THE * RAILROAD BILL. "
Fill Text of the Measure as Passed
by the Legislature.
Ab Act te Kegulat * Kallroadf , Frevcnt
Unjust Discriminations , Provide for a
Beard , of Transportation and D flno
JU Dutiei , and to Repeal Articles S and
, Chapter TJt , Entitled Itallroads , of
the Kavised Statut , aad all Acts la
Cosxlct.
• iteB&ctedby the legislature of the state of
, Nebraska.
' Section 1. Tk&t the provisions of this act shall
apply to our common carrier or carriers engaged
io the transportation of passengers or property
by railroad , under & common control , . manage-
Du-nt or arrangement for a continuous carriage
or enfpment from any point in the state of Ne
braska to any other point in Eaid state. The
ttrm "railroad" as used in this act shall Include
the road In use by any corporation operating a
railroad , whether owned or operated under a
contract , agreement or lease , and the term
"transportation' * shall include all instrumentali
ties of shipment or carriage. All charges made
lor any service rendered or to be rendered in the
transportation of passengers or property as
uf orrsaid , or in connection therewith , or for the
I receiving , delivery , storage or handling of such
property , shall be reasonable and just , and every
unjust and unreasonable charge for such service
is prohibited and declared to be unlawful.
Sec. 2. That if any common carrier subject to
the provisions of this act shall directly or in-
directly by any special rate , rebate , drawback or
other device , charge , demand , collect or receive
from any person or persons a greater compensa-
lion for any service rendered , or to be rendered
in the transportation of passengers or property
subject to the provisions of this act , than it
charges , demands , collects or receives from any
other person or persons for doing for him or
them a like and contemporaneous service in
the transportation of a like kind of traflle under
Milstantially similar circumstances and condi-
tiona , such common carriers shall be deemed
guilty of unjust discrimination , which is hereby
prohibited and declared to be unlawful.
Sec. a. Tliat it shall be unlawful for any comI
men carrier subject to the provisions of this act
U > make or give any preference or advantage to
any particular person , company , rtrm , corpora-
lion , or locality , or any particular description of
traffic , in any respect whatsoever , or to subject
any particular person , company , firm , corpora-
tion or locality , or any particular description of
traflle to any prejudice or disadvantage in any
rwpeot whatsoever. Every common carrier
subject to the provisions of this act shall , accord-
ing to their respective powers , afford all reason-
able , proper and equal facilities for the interI
vhonge of traflle between their respective lines ,
and for the receivingorwarding ana delivering of
passengers and property to and from their sevt
ral lines and those connecting therewith and
shall not discriminate in their rates and charges
between such contracting lines ; but this shall
not be construed as requiring any such common
carrier to give the use of its tracks or terminal
facilities to another carrier engaged in like busi5
cess.
Sec 4. That it shall be unlawful for any comr
mon carrier subject to the provisions of this act
to charge or receive any greater compensation in
the aggregate for the transportation of passend
gers or of like kind of property , under substanti-
ally similar circumstances and conditions for a
shorter than for a longer distance over the same
line , in the same direction , the shorter being ina
eluded within the longer distance ; but this shall
not be construed as authorizing any common
carrier within the terms of this act to charge and
receive as great a compensation for a shorter as t
for a longer distance : Provided , however. That
upon application to the board appointed under
the provisions of this act , such common carrier
may , in special coses after investigation by the
! > oard be authorized to charge less for longer s
than for shorter distance for the transportation
of passengers or property ; and the board may
* from time to time prescribe the extent to which
I i puch designated common carrier may be relieved
i l' . ' from the operation of this section o this act.
I a Sec. 5. That it shall be unlawful for any comp
j & l union carrier subject to the provisions of this o
5 R ! act to enter into any contract , agreement or comji
; jf : binotion with any other common carrier or caro
j { § i riers for the pooling of freights of different and
I if ' competing railroads or to divide between them
& J the aggregate or net proceeds of the earnings of s
j II such railroads orany portion thereof ; and in any c
i I case of an agreement for the poolingof freights c
I as aforesaid , each day of its continuance shall a
11 bo deemed a separate offense. I
I } Sec. 6. That every common carrier subject to a
I J the provisions of this act shall print and keep for h
I ! public inspection schedules showing the rates and li
§ i fares and charges for the transportation of pasv
yj | sengers and property , which any common carrier c
! ! has established and which are in force at the ti
time upon its railroad , as defined by the first secr
tion of this act. The schedules printed as aforep
said by any such common carrier shall plainly g
state the places upon its railroad between which a
property and passengers will be carried , and c
shall contain the classification of freight in force o
! upon such railroad , and shall also state separate ! v
the terminal charges and any rules or regulations b
i . § which in any wise change , affect or determine 6
J any part of the aggregate of cuch aforesaid rates ii
f and fares and charges. Such schedules.shall be c
printed in large type , of at least the size of ordinn
' ary pica , and copies for the use of the public c
. shall be kept in every depot or station upon any p
such railroad , such places and in such form that u
they can he conveniently inspected. No advance a
; shall be made In the rates , fares and charges p
which have been established and pubit
i lished as aforesaid by any common car" b
rier. in compliance with the requirements ti
K of this section , except after ten days' public h
[ notice , which shall plainly state the changes tl
proposed to t > e made in the schedule then in
force , and the time made in the schedule then in B
force , and the time when the increased rates. |
I fares , or charges will go into effect ; and the proa
j S posed changes shall be shown by printing new 5
: E schedules or shall be plainly indicated upon the Dl
i j | schedules then in force at the time and kept for 3
' , public inspection. Reductions in such published a
s rates , fares or charges may be made without s
; 9 previous public no'ice ; but whenever any such 0-
S reduction is made notice of the same shall be
5
jw publicly posted and the changes made shall im- fC
{ S mediately be made public by printing new n ;
flj schedules , or shall immediately be plainly indit x
SH rated upon the schedule at the time iu force and
:
9b kept for public inspection. And when any such
i fXj common carrier shall have established and pubtn
; IE Hsh d its rates , fares and charges , in compliance a
I ! with the provisions of this section , it shall lie unlv
1 Mj lawful for any such common carrier to charge , p
\ Xt demand , collect or receive from any person or •
I Xg persons a greater compensation for the transpor- „
* Kg iation of passengers or property , or for any serj
i Wti vices in connection therewith , than is specified in -i
: njj such published schedule of rates , fares , and p
i $1 charges as may at the time be in force.
j If Sec 7. That every common carrier subject to m
J SB me provisions of this act shall file with the board - \
' Kj aerinafter provided for copies of its schedules of -j
j 9 ? rates , fares and charges which have been estab-
i X lished and published in compliance with _
i | k me requirements of this section , and aJ
1 MS .hall promptly notify said board of "
m& changes made In the same. Every such com-
' flK mon carrier shall also file with said board copies
, B of all contracts , agreements or arrangments with
' H > her common carriers in relation to any traffic 'l
H affected by the provisions of this act to which it j
jpH " may be a party ; and in "cases where passengers jj
BJ * d freight pass over continuous lines or routes Pi
K cperated by more than one common carrier , and "
E the several common carriers operating such ?
HB lines or routes establish joint tariffs of rates , or '
H | fares , or charges for such continuous lines or ?
H routes , copies of such joint tariff shall also , in like "
manner , be filed with said board. Such joint rates , ? J
H fares and charges on such continuous lines so t >
HB filed as aforesaid shall be made public by such ' '
HB common carriers when directed by said board , in ' }
Bf so far as may , in the judgment of the boaid , be z. is
BJ deemed practicable , and said board shall from ' "
BJ time to time prescribe the measure of publicity P
BJ which shall be given to such rates , fares and "
BB chargesortosuch part of them as it may deem ,
B it practicable for such common carriers to pub- • '
BJ list , and the places in which they shall be pub- * '
n uhed ; but no common carrier party to any such v
Bflj joint tariff shall be liable for the failure of any j *
K other common carrier , party thereto , to observe °
BB and adhere to the rates , fares and charges thus q
J made and published. .
_ , , , , a
B If any such common carrier shall neglect or re-
B fuse to file or publish its schedule of rates , fares
H and charges , as provided In this section or any "
B part of the same , such common carrier shall in
J addition to other penalties herein prescribed , be J *
BC subject to a writ of mandamus , to be issued by ?
H any district court in the judicial district wherein In j
the said common carriers are situated , or wherein "
Bl such offense may be committed , to compel com- } J
B oliance with the provisions of this act and such
Bl wri * shall issue in the name of the state on tfto re- *
lotion of the board provided for In this act , and a
failure to comply with its requirements shall be °
tjunishable as and for a contempt , and the said
board as complainants , may also apply In any °
tourt of competent iunsdicUon for a-writ of in- °
juncUon against suci common carriers , . to re- J ;
H ii dn such common earners from receiving oc V
M traMPOrtingproperty as mentioned In the first *
! l noftfisactunUl such oornmon carriers °
ve plted with the afo dd provisions P
' of Seffi'lt8haUb9 unlawful for any com- to
m m arrier subject to the provisions of this act
B rDressed or Implied , to prevent by change J ;
I devices , the carriage of freights .
or
other means
M Sif iSinpeontlnuousfrom the place of ship- "
I tS uW toationI d o _ breakof IV
B
Bji * h < i a. i i i > iiii . " " " ' " " " " "Wlif dH "iba * sa3ss aw
K MBa j HflBBBBBBBBBBBBBBBBl
duik , stoppage or interruption mane ny sucn com
mon carrier snail prevent the carriage of freight
from being treated as one continuous carriage
from the place of shipment to the place of desti
nation unless such break , stoppage or interrup
tion was made Ip good faith for some necessary
purpose , and without any attempt to avoid or
necessarily interrupt such continuous carriage or
to evade any provisions of this act.
Sec. 9. That in case any common carrier sub
lect to the provisions of this act shall do , cause to
be done or permit to be done , any act , matter , or
thing In this act prohibited or declared to be un
lawful , or shall omit to do any act , matter or
thing In this act required to be done , such com
mon carrier shall be liable to the person or per
sons injured therebr for the full amount of dam-
* ge sustained In consequence of any such viola
tions of the provisions of this act , together with a
reasonable counsel or attorney's fee to be fixed
by the court in every case of recovery , which at
torney's fee shall be taxed and collected as part
of the costs in the case.
Sec 10. That any person or persons claiming
to be damaged by any common carrier , subjeot
to the provisions of this act , may either make
complaints to the board as hereinafter provided
for , or may bring suit in his or their own behalf
for the recovery of the damages for which such
common carrier may be liable under the pro
visions of this act , in anycourt of competent juris
diction : but such person or persons shall not have
the right to pursue both of said remedies , and
must in each case elect which one of the methods
of procedure herein provided for he or they will
adopt. In any such action brought in the dis-
trict court for the recovery of damages , said
court may compel any director , officer , receiver ,
trustee or ngent of the corporation or company ,
defendant in such suit , to attend , appear and
testify in such case and may compel the produc
tion of the books and papers of such corporation
or company , i > arty to any such suit. The claim
that any such testimony or evidence may tend to
criminate ( the person giving such evidence , shall
not excuse such witnesses from testifying ; but
such i evidence or testimony shall not be used
against ; such person on the trial of any criminal
proceeding. ;
Sec 11. The attorney general , secretary of state.
auditor i of public accounts , state treasurer and
commissioner of public lands and buildings shall
constitute < a board of transportation , which board
shall : have power by.a four-fifths vote to appoint
three secretaries to assist in the performance of
the i duties of said board , and they shall each be
paid | a salary of $2,000 per annum. Not more
than I two of the secretaries shall be appointed
from i the same political party. The secretaries
of the board shall take the oath of office pre-
scribed for state officers , and shall enter into
bonds I , to bo approved by the governor , in the
sum of $10,000 , conditioned for the faithful perJ
fonnance I of their duties. No persons in the em-
ploy | of any railroad corporation , or holding
stock in any railroad corporation , shall be em-
ployed j as secretary.
Sec 12. That the board hereby created shall
have 1 authority to inquire into the management
of the business of all common carriers subject to
the t provisions of this act , and shnli keep itself
informed i as to the manner and method
in i which the same is conducted , and
shall have the right to obtain from such
common carriers full and complete
information I necessary to enable the board to perf
form the duties and carry out the objects for
which it was created ; and for the purposes of
this act the board shall have power to require the
attendance and testimony of witnesses and the
production of nil books , papers , tariffs , contracts ,
agreements and documents relating to any mat-
ter under investigation , and to that end may
invoke I : the aid of any of the district courts in this
state or of the supreme court , in requiring the at-
tendance and testimony of witnesses , and the
production of books , papers and documents
under the provisions of this section ; aud any
court of competent jurisdiction , within the jurist
diction of which such inquiry is carried on , may ,
in case of contumacy or refusal to obey a sub-
poDna issued to any common carrier subject to
the provisions of this act or other person , issue
an order requiring such common carrier or other
r to appear before said board and produce
Cerson
h ooks and papers if ordered , and give evidence
touching the matter in question ; and any failure
to obey such order of the court may be punished
by such court as a contempt thereof. The claim
that any such testimony or evidence mny tend
to criminate the person giving such evidence
shall not excuse such witness from testifying ; but
such evidence or testimony shall not be used
against sjich person on the trial of any criminal
proceeding.
Sec 13. That any person , firm , corporation or
association , or any mercantile , agricultural or
manufacturing society , or any politic , or municie
pal organization complaining of anything done or
ommitted to be done by any common carrier subi
ject to the provisions of this act , in contravention
of the provisions thereof , may apply to said board
by petition , which shall briefly state the facts ;
whereupon a statement of the charges thus made ,
shall be forwarded by the board to such common
carrier who shall be called upon to satisfy the
complaint or to answer the same in writing within
reasonable time , to be specified by the board.
If : such common carrier within the time specified.
shall make reparation for the injury alleged to
have been done , said carrier shall be relieved of
liability to the complaint only for the particular
violation of law thus complained of. If such
carrier shall not satisify the complaint within the
time specified , or there shall appear to be any J
reasonable ground for investigating said com-
plaint , it shall be the duty of the board to investiI
gate the matters compla 'ined of in such manner
and by such means as it shall deem proper. No
complaint shall at any time be dismissed because
of absence of direct damage to the complainant.
Sec 14. That whenever an investigation shall
be made by said board , it shall be its duty to make s „
report in writing it respect thereto , which shall
include the findings of fact upon which the cont
elusions of the board are based , together with its
recommendation as to what reparation , if any , t
could < be made by the common carrier to any J
party or parties who may be found to have been _
injured ; and such findings so made shall here- }
after , in all judicial proceedings , be deemed _
prima facie evidence as to each and every fact t
round. All reports of investigations made by the
board shall bo entered of record , and a copy j
thereof shall be furnished to the party who may
tiave complained , and to any common carrier t
that may have been complained of.
Sec 15. That if in any case in which an investif
Ration shall be made by said board it shall be u
made to appear to the satisfaction of the board , g
sither , by the testimony of witnesses or other evi- a
ience ( , that anything has been done or omitted to t
ae done in violation of the provisions of this act , s
ar ] any law cognizable by said board by any coma
non carrier , or that injury or damage has been a
sustained by the party or parties complaining , or t
ay other parties aggrieved in consequence of any c
uch { violation , it shall be the duty of the board to a
'orthwith cause a copy of its report in respect p
hereto to be delivered to such common carrier , p
> gether with a notice to said common carrier to t
ease and desist from such violation , or to make u
reparation for the injury so found to have o
seen done or both , within a reasonn
ible ] time , to be specified by the board ; and if , c
ivithin the time specified , it shall be made to apa
sear , to the board that said common carrier has u
eased from such violation of law , and has made c
-eparation for the injury found to have been r
lone , , in compliance with the report and notice of n
he board , or to the satisfaction of the party comri
rfnining ] , a statement to that effect shall be en- v
ered of record by the board , and the said com0
non carrier shall thereupon be relieved from fur- p
her liability or penalty for such particular violai i ,
ion , of law. n
Sec. iC. That when any common carrier , as do" - o
ined in and subject to the provisions of this nct t
ihall violate , or refuse , or neglect to obey any n
awful order or requirement of the board in this n
ict named , it shall be the duty of the board , and
awful for any company or person interested in 3
iuch order or requirement to apply in a summary t
vay , by petition filed in the judicial district in fi
vhich the common carrier complained of has i s ti
jrincipal office , or in the district In which ths b
riolation or disobedience of such order n
r ' requirements shall happen , alleging ti
such violation or disobedience as the case , n
nay be , and the said court shall have power to 1
tiear and determine tho matter on such short
notice to the common carrier complained of , as tl
the court shall deem reasonable , and said court fi
ihall proceed to hear and determine the matter X
speedily as a court of equity , but in such manner f
to do justice in tue premises ; and to this end e
such court shall have , if it think fit , to direct and o
prosecute in such mode and by such persons as it t
may appoint ; and such inquiries as the court p
may think needful to enable it to form a just r
judgment in the matter of such petition ; and on n
such hearing the report of said board shall bo p
prima facie evidence of the matterthereiustated ; t
and if it be made to appear to such court on such p
bearing , or on report of any such person or perp
sons that the. lawful order or requirement of o
such board drawn in question has been violated p
Dr disobe3'ed , it shall be lawful for such a court to s
issue a writ of injunction or other proper process r
mandatory or otherwise.to restrain such common t
carrier from further continuing such violation or r
disobedience of such order or requirement of said
board , and enjoining obedience to the same ; and v
case of any disobedience of any such writ of c
Injunction or other proper process , mandatory t.
orotherwise.it shall be lawful for such court to a
issue writs of attachment , or any other process of p
said court incident or applicable to writs of iu- t
junction or other proper process , mandatory or t
otherwise , against such common carrier , and if a
corporation against one or more of the directors , s
officers or agents of the same or against any f
owner , lessee , trustee , receiver or other person v
failing to obey such writ of injunction or other p
proper process , mandatory or otherwise : and
said court may , if it shall think fit , make an
order directing such common carrier or other
person so disobeying such writ of injunction or
other proper process , mandatory or otherwise , to
pay such sum of money not exceeding for each
carrier or person in default the sum of $500 for
every day after a day to be named in the order ,
that such carrier or other person shall fail to
obey such Injunction or other proper process , j
mandatory or otherwise ; and such moneys shall t
be payable as the court shaU direct , either to the }
party complaining , or into court to abide the ,
ultimate decision of the court , or In the treasury ;
I
and payment thereof made , wltu :
out prejudice to any other mode of recovering
th < * same , be enforced by attachment or order in
the nature of a writ of execution , in like manner
as If tho same bad been recovered by a final de
cree z 'n personam in such court. Either party to
such proceedings before said court , may appeal
to the supreme court of the state , under the same
regulations as now provided by law in respect to
appeals in ordinary cases ; but such appeal shall
not operate to stay or supercede the order of the
court , or the execution of any writ or process
thereon , and such court may in every such mat
ter order the payment of such costs and counsel
fees as shall be deemed reasonable.
Sec 17. That the board may conduct its pro
ceedings in such a manner as will best conduce to
the proper dispatch of business , and to the ends
of justice. A majority of the board shall consti
tute a quorum for the transaction of business.but
no member of said board shal participate in any
hearing or proceeding in which he is pecuniarily
Interested. Any party may appear before said
board and be beard in person or by attorney.
Ever } " vote and official act of the board shall be
entered of record , and its proceedings shall be
public , upon the request of either party Inter
ested. Said board shall have an official seal ,
which shall be Judicially noticed.
Either of the members of the
board or the secretaries may administer oaths and
affirmations. The board shall have authority to
employ and.fix . the. compensation ofa steno-
grapner xortnuuseo : tuuu ouoiu una lis eeciu-
taries j , whose salary shall not exceed $1,500 per
year. Said board shall have the general super
: vision of all railroads operated by steam In the
state ' , , and shall inquire Into any neglect of duty
or , violation of any of the laws of this 6tateby
railroad corporations doing business in this state ,
or , by any officer , agent or employe of any rail
road corporation doing business in this state ; and
shall , from time to time carefully examine and
] inspect the condition of each railroad in this
state , , and its equipments and manner of the con
duct ( and management of the same , with refer
ence , to the public safety , interest and conven
iences. j It shall carefully investigate any com
plaint made in writing and under oath concern
ing j any lack of facilities or accommodations fur
nished , by any railroad corporation doing busi
ness , in this state , for the comfort , convenience
and , accommodation of Individuals and tho pub
] lic ; or any unjust discrimination against either
any , persou , flcm or corporation or locality , either
in j rates , facilities furniSf ed or otherwise ; and
whenever , , iu the judgment of said board , any re-
pairs , are necessary upon any-portion of the road ,
or , upon any stations , depots ' , station houses or
warehouse , , or upon any of the rolling
stock of any railroad doing business in this state ,
or additions to or any changes in its rolling stock
stations , depots , station houses or warehouses are
necessary J in order to secure the safety , comfort ,
accommodation and convenience of the public
and individuals , or any change in the mode of
conducting its business or operating its road is
reasonable and expedient in order to promote the
security and accommodation of the public , or iu
order J to prevent unjust discriminations against i
either persons or places ; it shall make a finding
of the facts , and an order requiring said railroad j
corporation to make such repairs , improvements
or additions to its rolling stock , road , stations , de- .
pots i or warehouses , or to make such changes '
either in the manner of conducting itsbusiuess or
In the manner of operating its road , as such board
shall deem proper , reasonable and expedient ;
aud said finding shall be entered in a record kept
for that purpose , and said board shall cause a
copy of the same to be served on the said
railroad corporation by any sheriff , or constable
in this state , in the same manner as a
summons is required to be served , and shall also
transmit to tne person , firm or corporation in
. terested , a copy of tho same. Said railroad cor-
i poration shall , within ten days after being
served with a copy of said findings and order ,
show t cause , if any it has * why it should not com-
ply with said order , by filing with said board an <
answer verified in the same manner as pleadings '
of fact in the district court are required to be •
verified. . If no answer shall be filed , as aforej
said , then such finding and order shall be final
and conclusive as against said railroad corpora-
tion. Upon the filing of any answer as provided ,
for in this section , the said board shall set a day ,
not exceeding thirty days from the date of the
filing of such answer , for the hearing of the
matter , and shall notify said railroad company
or any other person or persons or corporations
interested of the time so fixed , and the place of
hearing j the same ; and shall carefully and fully
investigate . the matter , and for that purpose may
subpoena witnesses , and compel their attendance ,
and the productions of any books or papers , in
the same manner as the courts of law of this state
may do. And after a full investigation of the matter
said board shall again make a finding of the facts
and make such an order as it may deem just in
the premises. If said railroad shall refuse or
neglect to comply with such order the board s'mll
order the attorney general or the county attorney
of the proper county to institute a suit to compel
such railroad company to comply with such
orderand J : it shall be the duty of the attorney gen
eral or the county attorney of tho proper county ,
at , the request of the board or any person inter- t
; ested in any such order or finding , to apply to
the supreme court , or to the district court of any .
county through or into which its line of road may i
\
run , in the name of the state and n the re'iation
of said board , for a writ of mandamus to compel
such railroad company to comply with such
order ; and upon the hearing of any such cause
:
such finding and order shall be as against such
railroad company prima facie evidenco of the
reasonableness of such order and of the.necessity j
of I such repairs , changes , additions or improve- ]
ments or other matters in such order required to ! '
be done or omitted. }
Sec 18. That the principal office of the board ; .
shall be in the city of Lincoln , where its general
sessions shall be held , but whenever the con
venience of the public or of the party may lie j
promoted , or expense prevented thereby , the
board may hold special sessions in any part of
the , state. The board of transportation or any
member thereof or either of its secretaries may 1
prosecute . any inquiry necessary to its duties in l
any part of the state , into any matter or question
of fact pertaining to the business of any com- .
mon carrier subject to the provisions of this act.
Sec. 19. That the board of transportation is 1
hereby authorized to require annual reports from
all common carriers subject to the provisions of
this act. to fix the time and prescribe the manner ,
in which such reports shall be made , and to require ?
from such carriers specific answers to all questions
upon which the board may need information.
Such annual reports will show in detail the >
amount of capital stock issued , the amounts paid
therefor , and the manner of payment of the
same : the dividends paid , the surplus fund , if
any , and the number of stockholders ; the funded
and floating debts and the interest paid thereon ;
the cost and value of the carrier's property , fran
chises and equipments ; the number of employes 1 t
and the salaries paid each class ; the amount ex
pended for improvements each year , how ex- ,
pended , and the character of such improvements , '
the ! earnings and receipts from each branch of I
business from all sources ; the operating and
other expenses ; the balances of profit and loss ,
nnd' complete exhibitof the financial operations J
of the carrier each year , including an annual bal- 1
ance sheet. Such reports shall also contain such
information in relation to rates and regulations *
concerning fares or freights or agreements , ar- p
rangements or contracts with other com- j
mon carriers , as the commission may '
require , and the said board may ,
within its discretion , for the purpose
of enabling it the better to carry out the pur
poses of this act prescribe ( if in thejopinion of the [
board it is practicable to prescribe such unifor- {
mity and methods of keeping accounts ) a period p
of tune within which all common carriers subject
to < the provisions of this act shall have , as near as E
may be , a uniform system of accounts , and the ,
manner in which such accounts shall be kept.
Sec i0. ! Said board shall , on or before the first *
Monday ! in December of each year , make a report |
to the governor of their doings for the preceding
fiscal year ending June 80. This report shall con-
tain such information and data collected by the I
board as may be considered of value in the deter- •
minationof questions connected with the regul"-
tion of cemmerco in the sta'e , together with such
recommendation as to additional legislation rt- j
ting thereto as the board may deem ceessary. .
Sec 21. That nothing in this act shall apply to '
the carriage , storage or handling of property t
free or at reduced rates for the
United States , or municipal governments or I
for charitable purposes , or to and from fairs and 1
expositions for exhibition thereat , or the issuance ,
of mileage , excursion or commutation passenger
tickets : : nothing in this act shall be construed to t
prohibit any common carrier from giving :
reduced rates to ministers of the gospel : , "
nothing in this act shall be construed to '
prevent railroads from giving free carriage to |
their own officers or employes , or to prevent the 1
principal officers of any railroad company or com
panies from exchanging passes or tickets with
other railroad companies to their officers and em-
p' .oyes or others , and nothing in this act contained
shall in any way nbridee or alter the remedies
now existing at common law or by statute , but
the provisions of this act are in addition to such
remedies.
Sec 22. To carry out the provisions of this act
without undue burden to the state officers who
compose the board of transportation , their secre
taries are hereby empowered in all matters of ex
amination or investigation , to perform the duties
prescribed for the board themselves ; Provided ,
that all final decisions shall be made by the board
themselves.
Sec 23. That articles five and eight of chapter
seventy-two of the compiled statutes of Nebraska
for 16S5 , and all acts and parts of acts inconsistent
with tho provisions of this act , ore hereby re-
pealed.
Approved Starch 31,18S7.
fc
The apportionment biU became a law
without tho governor's signature.
A monument to soldiers who feU In the war
for the union Is about to be placed in the
public square at Burlington. "Wisconsin. The
county appropriated $2,000 , H. S. Magoon gave
$1,000 , and the people wUl contribute $3,000
more
mmmmmmmmmmmmmmmmKmmmmmmmKmMmm
APRIL.
A maiden fair as fairest morn.
As if of Aphrodite born ,
11ns come to earth with charm and spell
To spread Quecu peauty's festival.
The herald ehe of golden hours.
Embalmed in fragancc , love and flowers ,
Her eyes hold pictures of the sun ,
She laughs as laughs Eiidymlon.
Upon her step the graces wait ,
With rod of love she conquers Pate ,
Performs miracle divine ,
Turns Nature's tears to heavenly wine.
Around her feet ( lie violets spring ,
Uuto her robes the wind-flowers cling ,
The birds , winged poets of the air.
With worldless love songs greet her fair ,
The south wind , with delicious thrills ,
Meets her in valleys and on hills ;
Her warm breath swells with joy the streams ,
As music tills the heart with dreams.
Bright messenger of God's great love ,
W tli gifts from treasuries above ,
Where c'r she moves the sunshine pours
With roj'al hands Its goidcu stores.
O sweet-lipped priestess of the year !
Bringing the gospel of good cheer.
In rose and irold to Nature s shrine ,
lu thy unselfishness divine ,
Thou makest beautiful the way
Por the fair feet of song-crowned May.
Harriet Smead , in The Current.
Gilbert Cleve.
"A fine , frank-hearted yoim rfellow ,
Ma , my love , and likely to make his
way ' through the world , I congratu
,
late ' you upon your choice of a future
husband. | "
Ida Hay ward smiled and blushed , and
looked | placidly happy , as a young
maiden I should who had just made her
selection for life. She was very pretty
aud j delicate ; not perhaps majestically
handsome I as Egyptian Cleopatra or
Helen of Troy , but nevertheless pos-
sussing : a bloom of freshness of her
awn , with soft , nut-brown hair , eyes of
wistful hazel , and a little ripe straw
berry | mouth , whose parting smile
showed twin rows of trarilucent pearl.
As the gray-haired old hnvyer looked :
at ! her , he almost envied Gilbert Cleve
for having won sucii a ji'wel to wear in
the | crown of his life.
"It isn't her beauty alone , nor yefc
her I money. " thought Mr. Parchment ,
, though I'm not the man to despise
either the one or the other , but I've
been [ her guardian long enough to
know ' what a prize she would be in any
man's j home , well , well ; , it's tiie youngJ
that pluck the roses , aud we old fogies
that t have had our day and generation ,
must be content to stand aside. " ,
As these fancies crossed his mind , he-
was standing hold ng Ida's hand in his.
"I repeat , my dear , 1 congratulate
you. J " he said aloud. I hope though ,
j'ou'll break him of ono way he has ,
antagonistic to my old fashioned notions .
. that social glass , which young men-
nowadays ' are apt to multiply too fre-
quently. " '
Ida started. . ,
• 'Oh , Mr , .Parchment ! ' Gilbert Cleve
does not drink ! "
"Nonsense , my dear. jSow 3-011're *
going oft"at a tungnet with the idea ,
that [ lie ' s a regular fast j-oung man.
: "
Drink ! Of course doesn't drink in the I
world's acceptation of the term. Only '
my dear now remember , this is strict-
1 y enlre nous I've seen him once or
twice at the anniversary dinner of the a
club , just a Utile the worse for wear , f
You. understand ? And really it could ; *
hardly be said to be a.fault , for all the
other young fellows were exactly in > °
the same box. "
Ida was silent. Avery grave look f
had come over the exquisite lineaments |
of iier face. '
• And 1 only mentioned it , my dear
little girl. " went on the kind-hearted
old lawyer , "so that you might avail
yourself of the lirst really good oppor- *
portunity to break oil"a habit that had e
better be checked than fostered. " \
"I am very much obl.ged to you , sir , "
a d Ida , looking earnestly into Mr. *
Parchment's face. "But I differ with
ou in some of your conclusions. I
think that drinking , whether carried to
excess or indulged in as a mere casual .
thing , is a fault ay. and the most "
egregious of faults. Gilbert Cleve must .
either give up his social glass' or me. "
It was not very long before our resoY
lute little hero had an an opportunity V
to put her precepts into practice. s
Gilbert Cleve looked very handsome
at Mrs. Chessington's soiree dnusaiite ?
that night. He was-tall and well made ,
with jet-black hair , a skin 1 ke marble ,
and features whose regular Greek °
lines made one think of an antique a
cameo. *
Ida could not repress the thrill of ,
pride that rose in her heart , and sent
the carnation blood to her cheeks in ,
crimson currents , as she watciied his *
easy , graceful manner , and the smiles
of welcomewith which he-was every- :
where > received. A girl likes to have 1
her lover stand well in the eyes of the ,
world as well as in her own , and Gil- *
berc Cleve was ono of society 's favor
ite children. *
But there came a dark shadow into
her eyes and the carnations paled , as =
Ehe tloors of the supper-room were °
thrown open , revealing glitter ng tem
ples of confectionery , pyramids of -
white and pink iees „ grapes , pineap- ?
pies , and worse than all , decanters of l
cut-glass and silver wine atands , where
sherry shone like melted topaz and red- a
der wines sparkled , and huge china s
punch-bowls decorated either eud of
the table.
"Mr. Cleve , " and Clar ' ce Chessing- f
ton | lifted a tiny chalice of wine in
pinvful | challenge. ,
In an instant. Gilbert Cleve had j
poured out another glass and smilingly-
nodded acceptance of Miss ChessingT
ton's invitation.
Suddenly a softs gloved hand was j
laid on his arm , and a pair of dark *
eves ' rested entreatiugly on his faee. '
" 4Gilbert , for my sake , put down that t
glass , untasted. "
1 "Mv dear Ida , what nonsense ! As
if j a glass of wine could hurt any one. "
"It is not this one glass alone ,
Gilbert. " she pleaded , in an agitated J
whisper , "but the many to which this (
will lead. "
Gilbert Cleve drew himself haughtily 1
ap.
ap.Ida , do you take me for a drunk- ;
aril ? " t
• • Gilbert ! "
"Well , then why this foolish over- ,
caution ? I loll you I am able to tak
.care of myself. "
"W.ll you refuse to trratify mc u
this one trifling request ? " Ida asked.
"If it is so trifling , why do you insist
upon it ? " demanded Clove.
"It in the pr nciple , G lbert ! " she an
swered , very pale now , but growing
firmer and more resolved with every
second. "Mv husband must never be
a slave to the vilest and most degrad
ing of habits. "
"I drink to your husband's health , "
laughingly mocked Mr. Cleve , once
more elevating the yet untasted wine
glass.
"Gilbert , " she said gravely , with hei
soft hazel eyes lixed full upon his face ,
"stop a moment. You must choose be
tween me aud that wine. I can accepl
no half measures. Total abstinence is
the only condition upon which I will
consent to become your wife. "
"My little Ida. tlic mock heroics are
exceedingly becoming , but scarcely
called for , " laughed Cleve. "A woman
attempting to dictate always seemed to
me out of place. "
And he lifted the glass to his lips and
swallowing ' its sparkling contents , bow
ing with playful defiance to Ida Hay-
ward as he did so.
She made no comment ; and although
she was rather paler than before , none
but 1 those accustomed to study welL the
expressions of her face could have de
tected ( the outward manifestations of
her ] heart's emotions.
The evening passed away , Mr. Cleve
drank ' frequent ! } ' , though not deeply ;
but Ida shuddered at his somewhat
boisterous laugh , and turned away with
a sickened feel ng as his breath touched
her j cheek. There was no more enjoy
ment for her , and she left the ball-room
at i an early hour.
It was about noon the next day when
Gilbert Cleve sailed to enquire after his
pretty ' partner of the night before.
. Miss Jessup , her starched "compan
ion" entered tc greet him.
Yes , Miss Havward waswell , but
, would Mr. Cleve please to excuse her ?
M ss Hay ward would prefer that Mr.
Cleve ceased his attentionsaltogether. .
And shestifily handed him a little
parole } containing two or three letters ,
a silver boquet holder , and a pearl fan
which he had given her , and. , in its tiny
casket of blue velvet , the diamond en
gagement ring.
• • What docs tbi3 mean ? " he ejaculat
ed.
"Miss Havward bid me say that
you took your choice last night , , and
that . 3'ou must be content to. abide by
it. "
And that was all that Miss Jessup-
knew , or at least all that shechose to1
]
reveal.
Cleve bit his lip.
"A mere lit of girlish pique. " he
muttered to himself as lie left the-
house. "She'll come to her senses in
time but I hope she won't treat moto
much of this sort of thing. There is-
some limit io a man's pat.ence. "
But Ida Havward did not "come to-
her senses" in Gilbert Clove's interpet-
aton of the phrase. The days passe I
on and lengthened into weeks , andstill
he was not recalled.
"Who cares ? ' ' he muttered. "If she-
prefers ; to live and die an old maid , I
don't care. I'm not going to be a slave-
to any woman's puritanical whims. ' *
A year afterward , when Ida received ;
an invitation from a friend to-accom
pany her on a pleasure tour to Palestine
and the Holy Land. Cleve hardly
thought that she would accept it with-
out at least seeking an interview withi
him. But he was mistaken. Ida did
accept it. aud left the United States for
an indelinite period and thus drifted
away thelast hope to which he had'
clung.
Five years elapsed before Ida Hay-
ward again pressed her foot upon the-
soil of her native land , and she return
ed the happy w fe of a high-born
.
j'oung Englishman , who had been cap-
tivated ] in Syria by the sweet , oval face
andliquid J hazel eyes of the pretty
American girl.
Sir Guy Bruce thought he had wona
treasure ' , nor was he mistaken.
As they were driving up Broadway
in an open barouche , having just d.sem-
barked from the steamer which had
brought them over. Lad ) ' Bruce'seves
were eagerly roving from side to. side.
drinking in the old familiar sightsand
surround ngs of her girlhood.
Suddenly the carriage stopped at a
crossing. Lady Bruce leaned forward
to see the cause of their detention
"It's only a drunken man in charge
of the police , " add her husband , "with
ret.nue of idle fellows and ragged 1
children following after themWhy ,
Ida , my love , what is the raalterr" Sure
ly you are not ill ? "
He spoke eagerly , for Lady Bruce 1
had ? turned very pale , and was leaning (
forward ! with her hand on the side of j
the carr age as if she were transformed 1
into ] a statue- marble. c
The facef the raving drunkard had i
been j turned full towards her as he passed
noisily remonstrating with his captors , „
and , 111 its bloated lineaments and d m
c
eycIda recognized the once kingly j
glance ami pure Greek features of her r
old lover , Gilbert Cievet 7
So this was the end of his bright t
youth and promising manhood. Dead <
to shame , lost to ambition , abandoned
to the lowest and most animal exis
tence , and all because he had not courj j
re to resolve to abstain from "the ,
soe'al glass. .
If ever the face of the arch lienti ; 3 {
radiant , it is through the blood-red re- - ,
flection that shines upon it through the (
wine-glass.
"Xoth ng , dear Guy. " Ida answered ,
leaning back once more with a shudder- *
ing sigh , "oniy such sights aro not *
pleasaut. l
And Lady Bruce , a3 she looked upoc e
the freshfair countenance of her noble "
English husband , thanked heaven thai J
sho had adhered to principle in the one :
great trial of her life. l
m 1
Virtuous Indignation ,
"You gave me a counterfeit $10 gold t
piece yesterday. You must be entirely t
dovoid of conscience. " c
. "Well , return it to me. I'll take r s
back again. " :
"Oh , I have already passed it upoc '
somebody else. Fliegende-Blatter.
Neither fish , flesh nor fowl vegetables , o t
course. SonnrvilU Jonrnil. 1
:
;
I
1
HERE AND THERE. If
' f *
Fresh trout retails at 10 ccnta per pound tt . 1
Reno , Nev. " " *
;
the rancher - b-
Sheep-shearing is In progress on
below Dayton , Oregon. . it
The great Lick telescope will not be In posl- jtf
tion until next September. . I'
n afternoon German uaper wUl soon bt r
started In Los Angeles. Cal. \ \
It is asserted that fully five thousand peopli #
In Georgia travel on free passes. t '
Over 10,000,000 pounds of spurious buttei f
were mad * In this country last year. f f j
The average depth of snow between Trno 4 '
fcee , Nev. , and Lake Tahoe is two feet.
It Is asserted that thirty languages an j
Bpoken by the learned residents of Boston.
A lover of statistics has calculated that 19.- 1
009 stitches are required for a hnnd-aewed M
shirt fM
The petroleum found in Egypt ia used onlj '
for lubricating and fuel purposes , and not foi
lighting. m
A valuable plant must have-been an Odon- M
toglossum , which was sold recently in London
for SO guineas. 9
A tourist in Florida says he has not been 9
able to find a verified Instance of an alligatoi
injuring a man or child. 19
They are cnlarcing the Chinese pnbUc 9
school In San Francisco to accommodate the
large increase In the number of pupils. j9
A correspondent wants to know whether il H
is club etiquette to take a newspaper file awaj H
from a member who has fallen asleep over it H
E-ren the ministers at San Luis Oblspor Cal. . . S
arc going Into the real-estate business , and M
they are usually successful in their specula- jH
tions , M
The Concord philosphers will this'year de- ' 9
vote themselves to a consideration of Aristotle H
and his philosophy in relation to modern. H
thought. 9
Saint Saena' new opera 'Troserpinc , " ' re , / 9
cently given in Paris , 13 pronounced a success ; 9
It Is extremely melodious aud skillfully 9
orchestrated. ' 9
The militia of Nevada numbers five bun- ' k\ \
dred men , " 'horse , foot , and dragoons. " ' |
United' , these several branches of the service t 9
form the Pacific Coast Invincibles. " " / |
It Is-reported that the sum of $200,000,000 9
is due from England to France under the / " H
treaty of Nov. 29,1SI5. A committee of the * - > j |
chamber of deputies is now investigating the < H
subject , with the vicwot demanding payment. H
The American Grocer says : "It ia growing J 9
more-and more the custom to have deeds , ' |
contracts , and valuable documents printed.on M
a type-writer in aniline ink. This is a great l l
mistake , because in a few years they-are sure H
to-bo obliterated. " ' |
Saleswomen in a great many shops in Phila- H
delphia 1 are prohibited from fine 'dressing. H
In-one-establishment the girls arc required to. 9
dress 1 in black. 'In another dark colors , blue ,
H
i
brownor black , arc requested , aud rich jew- " |
elryfe not permitted. > |
Paris still retains the insane claque system , t 9
andione- ; the prominent chiefs has resigned H
rather than submit to a reduction iu his salary. 9
The great man was better paid thanthe aver- 9
azc ; actor and had twenty of the best scatsin 9
the house at his disposal every night. ' H
A\druggist in Urattleboro , Vt. , has connected. , j 9
evary ( bottlecontainig poison with tbeprcscrip- i l
toin' desk by electricity , so that whenever one ] 9
is touched the bell irives warning and wakes l H
the compounder up to sec , by a second look , j H
whether he has the bottle he wants or not. " * Tjr 1
In the neighborhood of Rutland , Vermont • , l J
there is a sugar orchard , which is so. com- ' H
plctchr snowed under that the owner of it H
docs ' not entertain a thought of making any ' H
biiirar ] this season. The tops of the trees nuly ) fl l
are ] visible , and the snow is ten and twelve feet |
In northern Nevada the weather hns been. ! H
! exceedingly warm and line since the 20th ol - H
February , and tiie snow drifts , excepting those H
on ( the ln irli mountains , have disappeared. , fl H
with astonishing rapidity , and. grass is from J l
four j to six inches high' where the snow. ha * -d j J
left the grouud. j |
A little sou of T. J. Folds , of Ilawkinsville. |
G-j ( „ went to his traps the other day and : found j |
three ' partridges , and , taking thcinout , pulled f l
their heads off. One of the headless partridg- ' 1
es Hew away and could not be found , and tiie ' l l
astonished : boy went home with , three head : l l
and : on ! } ' two birds. j B
In Philadelphia a church , organization U 9
trvinir to raise money enough , tck build a j |
r-hurch by means of a lottery ; . The promo- / l
ters 1 are selling tickets at. > 0 cents , and tdero . H
arc fifty prizes to be drawn * from , a $ .xW gov- - ' | |
eminent bond and a haudsoine rosewood piano 9
down to prizes of little value- j l
During the recent burial of an. Indian near " " |
Umatilla 1 Cal. " " H
, , a "medicine man , known a *
"Old Tom. " was shot and instantly killed by 9 |
another Indian. The assassin is a brother of - |
the t Indian who was bcin < r buried , and he be- 9
lieved the "medicine man' * had exerted an. |
evil spirit over his brother aausing his death. . |
The electric railroads in Los Angeles , Cal. , . |
where the climate is considered to be 'tha- |
most suitable for them arc decided failures. B
One electric road , a bo lit one and a half miles- j H
in length , , requires an engine of about & > |
horse-power to supply the electricity of two. H
cars , ami at this ratCi. iscousidercd not prolita- |
Mrs. Amanda Sykes , of Edmonton , Ga. % has i l
a goose which for the past four years lias be- |
trun to lay for the season on the day that corn- |
planting was comm-nced on the place. t N H
matter whether the day was in .February or in 1
breb. the goose be < ran laying each year ot |
the very day that they commenced planting |
corn. "q l
There are 90 college papers in this country. I l
The Canadian government is said to.be mak- I H
ing preparations for sending a joint geological I H H
end topographical exoedition early this spring i l
to the Yukon country. The expedition will * ll l
be under the charge of Dr. Dawsca and 3ir. t 1
"William Ogilvie , and will leave Victoria , B. I H
C , early in May. l l
It is probable that the artesian well now be- i H
ing , bored at Pesth will be the deepest of l H
the kind in the world , having indeed l l
reached a point entitling It to thls
pre- f l
eminence. It is sunk for the purpose of sup. 1
plying the baths and other public establish- f H
ments with hot water , the temperature aimed \ * i H
at as a maximum being 17d deg. , with a vol- l
?
ume sufficient for tha wants of the whole I H
The postoffice in India Is regarded 39 so l l
miraculous an agency by the more Ignor- I H
ant natives that in some out of the way ph\e < s J - ] |
the very letter boxes are • worshiped. In , i- . * | |
case a man posted his letter In !
a box an " i B
shouted out Its destination to Inform the pre I H
siding spirit , whom he
supposed to be on the H
inside. Another native humbly took off his l l
shoes as he approached the box , went through ' H
various devotions before and arter postiD < - 'i H
his letter , and finallyput some coppers before II H
the box 03 a propitiatory offering , retlrinc in H
the Eame attitude of humility. I H
l/ l
