Omaha Daily Bee Newspaper, April 20, 1892, Page 4

THE DAILY E ROSEWATE BEE . Epiton PUBLISHED EVERY MORNING. " OFFICIAL PAPER OF THE OITY TERMS OF SUBSCRIPTION. Jaily Bee (without Sunday) One Year....8 8 #0 Aily and Sunday, One Y oar. 10 00 E1xM onths ... “ 3.4 Three Months, . | §- Eunduy Hee, Ono Year. | 000 200 wnmln\ ee, Ono Year. 15 eckly Bee, One Year. 10 OF FICES, nalie, The ee Building. B e, corner N nnd onth Strosta. ri Streot. 7 Chamber of Commeres. 17, 14and 15, Tribune Bullding ‘ourtoenth Streot. New York, Roc Washington, 513 CORRESPONDENCE . All communications relating to news and djtorial matter ahould be addressed tc the ditorial partment BUSTNESS LETTERS All husiness letters and romittances shonld teaddressed to The lee Publishing Company., Onaha. Drafs. checks and postofice orders 10 be made payable to the order of the ¢o pany. ke Bep Publishing Comoany. Proprictor e SWORN STATEM CIROULATION Btate of Nebraska, ) County of Dougla: George I, Trachuck, socretary of The Beo publishing company. does selemnlv swear Wt the actual eiroulation of THE DALY Bre for the week ending April 16, 1802, was as fol Jows: Sunday. April 10.... Monday, April 110277000 i Tuesdny, April 131117 Wednesday, April 13,700,000 Thursday. April 14 § Friday, April 15,0 Baturday. April 16,00 \ reiiiien 24,450 JORGE B, TZSCHUCK. &worn 1o beforo me and subscribed in my presonce this 16th day of April, A. D, 1802, SEAL. N, P FEIL. Notary Public Average...... = - = Average Circulation for March ronage is building up home Lot the good work go on. v, ARBOR da HoME pi Industries. ¢ will be well celebrated if two trees aro planted at every school in Omaha. Tue modus vivendi has been prac- tically agreed upon and grim visnged war hides his uely head asif thoroughly nshamed of himself. I¥ A sanitary inspector is ‘‘utter! useless” as charged by the commissioner of health why should he be merely sus- pended? An ‘“‘utterly useless” ofticer should be discharged. THE investment of $400,000 in subur- ban lands largely owned by non-resi dents, cunnot help Omuha workmen to nsingle duy’s work, or put into their pockets one dollar in wage —e SENATOR GORMAN'S ill health comes at an opportune time. He can retire gracefully from the democratic national committee with this excuso and nurse his promising presidential boomlet. littlo Mi. MA 'S motion to appoint a committee of three to revort a plan for beautifying the school grounds of the city was very properly adopted. The committee should include in its plans the painting of every brick school build- ing in Omuha. I1 15 stated that Senator Hill will lny his presidential cloak around the shouldors of Calvin S. Brice when the campaign becomes too hot to make it useful to himself. Without flattery it may bo remarked that the garment is a perfect tit for Brice. CHEYENNE will probably accept $100,000 for a public building at the hands of congress on the principle that emull favors are thankfully received, but $100,000 is too small a sum to erecta respectable federal structure in so promising a young city. 'HE sitting members of the Board of Fire and Police Commissioners have filed their answer 1n the supreme court, and 8o the contest moves leisurely mlong. It will probably be settled by the time Governor Boyd steps out of tho executive office into private life, ILECTRICITY is already used to some oxtent in propelling farm machinery and in propogating plants in foreign countries, Senator Peffer’s resolution asking for information concorning ap- plied electricity will, however, evolve no new fucts that are not already within tho reach of scientific peoploe. SouTn OMAIA finds it necessary to resort to an occupation tax to raise funds for the conduct of the business of the municipality. This is not an un- common procesding in citios but to the mind of THE BEE it is an unhappy last resort excusable only when revenue can be raised by no other mothod. — THERE can bo no question that tho United States senate made a serious mistake in dismissing its exccutive clerk, Mr. James R. Young, without an invostigation, For fifteon years Mr, Young had been a trusted and faithful official, and his character for integrity and trustworthiness was above veproach, During this long period of service t proceedings of the exocutive sessions of the senate were frequently made public, but not until the discussions on the Bering sea were disclosed was thereany intimation of a suspicion that the leak- age was through the executive clerk. There is every roeason to pelieve that there was not the slightest ground for suspecting him in this instance, and av any rate justice reguired that his de- mand for a full and searching investiga- tion should have been complied with. As it is public sentiment is unanimously with Mr. Young, and the natural im- pression is that some of vhe senators who were most zealous in urging his dismissal wore afraid of an investign- tion. The matter is probably not yet fully disposed of, and Mr. Young, witha kean sense of his unjust treatment, may conclude not to drop it until he has made some disclosures that will be of general public intorest. His determi- nation to vindicate himself is entirely commendable. Meantime vhe incident is serving to impress more strongly upon the public mind the unrepublican ©liracter of Lhe secrot session, THE WYOMING CATTLE WAR. The war betwesn cattlemen and the | settlers, gonerally termed rustlers, now | waging in central Wyoming is but a | new phase of the struggle that has fol- | lowed the encroachment of the home- stender upon the stock range along the whole western horder and marks the climax of the most. desperate resistance in the entire conflict. Wyoming was pioneered by large cat- | tle The territorinl organiza- | tion was dominated by them. The stock owners laws were framed in their interest sololy. North of the Union Pacific rail- way thelr sway was absolute. That which was most desirable—in lands, in water rights and in kindred privile —they acquired by menns often ques- tionable or claimed by right of possos- sion merely. The ownership of the maverick, controversies over lands and water privileges and the stock associa- tion's system of blacklisting employes were among the principal sources of contention and ill-feeling. The mav- erick law was in tho interest of the large owner to the oxclusion of all others. Employes were expected to “rustle” for their employer, but we blacklisted and bLranded as thioves did they *‘rustle’ for themselves, Settlers wore regarded with a jealous eyo. The fact that they came upon the wnge was in itself considered an of- fense. If they enterad land in the large pnstures, contested 1llegal entries, o did anything in conflict with the self- assortod rights of the cattlemen, they weroe subjected to tho most relentless oppression and intimidation; wore in- volved in expensive litigation and had overy conceivable injury and annoyance puvupon them. Bmployes of the cat tlemen received no fairer treatment. Faithful and efficient men were black- listed often on slight suspicion merely or through petty spit The effect of this policy, pursued with the energy of so powerful an interest, was to arouse a bitter sense of injustice on the part of the settlers, This condi- tion of public sentiment, the nature of the coun‘ry and the fact that the penal- ties for violutions of the stock laws were so severe as to render convictions next to impossible, all combined to give immunity to the lawless element. While the cattlemen have suffored loss, the wrongs they have reccived at the hands of individual rustlers are but the natural result of the injustice and oppression they have practiced upon whole communities. It would be un- reasonable to assume that every small cattle owner is a thief, nor justifiy resorting to unlawful means of redress even where the wrong is plain. The average citizen of Wyoming is thrifty, energetic and self-reliant. The differ- ences of climate and location render his struggle to subdue and possess the land a harder one than the majority of Ne- braska homestoaders have undergone and he should be accorded a word of symputhy and cheer in his present ex tromit Reliable reports of the present out- hreak have been hard to get. The con- ditions have been such as to prejudice correspondents to a greator or less ox- tent. When the first hostile move was made by the cattlemen the correspond- “county ents generally were coerced into sup- pressing the news of thearmed invasion. Had it not been for THE BEE the outside world would have remained in ignor- ance of the true state of affairs for some time at least. The first news to reach the press of the country came to Tir BEE from its Casper representative and correctly forecist the events which were to transpire. From that time on THE BEE has given the news from the various points noar the scene of action from twenty-four to forty-eight hours in advanco of all other papers and with a clearness coming from a perfect under- standing of the situation. The crisis is not yet over, but it is to be hoped that justico will prevail without the loss of another drop of blood. THE NAVAL APPROPRIATION. + Twenty-five democrats in the house of representatives voted in favor of an ap- provriation for the construction of tawo battle ships and ten torpedo boats in ad- dition to those ordered by preceding congrosses. This number is not suffi- cient, however, to relieve the demo- cratic party of the charge of being Los- tile to the policy of giving the country such a navy as will be adequate for the protection of its interests in time of peace and its defense in the event of war. A large majority of the democrats of the house woro opposed to approp: ating more than suflicient to build a singlo cruiser for the navy, and there is reason to believo that many of them were reluctant to do even this, but they understand that the party could not go before tho country and defend a refusal to vote any money for additions to the navy. They know that the intelligent judgment of the country would condemn the ubandonment of all efforts to give the nation a naval establishment that will be u safeguard in a possible emer- gency, and the possession of which will do much to commund for the United States the respectful consideration of other nations. All'commercial countries find it nedes- sary to maintain a navy, but there is a very geneval wisapprehension in this country of its purposes. These are the protection and development of com- merce, the defense of American citizens and American interests in ail parts of the world, and the protection of Amer- ican cousts and American intevests at howe in time of war. In the courso of the discussion of the naval approprintion bill Representative Lodge of Massachu- sotts said that wo bave got so much in the habit of referring to the dechine of our foreign commerce that we are apt to forget that though its amount is rela- tively small—much smaller than it ought to be—it is still absolutely very large. Over 1,000,000 tons engaged in the for- eign trade is an importunt interest, and when to that is added our groat coast- wise and lake traflic it will be found that we stand second in the list of nations of the world and far ahead of those that come after us in point of total tonnage. Along the Atlantic coast ulone we have 1,700,000 tons of coustwise traflic and on the lakes 1,200,000 tons. This great constwise tonuage, said Mr. Lodge, us well as our foreign carry- ing trade, need protection—the protec- | tion of the American flag on Amorican public ships. Commerce cannot be guarded except by a navy, and without armed protection it rotreats und disap- The duty of protecting Ameri- pears. cnn business interests and American citizons in all parts of the worla makes a aemand for anavy, and the more wide- spread and intricate our relations with other countries the more urgent thisde- mand will become. But the paramount necessity for a navy is the protection of our coasts. How strong we may make the land defenses, in order to ob- tain complete security for the seaboard citios we must have powerful ships, heavy in guns and armor, able to fight at s nd to keen a hostile fleet from over coming within range of our consts. This is a matter which concerns the whole people, and not thoee only who live on the seaboard and whose interests are there. Any other view of the sub- ject is narrow and unpatriotic, for every citizen is interested in the genoral safety, in the protection of our com- merce on the ocean and along our consts, and in the security of our rights and interests as a nation throughout the world, These conditions are important to the farmers of the west as well to the merchants of the east, to the people of the interior as well as to those on the seaboard. or THE SAME OLD TACTICS. The county commissioners have once more postponed action on the proposi- tior to submit the Nobraska Central project to the voters of Douglas county. This step is manifestly taken at the be- hest of parties who are interested in the existing bridge and trackage monopo- lies. Their tuctics from the outset have been to delay action and dilly-dally with the commissioners and load down the proposition so as to be unacceptable to investors who are disposed to embark in the enterprise. Itis proper enough to surround the bond proposition with such safeguards as will fully protect the taxpayers and will insuve compliance with all the con- ditions.under which the Nebraska Cen- tral would build its bridge and operate its line. It was also proper to invite prominent taxpayers wae are not inter- ested in choking off the project to make suggestions as to what conditions should be imposed upon the cu npany in the in- terost of the community. That the county and city attorneys are competent to formulate these suggestions eannot be gainsaid. Asa matter of fact they are the le, advisors of the county and city and are presumed to be competent and responsibl Assume, howevor, that the county and city autborities have, a right to call to their aid legal experts would it be reasonable to employ at- torneys who are committed aguainst tho proposition? Would not such a course justify the inference thata majority of members of the board of commissioners and council has been won over by the existing bridge and trackage moropolies and in reality have no intention of giv- ing the people u chance to vote on any proposition that the Nebras Central people offered to accept? Three weeks have elapsed since the proposition was first placed before the commissioners and council. There certainiy has been ample time for objectors and suggestors to get a hear- ing. There has been ample time also for the legal advisors of the city and county to perfect their propositions and ordinances. What excuse can be offered for further delay? A STAND AND DELIVER POLICY. A Colorado bullionaire organ wants to sothe black flag in the impending cam- puign. In the event of Harrison being nominated at Mianeapolis and Cleveland at Chicago the silver men in Colorado and other silver-producing states shall nomi- nate clectors pledged to vote for en for president and vice president who are known to be outspoken in favor of free coinage. The bullionaire organ ex- presses the opinion that such u move- ment would sweep the silver states like a cyclone, and that if a similar course should be pursued in some of the south- ern states the result would be to throw tho election into the house. . “The free coinage sentiment that such a canvass would stimulate,” says the journal which makes this extraordinary suggestion, “would probably insure the selection in the house of a free coinage president, and the election of a congress that would pass a free coinage law.” There is noihing to prevent the froe silver people from getting together and nominating electors, who in turn might meet and cast their votes for whomso- over they pleased, but it does not follow that such a proceeding could under any circumstances result in throwing the election of president and vice president into the house of representatives, or that it would have any effect except to convince the country that the peoplo who want to gompel the government to pay them 30 per cent more for their pro- duct than its market value, and are willing to bring the country to the sin- gle silver standard, are so desperate that they will resort to anything that offers the least promise of helping their poliey. But assume for the sake of ar- gument that the proposed ,plan might result in throwing the election of presi- dent and vice president into the house, is there the shghtest probability that the democrats of thut body would re, the candidates regularly nominated by the national convention of their party and take up men whom the party could not possibly be induced to nominate? Such action would be not only demor- alizing to the party, it would be fatal. As to the possible effect of the silver orgau’s scheme in clecting a congress that would pass u free comage bill, per haps nothing could bo devised more cor- tain to preyent such a result. It is safe io predict that it will be a very long time before another congress is elected as favorable to free silver as the presont one, Itis not likely that any serious effort will be made to earry out the sug- gestion of the Colorado free silver organ, but it is interesting as illustrating the desperation of some of the advocutes of that policy. ———— Tug friends of Captain John G, Bourke of the Tenth favairy, who are numerous in this city and the west, will be pleased to see that the house commit- tee on Indian affairs declines to con sider the charges made against him by OMAHA DAILY BEE SDAY rs and other border Mexicane, Caplifn Bourke is n gallant officer who knowsihiis duty. Te knows, t00, how to dbaf with filibusterers on the frontier, apd, it is this style of knowledgo that! makes him unpopular among the turbyldht classes along o‘ha Rio Grande, His teaducers are rapidly slinking out of sight. Some of them are in jail, others' yindor bonds and still others have leftothe country, but the captain is still o duty. et e—— Afion the St Paui . Pioneer-Press. As the democratic monkey remarked to the democratic parrotafter the Pennsylvania convention: “It's a good thing we dou’t got together very often, pard." phadichl -3l Wise M d Bullders. Chicago Trivune. The Indian mounds in the iundated dis- tricts of Mississippi have boen the means of saving bundrods of lives. The mound builders builded wiser than they knew, Garza sympathi - Chicago Try 1t New York World. If Chicago coally carries out ita threat to raise all the money needed for the fair uniess the general government loans the 5,000,000 without security, Chicago will do s great servico to the rest of the country, but chiefly 10 1ts own credit. Ealarge the List, Governor, Minneapotis Tritnn Governor Boyd of Nebraska tannounces that he is for any man who can ocarry eNew York, New Jersey and Connecticut—Cleve- land, if possible, Hill, if necessary. Ho will have to extend his list to include Harrison, for those states are going republican next November. The Right Man tor the Place, New York World. 1t is intimated that ex-Senator Edmunds is likely to be ono of the arbitrators from the United States in the Bering sea controversy. 1f such an appointment should be made we can be certain that the country will not suffer for lack of astutencss, knowledgs of the facts or learning in the law. -— The First in Tw ty Years., Gl be-Democrat, The coming republican national con ention will be the first sinco 1872 without a contest for the presidontial nomination. In that yoar Grant was renominated unanimous!y. There was an exciting struggle in every convention afterwerd up to and iucluding that of 1838 1L 1576 seven ballots were required for a choice, in 1880 thirty-six ballots, in 1584 four ballots and 1n 1553 eight ballots. POL ICIN ITALY'S DIGNITY. Cinciunati Commercial: Uncle Sam’s sot- tlement with Italy, for §25,000, of the New Orleans lynching case, 1s wholly satisfactory on the score of dignity, although it is cheap. Globe-Domocrat: 1f Italy could sell all of her Mafia men at the rate which the United “States paid for those killed at New Orlenns it would be the mpst, profitable speculution of ner life. New York Evening Post: But we trust some step will now bo taken by the adminis- tration to deliver the goverament from the humiliation of inavility to control the judicial proceedings to which: the affair hus given riso. ' New York World: I the Italian govern- ment is satisfied with the roparation which we havo made for'thd New Orleans killings, it is our turn to sk Italy to satisfy us for arresting and impriséning an American citi- zen, Nicolino Mileo, én the ground that he was a fugitive from the Italian military lew. Chicago Timos: _Ttaly is to receive $23,000 mdemaity for the murder of her subjects resident i the New Orleans jail: There is no question of the liverality of tne price, bu’ it does sceth a little small when one reflects that the demands of tha United States for cash to heal the wounds received by a few sailors at Valparaiso now exceed 82,000,000, Now York Herald: The response made by this government is au act of international comity which will doubtless lead to Minister Porter’s retura to Komo and the early ap- pearance of an ltalian mivister at Washing- ton. For this restoration of the friendly diplomatic relations which have been strained for a year Secretary Blaino is to be heartily congratulated. Springfield (Mass.) Republican: In ac- ceptiug the indemnity which Mr. Blane of- fers to the families of the victims of tho par- ish prison massncre at New Orleans, Marquis Imperiali docs well to reserve the right to press the suits which have been brought against the eity of Now Orleans and some of the leaders of the mob. This $25,000 is only a peace offering o Italy, intended as an ovidence of the friendship of tho United States, and of our desire to vestore tho for- mer cordial relatiops. It is a paltry sum, inadequate as compensation, and not in- tended s such. The componsation shonla come from the individuals and the commun- ity which inflicted the loss, and not from the country at 1arge. R BOURBON CONVENTION ECHOES, Beatrico Domocrat: The democratic plat- form of Nebraska was subjectod to a bi- chiorido of zold treatment. Blair Courier: In the estimation of many leading democrats of this section. James I, Boyd is now as dead to politics as if he had never been governor. Norfolk Nows: Governor Boyd captured the democratic state convention, but before the campaignis over the World-Hitcheock an put him permanentty on its list asa “fallen idol und plasted hope.” As a Moses, Boyd isn’t ia it. Platismouth Journal: Mr. Bryan’s re- mark that be didn’t think a banquet which ©cost &5 a plate was a good place 1o judge of Nebraska democratic sentiment was & cen- ter shot at tho rich men who attempt to run the democrucy of this state, Fremont Fliail:« About the only thing the democrais of Nebraska seem to bo united on is that the McKinley tariff is a dad gasted robbery. But the darkest cloud that hangs over them, and which throateus to over- whoelm them, has a silver lining. Hastings Nebraskan: The Omaha World- Herald says thet the late democratic stato convention marks a new era in democratic politios Nebraska. There is one thing certain the era did not open auspieiously for the party, for the indications are that it has boen disrapted fiom erown 1o sole, Platte County Atjrus: It bas remained for the Howells Jotirnal to declare that Gov- eruor Boyd is entitied o & chance to succeed himself. ~ With Vith - Wyck in the fleld s “chance” would bd storth about s much as the average nesof @ Louisiana lottery ticket. Lo rake in the capital prizo. “Op fame's cternal camping ground” Boyd his no 1ent to spread; He's reachoa tho zonith—further hopos Aro useiess—up 8 dead. undertiker's man ser- Chicago Times: Ar rip g oulled tho valot of the ) vunt might prope shadow of death, New York Herald: Ifsome 00d men were s kood as thoy think they are the gates of heaven would uoed to Le widened to enable thew 10 enter. Somerviile Jourhal: that wis not sung in wny of th “Where Did You Ge That Hat? A seasonable hymn churches is Judge: General Gorehunter (to Miss Todd- worthy, who has u brother fu collesei—in spite of what you say, Miss Todworthy. T ap- prove of your brother's physical training. In w7 south, wheo { was In co loge, 1 was the sprinter in my class, snd 1 uever had oause Lo regret it Miss Todworthy but Yery true, general, \er thaf my - Drotucr hus no the army. yOU must ro ides of ente New York Tribune: Twitters—Why is this felike the family which lives in a’ Harlem Py Landiady—You must ealighten me, Mr. Twittors Twitters—locaus: it is in such swall quar Lers. 1y dear Savannah Nows: Durinz the relxn of the umbre s trust the wembers will have an “open sud shut™ thing on pricos. Binghaumiton Republican: An athletio rec- ord 1 the ouly thing thut dmpioves by break ing. APRIL 20, 189 AUTHORIZED BY THE CHARTER Oity Attorney Oonnell Olaims the Oity May Condemn Land for Parks. THE CHARTER'S MANDATORY PROVISIONS n Proceed- When Bonds Exceptions to Judge s Opinion Under Thom the Cond ings Were Contempl Wero Voted Wake! Law. At a recent moeting of the city council a resolution was passed asking City Attornoy Connell for his opinion as to whether the city hias authority to condemn private prop erty for park purposes. At the meeting last night Mr. Connell presented the following reply : Oxana, April 18, 1802, —To the Honorable, tho City Council of the City of Omaha —Gon- mon: In compliance with a resolution adoptea by your honorable body calling upon me for my opinion as to whether the city has authority' to uppropriate private property for public parks aud the mode of proceduro to be followed in making such appropriation, 1 huve the honor to submit the ;ullu\vlnk. It is my opinion that the city has the right to appropriate private property for parks, and that it 18 the duty of the mayor and council to acquire the lands necessiry for parks by condomnation proveedings, 1t is also my opinior. thut before any action is taken, either for tho appropriation or pur- chase of land for parks, that the Board of Park Cowmissioners should not oniy de- termine the land necessary for parks, but also designate the land required for park ways and boulevards connectingthe several parks proposed to be created. The provisions of the charter with respect to such duty of the Board of Park Commissioners is as follow It shall be the duty of said board from time to time to advise, suzgest and recommoend to the mayor and ‘council & system ot public purks, purk wiys and boulevards, or addi- tions thereto, Within the city or within three miles of the limits thereof and desiznute the lunds and grounds necessnry to be used, pur- chnsed or appropriuted for such purpos When this is done by the Boerd of Park Cowmmissioners it then becomes the duty of the mayor and council to take such action s may become necessary for the appropria- tion of the lauds and grounds so designated. I submit that before auvy action whatever is taken by the mayor and counecil with reforence to ecither the pur- chase or condemnation of land for parks, the plain letter and evident spirit of the charter should be carriod out by a recom- mendation on the part of the park commis- sioners of nsystem of public parks, parkways and boulevards. 1t is very certain that one of the chief advantages of securing varks is the connecting boulevards between the same, forming, as the charter coatemplates, “a ystem of public park The desirability of suggesting ana providing for a system of parks, parkways and boulevaras as reauired by the charter is plainly mauifest wheu the question of paying for the lands necessary for such purposes 15 considered. The pro- visious of the charter following the declara- tioa thut it shall be the duty of thy mayor and council to t : such action as may be necessary for the appropriation of lands and grounds so desiznated. is as foliows: For the purpose of making payments for such lands and grounds the mayor and coun- cil shitl] ugsess such tale us may bo specially benefited by reason of the appro- priation thereof for Such purpose, and 1ssus Bontis as muy bo required for Sueh purpose 10 the extent and amount required in such zssesswent. By following these plain provisions of tho charter aund securing & system of parks with convecting varkways and boulevaras, sub- stantial and special benetits toadjacent lands will immediately result by reason thereof, nsicerable portion of the cost of obtainine the necessary lands for parks, ways and boulevards can oc provided Itwill then be necessary 1o issuc bouds. to the extent and amount required in oxcess of such assessment. 1t is fair to pre- sume that when the people of the city of Omaha voted these bonds 1t was on tho sup- position that these plain, mandatory provis- ions of the cuarter would e carried out. and that bonds for the paymeutof lands for parks, parkways and boulovards would obly bo is- sucd, to use the language of the charter, “to excess of the extent and amount required in' ex- cess of such assessment.” As the resuit of such a course, & very con- siderable portion of the bonds could be used for \mproving tho parks, park ways and boulevards. This would result in giving em- plovment to a large number of men aund the y would immediately secure some sub- stantial benefit from the estaplishmont of parks, parkways and boulevards. It is a mistaken notion that the bonds were voted for the purchase of public parks. 'Ihe proposition submitted to the people, which was voted at the election 10 Noyember, pro- vided that “'said bonds should be issued from time to time as required for the paying for and improvement of public parks, parkways and boulevards.” The proposition sub- mitted to the people made no reference to the purchase of land for parks, butevidently contemplated. as already indicated, that the proceeds from the bonds should be used for the payment of parks, parkways and boule- wvards, the same to be secured in the manuer authorized by the charter. Excepts to Judge Wakeley's Opinion, ‘'hat the authority oxists to appropriate lands for parks, parkways and boulevards, I have no doubt whatever. I recognize the learning and ability of Judge Wakeley, but after carefully reading his opinion I am in no munner disturbed regarding the correctness of the opinion I recently furnished to the mayor. Judge Wakeley does not assert with any dogree of confidence that the right to ap- propriate land for varks does not exist. The most be attempts is to create 4 doubt or un- certainty regarding such right, and as the interested lawyer of interested parties, who desire 1o unload thoir lands on the city at un exorbitant price, he laboriously reaches tho concinsion that his clients may resist the right of tke city to condemn their land for parks if they deem it to their interest to do s0. In reaching this conclusion Judge Waleloy states somo propositions of law with regard {o which there is no question or con- troversy. He states that the power ol a mu- nicipal corporation to condemn property must bo miven in special or express tevms, and does not arise by implication. In sup- port of this pronositicn he cites numerous authorities, 1 donot take e with Judge Walkeloy regarding the views exprossed by him on this point, e also states that “it1s extremely provabie tuat the courts would hold that the provisious of the charter for condemping private property for any public use in tkis eity are invalid for the reason that no provision is made for auy uotice WhLALeVET 10 L0e DErs0n WSO Property is to be taken,” He further suys that section 115 of tho charter and ' the following sectious contain the only provisions on this subject. 1 concede that uotice to the property owner is essential before he can bo deprived of nhis property Ly condemnation proceedings. 1, bowever, must decidedly take 1ssue with Judge Wakeley that thero are no valid provisions for giving notice to the property owner. If the position of Judee Wakeloy is corsect all proosedings for the appropriation of land by the city which have been takeu for the past ten ¥eurs for the opening and extending of many wiles of streeis and alleys and tor the construction of sowers have boen absolutely void. A con- siderable number of these condemnation cases have been tried before Judge Wakeley, and neither he nor tne able lawyers repre- senting the property owners evor intimated that the proceedings were void for want of sufficient notice. It is true that the section of the charter cited by Judge Wakeloy does not iu_terms provide for such wotice, but when it is admitted that the power 1o appro priate lands is conferred, then other sectious of the charter can be considered with refer ence 1o the axorcise of such power. Section 15 of the cuarter, in express terms, gives w0 the mayor and council the “power to pass ey and all ordiuances uot repugnant to the constitution and laws of this state necessary or proper fo carry inte effect aay of the provieions Lereof L Sob don. WIOODBURY'S FACIA Fur tho Skin, Sealp e G ; O ‘st Boduty, 12 Mkbr: Beaty: Nervous A i il tr 5 b Ihf‘v'. plon, e , romo J0HN H. WOODEBURY, Dermatologicai Institute 125 Weat 420d Strect, New ¥ork Clty, oF any of tha powaers harein granted.” Under the power given by section 15, Judge Lakea €00 many yoars ago carefully prepared an | ordinance providing for the giving notice to the ownors of property declared nocossary to be appropriated, including the form of such notice and the manner of service, which or- divance is to be found in chapter 55 of the revised ordinances of tho oity. Under the provisions of the chnrtor and of the ordi- nance referrod to, the right of eminent do. main has been oxercised by the city for many years, Constraing n Clause, Section 64 of the charter to which Judge Wakeley makes reforoneo s having been probably repenied, did not in any manner ro- ato to the giving of notico to property own- ers, 0 that even if said soction 64 is ro- poaled it 3an haye no bearing on tho quos- tion of notice, Neithor did said section 64 make any roforence to parks, parkways or boulovards, so that whether it is ropeaied or not repealed is immaterial so far us the right to appropriate land for parks, parkways and boulevards is concerned. It may, however, in this connection bo well to consider what was intended by the legslature when it de clatea that ‘it is hereby the duty of the mayor and council to take such action as might be necessary for the approvriation of tho lands aud grounds so designated.” Is it not absurd to conclude that tho legislature required a duty to be performed by the mayor and council for which no authority or power existed! 1s 1t not_moro reasonable to say that by expressly making it the duty of the mayor and council to appropriate lands for parks, parkways and boulovards, the power 80 to do was thereby conferred! As clearly showing that it was intenaed by this language to confer the power to appropriate lands for such purposes the following state ment 1mmediately foliows tho enjoining of smd duty: “And said mayor and council are further authorized upon the recommendation of said park commission,” ote. Judge Wakeloy in his opivion quot another provision in section 108 which au- thorizes the park commission to purchase or condemn land in cities or villag within threo miles from the corporate limits of Omaha. He, however, questions, and I think correctly, the validity or effectivoness of said power by reason of the same having been conferred ou the commission 1 plaee of the mayor and council. I agree with him that it was probably intended that the power to condemn lanas in adjacent cities or vil- lages should be exercised by the mavor and council, and by mistake the park commission was referred to. But is it not also absurd to conclude that the right of appropriating lands for parks should exist provided such lands are in an adjacent city or villago when 10 such right exists to appropriate open acd unoccupied prairie, outside of such city or village. The more carefully I examine the provis- ions of the charter and ordinauces of tho city relating to the right toapproprieto lands for parks, parkways and boulevards, the more fully am I convinzed of the correctness of my position. If any doubts exist s to the cor rectness of my conclusions, 1 would be glad to have this opinion submitted to Judge Lake, who is not only one of the most eminent jurists in our state, but s aiso a member ‘of the park commission and thor- oughtv familier withallthe provisions of the charter wifd ordinances retating to tho right of the city to appropriate laud for park pur- poses, and have him sav for your guidance whother or not L am correct. Provisions of Section 118, If the vower is conferred on the mayor and council by the provisious of sections” 108 to appropriate lands for parks, parkways and boulevards thera can be no doubt that a com- plete mode of procecdure for making such avpropriation is provided by oter sections of the charter. Scction 113 of the charter provides as follows: Whenever it shail becomo necessary to ap- proprinte private property for the use of the clvy for parks or parkw:ys and such appro- priution shall be deciared nec by ordi- nance. tho mavor, with the of the council. shall appoint three disinterested free. holaers of the city, who, nfter duly sworn to perform the duties of their appoimtment Wwith lity and impartiality, ‘shail assess the es to the owners of the property respec- tively tuken by such appropriation. Such as- sessed shall be reported to the uncil for confirmation, and if the same sha!l be con- firmed the dimagoes so assessed shall bo paid to the owners of suld property or deposited with the civy t surersubject to the orders of such property owners respectively, after which such property way at any time bo taken for the use of the eity. If the assessment be not contirmed by the council proceedings may be taken unew to assess tho damages. 1t will be obsorved that under the provi- sious of the section apove quoted that the mode of procedure is clearly pointed out and well cefined. As already shown. the ordin- ances of the city, under an express provision of the charter, provides for the notice to vroperty owners and the mauner of giving the same. As further indicating the mods of procedure, on the part of the property owners, as well s the city, by reason of the uppropriation of private property for parks and parkways, section 120 of the charter provides as foliow: In all cases of Gamage arising under the provision of this nct the party or parties whose property {s sought 10 be taken ‘V provisions of ‘this act, sh i appenl from such nssess the aistrict court of the county in which said propesty 1 situated within thirty duys after tho assossment provided forin siid act, but such appeal shall not dolay the appropriation of the property sought to be taken. The remedy by wppeal berein allowed shall be decwed and “held to be exclusive. ana 1o porson shall be ullowed to prosecute or main- tain any orizinal action to recover any dam- ages Liereln authorized or provided for. $oction 121 provides: In all cases of damages provisions of this act, upon appeal being takon by any poison from uny award or is- sessment of damazes, the citv shail have the right, upon giving five days notice to the. pe. sou or porsons appealing, to have said appoal placed upon the tri t or calendar of the court to which suid appeal may be. Laken ot the bead of the 1ist of cases for trial, un 1id arising under the &+ W, Cornos Lake been here. Every color, to fit any shaj as if it was made exj tailor’s prices. Suits for $10, $12, $1 them fit perfectly. want if they fit and Open Saturduys till 1 p. m Jer ovenines 1l 6 Cf = S3ROWNING, KINGE: 15t ant Doazlas sth Lattle Chicks--- : Our designs for Men's Spring W imaginable style and like tailors make them, and scll for halt We've got fine Spring and you can't buy them unless we make thing you can buy to order ? Browning, suoh ap al shall hava priority pro- cedenco in the order of trial thereof over oivil actions, and the court shall so arrange the oall of cases for trial as to give sush appeal priority and procedence 1t will bo observed from the provisions of the foregoing rections that the modoe of pro cedurs for the aporopriation of land for parks or boulevards is not only completo and in_detail, but it is summary It is certain that until the city resorts to condemnation proceodings it can never carry out what is contemplatod by the charter, and what is desired by the peoplo, a comploted systom of parks and boulevards. Even if tho opiuin of Judge Wakeloy is vight, and my opinion Is wrong, it will bo nocessary to have the power conferred to appropriate private lauds for parks and boulevards be fore any completed systom can be carried out. The provlem which 18 presented might as well bo faced at this time as in the fu ture. As I view it it is folly to purchaso isolated tracts of land for park purposes un- less the nower exists to conneot the samo by boulevards. It s certain this can never ba satisfactorily done except undor tho right of eminent domain. 1 contend furthor that it is the heieht of folly to expend the entire amount of the bonds authorized 1o be issued for the purchase of isolated tracts of land for parks, leaving no money to improve the samo or to obtain and improve boulevards, 1f tho proper courso is taken a large sum from tho bonds autborized to be issued oan be devoted to this purpose. I am thoroughly convincod that the price asked for somo of these tracts of land, tho Iistin district, for inst wnce, can be reduced ono-half, Sinco this matter referred to me I have talked with number of roal estate men, and from their opinion rogarding values feel justitied in as serting this fact. Not only can u lurge amount bo saved by roducing tho cost of tho lands desired for parks and boulevaras, by, as I believe, & large amount can also bg saved from the proceeds of the bongs by making nssessments to the extent of spooial benefits on aajacent lands, Specinl Benefits Consldered, Judge Wakeley asserts that “there is no- where in _tho charter or in tho law any pro cedure provided by which special bonefits may be legally ascortained.”” To show that ho 1s mistaken in his statomont, 1 quote from was a largo soction 75 of tho charter, as follows All special taxes to cover the cost of any public fmprovement horein anthorized shail e tevied and assessod on ali lots. parts of jots and real estato bounding, abutiing or adjn cent to such improvement or within districts created for making such improvement to thy oxtent of the benefits tosach lots, parts of lots and real estato by reason of such in provement. such benefits 1o be detarminod by the counch sitting s board of oqunlizition after_ the publicition of notice to property owners as herein provided, Itis further intimated by Judge Wakeloy in bis opinjon that tio procoedings already taken by tho city council amount in legal effect to a contract for the purchase of the soveral tracts rvecommended by the parl commissioners, This intimation comes from Judgo Wakeloy as an intecested lawyer. 1o show that there 1s no ground for claiming that! the action alrendy taken by tho cily council amounts to a contract, I would refer Judge Wakeley to an opioion rendered by Bim while on the bonch in tho case of Wal 1ace against the city. In the case reforred to it was claimea that the city council, inde pendent of the mayor, could make a contract, und by its actiou bind the city. In the case veferred to Judge Wakeley expressly held that uo contract of the city was valid unioss approved by tho mayor. On this poiut his opinion is us follow e power to muke contracts is nmong those | which by the act [the charter] Is conforred | upon the mayor and council, * * the 1 council, by a resolution _on which the mayor ity toact, can clothe u oty £rave power to bind the eity {Alutory prerogatives of tho yor iy be wholly set to unught. For this there is no necessity or warrant 1t is for you to determine which is coricet, the opinion of Judgo Wakeley as judgo on the beneb, or the opinton of Judge ~Wakeloy as attorney for interested parties desiring of forcing the city to purchase thelr lands for park purposes. 1 have always been in favor of public im provements and am strongly in favor of so i curing what the charter contemplates—a system of parks and boulovards at tbe car est day possible. 1 realizo that as tho result of condenmation proceodings a large amount of work will be ndded to my department. 1€ 1 was to view the matter from a per- sonal standpoint I would much prefor that the ey should procced —with the proposed purchase rather than resort to condemnation procecdings. But believin that by such vroceedings a large sum ol money can be saved to the city, which can be devoted to the improvement of parks and boulevards, thereby furmshing work to un- omploved men and give to the people some immediate benetit, 1 am forced 1o tuke the position 1 do. 1 now leave the matter to you for such action as you may deem proper. Very respectfully, W. J. CONNELL, City Attoraey. = . AN EASTER ROMANCE, omervitle Jowrnal, in front she sat Within the pe An exquisite new Easter hat Her figure erowned. Perhaps to sco how much her styls Was wondered ut, once in a while £he looked around. Ho sut behind her. and her glanco Suggested thoughts of sweolromanos With his soul. To think, to act, with him werc one, She whisperod, “Yes"—the thing was done Boyond control. That was a year ago. This v Thoy sit w:cther, but o tear Bedims her eyo. The hat she woars 13 out of date, Her heart this year is not elate, She'd ke to ery. Within the year they both have learncd That luxuries are hirdly earncd And cost n heap. rhier pa puid all her bills, rahe hus togive up frills Ana got things eheap. r Lust v I This ye 7 S T =0 ear lare the latest thind M lout---new, tresh ang ?l Idesirable. We've |2 | ~ never had a finer as- lsortment since we've e, and to fit, too, just yressly for you. Made 5, up to $25 and $30, What more do you wear as well as any- King &Co |}