Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About Semi-weekly news-herald. (Plattsmouth, Nebraska) 1895-1909 | View Entire Issue (Sept. 21, 1900)
n i von
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
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
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
the one that has been before
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,
MI KDOCK ITEMS.
A son was born to Mrs. James Craw
C. A. P. Dehning spent Sunday in
O. P. Stewart is attending school in
P. Wolf made Plattsmouth a visit
T. M. McKinnon left for Hastings
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
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.
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
CKUAK CHEEK HAl'f KNINU9.
Henry Horn is laid up with rheuma
Mrs. D. Bredenkamp spent tho fore
part of the week visiting friends at
Phil Koil and Os Virgin drove to
Omaha last Saturday and returned
Mr. and Mrs. Kirlin of Lincoln spent
Sunday with the former's sister, Mrp.
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.
James Manahan of Lincoln was in
; 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
, 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
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
"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
"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
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.
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.
Crushed fruit all flavors Atwood's
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
The ladies of the Christian church
will serve supper Tuesday evening,
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
The Western Union Telegraph com
pany has sent a gang of eight men to
this place to make some repairs on its
Olto Wurl, the cigar manufacturer,
went over to Pacific Junction and
Glenwood this morning with a supply
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
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
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
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
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 &
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
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
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-
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.)
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,
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.
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,
, 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
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.
Buds 5-cent cigar.
Advance in Prices
Cuts No Figure with Us.
Best Outing Flannel
Regular 10c quality; our price 7c.
-Worth today 12c; our price 10c.
To close out a special line of these
goods that sold at 10c to 20c a yd,
your choice, 7c.
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
Black Pierola Cloth,
the handsomest production out in
E. G. DOVEY &
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.
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.
If you have produce, you can't bring u?
tatoes, too many eggs or too much lard.
C. D. LONG,
! i i'luttii mouth. No.
Does it PROMPTLY.
Does it PROPERLY.
ovey & Son i
SOME OF OUR LEADERS:-
We are Sole Agents for
Six Spools of
for 25 cents.
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
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.
50 up; loo
too many good -
Formerly I. T. Davi Co..
Ky MciltoUNt Church
All the Litest Books:
"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 '
"Tinee Men on W hct-'s '
"Seats of the Miirhty"
LennHotl's Book Store.
PATEXT tc:i lim
may be aecnrnl by
our aid. AilJrra,
THE PATENT RECORD.
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