VOLUMF XXVII. O’NEILL. NEBRASKA. THURSDAY. JUNE 6, 1907 NUMBER 50. LONG LITIGATION ENDED McCarthy-Squires Cases Reversed On Rehearing by Supreme Court. i - 1 SQUIRES RETAINS TITLE TO LAND 1 Final Settlement of Long Contested 1 Tax Foreclosure Case. -Costs As- 1 sess:d to Plaintiff. _ I The supreme court in a recent de- J cision sets aside the sheriff’s deed and annuls the tax foreclosure proceed ings on a tract of Holt county land in ' one of the somewhat celebrated land ( cases that iwere numerous in this ‘ county a few years ago and which was at onetime apolitical issue in the 1 county. ' The case is that of Manilius Squires vs. M. II. McCarthy. The recent de cision is on a rehearing of the case in J the supreme court and after a some- ' what lengthy legal battle Squires wins out legal title to the land in question. Squires, who is a resident of Wis consin, owned a tract of land in this county. The taxes became delin- . quent for the years 1897, 1898 and , 1899. Before a tax sale had been had , by the county treasurer, H. R. Henry s being then treasurer, Holt county, through its county attorney, brought , an action to foreclose an alleged tax j lien on the land. This action proceed- , ed to decree and sheriff’s deed. , “After the sale and before the con- ] firmation,” says the opinion of the , supreme, “the plaintiff in ignorance of , these facts paid to the county treasur- ] or the full amount of the taxes and ] interest charged against the land. , The treasurer accepted the money and issued receipts in due form therefore without notifying the plaintiff (Squires) of the pendency of the ac tion, which was prematurely brought. Held: That the acceptance of the money by the couuty tresurer and the issuance of the tax receipts operated as a satisfaction of the decree as far as the plaintiff is concerned, and that he is entitled to have the sheriff’s deed set aside in equity, the land be ing still in the hands of the origina1 purchaser. “In such case, the loss, if any, is at tributable to the negligence of the county treasurer and the wrongful act of the county in attempting to foreclose its lien before its right to do so legally accrued, not to the failure of the taxpayer who was within his legal right and should be protected.” The opinion, a copy of which was received by Squires’ attorney, R. It. Dickson, a few days ago, is quite lengtly and goes into the details of the case, which is remanded with directions that the district court en ter a decree quieting the title to the land in the plaintiff. The plaintiff is also required to reimburse McCarthy I the amount of the purchase money t paid for the land with interest and the costs of the suit in district court. 1 Thread Goes Up. £ “What I haven’t been able to figure out yet,” remarked a local merchant ) recently, “is how we are going to con- , tinue to sell thread at 5 cents a spool t and come out on it. The wholesalers 1 have just raised the price on Coates \ thread to 67 cents a dozen spools. £ You see at that rate there is a clear loss of 7 cents to us when we sell a ] dozen spools at 5 cents each, not £ counting the transportation charges. The only way I see for the merchant i to come out whole on thread is to 1 raise the price to 6 cents a spool.” Local merchants generally say that 1 prices on all lines of dry goods and groceries keep moving upward al though they have not advanced the , price to meet the raise in the whole- > sale prices on lines that for years have 1 sold at a uniform price. They say | they simply have to sell the goods at - the old price and make less or nothing at all on them as customers would object seriously to a cent or two raise on the small items they had bought ! for years at one price. ' County Attorney Whelan went to Lincoln Monday to attend a session of < the supreme court in behalf of the j county in a suit over a tract of land ( adjacent to Atkinson, consisting of thirty and one-half acres which is a part of the Joseph S. Bartley home stead. The county claims the proper ty under an execution sale. Bartley 1 was one of Barrett Scott’s bondsmen 1 and a judgment was obtained against ' him and the land in question sold ! under execution of the judgment to the county for something like $600, ; which amount was credited on the ' judgment. Later Bartley deeded the property to H. A. Allen, and the suit is to determine whether the county or Mr. Allen is entitled to the pro perty. _ Plenty of millet seed for all.—Con Keys. FIVE YEARS FOR SKIDMORE Vestover Imposes Heavy Penalty for Hog Stealing. District court adjourned Monday intil Saturday, Judge Harrington taking the bench Monday long enough o act upon the case of John Dibble vho was sent up from the county ourt on the charge of receiving stolen iroperty. Judge Harrington placed Dibble under $1,000 bonds to appear at he next term of district court for rial. J. A. Phillips and Peter Niter vere approved as sureties. Judge Westover re-convened court in Friday morning of last week after he memorial day recess. Two minor uits were tried. The plaintiff ob tained a verdict in the suit of Wal ath & Sherwood Lumber Co. vs. Wm. Jokhof, a suit on account. The jury eturned a verdict for defendant in the case of Deck vs. Bennett. Satur lay, Judge Westovtr sentenced Joseph Ikidmore, convicted of stealing nine lead of hogs, to live years in the peni tentiary. Upon adjournment of court Monday the jury was discharged. The Good Old Days. John Enright, one of the old-time md prosperous farmers of Grattan township, handed us $1.50 the first of he week and ordered the old reliable ent to him the coming year. Mr. Snright has been a resident of nolt lounty since 1876, when he came here rom Illinois and settled upon the [uarter section of prairie land, four niles north of O’Neill, where he still ives. He was here in the good old lays when every settler was willing to livide his last side of bacon or his ast sack of flour; when plowing >ees and husking bees—to help out ome unfortunate neighbor—were the ule and not the exception. He was vith the wood-hauling caravans when earns would leave the settlement hortly after midnight and be on the >anks of the Niobrara river at sunrise, ut and load your wood and start for lome getting back sometime before unrise the next morning, rest up for , day then make another trip. These vere great times in old Holt and the vriter who made many of the trips annot think of any member of the ild cai^,van whom father time has lealt more leniently with than John inright. To us he looks no older han lie did the first time we seen lim thirty years ago. While he has 10 use for our politics—John being a imon pure democrat—he says he rants to keep posted on the affairs olitically and otherwise and for that eason for the first time during his esidence in the county has his name nrolled upon The Frontier’s list of eaders and we hope he remains a cember of our family circle for years o come. Tip to Young Husbands. The younger man had been com laining that he could not get his wife o mend his clothes. “I asked her to sew a button on this est last night, and she hasn’t touched t,” he said. At this the older man ssumed the air of a patriarch. “Never ask a woman to mend any hing,” he said. “You haven’t been carried very long, and I think I can ive you some serviceable suggestions. Vhen I want a shirt mended I take it o my wife, flourish it around a little ,na say, ' wnere's tnat rag-bag? “ ‘What do you want with the rag lag?’ asks my wife. Her suspicions ,re roused at once. “ ‘I want to throw this shirt away; t’s worn out,’ I say, with a few more lourishes. “ ‘Let me see that shirt,’ my wife ,hen says. ‘Now, John, hand it to me at once.’ “Of course, I hand it over, and she ixaraines it. “Why, John Taylor,’ he is sure to say, ‘I never knew such sxtravagance! This is a perfectly rood shirt. A11 it needs is-’ And lien she mends it.” Sunday School Convention. There will be a district Sunday iChool convention at the Leonie ihurch, Marquette Chapel, on Wed lesday, June 12, 1907. Forenoon services will begin at 10 (’clock a. m , and afternoon services it 1:30 p. m. Come and bring your [inner and stay all day. II. R. Henry, Vice-Pres. Notice. The telephone in the postofflce is lot for the use of citizens in town to inquire concerning their mail and :alls of this nature can not be an iwered. The telephone is for out of town and ong distance connections. Patrons if the office in town will please bear ihis in mind and not use the tele phone inquiring for mail. R. J. Marsh, Postmaster. A. Knapp and family of Seattle, Wash., arrived in the city last week ind are visiting the home of his 'ather, A. W. Knapp, east of town. City Authorities After Roaming Bands of Live Stock. GOLDEN WANTS LOTS DETACHED Desires Large Tract of Land Near the Chicory Factory Set Off From the City Limits. At the meeting of the city council Monday evening the matter of live stock running at large in town came in for a good share of the discussion of that honorable body. An ordinance, which appears in full in another de partment of this issue, was adopted relative to the subject and C. A. Moore appointed as poundmaster. The treasurer’s monthly report showed a balance of $1,171.46 in the general fund and $661.68 in the water fund, while the water bond fund show ed an overdraft of $1,159.70. A trans fer of enough from the two other funds was made to cover the overdraft. T. Y. Golden appeared before the council to have a large tract of land in Mathews’ addition in the vicinity of the chicory factory set off from the city. Mr. Golden had already com menced suit in the district court for this purpose and desired the consent of the council to eliminate a tight in court. No action was taken on Mr. Golden’s request although it is under stood some of the councilmen are op posed to it. The council adjourned to meet Saturday morning when per haps some action will be taken one way or the other. The application of George Sweeney for liquor license will also be acted upon at this meet inry The Markets South Omaha, June, 5.—Special market letter from Nye Schneider Fowler Co. The nice gain in prices of the past week has been well maintained up to this writing with indications that receipts may become heavy enough to check the advance and possibly fetch a little backset but we do not expect to see prices decline only temporarily if at all. There is a fair demand from outside buyers for cows and heifers and commission men are likely to win out in the inspection fight we think. Many butchers from interior points have placed orders for cows and heifers at this market expecting to buy them at much lower prices but have not been able to get them. Stockers and feeders keep firm. Prices will range as follows— Choice steers.*5 60@6 25 Fair to good.5 10®5 50 Common down to. 4 50 Cows and heifers. 3 75(a>4 75 Fair to good. 3 00C®3 60 Canners & cutters. 1 00^3 00 Veal calves. 4 50(a)5 75 Bulls. 3 00(a>4 50 Good to choice feeders. 4 25(a)4 90 Fair to good grades. 3 65(a>4 20 Stock steers. 3 75(a?4 75 Stock heifers.. 3 00@3 50 Hog prices have made another 15 to 20 cents advance but the market is now easing off again and we look for lower prices. Range $5.90 to $6.15. Sheep and lambs have made a new high record for the season, lambs $8.75 ewes $6.30. Receipts light. The class of 1907, of the O’Neill High School, passed forth into the world last Friday evening as full tledged graduates, having completed the twelve years course of the O’Neill schools. The class this year was com posed of but two members, Ben H. Woodruff and John P. McCarthy, but the excellent standing of both gradu ates throughout the entire high school course makes up in a measure for the smallness of the class. Appropriate services were rendered at the rink,the address to the graduates being deliv ered by A. O. Thomas, president of the Kearney State Normal school and it is claimed to have been a splendid effort. Sioux City Tribune, June 5: Chas. Barrett and Miss Celia Brady, of Sioux City, were married yesterday in the Catholic church at Jackson, Nebr., Rev. T. J. McCarthy, of Sioux City, officiating. Mr. Barrett is a printer for the Tolerton & Warfield company, and his bride is secretary and treas urer of the Sioux City Crockery com pany. _ I will offer for sale for a limited time all my household goods, including piano, one mhaogany bed room suite with brass bed, one birdseye maple bed room suite with iron bed, one sectional book case, etc. This is all high grade furniture and is in first class condition. Parties desiring bargains in furniture and rugs will do well to call at once.—S. J. Weekes. _ 48-tf Wedding announcements and invi tations furnished in the latest styles i at this office. FOUR PEOPLE DROWN WHILE BOATING ON WUNDER’S LAKE Four persons were drowned at Wunder’s lake eight miles south east of Page at about noon Wednesday as the result of a small row boat being overloaded and capsizing. The dead are: CLINTON SAMSON, age forty-four vears. MORRIS SAMPSON, age twenty months. MRS. BLANCHE TRACY, age thirty years. MISS ALICE DRUM, age twenty years. They all lived in the neighborhood four miles northeast of Page, and were members of a party of some forty persons who had gone to the lake for a day’s outing. Five grown people and the baby were in the boat when it capsized. They were Mr. and Mrs. Sam son and their baby, Mr. and Mrs. H. V. Tracy and Miss Drum. They had just pushed off from the shore and were out only about twenty feet when the end of the boat in which Mr. Sampson and Mr. Tracy sat tipped to the water’s edge and quickly filled with water. Mrs. Samson and Mr. Tracy were rescued with fish poles by those on the bank. Story of the Drowning. The tragic and pathetic ending of a pleasure party that cost the lives of four persons has rent the community of Page and wrung the hearts of many to tlie bitter dregs of grief. The homes of the dead were shrouded in the shadows of death’s gloom last even ing where all was happiness in the morning in expectency of a day of pleasure away from household cares and labors of the farm. A Frontier representative, in com pany with Coroner P. J. Flynn, Under takers O. F. and Frank Biglin and Judge Malone, went to Page on the Great Northern freight last evening ana out to the Drum and Samson homes four miles northeast from town. The undertakers took charge of the remains, embalming the bodies. The coroner had Deputy Sheriff Hunter call a jury to view the remains and examine witnesses. The jury was com pose of If. A. Trobridge, C. A. Town send, R. A. Sargent, J. A. Candee, A. Palmer and John Kohl. It was found the drowning was purely accidental. Ttie lake where the drowning occur red is in the vicinity of Ewing and is a popular fishing resort to which fish ing excursions are frequently made bj those living in the east end of the county. A party of some forty persons was made up in the neighborhood northeast of l’age Wednesday morn ing to spend the day at the lake. A small row boat was a part of the equipment. Assembling at the lake the party dispersed in all directions along the bank to cast out their fist lines. Toward noon Mr. and Mrs. Tracy, Mr. and Mrs. Sampson, witt their baby, and Miss Drum got intd the boat and started out on the lake, Twenty feet out the boat capsized ir eighteen feet of water. The othei men of the party were some distance away and but little assistance could be given those in the water. Some women of the party were nearby and they made heroic efforts to save the drowning. Orvil Vanconett was the only man anywhere near and he rar to the rescue. Mr. Tracy and Mrs Samson were gotten out by grasping fish poles which were extended te them by those on the bank, while the companion of each, the little babe ane AS TO “SHE” CATTLE. Diseased Kind Come From Unsani tary Yards. Chicago, May 31.—The executive committee of the American Meat Packers’ association, whose members embrace 275 large and small packers in twenty-nine states, met here to day and unanimously adopted a resolu* tion asking all inspected slaughtering establishments to buy cows and other “she” cattle subject to post-morten inspection by the United States government: The request was made that immediate effect be given the resolution. Secretary George L. McCarthy of the association said: “The diseased cows to which we object come from dirty, filthy farms and it naturally follows that the dairy herds from which most of them come are diseased. The danger to the public by consum ing milk and other dairy products from the tubercular cows and cows suffering from other diseases would be appalling if it were generally known. The farmers who are respon sible for this condition of affairs have no incentive to keep their farms clean and their herds free from disease so long as they are paid full value for diseased animals sent to the market for slaughter, but when cattle are bought subject to inspection after death every farmer who has been criminally negligent will immediately clean up his place and take measures to keeD disease out of his herd.” Miss Laura Fields, who had taught the primary department of the public schools here for the past two years, departed Saturday last for Crete. Miss Fields is an exceptionally com petent teacher in primary and kinder garten work and greatly endeared herself to all the little ones under her care. That she will not teach here another year is much regretted. Young friends of Gerald LaViolette to the number of a score and a half gave him a surprise party Wednesday night of last week. It was the occas ion of much joy to the little folks who took their young host completely by surprise. The evening was spent at games of various kinds. The Ainsworth Star-Journal fsays the “ninety-four-year old” recently departed that town in the same man ner as heidid here, which is taken to indicate that the O’Neill “horse ranch” victims are not the only ones. _ Hogs were worth $3.65 on the local market yesterday. Over two car loads were on the market. A Novel Competition. The Commercial club of Portland, Oregon has adopted a unique method of attracting attention to that cltj and the Pacific northwest. It is offer ing a series ot prizes amounting in tht aggregate to five thousand dollars ir cash for the best articles treating ol any phase of the resources, scenery irrigation projects, agriculture, horti culture, timber, dairying, history educational and religious advantages social conditions, etc., which mak< that section of the United State: desirable to settlers One of ,the conditions of the compe tition is that the contestant must secure the publication of his article in a regular edition of some news paper or other publication dated or or before December 31st, 1907, anc and printed outside of the states o Oregon and Washington. The publi cation containing the article must b< in the hands of the judges, who are t< be appointed by the governor of Ore gon, not later than February 1st, 1908 This offer is a novel one and espe daily interesting as indicating thi aggressive spirit of the cities of thi northwest in exploiting their advan tages. The offer is made, however not so much with a view of havinl the country “boomed” in the commoi acceptation of that term, as to havi the people of the country general! become more familiar with the norti Pacific coast At the M. E. church, June 9th. 1 a. m. class meeting, 10:30 a. m. sermoi Topic, “The Atonement in Christ,’ Heb. 9.13-14,11:30 a. m. Sunday school 7 p. m. Epworth League, 8 p. m. Sermon, Topic, “Saul the King o Israel,” 1 Sam 10.24. For first-class printing see Thi Frontier. Palace Cash Meat Market (FORMERLY THE SP1TTLER MARKET) Choice Meats of Deliveries All Kinds Always Promptly Made to on SalehsYour Home TELEPHONE NO. 47 O’NEILL : J. S. WHITE : NEBR. Miss Drum went down in a wild struggle to reach shore. Samson is said to have been a good swimmer, but in his efforts to save his child and the others was drawn down. The bodies were ail recovered short ly after they sank by means of hooks and lines. A doctor was called out from Ewing. The bodies were worked with for over two hours with hopes that they might be resuscitated, but to no avail. The lifeless forms were then conveyed homeward by those, who had started out in the morning with happy prospects, now with bowed heads and sorrowful hearts. The bodies of Mrs. Tracy and Miss Drum were taken to the home of the young woman’s parents, Mr. and Mrs. Amos Drum, who were also with the party at the lake. Mrs. Tracy’s hus band is a brother of Mrs. Drum. She leaves two small children, ages eight and two years, beside her husband who narrowly escaped a like fate. The Tracy and Drum families are both old citizens of the community. The funeral for Mrs. Tracy and Miss Drum is expected to be held Friday at Page. The bodies of Mr. Samson and baby were taken to their home a half mile distant from the Drum place. The father and son streched for the bier in the place where they had froliced together made a pathetic scene. Mr. Samson had lived in the community for about three years, we were told, coming there from Tecumseh. The remains may be sent there for burial. He was a member of the Workmen lodge. He leaves his wife, who came near drowning with him, and two chidren, six and four years. The hearts of all were touched with the pathos of the scene in visiting these homes made desolate so sudden ly and unexpectedly — homes where now even the large measure of neigh borly sympathy being manifest seems but empty mockery to the wounded 1 and bleeding hearts. The Frontier has chattel mortgages. A copy of the Kirkland-Bedmond Sun, published at Kirkland, Wash., in the vicinity of Seattle, is at hand, and probably comes from our old friend, A. B. Newell, who we see is president of the Bedmond commercial club. Taken Up—At my farm ten miles northeast of O’Neill, three head of cattle, on Monday, May 20. Owner can have same by proving porperty and paying all expenses. 49-tf Patrick Began. I - Henry Scafe and daughter, Miss . Ethel, of Amelia, were Great North , ern passengers for Storm Lake, Iowa, this morning,where they go on a visit. . They were over night guests of Mr. i and Mrs. J. H. Meredith. Taken Up—At my farm 3 miles from Eagle mills, one two year old heifer, , red and white, branded on right hip, ( about March 10th. Owner can have same by paying all expenses.—M. Miller. 50-3pd. Lost—About May 10,1907, one black 1 sow, weight about 200 pounds, one ! front foot white and one white hind - foot. Send information concerning ' same to Joseph Schnidler, O’Neill, ' Neb. _ 50-1 ' James LaViolette departed this ’ morning for St. Paul, where he will spend a day or two with his brothers 1 before going to Superior, where he expects to remain. 1 The drama, “Fablola,” given last 1 night by convent students, is spoken of very highly by those who attended ■ it. It was patronized by an over-flow ' audience. _ For Sale—The southeast quarter of section 34, township 31, range 11. Ad; i dress 0126 south 4th street, Norfolk, Nebraska. 46-tf