PEOPLES MEASURE
tiii Anti-Pass Bill Will Fulfills the
Party Pledge
COMMISSIONERS GIVEN CONTROL
Haavy Penalties Imposid Upon All
Railroads Failing to Com
ply With tht Law
frrom our staff correspondent Geo. W. Kllno
An anti-pass bill, comprehensive In
Itn nrnvislons. litis been introduced
Into the legislature. It is expected that
the bill will pass as a people's meas
ure. Ministers of the gospel, secre
taries of the Y. M. C. A., charity
'workers of all kinds, attorneys and
surgeons whose only fees from the
railroad are annual pases will have
to pay or walk. At a meeting of the
joint railroad commltteo tho bill of the
sub-commlttec, witli a largo number
of exceptions, was pruned and a bill
'excepting only bona fide employes and
caretakers of live stock was adopted
ior recomniuiiuiiwuu iu mo "usra UL
m . .1 i I l imnntn Stf
tho legislature. Penalty will be at-1
tached to tho giving or receiving of
passes from the railroads. The lino
is to vary from $100 to $1,000 for any
tglvr of raCGivcv who la convicted of
the offense. Attorneys and surgeons
who do not receive $500 annually ffGul
the railroads for their services aro ex
cluded from being classed as em
ployes of the railroad. Among the
employes specifically noted are line
men of telegraph companies, express
agents, sleeping car porters and news
boys and attorneys and surgeons on
Vegular salary of more than $500.
"Representatives Knowles and Marsh
nvill endeavor to have old soldiers,
'charity workers and Y. M. C. A. sec
retaries Included In the above list. It
probably will be Insisted that a list
of all passholdors be fiteil with the
inspection of the public.
I
The railway commission bill has1
"been introduced and its main pro
visions were outlined last week. The
joint committee has made some minor
changes and the provisions of the bill
has been summarized as follows:
Almost absolute powers aro con
ferred on the railroad commission.
Rates either in passenger or freight
-traffic may bo fixed by this commis
sion, either on its own motion or that
of any complainant, and should any
Tailroad or its agents refuse to obey
tho order of the commission, any in
terested party or the commission may
secure from tho district court a writ
onjoining obedience to tho rule of the
"commtsSton. Should the railroad or its
agents refuse to obey this writ, It shall
be deemed guilty of contempt of court
and shall bo punished by a fino of
$1,000 per day, the officers and agents
of the corporation shall be deemed
guilty of a misdemeanor and shall be
imprisoned from ten to thirty days.
In no case will the appeal to the su
premo court act as a stay of the issu
ance of execution to collect this fine.
Within thirty days after tho act
goes into effect every railroad com
pany in the state is required to file
all freight and passenger schedules
with tho commission. The commission
is then required to make a complete
schedule of freight and passenger rates
kjid to send a printed copy to every
raiiroad In tho state and notify them
of tfco date at which the rates aro
to co .into effect. Tho schedules are
to co Into effect not less than thirty
nor more than sixty uays alter being
mailed bv trie commission. Any rail
road complaining of the rates thus
established must nle Its complaint
-with the commissi before the rates
hecomo effective or .forever keep Its
peace.
Should a railroad compbu". the com
mission will grant it a publlo hearing.
Tho rates become effectlvo In sPIt0
rl tho hearing or of an appeal to the
district court from the findings of U.,Q
1 . - . . SOT .
commission, a copy oi tne omciai
schedule is to bo accepted by any court
as prima facie evidence that the rates
are those fixed by tho commission and
that tho rates aro prima facie just
and reasonable.
Wide scope Is given to tho investi
gation of the commission in any hear
ing, Evidence concerning tho ratos
charged by any complaining railroad
on any of its lines outsldo of tho. state
may bo considered by the commission
and the lowest rates charged anywhere
on its lines aro to bo considered prima
facie reasonablo rates
Annanl or ln tntrrm t n flirt ll infrlnr
court and thence to the supremo court
V either party to tho controversy In
ft(v e district court, Lather in the ms
' trie 't court or the supremo court, such
apni ,Jlls s)ml have precedence over all
. 5tj,ct actions.
Tho favorite weapon of corporations,
i the motion, can only bo granted by
is necessary to prevent pos -
itivo injusv ice. ah oi u u evmuucu pro
Bented In tl ,0 "earing before tho com
mission mm ,sone Yr ,by U'
ludge of tho district court before ho
(hall have po rr t0 srant an injunc
tion against tht 4 commission.
Each commissi. ls ,t0, na a" a""
anal salary of $3,t'00; while tho secro-
:ary of the commie. s on, ls to1b1p0nn,nd
2,500 and tho two c ,ork? each $1,200.
Traveling expenses arv 1 nl? ,to b? pn,d
y tho state. Tho com "mission Is em
powered to examine tho i "ecords of any
.nHrnnil n fha no nr.A OXXY railroad
ofusing this publicity shall b? de
t tullty of a misdemeanor at. 'd j?ubi.c!
00. The
x nne or-irojn. fi.uoo to 5
commission Is required to Inspect
from timo to timo tho condition of tho
roadbed, bridges, otc Each year, in
January, tho commission is required
to make a full report of its doing and
of tho conditions under which tho
railroads are working.
Should the commission deem it nec
essary to establish emorgoncy rates
for tho purpose of preventing inter
state rate wars, it may do so. Com
plaint and appeal In tho case of theso
rates aro to bo tho same as In the
establishment of the regular schedule
If any railroad attempts to charge a
higher rate than that established by
tho commission, It commits a misde
meanor and Is subject to line from
$1,000 to $5,000.
Speaker Hopewell, Jesse L. Root
and 13. B. Quackenbush returned from
Topeka where they went to attend a
jneoting of the oil convention and
hearing. Tho states of Nebraska, Il
linois, Iowa, Colorado and Kansas and
the territories of Oklahoma and In
dian Territory wore represented by
amy accredited delegates. The Inde
pendent refiners and producers of oil
wore also present, but took no part
other than to furnish information
when requested.
From the information furnished and
an inspection of ofllcial data the com
mittee nre convinced that intelligent
and concerted efforts on tho part of
the legislative and administrative de
partments of the above states will
result In great practical benefits to
mi. : , :
i'iyr ' huuu in iyuiwuh.
through Its railway commission, will
Hie complaint with tho Interstate com
merce commission for tho purpose of
securing just rates on Interstate ship
ments of crude oil and its products.
fTho committee recommends that
tho Nebraska railway commission
either appear and join in that com
plaint or in some manner make man
ifest the Interest of this state in se
curing an equitable readjustment of
thoso rates.
Cono of Saunders has bill 286 which
will have all goods or merchandise
owned or sold within this state in tho
original package plainly printed there
on in tho English language the not
weight or volumo contained thereon;
providing a penalty for the violation
hereof; defining the meaning of the
term "original unbroken package";
giving tho food, dairy and drug com
mission, Its deputy or inspectors spe
cific authority to take possession of
such original packages noeded for
evidence; providing that this act may
bo enforced by any court of compe
tent . jurisdiction and serving notice
upon' the world that the merchants
of Nebraska further refuse to take
money under false pretenses.
Senator McKesson of Lancaster has
probalily discovered a technical loop
hole which may debar corporations
from appeals to the federal courts.
This discovery was made by accident.
McKesson had introduced a bill to
prevent Insurance companies from
taking their litigation Into the federal
courts on penalty of being refused a
licenso to do business. Tho attor
neys In tho senate charged tho meas
ure with unconstitutionality. McKes
son retorted that ho could find a fed
eral decision which would make tho
law effective. Ho flashed a case from
the Wisconsin reports, the suit being
against the Home Insurance Co. of
New York. Tho court held the law
unconstitutional, tho statute being
similar to the McKesson measure.
The bill was referred to tho judiciary
commltteo and an effort will bo made
to extend tho provisions of tho law
to all foreign corporations.
Tho regulations of the liquor traffic
has been a matter of much discussion.
Senator Patrick lias taken an ad-
'vanced stand in this matter. Ho in-
troduced a bill to compel saloon pe
tition signers to share In tho financial
liability of any damage tho saloon
keeper might do. This bill was killed
after a red hot discussion in the com
mltteo of the whole. Thoso who
voted In favor of the bill wero Burns
of Lancaster, Epperson, Glover, Hol
brook. McKesson, Patrick, Root, Sack
ett. Wilcox, Wiltse, and Wilson 11.
Thoso who voted against tho bill wero
Aldrlch, Ashton, Ruck, Byrnes, Clarke,
Dodson, Gibson, Goodrich, Gould, Han-
n. King, Latta, Luce, O'Connoll,
Ph'n'JIps, Randall, Saunders,, Sibley,
Thomtfs. Thomson, Thorno, Wilsey
22.
Advocates of county option and tho
defenders of tho brewers wero boforo
tho senate last week. Senator Pat
rick made sensational statements con
corning the retail liquor dealers' asso
ciation. Ho accused that organiza
tion of paying judgments of saloon
keepers and of dabbling in politics.
Ex-State Senator uurrio oi uiiBter aa
vocated the passage oi tno county op-
'tion measuro as did County Attornoy
Rawls of Cass. Representative Thles
son nrobablv made the hit of the oven
Ing telling a story at the expense of
York.
Both tho senate and tho house are
committed against capital punishment
legislation. Bills to repeal tne ueatn
T penalty laws havo mot with a cold
mponfinn. In tho house Raper's meas
uro was defeated by a vote of GO to
25, whllo In tho senate Clarke's bill
was allowed to go on tho general file
merely out of courtesy to tne Auaras
county man
A bill Introduced in tho senate by
GibBon of Douglas county provides
that no person shall bo eligible to an
electlvo or appointive ofllco who ls In
debted to tho state, county, school dis
trict or city, nor unless ho is a quail
fled voter, and no ono shall bo a quali
fied voter who doos not present a ro
celpt showing that he has paid some
municipal tax the preceding year.'
WILL SHOW 'EM UP
Foreign Corporations Wiil Hava to
Stat Thiir Businiss
AGRICULTURAL BOARD GET $75,000
Profits of tha Stata Fair Found to
ba Insuffioiant to Make
Nasdad Improvements
Senator .Saunders introduced a bill
to compel foreign corporations doing
business in the stato to file with tho
secretary of stato a certified copy of
their articles or Incorporation, tel
whoro their principal olllco ls located,
the nature and character of tho busi
ness to bo transacted in tho state, tho
namo and address of all officers and
directors, givo a general statement ot
all assets and liabilities, Including tho
last annual statement and appoint a
resident agent, upon whom servlco
may bo had. Tho filing feo shall bo
$10 and for recording, ten conts for
each hundred words; for each $1,000
of authorized capital stock in excess
of $100,000, ten ce:ts and for cerUfl
cato and seal, fifty cents,
i
The houso flnanco commltteo has
agreed to recommend an appropriation
of $75,000 for tho state board of agri
culture, If the money Is to bo expounded
at the discretion of tho board. A bill
by Walsh of Douglas county, appro
priaes this sum for a machinery hall.
The board feels that it will not bo
able to mako tho necessary perma
nent improvements form timo to timo
out of the profits of the fair.
Tho Loeder bill providing for a dou
ble shift for tho Omaha firemen is
meeting with strong opposition from
the Commercial club of tho metropolis
on the Missouri. It is stated by them
that the leading company spent but
ninety-nino hours of actual fire fight-
ng last year.
Tho anti-Christian Science bill, in
troduced by Senator Wilcox, has been
ndeflnltely postponed. Tho oppon
ents of Christian Science havo aban
doned all hope of passing tho measure.
The committee of the legislature In
charge of tho antl-pass bills has re
ceived a suggestion that is meeting
with favor. It ls that in tho lssuanco
of annual passes the railroads shall
be required to first securo tho approval
of tho railroad commission, or at
east that It shall not Issue any passes
save those contained on tho list filed
filed with the commission. Tho incor
poration of such an amendment would
havo a two-fold value. It would In
sure publicity of all passholdors and
make It Impossible for tho railroads to
secretly favor those who would not bo
entitled to them under tho proposed
law.
Cities in Nebraska between 5,000
and 25,000 population will be placed
under a new charter, effectlvo this
year, should a bill introduced in tho
house by Representative Knowles of
Dodge county bocomo a law. Ono of
tho important changes made by this
act is to remove tho water and light
commissioner from tho list of elective
officials and make tho position an ap
pointive ono, to bo filled by the mayor
and council. The salary of tho com
missioner Is to raised from $1,000 to
$1,800 per year. Tho friends of tho
bill hopo by this means that tho cities
will be able to secure men who aro
fully qualified for tho ofllco in all
cases.
V
Senator Clarices' bill which, if
passed, will have tho effect of doing
away with capital punishment in this
stato, has been considered by the
judiciary commltteo and a majority
havo decided against tho bill.
Senato file No. 251. bv TTanna. om-
nnwnrs rlHrs and vlllntrAB in lnnnfo
and change railroad grades and cross
ings. Weeds along public highways will
havo to bo kept cut, in accordance
with a bill proposed by Armstrong of
Nemaha county.
An appropriation of $20,000 for tho
Incidental expenses of the legislature
was socured by Roprosontatlvo Kelfor
of NIckolls county.
Proposed legislation of far-reaching
Importance to tho educational Interests
of tho stato was considered at a meet
ing of tho legislative commltteo ap
pointed by tho Nebraska Stato Teach-
ors association at Its recent mooting
in Lincoln. Tho committee endorsed
tho free high school bill, which has
been Introduced in tho sonato by King
and In tho houso by Killon. This bill
provides that whpro school districts
do not havo a full high school course.
pupils may attend tho high school
In any other district and tho district
of which such pupil is a resident shall
pay to tho district providing tho
scnooi i a conts per week.
H. R. No. 257, introduced by Cono
or Saunders county, prohibits tho un
fair discrimination by persons, flrmn
or corporations, In buying and selling'
or commodities wjtnm the state, and
to provide a penalty therefor.
By a vote of 50 to 30 the house of
representatives of tho Nebraska legis
lature has declared its opposition to
the proposed grant by congress of a
a a A.
suDBiay io Bieamanip companies en
(raced in International frartn. Thn
resolution was proposod by Roproson
tatlvo ThlcsBon of JofforBon county.
A bill providing that lntorurbans
shall charge a minimum faro of flvo
cents regardless of tho dlstanco and
that such railroads shall not chargo
for children under flvo years of ago,
has boon Introduced In tho sonato by
McKesson of Lancaster county.
To approprlato $180,000 out of tho
general fund for the construction of
buildings and pormancm. Improve
ments at tho stato experimental sta
tion ls tho object of a bill introduced
Into the houso by Reprcsuntatlvo Mc
Mullen of Gage county.
To authorizo village boards to li
censo or refuse to licenso pool rooms
is tho object of II. R. No. 83, by Rop
rosontatlvo Bryan.
Representative Kelfor will en
deavor to limit tho blockading of rail
road crossings In small towns to ton
minutes.
A bill making legal hours for open
saloons from 7 a. m. to 10 p. m., with
a $100 fino and revocation of license
as penalties for violations will bo of
fered by Representative Hart of York.
Sonator Aldrlch of Butler has of
fered a measuro to permit and auth
orize live stock insurance companies
of other statos of tho union having a
cnpital stock of $100,000 to do busi
ness In this atato.
Ono hundred dollar fino for soiling
or giving away any liquor on Sunday,
oloctlon or primary day, will bo tho
result of a bill introduced by Repre
sentative Hart of York, should It pass.
In a bill Introduced by Knowlos of
Dodgo, councils in cities of 5,000 to
25,000 will have tho right to chango
tho locations of grado crossings, and
grant franchises for tho use of tho
street.
Representative Baker of York of
fers an amendment to tho criminal
codo to prevent tho use, keeping,
maintaining or having a slot machine
or causing or permitting a slot ma
chino to be used or oporatcd by othors,
providing a fino of $100 or a Jail sen
tonco for Its violation.
Clarke's bulk sales bill was passed
by the houso by a voto of 80 to 10.
Representative Cono of Saunders
county attomptod to havo tho bill re
committed to tho committoo of tlio
whole for amendment, but his attempt
resulted in failure
Every member of tho Nebraska dele
gation has presented to congress a pe
tition of tho Nebraska stato senato op
posing ship subsidy legislation. Tho
delegation has also presented a resolu
tion of tho legislature urging them to
cast their voto for an income tax law.
In the houso among new bills Intro
duced ls H. R. 2G7, by tho joint rail
way commission, providing a 2-ccnt
faro on railways for persons over 12
years and 1 cent undor that ago, with
a 5-cent minimum faro and 200 pounds
limitation of baggage.
A bill Introduced by Senator Sack
ott provides that whoro railway com
panies confiscalo or divert coal or
other merchandise In transit over their
lines, they shall pay to tho owner
within sixty days, tho actual valuo of
such coal or merchandise at tho des
tination, less actual freight chargeB
and with 50 per cent of tho actual
value as a penalty. If such settle
ment is not made within tho spoclflod
timo tlio owner may collect a reason
able attorney's foe.
Sonator McKesson Introduced a bill
ntended to provide a method by which
tho privileges of tho city and town
ibrarles may bo extended to tho rural
districts by action of county boards.
In some counties in tho stato tho
library at tho county seat now sends
out boxes of books to tho country
schools, tho latter paying carriage and
being responsible for tho bookso.
Tho bill for the regulation of the
South. Omaha stock yards, which ls In
process of preparation, is soon to bo
Introduced. Western members who
aro Interested In stock raising declare
that the prices charged for hay and
grain at tho stock yards Is almost
prohibitive to shippers. Soma othor
features of tho conduct of tho stock
yards aro to bo embodied in tho bill.
A similar bill was Introduced in tho
legislature sovoral years, ago, but
failed to pass,
Tho indeterminate sentence for
criminals has been approved by tho
houso. That, body has also passed a
bill authorizing conductors of trains
to arrest thoso who try to "bum" or
"boat" their way. This Is known as
tho anti-hobo bill.
Senator Holbrook Introduced a bill
for the regulation of demurrage
charges by railway companies. Tho
measuro provides that a consignee
shall havo forty-eight hours after car
ars properly set, for unloading tho
same, and in case ho unloads them in
less time than that, ho shall bo given
credit for tho difference. Demurrage
chargo shall thon bo made only for the
difference between the excess time
used and tho credit allowed.
A bill was passed In the house mak
ing penalty for burglary by tho uso of
explosives for from twenty years to
life.
The houso passed a bill Introduced
by Reprensentatlve Kelfor of Nuck
oIIb county, prohibiting the construe
tion of railway crossings in unincor
porated villages.
FAVOR NEW BILL
Judicial Division Maasura Eipaatad
to Pass
NORMS BILL USED AS A MODEL
Divides Stata Into Seven Divisions
and Names Cities Seleoted
for Holding Court
Tho passago of tho Norrls bill to
dlvldo tho stato of Nebraska Into two
judicial districts and for tho appoint
ment of an additional judgo Is now
practically assured In tho houso this
session. Members of tho Nebraska
dolegatlon wero granted a hearing on
tho Norrls bill by a sub-commltteo
of tho judiciary committoo. The bill
was dlscuBsod by Sonator Burkott and
Representatives Norrls and McCarthy,
Kennedy and KInkald. Tho commlt
teo decided to uso tho Norrls bill as
a model for n now measuro, practi
cally leaving tho bill In tho shape It
was originally Introduced.
It will provldo for tho division of
tho stnto Into soven Judicial divisions,
and designating Lincoln, Hastings
McCoolc as places for tho holding
of court in tho South Platto country.
Tho court towns In tho North Platto
country will comprlso Omaha, Nor
folk, Grand Island and North Platto.
Tho comiTiltteQ mado a fow change
In tho division of territory, giving a
fow counties in tho Norfolk division
to Omaha and slightly changing the
torrltory of tho North Platto country?
All provisions in tho Norrls bill re
garding tho compulsory trial of caries
in tho division whero tho action arises
woro loft Intact. Provision ls made
for grand Juries at Omaha and Lin
coln. Tho commltteo added ono
amendment, providing that tho gov
ornmont shall bo at no expense fof
the holding of court at Grand Island,
mcuook ana North Platte. All other
cities named in the bill for holding
court already havo public buildings.
The last Congress authorized tho con
struction of a court houso nnd post
ofllco building at Grand Island.
FOR BRIDGE MAINTENANCE.
The State Will Look After this Im
portant Matter.
Stato construction and maintenance
of public bridges oxceodlng 1,000 feet
in length is tho central idea of house
roll No.' 229, a bill introduced by Rop
rcsontativo Noyes of Cass county. The
measuro takes this burden off the
respective counties and Imposes on
tho stato bourd of public lands and
buildings tho duty of locating, building
and repairing all such bridges with
funds to bo appropriated by tho legis
lature. This may bo done, under tho
terms of tho bill, whonovor a sufficient
number of .freeholders living within
twenty miles of tho slto for tho pro
posod bridge shall potltlon tho board
to oroct It. Tho necessary ground
must In all cases bo donated to the
stato.
NO LONGER A JOKE.
That the Foundation of the State Cap
itol is binKlng, Proven a Fact.
The sinking of tho southeast corner
of tho stato houso ls no longer a joke
and the officials and assistants in that
portion of tho building aro becoming
genuinely alarmed. This Is notably
truo In tho ofllco of Stato Superintend
en McBrlen, whero tlio most pro
nounced ovfdonco of tho sottllng are
to bo found asldo from those observ
ablo in tho basement. That tho south)
wall ls In a dangerous condition and'
ls becoming moro so overy day 1b ab-i.
solutoly certain.
There aro wldo cracks In tho twoj
partition walls in tho superintendent's!
office, as well as in tho south and east)
outer walls, that ono tho south side be4
lng tho worst. Every day shows thesd
Assures to be wider, while tho walli
paper can bo heard to tear and thai
plastering falls to tho floor.
MERCHANTS GET THEIR INNINGS.
Buyer and Seller Must Let Creditors
Know of Transaction.
Tho merchants of tho stato had their
inning at tho session of tho house
when the bulk sales law was up to'
tho commltteo of tho whole, with
Farley of Hamilton county as chair
man. Tho bulk sales law, as passed,
provides that before a merchant can
sell goods outside of tho regular sys
tom of business, ho must mako out ai
sworn copy of Ills creditors to thoj
best of his ability and file it with the
county judgo. Five days boforo he
takes possession of tho business the
buyer must send a registered letter
to each creditor informing him of his
purchase. If tho creditors do not tako'
logal methods of Becurlng tho payment
of their bills within tho five days,
they are shut out from interfering'
with tho purchaser.
Can Get the Price but Not Cars.
Grain movement in Nebraska Is still
restricted by the immense shortage oi
cars. Farmers and elevator men re
gard the situation very serious at
present with no prospects ror an Im
mediate relief, he holders or grain,
in many instances, would willingly
part with their grain, but tne prices
in this stato are not sufficiently high
to be an inducement and while offer
from other states are better, then !
absolutely no chance to ottaia oara
to move the grata.