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About Plattsmouth weekly journal. (Plattsmouth, Neb.) 1881-1901 | View Entire Issue (Dec. 20, 1894)
B Practical Presents for Plattsmouth People AT We suggest to you the following useful gifts for Christmas time. Some thingwhich your Father, Brother, Husband, Lover or Friend will appreciate. Smoking Jackets Elegant Beautiful : SILK and LINEN Handkerchiefs - - SILK : VESTS - - The Plattsmouth Journal DAILY AND WMKW. C. W. SHEE2IAIJ, Editor. TERMS FOR DAILY. One eopy one year, la advance, by mall . . 15 Oh One copy tlx months. In advance, by mal . 2 50 uue copy one month. In advance, by mall. 60 One copy, by carrier, per week iu . Published every afternoon except Sunday. WEEKLY JOURNAL. Single cepy. one year 11 00 Single eopy, alx months - Pnbllahed every Thursday. Payable In advance Kntered at the postofflce at Plattsmouth, Ne braska, as second-class matter. NOTICE EXTRAORDINARY. There is no use of disguising the fact that the prevailing busi ness depression has affected The Journal, making it impossible for us to, for the present, keep the paper up to its usual size and ex cellence. We are, therefore, compelled to ask the indulgence of our subscribers and friends until collections from our list of subscribers will enable us to do better. It is hoped that this con dition will last but a few weeks, at the farthest. It is but lair for us to state that there is enough due us on sub scriptions to pay every dollar we owe, and to put the paper on a fair footing, and while we do not wish to push anybody now, we hope that all who owe us and de sire to see correct principles pro mulgated will strain a point to pay up their scores. A touch of the elbow gives courage to the weak and strength to the courage ous in time of battle. THE PUBLISHER. The treasury ia still losing gold at a rapid rate by the greenback redemp tion process, 82,000,000 having gone out Wednesday, and the average rate Is over a million a day. A new bond issue ia already in sight. The gold ia wanted for foreign shipment. Neekwear Silk : Mufflers S3, THE THE FATTER-SON APPOINTMENT. The question whether the appoint ment of James M. Patterson by the authorities designated by law to fill the vacancy in the board of county com missioners, occasioned by the death of S. W. Dutton, is to hold merely till the first meeting in January next, or until the next annual election, is an inter esting one, which may assume some importance in the near future, and in this view of the matter the legal opinion given by County Attorney II. D. Travis, at the request of the ap pointing board, Messrs. Eickhoff , Ram sey and Dickson, is a document which gives an interpretation of the law in the case, and, in our judgment, settles the question. That opinion is, in sub stance, as follows: OPINION OK COUNTY ATTORNEY. Gentlemen: Having selected the person who shall fill the vacancy oc casioned by the death of S. V. Dutton, a question has been asked by you whether the appointment will hold only during the remainder of the term during which the vacancy occurred, or until the next general election? Per mit me to direct you to sec. 105, chap. 26, comp. stat., 1893, which provides: "Appointments under the provisions of this chapter tshall be in writing and continue until the next election at which the. vacancy can be filled, and until a successor is elected and quali fied." Mr. Travis then quotes, with em phasis, sec. 104, comp. stat: "Every officer elected or appointed for a fixed term shall hold office until his successor is elected or appointed and qualified, unless the statute under which be is elected or appointed expressly declares the contrary." The vacancy has occurred more than thirty days prior to a general election As there will be an incumbent in the office at the end of this year who can hold over until his successor is elected and qualified, therefore another ap pointment is unnecessary. "Troop on Public Offices" and other recognized authorities are quoted to sustain this holding. Meachem, on "Public Office," says: "American courts hold that in the ab sence of any restrictive provisions the officer is entitled to hold until he is superceded by the election of another in his place." Other authorities say: "When power to appoint has once been exercised, any subsequent appointment 'is void unless the office has become vacant." "If the successor dies after Lounging Don't forget that we give a key with every SI purchase, which gives yon a chance to unlock the Box and take the 5 money now displayed in our west Show 5 window. ? CATCH ON! ? Diamond Soles 1a escott BOSS CLOTHIERS. election, theie is no vacancy, and the incumbent holds over."" "Where of ficer elected dies before the new term, person appointed holds till another is elected." The syllabus of the Michigan case, "People vs. Lord." is quoted, in which it is shown that a jucg?, appointed by the governor, died after his re-election, and the governor appointed a man to fill out the term. On Jan. 1st, when the new term begun, the governor ap pointed another man for the new term. The court held that this appointment was void, and that the first one ap pointed would hold the office until bis successor was electkij and qualified. Also that the governor could not by any provision in me commission limit the first appointment, or make its con tinuance depend upon his pleasure. J. M. Patterson will hold over under this appointment until the next general election, unless he shall resign or die. After he takes the oath of office and files hi3 bond he becomes the in cumbent of the office, just as Mr. Dut ton was before he diedx and on the 3d of next January lie will be an incumbent of that office, and entitled to hold over until the next general election. The only question involved is one of law, and not of expediency. The board has no power further than to "appoint to fill the vacancy occasioned by the death of S. W. Dutton, chairman of the board of county commissioners." In other words, they cannot limit or ex tend the time of that appointment in any respect whatever. Mr. Patterson should re-qualify upon entering on the new term, next January, and file a new bond. The appointment should simply be made to fill the vacancy. Leaving out many of the legal phrases and citations of authorities. the above is the substance of the legal opinion furnished by County Attorney Travis. This opinion is backed up by that of Judge Maxwell and Attorney General Hastings in its legal conclu sions. Congressman Bryan in his weekly letter to the World-Herald strongly opposes the new banking scheme of Secretary Carlisle, and indicates that he will make as strong a fight as he possibly can against the bill in the house. The bill was reported to the house Monday, tbe minority of the committee making a report opposing it and predicting a panic if it should be come a law. A lively debate is pre dicted, and The Journal hopes that the bill will be killed. : Robes $25.00 THE new kankinu SCIIKMK. The proposed new banking scheme is manifestly wrong, because it is un fair and is class legislation of the tuost pronounced type. The bankers and financiers of the country and world have been denouncing the scheme pro posed by tlin populists of allowing farmers to borrow money from the government at the rate of 2 rer cent. 6a a pledge of teceipts for grain de posited in government elevators and warehouses; but here ia a scheme to let bankers have government money at the rate of one-half of one per cent, by depositing HO per cent, in greenbacks of the amount desired with the treas urer of the United States. V hy is not the farmer's grain a3 to the amount of 80 per cent, of its value as good as 30 per cent, of the government loan in greenbacks? Why make fish one and fowl of another t Why is a banker any better than anybody else ? Can a free government rest on a foundation of in equality like that ? The conflicts and wars of all the ages have been waged over the equality of men before the law. Every aspiration of the human heart and hope for human liberty has been grounded upon the axium "equal rights to all and special privileges to none." Yet here, in free America, in the twilight of the nineteenth century, a professedly democratic administra tion proposes to force the passage of a law which gives a special privilege to a class which lives and fattens upon the sweat of others' toil. The scheme is a monstrous outrage upon human equality and no man who really be lieves in the essential principles of de mocracy can consent to it, much less approve of it. The public generally ,and thefriends of Judge Chapman in particular, will be surprised and mortified at the de cision he has made in the Tutt-IIaw-kins aldermanic contest election case. The hope was that Judge Chapman would rise above partizanism and give such a decision as was warranted by a full sense of justice on the facts pre sented, but in this they have been dis appointed. The decision in favor cf Hawkins is understood to be based on the statement that tbe city clerk was to blame for printing the tickets wrong and was arrived at hy going behind the ballot and inviting perjury. Fine Bathing Flannel Night Robes - Suspenders Silk Umbrellas Latest in In view of the fact, however, that Mr. Hawkins had stated to Mr. Fox that he was entirely justified in printing the tickets in that way. as that wasclearly the intention of the ward caucus, Ihe public will hardly accept li e dictum ot tbe court as a fair declaration of the equities in the case. Instead of being accepted as a final decision of the mat ter undoubtedly large share of the public will form a poorer opinion of the justice of" judicial decisiors. and have less respect for the dignity and impar tiality of the bench. Druixo the debate on the income tx deficiency appropri:s!i.Mi bill the other day Congiessman McMillin called attention to the injustice ot the old system thus: -'In order to show the flagrant wrong that Is clone by the system of taxation tinder which we have been living, I will call your attention to Mr. William Waldorf Astor. This gentleman ran for congress once against the present gov ernor of New York, Mr. Flower, and was de feated. His defeat soured and embittered him againBt the government and our institutions, lie moved abroad, and not content with what he could say against America himself and our American institutions, he purchased one of the ablest journals in Great Britain. lie lives there now, and his paper is doing lis work against our Institutions. The income of the man, derived from property in New fork, is more than $5, 000,000a year, and he does not pay he does pay a state tax, county tax and a municipal tax, it is true but he does not pay the government of the United states, and has not paid tiO in ln years, although be has bis colossal finances pro tected by our army and defended by our navy," The Roman republic fell because of the great wealth of the few made them all-powerful, and her civilization went down because thevenality and corrup tion of the rich demoralized the masses. Her people forgot the duties of patriot ism and while the people starved the rich reveled in licentious extravagance. It was a conflict of wealth against the commonwealth. There are indications that tbe wealth of America is repeat ing the history of Rome. Stories of the want and destitution prevailing in the drouth-stricken re gions in the western part of the state are to be heard on every hand, and they are such as should impel every person who loves humanity to do as much as possible toward tbe allevia tion of the suffering h re. Seelev, the defaulting book-keeper of the Shoe and Leather bank, was captured in Chicago the other day,a man named MacFarland, to whom he had confided his secret giving him away for the $5,000 reward offered. Bon, Robe Hats & Knpeal These FoollMi Dutlrs. New York Herald. ' It is clear that tke differential ard discriminating duties on sugar ought to be instantly removed. They are no toriously mere tributes of slavery to the sugar trust, making with tbe ad valorem duty a piohil.itory tariff on all foreign refined sugars. The fooli-h discrimination against German sugar does no violate Ihe letter of our treaty'x. with Germany. Cut it dors rot har monize with the spirit i f shat treaty. ; It has alread) provoUd Gei tunny to a realization which may soon cost us the Irss of a large slice of our export trade to Germany exceed'ne SfHl,0(0,CG0 a yar. The position Judge liiewer took in the Nebraska maximum freight rate law that the cot of construction and equipment should govern '.he earning or charging p wer of the roads, is a good deal. like the position of the gold monomaniacs that "the cost of pro duction" of the precious metals gov erns their value. In the case of cold and silver it is the standard of value fixed by law which n gnlates the value. If all the commerce using nations of the world were to change the law regu lating the amount of gold to be put in a dollar that would settle its value. With silver it is just the same. The ipse dixit of the law ia supreme in that respect. With railways it is differeny -A railway might be built on the top of tbe Rocky mountains, which would, cost $100,000 a mile, but its freight ." charges could not be based on that cos, but they ruus' be fixed on the utility of the traffic, or it would get no business and its stock would be of no value whatever. Judge Brewer or the whole of the U. S. supreme court could not create an equity in favor of such a road charging rates based upon cost of construction and equipment. Neither can he by arbitrary dictum compel Ne braska people to pay rates based on the cost of construction and equipment of Nebraska railways. The judge is a good bible student and Sunday school IcnHiPr ani! vn venture to commpnrl to his attention that passage of th j scriptures which Bays: "Whatsoever v ye would that men should do to you. 1; ? dove even so them." It may give kjni V an idea of equity not found iiK i modern law bn kf. 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