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.