?ta(8 Historian sc
mowtb '-journal.
SEMI-WEEKLY EDITION EIGHT PAGES
PLATTSMOUTI1, NEBRASKA. TILUUSDAY AU(JUST I, 1910
VOLUME XXIX
XO 56
Neb.
.If A A
V
NEBRASKA'S SUIT AGAIIIST TIE
BELL TELEPHONE COMPANY
Of Nation-wide Interest and Constitutionality of the Law is Being
Discussed Various Sections.
Nation wide attention has been at
tracted to the suit which Attorney
General Thompson has instituted in
behalf of the state of Nebraska vs.
the American Telephone and Tele
graph company, better known as the
Eell company. An eastern paper re
cently called attention to this suit,
and discussed the constitutionality of
a certain Nebraska law. Here is the
manner in which the matter Is being
discussed in the east:
"it will be interesting if the case
which the attorney general of Nebras
ka is preparing against the American
Telephone & Telegraph company and
its subsidiary, the Nebraska Tele
phone company, ever gets to the su
preme court of the United States.
The attorney general is seeking to
have these telephone companies oust
d from the state of Nebraska, on
the alleged ground that they have
violated the anti-trust laws of the
state by purchasing competing plants
from independent operators. What
gives the case its peculiar Interest is
the fact that the law of Nebraska, in
addition to other punishments for the
purchase of the competing plans such
as criminal liability and forfeiture
of charter rights, provides that the
interests thus purchased shall escheat
to the state. If this law should be
held to be constitutional, It would
provide an answer if an everdrastic
and oppressive one to all who con
tend that In the last legal resort
there is no practical way of prevent
ing great combinations or monopo
lies. But would it be held constitu
tional? Coming at Just this time the
evolution of the supreme court's doc
trine concerning the limits to which
fines, forfeitures and money penal
ties can be carried, the question is
a particularly live one. In a num
ber of cases decided by the supreme
court during the last few years there
has been rather a marked tendency
to Identify excessive penalities with
confiscation of property and so to
declare them beyond the power of a
state to Impose. Often, it Is true,
Ed. Donat Loses Seven Watches
and Money, Billey Barkley
Loses All His Chickens.
The criminal classes were at large
In the city Saturday evening last and
got In their nefarious work at several
places In the city. When Ed. Donat
came down Sunday morning to scrub
out his saloon he discovered his place
had been robbed of fifteen dollars in
cash and five gold and two silver
watches. Among the stollen property
was Mr. Donat's gold watch which he
values very highly.
On inspecting the premises to find
where the robber entered he found
that the screen over the east window
had been removed and the culprit had
come through and alighted on the
tall music box standing against the
east wall had descended to the floor
and made way with the loot. There
was nothing else disturbed which in
dicated that the money and valuables
were all that the prowler needed at
the time. If any liquor was taken It
was taken In the original package and
could not be missed. The doors were
still locked and barred, Indicating
that the thief had departed through
the same window at which he entered
the saloon.
At William Holly's clothing store
an attempt had been made to break
In but either the criminal was fright
ened away or was fearful that in
breaking the window he would make
too much noise and might be detected.
At this place he had removed the
'stops from the window but could not
effect an entrance without smashing
the whole sash which would have
made quiet a loud noise. '
At William Barclay's restaurant
the thief robbed the henroost, taking
everything In sight. Mr. Barclay dots
not know Just exactly the number
taken, as he had not counted bis
fowls that day. He Is of the opinion
SEVERAL PLAGES
BURGLARIZED
these cases present certain other fea
tures that may largely account for
the tendency of these decisions. For
example, in the Minnesota rate case
two years ago, the supreme court de
cided that:
"By reason of the enormous pen
alties provided in the state laws by
way of fines against the companies
and imprisonment of their agents and
employes, the companies were In ef
fect prevented from ever questioning
the validity of these laws, as the
risk of confiscation of property and
Imprisonment of agents in case the
companies failed In their defense was
too mucn to undertake in order to
obtain a judicial decision on the
question of such validity Such laws
are, therefore, held unconstitutional,
as they prevented the companies from
resorting to the courts, and there
fore deprived them of the equal pro
tection of the laws."
But while the qualifying features
of such decisions cause doubts to rise
in the mind, they do not dispose of
the question as to whether the su
preme court In the future will or will
not identify excessive penalties with
confiscation of property in anti-trust
law cases or similar cases in which
the wrong for which the penalty is
Imposed is a purely statutory wrong,
one that Is not a wrong in itself. If
the Nebraska law provided that
where competing plants were pur
shased they must be disposed of by
the offending purchaser at a fair
price, whether to the state or to pri
vate persons or corporations, the
questions arising would not involve
confiscation of property, whatever
other matters they might Involve.
But when a law provides for escheat
to the state without compensation to
the offending owner of the property,
it is not impossible many will regard
it as probable that the supreme court
when it drives into the logical cor
ner and is compelled to answer the
question whether a state can decree
forfeiture for wrongs which are sta
tutory and not moral wrongs, must
say that such laws are confiscatory
and therefore contrary to the constitution.
that local talent did the job, and that
yesterday spread quite a feast t of
chicken, cigars and liquor.
Hoy (Jets Leg Cnislied.
At the gravel pits of Gilmore &
Philpot near Cedar Creek yesterday,
Frank Houk, a young man who was
in their employ was run over by a car
and suffered a dangerous , if not fatal
wounds. Young Houk It seems, had
charge of one of the small cars which
is used for conveying the gravel from
the bank to the seive where it is
washed, and while manipulating one
of these yesterday, which was loaded
with gravel in some way he fell from
the car, alighting on the track direct
ly in front of it when It passed over
him, crushing one leg In a frightful
manner, a compound fracture result
ing, and piercing the fleshy part of
the other leg with a bolt. Dr. Cum
mins of this city was summoned and
went to the scene of the accident as
quickly as his auto could take him.
He brought the young man to town
and took him to the hospital at Om
aha where he could receive proper
care. It was thought that the limb
could be saved and when the doctor
left the hospital last evening the
young man was resting as easy as
could be expected under the circum
stances. VlMteu hi the Country.
M. Hlld and wife and Miss Mabel
Kiser and Miss Marie Bookmeyer
drove out to the home of Mrs. Hild's
father, J. M. Meisinger yesterday
and visited a few hours. Mr. Hild
thinks crops are looking fairly well,
at least some of the fields will make
some good corn. There were a few
fields where the crop was put out
late which did not make growth be
fore the hot dry weather came on,
which Is tassellng out very low, this
Mr. Hlld says cannot make anything.
The third crop of alfalfa will be very
short unless rain comes this week.
Robert D. Taylor of Franklin, this
state, is In the city the guest of his
brother-in-law, James Robertson. Mr.
Taylor is on his way home from New
York.
SE ES
Interesting Sermon by Rev. Cade
on "Millions ofM oney."
One of the largest audiences that
has yet greeted the new pastor of
the First Presbyterian church was
present Sunday morning to listen to
the Interesting discourse on "Millions
of Money."
The speaker's plea to lay up treas
ures in heaven was listened to with
rapt attention, and the Indications are
that next Sabbath's congregation w ill
be even larger.
He took his text from Matthew
vl, 20: "But lay up for yourselves
treasures in heaven."
Amnnir thoi thfncra Pov C. a it
said: "While money Is a great power I
in the world, Christ's kingdom Is of
far greater power. Money has to do
with commercial and material things,
while the cause of Christ has to do
with love and christian character and
the redemption of humanity. Eternal
life Is offered without money and
without price, yet the gospel of the
Son of God In Its world wide scope
requires millions of money to make
it a power among men. When a
stranger enters St. Paul's cathedral
and asks for the monument of Sir
Christopher Wren, he is directed to
a simple latin Inscription on one of
the large stones of the temple "If
you ask for his monument look about
you."
Look about you to see the influence
of money. Our large cities, our great
manufacturing industries, our me
chanical achievements represents mil
lions of money.
The making of money may be a
great blessing. It Is a clvllizer and a
transformer. It often overturns the
false and the bad and sets forth the
true and the good. But while money
may be a great blessing to any com
munity, jet It Is not all...
If you stood on Jordan's stormy
bank, millions of money could not pay
your passage across the dark river of
death. Millions of money will give
no comfort or solace in the hour when
you sigh, "Oh! for a touch of a hand
that is vanished, oh! for the sound
of a voice that is still."
When the man with his millions
came to die he turned to his pastor
and said "sing." What shall I sing
asked the minister? lie said sing:
"Come, ye sinners poor and needy,
Weak and wounded, sick and sore;
Jesus ready stands to save you,
Full of pity, love and power."
Whether rich or poor in this
world's good, If you have laid up
treasurers In heaven, when you begin
the life Immortal, you will receive
an inheritance, incorruptible, unde
filed, and that fadeth not away.
Rev. Cade will speak next Sabbath
morning on the "Memories of the Old
Home."
Have, l ine Time.
The hospitable country home of
Mr. and Mrs. John Meisinger, Jr.,
eight miles northwest of this city was
the scene of a very pleasant social
affair yesterday afternoon when a
number of friends assembled and did
have a most delightful afternoon, in
terspersed with social conversation,
music and the like, which caused
considerable merriment and assisted
in making the afternoon one of the
most delightful the guests had ever
enjoyed. The pleasures of the after
noon were further augmented when
the "guests were Invited to the dining v. V. Leonard's residence; thence
room where a sumptuous feast wasoast to Fifth street. Tills will reach
In readiness for them to destroy, and
to which they could not help but do
ample justice. This jolly company
returned to their homes late In the
evening, having thoroughly enjoyed
themselves and very much gratified
at the splendid entertainment afford
ed them at tho Meisinger home.
Those in attendance were Louis Born
and family, (Anton Meisinger and
family, William and AUIe Meisinger,
George Horn, Nettle Meisinger, Ber
tha Noltlng, Maggie Kaffenberger.
Bids Open Ncvt Monday.
There has been some inquiry as to
when the paving would be done,
which was voted some months ago.
Mayor Sattler informs tho Journal
that the bids will be opened and
read and considered at the regular
council meeting next Monday night,
August 8th. The paving will be done
as soon thereafter as the contractor
can give his bonds and make the
proper arrangements.
In Honor of II. J. Siimlu anil Wife.
Yesterday was the seventeenth an-
I niversary of the wedding of Mr. and
Mrs. H. J. Schultz of this city, and In
honor of the event, Mr. C. A. Gauer
and wife entertained at their beauti
ful country home near Cedar Creek.
A fine banquet was served to which
seventeen persons sat down, covers
having been laid for that number.
After dinner, games and amusements
were engaged In and a very pleasant
afternoon enjoyed by the company.
Mr. and Mrs. Gauer are royal enter
tainers and spare no pains In mak
ing their guests enjoy themselves.
BOYS EIIJOT A
Fortunate in Catching All the
Fish They Could Handle
(, Last Saturday evening or rather
about 2 a. m., Sunday morning, a
party of young men from this city
with bate and lines and all sorts of
fishing tackle, found themselves at
Metzger'a pond near Cedar Creek.
They talked and used the tackle un
til daylight then threw In their hooks
and by breakfast time had a fine
bunch of the finny tribe ready for
the frying pan. Charles Kunsman
was elected cook for the breakfast.
He did the stunt to perfection, pre
paring one of the most appetizing
meals the boys have sat down to for
some time Charles had the break
fast all ready to serve by 9 o'clock
in the forenoon of the same day he
commenced it The breakfast would
never have been ready at that time
had not Kassie assisted In Its prep
aration. After breakfast the boys fished
some more, this time bringing to
shore something like 250 fish of ail
sizes and conditions. The champion
fishermen were Frank Koubek and
Louie Berkinbush, Joe Libershall, An
ton H. Koubek and George Hild com
ing In for second honors.
Some of the boys had poor luck,
and would have gone hungry had not
the more lucky ones divided with
them. By 1 o'colck enough fish
were on land to make a good dinner,
and accordingly Charles Kunsman
was again selected to toast the trout,
with A. H. Koubek assistant, with
George Hlld to pass the water and
other refresnments. After dinner the
bunch attended the ball game and
saw Cedar Creek win In an easy
game from the Springfield or Cullom
team. A. H. Koubek acted as umpire
for the game. The party were com
pelled to leave the grounds before the
ball game was over and on their way
home stopped with J. M. Meisinger
for a short visit. At the Guenther
farm supper was prepared and serv
ed, A. H. Koubek taking the cook's
position this time. it was a great day
for all the party and one that will be
a green spot In their memories for
many years. The party was com
posed of Charles Kunsman, Albert
Egenbcrger, Joe Libershall, Frank
Koubek, Henry Heos, Kassie, A. H.
Koubek, George Hild and Louie Ber
klnbusch. Organize Private Sewer Company.
A Private Fewer association Is or
ganizing in the city to accommodate
those Interested along the route, and
thus do away with cesspools which
are a sort of nuisance. The sewer
will begin at or near Dr. T. P. Llv
ington's residence on north Sixth
street and cross the street to tho
east, thence north to the alley near
the residences of 1). O. Dwyer, II. N.
Dovcy and A. J. Becson. Another
extension will continue up Sixth
street to the alley south of the Ger
lng home; then extend east to Fifth,
reaching the homo of County Treas
urer Frank Schlater and J. II. Halde
man. There will be about one thous
ands feet of the pipe and will cost
tho beneficiaries In the neighbor
hood ot $500. The contract for put
ting In the sewer has been awarded
to Walter White.
St till Cane Called for Trial.
At 2:30 this afternoon the case of
the State vs. Lawrence Stull, for as
saulting his sister, Mrs. Monroo with
Intent to do great bodily harm was
called In the county court. Tho state
was represented by County Attorney
Ramsey and the defendant by A. J
Tldd. A motion and affidavit was
Mod for continuance for ten days,
and the same was continued to Aug
ust 13.
THE DOG
DATS, THE DOG STAR
AND THE OLD DOLDRUMS
Where "Dog Days" Derives Its Name and Why It is the Season of
fthe Year When Dogs Go Mad.
Many people do r.ot know the
meaning of the term "Dog Days,"
and always look upon August as the!
dog days month. The dog days Is
the name applied to that season of
the year when heat Is most Intense
and Its consequences most baleful
upon all creation. In this latitude Its
exact beginning and end Is Indeter
minate, only that it begins In July
and lasts well throughout August.
It Is the season when dogs are most
affected by heat; when snakes go
blind; when the fish refuse to bite;
when the water In the ponds and
creeks becomes part covered with
green scum, and, scum covered or
open, is fraught with queer His for
the boy who goes swimming; when
eats are most liable to fits; when
song birds are mute In the woods;
when pawpaws, shrubs and bush In
the pastures, if cut down, do not
sprout again. It Is a season when
man is liable to heat prostration or
sunstroke, Is languorous and full of
lassitude, or silly or Irritable, prone
to take offense at trifles, seeking
for comfort and rest and not finding
them by night or by day.
The season does not, as many sup
pose, obtain Its name by reason of
any peculiar susceptibility of dogs to
its Influence. It received Its name
long, long ago from the ancients and
the dog had. nothing to do with the
naming. The early astronomers In
the regions about ihe Mediterranean
and the hot countries of Central and
Southern Asia gave It the name of
Canicula, which was an old name for
the constellation, Canis Minor, the
Little Dog. This name was also ap
plied to Sirius, the Dog Star, in the
sonstellation Canis Major, the Big
Dog. That star, the largest and
brightest of all the stars, gave the
name to the season. From the rising
of this star during the hottest season
of those latitudes, the ancients reck
oned their dog days, which were forty
in number, and they attributed the
evils of the season to a baleful In
A Few Tips to the Voters Which
May Benefit Them Materially
On primary day the voter will find
all tickets and candidates on a large
"blanket" ballot, the different party
tickets being arranged in columns
running from top to bottom, under
the different party names.
Under the "Open" primary law now
In force In Nebrnskn a voter may
vote whatever ticket he wishes re
gardless of his party affiliation. For
example: A voter who has affiliated
with the Republican party may vote
the Democratic ticket, or vice versa;
but he cannot voto for candidates
on both tickets. He need not vote
all of a party ticket. Ho may vote for
Just ono candidate or for two or such
number as ho desires. Tho import
ant thing to remember Is that you
cannot vote for one candidate on ono
ticket and for anotltcr candidate on
another ticket. You must stay by
ono ticket or your vote will be thrown
out.
The law says that a voter "upon
presenting himself at the polling
place where he Is entitled to vote
shall receive an official ballot and
shall then proceed to the voting
booth and mark by placing a cross
(X) opposite the name of the candi
date he wishes to vote for, but all
candidates voted for must appear In
the same party column and should
any voter vote for candidates In more
than one column the ballot shall not
be counted."
The voter who would like to vote
for certain candidates on the Demo
cratic ticket and for others on the
Republican ticket will have to think
the matter over and decide what Is
most Important to him and the wel
fare of the state In the campaign that
Is now on.
All young men who have become
of age since the last registration day,
PRIMARY ELECTION
TUESDAY, AUG. 16
fluence proceeding from the star.
These forty dog days were twenty
before the rising of Sirlu and twenty
after. The rising of the star was
supposed to bo the occasion of the
extreme heat and the troubles Inci
dent. It was, however, by mere ac
cident that the rising of Sliiua In
old times coincided with the hottest
season of the year in the countries
of the ancient astronomers. The time
of its rising depends upon latitude
of the place. It Is later and later
every year In all latitudes owing to
procession. In time the Btar may
rise In the dead of winter In coun
tries where once It was coincident
with the hot and silly season, the
dog days. This star and not man's
companion and friend, the dog, gave
the name to the dog days senson.
As the dog days are to the land so
In great measure are the doldrums to
the sea. This Is a name given by
sailors to that part of the ocean near
the equator In which calms and light,
buffeting winds prevail with hot and
sultry air. An, old sailor, this July
and August in Kansas or Nebraska,
would be very apt to say: "I've
struck Into the doldrums ashore."
In the doldrums sailing vessels used
often to beat about for weeks, and
they were formerly the dread of ev
ery mariner. Maury's charts were the
first to give comprehensive directions
for avoiding those parts of the sea
most troubled by the doldrums. The
doldrums oscillate north and south of
the equator with the year's seasons.
They lie 'further to the north of the
equator In July, August and Septem
ber, the season of our latitude's dog
days, and farthest to the south In
January, February and March, (he
dog days season In the southern hem
isphere. '
If one suffers from the ev'ls of the
dog days on land or the doldrums In
the same latitude at that time there
may. -be sonic consolation In shaking
a fist at Shins, but one must get up
mighty early In the morning to do It.
October Ft, 1909, are entitled to vote
at the primary election to be held on
August ICth.
The above Institutions concerning
voting at the primary election on
August 1C apply to all voters whether
they live In the country or In cities
or towns where rcrilHtratlon Is re
quired. Day I.llit Bui v.liiry.
Tho residence of Mr. Wlntrouh,
the Main street merchant, was enter
ed yesterday between tho hours of
4 and 6 p. in., and robbed. Mrs.
Wlntrouh and tho children had gone
to the store, leaving the doors of
their residence, which is located on
west Pearl strict, dosed but un
locked. For the nine year the fam
ily have resided In this house they
have never had nnything touched
before. Mrs. Wlntrouh found that
the rooms upstairs had been entered
and the drawers, where she kept her
table linen, had been riffled. Down
stairs tho robbers had opened a cup
board, where her glasswaro was kept
and from a small purso therein took
$3.20. The money was all that could
bo missed. Tho supposition Is that
someone who knew of the absenco of
the family did the deed. It is a bold
thief that will go Into one's dwelling
In the broad daylight. A term in
the penitentiary Is the only thing
which will cure the thieving habit.
Mix. Furlong (mm to Hospital.
Mark Furlong accompanied by
Mark White went to the hospital In
Omaha this morning with Mr. Fur
long's mother, Mrs. S. L. Surlong,
who has been sick for some time.
Mrs. Furlong's trouble seems to be
hardening of the arteries. She was
taken to Wise Memorial hospital,
where the best of care could be given
her
Buys Auto.
Ed. Mason, tho prosperous Main
street confoctloner, is the owner of a
fine Ford auto, which he expects
to use In delivering goods to any part
of the city and adjacent territory.
Ed. Is a hustler and since embark
ing In the confectionary business has
been climbing right up.