The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current, April 28, 1904, Image 4

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    The Plattsmouth Journal
R. A. BATES, rcBLtsiiKU.
Kntered at the postufflce at Plattimoulh, Ne
braska, u icc'uiiUclius natter.
Democratic County Convention.
The democratic electors of Cass coun
ty are hereby called to meet In con
vention at the town of Louisville, in
said county,
OX TUUltSDA 1. MA Y5, loot,
at 1 o'clock p. m., for the purpose of
selecting twenty delegates to repre
sent Cuss county at the democratic
state convention at thecltv of Omaha,
on Wednesday, June 1, 11W4, called to
elect four delcgatcs-at-large and four
alternate delegatesat-larKC, and two
delegates and two alternate delegates
for each congressional district to rep
resent the democratic party of Ne
braska at St. Louts national conven
tion. Also, to elect twenty delegates
to the state convention to be held in
the city of Lincoln to nominate a can
didate for governor and other state
o!y.wrs to be elected at the ensuing fall
ejections; also to elect delegates to the
congressional and iloat representative
conventions. The basis of representa
tion is fixed at one delegate to said
county convention for each fifteen votes
and one additional delegate for the
major fraction tiicreof cast for John J.
Sullivan for supreme judge. Accord
ingly each precinct will be entitled to a
resprescntatlon in said county conven
tion, as follows, to-wlt:
Tipton fll'luttHmouthl'ro B
UrytmwotKl ft .., ,.
tittuping w mur laiy,
First Ward S
Second " 1
Third " 1
NaltCrsk N
HUivo Creek 6
KlmwiMMl H
Hoiith llend 4
Weeping WuUir Pre,. 3
Center 5
Loutuvllle ti
Avoca 5
Ml. I'it'Hsant
Klvht Mlleliruve.... tt
Nunawka 4
Liberty H
Ifewk HI u ITs, First
Kecoud .
Plattsmouth City.
First Ward
Second "
Fourth "
Fifth '
Totul 130
- It is requested that primaries be held
in the various precincts, at the usual
votlnjr places thereof, on Tuesday, May
3,1104, at 7:30 p. m. It is also urg
ently requested that all democrats
am? those opposed to the present
cxtravagent and corrupt national and
state administrations, attend these
' Henry R. Geiung, Chairman
Democratic County Cept. Committc.
M,A. Batkb, Secretary.
TnE governor of Colorado ought to
.'be able to give Roosevelt a few pointers
TnB democratic battle cry of "Turn
the rascals out" is taken in Washing
ton as a personal affront.
Republican statesmen are try I ng to
get the accidental president to appoint
General Bristow ambassador to Moroc
co) Mongolia or the moon before next
It goes without saying that Lem
You Ell Qulgg will have something to
say about the republican national plat
form. lie probably carries It all finish'
ed in bis pocket.
Tok Census Bureau estimates that
our population will increase a million
a year even if President Joseph Smith
enforces his decree that nobody else
shall have as many wives as he has.
According to the superintendent of
the Tullman company, postal cars cost
about 95,000 each, but the republicans
of McKi nicy's and Roosevelt's admin
istration have paid over $0,000 a year
rent for each car. Who gets the rank
oil is not yet revealed.
Just wait! You'll see us get togeth
er before November's ballots fall; who
ever wears the favorite's feather
responsive to the peoples' call to head
the bust aud lead the ball. Where'er
the wind, what'er the weather, united
marching, one and all, you bet you'll
see us flock together.
The friends of Lleutcnant-General
Miles are in a real fidget, because the
General has not yet been reprimanded
from the White House for his admira
ble speech at Chicago. Is "Teddy the
Terror" forgetting his obvious duty?
That speech was patriotic and humane
enough to merit punishment of some
I . !
It turns out now that the reason
why Harrison and other candidates for
the republican nomination for govern
or withdrew from the contest, was that
they did not care to shoulder the re
sponsibility of the present revenue law,
which the republican party will be
compelled to do in the ensuing cam
paign. Wiikn Nebraska Day rolls round and
the present chief executive puts in an
appearance the visitors from other sec
tions to the St. Louis World's Fair
should receive notice of his arrival
thusly: "Behold the mldgctgovernorof
Nebraska little In stature, little in In
tellect and llttlo in the hearts of his
' Wiikn the St. Louis convention
meets, there should be calm reflection
on the fitness of candidates and state
ment of principles. The situation of
1904 docs not warrant any other atti
tutc on tho part of a delegate from any
stato. Essentially the party is now
.united on every question before the
country. When a leader talks of pro
voking strife over nothing, It makes
no difference whether ho lives In New
York or Oregon, ho is not fit for leader
Bhl p. Why should tho people who arc
anxious for democratic success permit
such men to be leaders at all? Thone-
cessjty Is for democratic amity and uni
fication. The time has come when no
obstacle to harmony exists in the
actual issues forced by events upon the
attention of the people. Let us have
democratic peace. Let tho voter tell
the leaders that ho who Is not for pcaco
Is no democrat.
An Imposition on the Court.
The News appears to be dissatisfied
with the manner in which the Journal
chronicled an account of the decision
of the now famous suit of Kupke heirs
vs. l'olk, et. al., and no doubt fancies
it has hit the Journal a hard jolt when
It quotes certain paragraphs from the
court's opinion that were made a part
thereof "In pursuance to a written re
quest of the defendants, Carey S. l'olk
and John Stroy," (so stated In the opin
ion, and which looks like an Imposition
on the court.) These paragraphs and
allowance of $2,500 to Polk as attor
ney's fees, may have been allowed as a
soothing lotion, but It is more than
possible that it Is the result of smooth
work from the fertile brain of the lead
ing attorney for the defendants with
an ulteror motive in view that will re
sult to advantage in the supreme court.
It is not the purpose of the Journal
to print anything that will reflect upon
the learned Judge who rendered this
decision, but with all due respect for
the ability, fairness and integrity of
Judge Jessen, we find it Impossible to
reconcile several paragraphs of his
opinion with the conclusions thereof.
In fact, outside of counsel for the de
fendants, we have found no attorney
that would attempt to do so.
However the deal was set aside by
the court and the property taken away
from l'olk and restored to the heirs
where it undoubtedly belongs. If
there is no fraud in the case, Polk
should not be deprived of his gains in
the deal, and the court has done him
an Injustice. If there is fraud In the
transaction Itshould be pointed out by
the court in terms unmistakable, and
Polk should not only be deprived of
the property In controversy, bnt he
should be denied an attorney's fee, es
pecially when same has not been asked
for In his pleadings. Why should he
be allowed a fee of 82,500 for perpctrat
Ing a fraud upon these heirs?
"The suppression of material facts,
which one party is legally or equitably
bound to disclose to another, is a case
of actual fraud." This is what we find
in Bovier'sLaw Dictionary. Now we
will do a little quoting from this opin
ion ourself:
"The court finds as a matter of fact.
that the defendant, Polk, at the time
the negotiations between himself and
the plaintiffs were in progress that re
sulted in the execution of the deeds
and written assignment, stated to the
piaintl lis that the will of Ernst Kupke,
deceased, was a good will on its
"And the court further finds, with
out request from cither party, that at
the time the defendant, Polk, obtained
deeds for the lands mentioned above.
and other personal property belonging
to the estate of Ernst Kupke, deceased,
lie was in possession of Jacts evitkneinq
the invalidity of said will, and whiuh fact's
lie aid not mention or reveal to trie plain'
tiffs." ,
Thus It is seen that the court has
handled this case with gloves and has
refrained from anything but a veiled
Intimation of fraud, although the legal
conclusions to be deducted therefrom
spell FRAUD in big letters, if Bovicr
Is yet an authority, and this Is probably
the basis for the conclusion arrived at
by the court which we give in full
"The court further concludes that
through the suppression of facts con
needed with and surrounding the exe
cutlon of the will of Ernst Kupke,
which racts were In the possession of
and known by the defendant, l'olk, at
uie nme ne negotiated ror ana receiv
ed the deeds and assignment from ttie
plaintiffs herein, the defendants, Carey
S. Polk and John Stroy, have obtained
and now hold all the assets of the es
tate of Ernst Kupke, deceased, Includ
ing notes and mortgages to the amount
of $14,000, which represent the pur-
cnaso price or tne real estate described
above, and which In equity and good
conscience snouia ueiong to the plain
In the opinion of the Journal such
transactions should not be handled so
gingerly, even if tho perpetrator does
try tohlde his nefarious schemes under
the religious cloak. But probably this
Is some more "rot" in the eyes of the
Polk organ.
Last Saturday every county in Mis
souri that held democratic primaries
was carried for Folk for governor. We
are pleased tc note that our old home
county (Scotland) went for Folk five to
one. A few weeks since, when the dis
graceful proceedings enacted by Harry
Hawes and cohorts in the St. Louis
became known, the Journal remarked
the action of the St. Louis hoodlum
element at the polls would wake up
the rural democracy, and It has. The
nomination Is now virtually conceded
to the bribe prosecutor. Jim Reed is
a good man, but he Is caught in bad
companyj who have no doubt Invented
a scheme to side-track him for all fu
ture aspirations.
Tiik democratic party needs no re
organization. It is organized, from
the national committee to tho village
club. The Issues aro plain and are un
derstood. The voters arc ready to sup
port the party. Tho sole contention,
when analyzed, is over the matter of
what set of men shall wield the novvcr
of party leadership. The democrats of
the nation, through their representa
tives at the St. Louis convention, will
certainly prove most capablcof settling
that question.
Robbed the Grave.
A startling Incident Is narrated bv
John Oliver of Philadelphia, as fol
lows: "I was In nn awful condition.
My skin was almost yellow, eves sunk
en, tongue coated, pain continually In
back and sides, no appetite, growing
weaker day by day. Three physicians
had given mo up. Then 1 was advised
to use Klectrlc Bitters: to mv great
Joy, the first bottlo mado a decided
Improvement. I continued their use
for three weeks, and am now a well
man. I know thev robbed the crave
of another victim." No ono should
fall to try them. Only 50 cents, guar
anteed, at F. G. Frlckc & Co's drug
From the Leader-Echo.
A daughter was born to Mr. and Mrs.
George Wilson, Tuesday, April 19.
Born ToMr.and Mrs. WalterCroni
well, on Monday, April 1, a nine pound
George Buell has been very sick the
past week from an ebscessof the lungs,
following an attack of the grip.
C. D. Clappexpects tocommencethe
erection of a fine two-story residence
on the site of his present residence, in
about two weeks.
Pete Nickel is figuring on erecting
a commodious new residence on his
fine farm, four miles northwest of Elm
wood. Captain David McCalg wasat Platts
mouth Friday visiting friends and tak
ing a look at the cannon In front of the
court house.
Our genial miller, Claus Brecken
feld, who has been dangerously ill for
the past two weeks with neuralgia of
the stomach, has so far improved as to
be able to sit up, we are glad to learn.
B. I. Clements, who was very ill for
two weeks with ulcer of the stomach,
was so far improved as to be able to
ride up town for a few minutes Tucs
day and expects to be about again In a
few days.
The school board met Monday and
elected teachers for the ensuing year
as follows: Principal, Prof. Gamble
of Union; assistant principal, Mrs,
Leiby; intermediate room, Miss Laura
Miller, grammar room, Millard C. Lef-
ler. Principal Simons and MissTowle
were re-elected at a previous meeting
but did not accept.
Mrs. Maggie Gillisple received a tel
egram, from Waverly, Kansas, Friday
announcing the serious illness of her
sister, Mrs. Mollle Rltchey. She and
her father, A. J. McNamara, left that
evening for Waverly to be at her bed
side, and were present when death
came to claim her, Wednesday. Her
death was caused from a complication
of measles and pneumonia. The re
mains were shipped to Wabash, where
the funeral will occur at 10 a m. today,
Notice to Creditors.
In County Court
Cedar Creek
Special Correspondence. '
Mud and water almost knee deep In
Cedar Creek, and full of crawfish and
Charles Freeman was a Tlattsmouth
visitor last Saturday.
One day last week as Charley Fetzer,
the road overseer In district No. 12,
was driving through this vicinity tied
hit team to a fence to examl ne a bridge,
He had been under the bridge but a
few moments when the team broke
loose and started up the road at a good
gait, and Mr. Fetzer of ter them in hot
pursuit. The horses dashed against a
board fence and were caught and tied
up by some of the school boys until Mr.
I etzer arrived. No damage was done
to the rig.
George Hell Informs us that that
College Hill was quite muddy last Sun
A Glendale glrl'baked a good many
pies last Saturday, as she expected her
best fellow there the coming Sunday,
but on account of too much rain he
failed to come. So In order to get her
pay back for all the work she done she
sat down to the breakfast table on
Monday morning and ate a whole pie
Maple Grove
Special Correspondence.
Henry L. Long Is quite sick with the
John Bock celebrated his seventieth
birthday Sunday, April 17. Quite a
number of friends and relatives were
Charles Boedccker lost two of his
cattle last week.
Mr. and Mrs. Herman Beck went to
Elmwood last Saturday to visit old
Miss Mao Fulton of Nehawka visited
in this neighborhood last week.
Charles Herman, Will and Otto Puis
were among the Murray visitors from
this locality Friday.
Mr. and Mrs. Henry Enuelkemcier
were Tlattsmouth visitors Saturday.
There was a fine little surprise dance
given at the home of Mr. and Mrs. Fred
Lngelkcmeler Saturday night.
Mr. and Mrs. Henry Engelkemcler
visited at the home of Mr. and Mrs.
W. II. Puis Sunday.
Decision In the Cutler Case.
Following Is a brief history of the
matter In which Henry C. and George
II. Cutler are nlalntlfTs anrl "V. ir
Meeker Is defendant, and which was
recently decided In favorof the plain
tiffs in the supreme court:
Martin B. Cutler died in 1885. At
that time ho had a contract for tho
purchase of 520 acres of land from the
state, and had paid but a tenth of the
purchase price thereon. After his
death his widow claimed dower right
In 200 of these acres mid was given the
possession and use of that during her
life. She paid tho remainder of tlm
purchase price and at her death willed
It to Meeker and others. The sons
laid claim to tho property, claiming it
descended to them Just as though it
was real estate owned by their father.
The court says that this Is correct,
that tho widow was not legally enti
tled to be endowed therein. The court
says: "The Interest of the vendee In
possess of realty under contract of sale.
a part of tho purchase price having
been paid, at death descends to his
heirs and does not pass to tho admin
istrator. It Is Inalienable, descendi
ble and devisable in like manner as if
It was real estate held by legal title."
The property is valued at I10,ooo. j
.titi or Nebraska, I
Cans County. (
In the mutter of the estate of Lewis V. I o!i
NOTICK U hereby (riven thHt the creditors
of ntd dcccasisl will meet tlie Adminis
trator of taut estate, lieforo inf. County
Juilife of t&vt county. NYliranka. ut the county
court room In I'latLMiiotuli. In ald county, on
the 31st day of May A. 1.. I '4. itnil un the 31st
day of tviolvr is4. at 10 o'clock a. m. each
day, for th purpose of presently thrir
claims for examination, udlustincnt anil
allowance Ki months are allowed for tin'
creditors of italil diseased to present their
claims, and one year for the administrator to
wine lain estate, rruni the jniti uity or April
Witness nir hand and the seal of said coun
ty court, at VlatlkUiouth. Nebraska, this ilh
day of April, 1U04. lUHVtr I). Tiiavis.
seal County J iiUtfe.
A' undersigned has tiled his petition as re
quired by the statutes of the Slate of Ne
braska with the city clerk of the city of
I'laHsuioulh, Nebraska. rtsUfstlnir a license
to si1 1 1 mall, spirituous and vinous liquors for
the coming municipal year In the bulUllim
stiuuiea on ihock iweiiiy-seveii 1-. totseleven
and twelve (II & 12) In thuc Ityof I'liittsmouth.
Nebraska. Km KM! Oi'Ki.T.
April is. 1V01. Applicant.
Perry's Restaurant
gShort Order House
S Meals Sorved at Regular K
8 Meal Ilours.
Fresh Oysters
jj (IN SEASON) j
b Fish or anything in Markot.
riTTTW TTC1 1 t T T
uivrj no iv ua.Li.Li.
P. UTTERBACK, Proprietor, S
North Sldt . Main Street
et Q
'COf'TSiOMt .
Those who try to win them by
reckless speculation are most
often unsuccessful. Legiti
mate methods of acquiring
wealth founded on the most
solid of financial principals
are offered by .
And marching
straight to
Ueelbaef? I ?o,
where you will be ro
paid for your trouble
by getting the best
on the markets.
Canned Goods,
fresh daily from the markets.
gathered fresh every morning.
'Phone 54.
Waterman Block Plattsmouth.
Wall Paper
I have just received my new
stock of Wall Paper.
Remember, our stock is all
new no paper left over from
last year.
Come in and let us show
you what pretty patterns we
You'll be surprised to learn
how nicely you can paper a
Geo. W. Gilman
riuttnmoulli t i Nvlirasko,
Probate, Commercial Law, Real
Estate Litigation
and forcclusurcof mortgages a specialty
. T
scapie aqa fancy urocenes, gueensware, h , o
. ;: fa x
in . r i ti ft L - .J CUmma V"
ury uocas, notions, dopes mm onuss n
General Merchandise
Independent Telephone No. 198
Plattsmouth, Neb., March 10, 1904.
Dear Reader:
We see new faces every day, but we still we still
want to sec more, so if you have not called and given us
a trial why not do it now.
Our business is increasing every month, but is still
in its infancy, and a robust infant at that.
You can save money by joining hands with this in
fant, as it will lead you to low prices, first quality goods,
courteous treatment, full weight and measures.
All we ask is a trial by you, dear reader. We want
you for our judge
Yours to serve,
o 8
" 8
TaIto V .aVAtito Rpatha Hitinma t.vuJ r st
r. ". wiukUM hi viuv .miaaia ovkm, v i sfJW
U Seven Million boxes sold In past 12 months. ThlS Signature. Tr
Caret Crip
b Two Days.
rrznrL box. 25c
Independent Cigar
Challenges Comparison in Quality
unU Wurkumu.slilp.
Preparing ahstniotsof title, conveyancing
and examining titles to real estate u special
ty. Work properly dono and chaws reason
able. oiHee: Rooms 6 and 7, John (jiind
HulldlnK, near Court House. Plattsmouth,
offices Plattsmouth,
Waterman Block
Platts. Phone, K
V Abstracts of Title V
TI?oma5 Uallir.
OFFICE Anheuscr-Busu Block.
Qlt. MA liS HALL,
All klnda of Cental work. Plates mado that
fit. 20 years ex perlence. Prices reasonable.
Work guaranteed.
office fltzoerald block.
i Hack
( anc
! Baggage
V Line.....
Great Sale of
Sample Bolt
Silks This
Week. Don't
Fall to Order
t Once.
The Reliable Store
Our Sarape 1
Bolt Silk
Sales are the
Sensation of
the Season
Removing of Household Goods a
Specialty. Also, Heavy
& Ramge
Still load all other Meat Markets in
furnishing the people of Platte
mouth and vicinity with
First Class Meats
Of Every Description.
Fresh and SmoHed Meats,
Fresh Fish, Lard, Etc. Etc
Tlicy have removed to the first room
west of their old stand.
lly courteous treatment to all they
hope to retain their present patrons
and jtaln many new ones.
Osteopathic Physician
Chronic Diseases a Specially
Cunte lllock. rcMtn2;ri and ?M. (Mice hours
I) to i: a, in., I !"! I), tn. anil 7 toy p. in. by ap
pointment. 'Ii'li'lili'ines, olllco 'Mi; resilience
at Perkins lintel.
Dr. Ehtert Dentist,
Waterman Block,
The Best Way
To make your dollars go a long way is to buy your
goods at the BIG STORE, where variety is almost unlim
ited, goods always the best the market affords, prices the
lowest of the low and absolute satisfaction guaranteed.
Iii Our Dress Goods Department
We are Offering This Week
All shades and black all-wool Alberta,
. 38-inches wide QjJ
Black, blue and brown, 54-inch Mohair
at.1!1!?- 49c
Black and blue, 64-inch cravenettcd
Sicillian "Jgj,
Brown mixed, blue mixed, green mix
ed mohair, in little flaked effects,
the latest weaves on the market.
Kef ular $2.50 quality, ,
.1 69
45-Inch Lupin's voiles and Crepe do
Paris, in all the new shades OOa
out, 11.50 quality for OOC
45-inch fancy voiles in black and colors
our 11.08 quality I Oft
54-inch Priestley's cravenottcd Sicil
lian, the 12.00 quality
You will find here one of the largest and finest
stocks of HIGH GRADE WASH GOODS ever shown
in a retail store east or west. Thousands upon thousands
of beautiful wash fabrics, both imported and domestic to
select from.
This Week We aro Selling
Fine walstings, white or eolored
worth 25 to 80c yd, full pat- fid
tern of 3 yards, pattern Dd
White hatisto, chllTon finish, 45-inches
wldo, worth 50c nn
Jrd 1$
We have now on dloplay tho great
est assortment of all that is now and'
handnonie in Wash Suitlnf Fabrics.
Anything in Wash Fabrics that is de
pnndablo aud strictly new and season
able can be had in this department,
and prices always to meet the approv
al of well informed buyers.
Samples of Dress Goods for Spring, also our new
Special Catalogues now ready for distribution. Send for
16th ape Dodge Streets.
Fine Fateen, mercerized, for nhlrt
waist suits ' C
for I J
Fino wash folic, all colors, also C
black and whito, yard IJ
Fine silk organdies, in hand- QC
some designs, yard ZJ
Tongee, 30-In wide, silk and linen, tan
or champagno shadeti, regular 7C
$1.25 fabric, yard 10
Tongoe, silk warp and silk embroider
ed, 27 Inches wide yin
worth "5o at H3