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About Plattsmouth weekly journal. (Plattsmouth, Neb.) 1881-1901 | View Entire Issue (July 20, 1898)
iaJU I xm SCHEMERS BALKED IN THEIR EFFORTS TO OVER , RIDE THE LAW JUDGE KEYSOR'S DECISION IN THE OMAHA FIRE AND PO LICE COMMISSION CASE. Holds That the Board Appointed by Governor Is Entitled to Control Until Final Disposition of Caee by the Supreme Court. Omaha. Special As heretofore an nounced In these columns, a set of des perate republican politicians have been doing everything known to the pro fesslon of city ward strikers and un scrupulous attorneys In the courts to override the law and take possession of the police powers of the city of Omaha. At first great efforts were made to force Governor Holcomb to appoint a fire and police commission which would be owned and controlled by a coterie of desperate politicians who have al ways operated with the pluguglies of Nebraska's metropolis in the carrying of elections by fair or foul means mostly the latter. In this they failed and Governor Holcomb appointed a set of commissioners whose private busi ness and political records were equal to any set of men In Omaha. But the unprincipled schemers never abated their efforts to put the police powers Into the hands of those who are known to be friendly to the ways that are dark and tricks that are vain, which the tough and very dangerous element in Omaha and other big cities are known to habitually practice. Judge Cunningham R. Scott. whose ranting and venomous displays on the bench and elsewhere having secured an appointment for his son under the republican administration of Omaha, was in the nature of things a suitable Judgs for the gang to appeal to to de cide the present fire and police law unconstitutional, which he did with a great deal of very evident satisfaction. The matter was taken before the su- the evidence concerning the efficiency or inefficiency of the police board, and that evidence will therefore be disre garded on. this hearing. A CLEAR RIGHT The right of appeal from decisions of Inferior tribunals is amply, provided for in our constitution and laws. So. in the supreme court, a defeated litigant may move ror a rehearing. The r.eht to, move for a rehearing in the rupreme court is an individual safeguard, for mere oeing no appeal from that court, it is the only remedy available for the correction or reversal of an erroneous judgment In the case. No one ought to be prejudiced in any respect In the exercise of that right: certainly not the old board in the quo warranto proceed ings. The judgment In that proceed ing was rendered by a divided court; it pronounced an act of the legislature unconstitutional, and thereby deprived the governor of a power given him by said act. The decision is of great importance, be It right or wrong, and every good citizen is deeply interested in having it tested by a motion for a rehearing. The supreme court, acting under au thority of law, adopted the following rules: "A motion for rehearing may be filed, as of course, at any time within forty days from the filing of the opinion or rendering of the Judgment in the case." Under this rule the old board fairly had the right to file a motion, for a rehearing within forty days from June 23. isyg. and until the motion be dis- posed of. if filed within time, if the supreme court still has jurisdiction of the case. It may modify, reverse or affirm said Judgment, and while the right to do so exists the case must be held to be still pending in the court. NOT S KLK- KX KCL'Tl NG. The judgment is simply a determi na the on ex tiffs are entitled to the relief prayed for in said petition. Jt is. therefore, considered, orderec" and adjudged that a temporary injunc tion issue against all of the said de fendants, their agents and employe and officers associated with them, fron interfering with the said plaintiffs in the discharge of their duties as mem bers of the board of fire and police commissioners of the city of Omaha, and enjoining and restraining said de fendant, ana each of them, from act Ing. or assuming to act. as a board of of fire and police commissioners of the city of Omaha, or from, in any manner. interfering or directing the officers or employes of the fire and police depart ments in the discharge of their duties as sucn orncers. And it is further ordered that if the said plaintiffs, constituting the board of fire and police commissioners of the city of Omaha, prior to the expiration of the said forty days from the 23d day of June, 1898, file a motion and a brief for rehearing in the case of the state of Nebraska -ex. rel. Constantine J. Smyth, attorney general, vs. Frank E. Moores et al.. then this order shall continue until the supreme court of the state of Nebraska passes upon and determines the rights of the respec tive parties upon said motion for a rehearing. To all of which order and ruling the defendants at the time except. it is further ordered that the plain tiffs give bond herein in the sum of J1.000. to be approved by the clerk of the court. WILLIAM W. KEYSOR. Judge. Action Against Mallalleu. Lincoln. Special Attorney General Smyth has filed a petition In the dis VERY IMPORTAP ATTORNEY-GENERAL SHV WORK IN U.S. C0U1V UIITIED OFflCEB'S MODIFICATION OF. FREIGHT RATE T AXTMUM ISION. A Great Victory- Bod Cl Tran.portatior t0JclurtTn H j . t-. . , U. a. court In and end Foot i. . . . I,,..,,.. Free to Act. junction, ere ft Attorney Gen. SmZth.h s5ur! , j url ol lne united from the supref .: ., . nosir; of the decree the maximum freight rate cases. The decre of Nebraska on Novem berr m! f Tf.C "PET'S to be In l -va e v vaaos.si.ut, lutiai acv a use I nr ratesvt r .CI y""2 ' ' ' 1 1 i iic vic-vicc i can Billing iiie 'w'ment of the maximum freight j as to that extent In conformity Jlldffo Flrwer' ri Islnn it wont , Jker t emtiodied two provisions Jfh . extended b yon J what Judge those cases was entered ?Sly of the Federal Court w.-j v vase am held th?the m"imun freight rat neiu iPunoon8tjtutional because th .The success of Attnrnev . (!narai L Smyth In securing these modification! is worm more to ine people or tne state of Nebraska than fifty times hit salary. If the Fame republican crowd which was in control when this decree was entered way now in possession of the state house the decree would nevei have been modified, and thus would have passed away the last tight of the people of this state to regulate the rail road companies. To lose the maximum rate case has cost the people more than $22,000. every cent or which was expended by repub lican officials, and not one cent of which went into the pockets of a f u- sionist. Ten thousand dollars of the amount went for the assistant to At torneys General Hastings and Church ill. This assistant was none other than the high toned, high priced republican attorney, John L. Webster, who now wants to break. into Senator Allen's place In the United States senate. But he is not entirely to blame, for he was ably aided and abetted by the repub lican attorneys general, republican members of the board of transporta tion and the republican secretaries thereof, one of whom. Mr. Joe Johnson, is now and for some time has been the self-constituted critic and defamer of the men whose work it has been to correct his mistakes and pave the peo ple rrom the consequences of his mis-deeeds. TEXANS ARE TALKING SENSE West and South Must Have Better Transportation Facilities. Omaha. July .The forty Gal- vestonii.ns who came Saturday to spend two or three days at the t-xioi-ition are raoitTlv rettine The judgment is simply a determi-!,",' .77 -f ' YT h i V" H.V Ju '"U'.h im .'obi sod ition of the rights of the parlies . trict court of Buffalo county, in which .wer it. tended, and wntch far ; r 1 ,ltrv several ereto. It does not execute itself. No he asks for Judgment against John T ?cninsr Rna nur 5.trou ir their rtti !fjl4,r ';.lU.jl,r.w three or four e may take into his own hands the; Mallalieu F J Swit F. J. RobertXTeC ? Up5n ,h r'f ,9 Kne " i luit uuiacturers and dealers, ecution of a Judgment in his own' t , v. J? state. "Ttwa ii-'te ,.-igir Imporurs, several COMFODORE WATSON. Thanks an army of biographers and newspier gatherers, the reading public havibeen made quite familiar with the xfonality and naval record of two of tfc men in conimand of our squadrons L West Indian waters. But there is a te'd commander down there, an able at.Jefficierit o. fleer, as modest as he is a Li and a lal good fellow to boot, whi performing a duty of the utmost Imflrtance and value to the country, ojserning whom very little has been pHted. This mam Commodore John Crit tenden Watn. who, with a fleet com posed for 1 11 most part of small ships, is maintainiit th blockade of Havana and other nuf-h Cuban ports In a man ner which nit win for him the ad miration of tis superior officers and the people a$ s whole. Here is a man who by virtufof his commission is the senior of bnt Sampson and Schley, and yet repifrs to the former. Com modore Schleis. on the naval register, acting Rear j1miral Sampson's senior by two numbr. and by the same token Commodore Vatson ranks ahead of Schley. It is.probs many that it I dore Watson, I who lashed y r.ot rememnerf-a rjy vas this same Commo- en a young lieutenant. 'irragut to the ngeing during the balie of Mobile bay. Tliat incident of thl great struggle between the states hint since became historic, and poets andVrtists have found in it the Inspirationlfor fome of their best and most piild work. This is the story briefly tJj: The powt:fui confederate Ironcl.td Tennessee at'a led the Hartford fierce A Benefactress' Kind Act. From the Evening .Vtu, littioit, Mich. Mrs. John Tansey, of IV) Bi.KerStreft, Detroit, Mk'liliian, lk one of t ! women who si war know Just what to do in all trouble and ICK.oe. Oue that it a mother to those in dUlreii. Ik reporter she said: I sm the mother of l children and have rained elpht of them, heteral ear aico we had a erloiiK tune with my daiiKhler. w hich Ix-paii when he f alniut nixteeo yeart old. he did Dot have any serious illnenK but leeined to Rrad ually waste away HmvIok iievt-r had any cod fiiniptloD In our family. a we come of good old Irish and Scotch stock, we did out think It was that. Otir doctor called the dlwase by ao odd name which, as 1 alter ward learned, mraut lack ol blood. "It If Impossible to describe the feeim John and I had as we ooticed our daughter slowly pa-si lug away from u. We flually tound. how ever, a uiediclue that seemed to help her, sod MmI yf th Time She Wis C:'d f Cc i il e t : J n ly. Farragm tok up hi por'tr n In j fr. t' e first w r.. -1 n e-,c 'J,'!;;:) J r. the port mi , riggipg. t"' -tv .-r (J ,'1 y to""r f' tr'-K .enl .if..,, tl . , r" the fe-ht at,A nt ht-Al so rr-x" iUit-i'oTtid a wont favor. Judgments are executed by th son and J. H. Irvin for the sum sheriff or some proper officer, actins .i8.38. The three defendants r1 By-4he first of these two provision the state and Its board of nansi.r- ui.der an appropriate writ. If the writ named are sureties on the official a 1". .!Le .llfil. . 1 ?uc JB be withheld by the court the fruits ; , ,,,:.. Je I "- u, rsiiruHu compaiiies ui me eiuie iu me I I " . .nuiiaiii v. aB ruj " ------t . - . . nd is the right and duly of the supreme state reform school at Kearney court to enforce its own Judgments, i tn petition alleges that th- as The refusal of that court to issue level named in the maximum rate bill vholi zrt-ers. an oil ittiner. a cat- tie dealer, fifteen or twenty capitalists and others. "There is a fine opportunity for Omaha to establish a big business with Galveston," said one of the gentlemen a writ of ouster i conclusive evidence superi sued for was received by Mall. ntendent during his in K or below that level. The intention of of the party. "We are large preme court and there a majority of the court Judge John J. Sullivan dis senting) decided in favor of Judge Scott's decision, holding the law un constitutional, but the court staved the execution of their order of ouster until the police commissioners could apply for a new hearing. The gang wnicn was after the police powers, nowever. were impatient and under took to force the police board out of the wav and set up business for them selves, hence the district court was ap pealed to and Judge Keysor issued the following order. This order simply gives the fire and police commission the usual rights of making a showing wny an Injustice has been done and a new hearing should be had. The worst and most disreputable ele ment In the republican party is bark ing tne whole proceedings and the peo- rie or Nebraska can well imagir. what the gang consists of when it Is known that even ex-Treasurer Bartley and ex Auditor Eugene Moore and a number of other convicted public thieves would not be caught associating with them. Judge Keysor's opinion is as follows: This case comes before me as a Judge sitting in vacation on motion for a temporary Injunction. The material facts are undisputed, and I will state them briefly. March ir. 1897. the governor of this state, acting under the statute per taialng to metropolitan cities, appoint ed William C. Billiard. Daniel D. Greg ory. Robert E. L. Herdman and James ' H. Peabody. who are the plaintiffs, as members of the board of fire and police commissioners. They immediately qualified and en tered on their duties as such, and from that time to the present they have con tinued to act as members of said board end have been in possession of Its rec ords and of Its rooms In the city hall For convenience this board will here after be designated as the "old board. Subsequent to the appointment of the old board the mayor and city council believing that the law under which the governor acted was unconstitutional. and that the old board was an illegal one. appointed Charles J. Karbach. Pe ter W. Blrkhauser. Matthew W. Collins and Victor H. Coffman as members of the board of fire and police commis sloners. These gentlemen filed thHr bond and took the oath prescribed, and became members of the new board They demanded possession of the offices from the old board, and were refused In order to determine which was the legal board, the attorney general of the state began an original action of quo warranto in the supreme court, mak ing both boards parties to the suit. June 23. 1898. the supreme court en tered a Judgment In favor of the new board, and adjourned sine die soon aft- erward. The old board refused to sur " render Its offices and records on the ground that it had forty days in which to file a motion for a rehearing. There4 upon the new board applied to the Judge of the supreme court for a writ of ouster, but its application was de nied. Then the old board asked said Judges for an Injunction to prevent the new board from assuming to act as the board of fire and police commissioners, pending the hearing on the motion for a rehearing. This said Judges denied. as the proof shows, because the term of the supreme court had closed and because the district court, or the Judge tnereor, couia oe appnea to ror su-J relief. Vj The new board then claimed right. undr the Judgment of thf preme court, to act a? the board ti.v and police commissioners, and C .- council passed resolutions declaj A new board to be the only lawfi'r,- requiring the police and firi . p ments to recognize and ref t new board, and announcing,,.. officer of the fire or PollreP-rtm'n who should refuse to recrT " . ' the new board would Ve bis pay during the Vrg m; fusal and would be subjT '"f' 3,r.nJ for insubordination. tTP0" ,h' 'J board brought this '"J1'3' the new board be enjftf CJ or assuming to art. the boar? r,r ? toners, and from fJVL, Lf f,?.TmXold board in the IiitriirniiK mini . in the supreme disposed of. fullv remove .toe- uri-iM. s. , j- ., JUon GrprllUK unm wur uestions: First. Is tne , y-eeding which the Instituted, still pend- t curt 7 becond. nas a Judge thereof. hernct'on prayed "' v-.-.- . . . . .esc w ac that they do not intend the new board ?r tne office and mat it was v ob. to enjoy the fruits of that judgment 'onging to the state or .-ser Bale ot until the motion for a rehearing is filed ta.ned by Mal'alieu from j m the and disposed of. . " sugar beets and seeds so wa. That court still has control of said Judgment and of the means of enforc ing it: and I am unable to perceive by j what right or on what principle of law the new board even if fortified by res olutions of the city council may. in I 1 ... arJ thai V, . lOTlCy never over in office. t Malialieu The pennon recite-1 hooJ fop was super.ntendent c, . c w SI rarm. "a um turned I l"r " r accounted for by h''1"" very inju to the state nor tof tutieS5SOP panies. y Judge Brewer was to restrain the en forcement of the rates fixed in the bill when taken as a whole, and not the enforcement of any one of those rates taken separately. It is not difficult to see that while the enforcement of all the rates as a body might result consumers of your local products, and if we can establish the necessary re lations we can get together on a basis that will be of benefit to both Omaha and Galveston. You have packing house products, grain, vegetables and fruits. N e want them. Take apples riously to the railroad com-j for instance. We consume a grea quantity of apples every year, bu never can get enough to supply the demand. It s the same with cherries raspberries and other small fruits several years down t It, iQ7 That In 1891 z010. ' I" . .0ok possession to the Ox-twenty-two nara rer. s.. of $, car loads of beets J le (,aJg t 'VJ:t In v93r" car ,uild3 at !f1'',.4,.,n.r3-slve car loads at at i i- t, J8. That of the total car loads at Jl wnUn lnese ar.ount of n tets were !- L,q i.-. M-iiaiiou hn accounted for Ja.009.10, Malialieu na - 6 unaCf,,unted for. L' ?.ift. out that in 1S92 Hal- ..- I. endeied. -Nor do I think that it con- '-" su,l Jsy6 .id seeds to D. Lan- f"' ers en the successful claimant t he j eef a,nd ,Lr arij cf the money re- !?" ieht to enforce the Judgment him- d,etn, & f' gaies $43.72 was not "f sj jf Iitlon sets up that these beets to Be Oxnard company and the Id to the s-d firms were all tan the farm at the institution ! effect, enforce taid judgment in its own behalf. The new board, however, claims the right to act at this time by virtue of section 711 of the code, which Is as fol lows: "If Judgment shall be rendered in favor of such claimant he shall be per mitted to exercise the functions cf the ofiice after he has qualified as required by law." I am of the opinion that the judg ment referred to in this section is not one that is subject to modification or reversal on rehearing, but is a Judgment that is final in the court where it is rendered. Nor do I think that it con- fe r self, for section 712 provider as follows "The court, alter such Judgment shall order the defendant to deliver s ' books and papers in his custody, or ur.der his control, belonging to said of fice." This the supreme court has not yet done, and until it does so order the old board is entitled to retain possesion thereof. THE OLD BOARD IS RIGHT. Under the decision of the supreme court the old board is now and always has been a board of de facto officers. That a court of equity or a Judge thereof, in vacation, has the right and power to protec t ,a de , facto board in the performance"' of the duties of Its ofllce, pending an action ;i quo war ranto, brought to test Its title to said ofiice: is so clearly settled by reason. common sense and the authorities cited. IMl 1 pass on to consider wueiner or i o.k. .a, . t.0A-a w,..n.1 . , i I - . V fuau -' - - O not i ougni to exercise me power m iiigs many restrictions as a boxing mis .case. j lyfest under Queensbei ry rules. These The members of the old board 2Tre sfulations. says Tit-Bits, which are arpointed Un2er color or law. ineyer ,ne sanction of an the civilized are in possession or tneir mce "ufcuntries of the world, are designed nave periormeu ine ujurs menrui 'i0 yet the enforcement of one or two of those rates might not work a reduction in the total earnings of the roads which would be unreasonable. To illustrate, suppose the board of Now, if you people can put apples to transportation desired to reduce the ( us at a reasonable price, we can take rate on corn, or wneai. or came, or j many a canoau rrom you. we want cei ved or-nese a"n'rition sets up that these beets sold seeds raiseu raisd bv the superintendent and . 5 by Uim ard the money receiv ? . tim a sue' superintendent, and fd .V,.KhJr"pe""-and the proceed, be. 1', , , turn mony received for ff',el ,"redS over to the state beeta an ' u p bund ar he and lne.i. .1,1. . . v,hcie Biaiv lot aiuuuiii now sruu " suit l-SJaseu on ine rrpni i iiiaue V wie . ... t. ,i f M ,,f vial. nuttee lalieU v ago. A t published several months Ings Forbidden In War perhaps, not generally realised insure fair play for the combatants. a year or more. They are naoie to j when it i9 intended to bombard a suit for damages if they are fin? p)ate. due notice should be given, so ousted. They ought r.ot to be d.stuw, u at a), women and children may be in their office until t..ey have bey lemoVtd to a piaCe of safety: and every fully heard as they desire and trgow Cjre mugt be ,aken to spare churches permits. The old board cann'jJar(1 at . knEr,tai.. a. m,ii a. ii oharHable surrender their o?h e to the nef own without fatal prejudice to tj our monon ror a rtiiraniis. ur', not supreme court has held thate which nscrn to a rnnien lor bu ered to Has teen voluntarily u Is bound the claimant. If the old W lo secure to retain its office in a rehear- its legal rights to a motfat ,t has lhe Ing then it seems to thereof, right to perform the lrir, CAN'T INDORSE io me piopu'Knard will not at- torney tnai tne n nt.rrere witn the te:npi Dy rorce a, Ka rH hot-will possession of g of tne reCords and without posse.-,.. BA tlMreablv at. office room. q board of fire and po sume to act ers. I cannot give my lice commisjT a coure WOuld disor- consent. urd notice derjartments. ganize t "JTseriously affect their effi or at ley ....i chlect the firemen ciency. AneJi to an unnecessary and and poif ,.y,rAro of masters and it uncerjt b (reditable to the reputa 'i'U'z7r,ur rltv. tienjf-.,. tv,c nolir-v of the law. fior 'Imiir.a to any principle of our gov- arer.t. that two police boards should ''aiend with each other for supremacy iwinning. In any way they can. the ,i1gianee of the firemen and policemen. These servants of our city ought not ho be called upon to nazara ineir po sitions or their pay on a guess as to which is the lawful board or as to what the supreme court may do on a rehearing of the quo warranto case, if a rehearing should be granted. It is the duty of the supreme court, bv Its Interpretation of the law, to decide which is the lawful board, and it will finally do so. In the regular course of legal procedure, and will, at the proper time, either confirm ths title of the old board or will, by the power vested In it under the law, de liver possession of the room, record and the offices to the new Doara, wnicn tempor; answer quo wa attorney Ing in a court power for? The I way a? the si Ing w? membi clairjr. a c, it- ' r 7' VAC until the case urt shall be Anally he old board 1 law- m ofB'tT' Mii?.i,' -ran in no i case In .- .; 000 e t.uriofe- C Othe SaD Juan tneXN- . -utabce tnau : 113" " " . ' tO "SID or educational buildings. AH chaplain, doctors and nurses are protected in every possible way. and are not to be taken prisoners or in any way Injured. Any soldier robbing or mutilating an enemy Is liable to be shot without trial, and death is the penalty for wounding or killing a disabled man. The bodies of the enemy are to be carefully searched before burial, and any articles found on them which might lead to their identification are to be sent to the proper quarters. Explosive bullets must net be used, and quarter must be given to the en emy whether he asks for It or not. In an attack on the enemy there must be no concealment of the distinctive signs of the regiments. Poisoning drinking water is strictly forbidden. CAT Tongues cmfwy shrdl shrdlu The tongues of the rat family are covered with recurving spines. In the common cat these are small, but suf ficiently well developed to give the tongue a feeling of roughness. But in the lion and tiger the spines are strong enough to enable the animal to tear away the skin of a man's hand by merely licking It. JOKELETS. Lawyer Have you any evidence that the miscreant had previously attempt ed your life? Client Positive evidence, sir. I can bring more than fifty witnesses who will swear that they heard him ask me to umpire a baseball game. . First Sailor That rope should have had more sense than to break. Second Sailor How could a rope have sense? First Sailor Well. It was taut. Grlnkham They say that In a battle over one hundred bullets are fired for will then be entitled to act as a board every one that takes effect. cf fre and police commissioners. Crunchem (the motorman) Very like- I am firmly convinced that tne oia . y. i sometimes pass as high as two beard Is entitled to the temporary in junction prayed for. and the motion, therefore, will be sustained. THE COURT'S ORDER. The requireel bond was filed and Judge Keysor issued the following or der: In the district court in and for Douglas county. Nebraska. William C. Hullard et al., plaintiffs, vs. Frank E. Moores et al., defendants Order. On this 12th day of July. A. D. 1898. this cause came on for hearing In va cation before Hon. W. W. Keysor. one of the judges of the district court of the Fourth Judicial district .of the state of Nebraska, upon an applica tion by the plaintiffs for an injunc tion against the defendants, restrain ing the said defendants, and each of them, from acting, or assuming to act. ss members of the board of fire and Police commissioners of the city of ilia lid. biiu rescraiiiiiiK 1111; bbiu uc- ittt .MiinZ t",i .Ai . ivjants, victor n. jonman. narie - "cbinfc tlp!'r- AeDiaa snes. XV- Blrkhauser. from Interfering, dV 11 t cor harassing the said plain- J tibklPK - if)vrY . laabiOBUnXercise of the duties of the ".i.nlih' it vf W . or he-nd police commissioners y k oU lr i uo. -SlSter, SO UBlm2'h ur,on COnldera- . r 1 - . itv ti direction -ej Tbe expe the petition are that tbe piain- known hundred people before I hit one. Rich Patient My money worries me greatly. What shall I do, doctor? Doc-tor Oh. that will come all right. I will relieve you In a very short time. "Sir," said the young man. "I wish to marry your daughter the flower of your family." "Are you sure," queried the old man, "that it Is not dough you are after?" Gobang I believe that I will haye burglar alarms put in the house. Mrs. Gobang Gracious! What for? Don't the thought of burglars alarm you enough? Spykes I'd enlist for the Spanish war if It were not for one thing. Spokes What is that? Spokes I don't knew who would pay the remaining instalments on my new wheel. HE Remembered the Occasion Mrs. Benham Every man makes , a fool of himself at least once. Benham Will you ever stop twitting me about my marriage? "Was it her first. proposal ? "I am sure It was. She told ot It as an admission, not as a boaat. merchandise. It might do so and yet not so affect the total earnings of the companies as to make the reduction unreasonable. The decree as entered prohibited the state board from mak ing such reductions. This prohibition, however, was but significant when compared with the other provision referred to. That pro vision restrained the railroad compa nies of the state from reducing any of the rates which they had in force at the time the decree was signed. By this provision was taken from the Iegis- re and the board of transportation right to ever reduce railroad rates below what they were in isas. whetn- er those rates were reasonable or un reasonable was not a subject of Inves tigation In the trial of the case. The only rates which were Investigated were the rates named in the maximum freieht rate bill, which reduced the rates then In force 30 per cent. Judge Brewer said that that reduction was unreasonable.- but he did not say that the rates then In force were reason able, nor did he say that a reduction of those rates 10 or 15 per cent would be unreasonable. Nowhere in his opin ion can there be found any warrant for saying that one, or two. or three of '.he rates then being charged by tne companies might not be reduced not only to the level named In tne max imum freight rate bill, but to a point much below that. Yet this decree as entered prohibited the reduction of any rate charged in 1894 by the railroad companies. At a glance it can be seen that If that decree was permitted to stand the legislature could not cut any one of those rates 1 per cent. The rate on cattle might be most unreasonable, and so might It be on wheat, or corn or merchandise. In a word on the things which the people of the state are prln cipally Interested In. but the legis lature would be powerless to grant any relief, even in the smallest degree. It was a clever trick on the part of the attorneys representing the railroad companies to have those two provisions Jncorporated In the decree. The trick was very nearly successful, and if it had been the people of this state would have lost for all time their right to regulate in any respect the freight rates of the railway companies or mis state. How did these two provisions come to get Into the decree? Why did the court permit them? The answer is plain. The decree as drawn, was. be fore the Judge signed It. submitted to Mr. Johi L. Webster, the $10,000 as sistant of Attorney General Hastings, and was by him approved. With his approval, and no objection from the attorney general, the court supposed the decree was in accordance with Judge Brewer's opinion and signed it. When the supreme court handed down its decision in March of this year. Attorney General Smyth discov ered these two provisions In the de cree and saw the disastrous effect they would have If permitted to remain there. He called Mr. Webster's atten tion to them. That gentleman ad mitted their Importance, but said nothing could be dene, and rerused to make any attempt to have them elim inated. The attorney general, how ever, was not satisfied with this course of procedure and took steps at once to arply to the supreme court to have the decree modified. He prepared the necessary papers and argument and proceeded to Washington and submit ted the matter to the court. In a short time thereafter the court decided that his position was correct, and that both provisions should be eliminated from the decree. As the decree now stands It Is with in the power of the Board of Transpor tation to do anything it may desire to do within reason with respect to the freight rates of the railroad compa nies, except the enforcement of tin maximum freight rates as a body. The board may reduce the rate upon corn, upon cattle, or wheat or merchandise, or any other commodity if. in its opin ion, the rates thereon are too high Prior to the obtaining of these mod ifications the board was powerless to do anything with respect to rates. The Omaha Bee and other republican or gans persistently attacked the board because It did not reduce rates and give the people relief on this commod ity or that, but the?e papers well knew that it was not the board's fault that relief was not granted The fault rest ed with the decree of Judge Dundy. which decree was entered with the consent and through the connivance of republican officials If. therefore, the board of transportation, has done nothing to relieve the people of the state against the unjust rates charged by the railroad companies, it Is not Its fault, but the fault of .-Us republican predecessors Joe Johnson. W. A Dil worth and J M Kour.H Immediately upon the supreme court granting the modification, which was done about the middle of May. the board of transportation proceeded vig orously to the work of Investigating the rates being charged by the ainerent companies, and it is expected that with in a short time an order will be en tered granting material relief to the people. "Why didn't the board make this Investigation before?" says some republican howler. Simply because the raiiroad companies refused to permit It to do so. on the theory that the de cree as It then stood remained too board from acting. your grain for consumption and for export. We don t raise enough wheat or corn In Texas to meet the local de mand. Your packing house products can be handled by us in immense quantities. Mr. J. Purcell of Purcell Co. of our city wants to secure ship ments of apples. Mr. J. P. Joughn. Mr. Henry Stern and some of the others in our party can handle your packing house stuff. Mr. T. J. Kelly and Mr J. W. Jockusch of Jock use h. Davison & Co. are in the grain business. "On the other hand we want to fur nish yellow pine and cypress to you Mr. Charles H. Moore of the Lock- Moore & Co. (limited) and Moore & Goodman is one of the largest lumber manufacturers and dealers In America Mr. J. F. Grant of our party is a lum ber dealer of long experience. We will buy more commodities from you than you will frcm us. Our section of th country Is one that your business men ought to give attention to, especially as we are on the eve of one of the greatest commercial waves of ex pansion that America ever experl enced. Your wide-awake merchants must realize the fact that the gulf ports are going to do the bulk of the trading with the West Indies. "When the war closes there will be a widening cf commerce on the Gulf cf Mexico that will tax the facilities of all the seaport towns of Texas, and Louisiana. Already our people at Galveston are trying to charter vessels for the Cuban trade. The Mallory line the Lone Star line, the Morgan line and the Cromwell line will have steamers in the Cuban and Porto Rican trade and. I understand, the Kansas City. Pittsburg & Gulf will have both pas senger and freight steamers in ser vice between Port Arthur and our new gulf possessions. NICARAGUA CANAL CERTAIN. "But great as will be our trade with Cuba and Porto Rico, large as will grow the exports of grain and other trans-Mississippi products to Europe, we believe that the building of the Ni caragua canal will give to the gulf ports a commerce immeasurably larger and greater. The Nicaragua canal is a certainty. This war the voyage of the Oregon settled that. It would be well for the merchants of Nebraska. Kansas, Iowa and Missouri to be alert to the development that is coming along the shores of the Gulf of Mexico". The well informed business men of Omaha realize that the heaviest and most important shipments over north and south lines to the Gulf of Mexico are our farm products. If these pro ducts could be secured their natural rights in the matter of transportation it would be the means of keeping many millions of dollars here at home In the pockets of the producers, which, under the present system of transportation, is filched from them and unjustly taken to the already overfielled coffers of eastern and foreign industrial bond holders. ciirei t an i on ins men. iji-u- ter:nl Wats--ft. seeing the great dan ger to which th intrepid admiral was exposing hiirif- procured a rope and la.shed him-eif his plate. In a letter which Lieutenark Watson wrote to his mother after thd battle he mentions in detail the recklejs bravery of Farragut, and adds: "At length I 1 ished him to the rig ging with my vn hands, having in vain begged hin not to stand in such an exposed placn" The relations ihich existed between Admiral Far rage I and his flag lieuten ant were of the -nost affectionate de scription. In hl official report of the Mobile battle F irragut show ed w hat he thought of yc rng Watson: "Lieutenant WStson." he wrote, "has been brought to jour attention in for mer tinies. He vas on the poop at tending to the s ?nals, and performed his duty, as mii?t be expected, thor oughly. He is ai scion worthy of the noble stock fromkhich he sprang, and I commend him tt your attention." There is no betr blood In the navy than flow s in thef veins of Commodore Watson. He wai born in Frankfort, Ky.. August 24. 42. His father, Ed ward Howe Wat. -on. was a skilled and popular physician of the old 6chool, and his mother. Sarah Lee Crittenden Watson, was a daughter of John Jor dan Crittenden. th famous Kentucky statesman, rival of Henry Clay, govern or at one time of Kentucky and at torney general In William Henry Har rison's cabinet. 1 Governor Crittenden's first wife was Miss Sarah Lee. Some years after her death he married the widow of John Harris Todd. By his first wife he had a large family, including General Thos. L. Crittenden of the United States army. Among the children of his sec ond wife was Henry I. Todd, a well known Kentucklan and father of Chap man C. Todd. U. S. N.. now command ing tbe gunboat Wilmington of Com modore Watson's fleet. Another of her sens was George R. Todd, former mayor of Louisville, Ky. Commodore Watson was married In 1S73 to Miss Elizabeth Thornton, a dis tant connection, and daughter of Judge James Thornton of San FraneUco. The result of this union was eight children. seven of whom are living. The eldest son. John Edward Watson, is an ensign in the navy and Is now attached to the cruiser Detroit, commodore Watsons naval career has been a notable one. He was Immediately assigned to the rank of midshipman, and August 15 joined the Husquehanna in that capac ity for a cruise to Europe. While he was abroad the civil war broke out. and he returned at once to take part in It. He w-as promoted to the rank of mas ter August 31, 1 SCI . His career as a fighter did not really begin, however, until January in. 1S62, when he was or dered to the Hartford as navigator. This was Admiral Farragut's flagship. He was commissioned a lieutenant July 16. 1863. and In January. 1S64, he was made flag lieutenant to Farragut. He was at the battles of New Orleans, Mo bile bay. Vieksburg and' Port Hudson. In a letter to his son Loyal during the ivar. Admiral Farragut tells him of Watson's volunteering to slip off and blow up a blockade runner. Among other things he says: It was an anxious night for me, as I am about as fond of Watson as I am of your own dear self." The shin referred to by Farragut was burned blown up as effectually and completely as was the Merrimac the other day by heroic Hobson and his equally heroic crew. At the close of the civil war Lleuten- ant Watson was ordered to the Colo- ado, on the European station. He wa made lieutenant commander July !6. 1866: commander January 23. 1874: cap tain March 8. 18S7. and commodore No vember 7. 1897. During the last thirty vears he has commanded a number of the best ships In the navy and held im portant posts on shore. His wife and unmarried children reside at the Naval Home in Philadelphia, of which Insti tution he was governor for a number of years. New York Herald. r.i.!d!r aul kooii ws In trl- hau. ! liiedk lrm iited wn !r. W lHimrn' 1 ihk tills fur mi l-m.i. 1 liv always kept ltir bill la tun house kluce and hare reooiiiinended them to many eoe. 1 linve told many mothers about them and they have effected some wonderful cures. "Krery mother In this land should keep thess pills lo the bouse, as they srs good for many ailments, particularly those arising from Im poverished or diseased blood, and weakened nerve force." "What Is the charge?" said the Judge. "The accused," responded the prose cuting attorney, "had two wives, and on the 3d of September last he took his revolver and shot both of them." "Humph!" observed the court, "thers Is something I don't understand about that." "What Is It, your honor?" "How could any man with two wives have a revolver without shooting him self?" Elsie Is It cool where you're going this summer? Pussle I'm afraid not. Name does n't sound like It. "Why, how's that?" "Oh. I heard mamma ask papa where he thought we'd better go for our va cation and he said to Blazes. Were you ever there?" Myra, aged 6, came home from her first day at Sunday school with a wise air. "Well, I know one thing, mamma; 1 know what folks are called when they do wicked." "And what is that, Myra?" -"Cinders!" replied the little wisacre. promptly. Cholly I really don't know what Miss Caustic meant, doncherknow. Cholly I awsked her If she didn't think I made good company, and she said I left nothing to be desired. Bobby Pop, does "missive" mean a letter? Fond Parent Ye. Bobby. Bobby And does "sub" mean under? Fond Parent Right, Bobby. Bobby Then "submissive" must must mean a postscript, mustn't It? Warlock For a man with a reputa lon as a profound thinker and reader, Bottomwell Is disgustingly ignorant. Havelock Nonsense: He is known as one of the most erudite men In this country. Warlock Well. I heard him say he dldp't know the difference between a first and second-class battleship. Mrs. Naborly So your name Is the same as your papas, Harry? Harry Yes'm. Mrs. Naborly How do you know vhen your mamma calls who she means? Harry Oh. she always calls me kind of coaxing. Live Stock Business Crowing. Omaha. Special The success of the ive stock display at the Trans-Mis sissippi exposition Is no longer prob lematical. Over 200 exhibits from all sections of the west have now secured space, and the Indications are clear that this feature of the exposition will stimulate the live stock industry in the west to an extraordinary degree. Breeders of all classes have become quite enthusiastic on the subject. The Dakotas. Montana. Idaho. Oregon, Ne vada. Utah. Colorado and Missouri are contributing the cream of their fine stock to the exposition. As if to encourage the cattle indus try of the Trans-Mississippi region, P. D. Armour's great packing plant at South Omaha has Just opened for busi ness, adding Its daily capacity or 10.000 hogs. 2.000 cattle and 5.000 sheep to the consumption of the market of the west. This will add at least one-fourth o the market advantages of the Mis souri valley and the cattle breeders. stock men and the Industry generally will profit by the Improved market conditions. With Hammond. Cudahy. Armour. Swift and the Omaha plants competing for hogs, cattle and sheep on the South Omaha market, the trade n this section will be given such an mpetus that the Trans-Mississippi re gion will have no occasion to depend upon the eastern markets for the con sumption of Its live stock. Practical stockmen expect to see the local mar ket increase at least one-fourth within the next six months. To do this, how ever, the production of hogs, cattle and sheep In the Trans-Mississippi states n-t)l kat-a t n nrnnArMnnatplv tnorpflce. but It is confidently believed this will Mr. Speckled Trout-I suppose I be the case, for It means better prices might as well let my accident policy and a home market. The present pro- run out for a while now. portions of 13.000 head of cattle. 25.0M I Mrs Black Bass-Why. what ever put hogs and 20.000 sheep, the daily capacity . tha ,dea Into your he?d? cf the yards, has been reached In four- I Oh. summer vacation now, you teen years. With the Impetus the ex- know- there II be nothing but city i. .rw.to t viv tv,4 tnrina. 'men fishing out here for the next HilllllllLpli Summer Tourist Rates now in effect to Colorado, Yellowstone Park, Black Hills, Montana and Utah. Surprisingly low only t25 for - . . - I the round trip Omaha to Derjver, Colorado Springs, or Pueblo; 155 to bait Lake City; fUl to Helena or Butte. Get fuil information from nearest ticket agent or write to J. Francis, General I'asseuger Agent, Omaha, Neb. r. S. If you go weft via Omuha and the BurlinKton Route, you can stop oil auid M the Trans-Mississippi Exposition. A Hanover postage stamp dealer named Decker, known throughout tier many as a high philatelic authority, has been sentenced to a month's Im prisonment for embezzlement He sub stituted less valuable stamps for these sent to him for his expert opinion on their genuineness and value. Aeent wanted to sell a oew pt... souse hold article. Add rex J. C. I.SAkSO. Lock lk)i cC'j. Chicago, ills. RAIfJT r WALLS & CEILINGS. CALCir.lO FRESCO TINTS FOR DECORATING WALLS AND CEILINGS fSf.rg.Til CnldmO Miat daalar aad do rear owl k!omlnin. Tbta matarial ia mada aaianlifta anaclpiaa at aia ckiaan aad aililwl ia taeatr-four tiata aad ia snparior to ooaaoctloa el Ulaa aa w aJUa iaaS aaaoaaiblr bamadabr haad. ISsil4 alii IW4 Wuw. nrSEIS rSt SAMPLE COt.Oat OAKDS aad tf yea eaanot pareaaaa this malaria from row loosi daaian let a kaow aad wa will pat joa ia tha war of obtaiaias is. THK MURALO COMPANY. NEW BRIGHTON. 8. I.. NEW YORK. try. the live stock business of the Trans-Mississippi region Is expected to double In the next few years. month or two." To kiss," bliss. "To kiss." miss.' quoth he, "is rapturous said she, "necessitates a The heat was so Intense In New York , automatic fire boxes sent In a number "To kiss amiss." protested he. . . a aft (fa Sft SB SB1 7 tft t IasS r raise alarms, xne mercury regis- T .7 . . v teret. 100 degree la the shad. mi" responded aha Wit NatbawarS Miller Etaaaratla Paat Fs kills Ilea and ml km aa poaltrr aiab ioa Iba ba lar mora Iraalr. aad aids baalcb. eon fort aad baaaiv to lb. faa-la. At a-roMr. dri.t ar factart . 10 aach. l Uu Uoi bipra arapud . AaaaUwaatad. UlNi i ll IXNIIit. NUMtfir & MllUS, . !. O. P. Co., Omaha, No. 30. 1808 T rlutrinta AullSi JAItf I I I Boat Coueta Bjrua. Taalaa Ouud. DaS I I I I In lima Sold bt dra-iaa. t I . 1 Ll I) ( - X . 4 -: wffr (X:-:.i