Plattsmouth weekly journal. (Plattsmouth, Neb.) 1881-1901, January 11, 1894, Image 1

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The Greenwood Bank Commences
Suit to Retain County Funds.
Judge Chapman Makes a Ruling Which,
If Sustained by the Supreme Court,
May Play Havoc With Loan
Association. Notre .
The question of making the Bank of
Commerce of Louisville the place of
deposit for the county funds, in ac
cordance with the acceptance of that
institution's bid by County Treasurer
Eickboff, will be opposed in the courts.
The First National bank of Green
wood will furnish the opposition. N.
H. Mekrr of the Greenwood bank
avers that the county treasurer took
snap judgment and let the contract
before the time agreed upon between
the treasurer and himself. Meeker
says that the contract was not to be
let until Tuesday noon. On Monday
he was in the city and left with the
treasurer a sealed offer, stating that if
he was not here by Tuesday noon, the
seal was to be broken and the offer
used as his bid. Meeker came to town
Tuesday at noon, at the appointed
time, but a diligent search failed to un
earth the treasmer, although the lat
ter was in the city. The Gieen wood
bank representative insists that
Mr. Eickhoff puiposely concealed
himself. In the meantime Meeker
had learned to his surprise that the bids
u-iii untmeri Monday afternoon and
i0i ' the contract let to the Louisville bank
t whose bid was 4.55 per cent the
highest presented. He states that he
came Tuesday to make a better offer
than his f ormer one. which was onh
five-hundredths of a per cent underthe
Louisville bank Before departing
Tuesda afternoon, however, he filed
w'th the countv commissioners a bid
offering to pay 6 per cent for a re-
newalof the contract with his bank.
; 4 Mr. Meeker returned from Greenwood
f yesterday and in the afternoon
J ' Lawyer Byron Clark, on behalf of Mr
"J Meeker's bank appeared before Judge
V Chapman and asked for an order res-
. rrainincr the Ronntv treasurer from re
moving the funds from the Greenwood
5 bank and also hied a p-tition asking
that the contract made between the
treasurer and theLouisvi'.le bank be an
nulled. Judge Chapman granted the
retraining order, but required the
furnishing of a bond for $100,000. The
. bond was speedily furnished with John
S Fitzgerald of Lincoln as surety, ano
the court fixed the date for the hear-
iug on Monday morning of next week.
Against the Loan Association.
District Judge Chapman has handed
dowB an opinion in the well-known
foreclosure suit of the Livingston
Loan and Buildin association vs. W.
W. Drummond, which, if sustained by
the state supreme court, may prove
rather damaging to the many Ne
braska loan and building nocieties w ho
loan money on the plan of letting it
out to the highest bidder. In the suit
in question the " local association
sought to foreclose on the defendant's
residence property in this city to en
force the payment of a mortgage given
to secure a loan of 82,000. The evi
dence disclosed that the defendant se-j
cured only $1,640 from the association,
the remaining S360 going to the associ
ation as a premium secured through
the system of bidding for the money.
This the court held was usurious and
the amount found to be due the asso
ciation was $1,640 with interest. Of
this um the defendant bad paid
8S47 73 as inteiest, fines penalties and
assessm nts. leaving a balance of
$792.27. This latter sum the court
held was still due the association,
with interrst from the date of the last
payment made by the defendant until
the first day of the present term of
district court. The association has
given notice that the case will be ap
pealed t the supreme court, and the
final decision will be awaited wilh
more than ordinary interest. In the
proceedings before Judge Chapman
the loan a-sociation was represented
Matthe Geting and the defendant by
E. H. Wooley.
The (u-asfca City News proceeds
to call down the Vine stitet Herald
for the claim which the latter made in
be ne the most aged and poorpst paper
in Nebraska As a matter of fact, the
News :s several years older than the
Herald, but as to its being any poorer.
we doubt very much it such a thing
could be possible.
Supreme Court Decision.
The supreme court laBt Friday ren
dered a decision in the case of Welton
vs. Dickson, an appeal from Lancaster
county. This case is of more than
ordinary importance and involves sev
eral law pointB, in which sections 47,
48, 49, 50, 51 and 52 of chapter lxxviii,
compiled statutes, 1S93, authorizing
the taking of private property for pri
vate use, the roads therein mentioned
being essentially private and beyond
the public control and said sections
are therefore unconstitutional and
The facts in this case are that
Aaron C. Loder of Greenwood owns a
piece of land in Lancaster county
which is entirely surrounded by prop
erty owned by other parties, and has
no way of reaching a public highway
without crossing bis neighbors' land,
and sought to have a road opened.
The decision of the supreme court ren
ders Loder's possessions valueless un
less he can purchase an outlet for him
self from his neighbois, or get on and
off his farm by the balloon route.
In the case of Alexander vs. Shaffer,
appealed from our district court, a
suit to foreclose a tax lien, the su
preme court affirmed the decision of
the lower court as follows:
A brought suit against B and others
to foreclose tax liens. B in 1891 an
swered, averring that she had pur
chased portions of the premises in con
troversy in 1870 and in 1S71 for taxes,
the last payment being made in 1674.
and asking that her title, interest and
claim be decreed superior to A'b. Held,
first, that treating the answer as set
ting up title in B under the tax deeds
issued thereunder it failed to state any
defense against A's petition to fore
close liens for subsequeut taxes; and.
second, viewed as an assertion of tax
liens, they appeared on the face of the
answer to be barred by the statute ol
2. An action to foreclose tax lien?
must be brought within five years aftei
the expiration of he time to redeem.
3. When land has been sold for
taxes and a suit to foreclose the lien
therefor is not instituted within five
y: rs from the expiration of the time
to redeem the lien is extinguished and
ceases to be a charge upon the land.
The statute in that respect does not
merely operate to defeat tberemedv.
but limits the duration of the lien itself.
4. The holder of tax certificates,
while lien is barred by the statute of
limitations, has no equity as against
the holder of subsequent tax liens
whereby he can require such subsequent
lien or to discharge the barred liens or
admit their priority as a condition for
foreclosing his own.
Donations to Charity.
We give below a list of those who
have so generously contributed to the
needs of the poor through the agenc
of the associated charities. Many
others have helped whose names we
have failed to record, but the follow
ing will serve to shw that our best
people are interested in this work: F.
S. White, E. G. Dovey & Son.F. .
White. F G. Fricke, Richard Horsley,
W. B. Roberts, A Spangler. D. F.
Kiser. Wm. Mertens, Geo. S. Ruby.
Mrs. Johnson, S. A- Davis. Jno. F.
Buck, Ike Dunn, Coon Heisel, Neis
Agaard, C. E. Wescott, C. -ahl, H. J.
Streight, J - C. Petersen, Oxford Danc
ing club, Hatt & Otto, Oliver &
Ramge, Gus Heinrichs, T. J. Thomas.
Ilemple Bros., Mrs. Joe Kline, O. M.
Streight, H. Bceck. Joe Fetzer. Jno.
Ilenshaw, Mamie Petee. Ben Elson,
Mrs J.N Wise, W. F. Hamilton, J.
N. Summers, O. II. Snyder, F. Mc
Court. J. W. Bridge, Mrs M. A. Pat
terson, C II. Parmele. Mrs. Elsie
Moore, A. D- Eigenbroadt, W. D
Jones. Frank Richey, Jno. Coleman.
A.B Todd, C O. Parmele. J. T. Baird.
D. O Dwyer, Mrs. R. R Livingston.
L. D. Bennett, Plattsmouth city
Fire Record For 93.
D. C. Morgan, secretary of 'he city
fire department, has handed to City
Clerk Fox the record of fires occurring
within the corporate limit? of the city
during the year 1893 The report is as
Number of fires .... S
Total 'lamages sustained $3,235.00
Total Insurance paid on same 2 100 00
The greatest loss sustained was in
the Spies cigar factory fire. All told
the losses sustained by fire is slight
as compared to 1862.
The ladies ot the Cottonwood church
wiil give an oyster supper in D. S.
Drapers new store at Mynard, Wednes
day evening, Dec 17. for the benefit
of the minister- AH are invited to at
tend. -- Marshall. DE:TT.-'T Fitzeer
, aid block.
Close Guarding Alone Prevented
Harry Hill's Escape.
Hill Surrendered It at the Time of Ills
Baptism K-tiring County Officials
Are Remembered Other Lo
cal Dots and Dashes.
Hill Had a Saw.
It has developed that the case knife
which Murderer Harry Hill banded
over to FaU er Carney at the time of
his bnptism, Wednesday morning, was
not the only implement which he had
in his possession. Hill also bad a
small steel saw, and had he not been
so closely guarded, could have cut
his way out of the big eel
at the county jail with but
little trouble. ne gave the
saw, along with the knife, to Father
Carney. He had it concealed in the
lining of his shoe, and it was hidden
so completely that neither the jail
officials of this or Douglas county suc
ceeded in unearthing it. Everything
goes to show that the man will war
ratit the closest kind of watching.
Retiring Officers Remembered.
The several county officials who re
tired J rom office Tnuisday were sum
moned to the district court room last
Friday and in the presence of J ude
Chapman, their successors, tbe mem
bers of the Cass county bar and a few
spectators, were each made the re
cipient ot a present, given as a token
f the appreciation and esteem iu
which they are held for the excellent
manner in which their duties were
Ex-Commissioner Jacob Tritsch, ex
Register of Deeds C- C. Parmele, ex
Deputy Sheriff John Tighe and ex
Coroner Unruh were each presented
with a gold-headed cane, ex-Sheriff
Wm. Tighe and ex-Superintendent
Noble were the recipients
of a finely-upholstered rocker, and
Miss Maggie O'Rourk, late deputy
for the register of deeds, was pre
sented with an elegantly-bound book
aud a gold peii. The presentation
speeches were made by County Judge
Ramsey and Attorneys II. D. Travis,
. N. Sullivan, Matthew Geriug, D.
O. Dwyer, J. L. Root and R. B. Wind
ham, while the presents were given on
oehalf of Judge Chapman, the sur
viving county officers and the county
bar. It was a pleasant scene and will
be long remembered by those partici
pating in it.
Caught the Culprit.
Warden Beemer of the state peni
tentiary believes that he has at last,
after many weeks of watching, located
the convict who has started the fires
in the workshops during the past two
or three months. The man is named
Miller and he was sent up from Doug
las county about two years ago for a
term of three years for burglary com
mitted in Omaha. Ever since the
disastrous fire last fall the warden has
Kept a close watch upon the men.
Several weeks ago a second fire was
started in the cooper shop just as the
men were quitting work for the night.
At that time an effort was made to
locate the man who started the blaze,
but it was unsuccessful. Tuesday
night another fire was started, this
time also in the cooper shop. Justus
the uimi were marching out of the shop
to the cell house Miller was seen to
light a fuse and drop it iu a pile of rub
bish. He had evidently calculated
that the fuse would burn loug enough
to permit the men and their guards to
get out of the shop before the fire was
discovered. In this, however, he was
mistaken, for the warden had set a
man to watch for jusi such amove.
Miller was at once placed in close con
finement. He is now believed to be
the man who st-trted the fire in the
foundry last fall, which resulted in the
destruction of the workshops occupied
by the Western Manufacturing com
pany and other concerns. Miller's
term of imprisonment expires next
August, and on his release be will be
arraigned on the charge of arson.
Tom Martin, a colored tough at Ne
braska City, is held in the Otoe county
jnil to answer to the charge of assault
with intent to kill. At midnight Mon
day he got into an altercation with
Robert Roberts, a white boy r.ged
eighteen, and ended by sticking a
knife between R iberts' ribs. The
wound is not dangerous.
The action of I. Oberfelder vs. C. S
Dawson was dismissed in district
court at the plaintiff's costs.
W. J. Barr vs. Elizabeth T. Barr is
the title of a divorce suit filed in dis
trict court Thursday. The plaintiff
asks for a legal separation on the
gronnd of desertion.
In the suit of Joe Klein vs. the
Western Assurance company of To'
ronto, Canada, wherein the insurance
company moved to set aeide the judg
ment accorded Mr. Klein by default.
Judge Chapman ruled Tuesday that
the case could not be reopened and the
judgment must Eitand. Mr. Klein's
judgment was for 52 000 due him on
unpaid insurance. The company will
take an appeal to the supreme court
About one year ago Samuel Hatha
way and Albert N. Sullivan secured a
writ of ejectment against Wm. Leyda,
causing bim to remove from a farm
owned and leased by plaintiffs. Since
that time the premises have been oc
cupied by Hargraves. Some time ago
Leyda secured an injunction restrain
ing Hargraves from using some corn
which wall on the premises. A motion
to dissolve the injunction was argued
before Judge Chapman Friday. W. C.
Sloan of Nebraska City appeared as
counsel for Hargraves.
Until several months ago William
B. Essick was agent for the Missouri
Pacific at Manley. which position he
had held for three or four years. Af
ter he and the railway company dis
solved partnership Essick commenced
an action in the district court to re
cover $3,451 40 for working over-time.
under the provisions of the eight-hour
law. Now comes the defendant com-
panv and asks to have the case re
moved,. Judge Dundy's U. S. court
for hear:rg, which motion was taken
under advisement by Judge Chapman.
Mel Jean and Lee Leighton were
called into police court on Monday for
engaging in a fistic encounter in which
Jean figured largelyas receiver general,
and both contributed to the city ex
chequer in the sum of $10.
- Theqantion of turning the Hotel
Morton property of Nebraska City over
to a receiver will come up before Judge
Chapman in this city on Saturday next.
Sheriff Eikenbary has accepted the
resignations of II. A. Booth and Dan
Coffey as guards over Harry Hill at the
county jail, and in the future the
sheriff's son, Irimer, and Deputy
Sheriff Harvey Ilolloway will take
care of the prisoner.
The county commissioners and Sher
iff Eikenbary inspected the county
jail last Friday and as a consequence
the place was un dergoing a thorough
renovation and fumigation thdt after
noon. During the time the prisoners,
including Harry Hill, were confined in
a room at the court house.
The county commissioners were in
session on Tuesday and instructed
County Clerk Dickson to notify county
physicians that bids for the perform
ance of medical services for the county
would be received, opened and the
contract let on Feb. 8. The contract
for the printing of the court docket,
road notices and treasurer's state
ments will also be let on the samedate-
Kettled and Dismissed.
Tbd Walstow will tangle, which has
been in the cours for the past several
months, has been settled to the satis
faction of the opposine factions. The
costs which had already ac
crued in carrying on the legal fight
amounted to over $400, and the op
posing attorneys wisely concluded
that it were best to get together and
agree to a settlement before the entire
estate was swamped. Such was done
Tuesday, and by the agreement the
cases in the district court were dis
missed and County Judge Ramsey was
directed to settl? up the affairs. The
court costs are to be paid by the estate
and 8225 are given to Wm. Carroll and
wife of Rock Bluff-. The rest of the
property, the value of which is scarcely
over S600. goes to the two heirs in
England. The total value of the es
tate is less than $1,500, yet its settle
ment has developed one of the liveliest
legal tussles in the history of Cass
county's probate court.
The editor of the South liend Times
is a minister, but we can hardly vouch
for tbe follows: "A Greenwood far
mer weaned a calf too young, and the
poor, inrocent brute, in attempting to
suck its tail turned itself wrong side
out, and made the butcher swear when
be attempted to skin it."
The court allowed Matt Gering$400
for attorney fees in defending the
murderers of Matt Akesoa. It causes
us to sigh to think we're not a lawyer
instead of a poor, uncompensated
country editor. But then this is not a
big fee, considering the profession.
Elmwood Echo
A smart, smooth scalawag is travel
ing about the country pretending to
repair pianos and organs. He takes
the job of putting the organ or piano
in first-class order for $5, or if the
owner object? to that price he will take
less rather than lose the job. He goes
to work apparently is a business-like
manner, and after fooling with the in
strument an hour or two pronounces it
all right, collects bis pay and departs;
not. however, until he tells the owner
of the instrument not to use it for at
least a half a day as he has UBed glue
in making the repairs, and it must
have time to get hard. This is only a
ruse, of course, to give him time to get
away a safe distance before the owner
discovers by using it that the instru
ment is in the same condition as be
fore the stranger bad touched it.
Safe breakers at Ponca looted the
postoffice Monday night and walked
off with 842 in stamps and 813 in coin.
Editor Henry Huckins. of Nebraska
City, who was arrested on the charge
of criminal libel, on a warrant sworn
out by Mayor Bartling, had his hear
ing before Judge White Tuesday
morning, and was bound over to the
district court in the sum of $400.
While Officer Gus Warner of Ne
braska City was reading a warrant to
George Tolle for the latttr's arrest on
the charge of carrying concealed
weapons Tuesday Tolle started to
run. Warner aiscnargea ms revolver
in the ground to frighten the fleeing
prisoner, and the bullet glanced, strik
ing Tolle in the fleshy part of the leg,
making a painful, but not dangerous
The second ann ual masquerade of the
Sokol society will be held at the West
End opera house on Saturday evening,
Jan. 13. No effort will be "pared to
make the event a pleasant success.
Farmers' Insurance Company Officers.
The stockholders of the Farmers'
Mutual Insurance company of Cass
county held their annual meeting on
Saturday last in Eight Mile Grove
precinct, and the following officers
were elected to Berve during the pres
ent year:
President Jacob Tritsch, Platts
Tice President P. H. Meisinger,
Cedar Creek.
Secretary J. P. Falter, Platts
Treasurer Anton Scbaefer, Cedar
Directors C. F. Lau, South Bend;
G. W. Stohlmann, Manley; J. G Han
sen, Nehawka; H. J. Miller, Cedar
Creek; J. M. Meisinger, Plattsmouth;
John Albert, Cedar Creek; Henry
Horn, Plattsmouth.
Committee for adjusting losses J.
M. Meisinger. Plattsmouth; John Al
bert, Cedar Creek; Henry Horn, Platts
The secretary's statement showed
that 197 policies were in force, the
total amount of which was 8200,629.
The company sustained but one loss
during the year '93, and the total ex
pense, including the loss, for the year
was $90.35. .
The Burlington's November Earnings.
The Burlington statemeLt for No
vember has just been made public.
The statement includes the business
of eleven months of 1893. For the
single month the freight earnings de
creased 8573.000 as against last year.
There was a alight increase in passen
ger earnings, which is quite remark
able when the depression following
the fair is remembered. Notwith
standing the remarkable decrease, the
company is able to show an increase
of $30,000 in net earnings over 1892.
This was accomplished by the most
careful economy and reduction of ex
penses. A somewhat similar condi
tion of affairs is shown for the eleven
months. Altogether the statement
may be considered hopef nl. The com
pany has been able to meet its fixed
charges and have a small surplus.
This has been accomplished only by
the strictest economy. The reports
for December will probably not ma
terially change the record of the year.
D. O. Dwyer, lawyer, Plattsmouth.
John Ritchie, an Old Settler, Unsuc
cessfully Attempts Suicide.
He Planned to Suicide, But Swallowed Too
Much or tbe Deadlv Drue and
Merely Brought on a benous
Sickness Other Notes.
John Ritchie, aged S3 years and one
of Cass county's earliest settlers. made
an unsuccessful attempt to take his
life Saturday afternoon at his home in
South Park. Mr. Ritchie has been in
such feeble health for several years
past that, according to his own story , he
became tired of living. He has been
meditating over suicide for some time.
and with that end in view pro
cured a bottle of laudanum.
The old gentleman lives with
his son, Clinton, aud during the lat-
ter's absence from tbe home swallowed
a c pious amount of the deadly drug.
It was his plain intention to die. but
he took too much of the drug, the re
sult of which was to merely make him
seriously sick. When the son re
turned and learned what had trans
pired, a physician was speedily sum
moned, and no time was lost by tbe
latter to alleviate his sufferings. At
last accouuts the old gentleman was
resting easily with no prospects of the
affair having serious results.
Demise of John Kltcbie.
John Ritchie, aged 83 years and
one of the earliest of Cass county's
settlers, departed from this life at 5
o'clock yesterday morning at hit home
in South Park addition. Mr. Ritchie's
death wa" the result ot an attempt
made la. Saturday to suicide by
swallowint laudanum and which was
exclusively mentioned in The Jour
nal, columns. His effort to suicide was
a temporary failure as he swallowed
an overdose, but his health was so
badly under-mined that he was un
able to withstand the sickness attend
ant to the affair, and death came to
day. Tbe remains will be interred in
Oak Hill cemetery, but the date of the
funeral has not jet been fixed.
Aurora Court Bouse Burned.
The court house at Aurora. Hamil
ton county, was totally destroyed by
fire on Sunday morning at about three
o'clock. The building was frame and
burned very rapidly, so that it was im
possible to save it. Nothing was left
standing but the brick vault and a
small portion of the walls at one cor
ner. The records in the offices of the
county clerk, county judge and clerk
of the district court are uninjured, be
ing in fire-proof vaults. Those in tbe
offices of the county superintendent
and surveyor were in safes and it is
not known whether they are injured or
not. The origin of the fire is a myBtery
and there are various opinions and
rumors afloat. The treasurer and his
aeputy say the vault doors were prop
erly closed and locked, but they were
found open, and evidently done by an
expert or someone who knew the com
bination. All the records in the treas
urer's office are destroyed. There was
a small amount of money in the safe,
tmt there seems to have been no effort
made to open it, and tbe time lock is
still running. Whether it was an ef
fort to rob or the fire was started for
some other purpose, is the question
about which there are many conflicting
opinions. Peter Farney, the old treas
urer, turned over the office to the new
treasurer, W. J. Corner, last Thursday.
That the fire was of incendiary origin
there seems little doubt, but the motive
for it is a matter of conjecture only,
there being no apparent object.
Change or Firm.
The Boston meat market has
changed hands, Messrs. Oliver &
Ramge, the old proprietors, having
disposed of their interest to Messrs.
Sam Patterson and Carl Kuntzmanl
The new proprietors took possession
Tuesday and The Journal trusts
that they will merit a continuance of
the large patronage enjoyed by the
Boston market in tbe past. Mr. Oli
ver will apply himself to farming on
his place, southwest of town, while
Mr. Ramge will temporarily remain in
the employ of Messrs. Patterson &
Subscribers to the Weekly Jour
nal are asked to pay up their delin
quencies now. A few dollars for the
printer can be spared, probably, and
will bay lots of coal.