Stats Historical 800. month SKMNWEEKLY EDITION KIGliT PAGES VOLUME XXIX PLATTSMOUTll, NEliUASKA. 1 II I HSlA V .) AXU.Ali V l.'J, lino NO 1 be plaits 1 DECIDES E TEHSDALE COHY VS. KECKLER Affirms Judgment of District Court in Favor of Keckler, a Man ley Grain Dealer An Interesting Case In the Journal of April 23, 1909, extended notice was given to an im portant case arising from this coun ty, then decided in the supreme court Which apparently laid down new prin ciples governing the relation of grain dealers and commission houses. This case was that of the J. H. Teasdale Commission Co., vs. C. S. Keckler which was decided at that time in favor of the commission company. The case had previously been tried in the county court here and decided in favor of the commission company. It was then appealed and in the dis trict court Keckler got a verdict. The facts in the case Beem to be that Keckler, a resident of Manley, Bold the commission company 10,000 bushels of corn, the sale being made throi'gh a broker who resided in Om aha, all the transaction bejng over the telephone. The day after the deal between the broker and Keckler, the broker wrote the latter that he would receive a written confirmation of the terms of the deal from the commis sion company. This confirmation came to Keckler in the due course of events from the commission company which is located in St. Louis and in this confirmation the terms of the sale ' were set forth. The company had an Instruction on its letterhead to "Re port Immediately Any Errors in this Confirmation." Keckler did not report any and shipped one car, refusing to ship any more. The company sued him for damages for falling to fulfill his contract and he set up the de fense that his contract was condition ed on his getting cars to ship the grain in and this he could not do. He also set up the statute of frauds as a defense to the recovery. The case was an exceptional one in its facts and in the questions of law raised and the counsel in the case were unable to find cases bearing upon the points in Issue. In the hearing in the supreme court before the court held that the agree ment had been taken out of the stat- ute of frauds by the shipment of j the one car of corn by the defendant I and it also held that if tho letter of ,' confirmation of the company did not ' properly state the terms of sale, it was the duty of the defendant to ob serve the terms of the letter and re nnrt nnv error therein relating to the terms of the agreement, and applied ,ast lelslaure enacted a law creat IBSIG Ull- CDUL LETTER Some Points Which Indicate That the G. O. P. Around the Capital are Still "Sal ary Grabbers." (Special to the Evening Journal.) Lincoln, Neb., Jan. 11, 1910 The 'supreme Judges and note the fact that the three Republican supreme judges and note the fact that the three Re publican supreme Judges would have been hopelessly defeated but for the liquor vote of the city of Omaha and Douglass county. the rule that he who is silent when ing a new, board" 01 secretaries of the It Is his duty to speak shall not state board of health, and immediate- be heard when he should be silent. Under this ruling the commission company was given the decision and the case reversed. Following this Matthew Gering, counsel for Keckler. filed a motion for a rehearing in the case in the "nenea me g. o. p. organs ly the Republican newspapers took up the cry that it was all a scheme to give the governor a chance to appoint some more partisan officials HUNTERS IHE SPECK'S ISLAND A Grand Success. Tho dance given last Satur day evening by the "Jolly Six I Uaiis' dancing club was one of the I nt plvcn In this city for a long tirau p:'sf. Despite several strong counter attnictlc ns, there was a fine attend- nn. n anrl n ti ( rrVi t 4 1 v:i t r t i . . ... . ' " mifciiij uao nuic uau. The abuse of the pardoning power ay rrom l r.u uty make At- tThtcw tempt to Kill Wild Animal. has always been recognized in Ne braska. Th eovprnnr la vpntpil U'lfh the sole power of pardon. During ! JnirT witnessed a strange and his four year's service as governor ,,d 8Pectacle. a reminder of the early John H. Mickey issued eighty-four ,day? of Nebraska when m. forged pardons, an average of twenty-one a i'"to lhe wlld8 ot the lands alonK the year. ' Covernor Sheldon's average i r,ver or lhe l1J,Ml ,sland8 ln 8l'arch was twVlve a year. Governor Shal-I?f wUd bea8U and ihitt- A ,arty lenbergcr has pardoned but seven(andi'r,0in th'3 cl,y conS of Herren rpf,,, n,nPO iinffnn .hnn ,a;Claus s)efk. Heinrich Miller and Le as some very excellent music. nn orchestra from Omaha furnishing llio same, which was highly appre ciated. It was a late hour before the Pnnl dance was had and the happ,y party broke up. Considering that this is the first dance given by this newly organized ciub and the troubles lnd dent to getting a new club underway, the dance was most excellent and shows that the 'Indians" will be able ever before refused in a single year I"adod arm8' ammunition lo B,v BOmJ gplendld entertalnrnPn(jJ by any former governor. The follow ing ln reference to Governor Shall enberger's policy on the matter of nardnn la minted frnm th T.tnrnln "The court will knock it higher than a snnrpmp court And this was Areued. u ..-ii . i, . a kite." Then the old secretaries con- tbA rehearlne th defendant filed an tested the law- and before &n evI 0 1 a 91 1 1 additional brief in the case while the Qence was neara or V1 reui" commission company. through its counsel Rvron Clark, rested its case upon the showing which it had made scared voia. me ucpuoncan se under way, tbe same g. o. p. organs shrieked; "One more Democratic law before. At the last setting of the supremt court, the former ruling in the case cretarieB who had drawn pay for years while playing politics refused to let go. But now comes the supreme court and declares that the law is Stato Journal, a hidebound Republi can organ: "Governor Shallenberger has established a uniform rule in rela- tion to pardons and commutations of sentence and exercises executive clem ency only in cases where there is a concerted request not only upon the part of the applicant and those in terested in his behalf, but by the presiding judge and prosecuting at torney' as well. In addition to this there must he a showing of some new by that body Is reversed and the de-1, and the new secretarleg are at cision vacated, jub juugmeui ui me district court which favored Keckler is affirmed, leaving that gentleman victor in the windup. His counsel is feeling quite good over the decision which confirms his views of the mat ter. The syllabus of the case which work. After getting all kinds of er roneous statements printed in the press, Secretary Sward of the old board crept out by dismissing his part of the cause. The court waited a while and all the rest of the old board asked for dismissal. But the much about the validity of the law as they did before the supreme court upheld It. is printed below does not, however, . F ' g. o. p. organs are not saying near as touca upon lue rem ijucduuuo ot 10- sue in the case but affirms the de cision of the district court upon the well known rule ln this state that the court will not set aside the ver dint of a lurv where there is evidence The federal court declared the o sustain it. The court also examined bank guaranty law invalid.. The law the instructions of the trial Judge and was questioned by Republicans. The found no prejudicial error to exist, secretary of the old banking board, The syllabus is as follows: a Republican, continues to hold or J. H. Teasdale Commission Com- Ace- The bank guaranty law declared pany vs. Keckler. Appeal, Cass. Opln- lnvalld Provided for an increase of inn on rehearin former decision ta- ,n 8aiar 01 iae DanR cated and Judgment district court af- inS board's secretary. While the law firmed, Reese, C.- J.' and other things purchased, before lght p. m. of tho preceding day, Into a fine, upholstered sleigh belonging to J. E. McDanlel and departed for Herr Speck's island domain lying in the middle or the Misourl river. The party was Joined at Walter Goche nour's place by Messrs Walter, Sam and John Goclienour, John Lowther, Mike Lutz and some eight or ten other brave men and a combined de scent was made upon the deep forest which Infects Speck's empire, The ob ject of this raid was to slay and kill one bovine of the female species com ing two years old in the spring. Said during the winter. HOME I II 1. Where the testimony of witnes seB adduced ln the trial of a cause to a Jury is conflicting, the verdict will not ordinarily be set aside, as the which increased, tbe salary is declared Invalid, that Republican secretary de niands and receives the increased salary. The state banking board Is Republican and the treasurer and oiiHltM o ra Knti T? anil hi I no n a ,Qr .. . . . -i i i v. . I. u . 1 " jurors are id .u.b ju , " about Balary grabbers weignt or xne eviueuco, 2. The Instructions Elven by the rnurt to th trial lurv. examined, but reauin OI lu ,uo .m t out In the oninion. held to "c W in xseorasKa wouia tena have been a fair submission of the to convince the reader that the brew- issues and question of law, and no aisuners naie me Kepuoii- prejudlcal error is found III E E can party with a deadly hatred be cause that party Is the enemy of their business. What are the facts? w ........ ina si I M I r A arx I II 1 ipn linn in iToierus vmiuiuvii. for inirty years tne nepuuiican party NT HIl I I r MHl The members of the Catholic Sokol In Nebraska has been dominated by IILIInL UI III Ui .nriPtv vesterdav held their annual the brewery interests at Omaha, and mtlnP for the election of officers, v een tne organ at which there was a large and en- and mouth piece of the brewers. The Ui,.i.rtiA Attendance. The meeting so-called Slocum law was enacted In was held in their new hall on west m me iwenty-eignt years since mm .trMt. The nast year has been then Just two amendments were made a most flattering one for this organl- to that law prior to the legislative L.iM ti.vinv Wn a most session or une was enaciea ny .tifCin tncrAAse in membership. populist legislature in 1891, and Wh ActlvA and auxiliary, and it bay- Proniouea me saie oi intoxicants to The funeral of the late Mrs. Caro- . vUnmeA the comoletlon of the Ind,ans The other WM enacted ln line Finney was held yesterday af- flne, new hall of the organisation. 18 7 a epuocan legislature ana trnoon. there bein many of the Th- flnnoUl AffAlm of the ors-anlza- Provided for a method of searching .old friends of this pioneer woman tion are reported as being In excellent Premises for Intoxicating liquors un assembled to pay a last sad tribute Bhape and there Is every prospect "wi-iit in po-sess.on. ie wemo of respect to her memory. The re- that the coming year will be one even cratlc Mature of 1909 the first miln. were borne from the home on wt. In It. final result. The eleo- "emocratic legislature me nistory t i-i I..HU. thA Phurrh at 2 m,m .it..i a follow.! ' th enacted more compe- The Last Sad Rites Attended by a Large Number of Sympa- thetic Friends. ondltion arising since the convlnrtlon lbov,ne was 8old to Lowther by Speck and sentence that warrants favorable 8met.,m6 ag0 after Walter Goche" actI0n - nour nad vainly tried to unload same on him. At the time Speck removed his large herd of near-llolsteins from "The governor feels It is an outrage the island, this animal exhibited Der- upon society. to thwart the will of verse tendencies and, like an insur- the people, and the mode provided for gent, refused to be led across the Ice, dealing with those who purposely vio- taking to the Jungle. After a long lite the law, by stepping ln and per- search it could not be found and was emptorlly setting aside the verdicts of ieft to make Its way through the juries who nave heard the evidence jungie and Bpend Ug nlghta In the and the Judgment of the court ln large palatial buildings which' Mr. pronouncing sentence unless there Is speck had erected for his stock. Mr. some reasonable and extraordinary Lowther determined he wanted the ground for so doing." r animal dead or allvn hen thi. trin The Plattsmouth end of the party re in Police Court turned last evening having had an Our old friend John McFarland exciting and thrilling day with no last Saturday night concluded to once Pelt at their belts. They sighted the more tackle John Barleycorn and see, wild animal and a combined fusillade who really could win this fall. This was made with large and small arms Is the one millionth and cigtheenth Dut no hurts were visible and, aside round Which the two Johns have had rrom a had scare, the animal was not and Invariably Barleycorn wins", some- disturbed. It Is related thatth party times with greater ease than others afterwards took turns about ln shoot- but always proving the victor. Af- ,nS at the beast. Speck used both ter combating Barleycorn for some- barrels of a shotgun, vintage of 1857 time McFarland concluded to wander and saturated the landscape with at large upon the public ways of the buskshot but failed to land the an! city and fell anent the bulls who mal. Then Miller opened fire with a promptly sloughed him. They hur- heavy piece of mountain artillery but ried him into durance vile where he ne aimed too low and only tore up tho reposed until this morning when he snow and Ice some eight feet from the was haled before Judge Archer. As muzzle of the cannon. His explana- the latter has a remarkable memory tion was that the rangeflndor was for facts, he cited John to his hav- not working. Bates was armed with Ing been before him not long since a heavy rifle carrying a deadly mls- when a flne of five slmoleons and sHe of .22 calibre. This seriously costs was suspended upon his promise wounded a laTge hoot owl asleep ln to desist from raiding Barleycorn, a tall cotton wood treo one and. one- More in sorrow than in anger, Judge Quarter miles away but did not phase Archer then fined McFarland $5 and the cow. After these three had shot costs and consigned him to the ten- and failed tho rest decided it was no der mercies of the city goal there to use and the entire party withdrew, repose until said flne and costs are leaving the bovine still roaming at paid or to work on the streets at the large and terrorizing hunters and do- behest of our tender city marshal. mestic anlmaU. The party had a flne large dinner at Mr, Gochenour's, how ever, and appreciated this feature of the trip to the utmost. Mr. Lowther did not slaughter his beef as antici pated, It will be noticed. The animals weighs according to members of the o'clock, followed by several carriages containing those who desired to take a last look at their beloved friend. The services at the church were con ducted by Rev. W. L. Austin who preached an eloquent and touching sermon upon the many virtues and excellent qualities of the deceased, President Matt Jlrousek. Vice President Frank Slavicek, Secretary-r-JoB. Racheck. Treasurer Emil Lorens. As't. Secretary Frank Komkrist. Membership Committee Jos. Li bershal, Frank C. Libershal and An ton II. Koubek. and who drew many lessons of worth There was also a dancing com from the long and useful life which ! mittee chosen which Is headed by the aged woman had lived. The high Frank Slavicek and which Included christian character of the deceased five of the most active members of and the fortitude and resignation the organization. with which she had borne the weight of advancing years also furnished a fitting topic for many Illustrations of the minister. There was also sev eral selections of hymns which the deceased had so loved in her lifetime. The floral tributes to the deceased were many of the last tokens of re spect of her numerous friends were very handsome and appropriate. Interment was had at Oak Hill Married in Council Bluffs. Last Saturday at Council Bluffs, la., a marriage license was Issued to William O. Tinker, aged 28, and Anna May Nixon, agco. 21. They were married there later. The groom re cently came to this city to accept a position with the M. P. road as an operator, taking the place of W. II. whither the cortege wended its way (McDanlel who has returned to Mur at the conclusion of the services at 'ray. Both Mr. and Mrs. Tinker are the church. Tho cortege was com- quite well known throughout this posed of a great many carriages with section of the county, he having work f the old friends of the deceased. ed at various Btations on the M. P. as operator for several years past The "New Crown,- me tries Ha They will make their home ln this vana cigar, 10c. Ptak & Bajeck, , city for an Indefinite time. Those Who Enjoyed the Event. The list of those present at the surprise party given Thursday night to the M. W. A. band which was notlrn1 at tonrth In tha Jnnrnal loot Saturday evening and which was one " ,rm 1,200 PUnd9 tent, reasonable and salutary legisla tion on the liquor Question than the Republican legislatures of twenty eight years enacted. Among the bills passed were: To prohibit the sale of liquor to ldots, habitual drunkards, Indians and Inebriates; the bill pro hibiting the drlnkng of liquor on trains; the bill amending the Omaha charter bo as to provide that any policeman who becomes a habitual runkard shall be deprived of his pen sion, and the 8 o'clock closing law. The 8 o'clock closing law in the most salutary and efficient regulation of the liquor traffic enacted In three de cades. Nebraska is the first state in the Union to enact a state-wide day light saloon law, and that law was enacted by a Democratic legislature. After being the willing tool of the brewers and distillers for thirty years, the g. o. p. now tries to pose as the enemy of the liquor inter ests, and after profiting by liquor sup port all these years says it is going to "curb the rum demon." 'It is to laugh! The Democratic party is quite willing to have its record on the mat of the nicest affairs of the kind given here In some time, Is given below, it not hsving been available for publl cation before this time. Those at tending Included: Misses. Harriet Parker, Josephine Burdick, Helen FoBter, Clara Gllson, Nellie McGuire, Rosa Potter, Tina Bird, Mary Orada vll, Frances Kanka, to 2,759 pounds Despite poor success the party re ports a flne time especially as the guests of Mr. Gochenour. Mr. Lester L Patton of this City and Miss Carrie Nelson of Omaha United Sunday. A charming home wedding took place yesterday afternoon at the homo of G. M. Patton in South TnA where Lester L. Patton of this cjy and Miss Carrie Nelson of Omaha were united in the bonds ot hQly wedlock by Rev. W. L. Austin. Thw wedding was attended only by the Im ¬ mediate relatives ot the contracting parties and a few special friends ot the immediate neighborhood. Mr. - Gernle Thomas acted as groomsmun while Miss Mary Sharp was bride- laid. Immediately after the cere mony which took place at one o'clock. the wedding party sat down to n sumptuous dinner provided by thn parentB of the groom for tbe occa sion, which all greatly enjoyed. ' The groom is quite well known ln this city, where he was born and where he has grown to manhood. Ilo is a young man of the best of hah Its, of sterling and upright character and recognized ability and his plead ing personality has made for hlui a great circle of admiring friends. Of late he has been working in Omaha where he met the cnolce of his heart. He Is the son of O. M. Patton and wife, two of the city's best known and most respected citizens. The bride Is a charming and ac complished young woman of Omaha and is a lady of many attainments and accomplishments. She Is a most pleasing lady and has ways which have charmed and dellgnted all with whom she has come in contact. Thi possession of such excellent qualltlcw have resulted ln making for her an wide a circle of friends as her huu- -band. The many mutual friends ct these two fine young people unite In their best wishes for a long antl happy wedded life. Tbe newly wed couple are still 1n this city with Mr. and Mrs. G. M. : Patton for a brief visit after whlcl they expect to depart for Omaha where they will make their future home. They received from their many friends a large number of very ex quisite and handsome presents wbffch they deeply appreciated, and which formed a very charming display. Miss Mary Warga. Married. R. O. Jones and Miss Mary Warga were married Tuesday in Lincoln. The Lena Maurer, I ceremony was preformed by County Harriett Forbs, Mary Svehla, Lillle Judge Cosgrave at the court houBe In Burlanek, Mary Sharp, Hermle Kal- the presence of but a few friends. asek, Victoria Janda, Anna Rys, Lil- Mr. Jones, commonly known by the lie Wohlford, and Mrs. Addle Van pseudium of "Pasty,", is the younger Anders. Messrs. Glen Low, Earl Bar- son of Mr. and Mrs. R. J. Jones and clay, Roy Holly, James Rebal, Chas. has been a resident of Ilavelock the Hula, O. E. Gilson, Stuart Janda, greater part of his life. For several Cyril Halma, Ed. Kanka, Tim Kaho- years he has been engaged -In the ta, George Gobleman, Ed. Kalasek, harness business and for nearly a Jim Burlanek, Tom Gradavll, Henry year has been in the employ of Hug Brlnkman, Tony Bajeck, and Julius hart & Rhodes. Kalasek. Miss Warga is the daughter of Mr. and Mrs. Mike Warga, Sr., and has Mrs. Hawls III. long been a resident of this city. Word has been received in this The happy young people have a city that Mrs. C. A. Rawls Is quite I host of friends who wish them a long, ill at Granda, Col., the high altitude useful and prosperous life of wedded not agreeing with her. It Is to be bllsB hoped that the report will be followed Mr. and Mrs. Jones have taken by one giving her condition as much rooms In Walton block for tbe pres bctter and that the news of her ent, but will soon establish a more speedy recovery will soon be received, commodious homo In this city. Mrs. Rawls has a great many friends Ilavelock Times ter of regulation laws compared with in this city and vicinity who will be the ReDubllcan party's record. Just very sorroy to hear the news of her Stamp photo. 2 down 23 cents, study the returns of the election of illness. I OLSON PHOTOGRAPH CO. present. Somewhat Hnrprkied. Farmers and others this morntag got a aisagreeaDie surprise wneu me? started out to 'travel through .thn) country. They found the roads badly . drifted with snow, the result of the high wind which prevailed during Do morning hours. Incoming farmers Be port that the drifts In some placos BJso so high that it Is almost impossible get through them and in a groat many places farmers have been cobs- pelled to cut fenccB so that they might go through fields on account of tho great depth of the snow, Today turn been warm and balmy and consider able of the snow has melted but there Is still enough to last for 'sev eral days and then some. The high wind of the early morning was n freak weather condition seldom bccd or heard In these parts and was thought to be the forerunner of a bjg storm on the way. Miss Jcnnett Brantner, who has been confined to her home, north oT town and under quarantine for scar let fever for the past two weeks, canto to town this morning with her moth er, under whose acre she has beca. Tho little lady is faring very well at