The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current, May 27, 1909, Image 2

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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.
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
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
WANTED A stripper at P.udlg'8
cigar factory.
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
. 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.
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.
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
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.
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
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
rife i
Let me help
l. W. RUEIET, 8. 1. 1 ,
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
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. : : : : :
rhone 107, Elmwood, Neb
you plan your tour.
W. L. PICKETL Ticket Agent,
Omaha. Ui.