The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current, May 27, 1909, Image 2
GIVES CITY NOTICE OF INJUNCTION GONE TO STT LUFF 0UMTKY EVv'ARD UP THE Nebraska Lighting Company to Secure Restraining Order Yesterday afternoon the opening gun In what promises to be a long drawn out and expensive lawsuit was fired when notice was served upon the city officials Including Mayor Sattler, Clerk Elster, Chief of Police Ralney and City Attorney Ramsey notifying them that next Saturday, May 29th., the Nebraska Lighting Company would ask the federal court at Lincoln for an In junction and restraining order pre venting them from applying the pro visions, of the ordinance recently passed by the city council which re duces the price of gas In this city from $2.10 per thousand cubic feet to $1.50 per thousand. The notice which Is drawn In ac cordance with procedure in the fed eral courts, recites that the ordin ance seeks to take the property of the Lighting Company without duo process of law; that It Is confisca tory In Its provisions and Is drawn without authority of law. It Is further contended that tho ordin ance Is unconstitutional, null and void and that there Is no authority In the city charter for passing such an act. The hearing will be had at Lincoln before Federal Judge T. C. Munger who will bo asked to restrain the authorities from prosecuting parties violating tho provisions o? the ordin ance. The ordinance as drawn and passed provided a penalty for any person seeking to collect more than the legal rate for gas fixed by the ordinance at $1.50 per 1,000 feet, each attempt being made a separate and distinct offense. The ordinance was recently passed by the council after an agitation started over lighting the city. A demand for cheaper gas rates was made by the people and the council In accordance with this passed the ordinance. At the time It was pas sed It was believed the company I would fight It but later the officials cf the company came down to tho city from Omaha and held a con sultation with tho local officials at which they asked the city to repeal the ordinance promising In return that they would use every endeavor to give the poopio better service and as cheap lights as the city could pos sibly get. Nothing was done by the city In the matter and the notice of proceedings served yesterday was the Initial movement of proceedings' Judge II. I). Travis cleaned up his docket and handed down a few decisions In several cases which he had under advisement and lert for his home Saturday evening. Neb. City Press. Matthew McQuInn and wife are In the city today being guests at tho Terklns house during the next few days of court. ....CONKLIN PENS MAKES A VERY 6E3HIOH to fight the ordinance. ( Mayor Sattler, Interviewed yester day afternoon after the notice had been served upon him, expressed hla belief that the city should fight the proceedings' to the last ditch. He Is very confident that the city can beat the company and for this rea son he. advises fight. Speaking of the proceedings ho calls attention to the fact that the court at Lin coln In which he case is brought, only recently held that the ordinance fixing tho rates to be charged for gas in Lincoln at one dollar per thous and feet was constitutional and under this ruling, the mayor Is quite confident the $1.50 rate of this city will nlso be held constitutional. It Is said to be the biJIef of many at torneys In the city Including tho city attorney and attorney D. O Dwyer of the Judiciary committee of the city council, that the ordin ance Is constitutional and will be sustained. It Is a matteof regret that the ordinance has been forced Into the courts as It means considerable ex pense to the city with prospects of long continued and uncertain litigation for years to come. It also makes the matter of lighting the streets seem considerable In the fu ture as the two questions have be come so wrapped up In one another that the one cannot be settled with out the other. Public opinion as to the wisdom of tho litigation Is very much divid ed, many taking the stand that the Nebraska Company Is a local concern with considerable money Invested! here and for that reason that It should receive every consideration from the city. Others contend that the company has been vexatious and arbltary In Its position toward the city and the consumers and for that reason that the city should exercise every power It has to make the rates for gas lower. The really serious question which Is presented by the case, Is whether the decreased rate fixed by the coun cil will not cause the company to operate at a loss. Such being the case, under recent holdings in other corporation cases would Indicate that the ordinance could not be sus tained but would be held unconstitu tional. In any event, It Is hoped the matter will be speedily deter mined. Ralph White, the handsome and popular manager of the Nebraska telephone Company, was at Plntts mouth over Sunday on a visit with his parents and Incidentally visited with one of the young Indies of that city for a few hours, Nebraska City News. WANTED A stripper at P.udlg'8 cigar factory. UK KODAKS.... APPROPRIATE GFF Death Claims J. A. Clements, Well Known Citizen cf Elmwood Word was received in this city this morning of the death of J. A. Clements fcr about fifteen years editor of the Elmwood Leader-Echo and a brother of County Coroner CUments. , "Bert' Clements as he we popularly known, was one of the best citizens the town of Elm wood afforded. He was Just upon the threshold of a useful life when death claimed him as Its own. About the age of thirty-five years, he had already lived long enough In the world to have demonstrated his ability to lead men and make him self a power among them. Born In this county, he was a product of which the county can well be proud. All his life was spent In or near the town of Elmwood and the peo ple of that place cannot fail to mourn the loss of one w hom all knew to love and respect. His father pre ceded him to the better land some six or seven years since and his mother also passed away about one year ago. It Is understood here that the re mains will be brought from . the springs In Arkansas where he died to Einwood tomorrow for Inter ment. During his long association with the newspaper fraternity in Cass county, Mr. Clement3 had made himself universally esteemed as a newspaper man and the Journal, In common with the other papers of the county, Joins In a tribute to his worth to the community and the country newspaper. Under his able guidance the Elmwood Leader-Echo had taken rank as one of the best country newspapers In the state. The Journal differed widely with Mr. Clements In the theory of govern ment and what was best to be done for the welfare of the people, but It has only kind words for a man who did what his mind believed was the one best thing. It is to be regretted that Bert Clements did not live Iqnger to fully Impress his worth upon the destinies of Cass county and Nebraska. He was a good man and his loss Is Indeed 111. For several months he had bfen In falling health. Brlght's disease had fastened Its grip upon him and realizing that there could be but little more of this life, he several months ago disposed of the Leader- Echo by lease and made one last ef fort to recover his health but In rain. In his passing the entire com munity loses a faithful and good friend. . Ai-g(-Miiiiin .Case On. The time of the .district court was being taken up. today. In the trial of the damage case of Argo vs. Mc QuInn. This case was tried at the last term of court and resulted In a mistrial, the Jury disagreeing. Mat thew Gerlng appears fcr the plaintiff while . '-Byron Clark represents the defendant. The case arises . from an alleged assault which Mrs. Argo claims was made upon her by Mr. McQuInn resulting In a miscarriage and permanent Injury to the health of the plaintiff. The defense con tends that Mr. McQuInn who was the landlord of the Argos, only used the reasonable methods of defense against an assault by Mrs. Argo. The trouble between them arose over some land which the Argos were renting from Mr. McQuInn and which he sought to dispossess them of, A great array of witness are In the city from Union and Its vicinity and the trial of the case Is hard fought. It will not probably go to tho Jury be fore tomorrow night or the late af ternoon. Considerable of the testi mony Is of a technical nature being that of physicians. Murray Will Celebrate. The good people of Murray and vicinity are going to have a proper celebration of the Fourth of July this year They have organized an association and have the arrange ments well under way for making the day the biggest ever had In that thriving and hustling little city. The association I hended by live, hustl ing buKlness men who do not know what failure Is and that Insures suc cess for the affair. The celebration will take place on Saturday, July 3rd. (). A. Davis Is chairman of the organization, W, 0. Iloedeki r Is Secy treasurer while Jas. V. Holmes has charge of thi concession Anyone' wanting the privilege of operating n stand that day will do well to write J. V. Ilolme-s at Murray and write early for tin re will be plenty of ap plicants. It will be n fine celebra tion. Pr. (!. L. Mi 1-enl of Union. Is in he city teidny In attendance upon tin' Argn-McQuInn chmo belr.c a witness In the rase as a nie-dlcnl rjtpret. FAMOUS NORTH PLATTE VALLEY BEST IRRIGATED LANDS Thirty thousand acres fertile land in a splendid climate, water ed by one of the biggest irrigation systems in the country. No Ne braska land of equal area will support more families. Tuesday, May 18th Is the date of our second, excursion for the sale of the famous Tri-State land at Scott's Bluffs, Neb., said to be the finest single body of irrigated land in the United States, embracing 30,000 acres, of which 10,000 acres will be sold Immediately. This land is owned by the Trl-State Land Company, of which E. A. Cud ahy Is president, and is under the great Til-State Canal, one of the largest systems of Irrigation In the west, constructed at a cost of $2,000, 000.. Six four-horse teams, 24 horses," can stand abreast across the bottom of the canal, which for the first few miles Is ninety feet wide on the bot tom. It Is half again as large as the Immense government Pathfinder canal. Its headgates, dams, intakes, waste ways, and drops are wholly constructed of steel and re-lnforced concrete. Its every part represents the highest achievement of modern engineering skill and workmanship. The Tri-State Land Co. has pra- tlcally the first water right out of the oith Platte river, and for an Im mense amount of water. When it Is also remembered that the South Platte waters all the Irrigated land at Fort Collins, Greeley, Fort Morgan, Brush, Sterling and Julesburg, and supplies only one-forth as much water All irrigated Lands advance steadily to $300 and $500 per acre; they never go back. Think once more; act. For further information call on or write to Windham Investment o., Plattsmouth, Nebraska. Associate Agents with Payne Investment Company, General Land Agents, Omaha, Neb. IAH'ISVILLK. From the Courier. C. M. Seybert is having an ad dition built to his residence on Gos pel Hill. John Gauer, one of Cass county's prosperous farmers, has purchased a dandy new automobile. Miss Blanch Rothbun has return ed from her school duties In the western part of the state and will remain at home for some time. YV. F. Diers is having his fine resi dence on South Main street remodel ed, and Is building a new porch facing the east and south. C. If. llennlngs has resigned his position at Nichols' store to take effect Saturday. He has not decid ed as yet what avocation he will pur sue. There Is talk of organizing a county bnBo ball league. This Is a good Idea and will promote a friend ly feeling between the towns of the county. Mrs. Mathews of South Omaha, sis ter of Mrs. M. N. Drake, was down last Saturday evening to consult with the school board in regard to securing the pi lnclpalshlp of the Louisville schools. Little Margaret Seybert celebratd her eighth birthday anniversary with a number of her little girl friends Monday afternoon. Ice cream and cake was seTved. Fourteen little girls were present and they all had a nice time. The Courier Is pleased to note that n great many Improvements have be i n made at the cemetery within the past we'ek. Graves of departed friends have been fixed up, plants and shrubbery have been set out and the cennjtcry gene'rally beautified, preparatory for peroration Pay. John Argo and wife from m-ur Union are In the city today attending district court. OF NEBRASKA. at the North Platte, thesuffkiency of water under the Tri-State canal can never be questioned. It is this fact that is bringing so many of the Greeley, Fort Collins and Fort Mor gan farmers to the Scotts Bluff coun try, who all declare Its land and wa ter equal or superior to anything In Colorado, while the prices are only a fraction of the Colorado prices. This magnificent body of land at Scotts Bluffs represents the best there is In irrigated land. The two big canals, the government and the Trl-State, represent a combined cost of $4,000, 000, which Is an evidence of the val ue of the lands. Speaking of the Ir.-igateel Land, Just remember: First Irrigated land produces the maximum every year. Your eastern Nebrska and Western Iowa land never produces the maximum, be cause even if you got Just enough rain at the right time for one crop it would destroy part of the other. Second On your eastern land you you raise 40 bushels of corn on an average at 40 cents per bushel, at a cost of $8.00, leaving you $8.00 clear profit. We will take you to many men at Scotts Bluffs who raised 250 to 400 bushels of potatoes per acre and sold them at 40 cents, this year considerably higher than that; 15 to Louis and George Born, tomorrow morning will ship a carload of fine fatted cattle to the South Omaha market. The Messrs. Born are de voting their time and attention to building up a trade In cattle which will be the best in this section and they are well able to do so. They are excellent cattle men and doubt less will find the business a profit able one. Charle8 Metteer, one of the beat known residents of Nehnwka, Is In tho city today summoned here by the hearing In the Robt. Metteer es A TRIP F A LDFE The grand tour of the Pacific Coast is a journey of a life time; a tour of Kurope is also a trip of a life time; but the difference is that the Coast trip is directly within your reach at a far less cost than any other extensive journey can possibly le made. May 6th to 13th, only 550 00 to Califortri and back, and commencing May 20th, through the sum mer, only 550.00 to Seattle and back; for 515.00 more you can include California. One makes a tour of from 5,)0 to 56,000 miles through a wonderland replete with modern interest, linked with a romantic past. Write me for "Alaska Imposition" leaflets, "California Terminally Conducted Kxcurstons," "To the Orcat Northwest," "Yellowstone Tark." Mm, rife i Let me help l. W. RUEIET, 8. 1. 1 , IN THE WEST Men from tho Greeley district of the South Platte country say the advantages of the North Platte are superior and the prices are one-fourth to one-third less. Read again; think. 25 tons of alfalfa at $S.00 per ton; 100 bushels of oats at 40 cents per bushel. Third It is a singular thing that while the majority of farmers who buy Irrigated land know nothing of Irrigation, you can never Interest an irrigation farmer in any other kind of land. He doesn't have to under stand all about irrigation to succeed. The ditch rider knows and the farmer soon knows. Fourth While your Eastern Ne braska land will go on up to $150 per acre, it may then stop, or ft may go back to $50 or $75, like the same land did In Pennsylvania, Ohio and New York. But your Irrigated land, Increasing its fertility and pro ducing power each succeeding year, will do like the other Irrigated land in this country and Europe go on up to $200, $300, $400 and $500 per acre, and will not simply "keep you," but will make you rich. This land lies so perfectly that a flat price of $70.00 per acre has been fixed on all uncultivated land and $80.00 upon cultivated land; hence the first excursionists have the choicee of the entire land. A re gular excursion will be run every two weeks. One price to all $70.00 per acre for uncultivated; $80.00 for cultivated. First come, first served. No favorites. For Constlpution. Mr. L. II. Farnham, a prominent druggist of Spirit Lake, Iowu, says: "Chamberlain's Stomach and Liver Tablets are certainly the best thing on the market for constipation. "Give these tablets a trial. You are cer tain to find them agreeable and pleas ant in effect. Price, 25 cents. Sam ples free. For sale by F. G. Frlcke Henry Prosser, Contracting-, Plastering. Brick and Stone Work, Concrete Foundations and Walks. : : : : : ALL WORK GUARANTEED. rhone 107, Elmwood, Neb you plan your tour. W. L. PICKETL Ticket Agent, Omaha. Ui.