Plattsmouth weekly journal. (Plattsmouth, Neb.) 1881-1901, May 24, 1894, Image 1

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VOL. 13, 10. 22. PLATTSMOUTH, NEBRASKA, THURSDAY, MAY 24, 1894. $1.00 v??ij&22rc.
County Judge Eamscy Decides the
Fifth Ward Contest Case.
How They Are Magnified and Spread by
Idle Goattips Andrew Factor tu
joylnc a Rank In the County
Jail "ote, etc.
Decided In Tutt'a Favor,
County Judge Kamsey banded down
an opinion on Monday in the Tutt
Hawkins counciltnanic contest case.
It was in favor of the contestant, Mr.
Tutt. In Lis finding tbe judge goes to
considerable length to show tbe cor
rectness of bis ruling, and after quoting
certain parts of tbe testimony wbicb
clearly went to prove that llawkins
considered himself prior to election a
candidate for tbe long term, he con
cludes bis finding as follows:
Tbe court therefore specially finds
from tbe pleadings in said cause and
from all evidence adduced in support
1. That Wm. Slater aDd George C.
Hawkins were candidates at said elec
tion for councilmen in said ward for
the full term of two years, on different
2. That Edwin Bates and John 1).
Tutt were candidates in said ward to
fill a vacancy, on different tickets.
3. That tbe contestee herein, the
said George C. Hawkins, as shown by
tbe face of tbe ballots on recount
thereof, was not a candidate for and
received no votes for councilman to
fill vacancy in said ward.
4. That the election board of said
ward accredited to each, Edwin Bates
and J. 1). Tutt, three more votes than
they were entitled to under the law,
each of said three votes having been
cast for both said candidates for coun
cilman to fill vacancy in said ward.
5. The deducting' Baid three votes
bo counted as aforesaid the vote should
be and is hereby declared to be as fol
lows: Edwin Bate (to fill vacancy) 23
J. D. Tutt I to fill vacancy) 37
6. That said John D. Tutt, the con
testant, received a majority of fourteen
votes over bis competitor, tbe said
Edwin Bates, for councilman to till
vacancy in tbe Fifth ward of the city
of Hattsmouth on April 3rd,
and is therefore entitled to a certificate
of election to said office.
7. The court finds all issues in favor
of contestant and against contestee.
Wherefore, it is here now considered
and adjudged by tbe court that the George O. iiawkins. r.r
and incumbent, forthwith deliver over
to said John D. Tutt. contestant, tbe
use, possession and enjoyment of said
ollice, and all books, papers and furni
ture appertaining to the same and al
low said John I. Tutt to have f till pos
session thereof without let or hin
drance thereto on tbe part of tbe said
George O. Hawkins or any other per
son or persons actine under or for said
incumbent and that the said George
C. Hawkins pay the costs of this pro
ceeding, for which judgment is
awarded, t all of which findings and
judgment coutestee excepts. By the
court. B. 8. Ramsky,
County Judge.
The costs will amount to some $-50.
The contestee's attorney.A. J.Graves,
intimates that an appeal from Judge
Ramsey's holding will be prosecuted,
but in case such action is taken, Mr.
Hawkins must furnish bonds in an
amount covering the court costs and
the salary which he will draw from the
city within a period of six months.
"With justice and tbe county judge's
decision on Mr. Tutt's side, public
opinion is that Mr. Hawkins' had beBt
step down and turn over the seat to
Mr. Tutt.
o Sniall-I'ox In Flattmonth.
Ever since the small-pox epidemic
was reported from Pacific Junction
rumors of supposed cases in this city
have been floating around and Monday
morning such reports were prevalent.
An investigation of every one of these
"supposed" or "reported" cases de
velops the fact that such suppositions
or reports are entirely without founda
tion. There is no small-pox in Platts
moutb at the present time, and there
has not been a case here for several
years. An instance of the flimsy source
of the rumors that have been floating
around town came to our notice on
Monday. It was reported that a new
case had made its appearance at the
bnmeof Biley Elegeover at Bethlehem.
This report has not been confirmed,
and may possibly be without founda
tion. But it furnished a basis for a -port
that there was a case at tbe Ilo'tel
ltiley, someone with a sensational turn
of mind having misunderstood or be
come confused in tbe names.
Many people fear that in case l'latts
mouth does develop a case the news
papers) wilt smother tbe facts and keep
tbem from the public, for the reason
that such reports would injure our
business interests. But our readers
can rest assured that when a case is
reported by any physician the news
will be published, and all reports that
are not confirmed by physicians or
registered at the clerk's office may be
considered as entirely without founda
tion. Andrew I. In Jail.
Andrew Factor, who was indicted
by the grand jury in company with
Herman D. Crook er, for obtaining
money under false pretenses in con
nection with the sale of a patent right
ou a washing machine, is now an in
mate of tbe county jail. Since tbe
finding of tbe indictment Factor has
been keeping out of the way of the
officers, according to th sheriff, but
was finally located at South Omaha
and brought back to this city and
lodged in jail. Unless he can furnish
bonds be will lay in jail until bis case
is called at the September term of dis
trict court.
Judge Chapman's leci.lon.
The decision of Judge Chapman in
the Bonacum-Corbett case,where a mo
tion was made to vacate injunction,
was filed with the clerk of the district
court of Otoe county at .Nebraska City
Friday. In brief it is as follows:
"The pleadings present a sharp and
distinct issue of fact, a determination
of which will require an examination
of the discipline and canons of the
Catholic church as well as the evidence
upon tbe question as to whether the
complaining bishop agreed with his
superiors to suspend his authority over
the defendant. The bishop's right and
title to the parish or mission property
is not disputed, neither his right or
power to remove a priest in his diocese.
Father Corbett claims he was not law
fully removed. Upon the legal qaes
tion argued on this motion touching
the jurisdiction of the court I am satis
fied, from an examination of the case
cited and the law of the case, that this
action comes within the rule author
izing civil tribunals to inquire whether
or not civil rights are denied the indi
vidual. While it is the duty of couits
of law to avoid if possible the assump
tion of jurisdiction when questions ec
clesiastical or spiritual are alone in
volved, yet they find from experience
that no fixed rule can safely be estab
lished wbicb will enable tbem in all
cases to do so. He denies the ruling
asked for by the defendant and says
the authorities are all favor of the
iuri',i'tio r tne civil courts in such
cases, for when civil rights are ab
ridged or denied the law or the land
are above and superior to all ecclesias
tical tribunals. The part of the in
junction forbidding tlie defendant to
occupy the parsonage at Palmyra is
modified. The case will be tried on
its merits at Nebraska City on J une G."
Thinks Flattsiuoath Is in Hanger.
The Glenwood Opinion says: "A
certain Plattsmoutii paper has been
publishing the fact that the small pox
exists in Glenwood. This is in every
sense false. Tbe nearest point of dan
ger is the one only a few miles from
Plattsmouth, and as a free ferry goes
to that. village, they are in great dan
ger. Glenwood has taken every pre
caution and there is not the slightest
prospects of any case here, more tban
in any community in Iowa."
The Opinion should print the name
of the Plattsmouth paper that has
printed the alleged libel on their town.
Mrs. Km ma Kltter Is Dead.
The report reached this city last
night that Mrs. Emma Bitter, wife of
J. L. Bitter, had died at her home in
Washington, D. C.,at six o'clock yes
terday morning.
Mrs. Ritter was a resident of Platts
mouth for many years, and bad many
acquaintances in this city. She was a
daughter of Mr. and Mrs.S. S. Ilinkle,
and her brothers, Sam and Charles,
are now living at Havelock.
Walt Seeley, that well-known cor
poration capper and fence-repairer for
corrupt, office-seeking republicans,
came down today from the state cap
ital to partake of some of tbe pure
ozone in this locality. Tbe last time
Seeley was in town he was laboring
against tbe renomination of Judge
Maxwell. Today it was understood he
was fixing fences for tbe hickory
waisted statesman from Nemaha
John Li. Minor, of North Platte, is a
candidate for the receivership of tbe
land office at Alliance, and his can
didacy bears the endorsement of U. S.
Marshal White, J. B. Sbeehan, of the
state centra! committee, and a number
of citizens of Cass county. Thk
Journal hopes that John will knock
the persimmon.
Dr. Marshall, DENTIST Fitzger
ald block.
A Consensus of Opinions As To the
Tutt-Hawkins Contest.
A Fair of Africans Choose Had Weapons
to Kettle Their IHflerences Frank
Conrsey Lands a Monster
PikeOther Notes.
A representative of The Joukxal
took an hour off yesterday afternoon
and busied himself in interviewing
leading republicans about the town as
to their opinions of County Judge
Ramsey's decision in the Tutt-Hawk
ins contest case, in which tbe judge
decided in favor of Mr. Tutt. It was
in view of the fact that because the
contestant, Mr. Tutt, was tbe demo
cratic nominee for tbe short term
councilmanic seat in litigation, that
it might be claimed that the judge's
decision was made from a partisan
standpoint, which led The Journal
man to go the rounds. None were ap
pioached except republicans. Two or
three were non-committal, two held
for Mr. Hawkins and three held for
Mr. Tutt but supplemented their re
marks with the statement that they
were not for "publication." Here is
what the different gentlemen have to
J. W. Johnson "I really know lit
tie as to the purported facts in the
case, but from the information at
hand it certainly seems to me that Mr.
Tutt is entitled to tbe seat."
O. II. Snyder "As to the Nebraska
election lawB I cannot lay claim to be
ing well posted, yet it is my honest be
lief that Mr. Tutt was fairly elected."
Joe Klein "Judge Ramsey's deci
sion is in exact accord with my theory
of tbe case. When the question first
arose I took tbe same view, and tbe
decision confirms my views entirely
In my judgment there can be no ques
tiou of Mr. Tutt's right to the seat.""
Frank Dickson "Not professing to
be a lawyer, I would not attempt to
give a legal opinion, but from my con
struction of tbe statutes it appears
quite clear that Judge Ramsey's deci
sion in favor of Mr. Tutt was a just
R. It. Windhano "Yes, I read the
decision in last night's Journal, and
it is in exact harmony with my view
of tbe question. To me it is plain that
Mr. Tutt was elected."
It. I). Bennett "I have maintained
since election day that Mr. Tutt was
entitled to the short term Seat in tbe
council from the Fifth ward, instead
of Mr. Hawkins, and Judge Ramsey's
decision in favor of Mr. Tutt does sim
ple justice to tbe latter gentleman."
S. A. Davis "As a matter of fact,
I have given tbe question very little
thought. However, I have confidence
enough in Judge Ramsey's sense of
fairness to believe that Mr. Tutt is
entitled to tbe seat in accordance with
the judge's decree."
A. N. Sullivan "As to the facts I
am not well-informed, nor bave I
critically studied the law points in
volved, but when two men are opposed
as candidates for a short term seat in
the council, as were Messrs. Tutt and
Bates, a candidate for the long term
seat, as in Mr. Hawkins' case, cannot
step in and claim an election to the
short term. The decision to me cer
tainly appears as the only one which
Judge Ramsey could justly render."
lioth Wanted Itlood.
Geo. Walker, a young colored man,
caused a warrant to be issued from
police court yesterday afternoon
for tbe arrest of Richard Framp
ton. also colored. It appear
that the two men met at Thomas' meat
market yesterday afternoon, when
Walker made a demand on Frampton
for a gun belonging to tbe elder Wal
ker. Frampton would not recognize
tbe demand unless accompanied by a
written order from the owner of the
gun. Tbe pair then argued the case
and finally became exceedingly hostile
toward one another, so much so that
one grabbed up an ax and tbe other
armed himself with a butcher's cleaver,
and for a few minutes it looked like a
job for the coroner. Marshal Grace
arrested Frampton at tbe depot at
four o'clock this afternoon.
A Seven Found Fike.
The members of an Omaha wheel
club spent a day at Ea Platte last
week, equipped with all the modern
fishing paraphernalia, including lance
wood rods with silver mountings, fish
baskets, tbe latest in flies and all col-
Our Bed Letter Dav
Has determined to Sacrifice his Stock of Merchandise,
REGARDLESS OF VALUE. Read this list carefully.
The prices quoted are Bona-Fide and will Save You
Fifty Cents on Every Dollar:
5 ' V o o o-v.
St g g J .- ?
Z : : -5 ? : r : :
V- J; &
Clothing, Furnishings, Hats, Caps, Boots or Shoes
Until you have seen this great Sacrifice Sale.
ors of bait. The club returned home
in the evening without any fish, and
in their opinion fishing at La Platte
is an unknown quantity. Yesterday
afternoon our f ellow-townsman,Frank
Coursey, accompanied by a five cent
line and a cane pole, happened up to
La Platte. Without using any judg
ment whatever in selecting a "likely"
place, he cast in bis hook and pulled
out a pike measuring twenty-nine
inches long and weighing seven
pounds. The fish was on exhibition
at the apartments of the "Sundown
Club" last night and created a gen
uine panic among the members, caus
ing one of tbem to overlook a mlt of
"three hundred penuchle." A spirited
controversy arose, whether the fish
was a pike or a pickerel, and the
nestor of the club who has caught
everything from a minnow to a whale
decided that it was a pike, and it
was so entered on the log-book of the
club. It was certainly the finest
specimen of game fish that has ever
been taken from tbe waters in this
Major Wheeler's Opinion.
Judee Ramsey received a letter from
Major D. II. Wheeler this morning,
commenting on the judge's decision in
tbe Tutt-Uawkins contest case. Mr.
Wheeler is a member of the city coun
cil of Omaha, and is a staunch repub
lican, therefore his opinion of the de
cision will be read with interest. Tbe
letter is as follows:
Omaha, Neb.. May 2t IBM. (
Hon. B. S. Ramsey, Plattsmouth :
Dear Sir I have just read In turn Jocbkal a
report of your decision In, tbe Tutt Hawklm
cou test case. Under our present statute I can
not see bow you could come to any other con
clusion tban you did. I think It correct and In
strict conl ortuity with the law and the wlahea
of tte parties placing these men In nomination.
Very truly, etc., Dasiti. H. Wsucltb.
House-Cleaning and
New Furniture
Nature supplies the first, the Busy Housewife must attend g
the second, but for the last,
PEARLMAN has the Stock, his Prices are Right and
Sure to Suit. If you want anything in the way of NEW
FURNITURE, for either Parlor, Bed Room, Dining Room
or Kitchen, PEARLMAN has it at the Lowest Price.
PEARLMAN, The House Furnisher.
One of those thin planks on the
Platte river bridge gave away last
Saturday and a valuable horse belong
ing to a Sarpy county farmer came
nearbeingruined. Its leg was skinned
from the hock joint down and its hoof
was broken loose. This is the bridge
which our board of commissioners ex
amined not two weeks ago and re
ported in good condition. A. good
sized damage suit may bring them to
their senses. Louisville Courier-Journal.
Is the Careful
Buyer's Refuge. $
This section of the county was
visited by a slight frost Friday night,
which did considerable damage to
gardens and trnck patches, especially
in the low lands. Potatoes, beans, to
matoes and in fact all vegetables suf
fered more or less from the effects of
the frost. Reports from the county
are very meagre, but as far as heard
from grapes and small fruits were
nipped in certain localities.
See Brown and save money this year
on your wall paper, paints and oils.