B Practical Presents for Plattsmouth
People
AT
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The Plattsmouth Journal
DAILY AND WMKW.
C. W. SHEE2IAIJ, Editor.
TERMS FOR DAILY.
One eopy one year, la advance, by mall . . 15 Oh
One copy tlx months. In advance, by mal . 2 50
uue copy one month. In advance, by mall. 60
One copy, by carrier, per week iu
. Published every afternoon except Sunday.
WEEKLY JOURNAL.
Single cepy. one year 11 00
Single eopy, alx months -
Pnbllahed every Thursday. Payable In advance
Kntered at the postofflce at Plattsmouth, Ne
braska, as second-class matter.
NOTICE EXTRAORDINARY.
There is no use of disguising
the fact that the prevailing busi
ness depression has affected The
Journal, making it impossible
for us to, for the present, keep the
paper up to its usual size and ex
cellence. We are, therefore,
compelled to ask the indulgence
of our subscribers and friends
until collections from our list of
subscribers will enable us to do
better. It is hoped that this con
dition will last but a few weeks,
at the farthest.
It is but lair for us to state that
there is enough due us on sub
scriptions to pay every dollar we
owe, and to put the paper on a
fair footing, and while we do not
wish to push anybody now, we
hope that all who owe us and de
sire to see correct principles pro
mulgated will strain a point to
pay up their scores. A touch of
the elbow gives courage to the
weak and strength to the courage
ous in time of battle.
THE PUBLISHER.
The treasury ia still losing gold at
a rapid rate by the greenback redemp
tion process, 82,000,000 having gone
out Wednesday, and the average rate
Is over a million a day. A new bond
issue ia already in sight. The gold ia
wanted for foreign shipment.
Neekwear
Silk : Mufflers
S3,
THE
THE FATTER-SON APPOINTMENT.
The question whether the appoint
ment of James M. Patterson by the
authorities designated by law to fill the
vacancy in the board of county com
missioners, occasioned by the death of
S. W. Dutton, is to hold merely till the
first meeting in January next, or until
the next annual election, is an inter
esting one, which may assume some
importance in the near future, and in
this view of the matter the legal
opinion given by County Attorney II.
D. Travis, at the request of the ap
pointing board, Messrs. Eickhoff , Ram
sey and Dickson, is a document which
gives an interpretation of the law in
the case, and, in our judgment, settles
the question. That opinion is, in sub
stance, as follows:
OPINION OK COUNTY ATTORNEY.
Gentlemen: Having selected the
person who shall fill the vacancy oc
casioned by the death of S. V. Dutton,
a question has been asked by you
whether the appointment will hold
only during the remainder of the term
during which the vacancy occurred, or
until the next general election? Per
mit me to direct you to sec. 105, chap.
26, comp. stat., 1893, which provides:
"Appointments under the provisions of
this chapter tshall be in writing and
continue until the next election at
which the. vacancy can be filled, and
until a successor is elected and quali
fied."
Mr. Travis then quotes, with em
phasis, sec. 104, comp. stat: "Every
officer elected or appointed for a fixed
term shall hold office until his successor
is elected or appointed and qualified,
unless the statute under which be is
elected or appointed expressly declares
the contrary."
The vacancy has occurred more than
thirty days prior to a general election
As there will be an incumbent in the
office at the end of this year who can
hold over until his successor is elected
and qualified, therefore another ap
pointment is unnecessary.
"Troop on Public Offices" and other
recognized authorities are quoted to
sustain this holding.
Meachem, on "Public Office," says:
"American courts hold that in the ab
sence of any restrictive provisions the
officer is entitled to hold until he is
superceded by the election of another
in his place." Other authorities say:
"When power to appoint has once been
exercised, any subsequent appointment
'is void unless the office has become
vacant." "If the successor dies after
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BOSS CLOTHIERS.
election, theie is no vacancy, and the
incumbent holds over."" "Where of
ficer elected dies before the new term,
person appointed holds till another is
elected."
The syllabus of the Michigan case,
"People vs. Lord." is quoted, in which
it is shown that a jucg?, appointed by
the governor, died after his re-election,
and the governor appointed a man to
fill out the term. On Jan. 1st, when
the new term begun, the governor ap
pointed another man for the new term.
The court held that this appointment
was void, and that the first one ap
pointed would hold the office until bis
successor was electkij and qualified.
Also that the governor could not by
any provision in me commission limit
the first appointment, or make its con
tinuance depend upon his pleasure.
J. M. Patterson will hold over under
this appointment until the next general
election, unless he shall resign or die.
After he takes the oath of office and
files hi3 bond he becomes the in
cumbent of the office, just as Mr. Dut
ton was before he diedx and on the 3d
of next January lie will be an incumbent
of that office, and entitled to hold over
until the next general election. The
only question involved is one of law,
and not of expediency. The board has
no power further than to "appoint to
fill the vacancy occasioned by the death
of S. W. Dutton, chairman of the
board of county commissioners." In
other words, they cannot limit or ex
tend the time of that appointment in
any respect whatever. Mr. Patterson
should re-qualify upon entering on the
new term, next January, and file a new
bond. The appointment should simply
be made to fill the vacancy.
Leaving out many of the legal
phrases and citations of authorities.
the above is the substance of the legal
opinion furnished by County Attorney
Travis. This opinion is backed up by
that of Judge Maxwell and Attorney
General Hastings in its legal conclu
sions.
Congressman Bryan in his weekly
letter to the World-Herald strongly
opposes the new banking scheme of
Secretary Carlisle, and indicates that
he will make as strong a fight as he
possibly can against the bill in the
house. The bill was reported to the
house Monday, tbe minority of the
committee making a report opposing it
and predicting a panic if it should be
come a law. A lively debate is pre
dicted, and The Journal hopes that
the bill will be killed.
: Robes
$25.00
THE new kankinu SCIIKMK.
The proposed new banking scheme
is manifestly wrong, because it is un
fair and is class legislation of the tuost
pronounced type. The bankers and
financiers of the country and world
have been denouncing the scheme pro
posed by tlin populists of allowing
farmers to borrow money from the
government at the rate of 2 rer cent.
6a a pledge of teceipts for grain de
posited in government elevators and
warehouses; but here ia a scheme to
let bankers have government money at
the rate of one-half of one per cent, by
depositing HO per cent, in greenbacks
of the amount desired with the treas
urer of the United States. V hy is
not the farmer's grain a3 to the amount
of 80 per cent, of its value as good as
30 per cent, of the government loan in
greenbacks? Why make fish one and
fowl of another t Why is a banker any
better than anybody else ? Can a free
government rest on a foundation of in
equality like that ? The conflicts and
wars of all the ages have been waged
over the equality of men before the
law. Every aspiration of the human
heart and hope for human liberty has
been grounded upon the axium "equal
rights to all and special privileges to
none." Yet here, in free America, in
the twilight of the nineteenth century,
a professedly democratic administra
tion proposes to force the passage of a
law which gives a special privilege to
a class which lives and fattens upon
the sweat of others' toil. The scheme
is a monstrous outrage upon human
equality and no man who really be
lieves in the essential principles of de
mocracy can consent to it, much less
approve of it.
The public generally ,and thefriends
of Judge Chapman in particular, will
be surprised and mortified at the de
cision he has made in the Tutt-IIaw-kins
aldermanic contest election case.
The hope was that Judge Chapman
would rise above partizanism and give
such a decision as was warranted by a
full sense of justice on the facts pre
sented, but in this they have been dis
appointed. The decision in favor cf
Hawkins is understood to be based on
the statement that tbe city clerk was
to blame for printing the tickets wrong
and was arrived at hy going behind
the ballot and inviting perjury.
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In view of the fact, however, that Mr.
Hawkins had stated to Mr. Fox that he
was entirely justified in printing the
tickets in that way. as that wasclearly
the intention of the ward caucus, Ihe
public will hardly accept li e dictum
ot tbe court as a fair declaration of the
equities in the case. Instead of being
accepted as a final decision of the mat
ter undoubtedly large share of the
public will form a poorer opinion of the
justice of" judicial decisiors. and have
less respect for the dignity and impar
tiality of the bench.
Druixo the debate on the income
tx deficiency appropri:s!i.Mi bill the
other day Congiessman McMillin called
attention to the injustice ot the old
system thus:
-'In order to show the flagrant wrong that Is
clone by the system of taxation tinder which we
have been living, I will call your attention to
Mr. William Waldorf Astor. This gentleman
ran for congress once against the present gov
ernor of New York, Mr. Flower, and was de
feated. His defeat soured and embittered him
againBt the government and our institutions,
lie moved abroad, and not content with what
he could say against America himself and our
American institutions, he purchased one of the
ablest journals in Great Britain. lie lives there
now, and his paper is doing lis work against our
Institutions. The income of the man, derived
from property in New fork, is more than $5,
000,000a year, and he does not pay he does pay
a state tax, county tax and a municipal tax, it is
true but he does not pay the government of
the United states, and has not paid tiO in ln
years, although be has bis colossal finances pro
tected by our army and defended by our navy,"
The Roman republic fell because of
the great wealth of the few made them
all-powerful, and her civilization went
down because thevenality and corrup
tion of the rich demoralized the masses.
Her people forgot the duties of patriot
ism and while the people starved the
rich reveled in licentious extravagance.
It was a conflict of wealth against the
commonwealth. There are indications
that tbe wealth of America is repeat
ing the history of Rome.
Stories of the want and destitution
prevailing in the drouth-stricken re
gions in the western part of the state
are to be heard on every hand, and
they are such as should impel every
person who loves humanity to do as
much as possible toward tbe allevia
tion of the suffering h re.
Seelev, the defaulting book-keeper
of the Shoe and Leather bank, was
captured in Chicago the other day,a
man named MacFarland, to whom he
had confided his secret giving him
away for the $5,000 reward offered.
Bon,
Robe
Hats
&
Knpeal These FoollMi Dutlrs.
New York Herald. '
It is clear that tke differential ard
discriminating duties on sugar ought
to be instantly removed. They are no
toriously mere tributes of slavery to
the sugar trust, making with tbe ad
valorem duty a piohil.itory tariff on all
foreign refined sugars. The fooli-h
discrimination against German sugar
does no violate Ihe letter of our treaty'x.
with Germany. Cut it dors rot har
monize with the spirit i f shat treaty. ;
It has alread) provoUd Gei tunny to a
realization which may soon cost us the
Irss of a large slice of our export trade
to Germany exceed'ne SfHl,0(0,CG0 a
yar.
The position Judge liiewer took in
the Nebraska maximum freight rate
law that the cot of construction and
equipment should govern '.he earning
or charging p wer of the roads, is a
good deal. like the position of the gold
monomaniacs that "the cost of pro
duction" of the precious metals gov
erns their value. In the case of cold
and silver it is the standard of value
fixed by law which n gnlates the value.
If all the commerce using nations of
the world were to change the law regu
lating the amount of gold to be put in
a dollar that would settle its value.
With silver it is just the same. The
ipse dixit of the law ia supreme in that
respect. With railways it is differeny -A
railway might be built on the top of
tbe Rocky mountains, which would,
cost $100,000 a mile, but its freight ."
charges could not be based on that
cos, but they ruus' be fixed on the
utility of the traffic, or it would get no
business and its stock would be of no
value whatever. Judge Brewer or the
whole of the U. S. supreme court could
not create an equity in favor of such a
road charging rates based upon cost of
construction and equipment. Neither
can he by arbitrary dictum compel Ne
braska people to pay rates based on the
cost of construction and equipment of
Nebraska railways. The judge is a
good bible student and Sunday school
IcnHiPr ani! vn venture to commpnrl
to his attention that passage of th j
scriptures which Bays: "Whatsoever v
ye would that men should do to you. 1; ?
dove even so them." It may give kjni V
an idea of equity not found iiK i
modern law bn kf.
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