Omaha Daily Bee Newspaper, April 16, 1890, Page 4

’ BEE, WEDN SDAY APRIL 16, 1890 THE We print elsewhere in full the opinion of Justice Brad of the United States supreme court, concurred in by Justices Giny and Lamar, dissenting from the m of the court in the Minnesota It is worthy thecareful attention | IE DAILY BE E. ROBEWATER, Editor, VERY MORNING, PUBLISHED TERME OF SUBSCRIPTION. Dally and Sunday, One Yenr Kl momtie Three months #10 00 0 0 cases. of all interested in the important ques- Eundny Hec, One ¥ % | tion involved as a clear and strong argu- | Weekly Bee, One ¥ 3 y ] | OFFICHS, ment in support of the right of a legisia- | Omaha, The Bee Building ture, or of u body created by the legisla- | K, Oma Corner N and Xth Stroets, e b i | ture, to fix rates of transportation, and ry ""”-"u‘«'.fimmu in denial of the proposition maintained in the decision of the court, that the question of the reasonablenessof the rate of charge for transportation is under all cireumstances a question for judicial in- vestigation, requiring due process of law’ Counell Blufrs, Chiengo Offiec New York, Rooms 14 and Washington, 513 1c CORR All communications editorinl matter should be Lditorial Départment. SPONDENCE relating to news and addressod 1o the All s it fav:1t6 | Ll 1 o, The basic proposition of this dissent- | Pang, nde payablo to'the omler of the Com= | 1,y oninion i, that a rdllroad chartered by the stato bocomes an agent of the The Bee Publishing Company, Proprietors. | The Bee 1V1ding, Tarnam and Seventeenth Sts, The stato for the performance of a duty | which belongs to the state itself, | namely, that of furnishing publie ac- commodation and providing means of r noees- | outof the following fs the rate of pos of THe B, intercommunication between one part of | its territovy and another. It is d volved | papor 4§ sents | upon the legislative department to | FATEMENT braskit of Dong B, Tz Publishing Conp: thit the for the w Io: nd if instead of the 15, which it might do wislative department commissions pri parties to perform the duty, it is the prevogative of that department to fix the faves and freights which such private rties, whethe corporations or individuals, shall charge for their On the same prin- out this duty building its rai if it saw fit, the CIRCULATION, Ol EWOoRN 1 ry of The Beo inly swear DALY BEw asas fol- 1800, ending April 12, INES vices, 0 \I”Il 10.... 20,0403 brduy, April 110000 o8 | ciple that a legislature may fix the tolls SAEIAY ADRL 12 | to bo paid by thiose who use n rosd or Avetnge 20.710 | canal it may fix chavges for transpor- o 0 betor i an 3[;}:(' Lo n ny | tation by a company chartered to carry presenco this 12t day of April, A, D, 150, blic transportation. preser pil, D 10, sublie transportation The opinion holds that the question of a reasonable charge #s pre-cminently [ @ legislative one, involving considera- | Notary Publie. Etate of Ny County ¢ ng duly sworn, de 18 secretary of tions of policy as well as of remunera- shing ny, thit act . e , daf tation of Tie DALy tion. When the legislature fixes a max- | Toh gmouth Apeil; 1e0 0 ¢ | imum of charges the courts cannot inter- | July, T (8K o | fere if this maximum is not exc »41.-.1,1‘ Rt hle: " | andit is only wheve: the legislature 100 cople iber., [K4), | | mevely declaros that rates shall be 1 bt oples: for 1copiesi for Mareh, 150, GronGr 1. Sworn o hefore me and subscri presence Gis sth day of April, A. 1 asonable, where what is re: topen, that the colirts have jurisdi tion of the subject. It is the prevoga- tive of the legislature to declare what the | reasonable, but if it fails to exercise this right, leaving the matter to be deter- mined by the common law rule, then only does the question of a vensonable e become one for judicial inve tig tion. The final tribunal of arbitrament, 0815 copice, | 1 asonable is | SOHTCK v in 1800, ry Publie ¢ democrats have vindieated famous precinet thivty-four in Butte, but | the accounts fall to state how much the “hig four™ paid for the vindication. A KANSAS community sharply draws the color line by refusing a color 1 pupil | ¢ the dissenting just s the legis- | admission to the public schools. Shades | lnture, unless the law makes the que | of Ossawntomie Brown, whither are we | tion a judicial one by simply prescribing that chs shall be reasonable and leaving it there. It being the vight of the legislature to fix rates, the dissent- ing justices sec no good reason why it might not delegate the duty to s board of commissioners: The opinion drifting? —— CANDIDA ave ulready in the field for the seat made vacant by the death of Sam Randall. The vacancy in the dem- ocratic party will continue long after his successor is chosen, —_— THE white lead and linseed ol trusts are about to pool interests and inflate | their combined capital to one hundred and twenty million doliars, of the infant industries that is appealing for increased tariff duties, i a strong and logical assertion of the right of the states to swulate transportation charges, and is distinetly in line with previous deci of the supreme court involving | question, The constitution of N provides that “the legislature may from ions | this time fo time pass laws establishing rea- | THEY are paying from two to three | I"j"“““'j"""” K ';' Gichi g }‘"l' dollars fiat money for one dollar in | Lo i L L L L T in Biuzil and Avgentine. Both coun. | Peight on the duTerent railroads in the | tries demandod “increased civeulation” Doubtiess alike provision is in the | R G ReaN T aa 1 S a | utions of inost or all of the states | AEedeu fhekas minH inerycouldi 73k e Gk 0 given the legistature | turn it out. Now the main trouble is to | - 2 bely Splaepletel A (o s | is, how rendered only provisional | g i by the decision of the United States su- | T move the barh wire trust plunge | Preme court, which i effect makes tho . ‘of | judiciary the flnal avbiter in the regula- | into court the decper ave the barbs of | JY ) Y 1 g defeat driven into the vitals of the com- | 0N Of faves and freights of railvonds and | bine. Four divisions of United States | the charges of other public accommoda- | courts have pronounced the Glidden | Hons. It is hurdly possible that this as- patents invalid, yet the trust continues | SUmption of authority on the part of the | judiciary will he acc and permunent pre pted as a settled | to coerce and blackmail its rivals, \ e, Forr SipNE + Neb.,and Fort Bridgor, Wyo., are wmong the number of military posts (o b abandoned this year. The concentration of the Indians and the re- duction of reservations have complotely altered the conditions which formerly requived an extensive chain of posts on the fronticr A SPIRIT OF CONC The disposition manife silver men in congress to effect a com- promise of their conflicting views is the most promising fact in the situation re- ported for some time. The free coina advocates have been the aggressive ele- ment, and it would scem that they hay finally scen the wisdom of accepting leg- islation which would give the silver in- terest all it ean possibly get except the profits of coinag The dispatches veport that the basis of the agreement reached is the Windom bill as amended by the house committee on coinage, with a few additional pro- visions desived by the extreme sily men. This measure provides for fi coinage whenever the market prico of | silver shall veach one dollar for thy 10N, ted among the Tue Beatvice Democrat, alves ly one of the brightest little dailies in Ne- braska, evidently contemplates further improvement and has passed from a private concern to a covporation, Dr. Marvin will continue in editorial contre and advocate democracy and the speed ring in opposition to republicanism and o v men equipped place o1 »oare as in the sta well | Robert W, for a the world’s fuir commission, wnas hundred and seventy-one and one-quarter His experionco as managor of the Ne- | gyaing, 1If the wticipations of the | braska exhibit at Now Ovleans, and his J silver men ave verified this prico | abors as secretary of the stato | would be soon” reached after the | | | griculture, eminently qualify him for the duties of a position wheve he can render invaluable service to the state and nation, —— It is as much as life is worth in Okla- homa to carry about the person anythin bearing the monetary stamp of the gov- crnment. The country is overrun with “thieves and crooks, robberies are com- mon in bill went into effect. The senate silver committee want the notes issued against { silver bullion 1 *mable in bullion or lawful money. This is opposed by the secretary of the treasury, who thinks the notes should be redeemed only in bul- | | lion. The senate committee also pro- poses to allow national banks to issue notes to the par value of their bonds de- posited to seeure civeulation and to ro- 1 wlight and darkness, and the | jouse the hundred million dollars business of . mound building is progress- | wed in the treasury for the re- ng rapidly in tho cometorios. A scoro | gemption of 1 vy notes. The prop- | of active, oxperionced viglluntes could | ggition regarding tho hasks wil, ] D o sty duys! work i that section | 41y anequnter serlous. objection. md | on to themselves and profit with satisfac the advisability of releasing the coin to the countr | held to redeem the legal tender notes will be questioned. | However, the really im 1t matter is for the silver men of both houses to agreo upon a plan which they will all stand by, and for which the “support of | the president is ussured, and then with as little delay possible the measure, There no sound reason | why this question should be a sonvce of | prolonged ugitation and conflict. The | promiso of eavly action appears move | favorable than at any time since con- | gross assemblod. Tue Hon, Jesse Spalding has mado | some wonderful discoveries duving his | pilgrima over the Union Pacitic at the | expense of that road. With the zeal and enthusiusim of a born explorer, Lo hastens to relieve the suspense of the public by | publishing an exhaustive veport of his .observations through the plate glass windows of a drawing room car. It not necessary that Mr. Spalding should see everything, A vipe imagination couplod with aliberal stock of saccharine, malkes up the deficit, pass DEAvI dealt soverely with mem- bers of the presont congress, Five dem- ocrats and four vepublicans have heen called honce. Of this number three were men of superior mould, distin- | guished for honesty, ability and states- manship of high order. In the demise | of Cox, Kelly and Randall the nation has lost three of her most gifted and There will probably be no general sup- | prise at the decision of the supreme | court of the United states in the Neagle case, allivming the judgment of the cuit court of California in vel Neagle, under habeas corpus proceed- ings, from the custody of the sheriff, It nerally expected that the court would hold that it was the duty of the government to provide protection for Justice Field in view of the fact that hislife had been threatened by a man | kuown to be of such desperate charac- ‘! HE NEAGLE DECISION, | | sing was patriotio sons, whose lifo and labors ave of political selfish- privat as beacons in a sea ness, and models of public and roctitute for this and coming tions to emulute, | bystander, | held, and particutar | the ratio in Chi | saloons,” | the best puved city in the union for it | Commerce ter that his threat could not be safely fgnored, and that the officor charged with guarding the person of the justice was properly authorized to do what he did. ~ Public opinion very generally adopted this view at the timo of the killing of Terry. But as to whether Neagle should be acquitted by federal authority or answer for his act in the state courts there was diversity of opinion, and this will not be changed by the decision of the supreme court, The court holds that Justico Field, whon trayeling to per- form the duty imposed upon him by law, was justas much in the discharge of that duty as while sitting in the court and trying cases, Chief Justice Fuller and Justice Lamar, in their dissenting opinion, say that they think there was nothing whatever in the fact of Justice 1d’s ofticial character in the transac- tion, and therefore the United States courts have no jurisdietion in the prem- ises, The dissenting judges say that on the showing of the facts the personal protection of Judge Field, even to the death of Terry, was right the duty of Neagle or any other but that he was an- swerable for the exercise of that right or duty to the courts of California and to them alone, The decision of the court holds that the act was done in pursuance of the lawsof the United States and with proper authority, and that the federal circuit court was as competent as any other tribunal to gscertain this, so that there was no occasion for any furthe trial in a state court and no necessity for empaneling a jury to ascertain whether the act was in pursuance of the federal laws and under proper author There may never oceur another case similar to this, and perhaps there is no danger to he apprehended from this decision, but it must be con- fessed that it takes a latitude which conservative judgment must hesitato to approve. It is conceivable that this case might become a very trouble- some precedent, for the principle enunc ated in the decision of the court m be made appl ficial when engaged, actually or con- structively, in the performance of his duty. The argument of the court is co tainly ingenious and the position taken will doubtless be very generally ap- proved, because the sentiment is univer- sul in favor of properly protecting ofticers of the government, and particu- lurly the judiciary. But that the de- cision reaches beyond the legitimate ble to any government of- powers and rights of the government, and assumes a fedeval prevogative for which there is nowhere any wareant, we do not doubt can e s weeessfully main- tained. THE reception given General RussellA. Alger, commander-in-chief of the Grand Army of the Republic, in Omaha, at- tested the popular regard in which ho is the esteem of the old soldiers. Nebraska is a soldier state, having in proportion to population move men who served in the union armies than perhaps any other state, and represent- veterans were unusually numerous [ in Omaha yesterday, many of whom paid their ~vespects. to their distin- guished com and commander. Among the s of the army Geners r made @ most honor- able record, and no man has shown a heartier or more steadfast interest in the welfare of the old soldies He sequently holds o very high place in their respect and confidence, and every- where is reccived by them with the ut- most cordiality. His tour has so far | been a serics of most enjoyable meet- ings with the veterans, and of . evidences of popular respect, and no- where has he been received with groater cordiality than in Omuha, CoMPARING the Chicago of 1861 with Omaha of today the Chicago Tribune does Omaha an injustice by quoting from the assessed valuation of property to prove that the city has but seven dol- lars and seventy cents worth of property for ey dollar of indebtedness, while 110 in 1861 was o frac- tion over fifteen to one. The system of assessing property in Omaha and Ne- braska is ponsible for the misleading figures which are being quoted to the de- triment of the city and state. The sessed valuation of Omaha for 1890 is about twenty million dollars, or one-tenth of its actual value, A sample of this outrageous system of essment s was refused for a Sixteenth street corner lot which is assessed fov tax pur- at the insignificant sum of cight thousand dollars, Notwithstanding the fuct that eight million dollavs were in- *din building improvements in 1589, there is an actual decrease in the total ssessed valuation compared with the figures of the previous year. The truth poses | is that the actual value of Omaha prop- erty is not less than two hundred mil- lions, — A PROHIBITION organ in the interior of Towa exhibits an appalling densit of ignovance in asserting that Omaha is one of the worst cities in the country for streets and sidewalks,” even though it has “high license and plenty of The truth is that Omaha is size, having fifty-one miles of paved streets and four hundred ke High license has no connection with the street “im- provement the money derived from thy source into the going school fund. It has, however, given miles of side- Omaha the best system of regulated li- | quor traftic. It hus placed the business under vigid police contvol, It has given the city law and order and revenue er against outlawry, free whisky and h tuxes in the cities and towns of Towa, — 'l‘u; efforts of the railway magnates to “get together” only result, it would seem, in driving them farther apart, It was expected that the agreement so car vn by Chairman Walker for reorganization of the Interstate ilway association would certainly effect that object, but it was found impossible to induce certain of the roads that had thrown off the tlon yoke to put it on again. Since then the matter has been discussed in all its phases, and another meeting was held in Chics yesterduy to consider the associn. and | question of weorganization, but the ve. ports do nn”uJin-uln that the desired ult s any nearer than at any time since it was first talked of, A—— AL statistics collocted by the census bureau relatlvd to population, wealth and debt will be the basis for all commercial | directories forithe next ten yenrs, It is important, therefore, that state and local authorities should aid the bureau in securing " mccurate information, Schedules it been forwarded to every county for e purpose of - securing offi- clal statistied 6 wealth, debt and taxa- tion, which will be given a place in the eleventh census, The trifling cost in- volved in complying with the request is overbalanced by the benefits resulting from an official financial record in what will be the reference book of the nation, n——— THE eflorts of the local medical asso- ciation to induce the national medical | congress to meet in Omaha deserve the cordinl co-operation of all profes- | sional and business men. The fact that Omaba is a healthier city than a major- ity of the bousted health resorts is a | strong argument in its favor. The nd- vantages of a congress of twenty-five | | hundred members should not be lost for | the trifling sum necessary to receive and entertain them T'HE board of trade junket will cost the members one hundred dollavs each. | Thix money could be more advantage- ously used in making the nucleus of a fund to stimulate manufacturing enter- prises. JUDGE GROFF puts & quietus on the isionary scheme of transfusion to the South Platte and loading him with gubernatorial and senatorial honovs, e Secretary Proctor's Plan. Chicago News. Secretary Proctor wants to add an Tndian iment to the urmy, Doubtless the secre- tary has been impressed by the martial bear- ing of the various wooden tobacco signs of | his acquuintance, s i = Don't Apply to Privates, St Lawis Globe-Demoerat. of self-control” is the mild definition given by General Schofield to the offense of Licutenant Ste But when a private soldicr ventures to resist official | | tyranny they call it a grave erime and send him to prison. (5 lo = | The Snub to Salish New York World, The effort of Lord Salisbury, premier of England, to entor the Casino at Monte Carlo without a ticket s ludicrous in its aspect is not apparvent. buke he deserved. et o2 - A Leading Crime Center Bufalo Couri Buffalo just, now leads the procession in minal matters. Kemmler, n Buffalo mur- is the first cuse under the ele Press club the fisst under the new treaty. The treaty went into effe What Roused Boston. Krnsas City Times, | | New England could stind the tax on hides, but when it was proposed to put a tariff on beans a how! went up from Boston that echoed in thunder tones throngh the rridors of the national capital. Over a hundred years ago | } W England was willing to tlght against a | tax on aless populur commodity than beans. | STATE AND TERRITORY. Nebreaska Jottings. | Aurora is sure to havean operu house this | season. | Benkelman wants an agricultural imple- ment house, R Twenty hundred head of Te. cattle | | awe to be shipped into Chappell, The Frontier county teachers' association will meet at Stockville May 2 and 3., Whitney boasts of the only Catholic church building in Dawes county ouside of Chadron. ic annual ministevial mecting of the Chadron district will be held at Valentine May 6, 7 und S, There will be a contest of gentlemey’ roadsters at the association grouuds at Co dova early in July, J. Brenner, a Union Pacific hrakeman, 1y injured in a wreek at Columbus afreight teain breaking in two, Mhe “Johnstown Horror,” a Shickley cliag 15 been foreed o 'skip the country rotton exging a fellow citizen, The furmess of western Shervidan e the number of 200 have put up $10° apiec ercet a grain clevator at Hay Springs. Mis. Dickey, matron of the Franklin | aeademy, was” found dead in bed Sunday evening,” She had been in good health il day and attended church in the morning, Mrs. Chris Grover of Valley, who recently ave birth to a son, has become insanc and it | will probubly be necessary to confine her to an ylum, E. E 3rown has became the owner of the 1 Al Tribune again by foreclosing o mort- gago ou the plaat, and Brown & Moore are out, Two boys were bitten by mad dogs at Beaver City tue other d They have been treated with a madstone and no ‘bad results are anticipated, Nuckolls county will be a veritable flax field | the coming year s the Havdy Herald, If the crop wid price” are fair another season look out for diamonds down this wuy. ‘There are 168,850 acres of improved land in Custer county, a or an average of res of unimproved 5, or an | assessed ay 3 2 of 112 por acre. Pather O'Reilly, now stationed at | West Point, hus been appointed pastor of the | Catholic churches at Albion and Fullerton Father Halvenburg of Louisville, Ky, will | take up the work at West Poiut. The I Iman Republican tells this: | ports from Tuesday*s storm say th | evorything made ol was lie | | with clectricity, “Jennie Reumal hold of u kuob'on' a stove dc Hen yers of Hiawatha s who, in picking ing severe shock. | up a picce of fone ceived u shock that nearly prost Several other instances “are e re persons, in touching metal, were quickly admonished by | elegtricity to release their hold. 1 lowa Items, ‘ There ave fifteen byanch alliances in Clay | county, | A well is being pat down at Algona to " furnish the city with water, | The contract fordilding the new Franklin | county court house has been lot for $11,200. Bert Alger was shot and instantly killed by his brother while hunting ducks near Ruthi- veu, | B member of the Pocahontas county grand ‘ Jury paid 810 and costs for being drunk and | disorderly. | e S R S IR R | moval of the Milwaukee round houses and | shops from Sauborn to Everly, | Over oue hundred ministers will attend the seting of the state synod of the Dutch Re- formed church in Orange City in May At the conference of the ter Day Saints at Lamoni it was decided to build a college, und a committee of soven was appointed to | recoive bids for location. | Rev. Georgo Erb, pastor of the Grace Re- | formed church at Wilton, Muscatine county, | was deb d from the church and forced 1o | leave town, under threat of an application of farand foathers, for foreibly kissing n re- spectablo young will A Kingsley woman left her husband the other day, tiking with her a span of mules, The bereaved husband offers a reward of $10 for the return of the mules, The new law for the protection of fish in If\\\'ul\\'nh'w is now in force and tho profes- siona to the taking of any bass, any other game fish bety May 11, in any manner whateve and suckers can be taken at any any way, ‘The farmers of Johnson county do not fin- tend to submit to the extortions of the twine trust, and are making a move pike, eroppi en November time and in out home indust meeting of the v at the same time. A larga farmers of the county was held at Towa City the other day, when a com- mittee was appointed to take definito action in the establishment of a co-operative twine fuctory at that place A par Harper's Perry day found unde and by its side a blood-stained knifo, was made for the remainder o it could not be found. the fdenti composed beyond 1 the head was severed latter thrown into the river A curious accident was wi Alton citizens the other day. They were r moving some furniture in place to § came up. quite high in the bolt of lightning stddenly steuck the b and it fell to the ground the some brush a hiiman skull, ognition, Chey had notic d of the injured wing, the bird ously hurt, and was captured al of the Démocrat. A small boy’s desive fd costing threc lives at Ida G ago. The boy attempted to climb along an iron shaft extending to the wheelhouse of the ¢d his hold and fell into In an instant he was sucked under mill, when he miss the river. by the eddics ab the dam. helpless position W. J seething current and sef Seeing the boy's ing the child at- tempted to get him ushore, but was us help- less in the swift current as the child, and both went und his cont, plunged in and was up with t when the two came up. Seizing the be two men struggled to re the cross currents and edd ful and all were sucked und 3 this time Frank Hilliard secured a pole and hing it to them w third time was cnabled The boy was nearly life active work for twenty minutes to v ens of Ida Grove are loud in the o pull them ashore. s and it required praise of the munly courage of the two gen- tlemen who so nobly risked their lives, Tke Coast and Northwest, Twenty ladies voted at the school election in Anacouda, Mont. Over 38,000 worth of postage stamps were sold last year at Boise City, Idaho. Butte's new electrie light compuny has commenced business with 600 Lam ps. Over #,000,00 worth of real chunged hands in Seattle since January Aunt Peggy Barne Petaluma, Ci aid to be 105 years old. An athletic association has been organized 1. at Helena, Mont., with a capital stock of 6,000, The ground on which Helena, Mont. built yiclded 30,000,000 in gold when it mined, The 300 Chine Aungeles have formed a trust to e vegetable dealers at An artesian well on Charles Smith's farm | constantly throwing near Anaheim, Cal., ull tish. cernor clamation de as Arbor day. Butte is making a heroic effort to r, fund for the maintenance. of . buschall t in th this season, ald that the shervifi's office in De 1 other populous Montana count ),000 annu; oria gouts houp of Tdaho has is: gmating Monday swned by M were sheared hied 195 pounds, The loss of cattie on Snake ri been greatly exaggerated. Competent jullzos suy it will not exceed 20 per cont. A twelve-year-old Spokane Lover the falls the other duy on i raft which he bad constructed and was dashed to death, Hunters ave slaughtering deer for, s near Lake Chelan, Wash, The déc poor and the suow is so deep they slaughtered by the wholesale with clubs. The cards announcing the funeralof the 1ye Geovge Hunimond of - Phillipsburg bore this cnrious legend: “The pioneer, like the Indian and buffulo, must go. Requicscat in' peace.’ Captain George, the leading chief of the Piutes, died at Pavadise valley, Nevada, re- cently. He has ever been the unflinchi friend of the whites, and was quict and pe able. Ed Calvert of Race Trac Three Au thier of Drain, Ove, whose flecee heir re are , Deer Lodge county, Montana, owns a cow that last we dropp a perfect jack head. Mr. Calvert says if the ¢ S believes the head will t 1y White, The fall of snow this w in the range just south of Anacond has been ex- coedingly heavy serman gulen has measured cach fall during the winter and it figures up seventeen feet and four inchos, The famons old California mine of district, in me of the lea proy la county, is agai to the front, and bids fair to ior v 1 a gold produc mine is to be w *d on an extensive scale, Patron of the theater are hot over the way performances there are intorrupted by the s and peanut fiey It is raths he least, toa sentim passiee, Just s the heroine gusps out, tol chance! Usher Ch went up to nd Lew Fergerson lust woeek rinity lukes, twelve males from this town, and brought over 100 pounds of fine mountain trout, which they readily sold at 50 cents per pound, says the Rocky Bar (Iduho) Bulletin. -~ After shoveling ten or twelve feet of show and cutting through several foet of ice, they were kept busy hook- ing the speckled beauties until they had cured all they wished to pack on their backs. From information from the most reliable sources from varvious parts of Monta it ap that the live stocl mdustry is in a very tlourishing condition, The during th past winte all, und among native run; Iy anything at All the I river, ‘I almost intac ter than ever The spring is opening up fine, and the chances for immense shipments of beef cattle during the ve ble. summer and full 4 The Lewis School Bequest, Cucado, April 15, [Special Tug Bre.] - Hugh White, one of the trustee. of the Lewis school bequest, regarding wh inquiry was made from Omaha, said the delay in estublishing the school was due solely to the difficulty in procuring a suitable site. “That at Union and Randolph str o, said he here are only | ageand a depth of 160 feet,” We than likely sell that property and | The fund has amouuted to $400,000 for u y As 5001 U8 We get u proper site we will by ground. In two or three weeks we will kiow something definite. [Mrs. vton, the Omaha lady who wrote to Chicago concorning the iustitute, is the principal of the Castellar street school. Hor ohly .J.).-«n in making the inquiry was to uscertain if the school hud been started, us she wished to take @ special course there with he ud is surpri sult of her lette ed at the re- — - The Squadron in Europe. [Copyright 15 by James Gordon Bennett,) Conry, April 15.—[New York Herald Ca ble—Special to Tie B Atlanta and Boston suiled yesterduy for Messing, whe they will go into dock t be cle d have their bottoms painted The Chicago and Yorktown will sail tomorrow for Malta. Indy of his flock ngainst her fisherman must be on his guard and not violate its provisions. A penalty attaches or 1 and Bullheads to procuro their binding twine at lower prices and help while in the woods near Allamalkee county, the other Search the body, but There is 1o clug as to of the victim, the head being de- 1t is thought from the body and the nessed by two @ wagon from that oux Center when a thunderstorm 1 un eagle flying y and while watching it a “The shock knocked team to the ground and jarred them up considerably, buta few minutss afterward they found the eagle Iying on the ground, its left wing almost torn off. * With the exception | s not seri- e and taken to Alton, where it was presented to the editor fish came very near ve a fow days Scott plunged into the the ch the shore, but u they came up the iscitate estate has a colored woman at Los control the o a pro- the 28t fust., | Is boy was | v owill | i of Fixed Charges, Dissenting Opinion of Just Who Holds That the Sta latures Alone Have T Power. The following is tho dissentir Justico Bradley, concurred in Gray and Lamar, from the de United States supreme court in sota cases @ supnE The Chicago, Milwankee company., pl i in Minnesota ex rel, the house commission of the to the suprenme St. | Ve »urt of ex el the slon of” the stut the supreme o sota. Mr. Just agreo to the decision of the court 1t practically overrules Munn v United States 113) and_the cases that were decided The governing prin rt of the road company is chartered it is of pertorming a dut ite itself. 1t is chartered of the state for furnishing public tion. The state might build it it saw it It s and its prerogative to provid intercommunication between one tervitory and another. And this volved iipon the legislative de the legislature commissions wheth tions or indiy form this duty, it s its prerog hits which they When 1 canal is to be constructed, lature to fix the tolls to be po se it; when 4 comp to build a road. but to portation upon it, it is for the fix the charizes for such transpos But it is said that sonable, and that none but and it is urged th by the legislature ges in the charter of the If this maximum is not. e courts can not interfere. not thus determined they ave left cretion of the company, * subject press or implied condition that ti reasonable; express, when so | statute; implicd by the comn ute is silent t by virtueof the logislutive Thus the legislatur | at rates whic s that they ouly in the Litter case, wsonable s left open, that the jurisd ature decly sonable, or, w ichis the the matter th ul to the court whether the charges y ud ot till then, is | auestion. the logislature T 1it i its prerogative, if it » wh differ trom in ¢ prevail and leav | sort may it, to dec This i$ just where | ity of the court, ng the ru cial, by prese and le shail be rea It is a authority it scems to me, with all due def; tudgment of my brethren, it has The assertion of jurisdic court makes it the duty of every eral jurisdiction, state or federil, complaints against the decisious of commi ¢ 8lall Courts Determine the Reaso B COURT OF THE UNITED STATES Bradley dissenting: at the same tin ple of those cases was duals, to 1 by those who rtered not only | arry on_ public tran legislature to | 11 charges should ber sonablc ds, if its hands ave not tied When the rates declared b, cither fixes the el here what allows the common law rule to that ut of the judic A LEGISLATIVE PREROGATIVE ableness A QUESTION OF TRANSPORTATION. Beadley, te Legis- hat g opinion of by Justices ision of the the Minno- il rall the state nd Wa o Minne f the stat 1y compa [ . In te of Minn I cannot in this case, rs Tllinois (4 ul railroad that the regulation and settlement of the s of railvouds and other public accommo- dations is a legislative prerogative and not a | il one. This is a principle which I re- of great imp Witen a rail for the pur- which belongs to | s an agent accommoda- its railroads its duty e means of part of its duty is de- rtiment. 1f partic ation, harges hat what is a > chargo s a judicial_question, On ¥, it is pre-ciminently a_legislative one, involving considerations of policy as well is usually determine: fixing a ‘maximum of | company, or by ‘con- xeeeded the are to the dis- to the Loy shall ex- be wi n law, \d the common Liw has | they will, h it deems reasonable, ormerely | powers thi I be reasonable, and it | tive br is courts ha When ses shall thing, Yoot to . then re- S 10 inquire san ure re ita judicial | is the right, | 5 1o e is reasonable, the majo if not in [ '.',‘:-_1 “”“illln-“}r“lt‘ !HI":"""“} [Copyright 1890 by James Gordon Bennett.] e re m_\“‘l‘.“‘_‘““m'm‘ Viessa, April 15.—[New York Horald ® | d islature ov ‘the law, | Cable—Special to Tug Bee] A profound (which is the same thing), has made it jud isation has been caused in society civeles by It is ulways a delicate thing for to muke an issue with the lesislative | ment of nt, and the; | never do ble to avoid " it the decis made we declare, in ¢ that the judiciury, and not the I the final arbiter in the of fares and freights of s of other publie | umption of v which, \ce to the no right to ion by this ourt of to enter O the bo ners appointed by the states to accordance with due process of law In creating | such a board, and fnvesting it with the powers firquestion mplained that the d o final and without appeal rcisions of the courts in mattors e Jurisdiction. There must be n tribunal somewhere for deciding ever tion in the world. Injustico may take place in all tribunals, Al hum; stitutions are mperfect—courts as well as commissions islatures, Whatever triby fons of the So are within final ques f L [ lusive Lappeal is given therefrom. The i ant question always is, what is the lawf tribunal for the particular'case! Tn wy jud ment, in the present case, the proper tHbu. 1 Was €1 1gIaanTe, o Hio boarial o s sioners which it ereated for the purposc |1 not in terms, yot i effect, - the pro o treated as it the constitutional pr n was, that no state shall take privato property for public use without fust compen | sation—aud as if it was onr duty to Juage of the compensation. But thero is Mo such clause in the constitution of the Unitod States. The Afth amendment s probibitory upon the federal government onty, und not upon the state governuments. In this mat Just compensation for property takoes public use—the states make theit own istitution or otherwise. They il required by the foderal i constitution to provide — “due o \ | cess of law.)’ It was alloged fn Davidson vs New Orleans, thut the property | assessed was not benefitted by the lmpr Vo | t: but we held that that was a mattey | with which we wonld not interfere; th i question was, whether there was due process | of law. (96 U. 8, 106.) If u state court ven ders an unjust judgment we cannot rem | edy it. I do not mean to say that the legis its oustituted board of commiss| other legislative agency, may not so deprive parties of their property out due process of law. Th tion contemplates the possibility an - invasion ehts, But, | within theiv jurisdietion, (as in these they have done,) the invasion should be clear and unmistakable to bring the case within Nothing of the kind exists in fore us. The legislature, i shing the ¢ did not exc mmission, in acting upon ases, did not exceed its jurisdiction, and s not chargeable with fraudulent behavior. There was merely a difference of judgment, as to amount, between the commission tn | the companies, without any fudication or in tent on the part of the f to do iy justice. The board may have err b ture, or nors, or ct as to with constitu- of si they did, as the matter was within their - vightful furisdiction, their dec and ive unless their pre ngs could be sached for fraud. - Deprivation of property by mere arbitrary power on the part of the legislature, or fraud on the part of the issi s the only grounds on which reliefl may be sought against their tion. Th i i . . | merely u regulation s to the enj f operty, made by a strietly compétent au- 1w matter entively within its juris- | dictio 1t may be that our legislatures are invested with tod much power, open as they are, to in | fluences so dangerous to the interests of indi | viduals, corporations and society. But such s the constitution of our republican form of government: and we are bound to abide by it | until it can be correctod in u legitimate way. 1T ourlegislaturd ne too arbiteary in the | exer of powers, the péople | ways have nedy i their hands: may at an, time restrain | them by constititional limitations ) in invested with the to the legishi- | But so long as they ren ordinarily belon of government, they are entitled | 0 excreise those powers, amongst which, in | my judgment, is that of the regulation of vai | voads and other public 15 of inter munication, and the burdens and o those who own them are author upon the publi un authorized to suy nd Mr. Justice Laniar issenting opinion, 1800, 1RED 4 Lo . Justice th me March 24, DEC] DTHRIFT. A Guardian Appointed £ High Nobility of Vi na. fal court gazette Charle autin wmnouncement in th ing that Pring | dort, the celebrated turfuian and crack | shot, so well known for his exploits, s been judicially ¢ 1 aspendthrift and placed imder the uship of hns unele, The prinee is_forty-fiy st es ' prov- His income is estimated The prince always had o e stable and in his betting Lby fortune and is understood to large sums. Lust December ho club in one evening at bac- 0,000 flovins. — He then bought u large of options in spring wl 1 reals, which going down caused a 000,000, and in - fact he could not the promptness which tho ~ March ¢ losss of 15 have settled with regulate their railvoads: for”all courts ave | exchangze demands had not his brother-ine bound by tho consitution of the United | law, Markgraf Pallavieiui, come gencrously ; States, the sume as we are. Our jurisdiction | o I istance. He is a most popular meni- 18 merely appellate, s ber high nobility, and his misfortuncs The incongruity of this position will appear | are generally regretied, inctly by a reference to the nature of the — ses under consideration. The question pie. Fort Leavenworth Notes. cuted before the commission in each casc Forr Leaveswonrtn, Kun., April 15 “iu‘s‘nn“ l" “1 l"ll;lfi'hl\'-!llll:’l : "1;'" "2 | [Special to T Ber.|—Second Licuten of the rates charged by the compunics—a | R SEBARONG e & question of more or less.” Inthe one case the | W- . Buldwin, Seventi cavalry, has been company charged 3 conts a gallon for ing | #rauted four months' leave of absence, mille between cevtain points, The commission | Pivst Licutenant John H. Peshine, Phir deemed this to be nnreasonable, and veduced | 4, wntry, has been granted a loave of the charge to 2 nts. In the other case the | for two months, compuny charged ; per car for handling | al McCooks, post commander, has is ind switching ompty cars over its lincs | gued the following ¢ “iHereafter, com hin the city of Minneapolis, and £1 | manders of mounted organizations will see loaded curs; und t that their horses do not travel the roads bor S1.00 per car was g it 18 mot The companies complain that the chig fixed by the commission aveunreasonably Colonel B. Sanford, and they ave deprived of their property Malor F e out due process of law, that the; arth infantry; C Waoodrnir, to a trial by a court and jury, md artillory; O Sanno, Sey barred by the decisions of ‘a log ) infantry: Captain i) mission. The state corps of engincers, and i lature had tho vight to establish sucha com- | jaibe SR cnappointed to e; mission, and that its determinations ar | aminestadent oMcers the iu fantry and iuding and fiual, und that the courts cannot | o001 w them, Phis court now reverses t | at the fort, as well as Chape ion, and holds the contravy. In my judg- | Y s in the city, Jneut the state court was right, and the éstan- | upa greatly pleased thut. the ordor remoying lishment of the commission, und its proceed- | iy from the military prison to Fort, Assini | ings, no violation of the constitutional | b, Mont., has becn revoked and that. tho probibition ugainst depriving persons of their | yoyerend gontioman will sty property withaut due process of law. | Captain Charles A. Coolidge, Seventh in- L think it is perf nd well scttlod | autrly, hus been Frantod twelte duya Loy by the decisions of t hat the legis- | of uhueneo ature wmight have fix tion. | “ipje following order has been promulgated It it had dowo so it would have done it | from post headquarters: At gallory practics through the uid of committees appointed o | und on the range, commandeis oiomre. o investigute the subject, to tequire informu- | o will soe. that’ e in tho host tion, to cite pavtics, to get ull the facts hefore | cautoen five aud retur, as practiciblo them and finally to decide and report q ono could huve siid that this not due pro- | aptain J, welfth infuntry, coss of law, And if tho loglslature itselt | pogfloon” oraered o veport b oot i could do this, acting by it it and | worth for examination before an exa ing proceedi it o the I formadopted | oty by such bodies, 1 can see no good reason why it | meral Merritt has selected the Houser it not deloguto the duty to o board” of | houge, cornor of Chestnitt and Broudway, St ) commissioners, chureed, s board in this | Tous’ ‘a tho headquartors for tho ' danao b case was, 1o rogulate and fix the char > | ment"of the Missoutl, The romoval takis as 10 be cqual and reasonable, onrd | place in a foy weoks. would have at its command all t ans of | N = o < YD Al Sanestatning S ke Brazil's Premium on Gold - of fares and freights, which a TTha D ommitteo has. It might, or it | BUENOS Avirs, April 15, The premium on not. swear witnesses and examine | Kold today Its duties being of an udministea- | = ] cliar \ It would have the widest | scope fol exumination aud inquivy. All means | OMAHA of knowledge und information would be at | - x its command - just s they would be ut the | LOAN AND TRUST ymand of the legislature which created it Such a body, though not court, is u proper | COMPANY. tribunal for the duties imposed 1pon it Subsaribel/& (L4 cantaad Oa it In the case of Davidson vs City of New Or LH L Amaad Caplial leans (W U. 8. 07), we decided” that the g Bivaand eolla atooks tud hondss 5 pointment of & board of wssessors for asse commercinl pay pives. il exoestos ing duma not ouly due process of law, | trusts; aots as Lransfer agent anil triiston o but the proper method” for ma wments to distribute the burden mongst those who ave bene s for priety of boar. taxution, or fi sewers, und the lik SSessing | o of commi * questions the constituticnality or pro king assess of “u public cfitted by it woperty for | the improvement of strects, ssions o es tablish county seats, and for doing many other ings appertaiving to the “adwinistrative management of pub- | | lie affairs. Due process of law does not always require a court. It mer requives such tribunals and proceedi are proper to the subject in hand. In the railroad com mission cases (116 U. 8, 807,) we held that a board of commissioner & proper tribunal for determiniug the proper rates of fure and freight the railroads of 4 ate, It seemy to e, therefore, that the law of Minnesota did not prescribe unything that was not in | OmahaLoan & TrustCo corporations; tikes char lects tuxes 2ot property; cols SAVINGS BANK S. E. Cor. 16th and Douglas Sts, "uld In Capital # 50.00) cribed and Guiirantoed Capital - 100,00) ity of Stockholde X000) O Per Cent Interest Pald on Deposits, IANK LANGE, Cashler OMcors: A U, Wy wn, vica Directiin; A U. Wy 3. Brown, Gty - arion. 1 W Nash, 4 Kluball 10 B Lk ns any & Farm Property. un it Low ©sl Fules CUsronb