SHORTAG
E
OF HER
'MANY COMPLAINTS FROM WEST
ERN NEBRASKA IRRIGATORS.
AS TO ROCK ISLAND.
TBIOB RIGHTS ARE IGNORED
The 8tate Engineer Doing All That
Is Possible to Rectify Existing
! Troubles'.
8tato Engineer E. C. Simmons, as
secretary of the stato board of Irri
gation, lias received many complaints
from western Nebraska from Irriga
tors. Complaints are made that claim
ants nro using water to which others
have prior rights. Information re
ceived Indicates that the North Platte
river and all of the smaller streams
In tho western part of tho state aro
almost dry. Lack of snow In tho
mountains In Colorado and Wyoming
Is given as the reason for lack of
water in tho Platto river. Usually
theso rivers rlso the latter part of
Juno from tho molting of snow. If
tho rlso Iocb not take place, and this
Is now doubtful, those who depend
upon irrigation in western Nobraska
may have great difficulty in getting
wator. State Engineer Simmons has
no funds with which to police canalB
and there Is no wny to prevent per
sons from taking water regardless of
whethor or not persons entitled to
prior claims on streams havo been
supplied. Tho Irrigator who has a crop
that is being ruined for lack of water
Is not llkoly to stand Idly by and see
water flowing down stream to some
other claimant who may Hvo many
miles nway. The state engineer Is
unablo to causo arrests and go Into
court to prosecute persons who talco
water out of their turn because ho
lias no founds to expend for such pur
poses. His two under secretaries,
Itobort H. Willis of Dridgoport. and
Pago T? Francis of Crawford' aro In
tho field constantly trying to pacify
claimants nnd restore some semb
lance of order, but It is said tho Irri
gators have about decided to take
water whenever they need it regard
less of tho rights of others. It Is be
lieved It will bo hard to get Juries to
convict such persons In their own
communities for so doing. All that
the state engineer can do Is to notify
persons complained of that they must
not open, their headgatcs till those
having prior rights are supplied with
water. If this does no good tho com
plainants will hnvo to go Into "tho
courts to seek injunctions to enforco
their rights.
The Road Falls to Pay Its Occupation
Tax.
Owing to the absenco of Attorney
Qcnoral Thompson it Is not possible)
at this tlmo to get a statement from
tho legal department as to what
would bo done regarding the Hock
Island railroad, which has failed to
' pay Its occupation tax, and Is, there
1 fore, under tho law, Incapable of do
ing business in Nebraska legally.
Tho law which provides for tho
! payment of an annual fee by corpora
I tlons provides tho following penalty
for Its violation:
Soctlon 8 It shall bo unlawful for
any corporation, delinquent under
this act, either domestic or foreign,
which has not paid tho occupation
fee, together with tho penalty for
such delinquency, as In this act pro
scribed, to exorclso tho powers of
such - corporation, or to transact any
business In this state, after the 30th
lay of November next following tho
lellnquency. Each and every porson
who exercises any of tho powers of a
corporation so delinquent, cither
domestic or foreign, which has not
. paid tho ocupatlon foe, together with
tho pennlty for such delinquency, or
who transacts any business for or In
behalf of any such corporation, after
tho 30the day of Novombe'r next fol
lowing the delinquency, shall bo guil
ty of a misdemeanor, and upon con
viction thereof shall bo punished by
nilno of not loss than $100, and not
exceeding $1,000, or by Imprisonment
In the county Jail not less than fifty
days nor more than GOO days, or by
both such fine and Imprisonment.
The Rock Island Is now in litiga
tion with the Btato over tho railroad
legislation enacted by tho legislature
of 1907 and over an ordor Issued by
tho Stnto Railway commission to
compel It to construct n crossing at
Hallntn. What effect tho cancella
tion of Its charter will have on this
litigation Deputy Attorney General
Grant Martin would not say, not hav
ing looked Into the question thorough
ly. Tho Rock Island Is not In very good
odor with tho logal department of tho
stato or tho railway commission bo
causo of Its refusal to carry out or
ders of tho commission. In tho Hal
lam case, where tho railroad was pe
titioned to construct a crossing In
order to savo tho citizens sovcral
blocks walk in going over tho
tracks, the commission ordered tho
crossing constructed. Tho railroad
appealed to tho district court and
then again to the supremo court. No
decision has yet been handed down.
That case has been In controversy
about two years.
Attorney General May Leave.
Attorney General "W: T. Thompson,
according to a rumor current In Lin
coln, has been appointed to a posi
tion at Washington nt a salary of
scvoral thousand dollars a year, has
accepted tho position and will go to
Washington nt tho close of his term
of office In Nebraska. Mr. Thompson
Is now on hlB way homo from Wash
ington and confirmation of tho rumor
cannot bo had nt his offlco or his
homo. Tho rumor of his appointment
does not specify tho naturo of tho
position offered to Mr. Thompson.
Carnegie Money In Nebraska.
Carnegie is still bestowing libraries
In Nobraska according to a promlnont
cltlzon of Sutton. He states that Sut
ton lms all tho material on hand and
will commence work on its public
library in a few days.
Candidate From Saline.
Frank O. Kucera of Tobias has
filed his name with the secretary of
state as a candidate for representa
tive on tho republican ticket from tho
Thirty-third district. This Includes
Saline and Gage counties.
First District Census.
Census Supervisor Helvey and his
assistants havo completed tho com
pilation of statistical returns In the
First congressional district of Nebras
ka and forwarded tho last batch of
BcheduloB to tho director of the cen
sus at Washington. This Included tho
reports from flfty-olght districts on
population nnd-twenty-ono on agricul
tural data. Tho supervisor's ofllco will
bo maintained for a tlmo In order to
take Inventories, return unused sup
plies nnd finish up correspondence
with the bureau, but there Is nothing
moro to bo done In the way of listing
Inhabitants.
Mrs. Coad Gets Divorce.
Tho supremo court, dhldod four to
threo In tho opinion, has upheld the
contention of Valeria M. Coad with
reference to a common law marrlngo
with Mark M. Coad, millionaire and
ploneor Nebraskan, and grants her
tin nbsolute divorce and alimony of
$120,000 In addition to Judgment of tho
costs of tho suit.
Stock Judging Pavllllon.
Ono hnlf of the big stock Judging
pavllllon nt tho state fair grounds will
be comploted nnd fitted up in tlmo
for tho stnto fair this fall. Becauso
thero wnB not money onough appro
priated to complete tho entire build
ing nt once just half of it is to bo fin
ished for this yoar. This will bo fit
ted out with tiers of seats and tho
side to which the other half Is later to
bo added Is being boarded up, All
will bo In readiness for tho showing
and Judging of stock In this building
in the fall.
Complaint Against Burlington.
The railway commission has re
ceived a complaint from tho Mllburn
Smith Grain company of Max, object
ing to the prcsont facilities furnished
at that village by tho Burlington Rail
road company. Tho complainants sot
forth that the railroad does not ade
quately caro for tho freight and pas
senger traffic on tho lino at this point,
and ask that tho company bo forced to
build a dopot and stop trains at the
village
The nearest station Is Benkclmnn,
nlno miles west, and Stratton, tho
station npxt on tho enst, 1b ten miles
away. Tho town contains a grain ele
vator, a lumber yard and threo stores.
Tho complainants stato that they
shipped thirty cars grain out of tho
vlllago slnco the first of tho year,
twenty cars of' hogs, nnd two cars of
cattlo, nnd that If thoy had the propor
shipping facilities thoy would bo en
abled to buy much moro.
Tho most serious complaint Is made
on tho passenger service. Tho com
plaint states that tho trains nro fre
quently late, nnd that tho passengers
aro forced to wait for them In tho
open, and without any sort of protec
tion from tho weather. It Is stated
that as high as twenty-six people havo
boon thus forced to wait, whon tho
thermometer stood at 8 degrees above
zero.
r
Last Chance to File.
The last day for tho filing of candi
dates for tho August primaries is July
18. As thero aro many offices still
opon nnd an unusunlly small number
of candidates fllod for somo othor of
fices of luiportanco It Ib expected that
business will pick up In tho offico of
tho secretary of stato during the noxt
twenty days.
Normal Board Reorganizes.
Tho stnto normal board has reor
ganized and Dr. Shellhorn of Peru be
comes president Instead of Mr. Chllds,
whose term has expired; N. P. Mc
Donald Is vice president nnd Luther
P. Luddcn Is continued ns secretary.
Files for Attorney General,
.lenzo W. Terry of Beatrice filed
as a candldnto for attorney gonernl
on the doniocrntlo tlckot. Mr. Terry
was In tho race in 1008 for tho samo
office. So far his only opponent Is
Grant Martin, deputy attornoy gen
oral. It Is not bolloved that Martin
will hnvo any serious opposition for
tho republican nomination.
County Convention July 14.
Tho republican county convention
of Lancaster county will bo held In
Lincoln, July 11. At this convention
delegates to the stnto convention will
bo selected.
Denver Wants Our Help.
Denver Is bidding for tho nntlonal
encampment of tho Grand Army to
bo hold next year. Department Com
mandor W. W, Ferguson o' tho do
partment of Colorado and Wyoinln,
has sent lotters to the Ncbrnsl a de
partment asking It to support Den
ver'a claim on tho meeting.
paast -
WMNSL IDJ
QOPyfGrf or YYA.mrrft$Ofr
HEN tho Supremo court of tho United
sit with full membership provided no
deaths occur during tho vacation porlod
nnd provided also that Associate Jus
tlco William H. Mooly has so far re
covered his health that he can Join
States enters upon Us fall term It will
and cstcom. Somo ono has said that
Governor Hughes, whllo In tho main a
his colleagues on the bonch.
Governor Charles E. Hughes of Now
York stato will bo welcomed to mem
bership by tho Individual members of
tho court with full hearted pleasure
conservative, Is a man who believes that tho laws
should bo Interpreted In tho spirit of 1910 rather
than In tho spirit of 1830. Tho criticism on the
Judgments rendered on occasion by tho Supremo
court has been to tho effect that seemingly somo
of tho members Hvo in tho pnM. and that objection
hns been mado to allowing
now lights to strlko tho "laws
of tho onclonts."
Tho Supreme court of tho
United States is said to bo tho
most dignified body In tho
world. It looks It, but it must
not bo taken for granted that
theso Judges, from tho vet
eran Chief JuBtlco Fuller
down to, tho youngest mun on
tho bonch, hnvo not their
times of relaxation whon thoy
give full vent to their sense
rwros coprftCHTED or m aKfJ 'S'--WKwB 1
iJUCTJCE DAY yCi
of humor. Justlco John
M. Harlan, who Is seven-ty-nlno
years old, has a
raro humor and ho likes
to glvo It play. Justice
Edward D. Whlto of Lou
lslana, who has noon pro
nounced by many of tho
leading lawyers of tho
country to havo a "Judicial mind" not excelled
In tho United States, has 'hard work at times to
keep from giving vent to his humorous concep
tion of things as they appear in court. Such a
proceeding would bo dubbed undignified, and so
Judge Whlto manngos to control his flow of wit
when in court, but when tho tribunal is not in
session ho gives his mood full play.
Judge Oliver Wendell Holmes, son of ono of
tho most distinguished American scholars and
ono of its rarest humorists, haB a great deal of
tho fun of his father In him, but solf-confesBodly
ho tries to hold its expression In chock oil many
occasions becnuso It might bo Bald that ho was
trying to mnko Oliver Wendell HolmoH the
second appear as Oliver Wendoll Holmos tho
first, and this tho present Justlco modestly holds,
to bo Impossible.
Not long ago a lawyer wont to tho rosldonco
of ono of tho assoclato Justices of tho Supremo
court, a married man and ono who tho lawyer
thought was tho staldcst of tho staid. Tho vis
itor had gono to seo tho Justice to got somo ad
vlco on behalf of a person who ho know was a
family friend ct tho ono of whom he was seeking
ndvlsory help.
It BccmB that tho man's wlfo hnd died, and
while tho husband wns a kindly disposed and
most excellent man generally, his fathor-ln-lnw
and mother-in-law Insisted on taking tho chil
dren who hnd been loft motherless. Tho wid
ower did not want to part with his children and
neither did ho wnnt to mako a fight which
would bring the children Into public notice and
show that ho had had a breach with his wlfo's
father and mothor.
Tho lawyer who was calling on tho Justice
snld, "What would you do If your father-ln-lnw
and mother-in-law on your wlfo's denth tried to
got your children awny fromyou?" Tho answer
enmo quick nnd sharp, "I'd tell them to go to tho
devil."
Now It happened that tho Justice's wlfo was
sitting at his elbow ahd tho lawyer at this strong
expression from tho Judicial minded ono looked
with trepidation at Mrs. Justlco, expecting to
seo her ovcrcomo with mortification at hor hus
band's outbreak. The visitor was relieved nnd
also BOinowhat surprised when Mrs. Justlco said,
"I'd toll them to go to tho dovll, too
Tho household court being thus unanimous,
tho lawyer went away and gavo ndvlco to his
client? and tho presumption Is that within a dny
or two tho fathor-ln-law and mother-in-law wont
to tho dovll.
Tho Justices of tho Supromo court put on their
robes In a room which Is across tho ninln corri
dor of tho capltol from tho courtroom. In ordor
to reach tho bonch thoy aro obliged to cross tho
corridor and this thoy do In procession, tho clerk
of tho court leading tho wny llko a ploneor nndf
bolng followed by the chief Justlco and tho asso
ciate Justices lu ordor of rank.
It Is on tho stroko of twolvo, noon, thnt thl&
procession takes up Its way, and as it Is known
that noon Is tho hour for tho court opening tho
corridor Is always filled with peoplo win want to
seo tho Judges (Ho by. Just before thoy appear
In tho doorway of
their robing room four
attendants t a k o up
their places in tho cor
ridor and a t r o t c h
across. It two thick
silken cords, thus
making a passageway
through which tho
procosslon moves. It
1b tho most dignified
looking proceeding
possible, and tho Jus
tices look nolthcr to
tho right nor tho left,
hut conscious that
thero aro scoroa of on
lookers, each ono
bows, but bows
straight ahead In or
der that thero may bo
no discrimination in
courtesy botwoen thoso
of tho public who aro
standing on tho right
nnd thoso standing on
tho loft. It Is a per
fectly impartial bow
ing proceeding and whllo It Is dignified It strikes
some peoplo nlso as being awfully funny.
Every Monday, as Boon as court assembles, It
is tho custom to road doclslons on ensos which
hnvo beon considered nnd on which tho court
is to pnss Judgment If tho decision of n great
caso is oxpocted tho courtroom always Is crowdod
nnd tho members of tho bar, nowspaper mon and
others who hnvo been present boforo on llko
occasions, look anxiously to seo which Judge Is
to rond tho Important decision. If any ono of
threo or four Justices Is to road It thero Is a dis
tinct senso of disappointment, becnuso nobody
except the rending Judgo is llkoly to henr tho
decision. In othor words, somo of tho Judgos of
tho supromo court havo such weak volcos thnt
not oven tho mon closest to them enn catch what
thoy say nnd everybody mimt wait until tho deci
sion can be rend beforo knowing what It moans.
This lnnblllty or perhaps lack of doslro on tho
part of somo of tho Justices to rond out loud, Is n
grent trial to tho nowspaper correspondents who
aro nnxlous to telegraph tho nows of tho decision
nt tho earliest moment possible. Thero aro other
troublos which bosot tho correspondents ns well
as thoso whlph como from tho poor enunciation
nnd tho weak volcos of somo of tho Justices.
Legal language Is tho hardest kind of lnngungn
for tho layman to understand, nnd tho result Is
thnt when tho decision Is rend tho first part of
occasionally mnkoB It soom cortaln that ono side
has won tho caso, whllo tho tall end of tho deci
sion mny revorso everything and glvo tho enso
to tho othor side.
Thero was one striking Instance of this In a
great caso which was decided threo years ago.
The city of Chicago was trying to offoct chnngos
In Its street-car system. Tho Btreot-car compa
nies hold that their franchise was good for 100
yenrs and thnt tho city could not oust them from
any of thoir privileges under tholr franchlso. Tho
enso wont to tho Supromo court ami was of tre
mendous Interest to all tho cities In tho United
States. Moreover, tho speculatlvo Interests of
tho country woro nwnltlng tho decision with tho
keenest anxiety nnd Interest, for If It wont ono
wny It meant that certain stocks still would bo
of great valuo, and If It wont tho othor way It
menus that thoy would bo worth little.
Tho doclslon was read In tho Supremo court
by n Judgo who hnd n good volco. Everybody
had mado up his mind thnt If tho Supremo court
decided that tho railroad companion had n hun
dred years' frnnchlso thoy had won tho caso nnd
thnt the city had lost. This was regarded as tho
crucial feature of tho w hole controversy.
Tho nowapapor correspondents from tho groat
cities were In attendnnco at tho court when tho
decision was road and thoy woro ready to
dUpatqJi messengers Instnntly to tho tologrnph
ofllco with a brlof dispatch saying either "Tho
compnnlcs win," or "Tho city wins." This wns
all that was to ho sont out nt tho first Instnnco,
for tho situation was understood hi ovory news
paper ofllco In tho country, nnd n slnglu tip as to
which sldo won would bo BUfllcIont to release
long stories of thu railroad controversy, and othor
stories already wrltton of what tho victory meant
for tho companies or for tho city. In
the verv first nnrf nf Hin ilnnlfllon tho
"Vf statement wns mndo thnt tho Supromo
court had decided that tho companios
had a franchlso for 'l 00 years. Instantly
some of tho correspondents sent dls
patchos, "Tho companios win." Two or
three correspondents woro hold In tholr seats by a
cautionary word from a votoran who had done
long sorvlco In tho Supromo court. Ho said, "Walt."
In a few minutes, an tho reading wont on, it
beenmo apparent that tho court had decided that
while tho companios hnd a franchlso lor 100 yoara
thoy had practically no rights under it. On tho
strength of tho mistake which was mado In send
ing out somo of tho first dispatches on thnt day
stockn went up nnd then whon tho truth cam put
they tumbled so fast that thoy hurt tholr hoads. I
When tho Justtcos lod by tho clerk and tho
chlof Justlco enter tho Supromo courtroom every
body stands. When tho Judges havo taken tholr
soats tho coiirt crier, after tho mannor of court
criers slnco tho tlmo of tho patriarchs, dcclaros
that tho high and honornblo court Ib In session nnd
that Justlco in to bo dlsponsod. Just boforo taking
their scats tho Justices bow to tho assomblod
throng and tho throng bowB back. Whon tho court
crier's volco haB died away ovorybody takes his
seat and tho procoedlngB begin.
Tho Supremo court sits lu tho old senate cham
ber of tho capltol. It Is tho room whoro Wobstor,
Ilayno, Clay, Calhoun nnd othors fought tholr bat
tles. Tho gallery Is a tiny nffalr capable of seating
only nbout thirty peoplo and tho wondor Is how
whon Wobster delivered his great oration In roply
to Ilayno thero could havo boen prosont tho groat
crowd of which history tells ub.
It was In tho Supromo courtroom that tho doc
toral commission which decldod tho Hnyos-Tildon
contost hold Its sessions. Tho' fifteen momboru
of that commission occupied tho scats of tho Jus
tices and It Ib snld that during tho progress of tho
hearing tho little room was crowdod literally to
suffocation and that many peoplo woro ovcrcomo.
It Is nn historic chamber and It Is ono of tho places
to which visitors to Washington bond tholr stops.
In tho membership of tho Supremo court thero
aro two veterans of tho Union army and two vet
erans of the Confedorato army. John Marshall
Harlan, who Is n Ropubllcnn, ralsod tho Tenth Ken
tucky Infnntry nnd served In Gen. Georgo H. Thom
as' division. Ho roso to tho rank of colonol nnd
his name was boforo tho senato for confirmation
as a brigadier general at a tlmo lato in tho wnr
when his fathor's denth compollcd him for family
reasons to rotlro from tho Borvlco.
Oliver Wendoll Holmos of Boston graduated
from Harvard college in 18G1 nnd nt onco entered
tho Union nrmy. At tho hattlo of Ball's Bluff In
October, 1801, Holmos was shot through tho
breast and for a long tlmo It wns bolloved ho could
not possibly rccovor. Ho did recover, howovor,
and wont back to tho front, taking part In tho
bnttlo of Atitiptnm, where ho was shot through, tho
neck, nnd again his life was despaired of. Onco
moro ho recoverod nnd went to tho front, only to
bo wounded 'ngnln nt tho battlo of Fredericksburg.
Jimtlco Edward Douglass Whlto was born iu
Louisiana and ho served through tho Civil war in
the Confederate service Hornco Harmon Lurton,
who was appointed by President Taft to tint
vacancy caused by tho death of Justlco Pockham,
entered tho Confederate servlco when ho waB only
seventeen yenrs old and ho Berved threo years. Ho
was with (lenoral Bucknor at Fort Donolson whon
tho Confoderato commander surrendered to Gen
eral Grant. Lurton was Grant's cnptlvo and It In
not nt all probahlo that tho northern soldlor had
any conception thut this youthful prisoner was ono
day to be nppolnted to the Supromo court of tho
Unltod States by n Republican president
CITY MAN AS A "COME ON."
Tho nverngo city man thinks tho farmer who
buys n "gold brick" in noed of a guardian. Yet
thousands of thoso samo city mon hnvo paid for
"bricks" which any farmer would havo known woro
tho commonest kind of brass. There uro all sorts
of them nlcoly prepared for city mon. '
Now It Is a Kchomo to buy fruit land on tho
Pacific const. Our city frlond Is told ho can mnko
$1,000 an aero from the start. A fow days ago
l fnund n young man almost on his way to tho
bank to draw $800 for such a schomo, says a
writer lu tho Metropolitan. Ho had n gunranty
that In flvo yenrs ho would bo drawing $3,000 an
nually from his "farm." Noxt Is somo co-oporatlvo
Hchoino for growing peachcB In Toxas or oranges
In Florida. You do not work. You simply buy
stock In tho enterprise, pny for It, of courso, and
then sit ln tho shndo and draw your dlvldonds.
You bit In tho shado no doubt of that and tho
dlvldendb draw llko tho memory of ovll deeds.