THE
, Canaolldition of the
Farmers AllianceSebraska Inflepcndcnt
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A MISTAKE
Some days ago, an intorview with
Hon. W. H. Dech appeared in the
World-Herald in which he outlined a
plan for the independents and demo
crats to organize the legislature. We
felt inclined to take exception to his
extreme liberality toward the demo
crats, for he proposed to give the dem
ocrats the chief officer in both houses.
When we mentioned this matter to Mr.
Dech he at once replied that if the
World-Herald made him express such
views, there had been a mistake some
where, for he proposed that the presi
dent pro-tem of the senate be a demo
crat and the speaker of the house an
independent,
This relieves Mr. Dech from cause of
criticism. With this and a few other
amendments the plan outlined in the
interview is certainly a good one, and
may meet with general favor.
OUE OABT00N.
Through the kindness of Messrs. Cox
and Bushnell of the Lincoln Evening
Call we are able to present our readers
a cartoon which appeared in the Call
of December 7. We consider it a hit.
By way of explanation we will say that
when the Journal came out in her
"new clothes," December 5, the editor
made the grave announcement that:
"As to the future: The Journal will
be just as frank and courageous in
expressing lis opinions as in the past."
The old lady's fright at the appear
ance of the three mice,G. W. Holdrege,
State Printing and Libel Bult, scamper
ing over her floor, well represents the
Journal's courage in the past, and may
be safely counted to represent it in the
future.
We will not be able to give very
much of a report of the Grand Island
meeting next, but a full report week,
Wff&r thflJjdlQwjBg., week,
commodity, cross the (imaginary)
ACT A8 A UNIT.
There is one homely adage that every
independent member-elect of the com
ing legislature will do well to paste in
his hat: "In Union There is Strength."
"Stand together" waj the war cry of
the people two years ago. These
words should be burned into the brain
of every man who comes to Lincoln
next month to represent the people's
party. There is much doubt as to
what the independent members can do,
or should do, or will do when they
come to Lincoln. Of course there are
plans proposed. Combinations are
suggested. Leaders and editors un
burden themselves of their wisdom..
Secret conferences are held in which
men look mysterious and talk low.
But still the fact remains, that no defi
nite plan of action has been decided on
or can be decided on till the members
themselves come together. They
alone have power to act. There is one
thing that each and every individual
member can and should determine:
That come what may, the independent
members will act AS A unit, that they
will stand together as a band of
brothers, that they will patiently hear
the ideas and plans of all, that they
will extend to all the fullest confidence,
and then be governed by the best judg
ment of a majority. This is the only
safe course. It Is the only road to
success.
. A MODERN EPIC
The Kearney Hub and the Lincoln'
Evening News are engaged in a merry
war over Senator Prddock. The Hub
is fully impregnated with the idea that
Paddock is a great and good man, a
sort of a "Cinclnnatus cof the West"
considerably modified and worked over
to suit g. o. p. conceptions of patriot
Ism. And the Hub persists in singing
his praises on every available occasion,
In loud though not very melodious
strains.
On the other hand, our esteemed
contemporary, the Evening News, has
the unparalled audacity to write
Paddock down as a very ordinary sort
of a scheming politician. Thereupon
the Hub in a state of mind bordering
on hysteria cries out. "Great God!
Can such things be?" It then proceeds
to intimate that every editor who dares
speak slightingly of its idol, is a politico-literary
"foot-pad, and assassin of
character."
Nothing daunted the News returns
the fire In the c following perspicuoup,
and felicetous style:
"Every man, woman and child in
cluding newspaper editors who has
followed Mr. Paddock's course in the
senate of the United States knowns that
the senator has been like a weed,
swayed this way or that by every
changing breeze. Without a settled
political conviction and utterly lacking
in courage and force, he has taken a
decided stand on no important public
question. He has pandered to the
democrats and independents and to al
most, every class of people. He has
trimmed his sails to every veering
wind. He has been a trimmer and a
time server. Elected as a republican
he has proven false to his party. Week
kneed, vacillating, afraid to take a
manly, straightforward stand on any
issue, an artful dodger, and a political
sycophant, Senator Paddock hai for
feited the respect of all staunch republicans."
What the Hub will do in answer to
this terribble arraignment of its poli
tical god is yet to be seen. When Edi
tor Brown sees the man, whose name
he used to carry at the head of his edi
torial columns alongside that of the
magnetic statesman from Maine, set
down as a "weed, "a "trimmer," a "time
server," "false to his party," "week
kneed," "vacillating," "a dodger and
political sycophant," his wrath will be
terrific. Ho may astonish the matter-of-fact
world by emulating the deeds of
ancient heroes. He mav charter a flat
boat, man it with Col. Eaton's post-
office crew, fill its hold with "pure
food" of the Paddock brand, launch it
on the turbid bosom of the mighty
Platte, and sail away like Agamemnon
of old to seek his emeny. He will sail
down the Platte, scaring the wild geese
into clamorous flight, ascend the dark
and treacherous current of the Salt,
and anchoring just below Kendall &
Smith's famous mill-dam, disembark at
to the head of his serried columns seek
his enemy, the ruthless assassin of
character, in his very den and battle
do heroic.
Here we must pause. Our imagina
tion is too frail to picture the mighty
combat or foretell its tragic results.
We leave that task to one more gifted
and better acquainted with the muses,
our friend Col. Calhoun of the Herald,
trusting that he will find In it a sub
ject worthy of his genius and write it
upin the form of a modern epic.
MEETING OF EXECUTIVE BOARD-
The executive committee of the
State Alliance met at the Lindell hotel
on Tuesday, December 13. All the
members were present as follows:
General Van Wyck, B. F. Allen, E. L.
Soderman, J. N. Gaffin and Allen Root.
lecturers Dech and fan-child were
also present. The board is still in
session as we go to press. All the
members report the prospects of the
alliance to be good.
THE RAILROADS IN LAW
Constitutional Provisions, Statutes and Supreme Court Decisions Showing the Legal
Status of Railroads in General, anl Particularly in Nebraska.
in
Attend the Grand Island meeting
and catch a new inspiration.
line I To make this clear, let us wuus mu -
Tha twwti1 nt NbTki subscribe now.
THE 8TATUS OK THE RAILROADS IS NEBRASKA
The constitution of Nebraska adopted in 1875 contains the following provisions
regarding railway corporations
Sec. 4. Rates of charges. Railways heretofore constructed, or that may
nereaiter oe constructed in this state, are Hereby declared public highways, and
shall be free to all persons for the transportation of their persons and property
thereon, under such regulations as may be prescribed by law. And the legisla
ture may from time to time pass laws establishing reasonable maximum rates of
charges for the transportation of passengers and freight on the different rail
roads in this state. The liability of railroad corporations as common carriers
snan never ne limitea.
Sue. 7. Abuses to be regulated by law. 1 The legislature shall pass laws to
correct abuses, and prevent unjust discrimination and extortion in all charges
ox express, teiegrapn, ana rauroaa companies in this state, and enforce such
laws by adequate penalties to the extent, if necessary for that purpose, of for
feiture of their property and franchises.
In accordance with this constitutional provision, the legislature in 188a en
acted a law to fix maximum rates of fare for passengers. In 1887 this act was
replaced by the following act which is now in force:
Section 1. Charg-ea for transportation.! It shall be unlawful for any rail
road corporation ODeratinr. or which shall hereafter oDerata. & railroad in this
state to cnarge, collect, demand or receive lor the transportation of any passen
ger over ten years of age, with baggage, not exceeding two hundred pounds in
weight, on xny train over Its line of road in the state of Nebraska, a sum ex
ceeding three cents per mile. (Amended 1887, chap. 59.)
In 1881, the legislature of Nebraska exercised its right to establish maxi.
mum rates of charges for transporting freight. The law passed at that time
provided that railroads in this state should never charge higher rates than
those in force on the Burlington and Missouri River railroad at that time.
While this law did not give the people any material relief from railroad extor
tion, it was a full recognition of the state's right to establish maximum rates.
In 1881, an amendment to the constitution providing for a railroad commis
sion was voted on by the people and overwhelmingly defeated. Notwithstanding
this fact the legislature of 1885 created a commission consisting of three state
officers. Its powers and duties however were so limited, that it was of no force,
eyen if its members had desired to accomplish anything.
In 1887, this law was replaced by another modeled after the plan of the in
terstate commerce law. It provided for a board of transpor:ation consisting of
five state officers. The powers and duties conferred were somewhat wider, and
the board could have relieved the state from the burden of extortionate rail
road charges, if its members had so desired. The most important section
the law of 1887 is the following:
"All charges made for any service rendered or to be rendered in the trans
portation of passengers or property as aforesaid, or in connection therewith, or
for the receiving, delivery, storage or handling of such property, shall be reas
onable and just, and every unjust and unreasonable charge for such service is
prohibited and declared to ba unlawful.
This law further forbids unjust discrimination, and defines the duties and
powers of tbe board at great length.
POWERS OF THE BOARD OF TRAKSPORTATION.
In July 1887, a case was brought in the supreme court of Nebraska to test
the constitutionality of the act of 1887. It was the case of the State vs. the F,
E. & M. V. R. R. Co , Attorney General Leese appeared for the state, and he
pressed the case to a hearing. Chief Justice Maxwell delivered an opinion in
which he went over the whole act construing and explaining its provisions.
Regarding the right of the board to fix or reduce rates he said:
Here is an act which declares that all charges shall be just and reasonable,
prohibits and declares unlawful all unjust and unreasonable charges; which re
quires schedules of such just and reasonable charges to be posted for the use of
the public, and prohibits an advance in rates except upon certain conditions;
which prohibits any preference in favor of or against any person or place.
These are broad powers. They are not to be restricted. Such powers were
conferred for the express and declared purpose of fixing charges which shall be
reasonable and just, and prohibiting unjust and unreasonable charges.
Such board is to determine in the first instance, at least, what are reasonable
and just charges, and what are unreasonable and unjust charges.
If there is discrimination against any person, firm or corporation, it Is the duty
of the board so to find, and to require the railway company to cease its discrimina
tion. To do so the board has the authority to require such railway company to
reduce its rates to a reasonable and just standard. The power to fix a reasonable
and just rate is clearly conferred on the board, as also the power to determine wha t
rates are unjust and unreasonable. The wower of the board,, therefore, to establish
and regulate rates and charges upon railways within, the state of Nebraska.
is FULL, AMPLE AND COMPLETE.
In this decision both the associate justices, Reese and Cobb, concurred.
The decision is perfectly clear and definite. It throws the whole responsi
bility on the board of transportation. If the rates are not reduced, it must be
inferred that the members of the board consider them just and reasonable.
In its report for 1890, the board, after a lengthy discussion of the subject,
actually did declare the freight rates in Nebraska to be low enough, and that
they could not be reduced without injustice to the corporations.
THE GRANGER DECISIONS.
In October, 1876, the supreme court of the United States handed down its
famous decisions in what are generally known as the "granger cases." The
controversy in all these cases was as to the right of states to enact and enforce
laws fixing maximum rates of a charge for service bv common carriers, public
warehouses, inn-keepers, millers, etc.
The first case was that of Munn vs. The State of Illinois. Munn was one of
the managers of a public warehouse in the city of Chicago. The statutes of
Illinois required every public warehouse-man to take out a license. They also
fixed maximum rates of charge for the storage of grain. Munn undertook to
run his warehouse without a license; and to charge rates for storage higher
than those established by law. Munn was tried and fined $100. The case was
taken to the supreme court of Illinois and the decision was affirmed. Munn
then appealed to the supreme court of the United States.
The decision in this case is lengthy and exhaustive. The Illinois law was
held to be constitutional, only two of the justices, Field and Strong, dissenting.
The following are extracts from the decision:
It has been customary in England irom time immemorial, and in this
country from its first colonization to regulate ferries, .common carriers, hack-
men, bakers, millers, wharhngers, inn-keepers, etc., ana in so doing to fix a
maximum of charge to be made for services rendered. To this day, statutes are to be
found in many of the states upon some or all of these subjects; and we think it
has never yet' been successfully contended that such legislation comes within any
ot the constitutional prohibitions against interference with private property.
Property becomes clothed with a public interest when used in a manner to
make it of public consequence, and affect the community at large. When,
therefore, one devotes his property to a use in which the public has an interest,
he, in effect, grants to the public an interest in that use and must submit to be
controlled by the public for the common good to the extent of tho interest he has
created.
Common carriers exercise a sort of public office, and have duties to perform
in which the public is interested.
When private property is devoted to a public use it is subject to public
regulation.
The court quoted at length from the highest English authorities in support
of these positions. A quotation from the first law passed in England for the
regulation of common carriers more than two hundred years ago is very inter
esting as it shows that the necessity for such laws arose frem the same cause
then as now. It reads as follows:
And whereas, divers wagoners and other' carriers, by combination amongpt
themselves, have raised the price of carriage of goods in many places to t xoeb
sive rates, to the great injury of trade. Be it therefore enacted, etc.
The second of the "granger cases" was that of the C. B. & Q. R. R. vs. the
state of Iowa. The state legislature had enacted a maximum rate law, and the
corporation appealed to the supreme court to prevent its enforcement. The
court, in deciding the case, affirmed the right of the Iawa legislature to enact
and enforce a maximum rate for tho transportation of freight and passengers on
railroads in that state.
The following are extracts showing the tenor of the decision:
Railroad companies are carriers for hire. They are incorporated as such,
and are given extraordinary powers, In order that they may the better serve the
public in that capacity. They are therefore, engaged in a public employment affect
ing the public interest and subject to legislative control as to their rates of fare and
freight.
In this case the attorneys for the railroad company argued that inasmuch as
the company had borrowed money to build the road and contracted to pay a
certain rate of interest on its bonds, and as the money needed to pay this in
terest must come from the charges for transportation of freight and passengers,
the Iowa law violated the constitution of the United States in that it "impaired
the obligation of contracts." On this the court held that
When the legislature steps in and prescribes a maximum of charge, it
operates upon this corporation the same as it aoes upon individuals engaged in
similar nueiness.
' THE PLAIN PEOPLE.
At a meeting in Topeka a few even
ings ago to arrange for the inaugura
tion of the new populist governor, the
representatives of the new pirty
passed the following resolutions:
"Resolved, That the recent political
victory was won by the plain people of
Kansas, and was a victory against
mammon monopoly in all its forms,
was in truth but one battle in the irre
pressible conflict between the people
and all that greed, which finds its
most alluring exponent in fashionable
society, with its ostentatious display of
power to spend money for trifles, while
those who earned it starve. Inaugural
ceremonies, carried on by fashionable
society and under its ostentation of
dress and expense, would be exceed
ingly inappropriate and highly dis
tasteful to all friends of genuine social
and political reform; and further
Resolved, That the plain people of
Kansas, who elected the new state
officers, cannot look but with anxiety
upon any indication that their officers
have submitted to the allurements of
that fashionable society which repre
sents ail the enemies of the common
people, and based upon wealth gained
by monopoly, consitutes a dangerous
lobby about the official it may secure
in its meshes; therefore,
Resolved, That we are opposed to
any ball as a part of the ceremonies of
inauguration."
This shows that the populists of
Kansas have got the courage of their
convictions. The republican press is
already heaping a great deal of ridicule
on them for this action, but they can
well afford to endure it. It ought to
commend them to the great plain pco
pie of Kansas. Give us more "Jeffer-
sonian simplicity."
the
re-
THE HAZARD CIRCULAR.
The following is a copy of
"Hazard circular" so frequently
f erred to by reform speakers:
"Slavery is likely to be abolished by
the war power and chattel slavery de
stroyed. Tins, 1 and my European
friends are in favor of, for slavery is
but the owning of labor, and carries
with it the care for the laborers; while
the European plan, led on by England,
is for capital to control labor by con
trolling wages. This can be done by
controlling the money. The great
debt that capitalists will see to it is
made out of the war, must be used as a
measure to control the volume of
money. To accomplish this, the bonds
must "be used as a banking basis. We
are now waiting to get the secretary of
the treasury to make this recommenda
tion to congress. It will not do to
allow the greenback, as it is called, to
circulate as money for any length of
time, lor we cannot control that."
This is said to be a copy of a secret
circular that was issued by an English
banker named Hazard and sent to
American bankers some time in 1862,
We have never had any reason to
doubt the genuineness of this circular.
We have been informed that Horace
Greeley published the circular in the
New York Tribune at the time and
severely denounced it in his editorial
columns, but we have not been able to
verify this, or to secure any other his
torical facts concerning it. If any
of our old-line greenback readers, have
the necessary data, we would be glad
to have them write up the subject.
PROF- 0 VINCENT,
Of the Non-Conformist, telegraphed
on Wednesday morning that he would
be present at the Grand Island meet
ing next Tuesday. Prof. Vincent is an
able orator, and arrangements will
probably be made to have him address
the meeting.
The Hay Springs Review has been
sold to the Eperidan County Democrat.
Our readers will have plenty of room
for marginal notes this week.
"To howl or not to howl." That is
the question confronting republicans
to-day.
Especial attention is called to the
following articles in this issue: Con
gressman Kem's letter from Washing
ton on page 3; "What is Money" on
page 2; "A Voice From the Past" by
Victor Hugo on page 7; and the editor
ial article on "The Legal Statuts of
Railroads."
In a paragraph published three
weeks ago, we gave the names of sev
eral independents who would make
good candidates for the United States
senate. We also 6tated that anyone of
a dozen others would make a good can
didate. Since then we notice the name
of Hon. W. A. Poynter favorably men
tioned by several. Also a friend writes
from Richardson county that Hon. Geo.
A. Abbott should be included in the
list. "Still there's more to follow."
It is certain that thera is no scarcity
of good material. It is also certain
that if every independent in the legis
lature does his whole duty an independ
ent will be chosen.
Let patriotic Americans bow their
heads in shame and humiliation. Let
the stars and stripes be hung at half
mast. Let the Amoricaneagle droop
his wings. "Why?" Read the answer
in the'reportof the Brussels conference!
It was an American who nominated
Levi, the Jewish banker, for president
of the Brussels conference. It was an
American delegate that moved to lay
the American proposals aside and take
np the proposals of the Rothschilds.
The American member of the com
mittee voted for the adoption of Roths
child's plan. The word has gone forth
to the civilized world that the Ameri
can delegates and Rothsohild are work
ing in harmony together.
A DEMOCRATIC ROW-
On the eveniner of December 10, tb.
great tariff reform club gave a dinner
in New York City. All the great guns
of democracy were there, and a large
number of them responded to toasts.
Among the number was Speaker Crisp
who had received a special invitation
to be present He had prepared a speed! m
and given it to the press with the under nt
standing that it was not to be printed
till delivered.
President Cleveland was one of the
first speakers. He made his customary
references to his feelings of responsi
bility, and his desire for the people to
be patriotic at the expense of their sel
fish ambitions and desires. Then follow
ed speeches from Mills, Carlisle,"" Mc-
Millfin. Tom L. Johnson and other?.
Mr. Crisp waited for his name to be
called, patiently at nrst, out wnn grow-
t I , . n Pinallw wKam
lug imusuenuo mwr uu. i uu
it was near midnight, he arose in evi
dent irritation and left the Btage where
he had been seated with the speakers.
His speech was of course ordered not
printed, and his friends are now up in .
arms about it. They say it was an in
tended insult to Crisp, and an affront
to the house of representatives. They
recall the Cght between the Crisp and
Mills factions when the present con
gress was 'organized. They also recall
Cleveland's remark to tho effect that
"the blunders of the present congress
have never been exceeded."
When the row will end or what it
will develop into no one can foretell. It .
may cause Speaker Crisp and his friends
to push a free coinage bill through the
present congres. It is likely to help
Crisp in his race for tne speaKership oi
the next house.
Our old friend Carr of the Lexing
ton Clipper seems to have got his eyes
wide open to the true character of
Holden if we are to judge from the
quite positive that the independents i
the Nebraska legislature ought to com
bine with the republicans instead of
the democrats. In other words, hav
ing been instrumental in electing ihe
reDubllcan state ticket he DrooosesMo
working for the election of a republi
can United States senator. The inde-
nonnun v mm a i a tjy nrnn h nwi nn npn
views to influence him in any way i
sucker, that's all."
The Grand Island Independent says:
"The populists, who complained
greatly about the extravagance of the
old parties, were considerably more ex
travagant in the last legislature, mak
ing more useless and expensive ap
pointments of clerks than any other
legislature before had done. Their
mouth Bayed money but their hand
squandered it lavishly for the benefit
of their partisan friends. We hope
our next legislature will set a better
example."
The writer of the abrve is
a well, to speak mildly and politely,
he is either, a contemptible falsifier, or
a blatant ignoramus. Perhaps h
both. His statement about "uselA
and expensive appointments of clerks'
is just the reverse of true.
IN WYOMING.
Late developments have shown that!
Governor Osborne was fully justified yn 1
taking possession without formality or
ceremony. When the canvassing ..board j
met they proceeded to count in a re-jj
publican majority of the legislature,
regaraiess oi iacts or circumstances.
They then adjourned without canvass-'?
ing the vote on governor: The prob
abilities are that two legislatures will
be organized, and two United Stater
senators elected. Then the Unite
States senate will have to decide br
tween them. &
What is needed above
else, to purify American politics
right the wrongs which afflict l
country, is more genuine manhood. 1
Tue true patriot loves his country!
He sets the welfare of tho whole peo-
pie aDove the selnsh Interests of him-
sell or the class to which he belongs.
He works for the greatest good to the
greatest number. He studies the his
tory of his country and the present
condition oi the people and thus edu-.
cates himself to rightly perforni'Vj1
Personal.
&pcretary Firtle and wifn M,,.nari
on Wednesday of last week from a visit 1 I
to their old home in Iowa. While 1 I
there they attended tho
r. Pirtle's sister. Th
pleasant visit ll
County Clerks Mahn nt ng.i.. vr. II
Fadden of Furnas, and Erirsnn nfJ
Phelps made a call at The AiianceX fl
Independent office while in LinoT'
attenoing the meeting of the county
clerks of the state, ach of these
lemeV8 makin& an excellent
record in his county.
J . M. Quick of Emerald
iTvr n i owulu8 ttmaoce worker
left on Tuesday for an extended via'
Editor Ennis of th
nal is in Lincoln taking treatmel 1
uckvi xa ma near ing,
Hon. J. V. Wolffl la a hr wma
Last week he attends i "
sale in eastern Iowa, and made J
purchases of fine hogs. This wee
attended another
fnw v - Vlftfe
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r"" ; : " a ".-aasas uramoner. jf ass fnrTnj H LUJaJtiTniq f 1
