PAGE EIGHT
PLATTSMOUTH SEMI - WEEKLY JOURNAL
THURSDAY, AUGUST 9, 1920.
LOOK AT THESE BIG PICTURES
to be shown at
sGanll
State Argues
for Assessing
of State Banks
Friday arad Saturday!
m Mayanaiff (fl
-in-
S9
-in-
6t
You will love Colleen in this care-ree
wholesome picture. Watch or cir
culars giving more details o this big
special attraction featuring Film
land's most lovable star.
Tuesday and Wednesday Gene
S?atton Porter's Immortal Book
You Sell in love with "Freckles" and
other beautiful characters in the book.
New see this wonderful picture.
Gomanionate Marriage!
The picture that has made the entire
world open its eyes and set up and
take notice.
Friday and Saturday!
LAST 2 DAYS OF FESTIVAL
Uncle Tom's Sabiii!"
No
change in prices Children, loc-
Entire Family for 50c
I H TWM 11 HW 11 iiMi II ' J " J
Attorney General C. A. Sorensen
, Files Brief in Support
of Guaranty law
Shivers mingle with thrills critics
say this is the biggest thriller o Ken's
entire career. When "Ken" is not rid
ing "hell-bent" he is thousands o
eet in the air Fighting or his life
and a woman's honor.
Sunday, and Monday!
PUTS CRIMP IN HOPE
OF NEBRASKA HHUNTERS
Lincoln, Aug. 22. A word of
wnlnp went out Thursday to Ne
braska sportsmen In advance of the
hunting season.
Contrary to belief in certain quar
ters, Frank B. O'Connell, state game
Sacrifice Sale
of Furniture
Furniture of three good homes
Builders of the Missouri River bridge
leaving town. The entire Furnish
:ngs cf these homes to go at great
sacrifice. There is Living Room,
Dining Rcom, Kitchen and Bed Room
Furniture as well as Axminster and
Congoleum Rugs also Regrigerator
and Sewing Machine. Everything in
Ihis lot goes without reservation.
SEE GOODS AT
Christ Furniture Co.
Telephone 645118-22 So. 6th
Plattsmouth, Nehr.
waraen, asserted, mere will be no
open season this fall for shooting
either prairie chickens or grouse.
Nor will the season be opened again
until October 15, 1931, and will only
be open on each uneven year there
after, in compliance with recently re
vised game laws.
Heretofore, O'Connell explained,
the season for hunting these birds
have been each fall from October 1
to November 1, but now a penalty
of a $25 fine and $10 damages for
each bird shot awaits hunters who
ignore the law.
"Warden O'Connell also announced
that instead of a more extended field
of operations for hunters of pheas
ant this fall, the territory may be
more limited than last year.
Of nine counties which permitted
this hunting last year, but one. Val
ley, has indicated a willingness to
open the season this fall. Four other
counties, however, Nance, Morrill,
Knox and Boone, may be opened, he
said.
REDUCE SALT RATES
TO SOUTH DAKOTA
Pierre, S. D., Aug. 26. General
reduction in rates from Kansas and
Michigan salt fields to virtually all
points In South Dakota, effective on
or before Nov. 15. 1929, were an
nounced Monday by the state board
of railroad lommiesioners.
A three hundred page brief set
ting out twenty-two assignments of
error, . together with thirteen dis
puted points of law and detailed ar
guments relative to them, was filed
with the Supreme court Saturday by
Attorney General C. A. Sorensen in
the Abie State bank suit.
The Abie bank was joined by 558
other state banks in securing an in
junction against the state trade and
commerce department to prevent
the collection of special guaranty
fund assessments. Following District
Judge Lincoln Frost's decision grant
ing the injunction, the state ap
pealed to the Supreme court.
Upon the outcome of the suit in
the Supreme court hinges, to a great
extent, the future state banking pro
gram and the repayment of lost
funds to deDositors in failed state
banks.
This unusually large brief, which
was prepareu -Dy me anorney k"-
eral and his special assistant, C.
Abbott of Fremont, sets out the
state's theory in support of the spe
cial assessments.
Amone the Doints set out in the
District court's decision to whicn
the state is taking exception are the
following:
That the banks are entitled to re
ceive compensatory reiurns uyuu
their investment prior to the pay
ment of any special assessment.
That the sDecial assessments are
unjust, oppressive,' unreasonable and
confiscatory.
It is further objected that the de
cision of the District court oeprlves
those depositors having claims
against the guaranty fund of their
property without compensation by
preventing them from sharing in
the proceeds of the special assess
ment in Question and those in the
future.
Laws For Depositors.
Some of the propositions of. law
et out in the brief on whicn it is
honed the Supreme court will base
its decision are as follows:
The depositors' guaranty fund law
was not enacted primarily ior me
welfare of the banks but specifical
ly for the protection of depositors
in state banks.
The assessments for the benefit of
the guaranty fund are not an in
voluntary taking of the property of
the banks but constitute a charge
and contribution, the payment of
which is a condition precedent for
commencing and continuing to do
business as a state bank, and which
at anytime can be avoided by go
ing out or the DanKing Dusiness; in
order to engage in the banking bus
iness the banking corporation had
to get a charter and keep it the
bank had to comply with the condi
tions made part of the charter by
the state for the safety and protec
tion of the public.
Where a guaranty fund law is
enacted, adjudicated to be constitu
tional and a valid exercise of the
police power, remains in operation
for twenty years while the banks
and the public receive benefits from
it and depositors acquire, matured
claims under it against the fund, if
authority exists at all to divest these
depositors of their rights and to re
lieve banks from an assessment
made on the grounds of public need
or welfare, it lies wholly with the
legislature.
Conditions Not Effective.
That economic or business condi
tions cannot render a lawful assess
ment unconstitutional.
That banks which are making fair
profits are not entitled to be re
lieved of their responsibilities to de
positors because a hardship is being
imposed on other banks.
That the rule in rate and taxa
tion cases is not applicable to this
case, since the guaranty fund law
is not a revenue or rate making
measure but one passed under the
state's police power to stablize bank
ing conditions generally.
That the banks have waived their
rights to bring this usit by having
operated voluntarily and without
protest under the law, and by in
ducing deposits on the strength of
alleged guaranty fund protection.
The brief then launches into an
extended discussion of the evidence
presented In the trial court relative
to the condition of the banks and
the effect of the assessment law on
that condition. It is pointed out
that no evidence was presented to
show that the guaranty fund ever
caused or contributed to the fail
ure of any particular bank, while on
the other hannd it is aserted that
while the law has been operative the
banks have made good profits.
Interest Widespread.
The concluding appeal to the
court is as follows:
"The eyes of thousands of deposi
tors In failed banks are focused on
this suit. . It should not, of course,
influence the court unduly, but the
fact remains that if the banks are
relieved of their obligation to pay
the guaranty fund assessments for
the benefit of these depositors there
will follow bangruptcy, the blasted
hopes of children for education,
cheerless and poverty-stricken old
age for many, premature deaths
from lack of medical care, and worry
and untold hardship for thousands.
"The evidence Is overwhelming
that a large precentage of these de
positors were led to believe and did
believe that the state of Nebraska
was back of the guaranty fund. This
was true in a very limited sense, but
no one representing the state so In
formed the depositors.
"The state is under great moral
obligation to the depositors. The
foundation of a government is the
After the fire, the burglary,
or the auto accident words
"No Insurance" have a sorry
sound.
THEY are usually a
frank admission of
lack of foresight. Re
member that regrets are
unsatisfactory substitutes
for sound insurance poli
cies. Call, write or phone this
agency of the Hartford Fire
Insurance Company make
sure you have complete protection.
Searl S. Davis
Farm Loans & Land
Birthday of
Frank Leachman
Last Sunday
Brother Gets Dinner of Pancakes
and Peaches for State's
Oldest Native
J2 .1 - " 1 , . .
commence oi me people in mat gov
ernment. As attorney general, repre
senting this state, we are especially
anxious that those who trusted im
plicitly although ignorantly in the
power and willingness of the state
to protect them shall not be fated to
have their trust displaced by grief.
bewilderment and despair."
Press Inves
tigation Into
PI f 9 J .1
onaiers ieam
Box Butte Authorities Are Apparent
ly Not Satisfied with Theory
He Committed Suicide
Alliance, Nefr Aug. 26. Deputy
State Sheriff Clarke and Box Butte
county authorities were pressing
their investigation Monday night
into the fatal shooting on Saturday
night of Elvere Shafer, twenty-two
year old farm hand, whose body was
found lying beside his auto on a side
road one mile east of here. A re
volver belonging to Shafer was found
beside the body.
A coroner's Jury returned a seal
ed verdict following an inquest that
occupied nearly the entire day. That
authorities were not satisfied with
the information gained thus far was
evidenced by their renewed activity
late Monday.
Cushions in Shafer s sedan were
hloodsoaked and the doors of the
car were closed. The headlights were
burning when the tragedy was dis
covered by Mrs. Anita Lewis, Miss
Margaret Hopkins and Nick Hoffman,
who were out riding.
These three people said they saw
two autos standing in the road, with
Shafer's car to one side of the high
way. They declared they saw a man
wearing a white shirt run from be
hind Shafer's car, get in the other
machine and drive speedily away
They were. unable to "observe the li
cense number or get a good descrip
tion of the car. On this information
officials have strengthened their
theory that Shafer was murdered.
Donald Shafer, nineteen, a broth
er, said Elvere had talked of killing
himself and had spells of despon
dency. The brothers had been work
ing on ranches here and had planned
to leave Sunday for Kearney, where
Elvere's wife lives.
Kalph Dewester, who worked on
the same ranch with Elvere, said the
youth was deeply infatuated with an
Alliance girl. Dewester said he last
saw bhaier Saturday and remarked.
I'll see you tomorrow." Shafer re
plied, "You might see me, but I
won't see you," according to Dewes
ter. State Journal.
Falls City, Neb., Aug. 2C. The
"Leachman boys" celebrated Sunday
in honor of the seventy-fourth birth
day of Frank, the older of the two
brothers, who have lived on the same
farm near here all their lives.
Observance of the seventy-fourth
milestone in Frank's life was a very
simple affair, but he enjoyed, the
dinner Tom had prepared. For there
were several little specialities that
Frank enjoys. Pudding was one.
Flapjacks spread with fresh peaches
from the Leachman orchard was an
other.
Of course, there is nothing un
usual about birthdays' but special
note is taken when Frank observes
his. The reason is that he is the
oldest native Nebrnskan, residing in
the Cornhusker state continuously
since lie was lorn in a little log nut
on August 25, 1855.
Rarely Leave Home.
When Mr. and Mrs. Benjamin F.
Leachman, parents of this pair, died
many years ago. the brothers con
tinued to live on the old homestead
a mile from Falls City. Frank, the
sturdier of the two, took upon him
self the burden of the farm work and
Tom agreed to perform the house
hold duties. Any day will see Frank
working in the field while Tom may
be found in .the frame structure,
built 59 years ago to supplant the
log cabin, either washing dishes or
preparing the meals.
Although they are known by vir
tually everyone in this section, the
"Leachman boys" are rarely seen.
Frank usually makes the trips to
town with the team and wagon for
provisions every few months, but
Tom hasn't been off the farm since
last spring. In their own words:
"It's just a waste of time to drive
downtown unless there is something
to go for. We have our own milk
and eggs and it's seldom we need
anything from the stores."
Ready fcr Robbers New.
Their life is merelv a routine af
fair with none of the modern con
veniences such as the radio and
telephone to change the monotony of
it. Neither has seen a motion picture
show.
Last September robbers came to
the house, believing money was
hoarded by the two old bachelors.
After torturing their victims with
pins they secured only about $15
in cash and $2,500 in certificates of
deposit. The "boys" now have a
double-barrel, loaded shotgun, which
rests against the table, and a muzzle-
loading percussion shotgun.
'We'll give them a warm welcome
if they come back," the "boys" prom
ised. World-Herald.
WSa
Willi WasQ
The Beautiful Deluxe
jjj
HiiUiSlUdiOI
Contest closes Saturday night Sept. 7th
JUST ONE MORE WEEK
Following arc the names o the lead
ing contestants. They ace not listed
according to their actual vote stand
ing The ones shown at the bottom o
the list may be at the top the list
TWELVE OF THEM ARE
RUNNING VERY,
VERY CLOSE
Leading
Contestants!
Anna May Sandin
Plattsmouth
Bernard Galloway
Plattsmouth
Helen Clement
Plattsmouth
Charles Howard
Murray
Marie Meisinger
Plattsmouth
Wilber Hall
Plattsmouth
Mae Wilson
Murray
Gladys Graff
Plattsmouth
Helen Warga .
Plattsmouth
Vivian Livingston
Plattsmouth
Pat Roddy
Union
George Waldo
Nehawka
Mary Sedlak
Plattsmouth
Clara Wickman
Plattsmouth
Helen Warner
Plattsmouth
Minnie Pankonin
Weeping; Water
Florence Terryberry
Cedar Creek
Having Money
Blessed Costs
Youth $2,000
Gypsy Fortune Teller Takes Bee
Tender to Cleaning- With
Her Mystic Rites
Phone your news to No. 6.
Thomas Walling Company
t
Scottsbluff. Aug. 2G. Carl Zitter-
kopf, young Russian beet tender who
came here recently from Hastings
has reported to Sheriff Frank Kbenig
that a Gypsy fortune teller, one of
band of Gypsies traveling through
this section, stole more than $2,000
of his money 10 days ago while
blessing" it for him.
Zitterkopf said that the gypsy girl
told his fortune and then wanted to
bless" his money to which he
agreed. Producing a large roll of
bills, he handed the money to th
girl. She made a number of signs and
motions, and then placed what he
believed was the money In a fruit
jar.
Instructed to leave the "inorey
In the jar for 10 days, Zitterkofp
said he examined it at the end of
that time and discovered the jar
contained only a handful of valu-
less paper.
Me reported his loss to Sheriff
Koenig and left for Denver to seek
the aid of police and federal officials.
maha Bee-News.
Abstracts of Title
Phone 324
Plattsmouth
T NO CESSATION BY STATES
Ready, You Bet
London, Aug. 26. The past few
days have seen a cessation of the re
ports of border raids in Manchuria,
which at one time appeared to be
approaching the status of open war
fare, but there were still no signs
Monday night of any approach to
reopening negotiations on the Chi
nese eastern railway dispute.
When you want a Radio, you want Both China and Russia are show
it "right now." You do not want 'Sf hf 1 5fLuct?P? Zlf.H
to have to "tune her in." You want 0f their respective opponents. For-
it ready to act at once. eign Minister T. C. Wang, at Nan
kins in an interview, said that his
EjVGI? ReadV government resolutely refused to re-
a3 a preliminary to negotiations in
the face of continued ample proofs
see them at the implement of the persistence of soviet propa-
Hear them and know how sanda. He expressed willingness.
however, to aahere to terms 01 xne
railway agreement of 1924 which
provided for joint direction of the
railway by Chinese and Russians.
Otherwise no fresh developments
were reported.
Saturday Will
Magizan
Old
Be
Day!
2k
Five hundred votes will be given or
each pound o old magazines brought
In Saturday 1 you have seme old
magazines which are no good to you,
either bring them in yourself, or, i
you will call your favorite candidate,
she, or he will he glad to call for them.
All magazines must be tied up in bun
dles, with a heavy string or piece o
wire. Catalogs will be counted the
same as magazines.
Specials for this
HeeM
Radio
There is none to
Come
store.
well they work.
excell them.
See us for whatever you may
need in Machinery, Repairs,
Stoves, Implements and Har
ness. At your service
W. H. Puis
Quite a number are attending the
Legion and Legion Auxiliary conven
tions at Hastings. The conventions
Dealer in Hardware, Supplies and day with the election of officers and
John Deere Implements delegates to the national convention
Phone 33 Plattsmouth. Keb. at Louisville, Ky., next month.
Each one o the three stores who are
sponsoring this contest and Harvest
Carnival are oering many wonder
ul bargains or Saturday, as well as
all o the remainder o the week.
See the Show windows at Wescott's
The Ladies Toggery and Bates Book
Store -
Ail o these windows are cram
med jammed ull o wonderful bar
gains, many o them worth three and
our times the special price at which
they will be sold. It would take an
advertisement as large as this whole
paper to list and describe all o these
big specials, and or this reason we
ask you to see them in these six win
dows. Your choice o any articles
CO) Co)
F(o)(o)
Wednesday's 8S cent day went over
so big that we are continuing it thru
out the remainder o the week. Many
new and extraordinary items have
been added to take the place o those
entirely sold out.
See big Special Program at Parmele
Theatre on this page-