Omaha Daily Bee Newspaper, June 13, 1885, Page 4

o WO LS 05 T BO Y ! THE DAILY BEE. 016 Fanvax St TrisoNg Buitn Owana Orrice No, 914 ax New York Orrics, Roox 6 188G, Pub'ished every morning, except Sunday. The only Mondag morning duily published fn the state TR BT AT One Yoar 1000 | Three Months. . Bix Months 6.00 | One Month.. The Weekly Bee, Published avery Wednesday TRRNS, TOSTRATD, One Year, with preminm One Year, without prenium Six Monthe, without premiun One Month, on teial.......... CORRRSTONDRNCE All Communications relating to Newsand Editorial mitters should be addressed to the Eorron ov 1is ban. nostvRss LETTRRS All Bosiness Lott and Remittances should he add 4to Ti nxe C ANT, OMATIA. Drad r8 to bo made pay able to the order of the company. THE BEE PUBLISRING CO, Peops E. ROSEWATER, Eprror A. H. Fitch, Manager Daily Circalation, P. Box, 488 Omaha, Neb Direcror Buremarp of the mint must go. His name is agalnet him, Mavor Boyp his gone to Washington but the government in Omaha still lives, Tue Republican has learned not to monkey around the buzz saw while It ls motlon. Tur next timo that Vandervoort cir- culates that exploded slander he will be called to .:co:nc for 1t in the courts. TuuiNors Is threatened with anoxtrases: pion of its leglslature, which has already been in sesslon for nearly slx months. f: Vaxpervoont testified that he had no A VINDICATION, A jury of twelve men, good and true, has at last, after a fall hearing of all tes- timony that could be gathered and a thorough discusslon by able countel, completely exploded by its verdict the libelous story that Edward Rosewater, editor of the Bk had been disloyal dar- Ing the war, and was acting as a confed- crate apy. This maliclons slander, like 0 [scores of other baseless falsehoods con- ' corning his cheraster and conduct, had been concooted and circulated by a gang of politioal desperadoss, having thelr headquarters at the Omaha Republican offise. For years a bushwhacking war had been kept up through that paper and 1ts satellites upon the editor of the Bk, and the only redre:safforded agalost these flagrant ontrages were repeated denlals through the columns of this paper. There Is, however, a limit to endurance even with the edltor of a dally papsr, who hes served as » target of malice, slander and vilo calumny. When the Republican two yi.ca ago maliclonaly republished a charge emanating from one ef its country satellltes, charging Edward Rozewater with being a confederate spy and a traltor to his country, complaint was promptly entered agalnst Casper 5, Yost and Fred Nye In the in the criminal court by him, and a civil damage suit wayalso commenced against the 7ribune printing company, publishers of the Zeepublican. The parties waived examination In the pollce court and es caped indlctment by a mere scratch. The fact was that the grand jury unanimously Indicted Yost and Nye, but through tome peculiar method best known to those parties, the vote wes reconsldered and use for Rosewater. A msn by the name of Gresham had no use for Vandervoort, Hence these tears, Durine the frtal for libel, which has just been concluded in the district court, the presence of Frank Walters was sadly missed by the propristors of the Repub: tican, Acria-Mavon BECHEL isa very safe man at the head of municipal sffalzs. He will dischargothe dutles as well as they have ever been by any of his pre- decesaore. Tuere is no telling what a day will bring forth, but it {s not very likely that 1t will bring forth the resignation of Marzhal Bierbower, if Mr. Boyd knows himself or his son-in-law. Mz, TuurstoN thought It was very audaclous for the editor of the Bee tu come into court and ask for a vindication at the hands of a jury for a libel. The jury thought otherwlse. Tre corporation editors and hench- men who havo made it thelr bueiness to re-ccho the stale slanders emanating from the Republican cflice better take warning from this time forward. Wituiax SrarLeron, editor of the Denver News, has been rewarded with the appointment of melter of the mint in that city. The only experience that he hay had In that line s with mint juleps. Tue Buckingham theatre re-opens to- night under a new mansgement, and with a moral performance. The transfor- mation scenc, under the auspices of the ‘Women's Christlan temperance unlon, will nodoubt be a pleasing ¢ pactacle. AnONG the charges filed agalnsta west- ern postmaster 1s one to the effect that he has beenan agent to procure subscribers for the New York 7Tribune, “Off:nelve partisanship” is certalnly a very elastic device, and can be stretched in a wonder- fol manner. Amon the many candldates for ihe postmastership of Qulncy, Illivois, is a man named Cleveland who has been ad- vertlsing himself as a cousin of the presi- dent. His chances were coneidered good until the president declared that he was no cousin of his. 1t would seem that this convicts the Qalncy Cleveland of trying to obtain a postoffice by false protenses. Prorerry to the value of €8,750,000 was destroyed by fire in (hls country during the month cf May. This is about ten per cent more than the average loes in the eame month for the last ten years, The lacreasing waste of our national woalth and resources by fire Is one of the most sorlous problems connzcted with the busloess future of the country. It Is a drain which is constantly growing more serfous and at the same {ime more [of attention, and our clty Is recelving | that lald low the inexcusable, With Improved methods of preventing snd putilng out fires,there ought to be an Improvement rather than » change for the worse, and the concla- slon Is almost Inevitable that to careless- ness alone Is due the greater part of the heavy fire lozses of the Unlted States, So many unreonstructed and unre- pentant rebels havirg been recognized and rewarded by the administratlon, Joff Davis naturally assumes to have sowe lnfluence with the democratic bosses at the national capital, He has recent the Indictment quashed by a vote of eleven for Indictment and five egafnst, Even thls was within one vote of the number necesiary to indlct. And now after two yeara of delay the civil court has passed upon the cage In a rogular jury trial, and the verdiet fe not merely a vindlcation for the editor of this paper but an emphatle rebuke to the slanderers, Ordinarily the editor who Is competent tosuccessfully conducta daily newspaper, can fight his own battles without the interventlon of the courte, The llicense which the pross enjoys In controversies over publlc questlons and the attitude of editors with rogard to their respective posltions iy vory broad. Dunring heated campaigns edl- tors may lose thelr temper and call each other knaves and idlots, with- out any reeort to law. But when all bounds of decency are overstepped and slanders are forged for the purpose of blackening characters and destroying popular confidence which is the basis of influence and presperlty of any newspa- per, the editor has only one of two meth- ods of redrors left open tohim. Ie may take the law into hiyown hands by shoot- ing down the malicious libeller, or he THE DAILY BEE--SATURDAY, JUNE 13, 1885, x=.———_————_—_—_——— accounts have heen so adjurted and found correct. OTHER LANDS THAN OURS, Like a thuader clap from & clesr sky there comes the snnouncement of the defeat of Gladstone In the house of com- mouna on the eecond reading of the budget (appropriation blll) and the dissolation of the cabinet. Oa the eve of a general election Gladstone and his ministry are compelled to make way to the torles who have no better hold on the vommons or the people than the liberals have in this oriais, Nelther the calamitous campaign In the ccercion in Ireland, could accompush what has been brought about by a slight in- crease In the taxes of beer and spirlts, This was a question that came home to the British bosoms and business. When Mr. Gladstone wrung his hands on the announcement of the vote he was proba- bly thinking less of his own defcat than of the petty lssue upon which It was achieved. He may have boen thinking in that moment of the scorn which the government of Turope would ex- prees over the people who could con. template with comparative stolidily the disasters around Khartoum and the hu- mility of ita diplomacy by Ruesia, and yet could be aroussd to the overthrow of its govermen’ bya ehilling Increase In theltax of whisky. ‘While the whole strength of the oppo- sition was put forth In the vote of Mon- day, there were many absensces on tho government benches, Should the tories accopt power now they will be likely to encounter a hostile honse on very differ- ent (uestions than the increased taxes on beer and spirits, 1n the general elections which will be held In November the real trlal of strength between parties will be made, and the result will probably dotermine the control of government for years. The liberale have a decided advantage in the contest in the extension of suffrage to a million of new voters and in a new dls- tribution of seats, Poceestion of piwer in most countries lo regarded as advan- tageons in political contosls, but government pressure is little felt in Enoglish elections. In the coming contest the narrow lssue presented by the torles in the vote of Monday is the small in- crease In the beer and whiskey taxes, or, as Gladstono put it in the debate, whether lu raising revenues, cholce thall be mada between alcholofe liquors or the innocent beverage of tea, This is not a question upon which a great party can go to a country and clalm its confidence. Of course the torles will endeavor to make the most of the Soudan calamlty and the government’s policy In Egypt and Afghanistan, bnt upon these ques- tlons the sent{ment of the Engllsh peo- pls {s unmistakably on the side of the defeated minlstry. History is perpetually repeating itself —especlally 1n political affalrs. In 1846 Peel wontbe greatest of his parliamentary victories under tragleally adverse clrcum- stances. On the very day thatt' e Times announced that he would propose the repeal of the corn laws an acute cabinet crieis came on, and Deel absolutely went out of office, thovgh it was to retura to the premierahlp atter a fortnight of con, fuslon, “'like,” to quote his own words, may appeal to the courts for a vindica- tlon, This was preclsely | the cato o thls instance. The proprietors of the Republican had fabrlcated icfamous falsehocds and dam- aglng libels, and in spite of denials, kept up this system of bushwhacking because they regarded themselves as privileged to make a target of Edward Rosewater. There was no political campaign pending in December, 1882, when they repab- lished the confederate spy story. They knew it was false, but they republished it because it served their parpose in prej- udiclog the old soldlers of Nebraska sgalnet us, Called Into court to answer for this libel, they defianily eet up the ples that Edward Rosewater had no character In thls communlty, and further- more that the confederate spy story was a notorious fact, When called for the proof they not only failed to make a showing, but thelr libels were dlsproved by indublt- able testlmony of the loyalty and efficlent services of the plaintiff In the unlon army. Thus thelr iafamous charge was completely rafuted, and the slanders for- ever silencad with regard to this libel, Incidentally we may remark that no attempt was made on our part to estab- llsh consequential damages. Alithough the sult was nominally for $10,000, thke amourt awarded us was all that could be expected. It carrles with it conviction for libel just ay it would have been through a verdict of guilty in a criminal conrt, If it puts an end to disputable journalism as carrled on by the sabsldized corporation organs in this Jstate it will prove bencficlal bott to the profession and the public, Tne recent shipments of Omahadressed beef to Boston bas attracted a great deal considerable free advertising, of the most encoursgiog character, by reason of It. The Boston Advertiser i Omaha is “‘bound to be bi s the cry of & Nebraska writer who is devoting his energies to “booming” the city named." As\Duluth aims to draw wheat away from Chicago by estab lishing better elevators and & cheaper line of trantportation eastward, #o Omaha 18 propar ing to localizs the elaughter house bueiness, and send only butchered meat across the Mis sissippi, It costs more to transport live flesh than that already packed for the market This point is now being forcsd home on sellers in Omaha by the williogness of local slaught erors to pay more for live stock than the “‘a man restored to life after his funerai eervice had been preached.”” The corn bill paseed its final reading in the houss of lords on June 25,and on the same day Peel's minlstry was overthrown on the 1rish coerclon bill. *‘He bad crushed ('Conuell and carrled fres trade, and (O'Connell and the protectionlsta had life enough yet to pull him down, like a conqueror who, having won the great victory of his life, is struck by & hostila band in gome by-way as he paeses home to enjoy hls trlumph.” In 1873 Mr. Gladstone, the first English prime minlster who had ever really perlled office and popularity to serve the interasts of Ireland, was defeated on the bill to give Ireland a national university, through Irish votez. When he resigned Mr. Disraeli declined to form an adminla. tratlon with the existing house of com- mone, and on belng urged to take office and diesolve parliament, refused declar- ing that the functlons of an opposition were critical, and he had nothing in par- ticular to dissolve them—let the ministry dissolve. Finally Mr, Gladstone returned to office for a few months; then dissolved the houee, and went down like a etone in tre troubled waters of the gen- eral elections Late In 1878 Lord Bea- consfield returned from the congrees of Berlin such a populer tdcl as had not been known in the political bistory of modern England. Early io 1880 he ap- pealed to the people, and his administra- tion was burled under an almost unpre- cedented parlismentary majority. Mr. Gladstene returned to office with a clear majority of slxly-two over the conserva- tives and home rulors united; he has just been beaten by twelve, Itis worth re- marking that during the Viotorisn age a dissolution has been singulacly fatal to the minisiry bringing it about, Iiis difficult for impartial lockers on to account for the wild enthuslasm of the Painellites over the defeat of the Glad- stoue government. The cable tells us that they pointed thelr firgers at the premier, yelllng the. while: “That fs the prico of coerclon !” “Down with Buckshot Forster !” ‘‘Remember Myles Joyce!" and other hot taunts, Appar- ently they could not have been more fiercely glad 1f the vote Gladstcne gov- ernment had Insured Ireland its inde- pendenca. In the eetimation of the s ber observer Ireland has far Jess to hope from the party with which the Parnell- {tes voted than from agovernment under the leaderehlp of Gladatone, However much he msy have falled to do for Ire- Jand, however exasperating may have been his half-way measures, however barsh and unjustifiable may have been the enforcement of the coercion act, no one can deny that In the five years aince his last ss:umption of the dutles of premierehlp the condition of Ireland has been constantly amelloraved through his wisdom, forbiarsnce, and great parllamentary astuteness. The peasantry of Ireland have nothlog to ly furnished an office-secker from Cal-[azents of Chicago firms are prepared to|bope for from the sccesslon of the tcries ifornla, Samuel Brooks by name, with s letter recommending him as s eultable person to be appolnted assistant treasurer at San Francisco, This man Brooks was one of the seconds in the noted Broderick-Terry duel, and was known all itrovgh the war es & robel symps- thizer, It ls this knowledge which en- dears him to Jeff Davis, and brings him forward as an indoreer of Brooks, It remaing to be seen, however, whether en endorzement from Jeff Davis carrles any weigat wich it, and whether Mr. Cleve lard can afford to r:eoguize him, even if e has brought other rebels tothe rut Consumers ought, in the end, to beuefit by this tendenc) Tur Omaha frievds of R. B, Harrison, assayer at Helena, Montans, will read with pleasure the prompt denial that hae been mede to the charge that he had been using the government for moaey speca- lative purpoees. The telegram imsking this serlous charge,and which was eent out from Helena, is pronounced a forgary by the author agent cf the as:ozlated pross whose name was sizned toit, It sppeara that there is no evldence what: ever walnst Mr, |Harrlson, and that bis to power, whatever couree the Irish par. leament may pursue. The tory leaders by tradition, aseociation, soclal relations and political bent ere the friends of liith landlordism, Sir Poter Lumeden on his way back to England, has stopped In Cons‘antinople to protest agaicat the folly of basing the feontler between Afghanistan end Rus- sian Turkeystan upon etbnographical consideratious, and be predic's a speedy renawal of the irouble batween Great Brltain and Raesia a8 & resalt of taking the population of the dieputed territory iato ascout. Only thoee ismiliar with the dlstribution of the tribea aud reces which acknowledge the soy ty of tho Ameer ean eppreciate the forca of thls polnt, and in all futare Afghan complications it will beestential to a clear nnderatanding of the situntion that Afghanistan be recognized as the home of many nstionalities totally unlike the Afghans and eecretly hoatile to the rullng race. Thereln lles Kng- land’s great disadvantage as compared with Russla ia all dealings with Afghan- {stan, The Afghans proper mostly live in the eastern balf of the country, and the fiercest, most intractable tribea in all Afghanistan are pext to the Britlsh front. fer. It is Imposeible for England to en- ter Afghanistan as an enemy without at once encountering the whole strength of the most warlike, bigoted, and Inde- pendence-loving mountaineers in Asla, and a British army marching toward Herat would be flanked for hundreds of miles by arace of warrlors who cannot Soudan, nor the Afghan affalr, nor yet | bear to see foreign eoldiors on thelr torrl- tory. On the other hand, Russla faces the part of Afghanistan, which fs inhab- ited by Tarkoman trlbes, Perslans, and nomad races who hate the Afghans, or at bert are very indifferent to them. In Herat there are fow Afghans aslde from the soldiera of the garrlson, and the whole surrounding coun'ry is open to Rueslan Intrigues. Tho recent visit of the Eoglish min- ister, Lord Rosebery, to Count Bis- marck, although It lasted but forty minutes, must have been somowhat un- palatabls to that diplomat. According to the Berlin correspondont of the Lon- don Times, durlng the forty minutes Bismarck had time to notify Lord Roee. bery that England ought to qalt Egypt, the Soudan, and Afghanietan. As to Egypt, he expressed himeelf very ress- lutely to the effect that, ss Mr. Glad- stono would not follow hla first advice and Angliclzs {t, he must now interna- tlonalize it by putting a sirong and popular khedive on the throne, then nea- tralize the country and leavo it to take care of itself. As to Soudau, he was of the opinion not only that Eogland must get out, but that she must itetall efther Italy or Turkey as her successor not only in the Soudan but at Soakim and on the up- per Nile. About Afghrnistan it is eaid Blamarck spoke with more than his “‘us- ual frankness,” and declarad that it was foolish to dream of defending India by guaranteeing the northwestern irontler of Afghanistan, “‘This,” says the Ia'l Mall Gazotte, **is the German iden, Russia,llke Auatrls, is to be pushed eastward, ‘Drang nach Osten’ !s the watchword of the German both ia Vienna and in St Petersburg. It is more convenient for Europe that Russia thould break her teeth on Afghanistan rather than on Tarkey, therefore England had better get out of the way and abandon the ameer to RRuesia, even beforo sae aban- dons the khedlve to Europs, Bismarck’s views of the situation must be quits in- teresting to the tories, who are now about to como into power, especially his “frank” view of the Afghan squabble, particalarly as these same torles only a fow weoks ago were howling themselves hoarse fcr war. Russia’s schemo for the ccnstruction of a ship caual and counecting the Baltle and North eeas, of the cost of which she propoees to pav a little less than one- third, and laave Germany a little more than two thirds, is interesting from a po- litlcal a8 well as a commercial stand- point. If such a canal were opened it would at once bacomo sn import- ant highway of Brltish commerce and as such might lead to complications between England and Germany In cass of wur between Great Britaln and Rus- sla. Moreover, the joint ownership of a canal by Russla and Germsny would nat. urally draw the two couatrles closer to- gether, and anything which worked sgalnst England and in favor of Russis at Berlin would be deemed by Muscovite statesmen worth accomplishing at any cost, 1t s curious to observe how the vari- ous European nvatlons seem to have awakencd to the opportunities for ag- grandizemont presented by Africa, Up to half a score of years sgo It seemed that they regarded the ‘‘Dark Contl- nent” as & mysterfous resting place for fevers, ague, bloody sacrifices and hope- less idolatry. Oa the west coast the English, French and Portuguese have & tew emall trading statlons, barely recog- nized by the homs goveraments, and studiously neglected in every politieal sense. Algiers was bat a tralning ground for the French army, and the Cape set- tlements were maintatned unwilllngly by the British, principally becsuse Cape Town was a convenlent coallng station and harbor for natfonal ships goinz to India and Australia, To-day almost every Esropean power, except Russla, Is contending for the mastery in varlous sections ef this long-neglected sscticn of the fertilo world. The Congo country has been ze'z:d upon nominally be an fodspendent organization un- der the protection and paironage of the king of Belgiane; really, us auy one can see, to become In time a eourcs of «unar- rol between Englond, France and Ger- mapy. Italy has her designs on Tunis and the Red Sea littoral; Spain eeeks *‘gerritcrlal compensstion” In Morrocco, and now comes Germany wlth the sud- donly developed determination to paronize, control, and finally own, the Sultanate of Zinzlbar. The sovereigns of thls country for two generatlons past, while maintaing felondly relations with the Portuguese, have had, for the principal article of their creed, belief in God and the Brltish government, occasionslly traneporing the crder of their names when the latter seemed speclally powerful. The German kalser, .or, rather, Prince Bismarck, seems to have come to the opinlon that this fs a fitting tlme to convert his present majesty of Zanzibar to a mnew faith, Anyway, a powerful German floet has been ordered to the port of Belled-Zinzlbar, with in- structions to bring the sultan to a realiz- ing sense of his true pesition, and partic. ularly to convince hlm that he has been nowlse In placing faith in the sayings of the British consul, e —— Pretty Prudish, I am a modest littlo maid, Who thinks it more polite To bid & man “good evening,” Than bid & man “good night.” And if the human members Are introduced by him, T always call an arm an arm, A leg » “lower limb,” T am & modest little maid Who never goes to bed, But to my chamber T "retire” Most properly instead, And when the chaste Aurora Unseals my sleepy eyes, The act which some call getting up 1 designate *'to rise.” I never speak of feeling sick, But say that I am *ill, Andbeing in my dress 1 stylo en dishabille in fact, I always heeitate To call a spade a spade, vou see, I try to be ¢ little maid, ~[RoBERT ANT, in Life, —— oddard has accepted the ‘L_lvnn'.ull: in the university of 3-gown THE CELEBRATED CASE. Arguments in tke Case of the Usited States vs. Brighton Ranch Cat- fle Company, Miller Holds a ssion of the U.%, Circait Justice Samue! ¥, Epecial § Court—Arguments of Dist, At torney J. H, Lambertson and Jadge Woolworth, Justice Samusl T, Miller called a special session of the U, 8, cirenit court for Ne braska at 10 o'clock.this morning, for the pu- pose generally of hearing a few motions that had been sot down to come before him, and especially to hear final arguments in the cal- ebrated Brighton Ranche cise. The vener able justice eaid that he could not epare more than two days’ time here, and in view of the sultry weather it was his desire that the at. torneya ba a8 brief as poasib'e in the presenta: tion of their mattors, Members of the legal profession present were 17, S, District Attor- ney J. H, Lambertson, .M, Burkley, Judge Woolworth, Hon. N. 8. Harwood, and T\ M. Marquett, of Lincoln; G. S, Waldo, of Ulysges; Judge De Wight Hall, Mr, Quinn and C. E, McGould, of Lincoln, Aftor hearing o few preliminary motions, the Brighton Racche case was called, Dis. trict Attorney Lambertson stated that he had been requested to withdraw the name of 0. S, Webster, who has heretotore abpeared a8 0no of the nttorneys for the United stat Mr, Lambertson, on behalf of Uncle Sam, presented the case, which, in substence, is that on February , 1881, a bill of partic ulars was filed againat the Brighton Ttauche company and Vergil Allyn, charging that by enclosing £2,000 acres of land with & barbed wire fence, they had intimidated and ob. structed people, who had deeired to perfoct their rights as homesteaders; 1t is also stated that in the light of all allegations sst forth defendants have greatly interfered with the progrees of agriculture, by fencing up these public = lands. In applying for an ipjunction, und when the answer was made, said answor proclaimed that inasmuch 13 the Brighton ranche com pavy had been organ for the cultivation and maintenance of blooded live stock in the state, they conld not well do #o without the fenca, 1t was shown that a large number of stock cattle and 150 head of fine blood bulls were maintained there, When the government anticipated to show that this fenice was a public nuisance they set up the reply that the fence was necessary to keep this 150 head of bulls from runving at largo all over the country, und further that as they held a lenso or deed in trust to the lands, said lands ~ were no wmore a part of ' 'the public domain, This ranche is located in Custer county, about two hundred miles west of Omaha, The suit has been pending eince the time stated above, and was heard at some longth not long ago by Judges Foster and Dundy, who made an order for the taking of the testimony and also for a resurvey of the fepco line, In the meantime the Brighton ranchs company has moved its fence in until now there are not over 10,000 acres within the enclosure, The government claims that of this amount there are at least 15,000 acres unset'led. At the time this suib was brought, said Mr. Lambertson, there was 0o law of commerca to prohibit the fencing of the government domain, But since that time there have been enactments made, and o number were read which prohibit any eeclosure of the public domain But whether in this case !the fence can ba called an enclosure, considering the fact that there are two gaps or opeuings, each one- quarter of a mile in length, it would seom that the enclosure was sufficient to answer a'l pur- poses for retaining the stock and also ba &n effectual obstruction to the settlament of gov- ernment lands on the inside. In eupport of this position, the district attorney qiute elo- quently declared that the more existence of & tence was suflicient to keap out settlers, and when men in search of homes come to and travel for miles and miles along a fenca they paturally suppose that tho land s taken by somebody else, notwich gtanding the fact that they might seo just over said ferce many claims of desirable Jand. The boldness, effrontery and cool audacity, continued the speaker, which thcse men have assumed in appropristing unto themselves property belonging to somebody else is with- ont precedent. The settlers who do_own snd live on claims within this stupendious n closure are constantly annoyed, harassed and driven almost to desperation by the com Enny's cattle destroying their crops, The ravado conduct of Vergil Allyn, and ths in- timidations that he used at numerons stated times, to cowo and conquer p:ople inclined to defy him a little, were wet forth at length, To the wonuer in which Mr. Allyn and his men rode rough shod, heavily armed with revolvers, repeating rifles and loaded whips, over the ranch, is laid the primary cauze of one murder, of o settler, committed on the ranch. “Tdo not charge,” said Mr. Lambert- eon, ‘‘that Allyn committed the murder, bu- two of his men did, aud we claim that his de meator brought about the sad state of affairs. Every employo of the Brichton ranch cem pany, says the district at'orney in his argu. ment, took lands withia ths incloswe and Allyn built their houses for them, The nam of a woman and five or gix danght; who are designated in the distr o tulk o “a regular Vinafore family,” and overy ono have tsken up lands on the ranche, eome of them 100, others 320 and ons or two s much as 480 1of which is now com- trolled by the Brighton Ranche company, The fertility of the eoil, beauty of the conn try, and desirability of makiog homes Custer county, wera featwies eet forth houor at longth, but the cream, the cha bottem mnd v lands i the county ore taken ard fonced by this cox L und not obtainabla by emigrants, “Can the defendants enclose theas lands with a fenc?, located on lands taken up by settlers, and thus maintain uosettled lands agaiust those seeking homes?” was a question of law in this cage that Mr. Lambertson urgued at length, Tu closivg, the epeaker grew quite elc quent, avd his utterances were as follows: “‘Well might Vergil Allyn exclaim I am monarch of all T survey, My rights, there are none to dispute, What was but a barren waste I have reclaimed and conquered for the purposes of civilization. With such feclings they little thought of the poor homesteader in his dug-out or sod house on the table Jand where day by day he was fighting the battle of life; who looked longingly on tho smilivg valley ro tempting to the few cattle be had, but who are cut off from the common rights of pasture and water by the Brighton ranche compan; They eay these lands aro rough and valulees for the purpose of agriculture, ~ They sald exactly the same thing about the lands in the valley, Dut that question is not for them to decide, Neither is it for us Americans to de- termine. It is not aquestion whether an Auwerican con conquer these rough lands and wrest from them a precarioas living, The 70,000 immigrants that in & single month land on our shores may take s different view. What can the Swede, the Hollander, the Dane, the Russian menobite, the Irish man, the Gerran, do with these lands, It will be left to them to eolve the problem. They will come and plough and till these bulls aud rough lande, and prosper, and the wild west will become the granery of the world, The swarms of immigration pressing towards the sunset turnud back by the Rocky mountaing will flood all thete lands with the representasives of all the races of the earth, and the once universal belief as to the ster sility of the oil will prove an allusion as the mirsge that allured their advancing steps day by day. Nay more, this mirage 80 entranc ing to their vision throwiog into clear re- lief troes, houses, towns, and villages will be come accomplished facts, Because this land is pot suitable for agri culture is no spswer to our argument, It is suffizient for the government to say this is my land, I have set it apart for the settler, and it is for me ta decide whether it should be lefe frea and open to them when they sro ready for the herituge I have given them., Again the settlar, with asmall bumber of cattle, may want 160, 32) or 450 acres of this land for the purpose of raising cattle, aud it way for that purposs be as valuable to him as land bst adspted to agrculture, ause it is suite abla ovly for cattle graziog is no e ————_ ] leges. The United States in hvrm]v'mmlvfini‘n siogle box is given greater eare now its own; that it be ieft undistarbed for the th 1o f back t purposes it was ¢ . apart by congrese, ATl OF IC were a few years bick. 1 .|~|4I-|.d.m are trespasscrs on those linds [ aingle loaded oar for the wast s fouad without any color of title recognized either in : equity, justice or law, and should be ousted | At the transfer st night an engine ls from ths domain they have usurped.” dispatehed for it, and 1t is hurrled to its At the close of Mr. Lambertson's argy deitination on the fit train, These are some of the ap- preciable changes wrought by the new whih continued until after 12 o'clock, the court took a recass until 2 o'clock, AFTERNOON SESSIO! When Justice Miller had_the court ealled to order at 2 o'clock, Judge J. H. Woolworth | managers—changes made necessary by attorney for the Brighton Ranch company | competitim on all sldes. Added to this the speed of freight tra'ns have increased from fifteen to twenty-two milesan hour, whils the regular through frelghts run on twenty-five and twenty-o/ght mile orders. commencsd his argament. In substance he sald: One settler out of the many had heard somebody eay that they had rather have the fence down than there, But this witnees testitied that ho had never cxpericnced any trouble. When he euffered damages from | The Increased business of the road show stock Mr. Allyn had paid him for his dama- | how woll these improvements have been #he men who aro antagoniatic to Mr, Allyn [8Ppreciated and proved the far-seolng are the ones who object to this In tho | Witdom of the management. matter of Province's murder, two men one| The coming fall will witness a romark- nawed Loug killed him, but neither of them, | able contest for the live stock traflic of 73‘0“:51“ ige \\I:u:lxlv‘;rllnl‘hml) over been em” | Nehraska and Wyoming bstween the ves of tho Brighton Ranch company. Tnion Pacifi A MoDermitt n"‘“ lnl(\ 5 d“‘:’ )“"""‘,l',{r men | Union Pacifiz and Burllogten & Missouri, stolo half a dozen cattle and made beef of | The spring tuassle, thongh a lively one, them, In this they were detected by Allyn, | was only & prellminary to what may be :L‘d p':nnn'\’lblfl;‘li h't;lncn the outlandish tales | expected {wo months hence, The former ey have told in the case. i ve " What wo bave 1o dotermine, said the [ (1 'enenY 1 h"’"g °""|“-“°d m‘-rh;"ll'("" spenker, is whetber this fenca is w subject for | 1) CAtH0 cars, aud putliag on air brakes complaint, He would not attempt to say that [ PF¢paratory to runniog stock trains thirty in per teo tho fence might provent scttlers| miles an hoar, Theso trafny will make from goiog into that scction, but that any [ but few stops and will divide “?“]’m are l;evt "Y“"\‘,‘,' acts of lxn“--xinlnllwvn. righta ard honors with patsenger tralns, violenoo, or forco, by Allyn, 18 totally denied, Its poastlla /Lt sleeni On tho other hiand Ar, Allyn's record shows | 1t 18 QU3 possible that sleeping cars for that he invited and solicited seitles to go | throughbreds and bofle: cars for punch- within the enclosure, Witness after witness [€rs will be addea beforo the season have come up and testified that theae lands|closes. The B. & M. is ot idlo hy any l".i"’l‘l.ifi‘.’f.':m’,'i." "..,,’{},';f“,"",’l“f',' cl[m;u, means Its numerous upurs tappiag the graciog purposes.s o lands G6 for | Union Pasifis st impottant points - h o “Our fence,” saill the judge, “‘runs around knocked off a gord elice of the latter's tho deep cut rough eavyons aud low lands, |Fevenue. The extenslon now halng bullt but leaves all the good table lands out, and [from Holdrsge to Ogalla'a {s intended as in this enclosurs, all tho land fit forsettlement {a dircct bid for thare of stock is taken.” The testimony of Mr. Michnel, |teaflic at that point. Ogallala Is was read showing that he had traveled day |qpo 1o 8 Lo ¢ after day in the erclosure to find good lands, | the heavieat stock shipplng point in Ne- that wero untaken, but could find nono. | Dratka. 1t is fn the heart of the grazing Therefore the chavgo that the fence per see | district of tho state, and will doubtless was ::;wm-o!]l_clauvo tanvtfllwn\flnti-purc\npt!\tly hold its position at the head of the list negative, The matter of pasture and water | f, p for cattle only one man complai ; % L ’““d" °“‘“f,‘ DU 1A, B8R DETsteA. s o Ioatle orce of mcn and tosms heretofore em- watering of the company’s cattl ployed on the proposed Ashland *-catoff detriment, Much complaint was have bean traneferred to the Ogallala line, and every effort will be made to put rosson why the Brighton Kanch company should scnopohze ho grass and water privi- TO PUBLISHERS. cotas tho mall h-tl\\'puu Pium creck and Ar nold was prevented from crossing th in running orde 5 The only o structions said the speaker, was a l\)‘: ,:;;“,d UM LU BRI fusal of his clients to pay the mail carrier [ 453085 s § FhA S FOE HpetioR LAl LIowBi Al It isnow definitely known that the uly interterenca at any timo was the | bullding of {ha proposed Asiland branch of gates, of which there sro twenty [ot tho B. & M. has been sbandoned for Kriotion a0 thike: 10 & was-of the ‘pulite | Lo Lroments Tho caneo of il o on_are these to & use of the public |peavy wrading e c i Jands? The record is besmeared from end to [ 0¥ Grading neecemry to meko o firat- end with personal controversios, which are | €138 road - bed. The . company brought 1nto court £ot to show thareal (ues- | caleulates that it is cheaper 1o operate the tion at issue, but they ars brought in to as- | present lino to Omaha than to build the :L:rltnlc‘t“tci\:‘x:’]x:un:;?v:;“f\v‘hli ;nuna vevere | et d,” The preeent line to Linesln is > otherwise would do. N el ¢ "This fence was bultat & timo- when_tho | thO hortest by sovoral miles, and ontil countey was almost wnoccupied, What | FIV4l roads shorten the cistanc: the would have bzen the policy of the country | ‘‘catctt” will nct ba bullt, whether the act of 1507, n the statute| oo electorn of Sherman county will l:i:h'l!(f:‘:\l:: ,t‘;;:cm ):1,'\111(0 l‘('ll")'(nf un; Fovern- | yoto, tho st, on the proposition to ore a century has been [ b g 438, 3 to encourage settlers to go upon the public ]t““d,lh“r""“"‘yv“" ) oI Iand and locate. Tho mon who came across | 2ranch cf the Unfou Pacifio to Loup the river in a cordance with tho settled policy | City. ~ The propesed line will ahead of congrese, and shead of the surveyor, | stsrt from or near St Paul i;‘z;y-u{:ltlt:a l\'}:-:y;;fiv]\;:nic“-::xleginid(‘l]iunc; of [in Howard couniy, running northwest- 5 e esta in this west: | ward to ¢ Ty arn country sprung up, feuces wero built and | 10, t0 tho point named. “There wlll bo nobody complatned: twenty-ona miles of road in Sherman Had anvbody roprosenting thy eovernmont | cOunty. From prescnt indications it 1 came to us and said that this fence was im- [certain tho horda will carry by a geod peding settlement and blocsing immigration, f mej_rity. The county is sctiiing up rap- acd wethen would have refuved to remove it, |ialy and the nesesslty of transportation then Was time onough to bring us into court. | (" h otk et in ot by all The general drift of Mr., Woolworth’s ar- LU DL L gument waa to the effect that thia fenco was| The Northwestern road has crossed the no matter to be complained about in the d hills west of Valentine, and resched couts T ; tie ferttle country arourd Chadren. The \ lurgo amount of tho tostimony, and es |ircn Lorae was expected in Chadren thls pecially that of Bishop, the county surveyor, t - St R T Wwho submitted a platt thowing the line of the week, six wocks aiead of contract time. fence, was reviewed at leogth and the princi- [ 1478 10w certsin the road will be contiu- pal points set forth to clear understanding. | ved westward znd will reach Wtite river The platt was shown and minutely ex |bzfoie enow flies. plained to his L Sumeen li s But, dcl g can’t tell APER OUTKLTS. with accur is on govern- s ment or privato Lind, *'Pliintiffs come_into this court and complaia that the fence is on = government land. They want to prove it The Western Newspaper Union, at r:itll‘-:rt tvlvllf.{r:nv\l': :.;: “&f,i',’;";,u%";:"c‘ 1.-\1} ()muhn.lin xlxdnlition to furnishing al} e her, atched parcels of | gizes and styles of the best ready printed }::Eulzl:‘;r;okselx‘:i)x)éylfik:l‘.“ tour miles of the | g)igotg inAlbe country, makes a specialt; "This brings us to the two questions: Fir:t, | Of outfitting country publishers, bot] whether the fenca is matter for complaint by | With new or second-hand material, sell- the government; and, secondly, whether this [ ing at prices that cannot be discounted ;Nhfl proper tribunal in which'to try the con- | jn"any of the eastern citics. We handla roveray, orythi eded | 0 Thess sottlers have mato claims in pur | 2P0UL everything needed in a moderate o Tni q sized printing establishment, and are suance of the laws of the United States. If Bl 2 they havethe right to go upon these lands, | S0le western agents for some of the best improve and eajoy them, they have rights| makes of Paper Cutters, Presses, Hand against zhlch the government can's complain. | and Power, before the public. Parties A number of estabhshed authorities were | n}out to establish journals in Nebraska uoted from ts tain th fensi - J deary oo S nihe dufensive proposi-| o olsewhero aro invited to correspond Part of the fenceis on patented land, and [ With us before making final arrange- how much is not? From the record nobody | ments, as we generally have on hand can u{:um!y. and for that roason the speaker | second-hand material” in the way of thought it would be a hard matter for| yype, presses, rules, chases, cte., which the court tomake a decree prostrating the| v\ "} o socured at gonuine bareains fence. All the charger, continued Mr. Weol- | G'1 D€ sceured _ genuino bargains. worth, about entries of ‘public lancs in Caster | Send for the Printer's Auxiliary, s county being made fraudulently and for the| monthly publication, issued by the defendant, aro falss charges, aud charges that | Western Newspaper Union, whicli gives list of prices of printer's and pub- 1 he cared nothing about. a In this court of equity, tho rulo provides | Jighar's supplics and publicly proclaims from time to time extraordinary bar- that the bill complainivg must establish that a real injury exists, m ti : Iftis true that this fence docen't enclose | gains in second-haud supplies for news- lands that anybody wants, if it is true that it | puper men. don't prevent anybody from going into the WESTERN NEWSPAPER UNION, enclosure, then is the governw.cat wjured ? It Omaha, is t ue that some years u7o wen v.ent up to 2 ce and Pooked into the cnclosuce, then e u't think the laud The work of the Concord school of philoso the only reason | phy for the eummer's session is eubstantislly y went away, When you como to|preparod and the first prospectu there are openings in the fence and [ The subi-cs are maiuly two: s gatos besides, how canitbeshown | the question, *Ts Pantheism that the government is iojured;” Outcome of Modern Scien uch another cass can't be found in the |addition there will be Mr, books, 1f this action has any application to | from Tho this case, it can't be forcad in'th ! diaries. T The tollowing statutory provision, which | besn previously mentione had been quoted by the district attorney in | prise these: — his areument, was read by Mr, Woolworth, in reply (o whch he gave reasons showing | = — does not apply: e That no person, by force, throats, intimi- ,(1 . B dation, or by any fencing or inclosiog, or avy | A1 i i N K other = unfawful means, shall pre- | 3| .fl. § vent or obstruct, or ehall combine % ' ) and confederate with othels to prevent awy_ person from peacsably entering upon or establishing to settlement or residenco on | [ydorsed 1y Physicians YR any tract of,publi Jand and subject to' settles | - " 1 dturl/slota1s, Druyyi ment or entry under the publ ¢ laws of the and Chemi as nearly United States, or shall prevent or obstruct Infallible cott's he, which have wn part, will com free passage or travsit over or throug the pub- lic lan 16; provided this eectivn shall not bo held to affect the right or title of persons whol | i selling more of ths Catloura Remedis for havegone up:n, improved or occupied said | diecases of he skin and biood than any other, The lands under the land laws of the United | Couicura Sor 8 1ts first class quality desorves,leads States, claiming title thereto in good faith,” sl of my so omand, bith g & toilet soap and Judge Woolworth occupied about two hours | 8 & besutificr asd protec:or of the skin. in his argument. At its close Dist Attor- Dit. W, H. HALL, Franktort, Ky, ney Lambertson made o brief reply 2S auil the case was submitied £ his houor. for ¥ BESUIOR. deliberation, cout staults any bin 1 bansld, and —————— i wibh pleasuro thal d them o our Recent Kallrond Progress, 5, assured that they whil roceive roal benefit factory ron't Sbarp competition snd the necemity b, b EOW BATISFAC Your Cutioura Reme DI, D, EOWMAN & SON, Bourbon, Tnd. of populwrizlng the railroad, havo forced NEVER FAILING, the managemeat of the Unlon Pacific to o ot haow ofan in tanc ia which the Cuticura N eme dios hovo falled 0 prod otol apply buslness principles t5 the conduct | helieve 1hass o' mors of thtn ths ot ot other > , wtin remedicn | have cvor handied durivy too thirty- of all dopartments of the read, It Is | {irco'Viira of my exporknoa as s dpuselsn 1Y within the recollec.ion of the youoges. A D. TRYON, Druzgis). Batavis, N, Y. patron of the road when freight for SCROFULA Omsba and laterior polots lald around " """"h'“'"" your Cublc 9 o o ugh ¢ cas of Sofofula upo the transfer at Couacil #ufly for days ""Nk”i) ) of1av patrone, aftor tho ca o had bafled i S the skill of ‘w3 vuinent physiclans durd lod hm; frequen 1{1 searchors wero emploged | ofelven' ik, 1 Gade s Swmpicts core H Tour i oot to bant u].’ tho "‘“"nb hmd‘i “ud) if AU, PAPTERSON, Drugzist, Brooksvil'e, Ky. found, to piead for their trassfer over the oyl Missourl. Merchandise had been allowed NEVER A COMPLAINT, 4 th o 8inoo I hiave heen sellang your Caticura Remedios to nccum'j“"’ al the Omaha dopot, untll | | nave over hosrd & slonls b piatnt; but on the car-lcal lote were sacured for certain |0ontrary every one who has used1hom bas boen well e " | pleased with them, #nd the y cutacll all others. polots, and days wero consumed fn E. B. CUBBE 1LY, Druggist, roachlng Nebraeks peia's where hours now euflico, The Andrews, Tud, SCROFULOUS S0 1 had a dozen mmodatlons aud inducemeats now cffered shippers are a radlcal end agecenbleimprovement on the | utes b old order, Frelght s now recalved up o 0 o'clozk every day, men are om- § oo tnight, if neceasery, to put the foution pared by Pin 1 sores upon iy ! hear of, an wedics and they have cured me JNO, GASKILL. tried your Hebron, Thagler a ou the road before morning, Hyen