The Lincoln independent. (Lincoln, Neb.) 1895-1896, November 01, 1895, Image 4

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    Lincoln Independent.
.The Official Populist Paper.
' f I.JO PER YEAR IN ADVANCK
ISSUED EVEEY Fill DAY.
IIS! HY HUCKINS, I'iiUIIhImt.
FE1DAY, NOV. i, ISO").
Entered at the post olllce of Lincoln,
Neb., as second class mail matter.
People's Independent State Ticket.
Tor Supreme Judge,
.SAMUKL MAXWELL.
Aegeiita State University,
JAS. IT. JIAYSTO.V,
KM AW. PKATT1I'.
Tho People' Independent County
Ticket.
For District .Indue:
A. S. TI IM5BTTS.
ir.r. ijosk.
J. C. McNl'.IlNKY.
ForCleiknf District Court:
ELI AS JiAKKJ".
Vor Sin-rill:
vnv.u miixki:.
r'or Treasurer:
in ram roui:v.
For County Clerk-
CKORGK II. WA ll I" IIS.
For County Judge:
I'HOIICK W. I'l'itGK.
For County Superintendent:
JOI1X IS. rKJl'EI.f..
For Coroner:
L.W. -LOW It V.
For County Commissioner:
II, Z. IMCIIAHIU.V
Assess )i-s:
Firet Ward,
T. E. CONNELLY,
Third Ward, .
C. i. Hl'LLOCK.
Fourth Ward.
C.A.COOK
Fifth Ward,
A. C. SJIElllCK
Sixth Ward,
J W. EiMIJEir.-OX.
Seventh Ward,
W. T. Ill "1,01 S0
For Constables:
JOIIXMEANOK.
J. V. THAYIS.
WILLIAM CIJ1XN.
For Justice of t lie Peace;
S. IS. I A MS.
(JEOIKJEW.ULAKE.
Turn the rascals out.
Kemcmbcr the asylum steals ami
vote the populist ticket.
if you vote the republican
ticket this year you arc voting to
endorse the Capital National bank
thieves who were the life and head
vi the party.
Omaiu -is going for t!u: citizens
ticket and good government at. the
coming election. Kins" rule and
corrupt politics have awakened the
people of that city to tlteirreal con
ditions. Keniennber the penitentiary
frauds and vote the populist ticket.
Can we wonder that the people
ate poor, caunot pay their debts or
buy goods with corn at r 5 cents,
oats id cents and wheat 40 tents?
A little moie gold standard and the
whole country will be bankrupt.
The farmers and merchants can
now civ what gold standard, or
"sound money" is doing for them
wheat 40 cents, corn ccnts and
oats 10 cents. Is it any wonder
business is dull?
Wm.v money is scarce, like tic
present gold standard, pnas are
always lo. imicM hard jii I busi
ness dull. Mor money makes bet
ter prices, bet'er wages and Mutter
business.
Kemt'mU r the Capital bank.
tUals and otethc iMipulist tuk t.
Tut U puhiicitis lute limine
v ry itiih h udi 111. lo liol c.rre
win tin r th y uny auv id the tre.
Silver Mi'tt Mi stJlt hi no! I the
nest prrktdt nttai election. I hey
rperl t i.n cnuuvji id the cist- j
nn and inidi'l sUb s U throw ih J
l etion inM ihe Ii-it!- ,ii It al and
thus v cute I In? in;t hot ,. . niite.
N l'iJ-4 vvtil r b I tote I 1 tU l
)fcpld;St r kil I'Ut lu-f d U '.Jittiol
in cii.iivi Wili uiuinb ti the.
I 1 1 1 v tl a. 1 1 uic to . ji ,1 ?t i
n.'iity prci I u ji vu I i i 1 1 n 1
dele , V.1.1 1. 111 i....:u r .!, l t'f
trutiiticut rf .1 ii.-j tii ! t ?
: t i;i ! t ii .,.' 1 1 v iii'
ay m 1 1, i U i.l ti e t !
ll ir .- Hi'liolti I 'l' f tie
I c.jie t'.ii.u ;'; l!it u j it'ii. .-.II
4l t v 1 1 .'. ' ; 1 u ii-!.- it ttli-tt
iipit'i-n'i .1 v ft ..it pi 1 . t
el Ii.-! n iI t'.i t 11 ! I iu
t .tj! ilii,', I K I 1 1 . .I'.ti t
.utvth I I t-.tlit'itl 11 t 1 I I ! '
n t n it .! ii '', I t w u t! i
l ")! . p". I .' I , 'H'.l
ill t,' .h'i ', I t , . :i, I -.!.. ' '
m 'it.ll-
HOW THEY SQUIRM!
Republican State Committee on the Defensive.
Cannot Stand the Official Record.
Get a Sore-head Populist Office-seeker to do their Writing
Railroad Ring
Depend on Villificatiou, abuse, and the Party Whip to
Save their Corporation Candidate.
Tho lUumbliean Ktalo Central Com
mit ton Iris issued a laro batch of eir
cuIhis entitlod an "Appeal for Fair
I'liiy." purporftinj? to bo uu answer for
1.1m official record, us shown up by the
siippliuirerits sent out by tho l'opulist
Stitto ComniiUoo sovoral weeks In
this they depend on viliifleation and
misrepresentation instead of, argu
ment. In tho Hist pliico they seem t
be very much worried about tho ori
gin of tho supplements. Thoro is not
now, and never hus boeu, any secret
about this matter. The supplements
were (rotten out by tho Populist State
Committee, assisted by Lincoln attor
neys. It is simply a compilation of
euses tuken from tho Nebraska Su
premo Court reports, lu every in
stance the number of tho volume, pae,
etc., is (riven, that whosoever would
mitclit rea l for himself. This fact was
well known to tho Republican Btato
Committee as early as tho lath of Oc
tober. Hut they delay their answer
until tho tirt week of tho e-impaiifu in
tho hopes that thoro will bo no tirno to
reply and then pretend that they do
nut know thooriKin of t'a document.
Tho Ilrst half eolumu of thoir circu
lar uiuouuts to nothing.
TI10 statemeyfc that "Judgo Maxwell
himself supports! and voted for
Judges Norval and Port when they
were elected to tho supremo court" is
Rt, least a supposition. Tho fact is
Maxwell did not support Post, and if
he did support Norval, which is prob
lemutic, it was beeanso ho was not so
well acquainted witli him then as ho is
now. Norval had not thou established
his reputation.
KOIIV AI. 11.11) IIKCM "ATTOKNr.y J Oli THE
n. 4. m.
Coneernin tho next statement, that
Jnduo Not vnl whs never a li. & M. at
torney; the facts are that tho llrm of
Norval brothers, Ht Seward, of whid
T. L. Norval was a member, was for
iimiiy years Iho attorneys) for tho li. A.
M. roiid st that place, and the remiiin
idtr meinber of tlie linn, Diclc Norvid,
still holds the business. Another lie
milled.
The next statement, thut all the
"o inions"" were not writton by Norval,
but omo of I hem by tho Court Com
missioners. i- answered lu a letter to
Mr. Conhy in another column. As
hhnwii there, they were all iinreod to
mid concurred in by Norval. Tho next
Mii'.ement, t lint Norval bus wr itten bo
t'.vMii ttve and six hundred opinions
in iitiMnc. ;y nc! mil count lie has
'.. l itlen but fur hundred arid lil'ty
vfven (IV.'(. Maxwell wrote neurly
tico 11s in my in the sumo length of
lini". Another lie muloit.
If is sought to magnify Norval's
uurU iiv (Miiiparintr it uilli tli.it, of
Maxwell from isTO-'Sl, when there
wi'p' not Mitllctt'iit casos in the court
fo l.i'Ci tlio judges liuny one-half the
lime. Tins is so manifestly unfair
that U requires no eornment. The fact
is that (lie last, two year .Maxwell wus
on th bench is hen tliere were plenty of
cases to work on. he wrote -!)!) opinions
Norval wrote lU'l, an I Cost 1 JO. t i
11 res don't lie.
l.Viyaidini; Ihe next statement, that
in tho inst four years I hat Maxwell
v as- on the bench sixty two railroad
e.isi", ero decided, of which only
Uwiity-triiio were in favor of the cor
poral ions, wo snliinit, that this is a
imrdi hotter showuiff in favor of the
,eoiie tlcm lias been made since Mu
ell I, 'It tli bench, and even Iheu
Mawvfll oisseiitt(l from four of those
I rteaty-uiiie decisions. The statement
that he ilisseiited from 1wo of tLose
utter he hnd concurru.l, is plaiuiy
false. Wli.iii a jnilife makes a deciMiou
the re.'ord is the only evidence of what
that decision was. This is further
commented on in tho letter to Conley
1 ol lowing tins are a ma-sof iusitiu hOUst two judges before ii, becomes a
at 100s. wholly irrelevant to the matter iuwftll de isioii. Judge Norval decided
under discussion, l.oiieeruing then,, thls t.;lst, iu VuT l(t t, ,..,,1,.,,.,,
eight hour law reference to tho
c'tsi, of liowe vs. The Heeso
I'liuiiug Co., ee letter to Con
lev. Judge Maxwell xotisl to advance
1hiscs,. The other two voted against
him It was Maxwell s duty as Chief ,UM,,CI. he imr her chihlren cool I tv
Justice foiMiler the order id the nm- ,.ver." The language of th cou.ton
joiity on the docket. Ho did ho. 1 lio j (hu r,oit , i),vgarding th.. repli
kMitrmimt in the circular that -Judge L-ut ion of duces n not now presents !
Maxwell agreed with his associates 1 1 s, we must o.-c it th it after H..
that 10 t.iocircumslancoH the case was0allM,ot ,,,, m.crned l,e v.,1,,,.1,,,-.
im.i cm itl.to advHiicenoMit-U fnlso.l, ,, uc-ptt'i a sum of mom-v in dis
Scs Ihe record. Another lla nallu.L 1 1 h,.,-... ui, l sitisf.i. tloii of tl. com
MAXWrl.l.-H I'KHSONU.IIV.
The circular then S1V it Wtillld beilllt rrfusv to Consider th dlire-is
is ti a! I nek Judi(0 Miixwell .er.ui.
ally. It then proceeded in ft c iw.irdly 1
an I disgraceful in inner to ettsck
t im l.j iiuu n They d.ir not par
t 0 ol.11 i; t. I In KirtKn of tho kbm't
Mill hue littlo etfi.lu!l lir minded
perwiii. i
Ml tti pn f.wi" In llwdr cir ,'ul.if was j
m.-ieit Intro
idui'tory to a letter pr- j
iiirwi 17 siniie'um uuiiiiii, pniJ i
lnf-iti 1 iu lids oinpiin, i .k
ini 'iim uiikiiiiwn, ptMaibly !
Ave closing out tho Parker SHOE STOCK. This is tho Greatest Sacrifice of good
Goods ever niado in Lincoln. Thoro is a hard winter coming on and you can not afford
to miss this opportunity of buying good goods at half their value.
18,000 Pairs in Stock. Wo can Fit Everybody.
on the Run.
sifned by ono Conloy, a nonentity of
rawnoe uity who professes to be a
populist, who was only two months a?o
uiruea uown in a populist convent iou
wlieio lio soiiKlit to be nonruisitod for
district jitdire. Tho letter appeared in
a weart-itneoil, rmir-iioartod, non par
trsai) paper, tho editor of which took
no timo to investigate the matter, but
allowed himself to bo bamboozeled by
this soro head, Conloy, because thev
happened to live in tho same town, it
mijfhfc bo remarked, by the way. that
had we desired tho signatures of cheap
republican attorneys, to tho matter
sent out ty us-, we could donbtlesi
have secured a numbor for about Hit
samoora less consideration than was
necessary iu this case
lieforo seeirnf this circular we had
seen tho Pawnee paper contain tear tho
Conloy letter and had sontto the editor
tlio following reply for publication.
TUB riBl'I.Y TO Tfli: COM.KV I.KTT.VC
EmTOK Pawxeb Cr rv ImVinemlent:
A letter appeared iu last weeks issue
01 the Pawtroe i;ity Independent pur
porting to have been written by II. T.
uoiuey, a prolessed populist of Paw
nee iuy. 1 am surprised that, any
nrnu claiming to bo a populist should
write such a lottor, upholding and de-
renuuig tho corporations and moneyed
intorests in their corrupt methods of
defeating the claims of honest 'and de
serving poisons injured through nog.
loot of such corporations. JIo gives
as an excuse that no is an intimate
friend of Judge T. L. Norval,
Uflginning uttho ilrst of tho letter
that is signed by Mr. Conloy, tho case
of the C. 1J. &( ' vs. Wynrore, it is true
that tho "opinion" was written by
com. it-vino, nut it was subsequently
agreed to. concurred in, by the court,
composed of Judge Norval, Post and
Harrison, as the following will show.
First, compiled statute of tho Sfnte
of Nebraska lH:t.r, Hoc. 'li 1 i , 'J'J f ( I uih 1
provides that "It shall bo the duty of
said eomrnissioners under such rules
and regulations ns t he Supremo Court
may adopt, to aid and assist tho court
in tiie performance of its duties in the
disposition of the numerous cases now
pending in said court, or that shall bo
brought, into said court during the
term of oilbw of such commissioners."
I Vein this provision of tho 'statute it
will be seen that tho commissioners do
not make tlm decisions, but onlv "aid
and ussist the court" in arriving at
their decisions. That all decisions of
the Supremo Court are the decision
of tho Judges of that couit appears
plainly in the c?ise of l.'an tall v
National Pmilding. Liau and l'rotoc'
ive Union of Minneapolis (0- NVY 'S)2)
where t ho court composed of Norval,
Post end Harrison say ' The feet Ih it.
the opinions aio prepared by tho com
missioner of this court is no indication
thatsiioh cases have not been examine I
by the Judges. All questions of law
and so fur as practicable questions of
fact, are considered by each of the
judges and commissioners, and opin
ions are invariably submitted for ex
amination ami criticism by the entire
membership of th court." This is
tho exact language of Iho court aud
Nerval, or hU assistant Conloy, cannot
well say that the decisions in Hie
Wyinoro oasu was not his opinion in
the matter.
Tiie statement in tho suppieiueat to
which Mr. Conley is taking exception
d'ws not say that the opinion was wrii
teuby Judge Norval. It says I he "Com
pany appealed to the supremo court
and had tho caso reverend by Ner
val,'1 inr'sniii,', of course, that Norval
concurred iuthy decision of th, o'.lmr
mcnilicrs of the curt. it. matters lit
tle which of the judges writes the opin.
ion, a it must bo btihmit!d to all oi'
lliein and receive tlio approval oi at
conipnny, exactly as stated pi ihe siq
pienieiu.
Mr. Conley say "Tho court did not
liohl that becaii-e tlio widow received
the from tho relief association
.HIIV lUmlily.' iu other Wolds lu..
(vilnthtr x ennpi Ibsl Kt
the receipt to keep from beinu on,i,..l
from Iter home) aud foo. 1 lied sh
VoluiitHi ily acceptii I Ihe miiii iekni, 1
Is ef tllii r idi oeo. nu t sueli u .t, l, i
di.s isiou of tho court that 11 ht I Hie
cai,
Mr, Conley ios on fo mv Hint the
txl f iii eoticcrniiig dun- h i I Is i u
riiiuu I I'l in Colin 1 1 low. ,!s l
rrwti.Mlly ttue, but m UitJ iii fh.
riilode I la Ilia court I t low, I I
DEALERS IN
supplement, the "questions excludod
are there presented and sufficient is
shown to show the nature of the evi
dence offered and excluded, and it was
the duty of tho court to sav whether
those were proper. inquiries."
This case is well known over the
state, especially among railroad men,
wno are acquainted witn tne opera
tions or the mioiUo.I l.urlington Vol
uutary lUdief Association, which is not
voluntary upon tho part of the em
ployes, and never has been known to
afford them any itdiof. it is a iiur-
lington association.
In the ease referred to by Mr. Con-
h y of the C. li.&Q. vs White, White
was taken sick the next day after ho
joined the association and the ques
tions in issuo relate largely as to
whether he had ever become a mem
ber of the association or not. and irr
which it was hold by the court that
White was a member of the associa-
tron, in as much as the company had
deducted 1.10 from White's time
check for dues to t he liuiiington Vol
untary Keliel Association. While
W hito was wick, the .company sent to
in 111 a "lime coeck tor 1.10. tho
amount which hud been withheld as
dues to the association. White r
fused to accept, this time check. A
few hours inter White di id. As any
one wili a liuit, Wiiite by the payment
of the SI. IU had become a member of
Hie association. Had White been killed
in a railroad accident, through neglect
or the employes of tin; railroad com
puny ,' thereby making tho comoanv
liatde for damu'os. it H certain that
too company would not have been t ry
iug to show that White was not a mein
ber of the association, but as tho
cause ol Whiles ocatn was sickness
for which tho company couid iu no
way li:) held Iiahle for oamage they
made an effort to escape the payment
of the death beucMt, which they had
contractu 1 to pay. Tho oaso hjis noth
ing m common with tho Wymore case.
The cas) of the (J., li. & (.. vs. How
ard, about, which Conley says so much,
JopciKJml entirely upon thy facts m
the case as to whether or not lio ward
had ma le tho throats and was negli
gent himself or not. A jury iu tho
case had decided that Howard was not
negligent and that tho company was
liable, it is our opining that tho jury,
having seen all tho witnesses and
heard the testimony in the caso. could
givj a latter verdict as to whether
HoWard was negligent than could a
court that had Keen none of tho wit
nesses and heard none of the test imony
and had for rel'erenco only a written
report of tho proceedings-of tho trial,
t'onley says ifoward wur negligent.
Twelve men. under oath, had given it
as their judgment that Howard
was not negligent. Tho voters
of this state may believo which thev
llOOHO.
la the ('., li. .V O. ca-e r. Land.iuer.
tho case in reported at length in the
Supplement, and as in tho Howard
ease, twelve men had doomed that tho
conductor and b.-akemeu, employees
of the raibi'ad c unpauy, were careless
in I iicgh.'ont; had not stopped tho
train a siiflicK.Mit; loiigth of timo icon-
ideiieg all the- circuinstancei, tho
:rowded conditio:) of tho cur, ef..?..) to
illow -Miss fiaiehtuer to loavo the train
oi saiely. 1 tn;y, is aoovc, haw tho wit
ness , near I the I c.itinion v. and irave
heir i-worn vcrdh't. TIiIm again was
versed by Norviiland Post. Jul jo
Maxwell writing a (tiseiiting opinion.
irt of wirth appe'irs in tlio Supple
ment. It is easy for Mr. Conloy to
state that, "the undisputed evidence is
that the usual stop was made; tkat the
it her puseng rs lor the station had
lighted, etc.". but when thinking pco
le consider that Conley s statement, :
ma lo six years alter th.i accident. I
might not be as accurate as the npin
011 of twelvo men, ivcorded khortlv
ifter, with a full knowledge of nil the
ircunist nice in the case, further re
mark will bo unnecessary. This re-
ersal saved the company t3,(KHi.iX'.
Wf.OTK OXK WAY-IUXIliE I) ASOTII Eli.
The facts iu the ease of tho C li. .t
O. vs. tirabb'n. 5W Neb.. 00. are unito
fully set out in tho Supplement. The
ourt reversed tho case, because tho
ourt below had admitted testimony to
show "that if tho enyineer in charge of
the locomotive had been observing a
proper and careful look-out, ahead, he
tould Irivo seeu the boy 111 time to
have brought, t ho train to a. stop before
reached tho point where the boy
was." If testimony of the character
b rre l to could not bo admitted to I
the jury, how would it bo possible to.j
how that thn entrineer was aslcp as
eferrel to in tho .Supplement? Jt
sucti testimony cannot be admitted.
tliere is no way to show that tho lie-
ident was tho result of neglect of tho
engineer; Later on 111 the opinion
ippear the statement quoted by Mr.
onlcy. It soem Unit the court had
"come asiiatued id what they had
no and tried to 1 lauiif.icturo a hypo
thetical case where a railroad mLdit
' guilty of neglect. Sulllco it to say.
such a case never appeared iu the
ourls yet I
Jii t In- case twelve rrion had 1:1 veil
their scaled verdict that the employ ees
the riilrui I company were negli-
it. Mr. Conley assumes that thev
gent. nr. i;oniey asumps tnut iiicy
wero all wrou. . !
w s Tin; PI'HY l Tlld vl
lu th- cose of Morrisy vs. C. Ii. A O
railr.uid conqHiny 'M .l Id 1) re;
slreis is I d I by Mr, (uib-y upon the
find that .liidgo ."ilaxweli's dissenting
opmi. 11 w is not tiled unttt some liiim
ritler th : icgul ir npiuiou of the court.
tVi hup th j.idg n UM. Pi rhaps
In' was busy at other I isi;ie. M uy
I tit iiw's iiiigltt- ari- lui'um (hi ibd'iy.
ills d;ss-iitiug cpim 111 m not inrl
ri il to ihodi i'ishtti of tim pourt, as two
of I liu'll li t I ns'rerhl all I lasdil the d,
ciseoi, and It Is allow.',! lo j idifes n'llj
as 11 lotlti r of record, thut Ihey ;ny
Co
Bankrupt Merchandise.
refuse to bo parties to such diabolical
acts as those in this case. The opinion
is of record and will bo there a long
as time.
Tho case was where tho railroad
company had built an omhaukunut
without opening? and allowel witter to
dam up and flow across a man's crops
and destroyed tho crop, without pay
ing mm any dam 130. 3o the supple
ment under title of "Uailroi Js Can
Destroy Crop."
wirn and without maxwell,
The chso of the Omaha and Republi
can Valley Kail run I Company vs. Clark
(.! .eo.HoJ and S) Neb.0.i)was decided
while Maxwell was a member of the
court and tho opinion written by Max
well awarded Clark l.KTi. After Max
well had left the bench a reheariug
was allowed and the caso reversed.
Conley or his assistants make a grave
misr.ako in saying that the rehearing
was allowed while Maxwell was him
self a member of tho court. This is
not correct. Had Maxwell been 11
member of tho court at the tune of the
last decision he would have writton a
dissenting opinion. '
A fllii VL'KPICT Sl-T AslPi;
In Conley 's letter it is stated that la
t he caso of Krb vs lOggleston 11 Neb.
8d0. that the facts were that the brake-
man "gave 110 signal after ho fell" etc.
The brakemau hims.df at the trial h id
testified that ho hal given such a sig
nal. Conley whs not present and how
ho kuows there was no such sitrnal
given is a little ditllcult to understand.
J lio testimony m the case was long.
many witnesses, cross-examination se
vere, and at the end of this examination
it was submitted to twelvo man to sav
whether Kggleston gave a signal or
whet her ho had been negligent or not.
liy their sworn verdict they found
practically that he had been quilty of
no negligence. That ho had been a
faithful employee of the company, and
estimated tho value of both the brake-
man's arms at $MJ000, and brought in
a verdict for that amount against the
company, hut their verdict amount ed
to nothing for tho court set rt aside.
This much Conley nor any other man
can deny.
THE TIGHT ttOCU HW.
Concerning the eight hour law, case
of Low vs. Ilees Printing Co, great
stress is laid upon 1 ho fact tint the
refusal to advaneo tho caso on the
dobkot for hearing is entered there iu
Jucgo Maxwell's hand-writing. Any
person familiar wrth tho court well
understands that it makes no differ
ence wdio eaters tho verdict of the
court upon tho docket or w hoso hand
writing it, may bo in. Tho question
was. shall the caso b advanced? Max
well voted to advance it. The other
tw) voted not to advance it. It then
became Judge Max a ell' duty, as
Chief Justice, toenter upon tho docket
that tho case was not advanced (the
majority of the court, having so de
cided.; Ifddid so and it stand today,
but it was over his objection.
The cc.se of the C. li. & Q vs. C ich
rau (12 Xeb. "HI), where Mr. liigncll
wrote a letter, was simply .1 matter of
evidence as to whci.her or not tho let
ter was po.sted in nillicient time to
reach Cochran to allow him, to report
for duty Monday morning. The evi
dence i:i the case showed, according to
the verdi'jt of the jury, that the letter
wa not delivered until twenty-seven
hour after he w:is required to report,
and sine he did not kn ov that he w.u
wanted Monday morning it, was not
negligence on his part not to report
lor duly, as required in the letter
which hs had not yet received,
This
i-; idain to evervone.
Concerning the number of casstha!
have b.ion decided in favor of the rail
road company and rgaitist tho pe ;Je,
we think sullicient has been said in
the supplement. This is merely a
matter of numerical calculation. Take
the reports and count tho cases there
decided count the uuinbor i:i favor of
the company and the number decided
for the people. We have -(riven the
figures in tho supplement; have exam
ined them and Mud them to be correal.
We publish iu the supplement, a clip
ping from tho Lincoln Kvcning New,
a U publican I'm per, under tho title of
"Appaliiug Figures.' showing tho suc
cess of tho railroad company diirinir
five years, from I8S1I to IS ,)4. This list,
1 was prepare I by one of tho ablest and
most popular icptihlicau attorneys iu
tho city of Liuooln mid tniblishel
more than a year ago, wlcn there was
no Judicial election before tho people.
We refer Mr. Conley aud his assistants
to this article and ask them to count
and future for themselves the percent
age of cases won by the company and
tho percentage of victories for the
people and nisi filrukite the nm nut
of damages inv irded against tho com
puny and tho amount saved to the
company by I In, decision in fh su
premo court. They will Unci that iu
live years, twenty-one cases, tho C. It
At,) paid 1 1 in d unities' Faery state
ment in Ihe olli inl record or supple
ment, barring typographical errors.
Such, for instance, as referring to
' Ju lue H.imer 11s Judge H liner, w.j am
ready to defend.
1 ", invite comparionv wdh the
!!'.""rf W' "' 1 ver.b.-u frmo
the people
It would His-iu that men wiio huve
Iteen ciindid ites bi-fore ji li.-kit con
venli ill (ill I bred di teat. ! have Hoar
si ns' of rieht an I .) 1 - - ih i'il. llv
blunted. P.rhnp it Mr. C jd hat
r.i.ld tho letter I 1 fine sik'inii,' il ael
taken 11 few minutes to comii.ii n p with
tint llJllchll report hn to.ld III hue
l'fii gudt) ol i' ti a pt sua pti .
B.,
He would I1.1t known t bo t H,.. p, .
jdo rf thn fciul'i f Nt-bfah i atu tn
intelligent nm) well potoJ to bo de
ceived in siichh minn.er.
Yours t ruiy,
l-'!:tk I). IYU-.HJU
Secretary Populist, Slate Central Com
mittee. Following tho Conley letter in their
Circu nr appears a certili -ate (mere
statement) of the clerk of the supremo
court, who would probably have lost
his position if ho had not made it.
i'his certrliotfe, w hile technically cor
rect, is very misleading. It makes a
statement concerning the opinions
lUM by Norval, but. does not include
those decisions tbaf ho coiicunvrl iii
which were just a much his decisions
as though act tmlly punned by himsidf.
As explained above, iu letter to In'
di'jK'iKk nt, before an opinion becomes
a decision of tho court it must bo nub
mitted for correction and criticism to
each and every one. of tho judges.
Following this is a wishy-washy
editorial from the Pawned Iuiiueu.U--cut.
which being pai l for, is not ger
mane to this discussion.
In (dosing wo wish to say that we
also as!t lor lair play. Tall tht truth.
Judge Maxwell was two years ago
turned down in a convention paoked
by the inilro.id companies to defeat
him, because lie, was too honest and
too greai to bo uel by them. The
popleof tho si.ato should right, thai
wrong. This is not a partisan liuh'
out an eiiors to rescue our courts
from railroad domination.
The enemy c ount attack our can.
didate. Tiiey are forced to defend
t heir own, Tho record is against Uysru
and they i.Miinot deceive the people,
either by circulars or by sending out
articles signed by small-bore at
torney. We ask alt voter of the
stat'i to uphold honest government
by placing back on the supremo bench
the able, famous and foarles jurist,
Hamuel Maxwell. Our motto: Kqwil
it y before tie law:
J. A. KiKJicicrnv, Chairman.
I'll ax K D, K ao i;it, Secretary.
A Few Things They Forgot.
To explain why tho railroad author
ities are so anxious to havo Norval
elected.
To state that Norval's opinion In tho
co-io of llojd vs. Thayer was revorsed
in tho U. s. Suprem-j Court, and that
Maxwell's dissenting opinion was sus
tained. Which is the abler jurist?
Whs Maxwell "honest" or dishooest
iu this decision against his own party? '
j o explain luo robbing at tho nca-
itentiary and asylum, whore Norval
held that such acts wuro "not a mis
demeanor iu office."
To explain who it was that defeated
Iho maximum freight rato Jaw in tho
Supreme Court in t he interests of tho
railroad corporations.
to explain too caso entitled ''A
Farmers I'Jxpericuoe."
To explain tlio article from the I've
ning News (republican daily) entitled
"Appalling Figures,' published more
than a year ago.
To explain that. Hilton, the ex-oil
inspector's still (S,0J) short in his ac
counts. To furnish a fe,v figures ou tho ap
propriation ni.ido by Iho last logisla
Into, and many other aril sundry
thiugs teo numerous to mention.
IS HE A TRAITOR ?
!A L -'.It r from It'. tmn llmna 1
Tiie following letter rotne froar Pttvaeo
t-ounty. thij hot!!.) of Kr. H T. I'oaley. It i
seif-espkinatcry and showa tiie fualing of iha
Populists to jvariz him in hi i owu fliiitnct.
luu ion iiit;r!:M)t:N i'.
Hear sir: You doubt 'e.-,:i have seen tho
lefer of II. JI. Conhy of Pawnen City
regantingstatc supreme com t decisions.
It may not bo called unfair lo tsay
that Mr. (-onlcy, w h ie claiming lo io
nn indpeiident, takes miduo interest in
his friend, Judge. Nerval, and whilo de
fending him itas s'une a.'gniii-nt that,
he condemns m the AJ.ixwell Bupple
ttiC'if. For iristance, Mr. Coulcy was a caridi-
ditte for disiricL .judg-: before the popu
list contention of tlos.th.! FirsldiMriet.
mil might we not as well t;.jy that his
support ot Norval was cuu-ol by his
tanurt? to receive trie iiomuiatioti. as for
him tochaigc Judyc Mnx veJi f ;i((iug.
mg his court otcicout; Iwi auss he faded
to hecure a nomination ';
A carotid studv of Mr. Co .ley's totter
will dhow it full of c.nis.'s fi- Judge
Norv.il's opimoiis when they were
ag iiiisl a conuit on (i!i: cu, while case
of thesta'e are oven i-iked. ni l it makes
the tthole appe ir lo have; ocen CJrelully
prepared with a hop;-of its aec 'tibibility
oi: fiMtiiid ih.it: n i in mated from a
populist-, w h of Co.usi, on i,u ;ii occa
sions is tub j conoid' red honorable and
tllllldlll.
Mr. Coidey ha-, been a rcidoit of oip
county aliotit one ye v. Is resjiwjtt ii
and is building uu a good Ijw pr.iciice.
yet. while ah g te him ihe rmht lu nop
port b'l oilicc any one he may choose
none hut., cji ixcatinn tools consulur hth
letter a siinou pure individual jnodue
Hon. Vhen i 'orpora-'jfiiis sen iheir
cli.llin' of Kliccim he'-oinoig tilim they'
usual!) liud Sinn,-o'M'' triend t.nooaU
tvholi) tle t CHI n r. i the cnrie. ll, tlil'V
f ilim.diMg all In". ev;,) In illrr for hii.'li
C ie,.
As II p'lb! rher ) ri Mill letcl III.
Ililin) iii leiisf M'i IoiFi, )i t, through
Mi'ir V lllul I" p.l I "l - lne-..el il be
e I to as- pi mdy tic ol.j :. O.i i tlioi.,';
.ill ttellKitoWll.nl the liutisi s ar ) I i
Mat will, v. Id!c I tic rot p n.ioii iii.i f,,
Vi it il.
II 'ptllg t'l.-ta" :-H, Ci'-. of .1 pi I'.fHlc'
IS JUSt a . Is I l i' I peoj i i'ii, kiii
lions, I iitii b i M..we;l, mid ,i!i u
wi n li.it i wiio - i d 'n In ilocuii uu ,
will Iii it- li l boon. !i,i!.j,n! i,r i.,i;i .
le II Jml,fi .
. C. s,, i .t '. , , iVt, Neb,