Plattsmouth weekly journal. (Plattsmouth, Neb.) 1881-1901, November 22, 1894, Image 1
i . i L JJ 1 ..v . WEEKLY JUST AND FEAR NOT." M t VOL. 13, SO. 48. P L A.TTS JIOUTH, NEBRASKA. THURSDAY, NOVEMBER 22. 1894. $1.00 IF2It YKAH, IF FAIL IN AO VANCE. IE FLA SMOOTH OTJMAL ! ': t ) BOARD WILL REFUSE, i County Commissioners Will Eesist Paying; Registration Expenses. CITY'S CLAIMS ARE REFUTED. Hoard Holds That the Liability of th City I I'lainly Fixed By the Statute Prospective Time Curd Changes JJntes. That Registration Muddle. There are excellent prospects for a hot fight in the courts over the deter mination of the city officials to refer the payment of the late registration expenses to the couuty. The mem bers of the county board, will of course, take no official action in the matter un til their Decamber cession, but there ia every reason for believing that the board will refuse the claim. The siai ement, as made by the city officials, that the statutes contain nothing by which the city can be made liable for fall registration expenses, is disputed at the court house, and on the con trary, it is claimed that the statute, state very plainly that the city must foot the reeistoition bills. A victory for the city in the courts mews quite an item, as the county could then be held for all the expenses attendant to fall registrations held since the law has been on thestatutes. Forth.s reason city officials propose to push the matter in the courts to the best of their ability. Time Card Change . The Burlin'ton will put into effect a new time card Sunday, November 25. which will lessen the time of No. 2 between Denver and this city a full hour. On the date mentioned No.2 will leave Denver at 9:50 d. m. instead of 9 o'clock, a3 heretofore ,arriving inthis city and Chicago at the same time as fixed by the present card. It will leave Denver after the arrival of all trains from the Pacitic coast. Utah and Colo rado, and will be the fastest train by fortv-five minutes between Denver and Chicaco. On or about ice 25:h inst. the Mis souri Pacific will make a change ir its time table, caused by making the run from Kansas City to Omaha in an ho.r less time. This will throw the 5:4-5 train going north into thi3 city fully forty mintes earlier and the 10 a. m. train from Omaha will get in about 10A0. Sold Uim awd Ho RM. Henry and Frank Vincent were ar rested at Nebraska City Friday v charged with selling diseased meat. The men ha 1 sold three drad porkers at the packing house in that town, which, upon examination, were found to have died i f cholera. The police were at once notified and one of the men was arrested at a bank, where he was cashing the check which Le had received for the dead animals, f I is bro'her was found seated on a wagon in which were twenty-one dead bogs, supposed to have died from the same disease. The men plead guilty and were Qned $25 and cost. Being unable to pay they were iemanded to jail. The men also confessed that they had hauled several loads of dead ani mals w hich had died of cholera to Lin coln and disposed of them o the ren dering establishments in that city. They seem to have made a regular business in selling cholera-infected bogs. The men are brothers to a young Vincent now in the Otoe county jail v- awaiting trial on the charge of steal ing hogs from General Van Wyck some time ago. An Art or Heroism. Ydnesday morning as the Mo. Pa cific freight pulled in from the north at a rapid speed, it came near running over a reckless little kid who was in the center of the track trying to out run the train. Conductor Dugay, see ing that the engine was sure to over take the boy before it could be stopped, climbed around to the frunt of the pilot and just as the engine was upon tiim he leaped and snatched the boy from the track. In doing so he ran a great risk of beine killed himself for before he got off the track the engine struck his fout but luckily did not liurt him The boy was He-ry Pettit, son of Joseph Pettit, who may thank Conductor Dugay for saving the lad's I life Louisville Courier Journal. That oily and rough skin cured and to commence work until spring, but the face and hands beautified by John- when the dirt does commence to fly son's Oriental Soap; medicated and it means a construction gang of a con Jiighly perfumed. Sold by Fricke & Co, 6iderable number. Stock Men Kick on Rate. South Omaha packers are up in arms over the proposed advance in freight rates, notice of which has been givtn to take ellect December 1. by the western freight association. The new rate will advance freight on live hogs and packing house products from Om aha to Mississippi river points from 15 cents per hundred pounds to IS cents a raise of 3? cents: while from Omaha to Chicago the advance is from 22 to 23i cents a raise of 14 cents. From Kansas City, Sioux City and other Missouri river points the increase in tariff is in proportion. One of the heavy South Omaha pack ers said recently: "The packers now. as in the past, have taken the ground that we do not oppose any increase of rates where such increase does not effect our business. But at the pres ent time, when the conditions are ab normal, we do object. Nine years out of ten an increase of rates would make no difference, b;;t this is the tenth year. 'When we heard." he added "that the order to raise rates had been given out by the executive officers of the traffic officials we went to Chicago and asked that the advance be postponed until the Missouri valley region had the usual crop of ogs and corn which meant perhaps t year. The next thing we knew the order was given to raise the rates December 1." Stockmen figure that if the rates go into effect it will mean a loss of $3.50 to $7 per car to the farmer who has any hogs to ship east. Some of the live stock men are of the hope that a single road will see its chance and cut loose from the others in case it can get an immense business. The packers were never so free from entanglements with the roads as now, and it is believed that they would be in shape to make it an object to some road or combination cf roads forming a route to keep the rates where they are. The opening of the spring will un doubtedly see a big rush of travel over the new Burlington extension into Montana. The terminus of the exten sion is fortunately in the great Yel lowstone valley, one of the richest agricultural and stock regions of Mon tana, and that section of the state should get a large influx of immigra tion the coming season. If the road pushes on into Meagher county next spring Tiber rich valley s will be opened up. Tile Burlington is going to be a great factor in the building up of Mon tana. Operated On For An Alce. Dr. E. W. Cook, assisted by Drs. T. 1. Livingston and Dr. E. D. Cummins, performedan operation yesterday upon Jed Vance for the purpose, as it is known in the medical profession, of giving the latter relief from an em pyema or abcess in the pleural cavity on the right side of the king. The ab cess has been forming for the past four or live months and after a long at tempt had been made to effect and in ternal cure, an operation was decided on. A piece of the ninth rib, about two inches in length, was first removed and the abcess was then thoroughly drained. tLe operation being a com plete success. Vance's condition todav is good, and his physicians have every hope that he will soon be about and in good health. It looks as if E. A. Gerrard is right in the newspaper swim. lie first sue ceeded in securing the nomination as the prohibition candidate forgovernor to advertise his paper, and immediately follows it up with a $20,000 libel 8uit against him. The latter is by a saloon keeper. If the two combined don't lire the prohibition heart and induce the cold water crew to shower shekels into bis till then be might as well retire from the business. Lincoln News. A horse race consisting of a quarter mile dash for $500 a sid was run last Saturday afternoon at the Baldwin track, east of Mcl'aul, Iowa. The racers were the Baldwin horse, a dark bay, and a sorrel mare from Kansas A crowd or pernaps l.oou people was present to witness the race, and prob ably $:.txx changed hands on the re sult. The sorrel mare won by a neck having got 6 feet the start. Time 224 seconds a 1:30 pace. It is quietly rumored in railway cir cles that the B. & M. officials have made up their minds to w iden the big cut through the bluffs to the Mis-sor-ri river bridge south of town, the object being to lay a double track to the bridge. It is not the expectation ONE THIXU AND ANOTIlKIi. The lawyers of Lincoln are having a warm squabble as to who will se cure the vacancy on the district bench of Lancaster county after Judge Strode resigns. No less thau a dozen men are mentioned as aspiring for the place. If Governor Crounse, who will name the man, should consult the people of Cass county, the guberna torial choice would be Lawyer Ed. Wooley. Mr. Wooley is well and favorably known in Cuss county as an excellent lawyer and a man of in tegrity and character. There are none who could better fill the position, among all the aspirants, than Ed. Wooley, and The Journal trusts that his merits will meet with proper recognition at the hands of the gov ernor. Here is a pointer from the Jefferson City Mo., Tribune to the farmer: Squire Lester, of Marion county, was in the city yesterday and sold twenty two head of wheat fed hogs. He weighed the porkers before he began feeding tbew. He fed just exactly 3-1 bushels oi cracked wheat and the hogs gained 1100 pouuds, or 50 pounds for each hog. He paid five cents a pound on foot. ;$y a little figuring it will be observed that Mr. Lester realized SI. 52 per bushel for his wheat. This is enough to make farmers open their eyes. It beats selling wheat at forty cents a bushel. There is an immense amount of i eat in Cass county and if the farmers can make even $1 per bushel out of it they will be well satis fied. Mr. Lester says the wheat should be cracked in order to obtain the best results. "' A party of Lincoln's wholesale men have gone on an excursion over the B. & M"s. new line to Billings, Montana, their object being to capture a share of trade in that territory. A hot fight between the wholsale interest of Lin coln and Omaha will be made for supremacy in that section, aud Lin coln stands an excellent chance of coming out first best. HAS SURELY KECOVEEED. Mr. Bignell's recovery from his re cent illness, enabling him to get down to the council chamber for a few mo ments, was the signal for a fresh on slaught upon the public by the cor porate interests and their backers in the city council. While Mr. Bignell was ill and unable to be around the people got a rest. Lincoln News. The Rock Island railway has backed out of the recent ngreement made by western roads on the advance rate charged for excess baggage and the old rates have been restored. As a matter of fact, the old charge is much too small, as it is really less than the rate for first class freight, but the Chi cago wholesale houses, who claimed that the advance was costing them over 820,000 a day, raised such a howl that the Rock Island backed down and the other roads were compelled to fol low. Itisonly another case of Chicago ruling the roost. The Lincoln Journal's correspon dent at Nebraska City says that Geo. Leidigh. a nominee forlloat represnta tive in this float district at the late election, is a candi date for warden of the state peni tentiary. If Mr. Leidigh is really an aspirant The Journal trusts that he will winl Governor Holcomb cer tainly could not make a better choice Lincoln has quite a sensation over the arrest of a Cotner university pro fessor and five students on the charge of grave robbing. The arrest was made la&t evening and the dead body, for the theft of which the party was arrested, was found on a slab in the dissecting room of the university par tially dissected. The body was that of a man named Albers, and was buried on Thursday of last week in Wyuka cemetery. The grave robbery oc curred last Monday night, but it was not until yesterday that the authori ties got a clue as to the exact identity of the ghouls. All of the party are out on bonds. Residence Iturned at Wabash. The residence of Jos. Jackson at Wa bash was burned to the ground Fri day. All the household effects were saved . The fire, writes our informant, must have caught from a defective flue, as when the flames were discov ered only the roof around the chimney was on fire. The loss is covered by insurance. The" Plan Sif ter"flouris the popular brand. Ask for it from your grocer. AGAINST THE COUNTY. Supreme Court Decided the Louis ville Bridge Case. COUNTY LIABLE FOR REPAIRS . Oucstiun of Sarpy Heine Jointly Liable Not Passed Upon And Cass Will Make a Test Of the Matter Various Other Notes. That Louisville Bridge Case. The supreme court of the state banded down an opinion Tuesday in the Louisville bridge case, and in it the county is held to be liable for the repairs and maintenance of bridge. The following is the syllabus in full: Duttou et al vs. Pankonin et al. Er ror from Cass county. Affirmed. Opinion by Commissioner Itagan: Louisville precinct," a political subdivision of Cass county, voted its bonds to aid in the construction of a wagon bridge across the Platte river. The county commissioners of Cass county issued the bonds voted, sold them and used the proceeds in con structing a free wagon bridge across the Platte river near the village of Louisville in said county and at a point where the river is the division line be tween the counties of Cass and Sarpy. The southern portion of the bridge became out of repair and unsafe for travel. The county commissioners of Cass county were notified thereof by three tax-payers and citizens of said county and requested to repair the same. The commissioners refused to make the repairs on the ground that it was not the duty of Cass county to keep such bridge in repair. To compel the commissioners to re pair the bridge said tax-payers insti tuted proceedings in mandamus. Held, 1. That as the statute makes the mid dle of the main channel of the Platte river the boundary line between the counties of Cass and Sarpy that the legal presumption is that the south half of such bridge is in Cass coucty and that it is the duty of the authori ties of said county to keep said portion of said bridge in repair, and that they would be compelled to do so by man damns pioceedings instituted and carried on by and in the name of said citizens and vax-payers. 2. That said b:dse is not the prop erty of 6aid "Louisville precinct." 3. That such bridge is the property of the public and a part of the public highways of the state. 4. Whether it is the duty of the au thorities of Cass county to maintain the entire bridge in repair and in a condition safe for travel, not decided. The fact that the court did not' pass on the entire liability was because that problem was not a portion of the suit. It is now quite probable that the county board will institute suit to compel Sarpy county to pay one half of the expense for repairs. The following remarks, made by a German farmer in northwestern Kan sas at an irrigation convention, is said to be the best irrigation speech that has ever been made in the state. It is as follows: "Last year I do irrigate one square rod of ground. I plant in cucumbers. I do so veil that this year I do irrigate one acre. Next year I do irrigate some more.'' Sydney Telegraph. That celebrated beverage. "Mun cheneer" beer, on top at the Casino. Official Pluralities. The last of counties which were back on official returns reported to the secretary of state at Lincoln on Satur day, and the following is the official vote complete on all the state offices: Governor Holcomb 97.S15, Majors 94,023, Sturdevant 7031. Holcomb's plurality, 3,192. Lieutenant Governor Moore 96,916 Gaffin S5.236, Dunphy 14,505. Moore's plurality, 11680. Secretary of State Piper 96,317, Mc Fadden 65,130, Ellick 18,S08, Rolfe 11, 334. Piper's plurality. 31,187. Auditor Moore 9S,803, Wilson, 75, 176, Bauman 19.3S9. Moore's plurality, 1J3 a6te Treasurer Hartley 90,281, Powers 69,935, Luikart 16,097, Breidenthal 13, 892. Bartley's plurality, 26.346. Attorney general Churchill 96,987, Carey 81,825, Ames 14,324, Churchill's plurality, 15,162. Land commissioner Russell 95,056, Kent 83,356, Bigler 14,180: Russell's plurality ,12,700. School superintendent Corbett 98, 603, Jones 80,435, Doolittle 14,374. Cor bett 's plurality, 18,168. AROUND THE COURT ROOMS. DISTRICT COURT. The Tutt-Iiawkins contest over the short term seat in the city council from the Fifth ward, was tried and submitted before District Judge Chap man Saturday. Written briefs were submitted by the opposing attorneys, Messrs. Gering and Graves, and the matter was taken under advisement. A decision is expected next Saturday, when the judge returns from his duties at Nebraska City for the "pur- pose of closing term of court. up the Cass county CC.NTY COURT. License to wed was issued in county court late Friday afternoon to ilr. Ira Mills and Miss ElorenceB.Carnes, both of this city. Judge Ramsey presided Wednesday morning at the wedding of Mr. Wm. M. Wash and Miss Rosa Ottinger. The groom is a resident of St. Joseph Mo., while the bride hails from Glen wood, Iowa. The suit of Mrs. John Streigel vs. the U. O. T. B. lodge of this city, in which Mrs. Streigel SHes for 145 al leged to be due her husband as sick benefits prior to bis death last winter, was on trial before County Judge Ramsey today. The society makes the defense that Striegel misrepresented his age when he joined and that be was past the age limit. Mrs. Streigel has already been accorded judgment in county court for $1,000 on an insurance policy in the U. O. T. B.. and follow ing the precedent it is expected she will win the suit for the sick benefits. COURT ROOM NOTES. It is noticed lately that Judge Ramsey carries a cane on bis arm. There are those who say the judge is superstitious and is afraid of being at tacked by some enemy. He himself says he is at times afflicted with sciatica in bis legs and needs a cane for support. Nehiaska's Congressmen. The official canvass of the state has been completed on the vote for con gressmen in this state, and the follow ing are the pluralities of the victors in the different congressional districts: First district J. B. Strode, republi can, 5.455 plurality. Second district D. II. Mercer, re publican, 4,S71 plurality. Third district Geo. D. Meiklejohn, rep., 4,793 plurality. Fourth district Eugene J. Hainer, rep., 3,951 plurality. Fifth district Wm. E. Andrews, rep., S60 plurality. Sixth district O. M. Kem, populist. 2,401 plurality. U S. federal court is grinding away now at Omaha in good fashion, and the trial of Jules Sandoz, the Frenchman who had charge of the Grayson post- office, in Sheridan county, was begun Wednesday. Sandoz is the possessor of a ranch and four wives, and when one tires of him he goes to live with an other, so it is alleged. While acting as a servant of Uncle Sam be is a! leged to have run short of funds, so he just issued a supply of postal notes and established a new circulating me dium in that part of the state, while politicians were worrying themselves gray headed over free silver. He ex changed the postal notes for supplies for bis ranch, and now he is charged with embezzlement. W. B. Porter, J. K. Porter, J. C. Gilmore, M. Dodge and Wm. Wetten- kamp, residing in the vicinity of Plattsmouth.have Borne ancient claims against the government for loss of stock caused by depredations of the Indians in the 60s. amounting to over $50,000. Deputy U. S. Attorney Smith of Omaha was down there last week investigating the matter, which will perhaps result in the payment of the claims bef or 1900. Red tape in these matters has caused many a poor man to die of hunger. Weeping Water Eagle. After the trial of Sam Payne, the Omaha colored man on the charge of murdering Maud Rubel, was well un der way, it was discovered that one ot the jurors was a resident of Iowa. The disclosure knocks the bottom out of the entire proceedings and a new juror must be procured and the trial commenced anew. The break will cost Douglas county a cool $2,000. Tom Cooke, be of state bouse fame, was in town Tuesday consulting with personal friends. The election of the state republican ticket, ex clusive of governor, makes Tom's con tinuation as chief sachem oi the ring secure for another term of two years SHOT OFF A FOREARM. A Youth's Hunting Expedition Ha a Disastrous Result. STATE IS AFTER IT'S CASH. The Supreme Court Fixes the Suit Against Ex-Treasurer II ill to Commence Hefore a Jury On December 11th Other Motes The thirteen-year-old son of Peter Nord, the well-known Norwegian who is stationed at the B. & M's. Platte river bridge at Oreopalis as watchman , suffered the loss of his left fore arm yesterday. The boy had started on a short hunting expedition and while walking across the bridge to the Sarpy side of the river, carelessly al lowed the stock of the gun to slip from his grasp onto the stringers. As a con sequence the gun was discharged and the entire load was buried in the boy's forearm, completely shattering it. Dr. T. P. Livingston was hastily sum moned from this city, and the wounded arm was amputated just below the elbow. The State After It's Cash. The motion pending before the su preme court in the case of the state against ex-state tresurer Hill forfixing a time for trial, and to define the man ner of drawing a ju-y, has been passed upon, The court yesterday fixed De cember 11 as the day for the trial and appointed William II. Munger of Fre mont and N. V. Harlan of York as commissioners to select the sixty per sons from the state at large to report for jury duty. The large amount of money involved and the prospect of a trial before a jury, an unprecedented proceeding in the supreme court, has drawn the at tion of the state to this suit in which the state seeks to recover 8236,000 of the state f uuds deposited in the Capi tal National bank. Judge Wakeleyfirst instituted suit for the state in Douglas county, but that court held that it was without jurisdiction. This judgment was affirmed by the supreme court which decided that the suit must be commenced in Lancaster county, the location of the state capitol. Judge Wakeley and Attorney-General Hast ings then demanded a trial by jury in the supreme court. Judge Broady, attorney for Mr. Hill, together with the attorneys of Hill's bondsmen, declared that the case should take its course in the lower court and that the supreme court did not have original jurisdiction. Under a section of the constitution the court held that it has original jurisdiction in causes where the state is directly in terested. The proceeding promises to be one of the most interesting ever had before the courts in this state. Judge Sullivan, attorney for the plaintiff in the Buit of Mrs. W. B. Shryockvs. the Modern Woodman Ac cident Insurance association, which was tried in the Lancaster county dis trict court the other day and resulted in a disagreement of the jury, reports that the jury stood 10 to 2 in favor of his client. The Lincoln papers mis stated the fact when it was published that the balloting for a verdict ended in a tie 6 to 6. The case will come for a retrial in January and the judge feels hopeful of winning. The sum of $3,000 with interest is involved. We Hope It's Authentic. Not only has the Burlington posted notice in its Ilavelock shops that the men will be given full time work here after, instead of five days out of six, but it is also stated that the forces at these shops, as well as at the Platts mouth shops. Is to be materially in creased in the near future. It is said that thirty new men have been or dered put on in the blacksmith shop at Ilavelock alone. Lincoln News. A correspondent of the Lincoln Jour nal at Nebraska City says: "Consta ble II. G. Strong of Nebawka was in the city today looking for a gang of horse thieves who have been oper ating in his neighborhood recently." Mr. Strong was in Plattsmouth today. He said that he was not in search of borse-thieves, but instead was lookiag for the parties whopurlonged a pair of lap robes from a farmer's wagon last Saturday in Nehawka. The theft was committed in broad day light, while the wagon was standing on the main street of the village. T. M. Howard of Weeping Water was a Plattsmouth visitor today. 1 - - j -. . ..... . ""