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About Custer County Republican. (Broken Bow, Neb.) 1882-1921 | View Entire Issue (July 15, 1909)
IV ; i : \ JOSTER COUNTY REPUBLICAN , VOL. XXVIII BROKEN BOW , OUSTER COUNTY NEBRASKA , THURSDAY , JULY 15 , 1909 NO , 6 NON-PARTISAN LAW ANNULLED Supreme Court Declares it Unconstitu tional. CANDIDATES FILE FOR PRIMARY Two Members do not Concurr in Com plete Opinion Handed Down by Court. The noupartisau judiciary law enacted by the last legislature was declared unconstitutional by the Nebraska Supreme court Monday afternoon. This act prohibited the nomination of party candidates for the judiciary or for state or county superin tendents but held that candidates for these positions should go on the ticket this fall at the general election by petition. The action of the court jn declaring the law unconstitutional will mean that all these candidates will have to file as candidates-tor party nomi nation at the primary , August 17 , or get out of the race. The > * time for filing will be up next Saturday. The court handed down the following memorandum : "The members of the court were of the opinion that the provisions of the act under con sideration prohibiting political parties frbm in any way what soever endorsing , recommending , censuring , criticising or referr ing to any candidate for the office of chief justice of the supreme court , judge o/ , the PN ; district court , county judge' , regent of the state university , superintendent of public instruc tion or county superintendent of public instruction , are void , be ing in conflict with and repugent to section 5 of article 1 of the constitution , being- the bill of rights , which provides : "Every person may freely speak , write and publish on all subjects , being responsible for the abuse of that liberty. " And alho srct\on \ 19 , of article 1 of the constitution , which provides - vides : "The right of the people ple , peaceably to assemble , to consult for the common good and to petition the government , or any department thereof , shall never be abridged. " COURT NOT UNANIMOUS. One member was of the opin ion , however , that these provis ions of the act were not properly before the court for its consider ation , and not necessary for a determination of the case. Four membeis of the court were of the opinion that the act might be sustained if the foregoing were the only defect therein. Five members of the court were of the opinion that BO much ot the act under consideration as pro hibited more than 500 elec tors of any one county signing the petition of any candidate for the .Qlce of chief jubticfc 01 judge if the supreme court was If' void , being- repugnant to section 32 , article 1 , of the bill of rights , which providtt : "All elections shall he free ; and there shall be no hindrjrcr or impediment to the right of a qualified voter to exercise the elective franchise. " Four members of the court were of the opinion that the aforesaid limitation formed an inducement to the passage of the act , and that the entire act must fall. One of the members not con curring in the judgment , is of the opinion that the aforesaid limitation is void , but that with such limitation striken out the act can still be sustained. The remaining member of the court did not consider such limi tation void , but maintained that the act is valid. The majority of the court holding that the act is void , the judgment of the district is af firmed. HCPSC , C. J. absent and not sitting. HEATING PLANT WILL BE INSTALLED In Court House to Take Place of Office Stoves. Custer Township is Divided Four Road Districts in Douglas Grove Township are Joined in One Large Large District. The'couuty board of Supervis ors held , a short session this week with all members present except,4Grint , of Sargent , who was kept at home farming. The board voted to install a heating plant in the court house to take the place of the stoves now used. The members believe that this will mean a saving in fuel and it will keep the offices cleaner and make more room for work. The contract for installing the plant was awarded to Ivcam Bros , at $1680. Anderson and Forney , W. D. Grant and O. II. Conrad were also bidders for the work. Ream Bros , were three collars higher than Conrad , but the board considered Keatn's furnace to be better , The furnace to be put in by4 Ream will be con structed of stdel instead of cast * iron and will be inclosed in brick instead of a jacket. A petition from the voters of Custer township asking that the township be divided , into two townships was acted upon favor ably. Hereafter the six by nine mile strip running- cast and west south of Broken Bow town ship will be called East Custer and the balance will retain the old name of Custer township. Jerome Taylor was appointed clerk , A. Wolf justice of the peace , and R. L. Briggs treasur er of East Custer to serve until the next election. The four road districts in Douglas Grove township wen ; combined to make one road d's- trict. This action was taken in response to a petition. MORE CANDIDATES GET IN PRIMARY Do a Rushing Business During Clos'iig Week. The pist week has been a busy one for the candidates. EleN n men have filed as candidates ft r office and several more are ex pe.cted in the next two days. John Haney , of Merna , James f.ee , of Berwyn , and F. A. A ins- berry , of Mason City , have fiL-d as c-andidates for register of deeds. These are all Fuiionists J. L. Ferguson , of Comstocb , and M. L. Lamb have filtd for surveyor. Ferguson filed as A R publican aud Lamb as a Fu aionist. W. W. Waters , of Westcrville , and Garland E. Lewi ? , of An- selnio , filed as Republican candi dates for county superintendent. N. D wight Ford , of Ansley , and J. A. Armour of this city , will go on the primary ballot as Re publican candidates for county judge. George Headley filed as a Populist candidate for county supervisor in district No. 6 and Ed Foley , of Merna , filed as a What Happened March 4th. fusion candidate from district No 4. Joe Wilson , of Ansley , was in the city and got the necessary papers for filing ar. alTusiou can didate for sheriff anU he will probably get in before Saturday night. Bert Rogers , of Mason City , may also file as a Republi can candidate. F. H. Wood , of Oconto , is expected to file as a Republican candidate for super visor from districtNo. . 6. Prof. Grimes , of Callaway , may get into the race as a Democratic candidate "for county superin tendent. - , BEN TALBOT IS NOT INSANE Insanity Board Advises Him That he Needs Rest and Recreation. Ben Talbot , of Berwyn , was taken before the county insanity board Tuesday morning- com plaint. A number of witnesses were summoned from Berwyn to testify as to his mental condi tion. The testimony showed that he had always been a hard working man and , that he was probably Jworking harder now than he'had ever been , though he is now about fifty-nine years WILL ORGANIZE RED MEN LODGE IN THIS CITY SATURDAY NIGHT Col. J. G. Allbright , Of Omaha , Will Kindle The Council Fire Saturday Night in Odd Fellows Hall. Col. J. G. Allbright , national organizer of the Red Men , will establish a tribe of his order next Saturday night at the Odd Fellows hall at 8:30. : Mr. All- * bright was assisted in procuring desirable material for the char ter by several prominent citizens. II. Saudcrs , E Molyneux , W. A. Mchnke , and W. J. Rupert. Palefaces recommended by any member of the foregoing sifting committee becomes elegible for membership and when passed upon by election will be recorded upon the charter. The sifting COL. J. G. ALLBRIGHT The charter membership com mittee who will pass upon the elegibility of applications are J. W. Craig , L. E. Cole , C. W. Beal , Clark S. Waters , Herbert G. Myers , S. R. Lee , J. L. Hollandsworth , W. B. Kennedy , J. W. Campbell , W. M. Swan , A. committee is authorized and directed to invite their friends to the first Kindling of the Council Fire , who , being present on such invitation may subscribe their names to the charter peti tion to be considered as an applicant. of age. His wife testified that he slept very little lately and rose for work soon after mid night. She said that he went to bed a few days ago at about 9:30 : p. m. and got up a little after 11 p. m. and lighted the gasoline stove aud began making prepara tions for her to get breakfast. She had sonic trouble getting him to put the fire out and he then took a lantern aud went out to unroll some hog wire. He spent the balance of the time un- il daylight unrolling wire , feed- ng his horses , etc. She testified that he was always a hard worker but that he never worked as hard or as long hours as recently. Other witnesses testi fied that they thought his men tal condition sound aud that his ack of physical strength de manded that he have a rest and nedical treatment. The insanity board did not find him insane. The board , lowever , took steps to see that Vlr. Talbot takes a vacation from work in order to give him a chance to recuperate. SMALL CHILD LOST IN HILLS Wanders About in the Vicinity of Lo- max Two Days. The two-year-old child of Mrs. Myrtle Troyer , of Lexington , who has been lost in the hills .wenty-six miles northwest of , hat place , was tound early this morning after a search of forty- two hours. Mrs. Troyer was visiting at the home of a brother living north of Lomax. Tuesday while she was absent from the house , the child wandered away and all efforts to find it were un availing. Bloodhounds and about 200 people joined in the search. The bloodhounds finally ocated the child in the hills. When it was found it appeared to be but little the worse for the exposure. The bloodhounds used in this search belonged to the firm of Cole & Malcolm of Lincoln. This is one of their successful searches in the past few months. Nebraska State Journal. REV. DR. BAILEY GETS PROMOTION Accepts Call to line , Pennsylvania Church August lit. Formerly Pastor of Church Here. Change Prom Washington Church Means Additional Salary and Better field lor WoiL Riv Dr. Gfor e Bailey , son of John Bailer , of this city , has re- c-ived a Cdll to the Central Pres byterian church , of Erie , Pa. Dr Bailey went to Washington , D. C. in 1905 to accept the pas torate of the Western Presbyter ian church ol Washington and lias been there since that time. The Pennsylvania church to which Dr. Bailey goes , is in a iloululling condition and the call tncaus a promotion for Dr. Bailey. He will receive quite a rake in salary and wiH have a$16 , 000 manse to live in. He will take up his work at Erie , August 1st Dr. Bailey stated , in tendering his resignation to the Washing- tun church , that he believed that the opportunity for service is greater in Erie than in Washing ton and he was eager for the change for that reason. A Washington paper of las week cantained the following : "The Erie church is in a flour ishing state , and has about 900 members on its rolls , with a Sun day school of over 1,000 pupils ( Continued to page 8. ) ELEVEN YEAR OLD BOY IS KILLED Three Boys Handling' a 22 Calibre Rifle Accidentally Discharged. CORONER'S INQUEST is HELD Coroner Cole Not Satisfied With Verdict of Accidental Death Through Care less Handling of Gun. Corouer Cole was called to the Crist home tcu miles northeast of Mason City Sunday afternoon o hold an inquest over the dead > ody of little eleven-year-old fohnuy Gill who was killed with a 22-caliber rifle by George Crist , r. , the eleven-year-old son of George Crist. , The Crist boy and his cousin and Johnny Gill were at the lotne of Levi Crist and the par ents were away. George Crist shot Johnny Gill with , his rifle , the ball1 entering- the left side , piercing the heart and 'passing- ' through the body and lodged in the right arm. The boya telephoned to the neighbors that the Gill boy kad shot himself. Coroner Cole was summoned and at the inquest the boys at first stoutly main tained that the Gill boy had been handling the rifle and had accidentally shot himself. After cross examining' them for some time Cole was able to get the boys to admit that' George Criss was handling the rifle at the time the fatal dis charge was made. The boys claimed that they were in the bouse together at the time and that the Gill boy ran outside after he was shot. George Criss claims that they could find but one cartridge tor the rifle and that they had tried to shoot it at sparrows twice and it would not go off. Then in a playful way iic pointed it at the Gill boy telling ing- him that he was going to shoot him and the shell went off. There is some evidence to show that George Criss struck the Gill boy with a whip and that he : hreatened to use a knife on him though the boys insist they had had no trouble. Coroner Cole is not satisfied with the verdict of the coroner's jury , declaring it to be acciden tal death , and has Bworu out a warrant for George Crisa arrest on the charge of murder. County Attorney Gadd b holding the warrant-wailing to bee what testimony may develop tu justify the arrest. 3 MEN CHARGED WITH BURGLARY Are Accused of Breaking Into Car in Callaway. Deputy Sheriff Craig- went to Callaway Thursday afternoon to arrest three m n who had broken into a car used as a place of residence by some railroad men working in Callaway. He found the men about 2 a. ui. Friday morning in a spring wagon ia Trotter's buggy bhed on Taleen table. The men , when arrested gave their names as John Butler , Charles Rippe and Lewis Girty. When brought up for a prelimi nary hearing- the charge of burglarizing the car Saturday they waived preliminary examin ation and were bound over to the next term of the district court for trial. They are charged with having secured property valued at about sixty dollars. Rippe gave $200 bond for his appearance and the other two men will remain in the county jail pending trial , unless they are able to give bond.
