The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current, November 01, 1909, Image 1

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    m' iat0i
NO 81
House Was Valued at $1,200 and Insured for
$400 Tenant Loses Household Goods
At 5:45 this morning fire destroy-,
ed a farm bouse south of the city
which belonged to Jacob Heinrich.
The building was occupied by Charles
Petersen as a tenant and he lost all
his household goods except one rock
ing chair which he saved. Petersen
had just gotton up from bed and built
a fire in the stove, going from the
house to the barn after lightning the
fire. After doing a few chores about
the barn he returned to the house
discovered the roof to be on fire. He
procured a ladder and attempted to
put the fire out, but it bad gotten too
much headway and within a very
short time the building and contents
were reduced to ashes.
The building was a frame struc
ture 16x46 feet in size and had re
cently been overhauled by Mr. Hein
rich, being newly papered and paint
ed and plastered. The presumption
ia that after the fire was built in
the stove the damper was left down
aid the draught carried the sparks
up the chimney and onto the roof
which was very dry and which quick
ly ignited. Mr. Heinrich states that
he had the chimney replastered and
repaired not a great 'while ago by
Charles Truman and he is satisfied it
was not on account of a defective
flue that the fire originated. The
building was valued at about $1,200
Thomas Bryan, a Veteran of the
Civil War Passes Away at
St. Joseph's Hospital
Death early this morning came to
Thomas Bryan, the aged soldier' who
was removed to St. Joseph's hospital
la Omaha about a week ago. His 111
ess, which had extended over a long
period of time and which had been
pronounced incurable by the attend
ing physicians, was seen last evening
to be drawing to a close and his rela
tives were notified.
Deceased had lived in this city and
vicinity for many years and was a
well known character in this locality.
He was a veteran of the civil war,
having served throughout that great
struggle with distinction as a brave
soldier and having been rewarded for
his fidelity to the cause by a pension
from the government. During his
later years he had lived alone in this
oity, his children, who were all girls,
having been married and moving
away long since.
He is survived by four children, of
whom Mrs. Lydia McKlnney, Mrs.
141na McKlnney end Mrs. Cora Brice
live at Burlington, la., end Mrs.
Retta Miller, resides at Pilger, Neb.
The funeral takes place tomorrow
(Sunday) afternoon at 2 o'clock from
the undertaking roms of M. lllld, in
terment being had at Horning ceme
tery, south of the city.
In his life time Mr. Bryan was an
excellent citizen and an upright and
worthy man. In their loss his daugh
ters have the sympathy of the entire
Arrangements for the funeral of
the late Thomas Bryan were com
pleted by local old soldiers, who had
known their comrade for so many
years. The services will be conducted
by Canon H. B. Burgess of the Epls
eopal church, and the pallbearers will
be Messrs. Thrasher, Renner, Smith,
McKlnney, Hlckson and Tartsch, all
old soldiers. The services will be
conducted from the undertaking
rooms of M. Hild, on South Sixth
The Burllntogn freight shop force
was temporarily reduced yesterday
for a period of ten days by the trans
fer of eleven men from tho lucal shop
to Edgemont, S. D., where some nec
essary repairs are to be made at
once. Among those who were sent
out to that place were Gua and Fred
Rezner, Frank Schuldice, John Grebe,
Otto Finder, Anton Hrasky and Ed.
and Mr. Heinrich carried insurance
to the amount of $400. Petersen
lost all his household goods valued
at several hundred dollars on which
he had no insurance whatever.
Petersen has been having very
hard luck for several years past. He
was formerly employed in the bridge
gang of the Burlington but several
years ago he quit the company em
ploy and started farming. Last year
he farmed near La Platte and the
high water of early spring drove him
out, causing him to lose all his crop.
This year .the protracted drouth re
sulted in a large part of his crop be
ing lost and now comes the fire with
the heavy attendant loss. He is well
known in this city where he bears the
reputation of being a thrifty and
steady citizen. His many friends in
this community sympathize with him
in his loss and hope that the ill for
tune which has followed him bo long
will change for the better.
Mr. Heinrich will probably rebuild
at once as a house is necessary for
the conduct of his farm. The fire
was seen by a threshing crew working
in that vicinity and the tooting of the
engine whistle was heard by many in
this city. No one was able, however,
to get to the scene of the disaster in
time to render Mr. Petersen any aid
in lighting the flames.
Laid to Final Host.
The funtral of the late Mrs. Curtis
Moore took place this afternoon from
her late residence in the west end of
the Second ward. The services were
conducted by Dr. J. T. Baird of the
Presbyterian church, who spoke elo
quently of the many virtues this good
woman and drew many lessons from
the noble life which she had led and
the splendid Christian character
which had so distinguished her. For
many years this able divine had been
the spiritual adviser of the deceased,
and his long and intimate knowledge
of the many beautiful traits which
had characterized her in her life
time, stood him In good stead when
he came to recall those attributes.
The services were also marked by
the rendition of many of the songs
which Mrs. Moore had so well loved
In her lifetime. Interment took place
at Oak Hill, the remains being es
corted to their last resting place by a
long cortege of sorrowing friends.
Mrs. Moore was born in Logan
county, Ohio, on June 17, 1832, and
at the time of her death, which oc
curred Friday morning, she had
reached the ripe age of 77 years 4
months and 12 days. She had been
a resident of this city for many years,
her husband, Curtis Moore, being era
ployed In the Burlington shops for
years. In his deep sorrow at the loss
of his beloved helpmate, Mr. Moore
has the profound sympathy of a
great circle of friends. She was all
that a good woman could be kind,
gentle and loving to a degree one
whom to know was to respect and
love as the best of friends.
Don't h It.
Don't write a chock for less than
$1 after January 1, 1910, unless you
want to pay a fine of $500, or spend
six months in prison, for, under sec
tion 178 of the penal law which was
approved March 4, last, this is forbid
den. Merchants all over the country
are aroused over this law, but the
ones who may be the hardest hit are
the mall order houses of Chicago and
the east, and, on that account, the
wrath of the small retailer is Jess
than it would ordinarily have been.
So much are the mall order houses
worried that they have appealed to
the members of congress to get a rul
ing on this law so that they will know
what this section means. If it is de
cided that the law is constitutional
and stands, it is said that a bill to re
peal it will be introduced at the next
session of congress. Section 178 says
that no person shall make, Issue, cir
culate or pay out any note, check or
memorandum, token or other obliga
tion for a less sum than $1 intended
to circulate as money or to be receiv
ed or used in llnu of lawful money of
the United States. Hundreds of pro
tests against this section are being
received dally by the treasury deport
ment, most of them being from cata
logue houRea. Interstate Grocer.
Motion to Have Blish Damage
' Suit Sent to State Courts
The $25,000 law suit of Earl M.
Blish against the Burlington rail
road, which attracted so much at
tention in this vicinity several
months ago, is still pending In the
federal district court, where it was
removed by the railroad company
from the state court here. It is ex
pected in connection with this mat
ter that a motion of the attorney for
the plaintiff, Matthew Gering, to re
mand the case to the state courts for)
trial will be decided very shortly. Mr.
Gering has filed a number of affidav
its with the clerk of the federal court
setting forth that Blish, who has
been stopping in this city since the
time of his injury last July, is a resi
dent of the state of Pennsylvania,
and not of this state, and his suit was
filed in the state courts here because
of that fact.
The question of jurisdiction is one
which the several courts are very
Jealous of, and they are extremely
cautious in taking jurisdiction un
less the law is compiled with to the
letter. If it should be shown con
clusively to the federal court that
Blish was a resident of Pennsyl
vania, it is more than probable his
case will be remanded to the state
court for trial, as that tribunal will
have jurisdiction over the matter. On
the other hand, if his residence is
technically in Nebraska, then the
federal court would assume jurisdic
tion. Both Attorney Byron Clark of
this city, who represents the railroad
company, and Mr. Gering, who is the
attorney for Blish, have devoted a
great deal of attention to this case,
and have given It careful study. The
new statute which Judge Jesse L.
Root, formerly of this city, was so in
strumental in passing while he was a
member of the state senate, which
passes upon the fellow servant ques
tion, is brought Into question, and its
constitutionality is a matter which is
raised. It has been asserted that the
statute had been nustained by the
United States court of appeals, but
this is denied by counsel for the rail
road, and they intend to present the
constitutional question Involved In
the Blish case.
In the showing which Mr. Gering
has made and which the federal
court has under cosideration, a num
ber of affidavits of an interesting na
ture have been filed. The motion
sets forth also several things which
are of interest to the general public,
including the statement that shortly
after filing the case In the district
court here, a notice was served on
the railroad that the deposition of
certain witnesses for the plaintiff
would be taken within a few days.
Before he could get around to tak
ing them he found that the case had
been removed to the federal court by
the railroad company, and he assigns
as a reason for this action the fact
that he wanted to take the deposi
tions in question.
The appearance which was entered
for Blish was in the nature of a spe
cial appearance, so as to not waive
any of the rights which he might
have In tho case, and it asserts that
the residence of Blish Is In Sayre,
Pa. To support this allegation a
number of affidavits from that town
are on file which assert that Blish
has lived there all his life, and that
his mother is now a resident of that
city. In addition, it Is asserted, he
has been unfailing in remitting the
funds necessary to pay her personal
and other taxes and dues, and that
he has never at any time voted else
where. One of the affidavits which dis
closes tho motives which prompted
Blish in so studiously keeping up his
connection with the old home, and
one which lends a romantic air to his
life, Is that of Ellen Burns, a young
woman of Sayre. Miss Burns dis
closes In her affidavit the story of a
heart's love and of personal sacrifice
which Blish was making that he
might wed her. When he left the
town nestling in the hills of Pennsyl
vania, last spring, Miss Burns asserts
that he did so in order to procure
a stake with which to set up house
keeping. He was to go out into the golden
west that romantic land of oppor
tunity and there enter into work
and live and save until he should
come back In the rich, ripe autumn
time and plight his troth to her.
Never did the fond lovers imagine
that he would stay away longer than
the month of harvest the fruitful
season of the year. When he had
taken up his residence in this section
they had exchanged letters, and each
one had breathed the fervent hope
that they would soon be united. All
this Miss Burns sets forth In her af
fidavit. She declares Blish never did
intend to live in this state. This is
the substance of her affidavit, which
she hopes will let the man of her
heart free to have his case heard in
the state courts.
In addition there appears the af
fidavit of the tax collector at Sayre,
who sets forth that Blish was pretty
punctual in paying his taxes and also
the amount he had paid.
Blish himself corroborates Miss
Burns. and asserts that she has all his'
affections carefully locked up and
stored away in her Pennsylvania
heart, and that all he ever sought to
do was to earn an honest llvllhood,
in this city and state. He came to
Fort Omaha last March as an em-,
ploye of the government, and that
later he entered the services of the ,
Burlington at Gibson, being sent to j
this city as a fireman in July. He
had not been at work but a few days'
when he lost his foot in a collision in
the yards here a circumstance with
which the Plattsmouth public is quite ;
familiar. He never did feol that this '
was to be his home permanently and
always maintained that he was a res
ident of Sayre.
Since the time of his injury Blish
has been living at the Hotel Perkins
In this city, and during the recent ab
sence of Charles F. Guthman, one of
the proprietors of the place, he ex
ercised quite a bit of general super
vision over the house, acting largely
in Mr. Guthman's place. According
to many, Blish is quite a ladies man
and has been the recipient of many
delicate attentions accorded by them
to a stranger in a strange land. So
far as can be learned, however, none
of the fair ladles of this city have
been able to take the place of the
fair Ellen back - in the east, or at
least none have yet filed affidavits
setting forth any promises from him
to locate here.
The case has excited a great deal
of interest here and the outcome of
it Is awaited with conslderabl curios
ity. Blish Is personally a pleasant,
affable man, and has made many
friends during the time he has been
here. Ills case with the railroad
company, however, is largely a ques
tion of law and may result one way
or another. Sympathy for the loss
of his foot in the community is quite
large, as Is a natural consequence
of a young man losing any of his
Odell and His Certificate.
It is not the Journal's intention to
do any candidate any harm by a mis
statement, and we therefore give the
following facts in the Odell certificate
case: Mr. Odell, previous to last
September, held a second grade cer
tificate, issued from the Peru State
normal. In that month Mr. Odell
went to Nebraska City and was ex
amined by Prof. King, superintend
ent of schools for Otoe county, for a
first-class certificate. After going out
of-the county to bo examined, he
brought the grades to Miss Foster
and sho filed them in her office. This
examination by Prof. King occurred
since he became a candidate for
county superintendent.
Miinied at tho Court House.
Judge M. Archer this morning was
called to the county judge's office to
unite In marriage Charles C. Ladd,
aged 26 of Bellevue and MisS Mabel
Huntley, aged 19 of La Platte. The
young folks came over this morning
from La Platte on No. 4 and intend
ed to have the ceremony performed
by Judge Beeson but he was out of
tho city and Judge Archer, his op
ponent for county judge was called
on. Mr. and Mrs. Ladd are two very
popular young people of eastern
Sarpy county with many friends who
will be delighted to hear of their mar
riage and who will unite in wishing
them a long and happy wedded life.
Mrs. Ladd has been a frequent visi
tor in this city and baa quite a num
ber of frlenda living here.
Mrs. Nelson Jones this morning
had a letter from her husband, at the
hospital in Omaha stating that he was
feeling fine and getting along nicely.
He la gratified at the words of en
couragement which he receives from
the attending physicians and hopes
to be home and at work within a
very few days.
Olher Towns and Cities are En
thusiastic Over the Prospects
Plattsmouth is to have a brand
new wagon bridge between this city
and LaPlatte and Sarpy county. This
is now positively assured. It Is to be
a wagon and automobile bridge, and
will afford a splendid highway from
this city and the South Platte coun
try to Omaha and the north.
, Two plans are now under consid
eration by the promoters of the pro
ject. One comprises the purchase of
the present Missouri Pacific bridge
at Oreapolis from that company and
Its conversion into a wagon bridge
by planking it over. Such a scheme
could be carried out with small ex
pense, and it would give a bridge
capable of sustaining the heaviest
loads. Tha maturity of these plans
depends upon the action of the Mis
souri Pacific officials in determining
the location of their new bridge.
Should they decide to use their pres
ent roadway and bridge site this will
end all chance of the use of their
present structure for a wagon bridge.
The general superintendent of tho
company is at present In communica
tion with T. H. Pollock, who Is one
of the chief promoters of tho bridge
project, and within a few days it is
expected a definite arrangement can
be made.
Mr. Pollock is prepared if the pro
jected use of the M. P. bridge fulls
through to put through a new bridge,
lie Is In receipt of plans for the
structure nnd they can bo seen at his
oface In the riattsmouth Telephone
company's building. The plans Indi
cate a fine structure. It la to have
two truss spands each 128 feet in
length, the trusses resting on con
crete piers which are to be built on
pue iouiiuaiions. i nis assures a
strong structure and one capable of
carrying great weight over the cur
rent of the stream. Tho approach
from this side is to be over a panel
next to the south bank with a pile
trestle. On the north there will be
five panels of pile bents consisting
of three piles strongly braced. These
panels are forty feet In length.
The roadway on the bridge proper
Is to be ten feet In width and tho
turnouts are to be sixteen feet wide.
This will afford all desirable space
for wagons and autos and Insures a
bridge of ample capacity for the ex
pected heavy travel. The total length
of the bridge Is to 1,768 feet.
Mr. Pollock, who has been bo ac
tive In promoting the bridge, states
that there have been sufficient funds
pledged to insure the erection of the
bridge. Much of the money which
will go toward building the bridge
will be from Nebraska City, a num
ber of the business men of that place
being eager to enter into the matter.
There is every prospect that tho
bridge, which will be a toll one, will
more than pay for itself In a very
short time. There is an ImnieUBO
amount of travel from the South
Platte country into Omaha and at
present this travel has to go either
by Louisville or Fremont. The new
bridge will chango tills by giving
travelers from Lincoln and other
South Platte points a splendid level
road. From Lincoln the O street
road, which runs straight east from
that city to Union, is a smooth, level
stretch admirably adapted to the use
of wagons and autos. From Union
to the Platte river into Omaha the
high hills of the north bank are
avoided and the road lies through a
level country of superb roads. Great
speed can be made over these roads
and the elimination of the heavy
grades will cut time remarkably.
The roads from Union south to
Nebraska City and the southeast cor
ner of the state are also excellent,
and a big travel is assured over the
bridge from that section. Ralph
Duff, the Nebraska City automobile
man, Is an enthusiast over the pro
ject, and is said to be heavily inter
ested. From all the above it can be
seen that real action is in the air
and another big enterprlsco is fairly
on the way to launching.
Misses Mattle Larson and Carrie
Balrd departed this morning for
Seward, where they will act as dele
gates at the state meeting of the So
ciety of Christian Endeavor, which
meets in that city tomorrow, Satur
day and Sunday.
Valuable Hogs.
Ed. P. Tritsch and P. H. Meislnger
of this county were two of the pur
chasers at the big Duroc Jersey hog
sale, held yesterday at Sutton, Neb.,
by Gilbert Van ratten & Sons, prom
inent hog raisers of that place. They
secured two exceptionally fine ani
mals In fierce competition with
breeders from all sections of the
country. Mr. Tritsch bid $47.50 for
an animal and Mr. Meislnger bid $36
for another, both fancy prices, but the
animals are well worth It. They will
make a valuable addition to the high
grade animals now being raised in
this county.
The M. E. Smith Company Will
Be Ready for Business Just
as Soon as the Building
is Completed.
Secretary Wescott of the Commer
cial club today held a long talk over
the phone with Messrs. Smith and
Burgess of the M. E. Smith company
at Omaha, and told them of the pro
gress which Is being made hi re in
getting ready for their enterprising
firm to open their new factory here.
He was gratified to have them tell
him of their intense anxiety to have
the building quickly changed and al
tered so they might open up. They
stated that If they could they would
open on Monday next and would em
ploy all the girls and women he could
secure for them. At first they fig
ured on opening with some fifty em
ployes; now they will open with
three times that number if they can
be obtained. Mr. Wescott has a largo
list waiting them, but It Is not nearly
closed. lie wants every one who enn
to enroll and promises them good,
profitable employment. The Smith
people are surfeited with orders and
want to get the new factory In run
ning order quickly. Their machines
are now on the way pnd will be in
stalled as quickly as Mr. Jackson
gives them the room. There ban
been considerable dclny on this ac
count, as it is Mr. Jackson's busy
season and ho has ont be able
to get out as soon as ho exported.
The Commercial club Is highly pleas
ed at his aid to them in the matter,
however, and appreciate IiIb activity
and work In trying to get moved. lie
has been untiring In working and
cleaning up and movlng.but even with
all this, It will be several dayB be
fore ho can release the building. He
is certainly a man of much public
spirit and enterprise, and descrveH
the commendation of the publlo for
his efforts to help build up the city.
He is one of the right kind of men
for a town, energetic and public spir
ited, and always ready to do his share
for the public wchI.
It Is likely the new factory will be
In operation before many weeks have
past, and that there will be a hand
some addition to the city pay rolls
before many days have passed. Im
provements nt the Burlington shops,
a new wagon bridge over the Platto
and the Smith factory moke a gKid
trio of starters for 1910.
Two More Lucky Ones.
Two more Cans county men have
druwn farms In the Standing Rock
and Cheyenne Indian reservations In
Dakota, their names coming out yes
terday in the drawing at Aberdeen,
S. D. They are Carter Albln of Union,
who drew No. 8014 ond A. J. Klepser
of Weeping Water, who secured No.
9200. . As there are only 10,000
farms altogether, they were near the
end. However, they will probably
land much farther up the line, as
they will get the benefit of others
dropping out and failing to take thtlr
claims, which will amount to a'grent
deal and will put them much fartb
toward the top of the list. It is said
that most of the farms In this agency
are well orth having and doubtless
both Messrs. Albln and Klepwer will
secure pieces of property worth their
taking. The drawing Is now over
and four places went to the county,
Messrs. LnRue of Union and Rosnow
of Murdock securing the other two
places well up toward the top.
A party of four from Nebraska City
were visitors in the city over night,
stopping at the Hotel Perkins. They
Included Misses Pearl ond Nelllo
Loveless and Messrs. A. J. and J. C.