T . . Vl-V.- THE FALLS CITY TRIBUNE. Vol. Ill FALLS CITY , NEBRASKA , FRIDAY , AUGUST 3 , 1906. Whole No. 134 . , f i. < r Catastrophe Averted. In response to a fire alarm1 about 10 o'clock Monday morning our uniformed fire brigade made a good run to the Cleveland department store from which the smoke was pouring. The fire originated in a closet underneath the stairway , in the dry goods department , where the bales of cotton are kept. Mrs. Cleveland had opened the . door to secure something from the small room or press and struck a match , the place being so dark. The head of the match snapped off and fell amongst the cotton. By carrying pailfuls of water the fire was confined to the cotton , none other of the immense stock of goods being touched. The loss was .not very large , but had the fire gained any headway , in all probability the entire block- would have gone. Anyway it was too close for comfort. Tradedy Will Soon Close. About seven months ago the Tribune contained an article telling of the sorrow in the Harvey Bauer family at Denver , caused by the attempt on her own life of Lottie Whitmer Bauer. Later we gave an ac count of the death ot Baby Gladys , the innocent cause of the sad affair. At that time it was thought that Mrs. Bauer would recover but this has proved a vain hope. Lottie was well known here having lived near this city many years and has a host of friends to whom she was very dear. Her Her wrecked life causes pro found regret in Falls City cir cles. Soon Lottie Whitmer Bauer will be with her baby Gladys , and the husband and father will be left alone within desolate home. The following clipping was taken from the Denver Post. Slowly wasting away , totally helpless and insance , Lottie Bauer lies dying at the county hospital. Her wild ravings have died away to mutterings and she does not know even her husband , Harvey Bauer , who is at her bedside whenever the rules of the hospital will per mit. mit.She She has ceased to call for the baby Gladys. She will be spared the pain of knowing the baby is dead. For Lottie Bauer will never look with under standing eyes on anything of earth again , and her wrecked life will flicker out before many days have passed. Just seven months ago Mrs. Bauer was a happy wife and mother. On the day before Christmas an ugly thought en tered her mimd. She was often temporarily out of her head. She might some day harm her baby daughter Gladys , six weeks old. The thoughn stayed with her , grew upon her land at last she dropped her Aork of decorating a Ghristrnz s tree and , seizing a pistol , . sent a bullet through her brair. The bullet did not ace nnplish its work and she was sent to St. Luke's hospital hoVvring be tween life and death. She rallied and it was thought she would recover. But day by day her brain clouded more and more and at last she was taken to the county hospital , insane. That was last February. Only the best of care has kept her alive that time , but in spite of it she is slowly wasting away. Her brain is hopelessly wrecked and were she to recover she would always be insane. Long before the doors open on visiting days , her husband comes to the hospital and as soon as he may enter , goes to his stricken wife , spending the day by her bedside. . . . . - * * * fliflHfa [ | _ Victim of Accident. ' Becoming frightened at the dropping of the neck yokcnear the ' school house last Saturday after noon , the team of W. A. Mar grave ran for four blocks before they could be stopped. Running through the yard at the Case } ' home they plunged into a fence but extricated themselves and dashed down Cameron's hill being stopped a square and a half from the bridge at the foot of that hill. Mr. Margrave was thrown from the buggy during the runa way and one of the irons on the singletree was driven into his leg just above the knee. The horses did not stop , thus tearing the iron out again , inflicting an ugly wound. Mr. Margrave was taken to Dr. Miner's office and received the best of attention , and was able to be taken to the ranch that evening. The buggy sus tained a great deal of damage. W. A. Margrave Dead. As a result of the injuries received - ceived in a runaway last Satur day W. A. Margrave died at the iiome of Elmer Hoselton in Pres ton Tuesday afternoon. Mr. Margrave was one of the best known men in Richardson county , having lived here since early boyhood. By superior business judgment he massed a large fortune and wns consid ered one of the wealtiest men in southeastern Nebraska. He was heavily interested in Rich ardson county real estate and owned one of the finest western ranches in the state. He leaves three sons , one daughter and bis widow to mourn his loss to whom the sympathy of their many friends goes out. Fish in the Wheel. A. L. Daggett , the miller at Salem , has been bothered for some time by the fish getting into the mill wheel at that place. He has removed over 800 pounds of chopped up fish from there in the past ten days. Friday he had a rack installed and will not be bothered in the future by such a haul. Mr. Pollard Speaks Out. At Mr. Pollard's solicitation ami with a view of justice to all we sub mit the following : Judge Reese was asked for his opin ion of the Pollard case. He said : "You ask me what I think of the pretended charges that are being made against Congressman Pollard. Well , I can tell you in a few words. " 1 think they are puerile and child ish. I am certain that there is not a man who is trying to make capital out of this , who would not have done the same thing. The law is plain that he was entitled to it , and the same thing has been done in all similar cases. The law was enacted long before he was elected , and salaries universally hai ! been paid under it. Each senator a IK' congressman draws his salary from the fourth of March following his election , but he is not sworn into office until the meetinfl of congress in December fol lowing. "You will remember that in the prosecution of Senator Dietrich the federal court decided that he was not a senator until he took the oath of of ficc , 3et all senators and members o : congress draw salary for and during the time after the fourth of March am until the oath of office is administered Mr. Pollard was sworn into office a the same time other members were sworn. There is a specific law tha members elected to fill vacancies bhal draw salary from the date of the be ginning or inception of the vacancy Every congressman so elected is en titled to it , and they all draw it , re publicans and democrats alike. Then why should this charge if charge i may be called be so studiously iter ated and reiterated against Mr. Pol lard ? Little Willie climbed the fence , An apple tree be spied , He ate bis fill , then took a pill That's why he never died. ,1 HE SHOULD PUT IT BACK. Congressman Pollard admits that he drew the Si900.00 as con gressman for the four months and fourteen days before he was elected , but justifies his conduct on two grounds , vise : Precedent , and that the law permits it. He lias at no time discussed the morality of such conduct , icither has he attempted to say that he earned the money. Ilun- Ireds of letters have been written by him within the last week to he voters of this county asking for instructed delegations. In lone of these letters does he oiler any explanation of his conduct , icither does he express any regret that his avarice has humiliated he part } ' and his friends. We do not know where his precedent comes from. We do know hat no member of congress from this state has ever attempted to iraw salary for services never performed. Moses Kinkaid was elected to succeed William Green in tlte sixth district of Nebraska , le drew salary from the date of his election and not from the time acancy was created by Green's death. M. L. Ilayward was elected United States senator from this state after the term of his predecessor had expired , and was there- br elected to fill a vacancy , lie drew salary from the date of his election and not from the time of the expiration of his predecessors erm. These men were not looking for a precedent that would give hem money to which they were not entitled. Even if there is a precedent there is no sufficient excuse. Precedent does not make wrong right. There would be no crime today were it not for precedent. Precedent makes crime but it doesn't excuse it. If one man had not killed another the great commandment , 'Thou shalt not kill' would never have been uttered. Murder is nade a felony in every state of the union today because of precedent. If no theft had ever been committed the table of the laws would icver have contained the commandment , "Thou shalt not steal. " Larceny is a crime in Nebraska today because of precedent. If all men had been honest the great American , Theodore Roosevelt , would not have been working about eighteen hours a lay for several years to put down graft. The good citizens of all parties are today fighting graft because of precedent. No wrong is known to man that has not a precedent , for if here were no precedent man would not know of the wrong. Mr. Pollard can find ample precedent for graft , too much prec- lent in fact. The fact that John Jones has committed the same , vrong furnishes no excuse for Will Black. Some of the congressman's defenders are claiming that the law justifies the salary grab. In this they are mistaken. Mr. Bushncl of Lincoln ex-postmaster and ex-editor of the Evening News ; the lead of Pollard's press bureau and always a strong supporter of Pollard , published a letter in the State Journal which may be found on another page of this paper which ably discusses the legality and norality of Pollard's conduct. To that we will add a word. The statute under which a justification is attempted is section 51 of the United States statutes and reads as follows : "Whenever a vacancy occurs in either house of congress , by leath or otherwise , of any member or delegate elected or appointed hereto after the commencement of the congress to which he has been elected or appointed , the person elected or appointed to fill it shall be compensated and paid from the time that the compensation of his predecessor ceased. " Mr. Pollard says he is not a lawyer but is a farmer and there- ore cannot be expected to know about the law. If there is a farmer reader of this paper that cannot understand this law , to say the east , lie doesn't possess the necessary qualifications for congress. You will note that the vacancy under the above law is a vacancy created by death or otherwise after the commencement of the con- ress to which the vacating member was elected. Burkett was the vacating member. lie resigned in January and did not qualify as congressman at all. In that congress the first district had no member. Mr. Burkett was qualified and answer ing roll call over in the senate chamber. Therefore Mr. Pollard was not elected to fill a vacancy created after the commencement of congress. That session of congress , and Mr. Burkett was elected to that term , commenced March 4th. On that day Burkett qualified as United States senator. The vacancy existed at the commencement of congress and was not "created after the commencement of congress.1 Look at the law a little further. It says , "the person elected or appointed to fill it"the vcaancy"shall be compensated and paid from the time that the compensation of his predecessor ceased. " The salary of Pollard's predecessor never ceased for the very good reason that it never commenced. He had no predecessor in that congress. Burkett never drew a dollar as a member of that congress. lie was drawing a salary for all of the time between March 4 and July IS as United States sena tor. Consequently the lav/ cited by Pollard's friends as sustaining his grab is exactly against him. Fortunately the United States supreme court lias construed this section. This court says it means just what every man with ordi nary intelligence knows upon reading it. ' We quote the following from the case of Charles II. Page vs. United States cited in 127 United States supreme court reports at page ( > 9 : "The proper construction of sec. 51 of the Revised Statutes in regardto a vcaancy in congress , is that the predecessor of the person elected must be a person who was the predecessor in the same congress. " Under the law Pollard would have been entitled to salary only from the time his predecessor's salary ceased. The supreme court says that that predecessor must be his predecessor in the same con gress. If Burkett had qualified as a member of congress on March 4 and had served say , until June 1 and then resigned , Pollard wouh have been entitled to salary from June 1 for the reason first , that Burkett having qualified he was Pollard's predecessor in that con gress ; second , Pollard would then be entitled to salary from the time the salary of his predecessor ceased , or from June 1. As it is however , Pollard had no predecessor in that congress. There was created no vacancy after the commencement of congress The salary of Pollard's predecessor never ceased because he had no predecessor , and Pollard was entitled to salary only from the date o his election. But he drew a congressman's pay for four months before his election. We have gone thus fully into this unfortunate matter because the county convention meets next Monday and we believe the part ) is entitled to know the facts before acting. Mr. Pollard is asking for an instructed delegation and it is for the party in the county to say whether he is entitled to it or deserves it. We believe Pollard ought to put it back. Death Record. Eurly Thursday morning , July 20. 11)0(5 ) ( , the soul of Mrs. 311en Davisson shed its earthly garment and at FJiH : ) o'clock vended its way to the pure , ethereal Home beyond the Tomb. Mrs. Davissou had jecn ill for some time but it vas not thought to be so serious Her demise causes sorrow not only to the immediate relatives but to a largo circle of friends. Elleu Wilson was born in Lawrence in 18IM where she massed her girlhood days. At .he age of eighteen years she vas united in marriage to Na- luiniel Davissou. The young couple-resided at that place uu- til the year of ' 05 , when they uoved to Platt County , Miss ouri , where they enjoyed ex cellent success. In the spring of ' 07 Nathaniel Davisson and A'ite moved onto a farm four niles south of this city , mak- up her residence there of thirty-nine years in duration. Eight children came to make glad the married life of this worthy couple , all ol whom are iving with the exception of one son. J. 0. Duvisson who died eight years ago at Cripple Creek. The life of the Davisson 'amily was extremely pleasant , only love and sunshine finding in harbor beneath the home roof. roof.But But sometimes the sky must je darkened and twenty-three years ago the husband and 'ather passed Death's portals. Mrs. Davisson by her loving care made the home still bright. She was a.i oxcellant woman ind won the love of a host of icihhbors , friends and acquaint ances , and at the Call of the leaper her star melted into a jright and beautiful west. She eaves three sons and four [ laughters : Mrs. Mary .Jones , of Ilickman , Nebr. , E. , T. Davis- son living north of Sabetha , Mrs. Carrie Russell , living south of Axtell , Mrs. Carrie Bunch , near Merrill , Joseph Davisson , Oswego , Kansas , and Frank Davisson an invalid at Excelsior Spring , Mo. Mrs. Tabitha Ellen Wilson Djivisson was born June 28 , 383-1 in Lawrence County , Ohio and died July 20 , 1900 at her liome four miles south oi Falls City , Nebraska , aged 72 years month and 3 days. Funeral services were conducted at the home , Saturday afternoon , July 38th , at 2 p. m. Rev. W. TCline having charge. Interment took place at the Steel Cemetery in the presence of one of the largest funeral concourses we have ever wit nessed. Just fifteen minutes after the clock had struck the hour of four , on Saturday morning , the soul of Clara E. McNamara passed from its earthly home We know that some time some where we shall see the hands beckon us to that now shadowy land , and so thin is the veil between'the mortal and the immortal that the "whis pers of God can be heard by the children of men. " Some times it seems that the wronj , thread is broken , that possibly we could have chosen a life tha would have caused less mourn ing , but we only surmise a fail ing thought Surrounded in childhood by the purifying inlluences of a good home , growing up to womanhood with bright oppor tunities and finally bein crowned with the love of a good honest man , Clara seemed to be thrice blessed with earthly Measures , She enjoyed a large circle of friends on account of icr kindly , frank and generous lisposition to all of whom life s lonelier since she was taken iway ; the mother who -has ) een called upon to part with ler beloved daughter whose vay she has guided Irom the irst faint infant cry , on through isping childhood , to the loving councils of womanhood ; the 1ms- jarnl who has been bereft , after our short happy years of vedded life and now looks vith saddened heart on the broken earthly paradise. The wo little girls will never know nother's tender love and care. Other hands may soothe and comfort but mother's are for ever stilled. Beyond the seen lies the un seen ; upon the shores of time break the waves of eternity. Clara E. McKiever was born * " * Tuly 12 , 1872 , at Peterborough , Ontario , Canada , where she ivcd until she was nine years of age when her parents moved , o this city. On April 28 , 1002 , Clara E. McKiever was married to John . McNamara of Chicago , they caving immediately for the pretty home he had prepared in hat city. To this union were born two laughters , Alice , now three years old , and little Louise , aged eighteen months. The mother and children came about he first week in July for a visit vith her mother , Mrs. Mary McKiever , in this city. Two weeks ago Clara was aken ill and on Tuesday , July 28 , the husband was telegraphed and came the following day , ) eing with her constantly until the end. Clara McNamara died July 28 , 1900 , aged ! M years and 10 lays. Funeral services were con- lucted by Rev. Bex from the atholic church at 10 a. m. , on Monday , July 30th. Interment was in the Catholic cemetery .wo and one-half miles east of this city. To the sorrowing and stricken uisband , bereft so soon of his wife and companion , leaving lis home so completely shat tered ; to the little girls who will never more hear mother's gentle voice so full of love ; to the mother who has lost her eldest daughter whom she watched so tenderly in her life from the cradle on ; to the sister and brothers m their sadness and grief we extend the sympa thy of true friends. Among the out of town people in attendance at the funeral were ; Leo McKiever , Tom Mc Namara , Mrs. P. D. O'Brien and son , Bert , Maybell Clark , all of Chicago ; Mrs. Ellen King , Mrs. L. L. Lohr , of Omaha , Mayme and Tom Riley , of Dawson ; Anna and L. A. Ryan , jr. , and L. A. Ryan , sr. , of St. Louis. Early Wednesday morning occurred the death ol Mrs.Fred- ricka Weinert at the home of her daughter , Mrs. Fred Scholl. . She was taken ill very suddenly on Tuesday , living but a few hours after the first symptoms of illness. Mrs. Weinert is well known , in this city and surrounding country having lived near here for many years. The deceased was quite aged being 78 years , 9 months and 19 days old when the messenger extinguished her life llarae. Funeral services were held from the Fred Scboll residence north of this city , Thursday , August 2 , 1900 , at 1 p. m.