The Alma Weekly Record from Alma, Nebraska • 1

'r -r VOL. X. ALMA, HARLAN COUNTY, NEBRASKA, FRIDAY, FEB. 14. 1902, NO.

1 L. OKLAHOMA NOT A PARADISE WILLITS CO. -s 1 .1 A Drop In Coal. Big Block Coil 5.40 per top Colorado Robison 16.50 I Pure Coal Creek Canon City Coal I7.35! 80Remember we wont be under sold. B.

Sc ML. Elevator. A. THE CASH STORE. (WAT THE CASH STORE) We are having an extra big run on SHOES lately and that Proves to us that we have good goods at the lUCtlT Price.

Ifyou havent been buying SHOES of US, give us a trial that is all we ask the shoes will speak for themselves. (. Gibbons Swartz; aaaaaaaaa aaa-aa-aa-a aa-a-- a-- No. 8. A G.

Shallenberger, President. T. L. Porter, Vloe-Presldcnt A. A.

BlLUNQS, Ast Cashier. The Ban Lc of Alma, INCORPORATKD JULY 15, 1887. Capital Stock Paid In Surplus, CORRESPONDENTS Ira porter and Trader National Bank, New York, N. Omaha National Bank, Omaha, Adams Count; Bank, Huntings, Nebraska. ALMA, NEBRASKA.

Ed L. Vtt.uT8, Pieaideot. J. Joan Evkesoh, Vice resulont. Charter JSq.

Harlan County Bank nraasgifg David A. UcCci.i.orii. Cashier, 607 April 25t 1900, Mo. ALMA, NEBRASKA. Capital Hanover National Bank, New York City.

National Bunk of Commerce, Kansas City, First National Bank, Lincoln, Neb. MONEY TO LOAN ON Ir Important Decisions. (Correction from last week.) The supreme court, on the 21th of Jan. handed down four important de-visions In mortgage foreclosure cases, which are of interest to citizens, of flarlan All these cases grew out of C. Durrs transactions la loan lug money to this county years ago.

In all these cases, the district court lound in favor of the defendants and the supreme court affirmed two of the cases, reversed one iu part and reudered judgment there for the amount rever--esed( and reversed one and sent it back 'to' the district for a new trial. 1 case of the Cheshire Provident Idstilnilon against Henry Feusner was Affirmed. On October 11th, 1886, Feusner borrowed 1500,000 of C. C. Durr and secured the same br a mortgage ou Jand near Huntley.

By the terms of the loan it became due on the first 1 1 Junu try, 1802, but by an agreement with Mr. Burr to pay a years interest in ud vance, Mr. Ftousner paid the loan on tbe 21th 'of April, 1890. Updid1 hotgef his note and niongege buck from. Mr Burr when he'paid tbe loan, but he did get a.

release of tbe mortgage from him. Six years after Provident Institution began a foreclosure suit on this note and mortgage. Mr. Feusner in. ployed Judge Miller to defend the uase lor him and he took Mr.

Burrs ih epos lien to prove Burr's authority for collecting the loan. It was then discovered that Burr had made these loans-fOr the Cheshire Provident Iu. stitution under au agreement with them. They weie to furnish the money, and Burr was to make the loans, take the notes and mortgages pajuble to himself and endorse uud guarantee tbe notes ub'd then turn the notes and mot tguges over to the company. Burr did this iu accordance with lus agreement but aitei artis collected ail the interest and principal on these loans utul here is where the trouble commenced.

In ibhl, it was lound tbut Burr had Collected Of these loans ana had uot accounted for the same to ihe'tompauy. Tbo company then said that Burr was collecting on his guarantee uud was not representing them at all. The defendants claimed that he was repi ebenling the corn-puny. The Feusner case was mane particularly difficult because of hating been paid before due. The supremu court in deciding this cuse says: 1 Where an undisclosed principal puls it in the power of his general agent to act as principal, uud the agent collects money due on a note to the pr'ipnilc, the latter will not be permitted to deny the authority of the agent to make such cdlleetions.

2 Where authority as general agent to transact all the principals huaiuess Of a particular kind in a particular place Is once show to exist, it will be pte-sutned to continue, unless sbowu to have been revoUtd, S' Where one loans money to a large numberof borrowers, through an agent and by agreement between himselfand-such agent the latter takes all loans ayablep to himself and indorses tlie notes to the loaner, and draws a sight draft uponHhe latter for the amounts needed from time to time to ful applications, and the agent is eni rusted wi'h the care, renewal and collections of such loans, such loaner is not a bona fide holder of negotiable paper, and payment to the agent wi'l be deenjed payment to the prlnci pal. 4 Evidence examined, and heldo sustain the finding of the trial couit that the loan in controvorsy was puid to the agent of the holder. The Friskey case is the same aa the Feusner case eceptlhat the landwas mortgage and also conveyed after the release from Bun was placed on record. Tn this case John Everson represented Mr. Friskey who had purchased the land after the.

release was recorded and T. L. Porter and R. Keester represented C. E.

Bulloch who had placed the mortgage on this land. This case was also affirmed. In JbC Lowe and Reit-onburgcaso the court affirmed as to Lowe and reversed os to Mr. Reisenburg and rendered judgment against him fofr $300 00 and interest. The Peoples case was reversed because there was not sufficient proof of Burrs agency.

'This is the foreclosure of a large mOrtgngeon land ia Fairfield township, and we hope Mr. Peoples will win out when this case is tried again. From tbeso cases you should tuko warning and be sure always to get your note, and mortguge back at tho time you pay your loan. V- IMPORTED Japanese napkins 'CHURCH SUPPERS AND 1 SOCIETY DINNERS SEAL i BRAND COFFEE FI NEST CROWN IS OR. SALE J5Y Closing Out Winter Goods Jackets price Capes Yt, price Overcoats, Suits and blankets at special low price.

riT Poultry Every Saturday. I Wits Co. John F. Behm Tells of Ills Experience In Search of Better Home. John F.

Behm, an old resident of Omaha, baa just returned from a trip la the recently-opened Indian lands tn Oklahoma, aud brings back anything but a glowing account of his experience ''He is of the opinion that' Ne-bru'ska Is good enough yet. Speaking of his quest for a new home in a new ebuntry, Mr. Behm says: The first thing you do wbsn you fcei to Lawton, where the great drawieg took place last Angust, Is to go to tbe ind office: Here you nsk tbe receiver If any vacant government land ia left. Be refers youlo a clerk, and the latter tells you he has no lime to give you, that you must go to some one outside to get located. "You are glad to get out of the offica and are followed by half a dozen cappers-who are ready to locate you on son fraction, end ho ask $10 The service.

If you do not care to deal wltji them on this basis, the next step is to buy a relinquishment from aom6 one wbd has filed and ia ready to quit, Yob And tlfare are only for sale at tho realestate offices, and are held all the way from (20Q to $1,000. Ifyoubuyone you rnust do as tqe requirements of the law and make' your final proof in due form. This is an additional expense. The Indians had first choice of thft land, every man, woman and child getting quarter sectiou. They chose all the bottom lands, with the and left the bench lands for the white settlers.

But very tittle of this land is good and none of it has water. Down there a prairie fnrm with no certaiuty of getting water at any depth will at as much as an Improved farm in Ne braska. Lawton is the biggest town for its age in the world'. It is but four months old, has five banks, fourteen hardware stores, thirteen clqjthing stores, tweuty-ono lumber yards and ninety-two saloons. Everything else is in propor lion.

Jnst now they ure grading streets putting crosswalks. Water is sold on the streets at the rate of three pails for a niekle. If a fire should get start in Lawton in three hours the town would be wiped out. I suffered more front the cold down there than Ieverdid inNebrtska. Last Saturday the temperature dropped in two hours from 40 above to zero.

Ooe of the stories told, illustrating tho climate, ia that a farmer from South Dakota bought a yoke of oxen and started for bis ranch. On the" way one ox was orercomo by the heat and died While the farmer was skinning him the wheuther changed and tbe other ox froze to death. Almost every other building in Lawton is devoted to law, realestate and relinquishments bought and sold This seems to bo the chief industry down there jubtuow. My advice to Nebraskans Is don't sella Nebraska farm, thinking you cun better your condition in Oklahoma. Tbe soil down there is good, but the rain is uncertain and tho climate is no better than Nebraskas.

The Omaha Bee, Feb. 3, 1902. Retzman Won Out. In the case State of Nebraska and Ferdinand Retzman, misdemeanor. It was proven to the satesfaction of 12 jurymen who under the Hon.

Judge Adams instructions found Ferdinand Retzman innocent of selling intoxicant drinks. We are glad to learn that Mr. Retzman js not guilty. LOW BATES NORTHWEST. Via Burlington Route.

To Billings, Mont .,....15,00 Cody, Wyo 16.75 Helena and Butte 2). 00 Spokuno, Wash 22.50 Portland, Tacuma, Seattle and Rowland, fj. 25.00 Above rules will be In effect every day In March aiid April from Missouri river termiuals and from nearly ail stations on B. fit A wonderful opportunity to visit the Northwest. The Big Horn Basin ot Wyoming is a country of greatrtaources aud now undeveloped.

It has junt been made accessible by a new line of the Burling ton Route, aud presents msDyattraci tions id the homeseeker. Folder on Big Horn Basin free on request. Cor tickets, rates, or additional Information apply to nearest sgeut, Burlington Route, or write Jo Francis, G. P. 11 Omaha, Neb.

By Baft Ahdsmom. Mrs. Yocum wa, a visitor last Week. The Literary Society has about completed arrangmentt- for a debate' pith Franklin Academy, the first week In April. The Misses Horp and Snyder were Nigh School callers Tuesday.

Eirhait Alter one of our old class maids wol visiting us Wednesday. The members of Miss Livesays Literature class are eluding Enoch Arden. Tbe Chemistry class now have forty experiment to their credit. Mrs' Glldfirfleeve was welcomely re oelved a visitor, by her old pupils Wednesday morning. 'Vhest And Corn.

Metzger Bros, are hauling in 700 bu of wheat, they get 65 cents per Tbe boys are good farmers Opt year four of the brothers hand fed i4o'acrefof corn, without any outside help. Their corn ground watf'dteieped iiee front weeds, and iltjbys had good corn over the qnfftPaiyieldf Last year one of the bad a 160 acre farm rented, hadtoiio acres of fall grain, all the lasd th'dt was cultivated on the section. The rent the landlord, got which was one third, relight him 277, Eastern renter this and those that have cash to invest in (heap land, think of this 160 acre without any buildings on the place bringing such amount of cash. kWe know of just as good 4and jmsre, that can be bought for per with good improvements oil the Realestate is boupd to advance. We advise those that are thinking of investing in our Nebraska land to do so withoutUe- lay, as cheap land in this parte1 the state will soon be a thing of the past.

Dont think readers that this is a circus song that we are singing to you, for such is not the case. We expect to see land values go up from 25 to 50 per cent, within the next twOi years. Free Seeds. The fcditor of this paper is in receipt of-information from Congressman Shallenberger that when the the garden seeds, sent out by the pepartment, of 1 Agriculture, are readyj for delivery, those intended for thiff community will he sent to us for distribution. We have not solicited the privilege of making this and were somewhat surprised to receive the intelligence! but Mr.

Shallenberger says, in his letter, that he has thought of several ways ofmaking the distribution and has concluded that this will give the tnost satisfaction-gen erally What variety of seeds we shall dispense or how many to each applicant are questions that we arenot'now able to answer, but at Mr. ShaHenbergers request, we will say that any who desire seeds will come to this office and lea their names. The calierthis isdoi the better. The quota of seeds may be expected at any time and we shall makeup our distribution from the lists'ia Jiaod when they are trill be sent to all applicants though the post office. Lincolns BhThdayV' 6maha, 12.

Lioubfb birthd.i) was tbe Union Pacific railroal by ctosiDg-ibe toad'a bead1-" quarters for, the day. Prcoidept Lir cola's ndmiprtyaion was especially identified with, the building of the Oyerlund road, and the day lit be observed as much as possible over tbo system. Th 'Lincoln ear, which now-stands dismantled (it tbe old shopl.w' draped appropriately unc the employees were given an opportunity to iew 1., The la9t tifiie lho ir w.i.ji-jo to carry tbe pod of the ra iriredPj-es-edent from Wpaiungton topringfiehl, the trip lasting from April 2f, ho-Mjy 3. 188jvTli4 caw wnbougbl by the Union Pacific' road und used -as iin o'-ficiuls cr for several C. Star.

si Invigorate apd rennvale system with Dr. Cays Renovator. It has no rqu i. RED You can get absolutely pure, wholesome and Refreshing BEER rhe very best brewed, at the cold storage. Sold for family use by the case or keg.

M. K. Goetz Brewing Co. T. H.

DOUGLASS, Agent. DO YOU DRIVE? We have the fiuest Livery Teams in the city, an when you want to take a Buggy oide Dont fail to call and see us an 4 get our prices. City Dray Line in Phone No. 30. Jennings Osborn Salt by the sack or barrel.

We have the Tl Hour Alma, Ahiboy- Groceries Are fresh and we- will sell as cheap as the cheapest. Old Friends and new 01 cs are alike welcome. MCCULLOCH 0H icago 1 A LumljeV Co. -v and Almaj i kji il Money In Cows. Woodfuff who own a fine alfalfa farm one helf mile east of own, informs us that he has sold izz and lb- of butter 'fat' from six cows, during the month of January receiving 124.40 for same.

This dont include the cream he has used for family use. Mr. Wood ruff uses a S. cream seperator, Harlan county is fast becoming a great dairy country. Lumber, tSash, Doors, Blinds) Lath, 'Shingles and ail kinds of Building Material.

Geo. F. Miller; iyigr. Corner John and South Streets. VU-YARD..