davidaulloa/AmericanStories huggingface dataset:
The Falls City tribune., 1909-05-28

act in question conferred no
authority whatever to issue the
bonds in question. and they
We're absolutely void in whom.
soever hands they may be"
That was all the litigation
that wa ever had over these
bonds. The validity of the tax
levied to pay interest ON them
was not attacked BY Falls City,
or 10y Falls City precinct, but
by Il taxpayer. He had a right
To do so, and the court had iur-
isdiCtion to decide the point.
Of curse that decision did
not bind the holder of the bonds
for he was not a party to the
suit, and besides the bond hold
er had Il double remedy, for if
the bonds were void for the want
of power in the municipality to
issue them, he could throw them
aside and proceed against the
municipality as for money had
and received, and the courts
have uniformly in all proper
cases allowed a recovery.
Void bonds cannot be issued,
money obtained by a sale of
them and the money kept by the
municipality simply because
the bonds are uninforcible as
valid securities. The bonds are
not the debt, but only the evi-
denceS Of the debt. Nos suit was
ever brought on the bonds
against Falls City precinct, or
against any other corporate en-
tity, nor was any action insti-
tuted for the money obtained
from their sale.
The holder of the bonds is
alone to blame for the non-at-
tempt to enforce the obligation
of Falls City precinct to repay
the money it had received from
the sale of its void court house
bonds. The right Of action to
enforce that obligation became
barred by the statute of limita,
tions by such delay of the bond
holder, and that is all there is
of it. Nobody repudiated any.
thing, nor could it be done by
anybody, or corporate munich
pality. 1t is 4 thing impossible
The Falls City tribune., 1909-05-28

Ia eur government.
Vow IL to the school bonds
issued two years laterunder an
other special at OF the leei,la-
tarr empowering School Dis
triet IT, the one in which Falls
CITY vas and i yet located.
have conferred with Mr.. !. L.
Cam, Sr., who was Il member of
the school board At the time,
and he remembers theIacts sub
stdntidlly as do. Bonds To the
amount of S2o, 600 were issued
by the school district under the
authority OF the special &C t
above mentioned, and contract
let to !. II. Burbank to build
the school house. The bonds
were in the Falls City Bank.
This was sometime in the year
$50, probably about mid.sum-
mer. Before the school board
could negotiate Il sale, it was
discovered that there was some
doubt as to their legal validity,
and talk of an injunction pro
Ceeding to prevent their sale
was rife on the street. This
somehow came to the knoWledg
of the contractor, Burbank, and
by some means unknown to me,
and Mr.. Cain says was unknown
to him and the other numbers
of the school board, Burbank
procured possession of the bonds
from the bank, spirited them
to st. Joseph, Missouri,
and sold them, but for what
price nobody, | think, but him
self in Falls City, ever knew.
This gave fraudulent currency
of those securities in the mar
ket. The board was powerless.
The contract was already let
and the bonds were sold. \
strong pressure was brought on
the board to let matters pro
coed. The country had been
eaten up by grasshoppers, the
people were idle, and no pros
poets ahead. In that state of
public necessity it was urged
that the expenditure of fifteen
or twenty thousand dollars
among the people for material
and labor would be a godsend to
The Falls City tribune., 1909-05-28

events in the early days, | in.
tended to conine myself 10 the
territorial period of Nebraska
history, and close with the ad.
mission of the state into the
Union and its habilitation is IN
Independent political autonomy,
which was not complete until
the close of the first session OF
the Legislature under the con
stitution, which met At Lincoln,
the new capital, in the winter
of 1869.
\ circumstance, which will
sufficiently appear as this paper
progresses, has induced me to
make a slight alteration of my
original plans and in tins in
stance to write of some matters
of public interest that occurred
a few years after Nebraska had
ceased to be a territory, and to
which public attention has been
called by Il recent publication in
one of our local newspapers.
1t is from the pen Of Mr.. A..
Il. keim, who has passed al
least forty years of his life in
Falls City. and as he is not
probably much above the age of
fifty, his residence here covers
therefore, the greater part Of
his earthly existence. The sub
jet of his editorial in the Falls
City Journal, of which | am in
formed he is editor, of the date
of May 10th, instant, was Ger
tain municipal bonds alleged to
have been issued by the city of
Falls City about thirty-siX years
ago, to assist in building our
present county court house; and
certain bonds of the school dis
trict, in which Falls City was
then, and yet is, located, upon
which to procure money to biuld
Il school house, and which were
issued two years after the court
house bonds were issued ano
put ON the market.
The issue of those bonds and
the circumstances attending the
transactions from their incep
ton, and what followed, are en-.
tirely C|onsonant with my gen
eral purpose in writing these
"reminiscences, and L o .
events of a time | did not eX
pect to write about, | embrace
this opportunity to give to the
public the real and indisputabl,
facts concerning them, which
Mr.. keim has not done.
The editorial refer to com
mences thus;
Fails City has an easy fash
ion of voting bonds and also ;
convenient way of repudiatins
them"
This statement has not the
slightest foundation in fact, anC
II Is the purpose of this article
to make that plain to the "neW
Corners in town and some young
people'Q use keim's own words
"who have grown up who have
never heard of our escapades in
that respect 1t is not a com
mendable bird that will foul its
own nest, and even if what he
has written about Falls City
We're true, which it is not. il
comes with Il bad grace from
one like himself, who has passed
most of his life in the town, and
whose father and uncle were
among the most influential bust.
ness men in the city at the time
the bonds he mentioned were
issued, and were the active fin
ancial agents in the disburse
ment of the funds received from
their sale in furtherance of tn,
enterprises they were intended
to promote, to make a wholesal,
charge of dishonesty agains
the people of the town includin.
The Falls City tribune., 1909-05-28
"reminiscences of q Wayfarer

Some of the Important Events of the Pioneer Days
Of Richardson County and Southeast Nebraska, as
remembered by the writer, who has spent fifty
enc years here.
The Falls City tribune., 1909-05-28

not, ! accept the task, and vii.
proceed to give the facts is !
know them to exist, and which
others in Falls city at this mo.
ment, know quite as we'll, To be
named as | proceed.
At the session of the legisIa-
ture in the winter Of 1873, an
act vas passed authorizing
Fails City precinct to issue
bonds to aid in the construction
of a court house for Richardson
county in the sum of $4,000.
That act was prepared by Mr..
f.. 5. Towle, who was a mem
Der of that Legislature, and
passed into Il law through his
active eXertionS. Mr.. keim is
tolerably correct when he said
that the object of the law was
to permanently locate the coun-
~ seat at Falls City, and end
the long drawn out fight, which
had disturbed the peace and
qnietot the people for more than
fifteen years. | was not in the
country at the time, but ToWle
informs me that he introduced
and passed that act at the ear
nest solicitation of all the bust
ness men in Falls City, includ-
ing the proprietors of The Falls
City Bank, Mr.. {. l., Keim and
MIR. II. b. Cradle, father and
uncle of A. Il. Keim, our City's
present critic. The bonds were
ISSUED accordingly and sold in
the market, and | am told by
Mr.. John Hinton, who was also
a banker in the town at the
time, that the money was dis
bursed through the keim and
Cradle bank, gentlemen who
were rs anxious to promote the
welfare of the city as any two
men who ever lived in it. In
the course of a year and a half
perhaps, the court house was
completed and formally pre-
scented to the county and the ap
parently interminable struggle
over the county seat question
was i'll fact ended forever.
Matters stood in that attitude
till the md day of July, 1877,
when an action was commenced
in the district court of our coun-
ty by Judge f. :. Dundy, an eX.
tensiye property owner in Falls
City precinct, against Richard
son county, to enioin the collec-
ton of certain taxes that were
alleged to have been Illegally
levied, among which was the
tax to pay interest on the court
house bonds.
| have the record OF that case
before me, and besides | was at
torney for the plaintiff and my
knowledge of what was done
therein is flU and complete, On
the hearing in the lower court
the contention of the plaintiff as
to certain matters of tax, was
sustained, but as to the court
house bond tax, his bill was dis
missed. From that decree an
appeal was taken 20 the supreme
court, where it was very fully
argued on both sides, and on
the 22nd day of April, 1879, an
opinion was handed down by
the court sustaining the district
court in allits ruling in the case,
except as to the court house
bond tax, and as to that the de
cision below was reversed, the
tax held Illegal and the bonds
issued by the precinct absolute
~ void, and for the following
quote from the opinion
of the court speaking by Judge
Maxwell:
1.-The court house tax was
levied for the payment of the
bonds issued under a special act
of the le~uiSl9tpra onnroypf
The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1909-12-11
COMBINATION co. SUED
FOR BACK SCHOOL TAX

In Judge Somers' branch of the dis
trict court the suit of the county of
Esmeralda VS.. the Combination Mines
company is in progress, District Attor
ney Tilden and Deputy Leichti present
ing the ease for county and Bryant s
o 'Brien representing the defendant
company.
The suit involves some $4,000 hui
lion taxes, levied for school purposes
in 1906. According to the tax levy
made in that year for school purposes,
the portion falling to the Combination
company was in the neighborhood of
100000. The company refused to pay
the taxes, and although the matter has
been in the courts for some time, i. has
just come to trial. The defense argues
that the school levy was not legally
made, no election having been hell at
the time; that the Combination prep
erty--now a part of the Goldield Con.
solidated--is not in the school limits,
and that the limits Of a school district
cannot extend beyond the town limits.
The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1909-12-11
SHOOTING SCRAPE IN
SEARCHLIGET DISTRICT

Los ANGELES, Dec. Finest Z.
Green, who vas shot by T. j. Fitzpat-
rick, at the Green Tungsten mine in
the Clark mountains, fifty miles west cf
s~earchlight, Nevada, was brought here
today and taken to a private hospital.
His mother -in-law, Mrs. A. w. McCune,
wife of the Salt Lake mining million
aire, is on her way here and is expect
ed tonight. Green is desperately wound
ed. The bullet fired by Fitzpatrick
struck him in the abdomen and there
are grave doubts of his recovery. Ac-
cording to reports from Nipton where
Green was placed aboard the Salt Lake
Limited bound for this city, the shoot
ing was, the result of a dispute between
Green, who own the Tungsten mine,
and Fitzpatrick and his wife. The Fi.z
patricks, it is asserted, demanded pay
for supplies they are said to have fur
Green is alleged to have struck
Mrs. Fitzpatrick during the quarrel that
followed. The woman Is husband there
upon fred at Green. Fitzpatrick is re-
ported to have surrendered.
The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1909-12-11
HEAVY PENALTY FOR NOT
FILING ANNUAL REPORTS

Officers of all foreign corporations doing business within the
limits of the state of Nevada should read the Nevada state law print
ed below, which requires them to file annual reports, as their failure
to file these reports means a monetary loss to the companies they rep
resent that, in the aggregate will amount high. 8
The new law passed last winter by the Nevada legislature makes
it obligatory upon all mining companies doing business IN Nevada,
both foreign and domestic corporations, to file reports IN November
and June Of each calendar year hereafter, but as the attorney gen.
eral has construed this law to mean that the first semi-annual report
repealed by the new law, but will supersede it only after June next
year l91O). the old law remains still in force and no company will
have legal standing in Nevada that does not publish a report OF re-
ceipts and expenditures for the year 1909, and balance IN treasury,
during the month Of January coming, in some daily paper IN the
state. AA
The Goldfeld News issues a daily edition and will furnish forms
to comply with the law for advertising purpose and will attend to
fling same with the county assessor with the proper affidavit OF pub
Gcaton.
Those interested are urged to correspond with The News for
blank forms and cost of advertising affidavit.
The statute is as follows:
Chapter CIVILIAN act requiring foreign corporations doing bust
ness in the state of Nevada to publish annual statements. Approved
March %, 1901.
Section ]. All foreign corporations doing business in the state
OF Nevada shall, during the month Of May this year, 1901, and in
each succeeding year in the month Of January, publish a statement
Of their last years business in some daily newspaper in the state OF
Nevada for the period Of one week.
Sec. 2. The secretary Of the company publishing the statement
shall file q copy with the several assessors of the state OF Nevada.
Sec 8. Any corporation coming within the provisions OF this act
! of this act shall be liable to a penalty Of 500 for each month that
the published statement remains unified with the several assessors OF
the state.
Sec. 4. Any district attorney in the state is competent to sue TO
recover this penalty, or the attorney general. The first county SUNG
through it's district attorney shall secure the penalty.
The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1909-12-11
LITIGATION over SOME
BULLfROG DIST. STOCKS

The following article appearing in the
Boston American, relates to a Bullfrog
company, of which Senator Stewart was
the president and by whom he was sue
ceeded by Daniel j. Shea of Dorchester,
Mass:
Daniel j. Shea, a stock promoter re-
siding in Dorchester, and E. s. Carpen-
ter, were today restrained by an in
junction issued by Judge Richardson Of
the superior court from selling or dis
posing of a certificate Of 100000 shares
of capital stock of the Gold Crest Min
ing company. A subpoena returnable
the first Monday in January was also
issued.
John Andre declares in his bill which
resulted in an injunction being issued,
that Shea and Carpenter are conspiring
to defraud him of the stock. Andre pur-
chased the stock in 1907 when the com
pany was formed. By agreement he H.
lowed his certificate for the 100000
shares to remain in the hands of the
secretary. C. A. Bossemeyer, for ore
year. Carpenter succeeded Bossemeyer
as secretary and Shea became president
of the company. Andre declares that
the name of the company was then
changed to the Lee Gold Crest Mining
Andre insists that they are
still officers Of the company, or if new
officers have been installed, it is a
scheme of Shea's to Illustrate Andres
attempts to obtain his certificate.
According to the bill fled, Shea is the
dominating figure in the company and
Carpenter follows Shea's orders.
Despite repeated demands, Andre de
clares he has been unable to obtain his
stock and alleges that the defendants
have conspired to secret the certificate.
Andre wants them ordered to turn
over the stock, to pay any dividends OF
profits they have obtained from using
the certificate, and sues for damages.
The property is located at Bullfrog, Ne
vada.
The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1909-12-11
DEVELOPMENTS
LEASES

Developments on the Big Florence,
or Maloney, lease on the Atlanta estate
are rapidly becoming of great interest
to local mining men, for two reasons,
one of them being the depth at which
operations are being pursued, and the
other from the fact that the lease is
prospecting in virgin ground Of great
possibilities. The shaft has just been
completed to the 71O-foot level, and
from the 690-foot level a station has
been cut and a crosscut will be started
in a direction slightly east Of north in
an endeavor to cut the Clermont vein,
which comes close to this property ac-
cording to developments in the Cler-
mont workings, as well as defined by
the surface indications Of that ledge.
On the 350-foot level of the shaft a
crosscut is in 140 feet in a Northwestern
ly direction, prospecting for the same
vein, or for feeders of it, that have
given some promising indications al
ready in the way OF values. The lease
is in good condition financially, and two
shifts Of men are being worked, with
splendid progress.
Bigger Hoist for the Century.
Manager Houlihan is earnestly work
ing on the Century and Matilda leases
on the Atlanta, and has just completed
the installation of an 18Th. p. hoist on
the Century shaft, from which the
Matilda ground as well as the Century
ground will now be worked. The Cent
ury shaft is down 375 feet. Consider
able prospecting work has been done on
the Century and Matilda ground and the
principal work now in progress is driv-
ing a crosscut from the 250-foot level
in an effort to cut the St. Ives vein,
which is known to dip into this ground.
The crosscut is in some 120 feet, and
is being rapidly driven ahead. Small
values have been encountered, but they
are spotted in nature, and little atten-
ton is paid to them except as evidenc-
The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1909-12-11

To keep the matter entirely in the
Justice court, counsel for the admins
tratrix brought a number of suits IN
the lower jurisdiction for the amounts
alleged to be due each month. The
district attorneys Office asserted that
the claim should be set up in full and
was a proper action for the district
court first hand. An injunction was
sought to prevent the lower court from
hearing the separate cases. Judge Stew
ems held that, while the point was well
taken, a good defense existed with the
defendant, therefore an injunction was
not the proper remedy at law.
To determine that matter the DIS
trict attorneys Office has decided to ap'
peal to the supreme court.
The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1909-12-11

ing that the main ledge must be close
to the present end of the crosscut.
Rapid Progress on Garrison.
On the Garrison, or Precious Metals
lease, the shaft is down to the 670-foot
point, and there will be no cessation of
sinking operations until the 750-foot
level is reached, when a crosscut will
be driven in the direction of the st.
Ives in an effort to tap that rich min
eralized body. The Precious Metals
company is making an effort to secur
control of the Nevada Eastern ground,
to the north Of its present workings,
and if this is secured, the crosscut from
the $50 level of the shaft will be sent
almost due north and through the Ne
vada Eastern ground. The dip of the
st. Ives ledge would lead to the belief
that it crosses the Nevada Eastern
ground, and it is this theory that the
efforts of the management Of both the
Garrison and the Century leases are
based.
Cherokee Resumes This Week.
The Cherokee lease has been forced
to shut down temporarily, while be-
ing pumped out, and minor repair work
attended to. The lease will resume op-
erations this week, however, and the
crosscut at the 645 level, to tap the
ledge exposed at the $40, will be rushed.
At the 540-foot level a strong vein of
grey copper was disclosed, that broke
down for some three feet in width to
the tune Of about $22 per ton. The
ore could not be handled advantageous
ly here, however, and sinking was con
itnued in order to get under the ore
body. The shaft struck some bad
ground, and no station could be cut
short of the present level.
A popularity developed in the Clog
kept by the management in operating
the lease. The various formations cut
through in the upper levels of the mine
have continued to gradually widen, the
The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1909-12-11
TAKE HENLEY CASE
TO SUPREME COURT

Assistant District Attorney Liechtl
IS preparing to take the injunction de-
cision in the case of Kate Henley, adj
ministratrix Of the estate of w. J.
Henley, against the county of Esmeral-
ia, a matter based upon a claim in
fees, to the supreme court.
The Henley claim amounts to about
$1,000, the late justice of the peace hay
ing for a number Of months during his
time in Office put in his fee statement
to the board of county commissioners
as rated under the so-called high fee
bill. The claim in each instance was
allowed only in the amounts fixed by
the low fee bill, there being a con-
troversy as to which predominated. II
is the difference between the totals that
is being sought in payment in the pres
emit action.
The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1909-12-11

widening being at about the same
ratio in all the formations, SO that
form a "fan" shape. 1t was figured
that the ore body cut at the 540-foot
level of the mine should be encountered
in a crosscut about 100 feet in length
from the GAS level, but the widening
of the strata knocked this theory into a
Cooked hat" The crosscut from the
GAS is in l40 feet now, and the lead has
not been encountered. The character
of the ground shows that the crosscut
is near its goal, however. and when the
ledge is reached the operators will nave
a big ledge of ore better than $40 per
ton, with some 14O feet of Stopping
backs.
Lucky swede to Shut Down.
The Lucky Swede, or LaManche,
lease, on the Atlanta claim, is down 40
feet, and has reached the hosting limit
of the small hoist that has been in use.
Operations will be suspended this week,
when a more powerful hoist will be in
stalled in order that more expeditions
work may be done in the future.
The operations on the Maloney and
Cherokee leases on the Atlanta estate
are of especial interest, as depth and
expensive operations are being conduct
ed in ground that has beer heretofore
UNEMPLOYED. Developments on the Con-
solidated estate lead to the belief that
the big Clermont vein, that has been
traced into the Jumbo ground, adjoin-
ing the Atlanta ON the northeast, cuts
through the Atlanta, and that the rich
st. Ives vein also traverses part Of the
Atlanta, at least. Development work
at depth, to prove up the truth or falsity
of these theories is of enormous interest
to the camp, and will hardly be second
in Importance to the developments in
the deeper workings Of the Clermont
shaft, where it has been proved that
the ore bodies of the Goldfield district
Ego down"
The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1909-12-11
Mines CO.
SOON TO Mill ORE

n. Nazuma Mines company operat-
Mamma Hills property, has COM
...d hauling ore for a second mill
-h;cb both in point of tonnage and
.... will far exceed its first.
practically all of the ore which will
-...sd has been taken from the ore
..oo, opened up to the north of the
~. between the 800 and 400-foot
IL. This shoot, which furnished
~ the ore for the last run, has
now been opened at the 400 level and a
Considerable quantity of ore Is being
..o0ed every day. What is regarded by
-. .ompany as its most important
..,;le is the discovery of a body of
.,oa milling ore directly beneath the
NV ore which they have hitherto had.
This body, which is at least eighteen
inches wide, lies on the foot wall and
v.s uncovered at the bottom of a fifty
foot winze from the 3O0-foot level. The
fs.t that this body of ore will add
ueatly to the tonnage, without adding
ANYTHING to the cost of extraction
makes its discovery of the utmost sig
ni6cance. In one shift two men were
able to break and hoist five tons of
this ore.
The incline shaft has been sunk IN
additional forty-fve feet at the present
writing and is going down at the rate
a foot a shift. With this continued,
before spring the lessees should be stop
ing ore not only from the north shoot
also, from the silver shoot south on
the 5O0-f level.