Omaha Daily Bee Newspaper, April 27, 1888, Page 4

THE OMAHA DAILY BEE: FRIDAY, APRIL 27, 1888 THE DAILY BEE. PUBLISHED EVERY MORNING, TERMS OF SUDSCRIPTION. Datly Morning Edition) including ana-ym b . 5 2 nths N he Omabia Sundsy Bes, maiied 16 any ad- dress, One Year.. 2 OMABA OFFICE, NOS.OUAND 010 FARNA W YRk Orgom, Roows 14 Axp 1o Thiss UILDING. WARHINGTON OFFiCE, No. 613 FOURTEENTH BTREET. CORRESPONDENCE. ol 1 feations relating to news and edi- AoRI T iter shouid be AdAFossed L0 the EDITON OF TIE BER.( i nmss LETTERS, ATl business letters and remittances should be addressed to Tie BEE PURLISHING COMPANY, OMARA. Drafts, checks and postoffice orders to be made payable to the order of the company. Tio Bec Publishing Company. Proprictors E. ROSEWATER, Editor. THE DAILY BEE. Bworn Statement of Circulation. Btatoof Nebrasks, Ly s, Cou uglass, Geor 1l Tasehtick, Hecretary of The Bes Pub- Nishing company, does solemnly swear that the actual eireulation of the Daily Bee for the week 1888, was as follows: Average. PITTTRY P 18.3 GO, B, TZSCHUCK. Bworn to and subscribed in my_presence this 215t day of April, A. D, 188, _°N.P. FEIL, Notary Public, Btate of Nebraska, County of Dou, }s. Goo" ] Heschiiok beink first duly sworn, do- o8 and says that he is secretary of The' Bee hllu.h]n‘scnmpnny that the actual average circulation of the Daily Bee for the month i, 1887, was 143318 copies: for May, 1887,; coples; for June, 187, 14147 copled; 0¥ 7, 14,00 coples; for' Augzust, 1887, 14,151 copiés: tor Beptember, 1857 1040 copiés; for October, 1887, 14,33 coptes; for Novembor, ‘1857, 16,528 coples: for December, 187, 15,041 copies for J?gnmry. 1888, tlfi.!il’ll '."Nl"z«i\,h:l; nl'('hrlmll' 1888, 15,9 coples; for March, 9,08 copies. GRO. B, TZSCHUCK. Bworn to before me and subscribed in my presence tls 16th day of Apri, A. D. 185 N. P. FEIL, Notary Public. MINISTER PHELPS is in Washington, but has not yet paid a visit to the su- preme court room to see 1f he could fill the big chair of the chief justice. D “CHICAGO is supremely happy, the Theosophical society of America has just closed its national conference in that city. But the pork packing in- dustry is going on just the same. PLATTSMOUTH is to have a pontoon bridge across the Missouri to cost $80,000. In common with other cities on the Missouri, Plattsmouth has suff- ered from want of wagon communica- tion with Iowa, and has been imposed upon for years by the extortions of the Burlington bridge monopoly. THe drink question is to be attacked from another quarter. A league has just been formed to declare the saloon a nuisance by legislativeenactment. The new society bears the rather common- place name of the Anti-Nuisance league, with headquarters at New York city. Its purpose is to test by judicial inquiry the constitutionality of liquor license laws. . ‘WHEN the Castle Garden pool was in full'blast immigrants were packed like cattle in dirty overcrowded cars. Now that rival trunl lines are at war, clean second-class cars, with leather cush- {oned seats, are provided and trains are scheduled to reach Chicago from New York in thirty-six hours. Railroads have souls, but the only time’they show them is when fighting each other. ToE world moves in a funny circle. The other day a negro bishop of the Methodist church in New York advo- cated the reimbursement of southern slaveholders for the loss of their slaves during the war. His argument was that in freeing the slaves without com- pensation the government did the southern people a great injustice, and that the self-respect of the negroes would be increased if the owners of those who were formerly slaves were re- imbursed. The surplus in the treasury catches all kinds of flies. Tie New York Sun professes to have information on high republican author- ity that Mr. Blaine will renew his re fusal to be a candidate for the pre dency. His plan is said to be to do this just before taking his departure for this country, coucliing the refusal in the most absolute terms, and as he cannot Dbe communicated with while the con- vention is in session, it is assumed that his more ardent friends will see the propriety, if not themecessity, of taking him at his word. Mr. Blaine may find it necessary to dothisin order to change the minds of those of his friends, ap- parently quite numerous in some locali- ties, who still do him the injustice to believe that the refusals to be a candi- dato he hasalready given were not sin- core. THE offers of bonds to the treasury thus far have been quite asliberal as was expected, and the sellers gencrally appear to be satisfied to ask no more than the market price, a considerable part of the offers being a little lower than the public quotations. The bond- holders learned from their experience with the treasury last year that it was not the policy of the government to bull the bond market, and they understand that in order to sell to the treasury they must not ask more thau they could dis- pose of their bonds for in the market. At the same time the treasury is show- ing the proper spirit in ngt trying to weaken the price. There is favorable promise that a considerable slico of the surplus may be disposed of in this way. Eerm——————— Ir seems that the fault of Indian Com- missioner Atkins was insubordination, and that it was o thisground bis resig- nation was asked. It is not unlikely, however, that this is but one reason of soveral for desiring the retiroment of the commissioner. It has been pretty generally understood for some time that he was not giving the attention to the business of the office which it was his duty to give, and that Upshur was run- ping matters about as he pleased, and not in the most efficient and satisfactory manner, At all events it is doubtless a fact that Mr. Atkins has been giving rather more attention to politics in his own interest than was proper,and doubt- . loss the Indian bureau will not lose in eficiency by reason of his retirement. Unneceseary Bulogy. Senator Voorhees, of Indiana, ocou- pled the time of the senate on Wednes- day with a eulogium of McClellan and Hancock. The president’s tariff mos- sage was to have been the subject of the senator’s remarks, but the day of the stump speech is approaching, and the senate chamber has recently af- forded several exampies of that style of oratory, about equally divided between the two parties. On the occasion in question Mr. Voorhees appears to have devoted just enough attention to the tariff to enable him to find a title for the speech, and to have then gone into a defense of the democratic party as the triend of the soldier, proceeding thence by easy course toa defense of the mem- ories of McClellan and Hancock., The excuso for this was the alleged attack upon the loyalty and patriotism of these distinguished soldiers by Senator In- galls, in a speech he made in the senate some time ago. It would be a waste of time to enter upon extended argument by way of re- futing the claim of the Indiana senator that the democratic party has been more generous toward the soldiers of the union than has the republican party. Such a claim is so palpably and brazenly absurd as to refute itself. Democratic votes have certainly been recorded in favor of pensions to union soldiers, and there are a few exceptional instances of democrats who have talked with evident sincerity in behalf of pensions. But the world knows that as a party the democracy has never heartily favored the pension pol- icy as advocated and developed by the republicans, and that every important piece of pension legislation which has been enacted originated with republi- cans, The record on this is so clear that it is surprising a democratic sena- tor of the character of Mr. Voorhees would publicly set up a claim that im- plied anything differont. The really vital matter, however, in the speech of the Indiana senator, as it is to be presumed he regarded it, is his defense of the memories of McClellan and Hancock. He had evidently de- voted a great deal of care to this portion of his remarks. It was historical, vig- orous, and in parts eloquent. The best known names among the great soldiers of the world were referred to for pur- poses of comparison, and in all cases without detriment to the American gen- erals. Mr. Voorhees felt a good deal of pridesin going on record in this matter in the best possible light, and 1t must be said that he acquitted himself credita- bly. But really to what purpose? No greater injustice could be done the dead soldiers than to imply, as their demo- cratic defenders are doing, that their character as loyal and patriotic men is in danger. There 1s not the slightest reason for any such presumption. Opin- ions differ, and always will, regarding their relative merits as generals. The ardent admirers of McClellan especially will always find many to disagree with their estimate of his ability. Still fewer question the pre - eminent qualifications of Hancock as a com- mander. But nobody whose opinion is worthy of consideration entertains the smallest doubt that they were entirely loyal and sincerely patriotic soldiers. History has made up their record, and it will stand for all time to attest their character as able and gallant defenders of the union, ‘We do not believe that record will gain in value by any supplements that may be made to it by democrats like Mr. Voorhees and Mr. Blackburn, and their defense of the characters of Me- Clellan and Hancock is not only unne¢- essary, because they are entirely safe, but it is an indiseretion which no con- sideration of possible political advan- tage—the only conceivable motive— can justify, r— Defending the Surplus. The salient feature of the speech of Mr. Browne, of Indiana, in the house on Wednesday, was the statement that he was not the least frightened at the plethoric condition of the treasury. It was an evidence, he said, of the national prosperity, and the accumulating reve- nue might bhe made the occasion for doing much for the people’s benefit. Under the control of wise statesmanship the surplus would be anational blessing. But in view of the fact that it is not under such control it would be safer to reduce it than to run the hazard of ill-advised expenditures, therefore Mr. Browne was anxious to have a revision of the tariff that will re- duce the revenues to the lowest limit of national wants. There is probably in no other country a public man, having any concern for the value of his opinion or for his polit- ical future, who would dare to say a word in defense of a policy which has locked up in the national treasury be- tween fifty and sixty millions of dollars taken from the resources of the peo- ple, and is steadily increasing the horde. Inall European countries the efforts of statesmen are directed to holding the revenues down to the needs of government, and the idea of cre- ating a surplus as a “national blessing™ or an evidence of national prosperity would not be tolerated for a moment. That notion is purely American, and if the example and experience of other natious are of any value they prove the notion to be a most delusive one. But to the mind of Mr. Browne, of Indiana, the surplus has peculiar charms, and among them he finds that haviug been gathered without oppression or com- plaint it bears evidenco to the justice of the protective system. His only rea- son for desiring to put a stop to its fur- ther accumulation is the danger that under unwise statesmanship it might be used in ill-advisod expenditures, It is to be feared there are far too many men in congress who agree with the views of the Indiana representative regurding the surplus. Long devotion to the policy which is responsible for this anomalous condition, unparalleled in the history of any other country, has firmly rooted in their minds the obvious fallacy that because the people go on paying annually to the government many millions wove than sre required for ite suppors, and disaster does not follow, it is evidence of nutional ypros- perity,- Not. only shat,. . Hut evi- dence - also of . the justive of the policy thgt wrings this ex- cess from the resources of the people. Noone will guestion that the country has prospered, but what rational man will doubt that its prosperity would have been greater, atleast during the past ten years, if its farmers and wage onrners had been relieved of the exoess of taxation represented in the treasury accumulations of these yoars? There is another side to the account between the governmeht and the people which those who defend the existing fiscal policy ap- pear indisposed to look at. That is the vast sum which the farmers of the country have paid in mortgage interest in order that they might pay the ex- cessive tax on everything they use de- manded by the government and as tribute to the manufacturers. TLabor also has its account in *the re- duced value of its carnings resulting from this excessive tax. It is necessary to a just and intelligent conclusion that both sides of the account shall be fairly and carefully examined. But there could hardly be a more ab- surd assumption than thatof saying that because a government can drain its people of their resources, and lock up the proceeds in excess of its needs, it is evidence of national prosperity, and it is a most reckless sort of states- manship which says that the results of such a policy might under any circum- stances become a ndtional blessing. A great surplus in the treasury, steadily growing, is a wrong to the people in withholding from them money which they should have for em- ployment in their industries and enterprises, and it is a source of danger to wise, careful and economical government. Having it, the duty is to dispose of it with reference to the greatest advantage to the government and the people. But the paramount consideration is to relieve vhe people of the excessive taxation from which a surplus is created, and this can be done with “the greatest good to the greatest number” by a fair and liberal revision of the tariff, MR, MIARLES FRANCIS Asg <l as been re-elected president ot tne Union Pacific. Mr. Adams anuounces that he contemplates a conservutive course with reference to new construction. In other words, M¢. Adams proposes to continue the do-nothing policy. Such a policy would be successful in the face of the sharp competition which the Union Pa- cificis now, and henceforth will be obliged to meet. While the company may not be ina condition to con- struct extensions and branch lines this season it must, as a matter of self-preservation, improve its term- inal facilities, which have been s0 long neglected at Omaha. The cramped quarters for handling freight, and the wretched accommodations for the travelling public, cost the Union Pacific thousands of dollars annually. This state of affairs cannot be put up with much longer, even with the pres- ent volume of business. BosToN and New York fire insurance companies have recently been increas- ing their rates for the reason that tele- graph and electric wires strung on roofs and polls have increased the risks. Another consideration not hitherto con- sidered an important question is that the strain on a roof with wires swayed through a space of 150 or 200 feet is from ten to twenty-five tons, and the constant tension is sufficient to impair any roof. The telegraph, telephone and electric nuisance is one which Omaha will in its turn be called upon to remedy. Insurance companies, prop- perty owners, telegraph and telephone companies are all interested in putting the wires under ground. It would be just as well, therefore that the city council begin to discuss plans to over- come the evil, and that before win- ter all wires be strung in conduits. s of the population of the United States will be the contennial census of 1800. The first census was taken in 1790 and at that timé it was es- timated that the whole population num- bered about four millions, TIn 1880 it was over fifty millions, and the census of 1890 will show a population of between sixty-five and seventy millions. At this rate of increase the population of this country will turn its one hundred millions about the r 1900, But no- body need dread that event on the score of being crowded. There is enough land in the state of Nebraska to accom- modate twenty-five or thirty millions without the least inconvenience. —— TIE next ce Tre special committee appointed by the board of trade to examine into the Chautauqua project of Council Bluffs has presented a most satisfactory report. Omaha will join hands with her sister y in organizing the assembly., There is no longer any doubt of that. As a business investment the $30,000 or $40,000 stock which our citizens are asked to take is a mere bagatelle in compa with the benefits to be derived. s0n A SUBSTANTIAL victory has been won by the people of Nebraska in the deci- sion of the supreme court in the case of the State vs. the Atchison & Nebraska railrond congolidation. The railroad monopolists have not received such a black eye for many a day, and the, rul- ings of the judges will have o wide ap- plication, — I'ne BEE wants to see the labor parade Monday night, a grand success. That Lias been its position from the outset and the monopoly organs can make no cap- ital with intelligent workmen by mis- representation. STATE AND TERRITORY. Nebraska Jottings. Mastings will have fourtcen saloons this year, Ulysses has completed the wells for her waterworlks system. Central City expects to have water worls in operation by July 1. The soiled doves of Columbus will be told to move on by the mayor. Tecumseh has organized an electrie company with a capital stocl of §101,000. Graad Island, by a unanimous vote of the board, gets the Baptist university. The Ulysses creamery is .running again end finds a sale for all its product, Prof, Thrasher is the suggestive name of the gentleman whoteaches the young idea at Edgar. § The druggist of the city coul pay an occupati A meeting of Beatrioco, by an order 1, are compelled to tax of 825, Republican Valley editorial associalin will be ocalled for May. An excusion will follow, The union lat rty to meet at Lin- coln May 2, wfl{ %we o large attend- ance from throughout the state. The editor of the Nemaha City Ad- vertiser was wh d recently by a man who called to the editor and found him in, Plattsmouth is making preparations for Decoration dny. It is t,}:ought. Hon. John C. Cowin, v{Omuhn, will deliver the address, ‘“Harvey the Kid" was the euphoni- ous name of a young man admitted to the practice of law in Greeley county, by Judge Tiffany. Milo Savage, who drives an expross wagon at Beatrice, attempted to tele- scope a passing Union Pacific train, It was a signal failure. An Uncle Tom’s Cabin company is in- structing residents of the state in the classic drama and holding the mirror up to nature rather late in the season. Peter Moran, a Custer county man, thirty-six years of age, was torn to pieces by a horse known in that part of the state as the “Man BEater.” A haif dozen men have been killed'by the vie- ious beast. S. H. H. Clark has visited Nobraska City and proposes to commenco at once to build his street car line from the Missouri Pacific depot to the court house. This will be an improvement over the Herdic line. A Plattsmouth paper earnestly main- tains that a horse attached to a wagon took fright at a scab engineer result- ing in serious wounds to the driver of said equine, and loudly insists that the B. & M. put screens to the sides of their engines, Steele papers yot claim that persons from Iowa and Missouri are bringing glandered horsesinto the state to be ad for by the live stock commission. { the papers will report the factsto the live stock commission at Lincoln they will be amply rewarded. H. A. Miles, an employe of the B. & M. at Plattsmouth, is, according to a Pupcr of that town, Miles away. He oft tenacious creditors whose vulgar clamorings seemed to disturb the peace of mind that belonged to him. His wife feels certain that he will return or at least send for her, The prisoners confined 1n the county juil at Kearney, during the absence of he jailer sought to amuse themselves by a general free-for-all fight, which was indulged in by all present. One of the pugillsts was “so unfortunate as to lose o new set of teeth which he had re- cently purchased. A local dentist re- placed the loss at the county’s expense. A Gothenburgipaper reports the loss of a valuable citizen, one George C. Sherman. The drrect cause leading to the removal of tha:gentleman isthus re- corded: “Sherman has been in the loan business and Sullivan applied to him for a$400 loan on his farm. The papers were madesout and in due time Sullivan obtained his loan, but he has a mortgage on o for $600 instead of $400 for which he appliek and obtained, Sherman, of course, pocketing the dif- ference.” Cock fighting i§'the sporting fad in Keokuk. 2 There are 3,600 ‘school children en- rolled in Sioux City. Joe Lovely of Sioux City laid his arm on a circular saw and lost'an arm. Fowler’s packing house will commence business in Sioux City the 1st of May. A prairie fire near Sioux City recently burned six head of horses for W. H.’ Sh After the 1st of May it will be a penitentiary offense to start a prairie fire. The Crystal Lakers had the dog fish pretty well seined out of their waters on their game preserve, but the last overtlow 1s likely to fill the place with new ones. The Chicago, Burlington & Quincy will proceed with the erection of its fine passenger station and office building at Ottumwa this season. The foundation is already in place. The people of Burlington are begin- ning to grow weary of asking why the gamblers are allowed to carry on their business without any sort of interfer- ence from the authorities. The Cedar Rapids artesian wcl ¢35 down 1,560 fect, the drill pecking u viy in very hard flint rock. When this is passed sand stone is anticipated again and it is hoped u big flow of water will be struck. The original corn world, Sic Ci for King Corn « and from his throne rule the world, commencing September 24 and continuing until October 6, palace city of the ty, will build a’ palace Coloradc rbor day in cries for more fire steamers, Pueblo is to build a new board of trade building costing #30,000. The Citizens’ Committee of One Hun dred, organized at Leadville, is a terror to evil doers, Commodore Henry D. Elwes, a prom- inent ranchman near Saguache, died suddenly Tuesday. Idaho Springs has taken on a spring boom and several public improvements are already under way. Albert Beller, a miner at George- town, met with an accident that will perhaps prove fatal, on the 24th, The enrollment at the college at Fort Collins this year is 109, a greater num- ber than has been enrolled any previous year. 4 In about a year f'om now Denver will place o loan of vety nearly 81,000,000 1o B pended in street paving and other improvements. Sterling offers inducements for a ci- gar manufactory, creamery, cracker, cheese, candy and other factories, a can- nery and flour mill,, The effect of the strikes in Denver cause a temporary ull in building oper- ations. It isthought a compromise with the bricklayers and builders will be reached. % The criminal cox this week fn Pueblo sentenced prisoners as follows: ““Benton, forgery, bwo years; Hill, as- sault with intenk to kill, eighteen months; Seffron, hu{glm'y, three years; Johnson, robbery, three years.” On June 13, 14 and 15 afloral and fruit exhibition will be given in the Mammoth rink in Denver. The object will be to make an exhibit of the fruitsand flowers of Colorado, the Gulf states and tropical countries, The number of new producing mines that will be added to the list of Colo- rado’s shippers this year promises to be very large. A great deal of activity is displayed in all portions of the state which can scarcely fail to result in the opening of extensive new ore bodies. Great preparations are going on at Aspen for the Durant-Aspen mining suit thut comes off in Denver in May. ‘Phe trial begins on the 20th and will last at leasta month. The report was current that a compromite Wwas soon 0 bo offected, but the men most intorestod on either side indignantly deny it A Colorado Impor sayst Thero will more corn planted this yonr in Colo+ rado than has ever yet been planted. In a fow years corn will bo one of the leading dependencies of the Colorado farmer. Its cultivation up to the pros- ent thme has not been practiced to any firent extent, but as the state sottles it as become quite evident that corn can be raised with profit and advantage to the tiller of the soil. e ORETE'S CHAUTAUQUA. President Foss Tells About the Coming Assembly. Considering tho bad state of the weather 1ast night there was a good attendance at the reception tendered Hon. ¥\, I. Foss, president of the Crete Chautauqua assembly, at the Y. M. O, A. rooms. Tho affair was ploasant and informal, there being no set speeches, but rather general convorsation and an inter- change of views on affairs pertaining to Ne- braska’'s Chautauqua. Mr, Foss gave a synopsis of the work planned for tho assem- bly this summer and predicted that tho gath- ering would bo a greater success than ever before. He believed that the agitation of the rroject for forming an assembly at Council Bluffs was awakening more general interest in Qmaha in the Chautauqua idea than ever before, and that the success of the movement would not prove detrimental to the Crete assembly. It was his belief that the two organizations could work hand in hand ‘without the least conflict. Kvery yoar since the Creto assembly had been in = existonce the expenses connected with the programmo of the meeting had been doubled, and while last year the cost was $3,500, this year it would amount to over §10,000, The agsembly is to be opened June 28 by Colonel Bain, of Kentucky, the famous wm‘ligrlmw orator,and he will be followed by Dr. T. Dewit Talmage, ‘who will conduct the meetings for three days. Among the other attractions for the assembly that have been secured are the following per- sons of national reputation: Dr. J. L. Hul- burt, principal, and Prof. R. S. Holmes, reg- istrar of the Chautauqua university; Colonel Robert Cowder, Dr. J. F. Duryea, Rev. A. E. Winship, Mrs, M. G. Kennedy of Phila- delphia, Prof. H. R. Palmer, Miss Lillian Hamilton and the Stewart Wilberforce con- cert company. Rev. J. B. Ensign is making arrangements for another meeting at the Y. M. C. A. rooms in about two weeks, at which Mr. Foss will be present, ——— SEVEN SELECTED. Names of Those Whom Third Ward Democrats Will Vote For. Despite the juicy state of the weather the braves of the Third ward turned out in strong numbers and through the liberality of the man who conducts the shooting gallery on North Eleventh street, they were per- mitted to ‘‘get out of the wet” by taking refuge between and under the canvas siding and roofing. The two great sachems, Pat Ford and Julius Meyer, were on hand and circulated among the braves with their faces suffused with fascinating smiles and each wearing ‘“‘biled” shirts. Pat’s emerald out- shone Julius' diamond in winning popular favor, and while the latter looked on to see that nothing ‘*‘cut and dried” was forced down the throats of the voters, the former did the talking and captured the ‘*‘corcus’ by getting Judge Reed in as chairman and Sgndy Forbes as_sceretary. Sandy talliod the minutes of the meeting on his watch chain, and upon the suggestion of Mr. Ford, Messrs, Dick Burdish, H. E. Parrish and Colonel Forbes were appointed a committee of three to select seven names to he voted for next Saturday between the hours of noon and seven in the evening to attend the demo- cratic county convention, with a limit of fif- teen minutes to perform their arduous duties. ‘While the trio wrestled with their work the braves adjourned to a neighboring saloon and irrigated until the committee returned with the seven candidates, all of whom wero acceptable to those concerned. They are George Canfield, Patrick Ford, Dick Bur- dish, Henry Parrish, A. H. Forbes, Adam Snyder and Ed Rothery. e, FORT OMAHA NEW:! A LESSON IN LOVE. The Fort Omaha Dramatic association en- tertamed quite & large audience in the garrison theatre Wednesday evening. A larger attendance of ‘town people” were present than ‘was expected. The piay, entitled “A Lesson in Love,” was a pronounced success, All those taking part were noticeably at home on the stage, had clear conceptions of their respective characters, and delineated the same in a manner highly approved of, even by the most critical eye. The music by the Second Infantry or- chestra, as usual, was sclected with much te. The cast of characters: Captamn Freeman — Lieutenant Kinzie, Orlando Middlemarch—Licutcnant C. W. Rowell. Bablebrook, (nicknamed paper”) —Licutenant J. S. Mallory. Mrs. Sutherland (a' charming widow)— Mrs. F. Wheaton. i ia Winterberry (a susceptible utenant W, M. Wright. lic (her nicce)—Mrs, J. S. John the “News- Mallory, PRIVATE HUGHES WORSE. There was a sudden change for the worse ¢ in the condition of Private James who was recently accidentally shot during drill, and fears are entertained that he will not 4 ‘ELL FORTY FEET. Private Conrad Fricke, a membe pany C, while assisting in the decoration of all yesterday, fell from a ladder 1, a distance of forty feot, and ved serious injuri of Com- A Half Holiday. The following wholesale and jobbers houses have agreed to close their places of business at 2 o'clock Saturday afternoons, beginning next Saturda Cord, Brady & Co., Pax er, Sloane & Jolinson, ' Me, , Allen Bros, Kilpatrick & Koch company, n & & Smit A Notions—Vineyard & Schneider, J. T. Rob- inson company. jds—2. T. Lindsey. W. L. Parrotte & Co. —~Kirkendall, Jones & Co., W. V. Morse & Co., A. T, Austin. rugs—Richardson Drug company, Blake, Bruce & Co. This arrangement will hold good until Sep- tember 15, A Sensible Recommendation, Inasmuch as the city council has set down on the promiscuous shooting of untagged dogs in the streets, Chief Seavey will rec ommend the establishment of a dog pound. This pound, the chief will recommend, to be located on the river's bank and to be com- posed of three departments, and disposed of according to their duation. First the dogs are to be penned up in compartment No. 10n the first day, No. 2 on the second, No. 8 on the third, At the expiration of this period they are to be suffocated and dumped into the river. This will give the owners of dogs & chance to redeem them if they $0 desire. Military Keception to Governor. The reception by the Edward Creighton Guard N. N, G., to Hon. John M. Thayer, governor of Nebraska and commander-in chief of the National guard will take place this evening at Exposition hall, the review and drill of the company beginning promptly at9o'clock. The governor and his entire staff will be present. The military uniforms of army officers, the elaborate draping of flags and floral decorations and the exquisite music of the Second Hegiment Unit Infantry band, will muke the scene dazaling brilliancy and the eujoyments of the occasion complete. R A Tailor Shop Sold, Charles Schmitzberger, proprietor of @ merchant tailor's establishment on South Fifteceth stre has transferred the same to Phullip Weiudheim for $2,800 to secure the payment of a note of $1,000, giveir by the former, The bill of sale-was filed with the county vlerk yesterduy, THEY FORFEIT THEIR LEASE. The Supreme Court Deoldes the Atohison & Nebraska Case. GREAT VICTORY FOR THE STATE. An Order Entered Declaring the Loase With the Burlington Foffeited— Final Action On the Franchise Deferred Until July. LrxcoLs BureAv or tag Oyara Bes, 1020 P StrERT, LiNcotN, April 98, The decision in the case brought by the at- torney goneral against the consolidation of the Atchison & Nebraska road with the B. & M. was handed down to-day. Tho de- ion is by Judge Maxwell and it is the most important in the history of the struggle against corporations in the annals of the state. It goes farther than the friends of the case dared hope in defining the illegal and unconstitutional acts of the roads in destroy- ing competition and swallowing up independ- ent and competing lines. The decision is upon the demurrer that tho case did not cite sufficient cause of action, but the argument was largely of a character covering all the pomts and the decision comes with full weight accordingly. As will bo scen by the opinion it now declares the lease with the B, & M. forfeited and only postpones the day in which to declare the franchise of the road forfeited until July 1, taat the rogular pro- ceedings by answer may be heard. Nothing in years has caused more discussion in legal and business circles than tho decision in this case when it became known in the city to-day, and aside from those whose existence is in har- mony with the corporations the feeling is one of gratitude that the law has been defined and that a limit is laid down by the court of last resort which even the corporations can- not cross. Attorney General Leese and his assistaut in the case, Mr. C. G. Dawes, were the subjects of numerous congratulations over thesuccessful decision gained, the com- plete decision being given below,. The syllabi of the case is as follows: 1. In a proceeding by quo warranto against a corporation to forfeit its franchises and oust it from the same for misuser thereof, the corporation is the only necessary party defendant. In casc ot forfeiture the court will take the necessary steps to protect the rights of other parties in the premises. 2. Scction 89 of chapter 16 of the compiled statutes authorizes the consolidation of two lines of railway only in cases where the two roads when so consolidated will form a con- tinuous line, without break of gauge or inter- ruption. 3. Section 04, chapter 16, of the compiled statutes authorizes the leasing of a railroad constructed by another company, only in cases where the road of the lessee and of tho company making the lease will form a con- tinuous line. 4. The Atchison & Nebraska railroad, ex- tending from Atchison, Kansas, to Lincoln, Nebraska, was completed to Lincoln in 1871, and leased to the B. & M. railroad in 1850. Held, That it did not form a continuous line with the B. & M. railroad, and was not within the provisions of the statute authoriz- ing the making of a lease, and that such lease was unauthorized. The mention in the statute of continuous or connected lines ex- cludes all, others, 5. The powers of a corporation organized under legislative statutes are such, and such only, as the statutes confer. The charter of a corporation is the measure of its powers, and the enumeration of these powers implies the exclusion of all others. 6. Where a railroad company, without au- thority of law, leases its road to another railway company with allits rights, property and franchises, for a long period of time, it thereby abandons the operation of its road and is subject to forfeiture. 7. Section 3, article XI of the constitution prohibits any railroad corporation from con- solidating its stock, property, franchises or earnings, in whole or in part, with any other railroad corporation owning a parallel or competing line. The word consolidate is used in ". e constitution in the sense of join or unite. 8. Section 5, article XI of the constitution prohibits the issuing by a railway corpora- tion of stocks or bonds. except for the con- sideration actually received. One of the ob- jects of this provision is to enable the public to ascertain the actual cost of such railway in the state and to enablo the legislature to pass laws fixing an equitable rate of taxation and for the transportation of persons and property, so that justice may be done alike to the railway company, the public and pri- vate individuals, ‘The following 18 the opinfon in full follow- ing the recital of the petition upon which the case was brought : The exhibits attached to the petition and made a part of it show that on the 24th of May, 1867, certain residents of the Atchison, Kan., organized a corpx under the laws of that state for the purpose of constructing a railroad from some point in the city of Atchison to some point on the north line of the state of Kansas not further W than twenty-five miles from the Mis- length of said railroad not to miles. The capital stock of was fixed at $100,000. In April, hison, Lincoln & Columbus road company was organized under the laws of the state of Nebraska. “The object and purpose of this com- pany are to construct, maintain and operate a railroad with si e tracks, and with all nec nces, bridges, warehouses, el station houses and such other appurtenances as may be thought necessary or convenient, extending from a oint on the southern lineof the state of !\'t'l)ruuka where the Atchison & Nebraska railroad crosses said state line, northward and westward through the counties of Rich- ardson, Pawnee, Gage, Johnson, Lancaster, Seward and Butler, by way of Liucoln to the town of Columbus on the Union Pacific rail- road, with a branch road running westward through the counties of Richardson, Pawnee, Johuson, Gage, Jeflerson and Saline, to the west line of the state.” The capital stock was taxed at the sum of & X). In August, 15871, the Atchison & rond company, and Atchi- son, Liucoln & Columbus railrg mpany were consolidated under the lawsof this state, the first article of consolidation being as follows: “The Atchison & Ncbraska railroad com. pany, a corporation organized und existing under the laws of the states of Kansas and Nebraska, has constructed and now in op- eration its railroad from Atchison north- y to the state line between Kansas raska, and the said Atchison, Lin- umbus railroad company, a corpor- anized and existing under the laws of the state of Nebraska, is authorized by virtue of said laws and its charter to con- struct, maintain and operate a point on the state line be Nebraska, to which the Atchison & Nebraska railroad is constructed, by way of Lincoln to Columbus, a point on the Union Pacific railroad in said state of Ne- braska, and wlso & certain branch of said railroad named in the articles of incor- poration, Aud whereas, the roads as now constructed and authorized to be located and completed in said states of Kansas and Ne- braska, under their respective chartors and the laws of said states, form a contin- uous line extending from Atchison to Lincoln thence to Columbus, and are authorized )y the laws of said states of Kansas and Nebraska to consolidate their stock and property with each other, ete.” The articles of consolidation are set out at length, the iuu«*n-k of the company bewg fixed at 000,000, the 82,000, The defendant demurs to the petition upon two grounds 1. That there is a defect of parties defend- ant. 2. That the facts stated in the information are not suflicient to entitle the state o the relief prayed for agaiust the defendant. The rule is well settled that in & proc ing in quo warranto to dissolve a corporation or declare a forfeitute of its charter or to oust it from the exercise of franchises which it usurps, it must be agaiust the corporation itself, and not merely against its individual wembers. If the corporation has, by the abuse or tne . non-use of s fran- chises, remdered itself liable to the forfeitures of its charter, such for- feiture cun properly be declared and en- only rymeefllng\o ‘which thy cor Eornu«n IIIFI y, (Stato vs Tnylo'g}l 0, ., 330, Pooplo va Bank of Hudson, 6 Cower 8it.) In tho latter ease, t{.o ocourt eays: ‘It is objected, in the first place, that the infor- mation being against the dofo?d nts by their corporato name, is bad, To this mns b8 ane swerod : Tho information is morely descrip- tive. It is not an affirmation that the de- fendants aro a corporation, but that, by the name of the president, djrectors and com. pany of the Bank of Hudson, or uflnf that name, thoy have done the acts in the infor- mation alleged. And it then calls on them to answer by what authority., Besides, the statute authorizes procoodings 'g:'"" tho corporation, Tho judgmont must be against the corporate name. A* corporation created by the lemislature may loso its franchises by o misuser or a nonuser of them. They may be resumed by the government under g judg- ment upon & quo warranto, to ascortain and onforce the forfeiture, (9 Cranch 31,) Tho judgment to be given is a judgment of seizure :‘l'll ch produces a dissolution of the corpora- on,” As the proceeding s directed against tho corporation itself for misuser and nonuserof its corporate franchises, it is tho onl{ nocos- v party defendant in the caso. If, how- ever, the court should find it nocessary to ronder a judgment of oustor against the do- fendant and vacate and sot aside its charter the rights and bona fide claims of all parties against the defendant will be protected. The flrifl,‘gl'ouud of demurrer therefore, is over- ruled, 2. Section 80 of chapter 16 of the compile statutes, provides “Whenever the lines o railroad of anyrailroad companies in this state or any portion of such lines have boon or may bo constructed 8o a8 to admit tho pas- sugo of burden or passenger oars ovor any two or more such roads ocontinuously, with- out break of gauge or interruption, such companics are hereby authorized to consoli- dato themselves into a single _corporation, in the manner following: The divectors of tho said two or more corporations may entor into an agreemont under the corporate seal of oach, for tho consolidae tion of the said two or more corporations, prescribing the terms and conditions thercofy the mode of carrying the same into effect, the name of the new corporation, the numbor of directors thercof, which shall not b loss than seven, the time and place of holding the first election of directors, the number of shares of capital stock in the new corpora- tion, the amount of oach share, the manner of converting the shares of capital stock in oach of BAldtWO or MOr corporatious into shares in such new corporation, the m " of compensating stock holders in each of said 1Wo or more corporations who rofuse to con- vert their stock into stock of such new cor- poration, with such other dotails us thoy shall decm necessary to perfect such con- solidation of said corporations, and such new corporations shall possess all the powers, rights and franchises conferred upon such said two or more corporations, aud shall be subject to all tho restrictions and perform all the duties im- posed by the provisions of this subdivision 3 provided, that all stockholders in either of such corporations shall be paid the market value of said stock at the date of such con- solidation.” This is section 18 of an act Snssm\ by the territorial legislature entitled: “An act to create and regulate railroad companios,” ap- proved Fobruary 8, 1864; and is scction 89 of chapter 25 of the revised statutes of 1866, The act including this provision was copied substantially from the statute of Ohio of 1854, ‘“relating to railroad companies.” (2 Cirwen 1050.) The construction of this section was before the supreme court of Ohio in state vs Vanderbilt, 87 O. S., 500, where it was held that the word "('nnununuslf'," in the section above quoted, was a restriction upon the power to consolidate, and that this right existed only where the lines, when consolidated, would form oune continuous line over which freight and passengers might be camried without transfer, and that it did not apply to roads which when united would not form a continuous line, The court snys: ‘‘The attorney general says and the record supports the statement that these roads ave ‘for sixty miles lying parallel and near to each other.’ That they are, indeed, in the largest sense Enmllcl and competing railroads, seems to bo oyond dispute, and it may be fairly inferred from the record that a leading object in mak- ing the consolidation, was 0 destroy nmz competition. That boing true, tho lines of these roads are not, in wmy judgment, ‘so constructed as to admit the passage of bur- den or passenger cars over two or more of such roads continuously,’ within the proper meaning of section 3370. That the mere physical ability to pass cars from one road to the other satisfies the statute, is a_construc- tion of it which is wholly inadmissible, for the provision requiring = such connection would be without meaning. In imposing that restriction upon consolidation, the legisiatura intended, not merely that the physical fact should exist, but that such cousolidation should only be made for the very purpose of passing freight and passengers over both Fie o) a0jub MAtAFIAL vt tosreafiuot necessarily in a direct _or straight line, but continuously.” % * * ¢Consolidation for the transportation of freight and passengers continuously, is a thing which the legislaturo might well desire to encourage, as it may bo advantageous alike to the public and the companics. But corporations have power only as granted by the general assembly, and where companies situated as these are, being parallel and competing, claim that authority to consolidate has been granted to them, they must be able to point to words in the statuto which admit of no other reasonable construc- tion, for it will not bo assumed that the making power bas authorized the cred a monopoly so detrimental to the public terest. 1But the statute contaws no such s decision, in our v states the law correctly, and the statute only authorizes the consolidation of two lines of railway whero the lines thus consoliduted will form one continuous railrond. As the Atclison & Nebraska railroad and tho Atchi- son, Lincoln & Columbus ~ rail- road when consolidated, would for one continuous line, the statute authorized such consolidation. That part of the line, however, in Nebraska is held, by said comn* pany as & Nebraska corporation, whilo that in lansas is held us a Kausas corporation der the laws of that state, Scction 94, chapter 16, of the compiled stat- utes, provid “Any railroad company 'tofore or hercafter incorporated may, at me, by means of subscription to the capi tal stock of any other company, or otherwise, aid such compiny in the construction of its railroad, for the purpose of forming a con- nection of said last mentioned rond with the road owned by the company furnishing such id; or any railroad compaiy existing in pur- o of law, wmay leusé or pu or all of uny railrond constructed by any company if said company’s lines of said road are continuous or connected as afore- said upon such terms and conditi as may bo agr on betw cowpanies respectively, or any ailroad companies whose lin sted, way entor into an arran, their common benefit, cons and calculated to promote the object for which they are created; provided, that no such aid shall be furnished nor any purchase, lease or arrangement perfected until a meet: ing of the stockholders of cach of said com- panics shall have boen callod by the direct- ors thereof, ut such time and place and in manner as they shall designate, and the holders of ut least two-thirds of the stock of such company represented at such meeyndg, either in porson o by prox , and voting thioroat, shall have asseried theroto. 1t will be observed that the authority of one company 1o aid another in the comstruc- tion of its railroad is for the purpose of mak- ing counection between the two roads, That is, the two roads when connected must form a continuous line, It will also be observed that the right of any company to lease or purchase any part or all of any railroad con- structed by another company is limited to cases where the purchasing ‘company’s line and the road purchased are coutinu- ous or connected. If the lin purchased or leased does no orm & counected or continuous line with tho road owned by the company purchasing or leasing the same, there 18 no power given by statute to cither make a lease of said rallway or hold under the same. This was the state of the law in 1871, and when these companics were organized and cousolidated, and the statute has remained in that form until the present time, Section 2, article 2, chapter 72 of the com- piled statutes provides: **That 1t shall be competent and lawful for any railroad com- pany, beretofore incorporated or orgenized, or which may be hereafter incorporated or organized under the laws of an adjoining state, and which shall have extended its rail- road into this state, or have become a corporas tion of this state under the laws thereof, to wortgage, lease or sell that part of its railroad, sud the property rights, privileges and frauchises connefl.&d Ahhfm':.'l“h' situa! 4 in this state to wuy reilread in this stete, an the railroad sompany wuking such purchuse 486 ANy