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About The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current | View Entire Issue (March 12, 1903)
o ,1 I r v.. if Of t-"3 I 1: i $ r rrth bo THE NEBRASKA LEGISLATURE ! t A Synopsis of Proceedings in Doth Branches of the Twenty-Eighth General Assembly. HKNATK. PheMori f lntrixlur-pd In th 'n- utM on th tth two hills to ttholiuti tho lnr1 of visitors to t ! HoI'IIith' honii") ut Urn ml i -i . it n 1 bikI Mllfonl. The !aw lit ir'MTit provliln that th civiTnor appoint a l.o.i ft of live, who .shall .n;ik ru:H aii'l fnnl.i I loin rK"rllnK tho III nil'S II III ll .IV KffUTal HtlT Isloll IIVIT th rimniuiil:int. Th- l.llls In t rolui-l Krant IliN powr to I ho :''-riir, ami ti- x hul I have powr to nam- tlx- amount of oni,'ti-'-i ' ion to ! palil tin- employ es ami roinma nl.i n t s of th horm-s; arul to provMc ruW-s ly wlklih tln-y shall ! omluiti-il. Tin- 'ov-riii.r Ih al.-io r--iilr'l to v!.-it th' hoii'S oiii.- nvry thr- rii-'iiihs. Th- i.flii-.- of u.i rl i m is ter I aholl .h.-l. iiikI Hi'- 1 ut of the ofTir.. ilfvulu- upon tin- sil infant. S. K. S, provl lint; for th- noiiiliiatlon of coun ty -rnmls ooii. rs hv 1 Int rl-t - ami t-lfC-tlon ly i-oinity vuii', o-'iloii-i niui'h l hat-. Th- hill was t.nl-ri i-nKriiHsi-il. Hall of lioul.is liitro.liii ! a bill r l.llriK that th. Mtan!arl f titn- through iit tli st.tt nhall If lhat of thi 9 I h liiTlilla n of IoiikII )' w't from tln-fii-g. wli-h. th- i-ntral st:int:irt of timo, ly yjXvhl-h all I'Kil hii ln.-s.-4 shall l.e ri'K r lt-.l. Mr. Hall In! ro.ln.-.il the hill !? musi In illffi-rvnt purls of the state llfTVr-!it stamlanls of tinn are us-d. Tli I'omity olTii-ers' hiU hy Sloan of Klllmore, to lrn-r-as' the tenure of orlir-o to four years, was kllleil In rotation like rlo k-wnik. There were live or six of the-n. ami after three hail ten Indef initely postponed O'Neill of l.imaster moved. In order to save time, to Indetl r.itely postpone every hill Introduced hy Sloan. This, however, was not put. und the hills died the regulation death. 8. F. S, providm that county romtnisslon m ho eleeti-l ty vote of the county Instead of ly vote of district, ordered engrossed. S. K. W. that hereafter no claim for ul)S-ripl Ion for newspaper. mairazli or other periodical shall be valid f-r more than the time Ht-tually fmhscrilM-il for; lndellnitely postponed. S. F. to provide for the supersedeas of ease4 nppealed to th-- supremo court; fcnlered eu,;ross-d. The last day tmt one on which bills roiild be introduced was taken advan tage of and there was a dlin?e in the iterate on tip- T.th. Hall of Oouulas in troduced an even dozen to amend the Mate constitution. II. It. Is. allowing county treasurers a seal, was recom mendcil for passaue by the committee t the whole. The bill has been before many legislatures and Is now in a fair ttay to become H law. S. F. ST, the ex emption law. took up most of the after noon and was amended s. frequently that its maker could not recognize it. The bill provides that $." per month of n watre earner Is exempt from Rarnish ment. With the exception of that change the bill fs the same as iiHn the statutes at present. S. F. S.". the bulk sale law, had roii'.i saliln-i. but was finally rep-ommetiil.-.l for passage. Marshall of Otoe tiprunt; a sensation at the end of the l.t.-t found of the day's proceedings by moving It take a recess until 7 o'clock at n.nht. Anderson of Saline seconded the motion. The motion was lost In a tleluce of noes. St:itidin committees report-. 1 fl-e followim; bills f r Keneral tile: S. F. IT"., detl. inir where it shall be law ful f'T mutual insurance company t Insure pr iperty. S. F. 174. provfilins; when ra'Tread companies may sell floods not ca'.ltd for. S. K. U'i. an act for the relief of Hatii.l I,. Johnson. S. V. r.T. com"'!!im' railroad i-ompanles to provide suitable waiting rooms and accommoda tions for t!i. public. It. K. V-Yk relatincr to deposits of county treasurers. S. F. J", pr- v idi nr for payment of costs in misil-rneaiior enscs. At the m-'rning session of th senate on the ;th the fallowing bills were pass ed: S. F. lis. limiting the time in winch to revive a dormant judgment. S. F providing for a time when injunc tions may be brought. S. F. t. pro viding that in counties of li.'.tnii) popu lation commissioners shall be elected by vote of county. S. F. ir. providing for the destruction of weeds along the high ways. S. F. -W. 21. repeal! ni; law relating to s::!.iry of deputies for treas urer and secretary of state and secre tary to governor. S. F. V,. brick sale law. II. i:. K. proxiling for a county treasurer's seal. S. F. ;. providing for the supersedeas In cases appealed to th? supreme court. The senate went Into committee of the who!.- to consider bill on general file. S. F. I.V.. taxing the costs in criminal cases upon (Tie defend n nt if he is guil'y, and if the prosecution b m iliclous. the prosecuting witness: ordered engrossed. S. V. - . If there arj remonstrances against granting of s.i Lbioti licenses, app-al may be had to the Courts, providing that renionstrator give bond for !. for cost; indefinitely post poned. S5. F. lt-. providing for th an nexing of territory to citiet and villages situated in two or more counties; or dered en grossed. S. F. b"- providing for the appointment of a tru::nt officer bv school boar ls; ord're.l engrossed. II. J:. 1;7. favoring t'ae election of I'nitcd ; S: if- s senators by popular vote: re;-om- ' mended for pass ige. a large number of ! bills were in reduced. In the sen ite on th-" Tt'i the f riTowing i bills were r.-;ort 1 back bv committees.: with trie r-.-.rnme:i : i'ioii mat tney ? ,,,,-nt of fees to the commissioner of pub placed en the general file. S. F. Z?. '. lands and buildings. Hills on first tneridirg the criminal cod- to strike out the death penalty: II. U. 1:12. to appro priate to t "e- use and beticiit of the I'r.i erity of N t rusk. i th,- moneys known fo' th agricultural exp riment st nU.n fund. ai-. the Morrill fu:A a:d the tini- versi'y c i-h fund: II. U. 12, to appro priate money belonging to the state normal s, h,M, fund for the purchase of tw-ok.-j for the librray of the state nor mal si h ols and to provide fr their maintenance; S. F. relating to appeals In equity: F. l-. repealing the section In the rrfmln.il code relating to grand juries; S. F. I'd. relating to the selection of Juries; S. F. 9. authorizing judges of district courts In vacation to parole and lisci:p rge person convicted of felonies and misdemeanors. The following bills were read the third time and paused: Wor s. F. 7". providing that It shall not be 'X"lil rieeess try to jerve notice on ilnor child A fW i rr, "f adoption, unless the child Is . c. TT lit - ..l V lifca ''Mrs oi age; a. r . iiw.i.- , r ,n-- annexation or territory oy u A"T'f!'" Jnl awn.i located In two or more "-unties; S. k. 9 authorizing the gov- rnrr to apport-t a board of pardons con sisting of three, members; S. F. 125. pro viding how amendments may be made to art le f Incorporation. The follow za bill was Introduced by Senator IIow 'I: S. F. "o An u.t to declare all tel ephone companies Mn thU state to be cemon carriers; to prohibit the making of nnreunonHble chance and providing? a remedy In oaso thereof; to declare rer taln oharKen to be reasonable charges mid provide a penalty for the violation of the. provision of this act. (Jovenor Mickey on the !th vetoed hi llrwt bill.. The measure was S. F. 21, jro vldiiiK f"r the payment of fees to the oinniissloiier of public lands and build li:fs. Joveriior Mickey stated his objec tions to the bill to be that the measure was unconstitutional in that it provided for the payment of fees to the commis sioner, wlille I he const it ut Ion provides for payment of all fees to the state treasurer. Warner of Dakota moved that S. F. 301. recommended by the Kovernor. b; read it tirst time. This was done. Mrs. bou isc IJowser will not Ket the :isketl of the state for the erection of a sod iu. use at the Louisiana Purchase exposi tion. The senate indellni tly postponed the bill. H. K. ll'J. providing for the re ports of teachers and county superintend ents, was passed. It. K. li. a, joint res olution memorlallzinK congress to pass a bill for the election of I'nlted States sen ators by popular vote, was passed. !om tnlltees reporte as follows: S. Fs. luO l'i. providing for a Kraml Jury system, was recommended for Indelinite postpone ment. The report was concurred in and the bill was placed on Kneral lile. S. F. I U, providing for the erection of grain levators and warehouses, was placed on general tile. S. F. -MO. defining cultivated lands, placed on general tile. S. F. 147. an act for opening anil maintaining roads to bridges across streams separating two counties, amended and ordered engrossed. S. F. 113. providing for appeal bonds, amended and ordered engrossed. II. R. 61. providing penalty for carrying con cealed weapons, ordered engrossed. HOUSE. Shortly after convening on the 3d the house took up consideration of II. It. 330 through the reports of the committee on cities and towns. The majority of that committee. Mt-Clay of Ijincaster, Crop sey of Jefferson, Ferrar of Hall. Cassell of Otoe and Huberts of Dodge, recom mended the bill for Indefinite postpone ment, and the ' minority, consisting of t.ilbert and Nelson of Douglas, Sweezy of Adams and Heedier of I'latte, recom mended It for passage. A good deal of discussion took place. I,oomis of Dodge vigorously pleaded for the bill. The prln cl; le involved In It he declared to be of the most vital concern to every taxpayer of Nebraska and added that it was of more Importance than anything that would come before this leglislature. For that reason he thought the house would seriously err If it summarily killed the bill. He said the opponents of the bill were not lacking in ability to discuss the measure in committee of the whole nor were its friends unablo to hold up their end of the argument. No harm, there fore, could be done by placing the bill on general file. The vote to concur in the majority report was 5.1; agamst 3S; thus the bill was killed. II. It. 26. by Gilbert of Douglas, the South Omaha charter bill, came back from the committee on cities and towns, by majority and minor ity reports. It was amended In a num- ! 1-er of ways, the point of difference being the amendment providing for direct taxa tion of railroad terminals. The major ity was against the clause and the minority. (lilbert. Nelson of Douglas and Sweezy of Adams, were for it. The ma jority report, that the bill, as amended, knocking out the taxation clause, was si-stained. Among other amendments to the bill is one providing that th" rail roads keep up repairs on the viaducts, which clause was left out of the original bill. The Shelly bill, providing for a governor-appointed board of fire and po lice commissioners, was incorporated In the bill, as a compromise for the exten sion of the time of city election in South Omaha to the spring of VMA, instead of having it come off this year. A petition was read from the citizens of Franklin county, praying for an amendment to the revenue bill so as to elect county assessors for four years and employ su bordinate assessors. In the house on the 4tTi the Judiciary committe reported for passage H. It. 4, by Nelson of Douglas, the measure pro viding a negotiable instrument law un iftrm with that of twenty-one other states. The bill was held up by the com mittee to hear from lawyers, the ma- j jority of whom are said to be In favor I of it. while sumo bankers are said to j be opposed to it. as it imposes more stringent regulations on the bankers in making out their protest papers. A res ! ohition by Knox of DufTalo was adopted j providing for the printing of 1.000 more j c pies of the general revenue bill. 1.000 : copies already having been printed. I These bills were passed: H. R. 112. by j Dele Dernier of Cass. the famous ' bridge bill." that has occasioned more debate in the house than any single measure, without the emergency clause. II. It. int. by firegg of Wayne, Increas ing salaries of county superintendents in thirty-seven counties of the Ftate. II. It. IS", by Robbins of Sage, providing f-r appointment of election officers by county commissioners. H. 11. 127, by Meradith, of York, prohibiting the sale of intoxicatlrg liquors within two miles o:' an army post, excluding It from oper ation in Douglas county. P. F. 29. by -.irr.,,r rif TVikotn rr.,vl.!!nc f.ir mi-- rc.nling included the following: To amend section ? of the Code of Civil Procedure so as to allow action of re covery against trespasser after expira tion of ten-year limit. To provide for the government, regulation, examination, reporting and winding up of the business of tontine investment associations. To declare the place of delivery of intoxicat ing liqu r to be the place of sale. To require persons sentenced to the peniten tiary to be taken thereto within five days. Appropriating $2.Cm for the relief of the people suffering from famine in northern Sweden. Norway and Finland. Kmergency clause. To erect and equip at the Institute for the Blind at Ne braska City a plant for furnishing water, light and refrigeration. Appropriates JS.00O. The first debate on the revenue bill occurred In the house on the 6th. It was reported by the revenue committee fifty smendments. Sweezy moved that the bill be placed at the head of general file, to be considered In committee of the whole and that the amendments be print ed. Disagreed to. A motion by Gregg that the house work through the days of next week on other matters and on the revenue bill at night prevailed. The house passed H. R. 123, by Jouvenat of Boone, providing for g-ather'l g, compiling and publishing agricultural and Indus trial statistics; II. U. 112. by Warner of Lancaster, providing for Indlctmci. In formation, complaint and summons ntalnst and service upon corporations In criminal cases. A report from the Ju diciary committee whs read atid adopted, recommending the resolution by Knox of HufTalo. providing for the appointment of a committee of five to Investigate the so-called Hartley cigar box and the of ficial conduct of ex-State Treasurer Me serve. Insofar as It Is said to have been Involved In the matter. The house In committee of the hole recommended for passage II. It. 323, by Hathorn of Red Willow, granting to Russet F. Loom is a certain quarter section of land In Red Willow county. The bill has been the subject of a series of fierce debates and Dr. Hathorn. In gaining Its recommenda tion, has scored a signal victory as the result of a most persistent fight. Loom Is filed on the land as a homestead In 1H72. He was given his first and second papers by the governorment. Hut after obtain ing his second papers the government notified him that the land had been turned over to the state of Nebraska as scliool land. Ioomis began suit against the government and after years was ad vised that he would have to look to the slate for relief. He has been striving ev.r since to get his claim. The bill as recommended for pasage is amended so as to reimburse the school fund for the price of the unimproved land which Is to go to Mr. Loo mis. Instead of taking up bills on first read ing on the fit li. the house, on the forti eth day of the sussion, immediately went into committee of the whole and launch ed into the ocean of bills on general file. The first two measures on general tile wrre H. It. 1 and H. R. 2. both of which were, at the author's requests, passed for the day. A spirited debate ensued on a bill by Nelson of Douglas between Nelson and Loomls of Dodge. The bill compels a mortgagee appealing from a decree of foreclosure by a lower court to furnish bond for the rent of the land pending, the continuance of the action in the appellate court. Loomis attacked the bill as a measure calculated to work serious hardship upon property owners and should not be allowed to pass. The discussion resolved itself Into a heated controversy between the two debaters. Iomls secured the adoption of amend ments destroying the effect of the bill. Sixty-five bills were introduced during the day, but very few were read. It was the last day on which bills could be reg ularly Introduced. Ry previous agreement the representa tives did not expect any business on the 7th and only a bare quorum attend ed. As soon as roll call was completed nearly a dozen members left the hall and tleparted for their homes. The bills Introduced on Friday were read for the first time and after receiving -the spe cial comunication of Governor Mickey on insurance of state buildings, the house adjourned till Monday at 2. p. m. The house convened at 2 o'clock on the Stii and entered at once on bills on second reading. Sixty-four measures, completing the list, were thus disposed of. The house took a recess at 4 o'clock until 7:30. when the revenue bill was taken up. At the lirst night session of the house to con sider the revenue bill held friends of the measure proved sufficiently numerous to prevent th adoption of any material amendments to the first twenty sections. Sections 19 and 20. providing for the elec tion of a county assessor and for the appointment of deputies by the county assessor with the censent of the board, occasioned the greatest debate. At the conclusion, however, the committee voted not to amend either section. Section 13, enumerating property exempt from tax ation, was amended to include "fruit" In the list. On motion of Sears of Burt section 14. relating to tax liens, was amended that taxes should be a "first" lien. Junkins of Gopher moved to amend section 12 by Inserting that property should be assessed at 25 per cent Instead of 20 per cent of its value. This the com mittee promptly killed. TET1TIOX FOR REV EX UK BIL.L. The following petition was presented from Richardson county: "To the Honorable Charles T. Norris, If. S. Belden, W. 11. Hogrefe and Cass Jcnes. senator and representatives, State house. Lincoln. Neb.: "Whereas. The stock of one of our mer chants is taxed for city purposes $47.SS; his store building. $51.0". and one of our banks $144.5o, and all other property on the same basis, except the railroads; and, "Whereas, The Atchison & Nebraska railroad pays only $59,43. and the Mis souri Pacific railroad $76.50. for the same purposes upon all of their property, con sisting of right of way from 100 feet to 350 feet wide, together with three-fourths of a mile each of main line, side water tanks, semaphore, besides our proportion of the rolling stock and Intangible prop erty, aggregating in our estimation a sum much greater than the value re turned by the state board of equalization; and which by law we are entitled to as sess within our limits, making the taxes greatly disproportionate to our propwty; and. "Whereas. S. F. 21S would give our city, in common with all others of the state, the right to assess railroad property for municipal purposes on the same basis as all other property in the city without re ducing of affecting taxes paid by rail roads for other purposes; "Therefore, We. the citizens of Falls City. Here respectfully request you to use al honorable means to have said measure enacted Into law." AGREE ON CLAIMS BILL. The wolf bounty claim of $40,000 and the be$t sugar claim of $IS,V0 are to be rt commended by the house claims com mittee for payment. The committee has completed its work and it will submit its bill. The largest item, by many times, is the wolf bounty claim. The sugar bounty claim was embodied in a separate bill. The finance ways and means committee will introduce its expense appropriation bill at once, although it is not yet com plete. The total amount of the bill' will materially exceed that of 111. This is due to general increased demands of va rious state institutions. The university receives $71.0of a larger sum tnan last session. The Hastings asylum's fund Is raised 40 per cent and 240 new cells are provided for at the penitentiary. On the other hand some etrenchment was done. The $25,000 appropriation to the state militia for encampment was lopped off. The demand of the Institution for the Deaf and Dumb at Omaha for con nections with the water works was re jected. The house committee on public lands and buildings yielded to a demand from a soldiers' home delegation and decided to recommend $45,000 for a hospital a llilfofd. With the disappearance of his air ship a French aeronaut is said to have gone on a mysterious voyage. It may be that mysterious voyage from which no one ever returns. "But all things which that shineth as the gold Ne i3 not gold a3 I have herd it told." Chaucer ("The Canterbury Tales"). THE MINERS WIN COAL STRIKE COMMISSION "VND INCS ARE FORETOLD. A TEN PER CENT WAGE RAISE Payment by Weight When Practicable Will Also Increase Pay The Per Diem Men Are to Receive Same Sal ary for Less Work. NEW YORK. Tae Herald prints the following as a summary of the findings of the coal strike commission appointed by President Kooscveit, which, it is expected, will be handed to the president within a week. There will undoubtedly be at least a 10 per cent advance in the pay for mining, to take effect from the time the miners returned to work last Oc tober. The per diem employes will not have their wages Increased, but will be recommended for the same pay of a day of nine hours. The system of pay will be regulated. Wherever practicable the operators will be required to pay by weight, in stead of by the car, and elsewhere by the lienal yard. The miners will have checking representatives at their own expense. This will practically amount to a second increase in wages. There will be indirect recognition of the union, which will come when the findings are submitted by President Roosevelt to John Mitchell, as presi dent of the miners' union. The causes of the strike as found by the commission will not be comforting to the coal mining companies. The boycott will be condemned and the principle will be laid down that a miner has a right to work without molestation, even though he does not belong to the union. The terms of the verdict are to hold good for three years., and recommenda tions are to be made for settlements of other questions at the end of that period. In local disputes the operators will bo advised to treat with committees of the miners and there may be a sug gestion of a local board of arbitration. MORGAN DOES NOT BUY CUBA. Denies Reports of Hotel and Railroad Purchases. TAMPA, Fla. J. P. Morgan arrived at Port Tampa Sunday afternoon from Havana. Immediately after dis embarking his party boarded a spe cial train for New York. A rumor that the Flagler system of hotels in Florida and the Florida East Coast railroad had been turned over to Morgan, presumably for the Southern railway, and that the At lantic Coast Line and Southern were to own the property jointly and that he intended to build a large tourist tourist business in Florida and estab lish a modern line of steamers be tween this state and Cuba, was men tioned to him. "I know nothing whatever of such a deal," he said, making the state ment with considerable emphasis. HE DESCRIBES LA SOUFFREIRE. American Geologist Examines th3 Vol cano. KINGSTON, St. Vincent. Ernest Howe of the United States geological survey, after a personal inspection of La Soufreire, gives this description of the slight eruptions now frequently oc curring: "Without warning big puffs of steam rise constantly and countless rockets of black mud and stones are shot up from the crater and spread outward. Then the mud and stones fall back into the lake with a loud roar. Other clouds of steam, charged with dust, rise and drift over the country. An other interesting feature of the region is the deposit of ashes. The Wallibou river is still hot enough to cause the water in the stream to evaporate in huge columns, laden with dust." Mexicans Pray in Streets. COLIMA, Mex. At 10 o'clock Fri day forenoon the volcano was again in action, the eruption being the most violent yet. The people of Tuxpam are in consternation. According to advices from that point the eruption was accompanied by showers of ashes and dense clouds, darkening the sky. Some of the people have fled to neigh boring hills and the people have in their fright knelt in the streets to pray. Manj houses and stores have been closed. Investment in the Philippines. WASHINGTON. D. C. The largest single investment of American capital in the Philippines yet made is record ed in a cablegram received at the war department from Governor Taft. This relates to the allotment to an Ameri can of a contract of ownership and maintenance of thirty-five miles of electric light, heat and power works. This allotment was made in conform ity with an act of the Philippines com mission in October last. Veteran Publisher Dies. CEDAR RAPIDS, la. Thomas C. Newman died of old age in San Fran cisco Tuesday afternoon, aged 70 years. He was editor of the Millenial Harbinger of Seneca Falls, N. Y., from 1854 to 1858; he founded the first daily newspaper of Cedar Rapids In 1870; was publisher of the American Bee Journal of Chicago. 1873-36, and was editor of the Philosophical Journal, San Francisco, from 189C to the pres ent time. MURDER MINERS. Marsh;; Fire nn Defenseless Citi zens. INDIANAPOLIS. The ohlclal re port of Chris Evans, who was sent to the West Virlginla coal fields to In vestigate the killing of colored miners at Atklnsville on February 25, has been received at the headquarters of the United Mine Workers. The report says General St. Clair, who Is the attorney for the coal com panies, created an agitation to have the men arrested and taken to Charleston and that immediately afterward arrangements were made with the United States marshal by the Mine Workers' officials to give bond for all who were arrested, but that later, on account of the agita tion created by Deputy Marshal Cun ningham, the agreement entered Into with the marshal was broken and Cunningham was sent to arrest the men. According to the report there was great feeling against Cunningham and the men decided not to allow him to arrest them and he was driven away. Mr. Evans says he sent a telegram to the men to submit quietly, but the coal companies, who own all the tel egraph and telephone lines connected with the town, refused to deliver It and before he could get any message to the men Cunningham and his dep uties, who, he says, were the worst characters he could collect, went to the town a second time and killed the miners in the night-time in their beds. Mr. Evans says he went to the scene of the trouble the next morning, when forty-eight men had been arested for conspiracy to kill Cunningham, and found, in a house occupied by a col ored man called "Stonewall" Jackson, the dead bodies of William Dodson, William Clark and Richard Clayton, all colored. The report continues: On inquiry we find that the wife of Jackson, with four children, together with eight colored men, were in the house, and that about daybreak all were awakened by shots being fired into the house from the outside. This shooting took place without anything being said, and the three colored men I have mentioned were found dead on the floor. Two were in their night clothes and the other one partly dressed, with one shoe on, partly laced, and the other foot bare. We visited another house where Joseph Hizer .lay mortally wounded, having been shot through the window as he was stooping to put his trousers on after getting out of bed. Hizer lived with his sister and she made the state ment at the inquest that she pleaded with those shooting not to kill her children and in reply Cunningham said: "Women and children must take care of themselves." In no instance do we find where the persons were asked to surrender until after the deputies had commenced to shoot at the occupants of the houses named. ELKINS LAW IN COURT. First Opinion in an Interstate Com merce Case. WASHINGTON. The United States supreme.court on Monday rendered its first opinion in an interstate com merce case in which the Elkins act, passed at the last session of congress, was involved. The case was that of the Missouri Pacific Railroad company versus the United States, involving a question of discrimination on the part of the railroad as between places. It was brought at the instance of the In terstate Commerce commission. The railroad filed a demurrer chal lenging the regularity of the proceed ings, but the circuit court and court of appeals decided the case in favor of the government. These decisions were reversed by Monday's opinion, which was delivered by justice White. He said that by the terms of the old law, under which the case was tried, the proceedings would not have been regular, but that under the Elkins law it would be. The court, therefore, re versed and sent the case back for a new trial under the Elkins act. Riot Ends College Debate. ATCHISON, Kan. The regular ora torical contest of the Kansas Intercol legiate association ended in a disgrace ful riot Friday night. The trouble arose over the eligibility of Malcolm Garrard of Kansas university to com pete as one of the orators. He at tempted to speak, but was hissed down by the audience. The police were fin ally called in to expel the unruly Kan sas university students. CUBAN RECIPROCITY TREATY. Is Not Smooth Sailing at Havana De nounced as a Scheme. HAVANA The reciprocity treaty was up in the senate again Friday and the debate was adjourned until Sat urday. In the course of the debate Senor Sanguilly denounced the treaty as a scheme on the prt of the United States designed to keep European com merce out of Cuba in order that the former country might secure the en tire commercial as well as the control of the island. Senor Silva in a lengthy speech quoted figures to prove that even if the allegations made that the sugar trust and other interests would "ben efit under the reciprocity treaty were true, the result could not he otherwise than beneficial to Cuba It has been asserted that the" sugar and tobacco industries will make an additional profit under the treaty of $6,000,000 annually. NEBRASKA IN BRIEF. A new bank has begun business at Oarneston. There Is unusual demand for farm lands in York county. The contract for the new depot at Fremont has been let The Y. M. C. A. of Deatrlce are plan ning a 120,000 building. John Crone, a prominent citizen of Ainsworth died last week. A lodge of Ancient Order of United Workmen has been organized at Hur well. Schools at Papllllon have been tem porarily closed on account of scarlet fever. Farm lands In Lincoln oounty havo of late been changing hands quite rapidly. Richardson county will hold Its fair this year September 29 and 30 and Oc tober 1 and 2. Almond Mcllonry of Dodge county, aged eighty-two years, was killed by a fall from a load of hay, hla neck being broken. The executive committee of the Ne braska Corn Improvers' association met in Lincoln on February 25 and adopted a premium list for the wlntef corn show to be held in January, 1904. Charles W. Hark ley, cashier of the State bank of Seward, fell in the yard at his residence and broke one of his legs in the same place it was brokon a few years ago by a fall from his bi cycle. C. G. Ellwanger, who was superin tendent of the schools of Otoe county for eight years, and one of 'the best known educators of that section, died at his home in Nebraska City after a brief illness. As the result of a school children's quarrel near Harbine, Mrs. Mary Schroeder was arrested, charged with assault on the child of a neighbor. The case was tried before a Jury, which, after being out all night, re turned a verdict of not guilty. Jim Davis, the Winnebago Indian who in December last killed Little Jim, another Winnebago Indian, in a drunken brawl, will serve four years In the penitentiary for his act, this sentence being passed upon him by District Judge Guy T. Graves at Da kota City. Frank Ford, a farm hand, in the employ of his brother, Jared i Ford, who resides in the south edge of Val ley county, shot himself with suicidal intent, the bullet ranging from the chest through his body near his heart and lodging just under the neck in his back. There is a possibility of his re covery. The grand jury at Tecumseh sent a recommendation to the district court that the commissioners of Johnson county offer $1,500 reward for Charles M. Chamberlain, the defaulting Te cumseh banker. It is believed that the board will act in the matter and offer not less than $1,000. The offi cers are of the opinion that the reward will get the man. Frank Howarth, a young farmer who lives near Cook, suffered an accident that will in all probability cost him his life. He was at work on the power of a buzz saw, when the machinery got out of shape in some way and the tumbling rod, a steel bar about an inch in thickness and some eight feet long, was hurled around with terrible force, cracking his skull. Doleful tales are coming irito Long Pine regarding stock losses from the recent snow storm. At Colonel Tor rey's ranch in Rock county, it is said that 150 cattle were found in a pocket in the sand hills, all dead. At Hutton & Lamb's ranch twenty-five head were buried and at Buell's ranch seventy five head were buried under the sheds, which collapsed with the weight of the damp snow. A $5,000 damage suit was filed in the district court at Beatrice by F. J. Syp herd against Alonzo Adams. Recently Ss'pherd's wife secured a divorce from him and soon after the divorce was granted, Alonzo Adams, Mrs. Syp herd's father, came to Beatrice from Iowa to take his daughter home. In his petition the plSlntiff alleges that Adams alienated his wife's affections by inducing her to return home with him. John Palmes, a general prisoner, serving sentence for desertion, escap ed from the guard house at Fort Crook. Palmes and the sentry over him were In the basement attending to the heat er, when Palmes suddenly leaped through a coal window and disappear ed in the darkness. Palmes was also charged with assisting in stealing and rifling registered mail from the post mail carrier, for which he would have been tried by the federal authorities upon the expiration of his sentence. A telephone exchange has been or ganized at Silver Creek. Jennie Thomas, who shot and killed Fred Broderson at Lincoln and then shot herself, died from her wounds. For a while it was thought Miss Thom as would recover. Several head of horses belonging to Ambrose Jacob, a prominent farmer residing near Wymore, died suddenly. At first it was supposed they had been poisoned, but the supposition now is that they were fed hay whioh was mixed with a poisonous weed. Mrs. John Chumans of Auburn pro cured an order from the county court transferring her four children, aged respectively 6, 7, 9 and 11 years, to the Child . Saving Institute at Omaha. The father of the children is an in mate of the insane asylum at Lincoln. The old soldiers of Silver Creek are Interesting themselves In getting Gen eral O. O. Howard to deliver a lecture at that place under the auspices of the Grand Army of the Republic. A let ter has been received from the general signifying his willingness to come. Only Open in Summe. A senso of humor Is not a vry ftrong characteristic of the English, :lergy, but occasionally Home of tliern poHseHS Its saving grace, Hays the London Tat lor. Canon Knox Little tells a story of elng ashed onco to preach In the sountry. and being In I ho neighbor &ood went to Insect the church In guestlon beforehand. Ho arrived at a side door, over irhlch was carved In stone, "This ! die Gate of Heaven." but underneath as written. "This door Is only opea n summer." Amusing Editorial 8quibs. This amusing excuse was given by (he editor of an Indian vernacular paper, which was printed with twa columns Ift blank on the most Im portant page, says the Ixndon Ex press: "We had reserved this space for n exceptionally xwrful arllele on a lubject of universal Interest to our readers, but at tho last moni'-nt wo Bnd the article cannot be comprcHHed into the two columns rowrvt'il for it. The article will niako Its apMaranc next woek." Another Hindu editor, who wanted holiday, published this odltotlal: "Ah we arn beginning to feel tho physical and metal effect h of a year's unremitting devotion to t ho Interests of our readers, we feel It due to I hem that wo should tako a rest, which our labors In their behalf demand and de serve, and as a natural consequence beg to notify that this paier will ceaso to appear for the space of four weeks." Would Sell Offices at Auction. "Colonel J. I). Shires, of Marlon coun ty, Ky., seems to bo rather radical In hia ideas. "I am In favor," ho says, "o" putting tip all county offices for sale to the highest bidder. Lot tho auctioneer run each office to the high est notch, then knock it off. Tho money thus obtained should be used for building and bettering roads. As It is worked now, candidates with money behind them buy the offices from float ers, who upend tho money in riotous living before they get home, and luavo their families breadless." Mother Couldn't Object. Little Chronicle: "Does your moth er allow you to havo two pieces of pie when you aro at home, Willie?" asked the hostess. "No, ma'am." "Well, do you think she would like you to have two pieces here?" "Oh, she wouldn't care," said Wil lie confidentially, "this Isn't her pie." Changes on the Northwestern. President Marvin Hughltt of the Chicago and Northwestern recently announced that his company has pur chased and entered into possession of the Fremont, Elkhorn and Missouri valley railroad in Nebraska, Wyom ing and South Dakota, and that it will be operated hereafter as tho Nebraska and Wyoming division of tho North western system. Following this notice announcement was made by General Manager Gard ner of the appointment of C. A. Cairns as general passenger agent of the Chicago and Northwestern, with headquarters at Chicago. Mr. Cairns has been assistant general passenger agent of the Northwestern since 1892, and for several years prior to that was assistant general passen ger agent of the Chicago Great West ern. He has been in railway service since 1878, commencing as a messen ger In the president and treasurer's office of the Cleveland, Columbus, Cln elnnatl and Indianapolis railroad. G. F. BIdwell, who has been the general manager of the Fremont, EJk horn and Missouri Valley, is appointed manager of the Nebraska and Wyom ing division. Including- the lino from California Junction to Fremont, with offices at Omaha. J. A. Kuhn, form erly general freight agent of the Elk horn, Is made assistant general freight and passenger agent of the North western at Omaha. W. H. Jones Is made division freight agont, and J. W. Munn division passenger agent at Omaha. Industry may not be ultra fashion able, but it is deserving. Defiance Starch is guaranteed big gest and best or money refunded. 18 ounces, 10 cents. Try it now. The Colombian tnjee has been ex tended. Are they counting tho votes, or filling the cartridges? You never hear any one complain about "Defiance Starch." There Is nono to equal It In quality and quan tity. 1C ounces, 10 rents. Try it now and save your money. Germany's latest addition to hr navy is the Chinese torpedo boat Ililung, which was captured by the Germans at Taku. Vou can do it too Over 2,000.000 peoi'lo are now buy In a goods from in at wholesale prioes Having 15 to 40 percent on every thing they use. You can do it too. Why not ask us to send you our 1,000 pate catalogue f it tells the btory. Send 15 cents for it today. CHICAGO The house that tells th truth. WESTERN CANADA li attrantlutc more attention ttim tor ottier dUtrlct la the world. "The Granary of tbe World." Tho Land of Sun- nine." The Katural Feeding Ground for Stock. Area under crop in 1602 , . . 1.9B7.330 acres. Yielt 19C2 117,92,744 buabele. Abundance of Water: Fuel Plentiful: nut Idfntc Materlui Cheap; Good lri for ulure and Lir: a fertile aotl: a otli clent rainfall and a climate g-lvlti an aikared and adequate season of groirtft. HOMESTEAD LANDS OF 160 ACRES FREE. tbe only charxe for wbfeb Ic 410 fur malcliir entry. Close to Cburcbes, hrhools etc. Italiwajr tap all settled district. Send fur Atlas and other literature to Superintendent of Iminlfrratlon, Ottawa, Canada, orto W.V.Bennett. K01 New York Life Bld.,Omaba, Neb., the authorized Canadian (iorernment Accent. rbo will supply you with certlacate (tiring yvu re duced railway rates, etc. FREE TO WO M E W I To prove the hRailmr and eleanalnjr power of Jaxtlo Toilet Antlavptlo we will nail a large trial package with book of Instruction abeolotely f roe. This Is Bo I a tiny samplo, but largo package, enough to cou vtnott anyone of 1m ralue. Women all over the country are praUing Pax tine for what it has done In treutt- mstnt aff femala I fla mirinir all Inflammation and discharges, wonderful as a Cleaning vaginal douche, for sore throat. naul catarrh, as a mouth wash and to remove tartar and whiten the teeth. Send today ; a pnatal card Will do. HoldbrdrtsaTaTlets or ent postpaid bras. SO nta. Larsr) box. Ht la faction (aarantMd, TILE K. rAXTON CU, Roars). ALtaa. S 14 Columbus Are. . mm : J.