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About Semi-weekly news-herald. (Plattsmouth, Nebraska) 1895-1909 | View Entire Issue (Sept. 21, 1900)
r. ii s; PI s- Is' n i von Hi Seth "Thomas Clock Company Wins Its Case. Supreme Court .Renders a Oeoiniou Which -' Will Compel the County Commission er to Again Pay for the Court Ilonse Clock Cost Amount to Over S300 Loral "ews Notes. From .Thursday's Daily ' According to a decision of the su premo court, handed down yesterday, the Cass county commissioners will bo called upon to pay for the clock in the court house tower for the second time. Following the text of the decision: "State ex rel. Seth Thomas Clock Co. vs. Board of County Commission ere, Cass county, reversed and re- manded with direction to issue peremptory writ of mandamus." This case, it will be remembered, was tried in the district court duriDg the time IT. D. Travis was county at torney, and was decided in favor of Cacs county. The clock company took the case to the supreme court during1 C. S. Polk's term as county attorney, and the decision of the district court was reversed the higher court hold ing1 against the county. When the case came back, A. J. Graves,then the county attorney, advised that under the decision of the supremo court the only thing for Cass county to do was to pay the bill. This opinion was con Grmed by tho former attorney, Mr. Polk, but Matthew Gering assured tho commissioners that he could win the caso and contracted to do so on a con tingent fee. Mr. Gering was success ful in the district court, but, as will be seen from the above,the caso has again been reversed. Tho county will now have the clock to pay for a second time, together with 1 per cent interest on the judgment and tho costs in both the district and supremo courts, which will amount to considerably over $300. While the commissioners are to be commended for their efforts to guard the county's interests, it is apparent that they OHght to have taken the ad vise of the county's legally constituted advisor, and thus avoided the accumu lation of unnecessary court costs. Mr. liravrti' Opinion. Belore the Hoard of Cuuotv Commissioners of Cass County, Nebraska. State of. Nebraska.ex rel., Seth Thomas Clock Co., vs. board of ' County Commissioners and County Clerk. When a just and valid claim is due and owing by a party to another party the debtor must perform certain acts to constitute a legal discharge of the liability. In this case the board of county commissioners and county clerk did perform tho acts they honestly be lieved to be a discharge of the liabil ity to the clock corapeny for the clock, and in the trial of the case before the Hon. S. M. Chapman it was held that the acts thus performed did fully pay for the clock. The nets relied on for payment of this claim was tho drawing of a war rant in favor of tho Seth Thomas Clock company for the sura of $9S1 and a do ; livery of the same to S. L. Wickcrsham . without any order so to do by the clock company. These acts, with all sur rounding facts in the transaction, have been presented to the supreme court of this state, and that tribunal decided that such acts wore insufficient to con stitute payment of the claim. I have carefully read the record in the cases and discussed it with II. D. Travis, who was the county attorney, and tried the case in tho district court, and with C. S. Polk, who was his successor in that office and who wrote the briefs for the county and took care of the caso be fore the supremo court I am satis fied that everything done by the county for the purpose of paying this claim has been fairly and well, and just as ef fectually, presented to the highest tribunal of the 6tate, as it is possible to do in another trial of the case, and that no additional evidence in favor of the county can be obtained. It is therefore my opinion that it would be but a waste of money to try the caso again in the way of interest on the claim for perhaps three or four years during the pendency of tho case in the courts and the necessary court costs, perhaps- not less than 8150 or $200. It is suggested that certain attor neys, whose voraciousness for business exceeds the flow of business in a legiti mate way to them, have, in a back door way, Bought to inject themselves into this case by offering to make of themselves an insurance company to the county and guarantee to win the case for the county if employed and permitted to have a retrial of tho cause at a fixed fee if successful, or no fee if the case is lost to the county. This proposition, at first blush, may " Bound well enough, but if the case is lost, as ia my judgment it must be, for : who ever heard of the supreme court 1 reversing itself upon the same state of facts? Who will pay the court costs ' and interest above named, of nearly, if 'not quite $500, to say nothing of the probability of lawyers seeking business under these ' methods of filing claims against the county for their services, whether they win or lose tho case. Inmy opinion, it would not be tho part'-of wisdom to expend any more money In resisting this claim, as the supreme court ban decided that it has not been paid, and all the facts have been presented to the court that in any way go to establish payment, and no attorney 4 whether he gets ia a case at the back or front door can change the facts of a esse, and the facts in this case are now just as they existed when County Attorney Travis, an able at torney, presented them to the court and made the record, upon which County Attorney Polk, another able ; attorney,' briefed the case for the su .. preme court,, and, upon which, that court determined the acts of the connty board and clerk to be insufficient to es tablish payment of tho claim, j The board is ad vised that the author DECIDED CASS ity for employing additional couftsel in a civil case, is conferred by section 605, page 105 of the compiled statutes of 1897, and any employment outside of that provision would be unauthorized bylaw." If the slightest suspicion existed that the county's interests were frit tered away, or not properly protected, in the trial of this case, both in the district and supreme courta.by counsel who appeared for the county,or if new facts had developed since the trial that would be favorable to the county, then I should not only be willing, but anxious to have the case assigned xor trial when the mandate comes oown from the suoreme court. But the facts urnnlA mftUft a record identical w ith the one that has been before that court, and how could we expect any other or different result than tne ae cision that "The evidence is Insuffi cient to establish payment?" Respect fully submitted, A. J. GRAVES, County Attorney. MI KDOCK ITEMS. A son was born to Mrs. James Craw ford. C. A. P. Dehning spent Sunday in Omaha. O. P. Stewart is attending school in Lincoln. P. Wolf made Plattsmouth a visit Monday. T. M. McKinnon left for Hastings Thursday. H. R. Neitzel returned from his It diana trip Saturday. John Ward has returned from along stay in Hall county. Dr. J. II. Hall is prospecting in the western part of Nebraska. FritzOtte la still here in an endeavor to negotiate a sale of his farm. Mrs. John Conoallv has returned from her visit In Western Nebraska. Will Soherve has accepted a position in F. Martin's store during the winter. Minnie Guthman has been visiting her sister, Mrs. H. II. Neitzel, the past week. A patent medicine show company has hen enteruining the young folks the past two weeks. Herman Bornman has sold his fine 100 acre farm to Mrs. A. Bornerueier. Consideration $3,900. Mr. and Mrs. n. V. McDonald drove to Sterling, Nub., Thursday for a short stay with Mrs. Steve Tool. lie v. and Mrs., Hans Baumgarlner returned to their, borne in Chicago, havinghad a delightful visit with rel atives and friends here. Mr. and Mrs. L Neitzel went to Lin coin Thursday to consult a specialist regarding Mrs. Neitzel's right limb, which refusas to yield to treatment Last Monday Will Rush' took his in fant daughter to Lin col n where an ex amination was made with the X-rays to locate a collar button or something which it was thought the baby had swallowed, but nothing could be lo cated, and as the pain seems to be gone and the flow of blood has ceased it is presumed that the serious stage has passed. CKUAK CHEEK HAl'f KNINU9. Henry Horn is laid up with rheuma tisrn. Mrs. D. Bredenkamp spent tho fore part of the week visiting friends at Berlin. Phil Koil and Os Virgin drove to Omaha last Saturday and returned home Sunday. Mr. and Mrs. Kirlin of Lincoln spent Sunday with the former's sister, Mrp. Hollenbeck. There bas been a lot of old corn com ing to market this week. It has been several years since the old corn was as nearly sold as it id at the present time G. N. Walrndt has sold eighty acres of his farm to Frank In holder. Frank is preparing to build thereon at once, and 600Q will be a full fledged farmer. The Degree of Honor took in three memders at their regular meeting Thursday night. After initiation they enjoyed a supper such as good cooks alone can serve. ' The Cedar Creek Juniors will have another game of base ball Sunday, when they will play the Sunny Side team. Tho teams are pretty even and a good game is expected. PKKSONAL MENTION. James Manahan of Lincoln was in town today. ; Roy Dodge made a trip to Omaha on the fast mail. J. G. Heckler was in town today from Elm wood. R. B. Windham made a business trip to Omaha this morning. Edwin Joary of Elm wood was a Ptattsmouth visitor today. II. B. Groves was a business visitor at the state capital today. George Ballanco and wife of Have' lock are visiting in the city. Mrs. L. IL Petersen and two daugh ters spent the day in Omaha. Herbert Sharp and wife were pas sengers for Omaha this afternoon. F. M. Richey was a .business visitor in Omaha and Council Bluffs today. II. M. Soennichsen was a business visitor at the metropolis this morning. Will Beach, who was called to this city on account of the death of his father, retcrned to Omaha last even ing. , Misses Cora and Clara Walker went to Lincoln this afternoon to be in readiness for the opening of the state university next week. F. J. Morgan, W. K. Fox, Ed Fitz gerald and several others went to Weeping Water this morning to be In readiness for the Bryan meeting. Ice cold soda At wood 'a drug store. IS KNOWN AT LINCOLN Smith, tlie Insane Man, Was Released at That Place. I'd fortunate Man Claims He Is Afflicted With These Spells Whenever the Weather Becomes Hot Tailors Settle the Label Question Other Interesting Loral News. It dow develops that Smith, the man whom Deputy McBride brought to this citv Mondav evening and who was thought to be insane, is well known to the Lincoln authorities. He was picked up there some time ago, when he had a similar spell, but was re leased. The commissioners gave him an order yesterday for a ride across the Missouri river on the ferry, and it is not thought he will come back this way. In regard to the experience the Lincoln authorities had with Smith the News of that place says: "Lon Smith has turned up again Lon is the fellow who was picked up by the police the other week. He had a case of wheels, and imagined people were after him to kill him. He was ordered sent to the asylum as an insane man, but after four or five days in the county jail he became all right again. The countv commissioners thought they had a joke on the insanitary com missioners, and jocosely accused them of finding a man who was at the end of a big drunk a proper subject of im inurement in the asylum. Monday Smith left here for tho east. He got as far as Greenwood, and there he had another fit. He was arrested Wednesday and taken to Plattsmouth. He claims he has been robbed of large amount of money, and the police officials down that way think they have a mvsterv on hand. They will know better when they iearn from Lincoln that it is simply a caso of crazy man. Smith said here that every time the weather grew warm he be came unbalanced. He gave a sunstroke as the cause of his ailment." Tailors' Label Question Settled. By order of the general secretary of the Journeymens' Tailor Uuion, Charles F. Berggran and Hans I Peterson of Omaha visited in this city vesterdav to straighten out matters relative to the use of the Union label By local tailors. No difficulty was had in getting the question settled satii-fac tory to all concerned. Messrs. Berg gran and Peterson are very pleasant gentlemen and seemed to eujoy their visit here. They extended the boys a cordial Invitation to come to Omaha and enjoy the Ak-Sar-Ben festivities MILS. EDDY TO T11I3 AVOliLI) Corrects a Misstatement Circulated by Opponents of Christian Science. For some time the opponents of Christian Science have circulated the report that its founder and discoverer. Rev. Mary Baker Eddy, is a helpless invalid. In order to correct this mis statement The News is requested to publish the following message from Mrs. Eddy: "You may send out to all tho world this message from me: "I am well, despite the many at tempts of those opposed to the prin ciple of Christian Science to prove otherwise. For thirty-four years have labored in this great field and never have I been so keenly alive to the glorious privilege of living and working. "You have asked me if it were true that I am a sufferer from cancer. You have asked me if it is true that a doc tor of medicine is in attendance upon me. lo ootn tnese questions l answer no with all the truth in my being. I am free from disease and there is but one physician guarding my welfare. He is the Great Physician. "Stories telling of my illness have been, I am sorry to say, industriously circulated. They are naught but ma licious falsehoods. There object. I presume, is to injure my health, and to discredit my belief and practice of what I have expounded for more than thirty years. This indeed would be much to those who oppose tho growth of tho Science of Christ. "For many years I have been aware of what you tell me. and in a ouiet way I have guarded against these un seen enemies,not personal enemies.but enemies of the faith. wim your own eyos you can see that I am well and strong, although the cycle of years usually allotted to man has passed over my head. "I shall be pleased to answer any questions that may servo to set aright any mistaken belief aroused by un founded and unworthy reports concern ing my health and adherence to the great prinsiple of Christian Science." Rev. Maky Baker Eddy. Notice. All republicans of Eight Mile Grove precinct are requested to meet at Heil's school house Wednesday night, Sep tember L6, at 8 p. m., to organize a rough rider club to 'attend the Roose velt meeting at Plattsmouth October 2. H. A. SCHNEIDKIt, - : - Committeeman. Miss Clara Street wishes to announce that she is now prepared to give In struction ia voice culture and will be glad to see anyone interested in this line of work. Misa Street has iust finished two years of successful work in this line, and while teaching, will also pursue the study of voice culture in Omaha. For terms see her' at her borne 710 Locust street on Mondays and Thursdays. - , . On account of the - Ak-Sar-Ben fes tivities the Missouri Pacific will sell tickets at one fare for the round trip. Date of sale.September 5-28 inclusive; return limit, October 1. NEWS BRIEFLY TOLD. C. A. Marshall, Dentist. Pepperberg's Buds 5-cent cigar. That's all. Crushed fruit all flavors Atwood's drug store! For reliable insurance call on Mrs. Carrie L. Wilson. Old papers for sale at this office 10 cents per hundred. Choice perfumes and toilet articles at Atwood's drug store. A girl baby arrived at the home of Mr. and Mrs. Ed Spencer last night. St. Mary's Guild will meet with Miss Dora Herold Saturday afternoon at o'clock. The ladies of the Christian church will serve supper Tuesday evening, October 2. The Ebinger Hardware Co. has full line of pumps and is now prepared to do pump work of all descriptions. A new line of' samples of imported and domestic cloth goods. Come in and examine them. HuJecok & Mc Elroy. The Western Union Telegraph com pany has sent a gang of eight men to this place to make some repairs on its lines. Olto Wurl, the cigar manufacturer, went over to Pacific Junction and Glenwood this morning with a supply of cigars. In mentioning the funeral services over the remains of Mrs. Morgan Shrach yesterday, The News failed to mention the solo by Miss Clara Street A .small delegation of local democrats went to Weeping Water this afternoon to attend the Bryan meeting, which is to be held at that place this even ing. The ladies of the Presbyterian church will serve lunch during the af ternoon and evening of October 2. De tails as to the place of serving will be given later. Sheriff Wheeler, who was kicked by a horse Tuesday, was able to be down town today for the first time since, the day of tho accident. He manages to get arund by the aid of a cane. Mrs. Lillian K. Basse has moved into her residenco on Main, between Tenth and Eleventh streets, which she pur chased recently. She has had the property fixed up in good shape. Otto Wurl is the manufacturer of "Gut neil" and "Silver Wreath cigars. The great demand for these cigars is certainly a good indication that they are second to none in the market. Rev. II. J. Kirschstein of Lincoln will occupy the pulpit at the Christian church next Sunday. Morning ser vices at 11 o'clock and evening ser vices at 8 o'clock. Everybody wel coiue. The case of the Equitable Ltnd com pany vs. Charles H. Bailey was begun in county court this morning, but on account of the absence of witnesses an adjournment until tomorrow morning was taken. This is a suit on a note. You may bridle the appetite but you can not bribe the liver to do its work well. You nius be honest with it, help it along a little now and then with a doso of Ilerbine, the best regu lator. Price 50 cts. F. G. Fricke & Co. Those who wero at the depot last evening expecting to see the prohibi tion candidates for president and vice president pass through on a special train were more or less disappointed The train arrived on schedule time but did not stop, being bound for Omaha, where the candidates spoke last night. Leonard Weaver and John Hoskins, a couple of strangers, drifted into town yesterday and in a short time each were burdened with a fair-sized jag. The officers found it necessary to take charge of them, and Judge Archer did the rest fining them each $1 and oosts. Tney are serving out their fines in jail. The missionary society of the Pres byterian church will meet at the home of Mrs. Curtis Moore Monday, Septem 24, at 3 p. m. Instead of a pre-arranged program, each lady is reauested to come prepared to read or speak upon the topic for the month Japan or upon some phase of home or foreign missions. Wall paper, 5 cents a roll at At wood's drug store. COR SALE OR TRADE I will sell cheap, or 1 trade lor good farm lands, my two-story uncle buildinir 10U feet deeD: also the two-storv frame dwelling house on Vine street: both properties in rlattsmouth and in good repair, Mrs. fcniily urew, 3112 Marcy street, umana, neo- Legal Notice. Beniamln A. Gibson. Clarence E. TefTt. and Carrie Tent, and others interested, are hereb notified that on the lth day of January. 1HV9. 1 the undersigned, purchased at private sale from the county treasuier of Cass county, Nebraska, the following-described real estate, situated in the city of Weeping Water, in Cass county, Ne braska, namely: Lot number one it) and lot number two 2. in block numbered fifty-one (SI), which was dulv sold and bought for the delin quent tax dl the year 197. and 1 have paiajme taxes for the subsequent years of Ihl and lv. Said real estate was assessed and taxed in the nm nf It A . Gibson. The time for the re demption of said premises will expire on the lth day of January. 11WI. l'ersons interested will govern themelves accordingly. IJated aeDtenioer 1 .-w- p JACOB H. HALDEMAN. FILE YOUR WANTS. (Special notices under this head will be charged for at the rate of one-hall (H) cent per word for each insertioa. No notice accepted for less than ten cents.) HELP WANTED. HUSTLING YOUNO MAN Can make $80 per month and expenses. Permanent position. Ex perience unnecessary. Write quck for particu lars. Clark ac rourtn ana jocusi sirens, Philadelphia. Fa. FOB 8ALK. UK SALE At a baream. property. Inquire of J. H. Thrasher. OR 8A LE Northwest quarter of section IB. town li range 13. Inquire of Thomas or T H Pollock, Plaitsmouth, Neb. OBITUARY. Died September 18, 1900, Hugh Percy Beach, aged fifty-seven years, three months and eleven days, of Brlght's disease and heart trouble. The subject of this sketch was born at Beamsville, Wellington county, Canada. In childhood his parents moved to Oxford county, Canada.when it was yet a wilderness. He was married at Woodstock, Ontario, Octo ber 16, 1867,to Mary Elizabeth McCall, to whom was born ten children two sons and eight daughters all of whom survive him, except one daughter, who died in infancy. N The greater part of his life was spent in Canada. In 18SI he moved to Michigan and thence to Nebraska in 1SS7. In early life he united with the Methodist church, and for thirty-five years has lived a consistant Christian life, and at the end died in the tri umphs of faith. He was one of seven children four boys and three girls all but one of whom are left to mourn his demise r. Five years ago bis health began to fail, and for the last eighteen months was a great sufferer. He was laid at rest in Oak Hill cemetery Thursday, September 20, 1900. Drink Mellowrich coffee. J. Hatt, exclusive agent. , An Afternoon Tea, Mrs. Peter Welsh entertained a number of her lady friends yesterday at an afternoon tea. The parlors were beautifully decoratod with flowers. Refreshments were served and a gen eral good social time was had. Those present to enjoy the hospital ity of the hostess were Mesdames B. P. White, Logan Brown, William Schmidtmann, Ed Barker and John Schulhof. One O'clock Luncheon. Miss Bertha White entertained a number of her young lady friends yes terday at a 1 o'clock luncheon. The guests were Misses Katherlne Agnew, Josephine Daniels, Glenwood, Ia.; Cora and Clara Walker, Elizabeth Waugh, May Baird, Louise Smith, Ethel Dutton, Nellie Hopping. Any dealer in cigars will tell you that "Silver Wreath" and "Gut nell" cigars are excellent sellers. Otto Wurl is the manufacturer. Pepperberg's That's all. Buds 5-cent cigar. E. G. Advance in Prices Cuts No Figure with Us. 2,000 Yards Best Outing Flannel Regular 10c quality; our price 7c. 2500 Yards Best Flannelettes, -Worth today 12c; our price 10c. Ginghams, To close out a special line of these goods that sold at 10c to 20c a yd, your choice, 7c. Dress Goods We are showing our line of Fall and Winter Dress Goods all the" new goods from the Eastern mar kets, at the Lowest Prices. See the new Black Pierola Cloth, the handsomest production out in Woolen goods. E. G. DOVEY & We Sell Two Political MMtlap. Hon. J. R. Soverlgn, ex-grand mas ter workman of the Knights of Labor, spoke at White's hall last night upon the political issues from a democratic standpoint. The attendance was rather small. Mr. Soverign is a pleas ant talker, and he devoted his time lo denouncing the principles of the re publican party in general and the course 01 tne aaminiBwawou in par ticular. At Waterman's hall Mrs. Marion Todd of Michigan, a middle-of-tne-road populist lecturer,alao entertained a small assembly. The speaker was placed in a rather embarrassing posi tion by the fact that there was no one to preside over the meeting or to in troduce her. She is certainly a very A Few Points:: to be remembered concerning the Chinese question have been brought to the notice of the world. Here are a few points for 3011 to remember: First You are a buy t r of Boys' Clothing". Seco)tii You want good clothes when you buy must have that kind for boys. Third (Here's where we come in) We sell Boys Clothing, and we sell "the erood kind." Another fointVe sell them CHEAP. with double-breasted Vests, S3. from that's the last point. WE SCOTT Jack FrOSt Overnaul Your JTs Here VVintcr Un(!cnvcar You will need some new garments. Vc sell the IVst Wool-Fleeced Article for men on the market for the jnouey. A "fifty-center," as good as you have been getting for 75c and $1.00. We bought lots of them in order to get them that way, and they are yours for the price 50c. We have an Angora-Fleeced, for women, at the same price. Nothing like it. Remcinlcr T7iis If you have produce, you can't bring u? tatoes, too many eggs or too much lard. C. D. LONG, Telephones Srb'"k"'.i0w4 ! i i'luttii mouth. No. THE NEWS Job Does it PROMPTLY. Does it PROPERLY. ovey & Son i SOME OF OUR LEADERS:- DON'T FORGET, We are Sole Agents for Butterick Patterns, Budd's Baby Shoes, Queen Quality Ladies' Shoes and.... Gage Down Corsets. Six Spools of for 25 cents. Thread entertaining talker, and scored both the old parties in a vigorous manner. Miss Street Is busy organizing chorus classes for the instruction of sight reading and ear training. The method of ear training is the same aa that in Chicago public school?. A class in kintergarten work in music will also be organized. Those desiring to enter these classes or seeking information may do so by calling at Miss Street's home 710 Locust street on Mondays or Thursdays. As an external liniment of most won derful penetrative and curative power. Ballard's Snow Liniment is not equaled by any other in the world. Price 25c and 60c. F. G. Fricke St Co. Try Thk News a week 10c. 2 ' v. Knee pants 50 up; loo 35c up. styles t Suit. N too many good - Formerly I. T. Davi Co.. Ky MciltoUNt Church does Printing SO Competition Defied. SON. WE HAVE All the Litest Books: "kicharj Carvrl"' "Umi'l Martini" "T.j Hue anl To H..M ' . I'.lack Wolf 1 hrect" "When Ktuitfith.HKj Wa in ("! rr" "Hie keJirniptinu of Ua.iJ C;.i,,n" Ke'en ol I.a ' "FilMiDcnol H.ipe-' "Tinee Men on W hct-'s ' "Seats of the Miirhty" 'King's M:irror. LennHotl's Book Store. PATEXT tc:i lim may be aecnrnl by our aid. AilJrra, THE PATENT RECORD. 4 i' 1 0 1. I r y A-