The Norfolk weekly news-journal. (Norfolk, Neb.) 1900-19??, December 18, 1903, Page 8, Image 8
NIlMfc'MI tf t1l TI -r NOHKOliK NMWS : KIM DAY , I ) ISC' IS Al HIM IS , HM ( County Treasurers Take Coin- mission From School Fund. STATE DOARD TAKES ACTION Dy Resolution of the Doard Attorney General Prout Ic Asked to Give An Opinion On the Legality of the Law. IKioni Krl'li.y'H ' . Dull ) . ] Hlnco Nebraska has been a state it linn been customary to pay county treasurers a per centago out of the school monies by thorn collected. At last It has occurred to some one that this IH contrary to the provision of the constitution which piovldes that all 'educational funds belonging to the state Hlmll remain forever Invio late and undlmlshed , the Ink-rout and Income whereof only are to bo used. hand Commissioner Follmor IH said to bo the man who brought the mat- ton to the attention of the board of educational lands and funds. The board took no action on the matter , but authorized a resolution to be drawn asking Attorney General Prout for an opinion on the legality of the practice of paying county treasurers a commission out of the permanent school fund. Thousands of dollars have boon paid out In this way. It IH hollovod thai the attorney general will give an opinion Haying that the practice IH not warranted by law. While1 It IH authorl/ed by fltalnto , It appears to bo plainly pro hibited by the constitution. The mi- promo court IIIIH decided , however , that the premium paid for United Spates bonds when the permanent Hchool fund Is Invested In such se curities should bo paid from the per manent fund. If the Htatute anthorl/.lng county treasurers to receive 1 per cent on all school monies collected by them Is found to he contrary to the constl- union , 11 win DU uimu unii'u iin in valid. If the opinion of the attorney general warrants the board In actIng - Ing a decisive stop may bo taken without delay. There has been no talk of trying to recover the commis sions already paid out , but the board desires to know whether the prac tice ought to bo continued. Constitutional Provisions. The resolution which will bo pre sented to the attorney general will call attention to the provisions of the constitution. Section ! 1 , article 8 , of the constitution , IH as follows : "Tho following are hereby declared to bo perpetual fundH for common school purposes of which the annual inorest or Income only can be appro priated , towlt : First , such per centum as has been or may hereafter ho granted by congress on the sale of lands In this state. Second , all mon ies arising from the sale or leasing of sections numbered li > and 111 ! In each township In this state , and the lands selected , or what may bo se lected , In lieu thereof. Third , the proceeds of all lands that have been or may hereafter bo granted to this state , where by the terms and condi tions of such grant , the same are not to bo otherwise appropriated. Fourth , the net proceeds of lauds and other property and effects that may come to the state , by escheat or forfeiture , or from unclaimed dividends , or dis tributive shares of estates of deceased - ceased persons. Fifth , all money stocks , bonds , lauds , ami other prop crty , now belonging to , the common school fund. " Similar to Boyd County Case. Under this and other sections of the constitution Land Commissioner Follmor refused to acquiesce in the deeding of 2,200 acres of land in Boyd county to settlers who claimed the land under the homestead law. The state had selected the land as a part of a grant from congress and Mr. Follmer contended that It be came a part of the school lauds and therefore the legislature had no newer or to authorize state officers to re linquish Its claim upon the property. A suit pending In the state courts to oust the settlers Is to bo prosecuted by Atttornoy General Prout. The supreme court has hold that escheated estates mentioned in thi action belong to the permanent school fund and the legislature cannot by special act devote the proceeds there of to a special subject. This is what the legislature has attempted ii : section 20 , chapter 2S , entttlei ! "Fees" wherein It provides that county treasurer shall , receive ono per cent commission on all fees col looted by him. The constitution , In defining wha constitutes the permanent schoo' fund , among other things Includes "all moneys arising from ( ho sale o : leasing" of school lands. Farther or tlio section refers to "net proceeds o escheated osfcites. " As there Is nc qualification in the first part of th section It Is assumed It means th gross proceeds of all moneys derived rived from the sale or leasing o school lands. ' Books Show Loss. The books of the state treasure and the land commissioner on the ! face show that part of the pormanen school fund never reaches the stat treasury. County Treasurer Knigh yesterday paid $22,000 In collection to the state treasurer. Of tlm " amount $12,000 was the principal o n- ( ! ui > Inn.IB While the f.tato Irons III ! actually IVCOlU'H $ ll.0i)0. ! tllO ook * of Lund Commissioner Follmcr .how ( lint Jta.iao Is iluo tlio state Tic $ nii never roar-he * the Hind- DoHMiiry. It IH retained by the county ireiiMiiror In accordance with Hoctlon j.i. . cliuplo-r 18. ! BtnUitoB of IllOil , IIH his oil" ppiTtuit commission. The Hiiptonto court IIIIH decided ihul Iho pruniluin for the purchiiHoof county IxinilH IIH nn Investment for the permanent school fund shall conic out of iho tuinpornry chool lunil and not front the pornmnunt fund. II IIIIH aim ) hold tlmt the pay ment of wiirrnntH out of the school fund IH unlawful. The liiHt loglsla- two atloinptod to rolmbiifHo Hovorul county treasurers for ever payinoulH to the Hchool fund by pausing an act that they Hhould bo reimbursed from Iho Hchool fund. State Treasurer Mort onsen doollnod to honor Iho war- ratilH on the ground that the leglsla- turo could not approirlato | money from the pormauont Hchool fund. Whore county IroiiHiirorH recelvo a cominlHHlon for colloctlui ; school fundu , they are able ( o not It because they take It hoforo the money IH In the linndH of the Htato troiiHtiror. Funds Inviolate. The Hocurlty with which tlio I'ram- ers of tlio coiiHtitntlon Intended to hedge about tlio school fnndH < f the state IH expressed In the following section ol the constitution : Hoctlon SI , article 8 : "All funds be longing to ( he Htato for educational put poses , the Interest and li no-no whereof only are to bo used , Hluill be deemed trust I'umlH held by the slate , iini1 the Htato Hluill supply .ill losses thereof , that In any manner accrue , so that the mime shall remain for ever inviolate and undlmlshed. And shall not bo Invested or loaned except copt on United Slates or state socur Hies , or reglslored county bonds of slate ; and such funds with the Inter CHI and Income thereof , are hereby solemnly pledged for the purposoH for which they are granted and sot apart , and shall not be transferred to any olhor fund for other uses. Lincoln Journal. RESISTS ULTRA VIRES PLEA Attorneys Take Poke at Krug Brew ing Company A Madison County Case. Lincoln , Dec. 11. Attorneys A. G. Wolfenbarger , S. .1. Tuttle and S. O. Campbell , the latter of Madison , have tiled a brief In supreme court In re ply to ono illed by W. V. Allen of Madison setting out a defense of the Fred Krug Brewing company of Omaha to liability on a saloon bond. In Madison county judgment for $2- 200 was secured by Mrs. Nora Lewis because of the death of her husband who purchased liquor of F. W. Horst and Fred Loorko. The brewing com pany was bondsman and sold the sa- loonmen liquor. Former Senator Al len made a hard light In district court and In supreme court ho sots up the plea of ultra vires against the signa ture of the saloon bond by the brewIng - Ing corporation. This is the first time such a plea has been made and It Is Interesting from the fact that saloon bonds throughout the Mate are fre quently furnished by brewing com panies who sell liquor to saloon men. In this case the bond was signed by L. 11. nietrlck. attorney In fact for the company. It Is alleged that there Is no proof that ho had the right to sign the bond and that the sig nature exceeded the no\vcr of the brewing company. Opposing attorneys in their brief say the proof of authority is unncc ossary as the execution of the bond by this attorney was admitted. They assert that the execution of the bond in question appears to bo designed to promote the brewing company's legitimate and profitable operation ind most especially so In connection with the facts established by the ov donee that the company owned the building wherein the saloon was op erated , and rented the same to the .irlnclpal on the bond , and furnished lilm with funds wherewith to pur chase his license and then sold him ts own manufactured products wherewith to slake the thirst of his customers. The attorneys argue that the brewing company Is stopped from pleading ultra vires because facts have been pleaded which make it 1m possible according to legal procedure duro for this to bo done. In this connection the brief says : "From4 this evidence ono conclustor only Is legitimate. The corporation defendant bought said property ; leased same to principal in the bom sued on ; furnished money for the II cense and obligated Itself on the bond to increase the market for Its pro duct , which object was thereby ac complished. To urge that it was done for any other purpose would bo humorous if not ludicrous. "Tho fruits and benefits of these transactions , de pending absolutely on the bond In question , it has had. It must not now bo allowed to escape Its liability thereupon. " Her Pocketbook Stolen. Hastings. Neb. , Dec. 15. Ono day this week a young lady school teacher employed in the city schools loft her pocketbook containing $20 on the counter in ono of the largest stores , while she went to inspect goods in another department. When she re turned the pocketbook was gone , and a careful search failed to reveal it. It Is supposed that it was taken by a petty thief In the gulso of a customer. Bohemian Farmer at Snydcr in a Sm sis hup. HIS BUGGY WAS WRECKED. Man Was Injured , but not Seriously , by Collision With an Engine Car Roof Blown off by the Wind Cow Catcher Wrecked at Oakdale. Snyder , Nob. , Dec. 12. Special to The Nows. A Bohemian farmer liv ing near here , Is very glad to bo allvo today. The local freight train , run ning between Cornlon and Scrlbnor , took the wheels from his carriage and nearly converted him Into a dead one. Ho had just left Conrad's mill with two Backfills of Hour and while there the miller warned him about the train. His horses , seeing the approaching train , stopped still , but the farmer whipped them up and ever the rails they went. Then the fireworks. The buggy was struck In the rear and badly smashed. The farmer was In Jured , but not seriously. Rolling Stock Wrecked. Scrlbnor , Nob. , Dec. 12. Special to The News : A Burlington freight car , with the roof entirely off was ono of the features of a freight train which pulled ln hero last night from Oak dale. The wind had torn the top away on the trip enroute. An engine without n cowcatcher was also drawn In this week. It jammed mod Into a car at Oakdale when ( he coupling bar was not In readiness. Alnsworth G. A. R. Elects Officers. Alnsworth , Nob. . Doc. 12. Special to The News : The members of Alns worth post , G. A. R. , mot Thursday evening and elected the following of- llcorn for the ensuing year : Com mander , C. F. Iloyd ; senior vice com mander , John Sullivan ; junior vice commander , C. A. Bally ; chaplain , II. G. Goddard ; olllcor of the day , I. Walker ; quartermaster , H. O. Paine ; sergeant , Robert Martin ; olllcor of the guard , .1. G. Klmball. RAN INTO A BAJtf WIRE FENCE ) cll Kirkpatrick of Ainsworth , Eight Years Old , Has His Eye Badly Injured. Alnsworth , Neb. , Dec. 12. Special : > The News : Doll Kirkpatrick , the Ight-yoar-old son of William Kirkpat- Ick , while out playing ran onto n arb wire fence and cut his loft eye o badly that the lid hung down on ho cheek. Dr. Summers was called ml sowed It up but It is feared that t will bo permanently damaged. DISTRICT TELEPHONE OFFICE Atkinson to Have a New Service to Towns West and North Busi ness Change. Atkinson , Nob. , Dec. 12. Special to [ 'ho News : Tlio Edwards Woods Grain company , who are running a u'ivato wire from Omaha Into the Hack Hills , will open an ofllce in At kinson. This will bo a district ofllco uid will furnish a fifteen minute tol- phone service to towns west and lorth as far west as Fairfax. South Dakota. Mr. T. R Shulllobotham , , vho will have charge of the district , ms arrived and expects to have the illlce open for business by January 1. The Mrs. Everts millinery stock ms changed hands. The purchaser ? are Miss Lowe of Chicago and Miss lalloy and Mrs. Harvey of Stuart. The style of the new firm will bo Lowe Ilailoy. The stock has been moved o the brick block on west Main street and will bo greatly enlarged. Atkiiibon boasts a now organisation u the "Atkinson Bowling Club. " The bowling alley has been leased for the season and is now in Ilrst-class condition. The club will soon bo in position to meet teams from ncig boring towns. ADJOURN COURT. The Docket Has Been a Heavy One This Term. Hartlngton , Nob. , Dec. 12. District court adjourned this morning In order to let the Judge commence his regular term In Dlxon county. They wore not able to dispose of ever one half of the jury cases docketed In this county. Some very Important jury cases are compelled to lay over until the next regular term , whlcl will commence the flrst Monday Ir March , 1904 , and continue three weeks. County Attorney J. V. Plerson of Ponca , Dlxon county : County Attor ncy V. D. Funk of Bloomflold , Knox county ; and C. J. n. Harris , fron : Yankton , S. D. , are In attendance at the sitting of the court. Mrs. Richard H. Eby and Mrs. Jack son P. Snow , the former of Hartln& ton and the latter of St. James , in this county , have gone to Sioux Falls , S. D. . where they will both undergo operations for cancer. These ladies are old settlers of Cedar county and their husbands were both soldiers In the war of the rebellion. Oakland's New Masonic Hall. Oakland , Neb. , Dec. 12. The Ma sonic order of this city , hold an in formal dedication of n new hall Wed nesday night , when largo delegations were hero from Tokamah , Decatur , Crulg and nil neighboring towns. Ini tiations ami degree work were the > rder of the evening , after which a general good time was had. Refresh ments were served. The now hall Is complete In every partlcularandlssninptlously furnished. Carl liorg and Miss Emma Johnson of Newman C5rovo were married nt the brldo'a homo Wednesday. The groom la n well known Oakland mer chant. MUST ANSWERFOR FORGERY _ _ William Hart Will be Drought to Dodge County From Oklahoma for Forging a Check , Fremont. Nob. , Dec. 12. William Hart Is unilor arrest nt Medford , Okl. , and will bo brought hack to Dodge county to answer a charge of forgery. Sheriff Hauman loft for Oklahoma on Wednesday to recelvo the prisoner and accompany him on the trip hither. The requisition from Governor Mick ey was duly honored by Governor Ferguson of the territory , and unless a fight Is put up by the relatives of Hart , who llvo at Mcdford , the shoi- Iff will start hack to Fremont with his man immediately. The offense with which Hart is charged Is the forging of a check at North fiend on November 25. It pur ported to have the signature of E. Maher , a farmer living near thoio , and was drawn for ? 18.15. Hart passed the check upon T. .1. Castle , a dealer in general merchandise. lie purchased a few small articles at Castlo'B store and received change In cash for the greater part of the amount. The chock was drawn upon a bank at Morse Bluff. Hart had boon doing farm work around North Bond for some months. Ho is suspected of having committed other acts of a criminal nature In the past. Ho will bo lodged In jail here until his preliminary hearing. BANK DIRECTOR HAS TO PAY Depositor Sues On Ground That He Placed Faith In Published Re port and Recovers. Columbus , Neb. , Dec. 11. The court nstructcd a verdict for $300 for the lalntiff in the suit brought by Peter 'hilllps , a Butler county farmer , gainst Louis Hahn , a director of the Bellwood bank , which failed in Janu iry , 1902. Hahn had signed a pub- ished report the previous month cer tifying the bank to bo In good , sound jonditlon , and Phillips alleged that .ipon the strength of this report he : Ioposited In the bank during Me months of December , 1901 , and Janu ary , 1902 , sums of money aggregating 1,900. The testimony of Mr. Hahn .vent . to show that oven had ho exer cised due caution'In keeping posted ivlth the bank's affairs ho was not the only one misled by the artful work o' ho men responsible for the failure , and among others were practical bus- ness i en. The case has attracted considerable ittontlon throughout the state ard ll probably bo appealed. Ono of the questions involved Is the oucnt if responsibility of bank directors in the actual business management of bank affairs , and the present vordlct is one to make directors duly cautious in tlio futnro about placing tV.flr names to instruments purporting to bo i true report of the condition of tholr banks. WANTS TO BE DECLARED SANE Mrs. Mabel Whitney , Who Escaped From a South Dakota Asylum is Trying to Prove Herself. Sioux City , Dec. 15. Mrs. Mabel Whitney , who made a sensational es cape from a South Dakota hospital for the insane at Yankton and n lonely and wearisome walk to Elk Point , S. D. , is demanding the restoration of her legal status as a sane person. 1'ho middle of last week Mrs. Whit ney left the Hotel Garrotsor of this city , where she had been engaged as checker since her escape from the nsy- lum , and went to Sioux Falls. She showed pluck In going into South Da < kola , where under the order of the court committing her to the hospital for insane she was liable to arrest and incarceration in the asylum from which she escaped In so thrilling a manner. Her confidence In her own sanity and her own rights was evl denced by her going direct to the homo of Sheriff Huston. / E. E. Wagner of Alexandria was employed as her attorney for a re hearing in her case. This the county judge granted , after which ho sum moned A. B. Wheelock , S. A. Drown and E. A. Orr , all well known citizens of Sioux Falls , to act as a special jury or commission to pass upon her sanity. The examination was hold Saturday afternoon , and It is expect ed the findings of the special Jury or commission will bo reported to County Judge Dailoy shortly. Mrs. Whitney's mother , who lived with her during the time she was a resident of Sioux Falls prior to being pronounced insane , and on whom the duty devolved of caring for Mrs. Whit ney's little son , Harold , has written that the child Is now with his aunt , Mrs. J. M. McDougal of Lakota , N. D. Ono of Mrs. Whitney's first acts , should she bo declared sane by the special commission , will bo to secure possession of her boy. Firemen Make the Special Ses sion a Success. ARRANGE FOR THE CONVENTION. Appoint Necessary Committees and Take Other Action Preliminary to the State Meeting In Fremont Dur ing January To go In Special Car. [ From Snturdny'a Dally ] The Norfolk flrcmon tnndo up for their lack of interest In the regular department meeting of Wednesday evening by turning out In force to the special meeting that had been called by Chief W. L. Kern for Friday night and much business was transacted. In the absence of President R. H. Reynolds , M. J. Romlg was chosen to preside and the object of the meeting was stated by Chief Kern. A committee of three consisting of Chief Kern , II. W. Winter and S. R. McFarlond was named to see about securing a special car to carry the Norfolk delegation to Fremont for the annual meeting of the Nebraska State Volunteer Firemen's association which meets there January 19 , 20 and 21. The naming of the committee on dec orating the car was left until the next regular meeting , as that duty would not require attention until just pre vious to leaving for the convention. The committee on securing rooms and accommodations which precedes the regular delegation , was named , and consists of President C. E. Hart ford of the state association. H. C. Truman and H. A. Pasowalk. A committee on printing to look after the badges , was named and ts composed of President Hartford , H. W. Winter and W. L. Kern. The new ly elected delegate to the convention from eacli company is to ascertain the needs of the respective compa nies on the badge question and report to the printing committee. The now delegates are Venus Nenow of the Pioneer Hook and Ladder company ; E. Sanford of the Mast Hose com- ; iany , and Hugo Paul of the Queen City Ho.so company. The department do- jldcd to pay for the badges this year. It was the sense of the meeting hat all members of the state assocla- Ion and delegates to the state meet- ng should at once hand their dollar lues to Secretary S. R. McFarland be- 'ore the flrst of January , as he must eport to the state secretary at that time. J. C. Cleland advises the depart ment of a new plan regarding the con vention and that Is for the delegates , or as many as possible to bring their ivlves with them. The plan was heart- ly endorsed by President Hartford at ; ho meeting last night , and there is a prospect that a number of the Nor folk delegates will take their wives with them to the meeting , The department voted to extend a special invitation to the Creighton and Pierce departments to join the Norfolk delegation here and accom- mny them to Fremont in the special car that will be provided. The dele gation will leave the city for Fremont on the early passenger the flrst dai ; of the convention , and will arrive hero in time to participate in the flrst day's proceedings and remain at least until Thursday night. The prospects now are that the Norfolk delegation will consist of no loss than twenty-five. The department took favorable nc tlon on having the firemen's hall opei and heated during the winter Sundaj afternoons for the convenience anc pleasure of the firemen. NEWS AT BATTLE CREEK. Popular Young People Betrothed Yes terday Other Items. Uattle Creek , Nob. , Dec. 11. Spec ial to The News : Rev. J. Iloffmai announced the betrothal of Mr. John Hagemoier and Miss Minnie Fensko yesterday at the Lutheran church Mr. Hagemeier Is a well known youni. man , coming here about two years ago from Mlsosuri. The bride is the oldest daughter of Mr. and Mrs. Oha Fenske. , The home of Mr. and Mrs. Jamee was made happy by the arrival of f little son Saturday. Herman Peters of Pierce was visit ing here yesterday at the Preuss home northwest of town. Martha Eucker of Lindsay was n guest at the homo of her brother , Her man Eucker. Battle Creek has been In darkress for some time when the nioou don' shine but C. A. Hedman has put a nice street lamp In front of his store on Main street , It Is the only ono light. Grandpa Halo , well known over the county , and close to ninety years o age , is very sick at this writing am there is scant hope for his recovery The most of his children are at hi bedside. The Battle Creek Mutual Insuranc company will hold Its annual genera meeting hero on December 2S , in the German school house. This companj Is doing business in Madison , Bntte Boone , Antelope , Knox , Pierce anc Stanton counties and is incorporated for $50,000. L. B. Baker shipped a carload of corn to Chicago Friday. Thrice Wounded at Gettysburg. Lyons , Neb. , Dec. 14. R. F. Comer of Lyons died Saturday night of heart failure. Ho had been ill eight months Absolutely Pure. THERE IS NO SUBSTITUTE vith dropsy and heart trouble. Ho eaves a widow and six children. Mrs. Comer has boon an invalid her self for four years. Mrs. Comer was a vctoranof the civil vnr and was 05 years of ago. | fro carried to his death two pieces 'of shell received at the battle of Gottys- mrg , Pa. , where , ho was wounded hreo times. During the war ho served .wo terms of enlistment , once with ho Fourth and afterward with the 'ourteenth Vermont infantry. He was one of the earliest settlers of Burt county and had always been a prom- nent democrat. ALL OF THEM "BIRDS. " Remarkable Experiences of a Bird Fancier of Kentucky. fFrom Saturday's Dnlly.1 The following was sent out by the v i&sociated press under date of Louis ville , Ky. , December 4 : \ "Mrs. William Robbin has married David Buzzard. It Is her fourth mat rimonial venture. She was a Miss Martin , daughter of one of the best known Bourbon county families. She first married Robert Crow. He lied and she married John Sparrow six months afterward. She and Mr. Sparrow did not agree , and a divorce followed. Mrs. Sparrow became Mrs. William Robbin , but again a dlvorcei" was found advisable. v After a year of lonely life , Mrs. Robbin has become Mrs. David Buz zard. She has two Crows , one Spar row , one Robin and a Buzzard at her iiome. She says she prefers "birds" for husbands. " She Has Cured Thousands Given np to Die. DR. CALDWELL , OF CHICAGO 4 4N Practicing Aleopathy , Home opnthy , Electric and Gen eral Medicine. Will , by reqnoBt , visit professionally NORFOLK , NEBRASKA , PACIFIC HOTEL , 'JHURSDAY DEC HI , ONE DAY return lug every four nooks Consult her whlla tuoopportntit , ISM hand. DK.CALDWEI.L limits her prncfca to tin special treatment of diseases of the nose. ihroat. luiiirs eje , ear , fomnlo diseases , diseases oj children ami ml chrouic. nenoim and snrclcal diseases o ( a curable mi turo Karly tlon , bronchitis , bron.hial catarrh , chrome catarrh , lieada he , counlpatloi , stomach bowel troub es. rheumatism and a-Ica , rlBht's nonrahMa sci dlBHiso.kUluey of the . liver and bl.dder , dizziness dlsoasoa.dUeassa , nervousness indigo.ti-n , oboi tv ' | iumrrupted ' rltlon' i n' slow growth In cnihiro' . and ' all wasting 4is' ease , in adults , deformltie. clnb-feet mro i of the .pine , dUeaoes of the brain - , parol ? es , heart dlseafo. . dropsy , Bwollln of tie HrSba strirturo , open sores , pain in the bones , Kranm lar enlargements and all long standing . dig eases pioporly treated. omuumg Illooil auil Skin DUoHtteH. Pimples , blotches , eruptions , of too much injurious modldne ro " 8 treatmellt- > ln " ' of aud a OuicerM , Goiter , FUtulH , IMlt-s imn and without tlm ' loss r-f a , dri n of hi AU n all mall to He , Neb