Omaha Daily Bee Newspaper, February 14, 1887, Page 1

THE OMAHA DAILY BEE ————————————— 0.\1AHA. MONDAY MORNING, FEBRUARY 14, 1887, 'fi]E LATEST RAILROAD BILL. MoikleJohn and Agee Conooot a Me Succeed the Present Law, re to A VERY VOLUMINOUS DOCUMEN1 The Bad Featares of the Commission Embodied in the Scheme, With Many New Points Added to the List. The Raiflroad Lixcors, Neb Brg.] ~The follo ommittee's Rl b, 1—[Special to th 1ng is the full textof the bill presented by the railroad committee to the house yesterday It carries the name of Mr. Agee as its author, but is the resuit of a combination between his bill and that intro- dueed by Senator Meiklejohn, The commit- tee have worked nearly constantly on the production of this bill for three days. It is expected it willbe considered in committee of the whole on Monday or Tuesday: B it enacted by the legislature of the state of Nevraska: Section 1. “The attornoy general, secretary of state, and auditor of publie accounts, state treasurer, and commissioner of public and buildings shall constitute a_be railroad commissioners, who shall have power to appoint three secrctaries to assist the board in the performance of their duties as such commissioners, ‘The secretars be paid an annw d salary of & in equal quarterly installuents, shall also have tie power to appoint a ¢ who shull be acompetent stenographic porter and who shall receive an annu salary of §1,600, pavable in equal quarterl inst shall e br aid secretaries and said cle b give o bond 1o the state of ka, in the sum of $10,000, with one or more Suflicient suretics to be approved by the vovernor, for the faithful performance of his duties: and shall also take and subseribe an oath, that he i the employ of, nor holding any oflic uto any railr corporation, and that he is not the owne any stock of bonds of, or in_any manner iniarily interested in any railroad corpora- and that he wiil faithfully and impar tially, without fear or favor, discharge the dugies of bis oflice to the best of nis ability. S ut oremploye of any railroac L eXpress company, nor or bonds of, Interested in any railtoad corporation or eXpress company shiall bo appoitied or envloyed as. secretary ard, orcle d by d shall have the general supervision ol all railroads operated by steamn in the state, and shall inqui into any newlect of duty or violation of any of the laws of this state, by any railroad” corpora ing business in this state; or by an went or employe of any railroail corporation doing busingss in this state; and shall from time to time, carefully examine and insy ondition of each railroad in this state, and its equipments, and manner of the conduct and manazement of the same with reference to the public safety, interes and conveniences. 1t shall caretully invest gate any complaint made in writing, and ler oath, concerning any lnck of facilities ations furnisied by any railroad corporations doing business in this state, for the comtort, convenience and accommoda- tions of individuals and the publie; or any unjust discrimination azainst either any per- s, firm or corporation, or loeality, either in rates, facilities turnished or othierwise; and whenever in the judgment of said board any repirs are necessary upon any portion of the road, or upon ariy stations, depots, sta- tion hotises of wareliouses. or upon any ot the rolling stock of any railroad doing busi- ness in this state, or any additions to, or any changes in its rolling stock, stations, depots, ationhouses or warehouses are necessary in order to secure the safety, comfort, accom- wodation and convenience of the public and individuals, or any change, in the mode of conducting its business or operating its road is reasonable and expedient in ¢ to pro- mote the seeurity and accommodation of the publie, orin order to prevent unjust dis criminations against either persons or y it shall make a finding of the facts, and an order requiring said railroad corporation to make such repairs, improvements or additions to its rolling stock, road, stations, depots or warehouses, or to make such changes either in the manter of conducting its business or in the manner of operating 1ts road, as such Dbourd shall deem proper, reasonablé and ex- pedient id said tinding shall be entered in a record kept for that purpose, and said board shall cause acopy of the same to be served on the said railfoad corporation, by any sheritl or constable in this state, in the Jmer as a swmmons is required o be and shall also transumit to the pers firm of corporation interested, a copy of the Bna. Said railroad corporation shall, within ten days after being served with a copy of said findings and order, show cause, i why it should not comply with said order, filing with sald board an answer verified in the same manner as pleadings of fact in the district court are required to be verified, 1t no answer shall be filed as atoresaid, then such finding and order shall be tinal and con- clusive as against sueh railroad corporation. Upon the filing of any answer as provided for in this scetion, the said board shall set a day not exceeding’ thirty days from the date of the filing of such answer for the hearing of the matter, and shall notity said railroad com- pany and Other Person or PErsons or corpora- tions interested, of the time so fixed, and the Phu't‘ of hearing the same; and shall c ully and fully investizate the matter, and for that purpose may subpana witnesses, and zompel their attendance, and the production of any books or papers in the same manner a8 the courts of law of this state may d After a tull investigation of the mattc: ain make a finding of the facts board shall ay a and make such an order as it way deem just 10 the premise: 1f sald rallr comply with such order, the board shall order the atiorney general or the county attorney of the proper ¢ y to institute a suit to compel such railroad company to comply with such order, and usnulu be the duty of the attorney general or the county attorney of the proper county, at the request of the board, to apply to the supreme court or to the district court'of any county through or into which its line of road may run, in the n of the state and on the refation’ of d, for a writ of mandamus to compel such rails road company to comnply with such order; and upon the hearing of any such cause, such tinding and order shall be a: inst such railroad company prima facia evidence of the reasonableness of such order, and of the ne- cessity of such repairs, changes, additions or improvements, or other matters in such order required to be done or omitted, w4, 1f any railroad corporation or ex- iress company organized or doing business N this state under any act of incorpor or general law of this state now in fores that may hereafter be passed, or if any 104 COTPOrAtion OF eXPress Company orean- ized or which way hereafter bo organized under the laws of any other state or of the United States and doing business within this state shall charge, demand or receive wore than a fair and reasonable rate of toll orcompensation torthe transportation of any assengers, express or freight of any descrip- tion, or for the use and transportation of any railroad ear upon the tr ot any such road or any of the branches thereof, oF upon any raileoad in the state which ithas the right, license or permission to operate, the same shall be deemed guilty of extortion, and upon conyietion thereof shall be dealt with as here- fler provided, See. If any sueh railroad n‘flrf.nmllnn or express company aforesaid shall wmake any unjust diserinination ln its rates or charg of ‘toll or compensation for the transpor tion of any treight or express of any deserip- tion, or for the use aud transportation of any railtoad car upon its said road or upon any of the braueties thrwof, or upon any railroad counectod therewith whieh ‘it has the right, license or permission to operate, control or use within this state, or shall make auy un- just diserimination azainst any person, firm torporation or locality, as to accommoda~ tions or facilities furnished for the ship- ment of any freight or express of any de- ption, over its said road or over any road ahieh it has the right, license or permission o use or controf, the same shall be deemed suilty of having violated the provisions of bis act, and \l‘pon conviction thereof shall be ‘ealt with as hercinatter provided. A Bec, 6, It any such railroad corporation or or 8 express company shall charge, demand, col- lect or receive, for the transportation of any it or express of any description, upon ilroad, or any of the branches thereof or npon any railroad. which it has the right, license or permission to use orcontrol,for any distance within this state, the same or a greater amount of toll or compensation than isat the time charged, collected or received for the transportation in the same direction of any like quantity of freight of tho same class over a greater distance of the same rail- ny railroad company shall charge, lléct or receive at any point upon or any railroad which it has the e or perimission to use or contiol rate of toll or compensation for handiing or delivering freight of the same i quantity, than it shall at the same demand, collect or receive at 1pon the same railroad, or upon uny railroad which it has the right, lleense or permission to use or control in this state: or, if it shall eharge, collect, demand or for the transportation of any freight of any description over its railroad, or oyer any rail- which it has the right, license or pe mission o use or control, a ‘greater amount of toll or compensation 'than shall at the same time be charged, demanded, eollected or received by it for the transportation of any tike quantity of freight of the same being transported in” the same distance oy any portion of the same railroad of equal di tatice; or, 1f it shall demand, charge, colloct or rec from any person’ or persons, or corpe a higlier or greater amount of toll ¢ tion than it shall at the same ze, collect or receive from any other 500 OF PErsons or corporation for receiv- ing, handiing, or delivering freight of the samie class, and Mke quantity, at the same point upon'its railroad, or upon any railroad which it has the right, license or_permission to use or controli or, if it shall demana, charze, collect or receive from any person, or Persons, or corporation, for the transporta- tion of any freight upon its railroad, or upon any railtoad which it has the right, license or permission to use or control, a higher or greater rate of toll or compensation, than it shall at the same time charge, colléct or re- ceive fTom any otlier person, Or persons, or corporation, tor the transportation of ¢ quantity or freight of the same class, e transported from the same point in the same direction, over equal distance of = the said road. or any road which it has the riglit, license or permission to use or control; or, if it shall demand, eharge, collect or receive from any person, or per- £ons, or corporation, for “the use and trans- portation ot any railroad ecar, or ecars, upon its railroad, or upon any railroad which it has the righit, license, or permission to use or control, for any distance, the same, ora greater amout of toll, or compensation, than is at the same time charged, collected and re- ceived from any other person, or persons, or corporation, for the use and transporta- tion of Iroad car of the same class or number, for a like purpose, being trans- ported in the same direction over & greater distance of the same railroad, or o ail- road which it has the right, licenso or permission to use or controls or, if it shall de- 1 ce, colleet or receive, from any persons, for the use and transpor- 1y railtoad ear, or cars, upon its pon any rai d which it has ense, or permission to use and a higher or greater rate of toll, or ation, than it shall at the same time compen charge, collect and receive from any other Jerson, or persons, or corporation, for the use and transportation of any railroad car, or cars, of the same class or_number, for a like purpose, being transported from the same point in the same direction, over an equal distant of its railroad, or any railrond which it has the right, hicense, or permission to use or control, all such discriminating rates, charges, collections or receipts, whether made directly, or by means of a rebate, draw- back, or other shift’ or evasion, and all dis- crimination of every kind, in_the matter of furnishing cars or facilities for the transpor- tation of any treight over such ro: T roads, shall be deemed and taken, nst_such railroad corporation, as prima facie evidence of the unjust discrimination, prohibited by theprovision of the act; and it shall not be deemedasuflicient excuse or justitication, of such discrimination on the part of such rail- road corporation, that the railroad station, or point at which it shall charge, collect or receive, the same or less rates of toll or com- pensation for the tramsportation of such freight, or for the use and transportation of suel railroad car, the greater distance than for the shorter distance, 1S a railway station or point where their exists competition with any othier railroad, except in cases where the board of transportation have by special rule permitted such diserimination at such station or point, ‘This scetion shall not be construed 50 as to exclude other evidence tending to show any unjust diserimination by any rail: road company or express cowmpany doil business in this state; provided, Lowev that nothing herein contained shall prevent any railfoad corporation from issuing commu- tafion, excursion, or thousand wmile tickets, or from trausporting any freight for charit: able purposes, or to or from any agricuitural fair, or the transportation of any tents or eamp equipage for use at any soldier’s reun- ion in this state at reduced rates, Sec. 7. Any such railroad corporation or expresss company guilty of extortion, or of making any unjust diserimination as to freight or expre: tes, or rates for the use and transportation of any railroad, ecar_or ving, handling or delivering shiall upon’ convietion thereof, for each and every offence, forfeit and pay a fine ofnot less than $100, nor more than $5,000, In all cases under the provisions of this act, either party shall have the right of trial by jury. Sec. 8, The fines and penalties herein provided for may be recovered in an action of debt in the name of the state of Nebraska, and there may be several counts joined in the same complaint or petition as to extortion and unjust diserimination, and as to freight and express rates and raf for the use and of cars d for receiving, handling or delivering freights, and for any discrimination against either persons porations or localities, as to facilitie nished for the trausportation of freight over such 10ad or roads. In cases under the pro- of this act a preponderance of ‘the evidence shall b suflicient to authorize a ordict and judgment ip favor of the state, Ifany sueh railroad corporation company shall in violation of any sions of this act, ask, demand, v, 0) A1y PETSON OF persons, or corporation, any extortionate charge or charges, for the transportation of any pas- sengers, £0ods, merchandise or property, or for receiving, handling or delivering freizhts, ot shall make any unjust diserimination agaiust any person or persons, corporation or locality in its charges therefor, or in ac- commmodations or facilities furnished the person or persons offended against, may, for ach offense, recover of such Failroad corporas tion or express company in any form of ac: tion, all the damages sustained by such per- 501 OF persons or corporation together with costs of suit and a reasonable attorney fee fixed by the court where the same is heard, on appeal or otherwise and taxed as t of the costs of the case, See, 10, shall be sald 3 ore of the pro charge or 1t board of transportation gate allcomplaints and to ascertain whether the provisions of this act are violated by any rallfoad corporation or express company do- ing business in this state, and whenever the the duy of to investi- facts in any manner ascertained by said board shall, in its judement, warrant such prosecution, it shall be the duty of #ald board bia mediately cause suits to be commenced and prosecuted against any railroad corpora- tion or express company which may violate any of the provisions of this act. Such snits and prosecutions may be instituted in any county in'this state, where such express comi- pany is doing business, or through or into which any line of railroad operated by the detendant corporation may extend. " And such board is hereby authorized, when in their judgment the facts of the casé will war- rant the commencement of such action, to ewmploy counsel to assist the attorney general or county attorney, as tle case may be, in conducting such suit on behalf ot the state. No sueh suit commenced by order of said board shall be dismissed without their con- sent. See. 11, The board of transportation is here- by directed to make for each railroad cor- poration doing business in this state, as soon as practicable, a schedule of reasonable maxi- mu rates of charges for the transportation of passengers and freights and cars on each of said rallroads; which said rates shall not exceed the distance rate table of the Burling- ton & Missourl Riyer railroad in Nebraska, which took effeet June 1, 1581, and which was filed in the office of the board of railroad com- missioners of Nebgaska on July 9, 1835, re- duced by decreasing the rates for the various classes Of freight therein contained for fiv | iles 3¢ of 1 per cent and for each nddmonn? five miles an additional !4 of 1 per cent until the distante each ten miles from s tional ’g of 1 per cent. And 00 miles 1s reached, 00 miles ‘an sard and for addi- schedule, when prepared by said board, or certified copies of the same shall in all Suits brought acainst said railroad corpora in any way inv any passenger or freight or just diserimination 0 re deemed and taken as p that the rates therein tixed o, the charge railroad corporation for the tra t n, wherein is of any such portation of 15, or tion thereto, ma facie evidence are T any un- sonable maximum rates of charges for the transporta- tion of passenge the railroads for which said ctively pre Aid hoard nury tion of such schedules, each railroad corpora- | be freights and ars over bo | {n each year, and the details of its transpor- tation business transacted during the year ending June %0, Said board shall cause 1,000 copies of said report to ba printed and put up in pamphlet form for the use of state officers and members of the legisiature. Sec. 15, Said board of transportation shall have power in the diseharze of its duties to ex- amine the books, papers, documents and tar- iff schedules of any sucli railroad corporation and to examine under oath any ofticer, direc- tor, agent employe of such corporationy it is empowered to issue subpanas, compel the autendance of witnesses and the production of any book, paper of any document, and to schedules may | enl e obedience to any ch subpaena, the cpared. For the | same as lluw.unhvo( law ot this B in the prepara- | any member of said board and any of said tion doing business in this state shall, within twenty day file with said board coy rates, fares and charg ineluding classifieati 1557, Such copi oath of such o tion filing the same as 1 said board, Said time, and as often as quire, change and revise Which any stich schediules adopted, nged or revis shall b duty of s shall be copy thereof to all the railroads doin ness in this state affected the OrpoLY « shall after this zct shall take es of all its s relating to all classes of traflic affected by tiie provisions of th ns, in force Janua verified by cer or officers of y be desig from imstances may re- s to fon_shall” within 1g a copy of such schedule Tect, tariff of time to ditles, been i, it furnish a busi- and every ten sl cause plainly printed copies of the same to be posted upand kept posted up in least o conspicuous places in each of its freight and passenger depots in this Sce. of this et the rules of evide . In all cases under the ce shall state, provisions be the sanie as in other civil netions excopt as hercin provided, A visions of this paid All fines recovered under the pro- act shall be into the school fund of the county whero the cause ot action acerued. T'he remedi hereby given shall be regarded as cumulative to the reme- I dies. of this act shall other busine: Sec. board shy have and said board 5 shall tion and closest avplic selves respocting tho ken roading, t tion and by the most thorough investi: inform the al busi 1e cost of construction of railroads, S 10w given by law against railroad eor- ations, and this act shail not be construed as repealing any statute giving such Suits commenced under the prov precedeénce s except eriminal business. The secretaries appointed by said | not enzage in any other busines hall devote their time to' the duties of reme- iong all over| its se the present value thereof, the cost of operat- inz them and all the minutiae of the proiits and_ losses of the every rajlrond company or doing business in th shall hereatter become incorporated or do siness under any general or special law of this state, shall on or before the first_day of bu r of ed September, in the thousand eight huid and on or before thereaiter, make and_tr created by virtue of this Lincoln, a full and true oath of the proper ofti f the affairs of their ame existed on- th July, speeifying: 1, T stock subscribed. . paid in, "The amount of iti 4. The name and pl s oflicers. 5. . ‘The amount of flo; estimated value of each iron and bridges, 8. The rolling stock. 9. stations, building and lixtu timated value of other wvroperty. length of single main track. of double main tra The estima business; state, our and incorporated or which Lord, one i eightv-seven, the same day in each ismit to the bo: ct at their office in statement under of suid_corporation id corporation. as the first of the preceding 'he amount of capital 'he amount of stock d linbil- 1 bed, ated ed I 12, 'l ear i ‘T'he amount of funded_debt. ing debt. rd and any of said secretaries may admin- ister oaths and affimations in any matter be- fore sald board, and any person who shall willfully obstruct said board or any member or employe thereof in the performance of its or his duty, or who shall retuse to give any information within his \\lui["h\vl)l that may be required by said board or a member or em- ploye thereof, in the discharge of its or his duty, shall be deemed guilty of misdemeasor and upon conviction thereof shall forfeit and pay a fine not exceedini $1,000, ‘I'ne costs of subpaenas, fees of withesses and expense of investigation shall in the first instauce be paid by the state. . [t shall beunlawful for any common subject to the provisions of this act, ter into any contract, com= or combination with'any other common vier or carriers, for the® pooling of any freight of different and competing common carriers, or to divide between them the aggre- gate compensation for any shipment or the net proceeds of the earninzs of such rommon carriers or any portion thereof; and inany case of an agreement for the pooling of freight, each day of the continuance of such pool shiall be deemed and taken asa separate offense. Any railroad corporation violating the provisions of this section shall for each offense pay a_penalty of not less than §100 nor more than 81,000, Sec, 17. 1t shall be the duty of the attorney general or any county attorney or the vroper county, at the request of said board, to ins tute and prosecute any and all sults and pra ceedngs for the violation of any of the provi- ions of this act or any law of the state con- cerning railroads, railroad corporations or express companies. ec, 18, Any oflicer, azent or employe of any f railtoad corporation or express compny doing business in this state, who shall violute any of the provisions of this act, or who shall knowingly or inten- tonally, counsel, aid or advise, the violation, either directly ot by shift or evasion, any of the provisions of this act or of any law for the covernment of railroads or express com- panies in this state, shall be deemed guilty of a misdemeanor, and upon conviction thereof ull for each and every offense, be fined not less than $100 nor more than $1,000: and may in the discretion of the court be imprisoned in the jail of the county not exceeding ninety days. Sec. 19."Copies of any findines, orders, sehedule or ceeding duly certified to by the clerk of said board, shall be received in evidenee the same as the original, Sec, 20. Upon the nceurrence of any accl- dent upon any railroad which shall result in bodily harm or loss of life either to passen- ger, cmploye, or_other person, the corpor- ation operating the road upon Viiih e cident occurred, shall give immediate notice e thereof to the railroad commissioners, whose denceof | Juty it shall be to investizate the same and e | give immediate notica to the governor ot the b cladine | Gxtent of the iujury or loss of life, and Lehuding | \Whother the same wai the result of misman- yatue of | agement or nexlect of the corporation that 10. The es- 1L The 'he length The length of branches. stating awhether they have sin- zle or double track: ength of sidings and enumerated. by passenger trains during t 14, hie yeu Ing the making of the report. 15, "o num- it trains during the ber of miles run by freix] same period. 17, The ‘The aggreeate ther tracks not above 15, The number of iles run precc number of tons of through freight carried during the same time. 18, The number of tons of local freight car- 19. The monthly ortation of passen- Tts monthly on of freight 21. Its monthly during the 22, 'The expenses incurre and management of pa: ried during the same earnings for the trai gers during the same time. earnings for the during the same time. ings from all other soure time. ning during the same time, 23, expense ineurred in the running and man- transportal n the ru ger train The amount of agement of freight trains during the samo time, also the expense incurred in the run ning and management of the same time, 24, runninz and m ing the same time, 25. expended for repairs of roi { way, includin ridges amount expe The car: nd renewal ded for of tenance of “The rate of fare for passe for each month. 8l. A lished rate of fare for pa of freight in force or issued for the go: ment of its acents during the same time. ompanies run on its roads, ness_done by them, heir freight at the depots s of such express Wiiat express the kind of bu: whether they tak or at the ofli d and repuirs and iron. nount expended for niotive pow S, The anount expended houses, buildings and fixtures, expenditures for management of road, 1 ay, motive powers and cars zers in this state o od trains during Ixpenses incurred in the zement of the road dur- The amount maints W The and ompanies, 33, What freight and transportation com- anies run on its road, reight and transportation 4. Whether such ompanies use the cars of the railroad or the cars furnished by th of 8 mselves. 85, Whather the freight or cars ch companies aro given any preference in speed or order of transportation, and if 5o in what particular, 1f any railroad doing business in this state shall neglect to file with the board tho sehedules requi by section 11 of this d e act, 0 be filed or shall neglect or refuse to make and transmit to tho sald” bonrd, tho report required by se made, s railroad corporation shall for each day it » neglects or refuses to file such schedule or make and transmit such report to tion 13 of this act to board_of transport be uch wit] said ion, forfeit and pay a fine of not less than $100 nor wore than $1,000, Section 14, Said board shall, on or before the 1 Monday of December of each year, wake a report to the governor of its doings for e | preceding fiscal - year © eniling June 50, containing such L3, Statements = and explanations as will disclose the actual working of the system of railroad transportation in zens of the state and su may to th 0l seem appropriate, 8 of this state and its relation to the general busines the citi- ich suggestions and recommendations in respect thereto as Sald report shall also contain as to_ every railroad corpo- fation doing “business in’this state: 1L The The amount of capital stock. 2. amount of preferred stock, it an; conditions of its preferment, amount of stock paid n, amount of its floating debt, amount of its funded debt and the rate of in- terest. 6, The cost and present cash value of its road and equipment, including permanent way, buildings, round machines and repair shops, rolling stock, louses, all real estate used “exclusively in operating the road and all fixtures und “conveniences for 7. The esti- mated value of all other property owned by such corporation with a schedule of the samé, not including lands granted in aid of its con- transacting its business, struction, 8. Tha length of single main track, 9 The length of double main track. 10.'The number of acres originally granted in aid of construction of its road by the United States or this state. 11. The remaining unsold, 12, Its number of acres of such land monthly gross earnings for transportation of local passengers for the 5118 1ts mantily gross earnings for transporta- time, 18, tion of freight originating in or consigued to Nebraska for the same time, 14, 1ts monthly gross earnings from all other sources in the state, 15, Amount of expense incurred in running and manage- ment of freight trains during the same tinie 50 the amount of expense in running and anagement of mixed trains during the same expense during the amount time. ~ 17, Al other curred in the running of the same time, 18" The oA in- £X- pended for motive power, car, station house and fixtures. 10, Such other statis- ties of the road and of its transportation busi- ness for the year as way, in the judgment of the commissloners, be f such corporation on the necessary and proper for the Information of the lexiuyluluul.' Fo way be required by the goveruor, nuhmmr\flt end l%’ex OF &8 Buch re- x})‘ :n& condlition oy of July operated the ling on which the injury or loss of life occurred. Sec. 21. In the construction of tnls act the word “railroad” shall be construed to include all railroads and railways operated by steam, and whether operated by the corporations owning them or other corporations or_other- wise. The phrase “railrond corporations and railrond companies” shall be construed to mean the corporation r company or individ- ual that maintains or gperates a railroad ope- rated by steain power. Sec. 22 A majority ot said board shall con- stitute a quorum for the transaction of busi- ness, Sec. 23. Nothing in_this act shall be con strued to stop or hinder persons or corpo ations from bringing smt_against any rail- road or express company for the violation of any of the laws of this state for the govern- ment of railroads or express companies, Sec, 24, To carry out the provisions of this act without undue burden to the state oflicers who compose_the board of transportation, their secretaries are hereby empowered in all matters of examinations or investizations, to in’rlul'ln the dutics prescribed for tho board: “rovided, ‘That rendering fllll:xm-ll(: or the tixing or ehanging of rates shall only be done by the board. Sec. That an act entitled provide s board of detine their du “An act to allroad commissloners s and provide for their sala- tnents. o5 | ries,” approved Mareh 5, 1585, and also an jmprovements. =% | nctentitled “An act to fix a niaxitaum stand- or station | 8rd of freight charges on railiewds and to LAOT SMAton | prevent unjust diseriminations theretn ov secret Tates, rebates or drawbacks therefor,” aporoved February 25, 1881, be, and the same are hereby repealed. Sce. 26, Whereas, an therefore, this act s fo emergency exists, all take effcet and be in Grain Elevator Dastroyed, ARAPATOE, Nob,, Feb. 18.—[Special Tele- granr to the BEE.j—This morning about 2 o'clock, the elevator of E. Augush, located near the 5. & M. railroad track, took fire, and before anything could be done it was totally destroyed. ‘There were about 100 bushels of oats and about 400 bushels of wheat in the bins at the time of the fire and it will prove a total loss, as wel the build- ing and machinery, “'The building and ma- chinery were valued at about 82,000, ‘I'hein- surance is about 00. 'This will again stir up the people for tire protection as this is the third fire since May last, and when a fire is once started it d everything as not even enough buckets can be found to form a bucket brigade, e Knocked Out in Two Rounds, CHADRON, Neb,, Feb, 13,—[Special Tele- gram to the Bre.|—At Douglas, Wyo., Sat- urday evening, at a prize fight between John Redmond and Robert Peters, Redmond knocked Peters out in two rounds, They fought with soft gloves, for 850 and gate money to winner, ~Redmond is said to be the best man in Wyoming. There was a large attendance, 3,— —— Chadron's Coal Find, Cuapnox, Feb. 13.—[Special Tele- gram to the Beg, |—Further developments in the Chadron coal find show still better indi- cations. Work was suspended last night at 12 o’clock, and will be resumed early to-mor- row morning, when still further “develop ments are expected. When the drill stopped the pump was bringing up small pieces of bituminous coal of a fine quality, _— Work of Temperance Women, CLEARWATER, Neb., Feb, 13.—[Special to the Brk. |—Mrs, Woodard, state treasurer of the Woman’s Christian Temperance union, delivered a lecture at this place to & large audience, and organized a local soclety, with Mrs. Sue Kilbourn as president, sl s » Weed erviewed, New York, Feb, 13.—[Special Telegram to the Beg.|—Hon. Smith M. Weed, who has just returned from Washington, where he has been visiting the president, said to a reporter regarding the rumer that he(Weed), was to have Manning’s place in the ecabinet: I can assure you, since you ask me, that I will not succeed Mr. Manning; that I can with certaioty say that I have mot the slightest information whom the president in- tends to select.” *Do you think the presi- dent will be a candidate agaln in 15852 0, 1do not think he will, 1 believe he will adhere to his letter of acceptance and refuse to be a candidate for a second term. I am_ of the opinion that he will write & letter to that effect to give the ‘u}blm a clear understanding on the sub ject, When he will write this letter I have no idea, but 1 think if he does it at all it will be in ample time to have no misunderstanding about his candidacy, 1f lie declines to be a candigate, then I think New Yoik's cboice will fall upon Goyernor Hill.” POWERFUL LOBBIES AT WORK Rings Formed to Secure the Money Appro priated Tor Coast Defenses, A WARNING NOTE SOUNDED. The President Sorely Perplexed inthe Make-Up of the Inter-State Con Commission— News, merc National Coast Defenses All-Absorbing. to the b is said here to-n avout coast defenses, rebuilding the navy and general preparations for war than any- thing else. There is'a feeling that congress duting the next ten days, will make large appropriaticns for these purposes. It has been discovered that, unticipating these ay propriations, rings have been organized (o work off on the government various patents for guns, etc, and the local press to-day warns congress against them. It is sald a powerful and corrupt lobby 18 bringing all its mfluence to bear upon the committee on appropriations to stifle measures which “do not favor themr that there is a movement on | foot, with powertul support in the house, to ignore every recommendation of the exceu- tive department of the government relative to this matter, and to pass a_bill devised and developed mainly with the object of benefit- ing two or three alleged “inventions™ and a few iron establishments, The bills which have passed the senate represent the declared policy of the government to fortify our coasts and domesticate in this country the manufac- ture of the best heavy ordnance which can be made. They represent years of caretul study and experiment and of taithful efforts to serve public interests by honest and able experts whom the government employs to deal with ordnance questions. In the de- velopment of their plans they have been compelled by common sense and the exper- ience of the whole world to abandon the idea of makinz guns of iron and to insist that they shall be made of They have also been compelled by the nse of “duty to re ject the schemes of all quacks and crazy heads who have set up as gun inventors. These men, no matter how dishonest or un- worthy, are encou « to continue their efforts o rob the governmont when they find their complaints well received at_the eapital and even find influential members willigy to undertake to lesisiate in their behalf, ~The zun_thieves and iron interests working in conjunction with politicians who are dis- satisned with the administration of the war department are now engaged in an effort to substituta a Al half ~ way measure in which private int shall havo first place_and publie intere: A most ignored, They would if they ake it out of the conirol of the president himself but they do not see th y elear to ac complish that, They w: to_set up some ind ot a nondeseript board whieh will pro- ceed on a hand-to-mouth policy and give all the “cranks” and “trauds” a good pull at the treasury. They want to o on in the samo feeble way we have been going on since the r, appropriating a little money every year and avoiding any large and ge! (33 penditure adequate the country’s needs. They want to substitute their own interests for those of the neople, and to live like princes while going on with their bogus ex- periments. THE PRESIDENT PERPLEXED, It is not known positively that the presi- dent has selected one of the five inter-state commerce commissioners, although it is be- lieved he knows them all. The refusal ot ex- Senator Thurman, of Ohio, toaccept one of the positions was a setback in the selection of the board. It is authoritatively announced that the nominations will be made befor the adjournment of congress. If the presi- dent shall adhere to this determination his action will bar out Colonel Morrison, of 11li- nois, Senator Van Wyck and other gentle- men' now serving in” the Forty-ninth con- gress. 1t is probable that several if not all the members of the commission would b been selected last week buc for the unusua quantity of work the president has erowded in upon him. The president is de: sirous that two of th commis sioners shall be ypractical railroad men, that two shall be tirst class business men, and the fifth shall be a lawyer of ability. To lind three democrats and two republicans in dil- ferent parts of the country who will meet tl requircments of the place 1 10 easy matter, He is of course deluged with sug nr]»llfl\llulls‘ for a commissioneiship, b class of men who apply are hardly desi timber of which to construct the b Since the report gained currency that Sen tor Cullom would have the naming of one of the commissioners, that gentleman, like tl president, has been badgered to death by peo- ple who regard the salary of 500 4 tair equivalent for th e senator says he has no intention of anybody for the YI Ie has asked to do so and would not it presentative I n, of Texas, has, how- recommended ex-Governor Lreland, of the Lone Star state, and he will probably be appoiuied. = - CLEARINGS RECORD, recommending not he bee! wer Omaha Thirteenth on the List With 88 r Cent Increase, Bostox, Feb [Speeial ‘Telegram to the BEr.]—The following table, compiled from repoits received from the managers of lead- ring housesof the United States, gives the gross exehanges at each point for the week ending February 12, 1557, as compared with those of the corresponding week in 1850, as follow CITIES, CLEARINGS, Increase. Decrease. New Yor Boston...... Philadeiphia *Chieugo, St. Lout Cinelnnati, Baltimore. San Franciseo. New Orleans Pittsburg *Kansas City Louisville Omaha. Milwauke Providence Denve Clevel; Detroit St. Paul. Indianapolis Minneapolis, .. Memphis. ... Columbus. Hartford New Haves Galveston. . Norfolk el Portland . Springhield Lowell. Byracuse Grand F 814,015 502,451 *Not included in totals; no clearing bouse at this time last ye: tlartly approximated. An Italian Stabs a Companion. Ca1cAGo, Feb. 18,—~During a quarrel over cards this afternoon in a Clark street saloon Daniel Florio, lately from Genoa, slashed Felice Raymondi across the Lands with a razor. An instant later Raymondi's come panion, Francesco Trimarie, plunged a stil- L‘lu intq the heart of Florio. He sank te the floor dead while the other two hastily made their esca) ‘The trio had been carousing together pluce early moraleg. THE CONSPIRACY CASES, Difficultics Which Dillon and O'Brien Haye to Contend Against. [Copyright 1857 by James Gordon Bennetts] Dunras, Feb, 13— New York Herald Cable pecial to the Brrk]—The conspiracy trials in which Messrs. Dillon and O'Brien are the defendants begin to-morrow. Mr. Samuel Walker, D. C,, who was the Irish at- torney general under Gladstone, defends, In conversation with him 1 learned that in- stead of the usual number of eighty jurymen summoned on a panel there are on this ocea- sion 250 and the venue is laid in Dublin county, it having beon removed from Dublin c he accused have only seven challen- ges, while the government, by making jurors stand aside, have a substantial plek of the vanel. 1 understand that on Tuesday next itis the intention of Labouchere to wove the adjournment of the house of com- mons and originate a debato on the trial, sonding for Dillon to come over and partici- pate in such motion as allows of a general do- bate. 1t is contempt ot court for the press to comment on the pending trial, but parlia- ment is supreme. The noses connted show enoueh Parnellites and Gladstoneites to sup- port the motion o as to bring on a debato about the trial, the object of which is to get the people to know the harsh surroundings of this stato trial, as harsh, con- sidering the era, s were those about the trial of Lord William Russell, in the time of James the Second. For instance, no record is kept of whom among the jurors are directed by the erown to stand aside, and the aceused are not al- lowed to take a copy of the panel or to know the names, occupations and residences of the Jurors who are swmmnoned. The first the a fence knows thereof is when the jurors are led. 'The prosecution, however, of cours have early and free aceess to these pancls, A Mecting Suppressed. [Copyright 1887 by James Gordon Bennett.) Dusriy, Feb. —|New York Herald Cable—Special to the Bre. |—A proclamation was posted in Loughrea ¢ morning suppressing the meetin whieh Michael in Davitt and William O'Brien had promised to partici 2 + The grounds of prohibit- the meeting is a menace to herilf of Galway in the execution of in writs lodged with him. and it permi ted to be held would be unlawtul, as lated seriously to interfere witi the sheriff in the execution of his duty, and lead to vio- lence and opposition beine 1 to the sherifl in exeenting the s: The coming week will be found very interesting in Irish affairs. Latrr—1 have just seen a telegram from Loughre ting that the proclaimed meet- ing has been held. It seems that this morn- ing Michael Davitt, being a guest of Bishop Duggan, was being served with a copy of the proclamation by two policemen, when Da- vitt retused to take it, ‘The people, accord- ing to advice, procecied to the rooms of the ational league. ‘The eateway had been trongly barricaded by the wpolice lest an attempt should be made to enter the yard, but the people filed through a private house. Over 200 poticemen, under command of five sub-inspectors, paraded the strects and car- dons of police were drawn across the roads leading to the town. Mr. Davitt addressed the meeting at great length, Mr. O'Brien was about eight miles out. The police then followed O’Brien, but after proceeding some distance found the road had been blocked, huze stones having been thrown down, Mr. O’Brien on reaching Loughrea addressed a fresh meeting of nationalist: Doubtless prosecutions will now begin against Davitt for his free spee was peaceable. . Everything, however, - TERRIBLE DEFE TITUTION, The People of Newfoundland Suffer- ing For the Nccessaries of Life. % Jonxs, N Feb, 13,—1Special Tele- gram to the Brr.—Many business house here arein tinancial difficulty and a comm cial erisis inevitable. News from the northern part of the island r in a deplorable condition, The government has already sent 1,600 barrels of flour to keep the people from starving, but the supply is altogether inadequate, The most northerly purts are now frozen in and it is impossible to send suppl there in time to save tn people. It was a most pititul sight to wit- ness the seenes at many places at_ which the coasting steamer Ourlew stopped on her last trip north. Scores of people who had noth- ing but codfish and hardtack, and but very little of that, to subsist on for montis dragged themselyes across twenty 1o fitty miles of barren rocks and wild wastes to where the steamer called. They came in lopes of getting small supplies of flour, mo- lasses and pork to keep body and soul to- ether during the next three months But the steamer had no supplies for them, and they started to return to their miserable hovels o suffer all the pangs of hunger_ana exhaustion, added to the rivors ot a New- foundland winter, and then to die, as they must inevitably before rejief can reach thew, Meanwhile, the government has spent such and con- to furnish nd save the people of that district from t the treasury is deploted, Added et that Newfoundland fish is a glut on ¢ ory market, owing to inability to compete with that of ‘their bounty-fed French wls, and it is truly said that tne island pre- 5 to the world the most mournful spee- tacle, and its people are the most miserable of all English colonists, compared with whom the peopie of Ircland ave prosperous. - ODD FELLOW CITED, The Texas Grand Treasurer Accused of pefalcations, Feb. 15.—[Special Telezram to the Ber. |—There Is quite o sensation here to-day among the members of the grand lodge of Odd Fellows which has been in se sion during the week, It is alleged that ‘Thowas M. Joseph, a prominent lawyer of Galveston, aud for ten years treasurer of the grand lodge ot Odd Fellows of Texas, I short in his accounts in a sum ranging all the way from $12,000 to $30,000, Suspleion was first induced nearly a year ago by a draft drawn on Joseph being returncd unpaid. Subse, quently other drafts drawn on him, and which should haye been promptly honored, were returned unpaid, and the grand master demanded an explani which wus not sat- isfactorily given, and he lald the matter before the lodize at this Joseph wis present 1o be réinstalied r for the ensuing ye ed at the last an- nual meeting, but on the representations, it ws, made by the grand master, the lodge, before proceeding to install him, demanded a new and better bond, and that he produce the cash and United States bonds in the lodge treasery amounting o about $50,000, He left Tuesday for the ostensible purpose of complying with the demands, but' thus has falled to return, and prominent oflicers of the grand lodge lere express the opinion that he is short for & large sum if not for the entire ,000, ‘They also have grave doubts about the solvency of his boud given a year 450, Targe sums in purchasing suppl structing the Placentia railw labor AUSTIN, T . e lias) A Saw's Fatal Work, 81. Louis, Feo. 13,—A saw in a saw mill on the farm of l. D. Wrigit, a wealthy farmer living elght miles from Cali fornia, Mo., lew to picces yesterday, one part of it cutting open Wrlght's breast, exposing bis heart and killing him instantly, and an other plece carrying away part of the liead of Miss Thompson, a youn s lady who Lad gone to the mill to call e wen W divner, She died fn two Lours. portable WASIT MURDER OR SUICIDE? David Todd, a Prominent Merchant of Det Moines, Found Dead in His Bed, A VERY MYSTERIOUS AFFAIR( The Coroner's Jury Engaged in Talke ing Evidenoo in the Caso—Great Lixcitement Provailing the C A Des Moines Myster, Ia. Feb. 18, Drs Morv s, pecial Toles gram to the By eatexcitement in town over the mysterious murder or sul' cide early this morning of Mr. David T, Todd, a leading wholesale merchant of this city, He teft home last night about 7 o'clock, telling his wife that he was woing to the store to meet a gentleman with whom he had an appointment. As he did not return durs ing the evening his wite became alarmed, ag he was not aceustomed to being out late, Midnight came, and no traces of the absent husband, At 10'clock Mrs. Todd could bear tho suspense no longer, and calling her nephew, who slept in the house, he arose and tried to telephione to the store, but he could got no response. Going back to his room he roused his cousin, Mr. Todd’s son, and together the started out to find the missing man. Going down Sixth street very slowly they L expected to find road, but na eached the his body sandbagged along th trace of him appeared. They store on Walnut strect about 2 o’clock and found it dark and still, Hardly thinking ha could bethere they tried the door and found it locked, but with another key they opened it and went in, Lighting a gas jet they firs discovered Mr. Todd’s overcoat in a chalrf near the door of his ofiice. Procceding towards the rear of the store another mateh was lit and one of the boys discovered his hat lying on the floor mashed in at the top. Thorouchly trightened and fearing some awful trazedy the bovs hastily went back, Joeking the door behind them, and procecded to police headquarters for help. A police- man returned with them, and enteriug the store again after alasty glance around the room he ked to wh refrigerator room, in which oysters are kept cool, and opened the door. “Stretehed out on the tloor, with his face downward and his hands raised over his head, lay Mr, Todd. A strip of white flannel cloth was bound tightly over the lower part of his face and tied beliing his head, Removing this it disclosed a smiller cloth of conrse towelling, thoroughly satu- rated with ehloroform and pressed over his mouth and nostrils, A few feet aw: the rofrigerator room were the coute Mr. Todd’s pockets lying on the tloor, were a few coins, a4 pocket kni and a small picee of tobacco in a paper. On_a rough counter near by lay his wateh, with a portion of the in hinging to it, and thelarger por= tion Iying detached by its side. ‘The third part of the ehain, including the tastening, was attached to the vest of the dead man in the usual place, The cbain had been vio- lently torn apart and with the scattered con- tents of his pockets looked as if a struggle had taken place. To add to the mystery one rubber or overshoe was found on’ the” floor near the other articies and the other was on his foot. At first the theory of suicide wasg o lead advanced, but afterwards it bes came very rent that foul murder — had 1 committed. AIL day the tragedy has been the theme of dise cussion nnh excitement has run high. The coroner impanneled a jury at 2 o'clock this afternoon and the work ‘of "taking testimony is still goingon at 9 p, m., with the mystery still enshrouded. Dr. Todd was in the whole- sale fruit commission business and carried on an extensive jobbing trads 1o was a man of bouyant, jovial disposition, of cheer- ful mperament and happy rela~ tions business was - prosper ous and had nothing to disturh his happin: 5o that all motive tor suicide is utterly wanting, The general oplnion seems to be that he was murdered and cars ried into the refrigerator room and lett there, No verdict in the inquest will be reached for a day or two probably, as the mystery secmsg at present impenetrable, - THE WEEK IN WALL His he TRE T. A Substantial Improvement Noted on the Stock Exchang, New Youk, Feb, 13.—|Special Telegram ta the Brr.|—There was a substantial improves ment in the stoek exchange during the week all classes of securitics having shown mora strength than for a long time past. Tha handsome response of London on Monday to the sharp r aturday, following the signing of the tate commerce act by President Cl and, gave a strong im- petus to the upward movement, which wag afterward accclerated by the continued peaceful view of the situation on European bourses, several attempts to settle the labog strikes on this side, negotiations betfyeen the Pacitic Mail and Panama companies, the oflicial prolongation of the Nickel Plate ree organization plan, the passa e of the Oregon Navigation line bill by both branches «£ the Oregon legislature, the efforts made to adjust the differences between the lolders of scrip and the Kansas & Texas company and the favorable traflig returns reported by a large number of roads, Outside of the favorable influences herg enumerated, & very potent factor conduclva to a higher ranee of values was the return te the active support of the market of & numbeg of old bull leaders who sold out thelr stocks before and during the December break in prices, and who thereafter took compa ely little i est in specilation. I'he formation of pools Jiterally followed the advent of these aders and St. Paul, Northwester Central, awanna, Paeitic Mail, It 'y and Erle were brought prominently to the front. Operations in those shares did much 10 encourage the bull feeling, which spread as the week wore alonz and tended. to widen the area speculation, The upward course —of suffered very little eheck until near the close, when it bes LA e that considerable realization ad talen place and that it was part of the lan of current manipulation to lel the mars et ofl 80 a5 o inyite those to come in wha had previously tarried through lack of faith in the genuine bull movement. The leadery wha are working for an advance profess ta bein for a long cainpaign, but of course events in the future will lareely determing their action in that regiwd, Bears, both hera and in London, covered up heavily and ofs fercd but little resistence to the: rising tens of prices dency until — speculation bezah to halt, when they hammered the list' and put ~ out fresh t stort lines on the idea that prices had advance too rapidly anud oight o react more. They are now generally looking to export ot ald to lielp thens out, being ¢ ced by the firmness of exchange and the close prox= imity of ruling raws to shipping points, ondon alternately bou.ht and sold, buf ter dealings carly in the week the inflience the foreign movementgradually decreased, I'he advance in prices betore any material reaction ensued ranged from 1 to 545 points und pretty much everyining p ut!pulml in the Improvement,” ‘The vements in railroad bonds were more important than during the previous weck, but the interest ¢ d very largely in the issues of ronds which are ulready in prozress of 1eorganizas tion or bid fair to be at an early date. Goys ernments were strong and a fraction higher, Forelgn exchange ruled firm, and rates throughout the week were well maintghed, Commiereial bills were 1w light supply, and the dewaud for jm absorb these, One forward, but it was a sy and being o understood cffect on values. Tl Wils easy. 1saction, had no perceptibla onetary situation e Nebraska and lowa Weatliop. For Nebraska and lowa: Losal ralas qp spow, lower temperature, ;.