h'luo liiauilonl .lock I,
3
nr
WEEKLY
"BE JUST AND FEAR NOT."
VOL. 13. SO. 47.
PL.iTTSUOUTH. NEBRASKA. THURSDAY, NOVEMBER 15. 1894.
61 Oft PEK YEA. Ft.
IF PAlIt If ADVANCE.
F.LATTSM0
JOTOIAL
JLJUL
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t
Si
1
1
THE RULING IN FULL.
Supreme Court Decision In the Case
of Murderer Harry Hill.
THE GOVERNORSHIP SETTLED.
llulrumlt Purely In the Lead Pluralities
Accorded the Two Candidate In
All Hut Five Counties Vari
oiii Otlisr Jot tine.
Tn following is the syllabus of the
of the supreme court opinion in the
case of murderer Harry liill, who will
be harmed in this city on March 1st,
1S9-5, imless the next governor, Silas
A. Ilolcomb, extends executive clem
ency :
Hill vs. State. Error from Cass
county. Affirmed. Opinion by Justice
Tost.
Jn one count of the intorm-ition for
naurder the accused w as charged with
Laving purposely and of his deliberate
and premeditated malice killed the
deceased, and in two other counts the
killing is alleged to have been done in
an attempt to rob the deceased; held to
cbarce but one offense and a motion to
require the state to elect between the
several counts ot the information was
properly overruled. Furst vs. State,
SI Neb. 413.
2 The law d'es not distinguish be
tween principals of the first and second
degree, hence all persons who being
k present aid, assist, or abet in the com
mission of a felony may be prosecuted
as principals.
3 Objection by an accused on the
gTOund that there has been no prelim-
inary examination for the crime
charged should be bv a plea of abate
ment. Cowan vs. the State. 22 Xeb.
519.
4 Complaint upon which the accused
as committed, examined and held to
1 state tbe cnai charged in tne mior-
mation filed in the district court.
5 In reviewing the rulingof thetrial
court receiving and rejecting evidence,
this court will confine its examination
to the objections made at the. trial.
.Schlencter vs. the State, 9 Xeb. 241.
C The provision of the criminal code
making conscientous ' scruples of a
juror against capital punishment
ground of challenge for cause in prose
cutions for murder was not repeated
by the amendment of 1S93 conferring
upon the jury discretion to fix the
punishment upon conviction for mur
der in the first degree at imprisoment
tor life instead of the death penalty.
7. Affidavits after a verdict contra
dicting the answers of a juror on his
voire dire examination for the purpose
f proving his disqualification on ac
count of prejudice against the unsuc-
J esful party should be received with
' caution, and when contradicted an or
J 3er denying a new trial will not be re
' versed on app:l.
8. Proof of voluntary intoxication
t is admissible in prosecutions for mur
der in the first degree, not to excuse
the crime charged, but as a circum
stance tending to show that tbe kill
ing was not the deliberate and pre
meditated act of the prisoner. Where
however, continued drunkenness has
produced such a condition of insanity
a or imbecility aa would relieve from
f responsibility for criminal acts K pro-
tion may be shown as a defense, and
the fact that it was caused by volun
tary drunkenness is immaterial.
9. The limits within which cross-ex
amination will be allowed respecting
the put life of a witness other than
the defendant in a criminal prosecu
tion, for Ue purpose of affecting his
credibility, reats in the discretion of
the trial court. Accordingly held not
error to permit a witness for the defen
dant to be asked on cross-examination
if he had been arrested for vagrancy.,
drunkenness and other misdemeanors.
10. A judgment will not be reversed
because the trial court in a prosecution
for murder has. in charging the jury,
assumed material tacts as proved,
where it is clearly shown by the record
that they were admitted by the pris
oner at the trial or treated by him as
I iroved .
11. The trial court 6hould avoid the
giving of undue prominence to a par
ticular proposition by frequent repeti
tions thereof in chargingthe jury. But
K si violation of that rule in a criminal
prosecution is not itself reversible
error, where it is apparent that there
was no controversy respecting the
proposition staten. and where it is
clear that it did not have the effect to
exclude from the consideration of the
jury other propositions stated by tbe j
court.
12. Where, in h crininal case, the
trial conrt has correctly charged upon
all of the questions presented at the
trial, the fact that a single proposition
might have been stated with greater
precision in single paragraph is no
ground for reversal, particularly where
the instructions given are a substan
tial compliance with the requests pre
sented by the prisoner.
13. It is not essential to the crime of
robbery that the property be taken
from the body of the person roboed. It
is sufficient if taken from his personal
presence or personal protection.
14. Abuse of privilege by counsel in
addressing the jury, to be available on
appeal, must be excepted to at this
time. McLain vs. the State, 18 Xeb.
154.
15. liut that rule ha9 no application
to the trial court. It is the duty of the
presiding judge whether so requested
or not to protect the court by an en
forcement of tbe rules essential to an
orderly and impartial administration
of the law. And should an attorney
persist in attempting to influence the
jury by reference to facts not in evi
dence or appeals to prejudice unwar
ranted by the proofs, the court Bbould
not hesitate on motion to set aside a
verdict in his favor although no objec
tion may have been interposed when
the offence was committed.
16 Evidence examined and held to
sustain the verdict of murder in the
first degree and to warrant the extreme
penalty imposed by the jury.
Square Talk Oi the Content Bugaboo.
As to the matter of the institution
of a contest over Judge Holcomb's
election, the Lincoln Xews (republi
can) expresses itself as follows:
'If the face of the returns show the
electiou of Silas A. ilolcomb as gover
nor of tbe state of Xebraska. there
will be to contest begun by the repub
lican managers by and with the ad
vice and consent of the voters of tbe
p:rty. It may be that the horde of
disappointed place-seekers who go
d jwn wi;h Majors ire very anxious to
see such a step taken, and we have no
doubt but that the railroad managers
would throw any obstacles in the way
Nevertheless, it will be p:irty suicide
to attempt to take from Ilolcomb that
which evidently belongs to him. The
majority of men are honest and they
want to see fair plaj; unless there are
better grounds for a contest than have
been made apparent so far the ma
jority of the republicans of Xebraska
will violently oppose taking such a
step. There can be no disputing the
fact that the democratic party stole
the governorship from the populists in
1690, and the indignation it aroused
has simply buried the democratic
party forever in Nebraska. But twice
since that year lias the democratic
party placed a state ticket in the Geld,
and each time it has shown a steadily
decreasing vote, until at present there
is not more than thirty 39,000 mem
bers of a party that once numbered
60,000. If the republican leaders wish
to kill the party they can select no
surer way. If Majors is defeated hon
estly and squarely he ought to take
his medicine, and we believe person
ally he is the sort of a man who will
do it. Outside influence may be too
strong for him, but we sincerely hope
that the hungry horde of office-hunters
will not be allowed to dictate the
party policy in this emergency.""
Mime Congressional Figure.
The official canvass of the votes cast
in this congressional district shows
Strode' plurality to be over five
thousand. Tbe following table on
the vote cast in this district this fall
and two years ago on congressman
will perhaps prove interesting:
Counties Strode. Weir,
Hawley-
412
67
14S
1(13
Cass if.17
L&ricasler 7037
.lohnxoii lt2S
Nemaha 14-S6
I'annee 138
J;irnardsoii !ilS2
1817
401".
W7
141.1
V C
TotuU... 18.1H5 12.72K
1078
Strode over Weir.. 5356; Strode over
both. 4278.
The vote two years ago was:
Counties. Bryan. Field. Maxwell. hann.
Ltifc 211
Lancaster 4700
Johnson UI4
Nemaha liV.
Pawuet; !J4
Richardson .1902
1W4 4
WHO S5T BTK)
1112 61 2P4
l'Mt 4 SIS
11.15 114 117
1HI 79 154
13.644 m-i UUO
Totals 13,74
There is more joy in the printing
office over one sinner who pa s in ad.
vance and abuses the editor on every
I occasion than over ninty and nine who
borrow tbe paper and sing its praises
without contributing a cent to keep it
out of the poor house. Blessed are the
meek, for they shall inherit the earth
and obtain material for fencing it on
time and without security.
COUNTY LEGISLATION.
t I't. ATTs-iniTxrf.Veh. Xov. 7th.lS94
Board met pursuent to adjournment
present, J. C. Hayes and George TV.
Young, county commissioners, Frank
Dickson, county clerk.
Minutes ot October session read and
approved, when the following business
was transacted in regular form.
Upon affidavit of Ira S. Saunders,
assessor in and for Salt Creek precinct
for the year 1S94, that an error was
made in tbe assessing lot 3(10 in tbe
village of Greenwood, and the board
being satislied the clerk was ordered
to correct such error on tax list by re
ducing the assessment on said lot from
$S00to$200.
Jury fees for the September term of
court 1894 were allowed to tbe amount
of $612.2(1. Board adjourned to meet
Xov. 8th ISM.
I'lattsmouth, Xov. Stb. ISM. Board
met, all present when the following
vhs done towit:
Board were occupied the whole day
in auditing claims against the county,
and adjourned to meet Friday Xov. 9,
ISM
I'lattsmouth, Xov. ftth. 1S!)4. Board
met all present, when the following
v as done towit:
Upon request of II. I). Barr tor the
commissioners to take up and pass
upon certain cost bills, filed by said II.
D Barr, the board made the following
record. Xov. 9tb, 1894. All billsfiled
by II D. Barr have been acted upon.
You are referred to the bills for find
ing of county board.
S. V7. Dutton,
Signed J. C. Hayes,
I Geo. V. Young.
Upon affidavit of A. L. Timblin as
sessor of 3rd ward of Weeping Water
for the year 1S93, that he assessed the
south half of lots 1 and 2 in block 4
Keeds addition to said city at their full
value, instead of a basis of value,
and tbe board being satisfied of the
fact, the clerk was ordered to change
the same on the tax list 1W3 from
S400toS13().
Upon t lie proper showing by the
agent of the Phenix Insurance com
pany at Louisville that the as-essor
assessed the full amount of tbe pre
miums of said company instead of one
fourth.thu clerk was ordered to cor
rect the same on tax list accordingly.
Board adjourned to meet Xov. 10,1S94.
Plattsmooth. Xov. 10, 1894. Board
met, all piesent when tbe following
was done towit:
Board were occupied during the day
in making allowances for judges and
clerks of election and other claims.
The following appropriations were
audited and allowed on the general
fund of Cass county.
S 7 Button, sal and exp I 48 40
J C Hares, same 35 36
Geo, W Young, same 35 20
Frank Dickson, work sal and czp 134 23
Ben Hemple, janitor 61 5o
John Swoboda, mdse to poor 6 00
Beeson & Koot. Any fees mandamus suit 50 00
J V Ezenberger, wood to poor 2 50
Geo. L. Farley, sal and exp 102 00
David Miller, delivery ballots and poll
books ! 55
Wm IJeroId it Son, miije to poor C 75
J R Deuson, bdg and ldg prisoners 118 50
Omaha Printing Co., books blanks etc... 106 87
E E Hilton, plattinc records.. 30 00
Plaits. Gas & Eler. Light Co., gas 15 B0
J C Smith, care of cripple 10 00
J C Elkenbary, reward for capturing
horse tnieves 100 00
J C Eikenbary, bgd. psnpers less rent 113 40
W H Deariu?. exp etc 14 35
J C Eikenbary, serving venires petit
jury 38 00
J C Eikenbary ldg prisoners etc 122 75
R W livers, baliff 34 00
T Frank Wi:es, baliff 22 00
II E Eikenbary, bailiff 28 00
Harvey Hollowway, bailiff 34 00
Gus Hyers. bailiff 30 00
Sute Journal Co.. stationary. . .. . 12 75
P W Jft(io!s.5n. mdse to poor 5 00
J K Keilbly, printing deliquant tax list. . . 600 00
Mrs R E Tod er, keeping poor 4 00
Gerlng A Co., mdse to county '. 2 Of
P J Hansen, mdse to poor 1C 00
A LtTpham, bdg pauper 18 30
A H Weckbtch. mdse to poor 21 ttO
J N Drake, mdse to poor 3 00
Ktreisht & Sattler, mdse to poor house.. . . 4 25
F S White, mdse to poor 10 CO
Lehnboff Bros., mdse to county 19 00
Jos. Graham, keeping poor 15 00
F McCourt, mde to poor 33 00
A Clark, mds to poor 23 50
E P Cummins, phys sal 3rd quarter 31 25
August II nth, mdse to poor 20 00
J I I'nruh, coffin for pauper 10 75
W K Fox, stamped envelopes etc 13 00
F P Tenny, coSm for pauper $28 00 20 00
F A Bates, work at jail 3 00
Puttibone t Nixon, erroneous taxes 48 87
W D Jones, livery and room rent forelec. 13 50
J L Hartshorn, funeral expones pauper 1 3
I .IaVih VI ' a tar in a tt fnu1 tn nnnntr CO rw
! BPBrenQllLl,h;..sa,3rauuar;;;;;; ;; ,000
E W Cook, holding autopsy F Bobbins. .. 10 00
E D Cummins, same. .... 10 00
K It Livingston, same : 10 00
C M Leach, mds to poor c 65
W F Hamilton, bdg Jury 10 75
John Swobodo, mdse to poor 1100
Ben Elsoii. clothing to oor. 2 00
L C Ek-khoff, tax sale certificate can
celled g 54
, J K Pollock, expense 440
j F Lttbsm, ticket for pauper 35 00
Geo. Poisall. sprinkling streets and Ice... 27 00
Nebr. Telephone Co., telephone rent S3 ho
J K Nichols, mdse to poor (4 bills) 20 00
A J McDonald, digging grave for pauper. it 00
S F Girardet, mdse to poor In 00
H D Barr. state vs Corie 2 95
K D McXuriin. State vs Corie 2 00
Polk Bros., priming 10 50
Bennett fc Tutt, mdse to poor 81 00
V. F. Hamilton, bdg H. Wilding 110 00. .. 6 00
Cost bill, state vs Mel Jean B 73
font bill, Henry E Smith insane 66 20
Cost bill. Stale vs Charles Blake 20 48
Cost bill. Stale vs Oscar Thompson 34 US
Fred Lougenhagen, State vs Nellie Long-
euhageu 2 10
Cost bill. Slate vs Beu Anderson 14 8S
( ot bill, State vs Chas Blake 48 70
Cost bill, State vs Henry Smith a 50
Cost bill. State vs l.on Stultz tt 70
Cost bill. Slate vs Phil Green m 05
Blanchard & Potter, printing poll books
etc 129 00
Evening News, printing tickets etc 155 63
Adam Kurtz, digging grave for pauper... a 00
W F Hamilton, bdg Wilding 2 (HI
Robert W Black, wood to poor farm HJ 00
Election exiienses were allowed lu the
sum of 800 95
The following appropriations were
audited and allowed on the bridge
fund of Cass county.
Rickey A Dickson, lumber 1135 00
Coleman & McPherson, lumber 72 00
fieo shoemnuu. repair Platta. river bdge 1125
Frank A- Kidgeway, tiling and lumber... Hi 80
Curyea Bros. & Co., lumbe. 5o 58 70
Curyea BroB 6: Co.. lumber 139 45 87 05
A F hmrni. lumber a7 15
V.'eeping Water Lumbr Co.. lumber 147 81
t'nion Lumber Co.' (Elmwood) lumber. . 68 50
StopnerA Wilkinson, lumber 63 00
John Waterman, lumber 43 18
Weeping Water LumberCo.. lumber 2 80
Lee Applegate, repair of bridge 10 no
Wolf A Tool, lumber 40 36
Avoca LumberCo., lumber two bills .... 73 60
Nat Bank of Ashland, lumber 10 91
Root Ji Edmunds, lumber 8ti 10
J C Cummins ik Son, lumber lifj 23
COUNTY ROAD Fl'ND.
C L Marshall, work on road 25 00
LNeitzel. spikes 75
Lynn & Albiu. spikes V 25
G s Barry, snikes 1 50
C Debiting k Son, spikes 123
E Sturzenegger, spikes 75
RD McDonald, spikes 4 4
After which they adjourned to meet
in regular session Tuesday Dec. 4tb,
1S!4. Frank Dickson,
County Clerk.
O ' E THINU AM) AVOrif Kit.
Those democrats who sold them
selves out to the Majors outfit are tbe
sorriest lot of fellows in the state.
They are like we once heard a colored
woman say of her daughter: "She
done sold herself for twenty-five cents,
and den nebber got it.r'
The enemies of County Attorney
Travis those who conspired most at
bis defeat will find little consolation
in the judgment of the supreme court
in the case of Murderer Harry Hill.
Mr. Travis has always contended that
the verdict calling for Hill's execution
would be affirmed by the supreme
court and the decision of the latter
body simply goes to prove the entire
correctness of the prosecutor's posi
tion. It is also a fact, and it is to Mr.
Travis' credit, that tbe Hill case is
the first murder prosecution ever
taken to the supreme court of Xe
braska which was acted on in less
than a year from tbe time of tbe trial
in tbe lower court. During the cam
paign the delay occasioned by the ap
peal of the case was charged to Mr.
Travis, when, as a matter of fact, be
was absolutely powerless to prevent it,
tbe law being of Buch a nature in Xe
braska that a murderer under sen
tence of death can enforce a rehearing
before the supreme court. Mr. Travis'
official acts in tbe Hill case in every
rezard were for the best interests of
justice and of the tax-payers of Cass
county.
'Away back in 1S58, when I was a
young man,'' said Xick Holmes to tbe
writer, "I read in Horace Greeley's
paper this bit of advice to young men:
"Don't wait, young man, for anything
to turn up. Wating for things to turn
up is like sitting on a quarter section
corner stone and waiting for a cow to
come up to be milked." That thing
struck me as a very strong statement
of tbe truth, and it has had much to
do with making a success in my life.
"Do you know," he continued, that
the things we are most familiar with
are never thought much of? Where I
was brought up and spent my boyhood
there stood an o!d castle, built of
stone, which I have been through a
hundred times, as a boy, but never in
quired into tbe history or when or who
constructed it. There was also a stone
bridge, an immense structure with
eleven piers, built across the Rhine, I
have crossed it times without number,
but never asked the name of the buil
der or when it was constructed. Since
I came to this country, however, one
of my neighbors Herman Bestor
gave me the history of those two struc
tures. Tbe castle was built five hun
dred years before Christ, and tbe
bridge was built by Caesar about four
hundred years before Christ. Both of
these old structures have stood the
ravages of time remarkably well, al
though neither one had a bit of mortar
in their walls. Tjie stones are large
and flat, and are simply laid upon
each other squarely. If I ever go back
there I should view thore old relics
with much more interest than I ever
did before."
AROUND THE CODKT ROOMS.
DISTRICT COURT.
Judge Chapman adjourned district
court on Saturday to the end of the
week and journeyed to Xebraska City
Monday to hold court down there
for a few days.
Mrs. Anna C. McDaniel has com
menced divorce proceedings in district
court against ber husband, Martin
McDaniel. Drunkeness and failure to
provide tbe necessities of life are the
principle reason for which she seeks a
separation.
CO -NTT COURT.
License to wed was issued in county
court Monday to Mr. . B. Hay and
Miss Belle Osborn, both of Wabash.
The groom is a brother of Register of
Deeds Geo. Hay.
COURT KOOH NOTES.
Sheriff Eikenbary departed for Lin
coln Monday in charge of Oscar
Thompson, who will be turned over to
tbe authorities at the asylum.
The supreme court of Xebraska has
refused to grant a rehearing in the
well-known Schroeder-Filbert habeas
corpus case which was recently de
cided in favor of the Schroeder's. This
last ruling is entirely satisfactory to
the people of this community.
The vacancy in the judgeship in the
Fourth judicial district at Omaha,
caused by tbe resignation of Judge
Walton one month ago, was filled
Monday by Governor Crounse. Heap
pointed Edwin It. Duffie, a democrat,
who was a former appointee of tbe
governor. Governor Crounse states
that the appointment was made on the
recommendation of the Omaha bar.
The new judge was formerly a district
judge in tbe state of Iowa. Judge
Strode of Lancaster county, will
probably hand in bis resignation some
time next month and Judge Ilolcomb
will do tbe same, making three selec
tions Governer Counse will have made
before be retires from office.
Mattlaoa Loses His Law Suit.
The supreme court of the state on
Saturday last passed on the case of
Geo. Mattison of South Bend, this
county, against the Rock Island rail
way. The latter road crosses Mr.
Mattison's land and tbe company
failed to put in a crossing tor his bene
fit as agreed. The work was started,
but when Mr. Mattison, ia making
out the deed, failed to include the
crossing agreement; the company
stopped work. Mr. Mattison sued in
the district court of this county and
secured a verdict in bis favor, but tbe
company appealed, and by the deci
sion of the upper court has come out
first best, the case being reversed and
dismissed. The supreme court sylla
bus is as follows:
Mattison vs. C. R. I. & P. R. Co. Ap
peal from Cass couuty. Reversed
and dismissed. Opinion by Justice
Harrison.
Parol evidence is incompetent to
prove a contemporaneous, oral agree
ment by which it is sought to change
or alter the terms of a written con
tract and the result of which would be
to change the effect of tbe written
contract in a materia! portion of it and
to insert or read into it a condition or
reservation not contained in it, or
implied by its terms.
Torrene Wins tbfc Tie .
Messrs. Chas. Tigbe, democrat, and
Wm. Torrence, republican, were op
posed as candidates for assessors in
Center precinct in last week's election
and tbe result was a tie each candi
date receiving SS votes. Both men
were in town Wednesday and the tie
was deoided at the office of the county
clerk, the two men agreeing to settle
the matter by drawing lots. With the
usual republican luck. Torrence won
and County Clerk Dickson has accord
ingly issued to him a certificate of
election.
Is Over Three Thousand.
Official returns from sixty-one out of
ninety counties in the state have been
received at tbe office of tbe secretary
of state in Lincoln. Tbe figures com
pare closely with those already printed
in these columns, and if there are do
further changes the vote on governor
will statd as follows:
Ilolcomb 97,928
Majors 94,701
Plurality for Ilolcomb 3,227
The venerable A. Anderson of the
precinct was in town today and gave
Thk Journal a call. He recently
sold half of his place, as be said to pay
bis debts, and be thinks a farmer who
has lived here twenty yeais and can do
that is doing well.
The best of cigars and tobacco at
Schulhof &Co.
ARE ODT IN THE GOLD,
Members of Registration Boards
Must Wait for Their Pay.
A QUESTION OF LIABILITY.
City Urges That the County Should Fay
Registration Expenses and Will
Test the Matter In the Curts
Various Other Wotes
Who Will Pay the Registrars?
Something of a muddle has arisen
over the question as to where the
members of tbe late boards of registra
tion in this city will get their pay.
The registrars filed their claims with
City Clerk Kerr ou or before last Mon
day, and it was expected that the city
council at its meeting that night would
allow them. The day following the
registrars called for their warrants,
but were informed that the claims had
not been presented to the council, and
as a consequence quite a few of tbe
registrars emitted a large-sized roar.
Upon investigation it has been
learned that the failure of Clerk Kerr
to present the claims was upon order
of Mayor Xe well and several members
of the council, the reason being that
the officials mentioned have good cause
for believing that the county, and not
the city, should be made responsible
for registration expenses. In a city
election the city has always borne
these expenses, but in a county elec
tion, wherein tbe city is not interested
any more than any other part of the
county, the officials hold to the belief
that tbe county should foot the bills.
A careful perusal of the statutes, so it
is claimed, faiis to show tbe city's
liability in the least possible sense, and
for that reason the mayor and council
resolved to let tbe registrars look to
the county for their pay. Tbe claims
were not all filed in time for presenta
tion to tbe county board at this month's
session of that body, and consequently
they will go over until the December
meeting. The amount involved is
something like $300, and it is well
worth the test. The city officials pro
pose to have a fair test made of the
matter, and will abide most willingly
by the result.
Mashed Between the Bumpers.
Cal Raney, the well-known B. & 11.
conductor, who formerly had the
Schuyler run out of this city, but who
lately has been in charge of a freight
run between Lincoln and Hastings,
was severely injured Saturday night
two stations this side of Hastings.
Some switching and setting out of cars
was required and Mr. Raney was en
gaged in raising a draw-bar on a
freight car which was out of repair
and had dropped so low as to prevent
a coupling being made. He was
standing between the rails attempting
to adjust the draw-bar when the string
of cars from behind slowly came down
a decline in the track and pinioned
him about the back in between the
draw-bars. He was crashed in a
severe manner and is now at his home
in Lincoln in a critical condition. Cal
Raney is one of the most popular con
ductors on the whole B. & M., and his
many friends will earnestly trust that
he may weather his injuries in good
fashion.
The Railroads Win.
The decision of U. S. Circuit Judge
Brewer in the maximum freight rate
bill case was handed down Monday
in the U. S. federal court at Omaha.
The decision keeps tbe injunction
against the bill in effect and ascribes
as a reason that tbe rates as fixed in
the bill are inadequate and unjust on
the basis of business done, and will
cripple the railroads in the state. He
finds against the railroads, however,
on the point whether tbe bill was
passed in constitutional form by tbe
legislature and also on the clause ex
empting certain railroads, as well as
on the point involving interstate com
merce. The judge has been in Wash
ington for several weeks, and, as a
matter of fact, there are excellent
reasons for believing that the decision
was compiled some six weeks ago, but
was held back until after election at
the request of the railway attorneys.
According to the decision the law can
be made operative whenever it can be
shown that the business of the rail
roads Increases to that extent which
would make the rates just and un
burdensome, but that clause is a weak
makeshift. There is a strong proba
bility that the case will be carried cp,
to the IT. S. Bupreme court.
J