Omaha Daily Bee Newspaper, August 1, 1893, Page 5

Page views left: 0

You have reached the hourly page view limit. Unlock higher limit to our entire archive!

Subscribers enjoy higher page view limit, downloads, and exclusive features.

Text content (automatically generated)

e ——————————— U HOW 10WA WON THE FIGHT Recounting of the Struggle for the Right to Regulate Railroad Charges. THROUGH LEGISLATURES AND COURTS Ewonty Years of Conflict Batween the Feo- Ple and the Corporations Ended in a Victory tor the People-Ds- tails Des Moixes, July 81.—[Special to Tam Brr. | —The state of Iowa has been the pio. neer in eailroad logislation, and aftor a series of litigations extonding a period of tweonty years all the principal points in dis- pute have beon sottled by the courts in favor sf tho peopie. KFrom the bold assumption made in the debate in the legislature of 1878, which passed the original ‘gi r law, that tho law making power “had no moro right to rogulate railroad charges than it had to fix the price of a bushel of corn,” the railroads have yielded inch by inch when driven from their position by adverse Judicial ¢ ons, until today the absolute rightof the state to fix charges for both freight and passenger trausportation is re- luctantly conceded, By tho act of 1874-the legislature fixed a achedule of inflexiblo rates, and any and ail charges above this rate were declared to bo “extoruon.” The Chicago, Burlington & Quincy railroad refused to comply with this law, and appealed to the Unitod States cir- ining the attor- noy general from bringing “‘penalty suits.” “The caso was taken to the suprome court of the United States for final heaving and de- cided against the company by that tribunal, is stated in full ou page 155 of the xeiv. United States Reports, and de- cided on the broad principlo that “when private property is devoted to 4 publi it is subject to public regulation.” The rouds of tic state, following this decision, iclded a sullen submission to the Iw, and bent all their energles toward securing its repeal, which they suceccded in accompiish- ing in 1878, “Tho railroads, fearing furthor hostile leg- fslation, “evidently” went wto politics, for the majority of the three succeeding logisla- tures secmed to have been servilo corporation t0ol8, and that flucnce domnated the sen- ate in 1886, ‘I'ho great farmers alliance movement of 18878, however, swept the logislature halls almost clear of corporation luckeys, and tho legislavure which assembled at the state capital on the 9th day of January, 1558, was probably the mosy agceressive anil-mouopoly aw making body that was ever called to &ether i any state in tho union. How the Corporations Were Cheoked. The repeal bill of 1578 did not wipo out every vestige of railrond legislution. = Three comimssioners to be avpointed by the governor wero provided for' by that measure, on whom the duty of regulating railroads was conferred. nwhile the feeblo attempt of these com- i —aided by the insolence of tho railroads—to provent the Chicago, Burling- ton & Quincy from charging moro for haul- ing coal from the same mines in Lucas county to a state institution at Glenwood thun “to a similar institution at Council Bluffs, fifty miles further, had disgusted Governor Larrabeo with the commissioner systom and converted that fearless oficial from a stroug friend of the railways toa bitter und determined champion of state regulation, thus making tho trinity of law power a unit in opposition to further dis- crimination and extortion. In his message of 1888 tho governor took radical grounds and recommended the pass. azeof a law destroying the pass system “root and branch,” fixing passenger rates at 2 cents per milo and empowering tho Board of Railway Commissioners to estab lish a schedulo of freight rates and confer ring upon it every power vested in the legls lature for the regulation and control of railronds. He also suggested that if tho commissioner system should be retained that the commissioners should be elected by thepeople. “The legislature thus advised proceeded with commendable alacrity and with o skill and judgment rarely equaled in the_drafting of legisiative acts to enact laws in conformity with the recommenda- tions of the governor. Tho railroad com- missioners were made elective, one being chosen annuaily. House file 373 was also passed, the principal provisions of which are as follows: Main Features of tho Law. The law requires that all charges shall bo reasonable and just, and prohibits unjust and vnreasonable charges, all special rates, rebates and drawbacks of every description, but recognizes the classification of goods and rates per 100 pounds and carload lots. It declares it unlawful to give preferenco to persons, firms, corporations, localities, or any description of trafiie, ex as to time of shipment of live stock or perishable prop- erty. It requires equal facilities for the in- terchange of traflic between the respective lines, and for the receiving, forwarding and switching cars. Any common carrier may be required to switch and travsfor cars for another for the purpose of being loaded or unloaded upon terms prescribed by the rail- road commissioners. ‘The carload by the law is made the unit in lar,e shipments, and the hundred pounds in less than car lots; the rate on one car must be as low as on any number of cars and on 100 pounds as low as any number, until the carload is reached. No railroad company shall charge a greater compensation for transportation for a shorter than lon, distance oyer iis railroad (which includes any branch that it may operate), any part of the shorter haul being included within the longer. No carrier shall charge for transporting freight from any point more than a fair and just rate as com- pared with the price it charges from any other point, Pooling, whether of rates or carriage, is prohibited. Schedules of rates aro to be printed and posted. The carriage of freieht is required to be con- tinuous from place of shipment to destina- tion und any combination that shall produce interference is unlawful. Any person in- Jured by a violation of thelaw may make vomplaint to the commissioners or may brin suit in the courts of the state. The railron commissioners are empowered to inquire into the management of the business of the carrier and all contracts, agreements or documents of any kind must be produced when called for. " Any verson, firm or cor- poration may make complaint to the rail- road commissioners of any act or failure to perform any duty which shall be investi- gated and the provision of the intorstate commerce law is adopted “that no complaint shall at any timo be dismissed because of the absonce of direct damage to the com- planant.” How Rates Are Fixed. The Board of Railrond Commissioners is requiredl to make a classification and sohod- ule of reasonablo maximum rates, which shall be takeu in the courts of the state prima facie evidence of reasonable and just rates. Auny person, firm, corporation or as- soclation may make complaint before the board us to rates or diseriminations, and it shall bo tho duty of the board to fix tim and place for hearing, upon the hearing the commissioners shall recelve evidence, state- monts or arguments offored by either party, but the burden of proof shall not be hoid to bo on the part of the complainaut. The lowest rates charged by any railroad com- pany in this or any other state or by any othor railroad with which the railroad “coni- pany cowplained of has trafic arrange- ments shall bo accepted by the commissiou- ers as prima facie ovidenco of reasonable rates. After hearing and investigation the commissioners shall fix and dotermine & maximumn rate on all matters specifiod in the complaint, and tho classifications and sched: ules shall bo accepted ns prima facle evi. dence of reasonablo rates in all the courts of the state. ho rate per hundred shall be the same for like classes of frelght for like distance to all persons shipving In quantities less than carload lots, and rate per hundred for all porsons ship: plug i carload lots shall be the same for the me distances for the same class of freight. Peualti row $500 Lo $10,000 are imposed for violation of the law. It is mado tho duty of the railroad commissioners to proseoute suits for the collection of penalties aud no sult begun by the commissioners shall be dismissod “without the consent of the Somwissioners aud attorney general. Tho over sxcaptions to the rula 1aid_ down in the inw | of absolute equality in person and locality | Are the United States, the state and munici pal corporations, the employes and th families of the railroad company, charities XCursion or commutation passenger tickets preachors, and_the exchange of passenger tickets with officers or employes of other roads, also parties in chargo of live stock The railroad commissioners and their socre tary, with exports whosi vices they m require, shall in the perfor of their duties bo transported free. For the devel opment of any new industry spocial rates y be made for an_agreed number of cars, when approved by tho commissionors 1t Met Bitter Op, It will be scen from a careful reading that this is the most stringest and far-reaching railroad law ever placed upon a statute book It is no wonder, therefore, that it was bit. terly opposed at every step by an array of legal talent that only corporations and pri- vate persons of unlimited means can com- mand. Strenuous efforts were made to 80 amend tha bill that the rates fixed by the commissioners should be absolute and final and not subject to review by the courts Nearly four weoks were consumed in the senate in an almost successful attempt to insert the words ““undue” and “unjust” in tho following clause: ‘“‘And all [undue and un Just] discrimination of every character be- tween individuals or localities is hereby prohibited and declared to be unlawful To insert the words as indicated above the friends of the measure contended would in effect logalize certain kinds of discrimina- tion, the very thing the law was intended to prevent. The amendment was voted down by the close vote of 2 to 27, and the law wi engrafted on the statute books exact framed by the ablest attorneys in the ranks of the friends and supporters of railroad vogulation, ‘The battle was then transferred to the courts. The went into effect on May 8, and was ‘mmediately tollowed by the with: drawal and cancellation of ail spocial and torminal rates on local freight trafiic and the substitution of & distance tariff in practical conformity to the law, excopt that the rates were oxressive. The railroad commissioners, Smith, Camp- bell and Dey, lost uo time in cowplying with the requiremients of the law. They spoed- ily proceeded to adopt a schedule of freight charges based upon the ‘‘costof service,” making an average reduction of about 20 to 5 per cent from provailing rates, and in ome articles running as high us 50 per cent, This was especially true in the case of coal and other heavy merchandise. Got the Law in Court. The date of the taking effect of this sched- ule was fixed on June 28, which was afterwards changed to July 5 On the former date a restraining order, issuod by Justice Browor of the United States cireuit court, prohibiting the boant from putting the rates in force, was scrved on the commissioners. This suit was brouzht at the instance of tho Chicago & North western, the Chicago, Milwaukee & St. Paul and the Chicago, Burlington & Quin. The Chicago, Rock Island & Pacific and the Burlington, Cedar Rapids & Northern also joined in the fray and secured an injunction from Judge Fairall of the suate district court at Jowa City to the samo effect. Two principal points were relied on by the railroad attorne; to sustain their First, “The legislature has no power to del egato to any body of men and clothe them with theright to perform legislative func- tions.” Second, *“Tho rates Hxed by the commissionors dro unremunerative. 1f the ailroads aro compelled to do business on this basis they will not earn enough to pay running expenses, and this would be a vir- tual confiscation of property without due process of law.” In granting the temporary injunction Judge Brewer overruled the first point and swept away the cobwebs of sophis- try so ingeniously spun by the corporation awyers by the following terse statoment: ““The courts ought not to declare a statute unconstitutional unless it is clearly so. There is8 no inherent vice in the delegation of such power, the vital question to shipper and carrier being that the rates should be reasonable. While the power to fix rates is lezislative, yet the de- marcation between legislative and exccutive is not always readily discerned; the legis- laure frequently establishes rulos and prin- ciples, leaving their execution and details to others. In view of constantly changing con- ditions, justice is more likely to be rcached by a body that is constantly in session than one that convenes ouly at stated periods." The second point, which was sustained by a large number of afMidavits, the judge, for the timo being, sustained, holding, however, that “if the rates should give compensation to the owners of the proverty, no matter how small, the courts have no power to in- terfere.” Not getting tho desired consolation from Justice Brawer, the corporations went to Judge Fairall for relief. That official pro- mulgated the following: ‘‘The courts have the authority to review the rates fixed by the commissioners. Tlo legislature not only has the power to fix a_schedule of rates, but has also the right to delegate that power. But to requiro a comumon carrier Lo trans- port proverty for less than a just and reason- able charge is to require it to carry without reward, or to take private property for public use without compeusation or by due process of law.” He supported this position by quoting from the decision of Chief Justice Waite in the Mississippi case, in which ho osttion. Walte on Regulatio “From what has been said it is not to be inforred that this power of limitation or reg- ulation is without limitation, or that regula- tion is without limit. This power to regu- late is not a power to destroy and limitation is not equivalent to confiscation. Under pre- tense of regulating fares and freights, the state cannot require a railroad company to carry without revenue; neither can it do that which in law amounts to taking of pri- vate property for public use without jusy compensation, or without aue process of law.” “Furtieron in the opinion of Judge Waite, ho says: *'‘What would have this effect ' we mneed not now say, because no tarifl has yot boen fixed by ‘the com- missfon, and the statute of Mississippi ex- pressly provides that in all trials of cases {n‘ought for a violation of any tariff of charges as fixed by the commission, it may be shown in defense that such tariff so fixed 18 unjust.” Judge Fairall sums up the case as follows *The questions involved in this 0 aro purely legal, and tho main ono is the power of the state to make and enforce rates of transportation to be charges by railroad corporations and other common carriers, when from the pleadings such rates are admitted to be so low as not to fixed churges and operating expenses. This ques- tion, which "has never been squarely determined by the supreme court, either of this state or the United States, is one which must be met by the courts andl passod upon, tho sawme us other questions of contro- verted rights between the state and the individual.” Kuocked Out by Brewer, 'hese respective injunctions rendered the commissioners powerloss, for the time, but early 1in November tho railroad attorney were literally laughed out of court. On August 80, forty-four shippers and jobbers of Davanport ontéred complaiut of oxcessive freight charges, substantislly as follows: They averred that the Chicago, Rock Island & Pacific, the Milwaukee & St. Psul, the Burlington, Codar Rapids & Northern and the Minneapolis & St. Lows raiiroads had entered into a conspiracy to defeat the op- eration of house file 378, and were charging unreasonable and excessive rates, ete,, and had arbitrarily chauged the classification of grocerics, provisions, hardware and heavy articles 30 as to largely increase the cost of transportation and destroy the jobbing busi- ness. The same complaint in regard to other roads was also made by the jobbers of Dubuque and Burlington. ~ The commission- ers, under the mandatory provisions of sec- tion 18 of the act, were Compelled to hear the complaint, and after a thorough investi gation decided in favor of the complainants, again reafirmiog their former schodule, with slight modifications. For this act they were lled before Judge Brewer again by the ruilroads, who asked that the new schedule be enjoin pendiug the flual hearing of the first injunciion, which was set for De- cember 11; and also, that the promulgation of the new schedule' was practically a viola- tion of the orders of the court, and prayed | With reference v that the commissioners be cited to appear for contempt. In rendering his decision, which “was' quite lougihy, Judge Brower said: ““There aro substantially three questions presonted. First, has there been an inva sion of the injunction issued and therefore sl’l\:l | contempt of that order; second, id the sootions of the statute under which the commissioners acted give them suthority to render such a decision aud establish o schedule of rates for the cowplainants; THE OMAHA [FIND OF third, s the schodule just and reasonable! the first question the littie room for doabt. In the injunction which was issuad thero was no assumption of power to prascribs rates and no pretense of interforing with the commissioners in the discharge of any duty imposed on them by statute.” Indeciding the second point the o acknowledged that in considering the inary injunction he had been led into ror in concluding that only under sec. tion 17 of the statute could_the commission ors make a full schedule. He now reversed that ruling and held that under section 1% the commissiouers could make and establish & new schedule on the complaint of any party aggrieved, so that as fast they were enjoined & now schodule could "be promulgated, thus piling up the costs and the penalties mountain high, reaching even beyond the prethoric vocketbook of railroad corporation to sat isfy, and opening the road to endless litiga- tion Judge Brewar closed lows: “Influenc am led to refuse t and to se, aside ready issued. his opinion as fol- { by these considerations 1 “proliminary injunction the restraining order al- 1t may bo that by the time this case comes to a final hearing the test of ex perience will have solved some of these mat- ters: and it° may be clear, as now seems probable, that the rates imposad by this fast schodulo are compensatory within the rule laid down in the prior opinion, in which case uo injunction ouzht to issue. It may nlso be apparent by that timo that the rates nre not compensatory, in which case, boyond any doubt in my mind, a final and perma- nent injunction ought Lo bo granted." Emula ed Colonel Crooket's Coo This decision, which was rendered on the second day of February, 1530, was followed two days later by a graceful capitulation by President Perkins of tho Chicago, Burling- ton & Quincy, who_ accepted the commis. sioners”schedule under protest. Ho thought as the ratoes only affectod about 4 per cent of the compuny's” business 1t would survive and still pay at least a small dividend The othor roads soon followed the good ex- ample set_by the ~Q,” and the triumph of the commissioners’ 1n the long-drawn-out loal tusslo was complote ana overwhelming The railroads now got down on their knees in a figurative senso and cried “Enough.” They begged tho govornor and the railroad commissioners to waivo all claims for dam- s growing out of the temporary injunc- ns and thoy would dismiss the pending cases ana pay all tho costs. This arrange- ment was finally made and agreed to be- tween the state and the principal lines of railway. It thus happened that while the apoeal from Judge Fairall was argued before the stato supreme court no decision was over red by that tribunal, the railroads having withdrawn their casé from consider- ation. It will bo seen that every legal point raised was substantially decided agaiust the railroads except one, and that is that the law-making power has 1o right to establish such a law schedule that the railroads would not be able to earn cnough W - pay actual rumming expenses and have something of a dividend, no matter how small, for the stockholders. This ques- tion has néver yet been passed upou by the Lighest judicial tribun “The rairoads next turned their attention to the defeat of the commissionors, Suith and Campbell, to whose power they were compolled to bow. This they have finally accomplished. Cut Them Off Entlrely, The legislature which assembled in 1890 went one step ahead of its predecessor. Much of thelocal traflic in_this state passes over two or more lines. Taking ntage of this fact the railroads used the two local tariffs in computing tho charges. The gen- eral assembly, on recommendation of the commissioncrs promptly pussed 4 joint rato bill ‘‘requiring the railroads to accept 8 pro rata sharo of the charges and making the rate the same as though the shipment was over ono continuous liue, To thisact the railroads raised the most violont objections, claiming among other thiugs that they were compelled to enter into contracts without their consent, de- nied protection to their property, aud de- prived of the samo without due process of 4w and a violation of the xiv amendment 10 the national constitution by ‘“abridging tho privileges and immunities of citizens.” Judgo Fairall's court was again invoked to stay the hand of the commissioners, but the temporary injunction which he issued was specdily set asido by the supramo court by a vote of 3 to 2 and the legality of this ex- trome act of railroad logislation was for the time being afiirmed. e After a night with the boy Yoursfor a clear head.—Bromo Seltzer. Ty CORONER’S REPORTS. Record of Fatalitics In Omaha for the Month of July. An inspection of the coroner's reports for the past thirty-ono days shows a large in- creaso in violent and unnatural deaths over all the preceding months of this year. These reports show that eighteen residents of Omaha met death by accident, suicide or murder, as follows: Lulu Arason. suicide by poison; cause, do- mestic trouble. Mary Greith, sticide by poison; cause a domestic quarrol. Edward McKonns, murdered by Barney McGynn, William Stephens, drowned while bathing at Florence, Jacob Gioose, accidentally kilied by the cars at the Seventeenth street crossing. W. L. Oakley, killed by a Union Dacific passenger train; thought to bo a case of suicide. Joseph Rosenstock, accidentally shot him- self. George Grobble, death by sunstroko, Julius Schaus, killed by amotor train acei- dentally. Thomas Morris, suicido cause, despondency. Bessic McNott, sulcido by poison; despond- ency. Hattde Aldrich, suicide by shooting; aisap- pomtment in love. W. L. Hubbard, overdose of morphine, taken to relieve pain C. D. Casa, suicido by poison; despond- ency. Adum Benadum, aceidentally strangled. Andy Ryan, murdered by George Dodrill. C. H. Stellmacher, suicido by poison; de- spondency, Eckman, Charles cuted, —_—e Fireworks tonight, Courtland beach. FIRE AND POLICE BOARD, Brief Session at Whioh Koutine Husiness Was Quickly Transacted. The Board of Firo and Police commis - siouers hield a brief meoting last night and transucted considerable routine business. Patrolmun Edgehill who seomed to have a grievanco against Sergeant Ormsby con- cluded to withdraw tho compluint s his wilnesses were not vresent, The Nebraska Association of Trotting and Pacing Horse Broeders roquested the board to furaish a detail of spocial police to pro- toct the public and keep peace at its an- nual meeling from August® to 11, The firo committeo reported that it had purchased two good horses for the new fire engine and would purchase four more. ‘The commitiee on laws and ordinauces recommended that ordin; No. o repealed and a new one enacted in its place, Tuoy have such an ordinance now under cousideration. This ordinance provides for the appointment, discipline, removal, bonds and powers of men appointed for police duty on special oceasion: The case of Oficer Burrows was continued for two weeks. 5. H. Winslow of engine company No. 3 made application for appoint- mont us engineer of the new La krance engine, reman Galligan, Oficers Cox and Meals and Detectives Vizzard and Savage were granted ten days leave of absonce each. Thomas Downs was recommended by Chief Galligan for the captaincy of hose company No. 1, vice J. Murphy, who has left the city, “The commission adjournod until August 14 and then went into executive session. 1t agreed to then settle the Ormsby case and listen 1o the ocharges against Oficer Bur- rows, by poisoning; accidentally elovtro- —_— w York Exchange Quotations. NEw Yous, July 81.—(Special Telegram to Tug Bie.]—Exchauge was quoted as follows today: Chicago, #7 discount; Boston, Te premium; £t Louis. $3.50 to $4 discount. e Fireworks tonight, Courtiand beach. SDAY, DAILY BEE: TUI AUGU 93, AN OLD FARMER Oorpse of an Unknows-Man Discoversd in Ralt fmk. NOTHING TO [IDENTIFY : THE REMAINS Had Evidently Been in tho Water & Long Time—Evidence of Bad Work e State Pen itentinry, LixcoLy, July 81.—[Speeial to Tire Bee.)— The dead body of A man apparently about 45 years of age was found on the banks of Salt creek a short distance above the Twent seventh streot bridge this forenoon by an old farmer named Sutton, who was at work in the vicinity. The bddy was enti denuded of clothing and there was abso lutely nothing by which it could be ident fied. 1t had evidently been washed ashore and left on the bank by the receding water. It had been in the water so long that it was badly decomposed and the features were unrecognizable. The authorities were notified and in the absence of the coroner the romains were taken in charge by Chief of Police Cooper and Sheriff McClay, The remains were first taken to the undertakers, but it was found that 1t would be impossible to ke op them for a coroner's examination owiug to their advanced stage of decomposition were buried at once. 1n tho abs v rocord of missing men answe to the description of the floater the police are of the opinion that the man was some tramp who had went into the water for a bath and tad drowned when beyond the reach of assistance. Koen Wants His Ploture, The people of Omaha_are_tolerably famil- far with tho career of B4 Koen, the corr spondent of the notorious Kansas City Sun, who figured quite oxtensivoly in sevoral criminal libel suits in the metropolis, Koen was sentenced to the state penitentiary for his freedom with the teenchint pen, but be- foro he had served his fuil time ho ‘secured an order from the supreme court which changed his punishment from imprisonment in tho penitentiary to 4 shortor term of - carceration in tho Douglas county jail, In duo course of time he was liberated. Ho now appears with a demand upon Warden Heemer for the photograph which was taken at the penitentiary when he first became subject to prison rules. The warden de- clines to surcender the photograph, claiming thatit isapart of t on records and that he has no authority to surrender it. Koen will try the efficacy of a law suit, and in the meantime his photograph adorns the hugo album in the warden's oftice. Auother Buige in Dorgan's Wall, Warden Mallon has discovered the some- what startling fact that the north wall on tho new cell house at the state penitentiary, which has alveady achieved so mneh fame in s again showing marked symptoms playing a scurvy trick upos the retained architects who were so loud in their ass tions thut 1t was a_ marvel of architectural skill and workmanship. The readers of Tie Bre, who followed the evidence in the recent impenchment cases closely, will remem b the north wall of the new cell house was constructed upon the foundation of the old stockade around the prison yard. This ockade was cut down to a level of the ills and built up of new stoue, “plugged and seabbled, to size.” Tho new portion of the wallds as,symmetrical as when it left the hands of the builder, but Warden Mallon states that the old part of tho wall Las gradually been giving way under the pressure of the heavy weight of the new part above ii. Commenciug at the north- west corner of the new. cell house the old wall nas bulged inwardly for at least four inches. The bulging portiou of the wall ex- tends from the northwest corner o a point about ten feet east. Gosaip at the State Houso. It developed today that the State Board of Public Lands and Buildings on July 24 ap- pointed D. H. Hopkins superintendent of the work of prtting down the new cement floor of the old ccll house at the state peniten- tiary at a salary of & perday. This is ono of the iteis ot given out to the press on the day the board held its meeting. Another meeting of the board was held behind closed doors this afternoon, thero being present Attorney General Hastings, Commissioner Humphrey, Deputy Secrctary of = State Caldwell and Dan Hopkins. Private Secretary Andrews wiil leave to- morrow for Superior, where he will attend the reunion, Afterwards he will start for Salt Lake City and other western points for o brief sumwmer vacation. Governor Crounse, who has been absent in Wisconsin for the past ten days will re- turn to his executive duties tomorrow at noon. “The case of Johu D. Richardson against W. R. Alexander was flled with the clerk of the supreme court this afternoon. It is a Dawes county case. J. H. Smith against Welcome Smith is the sitle of a Hall county case which fouad its way to the supreme court rooms this after- noon Ex-Attorney General Dilworth of Hastings was at the state house this forenoon, Representative Van Duyn of ino county trausacted business at the state house this afterncon. C. H. Deitrich, president of the Germap Nationa! bank of Hastings, stopped at the state house this afternoon. He is just re- turning home from an extended trip to ISuropa and says that in all his travels over rofe aud tho United Srutes he has found no country as large as Nebraska that was in 50 good a Condition financially, Governor Crouse has been applied to for 8 requisition from the governor of Kansas for the arrest of & man who is wanted in that state for the crime of selling morigaged property. In Kansas the offense coustitutes a simple misdemeanor. In Nebraska it is a felony. The question as to whether tho laws of Nebraska or Kansas shall govern in this instance has been referred to the attor- ney general, Auditor Moore is dally in receipt of letters from county clerks asking *why they have not received the annual levy of the stato taxes, Mr. Moore desires 1o state publicly that the responsibility for the delay rests almost entircly upon the county clork of Custer county. who, for reasons known only to himself, held back his assessment rolis until last Saturday. The board of equaliza- tion will meet tomorrow upon the return of Governor Crounse and decide upon the levy. ‘The July vouchers of Nebraska's expenscs at the World's were reccived b the auditor's oftice this forenoon, but have not yet been examined by thoe auditor, Lincoln in Brief, The Chemical National bauk of New York came into the district court this forenoon with four notes, each for $5,000, sigued by the Western Manufacturlifg company. Tho notes were made payable¥o tho Capital Na- tional bank and were ehdorsed by Mosher, W. S, Pendell has suell® the Burlington company for §20,000 for damuges, which ho claims fo have receivedwhile performing his duty as a switchman i Whis city last Jan- uar; dioy Carl Cramer, a local florisl, was arrested this morniug on a charge of, Stealing a pair of scissors. The case was, ¢ompromised bo- fore it came into court., Kendall & Teffts floux caped destruction by fite al noon today. A passing engino on the Burlington threw ciuders on a pile of rubBish causing a lively blaze almost against the trdme walls of the elevator. b o The colored people of ‘Lincoln are making arrangements to celebrate wmancipation day tomorrow with an elaborate program. The oxercises will be held at tho African Method- ist Episcopal church on E street. ill navrowly es- Valley Woodmen Organize. VaLLey, Neb., July 81.—[Special Telogram to Tue Bee.]—State Deputy Head Consul Wood organized a lodge in this city Satur- duy night, known as the Akerluna camp Modern Woodmen of America, with sixteen wembers. ~ About twenty-five Woodmen from Elknorn aud Waterloo were preseut aud assisted in the organization, Wedded at Weston, Wano0, July 81.—[Special to Tus Bis.]— Prof. W. S. Mobler and Miss Bertha Olds were marriod at Weston last night i the Methodist Episcopal church, Rev. D. R. /A P | | Enttitps pertorming the coromony WaS witnessed by 800 people. The groom is prominent in educational circles and has been principal of the Weston schools for two years. Tho beautiful and cultured bride is also a teacher. The$ will ieave this woek for the World's fair. which DODGE COUNTY AFFAIRS, Contract for Another New School Ballding Awarded—Other News Notes FrEsosT, July 81.—(Special to Tie Ber.) A special meeting of the Board of Educa tion was held today to let the contract for another new school building in the north. ast part of the district. A. H. De Long being the lowest bidder at 8204, the contract was let accordingly. to be completed by Sep: tember 22, Misses Reod, Hornick and Strich land were elected to complete the comple- ment of teachers for the next term Hon. George Dorsey has returned from the northeast much refreshed from his vacation. Mrs. Dorsey is spending the summer in northern Michigan A slick scoundrel, representing that he was agent of a popuiar Chicago tailoring establishment, has victimized quite & num. ber of prominent citizens. He asked and reo- ceived a small payment down with the order aud escaped with about $100. T'he race track at the county fuir grounds is being put in excellent condition Corn stalks measuring from twelve to six teon feet in height are decorating every pub- rin the city. e local bank cloarings for the | wore § 0. The members of company E, Nebraska National guard, who have not aiready loft the organization will meet on Monday even- ing to close up the affairs of the company and disband. The renowned lady preachor, Mrs, Towns- ley, preached to a very large audience at tho Buptist church yesterday. While Nels Holmes was painting on the west school building yesterday be fell thirty fect from o swingiug scaffold, but without serious injury John A. Starliper of Stanton and Miss Florehee A. Leach of Omaha wero married by Rov. Javies Huff this morning at the parsonage. A vacant residence near the packing house was burned last night. The origin was doubtless incendiary Twenty-four normal students were exani- ined Saturday for credentials by County Superintendent Stephens. Mary Bowman, who has for some time been an wmate of tho county poor house, was yesterday pronounced imsane and will be taken to Norfolk. The silverites are about to petition Dr. L. J. Abbott to answer J. X, Frick. Dodge county people who contemplate “taking in” the Cherokee Strip opening aro offecting an organization. There are quite a number low with “‘the fover.” WELCOMED THE M st woek ERS, Blalr and Oakland People Feod o Number of Unfortunato People. Bramg, July 81.—[Svecial to Tne Bee.]— The Young Men’s Christinn association gave breakfast at tho hotel to thirty Colorado men who went through here on their way to the harvest fields of the north looking for work. The Young Men's Cuiristian associa- tion tendered its rooms to them for lodg- ing over night. They left this morning for South Dakota. eI July 31.—(Special to Tue Ber.) — When tho regular accommodation came in yesterday morning from Omaha fifty or more of the miners from Colorado were on board, When the train reached nere orders from rallroad headquarters — wera waiting to haye Sheriff McGrew put hem off. This gentleman soon found that it would beno easy matter, as the citi- zens almost to 4 mun were in favor of tho men. Word was dispatehed to the superin- tendent to that offect and the oraer came to run the train back to Blair, which was done, after waiting here over two hours. The men were orderly, but determined to stay with the train tiil iv went out. They came by way of Missouri Valley over the Elkhorn t0 Blur and there transferred to the Omaha 1o this place, bound to the harvest fields of the north. OAKLAND, July 81.—[Special Telegram to Wur Bee]~The freight tran due here at 11:20 a. m. passed through Oakland at S p. m.careyiug about seventy-five Colorado miners, who took possession’ of the train at Blair. On their arrival at Oakland they were met by Mayor Charles Swanson and citizens, who furnished them with a good substantial supper, of which they ali par- took heartily. The men weve bound for South Dakota, in hopes of obtaming wori in the harvest ficlds. ‘They were a 1ot of good appearing men, being all well dressed. Itesult of a Neighborhood Quarrel. GUAND IsLAND, July 81.—[Special to Tue me days ago one William Weston, sides on tho Platte island, four wiles south of the city, came 1n to see County At- torney Ryan and complained that while on his way home the night previous he was tackled by a mob, one of whom was George McKelby. 1t is alleged that the latter shot at Weston and put a hole through his hat, the bullet just grazing his head. Mckelby was beforé County Judge Clifford on Satur- day on the charge of assault_with intent to kill. The case was continued to next Mon- day. McKelby gave bonds for his appear- ance. Uhe affair took place in the same vicinity where the Cuyler Shultz murder occurred two years ugo. An old neighbor- tood quarrel seems to bo the cause of it. J. W. West, who was surrendered by his bondsmen ou Saturday last, is still in. the county Jail, where he will remain at lonst until two brothers of the ex-treasurer arrive, Mr. West expects that he will then be able to secure his release. A. 0. U, W. Union Piento. Fawrs Crry, July 8L—[Special to Tue Bee.|—On Friday, August 25, the various lodges of the Ancient Order United Work- men in this county will hold a big union pic nic at Hinton's park in this city. It prom- ises to be the lurgest affair of tms nature ever held 1 this portion of the state. Re- duced rates havo been made on both the B & M. and Missouri Pacific railroads and from 5,000 to 6,000 people are expected. Tho priucipal features of the program are a mon- ster parade at 10a. m. and addresses by J G. ‘Tate, grand master workmen of the state, aud other prominent speakers, A cordial iuvitation is extended to all frater- nities aud no pains will bo spared to give every one a royal time. Tho now Gehling opera house will also reopen on that even- ing. ] Nebraskn Ml Closed, Guany Istaxn, July 81.—[Special to Tug Bre.]—James Kelso, broom manufacturer, who employes from ten to fifteen men, hus shut down as a result of an action taken by dealers iu the mountain states. They huve decided not to patronize him unless he does all he can for free silver and promises to support the clause. Mr, Keiso, politically, is not inclined to bo strictly aguinst the ¢ forts of silver men but tas. nevertheless, shut down and has gone on a trip to George: town and the Rockies for two weeks, whon ho again expects Lo resume bLis businoss, Oakland Paper sold, OAKLAND, July 8L.—([Specia 1Telogram to Tur Bee)—The Oakland Independent, owned and edited by C. T\ Griflin, was sold to “Billy” Brewster of Browster, Blaine county, Neb. Mr. Brewster states that the policy of the paper will be non-political, ¢, T, Grifio is one of the most influential and leading independents of Burt county, Central Clty Gamp Meetlng, CextiaL Crry, Neb,, July Tug Bee.|—The meeting is now in re and will be until August 7. wp is situatea 1n tho city park. The attendance is large and daily increasing. There will be thirty-eight mino isters in attendance. A very cowplete pr- gram has been prepared Improved Crop Frospoots. Newsoy, July 8l.—[Special to Tur Bez.] —Recent rains have materially improved SKINS ON FIRE With agoulzing eczem Atchivg, bur blotchy, and pi dise specedily cured by (JI TICURA REMED) skin cure et camp and other [ wnd hu. oderd tiies. Bole. turoughout the world, | was the prospect for the corn crop in Nuckolls county. Prospects are now good for a fait_crop. Wheat s yielding from five to twenty bushels per acre Texawan, July 81— [Special to Tir Ber. ) The recont rain has insured for Burt county an immense crop of corn. Small grain will be about an averago. Flnck of n Flattamoath Woman. Pratrswovta, July 81.—[Special Tolegram to Tur Ber. | —A Plattsmouth woman's pluck the indirect daring thiof being beought to grief. The home of Mrs. Thede Eaton was entored by & bum this morning and a $0 gold watch confiscated. ‘Tho woman heard the noiso and_rushed into the room, wheroupon the thief dodged behind a big curtain. Tho woman discovered hor loss at once. and pulled aside the curtain and grabbed the thief's arm ‘and demanded her watch Tho fellow rosisted, out finally gave it up and then broke for the door and ran away. The polico were notified and A pursuit was soon instituted, and after a long chaso, during which the thief pulled a revolver on a citizen and threatened to uso it il interfered with in his flight. The fellow was overhauled and jailed. He will be given a preliminary examination tomorrow. Beatrico Drug Store Closed, BeaTice, July 81— [Special Tolegram toTur Bee.]-—~The storo of B. W. Clancy, drug was closed this morning under chattel mortgages given E. R. Fogg, receiver of the Nebraska National Bank, for £.80, and W, B. Clancy, administrator, 3,150, “The total indebtedness will #12,000. Compotent judges are of the opinion that his stock will invoice about £,000, but at forcod salo will not net over one-half that amount. The unsecured nc- counts of wholesalo houses and others amount to nearly 3,500 Nolwon Tndepena NeLsox, Neb., July 81.— Special to Tur Bee. | —~The independents of Nuckolls county colebrated the third anniversary of the birth of the party on Saturday. The exercises were held at the court house, where a small crowd was addressed by S. S, King, an in- dependent speaker from Atchison, Kan, aggregate 1t Colebrate, York County Teachers Moet. Yonk, Neb., July 8L—(Special to Tue Bek.|—The York county teachers institute opened today for a two_ weoks session. Tho insteuctors are Profs. Corbett, Perco, Chris- tio and Mrs. Flovence Boyd. Edgar's Cornet Band. Epcar, Neb, July 81.—[Special to Tne Bre.]—The Edgar cornet band made an excellent display ut Carlton last Thursday. SRR ATy reworks tonight, Courtland beach. 2 Ol YH | FEEL BRIGHT AND NEW AND MY COMPLEXION IS BETTER Ay doctor says it acts gently on the stomac Aiver and kidnevs. and isn pleasant Iaxative, Th drink is made from herbs. and is prepared for use aseasily s tea. 1tis called LANE'S MEDIGINE ‘Al drugpists sell 1t at $0c. and 81 & package. 1f yon eannot get it, xend_ your address fof o fre sampler Lanc's Family Yedicine moves wols ench dny. 1 oner s L feattiiy S Addrese ORATON 1. DOCT Searles == & Searles SUAGEONS & Specialists )t ] GHRORIC, NERVOUS AND PRIVATE DISEASES We oure Catarrh, All Disoases of tho Nose, Throat, Che't, Stomaci, Bowols and Liver. Rheumntism, Dyspepsia. Blood. Skin_and <idnoy Divoase:, Female Wenlknossos, Lost Manhood OURED, an ! all forms of WEAK MEN HYDROCELI AND VARICOCELE pormanentl successfully eured. Method new and mfailing, ATMENT BY MALL axpoctatty, , FISTULA, FISSURE, pormanently eurad, ibe nse of Knifo, ligatu austle, dles of & priviite or delicats natura, of Dositively curod Call_on or addross, with sta Freo Book, Recipe Dr. Searle; & Searles, for Cireulars, ks, 118 sout oM Price | ¢ yhfi[écuingqnggg ERILias Dislodge Bile, Stir up the Liver, Cure Sick-Headache, Female Ailments, Remove Disease and Promote Good Health, Oovered with a Tasteless & Bolublo Coating, Famous the world over. Ask for Beecham's and _take no others. Of all druggists, Price 25 cents a box. New Yorc Depoti a6 Canal S verteveeTe ANDED EXPETAL TeEL [atd ishes the Best and Ch FIRE-PROGFING HOUSES. for catalogue of Lathing, Fenclng, itubie Flxtures, eto. N. W, EXPANDED METAL CO., No. 402 Twonty £ixth 8., CHICAGO, cause this morning of a* 8IX POINTS, out of many, where Dootor Plerce's Pellets are botter than other pills : 1. They're the amallest, and easlest to take— little sugar coated granules that every child takes readily. 2. They're perfectly easy In thelr action —no griping, no disturbance. 8. Their eflects last, There's no reaction afterwards. They regulate or cleanse the system, mccording to size of dose. 4. They're the cheapest, for they're guaranteed to give satisfaction, or your money is returned. You pay only for the good you get. 5. Put up In glass—are always fresh. 6. They eure Constipation, Indiges- tion, Billous Attacks, Sick or Bilious Headaches, and all derangements of the liver, stomach and bowels. includes the great temperance drink Hires'5x Beer, N\ 1t gives New Life to the 01 Folks, Pleasure to the Parents Health to the Children, Good for All—ood ALl tho Time. A a5 cent package makes Five gallons. lesu Hinus. CUSTER'S LAST BATTLE FIELD. A visit to this spot. which is now a national cometery, is extromerly intor- csting. Hero seventeen yoars ago Gen- cral Custer and five companies of the Seventh United States cavalry,number- ing over 200 oflicers and mon, were cut to pioces. by the Sioux Indians and allied tribes under Sitting Bull. Tho battlefield, the valloy of the Little Big Horn, locited some forty odd miles south of Custer, Mont., a station on tha Northern Pacific railroad, can be easily reached by stage. If you will write Charles S. Fee, St. Paul, Minn., inclos- ing 4 cents in postage, he will sond you a handsomely illustrated 100 page boolk, free of charge, in which you will find a graphic account of the sad catastropho which overtook the brave Custerand his followers in tho valloy of the Liltle Big Horn in June, '7 STT,OLINE ST. LOUIS AND GHICAGO e Yo Bl For all Chroals, Narnrs, Private and Speclal Dis3asas. of bt HEN AND WOMRY all othsr troubles treited UONSULTATION Ftrioture and at reasonable ch FREE. Oalion or DR SEYMOUR PUTNAM DOUGLAS BLOCE, - OMAHA, NEB Opposite il iyden Bros. HIRSCHBERG'S The Cele: g WRSONBENGS™ g brated Non. SR changeable . € Spectacles and Eye Glasses for sale in Om- YE GIASS E;, aha by MAX MEYER & BRO. CO. The Mercer. Omaha’s NewestHotal, Cor. 12th and Howard Stroets, 40rooms §2.50 por day. 40 roomums K500 por d @Wrooms with bath Srooms with bath at $1.5) per 14y, Modern in ry KHespeet, Newly £urn) Throughout C. 8. ERB, Pron. © Well Contractors. Brati, Nob., July 21,1893, ~Bids will bo re- colved “at th oifice ‘of tho city clerk until August b, 1893, at 7 o'clock p. m., of snid duy, 10 bors two six-inch wolls and furnish two six* £00t Cook stralnor-polnts, sultible 1o it pipe for the ity of Blalr, Neb. Depth of wells frou 100 foot {0 100 feot; sauio 1o bo completed by 25, 1893, ans “and spocifications on Ao at the ofice Of E. J- Farr, Wator comiss Blair, Neb, Lighits rosérved Lo reject iny and all bids, £, 1. VARRIGAN, 21M151A4 Oluy Ulerk of Blalr, Nvla Y t¥porday. | |

Other pages from this issue: