Beatrice Daily Sun, August 31, 1913

Beatrice Daily Sun

August 31, 1913

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Issue date: Sunday, August 31, 1913

Pages available: 12

Previous edition: Saturday, August 30, 1913

Next edition: Tuesday, September 2, 1913

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Publication name: Beatrice Daily Sun

Location: Beatrice, Nebraska

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Years available: 1902 - 1977

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All text in the Beatrice Daily Sun August 31, 1913, Page 1.

Beatrice Daily Sun (Newspaper) - August 31, 1913, Beatrice, Nebraska A STRICTLY INDEPENDENT NEWSPAPER BEATRICE DAILY SUN DEVOTED TO BEATRICE AND VICINITY ===L^L^=, ■:    ■ Tsy=TT-:rT:r=:r.r.:=======L= 'MF YOU DONT SEE IT IN TUE SUN, IT DIDNT HAPPEN” VOL. XII.80PER CENT FOR CORNER LOIS. „   § City Commissioners Settle on a System for Equalizing the Cost of Paving.FOLLOW OPINION ON LAWLots as Platted Must Bear Expense—-Varying Percentages Away Prom Comers. BEATRICE The paving problem which lins been keeping the city commissioners guessing for several days was settled yesterday. The city attorney’s opinion declared the necessity of taxing up the paving cost to lots as platted, but the question what proportion of the cost to assess to the abutting property and how much to the inside portions of the lots, was left to the commissioners for set tie me tit They decided it yesterday. Where tht- iuds of lots abut paving, Hit per cent of th*- cost is as-scssed to the first 23* A* feet and lh** balance is assessed as follows: To the second IM1 j feet (» per cent, to tim third f» per cent, to the fourth I per cent, to the fifth .‘I per cent, to th** sixth 2UL* feet, 2 per cent. That means that on the I*’. A. Miller corner, Mr. Miller ’n property will be charged with Sh per cent of the cost of paving Kila street when* it abuts his property, and tile other 2ft per cent will be passed on back to the oth* r owners of parts of these lots. The same rule will apply to the Brinkworth property. The Be ainee National bank covers all of a bingle lot, so the method of as-sensing the eost will not affect it. On th** Drake block corner part of tho cost of paving Court street. in front of that property will be passed back to file Allen block. The Lang corner’a .situation is similar to that of the Miller building. The Kilpatrick building af the corner of Fifth and Court will pay St) per cent of the paving along that lot, and the Hinkle & Norcross building which occupies the west half of the same lot will pay 2<> per cent. The written opinion of the city attorney follows: Gentlemen: The question submitted to me by your honorable body in regard to what your duties and powers are, in assessing property abutting on the streets that have been recently repaved. in answer thereto will say: 1. The statute relative to paving under our charter is very broad, and ihe commissioners have power to asse:- s the cost of such paving to a1! the property in the re-paving district, but nuder their discretion they are not obliged to go beyond the lot actually abutting ob the street. 2. .■ Tho ordinance creating Re-paving Districts One aud Two provides that the lots, lands and real estate abutting on the paved streets shall be charged with the cost of re-paving. You will observe that the language of the ordinance does nol say “the lots or parts of lots," but it says “lots" abutting on the street re-paved. 3. The question is whether the whole lot abutting on the re-paved street, or only the part of tho lot actually abutting where the lot has been sub-divided shall bear the cost of the improvement. That seems to bo the only question at issue. I have given the matter considerable thought and consideration, and find tlint the supreme court of Nebraska havi passed upon this identical question upon a statute in all essential parts covered by this question of assessment is the same as our own charter’. Consequently we have a guide to go by from the court of last resort in this state. The case referred to iu which tho supremo court has passed upon the question is found iu Lansing vs. City of Lincoln 32 Neb., 457. 49 N. W. R. finn. This Is a ease where a party owning 25x100 feet abutting on an alley across the end of two lots it was Bought to charge the part of the lot actually abutting on the alley with the whole cost of the paving, those owning other parts of the lot not actually abutting on the alley sought to be relieved from any part of th** cost of the paving because they did not abut. That is the same contention bere The supreme court says in its opinion in the case above cited "While til** Improvement and paving of an alley Is a special benefit to the lots abutting thereon, it does not follow that i>ortions of lots somewhat remote from the alley do not also receive benefits from tho improvement. As originally laid out, lots extend from the street to the alley and necessarily one half the cOHt of paving tin* alley opposite each lot is assessed upon the lot. lf the lot in sub-divided the cost is still to be borne by the lot. the mode of apportionment to be based upon nome rule that will do Justice to the several owners of the sub-divided lot. Th** question as to what constitutes a jurt and fair proportion of the expense thus incurred is one of fact to ho determined from th** evidence. In th** syllabus of said case these words are used "If a lot has been subdivides!, then the assessment Is to be made upon the several sub-division, upon an equitable and jim basin in proportion to the benefits received It is not necessary that th** sub-division actually abut on the alley in order to he liable for a portion of th** tax." This opinion was rendered by Judge Maxwell and if ha** never been overruled or modified, and is strictly in point with the question ar issue. R.v way of argument I might say that if one man owned the whole of the lot abutting on the paved street, every one would say the whole lot would pear tho expense, and the rule obtains if the lot is sub-divided it all still bears the expense, your commission to decide as a board of equalisation upon a Just basis a portion of th* lot not abutting on the pavement shall pay. taking into consideration the benefits each jxirt of the lot receives according to it** location. I would state tim* while the above opinion of the supreme court was based upon an alley, the law Is the same as to an alley as it is to a street Dated August 29, 1913. Very truly yours, It, VV SABIN. City Att y. B., SUNDAY MORNING, AUGUST 31, 1913.NO, 48. CHARLES LATHAM DROWNED IN IA. Former Beatrice Resident Loses Life in Cedar River Near Charles City. BODY IS SOON RECOVERED Young1 Man Was Stenographer for the Sherman Nursery— Lived at Hazelton. Word was received here yesterday that Charles fathom, formerly of this city, had lost his life by drowning while swimming in Cedar river near Charles City, la. II** was twenty-two years of age and at the time of his death was employed us a stenographer for the Sherman nursery at Charles City. Young Latham. A. IC Squyer, *1. Baker and Ralph Sheldon, also a former Beatrice boy and a room si l‘_'isk'jlj.j_ »g. ■g.iua. -I -JI" a11-1**”:*1”1:1" HIGH SCHOOL STUDENTS TO REGISTER MONDAY  -^    j Monday will be registration day for high school students: on Tuesday general assembly and assignment of classes will toko place, and the first chapel exercises will be held Wednesday morning. The new teachers will be: \nna Bagels, German; Amy F Krueger, commercial; Dorothy Harlan, science; M. F. Jones, athletics, history and physical sci euro; M. Clarissa Morrow, English and Latin; E. C. Tillotxon. Owing to the resignation of Prof. V. D. Andrews. Mrs. Thercssa Coing will have charge of the commercial work this year. 'I'he semester promotion scheme put into effect last year by Principal Hillyer will be carried out more completely this year. It i-, found that this system means a big saving of time both for tim pupil and instructor. A new high school manual has been issued giving the names of the inembers of tin* faculty, sub- GIL ANDERSON W.NS AUTO RACE: + THE WEATHER. * +   + Forecast:    Mostly    cloudy    ♦ unday, cooler Sunday. * + + + + + + + + ♦♦ + ♦ + + Drives Stutz Cir 300 Miles at Elgin at Terrific Speed of 71 Miles an Hour. TWELVE STARTERS IN RACE The leaders were making 72 miles an hour and frequently better, with Anderson in a Stutz leading. The crowd brought out by the attraction was estimated at 50,* OOO. Expectant Crowd of 50,000 Was in Attendance—Number of ENTERTAIN FOR MRS.Cars Go Into Ditch.    MARIE    NEUHAUSER male ol Latham, wert* camping pets taught, complete course of on the river bauk when the acei- 'Klluiy an<i textbooks used, the dent happened, dubbing their alumni of the high school ami shack th** ‘Tomato tan. Mr .other matter pertaining to th*-fcwquyer aud Mr. Latham arose 'school. early and after getting breakfast j    _________ FIRE DAMAGES WILBER TELEPHONE EXCHANGE (fiU. T. ATHERTON DIES IN WISCONSIN A telegram was received here yesterday morning by Mrs. ,1. S. Atherton of South Fifth street announcing the death of lier son, I . T. Atherton, which occurred in a hospital at Hudson, Wis., Friday night of intestinal fever. *1 S. Atherton, the young man s father, was with him when lo passed away. Th** remains will be brought to Beatrice some time tomorrow for interment. Mr. Atherton was horn in Ii* a trice in 1880, and was twenty-four years of age. Home years ago he began playing the piano and developed into a professional musician. At the time of his death he was traveling on t o* vaudeville circuit playing piano on one of the largest steamers on the Mississippi river. Ile [s survived by his parents. Mr. and Mrs. J. S. At bel ton, old residents of Beatrice, and his two brothers, J. R. and Dee Atherton. concluded to go in bathing. Latham was a swimmer of ordinary ability, and decided to swim across the stream. When about a rod from the opposite bank Latham went down before help could reach him. Squyer was quite a distance from him and failed to hear his companion’s appeal for aid. S. II. Harrah and several ladies who were boating on th** liver heard Latham cry for help and with Squyer and others rushed to th** place where he was last seen, but they were ton late. The body was recovered in a short time alter young Latham was drowned. It was turned over to th*1 undertaking firm at Charles City and the dead man’s father notified. The remains were taken to Hazelton, the home of the deceased, for burial. Mr. Latham had been employed as stenographer for the .Sherman' Beatrice Electric company cam* nursery for three years, and was near being electrocuted yesterday an exemplary young man. IL, while working at the rear of the was a member of tile Congrega-j Kimball laundry building by com-tional church at Charles City j{,<» ju contact with a live wire The croft* connection rack in the telephone exchange at Wilber was destroyed by fire last evening putting the telephone service out of commission. District Plant Chief Vennum of this city and several workmen hurried to that place last night by automobile, and telephone men say that service will be resumed Monday. First reports to reach this city were that the entire exchange was {destroyed but this proved to be erroneous. Water used in extin gnisliing the fire caused the greatest damage. * Elgin, 111., Aug. 30.—(iii Anderson won the Elgin lm- tional trophy today in a Stutz * car. He made an average of ' TI miles an hour, breaking * the course record. Elgin, III., Aug. 30.—Twelve ears got away this morning in I In* annual 301-mile grind here over the Elgin road course. “Wild Bill” Endicott in a Cast* car was tile first man away, and in the order of their naming the following took up the pursuit at 30-see-on d intervals: Mason E. I). Raehenbacher. Mason—ii. K. Millford. (IeHer—Spencer Wishart. Stutz—Oil Anderson. Mormon—Joe Dawson. M anon —WiIliam Ilaupt. Keeton—Bob Burman. 'N y ber g—11 a r ry Endicott. Velie—Otto Henning. Mercer—Ralph De Palma. Isotta—Harry Grant. Erwin Special — Erwin Berg-doli. The greater throng was attracted, perhaps, by the adder elements of danger. Five men who drove their racers at a mile a minute speed for nearly five hours yesterday started out to repeat their performance. Their Tecumseh. Aug. 30.—Mr. and Mrs. (Ins Clineburg, who live soul Invest of the city, entertained a company of some fifty or sixty friends on Friday evening of last week, in honor of Mrs. ( line-burg’s sister. Mrs. Marie Non-hansel* of Beatrice, and a friend, Mrs. Emma Enders of Chicago. The * cuing was one of unusual pleasure, the guests seeming to enjoy themselves immensely. It is said that ll. -I. Rorakrans, who located here about the time the Xeinaha was weaned from tho Missouri, and who is supposed to know every foot of land in the county, got lost in a cornfield on his way home. We cannot vouch for the correctness of the statement. A feature of the evening’s entertainment was the delightful refreshments. Airs. Neithauser has since left for the east and she will sail Saturday, for a ten months’ visit in the old country. EX SHERIFF M’CLAY DIES IN PASADENA, CALIFORNIA Lincoln, Nob., Aug. 30.—Samuel Met lay. for eight years sh erin' of Lancaster county, died at his home in Pasadena, Calif., last evening. Mr. Clay was eighty years of age and his death came an illness of four BURR BELL RECEIVES A SEVERE SHOCK Burr Bell, an employe of the where lie taught a Sunday school class. IT* was also active in •Young Men’s Christian association work. FIRE DESTROYS TWO STACKS OF HAY Two stacks of hay and dry grass on a Did acre tract, located on th** old Blakely farm southeast. of town, were consumed by fire yesterday afternoon. Sparks from a passing locomotive are supposed to have been the cause of the fire. The hay was the property of Charles Falwell of this city. A strong south wind was blowing, which spread the flames rap*! idly. The fire department was called and by the use of chemicals cheeked the flames from spreading. EAST NEBRASKA FRUIT GROWERS INCORPORATE The Eastern Nebraska Fruit Growers’ association filed articles of incorporation with Secretary of State Wait** this morning. K. Al. Pollard, president of the association, ii levi the articles. Tho association for a capital stock of $30?000, with officers as follows:    E.    AI. Pollard, president; C. F. Beck. vice president, Peru; Val Keyser, secretary, Fairbury; A. AI. Shu-bort, treasurer. Shubert. carrying a 2,300 voltage. lie was terribly shocked, and when he got away from the wire lie looked himself over and found that one hand and knee were badly burned. His injuries were attended by a physician and it was not long before In* was able to resume work. ROBERTS BOUND OVER TO DISTRICT COURT Harvey Roberts of Liberty was brought before County Judge Walden yesterday on the chargeTWO MILLION GALLONS WATER PUMPED DAILY Every day is a busy day at the city pumping station. Two mil-iiicorporates lion gallons is the daily consumption of the city water consumers. The long period of drought and hot weather has made an unusually heavy demand on tin* pumping facilities. The two old pumps of the Holly system are working to the limit and one service pump and the circulating pump of the new system. The quantity pumped is as high as 3.000 gallons lier minute during the rush hours of the evening, and from the high point It hands were blistered by holding the machines to the road in the following rough spots, and they felt the el’-; months. feet s of the journey in every i For forty years the deceased muscle.    was a resident of this city. He This was especially true in the came to Lincoln shortly after con-ease oi Harry Endicott, who eluding service in the Civil war, fainted yesterday while on the and he left the city in 1007 to thirtieth lap. IL* said he Hit (ake up his residence in Oalifor-much better after a good sleep tlj.l and that he expected to finish Mn MeClay was th.* brother of better than third, the position he (*()j. j ]j MeClay, clerk of f**d-was iu yesterday when he sue- pj>al court in Lincoln. Besides the Climbed to the strain.    j    brother iii this city, the deceased Ralph De Palma, who was leaves two sisters and two daugh-bleeding at the nose when he fin- leis. The former are Mrs. Oro. ished first, had put cushions in \y. Warren of Reynolds. Neb., the driver’s seat to relieve the jar Mr*. L. P. Brown of Beaton his spine, rite Delta! ear rice. The daughters are Aliss which Dawson piloted into second Minnie J. MeClay and Aiis.s Hat tic place Friday was withdrawn. One \, MeClay, both of Pasadena. wheel had a cracked hub and two,    -------- have dished rims from running on OFFICERS RAID JUNGLE flat times.    PARTY    ON WEST SIDE Rackcnbaeher went into a ditch    --- shortly after starting and was Officers Trode and Reddick out with a broken axle. Wishart i}is( evening raided a jungle party took the lead in this lap iii 6:<>1. in West Beatrice comprising four lie drove the first 2 > miles at the colored persons, two women and rate of 75.3 miles an hour.    two men. At 33 miles Wishart had to When the officers put the party change tires on the course and lost to flight they ran in every directly lead to Anderson. Million!, tion. Officer Reddick caught sight second; Wishart, third.    0}- one of the colored fairies in a Rickenbacher went into tin* weed patch and attempted to take ditch purposely to avoid hitting foci’ jn. She ran for dear life anti Endicott’s ear, winch skidded just (ju> officer chased her to the in front of him. Ile escaped with Court si retd bridge before,, lie bruises, overtook her. She was locked up of carrying concealed weapons tapers down to 500 gallons per and the court found that the evidence was sufficient to bind him over to the district, court. Bond was fixed at $1,000, in default of which he was lodged in the county jail. A number of res- minute during the night. This is far above the average, .just as far from the average as the season is from tin* average season. Practically all of the water is drawn from the river, the eontri- idents of the Liberty vicinity at- billion from the wells north of tended the hearing. Try a Sun Want Ad. town being not enough to dilute the muddy gruel that comes from the chief source of supply. Henning went into a ditch with bn the charge of disorderly con-a broken .steering knuckle on Ins duct and registered at the police fortieth mile and was accounted station as Beatrice Campbell of out of tho race. Ile was unhurt. South Omaha. For the next 30 minutes An-j The three other members of the derson and Mulford held their party escaped from the officers, leads. Wishart moved up from j but wore captured later by Night fifth to third place, displacing-Officer Reddick, who waited Burman to fourth and putting with sleuthy vigilance until 2;30 Ilaupt iii fifth place.    j a. in. aud then took them by sur- The race at IOO miles, or a third prise in their rooms on Fifth of the distance covered, developed street. Before they knew it, the one of the closest and fastest road! trio were lodged in jail to await contests ever run in this country, j trial. ;

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