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. lay . TI-IE FALLS CITY TRIBUNE
I ay 14 , 1904 _ _ - - - - , - - - - - - , -
w
't' About the Van Osdel Case
i : .i' It was certainly kind in thc
attorney for VanOsdcl to come to
,
: thc relief of County Attorney
; , ' Martin , in thc matter of thc sct-
tlcmcnt of thc claim of VanOsdcl
against thc county. Of course hc
I , would say thc settlement was a
i good one , for hc would have said
J
the same thing to thc board- of
f supcrvisors. VV'c cannot bring
ourselves to believe that this wit
ness as entirely ( lisinterested . for
surely , as thc attorncy for Vaii- .
I Osdcl , it was to thc interest of
both himself and client to get as
I t much out of thc county as possi-
blc. Hc says however that this
t. Settlement was against his advice
t : indicating terms rather plainly
f expressed , that hc could have recovered -
I covered c1. larger amount by thc
verdict of a jury had thc case
been allowcd to go on in thc dis-
trict court.
There was an easy way to have
prevented that settlement if that
attorney had been really in earnest -
@ , cst in opposing it. An he had to
do was to inform the board of
supervisors that they have no
lawful power to settle a claim
I arising on tort , against thc county -
i ty , and action on thc VanOsdcl
claim fJ ! : what the lawyers call
unliquidatcd ( lain ages , would
probably have been deferred till
1 the hoard could have taken legal
' advice on this point. 'Ve have it
on the best authority , that of the
supreme court of the state itself ,
thc word "claims" in Sec. 37 ,
Chapt. 18 of thc compiled laws ,
that a board of supervisors or
county commissioners may allow
against a county , do not apply to
dcmands arising upon tort ( that
is , , a wrong ) but only to such as
arise upon contract. There arc
\
numerous decisions in thc reports
of that court , and all to thc same
cffcct. VanOsdcl's de man d
against thc county grew out of
an alleged tort , and was cognizc-
able only in thc district court ,
where it was brought in thc first
plclce and where it should have
been tried , and thc verdict of a
jury had under the advice and
direction of a judge lcarned in
the law of such cases and thc
people would have been satisfied
with the rcsu1t. It takes it long
. time for the ordinary every day
citizen to earn 92,100. Thc sup-
.rcmc court has rcccntly decided
and rightfully too , that thc coun-
ty is not itn insurer of those who
use its highways , and if an acci-
dent happens through some
latent defect in a bridge one that
would be no more likely (0 at-
tract the attention of a road oYer-
seer , than a traveler on the high-
way , the person injured is not
entitled to rccoycr from the county
for' any damage thus sustained ,
hig.'is ' the ' horse sense of thc .
stat te' : " Van Osdel's case Comes
" , " , " "
' . . . . . . , : : . ' . ( " .
within hc class indicated in the
case referred to , and if it had been
properly tried in a competent
court hc would not have rccovcr-
ela single dollar Unless this
reckless waste of thc peoples
money is stopped , falling through
bridges may become a business
with certain peoplc. But what
this count ) ' most needs just now
is a competent attorncy.
Current Press Comments.
What ? In Auburn ?
Auburn is to have a barrel
fa .tory. The brewery will conic
1 ater- V crdon cdcttc.
A Winning lIand.
When ! it comes to practiced pol-
ities thc Merman church secms to
llush--Auburn Hcrald.
hold royal - -
.
oT Course - Not
\Thcn a fellow takes his best
girl out boating he locsn't.always
hug thc shorc.-H.obinson Index
In Hoc Silt nos.
'VC will have more confidence
in thc weather man's prcdietio
when wc s e a few hammocks on
the shady side of thc porch. -
Washington Post
. There are Others.
'he savage Filippinos at St.
Louis look upon the bright new
ten dollar bills as ornamcnts. The
savages arc 110t alone iu thc poss-
cssion of that kind of artistic taste
-Rulo H.cgistcr.
Out of Reach.
Up to this late no one appears
to have been able to reach far
enough to whittle way any of the
lead the Burkett boom has secured -
. .
ured for thc United States senator-
.
ship.-Norfolk News. ;
Wonderful Languase. .
An , exchange speakf' of a barrel
which when emptied contained a
certain number of cggs. The uses
to which thc English language
may bc put arc really marvcllous
Hmnbolt Leadcr.
.
Gentle lIint.
A late Atchison visitor who
made herself very much at home
in every way except assisting thc
family in doing thc work , found
an immense sponge in her trunk
and took thc hint she went home
-Atchison Globc.
The Accepted Time.
If the Russians should ever get
ready , but thc vital queston is will
thc Japs let them ? They may con-
cludc that thc time to whip an
eineny good and plenty is when
you have them on thc run.-Bluc
Springs Scntna1.
A Problem.
1\1ost ' People have abandoncd the
problem of computing ' How Old
. .
is A nn " and are now engaged in
estimating how much coin it will
. .
require to glVC "A nu"aweek or ten
days ot the St. Louis cxposition.
Besides thc latter problem the
first named is really casy-Neb-
raska City ribune.
.
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N1i THE WORLDS
' ' ! ' ' .J.
ii'I'rnk ROUTE
iu121 TO ST. LOUIS
r
AND I
THE EAST , : : . ,
Fast Trains Elegant Service
-
Rates to the St. Louis Worlds Fair as Follows
Season Ticket----------------------------------------- $ 6.25 I ,
Sixty day limit ticket---u--u---uu-----u------- 13.55
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Ten day limit ticket-------------------- _ _ _ _ _ - - _ _ 12.0 ! . . '
'
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Leave on No. 50 \\'ORLI'S FAIR SPECIAL
at S:45 : p. nm and arrive in St. Louis for breakfast. r0
change of cars. -
. . .
Leave on No. 52 at 3:47 : a. m. and arrive in St. .
Louis in the afternoon. , -
. Leave on , No. 59 at 2:4S : p. m. and arrive in St. 1 t
LOUIS at 7oo : a. n1. !
Stop-overs of 10 clays may . be had on all tickets . . . . : ) . ; - , ' "
reading through St. 'Lours. , . " , } 1
Extension of time limit may be had at St. Louis
applying to joint j agent and tying the difference be- .
tweem limit purchased and limit desired , plus 25 cents.
For further information see local agent. .
J. B. ARNER" " AGENTr
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An Open Letter.
From thc Chapin , S. C. News
-Early in thc spring my wife
and I were taken with diarrhoea
and so severe were thc pains that
wc caned a physician who prescribed -
scribed for us , but his medicine
failed to gh'e any rclief. A friend
who had a bottle of Chamberlains
Colic , Cholera and Diarrhoea
Remedy on hand gave each of us
a dose and wc at once felt thc cf-
fccts. I procured a bottle and be-
fore using the entire contents wc
were entirely curcd. It is a won-
derful remedy and should be
found in every household. H. A.
Bailey cditor. This remedy is
for sale by A. G. Wanner. 18-4
McNa..II's
GROCERY
Fancy and Staple
Groceries.
Fruit in Season.
Satisfaction Guar-
anteed.
Free City Delivery
Phone 40.
Storage for Household
and Other Goods.
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Big Horn Basin . .
Your spare time will be well " / , . . '
' , ' . . . . , : fI.
"
spent ifyoL-l will use it in making
a trip to' this new irriagted cotln- -
try. The United States will not
he long now in getting tinder , . : ,
irrigation an thc land that is .
subject to this class of farming , -
us it is becoming thc most pop-
ular way to farm for sure rcsults.
This country is i yet in its infancy-
and homeseekcrs should avail
themselves of this opportunity to -
get a farm 111 the BigHorn Basin.
Just now you can get the choice
of this land at a very low price ,
and you will be surpprised what ' . L- ,
a delay of it few days will do for
you in the price of this land.
Post yourself on this country
by writing for a booklet dccrip-
th'c of the Big Horn Basin and " : , 1
any . other information you may " ; - 1
.
deslrc. , " ,
_ J _ ' : Q
\\rc will make very , low'round' " :
trip rates to this country the first :1 ,
and third Tuesdays in ay. ;
J. Francis , General Passenger . :3 :
Agent , Burlington R 0 ute , "
I"
Omaha , Neb. 1-3
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All the local &
county news 52 . : ! \ '
weeks for $1.00 +
is what you get
when you sub = .
scribe for The . "
Tribune. : '
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