jUUKjteMD
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THURSDAY, JULY 6, I'M I
ANNOUNCEMENTS
INTERSTATE COMMERCE
In strut I ve Address of Hon. Willis E.
Reed Before Stockmen's
Convention
REMARKS REGARDING REBATES
Hon Willis K. Reed of Madison,
Nebraska, waR Invited to deliver an
address before the Htockmen's con
vention Ht Alliance, July 6th, and
for his addreRs he selected a theme
thai 1r of great IntereRt, not only to
stock growers, but also to buHinesR
MS and all other persons who ship
or travel over the railroads. Mr.
Reed 1h a cloRe student of current
events, logical thinker, and forceful
speaker. Following Is the address dC
visit various points along the coast.
After counting all the money she
had and denying herself of any lux
ury, Rhe dlRcovered that Rhe had suf
ficient means, upon that basis, to
make the trip and would not have
made It but for the fact that the
cost of the ticket happened to be
within her financial meanfl. She
made the trip and upon returning,
found a letter from the railway com
pany to the effect that there had
been a mistake In estimating the
coat of the ticket and that she was
Indebted to the company for $40 and
that she Rhould pay It or each would
be liable, under the criminal law, for
having given rebates, as to the com
pany, and Rhe for having accepted
flame.
These mistakes were diflcovered by
the auditor in going over the schedule
of published liites and chargefl, in
conformity to the law and which
could not be changed except by pub
lishing the ratea after flrHt having
secured the consent of the rnilw.n
commission. The companies are re
quired to prosecute these cases. The
public affected thereby refuRe to pa
any more. This brings each clearly
within the law, and serious trouble
confronts each unless the same are
paid. Some say that the patrons
should be excused because they did
not know what the rates are. There
is a presumption of law, however,
that everyone Is supposed to know
what the law Is. This is a neces
sary presumption because If It were
not true, then whenever there was a
law that was Injurious to an individ
ual, or the business of a person, he
could always plead ignorance of the
law, for Ignorance would then ex
cuse hltn. We are, therefore, con
fronted with a condition and not a
theory.
It is believed by many that the
rates as they now exist are of such
a complicated nature and character
that frequently experts differ radi
cally upon the meaning and construc
tion of the same. To complicate
matters more, each state in the un
ion has sought to regulate freight
iinrl mi Ksclie. r rnlpu In munv In.
llvcred at Alliance, and is well worth K(an,.es 8tate 'ifferinK 8nKhtlv
The
COUNTY TREASURER
I hereby announce myself as a
candidate for the office of county
treasurer of Box Butte county, sub
ject to the democratic and peoples
independent primaries to be held
August 15, 1911. ISAAC ROCKEY.
20-tE-705
COUNTY TREASURER
I announce myself as a candidate
for nomination for County Treasurer
on tbe republican ticket, and If nom
inated and elected will give the of
fice my entire time- and attention.
GLEN MILLER..
COUNTY CLERK
I hereby aunounce myself as a
candidate for tbe office of county
clerk of Box Butte county, subject
to the democratic and peoples Inde
pendent primaries to be held Aug
ust 55, 1911.
JOHN B. KNIEST.
COUNTY JUDGE
I hereby announce that 1 am a
candidate for re-election to the office
of county Judge of Box Butte count
y, subject to the democratic and
people's Independent nominations at
the primary election to be held Aug
ust 15, 1911.
L. A. BERRY.
SHERIFF
I hereby announce myself as a
candidate for the office of sheriff of
Box Butte county, subject to the
demi.ciattc and people's independent
nomination at the primaries to be
held Aug. 15, 1911.
OEORGE P. SNYDER.
SHERIFF
Having been requested by numer
ous friends to run for sheriff of
Box Butte county, I hereby announce
that I will be a candidate for that
office, subject to the democratic and
peoples Independent primaries, to be
held August 15. 1911.
SIMON SPRY.
SHERIFF
a persual by every reader of
Herald:
No question Is of more vital Inter
est to the thinking public at the
present time than the existing law
respecting the giving of rebates by
common carriers and the receiving
of the same by shippers and the
traveling public.
It does not seem to be generally
known that transactions absolutely
Innocent within themselveR, In which
the carrier on the one part and the
public upon the other, have acted In
the utmost good faith by reason of
the law as constructed by the Inter
state commerce commission, not on
ly the common carrier, but the pub
lic as well, frequently stand face to
face with charges of violating the
law In a criminal manner.
I call to mind a case In point re
specting freight rates. A firm in
Madison, ordered a car-load of dry
lumber from a lumber firm In Ten
nessee, to be delivered at Madison,
f. o. b. for a given sum, or price.
That Is to say, the lumber was to be
shipped to Madison from Memphis,
Tennessee, and from the purchase
price the lumber company at Madi
son was to pay the freight and send
the balance of the purchase price to
the firm In Memphis, Tennessee.
This they did, each Individual, In
cluding the agent of the railway at
Madison, exercising the utmost good
faith. Some months thereafter,
when checking over the books of
the railway company, it was discov
ered that the Union Pacific company
at Madison, should have collected
from the consignee $11. 23 more than
was collected, In order to collect the
amount required by the schedule of
published rates which were In force
at the time of the shipment. and
which, under the federal law could
not be changed without a republica
tion and permission of the commis
sion; and, after the publication, with
the consent of the commission, the
tariff rates then published became a
part of the law of the land and the
railroad company are powerless to
accept any less than the published
rates and If they do so, they are
guilty of violating the law against
rebating and are subject to criminal
prosecution for the violation thereof.
The failure on the part of the con
signee to pay the full amount as
shown by the schedule of rates In
force, makes the consignee liable not
only civilly for the unpaid amount,
but liable to criminal prosecution for
receiving rebates.
There are thousands upon thous
ands of such cases, similar to the
one just mentioned. In process of
collection with the various railway
companies throughout the United
States; and can be enforced within
the period of the Statute of Limita
tions. In the state of Washington,
where the consignee has demurred
to the paying of rates after having
I wish to announce to the voters
or ox tiuiie county mat l am a
candidate for re election to the of
flee of sheriff of said county, sub
ject to their nomination at the peo
pies independent and democratic pri
manes to be held August 15, 1911.
CAL. COX.
COUNTY CORONER
1 hereby announce myself as a
candidate for the office of county
coroner of Box Butte county, subject
to Hi democratic and peoples inde
pern, nt primaries to be held August
15. 1 11.
FRANK W. BOI.AND. M. D
COUNTY SUPERINTENDENT
1 iah to announce to the voters
of Box Butte count that I am a can
dldaie for re-election to tbe office of
county superintendent, subject to the
democratic and peoples independent
primaries to be held August 15, 1911
DttLLA M. RBBD
Makes Home Baking Easy.
Gives nicer, better food than baker's.
There is no baking powder like it
for hot biscuit, hot breads and cake.
Made from Pure Grape Cream of Tartar,
SEMI-ANNUAL STATEMENT OF TREASURER OF BOX BUTTE COUNTY, NEBR.
Summary of Collections, Disbursements and Balances for the Half Ending
July 1,1911
FRED MOLLRING. County Treasurer.
COLLECTIONS
AMOUNT.
D1SBCK3KMKNTS.
AMOUNT
BALANCES.
AMOUNT.
from the other, because of local sur
roundings, conditions, environment,
temper and condition of the people.
The Interstate commerce commission
spends months in determining what
will be a Just and equitable rate
from one point to another, that there
may be no discrimination. For In
stance, between Chicago, Minneapo
lis, Duluth, St. Louis on the one
part and Spokane, Ogden, Cheyenne
and Denver on the other. As soon
as the rates are thus determined,
possibly while the published notice
Is being necessarily made in con
formity to law, that certain rates
are to go Into effect from and after
a given date. In the meantime, for
Instance, the state of Nebraska, thru
which the traffic from Chicago to
Cheyenne might go, for reasons of
a local character, change the rate
from Sidney, Nebraska, to Omaha,
and Iowa changes the rate from Dav
enport to Council Bluffs, reducing It
to such an extent that It would be
cheaper for the shipper from Chicago
to shtp to Davenport and reblll from
Davenport to Council Bluffs, Iosva,
transfer to Omaha and re bill to Sid
ney and then re-blll to Cheyenne,
Wyoming, because, no matter what
the law is. If the shipper knows that
the sum total of the local rates a
mounts to less than the other rate
he will ship the commodity as local.
He may do this a part of the dis
tance and use interstate the balance
of the way. This, doubtless. In a
measure, accounts for some of the
many mistakes which have from tune
to time been made with reference to
the shipping rate.
Since the Minnesota rate case has
been decided, and although not as
yet finally determined In the court
of last resort in the land, attention
being called to the binding force and
effect of the federal constitution, it
Is quite evident that the supreme
power Is vested in congress to reg
ulate commerce among the several
stales, which necessarily means the
interstate common carriers, and since
you cannot change the rate within
the state without interfering with the
interstate rate, unless the constitu
tion of the United States is changed,
the states are practically powerless
to change the freight rates becanse
It would conflict between the state
and that of the United States, which
the state accepted and adopted as
the supreme fundamental law of the
land and which must necessarily give
way to that of the federal govern
ment. For that reason, and because
of the alarming injustice to the pub
lic, as well as the common carrier, I
have thought it advisable, upon this
occasion, to call your attention to
this remarkable law that has been
unchallenged upon our federal stat
utes, involving and entailing useless
expenditure of time, energy and mon
ey. I have called your attention to
the defect; that Is the first step
towuril reform Thp npxt sten is to
once settled, upon the theory that j algCOVer a remedy and settle Its force
iney were uoiuk uusmess nun cut?
company that should know Its rates,
they are to be brought face to face
in the federal court, before juries of
their own countrymen, for having re-
To
To
To
To
To
1896
1898
ISM
1907
1908
24.21
66.38
13.55
20.60
48.45
583.65
34,282.41
1.498.16
To Cash on hand Forwarded,
$49,852.81
Tax Collected .
Tax Collected .
Tax Collected .
Tax Collected .
Tax Collected .
To 1909 Tax Collected .
To 1910 Tax Collected ..
School Land-Lease .
To Jan. State Aid 370.00
To Jan. App"t Rec'd of St.
Treas 1,314.83
To June App't Rec'd of St.
Treas 1,881.30
To Misc. Col. Co. Gen. .. 1,171.54
To Fines and License Collected
11.00
To Alliance Sewer Lateral, 3,284.29
To interest on County Deposits
183.66
To Fees 112.00
To Redemptions .. .. 1,094.69
By State Treas. Receipt No.
$7,426.66
By State Treas. Receipt No.
1,000.00
By Co. Gen. Warrants R'd'm'd
( ) 8.647.28
n Co. Road Wts. R d m d ( )
1.518.15
By Co. Claims Held for Tax 365.34
By School Bonds and Coupons
1.060.11
By School Orders Paid Local
Tax 21,659.90
By School Building 4.24
By High School 62.25
Alliance Water Bond . . . . 3,261.67
By City Rects., Alliance .. 2.000.00
Alliance Bond Fund City Hall
481.28
Alliance Sewer Lateral . . 4,238.70
Alliance Library 530.59
Alliance Electric Light . . 900.00
Alliance Sewer Bond . . . . 1,575.00
Redemptions Paid 1,149.87
Total Disbursements .. ..55,881.04
By Balance 39,932.47
State (Jeneral Fund :$1.537.20
State University Fund .. .. 633.22
State Redemption Fund 76
Lease on School Land .. .. 1,498.16
Co. General Fund ( ) .. 2,507.85
Co. Bridge Fund ( and Prior
Years) 995.69
Co. Road Fund ( ) .. .. 1,422.31
County Poll 343.00
City Library Fund 499.36
Alliance Electric Light .. .. 4.49
Alliance Bond Fund City Hall
2,093.41
Advertising Fund 1.20
Miscellaneous Fund 1,355.20
School Bond Fund 8,200.86
School Building Fund .. .. 134.74
School District Fund .. .. 9,739.96
School Judgment Fund . . . . 6.93
Redemption 17.10
High School 596.13
General Interest Acct 237.68
City Alliance . . . . . 2,086.13
Village of Hemingford .... 33.80
Alllace Water Bond 1,193.03
Hemingford Water Bond . . 565.81
Sinking Fund Dlst. No. 6 .. 2,104.76
Sinking Fund Dlst. No. 18 .. 181.17
Alliance Sewer Bond . . . . 616.34
Alliance 8ewer Lateral . . .. 1,214.15
Fees , .. .. 112.00
95.813.51
95,813.51
("ash and Cash Items on Hand
39.932.47
This is to Certify. That this is a true and correct statement of all moneys
received and disbursed for the first half 191 1.
FRED MOLLRING, County Treasurer.
July 1, 19 1 1.
and effect before It is crystallzed in
to law, and yet, this is such a glar
ing defect in our law, that no free
government should permit It to re
main noon tin- Mainte without ston-
celved and retained rebates In viola-!plnK to consider it for a time and
tlou to the law. In many Instances pagg tne neceg8ary remedial legls
t.he firms and companies have gone j iatton.
out of existance and it is impossible 1 It houid mako no difference who
for the shipper or the consignee to propoge8 the amendment, be he dem-
recoup their losses or protect them-1 T ... . ... , . ., .
seUes Much as common carriers ocrt- ,Y , , ' APOPU,Jj & 8llaU
would like to drop the cases, settle taklng Ts a "re
or adjust them, they are deterred have. Am waking as deep a re
froiu so doing, under the ruling of as possible o solve the rate
the interstate commerce commission '"OR- 1becau,?e . X
by threat of criminal prosecution, and SL,? 1V h eq"itab'y
no matter what It costs the common 1 j MJ ht with equal justice o the
carrier. It is required to exhaust ev-1 "pper .'fl
ery legal remedy for the collection " , , , . ,u , T
of the rebate in order to save itself
from sentence In the federal court
for a violation of the criminal stat
ute. The same rule applies to the pas
senger department and a case in
point arose in Madison county, in
which a school miss, who, like most
ot those who fill that profession, had
no extra money after paying her ex
penses In training school and who,
having looked forward to a time
when she might visit tbe coast coun
try on the west, inquired of the lo
cal agent for the coat of a round
trip ticket that would permit her to
ing condition of violating the law, by
reason of complicated conditions ov
er which he has no power or con
trol, as Is the case at present.
There are other things to be tak
en into consideration, many grevious
defects of which you. as shippers,
have experienced, and the carrier
seriously hampered, and 1 should be
glad to confer with you, touching the
points that seem to be necessary for
better service from your point of
view, that, between us, working to
gether, we may be able to solve the
question and solve it correctly, with
equal and exact justice to all.
As the law now stands, It would
seem that a step In the right direc
tion would be to make the chairman
of our state railway commission, ex
officio a member of the Interstate
railway commission, with authority
to Bit with them whenever any rate
Is considered that affected that part
of the country or state which he rep
resents, that we might be able to
present our grievances to him, and
through him speak on behalf of our
selves and our respective states and
that upon a proper showing, settle
ments could be made in similar caseB,
ot which I have spoken, by the lo
cal state commission without being
required to face a criminal charge,
when no criminal Intent was Intend
ed by either party, as is doubtless
the case, perhaps, in all of the un
settled controversies now being ad
Justed between the several carriers
and various patrons of the respect
ive roads. The remedy suggested by
me is a mere suggestion and it Is
one of our duties to try to discover
a better way of adjustment and reg
ulation, if possible.
Certain rights and prlveleges were
reserved to the people of the re
spective states of the union at the
time of the adoption of the federal
constitution, and they should be pre
served and retained. At the same
time the federal constitution was
adopted for a grand and r. b'.e pur
pose and the responsibility now r sts
with this generation to clearly dis
tinguish between them and work for
one common end. the greatest good
to the greatest number with the least
possible injury to anyone.
which may properly come before the
convention.
The representation in Bald conven
tion will be based upon the vote cast
for presidential electors in 1908, and
each county will be entitled to one
delegate for each 150 votes, or major
fraction thereof, cast at said presi
dential election, giving the several
counties representation as follows:
Adams .
Antelope
Banner .
Blaine ..
16
.10
1
..1
CALL FOR DEMOCRATIC
STATE CONVENTION
The democratic electors of the
state of Nebraska are hereby called
to meet In delegate convention In
the city of Fremont, Tuesday, July
25th, 1911 at 2 o'clock p. m . for the
purpose of drafting a democratic
state platform, the election of a
democratic state committee, and the
transaction of any other business
Boone 11
Box Butte . . 5
Boyd 6
Brown 4
Buffalo .. .. 17
Burt 8
Butler 14
Cass 16
Cedar 12
Chase 2
Cherry . . . . 7
Cheyenne .. ..6
Clay 13
Colfax 8
Cuming . . . . 11
Custer .. .. 19
Dakota 5
Dawes 5
Dawson . . . . 13
Deuel 3
Dixon 7
Dodge 18
Douglas . . . . 104
Dundy 3
Fllmore .. .. 13
Franklin .. ..
Frontier .....
Furnas . . . . 11
Gage 21
Garden . . . . 3
Garfield .. ..a
Gosper 4
Grant 1
Greeley . . . . 7
Johnson . . . . 8
Kearney . . . . 8
Keith 2
Keya Paha . . 2
Kimball .. .. 1
Knox 14
Lancaster . . 57
Lincoln . . . . 9
Logan 1
Loup 1
Madison . . . . 13
Mcl'herson .. 1
Merrick .. .. 7
Morrill 5
Nance 6
Nemaha . . . . 11
Nucholls . . . . 10
Otoe 16
Pawnee ' . . . . 7
Perkins . . . . 2
Phelps 8
Pierce 7
Platte 17
Polk 8
Red Willow .. 9
Richardson . . 15
Rock 2
Saline . . . . 15
8arpy 7
Saunders .. ..18
Scottsbluff . . 4
Seward . . . . 14
Sheridan . . . . 5
Sherman . . . . 6
Sioux 3
Stanton . . . . 5
Thayer .. .. 11
Thomas . . . . 1
Hall 15 Thurston . . . . 5
Hamilton .. ..11 Valley 7
Harlan 8 Washington ..10
Hayes 2 Wayne .... 7
Hitchcock . . . . 4 Webster . . . . 9
Holt 12 Wheeler .. ..2
Hooker .. .. 1 York 14
Howard . . . . 10
Jefferson .. ..12 Total .. ..886
It Is recommended by the state
committee that no proxies be recog
nized by the state convention, but
that the delegates actually present
from each county be authorized to
cast the full number of votes to
which the county is entitled under
this call. J. C. Byrnes, Chairman;
Leo Matthews, Secretary.
DEMOCRATIC COUNTY
CONVENTION
The Democratic electors of Box butte
county are hereby called to meet in del
egate convention io the city of Alliance 00
Saturday, July 22, 191 1. at 1 o'clock p. m.,
for the purpose of electing delegates to
the state convention to be held at Fre
mont, Nebraska, July 25, 1911. It is rec
ommended that the precinct caucuses be
held in the respective voting places at 2
p. m. on Friday, July si, 191 1. The sev
eral precincts of the county are entitled to
representation in tbe county convention
as follows:
Alliance Ut ward 21 Alliance 2d ward 18
Lnk precinct & Horsey precinct
Boyd..... 4 Nonpareil
Kuiniins Water ' Liberty
La" 3 Box Butte."'.'.".;'.:. 0
WrUbi 4 Snake Creek t
Total 7,
W. S RlDGILL.
Chairman Democratic Central Com.
71 Remember
R Tkal fctsry added sal
fccriber keip-. to make tk
paper Utter fort very bod
3
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