed himself in a position where it would have been impossible to obey the writ promptly had it issued. That being true, the appellants right to publish the list, at the time of the decision in the district court, was a mere abstract right, unattended by any possible benefit to him, and it is well understood that such a right will not be enforced by mandamns, what ever may be done in some other form of action. Gormly v. Day, 114 111., 185; State v. Westport, 135 Mo., 120; People v. Fitzgerald, 59 Hun. N. Y., 625. But the situation was different when this suit was begun. At that time, had the appellee moved prompt ly to the discharge of his duty the ap pellant could have made the publica tion. But the appellee chos<? rather to persist in his default, until however the court should decide, the appellant could not publish the list or notice. We are unable to view the conduct of the appellee in any other light than as a wanton disregard of duty and a RECKLESS AT TEMPT TO THWART THE PUR POSE OF THE GOVERNING BODY OF THE COUNTY. We are of the opinion.therefore, that while the writ was properly denied, under the circumstances, the costs of the proceeding should have been tax ed to the appellee. It will be noted that the opinion says had the treasurer moved prompt ly in the discharge of his duty, that The Frontier could had made the publication, and the decision further says: “We are unable to view the conduct of the appellee”—Treasurer Cronin—“in any other light than as a wanton disregard of duty and a reck less attempt to thwart the purpose of the governing body of the county.” The only question raised by Mr. Dickson, attorney for The Frontier, and argued by him in his brief before the supreme court was: Did the county board legally designate The Frontier as the newspaper in which the county treasurer should publish the notice. Mr. Dickson contended that the designation was a legal one, while Treasurer Cronin and his at torney, Mr. Mullen, contended that there was no paper designated by the county board and then he—the treas urer—named the Independent as the paper in which the notice should be published. Now that the supreme court has settled that point, Mr. Dickson, for The Frontier, will institute suit against ex-Treasurer Cronin and his bondsmen for the amount of the profits of the two legal notices, about $3,500. ^ Notice. Taken up—On Dec. 20, 1905, one steer, about 3 years old. Owner can have same by proving property and paying expenses. P. S. Hughes, two miles west of O’Neill, Neb. 34-5 Don’t Miss It—Wnat? Why the concert at the opera house on Washington’s birthday. * ~ ^ M. DOWLING, President JAS. F. O’DONNELL, Cashier SURPLUS * $55,000.00 I O’NEILL NAT’L BANK 5 Per Cent Paid on Time Certificates of Deposit This Bank carries no indebtedness of Officers or Stockholders wmmm* LOCAL MATTERS. Best kerosine for sale at Golden & Hodkln’s. Rocking chairs given away at Hor risky’s store. For farm loans see Lyman Water man, O’Neill. 45-tf Remnant Sale Saturday February 17, at P. J. McManus’. Get your bale ties at Golden & Hodgkin’s $1.20 per bbl. W. J. O’Connor has sp«nt several days this week at Laurel. Conrad Boemhe of Atkinson had business in town Monday. Don’t fail to attend the remnant sale, Saturday at McManus’. E. R. and Mrs. Adams departed Saturday for a visit at Dixon, 111. Mrs. O. J. Malone returned yester day from a week’s visit at Inman. Bargains of the season at the rem nant sale at McManus’, Saturday. Remember that Golden & Hodgkin still keep the best line of furniture. Go to Barnett’s for a good meal and or lunch. Lodgers furnished rooms. 34-4 Golden & Hodgkin are going to give away a gold watch. Ask them about it. Call at Horriskey’s grocery store and see the nice rocking chairs he is giving away. Miss Pearl Simmons went to Omaha Saturday last to be gone for several weeks. Before you begin your spring fencing see Golden & Hodgkin for prices on barbed wire. Lodging, meals, short orders, lunches, fruits and candies.—Fred C. Barnett. 34-4 Dr. Flynn reports a daughter at the home of Mr. and Mrs. W. M. Lockard, born Tuesday. W. R. Butler went west Monday on a business trip to Rock, Brown and Cherry counties. C. B. Scott went to Butte Wednes day on matters pertaining to his duties as court reporter. Frank Mann, Mike Ryan, Mike Sullivan and Pat O’Donnell were down from Atkinson Sunday. Hay McClure came up on the “stub” Monday from Ewing, returning to his ranch by the same route Tuesday. If you are a music lover—Don’t fail to hear the concert at the opera house on Thursday evening, February 22. Wanted within next 20 days, old iron at Ryan Bros, scales,will pay $2.50 to $3.00 per ton. J. M. Champ. 33-2pd Dr. Gilligan reports a girl at the home of Mr. and Mrs. Herman Oeber north of town, born Saturday last. Fred C. Barnett has bought the Cress resturant. Meals served at all hours and lodgers furnished comfort able rooms. 34-4 If you want to get your money’s worth of good music, attend the con cert at the opera house on Thursday night, February 22. TheNeligh Register says a marriage lisence was issued February 1 to Wil liam Bruder of this county and Anna Fehige of Antelope county. Wanted—Bright, honest, young man from O’Neill to prepare for paying position in Government Mail Service. Box One, Cedar Rapids, la. 27-8 Rev. G. F. Mead will deliver his lec ture on the “Chinese” at Eden Valley, Friday evening, March 2. Lecture to commence at8 o’clock. Admission 25c. For Rent.—The Carlon farm adjoin ing O’Neill, Neb., runting water good pasture and meadow, etc. Write Thomas Carlon, Court House, Denver, Colo. Strayed—6 head of steers, branded on left side with 0—, holes in each ear; strayed from pasture 12 miles southwest of O’Neill. Address C. E. Keever, O’Neill. 29-tf Service at Episcopal Chapel Friday evening, February 16, at 7:30. Service morning and evening, Sunday, the 18. Sunday school after morning service. Everybody invited. John O’Malley, who has been in charge of the Nye & Schneider eleva tor at Monowi, Boyd county, arrived home last night and will take Mr. Kemper’s place here as manager of the same firm’s business. For Sale—Three registered Duroc Jersey male pigs. Prices, to close out, $10 each. These pigs are from the best herd of Durocs in the state, out of 500 pound sows. J. L. Shanner, Route, 1, Page, Neb. 33-4. Dave Stannard of O’Neill represent ed the Holt County Agricultural so ciety at a meeting of the North Ne braska Racing Circuit held at Norfolk last week. The society here was ad mitted into the circuit as was also Norfolk. O’Neill was accorded a de sirable place in the list of dates for race meetings, the races here taking place the first week in September. Mrs. Coykendall met with an acci dent Saturday last that leaves her a permanently stiff wrist. She fell in the cellar at her home and injured one of her wrists in such a manner as to entail the above result. According to the Norfolk News, R. A. Haskins has made arrangements to start a newspaper at Stuart, to be known as the Advo cate, the first issue to be out next week. Haskins is a Stuart boy but has been in Boyd county a few years. Valentine Republican: The Rev. J. M. Caldwell, D. D., who has been con ducting evangelistic meetings at the Presbyterian church, is obliged to give up the work here, having been called to Chicago on important personal business. The Rev. Samuel Light will preach in the Presbyterian church on Sunday evening. After the usual service there will be a congregational meet ing to provide for the work of the coming year. All persons interested in the welfare of the church are earn estly asked to attend. Miss Sadie Skirving went to Lincoln Saturday last to complete her steno graphical education. Miss Sadie re cently made proof on her Rosebud claim and now has title to quarter section of valuable land in that coun try. She expects to be in Lincoln a month or six weeks. Spencer Advocate: Rich London and his sister Mary, accompanied by Miss Mollie O’Malley and Miss Anna Morrow, drove to O’Neill last Friday afternoon. On account of school duties Miss Morrow returned Sunday by train. The others remained until Tuesday. They reported a good time. Clifford W. Lee of Plainview and Lucy E. Shober of Ewing were grant ed license to wed on Tuesday. Ross F. Haines of Atkinson and Dora Pet erson of Neligh were granted license and married by the county judge on Saturday. Ogden C. Wood and Ida M. Shull of Ewing were granted li cense on Friday. In the divorce suit of Nellie L. Whitney, In which the plaintiff was granted a divorce and $6,500 alimony by the district court of this county about six months ago, the surpreme court admits the defendant, George L. Whitney to su persedeas bond, execution of judg ment for payment of alimony stayed until further order of the court, the bond being fixed at $2,500. The Birmingham and Woodruff boys got into an altercation at the hand ball ally a few days ago over a game of handball, and a “row” ensued in which the Woodruff boy is said to have stabbed the other boy in the leg with a pocket knife. The boys, fol lowing the example of older ones, were staking niokles on the game and this lead to a dispute, the dispute to call ing each other names and then the usual result among boys. The Birm ingham boy went home and showed his wound to his mother, who sum moned a doctor. The doctor dressed the wound, a gash about an inch long, with anteseptic and nothing serious resulted. The surpreme court holds, in an opinion recently given, that the incor poration of the village of Inman, in this county, is illegal and remands the case to the district court of Holt coun ty to enter judgment accordingly. The case was started by I). L. Pond of Inman through E. H. Benedict of this city and Attoney Wolfenberger of Lincoln. It was tried in the district here about a year ago, the plaintiff claiming that the incorporators of the village of Inman went outside of the town at the time of incorporation to get the required count of 200 people. The district court sustained the incor porators and has now been reversed by the surpreme court. Some of our fair society maids are mad. A story of an alleged graft has caused the red hairs to turn pink and the pretty features of the fair misses to blush with anger and revenge. They have been busy explaining for a whole week how it happened, while no op portunity has been lost by the “wise ones” to keep the wounds a-bleeding. The girls say—those whom it has been intimated were involved in a graft —that there was no graft in it and not one of them were benefited by the appropriation of a penny. They say it took all the funds raised to pay for the suppers except a small amount which was expended for groceries for an old lady in need. This explanation does not explain, however, say the girls who put up their dollar for two suppers that cost only seventy cents. They say if the promoters intended to give a benefit entertainment they should so have stated and not collect ed a dollar from each of them and then furnished thirty-five cent suppers. They say they have no objection to contributing to charity where it is needed but don’t like being worked into it by misrepresentation. A Musical Entertainment. The members of the Presbyterian choir, assisted by some of the best musical talent in O’Neill, will give a musical entertainment at the opera house on Thursday evening, February 22, for the benefit of the Presbyterian church. The price of admission will be 50 cents. An outline of the pro gram follows: PART i. 1. Selection for two pianos, Mrs. Dr. Wilson, Miss Evans, Mrs. Scott and Miss Ilagerty. 2. Vocal solo.Mrs. Stout 3. Male quartette, Messrs. Grosven or, Smith, Scott and Smith 4. Violin solo.Will Lavlolette 5. Vocal solo.Rose O’Fallon 6. Piano duet, Miss Bessie and Mabel Snyder 7. Vocal solo.David Grosvenor 8. Chorus, ‘Song of the Vinklngs,’ by ten people taut n. 1. Selection for two pianos, Mrs. Dr. Wilson, Miss Evans, Mrs. Scott and Miss Ilagerty 2. Vocal solo.John Sullivan 3. Cornet solo.Leslie Smith 4. Vocal duet, Miss Evans and Mr. Grosvenor 5. Plano solo.Miss Ilagerty 6. Male Quartette,Messrs. Grosvenor, Smith, Scott and Smith. 7. Vocal solo.Ruth Evans 8. Chorus, ‘GoodiNlght’,by ten people Mrs. Dr. Wilson, accompanist. Between parts one and two of the program Miss Mina Eves will recite, “When Graudma Went to the Mas querade,” assisted by Mrs. Scott at the piano. r • Buna Your Own Churches. This item, credited to the Home Trade Advocate, is being widely circulated: In a Nebraska town a few months ago they commenced the building of a new church for the Methodist denomi nation. A member of the soliciting committee, who happened to be a pat ron of a Chicago mail-order house, called upon one of the leading merch ants, for a subscription. The merch ant, without hesitation, placed his name on the list for $5, and then un hesitatingly informed the committee man that to the extent of his fortune he would pay dollar for dollar with a large Chicago catalogue house for the proposed building. As the commit teeman had paid several hundred dol lars to the Chicago concern he decided that he would write to the manager for a donation. In a letter he explain ed that the concern had numerous customers who were members of the church, and that it would materially benefit the house if a liberal donation was made. Within a week a reply was received in the form of a polite letter, but one which absolutely re fused to subscribe a cent for the cause in question, saying that it was entire ly against the rules of the concern to so donate funds As soon as the peo ple in general discover that there is nothing like philanthropy about the mail-order business, that the manag ers of the concerns are not “Johnnies on-the-spot” when it comes down to charitable work, the better it will be. Colonist Low One-Way Second Class Rates To San Francisco, Los Angeles, Portland, Tacoma, Seattle, Boise City, Spokane, Walla, Ogden, Salt Lake City, Butte and other points in Mon tana, Colorado, Utah, Nevada, and the Pacific CoaSt, Via the Chicago, Union Pacific & North-Western Line, February 15th to April 7, 1906, inclu sive. Attractive side trips at very low rates. Daily and personally con ducted excursions in Pullman Tourist sleeping cars, only $7.00 for double berth from Chicago (accomodating two people,) through to the Pacific Coast without change of cars. Choice of routes. Excellent train service. Dining cars, (meals a la carte). For tickets and full information apply to agents Chicago & North-Western R’y. The Best Physic. When you want a physic that is mild and gentle, easy to take and cer tain to act, always use Chamberlain’s Stomach and Liver Tablets. For sale by P. C. Corrigan’s. Renew for The Frontier. BOARD RESUMES SCHOOL Fued Between Teachers Taken in Hand by That Body. THE HODGE ESTATE CASE AGAIN Couit Refuses to Remove Administra trix.—Admonishes Litigants That Estate Must be Closed Up, The difficulty between two teach ers at the public schools was taken up by the school board at a meeting held for that purpose on Saturday evening. After a careful investigation of the matter the board decided to resume school in the two departments that had been temporarily dismissed and reinstate the two teachers, Miss Hurly and Miss Kay, for another trial during a period of two weeks, at the end of which if the difficulty again arises other teachers will be supplied the de partments. Both are considered good teachers and aside from their personal quarrel disrupting the schools have given good satisfaction and will be re tained if things go satisfactorily in the future. The board are determined, however, not to allow the school to suffer from a personal fued. The board has also added another teacher to the school, that of assistant prin cipal, which was discontinued at the beginning of the present school year. Until the board is able to secure a teacher, Mrs. G. W. Smith has con sented to take charge of the classes. Hodge Estate Case. The John Hodge estate oase, that has several times before been in conn ty court on one pretext or another, again took the attention of the court on Monday, the contest growing so warm and exciting that it continued up until near midnight. This time the daughter of Mrs. Hodge, who is the legally appointed administra trix of her husband’s estate, filed a petition for the removal of her moth er as administratrix, alleging mis management of the estate, insufficient bond and also that she refused to pay over to the heirs $235 belonging to tliem. The admistratrix’ daughter’s name who brought the suit is Mrs S. A. Honeywell. She, and her husband who has also interested himself in the estate, was represent by A. F. Mullen, Mrs. Hodge being represented by E. H. Whelan. The court found for the defendant, refusing to remove the ad ministratrix. Judge Malone also ad monished the litigants that the estate affairs must be settled up and that be wanted to see no more litigation over the same in his court. The original value of the estate was something like $20,000, in real estate and personal pro perty. The real estate is yet intact, except one quarter section of land that has been sold, but by a long pro cess of litigation the personal proper ty has disappeared. For Sale. Owing to my leaving the city, I offer my Real Estate, Loan and Insurance business for sale. Or, would exchange it for Holt county land. The office has sold and exchanged over 20,000 acres of land since I came here one year ago and have loaned over $100,000 in money. I am sole ageot for good tire insurance companies and have a splendid business. Am compelled to move to Newport to look after the in terests of the Midland Central R. R. Co. For particulars Inquire at the office, O’Neill. Lyman Waterman 34-1 The Frontier is pained to learn this morning of the death last night of Mrs. Frankie E. Cain, wife of Nels E. Cain, who died very suddenly and un expectedly. The deceased was a few months passed thirty-nine years of age. She was a daughter of Mr. and Mrs. E. H. Thompson, who were among the earliest settlers along the Elk horn river just east of O’Neill. The funeral will be held in this city to morrow. " * Percheron Horses Having shipped in two car loads of registered Percheron Stallions and Mares, I am prepared to supply any one wanting such stock at bedrock prices. My horses are all native bred \ and acclimated, combining weight, style and quality. No cull or trading ! stock. D. J. CRONIN, OfNelll, Neb.