Plattsmouth weekly journal. (Plattsmouth, Neb.) 1881-1901, January 11, 1894, Image 1
ft. THE III 4 M vitt riYir WEEKLY RIAL a a k r n 1 . f mi 1? JOU R I L Li ILL DM. 111 "BE JUST AND FEAR NOT." VOL. 13, SO. 3. PLATTSMOUTH. NEBRASKA, THURSDAY, JANUARY 11, 1894. $1.00 IF ?EPx ?SSce. i i t ! I i MR. MEEKER RESISTS The Greenwood Bank Commences Suit to Retain County Funds. BAD ON LOAN ASSOCIATIONS. 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 void. 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 limitations 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 schools. 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 follows: 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. HE CARRIED A SAW. Close Guarding Alone Prevented Harry Hill's Escape. THE GENUINE STEEL ARTICLE. 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 erfotmea. 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. ABOUND THE CO CRT ROOMS. DISTRICT COURT. 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. JUSTICE AECHEB'S COURT. 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. -COURT BOOM NOTES. - 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." IX AND AROUND THE TOWN. THAT EXORBITANT (?) FEE 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 LOOK OUT FOR THE SHARPER. 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 wound. 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 mouth. Tice President P. H. Meisinger, Cedar Creek. Secretary J. P. Falter, Platts mouth. Treasurer Anton Scbaefer, Cedar Creek. 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 mouth. 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. HE TOOK LAUDANUM John Ritchie, an Old Settler, Unsuc cessfully Attempts Suicide. AN OVERDOSE SAVES HIS LIFE. 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 & Kuntzmann. 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.