The Frontier.
VOLUME XXXVII. O’NEILL, NEBRASKA, THURSDAY, MAY 3, 1917. NO. 47.
TIE PROHIBITION LAW
[Introduced by Representatives Nor
ton, Chairman; Thomas, Waite,
Flansburg and Hostetler.]
(Special Committee on Prohibitory
Amendment.)
Title—An Act to regulate and pro
hibit the manufacture, sale, giving
away, barter, carriage, possession
and use of malt, spiritous, vinous,
alcoholic and intoxicating liquors;
providing for the enforcement there
of; fixing penalties; providing an
appropriation therefor and to repeal
Sections 3844 to 3894, inclusive, of
the Revised Statutes for 1913; and
declaring an emergency.
Be It Enacted by the People of the
State of Nebraska:
Section 1. Definitions.—The words
‘"intoxicating liquor” or “intoxicating
liquors” as used in this act, shall be
construed to embrace all malt, fermen
ted vinous or spirituous liquors, wine,
porter, beer, ale, or any intoxicating
drink, mixture or preparation of like
nature, and all malt or brewed drinks,
and all mixtures or preparations,
whether patented or not, which will
produce intoxication, and, in addition
thereto, such liquors of a different
character and not hereinbefore en
umerated capable of use as a beverage
containing over one-half of one per
centum of alcohol. Natural persons,
unincorporated associations of per
sons, partnerships and corporations
shall be deemed persons. All forms of
the pronoun “he” shall be held to
stand for persons as herein defined ir
respective of gender.
The tei'm “private dwelling house”
shall mean a sepai’ate dwelling with a
separate door for ingress and egress
exclusive of outbuildings, and used ex
clusively as a pxdvate l-esidence and
not connected by doors or otherwise
with any place of business except
doctors,’ Dentists and veterinary sur
geons’ offices and not connected with
any factory, shop, warehouse, club, or
other place or building. The term
shall include a room or a suit of rooms
actually used as a l'esidence in an ap
partment house or block separated by
walls from all other rooms in such
building and without any door or other
opening whereby a communication
may be had with other rooms except
doox-s entering into the main hallway.
Sec. 2. Prohibitions on liquors in
general.—It shall be unlawful for any
person to manufactui’e, sell, keep for
sale or barter, give away, barter, ex
change, tx-ansport, purchase, or to sell
or barter under any pretex, any malt,
spiritous, vinous and intoxicating
liquors, except only certain liquors, for
medical, mechanical, scientific or sac
ramental purposes by persons specially
authorized in the manner and to the
extent only as hereinafter provided.
It shall be lawful, however, for any
person to make, keep or sell sweet
cider, unfermented wine, wood alcohol,
and denatured alcohol, and nothing
herein contained shall be construed to
prevent the bona fide manufacture and
sale of vinegar.
Sec. 3. Bootlegging.—It shall be
unlawful for any person to, in any
manner, knowingly carry, transport or
deliver any intoxicating liquor to or
for any person to be kept, stored, sold,
furnished, given, traded or othei-wise
disposed of in violation of law.
Sec. 4. Delivering to minors—In
dians—idiots—drunkards—dipsomani
acs, etc.—penalty.—It shall be un
lawful to give, furnish, or deliver any
intoxicating liquor to be used as a
beverage, to any minor, indiot, insane
person, apprentice, Indian of the whole
or mixed blood, or to an habitual
drunkard.
Sec. 5. Intoxication a misdemeanor.
—If any person shall be found in a
state of intoxiccTtion, he shall be deem
ed guilty of a misdemeanor, and any
peace officer shali without a warrant
take such person into custody and de
tain him until a complaint can be filed
before a magistrate and a warrant be
issued for his ai’rest; upon arrest if
■ found guilty he shall for the first of
fense, pay a fine of not less than ten
nor moi-e than fifty dollai-s and the
costs of pi-osecution, or shall be im
prisoned in the county jail not less
than fifteen nor more than thirty days;
for a second or any subsequent offense
he shall be imprisoned in the county
jail not less than thirty nor more than
not less than thirty nor more than
sixty days; provided the judge or
magistrate before whom sin h person
was convicted may remit all or any
portion of such penalty and order the
prisoner discharged on his giving in
formation, under oath, stating when,
where, and of whom he purchased or
received the liquor which produced or
contributed to his intoxication, and
give bond in the sum of not less than
fifty dollars to appear and testify
against the party selling, giving or
furnishing the liquor which caused or
contributed to his intoxication.
Sec. 6. Drinking in public places.
—Any person who shall publicly drink
any intoxicating liquors on any street
car, or railroad car, or at any passen
ger waiting room or waiting place of
any carrier of passengers, shall be
guilty of a misdemeanor, punishable
by a fine of ten dollars, or by im
prisonment in jail not to exceed thirty
days. Conductors and superintendents
of waiting rooms or waiting places
may exercise the powers of a police
officer for the enforcement of this
section.
Sec. 7. Soliciting orders — giving
information.—It shall be unlawful for
any person to enter into any contract
for the delivery of, or to solicit, take,
or receive any order in any manner
whatsoever for any purchase or sale
of any intoxicating liquor to be used
as a beverage, or to give to any other
person, for the purpose of aiding in
the violation of any of the provisions
of this act, any direction or informa
tion by which intoxicating liquors can
or may be secured as a beverage.
Sec. 8. Advertising liquor unlaw
ful.—It is hereby made unlawful to
advertise intoxicating liquors in any
public place, or within view of the pub
lic on any sign, billboard, or building,
or to circulate or display posters price
lists, newspapers, periodicals, or other
written or printed matter within this
state, containing advertisements of
any intoxicating liquors, or to circu
late any price lists or order blanks for
the purpose of securing orders for
such liquor. Any sheriff, constable or
other police officer is authorized and
directed to remove any such adver
tisement from any sign, billboard,
buliding or other public place when it
comes to his notice.
Any person offending against the
provisions of this section shall be
guilty of a misdemeanor and on con
vicition thereof shall be punished by
a fine of not less than twenty nor more
than one hundred dollars for each and
every violation.
Sec. 9. Signs, etc.—It shall be un
lawful for the owner of any premises,
or the agent, tenant, or the person in
control thereof, after ten days from
the taking effect of this act, to know
ingly allow any letters, words, signs,
pictures, or other matter advertising,
purporting to advertise, or which has
been used to advertise intoxicating
liquors, to remain in or upon said
premises.
Sec. 10. Clubs, hotels, etc.—It
shall be unlawful for any club, society,
or association, or combination of per
sons, hotel, restaurant, rooming house,
boarding house, road house, boat or
boat- house, or any place of public en
tertainment or resort, or for any of
their officers, proprietors, owners,
managers, members, servants or em
ployees to keep, or to aid and abet in
keeping, or to have in his or its po
session, in lockers, or in any other
manner, any intoxicating liquor for
the purpose of barter, sale, use or gift
as a beverage, or for the delivery, di
vision, or distribution of the same in
any manner whatsoever.
A “club” within the meaning of this
act shall be taken to include any or
ganization, combination of persons, or
association of two or more persons
who shall procure or receive for sale,
trade, gift, barter or distribution
among themselves or others any in
toxicating liquor, except religious
societies or churches having such
liquors for use for sacramental pur
poses only. Any chartered club or as
sociation of persons incorporated un
der the laws of this state that shall
be found guilty of a violation of any
of the provisions of this act, or that
maintains or keeps any such place in
erasBiWiBiiOTttliBgfgssssJSis_
i |
if $8,000.00 |
js was what Morris S. Effingham did not lose. gj
gt Burglars broke into his store. They broke m
tj± into his safe. They found 93 cents in the safe. g
They got 93 cents. They could not get the
$8,000. It was in the Bank.
Ilf your money is in this Bank, no K3
one can get it, but those you wish S
to have it. If you keep it in cash, ijs
anyone can get it. Jgj
g THE O’NEILL NATIONAL BANK
g O’Neill, Nebraska |
m This bank carries no indebtedness of officers or stock- juj
holders, and '^e are a member of The Federal Reserve Bank. [g
Capital, surplus and undivided profits $100,000.00. S
violation of law as hereinbefore de
scribed, shall, in addition to the
general penalties provided by this act,
forfeit its charter, and such for
feiture shall be declared and enforced
as now provided by lav; for such for
feiture.
Sec. 11. Possession of liquor.—Any
person may purchase and keep in his
possession ethyl alcohol treated as re
quired by this act so as to be unfit for
use as a beverage. It shall be un
lawful for any person to have, possess
or permit any intoxicating liquor to
be in, upon or about any room, office,
building or in any other place except
in such person’s private dwelling
house, and except when and where and
in the manner especially authorized
as herein otherwise provided; and
no person shall keep or possess in
toxicating liquor in his private dwell
ing house in an amount more than is
reasonably sufficient for his personal
use and needs: Provided, however,
the provisions of this act. or based,
upon complaint of any violation
thereof, or in any civil action growing
out of any such actions, the possession
in and of itself, of any intoxicating
liquor in a private dwelling house
by the person against whom the vio
lation of the act is charged, shall
ennstitute prima facie evidence that
such liquor was kept by such person
with the purpose of unlawful sale, use
or disposition in violation of law.
Sec. 12. Carriers—transporting.
—It shall be unlawful for any rail
road company, express company, com
mon carrier, or any other carrier or
person, or any officer, agent, servant,
or employe thereof, to deliver or per
mit, aid, or abet in delivering, or
carry for the purpose of delivery, any
intoxicating liquor, to any person ex
cept pure ethyl alcohol to wholesale
druggists, retail druggists, scientific
institutions and hospitals and wine
for sacramental purposes to whole
sale druggists, church goods houses
and to authorized representatives of
churches and religious societies as
provided in this act; or to any person
other than the original consignee, or
to deliver to any fictitious consignee
or to a consignee under a fictitious
name; or to any person who is known
to the carrier to have violated any of
the laws of Nebraska relating to in
toxicating liquors during the preced
ing year.
No delivery shall he made unless
and until the original consignee shall
make and subscribe an affidavit in
substance as follows:
State of Nebraska, ss.
County of .
t hpinp* first
duly sworn, on oath, depose and say
that I am the original consignee of a
certain parcel or package containing
intoxicating liquors, which is now in
the possession of the following named
carrier, to-wit: . That
said package contains the following
amount and kind of liquor
that I have not violated any of the
provisions of the laws of Nebraska re
lating to intoxicating liquors within
twelve months last past, and I have
complied with all the requirements of
the law to authorize me to receive
such liquor, that my business ad
dress is.. .. Nebraska, street
No.. The liquors herein
described are for . purposes.
.Consignee.
(Sign full name, not initials only.)
Subscribed and sworn to before me
this . day of . 19.
Received from the above named
carrier the liquors above specified,
Date . 191
Original Consignee.
If the applicant for said liquors is
unknown to the delivering carrier, its
agent, servant or employee, or if
agent, servant or employee, or if such
agents, servants or employes, have
reason to believe that the person ap
plying for said liquor is not the
original and bonafide consignee, then
said liquor shall not be delivered to
said applicant until he shall have been
identified, under oath, by a reputable
person known to said agent, servant,
or employee making such delivery,
which identification shall be endorsed
on the affidavit of the applicant afore
said. Any person making a false
statement in the affidavit or identifica
tion, as above described, shall be
deemed guilty of a misdemeanor, and
on conviction, shall be fined not less
than fifty, nor more than one hun
dred dollars, or be imprisoned in the
county jail not less than ten nor more
than sixty days. The oath aforesaid
may be administered by any officer
authorized to administer oaths, and
for that purpose the carrier’s agent,
when duly designated by the carrier,
if within and a resident of this state,
is hereby authorized to administer
oaths to persons proposing to receive
such liquors.
The affidavit as above described shall
be made in duplicate copy, and within
ten days after the first of each month,
one copy shall be filed by the carrier
with the governor and one copy with
the county clerk of the county in which
the delivery was made. While in the
possession such afiidavit shall be open
to public inspection
The said county clerk shall keep
for a period of three years the original
affidavits thus filed in a book of rec
ord, properly indexed, in the manner
in which chattel mortgages are kept,
indexed and filed, said files and rec
ord, to be open to public inspection.
In all cases of the sale of intoxica
ting liquors in which a shipment or de
livery thereof is made by a common
carrier or other carrier, the sale ]
thereof shall be deemed to have been
made in the county wherein the de
livery thereof is made by such carrier
to the consignee. A prosecution for
any illegal sale of intoxicating liquor
may be made in the county wherein the
consignee or the consignor resides if
within this state.
(Continued on page four.)
LOCAL MATTERS.
Rev. Brauer was in Atkinson Tues
day.
John Addison of Mineola, was in
town over night Wednesday.
P. 1). Mullen made a business trip
to Ainsworth last Tuesday night.
Miller Skdrla and Eddie Tomsiek
were down from Atkinson last Wed
nesday.
Ben Haigh of Atkinson, was in the
city Thursday visiting with friends.
W. J. Hammond went down to
Omaha Sunday morning on profes
sional business.
J. J. Harrington iR going to Valen
tine. this afternoon to look after some
business matters.
J. A. Donohoe went up to Bassett
Sunday evening to look after some
professional matters.
K. A, Pound was in Norfolk Friday
and Saturday of last week attending
to some business matters.
Judge Dickson and Court Reporter
Scott returned Wednesday afternoon
from a term of court at Bassett.
Arthur Wilson was down from Em
met Wednesday and made a pleasant
call at this office while in the city.
Thomas J. Coyne and William J.
Biglin went down to Norfolk Tuesday
afternoon to attend a dancing party in
that city.
J. J. Harrington returned Monday
morning from the western part of t|je
county where he had been on pro
fessional business.
County Attorney Hugh Boyle re
turned Wednesday morning from Bas
sett where he attended a short term
of the district court.
Alva Plummer returned from Craw
ford Monday morning where he had
been for several days looking after his
interests in that section.
Mrs. Anthony Murray returned last
Friday afternoon from Cedar Rapids,
and Omaha, where she had been visit
ing relatives and friends.
Mrs. Herman Ocbser and Mrs. Julia
Duft left Wednesday morning for Mil
waukee to attend the funeral of a
Titer ‘who died in that city.
Andrew J. Edgier of St. Francis, S.
D., and Elizabeth Bouska, of Atkinson
were granted a marriage license by
the county judge last Satudray.
E. H. Whelan went down to Hust
ings Saturday where Sunday evening
he Was the principal speaker at a K.
C. banquet held in that city on that
evening.
a delegation ot students trom tne
Atkinson High School were in the.
city Tuesday to witness the presenta
tion of the O’Neill high school class
play, “A College Town.”
La:,. Friday morning, while crank
ing his Jitney, the pesky thing kicked
backward and as a result William
Shroeder received a broken arm, just
above the wrist.
Tile doctors of Antelope county have
formed an organigation to be known as
the Antelope county Medical Associa
tion and will hold regular meetings of
the association at Neligh.
W. F. Porter, former secretary of
state, will speak in the Presbyterian
church Sunday evening, May 13th. The
subject he has selected is “The Bible.”
Young people are especially invited to
attend.
E. J. Grenier, one of the active and
hustling farmers of the Opportunity
country, was an O’Neill visitor last
Tuesday and made a short call at this
office, advancing his subscription to
this household necessity for another
year.
W. F. DeMay, district area manager
for the Nebraska Telephone Co., with
headquarters in O’Neill, revurned
from Long Pine, Stuart and Atkinson
Saturday morning, where he had been
looking after the interests of his
company.
Mrs. J. F. O’Donnell and daughter,
Miss Grace, and Mrs. John Skirving,
left Sunday morning for Omaha,
where they will spend a few days
visiting friends. From there they will
go to the old family home at Jefferson,
Iowa, for a short visit.
A surpise party was given Frank
Gallagher, at the home of his parents,
Mr. and Mrs. J. P. Gallagher, last Fri
day afternoon, a party of his little
friends calling and helping him cele
brate his sixth birthday. All the lit
tle folks enjoyed a very pleasant time.
If, as reported in an Omahn daily,
there are 15,000,000 pounds of sugar
in storage there, some official should
get busy and use the anti trust laws
upon the holders. If this was placed
upon the market sugar would not be
selling at about double its regular
price.
E. II. Whelan will leave Saturday
morning for Albion where he is to
preside as toastmaster at a K. C. faan
nuet to be held in that city Sunday.
Judging from the demands made upon
him Mr. Whelan’s reputation as an
after dinner speaker and toastmaster
is becoming quite universal.
Although Nebraska went officially
dry on the first day of May it has con
tinued to rain every day sirtce and in
fact for several days before May first.
Old timers aver that never in the
history of the county have we had
such a cold and backward spring.
Many are afraid that the cold wet
weather will rot the potatoes planted
the forepart of April.
According to the daily press about
$35,000 a day was spent in Omaha for
liquor during the last few days of the
“open season.” A mathematician done
some figuring and found that if it all
was spent for whisky at $4 a gallon
that it would purchase about 9,000 gal
lons a day, which should be sufficient
to relieve the thirsty Omaha popula
tion for some time to come.
A gentelman from Neligh is here
this week with his moving outfit and
is moving the old Mellor & Quilty barn
east from its present location, to make
roim for the erection of his new gar
age, on the west corner of his lots.
Jess rays that he is going to build one
of the finest garages in this section of
the state, which will be a splendid im
provement to that part of the city.
Ed. Gallagher Jr., and W. J. Boyle
have filed their applications to become
members of the officers training camp
at Fort Snelling, Minn. The govern
ment has established a training camp
there and for the next three months
will train young men for officers of the
army of 500,000 that will be raised at
once. It will take 10,000 officers to
equip the several companies of this
army of a half million men.
VV. il. Decker of Page, was a caller
at this office last Monday. The past
winter Mr. Decker was chief clerk of
the bill voom in the house of repre
sentatives at Lincoln and more than
made good on the job. He filled that
difficult position so well that he was
offered and accepted a position in the
office of the secretary of state and will
enter upon the discharge of his new
duties the first of next week.
Harry G. Jordan returned from
Lincoln and Omaha the latter part of
last week where he had been pur
chasing seed potatoes for the farmers
of this vicinity. Mr. Jordan secured
200 bushels in Lincoln and 400 bushels
in Omaha and they arrived in this
city last Tuesday night. The potatoes
are Early Ohio and are some of the
finest seed potatoes ever seen in this
section. They will be sold to farmers
of this vicinity for seed at just what
they cost the business men of the
city, $3.75 per bushel.
L. E. Harding, one of the pioneer
settlers of this county, died at a hos
pital in Omaha Wednesday afternoon,
after an illness of several months of
Bright’s disease. Mr. Harding had not
been feeling well for the past year and
the forepart of the winter he went to
Omaha for medical treatment and re
mained there up to the time of his
death. The remains will bo shipped
to this city and will probably arrive
tonight. Mr. Harding leaves a couple
of brothers and several children to
mourn his death. Obituary next week.
The closing month of old man Bozo’s
regime in O’Neill proved to be a tame
one, if the records of the police court
are to be accented as evidence of
activity. Only $25 was collected in
fines and turned over to the city. This
represents a $5 fine in five cases, four
of which were upon charges alleging
drunkenness, the other upon a charge
of speeding. One gent was finejj $100
for resisting arrest and evading an
officer but he is still at large and the
fine remains unpaid. Another was
banished from the city for partaking
too freely of the cup that cheers.
It is now Mayor E. H. Whelan, he
having taken the reins of government
last Tuesday morning, succeeding
Frank J. Ifishner who has filled the
position the past two years. Mr.
Dishner made a good mayor and re
tires from the office with the knowl
edge of having done his duty as he
seen it during his incumbency. Mr.
Whelan possesses the necessary quali
fications to make an ideal executive
officer of the citv and every one ac
quainted with Ed knows that he will
do his full duty while holding down
the office. Herb Hammond retires
from the office of city clerk, after
several years service, and is succeeded
by John C. Gallagher. Herb has
made a splendid city clerk, efficient,
painstaking and obliging. His suc
cessor has the qualifications to make
a splendid officer and everyone knows
that John will be’on the job all the
time. The council held a short meet
ing last Monday night, but put off the
complete organization until next Mon
day night.
Considerable levity and no little
solemnity marked the passing of the
late and lamented J. Barley Corn who
has been a resident of O’Neill dating
back to its very inception and even to
its former habitation by the Indians.
Interment was made in the cellars of
thoughtful friends and admirers
where loving care and attention, will
be bestowed upon him and where
frequent communion with his spirits
will be possible. The last few days
proceeding his demise witnessed scenes
°f many fond and passionate adieus.
Citizens, formerly unacquainted with
Mr. Corn, called upon him at his home
for a final farewell, and as they be
came acquainted they became con
genial and the better acquainted they
became the more congenial they be
came and the harder came the parting.
Although, many were hilarious at the
hour of his departure, few rejoiced at
his going. Yea, many of his closest
friends who spent the last day withhim
were ill for days following his de
parture. Mr. Corn had the faculty of
making and holding friends easily.
When one felt blue or down in the
mouth he always offered comfort and
cheer. Or on the other hand if one
felt happy, for cause, and wished to
celebrate no one would enter more
whole heartedly into it than Mr. Corn
nor would anyone go so far towards
making the celebration a success. Con
sequently he had many friends. The
final obsequires of two old friends of
Mr. Corn’s, Mr. China Pitcher and Mr. T.
Pail, who for lack of usefullness pass
ed away immediately after Mr. Corn,
were to have been held this afternoon
but owing to the inclemency of the
weather this has been postponed. Mr.
Pitcher and Mr. Pail were very in
timate with Mr. Corn and often car
ried him from his home to the head
quarters of friends and admirers.
Whether he came to provide the'
reason for a game of cards or to fur
nish ammunition for an argument on
schedule K. he was always received
with much rejoicing and all felt better
for his coming. There is some talk of
a military funeral for Messers Pitcher
ami Pail their usefullness rivaled that
of Gungadin, of Kipling fame. A1 K.
Hall and Tom and Jerry, inseperable
companions' of Mr. Corn, have also
left us. A distant relative of Mr.
Hall’s named Wood will remain in
spite of his unpopularity.
Please Take Notice.
On and after May 1st,' 10 per cent
will l>e added to all laundry bills to
help cover increased cost of supplies.
47-2 O’Neill Sanitary Laundry.
Hay Up In The Clouds.
With the continuing spell of wet
weather and a heavy snow falling
from Emmet west to Chadron and up
in the Black Hills the price of hay is
soaring higher and higher every day.
The market in Holt county has jumped
from $11 per ton ten days ago to
$17.50 last Friday and now is from
$20 on up to $21.50, with eastern buy
ers on the ground willing to pay any
price asked if they only can get the
stuff. The snow to the west is wet,
heavy and ranges from four to six
inches deep on the level, livestock suf
fering severely as a consequence. Be
cause of the demand for provinder for
the starving stock on the ranges hay
shippers are giving preference to
shipments west. The heavy roads
prevent the bailing and hauling to
market of thousands of tons .in the
county and as a result that stored at
allgthe shipping points practically is
exhausted. None at all is to be had in
O’Neill. _
Students Present Class Play.
The seniors of the O’Neill high
school presented their class play, “A
College Town,” at the K. C. Hall on
last Tuesday evening to a large and
appreciative audience. The young
men and women who took part,
a great majority of whom had never
previously appeaded in public, were
all exceptionally good. If these young
people decide to go to Chambers we
can assure the people of that com
munity an evening of real enjoyment,
witnessing this play. The cast fol
lows:
Jimmie Cavendish .Francis Cronin
Tad Cheseldine . John Gilligran
Leviticus . William Froelich
Major Kilpepper . Francis Mullen
Prof. Senacharrib Popp ...Dee Snyder
Scotch MacAUister Charles Cronin
Shorty Long . Edward Davidson
Billy Van Dorn . Lysle Curtis
Dr. Twiggs . Francis Mari.
Miss “Jim” Channing .
.. Elizabeth Gribble
Marjorie Haviland . ... Blanche Baker
Mrs. Baggsby—“Ma” Joyce Bressler
Miss Jane Cavendish .... Ruth Murnan
Mrs. Cleopatra Popp .
Elizabeth Mitchell
Mrs. Mollie Stiles .Susie Wedtfeldt
Mrs. Twiggs.Ruth Simonson
Miss Twiggs . Lucile Wood
...
NEBRASKA’S PROTECTION
The careful plans ahd guidance of officers jj
of experience means strength. jj
Rigid supervision by shrewd trained in
spectors means greater stability.
The Nebraska State Bank gives you both of
these assurances plus the protection of the De
positors’ State Guarantee Fund of the State jj
of Nebraska.
There have been no losses to depositors in
Nebraska State Banks under this protective
If you have money to deposit—if you need
money in your business operations—in either
case see us before acting.
| Ititt But |
