ll&ttemoutb journal
Semi - Weekly
EIGHT PAGES
VOLUME XX VIII
PLATTSMOUTII, NEBRASKA, Til U I? S DA Y, MAY . 2S, 1908..
'NUMBER 12 1
Sen l-Weekiy
EIGHT PAG ES
vim
n mnnn(?Mnn n re
Judge Travis Denies the Writ Where There is
a Tie Vote There is no Eelection His
Opinion Clearly Defines the Law.
The recent village election in Louis-
ville resulted in a tie of the members of
the board of trustees or council. Then
came the matter of deciding the tie.and
suit was brought in the district court to
decide "who was which," and Judge
Travis' opinion is as follows. The case
is entitled, "In Re State ex relWaldron
vs Jacobson et al:"
It appears from the petition and the
evidence in the case that the village of
Louisville is a municipal corporation,
acting under what is called the "Norfolk
Charter," as a village having more than
two hundred and less than fifteen hun
dred inhabitants. It is governed by a
board of trustees. At the village elec
tion in April, 1908, the vote on trustees
resulted in a tie vote on three trustees,
candidates for election, and the canvass
ing board found from the face of there
turns that there was a tie vote as to the
aforesaid trustees. The relators claim
that the law cast the duty ofdetermin
ing the tie by lot upon the board of
trustees, acting a? a canvassing board.
The respondents deny that the law cast
any duty upon the board of trustees or
canvassing board to determine who was
elected, by lot. It is clear that if the
statute does not in terms make it the
duty of the canvassers to cast lots on a
tie vote, that they could not do so. In
case of a tie vote, where no one is au
thorized to cast the deciding vote or the
statute does not provide for casting lots
there is no election.
Erdman vs. Barrett, S2 Pa., St. 320.
Stories of the Storm.
There are many stories of peculiar
happenings at various places in the
tornadoes of last week to the west and
south of Mills county. Following are
some of the strange capers of the wind
near Shenanhoah, says the Glenwood
Tribune:
A hog hide was found hanging on a
tree, where the hog had been as com
pletely skinned as if done by an expert.
Six large hogs weighing two hundred
and fifty pounds, were carried six
miles. A cook stove was dropped
down unhurt, and they have not yet
found where it came from. The har
ness was taken off a team without
hurting the horses. A man, his wife
and little girl were taken up and car
ried some distance and laid down
within two feet of one another, leav
ing them unconscious, but all three
will recover. One man had his shoes
taken off his feet. One family went
into their cellar; their house was
taken off from over their heads, and
a mare that was in the barn was drop
ped into the same cellar unhurt. Two
horses were carried over one-fourth
mile and dropped down, but little in
jured. True to the Letter.
The Beatrice Sun truthfully remarks:
A house divided against itself shall fall.
A community burdened by the presence
of knockers, chronic kickers, obstruc
tionists, ferninsters, pullers-back, like
the house divided against itself, cannot
stand. It cannot even stand still, for
the onlv alternative to progress is to
retrogress.
Many a city has been reduced to vil
lage obscurity by the activity of unscru
pulous, self-seeking agitators whose
ambition is to keep up a row and to
keep the city divided against itself. Dis
sension between various classes, cross
purposes of various sections, jealousy
and suspicion should be discountenanced
and discouraged.
Let us have peace and harmony, with
everyone pulling together and pulling in
- the right direction.
CoAn the Old Missouri.
Carson D. Turkel and Fred A. Hart
men, of Omaha, came in Sunday on
a gasoline launch and stopped here for
the day visiting with friends, and to
day departed for the south, following
the river, and will make the entire
distance by water from Omaha to
Pittsburg, Pa. Thfey will go down
the Missouri and Mississippi, and up
Ohio. They expect to make the trip in
about thirty days.
CaiTTEB
People vs. Vaughan, 18 Wend., 515.
State vs. Adams, 53 Vt., 694; 4
Atl., 228.
Does the statute so provide? We find
the general election law provides that
the county clerk may cast lots in case
of a tie vote between candidates for
election. This relates solely and alone
to county or precinct officers. A village
officer is not a county or precinct offi
cer. The act of the legislature govern
ing villages does not provide for casting
lots on a tie vote, although that part of
the charter providing for cities having
from one thousand to five thousand in
habitants provides that the election
board, in case of a tie vote, shall cast
lots. If said statute should be construed
to apply to the election board of a vil
lage, still this would not avail the rela
tors anything; they having brought this
action against the village trustees as a
canvassing board and not against the
election board. The general election
law does not apply to village elections,
unless it especially so states. The
county clerk in case of a tie vote on
county officers or precinct officers may
cast lots to determine who was elected,
but by virtue of his office and authority,
he has no power to determine by lot a
tie vote in a municipality in the county.
Where there is a tie vote there is no
election, but either party may contest
the election, and this is the remedy of
the parties seeking the office of village
trustees in this case.
, The writ is denied.
BOGUS REAL
ESTATE DEALERS
Plot to Dispose of Land
in
fliobrara Reservation
A special from Indianopolis, Ind ,
under date of May 23, says: An alleged
plot to dispose of the land in the United
States military reservation at Fort Nio
brara, Neb., by means of false deeds
and abstracts and mythical names and
characters was exposed this afternoon
when four real estate dealers were ar
rested by federal officers. The men ar
rested are Edward F. Kesler, George
T. Voorhees, James N.Newby and Perry
F. Carr. The specific charges against
the men are that they used the mails to
defraud and entered into conspiracy to
defraud by the use of the mails. Some
of the tracts of land sold by the men,
it is alleged, have been sold twice. One
man bought 160 acres on which the build
ings of the military post are situated.
In most cases, it is alleged, it was rep
resented that the Nebraska land was
owned by a man named C. Hastings
Reid of Polk county, Iowa. In other
instances the owner was represented to
be Thomas L. Thomas, of Polk county,
Iowa. It is said there are no such men
lne rort JNiobrara reservation con
sists of four townships and it is alleged
that nearly 6,000 acres have been sold
in a fraudulent manner. The alleged
fraudulent sale of the lands came to the
attention of the authorities when some
of the deeds and abstracts were sent to
be recorded. The men arrested appear
d before United States Court Commes
sioner Morres this afternoon who grant
ed a continuance until June 1.
Returns From Canada.
Sunday, W. S. Soper returned from
a trip of three months to his farm near
Gleichen, Alberta, Canada, where he has
been superintending the putting in of
the crops, and the building of a house,
the digging of a well and otherwise fix
ing up his home. Mr. Soper says things
look fine in that country, and that the
crops are much farther advanced than
they are a thousand miles this side of
that place. The wheat, oats, flax and
barley are all up and growing nicely
with every prospect of abundant crops.
He is very well pleased with the coun
try in which he has his farm; he says
that land is selling from $15.00 to $75.00
par acre. He has seventy-five".icres of
oats, and about thirty acres of wheat
and feels as though it would make a
good yield.
YES, WE WILL
CELEBRATE
mm , ... -s. .
Meeting lUeSIiay lllgni leil
Atfonrfoff onrl a KtfA
niiviiMifii huh H uvwu I
Cfapf f1afa
Oian ,iauea
The meeting held at the council cham-
ber last evening to start the ball to
rolling in the direction of a Fourth of
July celebration, was a success in every
particular. The attendance was pretty
well represented by business men, who
seemed to have went after the matter
with a vim and a push that meant
something, and a successful celel ration
is assured. After the organization of
the meeting, the following officers were
selected:
President E. H. Wescott.
Secretary-John Hatt
Treasurer F. G. Eeenbereer
The hustling committee is composed
of H. R. Gerintr. Ed. Donat. J. E
McDaniel, M. Fanger and J. W
Crabill.
The hustling committee is composed
of fellows who are hustlers in the full
est sense of the term, and if the money
necessary to pay the expenses of the
big celebration is not forthcoming, it
will be because the people won't give,
ana n tne celebration will not prove
one of the largest ever held in the city,
it will not be because thev will not
hustle to make it so.
It is the first time since we have been
resident of Plattsmouth that the
citizens have pursued the proper course
to have a big celebration. And not
that it has got a good start, let all
our citizens put their shoulder to the
wheel and boost the Fourth of July
celebration to a successful termination.
Let us have one that will bring the
people here, let us have one that wi 1
be a credit to the town, and those who
come here from other towns, can go
home and speakcreditably of the grand
time they enjoyed in Plattsmouth.
The following committees have betn
appointed for the 4th of July celebra
tion. A meeting oi all members is
called for Thursday evening at the
council chamber at 8 o'clock.
Every
one is urged to be present:
Advertising H. R. Gering,
V. C.
Ahlstrand, Henry Goos, R. A.
Eates
Wm. Barclay and Geo. L. Farlev.
Fireworks John Bauer, jr., August
Bach, jr., Ed Donat, John P. Sattler,
Ed. Lutz and John Nemetz.'
Grounds and Program W. C. Ram
sey, U. A. Wurl, A. L. Tidd, Kobt.
Sherwood, Fritz Fricke, L. B. Egen
berger.
Games and Amusements Hugo Ase-
missen, D. C. Morgan, Ed. Tutt, John
Hatt, jr., Henry Schneider, Charles
Wilkins.
Finance F. G. Egenberger, M. Fan
ger, J. E. McDaniels, John W. Crabill
and Frank Schlater.
Executive Committee E. H. Wes
cott, president; jonn .Hatt, jr., secre
tary; F. G. Egenberger, treasurer, and
Mayor H. R. Gering.
Robbery at Nehawka.
L.asc inursday evening burglars en
tered the store of Sutphin & Dale and
abstracted forty dollars belonging to
James Williams, a laboring man in the
east quarry, that had been left there
for safe keeping. The culprit, whoever
he was, had a key which unlocked the
door, and all he had to do was open the
door of the safe and take the money,
which was in an envelope.
After rifling the drawers they went
out, locking the door after them. They
also replaced many of the papers that
they had taken from the safe.
No one seems to be suspicioned in
fact there are crooks passing through
here nearly every day, going to the
quarries, making a stake and pass on
l he wonder is that there has been no
more robberies and burglaries than there
has been. If you have any money put
it in the bank; it is the only safe place
from crooks. Nehawka Register.
Excursionists Return.
Most of those who went to Omaha
yesterday returned on No. 2.
which arrives here about 5 o'clobk. It
must have been a most pleasant spec
tacle to our merchants and business men
generally, to view the crowd as they
filed up Main street, many of them
loaded down with goods, which the
cheap rates given them by Brandies,
induced them to buy, while in the
metropolis of Nebraska. Here we are
with a population of six thousand peo
ple, trying to keep what we have and
get more if possible, while we have a
portion of that number who are trying
to tear down what others are trying to
build up, by going to Omaha and spend
ing the money that properly belongs to
tbe'marchants of Plattsmouth? Shame !
Doing Some Excellent Work.
This morning we had an opportunity
to see some of the work done by the
artist, J. F. Stephenson, who is making
his home at the Perkins House. During
luc jjast ween. lie una paiuieu a piiiuic
i - K i i :x i
of Eli Manspeaker's driving mare,
yuen wnichis a fine piece of art.
.tie aiso painted two pictures oi some
tne stock of Luke L. Wiles, one bull
"Closson" No. 13,280 and a cow and a
calf, "Queen Ella," No. 17,445, and
"Margarite," 16,578. All fine work
THE FUNERAL OF
MRS. J. . STONE
A Large Number of Relatives
Attend Last Sad Rites to
the Noble Lady.
The funeral of Mrs. J. M. Stone was
held Tuesday in Nehawka at 2 o'clock,
and the remains attended to their last
resting place by a large number of re
latives and sympathetic friends who
have known the deceased for many
years. The services were conducted
by Rev. Alesworth, of the Christian
church, of Bethany, who paid a greatly
deserved and interesting tribute to this
noble lady. Mrs. Stone was a member
of Queen Esther Chapter No. 1, O. E.
S., of Nebraska City, which intended
to attend the funeral in a body, but
could not do so on account of the man
ner in which the trains were running.
The deceased was a member of the
Rebekahs of Nehawka, who attended
the last sad rites of their sister in a
body. In speaking of the deceased, the
Nebraska City News says:
Mrs. J. M. Stone, one of the best
known pioneers of this section, died
at her home at Nehawka, Saturday
evening, after an illness lasting some
time. Mrs Stone has been ill for
several years and came to this city and
spent the winter taking medical treat
ment. She gradually grew better and
some weeks ago concluded that she
was about well and returned to her
home. She was taken ill with the grip
shortly after that and before she re
covered she developed pneumonia.
Despite the fact that everything possi
ble wa3 done for her by kind and loving
hands, and the best medical skill was
secured she gradually grew weaker
and on Saturday evening went to sleep.
The deceased has been a resident of
this state since early in its settlement
and was married to Mr. Stone in a log
cabin which was situated on the place
where they afterwards made their
home and reared their family. The
marriage took place in 1860 and the
deceased was 19 years of age at the
time. They made their home on the
farm, which was near Factoryville and
in 1894 they moved to Nehawka, where
they have since made their home and
aided in the upbuilding of the little
town. She and her husband, by their
labors and frugal manners, accumulat
ed much of this world's good. They
were both hard working people and
when thev moved into town they con
cluded to enjoy life which they did
She was a good christian woman, held
in high esteem by all and her death will
be deeply mourned. Her many friends
here deeply are grieved to learn of her
death for few, if any of them, realized
that she was as ill as she proved to be.
She was a loving mother and a devoted
wife. She leaves a husband and five
children to mourn her death, they being
Mrs. Dave West, Lester, Charles, Bruce,
and Carl, all grown.
Worked Insurance Swindle.
A special from Nehawka says
number of farmers in this part of
A
the
county have been swindled by an in
surance agent. In the last week of
April a man solicited insurance for the
Bankers Accident Insurance company
collecting and receipting as he went.
After waiting a few weeks for the
policies and receiving no word from the
company, the matter was taken up
with County Attorney Rawls. A letter
from the company stated that they had
no one of the name given by the solicitor
among the agents and asked for a des
cription of the man claiming to repre
sent them.
Getting Along Nicely
Tom Svoboda received a letter last
eening from his brother Frank, who is
now at Hay Springs, Neb., in which he
says he is feeling a great deal better
t lan he has for some time, and thinks
he will improve right along now.
Frank's many friends will be pleased to
learn of his improved condition. In the
same letter Frank says that Chris
Koehnke is engaged there in errecting
several buildings for different parties
at that place.
oitv council
Quite a Lively Session Bids for Sidewalks
and Crossings Presented, and Re
ferred to Proper Committees
With the single exception of Will A.
White, who was sick at his home the
city, legislators were ready for business
last evening at the appointed time, and
after the roll had been called, the nota
tions made and the reading of the
minutes disposed of, a communication
was received from contractor L. G.
Larson, stating that he would remodel
the Herold building and wished permis
sion to use a portion of the street and
alley abutting for the purpose of plac
ing material while the building is in the
course of construction, this being the
new bank building, the request was
granted.
Reports of Committee.
Two side walk petitions in regular
form, asking the construction of per
manent walks, with the seven year
time payment of Emma A. and Olive
Moore, were granted. The finance
committee not being ready to report.
The report of the Chief of police was
handed in and given to the police com
mittee. Then followed the report of
the street commissioner in which the
l eport of his work nearly covered the
town, and showed the working out of
five taxes, as follows: August Schilin
sky, P. F. Thierolf, V. M. Mullis, P.
H. Kelly and Walter Brittain. After
this had gone to the street committee,
the finance committee announced itself
ready to repeat. They recomended the
payments of the claims following this
article. They also reported the check
ing up of the books of the treasuer,and
finding them correct. The claim com
mittee reported favorably of the bill
of John Waterman for $9.30, which was
ordered paid. Then came in rotation
calls for the reports of the board of
health, board of public works, clerk,
treasurer, chief of the fire department,
with no response. The judiciary com
mittee asked for more time and got it.
Nothing to offer from the licenses com
mittee, while the fire and water com
mittee reported the finding of the re
port of the chief of the fire department
O. K., and recommended the repair of
the tool box as requested.
On motion of Weber, the grass in the
cemetery was ordered cut before
Decoration Day, while Sattler said that j
in conversation with the sexton, that
he (the sexton) said he would not mow
the cemetery again for the yearly al
lowance of $150, but in order that the
work may be done before the time, he
offered a motion which is considered as
an amendment, that the committee be
given power to act that in case the
sexton refuse that they could secure
some one to do the work. This was
followed by a motion from Steimker,
appropriating not to exceed $75 for
the payment of the work. These
motions were consolidated and all pre
vailed. Steimker offered a motion to
dismiss the sexton which was not con
sidered. Later another motion to have
the work done and the amount taken
out of the salarv of the sexton, which
prevailed; and the matter parsed after
a long time of discussion. Gas and
light committee had no report. Police
committee reported O. K., on the re
ports of the police judge and chief of
police.
Miscellaneous Matters
Upon recommendation from the finance
committee, White, Schuloff and Sattler,
telling of the road fund being over
drawn, a motion prevailed that there be
no more work ordered but what was ab
solutely necessary. Three sidewalk res
olutions were offered, which were adopt
ed and ordered walks built along the
west side of Chicago avenue from
Charles Troops to the Louisville road,
abutting the property of Charles Troop, !
Ellen Pollock, and Nellie Parmele.
On a call of wards the t irst ward did
not want any work done; the Second
wanted permanent crossings on Locust
street, crossing Fourteenth, Duke and
Spring streets. They also wanted some
grading done on Eleventh, Thirteenth
and Eighth streets, to keep off an over
flow of some private lots. Third ward
wanted a crossing on alley on south
Ninth street, near Richey's residence,
and grading near the A. O. U. W. hall
in the alley, some grading near Dr.
Cummins' to prevent the water running
nay
from the street onto his lot; this was
asked by Bookmeyer and granted; Sat
tler said that the trouble came from a
private sewer which was allowed, and
which caused the trouble. This matter
Bookmeyer said would come up at an
other time. Steimker of the Third,
wanted crossings on the west side of
south Sixth street crossing allies be
tween Granite and Marble, or between
the Elson place and J. V. Egenberger;
between Marble and Rock and between
Rock and Gold. These were all granted.
He also wanted Seventh street opened
up to Silver, which was referred to the
street committee. In the Fourth ward.
Schuloff asked that the walk on Win
tersteen hill be repaired where it had
washed out during the recent rains, and
that grading be done for a permanent
walk along the east side of block No.
163, which was granted. Neuman called
attention to the fact that there was
water running over the property of Mi
chBel Whalen, washing clay and mud
over the lawn, and asked that a tiling
be placed under the walk, to keep it
from overflowing, and also that a ditch
be made to carry the water ofL
This provoked a good deal of discus
sion between the councilmen of the
Fourth and the mayor, who said nothing,
would be done, as suit was pending, and
that the aggrieved party had made the
ditch which flooded their lawn.
Mr. Neuman retorted that even if
there was a suit pending something
might be done to prevent another. The
mayor said that they were using 19
feet of the street anyway and that the
water was not running over lawn from
any fault of the city. The motion of
Neuman which had r.o second was dead
and he said if no one wished to second
his motion they did not have to do so,
and that street commissioner has dug
ditch which caused the trouble. This
ended the discussion and the matter
was dropped. Fifth ward, Vondror
asked that the gully which is washing
very badly in the middle of Chicago-
avenue, south of Bryant street, be fixed
to prevent injury to someone and dam
age to the city; this with a request for
a ditch from Irving to Bryant, on the
east side of the avenue, was granted.
Mendenhall of the fifth ward wanted
some grading done on Clara and Cass
streets, which was also allowed. The
street committee reported O. K.,on the
report of the street commissioner and
recommended the fixing of the culvert
near Neuman's place and placing a 24
inch tile in the place of the bridge near
J. R. Sanders residence, the running of
the grader over Chicago avenue as soon
as the weather would permit.
Bids for Walks and Crossings
The following bids were received for
the construction of side walks and cross
ings: Brick walk, according to specifi
cations, residence district 10 cents per
square foot; business portion, 12 cents;
and $1.20 per linieral foot for crossings,
by W. J. White. Emil Walters, for
residence district for concrete, 14 cents;
business district 15 cents and crossings,
running foot $1.20. Thomas Gall, of
Omaha, concrete work, residence dis
trict, 14 J cents, business district 15 J,
and crossings 21 cents per sqare foot,
H. C. McMaken and Son, 102 residence,
13 lor business and 24 for crossings.
The bids all went to the street com
mittee for consideration.
Claims Allowed.
Plattsmoutli Telephone Co., rent
New York Ueltlnir company, miM-.
.1. P. Cooke Co., rixlse
Dan Kice. killing do;.'
.
:
in
C. C. Tyler, same - ,
Wm. fiiiikrery, street work
Pal Tevan. same 1 '
John llarkens, same IT Pi
Clyde Funk, same 1 0T1
John Bates, same :.". T."
Claude Smith, same -'
P. A. Harrison, same 1'. Or
Frank Kushlnsky, same 3 l.
Gust 1'ein, same 10 -"
Frank Koucka, poll tax 3 00
W. L. Pickett, freight 1 32
Paxton V. iron -works erates 43 95
Wm. Rishel, St.. work 3 15
J. II. Merrlam, engineer 63 TO
M. A. Archer, oiling floor 1 50
IWm. Miller, carpenter work 9 00
John Waterman. lumber 9 30