11 CrH
moutb 3ourn
SEMI-WEEKLY EDITION EIGHT PAGES
VOLUME XXX
PLATTSMUUTH, NEBRASKA. TIIIIliSDAY SKrTJiIHl-: II 2S, 1911
NO Js 0
ah
CITY COUNCIL SEEMS FAVOR SHOR
E
Resolution Stating That the Best Interests of the City Demand
The Giving of a Ten Year Franchise Was Referred To The
Fire And Water Committee Last Night.
Fiou Tuesday's Dally. mediately have fur consideration
Tbc water trancing question tj,e su,jt.(.t (,f a new water fran
touk up but little time in the city j,, anci S)1(., regulatorv pro-
council last evening, inert was
no discussion of it al all. A
resolution concerning the ques
tion was introduced ami then re
ferred to the lire and water com
mittee. This committee consists
of Neuinan, loey and Shea.
The. resolution, which follows,
was probably drawn up as a re
sult of the secret conference of
councilmen held Friday night at
Councilman Dwyer's office:
"Resolved, The matter of a
new franchise and contract for
water with the Plattsmoulh Water
company is now being agitated,
and,
"Whereas, The said water
company is now asking for a new
franchise and water contract,
therefore he it resolved by the
mayor and city council of the City
of Plattsmoulh that the best in
terest and welfare of ( he people
of said city require that such
franchise and contract should not,
be for a longer period than ten
years."
There were I wo representatives
of the water company present T.
11. Pollock and C. F. Weber but
Ihey were not called upon. A
resolution from the directors of
the Commercial club was also
read. It was not t he same resolu
lion as passed at the meeting
Thursday night, but a new resolu
tion written with more tact than
I he old one, which was. offensive
to the councilmen. The resolu
tion, alfer being read, was
"placed on. tile." 1 .
As no one of the councilmen
bad anything to say last evening
about the water franchise, it is
still a myslery as to how they
stand on the question of the fran
chise submitted. The foregoing
resolution may be simply a means
of postponing the discussion, or it
may represent the sense of the
council.
The councilmen refuse to say
much about the water question
except that they think it best not
to be rushed in the matter. It is
pencrally believed that a majority
of the members are opposed to
municipal ownership. On the
other hand they wish to get as
pood a franchise as possible from
Mr. West, the owner of the plant.
The silence of the council on
the water question last evening
may have been a disciplining of
the Commercial club for "infring
ing on the rights of the council."
It is known that several of the
councilmen expressed themselves
in pretty strong terms about the
action of (he Commercial club in
faking what these councilmen
considered "snap judgment on the
franchise."
. ft is believed, however, that the
council has no intention of forc
ing a hard bargain with the water
company. Mr. West agrees to
spend considerable money and to
make a number of reductions in
the water rates. It is probable
that after a month or two of
jockeing that Mr. West will get
a franchise that is satisfactory to
hiri and that the city will get one
that is fair to the people,
Picture Show Ordinance.
The picture. show ordinance
came up for the second reading.
At the conclusion of the reading
Councilman Weber said that it
appeared to him that the ordin
ance was extreme in many re
spects and he Ihouirhl that it
ought to be referred to the police
commit Ice for invest igaliou. This Richel, .S37.HO; street work. M.
was simply a method of killinur it. Sheldon, $; .Innies Dvorak. sfj;
as Hie police committee will I'lul Hamson. 5.4n: James
probably never see fit to make a MiiM-k, $Jl.N'i; Janus Wnn,
report on it. He fore the ordin- j $ 15.00: Mike McCool. SJ.VJ0;
ance was read three petitions were Oliver O.-born, 10 Vents; F.d Snnd
presented asking that the ordin-. irrass. s'(5.i; James H.-hal. 3C;
ance be nut passed. These peti-.O. W. Hotn.iti, J.50; cement
lions had a total of 2511 names. work. Fred Ohlenhouse, $5; Jacob
A. ......... . .. .... ...
mayor Mtiucr reporieii mar. tie
had vetoed the Dwyer ordinance
regulating the maintenance (,f
water pipes in me streets ami Hie
Knotting off of water "for the
reason that the council will im -
1
El HE WATER CUM
visions as may lie necessary can
. . . -
be incorporated in said franchise
without the unnecessary publica
tion expense. And for the fur
ther reason that this ordinance
would not afford equal protection
to all the people alike.
Councilman Dwyer said that the
contractor who had been given
the contract, for many of the.
crossings of the city and much
other city work, for some reason
was not doing the work, although
notified by the city time and
again to do it, He moved that
(he contractor be given three
days in which to start the work,
and if he did not start it in that
time that the city do it by con
tract and charge the excess of
costs against the bond of the
contractor refusing to do the
work.
ft appears that a great many
crossings have been ordered in
and the Work awarded, but the
contractor is not putting them in.
As it is getting near the time of
year when the crossings will lie
morn needed me councilmen are
getting impatient.
The special library committee
reported on the work it recom
mended to be done at the library
in the way of retaining walls and
other improvements. The com
mittee was instructed to estimate
the cost of the improvements and
report at the next meeting.
Councilman Neuinan complain
ed that the sidewalk along the city
park. was in such a bad condition
that it would be belter for the
city to lake it up than leave it, like
it. is. He said the city should tlx
up its own. walks before forcing
the citizens to put. in walks. It
was sett in); a bad example for the
city to be delinquent in this mat
ter. Councilman (iravett moved that
the county be requested to fur
nish the chief of police with a
key to he jail and lo put a gas
light at the jail corner. Carried.
Councilman Weber moved that
Fourteenth street, ' from F.Ik to
Fulton, he put in good condition.
This is the road in front of the
Masonic hoinei ami the builders
of the Platte river bridge desire
that it be lixed up as the main
road from the business section of
town to the river. Mr. Weber
thought that about $150 would be
sullicient for the road.
Councilman Dwyer questioned
the wisdom of putting tin; money
on that, si reel instead of using
less money for Eleventh street,
which is now used by persons go
ing to the road to the river.
Weber's motion finally carried,
six voting yes ami the rest not,
voting.
The council will have a special
session on November 13 for the
purpose of considering the ques
tion of special sidewalk taxes. A
large number of sidewalk resolu
tions will be taken up at that
lime.
The city attorney reported that
the city had no right to certify the
sidewalk taxes lo the county
treasurer, as Mr. Whalen was not
legally hound to pay for the side
walk. Mayor Saltier said that
Mr. Whalen was willing to coin
promise with the city, and a mo
tion was made for a special com
mittee to wail on Mr. Whalen and
try to reach a compromise.
! The following claims were al
lowed: Street sprinkling, W. It.
aki-oii, s-.'.jr: (.. Kuapp
"J. .'."; 1 . H, l-.bersole
repairs,
repair
work. S'.VJ.'i: S. W, (ioehenoiir,
foreman
tin- ib-parttnenl, $i.'jr;
-Western Stamp and Stationery
, company, seal, si; no.leuien, P.
t
;
l.r0; I. A. McCrury, $1.50
watching lire, Raymond Henry
$1.50; .lames Andrews, $1.50; A.
S. Will, cedar posts, J -.Mo-John
Kaucr, fence and gates.
!3..")0; H. C. McMaken Son,
library work. $7.3 i; II. C. Mc
Maken i Sou, merchandise to
cemetery. !jt;j.!(l; H. C. McMaken
i Sou. crossing. .5.i(i; R. A.
Hates, prj'nting, $15.35; A. S. Will,
i") loads cinders, $t.75; Frank
l.oflnsky, street work, $.'(; fore
men tire department, C. P. Rich
ards," $oVJ5; Hugh 1). Stanley,
.J5; C. M. Manners. $t.'J5; An
ton H. Koubek, $t.i5; Ramond
Henry, .-' 5; H. C Wnrl, ex
penses, $1.15; Frank Lihershal,
secretary fire department, $(.'J5;
lleorge E. Dovey, expenses to
Waboo, $5. 00.
The claims committee reported
that claims of C. W. Haylor for
$1.50 and Lorcnz Brothers for
8.85 were allowed.
WANTS THE MISSOURI
PACIFIC TO "DIG UP"
A Peculiar Suit Against the Rail
road Company at Ne
braska City. '
Mrs,
through
Watson,
district
Mary Fenner Miller,
her attorney, John C
has filed a suit in the
court for $1,1(1)0.50
the Missouri Pacitic rail-
again
way.
She sets up that, on January
30, 11)1 1, .she had a store down on
Fourth corso, near the Missouri
Pacific crossing, and it contained
a stock or goods and nouseliold
furniture valued at $4,403, and
that, about, 11 o'clock that morn
ing the building caught fire and
would have been saved, but after
the lire company responded to the
alarm and laid a line of hose that
the Missouri Pacific backed an
engine over the hose, cutting it in
two ami shutting off the supply of
water, I bus enabling the house to
burn with its contents-. She
therefore claims l hat '.she. was
damaged to Hie amount above,
named over and above her insur
ance ami asks that she be given
judgment for that amount.
The plaintiff now resides al
Fremont, having married and
moved there shortly after the fire.
The city tiled a claim with the
company for the section of hose
which was destroyed at the time
and the company promptly paid
the claim. Nebraska City News.
An "Efficiency'' Convention.
"F.nicienry". wj be the key
note of the great Silver Jubilee
convention of the Nebraska Chris
tian Endeavor Union at Lincoln,
October 2tf-29, DM1. The great
est body of Christ ian Endeavor
experts ever assembled for a stale
Christian Endeavor convention
program will be at "Lincoln
mil." They include Win. Shaw,
general secretary, and Karl Lch
mann, interstate field secretary,
of the United Society of Chris
tian Endeavor; Willis L. fielslon,
superintendent of young people's
work for the Presbyterian church;
Claude E. Hill, superintendent
Christian Endeavor for Christian
church: Daniel A. Poling, super
intendent young people's work for
Evangelical church, and E. P.
dates, fiedd secretary Illinois C.
E. Union. Conferences and a
"School of Methods" will have a
prominent place in the program.
From 2,500 lo 3,000 delegates are
expected. Write Ray fi. Fletcher,
301 Fraternity building, Lincoln,
for further information.
Tells of New Road.
The Kansas City Star of Sun
day had a lengthy article on the
convention al IMallsmouth in (he
latter part of October to organize
the Omaha-Kansas Cily Oood
Highway association. It staled
Hint city olllicals, Commercial
club officers and good roads ad
vocates would be invited to at
tend from nil the cities along the
route.
G. A. R. Entortained.
The (1. A. R. enve a social to
Hie Relief Corps and friends Sat
urday nig-hl. which was attended
by 150 people. A pleasant social
lime was enjoyed and the sing
ing of many old war songs
created much enthusiasm. Miss
Freese furnished the music for
If. Kinneioan.-l.r0: Will Mason
Ihe evening. Ice cream and ol hey Wright was the battery for Mur
refresbmenfs were servt-d. 'ray.
COON MOST PAY FOB
KILLING MISS SMITH
Supremee Court Tells Auto Driv
ers What the Law Requires
of Them.
From Tui'silay's 1'nlly.
Tin- supreme eourl yesterday
decided two suits for damages for
injuries inllictcd by automobiles
and in each case allirmed judg
ments :ien by Hie lower courts.
A . ju lament against William
Coon of Lincoln for 4,500 for the
killing of Miss Nellie Smith was
allirmed, as( a j.judgnient for
$.',000 against Thomas Draper of
Lincoln for injuries inflicted upon
Mrs. Fredericka Hlado.
Less than one year ago the
same court atllryied a judgment
of imprisonment in the peniten
tiary against an Omaha man who
killed William Krug while both
were driving different auto
mobiles. A criminal case against William
Coon for the killing of Miss Siinth
resulted in his acquittal. A dam
age suit instituted by Lizzie
Smith, administrator, resulted in
a .verdict for $4,500. This was
alleged by the defendant to be ex
cessive and be appealed to the su
preme court on that point and
also alleged that the evidence
was insufficient to warrant the
finding of the jury. The snoreine
court holds that the evidence- was
sullicient and that, the amount of
the judgment, is not excessive. It
also held against the defendant on
his allegation that the deceased
was guilty of contributory
negligence when she became
frightened ami bewildered at the
near approach of (he automobile
at the corner of Twelfth and O
streets. The court says that one
who becomes N bewildered and
frightened at the near approach
of an automobile in a public
street and for that, reason fails to
avoid a collision is not guilty of
contributory negligence.
, The decisions of the court in
(wi'.ii .!. Draper and. Coon, cases
were writen by Judge J. H. Karnes,
to whom Hie two cases fell by lot
w hen I he court assigned I he cases
to I he different judges. The death
of Miss Smith occurred Aoril JO.
IttOM.
Duty of Auto Drivers.
The opinion of the court in the
Coon case contains the following:
"The driver of an automobile,
when approaching a street cross
ing in the main business part of
a city, at a lime when I he streets
are occupied by other vehicles and
pedestrians, should have bis auto
mobile under control, should keep
a sharp lookout and should man
age bis car as to its rale of speed
and
otherwise stop if necessary
to avoid injuring anyone who for
any cause is found to be in a place
of danger.
. "One who becomes frightened
ami bewildered at the near ap
proach of an automobile while
crossing a public slreet and for
that reason fails to avoid a col
lision, is not as a matter of law
guilty of contributory negli
gence." Killed a Large Wolf.
From TiiHilay'i Dally.
John Meisinger, jr., who lives
near Cullom, was in I own today,
and reports killing a mammoth
gray wolf this morning before
brenkfasf, but not before his
wolfship had killed two chickens.
He was going to. the bam about 5
o'clock when he saw the first
chicken carried away, and then
he returned to the house for his
gun. fn again returning to the
barn he saw Mr. Wolf coming
over the hill, and awaited his ap
proach. He had just, grabbed
another fowl when John shot him.
Mr. Meisinger says these pests
nre numerous in his section, and
that Ibis was one of the largest,
gray wolves he ever saw.
Plattsmouth Deaf Murray.
Sunday the Plattsmoulh base
ball team went lo Murray and
played the team there, winning
the game by a score of 7 lo i. The
feature of Ihe game was Ihe pitch
ing of Long, who struck out
fourteen . men. Kriggs got a
Ihree-base nil. The Plattsmoulh
players were: A till, Long, Kanka,
Kalend, Edwards, Kriggs, Smith,
I Maurer and Perry. Dobson and
His Uncle Dead.
Dr. Arthur V. F. Drown went to
Omaha this morning to attend the
funeral of his uncle, James
Thompson, who died Saturday
afternoon following an operation.
Mr. Thompson had isited here
several times.- He recently re
turned from a trip to the (iraud
Army reunion at Rochester. The
funeral services will be in charge
of the Kniulits Templar al Oma
ha. Mr. Thompson was 73 years
old.
BATES BUILDS HOME
POSSESSIONS
Burlington Attorneys Will Bring
Suit at Once Against Him
as Trespasser.
From Tnt)filHy'i Dally.
Charley Hates, the squatter on
the land in the bottoms east of I
town, who extended his fence yes
terday to include about fifteen
acres more of land, is building a
house on his new "possessions"
this' morning, and it looks as if
he is going to try to "hold the
fort." The new fence was guard
ed with a shotgun last night.
While he is putting up his
shanty the attorneys for the Hur
lington railroad are getting ready
,r Pie a suit against , him ns a
trespasser.
An attorney who seems entire
ly familiar with the history and
titles to the lam! says that, in I he
beginning of the settlement in
what is now Plallsmoulh an or
ganization known as the I'lalls
inoufh Townsile company was
formed, and lids were granted lo
the members of the company. It
was on government lam) and they
had no title to Iheir lots, so they
petitioned congress for a grunt to
the land.
The land lo the river's edge
was granted to Mayor Wheat ley
Mickclwaile "for the use and
henellt of the occupants and own
ers," and' the mayor then gave
them deeds to their lots.
The Hurlinglon railroad, says
this attorney, secured its right-of-way
by buying the land from
the owners. Their right rof-way
extended to the water's edge.
Then came Ihe high water thai
changed the channel of the river
and built up the laud that is now
in dispute. According to the law
of accretions, this land belongs to
the Kurlingfon, as their right-of-way
extends to "the water's edge."
Afterwards the Hurlinglon al
most lost, its right lo the land, as
F. E. Schlaler and Fd Fitzgerald
used the land for grazing pur
noses for a lerin of twelve years
, In ,.,.,. , avoi(1 H) iR:it ion in
the
mailer, the Kurliugtou com
promised with Schlater and Fitz
gerald, the latter giving Ihe rail
road deeds to the land in ex
change for leases which would
run until Ihe Kurliugtou desired
the land for railroad purposes.
This attorney said that Hales
was simply a trespasser and suit
would be instituted airainsl him
immediately to put him off Ihe
land.
ft is said that Ihe Hurlinglon
has always intended this large
tract of land to be used for an im
mense system of switching tracks
a storage place tor cars not
use during dull times, and
important point for transferring
freight similar lo the "gravity
switch yards" in Harlem, across
the river from Kansas Cily. The
same system may be used here.
Fngineering corps have worked on
Ihe Iract at various limes, 'and Ihe
engineering olllces of the Hur
linglon has many blue prints of
plans for the use of Hie laud
hero.
fn spite of Ihe fact Mint the
Hurlinglon claims the land, there
are good authorities who believe
that, Ihe cily has a belter title to
if. When it gels into the courts,
if is probable that Ihe cily will
ask to he made a part to the suit,
so thai it can protect its ruhls,
if il has any.
One attorney, in a talk with Ihe
Journal, said that in his opinion
I be law of accretions did no! ap
ply to Ihe land. The laud was
not made by gradual accretions,
hut by Ihe act of a flood. A dif
ferent law governs such cases.
Mont Shrader of Nehawka was
i in town yesterday.
NEBRASKA III IS
ELECTED PRESIDENT
And
Northwestern Coal Dealers
Praise Work of Stato
Commission.
Neb
iitska's leadership in thr
movement to secure it ounito
weights of coal shipiueiils and a
fair adjustment of rates was
recognized by the Noil hweslern
Coal Dealers' association at Min
neapolis i,n ihe election of W. K.
Kanning of Union, state senator
from Cass county, as president
for the ensuing year and the
adoption of resolutions commend
ing the action of Ihe Nebraska
railway commission in filing a
complaint before the interstate,
commerce commission against
the practices now coinplaiued of.
. Commissioner Furse ami Kx
pert Powell of Ihe stale commis
sion nave lately made some in
vestigations into the question of
coal weights al Omaha, Lincoln
and elsewhere. They have found
that in a good many instances the
work is done under conditions
making it impossible lo secure
the correct weight. Where mis
takes are made Ihey are usually
against the shipper. Lincoln
Star.
SUPREME COURT REDUCES
SENTENCE OF CLARENCE
Sentenced to the Penitentiary for
Ten Years and Term Reduced
to Two Years.
From WediiPHtlny'a Onlly.
The leu years' sentence of John
Clarence has been reduced by thtV
supreme court to two vears. Clar
ence shot and killed John I'.
Thacker, January 15, l'lini. The
accused was Iwiee tried in the dis
trict court and twice was given a
sentence of ten years, the last
conviction being for iniiu
slaughler. " The supreme court
finds thai Ihe evidence is sullicient
to sustain a verdict of man
slaughter, but of a low grade, ami
a reduction of sentence was
therefore ordered by Ihe supreme
court. The decision of Ihe court
was withheld until Clarence was
taken into custody by the sheriff'
in Cass county, he having been at
liberty on bail.
The circumstances connected
with the killing of John I'. Thack
er by John Clarence are still fresh
in the minds of Ihe readers of Ihe
Jourual, and we do not deem it
necessary lo reiterate I hem at.
this lime. -
The first trial was on Ihe charge
of murder in Ihe first degree. It
resulted in u verdict of murder in
Ihe second degree and a sentence
of len years. The supreme court
reversed llns judgment, ami on
(he second (rial manslaughter was
necessarily the charge. The sec
ond trial resulted in convict ion -aud
this j uHu mi-lit is allirmed by
Hie higher court ami Ihe sentence
is reduced to two years.
The supreme court finds no
error in Ihe instructions and
holds that the lower court did not
commit error in refusing to
grant a change of venue lo an
other county. The objection it
in j the admission of testimony show-
' . . i I ... i I : I .. I. .. - 1 .
an;mg imti lie earrieu a revolver i
held by the supreme courl lo have
been erroneous, but not pre
judicial, on Ihe contrary to have
been decidedly in his favor, be
cause of his crippled and helpless
condition hiuI the nature of his
business, which was that of a
horse breaker. The court says his
carrying of a revolver, as he car
ried it. generally exposed on a belt
around his body, was juslillable
and that lln-re was no evidence lo
prove that lie made preparations
for a conflict with Thacker or that
he premeditated the killing.
Steel Work at Bridge.
The mas of pilimf and lumber
and steel at, the Plalle river is
beuinnina to assume the appear
ance of a bridge. Several of the
steel span are already in place?
and the work is bcinir pushed with
much success, The briike will
be completed between the nu'ddle
and the last of October.
For Sale.
A number of thoroiuhbreiS
Duroc-Jersey males.
Cleii perry..