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About The frontier. (O'Neill City, Holt County, Neb.) 1880-1965 | View Entire Issue (Feb. 15, 1917)
THE BIG 1 ilVENT HAS HAPPENED!) FREE 640-ACRE WYO. HOMESTEADS The long-wan ed 640-acre Homestead Act is now a law. It per mits application i r these homesteads in the grass-covered livestock area of Central a d Northeast Wyoming. You can reach this area either over the irlington’s main line’ via Douglas for Converse County or via Up on, Mooreroft, Gillette or Clearmont for Northeast Wyoming. Inquir: early and go early. This area contains large bodies of Excellent grazing lands from fifteen to fifty miles from the railroad. Writ© me for circular of information and instructions, which will, tell you exactly what to do without loss of time to apply for a stock-raising and dairy homestead. You can secure one of these valuable mile-square homesteads in a region established und well known as the permanent livetock area of Wyoming. It is my judgment that practically all of the desirable grazing and agricultural lands, will be applied for in 1917. We do not ad vertise these lands for the purpose of creating passenger travel. We consider it our duty to advise you of this opportunity and to tell you that it is the last chance you will have. S. B. HOWARD, Immigration Agent, % 1004 Farnam Street, Omaha, Nebraska. I BsColumbia Grafonola ACCEPTED by musicians the world over as the standard and first in the judg ment of experts at the World’s Fairs and Expositions is now on exhibition and for sale in your home town. A complete stook ! of these Matchless Instruments S | as well as the Columbia Line * of unexcelled Records, for eign and domestio, can be seen I and enjoyed whenever it suits I your convenience. Table Machines at | $15,$25,$35,$50 Cabinet Machines a I 75,$85,100,$110 i and up to the price of the style 350, the Columbia Grafonola Baby Grand, ; | the last word in phonograph construction, The Acme oj Perfection. START THE NEW YEAR RIGHT-- Bring music and happiness to your family— call at our store and order a Columbia Grafonola to your home. Convenient payments if desired. J. A. Brown* O’Neill, Nebraska Representatives for the Sehmoller & Mueller Piano Company Exclusive Wholesale Distributors for Nebraska, Iowa and South Dakota (First publication February 8.) (YV. J. Hammond, Attorney, O’Neill.] In the County Court of Holt County Nebraska. In the Matter of the Estate ol Elizabeth S. Pond, Deceased. Order. Now on this 7th day «f February 1917, this cause came on for hearing upon the petition of Edward S. Pond alleging that Elizabeth S. Pond de parted this life on February 3, 1916 intestate; that she died seized of cer tain real property in Holt County, Ne braska; said petition setting forth th< names, ages and residences of th< heirs of said Elizabeth S. Pond; ani alleging that she left an estate of in heritance consisting of the following real estate situate in Holt County Nebraska, to-wit: Commencing 411 feet west of the center of Section 19 in Township 28, North of Range 10 West of the Sixth Principal Meridian thence west 607 feet, thence north 1,115 feet, thence east 1025 feet thence south 697 feet; thence wesl 209 feet; thence south 209 feet, thence west 209 feet, thence south 209 feet to the place of beginning; that said real estate is wholly exempt from at tachment, execution or other mesne process a^d not liable for the payment of the debts of said deceased, and praying that a day be set for a hear ing on said petition and that -the regular administration of said estate be dispensed with and that the Court find and determine the heirs at law of said Elizabeth S. Pond. It is ordered, that Monday, March 5, 1917, at the hour of ten o’clock A. M., at the County Court Room in O’Neill, m Holt County, Nebraska, be and it hereby is fixed as the time and place for hearing on said petition, and it is ordered that notice of the pendency of said petition and of the time and place set for the hearing thereof be given to all persons interested in said estate by the publication of this order for not less than three successive weeks prior to said day of hearing in a legal news paper published in Holt County, Ne braska. (Seal) C. J. MALONE, 36-3 County Judge. (First publication February 8.) NOTICE TO CREDITORS. In County Court Within and for Holt County, Nebraska, February 6, 1917. In the Matter of the Estate of Klaus H. Freisen, Deceased. To the Creditors of Said Estate: You are hereby notified that I will sit at the County Court Room in O’Neill, in said County, on the 6th day of March, 1917, and on the 10th day of August, 1917, to receive and examine all claims against said estate with view to their adjustment and al lowance. The time limited for the pre sentation of claims against said estate is six months from the 10th day of February, A. D., 1917, and the time limit for the payment of debts is one year from said 10th day of February, 1917.: Witness my hand and the Seal of said County Court, this 6th day «f February, 1917. (Seal) C. J. MALONE, 35-4 County Judge. (First publication February 1.) NOTICE. The State of Nebraska, County of Holt, ss. In The County Court. Notice is hereby given that, petition having been filed in the County Court of Holt County, Nebraska, for the ap pointment of an administrator for the estate of George H. Estes, deceased, late of Mills County, Iowa, the same is set for hearing at 10 o’clock A. M., on Saturday, the 24th day of February, 1917, at the office of the County Judge in O’Neill, in said County, at which time and place all persons interested in said estate may appear and be heard concerning said appointment. Given under my hand and official seal this 29th day of January, 1917. (Seal) C. J. MALONE, 34-3 County Judge. First publication January 25.) PROBATE NOTICE. O’Neill, Neb., January 22, 1917. In the matter of the Estate of William J. O’Connor, Deceased: Notice is hereby igiven that the creditors of said Deceased will meet the Executors of said estate, before me, County Judge of Holt county, Ne braska, at the County Court room in said County, on the 19th day of Feb ruary, 1917, on the 19th day of May, 1917, and on the 20th day of August, 1917, at 10 o’clock A. M. each day, for the purpose of presenting their claims for examination, adjustment and al lowance. Six months, from February 19th, 1917, are allowed for credtiors to present their claims, and one year for the Executors to settle said estate from the £2nd day of January, 1917. After six months from February 19th, 1917, all claims barred. This notice will be published in The Frontier for four weeks successively, prior to the 19th day of February, 1917. (Seal) C. J. MALONE, 33-4 County Judge. Uttley Discusses County Matters. To The Editor of Frontier: An article was published last week in the Holt County Independent which some people may consider of great importance. If the truth were known however, it was nothing more nor less than a direct insult to the intelligence of the people of the County. So far as I am personally concerned I do not care anything about it, and were it not for the fact that I desire the Public to know the real truth of the matter so far as I am concerned, I would not take the trouble of noticing it eithsr Publicly or otherwise, only as I might poke a little fun perhaps at the editor personally. The case to which he has reference in the article is entitled M. T. Hiatt and H. M. Uttley vs. The Board of Supervisors of Holt County,Nebraska. Th. D. Sievers, chairman, Henry W. Tomlinson, Frank O. Hammerburg, Michael P. Sullivan, J. O. Hubbeil, Charles A. Farquier and David M. Stuart constituting said Board. The case was begun in February or March, 1915, and before the answer day came for the defendants and be fore they had made any appearance in the case at all the Honorable Dis trict Court sustained a motion filed by the County Attorney and dismissed the case at the costs of the Plaintiff. The plaintiff at once took the same to the Supreme Court and on October , LGth, 1915, the Supreme Court reversed the case with the following Judgment: ( ‘The judgment of the District Court is reversed and the cause remanded , with directions to overrule the motion to dismiss the case, and permit ap pellants to amend the title of the case and make the County a party defend- . int, if they so desire. If they fail to amend within a reasonable time to ' Jisniiss the action at their costs.” ’ Within Three/days after the man- : late was returned to the District ! Court an amended petition was filed 1 t>y the Plaintiffs and an order made ‘ by the District Judge for defendants to answer in Thirty days. Afterwards at the suggestion of the ! Court an amanded and substituted 1 petition was filed, this was along early i in 1916, (exact date I am unable to 1 [jive not having the record at hand) and the defendants required to plead i thereto within fifteen days. No plead- 1 ing however of any kind was filed by ’ the defendants until I think November 1 25th, 1916, when a motion was filed 1 to which the plaintiff filed a motion on 1 January 6th, 1917, to strike same ] from the files, which motions were both argued and by the court over ruled on January 25th. The case is now set for trial February §th. .me pc Vi ti vii umiges uie JL/eieiiuanus as follows: “The plaintiffs allege the facts to ] be that the defendants have been since the levy of the taves for 1914 unlawfully and in violation of the statutes allowing and paying illegal and unauthorized claims as herein after set out, and have thereby ex- . bausted all the funds levied for the 1 legal expenses properly incurred for i and during the year 1914, and that at i the time of the filing of this action s there is still outstanding bills amount- ‘ ing to several thousand dollars. That ! a large part of said bills so unpaid < and on file as a charge against the - :ounty are void and illegal, and con- ; stitute no legal charge against Holt ‘ County, for the reason that no con tract has been made by the Board of Supervisors with the parties filing t said bills to perform the service or , furnish the supplies therein charged , for, nor have any of said parties been employed by the Board of Supervi- * sors to perform said service, or fur- ( nish said supplies for the county; and , that the Board of Superviors will un- , less restrained by an order of this eourt in the future as in the past con- < tinue to pay out money of Holt County for claims and bills which are s unlawful and void and for which no liability attaches to Holt county or the funds raised by taxation therein.” ■ Then follows fourteen or fifteen 1 separate and distinct allegations of such violations by the Board of Super visors and a prayer for an injunction and judgment against the individual members for the money they have un lawfully paid out. Realizing that because of the dila tory tactics of the defendants a hear ing would not be had before the ex piration of the time of that board an action was brought to oust the members of that Board still remaining in office from their ofcffie; this action was filed some time I think in March, 1915, and was by dint of hard work on the part of the plaintiffs got to trial and tried on May 6th to 15th, 1915. The petition in this case charged al most word for word the facts which are charged in the petition in the case now set for trial February 8th. A judgment was rendered by the Dis trict court dismissing the action at the costs of the plaintiff, the case was promptly taken to the Supreme Court and June 3rd, 1916, is was reversed by the Supreme Court in the follow ing language: “Subdivision 14 complains that de fendants did during 1914 unlawfully pay out a large amount of County Money, levied and collected for the purpose of the expenses of Holt County for the year 1914 for bills filed, supplies furnished and work and labor done during the year 1913, and prior thereto, without having included such bills or claims in the estimate of expenses made by them as required by law at the first meeting in January, 1914, among which were bills to the Western Bridge & Construction Com pany amounting to Eighteen Thous and dollars or more, Bills to the Klopp Bartlett Printing Company amounting to one thousand or more and to others whose names are unknown to plaintiff. That all of these acts were wholly, en tirely, and directly in violation of the statutes.” The Court further in the opinion as follows: "In reacning tne conclusion tnat tne judgment of the District court should be affirmed, we have not been able to shut our eyes to the fact that the De fendants, in transacting the business 3f the County, have so frequently acted contrary to the method of pro cedure pointed out by statute that Plaintiffs are not entirely without justification in instituting the present action. We are impressed with the conviction that they have also acted in good faith. In such a case, who should bear the costs of this litigation? We think such costs should be taxed to the parties whose carelessness in the discharge of Public duty caused the making of such costs. Such a course will prevent carelessness on the part of the defendants in the future, and will also be a salutory ad monition to the commissioners of other counties in the State to dis charge their duties in accordance with the requirements of Statutes enacted for their guidance.” “The judgment of the District court is therefore affirmed in so far as it dismisses the action, but reversed in so far as it tvxes the costs to the plaintiffs, and tne cause is remanded to the District Court with directions to tax all costs in the action to the de fendants; Defendants also to pay the costs in this court.” From this it appears to me that the Supreme Court was clearly of the >pinion that the bringing of the action was proper, and should have been by ;he court upheld. Now I wish the people distinctly to mderstand that all this litigation has >een carried on, by myself at my own expense, for th'e benefit of the people )f Holt County. I have commenced 10 action whatever against the pres ent Board of Supervisors, I have lowever notified them in one or two nstances that if they persist in doing certain things as they had indicated ;hey would do that I should un loubtedly bring an action against ;hem personally to recover the money mlawfully paid out. If the people of this county think it s necessary to pay out for any office n the county three thousand four mndred dollars, when all the office can earn as shown by the sworn report of he officer is from $680.00 to about SI,000.00 it is high time, in my judg nent that they should make such feei ng manifest in some manner, and this ondition of affairs exists with relation o more than one office, and the itatute emphatically says that the bounty Supervisors shall allow help n the various offices only as they ihall find actually necessary to do the >usiness of the office. I am in no manner contending or isklng for anythig except what the Statute plainly and specifically pro vides, and I shall continue to do this intil I am clearly convinced that the aw does not mean what it says or hat the people are willing to be >lundered without any limit. Respectfully, H. M. UTTLEY. KEEP THE KIDNEYS WELL lealth is Worth Saving, and Some O'Neill People Know How to Save It. Many O’Neill people take their lives n their hands by neglecting the kid ieys when they know these organs leed help. Weak kidneys are respon ible for a vast amount of suffering md ill health—the slightest delay is langerous. Use Doan’s Kidney Pills —a remedy that has helped thous mds of kidney sufferers. Here is an )’Neill citizen’s recommendation: R. H. Mills, proprietor of confection ry store, O’Neill, says: “I have had io further need of Doan’s Kidney ’ills since recommending them some ime ago. I still praise them because if the very satisfactory relief they ;ave me from backache and lameness had when my kidneys were dis irdered.” Price 50c, at all dealers. Don't imply ask for a kidney remedy—get )oan’s Kidney Pills—the same that ilr. Mills had. Foster-Milburn Co., ’rops., Buffalo, N. Y. t-——-1-—— t " PAID ADVERTISING i Paid announcements will ap- ft pear under this head. If you have anything to sell r or wish to buy tell the people of I it in this column. Five cents per line each week | for announcements in this col- I umn. JAMES LOAB’S SALE WILL BE held on February 20th. 31-6p WHY PAY MORE? MEALS AT all hours, 25 cents.—Beha Hotel.30t FOR SALE—THREE SHOW CASES 1 safe, 3 clothes racks, 2 display tables.—O’Neill Clothing Co. 32 FOR SALE—STRICTLY MODERN House.—Sam A. Arnold, Phone 209. 25tf FOR SALE—HOUSEHOLD FURNI ture. Enquire of Mrs. Harry F. Reed. 35-2p JUST GOT IN A FULL LINE OF U. S. tires and tubes.—City Garage. 34-tf WHEN YOU WANT BETTER Shoes we have them. — Fred Albert. - 46-tf NOW IS THE TIME TO &ET YOUR cars in for overhauling.—R. L. Ar buthnot. 35-3p FINE LARGE ROOM, STRICTLY Modern, close in, inquire of The Frontier office. 36 TWO WELL IMPROVED FARMS for rent, 160 acres each.—Inquire of Joel Parker, O’Neill, Neb. 36-1 WANTED — GOOD SHORTHORN bull, abtmt 18 months old. Must be gentle. Give price.—G. D. Janzing, O’Neill, Nebraska. 35-2p FOR SALE—240 A. HAY LAND 5% M. S. W. O’Neill. Price $20, % cash.—-E. H. Whelan. 35 MONUMENTS AND MARKERS— tv il-ix gian cniiiiiiai/cu.-o. vv . Ellis, address O’Neill, Neb. 35-2p COME AND BUY SOME GOOD Flour. You used that red dog long enough. The extra 10c don’t save anything.—Con Keys. 36 KODAK FINISHING — LOWEST prices. Strictly professional work. Prompt service. Send for price list. —W. T. Mohler, Fremont, Neb. 31tf KODAK SUPPLIES. KODAK AM ateur finishing developing, any size roll of film, 15c; prints or post cards, 5c each.—W. B. Graves. 44-tf. FOUND—SUNDAY, JANUARY 21, a dark brown scarf. Owner can have same by proving property and paying for this notice. FOR SALE—EIGHT WHITE FACED bull calves, coming yearlings, and fifty head, two year old heifers. All A No. 1. See Hunter'& Moore. 32— A LARGE RETORT OAK AND A Topsey stove for sale. Both com paratively new. Or to trade for a range cook stove.—Wm. Fallon. 34tf NEW STARK, HIGH GRADE PIANO to exchange for team, buggy and harness. Will give a square deal. Write J. W. Ellis, O’Neill, Neb. 35-2p FOR SALE — WILL SELL 130 acres of stalks, also 8 stacks of hay. Inquire Wintermote school section, 4 miles north, one west of Chambers, Nebraska. 29_ FOR SALE AT A BARGAIN, MY residence two blocks from P. O. Has bath, lights, furnace, plenty closets. Small cash payment and low interest will handle.—E. H. Whelan. PURE WHITE BLOSSOM CLOVER seed for sale. Hulled or unhulled $10 and $7 per bushel. Orders of 8 bushels and over 10 per cent discount. Sacks extra.—Richard Burtwistle, Bliss, Holt County, Neb. 35tf FOR SALE — THE TWO BEST building lots in O’Neill, two blocks from P. 0. Shade trees already grown. Can sell you lots from $500 down to $100. No tax deed stuff. Ab stract and warranty deed.—E. H. Whelan. 35. LOST—ON THE OPPORTUNITY road between McKeown’s place and the school house, a new black dog skin fur coat, the night of Saturday, January 13. Finder please return to Frontier office or notify' G. A. An derson. 36-2p For a Billious Attack. When you have a severe headache, accompanied by a coated tongue, loathing of food, constipation, torpid liver, vomiting of partly digested food and then bile, you may know that you have a severe billious attack. While you may be quite sick there is much consolation in knowing that relief may be had by taking three of Cham berlain’s Tablets. They are prompt and effectual. Obtainable every where. 34-4 Severe Cold Quickly Cured. “On December first I had a very severe cold or attack of the grip as it may be, and was nearly down sick in bed,” writes O. J. Metcalf, Weatherby, Mo. “I bought two bottles of Cham berlain’s Cough Remedy and it was only a few days until I was com pletely restored to health. I firmly believe that Chamberlain’s Cough Remedy is one of the very best medi cines and will know what to do when I have another cold.” Obtainable everywhere. * 34-4 GIVING AWAY AN AUTO. The Lincoln Journal in connection with it’s farm paper. The Nebraska Ruralist, is giving a Ford runabout to the person securing the most subscrip tions during the month of Fubruary. rhe contest is open to anyone and a commission of 20 per cent is paid on ill subscriptions turned in. The lournal is Lincoln’s only morning pa per. The Ruralist, formerly The In iependent Farmer, makes a specialty >f articles and farm news of interest to Nebraska farm homes. While the contest is statewide, the probability is that there are enough prospective sub scribers in any locality to win the auto for a contestant. For further infor mation as to the contest, address The Stat^ Journal, Lincoln, Neb. EDWARD H. WHELAN • * £av/yep * V PRACTICE IN ALL COURTS -0 O’NEILL, NEBRASKA The O’NEILL ABSTRACT COMPANY Compiles Abstracts of Title THE ONLY COMPLETE SET OF ABSTRACT BOOKS IN HOLT COUNTY. CLhe 5ai?itapy )Meat Market We have a full line of Fresh and Cured Meats. Pure Horn* Rendered Lard. Wrn. Simpson Naylor Block Phone .150 Dr. E. T. Wilson Physician and Surgeon 1 SPECIALTIES: Eye, :: Ear, :: Nose :: and :: Throat Spectacles correctly fitted and Supplied Office and Residence—Rooms No. t, and 3, Naylor Block O’NEILL, NEB. FRED L. BARCLAY k STUART, NEB. \ Makes Long or Short Time Loans on Improved Farms and Ranches. If you are in need of a loan drop him a line and he will call and see you. DR. J. F. G1LLIGAN Physician and Surgeon Special attention give to DISEASES OF THE EYE AND CORRECT FITTING OF GLASSES Walter P.Hombach, M.D. Physician and Surgeon Office over Pixley’s Drug Store. Phones 218-202-12 DR.H.MARGARET FROST OSTEOPATHIC PHYSICIAN Naylor Building O’Neill, Neb. All Diseases Treated Phone 262. ^ To our Patrons and Prospective J Patrons: THE SCHLITZ HOTEL is not closed, nor will it be foi some time to come. The same Splendid Service, at A Popular Rates, will be maintained in the future as in the past. P. H. PHILBIN, President. 314-322 South 16th St. OMAHA. NEBU, W. K. HODGKIN on Lawyers Office- Nebraska State Bank Bldg. Reference: O’Neill National Bank. O’Neill, :: :: :: Neb. A>aiaB^0o<i ^ Title Abstractors Office in First National Bank Bldg WHEN INOMAHA VISIT THE <£o^e?& “°SFun every'week Musical Burlesque Clun. Cl„„ Aik An,bod, DON'T CO HOME SAYING: \ DIDN3T VISIT THE GAYETY Something Good. Those who hate nasty medicine should try Chamberlain’s Tablets for < constipation. They are pleasant to \ take and their effect is so agreeable " ind so natural that you will not realize that it has been produced by a medicine. Obtainable every where. 34.4