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The Frontier.
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VOLUME XLI. ' O’NEILL, NEBRASKA, THURSDAY, DECEMBER 2, 1920. NO. 26.
DISTRICT COURT PROCEEDINGS.
The jury work at the November
session of court was conpleted last
Saturday afternoon, and Judge Diek
, son excused the jurors for the term
after thanking them for the splendid
service they had rendered. The Judge
told the jurors that he was not only
well pleased with the prompt manner
in which they had reached a verdict
in the several cases, but heartily ap
proved of their conclusions in almost
every case. Not a single disagree
ment was had, a verdict being reached
in each case in a very short time, and
a verdict in each case, whether just or
unjust, is always preferable to a dis
agreement, to both court and litigants.
The verdict in the case of Gottchalk
vs. Holt County was in favor of Gott
chalk, allowing his claim of $181.00
in full. As stated before, this was a
test case, there being several cases
pending involving the same question.
It grew out of the construction of a
bridge over Cottonwood Gulch, lo
cated north of Atkinson. Several
members of the Board of Supervisors
claimed that Supervisor Bausch, who
in 1918 was a member of the Board
and Who superintended the building
of the bridge, had exceeded his au
thority. A companion case to this one
was tried last June in which Mose
Campbell of Atkinson sued the county
for the cement which went into the
construction of the bridge. At that
time, a jury was waived by agreement
of the parties and the case tried to
Judge Dickson, and he decided in
favor of the county. However, in the
Gottchalk case just tried, it develop
ed from the evidence that a claim filed
by Mr. Bausch for superintending the
work and a claim of H. W. Tomlinson
for hauling material, and also a claim
of Mr. Morgan of Atkinson, who fur
nished the hardware, were all paid by
the Board of Supervisors. Judge
Dickson instructed the jury that if
they found from the evidence that the
Board paid these bills with full
knowledge of what Supervisor Bausch
had done, that this would constitute a
legal ratification of his acts, and they
should find for Gottchalk. The jury
undoubtedly found that they were so
paid, for their verdict was for the
plaintiff. It is only fair to Judge
Dickson to say, that the question of a
portion of the claims for building said
bridge having been paid, was not
brought out in the evidence or men
tioned in the pleadings in the Camp
bell case. The only question in that
case was whether or not Supervisor
Bausch had exceeded his authority,
and Judge Dickson held that he had.
The attorneys for the County say they
will take the Gottchalk case to the
supreme court.
The case of Wm. Tackaberry
Company vs. John Wrede, known
among the court officials as the sugar
case, was tried Friday, the court hav
ing taken a recess Wednesday even
ing until Friday morning to allow the
jurors to spend Thanksgiving with
their families. This ease grew out of
the sale of twenty-five sacks of sugar
some time last June when the sugar
market was being manipulated by the
profiteers. The evidence disclosed that
Mr. Wrede ordered the sugar some
time in June>o be shipped to him the
middle of July. Wrede claimed he
bought the sugar at $25.00 per sack,
and that it came billed to him at
$29.65 and he refused to accept it. He
also claimed that he countermanded
the order before it was shipped by
wiring the company a letter. Mr.
Wrede runs the store and postoffice at
Red Bird. The plaintiff is a whole
sale grocery firm at Sioux City. The
jury returned a verdict for Mr.
Wrede in jig time.
The last case tried, and a very im
portant one to the court officials and
also the capacity house that heard it,
was the case of Peter Judge vs. Jais.
F. O’Donnell. This controversy arose
over the feed and tare by Mr. Judge
of eleven democratic emblems, com
monly called mules, the property of
Mr. O’Donnell. Mr. Judge claimed
that Jie housed and fed the aforesaid
emblems during a period of ninety
three days in the spring of 1919, for
which he asked the jury to allow him
the sum of forty cents per day per
head. Mr. O’Donnell in answer to this
claim jaid (inferentially and not
literally), that while the said emblems
were very valuable and he was proud
of his possession thereof, the price
asked was unwarranted and unreason
able, and if allowed by the court it
would place a legal stamp of ap
proval upon gross profiteering, and
said that he was willing to pay the
fair and reasonable compensation for
the services rendered and no more.
A large amount of expert testimony
was presented to the court and jury
concerning the price of hay at that
particular time, also the number of
pounds of hay it required to keep in
good running order an ordinary
democratic emblem, also the custo
mary prices charged and paid for like
services. Mr. Judge asked the jury to
allow him a total of $457.96 for his
services and feed, and the jury, after
listening to all the evidence S?d the
forensic arguments of the attorneys,
retired to their jury room and in a
very short time returned a verdict al
lowing Mr. Judge the sum of $266.00.
While none of the juors were inter
viewed concerning the matter we
think we can reasonably assume they
arrived at the conclusion that while
the price asked by Mr. Judge may
have been justifiable a year ago, in the
light of the recent election it was
grossly excessive at this time.
There are several equity cases re
maining on the docket for disposition,
which will be heard by Judge Dick
son at a later date.
G. B. S.
THE EXTENSION
OF THE C. B. & Q.
There was organized at a meeting
in O’Neill early in the summer an as
sociation styled the Nebraska, Colo
rado and Wyoming Development As
sociation for the purpose of promoting
the extension of the C. B. & Q. rail
road from O’Neill to Thedford, or
some other point on the main line of
the Burlington. There have been sub
sequent meetings held in O’Neill to
perfect the organization to carry out
this work.
The work of the Association was to
gather data to be presented to the
Inter-State Commerce Commission
substantiating its application for the
necessity of the extension of the rail
road and to properly present the en
tire matter to the Commission by
brief or petition in the form of a suit,
as provided for by the Esch-C - innings
Bill.
This data has been collected by the
Association by official census blanks
and Judge Berryman of Bassett has
been employed as the attorney to
brief the matter, draft the necessary
petition and present it to the Inter
State Commerce Commission. The
petition is now being printed. The
Association found it necessary to
provide for the raising of an esti
mated amount of $2,000 to cover all
the necessary expense, to be raised by
popular subscription to be subscribed
by the farmers and stockmen along
the proposed route, and the bustne«
men and citizens of O’Neill and Thed
ford, all of whom are supposed to be
most benefittod by this extension.
A solicitor was duly appointed for
O’Neill and when the time came to do
the work he declined the duty. It will
be necessary for the president of the
Association to appoint some other
person, and when the people of O’Neill
are solicited for their share of this
expense money, it is expected of them
to contribute to this fund. The As
sociation is not putting on any pro
: motion scheme or asking for any bonus
of any kind, just barely enough money
to cover the actual cost and expense
of conducting this work. Thedford is
raising their part of the money and
the district between O’Neill and Thed
ford are also doing their part. The
Association expects O’Neill to take
care of their end. The Sioux City
Chamber of Commerce and business
men have also taken a very active part
in this work so far in the way of co
operation and considerable expense.
They have made several trips to
Washington to the Inter-State Com
merce Commission in the interest of
this extension, and are aiding and
helping in the preparation of the ma
terial to be presented to the Commis
sion.
I hope that the O’Neill business
men will net stand back and refuse
to take part in this work as certainly
O’Neill will be benefited from this
extension as much or more than any
other town. In the first place, the-ex
tension will be a connecting link be
tween Sioux City and the main line,
beng direct passenger, travel and
freight shipment from Denver to Sioux
City, Minneapolis and St. Paul, and
other north, eastern and western
points. It would mean the operation
of heavier freight trains over this
line ajjd an increased number of im
proved passenger trains. No doubt,
under this extension, O’Neill would be
at least a freight division which would
mean an added number of railroad
men and their families brought in
here to live.
Very respectfully,
C. M. DALY,
Secretary of the Association.
NOTICE: QUARAN
TINE REGULATION
Medical physicians practicing with
in the City of O’Neill will be herein
after required to report any and all
cases of contagious diseases by name
exisiting within the City of O’Neill
coming within their attention or
knowledge to the quarantine officer of
the local Board of Health. The failure
on the part of any physician to so re
port any case of contagious disease
known to them to exist will be liable
to prosecution for neglect of duty as
required of a physician by law.
It is neccessary for the local Board
of Health to make this order for the
protection of the inhabitants and to
prevent the spread of contagious dis
eases. It is the intention of said
board to carry out and make effective
this order.
BOARD OF HEALTH.
By C. M. DALY, Chairman.
LOCAL LAND
OPENING IN JANUARY
About one thousand acres of the
richest land in Nebraska, laying with
in less than fifty miles of O’Neill, will
be thrown open to settlement by the
government, at the land office at Lin
coln, on January 7.
The land is described as follows:
Lot 1, Sec. 31-33-6. Lo^s 4, 5, 6 and
7, Sec. 33 and Lots 1, 2, 3, 4 and 5;
sw!4, swVi nwVi, w% se1/^, 36-33-7.
Lots 4, 5, and 6, Sec. 1, and Lots 6,
7, 8, 9, 10, 11, 12 and 13, 2-33-7, all
west of the 6th principal meridian.
The land is in Knox county and is
located one and one-half miles north
of Niobrara, on the west bank of the
Missouri river, beginning just above
the old mouth of Ponca creek. It is
extremely rich bottom land and much
of it is timbered heavily with trees of
good girth, some exceeding four feet
in diameter. For years this land has
been supposed' by all but old timers to
be deeded land belonging to owners
of adjoining property in the neigh
borhood. The story goes that when
the government survey was made
fifty years ago or more the land was
under flood water because of the old
location on Ponca creek, and was
overlooked. Since the altering of the
channel by the Northwestern rail
road floods no more occur in the vicinity
of the land and it- has becme noted
for its fertility. Three squatters,
who have maintained residence on it
for years, at last have succeeded in
having it formally declared part of the
public domain and will have priority
rights in filing upon it. They are
James W. Smith, Maxmillian Nappel
and Charles Nappel, represented by
Lloyd Gillespie of O’Neill as their at
torney. The matter of opening this
land for settlement has been before
the department for about four years.
At first the department refused to
consider an application for an investi
gation to determine whether ornotthis
was in fact unsurveyed land in place
at the time of the original survey of
adjacent land, the adjoining lands be
ing disposed of based on the erroneous
survey of 1871. The government at
first adhered to the old plats. In view
| of the showing made by the appli
cants, the three Squatters, an investi
gation was made by the geological sur
vey, which determined that it was land
in place at the time of the old survey
and not accresion. Testimony of old
settlers, some of whom helped in the
original survey, finally resulted in a
survey being ordered, made, and plats
filed and an order made opening it to
entry,
LOCAL MATTERS.
Good hay is quoted at $10 on the
local market,
Mrs. Will Biglin is visiting relatives
at Jackson, Nebraska.
Miss Helen Willcox entertained the
Martez club Monday evening.
Ed. Donohoe of Bonesteel, S. D.,
spent Thanksgiving with relatives in
this city.
Frank Harrington left Sunday
-morning for a short visit with friends
at Omaha.
The County Board of Supervisors
were in session the first of the week
atwnding to routine business.
J. W. Fullerton of Atkinson, was
an O’Neill visitor last Tuesday and
made this office a pleasant call.
Miss Elizabeth Donohoe returned
last Sunday evening from a two weeks
visit with relatives and friends at
Omaha.
William Froelich, who is attending
the state university, arrived home last
Wednesday evening to spend the
Thanksgiving holidays. '
Mrs. A. L. Willcox and Miss Helen
Willcox returned Saturday evening
from a Thanksgiving visit at Omaha
and with Iowa relatives.
John Nolan returned the latter part
of last week from a short visit at
Bassett, where he was looking after
his extensive oil interests.
Dr. J. P. Gilligan, who was confined
to his home last week with a severe
attack of stomach trouble, is again
around attending to business.
John Ryan of Grand Island, Nebr.,
and Miss Sadie Radcliff of Stuart,
were granted a marriage license by
County Judge Malone last Tuesday.
John Gilligan, who is attending
medical college at Omaha, arrived
home last Wednesday evening to spend
th» '^pliday vacation with home folks.
Mrs. E. H. Whelan and children,
Vince, Francis and Clare, left this
afternoon for San Diego, California,
where they will make their future
home.
The Misses Helen Harrington and
Miriam Gilligan, who are attending
the state university, arrived home last
Wednesday evening to spend Thanks- :
giving vacation with home folks.
John Dunwiddie of Upton, Wyo., !
and Mrs. Maggie Searl of Atkinson,
were united in marriage at the county
court room last Tuesday afternoon,
County Judge C. J. Malone, officiating.
I. II. Moss, clerk of the district
court elect, accompanied by his father,
C. W. Moss, were down from Atkin
son last Monday visiting with O’Neill
friends.
T. P. Wade, for many years en
gaged in the grain and coal business
at Page, but who is now a resident of
Sioux City, is in the city today visiting
old time friends.
Miss Irene O’Donnell, who is at
tending the Sacred Heart school at
Omaha, arrived home last Wednesday
evening to spend Thanksgiving. She
returned to school last Monday morn
ing.
County Highway Commissioner H.
U. Hubbard returned the latter part
of last week from a several weeks
visit at Hot Springs, S. D. Mrs.
Hubbard remained for a more extend
ed-visit with relatives.
Attorney Thomas Nolan of Bassett,
who with Mrs. Nolan have been visit
ing friends and relatives during the
Thanksgiving season, returned to
Bassett Sunday. Mrs. Nolan re
turned home Monday evening.
Mr. and Mrs. Richard Regan and
children of Creighton, drove over last
Wednesday and spent Thanksgiving
at the home of Mrs. Regan’s parents,
Mr. and Mrs. Thomas Quinn. They
returned home Friday morning.
Judge Dickson and Reporter Scott
left for Butte last Wednesday morn
ing, where they will hold a term of
court to try a young man who is
charged with breaking and entering a
store at Gross a couple of months ago
Edmund and Anse Whelan and Em
met Hickey left this afternoon via
auto, for San Diego, California, where
the Whelan’s will make their future
heme and where Emmet will remain
if he can find something suitable. The
boys expect to have a very enjoyable
trip.
Henry Alfs, one of the pioneer set
• tiers of Atkinson township, was an
• O’Neill visitor last Tuesday and made
this office a plesaant call and ordered
The Frontier sent to his address for
the ensuing year, sj> that he could
keep posted upon the happenings in
the county seat.
M. J. Sanders of Norfolk, commer
cial manager of the Nebraska Tele*
phone company for this district, was
in the city Wednesday, looking after
the affairs of his company. Mike is
a life long democrat and says that a
democrat can get but mighty little
consoltion over the returns of the last
election.
Local stockholders in the Bassett
oil well project are considerably en
thused over reports that the drllers
had passed through the supposed cap
rock Monday afternoon at a depth of
2370 feet and now were in a sand
showing slight traces of oil. Several
increased their holdings and are talk
ing of spending the remainder of the
winter in Florida and California if
the well comes in soon.
William Nollkamper, of Omaha, ar
rived in the city last Thursday even
ing for a few! days visit with old
friends here and to look after his real
estate interests in the northern part
of the county. For several years Mr.
Nollkamper was a resident of this
county, owning and operating a large
flouring mill, general store and ranch
on the Eagle, twenty miles north of
this city. About ten years ago he
dismantled his mill and moved it to
Gregory, S. IX, sold his store and
rented his ranch and since that time
has made his home in Omaha where
he is taking life easy. Mr. Noll
kamper has a host of friends in this
city and county who are always glad
to see him.
A sleet storm in the eastern part of
the state on November 29, damaged
the Nebraska Telephone Company to
the extent of $20,000. Wet snow and
rain fell in the storm aera. As it
struck the wires, cross arms and poles,
with the lines weighted with ice,
many of the poles crashed to the
ground. Over 125 poles and 500 miles
of toll lines are down and 325 tele
phones are out of service owing to the
storm. The district most effected is
south, east and west of Humphrey,
along the man line of the Union Pa
cific from Columbus to Omaha west
of Columbus to Kearney, with the big
breaks around Columbus. The com
pany expects to have the service re
stored by the end of the week.
The first formal social function of
the winter season took place Satur
day evening at the Golden hotel, a
dinner, followed by cards, with Mrs.
R. R. Dickson and Mrs. L. C. Chapman
as hostesses. Forty guests were
present. The spacious banquet hall
and ballroom was beautifully decorated
in accord with the spirit of the
Thanksgiving season, the table decora
tions being yellow chrysanthemums
and shepherdess chook with tulle
bows of different colors. Following
the dinner Mrs. Harry Reardan fa
vored with a vocal solo and Mrs. W.
F. Finley with a classical dance. Four
handsome prizes were given at cards.
Out of town guests present were:
Mrs. John Brady, Mrs. Fred Swing
ley, Mrs. Helen Simar, Mrs. Jessie
Brooks and Mrs. W. Griffin, all of At
kinson.
1 Floyd Ray Wick, the eighteen year
old Rock county youth who murdered
Clyde Patterson, a Rock county ranch
man, last August, and who has been
in the Holt county-jail for safe keep
ing for several months, Was taken to
Bassett Sunday night. Monday even
ing he appeared before Judge Dickson
in the district court at Bassett, plead
ed guilty to murder in the second de
gree and was sentenced to life im
prisonment in the state penitentiary
at Lincoln. He was taken to Lincoln
by Sheriff Joe Leonard of Rock
county, early Tuesday morning, to
begin his sentence. Wick in a final
confession before entering his plea of
guilty confessed that the murder had
been for robbery and that he had se
cured but five dollar’s in money from
the dead man and a certificate of •
posit on the First National Bank of
Atkinson for $2,000. He burned t-'
certificate. The murder ns detailed
y Wick was one of the most cold
blooded ones in state crime annals.
The members of the Bassett high
school, of which Wick had attended,
occupied seats within the rail at the
court hearing and Judge Dickson de
livered to them and the murderer an
able address, discussing the present
crime wave, when sentencing Wick.
Jimme Boyd, the Black Hills won
der, lasted but four of the eight
eight rounds of a sparring exhibition
of eight rounds, at the American Le
gion athletic carnival, at the K. C.
Theatre, Thanksgiving evening. Kid
Schlaifer of Omaha, his opponent,
showed evidence of much more train
ing and condition and had no trouble
in disposing of his man after the sec
ond round. Boyd evidently had given
no attention whatever to putting him
self in shape for a contest, showing a
deplorable lack of wind. He was the
favorite of the local fans before the
fight and received their moral support
during the bout, but to no avail.
Boyd in the first and second rounds,
however, shqwed that he would make
a fair fighter with proper handling.
By far the big event of the evening,
and one which was a go from gong to
gong, was the semi-final, a three round
bout between Sergeant Tom Keys and
Corporal William Fallon of the local
legion for the championship of the
local post. The event was called a
draw, although the followers of each
njpn contended that their favorite had
a shade the best of it. The men
probably will meet again, to a finish,
at the entertainment the legion is
planning for New Year’s eve. Several
juvenile preliminaries!, short but
snappy, made the program from start
to finish an excellent one which met
with the aproval of a capacity audi
ence. James Shorthill of Emmet, of
ficiated most ably and efficiently as
referee at the main events of t
program.
^IOW AN EDITOR GOT RICH.
Catalina Islander: A man tells of
an editor who started poor 20 years
ago and who has retired with the com
fortable fortune of $50,000. This
money was acquired through industry,
economy, conscientious effort to give
full value, indomitable persevereance,
and the death of an uncle who left the
editor $49,999.50.
Its Awfvil
Yes sir—it’s simply awful the way
we’ve cut into the prices of Menls
Ribbed Union Spits.
$6.00 Men’s Ribbed QO QQ
Union Suits . v£'30
$4.50 Men’s Ribbed QO IQ
Union Suits . yti I 3
$3.75 Dozen Husking QO 4Q
Mittens .
$6.50 Men’s Wool Work QO QQ
Shirts . *P£.3□
$4.00'Men’s Mixed Wool Q1 QQ
Work Shirts . ^1.30
$3.75 Men’s Blue QO OQ
Overalls .
BIG DROP IN COFFEE PRICES.
2 Pounds 70c Coffee, CDn
new price, 2 pounds for .0 30
5 Pound Pail Caldwell’s Q1 07
Delicious Peanut Butter .... y I «3 f
Armours Bacon, OQp
pound .,. £30
Armours Pure Pork Oflp
Sausage, pound . 301*
White Clover Honey, QQfi
about 1 1-4 pound . 3UO
6—25c Cans Iowa SweeC 09**
Corn . 330
1 Gallon Pail Dark Karo QQ<*
Syrup . 03 0
1 or More Pounds Full Cream 99**
Veribest Brick Cheese, lb. 330
1 Pound Horse Shoe Sip
Tobacco . O I O
25c Rayo Tuff Glass Lamp 1 Cp
Chimneys . 130
5 Bars Electric Spark QQ**
Soap . £30
Why pay more for your goods?
You can buy at this cash store and
save money.
57 STEPS
‘MELVIN’
SELLS FOR LESS
■
|!| CASH AND CREDIT. ||||
It was not intended in our | I
financial scheme that every one I ||
If currency were used in all j \
transactions business would I ; ; : j
stop because of the shortage ! ; ?
of money, therefore dredit is ! \
a desirable thing to have. I ||
A checking account helps to | ; I
establish your credit. | I
The O’Neill National Bank I 1
will be glad to have your I||
THE O’NEILL NATION ALBANK I
O’Neill, Nebraska.
Capital, Surplus and Undivided Profits,$130,000 | |
This Bank Carries No Indebtedness of Officers 101
__ Or Stockholders. ——ilII11 llllIII