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About The farmers' alliance. (Lincoln, Nebraska) 1889-1892 | View Entire Issue (Oct. 22, 1891)
THE FARMERS' ALLIANCE, LINCOLN, NER, THURSDAY, OCT. 22, 181)1.
CIjc Jarmcra Alliance,
Published svery Baturday or
Tiik Aixiaxcb IVBUsnnco Co.
Oor. lit and M Bu., Lincoln, Neb.
T. Rrmnini Editor
J.M.TBOnreoa'...i. Business Manaref
Tn the beauty of the liuies
Christ w born across the sea,
TTith a glory in his bosom
That transfigures you and me.
As he strove to make men holy
Let us strive to make them free,
Since God is marching on."
Julia Ward Howe.
"Laurel crowns cleave to deserts,
And power to him who pow er exerts.
A ruddy drop of manly blood
The surging sea outweighs."
"He who cannot reason Is a fool,
lie who will not reason is a coward.
He who dare not reason is a slave."
AMdm all huatnitM com m u nloations
Address matter for publication to Editor
Farmer' Alliance. ,
Articles written on both side of the paper
want be umI, Very lung- communications.
ae aruio cumn in um.
PUBLISHED WKKKLT AT
CORNER tlTH AND M STREETS,
J. BUBROWS. Editor.
JT. M. THOMPSON. Business Ma'gT.
The Great Alliancs Weekly and ths Leading
Indapsndenl Paper of tht Slats.
SEVEN COLUMN QUARTO.
It will always be found on the aide of the
people and w hoi If devoted ta thesdvooaor of
reform principles In state and nation.
IT IS YOUR PAPER.
COMPLETE IN EVERY DEPARTMENT.
Subscription, ft 00 per annum, Invariably
ta adranoe. Five annual subscriptions S4.U0.
OUR BOOK LIST.
The best reform literature obtainable can
be bad by ordering any of these books.
The Railway PmWItm (new) Stlckney....! 50
Leokln backward, Bellamy W
Dr Huiruet, (new) Donnelly.............. Ml
Caesars Otlumn, ' Ml
A Kentucky Colonel, Reed Ml
Driven from Rea to Sea, Post, M
A Tramp la Society, Cowdrey M)
Btohard's Crown, Wc-svor M)
Great Hed Drairon. Woolfnlk Ml
Brtce's flnsnolal Oatrchlsm. Brioe M)
Money Monopoly, (taker 85
Labor and Capital, Kellors; 85
Ptsarro and John Shermau. Mrs, Tndd .. 6
Seven Financial Conspiracies.. ..H)cts,i
The Haszard Circular, Heath... .1(1" V
Rabies and Bread, Houaer 10 " J
ur Republican Monarchy, Voldo 25
Alliance and labor songster Oc, per dos I 10
Hew Musloedi'o. paper ooveretio, tin1
" " " board " Uo, " IN
TnltMiiM' Almahcs one year and any
Oct. book on our list for H .aft.
Sum and any 25et. book on our lilt for VI. 10.
Address all orders and make all remltt-
i payable to
THK ALLIANCE PC RUSHING CO.
Independent Peoples' Ticket
Independent Stat Ticket.
For Associate Justice of Supremo Court,
For Regents of the University
A D'ALLEMAND, of Furnas Co.
' E. A. IIADLEY, of Groeley Co.
Independent County Ticket.
For District Judges
A. S. T1BBETTS,
OLIVER W. CROMWELL.
For County Treasurer
O. HULL, Mill Froolnct
WM. F. ELFELDT, Buda.
For Clerk of District Court
ELI AS BAKER, of Lincoln.
For County Clerk
WM. S. DEMAREE,
For County Superintendent
Prof. H. S. BOWERS, Lincoln.
For County Commissioner
i- Little Salt Precinct.
For County Judge
W. S. WYNN, of Lincoln.
DR. HOSMER, of Lincoln.
For County Surveyor
J. A ROBINSON, of Lincoln.
For Justices of the Peace
H. C. PALMER.
A J. WARWICK.
Assessors, First ward, Whoatloy Mick-
clwaito; Second ward, C. H. Waite;
Third ward, JohnCurrie; Fourth ward.
F. E.Sperry; Fifth ward. H. L. Klock;
Sixth ward, C. Marshal; Seventh ward,
W. J. Coates.
Chm:n State Central Com.
C. H. PIRTLE,
Scc7 State Central Com.
HEADQUARTERS OF STATE CEN
TRAL COMMITTEE, IJNDELL
Lancaster County Central Committee.
Wm. FOSTER, Chairman.
S. S. JONES, Secretary.
IX THS FIRST DISTRICT.
Messrs. Bush and Martin, of Gage and
Richardson counties, candidates on the
independent ticket for judges of the
first judicial district are clean, able, up
right, thoroughly respected Nebraskans,
an whom the people delight to honor.
They will be elected, and as judges will
do honor to the party that electa them.
TUK ULTKST TRICK. ,
They are getting desperate. The last
dodge to elect C. E. Waite, republican
' candidate for district clerk, is to disguise
the fact that he Is Charjie Waite, the as
sistant cashier in the State National
bank. And president; .of another bank,
and to make voters believe that it is
Charlie Waite the popular engineer and
Knight of Labor.f Donto them do
saw yon BD&tieaJ youravetes. They
aura desperate and will do anything for
vvtes for the ring ticket
The Terrible Charge Against
. Judge Post.
He Evidently Confesses the Crime.
The 0.naha World Herald of Sunday
morning last contains a terrible indict
ment against Judge AM Post, the re
publican candidate for suprema judge.
The leading facts, as stated by the
Herald, aro as follows: Mr. Post began
the practice of law at Leon, Decatur
county, Iowa. He soon gained the
entree of the best families of the town.
He became a member of the Masonic
order. There was a very fine family In
the tows consisting of a mother and
three daughters, the father, who was
also a Mason, having but lately died.
The youngest daughter was a lovely
girl about seventeen, who was the
favorite of all who kaew her, being un
iversally admired for her sweetness and
purity of character. Mr. Post obtained
the confidence Rud love of this girl, and
became ber seducer. He then refuse!
the only reparation be could make,
marriage. Suit was brought and be
was Indicted. He was expelled from j
the Masonic orckr. Upon hi providing
for the support of the child born the
suit was not pressed. Years afterwards
be was enabled to t ecu re his reinstate
ment in the Masonic order.
The son birn of this connection, and
the mother, are still living in that
nelgnborhood, the latter married to a
worthy man and being herself a most
estimable and worthy woman, the one
mistake of loving A. M. Post not wisoly
but too well being tbo only blemish
upon her life.
The above comprises all the essential
facts. They ard elaborated, with many
details, in three columns of fine print
in the WorldHerrld,
That the statements of the .-. are
true there can be no doubt. That
paper is entirely responsible tinanclally,
for any libel it may publish, if the
story was not true a jury would give a
verdict for almot t unlimited damages
any amount in fact which a prosecutor
might ask. Besides, iu this state, its
editor would be criminally liable under
very severe penalties. There is no
doubt, therefor, that the publishers of
the W.-II. knew absolutely that the
fuartul charge made against Judge
Post was true before tbey accepted the
responsibility of publishing it.
We do not believe in. a mud-flinging
campaign. Our readers can bear wit
ness that we greeted with approval
Judge Post's speech in which he ex
pressed the wish that no such campaign
should be made. Is it not possible that
the memory of his crime haunted him,
that visions of that desecrated home
and the fair young girl whose life he
had poisoned, floated before hto mind
when be uttered that wish?
In tho Daily Bee of October 20 is an
authoritative interview with Judge
Post on the subject.
This interview is conclusive and
damning evidence of the truth of the
awful charge. contains no denial
whatever of the truth of the charge of
seduction and bastardy, but on the con
trary practically admits it.
We quote all the passages having
direct reference to the charge:
"Nearly twenty years asro when I
was 25 years old, a charge ot seduction
was brought against me. It was not
true that I was indicted."
No donial there of the truth of the
charge! He goes on:
"A civil suit for damages ended
practically in the same way. Plaintiff's
attorney dismissed and the record
shows that it was 'at plaintiff's cost.' I
was about to be married to tho woman
who is now my wife and was anxious
to end the case. So I agreed to and did
pay piaintin s attorney a sums;illleient.
either in money or property, I don't
now rememoer wnien, to cover costs
and certain money he had expended.
I lie total was about 100 which was the
OHly money or thing of value paid or
transferred by mo in the settlement of
The above is peculiar. "Suit was
dismissed at plaintiff's cost," but he
"agreed to and d:d pay plaintiff's at
torney a sum sufficient to cover
costs and certain sums he had expen
ded," (about $100.) which teas all he paid.
Now see the following:
"No! I will not mention the name of
the woman referred to by tht World
Herald. That paper has caused suffer
ing enough. I never saw the child re
let red to, and the story that it was
named for me is a pure fabrication." -
Unparalleled magnanimity I Sublime
pity! He admits the existence of "the
woman," and that she has a name. He
will not mention it, because it will
cause her suffering the woman he
ruined and refused reparation to! What
a merciful heart has grown up within
him in the years since he committed
He admits the existence of "the
child." He indignautly denies that it
ever bore his name, but fails to deny
that it bad a right before God and man
to bear it.
The man of mature years, as was A
M. Post at that time, who will enter a
pure home, and in the guiso of friend
ship and love betray an innocent girl,
and then refuse the only reparation a
man can make, is a fiend, and deserves
The society that could condone such
an act, and elevate the perpetrator, ef
it to a high official position, would be
fit 6nly to disgrace a barbaric age,
This is tho end of the chapter.
Without this revelation having been
made Mr. Post Would "have been de
feated by at least 30,000 majority.
His defeat should now be so over
whelming that no man with so black a
cloud hanging over him will ever again
presume to solicit the, suffrages of '.a
virtuous and justice-loving people.;
Tub Alliance office was houored
Wednesday by a brief call from Con
THK CITADEL ATTACKED.
There have been scores of parties
formed which drew together multitudes
of meu tottand forcherished principles.
for some one or more of man's inherent
rights. But tiie parties of the past have
attacked only tho outlying posts, the
grosser form, of evil. A few cf these,
detached, have been captured and some
barbarous oppressions, hitherto made
legal, outlawed. But for every grosser
evil outlawed its equal, more refined.
has almost invariably appeared. The
citadel of injustice, the hiding cf satanic
power, from whence iu mammon-wor
shipers, have ruhdued and ruled the
world, scarce any in the preceding
generations have beheld, much le at
tacked. It is only in the last decade
that the people Id large and increasing
number have been awakened to see the
throne of evil, its scepter, its accepted
laws, by which, taking advantage of
their common ignorance, the yoke has
been slipped upon them.
Ali oppression springs and has ever
sprung from a selfish, dikhorct dispo
sition to command the services of others
without rendering them a full equiva
lent. Luxury, case, display, pride and
princely power are thus, by dishonesty
aud robltery, supported. Save iu the
early church men have never been con
tent to live as brethren, giving each
other, in receguilion cf equal rights,
unobstructed, unmonopolixed use of the
means of production, helping each other
with equal labor when co-operation was
an advantage, and allowing each the
possession and enjoyment of the full
product o) his labor.
The history of the past, is a history
of Individuals struggling with individ
uals, each exercising, as his power per
mitted, the functions of a selfish despot.
Possible conquest, plunder faud the
multiplication of servants, were the in
centives which unsheathed the sword
and drenched the earth with the blood
of every generation which has prectded
us. Our civil war v as fought to enable
some to livo without labor and force
others to toil without recompense, to
hold and perpetuate a race of slaves,
five hundred thousand cf the best and
bravest men dying in the struggle. And
human nature has net changed since then.
Tho conflict is no longer carried on
with booming cannon and rattling
musketry. But slaves are made by un
just laws. Nominally free, men sweat
for others still, and the number of
actual slaves, those forced to toil with
out just recompense, is greater than
when the bloody war of tho rebellion
ended and the foul, cruel monster,
slavery, was thought dead and forever
The laws which lead to all oppression,
and the privation and sufforing it causes,
are class laws, laws whiah give monop
olies, special privileges and immunities
to a part of the pecple, making the rest
in consequence subject to them. Such
are tho laws which allow a few to pos
sess the mines, the oil wells, land they
cannot use, the means of transportation
and a volume-controlling interost in the
currency; which secure to the capitalist
tyrannical control over laborers, bo-
cause capital has become a necessity as
a moans of production; and which
enable tho money-loaning and capitalist
class to accumulate by the labor of
others enough to purchase as tbey in
crease in wealth all property of fast in
creasing value, and thus increase tbo
number of those dependent upon the
rich for work and wages.
The people's party has sprung into
existence not to make tho black man
free, but to emancipate all men; not to
secure political freedom to a class, but
to gain for all industrial freedom, with
out which there can be no political
freedom; no lasting people's govern
ment. It stands upon tho declaration
that "all men are created equal," hav
ing equal right to Jive, labor and enjoy
the fruits of their labor. It teaches
that none should have power to enjoy
without labor. It demands equal op
portunities and exact justice in business
for each individual, and proposes to
abolish all monopolistic privileges and
power. It is the first party that has
comprehended the great question of in
justice aud proposed an adequate rem
edy for the evils of society. It is a
grand new party which shall bind to
gether the people for mutual help as
well as defense, a party organized to
dothrone the money kings, the monop
olist despots, the ruling class; aud
which shall make of this nation an in
dustrial democracy in which each citi
zen shall have un equal interest, and his
own home secured.
A PARTISAN DECISW..
The decision of the supremo court
allowing Parker and other individuals
who arc placed on the state, prepared
ballot by petition as candidates, to
there be printed under tho heading.
Independent, is undoubtedly a scheme
to take advantage of the name of
our party to divide our veto. It is a
shrewd political trick, backed up by
the court, and one that in its divisive
results can not be sufficiently guarded
against. The court had no precedent,
so law and no necessity to guide it,
and should have directed thf.; candi
dates by petition be so d3signated.
Justice to the people of the independent
party should havo drawn from it a fair,
a different decision. The decision given
takes advantage of almost the same
name and an inevitable confusion of
ideas, for a manifest purpose to defeat
the will of tho people and favor corrupt
politicians. . '
Beware of all independents who are
not people's independents, the people's
chose candidates. ? They ; are , decoy
ducks sent out and controlled by the
old party gangs. Carefully examine
the lists of independent candidates be
fore voting. " ' . ;" ' ' v
XW Judg Poai not only does not sue
tho rorjtf-Xtt$ltW$ libel,' oft't admits
the truth of every material charge made
A very able correspondent, Mr. C. C.
Camp, of Fredonia, N. Y., s ems to be
somewhat at -a in regard to the effect
of increasing the purchasing power of
money. Speaking of increased prices
as the result of increased issue, he says:
" If the only result is to raise the price
of products and wages proportionately,
what have you accomplished? The
farmer spends every cent now. He
would gst more then, and pay it all out
for increased cost of supplies."
This is the argument of the gold bug
contractionist, and its plausibility puz
zles many a man. The injustice of a
contraction, or a stationary currency
with iriHiiding busin. ss and population,
arises from the foct that debts do not
shrink. With shrinking values, such
as we have had for the past fifteen years,
the farmer who has mortgaged his farm
for one-third or one-half its value may
see values disappear until the farm is
only worth the face of the mortgage.
In such a case he is confronted by the
f ict that it was his property which ha
taken to Itself wings, and not the mort-
g igaV. The mortgpge calls for just as
many dollars as it did at first, though it
may now take two such farms to repre
sent that number instead of one. So
with h s interest. If he pays ten per
cent, aud buys ths money with wheat
at Sl.00 per bushel, it takes 10C bushel
of wheat to pay a year's interest ou
$1,000. If now by contraction the prica
of wheat falls to 60 cents, it takes 200
bushels of wheat to pay tho interest,
though tho latter remains nominally
the same. Honcc, our correspondent
will see that to the debtor the purchas
power of products is of much more im
portance than the purchasing power of
money. If there are no debtors in
western New York the purchasing
power of money is of much less import
But even with tho producer entirely
free from debt the argument that in
creaso of purchasing power is self com
pensating is fallacious. The producer
buys money with products or labor.
The money lender buys products with
money. Ihe first is interested in tho
purchasing power of products, the sec-
oud in the purchasing power of money.
The interests of theso parties are irrec
oncilable. Their relative prosperity
depends on rices. If prices are kw
the producer suffers. If prices are
high the money lender suffers.
If the farmer or laborer is to accumu
late any property for a rainy day it
must como from his margin ot produc
tion over subsistence. The amount of
this margin in money depends on prices.
This margin may be entirely wiped out
by falling prices. This arises from the
fact that ro man can escape the burden
of interest in any community where
tho credit system prevails. There is a
fine point here which should be careful
ly thought out.
A IESS0.Y FOR AMERICANS.
The nobility, so-called, of England is
a privileged class, the descendants of
robber barons whose land titles gained
by conquest have through all succeeding
generations been respected, and all
advantages of land ownership, all in
crease of values accruing from pressure
of population and the toil of surround
ing millions, has by law been added to
the increase of this useless, arrogant,
most cruelly burdensome, lordly class.
Great Britain has only 100,000 citizens
who own land, who possess homes. All
the rest are renters, who may be driven
into the Atlantic at the pleasure of her
After centuries of oppression by this
class, tho people who have representa
tion in the Commons are seriously
threatening the abolition of the blue
blood house of lords. Strange that
Englishmen would so long endure such
tyranny, such robbery, such slavery,
that they should continue to honor the
robbers, bowing and ficraping to those
who stole tuoir natural inheritance, and
toiling with grimy sweat to eadow with
luxury the useless ihvnes. Let us hope
that they may soon, queen, princes,
lords and all, bo legislated out of their
royal and legal prerogatives, their
monopoly of land, and be drawn iuto
tho producing, useful class.
But, now we '.hink of it, what better
off are we? Have wc not 31,000 in this
new land Mho own half the wealth of
tho country? Do not our coal barons,
our railroad magnates, our oil and iron
lords, ou; money kings and corporation
rulers, outrank in power, in taxing
strength and crushing burdensomeness
tho lordly band of Britain? Shall we
despise the common peoplo of tho
British isles who never yet were free,
we the sons of tho revolution? Are we
not slaves? How many millions in our
large land are tenants? How many
more are working aud forced to work
at prices fixed by privileged classes?
Even the land owuer must bow before
money and transportation Mngs! Our
fathers fought for freedom, and so
must wo, if we would havo it.
THE PEOPLE SMILE.
MeKeighan and Kem are slumping the
state for the independents. Bryan has
talked for the democrats and coquetted
with the independents. Over iu Iowa
evefy- letdiDg republican from Senator
Allisou down to the poorest paid state
officer are in the field, but with the ex
ception of Majors and Hastings no re
publican whom the party baa honored
with a high position has deigned to raise
his voice in the present campaign. Com
ment is suparflons Omaha Bee.
Urn! Ah! Exactly! So everybody
perceives. The republican" are not in
it this year. And for the reason that by
no possibility could there be anything in
it for them. The old nilroad gang has
not been able to smile for a year past.
They are personally afraid to face the
indignant outraged peoplo wherroce" en
masse aud burled the u politically fa year
ago,. - And there is no use either to wasto
breath on a forlorn hope, they conclude,
Hence they have "kept on saying noth
ing." The republican loaders of Ne
braska will never again be heard from.
More Than Filly Per Cent of His Case?
Reversed by the Supreme
His Last Yrar Wor. than His Find.
Post Proud to be a Kailroad Judge.
Extracts from the Speech of Judge Ceo. I.
Wright at Bohanan's Hall Oct. 19,
Fellow Cithens of Nebraska:
Let us candidly reason together about
the s-ocalled issues of the pending cam
paign for the'supremo judgeship of Ne
braska. Let us help the pure sunlight
of absolute truth to dispel the cloud! of
misrepresentation which befog the is
sue. All honest men desire to know
whether the 'issue is one of biains
against mendacity, or one wherein pre
eminent judicial ability is arrayed
against a shyster lacking in profession
al qualifications. We want to know
whether the issue is, shall the railroads
control the supreme court or shall the
Those who have known Mr. Edger
ton for years testify that he is a man of
honor and uprightness, that he is en
dowed by his creator with large capaci
ty for thought, and that he can weigh
well the thoughts of others. Those of
you who have heard him speak can
testify to his ability to clothe with ex
pressive words the idea3 to which his
brain gives birth.
The republican party of Nebraska
has brought Mr. Edgerton iuto the
court of newspaper opinion and tried
him upon tho charges cf want of legal
qualifications and of being a shyster.
They havo produced as evidence the
unsworn statements of his political ene
mies, made in the heat of battle, prompt
ed by partisan prejudices ard warped
by the animus or the republican edi
tors who aro acting as counsel for the
prosecution. The republican papers
aro not only acting as counsel for the
prosucutiou, but are also acting as the
jury, and they have brought in their
unsworn verdict of guilty on both
counts, and are now appealing to the
voters of Nebraska to pass sentence of
political death upon hija.
Such a trial is a travesty upon justice.
It Is hypocricy masquerading under the
guise of truth. Tho Omaha Bee in like
manner tried and convicted Judge
Reese on the same charge eight years
ago, but tho voters of Nebraska set a
side the verdict, and the judicial career
of Judge Reese is a sufficient answer to
the rightfulness of the verdict.
Judge Post has served upon the dis
trict bench as many years as any of our
present district judges except Judge
Gaslin. It is said he has pre-eminent
fitness for a high judicial place. Let us
try him in tho court of official record
and learn it we can tho righteous ver
dict. For evidence we will use such of
his judicial acts as have been reviewed
in the supreme court. We will try him
before a jury composed of his political
friends, and tho verdict will bo found
written in the opinions of tho supreme
court, uttered in the tclemn discharge
of their sworn duty, not in the heat of
political battle in an unfair one-sided
hearing, but after both sides of the case
heve been fairly presented and ably
Prior to September 1st, 1891, 109 cases
(heard in district court by Judge Post)
were reviewed in the supreme court.
Tho following cases tried before A. M.
Post have been reviewed in the Supremo
Court, and reversed. Siurtovant vs.
State, 15 Neb. 4;S); Zahradmcek vs. bel
by, 13 Neb. 579; Dovereaux vs. Henry,
10 Neb. 55; 15. & M. 11. li. vs. Saunders
County, 10 Neb. 123; Wilch vs. Phelps,
Hi Neb. 515; O. IS. & li. II. it. Li. Uo. VS.
Umstcad, 17 Neb. 459; Same vs. Lamb,
17 Neb. 401; Same vs. l.auib, 17 Neb.
402; Sutlirf vs. Johnson, 17 Neb. 575;
Smith vs. Jones, 18 Neb, 481; Romberg
v-. Hughes, 18 Neb. 579; H ind vs. Phil
lips. 18 Neb. 598; Mayer & Schurrnan
vs, .ingre, 18 Neb. 459; Brawn vs. Mer
rick County, 18 Neb. 855; buvdam vs.
Merrick County, 19 Neb. 155; Sta-e vs.
L iwrenee, 19 Neb. 307; State vs. Hurds,
19 Neb. bl7; Hansen vs. Berthelsen, 19
Neb. 433; Dickinson vs. State, 20 Neb.
72; Soruborger vs. Berggren, 20 Neb.
399; Parks vs. State, 20 Neb. 515; . Buck
master vs. McElroy, 20 Neb. 557, Reese
dissenting; Fuller '& Johnson vs. Schro
cder. 20 Neb. 031; First National rlauk
vs. Lucas. 21 Neb. 280; Sells vs. Hag
gard, 21 Neb. 357; Phelps vs. Stocking,
21 Neb. 443: Obertielder vs Kavanaugn,
21 Neb. 483; Parker vs. Matheson, 21
Neb. 540; Western Insurance Company
VS. O'Neill, 21 Neb. 548; Tootle vs. Ma
beih 21 Neb. 017; Larson vs. Butt. 22
Neb. 370; Cortelyou vs. Maben, 22 Neb.
On"; Perkins vs. Strong, 2 J Neb. ?2oH
lieu vs. Arndt, 24 iNeb. 2l; Hart vs
Barnes, 24 Neb 782; City vs. Hartford
Insurance Co. 25 Neb. 83; Lincoln Na
tional Bank vs. Davis, 25 Neb. 370; Mc
Cleneghan vs. O & R. V. R. R. Co., 25
Neb. 523; Chollette vs. O. & R. V. R. R.
Co., 20 Neb. 159; Wibon vs Butler Co.
20 Neb. 070; Stoddard M'f'g. Co. vs.
Krause, 27 Neb. 83; Soruborger vs.
Huffman, 27 Neb. 491; Oberfelder vs.
Kavanaugh. 45 N. W. 471: Westovervs.
Van Dorn, 4(1 N. W. 47; C. B. & Q. R.
R. Co vs. Kriski 40 N. W.520; Phoenix
Insurance Co: vs. Bohman. 47 N. W.
037; Sjck vs. Suba, 47 N. W. 859; Grim
vs. Robinson, 48 N. W. 388; Stevens vs.
Sibhett. 48 N. W. 405; Hale vs Ripp, 49
N W. 218; Upton vs. O'Donahue. 49 K.
W. 207; Wendt vs. State. 49 N. W. 851.
This makes a total of l!f ty-two cases
squarely reversed, and iu only one of
which was there a dissenting opiuion.
Iu the cases of Osborne vs. McAllister,
15 Neb. 431, Bryant vs. Barton, 49 N.
W. 331. and tbo case of the B. & M R
R. Co. vs. White, 28 Neb. IGOPosterred
in tho matter of instructions although
the cases were affirmed. In the case ot
O. N & B. H. R. R. Co. vs O Donnell
23 Neb. 475, which was affirmed. Post
evidently erred in his judgment of the
A total of 109 cases have been reviewed
in the Supreme Court taken from Judge
Post's c-urt. In fifty-two of these ho
has been reversed, In two Of them no
question watt raised except practice in
the Supreme Court, in two of them
which are affirmed Post and Marshall
sat and determined together, and in
four of them that "were affirmed it was
done notwithstanding the errors of Post.
It can hardly be said that this record
gives Post a-standing of being right in
50 per cent of the cases taken from his
court to the Supreme Court of review.
The case of the O. & R.V. Ry. Co. vs.
Brown in 16 Neb. is the only dissenting
opinion, in a case affkmtd by the Su
'i bis record shows that Judge Post is
not up to the average district judges of
the eUte. iu so for as uis record has
len reviewed in the supreme court.
From the Leg'r.ning of the September,
lt'J term otthe supreme court Until
the beginning of the September, 1891
term, Post was reversed in eleven cases
and affirmed in eight cases, but in two
of the cases affirmed, to-wit: 28 Neb.,
106 and 49 N. W. 331. Post errod in the
matter of instructions. This show that
the record of Post instead ofimprocing uith
eiper'unc is graving worst, and that his
eminent fitness for a high judicial place
rests largely in tht brag of his friends, not
hating the foundation of official record to
At least nine-tenths of all the lwas
legulutig corporate powers and iabtli
ties are the reiuit of judicial decisions
and not of legislative enactments. Far
more important to the railroads is a su
preme judge favorable to their views of
corporate law, than one third of the
state lfgislatuio or the Governor him
self. Post has never decided but one
question of corporate law against the
interests of the railroads, and that was
in dismissing an appeal of a railroad
company from the appraisement made
'in condemnation proceedings for not
riling an answer in the district court.
See O. N. & B. H. It R. Co. vs. Urn
stead, 17 Nub. 459 The only other mis
take that Post has made' against the in
terest of a railroad coni( any was in not
sustaining the motion for a new trial
in the case of the C. B. & (2 R. R. Co.
vs. Kiiski. 40 N. W. Reporter 520,
wherciu Kriskl Lad obtained a verdict
of $259 0U against tho -company for ma
In 181 a great ilood came down the
Piatte river at tho time of the breaking
up of the ice, and tlw ico formed a dam
against the o. & R. V. R. R. Co's bridge
across the Platte river at Valley, caus
ing ;ho icG,-saud and water toiiow over
the adjoining laud and damage and de
stroy a- large amount of property,
anmng v,h'ch was the mill property of
J. P. Brown. Brown brought suit for
the damage doue to his property, alleg
ing that tne damage was caused by the
faulty plan aud construction of tne
railway bridge aforesaid. The case
was tried in the district court before G.
W. Post, and taaeu to the supremo
court by the compauy, and there re
versed because the second instruction
to tbo jury was erroneous. Judge Cobb
wrote tho opinion of the court and laid
down the law relative to the liability of
the company iu a very explicit manner.
Tho case returned to district court
for trial, aud was then heard before A.
M. Post, and Brown a second time won
his case, but the compauy again took it
to the supreme court, but Pust instruct
ed the jury so well that the principal
error relied on by the company and the
only one discussed by the court was as
to wnetner tne evidence was sumcicnt
to sustaiu the verdict, and Maxwell af
firmed Post while Cobb dissented on
the question of tho sufficiency of the
evidence alone. Both judges adhering
ta the law as laid down in the same case
in 14 Neb.
A few years later a like flood came
down the Platte, the ice and water
again damned up and formed gorg
es against and above the bridge, re
sulting in the overflow of the land
owned by one McCleueghan, and caus
ing him great damage. McCloneghan
sued the company for the damages done
him by said flood and the trial was had
before A. M. Post in district court, and
although he had correctly tried the
case ol Brown vs. the company and had
correctly stated the law of liability of
the company for the erection of said
bridge iu instructing tho jury in that
case, yet in instructing the jury in tho
McCleneghan case upon tho same ques
tion he uot only failed to follow his for
mer instructions which even theraib'oad
company did not urgo in the supreme
court was en oneous, but goes so far be
yond the law that Reese in writing the
opinion hich Cobb and Maxwell con
cur in, said, "We not only think this
instruction fails to state the law cor
rectly, but that it states it incorrectly.
In O. & R. V. R. R. Co. vs. Brown, 14
Neb. 170, a case quite similar to this,
aud growing out of the construction ot
the same bridge, Judge Cobb, in writ
ing tho opinion of the court stated tho
law of liability," and then Reese adds:
"This rule of law was adheied to in the
same case, 10 Neb. 100, by Judge Max
well aud by Chief Justice Cobb, at page
Did Judge Post simply follow the su
preme court in the first case in instruct
ing the jury, and not express his own
opinion of the law until ho instructed
the McLlenegbnu jury ? Had he come
to the conclusion that his pre eminent
fitness for high judicial place would
cause the supreme court to reverse
itself because he had reversed himself
and it, or did ho see iloatiug iu the dis
tance a possible promotijn? These
3uestions can ouly be answered by
udgo Post or possible conjecture. The
case was unanimously reversed and
again tried in tho district court, McCle
neghan getting a large verdicD on tho
In tho case of Chollette vs O. & R. V.
R. R. Co., 20 Neb. 109, Post is reversed
by the unanimous opinion of the su
preme court for directing the jury to re
turn a verdict in favor ot the company,
which he did before ihe company had in
troduced any evidence whatevtr. Post
virtually held that as said company was
operated by the U. P. Ry, it would be
exempt from liability for personal in
juries caused a passenger by negligence
of iti trainmen. Tho supreme court
thought otherwiso, and 011 the second
trial of the caso in district court the
woman obtained a verdict for $4 000.
Ip tho ease of the O. N. & li H. R. R.
Co. vs. O'Dnnoell, 22 Neb. 475, it ap
pears that ODonuel had sued the com
pauy and obtaiued a verdict for $5,500
in district court before Post, and that
this verdict was set aside by Post and
a new trial granted because the evi
dence did not sustain it. On the second
trial O'Donnell obtained a verdict for
$5,000, and Post refusing to set the sec
ond verdict aside delivered a written
opinion in which he found that O'Don
nell had been guilty of gross aud culp
able contributory negligeac, yet refused
to set aside the verdict although the
law made it his duty to do so, and there
by compelled the company to take the
case to the fiupreme court. The court
iu its unanimous opiuion by Ruesesays:
"It is conceded that the first verdict
was set aside for the sole reason that
tho evideuce was not sufficient to sus
tain it, and that tho evidence upon that
trial was substantially the same as 0 1
tho last," page 477 and on page 481 is i
luriher said, the verdict cannot, there
fore, be molested, as not beinir sus
tained by the evidence." Even Judge
Cobb, wlm is by some thought to be
a rauroau juoge, again sits uown upon
Post. The opinion of Jndco Post was
transmitted to the supreme court in the
hope 01 aiding in a correct decision of
the case, but the court unanimously
fiud that the rvideneo to amply sufficient
and that Judge Post's view thereof is
Tho case of tho B & M. R. R- Co. vs.
White, 28 Neb. 100, is one in which the
company had the right of wayover the
farm of a widow, Mrs. Whitft, appraised
in condemnation proceedings, tho jury
of commissioners appraising her dam
ages at the sum of $975.00, and she ap
pealing to tho district court. The caso
was heard bebre Post, and the willow's
attorneys a.-k Po-t to give the jury the
following instructions, to-wit: "If you
rind that the plaintiff's damages exceed
the sum of 973., then you will add to
such sum is you may find to be ber
damages interest thereon from the 3!tl
day ol June I80O, at 7 per cent annum.
Maxwell delivers the unanimous opin
ion of the court, and says oa pages 171
172: "It seems that this instruction
was shown to the attorneys for the rail
way company, who protested against
giving the same, as it would apprise the
jury of the amount of the award of the
commissioners, and the jiu'g. in defer
ence to their protest, withheld the same,
as he claims, upon n agreement that if
the verdict exceeded 1 975.(0. interest
would be added to the amounttnereof."
The court goe? on to show lhat as Max
well says, ,-In a number of cases this
court has neia, that where the verdict
exceeded the award the land owner was
entitled to interet. Sioux City, etc R.
Co vs. Brown. 13 Neb. 317; A. & N. Ii.
R. Co. vs. Plant. 24 Id. 130." The first
of these cases having been decided be
fore Judge Post became a district judge.
On paje 174 the court says:
"Mrs. White therefore was entit'ed to
interest ou the verdict and the instruc
tion ia question should have been given.
It was evidently withheld as a supposed fa
ror to the railway comoany, aud while we
hope that in no case hereafter it will be
repeated, yjt we must accept the state
ment of tho judge that the aaeement
was made as therein setfoilh. No doubt
It was entered iuto with the best inten
tion and as a means of obtaining a fair
verdict, but all proceedings relating to
a trial should be transacted publicly in
open court. Tho law has no favorites.
Equal justice to all being its motto."
Ail of you havo doubtless seen jostice
pictured out as a Goddess having her
eyes blindfolded so that she cannot see
or know the person applying for justice,
in her extended hand she hold tho bal
anco scales of justice. tht she may only
know by the sides of the balance which
tips downward, to which party the judg
ment belongs. Yet this good old party
which believes the railroads df tho state
of Nebraska have "undue influence" in
her courts, have nominated as their caa
didate for Supreme Judge, a man who,
notwithstanding his solemn oath of of
fice, which is part of his political plat
form, his torn the hoodwink from the
Goddess of Justice and looked to see in
which side of the balance scales sits the
railway's'side of the case, and has then
withhold from the widow's side of the
case as, "a supposed favor to the rail
way comr any," an instruction which
the SuDreme Court as long ago as 1883
had decided ought to have been given.
The verdict of tho Supreme Court has
been rendered, and wo appeal to the vo
tres of Nebraska to pronounce sentence
approving the verdiet.
We Invite the attention of our readers
to the following letter written by Judge
Crites before the independent judicial
convention at Valentine. Crite3 was a
candidate for the independent nomina
tion, but was defeated by Mr. Har
baugh. Though a candidate in the
convention, and fairly defeated by Har
baugh, this man Crites is now dung
bis best to defeat Harbaugh. The
spectacle of a man trying to get an in
dependent nomination for judge and at
tho same time getting railroad passes
for a democratic convention is certainly
ref rcshin g. Mr. Harbaugh 's republican
opponent, Alfred Barlow, of Chadron,
was one of the signers of the Chadron
veto petition to Boyd, and is local
attorney for the Elkhorn road.
There are some phrases in the Crites
letter which rival even the matchless
splendor of the Roggen Epistle. It ap
pears that there is a "gang" that the
judge from tho west end is not averse
to using his "good stuff" in order to
"down" Bro. Harbaugh and lhat he
gets passes "all in a lump" to demo
cratic state conventions.
With the above facts and the follow
ing letter from Mr. Crites, the voters of
the Fifteenth district need not go astray
on election day. The werd democratic
is supplied in brackets to make the
tucking clear. The independent state
convention had already been held when
the letter was written, and the person
addressed is a democrat:
Chadron. Neb , Sept. 10, 1801.
My Dear Sir: Inclosed herewith I
haud you transportation for Messrs.
Babcock and Raum, from Harrison to
Valentino and return, also check pay
able to your order to cover their hotel
Yo t may say to them that these tick
ets represent my own "good stuff" and
aro furnished them, not lor the purpose
of influencing their action but on tho
theory and bolicfthat they have ahead v
made up their mind to favor me in that
convention. I believe I havo got Bro.
I have got transportation to the
democratic state convention all in a
lump. We shall go down on the even
ing of tho 10th, and another delegate
from Sioux county should bo at Craw
ford that day in time to take the B. &
M. south with the rest of the "gang."
I may have transportation "for you
over the Elkhorn to Crawford and if it
comes I will send it to you. I am not
certain yet whether I can get away or
not on -iccount of court.
A. W. Ckites.
POLK COUNTY INDEPENDENTS.
The independents of Polk county have
placed an exceptionally good ticket in
field. It is as follows:
For treasurer. N. Mackon: countv
clerk, S. L. Burlimrame: sheriff. Sidney
Miller; county judge, W. E. Hurst;
cierK 01 district court, li. r . lirown;
county SUDerintonrlftnt. Wm. F. KeDner:
surveyor, O. W. Barnes; coroner, W.
aichoi; county commissioner, south
east district, Wm. J. Marquis.
This ticket should be elected by a
rousinir maioritv. and we have no
doubt it will be. It is composed of
good men from top to bottom, and its
success means', a clean aiid . honest ad
ministration of Polk county affairs for
the next two jears. The Alliance and
K. of L. should pull together. If there '
are any men who are working their
own scnemes, ana underhanded y
knifing part of the ticket, as i some
times the case, they should be signally
rebuked. The Interests whi.-h nrn ex
porting of opposing a ticket often form
an admirable index as to its character. '
The farmers should unitedly snpport a
ticket that is opposed by the boodlera
and usurers. i
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