Nebraska Newspapers

    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