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THE RED CLOUD CHIEF
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VOLUME XXXV.
RED CLOUD, NEBRASKA, NOV I3M1U3H 8, 1907.
NUMBER 45
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School Bonds Cannot be Cancelled.
Heiv are the opinions of Attorney K.
II. Owrnun of this city, and of Stale
Superintendent Mcllrlcn in regard to
tho petition recently presented to tin
board of education demanding that the
nchool bonds voted last spring be can
celled, and in regard to other mailers
concerning the bonds and their sale:
ui;n iM.oni nrv schools.
Ke-.l Cloud, Ncbr.. Nov. I. IU07.
We. the Finance Committee, hereby
submit the attached opinions of Stale
Superintendent Mellrien and Attorney
W. U. Ourman. relative to the petition
presented to the Hoard of Kducation to
cancel the S'.'fi.OOO.OO bonds voted at the
last April election, for the purpose of
building, furnishing and heating a
hchool hou-e in thejlrst ward and in
stalling a heating plant in the second
ward of School District No. '!, ami. in
view of thee opinions, we recommend
that no action be taken on this petition.
W. A. Siinuwnon.
L. II. Four.
.1. W. t'.M.ItW I.I.I..
To Finance Committee. Hoard of Kdu
cation,
de.ntlemcn:
You have been presented with a pe
tition igncrt by parlies representing
themselves as electors, taxpayers and
.school patrons of School District No
2. Asking ye-n to cancel the bonds re
cently voted by said district for reasons
M'.toutin said petition. You desire
my opinion on:
1st. What legal ell'eet such a peti
tion has.
'.'ml. Whether von. as a Hoard of
(Education, have the authority to can
cel said bonds and what procedure, on
your part, would be necessary tocancel
the same.
.ird. If you should cancel said bonds, j
whether it would be your dut to r. !
hubmit another bond proposition to be
voted on by the voters of the district
1th. Whether a vote of the peopl. '
of the district is necessary to cancel
na'id bonds. I
nth. Whether the board can pay a
premium out ot us general mini in or
der to make a sale of said bonds.
1. As to the legal elVcct of the pe
tition: Our statute speeilieally pro
vides the mnuner by which school dis
trict bonds may be voted. I know of
no provision o'f law for the cancella
tion of the sime, when once voted, by
a petition such as that tiled with you
or by any request of voters. The peti
tion presented to you is certainly very
imperfect, the signers thereof not even
Mating 'vhnt they voted for the bonds
It is a common and elementary rule of
parliamentary practice that even a mo -
Hon once passed before a body can only
be recousidered by motion made and
seconded by those voting on the pre -
vailing side. Without further discuss
ing the petition I am of the opinion
that the same is wholly without legal
effect and that you are not bound to
t:ike uiiv action on the same, alid from
u legal point of view it should have no
welirht with von. As to what moral
effect it would have you have not ashed
me and on that question I am not giv-
ing any opinion.
Yon as a board submitted or under
took to submit under the law;, to the
voters upon their petition requesting
you to do so, a proposition to votcS-.'."..-
O(MM)i) bonds for the purpose alleged in
said petition. The proposition carried,
This was thought to be legally done,
l inn of the oninion that the proceed imr
can only be attacked for fraud or ille-
guilty by a bill in equity. I do not
think you are under any legal obliga-
1! i ....it.... niili liiIiI JiniiiU .111
1 11. 11 ill tuiiiii-vinMi "ini
,...,..,( ,.r mi lm reason of the netition
."." " "i
presented, either to cancel the bonds
or to take any other action whatever, cancelled.
.'. I am of the opinion that you as a .'1. "If. we should cancel said bonds,
board have no authority to cancel the would it bo necessary to resubmit an
hjmds. J am unable to lind any an- other bond proosition to the voters?
thority or precedent whereby a Hoard Your third quest ion is answered in my
of Education can cancel sell 01 d bonds reply to your second question,
nice voted. I'ndcr the proposition 1. "Isa vote of the people necessary
Hiibtnitted and i-arried by the voters,
the bonds are to be sold "in the open
market to the highest bidder for not
less than par," Also, the interest asa
nartof the proposition was tl.sed at 1'
1 ... .1. .
ncr cent You have no nmiioriij e.-
..nt that given you by the proposition
adopted and under the law of the state i
yon are therefore in duty bound to sell
the bonds on the e.uet tenusoontalncd
in the pioposition voted on. and should
use every possible effort to make said
sale as ordered.
You are not limited as to time in sell
ing said bonds and yon should use all
possible diligence in making said sale.
If for any reason, such as a stringency
in the money market or other cause
which would temporarily hurt the
money market and prevent the present
sale of said bonds, then you should
wait until the market is such that a
sale could be made.
:i. under my view that you cannot
cancel the bonds, it follows that you
could not submit a new proposition to
the voters issuing other bonds at a
higher rate of interest, if you desired.
1. A vote of the people is in nowise
proper oresscntial to cancel said bonds.
.". You have a right to pay from the
general fund cf the school district any
reasonable expenses necessary to the
sale of said bonds such expenses as
aevcrtising the sale of said bonds in
the open market, correspondence, or
other reasonable expenses which would
re.sult in a sale of said bonds under
Mrs. O. C. Case died this morning
lit ! o'clock at the I'resbytoriau hos
pital at Omaha as the result of an
operation performed last week. The
remains will prohably bo hrought to
Red Cloud lor burial.
the eondstions and term-, ordered nnH
contained in the proposition voted by
the reople. Hut you would not be just
ified in paying anil bonus or premium
the payment of which would result or
1 could be said to add to or increase the
amount of interest or income, to the
purchaser ot said bonds or hi
an in-
' dueciuent for huu to purchasi
Respectfully submitted.
K. 1". ovi:itM..s.
Ued Cloud. Ncbr.. Oct. I.", I'.tOT.
' October '.'... 11(07.
Hoard of Education, Ued Cloud, Ncbr,
lientlemeu: -
Yesterday afternoon you submitted
the follow ing questions and asked a!
ruling thereon by this department.
After a conference with the otllce of
the attorney general. I make the fol
lowing answers thereto:
I. "What legal effect has such a pe-
tition to the Hoard of IMucation rcla-
five to the school bond muddle in the
school district of. Wed Cloud?" .My an-
swer is that it has no leyal ell'eet what-
soever.
V. "lias the Hoard of Hducation an -
thority to cancel, and. If so. what pro -
muliii'ii vviinlil lie 1ii'i'C,:i PV?" I'criiiit
. -
me to say that said bonds arc beyond
the recall of your board and cannot be
to cancel said bonds?" This question
is also answered in my reply to your
second question.
:.. "At the present time our bonds
have failed to hell. Can the board pay
.1.. S.t' III.. .l..ll,t.fl 1 t.,..l l.t
nninuni ..v ... ,.,., H. ...... . ,,...,. ,.,
order to make a sale? If the board
should so sell the bonds would they
individually or as a board be liable for
such premium, Under suit, as the peti
tion states that the board will be held
"i personal I v liable'.'" In answer to your
tlfth question, penult me to say that
your Hoard of I'dueatlon hasauthorlty
to hire an attorney or agent to nogoti-
ate the sale of your bonds at not less
than par value. You have authority to
pay said attorney or agent a reasonable
price for his services out of the gener
al funds of the district, but in no case
must said bonds be sold below par. The
people of your district will have to wail
'for a new public school building until
the bonds already voted will sell utpar
value. I am persuaded that you will
have little trouble in tlndinga purchaser
for your bonds at par.
Yours very truly,
.1. L. .MrllltiKN. Superintendent.
Election Results.
Helow we. give the results of
the
election. The llKitres given are taken
from the ollicial canvass of the. votes.
The total vote cast was J.'llHt. Next
week we will publish a table showing
the vote of each precinct.
Hor judge of supreme court. Ilccsc
received a plurality of a.i. and a major
ity of lot).
The republican candidates for regent
carried the county by majorities- ,,f 1,17
over the demo-pops,.
Tor railway coininboioner. (".ark re
ceived S04 majority..
The court house tax was defeated by
a majority of :)).', The vote was 1.121
auaiiist and 100',! for the tax. .
The balance of the ticket loll'iws:
I'oi Distiut Judge. Tenth Dist.
Jainci. Rep 1 1 73
Ibwigih Kti. ion .... m.o
Janus' Ma" ri:y. . .
For County Tieasuier
Fralnn 1510
Cluisty 4S1
J'rah m's M.ijotjj. .
12.1
1029
I For County Clerk
Ross
100.1
l)e four
rioss' Majority. . . .
l'oi County Sheriff
Hedge
Smith
62
'437
755
Hedge's Majority. .
For County Judge
Gillian) 927
Kdson '3y
Kdson's Majority..
68:
S2
For Clerk of the District Court
Hanson 1001
0
Hutchison 1 223
Hutchison's Majoiityszj
For County Assessor
.Scott 1 19S
'Cramer 1022
Scott's Majority... 176
Mrs. Nellie West Caster received UK)'
votes for county superintendent. As
she was the only candidate far that of
tice, she was, of course, elected.
G. V. Hummed was elected county
N commissioner for the third district and
(Jerliard Oliustedu for the lift h, tho for
mer by a plurality of .".)' and tho latter
by a plurality of 101.
City Council Proceedings.
Council met in regular session Wed
nesday evening in the olllce of City
Cleric Fort. Mayor and all chitnuiliucu
present.
I,. II. Uust came before the council
and asked the city to build ft crossing
on the south intersection of Ith Avenue
I mm .-"vviii.i niit-i-i, niiiLiiiu ium uu
I ,,,.,,,, . , ..
.....1 o..,. 1 . 1 ...... ....:...- .1...1 1.,.
, would build said crossing and wait on
, the city for tho money. On motion
iiimlc lie Wolfe icnnilcil he I licilcrli'l.-
( ,, ,,
, vote resulted in tie. Wolfe and Midler-
ich voting aye and l.'obin.son and .McCallj
voting no. .Mayor Caldwell then voted .
aye and motion was carried. Mayor
and council then voted to furnish the
churches of the city with water free,
provided they pay for tapping.
On motion made by Diederick, sec
onded by Wolfe, bill of city against
Mr. Holliday for S70 for liglitingchau
taiujua grounds last summer was re
duced to $50.
Councilman Wolfe then introduced a
resolution requiring the street railway
company to raise their tracks to grade
and put in blocks for crossings in the
OLIVER 1). HEDGE
Who received a larger majority than anyone else who has
ever been a candidate for Sheriff of Webster County.
places where crossings have recently
. . .
iiccii pui 111 ny me cuy.
The following claims were allowed
on their respective fvnds. M i
K A (!,'l!l'', S'"- , bi::rr:c-:":''::?i-:r!-:ft:-x''ii
W . llrown 100, .,,,,,,.,,.....,.,,.
in,, . 1 KI5I.M. OIIAVhii
'" , ' Manied, last Snnday evening, at 7 j.'M.i
Oscar Hurroui'hs S.') J. . . . . ' . , .. , .,
,. , h o clock, nt the home ol .Intnos Houon-
JO Hiltler .".0.. ,. .. ., ,, ... .. . ... .
,,, .... . riel, Hev. fjeurge . Hummel olllcia-
W in. bind cy '',... i-. . .11 t-
.... .;. - ting, E.v-Coiiuty .ludge A. II, Isuenoy
', ' .,'
1-1 Tail '.'00
..-,,,,. ...
Chief Hub. Co 1 00
Kulton (irocerv Co H.tt.V,
.Ino. Oriimii 10 :,0
Win. liohrcr .'()()
Wm. Mayes ; :. 10
("has. Allsop.. 7 l."
II UOriee H) 1ft
.1 O Hutler DO l."
.1 W Kinsel i:. 00
.1 ) Caldwell v ,,r, .-,0
.las. IVterson 'i' ..."
l'oinliaiier Coal Co '.''1 lit
.1 O Hutler 110 .V.
(ilobc Oil Co 10 00
A .) Tomlinson :'i 00
Western r'lcetric Co X'O SO
K W StudcbaTtcr 7:.0 7S
(!uy Hradbnxtk I!0 .10
FMFearn .'.
Win. Mayes ,.
Id oil
..'.'.jiri
,1100
, 10 00
.'S') 70
, 0 00
1
Wolfe ,v Hcardslee. ,
Hcrnard MeN'eny.,
Saunders Hros
Dr.. Damcrell
I' W Studebakcr 17 or.
(ieo. W Hutchison '.) i)1.'
Real Estate Transfers.
For the week ending November 6,
1907, as furnished by the Fort Ah
struct Company.
Henry Boyd to Lincoln Land
Co mid "J iic.ne4 1 8-4-1 1
wd town site
Walter A Shenvood to K i
Anshute lots 1-2 blk 22 Red
('loud wd
K A Hedfoi.d to Henry N Rut
ledge lots 1-2 blk 22 Red
Cloud wd
William H Prather to Loren
zo Thomas e2C2 ne.j and
00
600
e2V2C2 ue.i jn-vio wil . . .
1 -too
Kansas Cilv Trust Co to (' I
'
i 11 i . ill
kochler lots ' 10 block 1
Roluers add to Blue
deed
(ill
M
.
J,,lla A lmc to t'rancis
V-M,,v hC4!,l-l -''' V mi
Chailes W Kuley to I'"' K
"'"I ! .. . ,. . . O . ... 1
Keeker 1104 12-1 1 wd ....
Maxwell C Fulton to Royden
B Fulton nw 31-1-12 wd..
6000
1600
$13,001
365
745
Mortgages Filed
Mortgages Released
At any time during the day someone
will be at K liter's carpenter shop to do
all kinds of shop work, saw filing,
turning, etc.
'53X-::''KM?a'S,P:X''::v;v
M
-j -. 1 j j, f fj
t W GQCllllQ dGIIS
4
;und Miss Ultima (Iraves, both of this
, fl ..,..,
place, lie principals 111 the .joyous
iij... nil n .1
fitftiii liti 1 itiittmilifitiil tiflni 1 in urn i.
, ' , :' , '..,.
niony for Denver, which will be their
homo hereafter.
Mrs. C. L. tolling Bead. '
Mrs. C L. ( 'ottiug died at the homo
of her brother, C. K. Upson, with
whom she had been visiting, nenr
Uristol, Wis. Her death was the result
of shock and exjmsute experienced
during 11 lire several weeks ago. at
tho residence of her brother, at which
sho was staying. Pneumonia set in
soon after, and was not at llrst thought
to be serious, until a short time before
her doath. Her husband was imme
diately notified, and arrived in time
to bo present nt his wife's bedside
during hor last hours'. Mrs. .Tames
Mitchell and Miss .Jennie Cotting, her
daughters, both of this place, left Sat
urday morning in response to an urg
ent message, but failed to arrive in time
to be present at their mother's death
bed. Tho remuins were brought, to Ued
L'loud 'Wednesday for burial, and the
funeral is to be held this afternoon at
'2i'.i0 o'clock from the home, in chaige
oT Rev. A. A. (.'rc-smuti, pastor of the
Congregational church, of which Mrs.
Cotting was an active member, and hi
tho uU'iiirs of which she was an anient
worker.
Amelia Upson Cotting was born at
Bristol, Wis., Sept. Jri, kS.'iO, and died at
hor birthplace Sunday, Nov. .'1, l!07,be
ing at tho time of her death fifty-seven
years of age. She leaves a husband,
two daughters and 11 son, Hdgar, the
latter living at Chicago, and who was
present at his mother'sdeath, to mourn
the loss of a faithful wife and ii' loving
mother.
.Miirrlum l.lcciite
The following marriage licenses
were issued this week by Judge Kd-
KOIl,
Albeit H. Keeney and MUs
Rachel K. (! raves.
Charles Devlin ami Grace' A.
I'lliot. Married by Father D (I.
Fitzgerald.
Alonzo H. Kincade and Miss
Agnes IS. l'eiry, Married by Judge
Edsun.
Ntlce.
The Ued Cloud Investment Co, will
advortiso western Kansas and Nebras
ka, tho Piiuhandlo (Texas) and the Pe
cos Volley (Now Mexico) irrigated lands
next week. Look for their ad, as it is
11 good proposition for you. i
.
rt
."
ajtTty"
.-).
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