mm
The Wealth Makers and Lincoln Independent Consolidated.
VOL. VIII.
LINCOLN, NEI3R., THURSDAY, March 25, 1897.
NO. 45.
J
r
i
EGISLATUHE TO ACT
orernor Eolcomb Sends in a Spe
cial Message Concerning the
Recount.
IS A MASTERLY DOCUMENT.
Advises the Legislature to Take
Charge of the Matter and see
To a Becount.
tiros Irregularities t'nearthml,
Last, Wednesday night a house com
mittee took charge of the ballot in the
recount case and bad thorn locked up fa
the vault of the secretary of state.
'The next morning Governor Holcotnb
sent a filial message to the 1 glslature,
which it a fair and full statement of the
entire mutter in controversy. Following
U the message in full: ,
Kxeeutlv Chamber, Lincoln, Neb.,
Jimrah iS.-To The Legislature; Recent
vents, of such unusual character, f row
ing out of the act of the present legisla
ture providing for a mount of the bal
lot tut at the last general election rel
ative to the amendment to the constitu
tion providing for an increase In the
number of supreme court Judg-es, seem to
require from me a communication re
peetlng this subject.
It wss obvious to all who had given the
subject consideration that the vote on
the constitutional amendment submitted
to the people at the luwt election, ae re
turned and ounvasscd, In the light of the
construction telven by the supreme court
te the constitutional provision regulating
amendments, as to the number of votes
necrssary to adopt an amendment to the
fundamental law, required that there
sliould be a full ascertainment of the
truth touching the voice of the people
upon thaee important question,
immediately following the action taken
by the legislature to determine by a re
canvas the number of votes actually
cast for and against these several amend
menu, and the number of votes cast for
members of the legislature, a determined
opposition arose from curtain quarters to
any aetlon 1 oklng towards an inquiry In
to the voU cast on these amendments.
When, by the action of the legislature
provisions were made for a recanvas of
the vote of only the one amendment, and
that by a commission of six resident free
holders to be appointed by the governor,
from three political parties, not more than
two of whom should be selected from any
one party, this element of opposition
seized the opportunity of obstructing fur
ther proceedings under the act, which had
In all respects been passed and become a
Jaw with all the sanctity of any law upon
the statute book, by b. resort to the
court for the purpose of defeating the ob
Jecu sought to be accomplished by the
measure.
No sooner had the bill become a law
than application was made In two differ
ent courts and before two dllTerent Judg
es to prevent further action by restraining
the sending of the ballots to the secretary
of state, as required by the terms of the
. act. These two effort ended in defeat to
those who thus sought to nullify the law
and defeat the will of the people a ex
pressed by their duly elected representa
tives. The ballots, poll books and other in
formation mentioned in the act were by
the several county -Ierks transferred to
the custody of the secretary of state, as
therein provided, where they have since
remained.
A third effort, however, wa made to In.
terfere with the work of the commission
and prevent a recanvas of the votes, and
this time with more apparent success, liy
an action brought in the name of the
people of the state, yet for the purpose of
preventing an expression of their will, it
is sought to prevent any further Inquiry
Into the subject. The action brought in
the last Instance involve no prlvato in
terests or privet rights, but effects only
the people of the entire state. Notwith
standing the refusal of the county at
torney, an officer representing the state
to prosecute such an action, he was di
rected by an order of court, compelling
him against his conception of public duty,
1 to Institute proceedings in the nature of
quo warranto, ostensibly for the purpose
f trying the right of the commissioners
thus appointed to exerel the duties Im
posed upon them by law, but in effect by
the use of the writ of Injunction prohib
iting the further counting of the votes a
provided for In the act referred to.
Viewing the matter as one of grave
public importance, and one In which the
constitutional rights of the cltlaens of the
state to have their voices heard and their
wishes made known In all elective ques
tions submitted to them, I formally re
quested the attorney-general to appear in
this case on behalf of the state, In order
that the law might properly be enforced
and justice fairly administered, This au
thorization was under a plain provision of
the statute, the right of which had never
before been called In question and which
had been asserted by both the executive
and former legislature in different In
stances and upon all proper occasions, The
request of the executive to have the at-torney-gciierul
appear In the ruse, involv
ing as It did great public Interests, wa by
the court disregarded and hi" right to
appear on behalf of the state denied to
him. Vet Ml the same time the case
Stents to have been Instigated ant1 was be
ing conducted by private attorneys rep
resenting no uther than private or parti
san interest or inlluences, l. tiller than
I ho t'hoselt represent a live Of the puo-
pie.
Tha holding of I lie cutirt In this respect
nullifies eiitmly thu piiivlluii of thu seo
Hull of the sliituie it fi l e ihI to. It pre
vents the ettmnuy geurrt from appear
ing III any i4u whelm Hut public- Wilf.ue
l uiand )il appeal inn In the courts to
luko iluilo (if I he InleiuM of thu people.
H t.Ubliahes a precedent which, puiiiup,
Is but pitting the way for wresting from
the attorney sin.lsl I lie luiiiiul of ulhtt
out Pi. his Hi, and in i uiuempkihiu of
llng biuusht, In the iih of Hi state
for iti inirpi.se of lecwveiliig (iioiu-v dun
to the ) and of punishing publiu olH-
l.tls for violation of the law while in pun.
Pi: utnes, i'y the coitKii't'itluit gtvtyi this
nll.ili of lbs lUluUt, IllStlel of fcUvtul
puth i coitiutit. where the state l a party
la ini.im, mutt be left under the
control of the load authorities or, per
haps, In the hands of private parties with
only private Interests to subserve who
profess, as in this case, to appear pro
bono pabllco.
In order that there may be no question
respecting the right of the attorney-general
to appear In any case when requested
by the executive or the legislature, I
recommend and urge the necessity upon
this body of so amending the scion of the
statute referred to, being section 1 of
article 8, chapter 12, compiled statutes of
Nebraska, 135, th4 it may be made so ex
plicit and certain that no court would
have any pretence of authority under It
to refuse the appearance Of attorney
general In any case when properly author
ized where the state Is one of the parties
to the transaction. The attorney-general,
with whom I have conferred, shares with
me the views Just expressed as to the
necessity tor the amendment of the stat
ute cited. .
Hy combining the extraordinary writ of
Injunction with the petition of quo war
ranto, the commissioners appointed to
canvas the vote are restrained from pro
ceeding further. This, In effect, sup
presses the will of the people as ex
pressed at the polls, and while the action
nay be clothed in the garment of a pro.
ceedlng In quo warranto, the object
sought, and which I being accomplished,
Is the stifling of the truth, which is
doubtless the desired end of those re
sponsible for the bringing of the action.
It is an incontrovertible maxim of law
that every intendment and every pre
sumption 1 in favor of the validity of all
acts of the legislature. This well estab
lished principle of law seems to have been
entirely Ignored, and a solemn act of the
legislature set at naught as though trivial
in its character with apparent little or no
consideration or Investigation. The ple
nary powers of the legislature to enact
all needful law far the protection of the
people, circumscribed only by the provis
ion of the constitution, should be guard
ed and respected by all. This power can
not rightfully bo curtailed or Infringed
upon by other branches of government
without violence to the letter of the con
stitution and the spirit of our political
lnsltutlons.
The supreme court of this state has de
clared emphatically that an Injunction
Issued to restrain an officer from perform
ing the duties of his office was absolutely
void, and condemned In strong language
the use of this extraordinary writ for
such a purpose. The assumption seems
to be, and It Is the more surprising, that
It should have advocates among men of
Intelligence, that the legislature may not
by suitable, law provide for the ascertain
ment of the truth regarding any matter
affecting the rights of the people. There
Is not, In my Judgment, a line, word or
syllable In this act which In any wise
conflicts with any provisions of the con
stitution, It Is a separate and Independ
ent act providing not for the canvas of
vote generally a t each recurring election,
but the recanvas or recount of the vote
cast upon a constitutional amendment, at
the election In November, JHOfl. There is
nothing In the constitution to prohibit
this. If any reason exists demanding an
Inquiry In order to ascertain the exact
condition of the vote of the pecpl on any
of these question, the legislature 1 In
duty bound to provide the means where
by It may be accomplished. This they
have (ought to do by the term of the act,
the operation of which 1 now luspended
by the proceedings referred to.
It Is apparent by the count of the bal
lot thus far made that grave Irreguiaxi-
tlcs exist and that full force and effe-,
ha not been given to the voice of the
people In this instance, and the people
have the right and demand to know the
truth in regard to the matter. There
is no charge nor Intimation that anything
Irregular, or any act otner the that
which would fully conserve the right of
every citizen of tho state, has been taken
by tho members of this commission, Their
Integrity and ability are above question
by all who are disposed to have due re
spect for the right of other and a prop
er regard for the Integrity of mankind.
If any of the amendment voted upon by
the people have been adopted under the
construction of tho law given by the su
premo court, Justice to all demands that
this should be ascertained at the earliest
practicable date and so declared, and If
not tho truth should be known and the
controversy set at rest.
It would seem that some further action
on the part of the legislature might very
properly be taken In order to speedily de
termlno the truth regarding the vote cat
upon thpse amendment. If the leglsla
ture deems It advisable to so net, I re
specllfully recommend that by suitable ac
tion, In Joint session, or by Joint resolu
tion or otherwise, a committee bo selected
and that the legislature take the matter In
It own control, where It seems to more
properly belong, and determine from an
examination and Investigation what is the
truth respecting the vote of the people
upon this subject, and that such commit,
tee report to the executive and the legis
lature the result of the Investigation a
soon as completed.
(Signed) BILAS A. HOLCOMB,
Oovuruor.
IlEDLVND CIIAKGKK FHAUH,
Write s Letter to Governor Holcomb In
Whleb lie Claims Ituttennes.
Lincoln, Marcu 19. Tha following
la iolf-explanatoryi
LINCOLN, March 16, lS97.-Hon. Silas A.
Holoomb, dovernor Sir: On the 25th day
of February, 197, I wa appointed one ol
the members of the board of canvassert
under the act approved Februury 20, 1897,
providing for the recount and canvass ol
vote oast for the constitutional amend
ment relating to the Increase ot the num
ber of the supreme Judges,
On the first day of March, lKr7, tht
board, consisting of six members, with
the secretary of state ex olllclu, entered
Umii (lie duties of Inspecting and counting
in ball ou and ciuvHliig the returns of
ih volt cast for and against said amend
ment. ,1. N. Campbell of Nance county
wa nude chairman of the board.
The principal work dona by me has been
keeping the tally list. The opening of the
ballot nnd the calling crT of thn vole fr
and aiiatiml the amendment has hvi 11 per
forn ed by other members of the lioard.
Va have i4iiV4'd the votes of forty
one eountli, couilalllig uf lUnilfl, IPalne,
It i lluitti, Iti'uwn, Cid.tr, t'h.i-e, Cherry,
lukuia, lbui.lv, I'rontlfr, Utrileld, llospur,
Ureul Hull, Haiiillliiii, lliyts. I llii'iicock,
IImS"'. K io 111, KeA i'ana, K llliball, la
sail, Loup, Mct'iit mm, M.orl. H, Ntnoe,
I'naH, I'eiklns 1'helpit, ! k, Harpy,
ri oils' lilulT, MUierman, S.oiU. fliatltud,
((Viitiiiue4 ixi page
EARLY AT WORK.
Senator Alien Introduces Several Im
potent Measures,
On Marcb ICtli, tbs second day of tht
sefteion of tbs fjfJtb congress Kerifltor
Alton introduced seven bills as follow.:
8. 80, directing the eocretarj of the in
terior to make surveys for nud deter
mine and report on the cost of erecting
reservoirs on certain rivers in tho United
Htatee and their tributaries, and rnftk
ItifC appropriation therefor.nnd for other
purpoees; and H. 87 to provide for an ir
rigating survey of the Great I'lams and
sornlnrid binds of the Unltod Ktate.
8. 88 a bill to provide for tbs purchase
of sites for public buildings in tbs cities
of Uaetiugs and Norfolk in the state of
Nebrnska, and for other purposes.
8. 80 to prevent citizens of the United
UtaUm from soliciting or receiving and
accepting titles, patents of nobility, or
degrees of honor from foreign nations,
8. DO, to amend an act entitled "An act
to authorize and Mjcoursge the holding
of a tranH-MiftsisMlppI and international
exposition at the city of Omaha, In the
state of Nebraska, in the ymrlHW,"
approved Jun 10, 1896, to rejieal cer
tain portions thereof, and for other pur
posee which was referred to the aelect com
mittee on international expositions. So
authorize the creditors of insolvent na
tional bank to elect a permanent re
ceiver. 8. )'2, to protect public forest
reeervatloss,
Kach of the above bills were read twice
and referred to the proper committee.
SPEAKER REED TO RULE.
la tbs Ssms Autocratic and Overbearing
Manner as Befors,
, Thomas 11. lleed Is the sains ruler that
he was four years ago. Ids own party
dare not oppose him in bis decisions.
Thie was well illustrated when the mutter
of selecting rules catno up in the house
immediately after convening March
15th,
The attack on him was led by the re
publicans and was tho result of the over
bearing, rough-riding syetem which ho
began when ho was lirst elected speaker,
n it (J which lias now grown into a habit.
To enable him to smother opposition,
to throttle men who cross bun, and to
rule the house as ho pleases, be framed a
systetniof rules which made, the speaker
is an absolute autocrat.
To retain this power during this extra
ordinary schhiou, to avoid the labor of
creating a new set of rules, and the fric
tion that this would involve, bo had ar
range to have thn old rules continued.
Mr. Henderson of Iowa introduced the
noccMsury tesolution, Mr. Hepburn, who
Is a republican, and also from Iowa
moved to restrict the rules to a period
of thirty days.
Actuated either by a fine sonso of
humor, or by a desire to be diplomatic,
.Mr, Hepburn pretended to believe that
the object of bis colleugue from I6wa
was Molely to provide for a system of
rules until a new set could be created.
There was sonio debute, and then a ris
ing vote was taken. Mr. Itoed an
nounced that tho vote stood 158 to 157
in favor of the opposition.
A burst ol applnuNft trreoted this an
nouncement. Huddenly anothor vote
was registered that mailo a tie and the
result was still in doubt when Mr. Hon
dnreon demanded a roll call. Now the
tower of Heed was shown. In the scrum
jlo that attends a rising vote, the
personality of repnmentu lives some
times escapes notlco. Hut a roll call
s different. 1 lion every man Is on record
and his position Is likely to interfere
Willi his progress later on.
On tho first vote about thirty republi
cans opposed the speaker, liut on tho
roll call only fourteen had the courage
of their convictions and stood their
ground. Ho the speaker saved his rules,
and hiH reign as absolute bone ol con
gress I indefinitely assured.
During the contest the democrats
voted against Itoed. Tlmy took no action.
Their new leader, Mr. (in! ley, of Texas,
sat stolidly through it all. He made no
effort to strengthen tho opposition.
While Mr. llailey was si riving to secure
the minority IciidorHhin it wits whispered
about that Hoed was ulding him. Dem
ocrats were led to believe that support
of Halley would benefit them when the
committees were made up. The elate-
inent was nimbi that Heed had promised
to consult with him and to take hie ad
vice in giving the minority representa
tion. Among tho republicans who voted
ngahiet Hoed was Imtiitl Kli Quigg, one
of tho brightest representatives from
New York. In explaining his action Mr.
Quiggsuid tonight:
"1 voted from a conviction that a httlo
more latitude should bo given to the
ineinberH. I have no fault to find with
the speaker, for I realize fully that in a
great body like the popular brunch of
cony res tho treatment must sometimes
be of the most drastic character. Hut
seventy should not be the rule. 1 favor
a lit tle more liberty."
UeeiJ proposes to keepthe the old rules
In force until after the new committees
are created. There will be no morn com
mittees until December, The hope that
the failure of the Indian nnd general de
ficiency, sundry, civil and agricultural
bills would compel him to appoint at
least a few of the. poinmittoe has died.
Ho will secure the passage of thti bills
by creating a rule. They will not again
gut Into the hands of u committee, Ho
h will have his way, ami hold a club
over tho beads of the members until the
tariff bill Is passed.
Hcpresentative Kenton McMlllau, a
hading democrat said;
"Thr is nit idea (throud that each
Mis ol the lliinilier'i of the house re pie.
scuts a constituency, ThU U a mi
The only constituency represented is
that one wbicb sends Iteed tier. Ail
other constituencies are subordinate to
to this oue. Not one of us can get any
legislation unions we first bend the knee
to Heed."
CONSTITUTIONAL AMENDMENTS.
Submitted to a Vote of the People of
8outh Dakou.
Tbe legislature of the state of Bouth
Dakota submitted three important con
stitutional amendments to be voted on
at tbe next general election.
Tbe initiative and referendum. This is
a proposition to permit tbe people to
vote on such laws as they ask to bare
submitted,
Kqual suffrage. There was a bard fight
over this in the bouse, but it wascarried,
and the people of the state wilt have a
chance to say whether an intelligent
woman is as competent to vote as an
ignorant Iudian.
'ins dispensary. The third amend
ntent gives the people a chance to say if
they prefer tbe plan of state control ol
the liquor trafllo to license or probl
bition.
FLORIDA'S SENATOR.
Tbs Credentials are Referred to tbe Com
mitts on Privileges and Elections.
B peaking in the United Btato genato
on Murcb 16, In fuvor of his motion to
refer tbe credentials of Mr, Henderson,
recently appointed by the governor ol
Florida to be successor to Bcnator Cull
to the committee on privileges and elec
tions instead of allowing aim to take
the oath of office, Henator Allen, after
reading from the constitution the pro
vision in relation to the appointmeut of
United HtuU' senators, said:
"Here Is language so plain and un
equivocal that no man can misunder
stand what it means. If a vacancy hap
pens by resignation or otherwise, says
the constitution, then the chief execu
tive or tbe governor hue the power to
appoint temporarily to fill the vacancy.
A term of oflice must have been entered
upon; some persons must have been se
lected by the constitutional power of
the state government to discharge the
duties of a senator, and after be bus en
tered upon the discharge of those duties,
a vacancy must occur by resignation or
otherwise, "otherwise" embracing death
r removal or expatriation or any other
unforeseen incident or fact.
Mr. 1'resident, it is sought now by the
senator from Florida nnd the senator
from Massachusetts, who I understand
have come together in their opinions
upon this question, to give Florida rep.
resuntation in this chamber, not to fill a
vacancy that has happened by resigna
tion or otherwise, but to enter upon a
term ft term as the senator from Mass
achusetts well says, which will never ex
pire If the legislature of the state of
Florida decline to elect or if they can be
induced to adjourn from time to time
without electing.
The power to fill that vacancy for one
week or two weeks carries with it by
principle the power to fill It for six years
or twelve years, unless the legislature
shall in the meantime convene and elect
according to the provision of tbe con
stitution. The element of time has
nothing to do with it. It is trie injec
tion into our const itution of a now pro
vision that gives thu chief executive of
the stato power to designate a man to
fill an office in whlch no vacuncy has oc
curred in consequence of resignation or
any other unforeseen event."
This is a clour statement of the feitua
tionin Florida. Honator Allen's motion
to refer the mutter to tho committee on
privileges and elections was adopted.
This means that the appointed senators
will not bo allowed seats at tho this
time. Without them the republicans can
not reorganize tho senate.
On motion of Henator Chandler the
appointed senators wore granted the
privileges of the floor.
TO PRESERVE NEUTRALITY.
Outgoing Vessels Must Sign an Obliga
tion tothatEfTect.
At a special meeting of the cabinet at
tended by President McKinley and Her
man, Oago and Long, and Attorney
General McKenna, it wus determined
that hereafter no vessel shall be given
clearance papers for Cuba or any of the
contiguous islands until its owners enter
into a rigid obligation not to violate
the neutrality or navigutionlaws during
the ensuing voyage.
Tho neutrality laws were read and
their ndequacy discussed. It was agreed
that tho attorney generul should draft
such additional provisions us he mav
consider nocessury for the enforcement
of the spirit of the laws and submit
them to the cabinet.
It was practically decided that the
president should in tho near future issue
a proclamation urging all citizens to
strictly observe the neutrality nnd navi
gation laws and warning them of vigor
ous prosecution in the event ol viola
tions. HARD TIMES NO BARRIER,
Celebrate Their Growing Business by
Enlarging and Remodeling Their
Hig furnishing House.
A concern that line come rapidly to
the bout in tho punt few years in the face
of b Hiil times and business depression is
tho Itinlgo A Morris Co., of this city.
Starting la with a small stock of hard
ware only u few years ago they hnve
grown and enlarged uunil they are now
one of tbe strong business institutions
of the west.
These facts are called to mind by the
extensive improvements just completed
in their store. A reporter in quest of the
elusive Item happened in at their estab
lishment and was amazed at the changes
that have taken place. A handsome
plate glass front has succeeded the old
windows and elegant offices have been
fitted up near the front for the counting
department, numerous now windows and
skylights lighten the interior of the
building. Klectric passenger and freight
elevators communicate with the different
floors, giving the bouse u thorougly
metropolitan air,
Tbe concern now occupies three floors
and basement 75x142 feet except the
first floor which is CO foot in width. The
first floor contains a complete hardware
and stove store, the business offices and
heavier class of furniture such as folding
anu Iron beds, combination cases, secre-
tarys, baby cabs, etc. On the second
floor is displayed in bewildering array
fancy rockers, chamber suits and parlor
goods. 1 be front part of this Moor con
tain the carpet and drapery depart
ment. Tbe arrangement for light and
convenience is excellent. The different
lines of carpets, rugs, matting, oil cloth,
draperies etc., are separated, each hav
ing a department. On tbe third floor
one sees dining tublos, parlor tables,
aide boards, couches, cbinonlers, ward
robes, library goods, office furniture etc.,
in great quantities and elegant designs.
A visit to this store is a treat to one
who admires elegance in bouse furnish
ing goods. Everything now and modern.
A traveling man romurked that they
showed the handsomest line of furniture
and carpets be had soon west of Chicago.
The carpet and drapery departments are
models ol elegance. Ingrains, brussels,
velvets, moquots, axminstera and suvou
areas are shown in newest and richest
designs. A display of draperies includ
ing a handsome line of China sijks, den
ims, tupostries, silkolines, etc., lend an
artistic effect to this department.
Mr. Itudge, when questioned by the re
porter remarked! "Yes, we have about
the most complete establishment of the
kind in this section of tbe country. We
buy almost every thing in ear load lots
direct from the manufacturer. We do
this in order to got lowest prices. When
we buy a car load of tables or a car
load of bedsfor instance, we save enough
to pay the freight, and that's quite an
item in furniture. ' We discount our bills
and in this way we can sell our goods
for about what the average dealer pays
for them. That's tbe secret of our suc
cess. We buy the best goods nnd sell
them as cheap as the inferior grades are
usually sold. . And I wish, by the way,
you would extend acordial invitation to
the public to call and look through our
establishment since we have remodeled
it. They won't have to climb the stairs
as they used to and we will show them
some things in furnishings they will not;
expect to see west of Chicago.
CHARGES OF BRIBERY.
The Spesker of tbe House of Representa
tives in Iowa Resigns
Representative Luihbert of the loWa
legislature produced a great commotion
in that body by reading from letters sent
out by the buildingand loan associations
over tho state making charges of whole
sale bribery and corruption, involving
tho speaker of the house and many of
tho members. Upon tho reading of the
letter Speaker Dyers demanded an in
vestigation and tendered bis resignation
as sponker to take effect at once. Many
of bis friedus insisted that he consider
his statement and continue in office but
Dyers declined and insisted on the ac
ceptance of his resignation.
Nub-soil Plowing.
Subsoil plowing is usually done by a
plow of suitable construction that fol
lows In the furrow made by a turning
plow. Tbe better plan, however, is for
the subsoil to be properly attached, to
the stock of tbe turning plow, operating
when thus constructed immediately be
hind the plow. This plan will save a
hand and has other important advan
tages. Jf ground be thoroughly broken to a
proper depth it will absorb and retain a
sufficiency of rain water to virtually
render it drouth proof; provided that a
thorough system of cultivation be em
ployed in connection therewith. Experi
ments with steam plowing in England
have shown that ground can be advan
tageously broken to the depth of from
8 to 4 feet. Corn roots have been traced
by l'rofessor Ma pes to the depth of 5
feet. Hut 16 inches may be regarded as
a suitable depth for ordinary practical
plowing.
MOSHER IS RELEASED.
Appeared in tbe Federal Court and Cave
. Bond for Appearance.
On March 18th Charles W. Mosher was
released from tho Hioux Falls prison.
Mr. Mngoon of Lincoln bad gone to
Sioux Fulls to be present when Mosher
wus released and accompanied him to
Omaha to appear in tho U. H. district
court to answer the remaining Indict
ments tiled against him in connection
with the (luteal t trial. He waved arraign
ment and gave bond in the sum ol$."(MH)
signed by Messrs Whedou and Magoon.
attorneys in Lincoln. From Omaha
Mosher went to Chicago where he will
meet his wife and boys, lie claim to
bo penniless Hint does not know what he
will do iu the future.
In reply to h question us to whether
lie expected to locate in Lincoln he said:
"No I shall not go back to Lincoln. t I
could not bear to go back there now.
that's pretty tough tothink that I must
stny away from the place where I spent
the best 111 teen years of my life,"
Caeenrets stimulate liver, kidneys and
bowels; never sicken, weaken or gripe lOo
RAILROADS
DEFEATED
The Recent Decision in the SuprenJ
Court Unexpected by Moat
Everybody.
STOPS TRAFFIC ASSOCIATIONS
The Roads Rapidly Withdrawing
from Membership is Various
Associations.
Tht Probable Effect.
Tbe supreme court has decided tb
case of tbe United States against tb
trans-Missouri freight assoclatlo
against the railroads. Tbe opinion wa
read by Justice Peckbam, and n
the decision of the court below and bold
tbe anti-trust law of 1890 tobeappl
cable to railroad transportation, and
tbe traffic agreement of tbe pool illegal.
Summing upon tbe point of applica
bility to railroads, tbe court savs:
"While tbe statute prohibits all combi-l
nations in the form of trasts or other
wise, the limitation is not confined to
that alone. All combinations which are
in restraint of trade or commerce are;
prohibited, whether In the form of trusts
or any form whatever. We think, after1
a careful examination, rhafc tha net'
covers and was intended to cover com
mon carriers by rail." .(
Taking up the case on its merits, be
said the court had reached tbe conclu
sion that the Hherman act does cover
the question of railroad transportation
and that tbe agreement between tbe
various roads is within the prohibition
of tbe act. Hence the decision of tbs
lower COUrt. which WAS fnvnrnhln in tha
contention of the railroad companies,
was reversed and the case remanded. :u
Justices, Field, Gray, Shiras and White
dissented, Justice White delivering tbe
dissenting opinion.
The Darlington has given a sweeping
order withdrawing from nil thn trnrfta
associations of which it was a member.
It bas also withdrawn from all ioint
rate agreements and will niwrnta mUI
oa its own responsibility. All of the o fa
cers of the different nuanAlnllnna Ii...
boon retained in other capacities by Mi
oiuereni roaos ana an enort will be
made to avoid an internecine war.
Tiiis is a far reaching decision and
will compel the disolution of all freight
and passenger traffic associations, 1
is not known what tbe effect on rates
will be, but in all probability it will rsV
suit in some fierce competition amopgtiie
roads and a consequent reduction in
rate. Many of the roads have ali-eaiV
withdrawn from the association. Mr,
Chatipel, of the Chicago and Alton says
"I think all traffic association's will
have to go by tlift board. From a rail
road standpoint I think the decision
is all wrong. It was rendered without
export testimony." President Morton
of the Santa Fe has said: "I dont be
lieve the railroads will cut each other's
throats during the emergency. We
look for relief from congress, but to be
on the safe side we annulled our mem
bership." Of course no one can predict
tho action of congress. It may declare
combinations to be lawful, and uphold
the trusts and railroads in their or
ganizations, but in tbe face of exist
ing public sentiment in favor of free
and open competition in these lines
of industry as well asjn others, it will
hardly duro to do so
LINCOLN ELECTRIC LIGHTS.
Comparison or Expenses in Lincoln
With Other Cities.
Never has there been a more dishonor
able contract with or for the city of Lin
coln than the present street lighting con
tract. It is dishonorable and fraundu
lent on both sides. The electric light
company get nearly double pny forwhat
they do and the city authority that en
tered into the contract must get a Dart
of the unearned money or else they were
idiotic managers of public business. -Tho
uncalled for haste in which the
contract was made is evidence enough
of rascality. The old contract had not
yet expired by several months but secret
ly the plans had been laid, every official
sworn to secrecy, had been assigned bis
duty and without doubt his share of tbe
boodle. The tax on vera wer tint Innb.
ing for the question to come up till r.oar
the expirat ion of the old contract. Th
parties interested did not want the tax
. ..I....L.1...1 , -
payers iu loos, tnui wny.ior serious oppni
siiion was anticipated to any such coi
tract as wus to be mailt). Sn vli.n i.
appointed time arrived the matter
orougni up in council, regular nisei
all rules of oroscedure. hmn.tel
honor were siisis'iuled and the orJie:
passed. Signed by the major anil jl
iiHiieu in me .iioruing .Journal, tit
made (or five years. We had lust
irood reason to exn'-ttlie irtMeut no
tract would Is taken no and mm innill
lor ten years so we favored the new char
ter to block such uames.
Comtmre what un imv with what nth
, - - - , , ..v.. t
cities pay. tawistou, Maine, ouly pays
f iu a year lor an uigni.
Madison, Indisda, pM.rs f.'U.OO,
Knv C tr. Michiuan. H'J On.
The city of Lineolu pays I). K, Thomp
son ninety-si dollars lor half night ser
vice and when the moon shines the light
is turned off, but the pny goes on.