Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About Plattsmouth weekly journal. (Plattsmouth, Neb.) 1881-1901 | View Entire Issue (June 14, 1894)
"The Bee Hive
of the West"
Owing to our enormous sales here
we were compelled to go to market
and buy a new and complete line of
Men's Boys' and Children's Clothing.
The season being far advanced and
manufacturers desirous of unloading
their stocks we bought at our own
price the latest and newest styles and
fabrics. That is the explanation of
the following prices:
150 Boys' Reefer Summer Suits, ages
5 to 15, nothing liner made for wear
and neatness, worth 15.50 to $7.50, at
$4.25 while they last. Boys' Combina
tion Suits, with two pairs of pants and
cap to match, strictly all wool, on sale
at $3.00. A new lot of all wool Boys'
two-piece suits, in dark or light colors,
cheap at 94.50. for this sale at $1.95.
An extra value, double or single
breasted suit for $1.25. Those all wool
Jersey suits are now only $1.75. They
are hard to equal.
Any regular clothing house would
charge you $10.00 for the $3.75 Men's
Suits shown during this sale. A
Strictly all wool Victor or Cheviot suit
in different shades, at half price, $4.75.
A $15 Suit for $10. TheBe are the
elegant Clay Worsteds, in blue or
black, cutaway or sack, a beautiful
line. A $22. 50 Prince Albrt Suit
for $12.50, an excellent Sunday suit.
At $6.50 and $7.50 you can get a suit
that cannot be matched tne country
over A pair of jeans at 75c, war
ranted not to rip.
Are the index of Character.
In connection with our clothing de
partment may be found all styles in
Tourists and Hard Hats, at the lowest
prices. Gents' Straw Hats at 15c, 25c
and 50c. The latest wide-bummed
straw hats at 50c.
Remember to write us for samples
when in need of anything in the Silk
or Dress Goods line. We have over
forty different departments and you
have no wants that cannot be supplied
Leaders in Low Prices and
Mrs, J. Benson,
READ THESE PRICES
Liidies' Skirts from 75c. to $14 40.
Ladies' Waists from 50c to S.50.
Narrow Val. Laces from 15c
Butter Cream and Black Laces in
Bordou and other styles from 10c
yard to the finest quality. Our stock
is very large and no old goods on our
We make a specialty of Ribbous and
Good aualitv Gloria Silk Sun I'm
brellas from $1.00 to $5.00.
Specially low prices on Ladies' and
Chi dren's lloiseiy ana underwear.
We have many lines of Ladies' Fancy
Goods, not kept in other stores.
We are giving special prices in
In short, we make special prices in
Come in or order bv MAIL. We
will give your order prompt and care
MRS. J. BENSON.
1519 Douglas St., nearltitb.
J. W. JOIIXSOX
Capital paid in - - - - $50,000
W. Johnson. W.D. Men-lam. Win. Weten-
kamp, 1. V. Morgan, Henry Elfcenbary,
M. W. Morgan and W. H. disking.
A general banking business transacted.
tert allowed on llnie deposits.
First National Bank
Capital, paid. up.
F. E. Wbitc
John Fitzgerald. D. Hawksworth. F. E. White
S. Waugh and Geo. E. Dovey.
Careful attention given to the Interests of
customers. Collections made and promptly
remitted for. Highest market price paid for
.county warrants and state and county bonds.
It never faila Gering's Blackberry
Cordial for summer complaint.
County Judge Ramsey Decides the Weep
ing Water Councllmanic Contest
Case in His Favor.
The state of Nebraska in county court
for Cass county:
George II. Haywood, contestant,
William Marshall, contestee.
Now on this Sth day of June, A. D.
1894, it being the fifth day of the June,
A. D. 1S94, term of said court, tins
cause having been heretofore to-wit:
on June 4, A. 1). 1394, argued and sub
mitted and by consent taken under ad
visement uutil such time as the court
tnizht reach a conclusion; aud the
court, being well and fully advised in
the premise, finds generally as follows:
First. The petition, among other
things, alleges, in substance, that an
election was held in the city of Weep
ing Water for couucilman in the second
ward of said city on April 3, 1894, aud
that the contestee herein, being a
candidate for said office, received forty
three votes, and a certificate of election
was awarded him; that on and prior to
said election, said contestee was a
foreigner, a subject of Great Britain,
and not a citizen of the United States,
therefore ineligible to hold said office;
that contestee was not a tax-payer at
the time of said election, and for which
reason was disqualified to hold said of
fice. These allegations are denied in
the answer, except said election and
Second. The testimony of John
Marshall, father of contestee, taken by
contestant, shows that in 1ST0 he was
a resident and subject of Great Britain,
residing at Yorkshire; that in 1872 he
emigrated from England and settled in
Cass county, Nebraska, where he has
since resided; that he brought with him
his son, the contestee herein, then
about nine years old, and who has re
sided in Cass county, Nebraska, ever
since, and continuously, except a few
weeks when he was temporarily ab
sent. The testimony of said John
Marshall further shows that said con
testee pays taxes on certain property.
The deed record admitted in evidence
shows lot two -), block seventeen (17),
Noble Heights addition to Weeping
Water, Nebraska, to be deeded to Wil
liam and A. U. Marshall.
The evidence shows that on October
1S75, in the office of the clerk
of the district court for Cass
county, Nebraska, the said John Mar
shall, father of contestee, under oath,
and in the manner provided by law.de
clared his intention to become a citizen
of the United States. The evidence is
not conclusive (only circumstantial)
that the said John Marshall did or did
not take out final naturalization papers
prior to the time his son, the contestee
herein, attained his majority.
Two questions are presented for
solution by the pleadings and evidence:
First. Was contestee herein, at the
time of said election, a tax-payer with
in the meaning of the statutes prescrib
ing qualifications of councilmen?
Second. Was contestee, at the time
of said election, an alien and a subject
of (Jreat Britain, by reason whereof he
was ineligible to the office?
The first question seems disposed of
on tne testimony of John Marshall,
father of contestee, aud the record evi
dence of part ownership of the lot
herein before described, and the finding
must be in favor of contestee.
The second proposition is more diffi
cult of solution, as it involvesquestious
most intimately connected with our
The position of the learned and able
counsel for contestant is that John
Marshall, father of contestee, having
failed to take out his final naturaliza
tion papers prior to contestee attaining
his majority, the latter, therefore, is
still an alien and a subject of Great
Britain. Technically Bpeaking, this
may be the law, but on reference to the
now famous case of Boyd vs. the state
of Nebraska, decided by the supreme
court of the United States at the
October term, 1891, Vol. 12, "National
Reporter System," page 3S8, Chief Jus
tice Fuller uses the following language
"Clearly, minors acquire an inchoate
status by the declaration of intention
on the part of their parents. If they
attain their majority before the parent
completes his naturalization, then they
have an election to repudiate the status
which they find impressed upon them
and determine that they will accept
allegiance to some foreign potentate or
power rather than bold fast to the
citizenship which the act of the parent
has initiated for them. Ordinarily this
election is determined by application
on their own behalf, but it does not
follow that an actual equivalent may
not be accepted in lieu of a technical
Chief Justice Fuller, in the same
opinion, also says: "The statutory
provisions leave much to be desired
and the attention of congress has been
called to the condition of the laws in
reference to election of nationality and
to the desirability of a clear definition
of the status of minor children of
fathers who have declared their inten
tien to become citizens, but have failed
to perfect their naturalization, and of
the status gained by those of full age
by the declaration of intention. '
The opinion further says: "It is
true that naturalization, under the acts
of congress known as the "Naturaliza
tion Laws," cau only be completed be
fore a court, and the usual proof of
naturalization is a copy of the record
of the court. But it is equally true
that where no record of naturalization
can be produced, evidence that a per
son, having the requisite qualifications
to become a citizen, did in fact and for
a long time vote and hold office and ex
ercise rights belonging to citizens, is
sufficient to warrant a jury in interring
that he has been duly naturalized as a
The court further says: " We are of
the opinion that James E. Boyd is en
titled to claim that, if his father did
not complete his naturalization before
his son had attained his majority, the
son can not be held to have lost his
inchoate status he had acquired by
the declaration of intention, and to be
elected to have become the subject of
a foreiRu power, but, iu the conti my,
that the oaths he took and his action
as a citizen entitled him to iusist upon
the benefit of his father's act."
In the case at bar the testimony
shows that the contestee came with bis
father to Cass county, Nebraska, when
nine years old. and with the exception
of a few weeks, has continuously re
sided therein. In short, he his grown
from boyhood to manhood in the fame
county and doubtless knows no other
domicile or home.
Under the law of the United States
supreme court, herein before cited, by
the act of his father in declaring his
intention to become a citizen of the
United States, the contestee herein
acquired an inchoate status," and if
he attained his majority before his
father completed his naturalization.
would "have an election to repudiate
the status," which the act of his father
mpressed upon him, and accept alle
friance to some foreign power. But
the tesitinsony of his father shows that
that the son has resided continuously
in Cass county, Nebraska, with the ex
ception of a few weeks, ever since
coming thither with his father in 1872.
No evidence was introduced to show
that contestee had ever "elected to re
pudiate the status." Suppose that the
father of contestee had died before
perfecting his naturalization; then,
under the law, the widow and all child
ren would, by reason of such death.
have become "citizens of the United
States." McCrary on Elections, p. h4.
subdivision 7 of sec. 54.
Where no record of naturalization
can be produced, proof of voting aud
holding office is sufficient to warrant an
nfereuce ot naturalization.
Boyd vs. state of Nebraska, supra
and cases there cited.
While no testimony was offered in
the case at bar, showing that contes
tee's father had ever voted or held
office, yet, after a residence in the
county for twenty-two years, since
leaving England, and a residence of
nineteen years since declaring his in
tention in 1875, the presumption is
certainly warranted that he for years
exercised the right of suffrage, and
may also have held office. This being
presumably the f act.then under the de
cisions above cited, the father of con-
testee.even in the absence of any record
proof, must have been fully natural
ized, and thus contestee would be
eligible to the office of councilman.
When it is shown that contestee's
father, when the former was of the age
of about twelve years, declared his in
tention to become a citizen of the
United States, and no proof that said
father had not perfected his natural
ization, and that said father had re
sided continuously in Cass county for
about nineteen years, and said con
testee had resided in said county since
1872, and that no evidence that said
contestee had reuounced the inchoate
status of citizenship conferred upon
him by his father's declaration of in
tention, it is certainly fair to conclude
that naturalization of the father and
consequently that of the son, the con
testee, was perfected and completed.
Again, the language of the supreme
court, in the Boyd case, cited herein,
would seem to warraut the conclusion.
that in that case as well as the one at
bar, and in similar cases, a just and
reasonably liberal construction should
be given to our naturalization laws,
rather than i strictly technical appli
On the question of the burden of
proof in the case at bar some doubt
exists. A general rule of pleading re
quires plaintiff to prove every material
allegation in the petition.
McCrary on Elections, Sec. 294, con
tains the following:
"It seems to be quite well settled
that where one who is alien born, has
voted at an election, the law presumes
that he has been naturalized, until the
contrary is shown."
On this theory it would seem that
the burden of proof would be upon
contestant in the case at bar. The fact
that the records of the district court
for Cass county do not show that the
naturalization of John Marshall was
completed, does not preclude a pre
sumption that such may have been
done in some other coucty of the state.
and even before contestee attained his
Upon the pleadings and the evidence
and the lav as herein before cited, this
court does not feel warranted in de
ciding that the contestee herein was
not a citizen of the united States at
the time of the councilmanic election
In view of his tender age on coming
to the United States a great wrong
would be done him to decide, on mere
technicality, that, although having
spent nearly his entire life in Cass
county, he was not a citizen of the
United States, when it may be that his
father, prior to contestee's attaining
his majority, may have completed his
The court therefore specially finds
irom an the evidence in said cause
that the contestee herein was, at the
time of said election and prior thereto,
a citizen of the United States and eli
gible to hold the office of councilman
in the second ward of Weeping Water.
Wherefore it is here now considered
and adjudged that the contestee herein
go hence without delay. And it is
further considered and adjudged that
the contestee herein have and in
awarded judgment against contestant
for costs of suit taxed herein at $-
for which execution is awarded, to
all of which findings and judgment.
contestant except. By the court,
B. S. Ramsey, Judge.
AROUND THE COURT BOOMS.
County Judge Ramsey has rendered
judgment in the plaintiff's favor
in the suit of A. C. Eoder vs. Rails
back Bros, aud Spelts in the sum of
$480 with interest since last Febi uaiy.
J U STICK AKC'ilKK's COURT.
The case of Chas. Vandeventer vs.
Jones Fitzgerald, a suit on account
for hay sold and delivered, was net for
trial before Judge Archer Saturday,
but was coutiniifd until the 15th. j
Jude Archer has decided that I'hil
Green was guilty ot assault and battery
on Rev. l'arker, of Greenwood, ami
assensed a fine or $10 and costs. The
costs in the case will amount to nearly
$75. John S. Green, I'hil's father, has
been bound over to keep the peace.
Sigmund Benson, who lias been an
inmate of the county poor farm for
two years, came to town last Friday
and the county furnished him with a
new suit of clothes. While in town
someone furnished him with enough
liquor to get drunk, and he was run
in. Next morning he was fined im
dollar and costs, ami. instead of liein
compelled to lay out his fine in jail,
the officers agreed to confine him at
the county oor farm.
Dr. Marshall Fine Gold work.
liryau My Coma.
A di.ipatch to the Lincoln Journal
from Washington reads: The demo
cratic silver convention on the 21st of
this month may yet have the presence
of the Hon. William Jennings Bryan.
That gentleman has expressed the
opinion that the senate will not have
the tariff bill back to the house by June
20, as the democratic senators have
prophesied. I shall wait a few days,"
said Mr. Bryan, "and if it appears
then, as it now seems, that the house
will not be recharged with the Wilson
bill until later in the month. I shall
take advantage of the delay and run
out to Nebraska."
Dr. Marshall All kinds of fillings.
Ntiulert and ItublDHuu Found Oullty.
Oswald Shubert and Ed. Robinson,
the young men who were charged with
burglarizing a freight car in transit
between this city and Pacific Junction,
were found guilty at Glenwood and
sentenced to ten months in the Iowa
penitentiary. The bos have been
convicted of the same crime in this
county and paid the penalty by doing
time in jtil, and Matthew Gering will
appeal their case ou the grounds that
they can not be punished twice for the
Try Gei inu & Co's for cigars they
keep all kinds.
Mall 1'uk fractlcvlly Over.
The scare ot the small pox in this
locality is now practically over as the
ones art! u-ted with the dreadful malady
are now well, thought not at liberty.
All care has been taken that any
reasonable parties could want or ex
pect. Sotheiewas no chance for it
to siii ea. I in t !ns neighborhood. Citi
zens in general feel thankful for the
prompt action of the health officers of
this township in performing their duty
so elhci-ntl . I acinc .1 unction ue
conler. For summer complaint use ( terin's
Huy your Drugs at Brown's Pliarnacy.
Huy your Patent Medicines at Hrown's.
Buy your Toilet Articled at Brown's.
Buy your llnlr Brut-lies at Brown's.
Buy your Clothes Brunlies at Brown's.
Buy your Tooth Brushes at Brown's.
Buy your Wall Paper at Brown's.
Buy your Paints and oils at Brown's.
Ml) MAIN STKEET.
Wanted-Spirited young driving
horse in exchange for Plattsrnouth
real estate. Address "Driver," care
Marshall Crown and bridge
Mayor Gorder and Banker John
Donelan drove to Plattsrnouth Sunday
and back the next day. The visits to
the county seat by these gentlemen are
becoming quite frequent. But as they
cannot pay their taxes on Sunday, they
must have other business that requires
their personal attention. Weeping
Dr. Marshall Teeth on metal plates.
When traveling, always take a cake
of Johnson's Oriental boap with you;
diseases are often caught from using
hotel soap. Sold by Fricke & Co.
r.'nnHiimntlon. Bronchitis. Catarrh, and all
diseases of the respiratory organs are of like
germ origin, and It Is only lately that they have
been successtuiiy ireaieu.
in Iivi.. tnkfii h steam Inhalation. Amerl
can scientists have succeeded, where Koch and
Pasteur failed, in perfecting re tu,it v res.
For particulars addsess California Chemical
W orks, omaha, eD. la i
When Baby was sick, we gare her Castoria.
When she was a Child, she cried for Castoria,
When she became Miss, she clung to Castoria.
Whan she had Children, aha gave them CastorU.
k M 1 I I
iA It W-"
Castoria is Dr. Samuel Pitcher's prescription for Infants
and Children. It contains neither Opium, Morphine nor
other Narcotic substance. It is a harmless substitute
for Paregoric, lropsf Soothing Syrups, and Castor OU.
It is Pleasant. Its guarantee is thirty years' use by
Millions of Mothers. Castoria Is the Children's Panacea
the Mother's Friend.
"Castoria is so well adapted to children that
I recommend it as superior to any prescription
known to me." II. A. Authkb, M. L.,
Ill So. Oxford St., Brooklyn, N. Y.
" The use of ' Castoria ' U so universal and
its merits so well known that it a work
of supererogation to endorse it. Few are the
intelligent families who do not keep Castoria
within easy reach."
C Ait boa Makttn, l. D.,
New York City.
Special Clearance Sale
FOR THE NEXT 30 DAYS.
At 60 Cents
Men's all wool Cheviot Suits
" Blue Cheviot Suits
Fancy Cassimere Suits
" Fancy Cheviot Suits
Fancy Worsted Suits
Over ioo Styles to select
Boys' Long Pant Suits, $5, $6 and $7.
Fancv Cheviot :tll wool Suits
Oassinieie all wool Suit
Cheviot all wool Suits..
Cassimere all wool Suits
Boys' Short Pants,
Boys' Straw Hats,
WE MAKE ALL OUR
NO SHODDY OR TRASH
AT ANY PRICE.
N. E. Cor. 15th and Douglas Sts.
O jXC -c., - IbT IE
The Continental is the buillinj with tower aii'i clock. He ware of run
ners for cheap clothing houses who accost ou on the street. Come Btraight to
the Continental, we hire u runners. Cut th-s ad out and bring it with you.
1,1k! of Lttr
Remaining uncalled for in the jiost-
oflice at l'lattsiuouth June VI. for week
ending June 5, lSJM:
Auick. (leu. Beam, Caroline
Bradeii, 11. A. Kurt. Frank
Mi Kendrle, Mr. L. I'rii e, W. f.
l'ersons calling tor any ot" the above
letters or parcels will please say "ad
vertised." W. K. Fox. l M.
II. Heineman, Milwaukee, writes:
"one box Japanese Tile Cure has
cured me of case of twenty-eight
years standing, after being treated by
New York's best physicians.' ."old
by Fricke & Co.
The Honacuru-Coibett case was
heard at Nebraska City yesterday at M
o'clock. Nearly all the witnesses are
present, and a stubborn legal tight is
Cases of forty years standing where
operations have failed, have been
cured by Japanese l'ile Cure. Guaran
teed by Fricke & Co.
Ceo. Peters and sister. Miss Emma,
of Avoca precinct, were PJattsmoutu
FmZf Diamonds: V;;;:
Fine Watch Repairing
JOS. P. FRENZER ;. ::
Oppoait Pot OfTio :."ivi
OMAHA , , ... Vi .V
. :t; ,;. . . '.. . r.'i
1 3 ft PI
Castoria cures Colic, Constipation,
Sour Ktoruach, iJiarrhosa, Krurtatiou,
Kilts Worms, gives sleep, and promotes di
gestion. Without injurious medication.
"For wveral years I have recommended
your Castoria, and shall always continue to
do so as it has invariably produced beneficial
Edwin F. I'ajuju, M. D.,
tZMi Street and 7th Ave., New York City.
Ookpamt, 77 Mubhiy Stkket, New Yoac Crrr
on the Dollar.
5 OO wortll HO OO
6 75 " 11 OO
8 50 12 OO
9 CO 13 SO
1? OO 15 OO
from in Sacks and Frocks.
$195 Worth S3 OO
2 OO 3 50
2 25 . 3 50
2 75 4 OO
25c, 38c and 50c.
15c, 30c and 25c.
This is a bona fide Cash
Clearance Sale, at which you
can buy honest Clothing at Co
cents n the dollar.
Millinery and flair Goods
All the Latest Novelties. We Rceiv
New Goods Daily. The Only Children's Milli
nery Department in Omaha.
U A ID P fifing "r Hair Goods Department
limn uuuuu i
ilways has the latest and most ap-
Mrs. R. H. DAVIES
1520 Douglas St., OMAHA.
U. J. Strf iRht.
STREIGHT & SATTLER,
Successors to Henry KcpcU,
Furniture i Undertaking
Pianos and Organs,
STOVES and RANGES-
Our KuriiHiire line Is complete In every detali
An Investigation. iHcertuiii to convince.
h 85 MANL-YlX-L'T-n:
Ur r e-el Riiiuuinu. 11
one NikTtit JCmiiwions, VVrk Krin or hri9
Fowr cu r monir nsturntni by amac
Turkish host Manhood Crulv. (1 box, 6 fr
5 by mull. Ifnhn'ii t'hrmcy. Omaha.
V rs t CT Turkish Taoj and Fn-
LJJ W nyruyal Vill never fi.il.
nora to the dy. rrirtf monthlia regular
.ithnut iiq 1 box by mail . Au-eni waatod.
W . 3012 FaraamSt., Omaha, hab. WT
Powered by Open ONI