Plattsmouth weekly journal. (Plattsmouth, Neb.) 1881-1901, November 22, 1894, Image 1

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VOL. 13, SO. 48.
': t
County Commissioners Will Eesist
Paying; Registration Expenses.
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
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
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
'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
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 $:.txx changed hands on the re
sult. The sorrel mare won by a neck
having got 6 feet the start. Time
224 seconds a 1:30 pace.
It is quietly rumored in railway cir
cles that the B. & M. officials have
made up their minds to w iden the
big cut through the bluffs to the Mis-sor-ri
river bridge south of town, the
object being to lay a double track to
the bridge. It is not the expectation
The lawyers of Lincoln are having
a warm squabble as to who will se
cure the vacancy on the district bench
of Lancaster county after Judge
Strode resigns. No less thau a dozen
men are mentioned as aspiring for the
place. If Governor Crounse, who will
name the man, should consult the
people of Cass county, the guberna
torial choice would be Lawyer Ed.
Wooley. Mr. Wooley is well and
favorably known in Cuss county as an
excellent lawyer and a man of in
tegrity and character. There are
none who could better fill the position,
among all the aspirants, than Ed.
Wooley, and The Journal trusts
that his merits will meet with proper
recognition at the hands of the gov
ernor. Here is a pointer from the Jefferson
City Mo., Tribune to the farmer:
Squire Lester, of Marion county, was
in the city yesterday and sold twenty
two head of wheat fed hogs. He
weighed the porkers before he began
feeding tbew. He fed just exactly 3-1
bushels oi cracked wheat and the hogs
gained 1100 pouuds, or 50 pounds for
each hog. He paid five cents a pound
on foot. ;$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.
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
The" Plan Sif ter"flouris the popular
brand. Ask for it from your grocer.
Supreme Court Decided the Louis
ville Bridge Case.
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
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.
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
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.
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
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
A Youth's Hunting Expedition Ha
a Disastrous Result.
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
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.
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