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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (April 16, 1890)
TiATT.V TTfiVrcVT.r > ATT ? T > A V API7TT , in IfiOA TIUO DAILY BEE. \ E. ROSEWATER , Editor. ] _ _ _ KVKHY MOHNTNG. TKKMH OP ilMISfUII'TIO.V. Dully mill Sunday. Ono Your . tin 00 Hl.T imiTitll * . CM Thw. ' months . SM HII nilii y Ili-i- . One Vimr . B Weekly llc < ! ,0no Vt-nr . 1M omens. Onmhn. Tlio Hco llulldlnsr. K Umulm. ( 'ornr-r N mill SGIh Street1 ? . Coiini-ll Illnirs , r. I'.mrl Hlrit ! , cliicnttooniro , MTTho ll < ml T.v Ilulldlnjr. . New Vnrk , KfioniM II mill ) . ' Tribune Ilulldlng. WilHlili ) tuiir > ii : fourteenth ulri-el. COUKKHI'OM'HJXCB. All communication * rolntlns to news ami rdltorlul nmttor fdioilld bo addressed to tlio I.dltorlal Department , UIJSINKHS I.ETTKKP. All Idi'dwM Inflow nml ri'in II In lions nlioiiM bo iiililri-yi-il to Tlio lieu I'nlilNliliir Company , Omnlin. nrnf It. checks nml poHtiilllco orders to ! mndo payable lo tlio nnlur of Uio Com pany. TIic Dec Publishing Company , Proprietors , Tlio lli'oll'ldlnj ? , I'nriirrtn ami foventmilli Sis. Tin- following Is tlio nitu of postage noers- nary to niiillslntrlceoploHof Tun Jlr.noutof tlio t-lly. 8-piiRo pnpcr . U. 8. I cent rori'ljn ? 2 cents 1 criit > cents IIUKC paper , 2 contH paper , " 1 ! cents 'I cents paper. " - ' cents 4 cents MVOUN HTATK.MKNT OK CIKUUJ.ATIOX. htnluof Xrlirnska , IKU . fiiiiiity of Ooiittlnt. ( " " Oforso II. T/sf liiii'k , scetflnry of Tlio line I'lilillslilnc Company , docs snlumnly HWimr Dial the netnal ulrutilnllim of Tin : IHil.v HCB for tlio week ending April IS , IHK ) , was ns fol- IOWH : Htimlny. April n . SI.SI.1 JMondiiy.Ai.HI - , . i.ll.-Ti : Tntwlii V. April 8 . -I'.1-1 ' ! ! ! . April II . SI.IH.H Thursday. April 10 . awi ntdu.v. April II . W.mn Saturday , April IS . .WO Average . 20.710 OROItnBII. TX.SCIIUOK. Pworn lo before mo ami subscrlhrd to In my uri-M-m-i ) this l-lh day of April. A. H , IK'io. [ Heal. ] N. 1' . VKtl , . Notary I'ubllo. Ktaloof Ni-lir.-isltn. ! Count v of l > oiijla.i. fss' fli-nrgi- . T/wliiiClf , bolng duly sworn , dc- JIOM-S anil Kays that ho Is .sec-rotary of Tlio lice I'nhlNliliiK Company , tliat tlio nctual iivoraao dally circulation of Tin : lUir.v ltii : : for tin- month April , IKH'Jf [ . .Y.troplt-S ! ! fnrMny , ] Sii. ! l.x.MOroplL-s ! for.Inne,18.sil8Kvscoili'Sj ! | for July. If * ! ' . lf > . ! H copies ; for AtlRiHl. 1SMI , I8.IVH eopli-s ; forS'eptemlier , lfM > . 1H.7IO cojdc.s ; for October. It-M' , IH.HT ! ) copies ; for November. IfcO , I'.i.HIO ' copies ; for December. IKS ! ) , J.1UI1S copies ; for .January. lsK ! ) , IDA" copies : for I'eliruary , IflK ) . liiil ! copies ; for March. | y.m.9lNI.'i copies. GKOIKIK H. T/SCIIIICK. Hvrorn to befoio mo and subscribed In my pn-som-o tlil.sMh day of A lull. A. I ) . . 1WW. ISeal. ] N. I' . I'Ktr , . Notary Public. Tim ( lomoc'ratH lnivo vindicutod tlio /ainoiis precinct thirty-four in I.ititto , but tliti ai'i'ounts full to stuto liow much Uio "lily foui1" iitd ! for thu vindication. A KAVSAS cotnmuntty shsirply draws -the color Him by rufiifling n colored pupil acliiil.ioii to tlio public Hchools. Shiidus of Ossawaloinio I3rovnvhithoraro wo drifting ? C'A.VDIDATKS are already in tlio field for I ho heat niiido vacant by the death of Sam itandall. 1'ho vacancy iti Uio dem ocratic party will continue loiir { , after his siicce.ssor in chos-on. THK white lead and liuM'cd oil trusts are about to pool intore.-ils and inflate their combined capital to one hundred and twenty million dollars. This is ono of the infant industries that is appealing for increased tarilt duties. TIIKV are paying from two to three dollars liat 11101103- for ono dollar in gold in linuil and Argentine. Both coun tries demanded "increased circulation" and secured it as fast as machinery could turn ft out. Now the main trouble is to make it circulate. Tun more the barb wire trust plunge into court tlio deeper are the barbs of dnfiMit driven into the vitals of the com bine. Four divisions of United States courts have pronounced the Gliddon patents invalid , yet the trust continues to coerce and blackmail its rivals. " FOHT SIDNBV , Nob. , and Fort Bridget- , "Wyo. , are among the number of military posts to be abandoned this year. The coiicontrallon of the Indians and the re duction of reservations have completely altered the conditions which formerly required an extensive chain of posts on the frontier. TUB Beatrice Dcmocmt , already ono of the brightest little dailies in No- braslta , evidently contemplates further improvement and has passed from a private concern to a corporation. Dr. Marvin will continue in editorial control and advocate democracy and the speed ring in opposition to republicanism and agriculture. FHW men in the state are as well equipped as Uobort W. Ftirmts for a place on the world's fair commission. Ills experience- manager of the Ne braska exhibit at Now Orleans , and his mieeessful labors as secretary of the Plato board of agriculture , eminently qualify .him for the duties of a position whore ho can render invaluable bervlco to the state and nation. IT Is as much as life is worth in Okla homa to carry about the por.-on anything bearing the monetary stamp of the gov " ernment. The country is overrun with "fhioves and crooks , robberies are com mon in .daylight and darkness , and the business of mound building is progress ing rapidly in the comotories. A wore of active , experienced vigilantes could put in sixty days' work in that section with satisfaction to themselves and profit to the country. Tin : Hon. Jesse Spalding has made RMUO wonderful discoveries during his pilgrimage over the Union I'aelllo at the expense of that road.Vith the zeal and enthusiasm of a horn explorer , he hastens to relieve the suspense of the public by publishing an exhaustive report of his .observations through the plate glass windows of tv drawing room car. It was not necessary that Mr. Spalding should HCO everything. A ripe imagination coupled with a lilxmil stock ofwicclmrino , makes up the deficit , has dealt severely with members - bors of thti present congress. Five dem ocrats and four republicans have ) > oeii called honco. Of this mimlxu1 three were men of superior mould , distin guished for honesty , ability and states manship of high order. In the demise of Cox , Kelly and Randall the nation has lost three of her most gifted and patrlotio eons , whose life and labors are as bcacontt In a sea of political gcllltm- ncss , nndmodeltf of publlu and private rcetltuto for this and coming genera tions to emulate. irw ; nissKXTtxa OP/.V/OA * . Wo print elsewhere in full the opinion of Justice Bradley of the United Slates supreme court , concurred in by Justices Gray and Lnmnr , dissenting from the decision of the court in the Minnesota cnscfi. Jl la worthy thccnrcful attention of all Interested in the important ques tion Involved as a clear and strong argu ment in support of the right of a legisla ture , or of a body created by the legisla ture , to fix rates of transportation , and In denial of the proposition maintained in the decision of the court , that the question of the reasonableness of tlio rote of chin-go for tnuisportatlon is under all circuniHlanccrt n question for judicial in vestigation , requiring due process oflaw for ItH-dotormlnnlion. The basic proposition of this dissent ing opinion is , that a railroad chartered by the stale become.an agent of the Htalo for Hie performance of a duty which belongs to the state Itself , namely , that , of furnishing publie ac commodation and providing means of intercommunication between ono part of its territory and another. It is devolved upon the legislative department to carry nut Ibis ilnlv. ntiil if tiiHtn.-td of the stale building itB railroads , which it might do if it saw fit , the legislative department commissions private parties to perform the duly , it is the prerogative of that department to lix the fares and freights which such private parties , whether corporations or Individuals , shall charge for their services. On the same prin ciple that a legislature may fix the tolls to bo paid by those who use a road or canal it may fix charges for transpor tation by a company chartered to carry on publie transportation. The opinion holds that the question of a reasonable charge fe pre-eminently a legislative one , involving considera tions of policy as well as of remunera tion. When the legislature fixes a max imum of charges the courts cannot Inter fere if this maximum is not exceeded , audit is only where1 the legislature merely declares that rates almll bo reasonable , where what is reasonable is left open , that the courts have jurisdic tion of the subject. It is the preroga tive of the legislature to declare what is reasonable , but if it fails to exercise this right , leaving the matter to bo deter mined by the common law rule , then only does the question of a reasonable rate become one for judicial investiga tion. The linnl tribunal of arbitrament , say the dissenting justices , is the legis lature , unless the law makes the ques tion a judicial one by simply prescribing that charges shall bo reasonable and leaving it there. It being the right of the legislature to lix rates , the dis. enl- ing justices see no good reason why it might not delegate the duty to a board of commissioners. The opinion is a strong and logical assertion of the right of the states to regulate transportation charges , and is distinctly in line with previous decisions of the supreme court , involving this question. The constitution of Nebraska provides that "tho legislature may from time lo time pass laws establishing rea sonable maximum rates of charges for the transportation of passengers and freight on the dilTercnt railroads in the state. " Doubtless a like provision is in the constitutions of most or all of the states The authority thus given the legislature is , however , rendered only provisional by the decision of the United States supreme premo court , which in elTect makes the judiciary tlio Until arbiter in the regula tion of fares and freights of railroads and the charges of other publie accommoda tions. It is hardly possible that this as sumption of authority on the part of the judiciary will bo accepted as a settled and permanent principle. A Sl'IItlT OF CONCESSION. The disposition manifested among the silver men in congress to effect a com promise of their conllicting views is tlio most promising fact in the situation re ported for some time. The free coinage advocates have been the airjn-essivo elo- mont , and it would seem that they have finally seen the wisdom of accepting leg islation which would give the silver in terest all it can possibly got except the profits of coinage. The dispatches report that the basis of the agreement reached is the Windom bill as amended by the house committee on coinage , with a few additional pro visions desired by the extreme silver men. This measure provides for free coinage whenever the market price of silver shall reach one dollar for three hundred and Hoventy-ono and ono-quartor grains. If the anticipations of the silver men ave verified this price would bo boon" reached after the bill went into ell'ect. The senate silver committee want the notes issued against silver bullion redeemable in bullion or lawful money. This is opposed by the1 secretary of the treasury , who thinks the notes should be redeemed only in bul lion. The honatu committee also pro poses to allow national banks to issue notes to the pur value of their bonds de posited to secure circulation and to re lease the hundred million dollars retained in "tlio treasury for the re demption of treasury notes. The prop osition regarding the bnnks will prob ably encounter serious objection , and the advisability of releasing the coin held to redeem the legal tender notes will bo questioned. However , the really Important matter is for the silver men of both houses to agree upon a plan which they will all stand by , and for which the support of the president Is assured , and then with as little delay as possible pass the measure. There is no sound reason why this question should be a source of prolonged agitation and conflict. Tlio promise of early action appears more favorable than at any time since con gress assembled. TIIK XKAIIK DHCISWX. There will probably bo no general sur prise at the decision of the supreme court of the United states in the Ncagle case , aUlrmlng the judgment of the cir cuit court of California in releasing Ncaglo , under habeas corpus proceed ings , from the custody of the nhorifT. It was generally expected that the court would hold that it was the duty of the ' government 'to provide protection for Justice Field in view of the fact that his life had boon threatened by a man known to be of buch divporate charac ter that his threat could not 1x3 safely ignored , and that the officer charged with guarding the person of the justice wan properly authorized to do what ho did. 1'ublio opinion very generally adopted this view at the time of the killing of Terry. But ns to whether Nenglo should bo acquitted by federal authority or answer forhlsact In the state courts there was diversity of opinion , and this will not bo changed by the decision of the supreme court. The court holds that Justice Field , when traveling to per form the duty imposed upon him by law , was just ns much In the discharge of that duty as while sitting in the court and trying cased. Chief Justice Fuller and Justice Lnnmr , hi their dissenting opinion , say that they think there wan nothing whatever In the fact of Justice Field's official character in the transac tion , and therefore the United States courts have no jurisdiction in the pi-em- Ises. The dissenting judges say that on the showing of the facts the personal protection of Judge Field , oven to the death of Terry , was right and the duty of Ncaglo or any oilier . bill. tb.'it. 1m U-IIK nn. swcrable for the exercise of that right or duty to the courts of California and to them alone. The decision of the court holds that the act was done in pursuance of the laws of the United Stales and with proper authority , and that the federal circuit court was as competent as any other tribunal to ijscertain this , so that there was no occasion for any further trial in a stale court and no necessity for empaneling a jury to ascertain whether the act was in pursuance of the federal laws and under proper authority. There may never occur another case aimilnr to this , and perhaps there is no danger to bo apprehended from this decision , but it must be con fessed that it takes n latitude which conservative judgment must hesitate to approve. It is conceivable that this case might become a very trouble some precedent , for the principle enunci ated in the decision of the court may bo made applicable to any government of ficial when engaged , actually or con structively , in the porfonnanco of his duty. The argument of the court is cer tainly ingenious and the position taken will doubtless bo very generally ap proved , because the sentiment is univer sal in favor of properly protecting officers of tlio government , and particu larly the judiciary. But that the de cision reaches beyond the legitimate powers and rights of the government , and assumes a federal prerogative for which there is nowhere any warrant , we do not doubt can bo successfully main tained. TIIK reception given General Russell A. Algor , commander-in-chief of the Grand Army of the Republic , in Omaha , at tested the popular regard in which ho is held , and particularly the esteem of the old soldiers. Nebraska is a soldier state , having in proportion to population more men who served in the union armies than perhaps any other state , and representa tive veterans were unusually numerous in Omaha yesterday , many of whom paid their respects , to their distin guished comrade and commander. Among the volunteer officers of the army General Algor made a most honor able record , and no man has shown a heartier or more steadfast interest in the welfare of the old soldiers. lie con sequently holds a very high place in their respect and confidence , and every where is received by thorn with the ut most cordiality. Ills lour has so far been a series of most enjoyable meet ings with the votonins , and of hearty evidences of popular respect , and nowhere - where has ho been received with greater cordiality than in Omaha. COMPARING the Chicago of 1801 with Omaha of today the Chicago Tritnme docs Omaha an injustice by quoting from the assessed valuation of property to prove that the city has but seven del lars and seventy cents worth of property for every dollar of indebtedness , while the ratio in Chicago in 18il ( was a frac tion over fifteen to one. The system of assessing property in Omaha and Ne braska is responsible for the misleading figures which are being quoted to the de triment of the city and state. The as sessed valuation of Omaha for 1800 in twenty million dollars , or about one-tenth of its actual value. A sample of this outrageous system of assessment is shown in the fact that within ten days ono hundred and twenty thousand dollars lars was refused for a Sixteenth street corner lot which is asses-sod for tax pur poses at the insignificant sum of eight thousand dollars , Notwithstanding the fact that eight million dollars were in- vohted in building improvements in 1881) ) , there is an actual decrease in the total asse.--.sed valuation compared with the figures of the previous year. The truth is that the actual value of Omaha prop erty is not less than two hundred mil lions. A PitommTlON organ in the interior of Iowa exhibits an appalling density of ignorance in assorting that Omaha is "one of the worst cities in the country for ht reels and sidewalks , " even though it has "high license and plenty of saloons. " The truth is that Omaha Is the best paved city in the union for its she , having fifty-one inilon of paved streets and four hundred miles of side walks. High license has no connection with the street "im provements , the money derived from that source going into- the school fund. It has , however , given Omaha the best system of regulated li quor traffic. It has placed the business under rigid police control. It has given the city law and order and revenue as against outlawry , free whisky and higher taxes in the cities and towns of Iowa. Tuy efforts of the railway magnates to "got together" only result , It would seem , in driving them farther apart. It was expected that theagreenieiitsocare fully drawn by Chairman Walker for the reorganisation of the Interstate Commerce railway association would certainly ofifeet that object , but It was found imjK > ssiblo to induce certain of tlio roads that had thrown off the associa tion yoke to put it on again. Since then the matter has been discussed in all its phases , and another meeting was held in Chicago yesterday to consider the question of tcorganlzatlon , but the reports ports do iudlcato ( ) { that the dcslrci i-csult is any nearer than at any tlmo elnco It was first talked of. Ar > n statistics collected by the census bureau rolafl veto population , wealth am debt will bo the basis for all commorcla directories fpntlio next ten years. It Is important , therefore , that state am local authorities should aid the bureau in securing1' ' accurate information Schedules ImVe been forwarded to every county for llltfpurposo of securing offi cial statistic of wealth , debt and taxa tion , which will bo given a place in the eleventh census. The trilling cost in volved in complying with the request is overbalanced by the benefits resulting from an olllcial financial record in whn : will bo the reference book of the nation Tun efforts of the local medical asso elation to induce the national medical congress to meet in Omaha deserve the cordial co-operation of all profcs sional and business men. The fact that Omaha is a healthier city than a major ity of the boasted health resorts is a sti-oncr ai-L'timent. In Us favor. Tlio ad vantages of a congress of twenty-five hundred members should not bo lost foi the trilling sum necessary to receive ami entertain them. THE board of trade junket will cost the members ono hundred dollars each. This money could be more advantage ously used in making the nucleus of a fund to stimulate manufacturing enter prises. JUDOK GHOPP puts a quietus on the visionary scheme of transfusion to the South Platte and loading him with gubernatorial and senatorial honors. Secretary 1'roelor'n Plan. CIltMUO XCU'S. Secretary Proctor wants to ndd an Indliin regiment to the army. Doubtless the secre tary has been impressed by the martini bear ing of the various wooden tobacco signs of his acquaintance. Don't Apply to St. / , < mf * GlolM-DcniHcntt. ' A temporary loss of self-control" Is the mild definition plvea by General Sohoflold to the offense of Lieutenant Stecle. Hut when a private soldier ventures to resist official tyranny they call It a grave crime aad send him to prison. The Snub to Sallslinry. Xcte l"o7c ; ll'iir/t/ / / . The effort of Lord Salisbury , premier of Enjrlaiul , to enter the Casino at Monte Carlo without a ticket Is ludicrous in its various aspects. Why a prime minister should insist upon dead-beat courtesies in a remote locality is not apparent. Salisbury received the re buke ho deserved. Crime Center. fittjfala Courier. Buffalo just , now leads the procession in criminal mutters. Kommler , a Buffalo mur derer is the first under , case the electrical ex ecution law , and the treasurer of the Buffalo Press club thoilrst under the now extradition treaty. The treaty went into effect last Fri day and thu treasurer went out of the country Saturday. What Uoiincd Itoston. A'n/iund Cllu Times. Now England maid stilnd the tax on hides , but when it was projioscd to put u tariff on beans a howl went up from Boston that echoed in thunder tones through the corridors of the national capital. Over a hundred years ago New England was willing to light against a tax on a less popular commodity than beans. S r. I TK . t XJt TKIt It I IV > Jl Y. Xcl > raska .lot tin - Aurora is sure to have tin OIH.-III house this season. Beiikclinan wants mi agricultural imple " ment house. y Twenty-live hundred head of Texas cattle arc to bo shipped into Clmppell. The Frontier county teachers' association will meet at Stockvlllo May ! i and .1. Whitney boasts > of the only Catholic church building in Dawes county ousido of Children. The annual ministerial meeting of the Chadron district will bo held at Valentine May ( t , 7 and 8. There will bo n contest of gentlemen's roadsters nt the association grounds at Cor- lIllVH 13111-1V ill .llllv. .T. Brenner , u Union Pacific brakeman , was badly injured in a wreck at Columbus , caused by a freight train breaking in two. The "Johnstown Horror , " a Shickloy cliar- acter , has boon forced to skip thu country after rotten caging a fellow citizen. The farmers of western Sheridan county to the number ofJOO have put up $10 apiece to erect a grain elevator at Hay Springs. Mrs. Dickey , matron of tlio Franklin academy , was found dead in bed Stnidnv evening. She had been In good health all day inul attended church in the morning. Mrs. Chris Graver of Valley , who recentlv guvu birth to a son , has become insane and it will probably be necessary to confine her to an asylum. E. E. Brown has became the owner of the Alum Tribune again by foreclosing a niort- gage on the plant , ami Brown & Moore an ) out. . Two boys were bitten by mad dogs at Beaver City the other day. They have been treated with a mudstone and no bad results are anticipated. Nuckollscounty will bo a veritable flax field tlio coining yenr , says the Hardy Herald. If the crop and price' arc fair another season look out for diamonds down this way. There nro 1IVS,8SO acres of improved land hi Custer county , assessed at $ i.\YJ-li ! , or mi averagoof.-SJ.il ) per aero ; and fiO.VJIJ acres of unimproved land , assessed at $ KiUKJ.or ( , an avenitro of Sl.lij nor acre. Hev. Father O'Hcllly ' , now stationed at West Point , hits been appointed pastor of the Catholic churches at Allilon mid Fullerton. Kallier Hiilvenbiirg of Louisville , Ky. , will take up the work atVcst Point. The BenkclmiiiT Uvpublican tells this : He- ports from Tticsdnv'H storm say that nearlv everything mado'Of'steel ' was heavily charged with electricity. .Teiinio Koimdey , fa catch ing hold of a knob on a stove door , received a .severe shock. Henry Myers of Hiawatha told of one of his neighbors who , in picking up a piece of fence' ' 'wire , received a shock that nearly prostrated him. Several other Instances lire reiiorted where pel-sons , ill touching metal , wcro imlckly admonished bv electricity to releu < n > , .their hold. l Vlfl. ItUIIIR. There are fifteou b'vanch alliances in Clay county. . , A well is bcinjM iint down at Alpona to furnish the city witfiwater. The coat met foribhlldliig the now Franklin county court house has been lot for ? 11'JOO. Bert Algcr was shot and instantly killed by his brother while hunting ducks near Huth- vett. vett.A A member of the Pooahontas county grand jury paid 810 mid costs for being drunk and disorderly. An effort Js being made to secure the re moval of the Milwaukea round houses and shops from Sun torn to Everly. Over ono hundred ministers will attend the meeting of tlio state synod of the Dutch Ho- formed church in Orange City la May. At the confercnco of the Latter Day Saints nt Liimonl it was decided to build a college , and a committee of seven was appointed to recclv.o bhH for locution. Hov. George Erb. pastor of the IJracoIle- Ibrmed church nt Wilton , Muscatlno county , wus dobnrrcd from the church and forced to leave town , under throat of un application of lor nnd fonthnrn. for forcibly kissing1 n re sppctublo young liuly of his Hock ngtitnst ho A Klngsloy wouinn left her husband the other day , taking with her a spun of mules The bereaved husband otters u reward of ? 10 for the return of the mules. The now law for the protection of fish in Iowa waters is now in force and tlio profes sloual fisherman must bo on Ids guard am not violate its provisions. A penalty attaches to the taking of any bass , pike , croppies ot nny other game fish between November 1 niu Mar 11 , In any manner whatever. Bullhead , nml suckers can betaken ut any tlmo and it nny way. Tito farmers of Johnson county do not in tend to submit to the extortions of the twine trust , nml are mailing a move to procure theft- binding twine nt lower prices and hell out homo industry nt the snnio time , A largo meeting of the fanners of tlio county was held tit Iowa City the other day , when a com mtttoo was appointed to take definite nctloi hi the establishment of a co-opcnitlvo twine- factory nt that place. A party of hunters , while In thowoodsncnr Hnrixu-'s ferry , Allamakco county , the othei tluy found under some brush n human skull nml by 1H side a blood-stained knife. Scare ! was made for thu remainder of the body , bu it could not bo found. There Is no duo as to the Identity of the victim , tlio head being decomposed composed beyond recognition. It ! though the head was severed from the body and the latter thrown Into the river. A curious accident was witnessed by two Alton citizens' the other day. They wcro re movlnir Komi ! fiirnltm-n in n wniroii from tha place to Sioux Center when n thunderstorn came up. They had noticed an caglo llyiiij , quite high in the air , nnd while watching it i bolt of lightning suddenly struck the bin ! and it fell to the ground. The shock Imockei their team lo the ground und jarred them uj considerably , but a few mlntitss nftcnvnri they found the eagle lying on the ground , its left wing almost torn off. With the exccptioi of the injured wing , the bird was not seri ously hurt , and was captured ullve nnd tnkei to Alton , where It wus presented to the editoi of the Democrat. A small boy's desire for fish cnmovery neni costing three' lives nt Ida Grove a few days ago. The bov attempted to climb along nn Iron slinft extending to the wheclhoiiso of the mill , when he missed his hold nml fell into the river. In nn instantho was sucked unilci by tlio eddies at the dam. Seeing tlio boy's helpless position W. J. Scott plunged into the seething current and seizing the child at tempted to get him ashore , but was us help less in the swift current ns the child , am ; both went under. C. S. Hoyt , throxving ofl Ids coat , plunged in nnd was up with them when the two came up. Selling the boy tlio two men struggled to reach the shore , but the cross currents and eddies were too power ful nnd all were sucked under in n bunch. By this time Frank Hilliurd secured a pole ami reaching it to them when they came up the third time was enabled to pull them ashore. The boy was nearly lifeless und it required active work for twenty minutes to resuscitate him. Citizens of Ida Grove are loud in theii praise of the manly courage of thu two gen tlemen who so nobly risked their lives. Tke Const and NortInvent. Twenty ladies voted at the school election in Anaconda , Mont. Over $3,000 worth of postage .stamps were sold last year at Boise City , Idaho. Butto's new electric light company lias commenced business with UOU lamps. Over SI,0KOi)0 ( ) worth of real cstato has changed hands iu Seattle since January 1. Aunt Peggy Barnes , a colored woman at Petalumu , Cnl. , is said to be ! ( ) . " > yours old. An athletie'assoeiution has been organized ut Helena. Mont. , with a capital stock of ftl.lioo. The ground on which Helena. Mont. , is built yielded S0,000,000 ! in gold when it wus mined. The , ' ! 00 Chinese vegetable dealers nt Los Angeles huvo formed a trust to control- the business. An artesian well on Charles Smith's farm near Anaheim , Cnl. , is constantly throwing out small tiuh. Governor Slump of Idaho has issued a pro clamation designating Monday , the -JSth last. , as Arbor day. Butte is making a heroic effort to raise a fund for the maintcnuncotof a baseball team in that city this season. It is said that the sheriff's office in Doer Lodge and other populous Montana counties is worth PiO.OOO annually. Three Angora goats owned by Mr. Hicka- thier of Drain , Ore. , were sheared recently whoso fleeces weighed I'M pounds. The loss of cattle on Snake river , Idaho , has been greatly exaggerated. Competentjudges suy it will not exceed 20 per coat. A twelve-year-old Spokane Falls boy was carried over the falls the other day on a raft which he ixid constructed and was dashed to death. Hunters are slaughtering deer for , their skins near Lake Chclun , Wash. The deer are poor and the snow is so deep they are slaughtered by the wholesale with clubs. The cards announcing the funeral of the life George Hammond of Phillipsburg bore this curious legend : "Tho pioneer , like the Indian und buffalo , must go. Uequiescut in peace. " Captain George , the leading chief of the [ 'lutes , died ut Paradise valley , Nevada , re cently. He has over been the unflinching friend of the whites , and wus quiet ami peace able. able.Ed Ed Culvert of Kuco Track , Deer Lodge county , Montana , owns u cow that last week dropped n calf with n perfect jack rabbit's head. Mr. Culvert says if the calf lives , ho uellovus the head will turn perfectly white. The full of snow this winter in tlio range lust south of Anaconda , Mont. , has been ex ceedingly heavy. A resident of Germangulcli lias measured each fall during the winter and it figures up seventeen feet and four Inches. The famous old California niiuo of Nevada district , in years gone by ouo of the leading imirU properties in Nevada county , is again coming to the front , and bids fair to surpass ; ts curlier record as a gold producer. The mine Is to bo worked on an extensive scale. Patroui/ors of the theater uro hot over the way performances there uro interrupted by : be opera glass and iicnmtt fiends , says the Suit Lake Tribune. It is rather embarrass ing , to say the least , to a sentimental passage , For instance , just as tlio heroine gasps out , "Dearest , say you love mel'Mohear that wild , iarburio yuwh from under the gallery , "Pea nuts ! " "Oporu glasses ! Now's ycr lust chance ! " tlshcr Chnso and Low Fcrgei-son lost week went up to Trinity lakes , twelve miles from .Ills town , nnd brought over UK ) pounds of liio mountain trout , which they readily sold it W ) cciits per pound , MI.VS the Hot-fey Bur ( Idaho ) Bulletin. After shoveling ten or twelve feet of show ami cutting through several feet rtf Ice , they were kept busy hook ing the speckled beauties until they hud se cured ull they wished to pack on their bucks. li rnin in fm'iniLtlnn frmii tm trui4t isOtnlilit sources from various purls ot Montana it up- tears that the llvo stock industry is in a verv lourisdiing condition. The loss during thu .Hist . winter has been very small , und umong latlvo range stock scarcely anything at all. All the largo herds on the Yellowstone , Sun river , Tut on , Marias and Judith Basin are ilinost intact , und the increase this yeur will n-obubly IHJ greater than ever boforo. The ipring is opening up line , nnd the chances for mmnnso shipments of beef cattle during the summer ami full uro very favorable. Tlio Tjcwls Ncliool Dcqucsl. Cllir.uio , April 15. ( Special Telegram to I'lif. BHK.J Hugh White , onoof the trustees of thu Lewis school bequest , regarding which nquiry wasmndo from Omaha , said thu delay a establishing the school wus duo solely to ho dilllculty In procuring n sultublu site. 'That at Union and Randolph streets will not lo , " said ho. "There are only IW feet front age and a depth of 100 feet. Wo will moro bun llkelv sell that property and buy other. Tito fund bus amounted t $ * < )0,000 ) for u year. V soon as wo get a proper site wo will break ground. Jn two or three weeks wo will know something definite. [ Mrs. Newton , the Omaha lady who wrote o Chicago concerning the institute , Is the irlnclpal of thuCusUllur street school. Her ohly object In making the inquiry was to iscertuin If tha school hud been started , as she wished to take u special course there vith her daughter , ami is surprised at the re sult pf her letter. ] Tlio Kiiu ( | < li-oii In ICiu-opo. [ CujwW IXVt > U Jiiinen lionlaii Jtennctt. ] COIIFU , April 15. [ New York Herald Ca- ilo Special to Tin : BEK. ] The Atlualu and toston sailed yesterday for Messina , where hey will go into dock tfi bo cleaned und huvo heir Ixittoms painted Thu Chicago und Yorktowu will sail tomorrow for Malta. LEGISLATIVE PRKHOCATIVI ! Sljall Oourts Dotennlno the Reasonableness of Fixed Charges , A QUESTION OF TRANSPORTATION , Opinion ol'Jiittioe Ilrailley , Who IIoIdH That the Htnto IjfgU- laturcs Alone I lave That Power. Tito following Is the dissenting opinion of Justice Bradley , concurred In by Justices C1ruy nml Lnmnr , from the decision of the United States supreme court In the Minnesota seta cases : Hui-uKMi : counr or THIS irsr : n STATUS. The Chicago. Milwaukee , V Si. I'nnt railway company , plululltr In emir , vx. lliUHlnlo of IMIime.oota ox ii > l , tlio Itullroud nndtiro - houo commission of the state of Miiim'iotn. In urror to lliu supreme court of the state of Minnesota. The Mliiiicupolls Eastern nillivny company , plulntlir In error , vs. UioMnto of Minnesota ox rel.tho Itatlroad and Wavolmnio commis sion of the stutu of Mliini--otu , In error to the supreme court of the state of Mlnne- Mr. Justice Bradley dissenting : I cannot ngreo to the decision of the court in this case ; It practicnlly overrules Munn vs Illinois ( til United States 1UI ) and thu several railroad cases that were decided at the sumo time. The governing principle of those cases was that the regulation and settlement of the fares of railroads and other public accommo dations is n legislative prerogative nml not n judicial one. This is n principle which I re gard ns of great importance. When n rail road company is chartered it is for the pur- IKJSO of performing a duty which belongs to the state Itself. It is chartered us an agent of the stutc for furnishing publie necommoda- tion. The state might build its railroads if It saw fit. It Is its duty nud its prerogative to provide means of intercommunication between one part of its territory und another. And this duty is de volved tinon the Icgislntivo department. If the legislature commissions private parties , whether corporations or individuals , to per form this duty , it is its prerogative to fix the fares and freights which they may churgo for their services. When merely n i-oad or a camil is to bo constnictcd , it is for the legis lature to lix the tolls to be paid by those who use it : when a company is chartered not only to build a road , but to carry on public tnniii- ] > ortation upon it , it Is for the legislature to fix the charges for such transportation. But it is said that nil charges should bo rea sonable , and that none but reasonublccharges can bo exacted ; and it is urged that what Is n reusonublo clmrgo is a Judicial question. On the contrary , it is pre-eminently n legislative one , involving considerations of policy as well us of remuneration ; and is usually d''termined bv tliu legislature by fixing a maximum of charges in the charter of the company , or afterwards , if its hands are not lied bv con tract. If this maximum is not. cxcccileit tlio courts can not interfere. When the rates are not thus determined they are left to the dis cretion of the company , subject to the ex press or implied condition that they shall bo reasonable ; express , when so declared by statute ; implied by thu common law , when the statute is silent ; and the common law has effect bv virtueof tlio legislative will. Thus the legislature either fixes the charges at rates which it deems reasonable , or merely declares that they shall bo reasonable , and it is only in tlio latter case , wnero want is reasonable is left open , that the courts have jurisdiction of the subject. I repeat : When tliu legislature declares thatthe charges shall be reasonable , or , which is the saino thing , allows the common law rule to that effect to prevail and leaves the matter there , then re sort may bo had to the courts to inquire judicially whether the charges m-o reason able. Then , and not till then , is it a judicial question. But the legislature has the right , und it is its prerogative , if it chooses to exercise - erciso it , to declare what is reasonable. This is just where I differ from the. major ity of the court. They suy in effect , if not in terms , that the final tribunal of arbitrament is the judiciary ; I say it is the legislature. I hold that it is a legislative question , not u jti- dial one. unless the legislature or the law , ( which is tlio same thing ) , has made it judi cial , by prescribing the rale that the charges shall bo reusonulo , and leaving it there. It is always n. delicate thing for the courts to make an i-suo with the legislative depart ment of the government , and they should never do so if It is possible to avoid it. By the decision now made wo declare , in effect , that the judiciary , and not the legisla ture , is the final arbiter in the regulation of fares and freights of railroads ami the charges of other publio uccommodutions. It is an assumption of authority on the part of the judiciary which , it seems to me , with all duo deference to the Judgment of my brethren , it has no right to make. The assertion of jurisdiction by this court makes it tlio duty of every court of gen eral jurisdiction , s > tate or federal , to entertain complaints against the decisions of the boards of commissioners appointed by' the states to regulate their railroad * ; for all courts uro bound by the constitution of the United States , thu same as wo are. Our Jurisdiction ia nmwlvittiimllutf * The incongruity of this position will appear distinctly by u reference to the nuturo of the cases under consideration. The question pre sented bcjforo the commission in each case wus one relating simply to tlio reasoaableiu-ss of the rates churged by the companies u question of more or less. In thu ono case the company charged II cents a gallon for carrying milk between certain points. The commission deemed this to bo unreasonable , and reduced the charge to y'j ' cents. In the other case the company charged SI.-J. > per cur for handling and switching empty cars over its lines within the city of Minneapolis , and $ l. . " > 0 for loaded cars ; and the commission decided thut SI.X ( ) per car was a stiHlclcnt clmrgo in nil cases. 1'ho companies complain that the charges as fixed by the commisslonarounreusoaablylow , and the } ' nro deprived of their property wlth- mt duo process of law , that they uro cnt'tled ' ; o n trial by n court nnd jury , und uro not jarred by the decisions of n legislative com- nlssiou. Tbo state court held tliut the legls- uturo hud the right to establish such a com- nission , and that its determinations nro binding and final , und that thu courts cannot review them. This court now reverses that lecisiou , tind holds tbo contrary. In my Judg- neat the state com t was right , and the ostun- ishment of the commission , und its proceed- ngs , were no violation of the constitutional imbibition ngiiiast depriving persons of their iropertv without duo process of law. I think It Is perfectly clour , and well settled > y the decisions of this court , that thu Icgls- uturu might have fixed thu rates In question. f it hud douo HO , it would have dnno it hrougli the aid of committees appointed Jo nvostImiln tlm snlili-i-t. to lu-iiulre Informa tion , to clto p.mles , to get all the tuots neioro them and finally to decide and report. No ono could have huid that this wa.s not duo pro- -ess of law. And If tlio legislature itself oiild do this , ucting by Its committees , und iroctvdingui-conlliig tot In1 UHtml form udopti'd ly such bodies , I eunioo nogood reason why It lilglit not delegate the duty to u board of ommihslonors , churned , us tlm board in this ase was , to roguluto und fix the charges , HO is to be equal and reasonable. Such a hoard vouid have ut lit , command all the means of Dotting ut the truth and ascertaining tlio rcn- oiiabtonosH of fares and freights , which a oglslatlvo committee has. It might , or it night not , .swear witnesses and examine urtles. Its dutlc.s being of an ndmlnlstra- Ivo chaructor , It would huvo the widest scope forcxtunlmiUon and Inquiry. All means if knowledge nnd Information would bu ut U iimimuiid ] ii"t as they would bo ut the ommaml of the h-glslaturo which creuted It. inch u body , though not u court , Is u proper rlbunul for thu duties Imposed upjn It. In the case of Davidson v City of Now Or- cans ( in ! U. S. 1(7) ( ) , wo decided that the ap- Kilntmont of a Ixjard of assessors for iissess- ng damage * wus not only duu prociiss of law , jut the proiKu- method for mulling as.se.ss- uents to disirihuto the burden of a public vork amongst UHHO who are bunefltted by It. s'o ono question * thu t-onstitutlrnullty or pro- iriety of boards for assessing property for axution , or for the Improvement of streets , ewers , und the like , or of commissions to es- ubllsh county ueats , and for doing nuiiy other things appertaining to ho administrative management of pub ic uffuirs. Duo process of law docs not ulways require n court. It merely requires uch tribunul-s und proceedings us are nroper o the subject In hand. In the railroad com- ulsMon cases mil U. S. 1M , > wo held that u ward of commbsttmors Is n proper tribunal or determining the proper niton of faro und ralght on the railroads of u stato. It seems o mo , therefore , thut the law of Minnesota did not prescribe anything thut wus not In necordniico with duo procossof Inxvlnrroatlng such n board , nnd Investing It with thu pownrshrqtieslUm. It Is complained that the decisions of tlio Iward nro final and without npiKMil. So nro tbo decisions of the courts In matters within / their jurisdiction. There must bu n final tribunal somewhere for deciding every qucs- tion In the world. Injustice mavtaku place- in nil tribunals. All human Institutions im Imperfect courts ns well us commissions am legislatures. Whutovcrtrlbumd has jurisdl/ tipn , Its decisions ntv final mid conclusive un less mi appeal Is given therefrom. Tlio 1m- ) HHnnt question always is , what is tfie lawful tribunal for thu particular caiel In my judg ment , in the present case , the proper tribunal was thu legislature , or the board of commh- slonorsi which Iterented for the purpose. If not In terms , yet la effect , the present. cases are treated us If the constitutional pro hibition wus , that no state shall lake private property for public u .o without just compen sationand ns If It was our duty to judge of the compensation. But there I 'no such clause in the constitution of tlio United States. The fifth amendment Is prohibitory upon the fedeiid government onlv. nnd not upon the state government * . In tills matter just comiH'nsutlon for property taken for public usu the states make their own regu lations , by constitution or otherwise. Thev nro only required by the federal constitution to provide "duo pro cess of law. " It was allogi.il In Davidson vs Now Orleans , that the property assessed was not benellttod by the Improve- inent ; but we held that th'at was a mutter \vtt1l ll'llli.ll IVrt 1i-nl1i1 tint { xt/it'Tit * * . * . Hi. i question was , whether there was due process of law. ( Ill U. S. 100. ) If n state court ren ders nn unjust judgment wo cannot rem edy It. I do not mean to say that the legislature , or Its constituted board of commi.Hslonors , or other legislative agency , may not so act us lo deprive parties of their property with out duo process of liny. The constitu tion contemplates the possibility of such ua Invasion of rights. But ! acting within their jurisdiction , ( as in those cases they have done , ) the invasion should be clear ' ami unmistakable to bring the case withifi that category. Nothing of the kind exists in the cases before us. The legislature , in es tablishing the commission , did not exceed Its power ; and the commission , la acting UKin ) the cases , did not exceed its Jurisdiction , and wus not clmrgeublo with fraudulent behavior. There win merely a difference of Judgment as to amount , between the commission and the companies , without nny Indication or in tent on the part of the former to do In justice. The board may huvo erred ; but if they did. us the matter was within their rightful jurisdiction , their decision was lln.il' ' and conclusive unless their proceedings could bo imi > cuchcd for fraud. Deprivation of proi > erty by mere urbitrury power on the part of the legislature , or fraud on the part'of the commission , are the only grounds on which judicial relief may bo sought tigulnst their action. There wus , iu truth , no deprivation of proHi-ty | in these cases ut all. There was , merely u regulation as to the enjoyment of property , made by u strictly competent au thority , in a matter entirely within its juris- ilii't Inn. 11 may be that our legislatures are invested with too much power , open ns they nre , to In fluences so dangerous to the interests of Indi viduals , corporations ami society. Hut such is the constitution of oar republican form of government ; nnd we are bound to abide by it until it ciin be corrector ! in u legitimate w'uy. If ourlcgislatures become too arbitrary in thu exercise of their powers , the people al ways have a remedy in their hands : they may ut nny time restrain them by constitutional limitations. Hut so longns they remain invested with the powers that ordinarily belong to the legisla tive branch of government , they are entitled to exercise those powers , amongst which , in my judgment , is that of the regulation of rail roads und other public means of intercom , municution , and the burdens nnd chaiye ; , which those who own them uro authorized to impose upon the public. I am authorized to suy thut Mr. Justice Gray and Mr. Justice Luinur agrco with mo In this dissenting opinion. Miuvh''l , UjtH ) . A Guardian Appointed Tor One ol'the ) Nobility of Vienna. HtHuliijJiinitiifiurilimJIrnnttt.l ' VIK.SN.I , April ! . " > . ( Xow York Herald Cable Special to Tin ; Bin : . ] A profound sensation has been caused in society circles by the announcement in thu ofllcial court ga/.etto this evening that Priuco CharlesTrauttmans- doi-f , the celebrated turfman and crack pigeon shot , so well known for Ids exploits , has been judicially declared a spendthrift and placed under the guardianship of his uncle. The prince is forty-live yeara old , with vast es tates in Bohemia , and in fact in every prov ince of the empire. His income is estimated at nijKX ( ) ) ( ) florins. The prince always had a magnificent racing stable und in his betting wus favored by fortune and is understood to have cleared large sums. Ijiist December ho lost at the Jockey club in ono evening ut bac carat ! KXOUO ) florins. Ho then bought a largo number of options in spring wheat and March cereals , which going down caused a losss of ir , ( X ) ( XX ) , und in fuct ho could not have settled with the promptness which the exchange demunds hud not his brother-in- law , Markgraf Pallavicini , como generously to his assistance. Ho is a most popular mem ber of the high nobility , and his misfortunes are generally regretted. Kort IJCHVIMIworth Xotes. Four LKAVKXWOIITII , Kan. , April 15.- [ Special to Tun Bin : . ] Second lieutenant W. II. Baldwin , Seventh cavalry , has been granted four mouths' leave of absence. First Lieutenant John II. I'eshine , Thir teenth Infantry , has IKXMI grunted a leave of absence for two months. General McCook , post commander , has is sued the following order : "Hereafter , com manders of mounted organizations will KCO that their horses do not tiiivel the roads bor dering tlio parudo ground when It is not necessary. " Lieutenant Colonel fJeorgo B. Sunford , Ninth cavalry ; Major Jacob Kline , Tweiity- fourtli infantry ; Captain C. A. Woodruff , Second artillery ; Captain.I. M. Sanno , Sey- cnth infantry : Captain .1. U. 11. Knight- corps of engineers , nnd Second Lieutenant Juntos B. Aleshiro.liuvo been appointed lo examine - amino student ollleors the in fantry and cavalry school. All thooftlcors at the fort , as well as Chap- lulu McClourv's countless friends in the city , are greatly pleased thut the order removing him from the military prison to Fort Assinu- bolne , Mont. , has been revoked and that the reverend gentleman will stay. Cuptuin Charles A. Coolldgo , Suvonth In fantry , bus been grunted twelve days' leave of absence. Tlio following order lius been promulgated from ] K.st headquarters : At gallery pmcllco und on the runge , commanders of organi/u- tlons will MOO that men on duty in tliu post canteen Jlre and return us HOOII u.s nnu' niter reporting : Captain J. W. Norvillo , Twelfth infantry , has been ordered to report at Fort Leaven- worth for examination before un examining board. ( Jenernl Men-lit has selected the Iloiiser house , comer of Chestnut und Broadway , Si. Louis , ILS the heudqnurters for the depart ment of tbo Missouri. Tlio removal takes pluco in a few weeks. Iti-a/.ll'H 1'roinlmn on ( loltl. Bi'KMis Arm : * , April 15 , The premium on gold today Is . ' .11. OMAHA LOAN AND TRUST COMPANY. Subscribed < & Cinurunlced Capital T.'OO.ncQ 1'iildlnCiipltiil ; i.VOOi ) IliiyHund milHHtiul | > M und bonds ; iHijrotlutiis coiiiiiutrubil piipcri rocolMis und executes trusts ; iiiUH us truimfur UKunt und trusted of corporations ; tuki-a cliurtfo of proiierty ; col . . lects tu.xca. OmahaLoan & TrustCo SAVINGS BANK S. E. Cor. 10th and Douglas Sts. Paid la Capital t M.OOJ Hiibscilbcil und ( iiiuiiinti-cd Capltul. . . . Mt.ifn MaMlltyof Klocklinldfr W > , W > & I'ur Cent Inteirnt I'ald on lluii | > slts. I'llANK J. I.ANdi : , Ciihhlur. Olllcvm : A. U. Wymnn. iirvulilunt , J. J. llrnwn yl' > 'i l > ri' hlBnl ; W.TWriimn. . triuiiurur. Dlrcclom ; A. V. Wjriuim , J. II .MllUnl , J. .1. llruwn , liny 0. llnitiiu. I" W- Null , Tliumux J. Klmbull , ( icuritu II. 1.IUV- Loans In any amount iiiiidn on City A I arm I'loperly iiMiloa l'oluli-rut | Security , ut l.ort- ual rates curicul.