Omaha Daily Bee Newspaper, February 24, 1887, Page 1

SIXTEENTH YEAR. A RAILROAD LOBBY SUCCESS. | Long-Winded Discussion in the Senate on Railroad Legislation. SNELL'S AMENDMENT CARRIED. Fremont and Aurora Win the Two Normal Schools After a Pro- tracted Fight in the House ~Other Legislation. Senate Proceedings. Taxcory, Neb, Feb, 23.—|Speclal to the Brr.]—The opposition to the passage of senate fila 41, and Mr. Sterling’s amendment thereto, have abandoned their position taken upon the presentation of the amendment, namely, that it was a violation of the usage and rules of the senate to strike out all after the enacting clause of a bill and offer an amendment whose cffect would be a substi- tution. They argued lone and repeatedly that such a proceeding was in violation of the provisions of the constitution requiring a bill to be read upon three separate days, and it was also held that the national house of representatives was governed by a rule which would preciude such an amendment as that of Mr. Sterling. But the chair was steadfast in its ruling and the amendment was de- clared in order, Seeing this state of things to be inevitable, and that the rules of the senate could not by them be ververted, the opposition to any kind of effective railway legislation found it necessary to resort to other tacties, which were developed this morning in the bungling amendment of Mr. Snell, which showed a complete flop as the only ‘means of defeating ~ Mr, Sterling’s améndment, and, for that matter, the whole question of legislation upon the Subject. In supporting Mr. Suell'y amendment to the amendment, the opposition are ad- voeating ' a course directly the cvmlmrf/ of their former position, and have certainly put themselves into a very compromising predicament. The subsitution of senate tile 247 for house roll 450, as the amendment, only complicated tters and served the underlying purpose tilibusterers, which was to obstruct and beg the question as a means of delay. "The whole railway question in the senate, by reason of the circumstances attending consideration of senate fle 41, was to-aay Tumped, and the outcome wil® demonstrate 1o a greater degree of certainty than ever be- tore just what will be accomplished in this direction. By a standing vote of 17 to 15, Mr. Sterling’s amendment was shelved, whereupon the railroad lobbyists left the senate flushed with suecess, and presumably went into the house for other fields of con- quest. They not only have defeated legisla tion against the railways in the senaté but they have sccured the adoption of which is infinitely more to their liking than the present railwiy commission law. They have builded better than they knew, and ure accordingly exultant, A democratic senator said to me this morn- ing: *I have talked all [ dare for stringent railway regulation without laving myself open to the charge of being a crank on the subject, and now if the republicans cannot save this question, the responsibility is with them. The people are wateuing them closely, and a day of retribution will come to every senator who has to-day refused to meet the sy The senate met at 10:30 o'clock and fmmediately took up the special order, consideration of Mr. Sterling's amend- ment to senate file 41, Mr. Snell offered ns an amendment to the amendment what proved to be Mr. Watson's house roll 450, or Mr. Conger's senate file 247, which s a faithful copy of the inter- state commerce bill made applicable as far as possible to the state, ~ Mr. Sterling said that every elause of the inter-state bill which Is effective hiad been carefully omitted in Mr. Snell’'s amendment and that the railroads would be under no restraint at all should the amendment carry. Mr. Meiklejohn pointed out sections which had been covied from the inter-state law without the necessary corrections making it applicable to the state and declared ‘the amendment if carried wouid be a dead letter in the statute book: Mr. Robbins said no United States law could bo wisely applied to the government of subjeet of railway legislation, The pattern was too large for the state of Nebraska. Pending consideration of Mr. Snell's ndment, the senate took a recess until 2 nek . Inecidentally the lientenant governor signed Mr. ~Vandemark’s bill f a re- count of the ballots in the legislative amend- ment and a few minutes later a messae from the ~ governor announced his excelleney had signed the bill, Senators ~ Vandemark and Schminke Were appointed by the president as a com- mittee to join in “the recount. The senate sleepy this morning, a general desire ing expressed for adjournment until the recount is made. AFTERNOON SESSION, ‘The senale met at 2 o’clock and went into committee of the whole to consider the spe cial order. 'The question arose upon the read- ing of Mr. Suell's amendment, (Mr. Wat- son’s house roll 450). On wotion of Mr. Brown, senate file 247, (Mr, Conger’s bill, which is identical with Louse roll 450) was accepted in place of Mr, Snell's amendment, which was withdrawn. ‘This in effect took Mr. Conger’s bill out of its place and put it in the place of senate file 41, The Dbill was then read, the question being upon its adop- tion as an amendment to Mr. Sterling's amendment. Mr. Meiklejohn said it had no more appli- cation to the state of Nebraska than the laws of the United States had to Australia, Sec- tion 15 was drawn _entirely with a view ot common law practice. 1le was opposed to the whole amendment, ‘The question was then called, and resulted in the adoption of Mr, Coneer’s bill 247 as a substitute fors senate file 41, bya standin vote of 17 to 15, This shut out Mr. Sterling amendment, Mr. Fuller then moved that the amend- ment just adopted be considered and adopled section by seetion, Mr, Sterling saw the action in its idiotie sense, aad observed that the amendment had just been adopted in its entirety, and he wanted to know why the committee should ©0 over the ground again and adopt it section by section. Mr, Fuller's motion prevailed, and the sen- ate considered the bill, which was amended in some winor particulars, \When the bill had been adopted, Mr, Ster- ling offered as an amendment to the bill a clause tixing the B. & M. distance rate table of 1851 as a basis of maximuw rates. Alr. Snell objected, stating that the clause was the heart of the bill oftered by the gen- tiewan from Fillmore, which had just been rejected. He protested against the heart of mkxlul bill being injected iuto the body of an- other, Mr. Sterling said the gentleman admitted that his bill had no heart and that organ was very necessary to the life of any measure, He'then went on to meet some of the stat ments made by Ar. Moore a few days since, which he eharacterized as the strongest arcu- ment in favor of the railroads yet made be- fore the senate. He took exeéption to the fizures used by Mr. Moore, who quoted those of the railway commission, particularly with reference to the eost of construction. ~ He took the fizures given by the B. & M, 835,545, as the actual cost permile, while they had re- turned to the stite auditor the fizuics of $4141 a5 the actual cost of construction. “These figures are sworn to by the state aud- itor as returned by the railrcads for a basis for taxation. He also showed the B, & M. to have recelved over $17,000,000 as proceeds of sale of land given them by the state—wmore than enough 1o build and equip their road, and yet they have the unprecedented gail 10 ask to be allowed to tax the people of this state so that they may realize a profit on 95,544 per mile, and were told that we are doibg thew & great injusidce in AXIng a wax- fimum rate 50 that there may be some re- straing placed upon thew, 1 aw disposed to allow the corporations of this state to earn-a £ood dividend on the amount of mousy ac- tually invested in their roads, but L have no disposition to perwit them to earn dividends ou vash sums they have never invested, ~The best intercsts of " the state demand that they Do restrained, The constitution seeks 10 prohibit this ivflation of railroad stock, Itis our duty 1o estabiish a maximuwm raté. lobby is numerous—its number is eqnaled | only by their gall. ‘They are here for the pur- pose of defeating anything that looks to- wards an honest and fair law.” In speaking further upon his amendment to senate file 41 Mr, Sterling said: “Its provisions seek to give to the agrieved parties a speedy and in- expensive method of securing the rights to which they are entitled. It seeks to enable parties who have been charged In excess of the maximum rates fixed in this bill, or in ex- cess of the rates established by the board of commissioners, redress without unt sany expeiiso and delay. I know they Wil raise the objection to this measure that a maximum rate established by the leg- islature is not desirable, and that It is not practicable that the entire power of fixing and regulating rates should be vested ubso- Iutely in aboard of commlssioners, Such will ‘bs the argument of those who seek to defeat the establishment of a maximum rate. Section 4, article 11 of our constitution de- fines railways as public highways, and pro- vides that transportation therein shall bo carried on under such regulations as shall be prescribed by law; and the legislature may rom time to time establish’ laws fixing reasonable maximum rates, ete. Now, then, the constitution says that the legislature may do this, but neither in the constitution nor in the statutes is authority tound for delecating that power to any board. ‘This authority, take it, cannot be delegated, and it is the de- sire of railroad corporations to have this power of establishing maximuimn rates vested n a body that hias no constitutional powers, It is their desire to have a cominission created, leaving the entire authority of regulating rates to a commission, which I olaim has not the power under_our'constitu- tion to fix a maximum rate. They knowine this, when the board of commissioners would seek to establish reasonable maximum rates, they would demur to the rates fixed, the matter would at once be taken into court, and 1 venture the assertion that our supreme court would hold that the board of railroad commissioners has not the authority to fix maximum rates.” Continuing, Mr. Sterlinz said: *“T'he max- imum rate which is established i section 11 of this bill, I presume the friends of a com- missioner’s bill that does not establish a maximum rate (or those who are opposed to the establishinent of a maximum rate) will declare that a maximum established by this bill would bankrupt the corporations of this state; that it would cause the roads of this e to o into the hands of receivers if tho maximum herem established was to be put into operation—but all such elaims are only advanced for the purpose of deceivinz you. Such claim is a fallacy, for the very reason that the maximum rate established in this bill is higher than the rate which the corpor- ations are to-day actually charging—the rate is actually higher than that actually granted to the inside shippers. I do not say thi now, merely as an assertion. 1 am prepared to prove thiat statement. It is a fact that can be shown by the tizures of the corpor- ations themselves that they are charging to- day from 20 to 80 per cent less than the di tance rate table whicli they have filed in the oflice of the railway commissioners of this presume that it 18 trne that i€ an ividual desires to ship a carload of any of his products to any of the markets he would be required to pay this exhorbitantcharge as shown by the distance rate table, but’ the favored ones—the bulk of the shippers of this state—would receive a rato which would range from 20 to 30 per cent below that And 1 would like to know wny one m: S permitted to transport his produce el than another, Such practice is In vio n of the tundamental prineiples of right. ITam free to say that 1 am not wedded to the dea of the commiissioner system. Especially is that truc under our constitution, I recogiiz: tho fact that their powers must necessarily be very hmited, although the roads of this state are loud in asserting that that is the proper method of regulating this traflic; that the commissoners can bo given ample pow- ers; and therefore 1 favor this bill, because it creates a board of commissioners and gives to them the privilege of exercising powers whicli, 1T they ean_consuitutionally excroiso them, would redound to the general good of the peoplo of this state, and for that xoason 1 favor the bill, especially because 1t recog- nizes the prineiple that the lexislature Is the proper body to establish a maximum rate of freizht and passenger fare, Our constituencies charged us repeatedly to adopt sueh measures as weuld afford them reliet from the present giievous oppressions of the monopolies. We assured them that we would use our best endeavors to secure such relief. Aside from the obligations which we have taken under the solemn sanctity of an oath, we are bound, as men, to redeem our word as men. We should not deal lightly with this matter. We should not so readily forget that this is the all-important question that our constituencies have ter interest in_the passage of a law that will afford them reliet than they.have in all other measures that may come before this body. I take it that all’ men who are willing to support wholesome legislation on this subject will be impelled to support this amendment. 1t they desire to see regulation of this subjeet they cannot afford to refuse their support to this measure, We give those who desire a com- mission system all they ask. We give those who desire the establishment of a maximum rate what they desire. Therefore, having brought forth & measure which should meet the endorsements of the two opposing ele- ments [ can see. no good reason why we should not unite in this measure. 1 would uree the adoption ot this measure, first, be causo it establishes n maximum rate as’the constitution of this state says this legislature shall establish, and second, because it creates a board of commssioners 10 carry into effect these several provisions in this bill that are caleulated to afford speedy and inexpensive relief to parties agrieved, a bill whieh, if adopted and thor- oughly enforced, will' redound to the . eneral good of this state. It establishes the prinei- ple that the legislature has the power and recognizes 1ts obligation to establish a rea- sonaple maximum rate, It will make the corporations of this state realize that the time for legislation on this subject has come oand thac they cannot longor delay the mat- ter, notwithstanding their hiréd strikers 1 specions, smooth uasive tongue who seek to make you believe that to es- tablish a maximum rate would work a prac- tical suicide to the best interests of this state as wel! as to the corporations themsely All such argnments as these are fallacies They give you no facts, but plenty of vapor- g They seck to lmpose upon you taxation such as no people would yield to under any other torm of gRovernment at the hands of a ruler, ‘They Impose taxes ubon you without permitting you to have any voicé in the mat- ter. They extort charges from you which are little short of robbery and you are power- less, and it does seem as though it would not be a difficult mwatter at this time to adopt a weasure that is well ealeulated to atford relief.” Mi. Robbins of Valley sald: *I have given some little attention to this bill. Possibly it might have been more pleasing to some to have liad this come up as a separate and independent bill, but the question as to the right to introduce an amendwment or sub- stitution of this kind has been discussed. The authorities have been examined, and it has been decided by the chair, and an appeal tuken resulted in the chair being sustained. It has been urged by the apparent friends of the present railroad com- mission law, and urged witn great foree, and it has not been without réason in the force or argument, that the repeal of tne present railioad commission law might pos- sibly leave the state without any law what- ever to gulde, guard or Yrulfl'l the just and contlicting interests and rights of the people and the railroad companies; that an emer- gency exists for some law defining (n_some way the respective relations existing between the railroads and the people, and giving some power 0 sowe individuals by which those respective rghts way be adjusted and alanced. It seeins 10 me that an_emergency exists with the party in power and that party owes it 10 the people to meet the emergency. 1t is not a political question. It is as binding upon one us the other. The people have a right to dewand that some law be enacted by which an equilibrium may be struck and differences existing between conflicting in- terests in this respect may be adjusted, ana sowe power created to seé - that the adjust- ment is_enforced and carried out, The re- e however, of the railroaa commission aw s it stands withofit- the substitution: of something else, might be of great detriment, not only to the railroads of the state, but to the people, and hence i has been thought best in its repeal w oifer a substitute witich presents another bill of® rights defining their duties andprovides power by ‘which . that authority confested-upon these “individuals may be enforced. Those who are opposed to Their | any rallrdad ‘legislation whatever undoubt- edly will object 1o this bill. ~ They also would bbject 10, & straight repeal of the railroad | in the commission law and undoubtedly any other railroad legislation, no matter in what form and no matter for what object The right of the people to govern the ra roads is upon the principle t 0 has the rizht to govern the creature. e offer a railroad law whioh embodies the same elements which were desired by the railronds railroad commission law. We also have embodied in it a restriction and cur- tailing of their power in the excreise of the lexitimate franchises so delegated to them, 1t hias been apparent the last two years that the mere establishment of a railroad commis- sion would not be satisfactory to the people of this state, It has been welghed in the balance and found wanting. Duta railroad commission whose powers ate clearly deiined by the people—an act within certain limits prescribed by the statutes, and those limits calenlated as well to protect the rights of the Tailroads as those of the people and to adjust all those equities in the scale of justice—it cannot help meeting the approval of the peo- ple. Mr. Meiklejohn said: “I for one am ready togo on and take this senate file 41 wup in committee of the whole and act upon it, and if the amendment offered by the gentleman from Fillmore is defective in any particular, Jet us amend it. 1 wish to say here, however, that the amendment to the amendment | am opposed to first, lastand always. 1 have compared it, and While I favor the intor-state commerce bill, Tdo not favor a bill which takes rrom that bill passages which are without effect and leaves out thiose which are effective, If the amendment to the amendment is carried 1 have nothing further to say. 1 hope that cach member will read that bill. " I think we should proceed carefully in this matter and not sithere and act a8 thoush we had fears to take a stand one way or the other’ Tam ready to act.” @ Mr, Brown of Clay said: “1 have compared Mr. Conger’s bill with the inter-state com- merce bill, and find that the matters left out are those vertaining entirely commerce, and which would have no cation to our state aftairs, It the int bill was good enough for this senate to me- morialize congress to pass it, its provisions arc good _enough for this state. There are nators here who wanted congress to pass the inter-state commerce bill, but when jt comes down to our state they ‘want to pass something wuch mor severe to the railioads than is the inter-state commerce 1 want to deal perfectly fair with the s and the peoplo. [am not entirely with the inter-state commerce bill as a whole, but as between it and the amend- wment offered by the gentleman from Fill- more, it is far better tor all parties, and if 1 am compelled to take one or the other I pro- pose to take the inter-state commer Mr. Sterling said: “1 am vot that ‘it oceurs' to the gentleman from Cla that the amendment offered by the gentle- man from Jefferson is just ‘about such a measure as tie interests of this state demand. From the very fact that it does not possess a single clause or feature that will in- anywise restrain the corporations of this state” from multiplying their already extortionate rates, and since the recent passage of the inter-state commerco bill the roads have already ad- vanced rates on through business. The now are desirous of securing passage of a Jaw that will enable them to advance rates on local business, They desire to have a law that will permit them to make just such rates as they see fit and bid defiance to the people, no matter how grievous the wrong may be. I nvite the gentlemen to show in this bill where the agerieved party has any remody for extortionate rates.” Mr. Robbins said lieve that the braska or any otler all times attempt to ate as a p; United S iy not by state of Ne- state can safely at et under and in t of their laws, the laws of the ates, Each state has its own adaptabilities. 1 am m favor of braska making her own laws, Every state has her own peculiar railroad laws, = This bill has been presented to get away from lezitimate ¢ logislati :We are capable as of making our own laws, boeause re under our own peeuliar conditivis. n not in favor of this amendment.” Mr, Meiklejohn cut the bill all to plec and showed [ts incongruities to be glaring and the whole thing to be gotten together edly without care or_proper con- There was not anerfective clause andcorc of the inter-state bill had been omitted. The amendment as it stood was of 1o use whateves g Mr. Moore wmade an explanation, and nhoped that it would not be construed as a de- fense of the railronds, I'ne vote upon Mr. Sterling’s amendment for a clause ixing maximuin rates resnite in_a tie. the ckair (Majors), declaring it los Mr. Colby moved that the connmittee arise and report the bill back with recommenda- tion that it pass. Carried. Mr. Snell moved the adoption of the re- port. VN1 Sterling moved to amend the report of tho commitiee by submitting his original amendment to bill 41, and caled for the yeas and nays, His motion was lost by a vote of 16 to 13, as follows: Yeas—Calking, Casper, Duras, Fuller, Hig- gins of Cass, Higgins of Colfax, Keckley, Lininger, Mciklejolin, Robbins, Schminke, Sorick, Sterling, Tz:chuck, Wolbaeh, Wright —16, Ays—Bonesteel, Brown, Burnham, Camp- I, “ Colby, Conger, Heartwell, Holines, Kent, Lindsay, Linn, Majors, MeNamar, Moore, Sheryin, Snell, Vandemark—17 Mr. Lininger moved that senate iile 41 with all of its amendments be indefinitely postponed. He said he did this in order to settle the whole quostion once for all, that it might not take any more time of the senate. His motion was lost by one vote. On motion of Mr. I'zschuck the senate ad- journed. 4 Doings in the House, 1ANCcoOLN, Neb,, Feb. 25,—Special Telegram to the BEE.)- At the opening of the house this morning Messrs, Pemberton, White and MeCann were appointed as mewmbers on the returning board committee, Mr. Baird, who has been absent on aecount of sickness, was granted unanimous permi sion to introduce a bill making railroad com panies liable tor fires caused by passing loco: motives. Mr. Bowman's bill providing for a board of live stock sanitary commissioners was re- ported for indefinite postponment, but upon that gentleman’s motion and quite extended remarks by him, the bill was placed upon the general file, T'he tollowing bills were Indefinitely post- oned: Asking congress to investigate the illing of Captain Emmet Crawford; giving owners of male annmals a lien on fewale animals with young; to relieve parties holding contracts for the purehase or lease of l]vubl\\' lands; to dedicate a Lincoln lot owned by the state to the Church of United Brethren: also a like dedication to the Danish Lutheran ehurch: also to the Seventh Duy Adventists congrega- tions also to the Free Will Baptists, Tiie house debated at some length upon the motion by Mr. Whitwore that the roll b2 called and each member name two places for the normal schools, apd the two places receiving the highest votes be designated as the choice of the house, The motion was finally carried with an amendment that one place be se- Jected at & time by a majority, Mr. Blater spoke in favor ‘of Fremont and withdrew the nawe of Wayne, Alr. Fox sald that Pluw Creek was the com- mercial and ofticlal center of Dawson count the population of which was 12,000, The town has 1,500 people, Ile wanted a normal school at Plum Creek. Mr. Whitmore spoke in_fayor of Fremont Mr. Newcomer favored Red Cloud. Hesaid the people of that part of the state wanted education und needed it bad. Mr. Dempster adyvocated Geneva's claims. Others presented Aurora, Broken Bow, Fairbury and Ord. The vote showed that Fremont was the choice of thirty-six mem- bers and in the order uamed the other places were represented as follows: Aurora receiv- ingelghteen votes; Geneva, Plum Creek, Breken 10w, Fairbury, and Ord, No place having received a mal{unly another ballot was taken. No choies s declared, as Krewont reecived only twenty-seven and Aurora fifteen ; while the rest of the seventy- six were scattered around impartially on the second ballot. Owaha recelved one vote. From the number of gentlemen from differ- ent parts of the state . who were present in the fobby and on the floor, it was evident that a awwber of locations werefbeing very vigor- ously championed, and pormal school sites are eagerly sough for. BREMONT AND AURORA. do When the house reconvened.at the after- | nobn session, by & motion from Mr. Whit. wiope, the railroad bill was wade the special order of 4 p. w. aud theuce thercalter until | disnosed of. The voting upon the locations il- | at the creator | of two normal schools was resumed, It showed that the house Was little nearer to a result than before the first ballot was taken. Broken Bow on this heat was winner, having recelved twenty-ning votes, and after that location Aurora and Fremont were the fayor- ites. Mr. Whitmore azain urged his plurality idea, but Mr. Miller opposad it vigorously. He contended that the bill would fail when it came to final passage, because tnere would be enough disappointed menibers who would vote against it. In any cvent, too much time was being consumed, But there was no use of tatking abouta plurality, It wasn’t constitutional. A plurality couldn’t settle anything in this house. A motion to refer the bill to the committee on normal schools was lost Upon the following ballot Fremont, by varlous changes, becanie the choiee for one of the sehools, receiving forty-eight votes, with forty-three necessary Before voting on the second location Mr, Dempster, on behalf of the delegation from Geneva, offered £15,000 and ten acres of land for a school, Onthe ballot Aurora and Plum Creek led with eighteen and seventeen votes respectively, but there was no echoice and anothier ballot became necessary, Mr. Kennedy of Kearnay moved that fure ther proceedings be postponed until next Monday at 2 p.in. The motion was lost and the roll was cailed again, Although the con- stitutional changes wers numerous yet there were not enough of them, and Geneva only attained twenty-six, or less than a ma- jority, Plum Creek and Broken Bow were next. The following baliot was equally un- successful Aurora, on the seventh ballot, recelved forty-eight votes and with Fremont will be a piace for a normal school it the bill passes the senate and is aporoved. THE RAILROAD BILL. The house went into committee of the whole with Mr, Whitmore in the chair. The discussion opened on the amendments which were offered on I'riday to section 11. The tirst was Mr, Harlan's, which establishes the reasonable maximum rate to be the dis- tance rate table of the Burlington & Missouri River Railroad in Nebraska, which took effect Juno 1, 1551, and which was filed in the office of the railroad commissioners of Ne- braska on July 9, 155, reduced by decreas- ing the rates for the various classes of freight therein coutained for five miles 1 per cent and for each additional five miles, an addi- tional 1 percent until the distance of 100 miles is reached and_ 20 per cent reduction on all rates for anv distance after 10 il Mr. Harlan briefly supported his amend- ment, claiming that the establishment of a maximun rate was a necessity. Mr. Caldwell opposed a maximum rate at length and forcibly. He contended that the attempt on the part of the lewislature to em- power three mien to fix rates for which work forty able men were employed by tho rail- roads was ridiculous. It was old womanish. He thought his substitute enabling the com- missioners to establish a prima facie rate was the only practicable le:islation. Railroads were built in this country to overcome dis- tance. Istablishing a maximum rate killed competition, The legislature was fooling with a buzz saw when it contemplated pass- ing a maximum rate. ‘The great question for the people of this state was the cost of the ght shipments to tie markets of the 0 the seaboard, The maximum rate, if establisned, would beadded to the through rate. Let the railronds attend to their own business and let us attend to ours, 1f they impose on the people make them liable as COMMON carriers, Mr. Ballard said th Missouri river were were this side of the Missouri. gentleman had sald that the vrin- ciple of equal rates for equal distances ould be adhered to. “Look at the follow- ing rates,” sententiousty said Mr, Ballad, “and then say what, herads in equal rates for equal distancess Syeaor miled, Dt cens. “Ll')xl('m:l) to Omaha. Jowest rate, 14 cents; Omaba to Fairmont, i cents. Tt 1 this kind of equal rates for equal ais- tance’ that we desive to remedy. A max tium rate alone will do it.” The house then adjurned without farther debate. rates bevond the less than R e Neb,, 10’ mile The Amen dment Recount, LivOLN, Neb, Feb. 23.—[Special Tele- &ram to the Be ~Thae recounting of the ballots on the amendrent vote commeneed at 2 o'clock this afternoon at the secretary of stte’s ofli Sen tors Vandemark and Schminke and Kep vesentatives Pemberion, White and MeCann with the secretary of state and auditor are isted by about'a dyzen clerks. Over twenty counties liave beon heard from, eludini Saunders and others in which the greatest discrepancies are sipposed to oceur, The followins counties, with gains, were Tecan- vassed by the return ng board this afternoon : Adums. ... Cheyenna. ... ST Furs ; i Madison ... 1111 i 150 e 34 It louks favorabh for the aniendment. e IW YORK STOCKS, Firmness in Al Foreign Markets Causes a Swong Opening. New York, Feb, 23.—[Special Telegram to the Bep.]—Firmmess in all the foreign markets and a sharpadvance in English and French national scairities caused a strong opening in the Will street market to-day. 1t was considered that Bismarck’s vietory in the German electiors ensured the maintain- ance of peace for th present. The opening rices, however, wee the highest for the day. Large lines of Readng were thrown on the market, breaking tie price of that stock 15 per cent. ‘The causiof the selling was saic {0 be the necessity of denositing stock in Philadelphia Marel 1, requiring brokers to |m{ cash for thelr nldings. They evidently did not care to put ip €0 much money and advised their client” to sell out. The rumor that Mr. Corbin hd sold out his Reading, expecting to buy itackifter the payment of the assessment, wa denied, Mr, Corbin as serting that he was buyer on the drop, ‘The break excreised mea or”less of o demoraliz- ing influence on th rest of the list, and a shading off of yalues was the result, Exchange rates wee up again, and this, to- gether with the dulness of the market, ea- couraged the bears n their belief that there could be no matelal advance until pr were let down sweral points. were in good demnd, Northwestern being ially strong i1 face of the weakness of the rest of the maget, At noon the market was steady ata frefional decline from the ening, ‘Toward the close Iteading was boomed by ctique wying, and nearly all of the early decline ws'rezained. Shorts were large buyers of Uron Pacific and St Paul, A better feeling ws observable in the deal- ings, and the dispsition to buy was more marked than for wong time. 'he close was strong at about topprioes for the day, The totul sales were abut 500,000 shares, e OMAHA JATES RAISED. The General Managers Agree Upon dvance, CuIcAGo, Feb, §,—The general managers of the Western Fright association lines to- day partly agred upon an advance in throught rates beteen Council Bluffs and Chicago. Unless he managers reconsider their action the trl rates after April1 will be about as follas: kast bound wheat, Omaba to Chicago,s cents a hundred: corn, 22 cents; live stock per car, $70 (old rate is £45) 1 hiogs, $00; peking house products, cents per hundredabove Kansas City rates. On classes coverlg merchandise ‘Council Blufs and Kansg City rates will about correspond. In th northwest an attempt will be made to adance all rates except flour and grain from 5o 10 cents a hundred, al- though at least ongof the roads is opposed to any increase onhe ground that it is called upon to hurt ityown business to protect others. Another ession will be held to- mnorrow, e Busiess Pailure. 8, PAvL, Feb, .--The Pioneer Press say: Edward M, Biggs, vholesale and retail drug- gist, will make asignment to-day. Liabill- ties $100,000, Asses supposed to be snflicient 10 cover 110 loss. DEATH AND DESTRUCTION. | Terrible Earthquakes Sweep Through the Whole of the Italian Riviera, HUNDREDS OF PEOPLE KILLED Towns Completely Wiped Out of Ex istence By the Fearful Disaster— A Panic Seizes the Entire Population, Frightfal Barth Upheavals Copyright 157 by James Gordon Bennett.] PArts, (via Havre) Feb. 23— New York Herald Cable—Special to the Beg.|~The following telegram from Turin has just been received by the Figaro: “A very scvere loss of life from an earthquake has oceurred in Savona. Inone house in the rue Untoria eight dead bodies have been dragged*from the ruins. At Altara and Novi Ligure,too, many have been killed and wounded. "Troops have been sent from here to Alasseo and Genoa. On the coast the greatest con- sternation prevailsand the people are taking the railway stations by storm. The munici- pal authorities at Turin have posted placards throughout the city to calm the panic stricken population. TIE SHOCK Nick (via Havre), Feb, 28.—[New York Herald Cable—Special to the Bez.|—Only Iast nigt Nice and the Riviera grandes fetos de nuit were in full swing, The ilumina- tions, the fireworks and the torchlizht pro- cession culminated in a perfect saturnalia when the figure of the carnival was burned in a magnificent blaze on the place de la Pre- feture. Thisevening at five minutes before 6 Nice was thrown Into a panic by a severe shock of eartnquake, the oscillations rolling from the northeast to the southwest. All the houses swayed to and fro like eradles and from the chimney tops to the founda- tlons cracked. Women, shrieking like waniacs, appeared at the windows in their night dresses. ‘Uhe sky seemed o be all in flames. It glared with a blood-red color. Two more shocks succeeded each other at brief intervals, and the tire population rushed frantic into the stroets all in_ their night dresses. Men, women and children jostled against oue another. Fashionable beautles were cheelc by jowl with beegars and servants. Each was fully confident that the last hour had come. Parisian club men were rush- ing about panic stricken with naked feet protruding beneath their fantastic pyjamas,some of them holding thelr trowsers in’their hands. The palace des Platanes, the place Wassena and the place Garibaldi were filled with half naked and terrified masses of lumanity. llereand there were {0 be noticed groups of masqueraders, vi rots, harlequins and North American In- dians, who had been making a night of it. When they were returning to their homes they were surprised by the earthquake. THI FIRST CATASTROTH The first house to fall was No. 7 Rue 'aga- nini. The roof crushed In just as the Countess Rini Bardi, who occupied an apart- ment on the fiffh story, clothed only in a HRE briffindt bhttsbe Tobo o by, was in the act of jumpng ont of the window. The countess had her right thigh fractured and her head was split open. She now lies in the hospital between life and death. Mme, Cheylan, who lived in the same apartment, was killed outright and her mangled remains have just been pulled out from beneath the heap of ruins. T'he villa Natha, in the rue Saint Etienne, crumbled to atowms, but five ladies and wen who inhabited it eseaped miraculously by jumping out of the window and they only incurred slight injuries. Three children were also saved by Lieutenant Ben- net, ot the Sapeurs. Poinpiers, who had his left hand crushed STILL ANOTHER SIIOOK. At half past Scame another shock, caus- ing the be!fry of the St. Augzustine ehurch to come erashing down with a noise like tte roar of artillery. A small stone rochettea and struck Mr. Hathaway, son of the United States consul, on the left temple, cutting it open. Mr. Hathaway was carried off by the tiremen and had his wound dressed by Dr, Barety. ‘Lhen another shock eame and Mr.Hathawsay suddenly recovered conselous- ness. Heroseto his feet, started and ran away as fast as he could, Dr. Barety chased him and catening up with him, held him and finished the operation, OUT 1N UNDRESS. Villa des Carabiers, inhabited by the Compte and Countess E. d'Eu, swayed and seemed about to fall, and their royal high- pesses In night dresses jumped out of the windows. The Duec de Nemours and the Princess E. Blanche 4’ Orleans are living in a tent in the arden of the villa Grasiella. The popular restaurant Francais isin rnins, Among the ornaments of the fashionable world seen capering about in night toilets were Lady Carthness, the Marchioress Cambiato, Mme, Wurt Dundas, Mrs. Heuston, Miss Heuston, Miss Warren, Miss Sprangz, Mr. and Mrs, Hamilton, Dr, Robligs, Dr. Waketield, Mrs, G. Wood, the Comptesse d’Aspromonte, Lady Graham, Miss Jarvis Amos, Mrs, Sarzent, Mrs. Walindley, Miss Wilson, Mr, B, Tilden, Mr. Waketield, Mr. and Mrs. Thompson, Mrs. Scoville, Mms. de Saphonow and others of the phalanx of brilliant society of Nice, ALL CAMPED OUT DOORS, On the heights around Cimilz 2,000 Ameri- cans, English and Russians are encamped, the military authorities having placed tents at their disposal. A battallion of infantry patrols the streets and sentinels up and down In front of the villas and shops. All the camps and omnibuses are turned into habita- tions and command fabulous prices. A cab for the night costs 5,000 francs. The rallway station is literally besieged. It is a case of sauve qui pgut. Everybody Is trying to get away, Six thonsand passengers left to-day for Iaris and 8,000 for Italy, With the ex- ception of Mr, Hathaway no American has been injured, but all ave terribly frightened, AT OTHER POINTS, At Mantone nearly all the houses will have to be rebuilt, The villas Cepoline and Moli- nary, in falling, killed the workmen and wounded several others. At Cannes the shock was very slight, merely shaking the houses and frightening the people it did no harm there. At Cunco eight persons were killed and twenty-eight were wounded, At Port Maurice eight were wounded and one was killed, but there are uo Americans among the dead or wounded. ADDITIONAL DETAILS. Loxnox, Feb. 23.—Further dispatehes con- cerning the earthquakes in southern Europe this merning state that two violent shocks were felt at Toulon at 6 o'clock. The first shock was of fifteen seconds duration, and the second of twelve seconds. At Canne three shocks were felt at the same hour. The first shook, which was very violent, lasted for & minute. The secoud and third shocks weré not 50 heavy as at first. Many AT NIC pass people in this place rushed to the sea shore | for safety. Nobody was injured. At Avignon three shocks were experienced be- tween 6 and 5 o'clock, The first shock was very severe and awakened everybody In the {UMBER 251 6 o'eloc A dispateh from Nice, aated noon to-day, says many casualties were caused by the earthquake this morning. The people are panic stricken and the entire population are in the streots, Railway stations are be- feged with visitors anxions to leave. Two houses, one in St. Etienne street and one in St. Phillipe street and Maison Bourke, were destroyed. Three persons are buried in the ruins of these building At the time of the earthquake this morn- ing the Rivera was crowded with Englisn and American tourists and persons of dis- tinction. When the first shock occurred the streets of Nice were fairly thronged with persons in ball-room costumes returning to their homies from the last carnival of the winter season. ‘[0 these the earthquake came with peculiar terror. Tha shocks were felt with great severity at Savona, mear Genoa, and a number of houses were wrecked and eleven persons killed at that placy ‘The Prince of Wales beinz at Cannes, the queen became ngly anxious concern- ing him when she learned of the earthquake, and she at once telegraphed him. The prince immediately telographed a reassuring reply, saying he was well and uninjured. ‘The government, in consideration of the popular eoncern about the safety of the prince, have requested him by telegraph to return to Kugland as soon as he can con- veniently to allay anxicty, An ofticlal dispateh from Cannes says that no injury was done to life or property there but a great panie prevails, Further details from the Rivera increass the disaster. At Cervo, near Dianomarina, 00 persons were killed by being buried in the ruins of falling buildings, Railway traftic is suspended beyond Savona. The prisoners in the government jml at Finalborgo, alaried by the earthquake, attempted to es- cape, but were overcome by the guards, Roae, Feb, 2, —Two shocks of earthquake were felt at Nice at 6 this morning. Houses rocked, walls cracked, and in some cases frail tenements were thrown to the ground. ‘The people rushed from their houses and fell on their knees in the streets praying for de- liverance from sudden death. Visitors to the city have been thoroughly frightened and are leaving the place. Many persons were injured by falling debris. Much alarm s felt lest there be a rceurrence of the shocks. ‘The Prince of Wales, who was in few days ago witnessing the festivities which precede the Lenten season, had taken his departure and was sate at Cannes, Shocks were felt at Monte Carlo and Monaco, ai which places they were so severe that rocks were detached from the cliffs and precipitated into the sea. The disturbances extended as far as Genoa, A second and severe shock of earthquake has occurred in Genoa, Pavia, Lucia, Cuneo, Albissola, Poso, Maurizio, Oneglia and No- lin. At Savona cight persons were killed and fifteen others injured. Dinmense damage was done to property. The carthquake this morning devastated the whole of the Italian Riviera, At \ on the gulf of Genoa, and not far from S vona, several houses fell and fifteen persons were killed. Six wer® xilled and thirty in- jured at Onegli, also at the culf of Genoa, ‘¢ Diunomarina, near Onegli, scores of peo- ple were killed and hundreds injured. Fully one-third of the town was destroyed. At Nice the earthquake shocks have caused an awful sur prise to crowds of mask- ers returning home from the earnival festivi tics in faney costumes worn and bedrag ¢led by the night’s exercises and looking dull and dreary under the glare of the morning sun- light.” The first shock created an immedia panie. ~ Women sereamed in terror. ‘Ihere was a wild xush in all directions for safety from what everyone thousht an awful impending calamity, The barking of dogs and the clanging of church bells added to the momentary terror. he people first rushed to the church of Notre ame and besiceed the contessionals. Tne uiatic scene was presented of many stron s their knees praying, ‘Thén eame second shock, ‘Terror was depicted on every face. The praymng crowds hastened outside for safety. The troops were called out to kecp orderamong the crowds beseizing the railways thronghout the eity. To-day there is ablue, cloudiess sky and warm sun. A technical inspection will be necessary to discover the extent of the damage to prop- erty. One lady jumped from a window in terror when the tfirst shock came and now lies in a precarious condition, Gardinal Jacobini Very Low. [Copyright 1887 by James Gordon Benne't,} RoME, b, 25,—|New York Herald Uable—Special to the Ber. |—Cardinal Jaco- bini is dangerously ill. I called at the vatican to-day and was informed that the cardinal was in extremis and was not expected to live through the week. He suffers seriously from disease of the heart, a continued colic and other serious complications, 11is death is regarded as imminent. It is probable, in view of the result of the German election and Prince Bismark’s victory, to which the Jacobini letter contributed so much, that Cardinal Jacobini will be succeeded by Mgr, Galiaserti, who for some time past has virtually managed the bureau of foreign affairs at the vatican under the supreme supervision of the noly fatner, BERLIN, Fob, 23, commenting on the elections, cigners will now sea how mistuken they were in regarding the vote on the army bill Zeitung, vion. ‘The resnits in 200 elee- tion districts ave known. Candidates elected comprise 150 supporters of the septennate and ninety-elght opponents of the measure, Rte-elections will be necessary iu forty-ive districts 1 p. m.—At this hour the results in 521 dis tricts ure known. The candidates elected in clude 170 septennists and 103 opponents of the government 4 p.m,—The results in showing the election of 176 septennists, and 109 opponents of the government, — Now elections in fifty-three districts will be neces- sary, The reichstag has been suminoned to meet Mareh 3, ~The conservative and national liberal ma- Jority inthe new reichstag is now undisputed, althongh their numerical strength is not yet ascertained. ‘I'he majority will inaugurate a uew era, devoted to the work of consolidat- ing und developing the empire, for he meni- bers of these tio parties (Lhe conservative and natio Diberal ) will aet together as formerly and endeavor to rewedy the errors of thie past decade. The French Jubilant, Panis, Peb, The newspapers ety are jubilantover the result of tion in Alsace-Lorraine. They say Germany is_not able to obtain the learts of the in- habitants of the annexed provinees, - Must Be Decided By the Assembly. INDIANAPOLIS, Feb, 25.—The supreme court to-day handed down its declsion in the Swith-Robertson cuse, in which the former prayed for an injunction to restrain the lat- ter from exercising the duties of lieutenant- governor, the position to whieh he chosen at the general clection in last. The opinion vefused the injunction on the grounds of jurisdiction, thus in effect de aring the casé muet be decided by the gen eral assembly and not by the courts, - The Presidency of the Senate. WASHINGTON, Feb., 25.—The republican senators will caucus to-morrow to select a candidate for the presidency of the senate. Hoar and Ingalls are the only persons prom inently mentiuned iu connection with the Louer. 3% distriets are in, of this the elec- was | November | LABOR'S LENGTHY RESOLVES, The Embryo Party at Oincinnati Adopts & Long Platform, WHAT ITS PROVISIONS It Declares in Favor of Land For the People, Government Control of tho Railroads and Other Refory ARE. The Labor Conference. CiNcisvati, Feb, 235.<It was an hour after the time tor convening this morning when the chair called about one-half of the dele gates to the national labor party to order, On motion of Severance, the rules were sus- pended and Crocker of Kansas was per- mitted to explaln the Oklahoma fmovement, He presented a resolution declaring that this land was now in the possession of a vast cat- tle syndicate by the undue influence ot the United States courts, the army and other of- ficers, The resolution censured the present administration and demanded the passago of the now pending Oklahoma bill, and it this congress did not pass the bill then request- ing the president to convene the next con- Kress in extra session to pass the bill. After some discussion the resolution was referred 1o the proner committee. Mrs. Reverance of Milwaukee addressed the convention and prophesied the further denial ot free speech unless the monopoly pow curtailed, Jesse Harper, of [llinois, made a speech de- claring that it should be the announced policy of the convention that no freight or passencer rates should not be based on watered stock, The convention adjourned 10,2 0'elock, I'lie committee on resolutions reported the following: Preamble—Delegates of yarious industrial and reform political organizations have as- sewbled from thirty-one statesand teriitories on_this anniversary of the birth of ‘“‘the father of his country” to view the situation of public affaits and advise proper action, General discontent prevails on the part of wealth produ 1armers are suffering from a poverty which has forced most of them to morteage their estates, and prices of pro- ducts are £o low as to offer no rel through bankruptey: laborers are sinking into greater and greater devend- ence: strikes are resorted to witiout bring- ing relief, because of the inability of employ- i s to pay living wages, while eare driven into the streets; business men find eoliections almost imposs sible. Meantime hundreds of millions of tdle public money which is needed for relief i Jocked Up in the United States treasury in ety of the distress: land mmm]mlx never before and more an, more owners of the soil are daily be:oming tenants, ‘The great transportaion corpora- tions still enceeed 1 extorting their profits upon watered stock through unjust charces, The United States senate has become an open seandal, its seats being purchased by the rich in open defianee of the popilar will. A tritling fisheries dispute is seized upon as an excuse for squandering publie money upon untecessary wilitary preparas tions, which are designed to breed a spirit of war to ape European despotism and to cmpty the treasury Without wavine the pubiic dabL. Under these and other ‘alarming conditions, we anpeal to the people of this whole coun= try to come out ot the old party organizations whose inditference to the public welfare is responsible for this distress, and help us to organize a new political party, not see- tional but national, whose members shall be called commoners: jyhose. ub{ucl. shall be to repeal all class laws In favor of the rich, and to relicve the distress of our Irlnllus( s by establisiing the following prin- . ciples: D Lhnd—Every human bolng possesses a natural, inalienable right to suflicient land for self support, and we desire to secure to every industrious citizen a home, as the highest result of free institutions, To this end we demand a graduated land tax on all large estates, especially those held for spee- ulative or tenant purposes; jihe reclamation ot all unearned land ki immediate opening of Oklahoma to homestead settle- ment; the purehase of all unoccupied Indian lands and the settlement of the various tribes upon lands in sev- eralty: also laws preventing corporations Trom aequiring real estate beyond the re- quirements of their business, and alien own- ersof land. The sysiems of frrigation, in states and territorics where nec ry, shall be under such public control as shall secure the free and equitable use of the waters and franchise to the people. . ‘Pransportation.—The means of commu- nication and transportation should be owned o controlled by the people, as s the United States postal system, and equitable rates everywhere established, 3. Money—The establishment of a national monetary system in the interest of the pro- ducer instead of the speeulator and usurer, by which the cireulating medium in neces- sary quantity and full legal tender shall be issied directly to the people without the ine tervention of the banks, or loaned to citizens upon ample security at a low rate of inter- est, torelieve them from the extortions of ustiry and enable them to control the money supply. Postal savings banks should be established. While we have free coinage of gold we should have free coinage of silver, We demand & prompt payment of the national debt and condemn fuither issue of interest bearing bonds either by the national government or by states, ter- ritories, counties or municipalities, 4. Labor—Arbitration should take the place of strikes and other injurious methods of set- tling labor disputes: the letting of nviet Jabor to contractors should be prolubited; the contract system should be abolished n public works; the hours of labor in industrial establishments should be reduced com= mensurate with the increase of the production in labor-saving machin- ery; employe should be protected from bodily injury, equal pay being given for equal work for both sexes, and labor, agri- culture and eco-operative associations be fostered and incorporated by law, The foundation of the republic is the intelligence of its citizens, and childzen who are driven into workshops, mines and manufactories, are deprived of education, which should be secured to ”"f proper legislation, We de- sire to see labor orzanizations extended throughout all eiviliged eountries until it shall be impossible for despots to array the workingmen of one country in a war ay their brothers of another conntry 5, Soldiers and Sallors—In apj the services of United States soldiers sailors, we demand for them justice before charity. The purposcly depreciated money paid them during the war shoula be made equal in value to the gold paid bondholders, 'l‘lw soldier was promised coin or equi alent and paid in depreciated paper. T bondlolder loancd the government depres ciated paper and contracted to take it back, and was paid in gold, 6, tncome Tax—A graduated income tax is the most equitable system of taxation, pla ing the burden of the government on 'those d 1o nay, instead of laying it on the farmer and producer and exemptiog the millionaire and bondholders and corpora- tions, 7, ‘I'he United States Senate—The capture of the United States senate by millionaires and tools of corporations, who hiave no syim- pathy with free” institulions, threatens the very existence of the republic,. We demand & constitutional amendment naking United States senators clective by a direct vote of he people, 8. Chinese—State and national laws should be passed as shall gifectually exclude from Americs the Mongoffan slave and Asiatie competition 9. Arued Men—The of armed wen by private be probivited. 10. Equality—Tt in eitizenship, irres 11, Temperance— ing in luxury and idiene exeessive toll aud poverty on the other leas 1o intemperance and vice, Ilie miensures of reforin Liere demanded will prove o be the selontifie solution of the tenperazce uess tion, mor nployment of bodies orporations suonld izhit to vote 15 inherent o sex wealth, resulte s on one hand and - A Railroad Dividesa New Youk, Fev, 2i—The O loees o Northwestern 1ailway bas declar 4 o divie dend of 13 per cent, ob prefericd stock wble Mairch <i