iaJU
I
xm
SCHEMERS BALKED
IN THEIR EFFORTS TO OVER
, RIDE THE LAW
JUDGE KEYSOR'S DECISION
IN THE OMAHA FIRE AND PO
LICE COMMISSION CASE.
Holds That the Board Appointed
by Governor Is Entitled to Control
Until Final Disposition of Caee by
the Supreme Court.
Omaha. Special As heretofore an
nounced In these columns, a set of des
perate republican politicians have been
doing everything known to the pro
fesslon of city ward strikers and un
scrupulous attorneys In the courts to
override the law and take possession
of the police powers of the city of
Omaha.
At first great efforts were made to
force Governor Holcomb to appoint a
fire and police commission which would
be owned and controlled by a coterie
of desperate politicians who have al
ways operated with the pluguglies of
Nebraska's metropolis in the carrying
of elections by fair or foul means
mostly the latter. In this they failed
and Governor Holcomb appointed a set
of commissioners whose private busi
ness and political records were equal
to any set of men In Omaha. But the
unprincipled schemers never abated
their efforts to put the police powers
Into the hands of those who are known
to be friendly to the ways that are
dark and tricks that are vain, which
the tough and very dangerous element
in Omaha and other big cities are
known to habitually practice.
Judge Cunningham R. Scott. whose
ranting and venomous displays on the
bench and elsewhere having secured
an appointment for his son under the
republican administration of Omaha,
was in the nature of things a suitable
Judgs for the gang to appeal to to de
cide the present fire and police law
unconstitutional, which he did with
a great deal of very evident satisfaction.
The matter was taken before the su-
the evidence concerning the efficiency
or inefficiency of the police board, and
that evidence will therefore be disre
garded on. this hearing.
A CLEAR RIGHT
The right of appeal from decisions of
Inferior tribunals is amply, provided for
in our constitution and laws. So. in
the supreme court, a defeated litigant
may move ror a rehearing. The r.eht
to, move for a rehearing in the rupreme
court is an individual safeguard, for
mere oeing no appeal from that court,
it is the only remedy available for the
correction or reversal of an erroneous
judgment In the case. No one ought
to be prejudiced in any respect In the
exercise of that right: certainly not the
old board in the quo warranto proceed
ings. The judgment In that proceed
ing was rendered by a divided court;
it pronounced an act of the legislature
unconstitutional, and thereby deprived
the governor of a power given him by
said act.
The decision is of great importance,
be It right or wrong, and every good
citizen is deeply interested in having
it tested by a motion for a rehearing.
The supreme court, acting under au
thority of law, adopted the following
rules:
"A motion for rehearing may be filed,
as of course, at any time within forty
days from the filing of the opinion or
rendering of the Judgment in the case."
Under this rule the old board fairly
had the right to file a motion, for a
rehearing within forty days from June
23. isyg. and until the motion be dis-
posed of. if filed within time, if the
supreme court still has jurisdiction of
the case. It may modify, reverse or
affirm said Judgment, and while the
right to do so exists the case must be
held to be still pending in the court.
NOT S KLK- KX KCL'Tl NG.
The judgment is simply a determi
na
the
on
ex
tiffs are entitled to the relief prayed for
in said petition.
Jt is. therefore, considered, orderec"
and adjudged that a temporary injunc
tion issue against all of the said de
fendants, their agents and employe
and officers associated with them, fron
interfering with the said plaintiffs in
the discharge of their duties as mem
bers of the board of fire and police
commissioners of the city of Omaha,
and enjoining and restraining said de
fendant, ana each of them, from act
Ing. or assuming to act. as a board of
of fire and police commissioners of the
city of Omaha, or from, in any manner.
interfering or directing the officers or
employes of the fire and police depart
ments in the discharge of their duties
as sucn orncers.
And it is further ordered that if the
said plaintiffs, constituting the board
of fire and police commissioners of the
city of Omaha, prior to the expiration
of the said forty days from the 23d day
of June, 1898, file a motion and a brief
for rehearing in the case of the state
of Nebraska -ex. rel. Constantine J.
Smyth, attorney general, vs. Frank
E. Moores et al.. then this order shall
continue until the supreme court of
the state of Nebraska passes upon and
determines the rights of the respec
tive parties upon said motion for a rehearing.
To all of which order and ruling the
defendants at the time except.
it is further ordered that the plain
tiffs give bond herein in the sum of
J1.000. to be approved by the clerk of
the court.
WILLIAM W. KEYSOR. Judge.
Action Against Mallalleu.
Lincoln. Special Attorney General
Smyth has filed a petition In the dis
VERY IMPORTAP
ATTORNEY-GENERAL SHV
WORK IN U.S. C0U1V
UIITIED OFflCEB'S
MODIFICATION OF.
FREIGHT RATE T
AXTMUM
ISION.
A Great Victory- Bod Cl
Tran.portatior t0JclurtTn
H j . t-. . , U. a. court In
and end Foot i. . . .
I,,..,,.. Free to Act.
junction, ere ft
Attorney Gen. SmZth.h s5ur!
, j url ol lne united
from the supref .: ., .
nosir;
of the decree
the maximum freight
rate cases.
The decre
of Nebraska on Novem
berr m! f Tf.C "PET'S
to be In l -va
e
v vaaos.si.ut, lutiai acv a use I nr
ratesvt r .CI y""2 ' '
' 1 1 i iic vic-vicc i can Billing iiie
'w'ment of the maximum freight
j as to that extent In conformity
Jlldffo Flrwer' ri Islnn it wont
, Jker t emtiodied two provisions
Jfh . extended b yon J what Judge
those cases was entered
?Sly of the Federal Court
w.-j v vase am
held th?the m"imun freight rat
neiu iPunoon8tjtutional because th
.The success of Attnrnev . (!narai
L Smyth In securing these modification!
is worm more to ine people or tne
state of Nebraska than fifty times hit
salary. If the Fame republican crowd
which was in control when this decree
was entered way now in possession of
the state house the decree would nevei
have been modified, and thus would
have passed away the last tight of the
people of this state to regulate the rail
road companies.
To lose the maximum rate case has
cost the people more than $22,000. every
cent or which was expended by repub
lican officials, and not one cent of
which went into the pockets of a f u-
sionist. Ten thousand dollars of the
amount went for the assistant to At
torneys General Hastings and Church
ill. This assistant was none other than
the high toned, high priced republican
attorney, John L. Webster, who now
wants to break. into Senator Allen's
place In the United States senate. But
he is not entirely to blame, for he was
ably aided and abetted by the repub
lican attorneys general, republican
members of the board of transporta
tion and the republican secretaries
thereof, one of whom. Mr. Joe Johnson,
is now and for some time has been the
self-constituted critic and defamer of
the men whose work it has been to
correct his mistakes and pave the peo
ple rrom the consequences of his mis-deeeds.
TEXANS ARE TALKING SENSE
West and South Must Have Better
Transportation Facilities.
Omaha. July .The forty Gal-
vestonii.ns who came Saturday
to spend two or three days at
the t-xioi-ition are raoitTlv rettine
The judgment is simply a determi-!,",' .77 -f ' YT h i V" H.V Ju '"U'.h im .'obi sod
ition of the rights of the parlies . trict court of Buffalo county, in which .wer it. tended, and wntch far ; r 1 ,ltrv several
ereto. It does not execute itself. No he asks for Judgment against John T ?cninsr Rna nur 5.trou ir their rtti !fjl4,r ';.lU.jl,r.w three or four
e may take into his own hands the; Mallalieu F J Swit F. J. RobertXTeC ? Up5n ,h r'f ,9 Kne " i luit uuiacturers and dealers,
ecution of a Judgment in his own' t , v. J? state. "Ttwa ii-'te ,.-igir Imporurs, several
COMFODORE WATSON.
Thanks
an army of biographers
and newspier gatherers, the reading
public havibeen made quite familiar
with the xfonality and naval record
of two of tfc men in conimand of our
squadrons L West Indian waters. But
there is a te'd commander down there,
an able at.Jefficierit o. fleer, as modest
as he is a Li and a lal good fellow
to boot, whi performing a duty of the
utmost Imflrtance and value to the
country, ojserning whom very little
has been pHted.
This mam Commodore John Crit
tenden Watn. who, with a fleet com
posed for 1 11 most part of small ships,
is maintainiit th blockade of Havana
and other nuf-h Cuban ports In a man
ner which nit win for him the ad
miration of tis superior officers and
the people a$ s whole. Here is a man
who by virtufof his commission is the
senior of bnt Sampson and Schley,
and yet repifrs to the former. Com
modore Schleis. on the naval register,
acting Rear j1miral Sampson's senior
by two numbr. and by the same token
Commodore Vatson ranks ahead of
Schley.
It is.probs
many that it I
dore Watson, I
who lashed
y r.ot rememnerf-a rjy
vas this same Commo-
en a young lieutenant.
'irragut to the ngeing
during the balie of Mobile bay. Tliat
incident of thl great struggle between
the states hint since became historic,
and poets andVrtists have found in it
the Inspirationlfor fome of their best
and most piild work. This is the
story briefly tJj:
The powt:fui confederate Ironcl.td
Tennessee at'a led the Hartford fierce
A Benefactress' Kind Act.
From the Evening .Vtu, littioit, Mich.
Mrs. John Tansey, of IV) Bi.KerStreft, Detroit,
Mk'liliian, lk one of t ! women who si war
know Just what to do in all trouble and ICK.oe.
Oue that it a mother to those in dUlreii. Ik
reporter she said:
I sm the mother of l children and have
rained elpht of them, heteral ear aico we had
a erloiiK tune with my daiiKhler. w hich Ix-paii
when he f alniut nixteeo yeart old. he did
Dot have any serious illnenK but leeined to Rrad
ually waste away HmvIok iievt-r had any cod
fiiniptloD In our family. a we come of good old
Irish and Scotch stock, we did out think It was
that. Otir doctor called the dlwase by ao odd
name which, as 1 alter ward learned, mraut lack
ol blood.
"It If Impossible to describe the feeim John
and I had as we ooticed our daughter slowly
pa-si lug away from u. We flually tound. how
ever, a uiediclue that seemed to help her, sod
MmI yf th Time She Wis C:'d f Cc i
il e t : J n
ly. Farragm tok up hi por'tr n In j fr. t' e first w r.. -1 n e-,c 'J,'!;;:) J r.
the port mi , riggipg. t"' -tv .-r (J ,'1 y to""r f' tr'-K .enl
.if..,, tl . , r" the fe-ht at,A nt ht-Al so rr-x" iUit-i'oTtid a wont
favor. Judgments are executed by th
son and J. H. Irvin for the sum
sheriff or some proper officer, actins .i8.38. The three defendants r1
By-4he first of these two provision
the state and Its board of nansi.r-
ui.der an appropriate writ. If the writ named are sureties on the official a 1". .!Le .llfil. . 1 ?uc JB
be withheld by the court the fruits ; , ,,,:.. Je I "- u,
rsiiruHu compaiiies ui me eiuie iu me
I I " . .nuiiaiii v. aB ruj " ------t
. - . . nd
is the right and duly of the supreme state reform school at Kearney
court to enforce its own Judgments, i tn petition alleges that th- as
The refusal of that court to issue
level named in the maximum rate bill
vholi zrt-ers. an oil ittiner. a cat-
tie dealer, fifteen or twenty capitalists
and others.
"There is a fine opportunity for
Omaha to establish a big business with
Galveston," said one of the gentlemen
a
writ of ouster i conclusive evidence superi
sued for was received by Mall.
ntendent during his in K
or below that level. The intention of of the party. "We are large
preme court and there a majority of
the court Judge John J. Sullivan dis
senting) decided in favor of Judge
Scott's decision, holding the law un
constitutional, but the court staved
the execution of their order of ouster
until the police commissioners could
apply for a new hearing. The gang
wnicn was after the police powers,
nowever. were impatient and under
took to force the police board out of
the wav and set up business for them
selves, hence the district court was ap
pealed to and Judge Keysor issued the
following order. This order simply
gives the fire and police commission
the usual rights of making a showing
wny an Injustice has been done and a
new hearing should be had.
The worst and most disreputable ele
ment In the republican party is bark
ing tne whole proceedings and the peo-
rie or Nebraska can well imagir. what
the gang consists of when it Is known
that even ex-Treasurer Bartley and ex
Auditor Eugene Moore and a number
of other convicted public thieves would
not be caught associating with them.
Judge Keysor's opinion is as follows:
This case comes before me as a Judge
sitting in vacation on motion for a
temporary Injunction. The material
facts are undisputed, and I will state
them briefly.
March ir. 1897. the governor of this
state, acting under the statute per
taialng to metropolitan cities, appoint
ed William C. Billiard. Daniel D. Greg
ory. Robert E. L. Herdman and James
' H. Peabody. who are the plaintiffs, as
members of the board of fire and police
commissioners.
They immediately qualified and en
tered on their duties as such, and from
that time to the present they have con
tinued to act as members of said board
end have been in possession of Its rec
ords and of Its rooms In the city hall
For convenience this board will here
after be designated as the "old board.
Subsequent to the appointment of the
old board the mayor and city council
believing that the law under which the
governor acted was unconstitutional.
and that the old board was an illegal
one. appointed Charles J. Karbach. Pe
ter W. Blrkhauser. Matthew W. Collins
and Victor H. Coffman as members of
the board of fire and police commis
sloners. These gentlemen filed thHr
bond and took the oath prescribed, and
became members of the new board
They demanded possession of the offices
from the old board, and were refused
In order to determine which was the
legal board, the attorney general of the
state began an original action of quo
warranto in the supreme court, mak
ing both boards parties to the suit.
June 23. 1898. the supreme court en
tered a Judgment In favor of the new
board, and adjourned sine die soon aft-
erward. The old board refused to sur
" render Its offices and records on the
ground that it had forty days in which
to file a motion for a rehearing. There4
upon the new board applied to the
Judge of the supreme court for a writ
of ouster, but its application was de
nied. Then the old board asked said Judges
for an Injunction to prevent the new
board from assuming to act as the
board of fire and police commissioners,
pending the hearing on the motion for
a rehearing. This said Judges denied.
as the proof shows, because the term
of the supreme court had closed and
because the district court, or the Judge
tnereor, couia oe appnea to ror su-J
relief. Vj
The new board then claimed
right. undr the Judgment of thf
preme court, to act a? the board ti.v
and police commissioners, and C .-
council passed resolutions declaj A
new board to be the only lawfi'r,-
requiring the police and firi . p
ments to recognize and ref t
new board, and announcing,,..
officer of the fire or PollreP-rtm'n
who should refuse to recrT " . '
the new board would Ve
bis pay during the Vrg m;
fusal and would be subjT '"f' 3,r.nJ
for insubordination. tTP0" ,h' 'J
board brought this '"J1'3'
the new board be enjftf CJ
or assuming to art. the boar? r,r
? toners, and from
fJVL, Lf f,?.TmXold board in the
IiitriirniiK mini .
in the supreme
disposed of.
fullv remove
.toe- uri-iM. s. , j- .,
JUon GrprllUK unm wur
uestions: First. Is tne
, y-eeding which the
Instituted, still pend-
t curt 7 becond. nas
a Judge thereof.
hernct'on prayed
"' v-.-.- . . . . .esc w ac
that they do not intend the new board ?r tne office and mat it was v ob.
to enjoy the fruits of that judgment 'onging to the state or .-ser Bale ot
until the motion for a rehearing is filed ta.ned by Mal'alieu from j m the
and disposed of. . " sugar beets and seeds so wa.
That court still has control of said
Judgment and of the means of enforc
ing it: and I am unable to perceive by j
what right or on what principle of law
the new board even if fortified by res
olutions of the city council may. in I
1 ... arJ thai V, . lOTlCy
never
over
in office. t Malialieu
The pennon recite-1 hooJ fop
was super.ntendent c, . c w
SI rarm. "a um turned I l"r "
r accounted for by h''1"" very inju
to the state nor tof tutieS5SOP panies. y
Judge Brewer was to restrain the en
forcement of the rates fixed in the bill
when taken as a whole, and not the
enforcement of any one of those rates
taken separately. It is not difficult
to see that while the enforcement of
all the rates as a body might result
consumers of your local products, and
if we can establish the necessary re
lations we can get together on a basis
that will be of benefit to both Omaha
and Galveston. You have packing
house products, grain, vegetables and
fruits. N e want them. Take apples
riously to the railroad com-j for instance. We consume a grea
quantity of apples every year, bu
never can get enough to supply the
demand. It s the same with cherries
raspberries and other small fruits
several years down t
It, iQ7 That In 1891 z010. ' I" .
.0ok possession
to the Ox-twenty-two
nara rer. s.. of $,
car loads of beets J le (,aJg t
'VJ:t In v93r" car ,uild3 at
!f1'',.4,.,n.r3-slve car loads at
at i i- t, J8. That of the total
car loads at Jl wnUn lnese
ar.ount of n
tets were !- L,q i.-.
M-iiaiiou hn accounted for Ja.009.10,
Malialieu na - 6 unaCf,,unted for.
L' ?.ift. out that in 1S92 Hal-
..- I.
endeied. -Nor do I think that it con- '-" su,l Jsy6 .id seeds to D. Lan- f"'
ers en the successful claimant t he j eef a,nd ,Lr arij cf the money re- !?"
ieht to enforce the Judgment him- d,etn, & f' gaies $43.72 was not "f
sj jf
Iitlon sets up that these beets
to Be Oxnard company and the
Id to the s-d firms were all
tan the farm at the institution
! effect, enforce taid judgment in its own
behalf.
The new board, however, claims the
right to act at this time by virtue of
section 711 of the code, which Is as fol
lows: "If Judgment shall be rendered in
favor of such claimant he shall be per
mitted to exercise the functions cf the
ofiice after he has qualified as required
by law."
I am of the opinion that the judg
ment referred to in this section is not
one that is subject to modification or
reversal on rehearing, but is a Judgment
that is final in the court where it is
rendered. Nor do I think that it con-
fe
r
self, for section 712 provider as follows
"The court, alter such Judgment
shall order the defendant to deliver s '
books and papers in his custody, or
ur.der his control, belonging to said of
fice."
This the supreme court has not yet
done, and until it does so order the old
board is entitled to retain possesion
thereof.
THE OLD BOARD IS RIGHT.
Under the decision of the supreme
court the old board is now and always
has been a board of de facto officers.
That a court of equity or a Judge
thereof, in vacation, has the right and
power to protec t ,a de , facto board in
the performance"' of the duties of Its
ofllce, pending an action ;i quo war
ranto, brought to test Its title to said
ofiice: is so clearly settled by reason.
common sense and the authorities cited.
IMl 1 pass on to consider wueiner or i o.k. .a, . t.0A-a w,..n.1
. , i I - . V fuau -' - - O
not i ougni to exercise me power m iiigs many restrictions as a boxing
mis .case. j lyfest under Queensbei ry rules. These
The members of the old board 2Tre sfulations. says Tit-Bits, which are
arpointed Un2er color or law. ineyer ,ne sanction of an the civilized
are in possession or tneir mce "ufcuntries of the world, are designed
nave periormeu ine ujurs menrui 'i0
yet the enforcement of one or
two of those rates might not work a
reduction in the total earnings of the
roads which would be unreasonable.
To illustrate, suppose the board of Now, if you people can put apples to
transportation desired to reduce the ( us at a reasonable price, we can take
rate on corn, or wneai. or came, or j many a canoau rrom you. we want
cei ved or-nese
a"n'rition sets up that these beets
sold
seeds
raiseu raisd bv the superintendent
and . 5 by Uim ard the money receiv
? . tim a sue' superintendent, and
fd .V,.KhJr"pe""-and the proceed, be.
1', , , turn mony received for
ff',el ,"redS over to the state
beeta an ' u p bund ar
he and lne.i. .1,1. .
. v,hcie Biaiv lot aiuuuiii
now sruu "
suit l-SJaseu on ine rrpni i iiiaue
V wie . ... t. ,i f M ,,f vial.
nuttee
lalieU v
ago.
A
t published several months
Ings Forbidden In War
perhaps, not generally realised
insure fair play for the combatants.
a year or more. They are naoie to j when it i9 intended to bombard a
suit for damages if they are fin? p)ate. due notice should be given, so
ousted. They ought r.ot to be d.stuw, u at a), women and children may be
in their office until t..ey have bey lemoVtd to a piaCe of safety: and every
fully heard as they desire and trgow Cjre mugt be ,aken to spare churches
permits. The old board cann'jJar(1 at . knEr,tai.. a. m,ii a. ii oharHable
surrender their o?h e to the nef own
without fatal prejudice to tj our
monon ror a rtiiraniis. ur', not
supreme court has held thate which
nscrn to a rnnien lor bu ered to
Has teen voluntarily u Is bound
the claimant. If the old W lo secure
to retain its office in a rehear-
its legal rights to a motfat ,t has lhe
Ing then it seems to thereof,
right to perform the lrir,
CAN'T INDORSE
io me piopu'Knard will not at-
torney tnai tne n nt.rrere witn the
te:npi Dy rorce a, Ka rH hot-will
possession of g of tne reCords and
without posse.-,.. BA tlMreablv at.
office room. q board of fire and po
sume to act ers. I cannot give my
lice commisjT a coure WOuld disor-
consent. urd notice derjartments.
ganize t "JTseriously affect their effi
or at ley ....i chlect the firemen
ciency. AneJi to an unnecessary and
and poif ,.y,rAro of masters and it
uncerjt b (reditable to the reputa
'i'U'z7r,ur rltv.
tienjf-.,. tv,c nolir-v of the law. fior
'Imiir.a to any principle of our gov-
arer.t. that two police boards should
''aiend with each other for supremacy
iwinning. In any way they can. the
,i1gianee of the firemen and policemen.
These servants of our city ought not
ho be called upon to nazara ineir po
sitions or their pay on a guess as to
which is the lawful board or as to
what the supreme court may do on a
rehearing of the quo warranto case, if
a rehearing should be granted.
It is the duty of the supreme court,
bv Its Interpretation of the law, to
decide which is the lawful board, and
it will finally do so. In the regular
course of legal procedure, and will, at
the proper time, either confirm ths
title of the old board or will, by the
power vested In it under the law, de
liver possession of the room, record
and the offices to the new Doara, wnicn
tempor;
answer
quo wa
attorney
Ing in
a court
power
for?
The I
way a?
the si
Ing w?
membi
clairjr.
a
c,
it- '
r 7'
VAC
until the case
urt shall be Anally
he old board 1 law-
m ofB'tT'
Mii?.i,'
-ran in no
i case In
.- .; 000
e t.uriofe- C Othe
SaD Juan tneXN-
. -utabce tnau
: 113" " " . '
tO "SID
or educational buildings.
AH chaplain, doctors and nurses are
protected in every possible way. and
are not to be taken prisoners or in any
way Injured.
Any soldier robbing or mutilating an
enemy Is liable to be shot without trial,
and death is the penalty for wounding
or killing a disabled man.
The bodies of the enemy are to be
carefully searched before burial, and
any articles found on them which
might lead to their identification are to
be sent to the proper quarters.
Explosive bullets must net be used,
and quarter must be given to the en
emy whether he asks for It or not. In
an attack on the enemy there must be
no concealment of the distinctive signs
of the regiments. Poisoning drinking
water is strictly forbidden.
CAT Tongues cmfwy shrdl shrdlu
The tongues of the rat family are
covered with recurving spines. In the
common cat these are small, but suf
ficiently well developed to give the
tongue a feeling of roughness. But in
the lion and tiger the spines are strong
enough to enable the animal to tear
away the skin of a man's hand by
merely licking It.
JOKELETS.
Lawyer Have you any evidence that
the miscreant had previously attempt
ed your life?
Client Positive evidence, sir. I can
bring more than fifty witnesses who
will swear that they heard him ask
me to umpire a baseball game. .
First Sailor That rope should have
had more sense than to break.
Second Sailor How could a rope have
sense?
First Sailor Well. It was taut.
Grlnkham They say that In a battle
over one hundred bullets are fired for
will then be entitled to act as a board every one that takes effect.
cf fre and police commissioners. Crunchem (the motorman) Very like-
I am firmly convinced that tne oia . y. i sometimes pass as high as two
beard Is entitled to the temporary in
junction prayed for. and the motion,
therefore, will be sustained.
THE COURT'S ORDER.
The requireel bond was filed and
Judge Keysor issued the following or
der: In the district court in and for
Douglas county. Nebraska. William C.
Hullard et al., plaintiffs, vs. Frank E.
Moores et al., defendants Order.
On this 12th day of July. A. D. 1898.
this cause came on for hearing In va
cation before Hon. W. W. Keysor. one
of the judges of the district court of
the Fourth Judicial district .of the
state of Nebraska, upon an applica
tion by the plaintiffs for an injunc
tion against the defendants, restrain
ing the said defendants, and each of
them, from acting, or assuming to act.
ss members of the board of fire and
Police commissioners of the city of
ilia lid. biiu rescraiiiiiiK 1111; bbiu uc-
ittt .MiinZ t",i .Ai . ivjants, victor n. jonman. narie
- "cbinfc tlp!'r- AeDiaa snes. XV- Blrkhauser. from Interfering,
dV 11 t cor harassing the said plain-
J tibklPK - if)vrY . laabiOBUnXercise of the duties of the
".i.nlih' it vf W . or he-nd police commissioners
y k oU lr i uo. -SlSter, SO UBlm2'h ur,on COnldera-
. r 1 - . itv ti
direction -ej
Tbe expe the petition are
that tbe piain-
known
hundred people before I hit one.
Rich Patient My money worries me
greatly. What shall I do, doctor?
Doc-tor Oh. that will come all right.
I will relieve you In a very short time.
"Sir," said the young man. "I wish
to marry your daughter the flower of
your family."
"Are you sure," queried the old man,
"that it Is not dough you are after?"
Gobang I believe that I will haye
burglar alarms put in the house.
Mrs. Gobang Gracious! What for?
Don't the thought of burglars alarm
you enough?
Spykes I'd enlist for the Spanish war
if It were not for one thing.
Spokes What is that?
Spokes I don't knew who would pay
the remaining instalments on my new
wheel.
HE Remembered the Occasion
Mrs. Benham Every man makes , a
fool of himself at least once.
Benham Will you ever stop twitting
me about my marriage?
"Was it her first. proposal ?
"I am sure It was. She told ot It as
an admission, not as a boaat.
merchandise. It might do so and yet
not so affect the total earnings of the
companies as to make the reduction
unreasonable. The decree as entered
prohibited the state board from mak
ing such reductions.
This prohibition, however, was but
significant when compared with the
other provision referred to. That pro
vision restrained the railroad compa
nies of the state from reducing any of
the rates which they had in force at the
time the decree was signed. By this
provision was taken from the Iegis-
re and the board of transportation
right to ever reduce railroad rates
below what they were in isas. whetn-
er those rates were reasonable or un
reasonable was not a subject of Inves
tigation In the trial of the case. The
only rates which were Investigated were
the rates named in the maximum
freieht rate bill, which reduced the
rates then In force 30 per cent. Judge
Brewer said that that reduction was
unreasonable.- but he did not say that
the rates then In force were reason
able, nor did he say that a reduction
of those rates 10 or 15 per cent would
be unreasonable. Nowhere in his opin
ion can there be found any warrant for
saying that one, or two. or three of
'.he rates then being charged by tne
companies might not be reduced not
only to the level named In tne max
imum freight rate bill, but to a point
much below that. Yet this decree as
entered prohibited the reduction of any
rate charged in 1894 by the railroad
companies. At a glance it can be seen
that If that decree was permitted to
stand the legislature could not cut any
one of those rates 1 per cent. The rate
on cattle might be most unreasonable,
and so might It be on wheat, or corn
or merchandise. In a word on the things
which the people of the state are prln
cipally Interested In. but the legis
lature would be powerless to grant
any relief, even in the smallest degree.
It was a clever trick on the part of the
attorneys representing the railroad
companies to have those two provisions
Jncorporated In the decree. The trick
was very nearly successful, and if it
had been the people of this state would
have lost for all time their right to
regulate in any respect the freight rates
of the railway companies or mis state.
How did these two provisions come
to get Into the decree? Why did the
court permit them? The answer is
plain. The decree as drawn, was. be
fore the Judge signed It. submitted to
Mr. Johi L. Webster, the $10,000 as
sistant of Attorney General Hastings,
and was by him approved. With his
approval, and no objection from the
attorney general, the court supposed
the decree was in accordance with
Judge Brewer's opinion and signed it.
When the supreme court handed
down its decision in March of this
year. Attorney General Smyth discov
ered these two provisions In the de
cree and saw the disastrous effect they
would have If permitted to remain
there. He called Mr. Webster's atten
tion to them. That gentleman ad
mitted their Importance, but said
nothing could be dene, and rerused to
make any attempt to have them elim
inated. The attorney general, how
ever, was not satisfied with this course
of procedure and took steps at once
to arply to the supreme court to have
the decree modified. He prepared the
necessary papers and argument and
proceeded to Washington and submit
ted the matter to the court. In a short
time thereafter the court decided that
his position was correct, and that both
provisions should be eliminated from
the decree.
As the decree now stands It Is with
in the power of the Board of Transpor
tation to do anything it may desire to
do within reason with respect to the
freight rates of the railroad compa
nies, except the enforcement of tin
maximum freight rates as a body. The
board may reduce the rate upon corn,
upon cattle, or wheat or merchandise,
or any other commodity if. in its opin
ion, the rates thereon are too high
Prior to the obtaining of these mod
ifications the board was powerless to
do anything with respect to rates. The
Omaha Bee and other republican or
gans persistently attacked the board
because It did not reduce rates and
give the people relief on this commod
ity or that, but the?e papers well knew
that it was not the board's fault that
relief was not granted The fault rest
ed with the decree of Judge Dundy.
which decree was entered with the
consent and through the connivance
of republican officials If. therefore,
the board of transportation, has done
nothing to relieve the people of the
state against the unjust rates charged
by the railroad companies, it Is not Its
fault, but the fault of .-Us republican
predecessors Joe Johnson. W. A Dil
worth and J M Kour.H
Immediately upon the supreme court
granting the modification, which was
done about the middle of May. the
board of transportation proceeded vig
orously to the work of Investigating
the rates being charged by the ainerent
companies, and it is expected that with
in a short time an order will be en
tered granting material relief to the
people. "Why didn't the board make
this Investigation before?" says some
republican howler. Simply because the
raiiroad companies refused to permit
It to do so. on the theory that the de
cree as It then stood remained too
board from acting.
your grain for consumption and for
export. We don t raise enough wheat
or corn In Texas to meet the local de
mand. Your packing house products
can be handled by us in immense
quantities. Mr. J. Purcell of Purcell
Co. of our city wants to secure ship
ments of apples. Mr. J. P. Joughn. Mr.
Henry Stern and some of the others in
our party can handle your packing
house stuff. Mr. T. J. Kelly and Mr
J. W. Jockusch of Jock use h. Davison
& Co. are in the grain business.
"On the other hand we want to fur
nish yellow pine and cypress to you
Mr. Charles H. Moore of the Lock-
Moore & Co. (limited) and Moore &
Goodman is one of the largest lumber
manufacturers and dealers In America
Mr. J. F. Grant of our party is a lum
ber dealer of long experience. We will
buy more commodities from you than
you will frcm us. Our section of th
country Is one that your business men
ought to give attention to, especially
as we are on the eve of one of the
greatest commercial waves of ex
pansion that America ever experl
enced. Your wide-awake merchants
must realize the fact that the
gulf ports are going to do the bulk of
the trading with the West Indies.
"When the war closes there will be a
widening cf commerce on the Gulf cf
Mexico that will tax the facilities of
all the seaport towns of Texas, and
Louisiana. Already our people at
Galveston are trying to charter vessels
for the Cuban trade. The Mallory line
the Lone Star line, the Morgan line and
the Cromwell line will have steamers
in the Cuban and Porto Rican trade
and. I understand, the Kansas City.
Pittsburg & Gulf will have both pas
senger and freight steamers in ser
vice between Port Arthur and our new
gulf possessions.
NICARAGUA CANAL CERTAIN.
"But great as will be our trade with
Cuba and Porto Rico, large as will
grow the exports of grain and other
trans-Mississippi products to Europe,
we believe that the building of the Ni
caragua canal will give to the gulf
ports a commerce immeasurably larger
and greater. The Nicaragua canal is
a certainty. This war the voyage of
the Oregon settled that. It would
be well for the merchants of Nebraska.
Kansas, Iowa and Missouri to be alert
to the development that is coming
along the shores of the Gulf of Mexico".
The well informed business men of
Omaha realize that the heaviest and
most important shipments over north
and south lines to the Gulf of Mexico
are our farm products. If these pro
ducts could be secured their natural
rights in the matter of transportation
it would be the means of keeping many
millions of dollars here at home In the
pockets of the producers, which, under
the present system of transportation, is
filched from them and unjustly taken
to the already overfielled coffers of
eastern and foreign industrial bond
holders.
ciirei t an i on ins men. iji-u-
ter:nl Wats--ft. seeing the great dan
ger to which th intrepid admiral was
exposing hiirif- procured a rope and
la.shed him-eif his plate. In a letter
which Lieutenark Watson wrote to his
mother after thd battle he mentions in
detail the recklejs bravery of Farragut,
and adds:
"At length I 1 ished him to the rig
ging with my vn hands, having in
vain begged hin not to stand in such
an exposed placn"
The relations ihich existed between
Admiral Far rage I and his flag lieuten
ant were of the -nost affectionate de
scription. In hl official report of the
Mobile battle F irragut show ed w hat
he thought of yc rng Watson:
"Lieutenant WStson." he wrote, "has
been brought to jour attention in for
mer tinies. He vas on the poop at
tending to the s ?nals, and performed
his duty, as mii?t be expected, thor
oughly. He is ai scion worthy of the
noble stock fromkhich he sprang, and
I commend him tt your attention."
There is no betr blood In the navy
than flow s in thef veins of Commodore
Watson. He wai born in Frankfort,
Ky.. August 24. 42. His father, Ed
ward Howe Wat. -on. was a skilled and
popular physician of the old 6chool,
and his mother. Sarah Lee Crittenden
Watson, was a daughter of John Jor
dan Crittenden. th famous Kentucky
statesman, rival of Henry Clay, govern
or at one time of Kentucky and at
torney general In William Henry Har
rison's cabinet. 1
Governor Crittenden's first wife was
Miss Sarah Lee. Some years after her
death he married the widow of John
Harris Todd. By his first wife he had
a large family, including General Thos.
L. Crittenden of the United States
army. Among the children of his sec
ond wife was Henry I. Todd, a well
known Kentucklan and father of Chap
man C. Todd. U. S. N.. now command
ing tbe gunboat Wilmington of Com
modore Watson's fleet. Another of her
sens was George R. Todd, former mayor
of Louisville, Ky.
Commodore Watson was married In
1S73 to Miss Elizabeth Thornton, a dis
tant connection, and daughter of Judge
James Thornton of San FraneUco. The
result of this union was eight children.
seven of whom are living. The eldest
son. John Edward Watson, is an ensign
in the navy and Is now attached to the
cruiser Detroit, commodore Watsons
naval career has been a notable one.
He was Immediately assigned to the
rank of midshipman, and August 15
joined the Husquehanna in that capac
ity for a cruise to Europe. While he
was abroad the civil war broke out.
and he returned at once to take part
in It.
He w-as promoted to the rank of mas
ter August 31, 1 SCI . His career as a
fighter did not really begin, however,
until January in. 1S62, when he was or
dered to the Hartford as navigator.
This was Admiral Farragut's flagship.
He was commissioned a lieutenant July
16. 1863. and In January. 1S64, he was
made flag lieutenant to Farragut. He
was at the battles of New Orleans, Mo
bile bay. Vieksburg and' Port Hudson.
In a letter to his son Loyal during the
ivar. Admiral Farragut tells him of
Watson's volunteering to slip off and
blow up a blockade runner. Among
other things he says:
It was an anxious night for me, as
I am about as fond of Watson as I am
of your own dear self."
The shin referred to by Farragut was
burned blown up as effectually and
completely as was the Merrimac the
other day by heroic Hobson and his
equally heroic crew.
At the close of the civil war Lleuten-
ant Watson was ordered to the Colo-
ado, on the European station. He wa
made lieutenant commander July !6.
1866: commander January 23. 1874: cap
tain March 8. 18S7. and commodore No
vember 7. 1897. During the last thirty
vears he has commanded a number of
the best ships In the navy and held im
portant posts on shore. His wife and
unmarried children reside at the Naval
Home in Philadelphia, of which Insti
tution he was governor for a number of
years. New York Herald.
r.i.!d!r aul kooii ws In trl- hau. !
liiedk lrm iited wn !r. W lHimrn' 1 ihk tills fur
mi l-m.i. 1 liv always kept ltir bill la
tun house kluce and hare reooiiiinended them to
many eoe. 1 linve told many mothers about
them and they have effected some wonderful
cures.
"Krery mother In this land should keep thess
pills lo the bouse, as they srs good for many
ailments, particularly those arising from Im
poverished or diseased blood, and weakened
nerve force."
"What Is the charge?" said the Judge.
"The accused," responded the prose
cuting attorney, "had two wives, and
on the 3d of September last he took
his revolver and shot both of them."
"Humph!" observed the court, "thers
Is something I don't understand about
that."
"What Is It, your honor?"
"How could any man with two wives
have a revolver without shooting him
self?" Elsie Is It cool where you're going
this summer?
Pussle I'm afraid not. Name does
n't sound like It.
"Why, how's that?"
"Oh. I heard mamma ask papa where
he thought we'd better go for our va
cation and he said to Blazes. Were
you ever there?"
Myra, aged 6, came home from her
first day at Sunday school with a wise
air.
"Well, I know one thing, mamma; 1
know what folks are called when they
do wicked."
"And what is that, Myra?" -"Cinders!"
replied the little wisacre.
promptly.
Cholly I really don't know what Miss
Caustic meant, doncherknow.
Cholly I awsked her If she didn't
think I made good company, and she
said I left nothing to be desired.
Bobby Pop, does "missive" mean a
letter?
Fond Parent Ye. Bobby.
Bobby And does "sub" mean under?
Fond Parent Right, Bobby.
Bobby Then "submissive" must
must mean a postscript, mustn't It?
Warlock For a man with a reputa
lon as a profound thinker and reader,
Bottomwell Is disgustingly ignorant.
Havelock Nonsense: He is known as
one of the most erudite men In this
country.
Warlock Well. I heard him say he
dldp't know the difference between a
first and second-class battleship.
Mrs. Naborly So your name Is the
same as your papas, Harry?
Harry Yes'm.
Mrs. Naborly How do you know
vhen your mamma calls who she
means?
Harry Oh. she always calls me kind
of coaxing.
Live Stock Business Crowing.
Omaha. Special The success of the
ive stock display at the Trans-Mis
sissippi exposition Is no longer prob
lematical. Over 200 exhibits from all
sections of the west have now secured
space, and the Indications are clear
that this feature of the exposition will
stimulate the live stock industry in
the west to an extraordinary degree.
Breeders of all classes have become
quite enthusiastic on the subject. The
Dakotas. Montana. Idaho. Oregon, Ne
vada. Utah. Colorado and Missouri are
contributing the cream of their fine
stock to the exposition.
As if to encourage the cattle indus
try of the Trans-Mississippi region, P.
D. Armour's great packing plant at
South Omaha has Just opened for busi
ness, adding Its daily capacity or 10.000
hogs. 2.000 cattle and 5.000 sheep to
the consumption of the market of the
west. This will add at least one-fourth
o the market advantages of the Mis
souri valley and the cattle breeders.
stock men and the Industry generally
will profit by the Improved market
conditions. With Hammond. Cudahy.
Armour. Swift and the Omaha plants
competing for hogs, cattle and sheep
on the South Omaha market, the trade
n this section will be given such an
mpetus that the Trans-Mississippi re
gion will have no occasion to depend
upon the eastern markets for the con
sumption of Its live stock. Practical
stockmen expect to see the local mar
ket increase at least one-fourth within
the next six months. To do this, how
ever, the production of hogs, cattle and
sheep In the Trans-Mississippi states
n-t)l kat-a t n nrnnArMnnatplv tnorpflce.
but It is confidently believed this will Mr. Speckled Trout-I suppose I
be the case, for It means better prices might as well let my accident policy
and a home market. The present pro- run out for a while now.
portions of 13.000 head of cattle. 25.0M I Mrs Black Bass-Why. what ever put
hogs and 20.000 sheep, the daily capacity . tha ,dea Into your he?d?
cf the yards, has been reached In four- I Oh. summer vacation now, you
teen years. With the Impetus the ex- know- there II be nothing but city
i. .rw.to t viv tv,4 tnrina. 'men fishing out here for the next
HilllllllLpli
Summer
Tourist
Rates
now in effect to Colorado, Yellowstone
Park, Black Hills, Montana and
Utah. Surprisingly low only t25 for
- . . -
I the round trip Omaha to Derjver,
Colorado Springs, or Pueblo; 155 to
bait Lake City; fUl to Helena or
Butte. Get fuil information from
nearest ticket agent or write to
J. Francis, General I'asseuger Agent,
Omaha, Neb.
r. S. If you go weft via Omuha and the
BurlinKton Route, you can stop oil auid M
the Trans-Mississippi Exposition.
A Hanover postage stamp dealer
named Decker, known throughout tier
many as a high philatelic authority,
has been sentenced to a month's Im
prisonment for embezzlement He sub
stituted less valuable stamps for these
sent to him for his expert opinion on
their genuineness and value.
Aeent wanted to sell a oew pt... souse
hold article. Add rex J. C. I.SAkSO. Lock
lk)i cC'j. Chicago, ills.
RAIfJT r WALLS & CEILINGS.
CALCir.lO FRESCO TINTS
FOR DECORATING WALLS AND CEILINGS fSf.rg.Til CnldmO
Miat daalar aad do rear owl k!omlnin. Tbta matarial ia mada aaianlifta anaclpiaa at aia
ckiaan aad aililwl ia taeatr-four tiata aad ia snparior to ooaaoctloa el Ulaa aa w aJUa iaaS
aaaoaaiblr bamadabr haad. ISsil4 alii IW4 Wuw.
nrSEIS rSt SAMPLE COt.Oat OAKDS aad tf yea eaanot pareaaaa this malaria from row
loosi daaian let a kaow aad wa will pat joa ia tha war of obtaiaias is.
THK MURALO COMPANY. NEW BRIGHTON. 8. I.. NEW YORK.
try. the live stock business of the
Trans-Mississippi region Is expected to
double In the next few years.
month or two."
To kiss,"
bliss.
"To kiss."
miss.'
quoth he, "is rapturous
said she, "necessitates a
The heat was so Intense In New York ,
automatic fire boxes sent In a number "To kiss amiss." protested he.
. . a aft (fa Sft SB SB1 7 tft t IasS
r raise alarms, xne mercury regis- T .7 . . v
teret. 100 degree la the shad. mi" responded aha
Wit
NatbawarS Miller Etaaaratla Paat
Fs kills Ilea and ml km aa poaltrr aiab
ioa Iba ba lar mora Iraalr. aad aids
baalcb. eon fort aad baaaiv to lb. faa-la.
At a-roMr. dri.t ar factart . 10
aach. l Uu Uoi bipra arapud .
AaaaUwaatad. UlNi i ll IXNIIit.
NUMtfir & MllUS, . !.
O. P. Co., Omaha,
No. 30. 1808
T rlutrinta AullSi JAItf I
I I Boat Coueta Bjrua. Taalaa Ouud. DaS I I
I I In lima Sold bt dra-iaa. t I
. 1
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