V
THE NEBRASKA INDEPENDENT.
Dec. 3, 1896.
ROCK
f.::il Orders Filled.
' f- J n- 1
1 r it 1
1 rn-.-trinrri t 1 vr
Ss:J Us a tail Orra I V
.fcH'- if"
M$Pi 1
We' will put on ealo this week a line
of Bockcrs for our Christmas trade. We
will offer great bargains and you can
have goods cat away. We will deliver
them Christmas.
1
Freight Paid 100 Miles on Any of These
Rockers.
(01 :i
I V V 1 1 I
r - v
C3.25
Boys 70a this Extra Large and Heavy
Gentleman's Booker. Just the thing for
your husband's present..
mm
Our Christmas
Roclier Calo Will
Pleaco You.
$2.5C
Ii our price on this fall Spring 8eat.
Oak Frame Rocker. A good thing and
worth more money.
Made without pad in back.
01.05
SEND US A MAIL ORDER.
f . -
05o
Wood Seat. Shewing Rocker. Strong.
The best value we ever offered.
$3.50 ,
Fall Upholstered Seat, Arm Rocker,
Large Size. Oak Frame. A strong,
comfortable article. Order one. .
Made without Dad in back.
Don't LIi3
Our Christmas
Rocker Sale.
Satisfaction Guaranteed on Mail
' Orders.
lit
$2.50
This ia our leader. Solid Oak, Cobbler
Leather Seat Rocker. ' A docker worth
easily f 3.50 of anybody's money.
(UQi
1124 O Street; Lincoln, Neb.
$3.00 , .
Anting nk. CnhhW Seat Rocker. We want you all to see our Cobbler
Large wood Seat Rocker. Very strong. Nicely carved back. An extra good Leather Seat Rocker at , - -
2xtra good value. Very comfortable. rocker.
$g50
03.75
$1.50
Extra Large. Gentleman's Rocker. Solid Oak. Cane Seat Brace Arm
Very strong. Will last a life time. Rocker. A very good thing.
WISTILiEilll?
Causa Cone Perplexity as to What
Hay CoxzUtuts Dae Process
- - - - . - of Law --i
LLUV70OD ELEVATOR CASE
rsrl Court Empowers Railway
Companies to Discriminate
Between Its Patrons.
And Control th Grain Trade.
The decision of the United States iu
preme court in the Elmwood elevator
ease gives rise to some considerable
speculation as to what constitutes "due
process of law" in the opinion of that
court. This suit was brought by the
farmers' alliance of Elmwood before the
state board of transportation to compel
tiie Missouri Pacific railway company to
allow the alliance to build a grain eleva
tor upon the property . of - the railway
company to enable the members of the
alli&noe to ship their grain to the world's
markets without the intervention of the
grain dealer.
It appears from the findings of the
secretaries of the state board of trans
portation that there were already two
elevators at Elmwood located on the
railway property, as well as a number of
other buildings for shipping and storage
purposes, all owned by private parties.
The evident purpose of the petition from
the farmers' alliance at Elmwood was to
enable the members of the alliance to
ship their grain without the necessity of
dealing with the owners of the two eleva
tors then existing.
The petition for the elevator site was
denied by the railway company. It was
claimed that this was done in the inter
est of the elevator owners. The petition
ere appealed to the state board of trans
portation, and after a hearing the board
found in favor of the petitioners. Sinoe
that time six or seven years ago similar
nlnjthave been reached in other caeee,
and a number of eases are now pending
on crpeat to the federal supreme court.
These findings of the state board were
Eire J cponx what was presumed to be
4?t rroorta cf law. The legislature ot
I.'.Lia had enacted a law creating the
state boaH of , transportation and em
powering it to select a state board of
sswtnrten. The. law set out in specific
iiizll tie powers , and duties of this
board.' i-'.. .
Among ts provinions of that act
ocs' resuirifi? railroad companies to
toLUli eual faci-r o Iti rtross. It
trrx "iit it tyi zzll fcr
any common carrier subject to the pro
visions of this act to make or give any
preference or advantages to any partic
ular person, company, firm, corporation
or locality, or any particular descrip
tion or ;traffic, in any respect whatso
ever, or to subject any particular per
son, firm, company, corporation op lo
cality, or any particular description of
tramo to any prejudice or disadvantage
in any respect whatsoever. Every com
mon carrier subject to tne provisions oi
this act shall, according to their respec
tive powers, afford all reasonable, prop
er and equal facilities for the interchange
of traffic between their respective lines.
and lor the receiving, forwarding and
delivering of passengers and property
to and from their several lines and
those connecting therewith, and shall
not discriminate ia their rates and
charges between such connecting lines,
but this shall not be construed as re
quiring any such common carrier to
give the use of its tracks or terminal
facilities to another carrier engaged in
like business,"
The act goes quite extensively into de
tail to prevent discrimination of any
sort between patrons of railway lines.
It also provides penalties for violations
of the provisions of the law, and pres
cribes methods whereby those deeming
themselves aggrieved may find relief.
Any person or persons claiming to be
damaged by any common carrier may
either make complaint to the state board
of transportation or bring suit to re
cover damages in any court of com
petent jurisdiction, but cannot do both.
'ibe law further provides mat tne state
board -of transportation shall have
authority to enquire into the manage
ment of tne common carriers and to
thoroughly investigate all complaints
against them. It prescribes the manner
in which complaints shall be made, and
all the proceedings snail be bad. and
declares as follows:
"That it in any case in which an in
veatigation eh all be made by said b oard
it shall be made to appear to the satis
faction of said board, either by testi-
uivuj vi nuuvegct vt viuu v w iuouW
that anything has been done, or omitted
to be done, in violation of the provisions
of this act or any law cognizable by said
board, by any common carrier, or that
injury or damage has been sustained by
the party or parties comD aininir. or bv
other parties aggrieved in consequence
of any such violation, it shall be the
duty of the board to forthwith cause
copy of its report in respect thereto
to be delivered to such common
carrier, together with a notice
to said common carrier . to
csase and desist from such violation, or
to make reparation for the injury so
found to have been done, or both, within
a reasonable time to be specified by the
board; and if within the time specified it
shall be made to appear to the board
that said common carrier has ceased
from such violation of law and has made
reparation for the injury fonnd to have
been done, in compliance with the report
and notice of the board, or to the satis
faction of the party complaining, a
statement to that effect shall be entered
of record by the board and the said com
mon carrier shall thereupon be relieved
from further liability or penalty for such
particular violation of law."
The act further provides teat in case
a common carrier shall fail o refuse to
cosrly with the order and ncrJce from
t s t c - r 3, tie latter saau at ooe pro
ceed in the courts to enforce compliance
with its order. .
It is urged that if the proceedings de
tailed in this elaborate act do not con
stitute "due process of law" it would be
difficult to imagine what . can constitute
such due process. It is further urged
that this decision makes it possible for
railway companies to discriminate
against patrons in such a way as to con
trol the grain trade of the state at will.
When the case came up before the e
braska supreme court Judge Maxwell
said in his opinion that he thought the
power of the board bad been pretty fully
determined in the case of the state
against the railroad company in the 23d
Nebraska He held that if a road grants
such right to one or more persona it
must on the same terms grant a like
right to all who in good faith apply for
that purpose. Be argued that if two
elevators are sufficient at any one point
it might as well be claimed that two
grocery stores or two dry goods stores
were enough for any one village. He
held that elevators were a part of the
system for the transportation of grain
and produce and come under the head of
facilities furnished" in the act of 1887
and questions relating to them are
placed under the control of the board of
transportation.
See change from private to two public
sales of Poland China swine in the ad of
J. V. Wolfe and eon, and don't forget to
attend one or both sales. If you attend
one you will be sure to attend both, as
they will be crackers. Don t forget the
dates, December oth and 2SHb.
Hotioe of Incorporation-
Notice I. hereby riven that articles of Incoroo-
ratlon have bean Sled In th. office of the county
clerk of Lancaster eonnty, N.br., according to
to. statutes of Nebraska, a follow;
1. Name, Central Land company.
J. Principal nlaee of bnalnma, Lincoln. Nebr.
S. Natnr of bnslneas to be transacted: To bay,
hold, sab-divide, plat, sell and convey, mortgage
and encomoer real estate, to oorrow or loan
money, to boy, hold, sell, transfer and assign all
kinds of real, personal or mixed estate in all law
ful ways, and to transact such other business as
may be auxiliary tnereto.
4. Authorised capital stock, $25,004, to be paid
in inch assessments of snch per cent and at such
times as shall be ordered by the board of direct-
ore.
S. Commenced bnsinesa October 12, 1800, and
continue for twenty years.
. Indebtedness not to exceed two-thirds of
eanital stock.
7. Baslnees to be conducted by a board of di
rectors. Officers shall bs president, vice presl
dent, secretary ana treasurer. y t
KgypraviosMnffW-MWI-qr MMhlM
DMBt. .nd Mr.nU.d for 1. .mm.
ThU .I.K.DI Hl(h-Grd. FoMIf T.kl
CbiMt Ojford Stwlu MMhBMMMIt
vnonkonMoeSDAVS FKEE
TKlAL.Miim.r nqolraeia tdTaim.
U.lW no. la aw. WarM lair Mttmt
.ar4L Fnlfhl ChuM Bate. Bar
frnai fatorv an. aim D..!..1. aa4
AffMt-. fTDBK wnw lor rr. catalog.. AIMrMt
oTrOKIt HOSE. Cit.. Ml watoei a,, CHKaiMi.
"r.istiii" i
l-'cntcd tn Idea
Who eaa tttrti
ot some eUQpe
thinf to patent!
newt, Vaaul-Mtoa, D. c-for
aaaum
I of two batuirsd la'
ttMtir (10 prtae
ivaaUoas wanted.
Hit
Arm-
r
TOT IT FuSE
for M day. In yonrown home end
saTeftetosw. .aiiai
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Wj , Rnaw. by ui) fS, Stt.JO. Ill
7 ' 2 I sMtToW style AM
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HERPOLSHEIMER & CO."
3E3EolidLsir (3-oodLiS 2
NEVER
In the Big Store's histojy has such an enormous stock of Holiday Goods been
gotten together as will be on exhibition from now until after the holidays and
never were prices so remarkably low on these goods. Almost 20,000 square
feet of floor devoted to Holiday Goods. We bought everything direct from
the makers and in such quantities as only the Big Store can buy. By so doing
we are in a position to sell goods at about regular wholesale prices.
NEXT WEEK
We hope in earnest to make this the greatest output of Holiday Goods we have
ever experienced. Despite the fact that we are closing out regular lines
very rapidly the Holiday Goods that arrive daily in such quantities fill up the
space with wonderful rapidity. ,
Xmas Dress Patterns
We hare purchased a beautiful
line of Dress Patterns in novelties
and plain goods, black and col
ored, especially for the XmM
trade.
These patterns come in 7-yard
lengths, ribbon banded, neatly
rolled on boards and ticketed
"Christmas Dress Patterns."
Prices: upward, per pattern, from
01.76.
Japanese Goods,
We have just opened the largest
and most complete Japanese De
partment west of Cnicago. The
goods are all imported direct from
Japan and were bought so that
we can retail them at Prices that
would surprise the Japs them
selves. :
SILVERWARE.
Fancy Silverware plated Spoons, tr
each ..:. .....Ot
Triple plated Cups, band- 0C 0 All
' somely engraved...... . w w Ct I W
Four piece, tpiple plate tea
set, handsomely en- Ijal. 44
graved, spooner and V
creamer gold lined.......
Sterling Silver Thimbles, reg J fg
lar price 25c; our price..... 1
27c
SKATES
Men's and Boy's steel Skates,
par pair...... ...... .................
Men's and By's extra quality Qp
steel skates, per pair w7U .
Men's and Boy's nickel CI 0?f
plated steel skates V A 0
Ladies' and Misses' steel skates, AQ
per pair.,
Ladies' and Misses' extra quali- f
ty steel skates, per pair 111
Ladies' and Misses' best 1
nickel plated steel Q J ,87
Toys and Games
Space would not permit of us
mentioning the many things in
this department; ia fact a large
book would be required to convey
even a faint idea of the immense
assortment. All the cheapest, the
medium and the most intricate
mechanical toys are to be fonnd
here. All the newest and mos
popular games of every descrip
tion at prices equalled by none.
To appreciate our stock you
must see them.
Cloaks and Furs
We carry the largest and most
complete line of CLOAKS in the
west, and for FURS of every de
scription our lines areunmatcha
Don't Fail to Visit Dolldom, our Toy Deportment.
HERPOLSHEIMER & CO. ; "