*
The Frontier.
VOLUMF XXVlI O’NEILL. NEBRASKA, THURSDAY, FEBRUARY 14, 1907 ” NUMBER 34.
CHITTICK FILES ANSWER
Former Treasurer Ready With Strong
Defense In Injunction Suit.
IS LONG AND LUCID DOCUMENT
Some Inconsistencies Shown by the
Way Former Populist Treasurers
Handled Sinking Funds.
It. E. Chittick, late county treasurer,
has his answer prepared in the injunc
tion started in the name of the In
dependent publisher to enjoin him
from turning over more than $4,500 of
, registered warrants in which sinking
funds were invested. The answer was
prepared by Mr. Chittick’s attorney,
Mr. Dickson, and is a somewhat lucid
document bearing on the financial af
fairs of the county, and also goes into
the transactions of former county
treasurer’s in the matter of investing
sinking funds.
Although voluminous, The Frontier
believes it due the public to publish
the greater portion of Mr. Chittick’s
answer.
After citing the facts of Chittick’s
election to office, his resignation and
the appointment and qualification of
J. C. Ilarnish as his successor, the an
swer states that the sinking fund of
the county during 1906 amounted to
more than $7,000; that Chittick turned
over to his successor on January 8
$70,350.G8 and that included in said
sum was $13,530.65 taxes collected by
himself and predecessors to pay school
district bonds, and that included in
the $70,350.68 was $3,329.97 belonging
to the railroad bond fund of Grattan
township.
The answer says that on January 5,
Z907, the date of the commencement
of the injunction suit, the defendant
had $1,539.38 of the sinking fund in
vested and no more in legally issued
and duly registered warrants of Holt
county, that there was still a balance of
$2,500 of this sinking fund not invest
ed. Mr. Chittick's answer urges the
point that the investment of $4,539.38
was legal and not in excess of the 75
percent allowed by law.
Amount of Warrants Tnrned Over.
Continuing, we quote from the do
cument:
This defendant further answering
tile petition of plaintiff, alleges that
on tile 8th day of January, 1907, that
he paid over to his duly appointed and
qualified successor in office, James C.
Harnish, who is also his codefendant
herein, the sum of $70,350.68 in cash
and at the same time delivered to his
successor in office, James C. Ilarnish,
of said warrants purchased and held
S by him as herein before stated, the
sum of $1,198 53 and no more and that
lie still has and holds in his hands of
said warrants so purchased and held
by him in the manner before set forth,
warrants amounting to the sum of
$10.85 and no more and that the same
legally belong to the County of Holt
and are the property of Holt County,
Nebraska, and that it is the duty of
his successor in office, James C. Har
nish to receive the same as Treasurer
of Holt County, Nebraska, and this
defendant alleges that he would have
delivered the same to his successor in
office but for the order of this court
made on the 5th day of January, 1907,
restraining him from so doing and this
defendant alleges that the warrants so
turned over to the said James C. Har
nish as County Treasurer of Holt
County, Nebraska, together with the
warrants amounting to the sum of
$10.85 are the same and the only war
rants held by him when this action
was begun and the restraining order
served on him in this case.
bays Injunction Prevents Settlement.
The answer then states the amouut
of excess fees, docket fees and Elkhorn
Valley bank claim turned over to Mr.
Harnish and says if permitted to turn
over the$40.85 in warrants still held
by him.hecould make final settlement.
“This defendant alleges that he has
been prevented from making full, com
plete and final settlement as treasurer
by the intervention of this court,”
says the answer.
Enters a Challenge.
Beginning at the seventh paragraph
the document continues:
This defendant for further answer
to plaintiff’s petition specifically
denies that on the 5th day of January,
1907, or at any other time or times,
that he was about to convert any of
the warrants or funds of Holt County
held or invested by him for Holt Coun
ty as before stated into money or that
he was to or ever contemplated the
the disposition of conversion thereof
and this defendant specifically denies
that he ever in any manner converted
to his own use or benefit directly or in
directly any of the money or property
belonging to Holt County and denies
that he ever used for his own use or
benefit, directly or indirectly any of
the money of or belonging to Holt
County and this defendant challenges
the truth of all such allegations con
tained in plaintiff’s petition and
stands ready to prove that he had
faithfully and impartially performed
the duties as trersurer of Holt County
and that he has honestly, legally and
lawfully and in a legal and lawful man
ner accounted for and turned over to
his successor in office, all property and
money and interest that came into his
hands as treasurer of Holt county and
to that end, invites and demands that
/
this court, if it has the legal right and
power, at once and without delay make
a careful and thorough examination
of his entire acts and doings as treas
urer of Holt county, and that a decree
of this court be entered accordingly.
8th. This defendant further an
swering the petition of the plaintiff
alleges that plaintiff and all the other
resident electors and tax payers of
Holt County, Nebraska, have a full,
complete and adequate remedy at law
and that this plaintiff’s petition pre
sents to a court of equity, no grounds
for relief and that this court in the
exercise of its equity powers is with
out legal right or authority to investi
gate the matters and things complain
ed oi by plaintiff in his petition.
No Cause of Action.
9th. This defendant for further
answer alleges that the facts and
statements alleged and set forth in
plaintiff’s petition do not state or con
stitute a cause of action against this
answering defendant.
10. This defendant for further an
swer to the petition of the plaintiff al
leges and charges the facts to be that
the plaintiff cannot maintain this ac
tion because he has not the legal capa
city to sue and bring and maintain
the same.
11. This defendant for further an
swer to plaintiff’s petition alleges
that this court has no jurisdiction of
the subject matter of the action.
Duty of County Treasurer.
12. This defendant for further an
swer to plaintiff’s petition denies that
it was his duty to turn over in settle
ment of the money held by him belong
ing to Holt county only, the sum of
$1,500 in registered warrants and al
leges and charges that it was his duty
to turn over to his successor in office,
James C. Harnish in registered war
rants, the sum of $1,539.38 and states
that he was pervented from perform
ing his duty by the issuance of the re
straining order in this case and alleges
that an examinatio i of the books of
his office would have shown the plain
tiff that it was the duty of this de
fendant to have turned over all of said
warrants so held by him and in the
sum of $4539.38 to his successor in of
fice, James C. Harnish and that it was
the duty of his successor in office to
have received the same and that he
would have done so, had it not been
for the prohibitive order of this court
and this defendant alleges that he did
not have nor did he hold as county
treasurer or otherwise any other war
rant or warrants belonging to Holt
county other than those heretofore
mentioned and that these and all of
them he considers his legal duty to de
liver to his successor in office, James
C. Harnish.
Denies Any Illegal Act.
13. The defendant for further an
swer to plaintiff’s petition specifically
denies the allegations of the plaintiff’s
petition wherein it ischargedin words
and by insinuation that his adminis
tration, acts and doings as treasurer
of Holt Couniy, Nebraska, were un
lawful, fraudulent and criminal and
denies that he attempted to or did
hide, conseal or cover up the liuancial
condition of the county treasury of
Holt County and alleges that every
warrant in which he invested the
sinking funds hereinbefore mention
ed, was at the date of investment,
duly entered upon the proper books in
the treasurer’s office and that the
books of said office show each and
every transaction of this defendant as
county treasurer and that an examina
tion of the books kept by him and now
in the treasurer’s office will show the
exact financial condition of that office
at all the time of his adminstralion as
treasurer of Holt County, Nebraska,
and this defendant further alleges
that his codefendant, James C. Har
nish, by receiving from this defendant
said warrants amounting to $40.85 in
addition to those already delivered
amounting to $4498.55 would not hide,
conceal or cover up the financial condi
tion of the office of the county treasur
er and would not hide, conceal or cover
up the financial condition of Holt
County, Nebraska, and that by receiv
ing said warrantsamounting to $40.85,
that said James C. Harnish would not
commit any fraudulent or criminal act
whatever, but would be performing
his plain and legal duty as treasurer of
Holt County, Nebraska, and that the
holding of all of said warrants amount
ing to $4538.38 was not a fraudulent or
criminal act on the part of this defend
ant and that this defendant in the in
vestment of said warrants and the
holding of them was performing1 his
legal duty as treasurer of Holt Coun
ty, Nebraska.
Statement Shows True Condition.
14. This defendant for further an
swer to plaintiff’s petition alleges that
at the expiration of his said term of
office which was at the close of busi
ness on the 8th day of January, 1907,
that he balanced up the books of his
said office of county treasurer and that
thereafter he published in The Fron
tier, a newspaper of general circula
tion in Holt County, Nebraska, a
statement of his acts and doings as
treasurer of Holt County, Nebraska,
from the 4th day of January, 1906, up
to and including the 8th day of Jan
uary, 1907, and that said statement so
published in said newspaper is abso
lutely true and correct in all respects
except in this that in the balances as
shown by said report as published in
said newspaper there ,san error in the
matter of the Grattan township rail
road bond in this, that said published
report shows $2,728.36 in said fund
when in truth and in fact, there is in
said fund $2778.36; that said report as
published in said newspaper is true
and correct in all other respects; that
it shows all money received by this de
fendant as treasurer of Holt County,
Nebraska, and shows all money paid
out hy him as treasurer of Holt Coun
ty, Nebraska, and shows the balances
in the different funds of Holt County,
Nebraska, on the 8th day of January,
1907; that it also shows the amount
of money paid by this defendant to his
successor in office as well as the
(Continued on eight page)
LOCAL MATTERS.
R. N. Johnson of Inman was an
O’Neill visitor Wednesday.
R. R. Dickson, S. J. Weekes and
Dr. Gllligan went to Lincoln Tuesday.
John Horiskey has sold his dray line
to M. Ryan, who is now operating the
same.
Home grown alfalfa seed for sale by
W. Finch. Inquire at Gallagher’s
store.
For sale or rent a few choice im
proved farms close to town.—Jerry
McCarthy. 34-3
D. A. Doyle aDd John Carton went
to Inman Tuesday to attend the
Ryan sale.
Wedding announcements and in
vitations furnished in the latest style
at this office.
A daughter Is reported at the home
of William and Addie Dart, born
Thursday last.
Wanted—competent girl for general
house work. Good wages paid.—Mrs.
Ed F. Gallagher.
A hundred envelopes with your
name and address printed on them for
50c at The Frontier.
The W. C. T. U. will meet with
Mrs. Younkin next Wednesday after
noon, February 20.
E. E. Halstead, president of the
Fidelity bank, was over from Ponca
the first of the week.
James LaViolette, John Brennan
and Ed Alberts attended the dance in
Atkinson Monday night.
“No Harm can Befall the Christian”
is the Rev. T. W. Bowen’s subject for
next Sunday evening’s service.
Mrs. J. P. Gallagher entertained the
“Rubens” Saturday afternoon at
cards. A dainty lunch was served.
Lost—One red hog, weight 150, re
ward for information leading to re
covery. Willie O’Sullivan. 34-1
The 2nd, 3rd ,and 4th weeks of each
month except Fridays and Saturdays
are Dr. Corbett’s new dates for
O’Neill.
New five room house in northern
part of O’Neill, for sale.—Dorothy
Haley, at office of county attorney
afternoons. 32-tf
Two indications of spring noted
today: One woman had her carpets
and curtains on the line, and Dave
Grosvenor had his whiskers removed.
Mr. and Mrs. Wm. Dickson and lit
tle daughter, Lela, of Long Pine were
visiting here Friday with Mr. and
Mrs. Fred Clift, returning home Sat
urday.
Miss Eula Barton, who has been
employed the past year in the Inde
pendant office, left for Pilger, Neb.,
Sunday, where she will work on the
Pilger Herald.
The next meeting of the Apollo
club will be held at the home of Mrs.
W. T. Evans on Tuesday, February
19. The presence of each member is
desired at this meeting.
Estray.—Taken up, at my place four
miles northwest of O’Neill, one year
ling steer calf, owner can have same
by proving property and paying all
damages. ’ W. J. Gray. 33-3
Mrs. John Nolan was called to Bone
steel yesterday by the illness of her
sister, Mrs. Marlow, who formerly
lived in O’Neill. Her illness is con
sidered of a serious nature.
A farewell surprise party was given
at the home of Mr. and Mrs. F. C.
Gatz, in honor of Miss Eula Barton,
last Friday evening. Twenty-three
young people were present and all re
ported a good time.
Edison records are the best and so
near like the singer or band that one
thinks he his listening to the singer
or band ana not to a machine. For
proof call at Lockard’s jewelry store
and hear them. 34-tf
The new bakery just started up and
baking; call in for your wants. Bread,
pies, cakes and cookies, everything
wholesome and good to eat. Candies,
groceries and tobaccos in stock. Four
doors east Hotel Evans.—W. J. Salem.
Henry Martfeldt was down from
near Emmet Tuesday. Mr. M. says
there are evidences of flourishing con
ditions in his community. A new
public hall was dedicated at Emmet
on Monday evening with a dance that
proved a great success.
Timothy Hanley, the aged father of
T. D. Hanley of the drug firm of
Pixley & Hanley, died at his home 4
miles northeast of O’Neill last night.
Death was due to a general break
down occasioned by advanced age.
The funeral will be held tomorrow at
2 o’clock.
A. F. Conway of Page was an O’Neill
visitor Friday last. Mr. Conway ex
pects to move to Neligh soon and call
ed to pay his subscription, saying he
did not want to leave the county ow
ing the newspaper men. Newspaper
men would appreciate it if everyone
regarded their obligations in a similar
manner.
AGED MAN VICTIM OF ROBBERY
JOHN FRIED LOSES BAG
OF $20 GOLD PIECES
The sheriff was called up by tele
phone Tuesday evening from Emmet
to chase down a bandit, recover a
horse, saddle and bridle and $1305 in
money. The victim of so heavy a loss
is John Freid, an aged man living in
Emmet township upon a farm. Strong
circumstantial evidence points to Fred
Miller, a man of 23 to 25 years, as the
robber. Miller was the hired man on
the Fried place, which is occupied by
the old gentleman’s son, Bert Fried,
the old man making his home with
his son’s family, or rather they with
him, the farm belonging to the senior
Fried. Suspicion rests on Miller be
cause he has disappeared.
The old gentleman was in O’Neill
yesterday recounting his story to the
sheriff and county attorney, the latter
making out a complaint to have Mil
ler apprehended if possible. Though
much excited and trembling from the
weight of eighty years or moie, the
old gentleman told his story in the
presence of a Frontier representative
anc\ from which we gather up the
somewhat disconnected threads and
put them together.
On the early train Monday Bert
Fried and wife went toOmaha, leaving
their little boy, the old gentleman and
♦ ♦♦♦♦♦♦♦♦♦♦♦♦♦♦*♦*♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ►♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦4<.
| Thirteen hundred dollars, mostly I:
t gold, stolen from John Fried of Em- f
!met township, wtffA suspicion resting J
o/i hired man, ir/io //os “skiped. ”
♦♦♦♦♦44444444444 ---'!
the hired man at home. The old gentle
man spent most of his time in his room
up stairs where he kept his bag of
money concealed in his bed. Eleven
hundred and forty dollars of the 81306,
the amount he had, was in 20-dollar
gold pieces. He was In the habit of
counting the pile over frequently for
the pleasure of doing so and to assure
himself it was all there. He says he
remembers distinctly of counting the
money about midday on Monday.
He usually kept his room locked
when not In there himself but thinks
he left It open on Tuesday morning.
That morning Miller saddled a horse
and started out with a bunch of cattle
to graze on the prairie. Miller was to
return within two hours, but when he
failed to do so within that time the
old gentleman says the thought struck
him that Miller had secured his money
during the morning and had made
away with it. A visit to his room con
11 rmed this suspicion as the bag of
gold was gone.
lie went to the home of Thomas
Maring just across the road and told
them what had happened. Then the
sheriff was communicated with here
and he got busy to locate Miller. Tele
phone bells were started ringing all
over the country, but nobody has been
found yet who has seen Miller. The
horse he rode away was fbnnd bridled
and saddled and riderless near a gravel
pit between Atkinson and Stuart. The
theory is advauced that Miller rode to
the vicinity of Stuart where he turned
the horse loose and then caught the
first train west.
A reward of 1250 is offered for his ar
rest and conviction, ISO by the county
and 1200 by Mr. Fried. Miller is des
cribed as being 5 feet!5 Inches in height,
light hair and blue eyes, and has one
gold tooth showing prominently in
front on the upper jaw; dressed in
blue overalls and black coat, and wear
ing a corduroy cap.
Old Mr. Fried was expecting to use
the money stolen to build him a house
in Emmet.
Pat Ragan yesterday was loading
some handsome furniture into his
wagon, when some of his friends en
quired if ‘‘anything was going to
happen,” Mr. R. stoutly protested
that there wasn’t, with the further
observation that bachelors are entitl
ed to the luxuries of life as well as the
other fellows.
Dave McNichols is down from his
Kinkaid homestead In Cherry county,
where he has been a homesteader the
past three years. Dave thinks he is
making a fairly good investment of
his lime homesteading. A quarter
section near his homestead recently
sold for $1000 and at that rate he has
a $4000 place. He raised 100 acres of
crop this year and cut 200 tons of hay.
The county court’s attention was oc
cupied yesterday afternoon with a suit
on a note between E. H. Benedict and
H. M. Uttley, the outgrowth of a land
transaction. Mr. Benedict claimed
$700 due him on a note secured by a
mortage on real estate. Mr. Uttley
was his own attorney while A. F.
Mullen appeared as counsel for Mr.
Benedict. The court set 1 o’clock to
day to render judgment.
Gabriel Bazelman started for Bris
tow Tuesday but had to abandon the
trip when he reached the Niobrara
river. Mr. Bazelman says there is a
pond of water approching the Whit
ing bri Ige a quarter of mile In extent
and deep enough to swim a horse. He
did not care to risk the uncertainty of
attempting to reach the bridge and
turned back. As it was he got in
water deep enough to float the buggy.
He left O’Neill just after dinner and
got back at 10 that night.
Mary Kramer vs. Phillip Heckle
was the title of a law suit tried in
county court Monday and Tuesday, it
being an action in replevin. The plain,
tiff replevined nineteen head of cattle
the defendant had taken up. Heckle
claimed the cattle were trespassing on
his premises. The court found that
the ownership and right of possession
of the cattle was in Mrs. Kramer and
also awarded her 1 cent damages and
assessed the costs to the defendant.
A. L. Tingle of Butte represented the
defendant and E. H. Whelan the
plaintiff.
“Profanity is not clever. The most
ignorant people swear with the great
est fluency. It is not witty. It is not
strong. It is only vulgar. A man who
does not indulge In profanity can put
into his clean, crisp sentences more
power than the swearer can force in
to his outbursts with a dozen oaths.
Profanity may mark anger and sound
out as a signal of a loss of temper; but
neither of these are things which one
in his sober moments desires to adver
tise to the world. It is the restrained
temper—the curbed anger—that are
the signs of power.’’
Tom Morison a former resident of
the northern part of the county, but
who has been in other parts for some
time past and arrived in town only a
few days ago, was lodged in the city jail
yesterday for flourishing a knife and
creating a disturbance in one of the
saloons. He was making some threat
ening moves with the knife when or
dered to desist by the bartender who
emphasized his demand with a vicious
looking sixshooter. Morison dropped
the knife. He will have a hearing in
police, court today. During his former
residence in the county he became in
volved in a cutting scrape in his neigh
borhood for which he served a short:
jail sentence.
James Fleming passed away quietly
from the scenes of earth early Tues
day morning at his home in O’Neill,
after suffering excruciatingly for sever
al months from that fatal disease,
tuberculosis. The funeral was held
Wednesday forenoon at St. Patrick’s
church and the remains laid away in
the Catholic cemetery. The deceased
was a native of Ireland, where he was
born on June 10, 1851. He was thus
past 55 years of age. He had long been
a resident of this community and was
well known, especially by those from
bis native country. He was a mem
ber of the Ancient Order of United
Workmen in which he had $2,000 in
surance. The bereft widow and
family of the deceased have the sym
pathy of the community in their loss.
There was a shooting affair in town
one night last week. A vigilant cit
izen was disturbed by sounds in his
coal bln and an investigation disclos
ed that a man was walking off with a
sack upon his back probably tilled
with coal. It didn’t take the citizen
whose coal bin had been visited long
to bring his good shotgun into play.
A charge of shot was pumped into the
escaping theif in the portion of the
anatomy that made it painful for him
to sit down for a few days, but he
hung onto the sack of coal and con
tinued his (light. There was some
picking of shot out of the tender spots
when he got under cover and it is
believed will sby clear of the coal bln
of the handy man with a shotgun in
the future. _ _
An Apt Retort.
A young bookkeeper who had been
but recently married, carefully laid
down a piece of bread, theother night,
and said to his wife: "I wish you could
make such bread as mother used to
make.” The young wife smiled and
said in a voice that did not tremble:
"Well, John, I wish that you could
make the ‘dough’ that father used to
make.” A hush as silent as death fell
so suddenly that John almost lost his
breath, and the bread and dough ques
tion hasen’t come up for family dis
cussion since.
Educational Notes.
Senate File 217 and House roll 194
provides for the free high school edu
cation of all children in the state.
House Boll 247 provides for normal
training in high schools and appro
priates for that purposse 150,000 giving
•700 to each high school qualifying for
normal training. Both of these bills
have the unanimous endorsement of
the committee on legislation appoint
ed by the Btate teachers’ association.
If these bills pass, the result should
be an increase in the number of high
school graduates and better prepared
teachers among those who enter that
profession after graduation.
Holt county, as well as all the other
western counties, needs an appropria
tion whereby districts, paying the tax
ation limit and having an average of
only four or five months school, would
be enabled to have seven or eight
months.
Holt county has 117 districts which
voted 25 mills and 56 of these voted an
amount of money greater than twen
ty-five mills which was necessarily re
duced in the clerk’s office at the prop
er time. It is a deplorable fact that
scores of young people in the western
counties never even finish the eight
grades of school work, due most pro
bably to the very short terms.
A few districts are planing to raise
the district valuation by consolidating
with one or more adjoining districts.
This will necessitate some!neonvience
on account of distance, but on the
whole the average pupil will receive
at least a third more and we believe
better instruction on account of the
change.
Florence E. Zink, Co. Supt.
Oalloway Bull Calves.
5 full-blood Galloway bull calves for
sale at P. J. Lansworth’s, Agee, Holt
county, Neb. Write or call and see
them. Prices reasonable. 33-2
Seed Spelts for Sale.
Have 1000 bushels of clean seed
speltz for sale. Price 40 cents per
bushel.—D. A. Doyle. 34-4
Special Sale!
* •- ' ' V
Our entire stock of dress Ginghams,
Zephrs and French Ginghams,
Toile du Nord and Roxbery Ging
hams, light and dark Percales, j
light Shirtings and light Calicos.
20 PER CENT OFF
on all of the above mentioned goods. Before our new goods come in
we want to clean up all wash goods carried over. Sale
Saturday, Feb. 16, and lasts one week only. J. P. GALLAGHER