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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.