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Beatrice Daily Sun (Newspaper) - August 31, 1913, Beatrice, Nebraska A IHttOTLT SUN T UBVOTJU TO BATUOBA YI03MXTY UP YOU DONT 8EE IT IN IT DIDNT HAPPEN 80 PCfi CERT FOR CORNER LOIS City Oonuniuloners Settle on a System for Equalising the Cost of Pavinf FOLLOW OPINION ON LAW u Platted Miut Bear Ex Varying Percentages Away From The paving problem which has been keeping the city commission ers guessing for several days was settled The city at torneys opinion declared the ne cessity of taxing up the paving cost to lots as the q nation what proportion of the cost to assess to the abutting property and how much to the inside portions of the was loft to the commissioners for set They decided it yesterday ends of lots abut jyiv 80 per cent of the cost is as ficssod to the first 2IPX feet and the balance is assessed as follows To the second feet i per to the third 5 per to the fourth 4 per to the fifth per to tho sixth That means that on Miller MIL wrp property will be charged 80 per cent of the cost of paving Etta Htrcut where it abuts his and the other 20 pei cent will be passed on back to tho Other owners of parts of these The same rule will to thc Brinkworth The Bo atriccXational bank covers all ol a so the method of as sessing the cost will not affect it On the block corner part of the cost of paving Court street til of that property will be passed back to the Allen block The Lang corners situation is similar to that of the Miller build The Kilpatrick building at the corner of Fifth and Court will pay SO per cent of the paving along that and the Hinkle Norcross building which occupies the west half of thc same lot will pay 20 per The written opinion of tho eitj attorney follows Onilenicn The question submitted to uu bv your honorable body In regard to what your duties and powers Ir assessing property abutting on tho streets that have been recently re in answer thereto will say The statute relative to paving under our charter Is very and tbo have power to us tho cost of such paving to al the property In the repaving district but tinder their discretion they aro no obligedto so beyond the lot actual abutting OB the creating Ropav Ing Districts One and Two provide tout the hvnfls and real estate on the paved streets shal bf charged with thccobt of rcpavlng You will observe that the language the ordinance does nol say the lots or parts of but It says lots onthe street The Is whether th whole lot on repavel or only thitiwrfortno lot apt uolly abutting lot been nibdivided shall bear the cost ot the That seems to be the only question at I have given thd matter considerable thought and and find that the su preme court of Nebraska pasted this Identical question upon a statute In all essential parts bjr tbU question of assessment Is th isame at our own Conse a guide to go by from tnia case referred to in which th court has passed upon th to found Unslng This Its a case where a party own ng 211x100 feet abutting on an alley cross the end of two lots It ought to charge the part of the lot dually abutting on the Alley with 10 whole coat of tho those wrilng other parts of the lot not act ally abutting on the alley nought e relieved from any part of the cost t the paving because they did not That is the same contention The supreme court says in Its pinion In the case above cited While te Improvement and paving of an al Is a special benefit to the low buutng It does not follow hat portions of lots somewhat remote roni the alloy do not receive bcti fitfl from the AH orijf naliy laid lots extend from the treat to tho alley and necessarily onp inlf the cost of paving the alloy op osito each lot is assessed upon the If the lot Is Biibdlvlded the cost a still to be borne by tho tho mode f apportionment to be based upon oine rule that will do justice to the overal owners of the he question UK to what constitutes a tifit and fnlr proportion of the ex rrwo thus incurred Is one of fact to determined from In do HyllabuR of sultl case these ro uited If a lot has been sub then the if to bo node upon the several Hubdivisions pon an equitable and just basis in roportion to the benefits t Is not necessary that tho mibdlvl ion actually abut on the alley In or to bo liable for a portion of the This opinion was rendered by Judge daxwetl and It has never been ovcr uled or and Is strictly in joint with the question at By way of 1 wight say that if man owned the whole of the lot abutting on the paved every one say the whole lot would bear tho and the rulo ob tains if the lot IK subdivided it all still bears tho your cominis lon to decide as a board of equailzu ion upon a just basis a portion of the ot not abutting on the pavement Shall taking into consideration the benefits each part of the lot receives wording to its I would state that while the above opinion of tho supreme court was issed an tho law the wine as to an alley as it to a street Dated August Very truly City CHARLES LATHAM DROWNED IN HIGH STtJDENTS TO REGISTER MONDAY GIL ANDERSON AUTO RACE in of Cars Qo Into history and physical sci ence Clarissa Eng lish and Latin Owing to the resignation of Theressa ing will have charge of the Anderson won the Elgin im Former Beatrice Resident LOMB Life in Cedar River Near Ohsrlet BODY IS SOON RECOVERED Young Man Wai Stenographer for the Sherman Lived at Word was received here ycs erday that Charles for nnrly of this liad lost his life y drowning while swimming in judar river near Charles le was twentytwo years of age ind time of his death was its a stenographer for Sherman nursery at Charles Young Baker and Ralph also i former Beatrice boy and a room mate of were camping on the river bank when thc and textbooks the dent dubbing their thc high school and other matter pertaining to the will be registration day for high school students on Tuesday general assembly and assignment of classes will tako Drives Stutz Car 300 Miles at El gin at Terrific Speed of 71 Miles an and the first chapel exer cises will he held Wednesday Tim new teachers will be Anna German Amy commercial science a thExpectant Crowd of Was TWELVE STARTERS IN RACE t mcrcinl work this tional trophy today in a Thc semester promotion scheme Hc an 71 miles an breaking put into cliect last year by Hillyer will be carried ont more completely this It is found this system means acars got away this morningiu thc big paving of time both for the annual 301mile grind here over pupil and the Elgin road Wild shack the Tomato Squycr and Latham arose ATHERTON DIES IN WISCONSIN A telegram was received here yesterday morning by S Vtherton of South Fifth stree announcing the death of her son which occurrec n a hospital at Fri lay night of intestinal the young man was with him when he passed The remains will brought to Beatrice some time tomorrow for Athcrton was born in Be atricein and was twenty four years of Some years ago he began playing the piano and developed into a professional At the time of his death he was traveling on tho vaudeville circuit playing piano on one of the largest steamers on the Mississippi survived by his and old resi dents of and his tVo and Dee early and after getting breakfast concluded to go in Latham was a swimmer of ordi nary and decided to swiia across thc When about tt rod from the opposite bank Latham down before help could reach Squyei1 was quite a distance from him and failed to hear his companions appeal for rah and several ladies who were boating on the river heard La tham cry for lielp and with iSquyer and others rushed to place where he was last but they were too The body was recovered in a short time after young Latham was was turned over to the undertaking firm itit City and the mans father The remains were taken to thc home of the for Latham had been employed as stenographer for the Sherman A new high school manual hai Bill Endicott in a Case car was giving names ot the first man and in the the jncmbcrs of the suborder of their naming the follow complete course of ing took up the pursuit at30sec ond intervals Racheiibaeher De Erwin Special Erwin Berg The greater throng was at FIRE DAMAGES WILBER TELEPHONE EXCHANGE connection rack in exchange at Wilber by fire last evun iug flitting the telephone service oUjb of bfsftiet Plant Chief Vcnnum of this city and several THE Forecast Mostly cloudy Sunday cooler The leaders were making 72 in hour and frequently with Anderson in a1 Stutz The crowd brought out by thc attraction was estimated at ENTERTAIN FOR MARIE NEURAUSBR and Gus who live of the entertained company of some fifty or sixty friends on Friday evening of last in honor of Cline burgs Marie Nou huuser of and a Emma Erulers of The evening was one of unusual the guests seeming to enjoy themselves H is said that who located here thc time the Nemaha was weaned from tho and who is supposedto know every foot of land in the got lost in a cornfield his way We cannot vouch for the correctness of the state J A feature of the evenings en tertainment was the delightful re Neuhauser lias since left for the east and she will sail for a ten months visit in the old hurriedto that place last night by the added by and telephone men elements of Five men say that service will bo resumed who drove their racers at a mile a minute speed for nearly five First reports to reach this city hours yesterday started ont to re were that the entire exchange was pcat their Their EXSHERIFF MCLAY DIES IN CALIFORNIA uel for years sher iff of Lancaster died at his home in last Clay was eighty destroyed but this proved to be hands were blistered by holding i years of age and iiis death came the machines to the road in the following an illness of four Water used in extin guishing the five caused the and they felt the el greatest BURR BELL RECEIVES A SEVERE SHOCK fects of the journey in every This was especially true in the was a forty years resident of the this deceased He cnme to Lincoln shortly after coii nursery for an exemplary young He case of Harry who eluding service in the Civil i fainted yesterday while on the city in 1907 to an employe of the thirtieth Ho snid he felt take uphis residence in Califor Boatriee Electric company better after a good sleep and that he expected to finish three and being electrocuted yesterday PXRB DESTROYS TWO OP HAY Two stacks of dry grass on a 160 aero located on the old Blakely farm south east of were consumed by fire yesterday Sparks from a passing locomotive arc supposed to have been the cause of the The hay was the property of Charles Falwell of this A strong south wind was blow which itpread the flames rap Tho fire department was called and by the use of chemicals checked the flames from spread was a member of thc Congrega tional church at Charles City he taught a Sunday school He was also active in Young Mens Christian associa tion EAST NEBRASKA FRUIT GROWERS INCORPORATE The Eastern Nebraska Fruit Growers association filed articles of incorporation with Secretary of State AVaite this president of the as filed the Tho association for a stock with officers as follows president vice Peru Val Fairbury Shu while working at the rear of the better than the position fie lumball laundry building by comwas in yesterday when he sue McClay was the brother of cleric of fed eral court in Besides t he brother in this the deceased was leaves two sisters and two dangh iu contact with a live wire climbed to the carrying a Ralph Do who He was terribly and bleeding at noso when lie The former are Mrs when he got away from the wire ished had put cushions in Warren of Reynolds he looked himself over and found the drivers seat to relieVe the jarand Mrs L P Brown of Beat that one hand and were badon lis Delta ear The daughters arc Miss y His injuries were atwliich Dawson piloted into second Minnie McClay and Miss Ilattic tended by a physician and it was piace Friday was One both of Pasadona not long before he was able to had a cracked hub and two J Slime have dished rims finm vimniiitr on OFFICERS RAID JUNGLE PART YON WEST SIDE TWO MILLION GALLONS WATER PUMPED DAILY have dashed rims from running on flat Rackenbachcr went into a ditch shortly after starting and was Officers Trude and Reddick Every day is a busy day at the out with a broken Wishart iasj evening rauied a jungle party city pumping Two mil took the lead in this lap in n West Beatrice comprising four incorporates lion gnnolls is thc llaiv COU8nnip jc drove the first 25 miles at the of ROBERTA BOUND OVER TO DISTRICT COURT tion of the city water rate of miles an The long period of drought and At 33 miles Wishart had to colored two women and two When the officers put the party brought before ot Liber County y was Judge Walden yesterday on the charge of carrying concealed weapons and the court found that the evi dence was sufficient to bind him over to the district Bond was fixed at in de fault of which he was lodgcd in the county A number of res idents of the Liberty vicinity at tended the x v v hot weather has made an unusualchange tires on the course and lost to flight they ran in every direc ly heavy demand on the pumping the lead to Officer Reddick caught sight The two old pumps of second jof one of the colored fairies in a the Holly system are working to Rickenbtfcher went into tha Wecd patch and attempted to take the limit and service pump ditch purposely to avoid hitting her She ran for dear life and and the circulating pump oi thc Endicott s which skidded officer chased her to new in front of eseaped with Court stHeet bridge Tho dVertobk hdr iShe high as gallons per minute Henning went into a ditch with on the charge of disorderly during the rush hours of the evena broken steering knuckle on his duct and registered at the police und from the high fortieth mile and was accounted station as Beatrice Campbell of tapers down to 500 gallons per out of the He was minute during the This is For the next 30 An far above thc just as far derson and Mulford held their from the average as the season is Wishart moved up from from the average fifth to third displacing Practically the water is Burman to fourth and putting drawn coutriHaupt in fifth butin South The three other members of the party escaped from the but were captured later by Officer vho waited with sleuthy vigilance until 2J30 and then took them by uorth of The rce at or a Fifth of developed Uto I
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