PLACED ON RECORD
Minority Momitrs of tho Houst
Spiak Out
EXPLAIN WHY THEY VOTE YEA
Railroad Commission Bill Tonds to
Stop thi Praotico of Opin
Discrimination
H. R, No. 305, the railway commis
sion bill, was passed unaulmotisly.
The fusion members sent up a signed
statement, asking that It bo Incor
porated in the record In tho following
form :
"We, the undersigned, of tho minor
ity membership of this house, desire
to explain our voto and to vote 'aye'
on house roll No. 305, tho railroad
commission bill, believing It to bo a
proper step in the direction of destroy
ing those discriminations the com
mon carriers of this state have for
years been employing against tho peo
ple they should serve, but we believe
this legislature should not adjourn
without having enacted maximum
freight rates upon such commodotlcs
as grain, live stock, coal, lumber, fruit
and vegetables, oil, both fuel and re
fined, and we pledge the majority
membership of this legislature our
every support to pass reasonable
maximum rates upon these products,
and to reduce these rates to a basis
now in force upon these same systems
of railroad in our neighboring states
of Kansas, Iowa and Missouri and
other like situated commonwealths.
"Signed: Trenmore Cone, II. T.
Worthing, J. J. Garlln, E. A. Brown,
M. W. Duscan, S. M. Fries, George
W. Adams, H. D. Shoettger, J. M.
Baker, B. 13. Quackenbush. John
Weems, V. D. Redmond, John Kuhl,
P. G. Funk, John W. Marlatt, C. L.
France, P. A. Murphy, H. R. Henry,
James Groig, C. R. Desse, Fred A.
Howe, Adam Pilger, A. II. Metzger,
C. Mackey, J. C. Van Housen, Frank
Vopalensky, D. C. Hefferman."
A STATE-WIDE BILL.
Fusion and Republican Members
Have the Whip Hand.
By the close vote of 47 to 43, the
Nebraska house of representatives
defeated the attempt to re-commlt the
state-wide direct primary bill to com
mittee of the whole for the purpose
of cutting out the amendments adopt
ed making choice of party ballot
elective with the voter and allowing
candidates to have their names print
ed on more than one ticket. Nine
teen republicans voted with the solid
fusion minority for the bill in its pres
ent form. The result vindicates tho
strategy of Speaker Nettleton and
other house leaders in permitting the
lusionists to assist in shaping the bill,
tho direct primary not being consid
ered a party measure.
Herewith is the result of the roll
call:
Ayes Baird, Baker, Barnes, Bar
rett. Best. Blystone. Buckley, Byram,
Culflice, Doran, Farley, Fletcher, Gil
man, Gliem, Hagemeister, Hamer,
Harvey, Hill, Johnson, Jones, Killen,
Knowles, Lahners. Leeder, Lee, Line,
Logsdon, McCuIIough, McMulIen,
Noyes, Raper, Renkel, Rohrer, Saund
ers, Scudder, Shubert, Smith, Spring
er, Steinauer, Talbot, Thiessen.
White, Wilson 43.
Nays Adams, Alderson, Bosso, Bo
len, E. W. Brown, E. P. Brown, Brown
of Sherman, Carlln, Clarke, Cone,
Dodgo, Duncan, Eller, France. Fries,
Funk, Greig, Hansen, Harrison, Hart,
Haffernan. Henry, Howe, Jenlson,
Keifer, Kuhl, Mackey, Marlatt, Marsh,
Metzger, Murphy, Neff, Pilger, Quack
enbush, Redmond, Rejcha, Schoettger,
Snyder, Stalder, Stolz, Van Housen,
Vopalensky, Walsh, Weems, Whitham,
Worthing, Mr. Speaker 47.
RAILROADS HELD RESPONSIBLE.
Goods Confiscated or Lost in Transit
Must be Paid For.
Tho passage of S. F. 25C, by Sackett
of Gage, has been accomplished, The
bill provides that railroads must pay
the value of goods confiscated In tran
sit and in addition 50 per cent of tho
value of the goods. The bill was
placed on Its passago with the emer
gency clause. A total or twenty-two
votes Is required to pass a bill with
an emergency clause. The bill re
ceived twenty and ten were recorded
In the negative. The bill was then
placed on its passago without tho
emergency clause and was passed by
a bare constitutional majority, seven
teen to twelve. McKesson of Las
caster and Thomas of Douglns, who
voted for tho bill with tho emergency
clause, voted against It when It was
placed on its passage without tho
emergency clause. Thomson of Buf
falo did not voto on tho last roll call
but voted for the bill with tho emer
gency clause. The last roll call on
tho bill without tho emergency clause
was as follows:
Aye Aldrlch, Buck, Byrnes, Dod
son. Epperson, Holbrook, King, O'Con
noil, Patrick. Phillips, Randall, Root,
Sackett, Sibley, Thorno, Wilson,
Wiltso 17.
Nay Ashton, Burns, Clarke, Gib
son. Glover, Goodrich, Hanna, Latta,
McKesson, Saunders, Thomas, Wilson
12.
As there was a show to dofeat this
bill on final passage, the roll call on
the bill -without tho emergency clause
was considered a trua tost, of tho
strength of tho friends and tho oppo
nents of tho measure
THE CHILD LABOR BILL.
Representative Clarke's Measure
Meets Favor by Sesate.
Largely through tho efforts of Sen
ator Patrick of Sarpy, the senato has
been turned in favor of the child
labor bill, II. R. No. 9, by Clarke. At
first It appeared that n majority op
posed tho bill. Aid rich of Butler,
Latta of Burt, Burns of Lancaster,
Epperson of Clay, opposed tho bill.
Finally Epperson moved to amend so
that boys may be employed on a farm
or In any occupation not specifically
named In his nmondment, without re
gard to hours. Patrick added to tho
amendment beet fields. The amend
ment names as occupations In which
boys cannot be employed without re
gard to the terms of tho bill, theaters,
concert halls, places of amusement,
mercantile establishments, stores,
offices, hotels, laundries, manufactur
ing establishments, bowling alleys,
passenger or freight elevators, fac
tories, workshops, beet fields, "or as
messengers or drivers thereof." Tho
friends of tho bill say this does not
Injuro the spirit of tho measure. Tho
bill provides that boys under fourteen
years cannot bo employed, and that
boys from fourteen to sixteen can bo
employed If they have had certain
school qualifications, but then only
not to exceed eight hours a day.
A MARKED DIFFERENCE.
Free From Railroad Influence Much
Good is Result.
Tho Nebraska legislature, which Is
acknowledged to be tho first one in
thirty years not controlled by the rail
road corporations, with the aid of Gov
ernor Sheldon Is making progress to
fulfill platform pledges, something un
heard of In this state. The two cent
fare bill Is a law, following the pledgo
of the republican platform to reduce
passenger rates. The employers' 11a
bill, pledged by the platform, was
signed by Governor Sheldon. The
senate recommended for passage the
terminal taxation bill, another party
pledge. Tho house passed a bill
clothing railway commission with
power, an elective commission created
by a constitutional nmondment adopt
ed by a republican legislature two
years ago.
An anti-pass bill has been passed by
each house and an agreement Is confi
dently expected, demanded by the peo
ple. The house has agreed upon a
direct primary bill, demanded by the
platform of the dominant party. The
two houses continue to keep on the
trail of the corporations. The house
agreed upon a reciprocal demurrage
bill, a measure opposed by the rail
road lobby. The senato railroad com
mittee decided to report out the
Sackett. reciprocal demurrage bill, and
the same committee will report out
the Aldrlch maximum rate bill, a
measure that makes the rates in force
January 1, 1907, maximum rates, and
gives tho railroad commission power
either to lower or increase these rates.
The senate committee on railroads
also decided to report out tho Ashton
bill to require railroads to weigh coal
In transit. The senate has already
passed tho Sackett bill to require rail
roads to pay a heavy penalty for the
confiscation of coal In transit. In com
mittee of the whole tho senate rec
ommended for passago an anti-brewers'
bill, a bill that was pushed for
ward without tho aid of tho prohibi
tion element that has lobbied much
during the present session. The only
"sidestep" taken by the legislature
was tho action of the senate in re
tracing its steps and recommitting tho
pure food bill at the requet of man
ufacturers of drugs and patent modi
cines and retail druggists of the
state, a bill that had been ordered to
a third reading.
DON'T LIKE THE LABEL.
Druggists from Over the State Make
Protest.
Druggists from every part of tho
state protest against sections 8 and
9 of the pure food law now pending.
It Is stated that nearly if not quite
an or the druggists who were in
Lincoln protesting against tho meas
ure aro manufacturers of as well as
retail dealers In patent medicines and
that they object strongly to putting
the tormina on their preparations or
of labeling them "Poison" when they
contain a certain percentage of pols
onous drugs.
One of the objections to tho nro
posed law Is that If these medicines
should lie barred out of the state it
would allow tho mall order houses to
ship them in and tho local dealer
would be the loser. To this the friends
of tho bill reply that It will not bar
tho preparations out of tho state but
will only compel them to disclose what
they aro mado of. If they are not
afraid or ashamed to give tins Infor
mation they can come In tho samo as
before, and If they are afraid or
ashamed, they should be kept out.
The bill has been ordered engrossed
for third reading by the senato, but
nnu ouort will he made to havo it re
committed for specific amendments.
Pullman rates nrobablv will bo re
duced by tho legislature. One of tho
puorllo reasons against tho passago
ot tho oui introduced In tho senate
was Riven bv Attorney ILmsnm nf Dm
aha. Ho Insisted that If the rates
were reduced tho "comnanv" would
not bo as desirable. Ho evidently
meant mat mo common peoplo would
be given a chance to ride. An nnii.
nary -wage earner or a Nebraska far
mer wouia ue auio, under reduced
ratos, to riao in a parlor car with a
gentleman rich and skilled in tho
ways or suEpicious finance.
1
PROTECT THE FLAG
Supromi Court of thi Unittd Statos
film Ruling
CAN'T DESECRATE OLD GLORY
Important Doolsion Rindtrod on
Caso Takon from Nibraska
to Washington
Attorney General W. T. Thomnson
has received a copy of the decision of
tho supremo court ot tho united States
sustaining tho Shellv ntt. nf l')o:t to
protect tho desecration of tho United
States flag. Tho bill was introduced
in tne legislature or laus by T. C.
Shelly of Douglas county. Tho first
fine imnoaed under this not wns
against, tho Willow Springs Browing
company of Omaha, which had adopt
od a trade mark for hour and whisky
rosombllng tho United States ilag.
Tho fine was imposed upon Nicholas
v. iiaiter and Harry v. Hayward. The
decision of the district court was
affirmed by the Nebraska minromo
court and the defendants carried Mm
cause to the supremo court of tho
uniteu states where Justlco Harlan
delivered an opinion affirming tho
judgment or the Nebraska court. This
is the first decision of tho kind ever
rendered by that court. The highest
court of the state of New York. In an
opinion by Judge Parker, lato candl-
aato ior president of tho United
States, declared such a law uncon
stitutional. Tho supremo court of Illi
nois held a similar law unconstitu
tional, but neither of these casos was
carried to the United States court.
Justice Pcckham, who dissented In
tho case of the state of Nebraska
against the Burlington and tho Union
Pacific railroad compaules, Involving
tho collection of a tax levy, also dis
sented In tho Hag caso.
THE COMMISSION FAVORS IT.
The Reciprocal Demurrage Bill is
Agreed to.
Consideration of house roll No. 141,
a reciprocal demurrage bill by Quack
enbush of Nemaha, has been endorsed
by tho railroad committee. It pro
vides: t That railroads shall transport
freight with reasonable dispatch, see
that there are suitable switching facil
ities for handling cars, receive and
transport the cars of connecting lines,
and charge no more than a reasonable
compensation. Violations are punish
able by $100 to $1,000 flno for tho first
offense and $1,000 to $5,000 if It is
repeated.
The roads shall furnish cars on ap
plication by any intending shipper,
supplying them in tho order that ap
plications are made, within threo to
ten days, according to tho number
called for. Companies to forfeit $1 per
day to the state for each car per day
that it falls or refuses to furnish with
in the tlmo limit. Shipper may also
recover damages.
That an applicant for cars shall see
that they aro loaded within forty
eight hours after being placed on the
sidetrack, under forfeiture of $1 per
day for each car not loaded or used.
Railroad may collect damages.
That railroads shall keep record
books at every station, in which ap
plications for cars shall bo entered
and numbered consecutively, this
record to bo available at all times for
public Inspection.
The railroads shall carry shipments
forward at the minimum rate of fifty
miles per day, except Sunday, with
the proviso that this shall not be held
as a sufficient speed for trains carry
ing livo stock or perishable freight.
Same forfeitures for delay In sup
plying cars. Delay for unavoidable
accidents not to lie considered.
That notice shall be given to con
signees within twenty-four hours of
time when shipments arrive. Weight
and amount of freight charges to be
Included in this notice. No charges to
ho collected in excess of actual
weight.
That delivery of cars loaded with
freight shall be made within twenty
four hours after arrival, under penalty
of $1 per day for overtime.
THE JUDGE IS INSTALLED.
The Two Mungers Make Ruling Gov
erning Practice.
Hon. T. C. Munger, tho newly named
judgo of tho federal court, has taken
the oath of office, tho same having
been administered at Omaha. Some
of the attorneys had suggested that
tho oath bo assumed in Lincoln with
somo ceremony, hut Mr. Munger's
modesty caused him to put a veto
upon this proposition. Tho new Judgo
Is now located in the federal building
at Lincoln.
Judges Munger and Munger of the
federal court havo adopted tho follow
ing rulo, relating to practice:
"Hereafter, all applications for mo
tions or orders, arising in tho divisions
of Lincoln, Hastings, Grand Island
and McCook, will ho presented to and
heard by Judgo T. C. Munger at Lin
coln; all applications for orders or mo
tions arising in tho divisions of
Omaha, Norfolk, Chadron and North
Platte will bo heard by Judgo W. H.
Munger at Omaha. In case of sickness
or absenco from tho district of either
one of said judges, said applications
and motions in tho division assigned
to such Judgo will be heard by the
ntl.n. 4.. .1 II
HE DIDN'T GET ENOUGH.
Inhuman Treatment of Dumb Animal
By Human Brute.
An Instanco of cruelty to animals
unprecedented In tho history of human
operation in Omaha, or that has ever
como to tho attention of tho Nebraska
Humane society within its torrltory,
was roportod by tho officers of tho
American Transfer company against
one of its employes named Hamilton,
who, in nn effort to make a horse pull,
fastened a cord to the animal's tonguo
nnd pulled It out by tho roots. Ham
ilton immediately went into hiding
but was captured after a search of
twelvo hours by tho police, upon com
plaint of tho owners of tho horso and
tho Nebraska humano society. Judgo
Crawford wasted no time on tho caso
and fined tho prisoner $100 and costs,
but then discovered tho limit set by
law Is a flno of $50 or thirty days In
jail. Tho lino was set at $50.
NOT SATISFIED OF COURSE.
Relatives of the Late Count Crelgh
ton Displeased.
ARtrrcsslvo flirhtlnc nlunu nrn hitlnir
mado by those nophuws and nlecos
or mo late uount John A. Crelghton,
who were not mentioned In Mr.
Crolghton's will, and an attempt will
bo mado to break tho Instrument.
Sovon of tho most prominent attor
neys In tho city havo beon retained
by those seven relatives who woro
out out or bequests and a flght will
bo mado to prevent the will bolng pro
bated. Tho amount loft by Count Crelgh
ton Is estimated nt $7,500,000. one
fourth being bequeathed to relatives
and three-fourths to charitable and
educational Institutions. An attempt
has been mado to settle tho matter out
of court, tho heirs all contributing
In a fund with which to buy off tho
disinherited kinsmen, but tho plan
failed.
TO REPRESENT NEBRASKA.
Debaters Selected to Represent Uni
versity. Tho university of Nebraska, through
its dobating board, announced the
names of its representatives in tho In
tercollegiate debates of tho year with
Wisconsin and Illinois. Thcso con
tests will bo under the auspices of tho
now flve-cornered league. The an
nouncement or these honors was mado
in tho following bulletin:
"On the recommendation of tho com
mittee of judges the university debat
ing board has appointed tho following
students to represent tho unverslty:
Frank C. Boulltn, Merton L. Corey,
C. C. MeWhlnney and Byron E. Yodor
of Lincoln, Samuel W. Rinaker of
Beatrice, Joseph W. Swenson of
Omaha and Gorge M. Tunison of
Cozad.
Lincoln captured threo of tho eight
honors and Omaha one. Three of tho
tho six speakers were fraternity men,
two of them being members of Delta
Upsllon.
The debates will bo held April 5,
with Wisconsin nt Lincoln and with
Illinois at Urbana. The subject to bo
debated is, "Resolved, That cities of
the United tSates should seek tho solu
tion of tho street railway problem in
private ownership." Nebraska will
tako tho afllrmativo in tho debate with
Wisconsi nan dtho negative with Illi
nois. MUCH CORN UNMARKETABLE.
Thousands of Bushels May Rot In
Elevators.
Moro corn, perhaps, is bolng moved
out of the stoto tit present than at any
previous time slnco the close of tho
husking season. However .there aro
many thousand bushels of tho cereal
that may never be plucod on tho mar
ket, for the reason that it is still un
matured, and unless climatic condi
tions are favorable a largo per cent of
It will rot In tho cribs and elevators.
A test of tho corn recently mado
shows tho moisture to bo 19 per cont.
Such corn will not grade. It will not
oven pay shipping expenses. Cold
weather is needed to dry out corn,
but if tho weather or tho coming six
weeks Is mild, growers of wheat will
be highly elated, but much of tho corn
will rot. Corn in tho east and north
ern sections of the state Is in much
better condition than that of tho south
and wostorn parts. Cars aro being
furnished and farmers and elevator
men are shipping corn In all directions
just as rapidly as they can sell It.
Tho. average state price paid for corn
is 30 cents. Some, however, brings
31 cents, but much of It can bo bought
for 25 cents a hushol.
IN BAD CONDITION.
A Lincoln Lawyer Makes Serious
Charges.
A Lincoln lawyer predicts that tho
peoplo of Sallno county will have moro
or loss trouble over tho condition In
which the probate records of that
county havo been kept. Recently he
had occasion to go to tho records of
that county for some evidence relating
to land titles, and ho found that tho
files In prohato cases had not all been
entered of record, and that It would
bo an easy matter for some of tho
records to bo lost or destroyed, thus
leaving a cloud on many a piece of
land. He says that abstracters havo
been using tho files In many Instancos
In lieu of tho records to get at trans
fers of land passing through that
cpurt.
If Nominated Should be Elected.
II. M. Bushnell, editor of tho Lih
coin Trade Review and well known In
tho city and over tho state, has an
nounced that ho has decided to be a
candidate for tho nomination for
mayor of Lincoln.
WILL TEST LAW
Authoritative Information Comoo
from Hoadquartort
GOVERNOR'S DELAY HELPS CAUSE
Tho Railroads Forming Plana to
Qlvo tho Two Cont Law
a Llvoly Inning
It Is authoritatively announced in a
private report of official character
from Chicago that tho railways of
Nebraska will contest tho two cant
passenger faro law which tho legisla
ture has enacted. Tho railroads aro
now preparing to carry the caso to the
courts and there mako a vigorous oon
test to determine the validity of the
new law.
Whon tho law was enacted it carried
an omorgency clause which provldod
for Its operation upon its bolng signed
by tho govornor or within flvo days
without his signature. Tho governor,
Georgo L. Sheldon, tho railroad argue,
though elected by tho republicans up
on a so-called anti-railroad platform
last fall, on the stump during the
campaign advocated a graduated scale
or raros rather than a flat two cent
law, believing the lattor would bo con-
uscatory in many cases of small or
branch roads. So whon ,tho legisla
ture passed tho bill providing for a
fiat two cont rate, they say, Governor
Sheldon hesitated to sign tho bill,
thinking to bo consistent with his pre
election course. But when ho consld-
red that, without his signature the
law, which tho peoplo demanded,
might do unconstitutional owing to the
WordiliK of thn omnrirnnnv nlntin ha
decided to sign it rathor than place
niniBoir in tho way of what the ma
jority or tho legislature had doomed a
wiso measure. Tho railroads contend
ed that tho governor did not relin
quish his former conviction as to the
untairness of such a measure and that
he and prominent members of th
legislature elected on anti-rallroad
piatrorniB. oven now question the val
idity of tho law, primarily on the
ground, as ho advocated in his cam
paign speeches, that It is confiscatory.
Tho railroads will proceed with
tholr contest ns soon as they can ar
ray their forces and complete their
plans of campaign.
MUST FILL REQUIREMENTS.
Adjutant General Issues Order In
creasing strength of State Guards.
Adjutant General Culvor has inniiMd
an order to tho Nebraska national
guard to comply with tho orders of the
war denartment. which will result In
an lncreaso of tho minimum enlisted
strength of tho guard and which will
cost tho state more money. Tho adju
tant general's order Is as follows:
Goneral ordors No. .!. I. Bv author
ity of section 7217, Cobboy's supple
ment to revised statutes of Nebraska,
and In accordance with general orders
No. 3, war department, tho minimum
enlisted strength of the organization
provided for in sections 7224, 7225,
722(5, 7227 and 7228, will be as follows:
For a company of Infantry, total
enlisted. flfty-elKht. based on annor-
tlonment to grades as follows, viz:
one first sergeant, ono quartermaster
sergeant, four sorgeants, six corporals,
two cook, two muBlelanH, and forty
two privates.
Troons of cavalrv. total millntnil.
fifty-eight, appdrtlonment to grades as
follows, viz: ono first sergeant, one
quartermaster Boreoant. four ser.
geants, two corporals ,two cooks, two
iarners and macKsmitns, one sad
dler, two trumpeters and thirty-nine
privates.
Battery of sold artillery, total en
listed, ono hundred and thirty-three;
apportioned to grades as follows, viz:
ono first sergeant, ono quartermaster
serncnnt. ono stable sorcoant. nix nnr-
goants, twolvo corporals, two musi
cians, rour artmcors, two cooks, one
hundred and four privates, which may
bo divided into two nlatnnnn InrAtart
at different stations.
Signal corns, total enlisted, flftv-
eight, apportionment to grades as fol
lows, viz: fivo sorgeants, first class;
five serpen Its, ten corporals, two
cookB, eighteen privates, first class,
eighteen privates.
Ambulnnce company section, total
enlisted, forty-three, apportlonmeit to
grades as follows, viz: two sergeants,
first class; seven sergeants, thirty
four privates, first class, and privates.
DELAY ON WARSHIP.
Lack of Material Postpones Work on
Battleship Nebraska.
Considerable delay has been encoun
tered in the work on tho battleship
Nebraska .under construction by Mo
ran Bros, at Seattle, Wash. The ship
was to have been finished in March,
1901, since which tlmo there have
been threo extensions to the period of
completion, the latest one expiring last
month. Tho builders have now pre
sented an application for a further ex
tension of time, promising to have the
essel completed by April 1. The navy
department will undoubtedly act favor
ably In tho matter, owing to the diffi
culties which have besot the con
tractors in tho progress of the work
on tho fillip. Thoy have had muok
trouble in obtaining efficient labor,
havo boon dolayod by tho failure t
obtain material to bo furnished by the
government and havo had to do much
extra work not contemplated In the
original specifications.
