The Frontier
Published by D. a. CHON IX,
II ib© Year 75 Genu 81i Months
Official paper of O'Neill and Holt county.
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CRONIN AND BOND LIABLE.
Supreme Court Holds them Liable
to Editor of Frontier for Damages.
Last Saturday the Supreme court of
Nebraska handed down a decision in
the case of Cronin vs. Cronin, revers
ing the action of the lower court and
remanding the case back to the dis
trict court for trial. Following is the
opinion handed down by tbe court.
1. When the county board has des
ignated tbe newspaper in which the
notice and delinquent tax list and no
tice of tax sale shall be published un
der the provisions of the act of 1903
for the collection of delinquent taxes,
the treasurer has do discretion iu the
matter. It Is his duty to publish the
notice and tax list in the paper so des
ignated within tiie time and in the
manner provided by the act.
2. When the treasurer refuses upon
demand to furnish such notices and
list to the proprietor of the paper so
designated for publication and such
proprietor Is damaged by such refusal,
the treasurer is liable for such damag
es, and the same may be recovered in
an aotion upon his official bond.
Skdwick, J.
Thfl nlninHfT allnunH In Vila notitlnn
in the district court that Holt county
was proceeding under the act of 1903
for the collection of delinquent taxes,
commonly called the Scavenger Act,
and in those proceedings the county
board, pursuant to the statute, duly
designated the “O’Neill Frontier” a
newspaper then owned and published,
by the plaintifT, as the paper in which
the delinquent tax list should be pub
lished, and that the treasurer of the
county refused to furnish the plaintiff
with the copy of the list for publica
tion but did furnlsh|it to a rival paper
in which it was published. The plain
tiff in the action sought to recover
damages from the treasurer and the
sureties upon his official bond, who
were made defendants, for the wrong
ful oonduct of the treasurer In that
regard. Each of the defendants sep
arately filed a general demurrer to the
petition, which demurrers were sus
tained by the court and the aotion dis
missed. The plaintiff has appealed.
The plaintiff does not set out at
large the faots from which the dam
ages which he claims should be es
timated, but no objection is made to
(be petitions in (he briefs upon ftints
ground and we are therefore assuming
that the allegations are sufficient to
show that the plaintiff has suffered at
least some damages. The contention
of the defendants Is that the plaintiff
has shown no such Interest In this
publication as would entitle him to
maintain this aotion; that his inter
est is too remote and contingent to be
the basis of a right of whloh the law
takes cognizance: that this act was
not passed to enable Mr. Cronin to re
ceive benefits from his paper; “That
was no part of the design of the Legis
lature ” It is said in the brief that
the aotion of the county board design
ating the plaintiff's paper is not in
any sense a contract; (be contract, is
made by the treasurer and not by the
county board; and that when there is no
contract there oan be no breach, and
as Cronin was under no obligation to
publish the tax list, there was no ob
ligation on the part of the trersurer
to furnish him with the list, since in
order that there shall be a binding
contraot there must be a mutual ob
ligation. The defendants have furn
ished us with an interesting brief in
which they cite upon this proposition
Smith v. Yoram, 37 la, 39; Iowa News
Co. v. Harris, 62 la. 501, and Stong v.
Campell, 11 Barbour (N. Y.) 135 Smith
v. Yoram, supra, was a proceeding by
certiorari to correct the proceedings
of the board of supervisors of Jones
county in the matter of selecting a
newspaper in which the laws and pro
ceedings of the board should be pub
lished. In the opinion, quoting from
ft former decision by that court, it
was said: “No publisher has such a
Rested personal interest in enforcing
its provisions, that he can thus resort
to the courts, and compel the board to
select his paper and have these laws
published therein. The duty is im
posed on the board; they are the cus
todians of the power, but nojone can
insist upon its performance or exer
olse because he happens to be vat the
time the owner of a newspaper.”
Strong v. Campbell, supra, which was
tea decision of a nisi prius court, was
in action for damages by the propriet
or of a newspaper against a postmast
er for refusing to receive proof m re
gfttd to the circulation of the paper
add refusing “to give them the pub
lishing of the list of letters remaining
m the postofflce.” The court, by
Johnson, J., said; “I have not deemed
it necessary to examine the questions
raised as to the sufficiency of the av
'V iv.
m /Ac
erments In the declaration conceding
the action to be maintainable, be
cause in my judgment there is no foun
dation whatever in law for an action,
under any conceivable state of (lead
ing. for such a cause ” While these
and other similar cases which we have
examined are perhaps distinguishable
from the case at bar, it must be said
that much of the reasoning employed
might be applied to this case also.
The circumstances out of which this
litigation arose have been already
twice considered by this court. In
state ex rel. Cronin, 75 Neb. 738, this
plaintiff sought by mandamus to com
pel this defendant as county treasurer
to furnisti him with the notice in
question for publication The facts
upon which this litigation depend
were stated somewhat at length in
that opinion. The principal question
to be. decided was whether the county
board had duly designated the plain
tiff’s paper as the one in which the
notice was to be published. It seems
to bane been conceded dr assumed
that if the plaintiff’s paper had been
duly designated by the county board,
the defendant as treasurer had no dis
cretion in the matter, and Indeed this
would seem to be the effect of the leg
islation upon this subject. The right
of ttie plaintiff as relator-to maintain
the action appears not to have been
doubted or discussed. It was said that
the trial court was justified in deny
Ing the writ “because it appears to be
conceded that it would have been un
availing had it issued, the time being
too short after the decision of the dls
trict court to take the steps and make
the preparations necessary to enable
the anDellant to oubllsh the list with
In the time required by law.” Ills
also sakl that “Tlie appellant’s right
to publish the list was mere abstract
right. But the situation was^lffereat
when this suit was begun. At that
time, had the appellee moved prompt
ly to the discharge of his duty, the
appellant could have made the publi
cation.” Wltlle the writwasnota ward
ed the costs of the proceedings were
taxed against the defendant. This
was done solely upon the ground that
the relator was entitled to the writ at
the time that the action was begun
This, then, was a determination by
this court that the plasntlff in thle
case had such an interest In the mat
ter as to enable him to maintain ar
action against the defendant. Again
in Miles v. Holt County, 86 Neb. 238
which was an action against thecoun
ty by the publisher of the newspapei
in which the notice in question war
actually published by the treasurer, li
is said that the publication was made
in the paper; that the treasurer acted
willfully in the matter, and formerde
cisions in this court In whicli simllai
rights have been asserted were citec
and quoted from without criticism
It would seem that this court is com
mitted to the proposition that the
plaintiff has such an Interest to en
able him to maintain the action
There are some considerations justify
ing this conclusion that perhaps can
not be found in the cases cited by the
defendant. Under our statute the
duty is in the first Instance imposed
upon the county board to designate
the paper In which these publications
are to be made. When the county
board has acted and has designated the
paper for that publication the treas
urer has no discretion in the matter.
It is his duty to furnishjthe notice for
publication to the paper designated by
the county board. The petition alleges
that after this designation had t een
made this defendant was not!fled of
that fact by the county clerk, and was
personally notified by the plaintiff, and
was informed by the plaintiff that he,
the plaintiff, had made preparation to
publish the list as directed by the
county board and was ready to do so
and demanded that the list be furnish
ed to him by the treasurer for that
purpose, which was refused by the
treasurer. It it Is conceded, as it ap
pears to be in these briefs, that the
plaintiff bad accepted the proposition
of the county board to publish the list
in his paper, and that the treasurer de
prived him of the legitimate profit by
Kia nnlamfn) n At «»a t hlnU tVinf f Via
petition states a cause or action for
such damages as the plaintiff has sus
tained by i lie misconduct of the de
fendant. The general depo urrer of the
defendant and his sureties should .be
overruled.
The judgement of the district court
is reversed and the cause remanded.
It will be seen by the above that
once again the supreme court of the
state has sustained the contention of
The Frontier and its attorney, R. R.
Dickson, that this paper is entitled to
damages from D. J. Cronin, late
treasurer of this county and his bonds
man, for railure to deliver to it the
Scavenger delinquent tax list for pub
lication in July, 1905, after the same
had been awarded to it by the board
of supervisors, that body having the
authority to declgnite the paper in
which this notice should be published.
As this is the second time The
Frontier has won In the supreme
court cases growing out of the failure
of Cronin to deliver to this paper the
Scavenger tax list for publication, a
brief resume of the facts in the case
might not be out of order, in order
that our readers may thoroughly
understand the case.
- - — - - i-r-r ' ' ’ --— " ~
In January, 1B05, the county board
elected to col.ect the delinquent taxes
of the county under the act known as
the Scavenger Act, and ordered the
county treasurer, at that time, D. J.
Cronin, to prepare and publ sh the
noti.ces as ptovided by law. On April
21,1905, the county board designated
The Frontier as the newspaper in
which the treasurer should publish
the notices required under this act.
Tills designation the county board
had the authority to make the law
clearly staling that the county board
should designate the paper in which
the notices should be published. The
county treasurer ignored the action
of the county board and gave the no
tice to the H ilt county Independent
for publication and the first notice
was published in that paper in July,
1905. The Frontier brought man
damus proceedings against the county
treasurer to compel him to give the
copy of the notice to the Frontier for
publication The mandamus proceed
ing was tried before Judge Harring
ton who held that the mandamus
would inn lie because the designation
as made by the board was not a legal
designation of the Frontier.
The mandamus case was appealed to
the supreme court. It holding the
designation sutticent and that it was
the duty of the treasurer to have pub
lished the notice in the Frontier.
The court In its opinion severally cen
sured Treasurer Cronin for his action
in ignoring the orders of Ihecouuty
board.
January zj, iwuo, uenuis n.
Oronin, proprietor of The Frontier,
brought suit against Daniel J Cronin
and his bond, The United States
Fidelity & Guarrantee Company of
Baltimore, Maryland, for *4,019 50 and
interest on $2,669.50 at 7 per cent
from July 1, 1905, and interest upon
*1,350.00 from October 27, 1905 The
amount claimed was damages for the
treasurer failing to perform his duty
as required by law in delivering the
Scavenger tax notice to The Frontier
for publication The amont Involved
was the legal rate for publishing the
notices as reuqlred by law.
The defendants tiled a demur
rer to the petition, alleging
among other things that the petition
of plaintiff did not state facts suffl
olent to constitute a cause or action
The cause came up for hearing upon
the demurrer before Judge Westover
on (December 14, 1908, and the
court sustained the demurrer,
dismissed] the case and taxed the
the costs to the plaintiff. Tiiis is the
case cited above that the supreme
court reverses and sends back for
trial.
After the lapse of five years and a
half it seems as if The Frontier; was
now In position where it would7 get
justice and that D. J. Cronin once
treasurer of this county, and his
bondsmen would have to pay this
paper for the profits upon the tax list
which was stole from it in July, 1905
Honesty is always the best policy and
we wonder if the ex-treasurer of this
county does not sometimes think it
would have been better for him to
have conducted his office as by law
provided instead of allowing A. F
Mullen to tell him what to do and
then blindly follow instructions.
By winning this case Attorney R.
R. Dickson has added another feather
to his cap and won a decision of far
reaching importance. Pitted against
him in this case was one of the lead
ing law firms of Omaha and few mem
bers of the bar in this section believed
that he would be able to win the case.
But Mr. Dickson was always confident
that the case would be won. Fight
ing against one of the greatest politi
cal acts of piracy ever commited in
the history of the state he was posi
tive that the laws of Nebraska were
never Intended that a public official
and a gang of political pirates could
wilfully rob a man of his just rights
and get away with it. Knowing that
right and justice were upon his side
be fought the case ably, fearlessly and
energetically and defeat in the dis
trict court only spurred him on to
greater efforts in the supreme court.
It was a great victory and R, R.
Dickson is entitled to congratulations
upon ills successful conduct of the
case up to date.
± ue riuubiei laiia tu see vvnaii muu
of politics Governor-elect Aldrich is
playing when he appoints a political
hypocrite like W. It. Jackson to one of
the best offices at his disposal, that of
pure food commissioner. Mr. Jackson
was a candidate upon the democratic
ticket at the last election for the office
of state superintendent anil outside ol
Jim Dahl man was defeated by the
biggest majority of any man on the
ticket. In this county, in which Mr.
Jackson lived for about ten years and
served four years as oonnty superin
tendent, he received less votes than
any man upon the democratic ticket
which does not speak very well for his
standing among the people where he
is well known. For our part we be
lieve Mr. Aldrich made a mistake in
this appointment. It he wished to
hand the appointment to a democrat
he could easily have selected some one
whose political record was not taiated
with hypocricy to accept the plum,
and n > republican would have found
fault with the selection. But when
he selects a man who has been re
pudiated by the people of the state,
and a man who has a backbone as
stiff as a rubber doll, to this import
ant position, people of the state re
gardless ofpoliticstaveakick^oming. >
NEIL BRENNAN
-WISHES TO ANNOUNCE
That he has a large and complete stock of wagons, I
Buggies, Carriages, Spreaders, Feed Grinders, Gaso
line Engines, Corn Sheliars, etc. Also washing |
machines, Churns, wringers, Tinware, Granite
ware, wooden ware, Cutlery, Silver ware, etc.
MAKE YOUR SELECTION EARLY 1
IAnd get your choice. Do not wait until the I
stock runs down. i
heated to’thapnlnt of f! Where pressure water Is used
boiling, while breaklast Ir !„'* malleable iron p.nwxlensiOO
is cooking. Whan water Pi ]*a{f.r ,ron*> has more I
gets too hot reservoir § *eaJi"9 ‘ha" a"Y
can be moved away ;||! other, supplies abundance
from fire by shitting n of hot water to
the leaver shown. ,’il all parts of the house It takes the &
ki\ Place of reservoir. j
during the Holidays we
WIL DONATE FREE
With every Majeftic Range $8.00 worth of Cooking
Utensils of Your Own Selection.
On all other Ranges and Cook stoves we will allow a dis
count of 5 per cent. Also a large reduction in the
price of Heating and Cook Stoves.
'
^NEIL BRENNAN ^
The New Market
\
f*————1 ■
THE ANNUAL EXECUTION
ot Turkeys, Chickens, Duck and Geese
isenormous. We are careful in our
selection of Poultry, and we never per
mit any “Old Birds’’ to come into our
store. The
Poultry
we offer has been specially raised for
food, and all that skill, care and
knowledge could do has been done to
make the meat tender, juicy and of
tine flavor. Better make your select
ions of Poultry here.
Shoemaker Bros., prop
THE O’BEILL
ABSTRACT * 00,
Compiles
Abstracts of Title
[•HE ONLY COMPLETE SET OF AH
ITRACT BOOKS IN H JLT COUNTY
Township Order pooks, ai)d i
1 Orders oi) County Treasurer i
w Jl manufactured a FOR SALE /Kt M
M-Jlf
|«CH THE FRONTIER „c» |
See Us Before You Huij jf
^FLOUR^
We have several brands, all of them
good, and will make the lowest
prices to you.
All Kinds of Grain and Feed
Agents for all makes of Cream Sep
arators. Bring us your Cream as
we pay the highest price.
Zimmerman # Conklin
SUCCESSORS TO J. H. WISE
