The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current, January 13, 1910, Image 1

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

    Stats Historical
PLATTSMOUTll, NEliUASKA. 1 II I HSlA V .) AXU.Ali V l.'J, lino
NO 1
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
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
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
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
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.
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
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