INTERNATIONAL PRESS ASSOCIATION.
CHAPTER VII.
R. LORRAINE was
now long past the
great climaterie,
and breaking last;
indeed, so infirm
had he become that
he had more than
once thought of re
tiring from the
ministry altogeth
er. Though his
body • was frail,
however, his intellect was as bright as
ever, and when Marjorie entered the
* ' study he was busily engaged in read
ing one of his favorite books.
■ r He looked up with his kindly smile
as his foster-daughter appeared.
“Is it you, my bairn?” he said, as
he came over and kissed her. “Wel
come home again! Though you have
^ been scarcely a week away, I have
-I missed you sorely, and have been
counting the days till your return.”
For some months past, I should now
explain, Marjorie had been -accustomed
to stay at a ladies’ school in the neigh
boring town from Monday till Friday
of every week, returning each Friday
afternoon, and remaining till the fol
lowing Monday. This arrangement had
been found necessary, as it was im
possible for the girl to complete her
simple education at home, and as the
distance was too great for her to go
to an-1 fro daily without inconvenience.
“And what news have you got from
the town?” continued the minister, as
Marjorie, holding his hand in hers,
sank into a chair at his side. “How is
Mis3 Carruthers? and how do you get
along with your studies?”
“Miss Carruthers sends her compli
ments, and as she is called away to
Edinburgh to see her sick sister I am
to bide at home for a week. A whole
week, Mr. Lorraine, and in May-time!
Oh, I am so glad!”
“So am I, jny bairn,” said the min
ister, “A week’s rest will do me good,
too, I hope, for I have been far from
well since you went away. I had one
of my old attacks on Tuesday, and
have been obliged to keep in ine
house.”
“You will be better now,” said Mar
jorie. “I will nurse you!”
“Ay, ay; and the sight of your face
nnd the sound of your voice will do
me more good than the doctor. By the
k way, my bairn, I had one here today
* Inquiring after you, and she will be
.( here again this evening.”
“I know! Miss Hetherington, of the
Castle?”
“Yes, Miss Hetherington. It is
strange, my bairn, how much interest
1he good lady takes in you—she who
cares so little for any other living
thing; and yet, after all, it is not
strange, for my Marjorie is a favorite
With high and low.”
The girl’s face grew troubled as she
answered:
“I hope, Mr. Lorraine, she won’t bo
asking me up to the Castle; I feel so
lonely there, and she—she frightens
me sometimes! She has such strange
ways, and the house is an awful place.”
“Well, well, you must be careful not
to offend her, for she is a true
friend."
"I know she is very rich and good,
too. .but for all that I cannot bear to be
alone in her company. I wonder why
she likes to have me! She sits in her
arm-chair looking at me for hours to
gether, tiil sometimes I feel as if I
could scream out and run away!”
c.
“She is a strange woman,” said the
minister, thoughtfully; “but you have
no reason to fear her. She takes a
great interest in you, and in all that
concerns you.”
“I know that, but—”
"Her eccentricities are only put on,
I think, to conceal a heart that is truly
kindly. You must try. to humor her,
my bairn. Not that I would have you
shape your conduct toward her by any
sordid hope of future gain; no, no,
that would be unworthy; but it is well,
after all to have so powerful a friend,
should anything happen to me.”
"Oh, don’t speak like that!” ex
claimed Marjorie, her eyes filling with
tears. “I cannot bear it.”
Solomon here interrupted the con
versation by bringing in the tea.
Marjorie took off her hat and shawl,
and, sitting at the table, began to pour
out the tea, while Mr. Lorraine, forget
ting his recent train of thought, ques
tioned her anew about her doings in
the town. Thus far they chatted cheer
fully together and shared the simple
meal.
“And how about the French, Mar
jorie?” asked Mr. Lorraine presently.
“Ard you coming on?”
“Very slowly,” was her reply. “I
find it hard to pronounce, and the verbs
are a dreadful trouble—and the gen
ders. It’s so hard to tell whether a
thing is masculine or feminine, and I
wonder how the French folks them
selves can tell.. I’m afraid I’ll never
learn the French rightly.”
“I could never master it myself,
though, after all, maybe, I never fairly
tried; it’s a queer kind of tongue, like
the chirping of birds. I’m thinking.
What like is your teacher?”
“Monsieur Caussidiere? A handsome
gentleman, with black hair and black
eyes.”
“A young man, Marjorie?”
“Not old, but very grave and sad as
if he had had much .trouble; and I
think he has, for he is an exile and
<cannot return to his native land."
‘‘Has he' not other scholars?” he
asked quietly. ,
“Only myself out of our school. I
go to his house for my lesson every
afternoon. And he is very, very kind!
He would scarcely take the fees. He
said-;—”
But here Marjorie paused and blush
ed, for she suddenly remembered
Caussidiere’s words and ardent looks
of admiration.
“Well, what did he say?”
“He said he was ashamed to take
money for teaching, and then—then
talked about France, and how he longed
to return, and how sad it was to be an
exile. That was all!”
Mr. Lorraine did not question any
further, but seemed plunged in thought.
"By the way, Marjorie,” he said, after
a pause, “you know tfiat your school
fees are paid by Miss Hetherington?”
Marjorie nodded.
“It was her wish that you should be
taught French. For my own part, I
never thought much of either the lan
guage or the people, but that may bo
my prejudice. Miss Hetherington thinks
that every young lady should learn
French. Curious, the interest she takes
in you!”
There was a noise at the front door,
a sound of feet in the lobby.
Solomon entered abruptly.
“She's outside,” he said. “Will I
bring her in?”
“Who is outside, Solomon, my man?”
“Wha but Mistress Hetherington,
frae the Castle. The carriage is at the
door, and she’s wrangling wi’ the
driver.”
Mr. Lorraine rose feebly from his
chair, while Marjorie nervously put
down her cup and saucer and prepared
to receive the visitor.
"This way, mem!” said Solomon; and
immediately there entered the room a
woman of middle height, with snow
white hair, leaning upon a staff or
hand-crutch.
She had black piercing eyes, a com
plexion like alabaster, and her front
teeth projected slightly over her under
lip. Though she had the air of an old
woman and walked with a stoop, ncr
face had scarcely a wrinkle, and her
voice was deep and powerful.
Marjorie sprang up and stood trem
bling. Without a word, Miss Hether
ington crossed the room and looked
fixedly in the young girl’s face.
"Weel, Marjorie Annan?” she said In
a strong Scotch accent.
"How—how do you do, Miss Hether
ington?”
“As you see—well enough not to
complain. Stand still and let me look
at ye! There, you may kiss me if you
like!”
Marjorie did not like, but she bent
forward and touched the lady’s frosty
cheek.
“Did ye come doon in the wagon
ette? Nae need to answer, for I ken,
and I ken who came along wi’ ye!
What’s this between you and Johnnie
Sutherland?”
Had a bomb exploded under her :eet,
Marjorie could not have shown more
consternation. She stammered, and
blushed, and cast an appealing glance
at Mr. Lorraine.
“How’s this, Marjorie?” he said,
gently. “You did not tell me that
Johnnie had come back.”
“I’ll swear she didna,” exclaimed
Miss Hetherington, with a low, harsh
laugh. “See hoo she blushes! The lad
and she had a tryste in Dumfries, and
came down together.”
Here Solomon, who stood at the room
door looking on, thought it his duty
to interfere.
“And what then? What if Johnnie
Sutherland did convey our Marjorie
hame? There’s nae hairm in that. I’m
thinking/’
“Hold you tongue, Solomon Muckle
backit,” said Miss Hetherington, with
a sharp rap of her crutch upon the
ground. “Mind your own business!”
“It is my business,” retorted Solo
mon, doggedly. “Marjorie, dinna heed
her!”
“Solomon!” cried Mr. Lorraine, with
a certain authority.
"Weel?”
“Be good enough to leave the room.”
The old man uttered a low snort of
defiance, but immediately obeyed. Miss
Hetherington took a chair close to the
fireplace, and sat in it, leaning heavily
on her crutch.
“Nae fool like an old fool!” she mut
tered, poking at Mr. Lorraine, but re
ferring to the refractory sexton. “Be
tween the twa o’ ye, you’re spoiling
Marjorie Annan altogether.”
“I hope not,” returned the minister
mildly, resuming his own seat. “After
all, too, Solomon* is quite right. John
nie and Marjorie are old friends.”
“All the parish kens that,” said the
lady of the Castle. “Come here, Mar
jorie, and dinna be feared—I’ll no eat
you! Look me in the face! Are you
and Johnnie courting?”
Marjorie's face was scarlet, and she
trembled violently.
“Oh, Miss Hetherington,” she cried,
“what do you moan?”
And she held out her hand to Mr.
Lorraine, as if beseeching him to take
her part.
“Really, Miss Hetherington,” he said,
“Marjorie is a child, and I am sure such
nonsense as you Epeak of has never
entered her head.”
“Nonsense, ie it?” retorted tho lady,
with the same low, harsh laugh as 5*
fore. “Weel, it’s the nonsense to
which a’ folk come early or late, gentle
and simple, and trust me to ken bet
ter than either you or that idiot Solo
mon what young lasses are made o'.
Do you think Marjorie Annan's made
of stano or airn, and doesna ken a fair
favored lad from a rowan tree or a
milk coo?”
“I think she Is too young for love
making," returned the minister.
"Then you think wrang; It's never
o’er early for a lassie to begin. As for
Johnnie, I’ll no say but what he’s a
decent lad and a modest, and he has
talent as weel, the rogue, heaps o’ tal
ent, though he's only a weaver’s son—
eh, Marjorie, has he no?”
And as she looked at Marjorie there
was no anger In her stern black eyes;
rather a sort of grim-humored sym
pathy. Seeing his foster-child’s con
fusion, Mr. Lorraine attempted to give
the conversation another turn.
“If young Sutherland has developed
natural gifts he has you to thank for
the opportunity. We all know how kind
you have been to him.”
“Because I bought two o’ his pic
tures,” she retorted, with her charac
teristic and disagreeable laugh. “I gave
fifty pound apiece for them, the more
fool I. One was a view o’ the Castle
frae the south, wl’ a cuddle eating
thistles in the foreground—a cuddle as
big as a hippopotamus; and the other
was Marjorie hersel,’ wl’ her lap lull
o’ wild flowers, sitting by the side o’
Annan water, and about as like her,
by that token, as it was like Solomon
Mucklebackit.”
“We always considered It an excel
lent likeness,” said Mr. Lorraine, good
humoredly.
“So it was,” cried Marjorie impul
sively; “everybody said so.”
“And what everybody said must be
true?” demanded the lady, with a sneer.
“Weel, likeness or no likeness, the lad
has talent, as I said; and if he works
hard, maybe he'll be able some fine day
[ to paint a picture. So much for John
nie Sutherland. Now we’ll come to the
business which brought me doon. I
want Marjorie to come to me tomor
row and snend the dav.”
The very' proposal which Marjorie
dreaded! She opened her lips to give
a trembling refusal, to frame some
awkward excuse, but before she could
say a word Miss Hetherlngton con
tinued with decision:
“I’ll be expecting her early, say at
ten. She can walk the distance, unless
she’s o’er idle; In that case, I’ll send
the carriage to fetch her.’’
“I am very sorry,” stammered Mar
jorie, “but tommorrow—”
She paused, and glanced in supplica
tion at her foster-father.
“The fact is,” said Mr. Lorraine, “we
had made other arrangements for to
morrow. Some other day, maybe.”
Miss Hetherington’s eyes flashed, and
her crutch was sharply struck upon the
floor.
“Tomorrow and no other day will
suit me. I hae something to say to her
that will na keep. Do you hear that,
Marjorie?”
“Yes,” answered Marjorie timidly;
“but I have only Just come home, and
I would rather—”
“Come or stay,” she exclaimed.
“Please yoursel’, Marjorie Annan,
but if you stay at home the morn,
you’ll wait lang for another invita
tion.”
Eager not to'give offense, Mr. Lor
ralne now interposed.
“If you wish it, Marjorie shall come
“Very well,” said Miss Hetheringti n
sharply; then, turning to the girl, a m
added: “Will you walk, or shall i
send the carriage?”
“I—I—will walk,” returned Marjorie
timidly, with the air of one doomed to
condign punishment.
“Then I’ll expect you at ten, and nae
later. Now, gle me your arm to ths
carriage.”
Marjorie obeyed, and with a short
“God-day” to the minister, Miss Hetb
erington left the room.
(TO BE CONTINUED.) %
Napoleon's .Journey to Elba.
That the wrath of his subjects com
pelled the great Napoleon to play a
very undignified part when he traveled
from Fontainebleau to Elba in 1814 is
known to all readers of history. The
full details, however, of that wretched
journey have only just been revealed
by the publication of Count Paul Schou
vaioff’s original reports to Count Nes
selrode. From Lyons onward the tem
per of the population grew more and
more violent. At Orgon a gibbet had
been prepared and the little escort
had much difficulty in robbing tt of so
illustrious a victim. A few miles
further Napoleon, becoming alarmed,
donned the blue uniform and white
cockade of one of the outriders, whom
he Induced to fill his place in the car
riage. Thus attired he reached Aix at
full gallop. Then the innkeeper’s wife,
ignorant of his identity, cried, “So Na
poleon is coming! They had much bet
ter kill him at once. As soon as they
get him on the sea they will certainly
drown him.” After hearing thesa
words the emperor assumed the name
of Lord Burghersh, but next morning
borrowed the uniform of an Austrian
general, and instead of occupying his
own carriage drove behind it in a hum
ble caliche as a member of the foreign
suite.
Those Unnecessary Questions.
He had lost control of his wheel aud
the wheel left him to his fate. He
rose in the air and then pitched upon
the dusty road, gathering great quan
tities of dirt and accumulating aches
and bruises. A few moments after
ward a sympathetic countryman came
along. "Had a fall, eh?” “No.” "Ye
didn’t? Then what's happened?" “j
climbed a tree to look at the scenery.
How are crops and what are you charg
leg a dozen for Franco-German pota-1
toes?”—Judge. 'I
IWAR WILL CONTINUE
SPANISH CABINET HAS SO DE
CIDED.
ffpjrlrr Notlflea Oie Government that He
Will Not Resign—Addresses a Dem
onstration In llla'llbnnr In Front of tlio
I’alare at Havnnttil—A.utonoluy to* Ue
Grautcd tlie CnbnAt.
Wrylor Refuses to Quit.
Madrid, Oct. 8.—At a cabinet eoun*
cil last night, the government decided
to grant autonomy to Cuba under the
suzerainty of Spain, and to continue
the campaign os long as may be nec
essary. ,
Senor Sagasta, the premier, has re
ceived a cable message from Captain
General VVeyler, who offers his serv
ices to the government and says: “I
shall not resign.”
Havana, Oct 7.—The chiefs of the
volunteers visited Captain General
VVeyler at the palace yesterday and
expressed their desire that he should
remain at the head of the government
in Cuba. Subsequently they cabled to
the cabinet at Madrid requesting that
the captain general bo retained at the
head of the Spanish forces |on the
Island, as we' as in control of its civil
affairs.
General Weylcr, In acknowledging
their expres ions of confidence, said
that the cri tcisin and attacks made
upon his mi tary conduct were with
out foundation. It had always been
his plan to finish war with war, in ac
cordance with the customs of all Kuro
pean nations, and even of the United
States General Sherman, he de
clared, while on the march, destroyed
all the resources of the South that lay
in his path, and tha Washington gov
ernment finished the war with war,
and not with a treaty.
I'd spite of Captain General Weyler's
prohibition, a notable demonstration
took place here in his honor. The
bourse was closed, as were also the
principal stores and tobacco and other
manufactories. All the main streets
were gaily decorated.
The various processions united at
Central park and then moved together
to the plaza in front of the captain
general’s palace, where as many as
S'1,000 people were gathered. Several
bands discoursed patriotic music. The
plaza and the thoroughfares leading
into it were densely crowded.
A number of deputations went to
the palace, where they were received
by the captain general. According to
the official accounts, they assured him
that it was the desire of all the loyal
Inhabitants of the island that he
should continue at the head of the
government and carry on the cam
paign against the insurgents.
Tiiey also expressed “confidence
that the Madrid government was in
spired with altogether too high de
signs for the welfare of the country
to withdraw the illustrious chief who
had subjugated the insurrection.”
QCaptain General Wcyler, after
thanking the deputations for their as
surances, said he had accepted the
command in difficult circumstances
and without conditions The success
of the campaign coutd be estimated
and properly appreciated by the coun
try from tho visible facts.
In the course of seven months four
important provinces half been nearlv
pasciflcd, and he was confident of
being able to pacify the two remain
ing provinces at the proper time with
the forty battalions ready for the
task. He said he expected to be able
to pacify Puerto Principe and Santiago
de Cuba at an early date, “for the
rebels there kaow and fear me, and
will not resist me.”
DIXON STILL CHAMPION.
Referee's Decision In Uls llnut Will*
Smith Did Not Take Awaj Laurels.
San Fkancisco, Cal., Oct 8.—The
decision “Smith wins,” rendered by
George Green, tho referee of the
Smith-Dixon fight on Monday night,
does not deprive Dixon of the feather
weight championship of the world.
The Marquis of Queensberry rules
stipulate that all championship bat
tles shall be to a finish. Had Smith
knocked Dixon out in any one of the
twenty rounds, or had Dixon's seconds
thrown up the sponge, or had Dixon
failed to respond to the call of tlrai* in
any of the rounds. Smith would to
day be the featherweight champion of
the world. But as it was, Dixon at
the end of the twentieth round was
strong and belligerent, consequently
he did not surrender the championship
by Green's decision.
PfcVfcK KtUORD BROKEN.
Worn Day In New Orleans Slnea the
Epidemic) Ustoo.
New Orleans, La., Oct. 8.—Even as
early as 0 o'clock yesterday afternoon
the day had proved a record breaker
both as to the number of cases and as
to the number of deaths that hail been
reported. This was the record:
Deaths, five: new cases, forty-six; to
tal cases of fever to date, 425; total
deaths from yellow fever to date, for
ty-three; total cases absolutely recov
ered, 134; total cases under treatment,
248.
Two of the new cases are in Algiers,
making seven that have appeared in
that suburb. The diseitso has appar
ently died out at Ocean Springs.
Two Tramp* Dmler a Wreck.
Drui.yuic, Iowa, Oct 8 —A freight
train on tlio Milwaukee road went
Into the ditch near Charles City last,
evening. A dozen cars loaded with
grain were smashed into kindling.
Two tramps are supposed to be under
the wreck, dead.
Imnont an Ki|irn< Fresl-lent.
Nr tv \or.K. Oct. 8. — E.x-Secretnrv
Daniel S. 1 .uniont was elected presi
dent of the Northern Pacific Express
company, which is an adjunct of the
Northern Pacific railroad, of which he
U a director and vice president.
ANOTHER TRAIN ROBBERY
The Chlcngo £ Alton Held Cp Near Kan
*aa City.
Kansas Citv. Mo., Oct. A—The fast
train on the Chicago & Alton, which
left the Union depot n.t ii:!K) lust night,
was held np by a gang of eight
masked robbers at the crossing just
opposite Washington park, twenty
minutes later. The bandits got little
for their pains, for they failed in an
attempt to blow open tlm express safe,
and secured only a few dollars from
tlie trainmen. The passengers were
not molested. The train was delayed
nearly two hours, and then proceeded
on its journey.
The train was stopped by torpedoes
placed on the track. . As soon as it
camo to a standstill the conductor
and brakemen stepped off to see what
the trouble was, and were immedi
ately covered by guns. One of the
robbers went through Conductor
Groves, securing 832. Tlie trainmen
were then compelled to uncouple the
express car, the engineer and fireman
called down from the cab, a shot be
ing fired at the engineer because
he was slow in obeying, and
the robbers ran the engine and
express car about a quarter of a mile
np the track. Hero the express mes
senger was induced to open his car
door and an attempt was made to get
him to open the safe also He in
formed the bandits that the safe was
a through one and that he had no keys
for it, whereupon he was seized by
the legs, pulled from the train, robbed
of his gun and S3] in money, and or
dered to go back to the rest of the
train.
The robbers then placed twenty
four sticks of dynamite on top of the
safe and lighted the fuse, which
proved to be defective and failed to
ignite the dynamite. Before the fuse
could be repaired and relighted the
robbers becamo frightened and fled.
The passengers, especially tho wo
men, were greatly frightened when it
became known that the train was be
ing robbed, and there was a grand'
scramble to find hiding places for
money and valuables. Watches were
thrust tinder seats, cash Into hats,
diamonds and jewelry into stockings,
and within two minutes after the train
was stopped there wasn’t $10 worth
of valuables In sight on the entire
train. There were two Chicago &
Alton detectives on.the train, and the
passengers say that they were the
worst scared men in the lot, never
showing themselves outside their car
until tho affair wns over.
Willis Gray, general superintend
ent of the road, in his private car, was
on the train when it was held upi
After the express messenger re
turned to the passenger coaches the
passengers made up a purse of 9?5 and
presented it to him.
An hour or so after tho train was
held up a freight came along from
Kansas City and pushed the left-be
hind coaches ahead to the engine and
express car. The train was then cou
plod together and proceeded about
two hours late.
The hold-up occurred almost on the
main thoroughfare between Kansas
City and Independence. It was just
below Fifteenth street in a rather
sharp cut, in full view of passing
travelers, of whom there were scores
every hour last evening.
The engine was No. SIT, the same
that was pulling the last two trains
that were held up in tho famous Blue
cul; _
NO SEAL CONFERENCE
Great Britain Positively Kernses te
■ Meet With Russia and Japan.
London, Oct 8.— The officials of the
British foreign office have communi
cated to the United States ambassa
dor, Colonel Hay, the final decision
that Great Britain will refuse to take
part in any sealing conference with
representatives of Russia and Japan.
Tho British government asserts its
willingness to confer with the United
States alone but insists that Russia
and Japan are not interested in the
Bering sea seals to a degree entitling
them to rcprc&ntation.
Santa* tltjr ColUctorshlp.
Washington, Oct. 8.—Mr. E. L. Kel
logg- of Rich Hill, who is a candidate
for internal revenue collector at Kan
sas City, called at the White house to
day, in company with National Com
mitteeman Kereus and Assistant Sec
retary of the Interior Davis Assist
ant Secretary Davis will support Mr.
Kellogg for the place. Major Warner
is supporting John Duncan of Kansas
City for the place, and National Com
mitteeman Kerens will keep out of the
tight entirely.
Given a Term of Sixty Tears
Spring field, Ma, Oct 8.—Lera
Dean, a Springfield negro, who shot
his wife in August, was tried to-day
before Judge Neville of the -circuit
court on a change of venue from the
Green county criminal court, and the
defendant found guilty and given a
term of sixty years in the peni
tentiary.
Uryan nut! Tammany.
New York, Oct. 8. — It was an
nounced at Tammany hall yesterday
that William J. Bryan has written, or
is going to write a letter indorsing the
Tam many ticket, because it is regu
lar, and u-ging all Democrats to vote
for Van Week.
Rubbed of SD.OOO la Cash.
Washington, Iowa, Oct. 8.—Ilarvey
Cherry, who had just returned from
Nebraska, where he had sold his farm
and lis<l 89,000 on his person, was
waylaid this morning by three foot
pads, knocked senseless and robbed of
the money and a valuable gold watch.
Lnnctry SnITer. from Concussion.
London, Oct. 8.—The doctors of the
asylum for the insane in which Ed
ward Langtry, the former husband of
Lily Langtry, the actress, is confined,
believe he is suffering from concussion
of the brain
THE STOCK
YARDS LAW.
Judgrn manner In the Federal Coart
j . <1 rant* a Temporary Injnnctlon.
In the federal court at Lincoln Judge
M linger granted the temporary injune
: tion in the case of the South Omaha
stock yards company against the state
of Nebraska.
The stock yards company applied
for an injunction to prevent the state
officers from putting into force the
law enacted by the last legislature,
regulating and fixing charges for
handling live stock at tile yards.
The order in the case, after citing
the title. Green leaf \V. Simpson against
the Union* stock yards company at
South Omaha (limited), directs that the
temporary order be issned to be in
force until the hearing of the cause,
upon the filing of 'a bond by the plain
tiff, the stock yards company in realty,
but the stockholder Simpson in form,
in the sum of $25,000. The order also
provides that proof be taken as in
dicated in the memorandum filed by
the judge and in which the ruling of
the court is given.
This memorandum is in this lan
guage:
First—The bill charges, and is sup
ported by affidavit, that the company
does business with the railroads and
not with the public generally. If this
is established by the proofs my present
opinion is that the stock yards com
pany is a private concern, and for that
reason is not snbject to regulation by
the state. This may be illustrated by
the case of an inn-keeper whose
charges may be fixed by tile legisla
ture. But if the inn-keeper does not
hold himself out as furnishing enter
tainment to the publie, but does so
only for a particular class, he is not a
publie inn-keeper with whose business
the state can interfere. The case of an
inn-keeper is one of those mentioned
I in Munn’s case, for which reason I
I mention it. I am not bound to follow
| that case, hut the distinction is
obvious.
’M
vl
./
nuuuuu—a iiu mu siiuws biutb mere
are several classes of business done at
these yards. First: There is stock
shipped from points in the state to the
yards. This class of business is sub*
ject to state regulation. Second: There
is stock shipped from outside the state
to the yards, and third: There is stock
sh ipped from points either in or outside ,
tile state to Chicago and other eastern
points, and which lies over in the
yards for rest and feed. These last
two classes of business, if Interstate,
cunnot be interfered with by the state.
Third—The bill charges that the
statutory rate does not yield compen
sation for the services rendered by the
company. If this is shown in the
proofs tho act is invalid.
Fourth—Our constitution provides
that property shall not be damaged as
well as shall not be taken for public
use without compensation. If a street
in front of a lot is graded and the con
sequence is that the rental of the prop
erty is decreased, it is a case for com
pensation. I am unable to see any
difference between that case and where
the legislature by its direct act redu
ces the earning capacity of the prop
erty.
llefore rendering a final decree I
wish proofs to be taken on these points.
I wish to know whether the company
holds itself out to the public as a pub
lic market, what part of its business
originates in this state destined to tho
yards, and what part originates in or
is destined ont of the state, and what
is the value of the physical property,
and what l# the value of the stock to
the company.
An injunction will Issue according
to the prayer of the bill, to remain in
force until the hearing, upon the plain
tiff giving a bond with sureties to be
approved by the clerk, in the penal
sum of 833,000,
"Senate File 169.” ... '
The officials of a number of counties~
in the state, says a Lincoln correspond
ent of the Omaha llee, have written to
the attorney general to find out wheth
er the new law which appears in the
new copy of the session laws and which
is labeled “senate file 160” is vatid and
can be put into practice at the com
ing election: The attorney general
has answered all these inquiries by
setting forth the record on this partic
ular bill, but lias rendered no decision
as to its validity. The bill, as intro
duced in the senate, was calculated to
allow counties having a population of
8,000, or a voting population of 1,600,
■ to elect clerks of the district court at
! other times than the regular time for
electing such officials. The bill was
introduced for the special benefit of
Valley county, but if valid could be
taken advantage of by about ten coun
ties in the state this year. The record
shows that the bill passed the senate,
but that on the last day of the session
it came to a vote in the house and fail
ed to pass, the vote being forty-eight
in favor and nineteen against. In
spite of-this failure to pass the bill,
however, was certified to the governor,
received his signature and is printed
in the session laws.
a
d
Cody Don the Proper Thing.
Some time ago Adjutant General
Harry sent to each member of the gov
ernors staff and the officers of the Ne
braska national guard an invitation
to accompany Governor Holcomb to
Nashville and participate in the exer
cises on Nebraska day, October 8. An
answer has been received from Colonel
W. F. Cody, “Buffalo Bill,” in which
he says: “I am pleased to say that 1
will be in Nashville with Nebraska's
wild west exhibition on October 7 and
8, and that if the governor wants any
horses for himself and staff, a band,
regular army soldiers as escorts, or if
he wishes the entire wild west show to
turn out on Nebraska day, that I and
my entire company are athis command.
1 also wish to extend to him and his
officers, and ladies, an invitation to
visit the wild west exhibition during
our stay in Nashville.”
Mr. Adam Kleinkauf, an old resi
dent of Grand Island, has received a
letter from his son William, who is at
present making his way to Klondike
with a party of eighty men. The let
ter states that the party has yet two
months to travel before they reach
Dawson. It has been very rainy, says
the writer, for eight days, and supplies
were becoming mouldy and Worthless
in the dampness of the atmosphere.
The letter was sent away on August
ill. The tone of the letter showed that
the writer felt considerably discour
aged. Some of the most beautiful
scenery imaginable was seen, but them
were also districts that were terrible.
