THURSDAY, JUNE 21, 1928.
PLATTSMOUTH SEMI - WEEKLY JOURNAL
PAGE TTYE
Pays Tribute to
Samuel Maxwell
for the proposed state. Again in the r--
coven f Vt leirielofnra Yia fntrnrorl ft inillt "s
resolution to submit a constitution
for a state government to the peo
ple for their approval or rejection.
'In order to defeat this proposition,
1M 1 f-.-l Charles H. Brown, a democratic leader
HI KiCL IT J II LI I ilfll from Douelas county, offered a re
solution to the effect that the people
of the territory should first ask for
statehood before that question be
submitted to them. This resolution
was opposed by Maxwell.
By a vote of the people, June 2,
1S6C, a constitution, which had pre
viously been adopted by the legisla-
.4 3 J Iait-
MaxwPlT, Uf 1! ,LZ ' tU6J islature of the state met on July 4
HZlVll?ZJa -Ci?fflL n?r of that year. The chief purpose of
Samuel Maxwell, One Time Resident
of Plattsmouth,Pioneer Jurist
Has Colorful Career
(By J. M. KLOTSCIIK.)
As judge of the supreme court of
with the judical development of the
state. He served on the bench when
Nebraska was still
this session was the election of two
United States senators. The seats of
Nebraska was still in frontier state "fr cun y repnes
"?c hU? !Pn inN!- Samuel Maxwell. H. D. Hathaway
craska was In the making. Max
well's life was also closely interwoven
with the political history of the state.
As a member of several territorial
legislatures and of three constitut
ional conventions he played an im
portant part in formulating the con
stitutional and statutory law of Ne
braska. Early Life
Samuel Maxwell was born near
Lodi. N. Y., on May 20, 1825. His
mother, Margaret Crosby, who was
the daughter of wealthy parents, had
been given a good education. This
proved a great value to Samuel, as
his education in the common schools
was supplemented at home under the
direction of his mother. His father,
Robert Maxwell, had been a wealthy
farmer, but, due to inability to handle
business matters, had met with fin
ancial reverses while Samuel was in
his youth. As a result of this failure
the Maxwell family moved to Mich
igan, then a frontier state of some
two hundred thousand people, in
1S4 4. Here it became necessary for
bamuel to aid in establishing a home
ana in supporting the family
Young Maxwell devoted his first
year in Michigan to labor on the
farm. The following fall he was able
to secure a position teaching school
He taught school for several years
during the winter, engaging in farm
work during the summer. In 1853
he was issued a certificate which
authorized him to teach in the public
schools of the Township of Water
ford for a period of two years. It
was at this time that he began his
law studies.
In 18 56 Semuel Maxwell moved to
Nebraska and settled on a claim
which lies south of the present site
of Plattsmouth. Plattsmouth at that
time was but a small village con
taining three or four frame cabins
and one log cabin. He cleared as
much of his land as possible and by
1S57 had cut enough logs to con
struct a fence enclosing one hundred
acres.
In this same year he was induced
to become a candidate for the terri
torial legislature. He was defeated j
in the election, due possibly to the!
fact that he failed to carry on a
canvass for the offict;. Maxwell
throughout his political career re
fused to "go on the stump" in order
to gain an office.
Maxwell returned to Bay City
Michigan, in the fall of 1858, where
he continued the study of law in the
office of his brother, A. C. Maxwell.
After his admission to the bar in
Michigan, he returned to Nebraska
in the fall of 1859, expecting to open
a law office in Plattsmouth, but was
unable to purchase a suitable li
brary. In 1859 he was elected to the leg
islature of Nebraska territory, serv
ing in the sixth session which con
vened on December 5, 1859, and ad
journed on January 13, 1860. He
supported a joint resolution for the
prohibition of slavery in the terri
tory. He also favored a bill to ex
empt the homestead and articles of
personal property from forced sale
on execution.
Maxwell returned to his farm after
he had completed his term in the
legislature and from 1861 to 1864
in addition to carrying on his routine
work, acted as a collector for William
McCormick, a friend of his residing
at Worthington, Indiana. McCor
mick, who had loaned money to many
residents of Nebraska during the
boom period, had employed Maxwell
to enforce callection of the indebt
ness. During a period of four years.
he collected about one thousand dol
lars, a large portion cf the amount
being paid in gold coin.
Territorial Legislature
From 1865 to 1866 Maxwell served
in the tenth and eleventh territorial
legislatures and was placed on sev
eral imnnrtant committees. As a
member of the judiciary committee
he urged the advisability of revising
the laws of Nebraska. In connection
with his report as chairman of this
committee, he introduced a bill pro
viding for this revision which was
duly passed. Under its provisions the
Revised Statutes of IS 6 6 were pub
lished.
Statehood
On April 19, 1864, Congress passed
n Pnablinc act. which authorized
the governor of the Nebraska terri
tory to call an election of members
to a constitutional convention, juax
well was elected to this convention,
ii-Mrh -met on Julv 4. 1S64. After
electing officers, the convention by a
vote of 37 to 6 adjourned sine cue
The people of the territory were not
vet ready to accept the privilages and
the responsibilities of full member
ship in the Union. The Platte River
had served as a geographical division
f statenood. All
mPTTihers of the convention elected
from the counties north of the Platte,
with the exception cf Douglas, had
vtoH for statehood, while ail mem
K.rc eicrtPd from counties south of
thP Platte, with the exception of
had voted against it.
Marwell had originally opposed
the statehood movement. As a mem
I,.- f thoiKixth territorial legisla
ture, however, he supported the bill
which provided for an acr to akiuic
a constitution and Etate government
L.. R. Bell, and W. F. Chapin, were
contested. Excluding these four mem
bers there were seventeen republicans
and seventeen democrats in the
House. The Cass county board had
issued certificates of election to these
men and they were allowed to vote
on the question of the contested
seats. The vote resulted in seating
the entire delegation.
Before a vote was taken on the
election of United States senators, J.
W. Paddock, in an effort to block
the statehood movement, offered a ',
resolution that the Housee adjourn !
sine die. When the vote was taken.
on this resolution, Maxwell cast the1
deciding vote against adjournment
and statehood became a reality. The
two United States senators elected
were T. W. Tipton and John M. i
Thayer. j
Mexwell refused to run for re-j
election to the House in 1866. In;
the same year he received a certifi-!
cate of admission to practice law in
several district courts of Nebraska
Territory. The following spring the
law firm of Maxwell and Chapman
was formed in Plattsmouth. This
partnership lasted until 1872, when
Maxwell was first elected to the state
supreme court. i
Constitutional Convention of 1871 '
In 1871 Maxwell was elected to
the Constitutional Convention and
came prominently identified on sev
eral important committees. The ques
tion of compulsory education played
an important and interesting part
in the proceedings of this convention.
The article on education provided
for compulsory attendance in t he
common schools and for the establish
ment of a reform school. Maxwell
strongly opposed the compulsory pro
vision of the article as a part of the
constitution. Although he was in
favor of having all children of suit
able age attend school," he did not
think avisable to include this section
in the constitution. He argued if this
proposition were inserted, the people
of the state would be compelled either
to adopt it or to reject the entire con
stitution. He also opposhed the pro
vision tor the establishment of a re
form school. He proposed that the
provision for compulsory education
and the establishment of a reform
school should be passed upon as inde
pendent propositions, so that the con
stitution would not be rejected be-1
cause of this article. "Does not the
fact." he said, "that these parties in
sist so strongly that it shall go into
the constitution show that they have
fears it will not carry an an indepen
dent proposition. He further said
the measure if passed would greatly
increase the expenditures of the state.
Maxwell succeeded in winning the
majority of the convention to this
point of view and the section deal
ing with education was submitted
to the popular vote as an indepen-i
dent proposition.
Another problem before the con-1
vention was that of the railroads.1
The first transcontinental railroad
had been completed a few years earl
ier and local railroads were being
projected in the various states. This
extensive railroad building and the
problems created thereby caused
much discontent in the West. Agita- i
tion looking to legislative control and
regulation had resulted in the for
mation of various state Granges.. The
spirit of the Granger movement had
been reflected in the constitution of
Illinois a few years earlier. The cor
poration was looked upon as an evil
influence, a force that should be re-(
gulated by law. As this anti-monopolistic
spirit dominated in the Ne
braska Constitutional Convention to
curb the power of the railroads. j
Maxwell was opposed to monopo
lies.but believed that railroad build
ing should be encouraged. He argued
that it would increase the value of
the property, thereby repaying the
people of the state tenfold. He pro
posed that a provision be inserted in
the constitution which "would pre
vent general benefits being assessed
aiainst individuals." This proposal,
although defeated in the convention
of 1871, was adopted in th-- consti
tution of 1875. !
Maxwell further urged that the
salaries of officials be kept at. a low
level. His argument was that set
tlers were continually coming intc
the state and that in addition to the
cost involved in lolating in a new
community, the existing taxes were
sufficiently high to make a comfort
able living a real problem to them.
Many people, he pointed out, were
living in "temporary habitations, mud
houses, and log huts," and had all
they could do to get along. This
position was thoroughly consistent
with his previous and lated attitude
on economy in state expenditures.
Proponents of high salaries argued
that capable men could not be induced
to accept state offices at salaries
which would mean financial sacri
fice. In reply to this argument, Max
well said that good men would ac
cept positions of honor at the lower
salary because they had "sufficient
pride to discharge duties." This was
perhaps true in every case, but is
was certainly consistent with the
position taken by Maxwell in later
years when he declined a more luc-
2 UBa IEesimdi
ffltiODffdl
eM Mo Mo
at Plattsmouth, Nebraska
TpQQEQQfg
For weeks we have been preparing for this event our greatest single advance in the 39 years we have been serv
ing the needs of Cass county buyers. The sound of saw and hammer has ceased and only a few finishing touches re
main before we throw open the doors of our new and improved store Saturday morning with prizes and favors for
everyone and an array of Bargains such as 3011 have never seen before. Come, be our guest and help us celebrate.
Of far greater import than even our new, modern store arrangement, is our association with the INDEPENDENT GROCERS' ALLIANCE, the
most powerful buying organization in the country today, composed of hundreds of individual merchants who apply chain store principles only
to their buying, and conduct their own individual businesses as they see fit. Through this connection we are able to save from. 5 to 15 per cent
on practically all our purchases, and will pass the savings on to you in LOWER PRICES, such as you see listed below. Values no one can beat!
Free Sugar Free
OPENING DAY
FIVE POUNDS of Best Granulated
Sugar TREE with, a $5.00 purchase
during this big opening day sale only.
Come in and stock up with staples.
Save on canned-goods. Get your
sugar FREE. One deal to a custo
mer, as this is just one of our ways
of advertising, wherein you reap a
big benefit in exchange for coming
to our store on OPENING DAY!
1
A Live Calf Smoked Ham Sack of Flour
3-lbs. Coffee Box of Crackers
Everyone can enter the guessing contest! We want you to
come in and hear the music see the sensational values and
the fine new store we have arranged for your convenience
get acquainted with our new method of grocery merchan
dising. Ask us for details of how these prizes will be given!
Favors for Everyone
OPENING DAY
We're celebrating and we want YOU
to join with us. Flowers for the la
dies, cigars for the men and candy
for the children all FREE. Also
everyone visiting our store Opening
Day will be served with Coffee and
Refreshments. We are proud of our
new, modernized store and our I-G-A
connection and we want you to come
in SATURDAY and pay us a visit!
!, iinii. (im iirn hi u M ,,, , in ii
Toilet Paper, 1000 Sheet Rolls, 3 for 13c Hard Water Castile Soap, 4 bars 25c Honey, strained, 5-lb. pail 59c
Tomatoes, No. 2 size cans, 4 for 33c Pineapple, broken slices, 4 Ig. cans 95c Hershey's Cocoa, per can . . 19c
Peas, sifted E. J. variety, 2 cans for 29c Krispy Crackers, 24b. caddy 32c Swans Down Cake Flour, per pkg 32c
Macaroni, Noodles, Spaghetti, 4 pkgs 25c Carnation Milk, tall cans, 3 for 29c Morton's Iodized Salt, per box 10c
Jeilo, any flavor, per package 8c Granger Mayonnaise, two 8-oz. jars 45c Ginger Ale, 2 qt. bottles for 45c
Campbell's Tomato Soup, per can 8c Van Camp's Pork and Beans, 3 med. size . . 27c Sardines in Tomato Sauce, 2 cans for. . . .25c
Other varieties Campbell's Soups, can .... 9c Grape Fruit, good quality, No. 2 tins 25c White King Washing Machine Soap, Ig. . . 44c
Kellogg's Corn Flakes, large, 3 for 29c Otoe Kidney Beans, med. size, 3 for. 25c Old Prague Malt, per can. . . 49c
Smoked Picnic Hams, 8-10 av., per lb.. . .17c Welch Grapelade, 15-oz. jars, 4 for 95c Bottle Caps, double lacquered, per lb 19c
Del Monte Peaches, No. 22 size can 22c Olives, full quart jars, each 49c Bottles, full quarts, per dozen 85c
Corn
Good Standard Quality
3 cans for
29c
A
Matches
Fine Grade, Safety Tips
6 Boxes for
17c
Bread
I-G-A's Opening Special
10c Loaf for
Soap
White Laundry Brand
7 Bars for
24c
Raisins
Seedless, free from Grit
5 Lbs. for
39c
So GeMed. GaS2ims2
Blackberries, Loganberries, Apricots, Peaches, choice, each 59c
Crushed Pineapple, per gallon 74c
Highest Patent, guaranteed, per 48-lb. sack $1.89
24-Ib. sacks Sunkist Flour for only 99c
T7J7
ini
ggee acneS IE!!isresfiaimneiiaitG Served! Fegg ASH ID)ay2
1-lb. Can Baking Powder FREE with each 3-lb. Can of Baking Powder Purchased.
o
THE OLD RELIABLE GROCERY STORE 39 YEARS OF SERVICE
nSsgSaesS: Ma2?et F2rse Ssis2a: 2? UteadlG Ss .iriaE,.Fii'&lTiEGG
(Continued on Page 6)
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