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About The Alliance-independent. (Lincoln, Nebraska) 1892-1894 | View Entire Issue (April 20, 1893)
THE ALLIANCE -IN DEPENDENT. APKIL20.1893. FOR THE LAWABIDER Sixty-Nine Acts Passed by the Late Lamented Legislature. BjtLa Action of the Ooienior 8ixty-Eglit Become Law EE VETOED HIS OW5 HOUSE BEHT Kreirthtnc from s Mliwnm Rt Bill to an Aot Gorei-nlnc J uetlce of the Pmo Only Ob Brief Mewage to Cong-res. Ill legislature passed sixty-nine tills, forty -three originating in the house and twenty-six in the senate, as compared with seventy-seven bills passed by the previous legislature. Out of the sixty bine measures passed Governor Crounae vetoed only one, house roll No. 172, by XJiggins, providing for an additional judge in the Twelfth judicial district Two years ago Jamas E. Boyd, then governor, vetoed two acts, one the famous Newberry maximum rate bill, the other one being a duplicate bill re lating to licensing of saloons. Governor Crounse was called upon U sign a modified rate bilL lie allowed the street car bill and a joint memorial to congress relating to election of United State senators to become laws without bis signature. However, he vetoed an item of $2,000 for the governor's houne rent in the general appropriation bill. Following is a digest of the acts which received executive approval : House Appropriations. Roll No. 03, appropriating ing 85,000 to provide for the payment of officers, members and employes of the twenty third session or the legislature. Passed with the emergency clause. House Roll No. 183, by R. II. Oakley, of LancaHter, providing that all moneys which may be received by the state treasurer from the 81st day of March, 1893, to and including the the 31st day March, 1803, on account of matricula tion and diploma fees collected from Students of the university of Nebraska, and which by law constitute a special "library fund" for said university, be and the same are hereby appropriated for the purchase of books for the library of said university. House roll No. 182, by Oakley, pro Tiding that the moneys which have been received by the state treasurer since the establishment of the college of law of the university of Nebraska, and all mon eys which shall be received by the state treasurer to and including the thirty -first day of March, 18115, on account of tuition fees collected from the students in the said college of law, be and the same are hereby appropriated to and for the payment of expenses already in curred, and for such expenses as may be incurred to and including the thirty first day of March, 1895, in connoction with the support of the said college of law. House roll, No. 431. by W. F, Porter of Merrick, provides that all moneys that are now or may hereafter be re ceived by the state treasurer, or other state officer, in pursuance and by virtue of an act of congress of the United States, approved August 30, 1800, entit led "an act to npply a portion of the proceeds of the public lands to the more complete equipment and support of the colleges for the benefit of agriculture and the mechanic arts, established un der the provisions of an act of congress, approved July 2, 1862," shall be imme diately paid over by said treasurer to the authorities of the industrial college of the university of Nebraska without further warrant or authority than is contained herein, in accordance with an act of the legislature of Nebraska, ap proved March 10, 1891. Passed with the emergency clause. House Roll No. 105, by Church Howe, providing that the sum of two thousand two hundred thirty-four dollars and thirty -two cents now in the treasury be longing to the library fund of the State Normal school, together with such other sums as may be paid into the treasury as matriculation fees belonging to said library fund prior to March 81, A. D. 1895, be and the same are hereby appro priated for the purchase of books for the use of the library of the state normal school, and providing further that the money should be expended by the board of education of the school. Passed with the omergency clause. House Roll No. 871, by O. A. Felton of Nuckolls, p wides that the sum of $5,000 be and the same is hereby appro priated out of any funds in the treasury of this state not otherwise appropriated, and that the same be placed under the control and direction of the governor of this state, to be used by him or so much thereof as he may deem necessary in employing attorneys in prosecuting all oriiuinal cases wherein the state has been defrauded by its oillcers, employee or tliose dealing with any state institu tion, and necessary expenses connected therewith. The governor shall kevp a just and correct account of the amount of money so extended by him and shall report the same to the next term of the legislature of this state, stating in what Co" said money has Um paid out, the amount paid and what for, and the na ture of the crime charged. Passed with the emergency t tause. House roll, No. 278. by G. a Unpen fuller, of Cheyenne, appropriating out of any funds in the state treasury and not otherwise appropriated the sum of $7.41(3.73 for the relief of SeotU lllut! oounty to reimburse said county for ex pennes incurred in the trial of one tleorgeS. Arnold unn the charge of murder at the adjourned July teriu.l&W, of the district court within and for said county. And the sute auditor U b-re by authorise t draw his warrant upon the Mat irwwurvr tor the aov amount la Uvor of said ikoiU Plur! county. Koiim roll No ft iy V. H. Harry, of Gruely, aproprianiiit oH of the general fund of the idate of Nlra tins sum uf U y and reimburse Uainecwunty for the ntnei Incurred aad the UtuoeV exntnded on the tml of Michael Yorum. ftuwrgency clause. Passed with the ITauje roil No. W. by N. P. Nelson of Dodge, appropriating fa.uw ror me re lief of George Maurer for disabilities con tracted during the Indian outbreak of two years ago. Passed witn tne eraer gency clause. House roll No. 58. by P. IL Barry of Oreeley. appropriating fi.oou ior me relief of Dra Paxton, whose husband, James P. Paxton. was killed bv a fellow whom lie attempted to arrest In Arkaa tas, on April 10, 1891. House roll No. 825, by Augustus Lock ner of Douglas, to give A. J. Arnold an honorable discharge and pay for three months service as first lieutenant of the lecond brigade of Nebraska. The amount appropriated is $373. House roll No. 811, by Casper, appro priates $'55,000 to defray incidental ex penses of the twenty-third session of the legislature. Passed with the emergency clause. TTsinaa r.ill Kn 231 I Vnr snnronri- a teg money to pay the salaries of state officers and omcers ana employes or. itate institutions. Passed with the emergency clause. House roll No. 207. bv the committee on finance, appropriates funds for the support and maintenance of state offices and state institutions. Passed with the emergency clause. limine roll No. 543. appropriates funds to pay miscellaneous items of in debtedness owing bv the state. Passed with the emergency clause. Chapter 8-Clvtl Right. Senate file. No. 44.by Moore Amends sections 817 and 818, chapter 8, civil rights, consolidated statutes; by provid ing that all "persons" shall be entitled to the same civil rights, amends section 818 by reducing the maximum fine from $200 to $100, and strikes out the part of the penalty relating to Imprison ment, i'assed witn tne emergency clause. Chapter 8 Courts. House roll No. 138, by John C. Wat sonThe bill in part is as follows: Ine governor or tne state, immediately upon taking elTect of this act, shall ap point three persons, who shall have at tained the age of thirty years and are citizens of the United States and of this state and regularly admitted attorneys at law in this state, and in good stand ing of the bar thereof, as commissioners of the supreme court. Beo. 2. It shall be the duty of said commissioners under such rules and regulations as the supreme court may adopt, to aid and assist the court in the performance of its duties in the disposi tion of the numerous cases now iwnding in said court, or that shall be brought into said court during the term of office of such commissioners. Sec. 8. The said commission shall hold office for the peried of three years from and after their appointment, dur-, ing which time they shall not engage in the practice of law. They shall each re ceive a salary equal to the salary of a judge of the supreme court, payable at the same time and in the same manner as salaries of the judges of the supreme oourt are paid. immediately after the bill became a law the governor appointed as such com mission, Robert Ryan of Lincoln, Judge Irvine of Omaha, and John M. Ragan of Hastings. The labors of the commission are already being felt in advancing the business before the court and have proven highly satisfactory. Passed with tlu emergency clause. House roll, No. 122, by A. J. Cornish No person shall be admitted to practice as an attorney in the supreme and dis trict courts of this state hereafter, un less such person shall have previously studied in the office of a practicing at torney for the period or two years, and shall pass a satisfactory examination upon the principles of the common lw, under the directions of the court to which application is made, or is a regu lar graduate from the college of law of the state university of Nebraska, and it is shown to the satisfaction of said court that such applicant sustains a good moral character, and repealing seeuon 277. Chapter O Corporations. Senate file No. 6, by Packwoqd All railroads touching the same point in this state or at some near point where freight is received or delivered, shall build and maintain transfer switches for common use in transferring freight in car load lots from one railroad to an other and forward all such freight, pro vided, that the railroads interested may apply to the state board of transporta- lion io ue reueveu oi una uuty in any case where its performance is unusually burdensome, and if upon a personal examination of the locality where the transfer switches are to be put in use, and taking testimony of persons residing in the local ity, by "the secretaries of such board, they find it unjust and unreasonable to require the building of such transfer switches, then such board may relieve such roads of such duty, and that evi dence from any locality along the lines of roads interested Bhall be considered by the said board and be coiupctcnt tes timony in such case. Sec. 2. The railroad company at point of shipment shall make a through waybill to point of destination and the rate to be charged for such shipment shall not bo the sum of two or more lo cal, but shall bo apportioned between the different roads according to mileage of each nw-essiirily usd tn such ship ment and shall be the rate for the short est mileage distance by sny railroad be tween point of shipment and point of destination. Sec, 3. No railroad shall make any extra charge for delivering or reviving such freight in car lots ou such transfer switch. rvo. 4. The cnt of building the trans fer switches slutll be borne equally be tween the different ronda which are con nected by the sw itches. Sec. ft, Uailroxd citinnn!ee refusing t comply with the piovmionsof this act within suty days from its taking etlevt shall I iWnu'd guilty of a tuixdt'mcanor and subject to fine f not thkll fx) nor more than $"H tt each and every day that such romp mlea shall lu-glcct or rluw. rW. fl. The fine may be Impomd by any court having ioin'ttut jurbultv tion, rWo. ?. Alt tlnef derived shall be paid into the general vl fund of (he sute. Uoum Mil Nrrb7j'', C. Wtn, if Ut'M), knutt as Wutaoii'e "antt rv- U bill" Senate file No, 112, by Moore A mmln section (tofl. chapter 9, entitled "Corporations." Boards of trustees of any incorporated education institution shall have power also to borrow and to secure loans by mortgages or trust deed executed by their president and secre tary upon their college or university buildings and grounds, by consent of stockholders when such institutions are owned by stockholders. Passed with the emergency clause. House roll No 83, by the committee on railroads Fixes maximum rates to be eharged by railroad companies for traspofting freight Railroads built since January 1. 1889, or before Deceui ber 1899 shall be exempt from the pro visions thereof until December 31, 1899. Whenever any railroad company shall show that the rates prescribed are un just such road shall be exempt All such actions shall be brought before the supreme court. In no case shall the rates be raised higher than that charged January 1,1893. The board of transpor tation has power to reduce rates in this act whenever it shall seem just and reasonable to a majority of said board. The board shall not change the classifi cation so that the rates will become higher than fixed in this act Any com mon carrier subject to this act violat ing or omitting to do any act re quired shall upon conviction thereof be fined in any sum not less than $1,000 nor more than $",000 for the first offense ; for the second offense not less than $5,000 nor more than $10,000, and for the third offense not less than $10, 000 nor more than $20,000, and for ev ery subsequent offense and conviction thereof, snail be liable to a fine of $25. 000; provided that in all cases under this act either party shall have the right of trial by jury. Senate file No. 210, by Smith Amends sections 624. 625 and 626, con solidated statutes. The articles of incor poration must fix the termini of the street railroad which the company pro poses to construct and describe the precise route between such termini, which shall be one continuous line from one terminus to the other, and also name the streets through which said railway is to be constructed, said arti cles shall also state the length of the railway so proposed, which shall not be authorized or con sented to by the electors of any such city, at any one election, to exceed the length of five miles. Ten days before election a plat or map showing the proposed route shall be filed in the office of register of deeds, also whether the railway is to be a single or double track. A majority of the votes cast is required for the granting of a franchise. No street railway shall hereafter be constructed or consent or authority therefore be given by any city or its electors, upon or along any part upon or along which any street of any street in any city, railway has been already constructed, and where any other company or party owns any street railway upon any part of such street it is hereby authorized and empowered to consent to the use of any part of its railway by any other company upon such terms as may be agreed upon by them, provided that no such use shall be allowed or enjoyed without its consent. Provided further, that no authority Jo construct street railway on any street of any city in this state under any fran chise hereafter granted, or consent of the electors of any such city thereto, hereafter given, shall be operative or effective unless the owners of a major ity of the feet front of the real property abutting upon the street or streets upon which it shall be proposed to construct any such street railway, shall in writing consent thereto, which written consent shall be filed in the office of the city clerk of the city wherein such street is situated before any election to give the consent of the electors of such city shall be called. Senate file No. 127, by Babcock Amends the act entitled, "An act incor porating metropolitan cities, and de-! fining, regulating and prescribing their duties, powers and government,' com monly known as the Omaha charter. Passed with the emergency clause. j Chapter 10 Counties. House roll No. 420, by J. B. Farns- worth. makins the boundary of Keya Paha county w a Chapter 18 Decedents' Estates. Senate file No. 163, by McDonald- Amends section 1300, chapter 12, consol idated statutes, entitled "decedents' es tates," by giving guardians of minor children the same authority conferred on administrators of intestate estates to mortgage any real estate belonging to such estate. Passed with the emer gency clause. Chapter 14 Drainage. House roll, No. 179, by Keckley of York, to provide for the ditching or draining of swamp land and to protect the same by levees. The bill prescribes that when any person, who is an owner or occupant of swamp lands shall desire to construct a ditch across the lands oi another, where no mutual agreement can be reached between them that the former can file a petition in the district court setting forth the necessity for the same. . Service may be had upon non-resi dents in the same manner as provided for in other eases in the district court Chapter 18 Illtihways. Senate file No. 63, by McCarty Re peals section 1832, chapter 18. consoli dated statutes and enacts the following in lieu thereof: -within twenty days after the day is tl xed by the clerk as above provided, a uotice shall lie served on each owner or occupier of land lying in the propwed highway, or abutting thereon, shown by the numerical indexes in the register's otlU-e, who rodde in the county, in the manner provided for the service of original notices in actions at law ; such uotice shall ut) be published for four week in some mwspa)er pub Uhed in the county, if such there be; or if there be no ueHiiHr published in the county, then such notice shall tie (MMtetl in at leaMt three publio place along the line of the pniom'd rood, w hu h notice may be in the fallowing form:"' S imu file No. i by Everett Re- JNaa la section lHi7, chapter IS, consoll Uted statute, entitled "Highways' and nacU the (oUowtn in lieu thereof- "If tliu apal has l'vii titkvn by the cUiui nut and he fails to recover 011 his appeal on amount greater than the amount allowed him by the boa id he shall pay lb ccl occasioned by th appeal, but if lie recovers an amount greater thttu thai allufred him Uv the board the county snail in ail cases pay tne cosm. If the petitioner for the roitd appeals he mut pay the costs unleea the claimant recovers a lees amount than was allowed him by the board, in which case the costs shall be paid by the claimant, judgment shall be rendered in accord ance with the foregoing provisions." Passed with the emergency clause. Senate file No. 35, by Thomsen Amends section 1905, of the consoli dated statutes, by dividing the town ship road fund as follows: "All of said fund shall be held by the township treasurer subject to the order of the town board, excepting an amount not to exceed one-fifth of the entire fund aforesaid, shall be paid by the town treasurer to the overseer of the district from which such tax is collected The amount under control of the town board as aforesaid shall be expended for the general benefit of the township, for road and bridge purposes." Passed with the emergency clause. Senate file No. 121, by Correll The oounty board of any county is author ized to levy a special tax not exceeding five mills on the dollar of the valuation of road districts to pay outstanding road district warrant and to liquidate indebtedness against such road districts, said levy to be made at the board's reg ular annual meeting in July, the tax ' to be collected by the county treasurer, in the same manner as other county taxes are collected, and all warrants to be paid by the county treasurer in the order in which they appear on his war rant register. Annual levies may be made until the indebtedness is paid. Chapter 21 Irrigation. Senate file No. 194, by Babcock Amends section 2082, chapter 24, con solidated statutes of 1891. The right to the use of running water may be ac quired by appropriation by any person, company or corporation, organized under the laws of Nebraska; provided, that in all streams not more than twenty feet in width the rights of the riparian proprietor shall not be affected by the provisions of this act. Sec. 2. All laws relating to irriga tion canals shall be deemed applicable to any canal constructed for the pur pose! of developing water power. Sec. 3. Amends section 2037, chapter 24, consolidated statutes to read: "Water appropriated from a stream shall not be permitted to run into any other stream than that from which it is taken, unless such stream exceeds in width 100 feet, in which event not more than 75 per cent of the regular flow shall be taken. Sec. 4. Amends section 2059: Owners of land along any ditch constructed for the purpose of selling water for , irriga ting are entitled to the use of water in the order of their location ; providing, that in times of scarcity the water shall be distributed equally to consumers, and the price reduced in proportion to re duction of supply. Passed with the emergency clause. Chapter 85 Libraries. Senate file No. 55, by Tefft -To enable the state library and the Nebraska state historical society to augment their re spective collections by effecting exchanges with other societies and institutions, the state of Nebraska here by donates to the state library 200 bound copies of each of the several publica tions of the state, its officers, societies and institutions, except the reports of the supreme court; and to the Nebraska state historical society fifty volumes of the same publications, as the same shall be issued. Chapter 35 Municipal Corporations, House Roll, No. 252, by A. L. Sutton of Douglas. Section one amends section 2609 of the consolidated staxites by tak ing from the mayor the power of ap pointing the water commissioner and vesting him with the power to appoint the chief of police by and with th assent of the council and providing that any of such officers may be removed foi cause. Section two amends section 2612 of the statute. It allows the clerk of cities, $1,000 per annum instead of $750; city attorney $1,200 per annum instead of $600. Section 26u0 is amended by a prohibi tion that the corporate authorities shall not appropriate an amount exceeding in the aggregate the amount of tax authorized to be levied during the en suing year. It also provides that noth ing in the law shall be construed to pro hibit the council from appropriating other money in the annual appropriation bill lor the use of street irrades and bridges. subdivision four of said section is also amended, and relates to the grading of streets and sewerage in the city. To ex ercise the right of eminent domain and to take private property for publio use, such powers to be exercised in the same manner and form as in cases of con demnation proceedings by railway com panies. Tassed with the emergency clause. House roll No. 76. by G. A. Liukart, of Madison, to provide for the incorpora tion of villages situated in two or more counties. The bill provides that a majority of the taxable inhabitants of any village situated in two or more counties may petition the board of any county of which they wpre a part to be incorporated as a village and compels the county petitioned to act upon it the same as it tne village was a part of the county. Justices of the peace in any villages so governed shall have jurisdic tion of the ordinances of said city. The board of trustees is empowered to fill vacancies. Can impose an annual dog tax. Shnll have the right to use the jail of either county. The taxes of each art of the village situated in the two counties shall be certified to the clerk of their respective county. All acts of any village declared incorporated under the proviMous of the act are legal and valid. That any notice required to be published in a certain county, if published in a newspaper of general circulation in the village, such publication shall le legal. The. bill tvieais all acts ami parts of acts iiu'ouitent therewith. Pawted with the emergency clause. Senate file No. 24 by Moore In cities of ! .1,000 or more inliabitanU a woman shnll be appointed by the mayor to the office of Kiiee matron who shall have the care and cunUnly of all women and children arrenUd in such ntun. huch police matron shall lie a Member of the regular police statT. under the tame re strit'tious, and shall receive a ealary of M r uiontli. Senate file No 19 by, Moore, to mend uUlivision 1 section SMlii.oonftoUdatod statutes, by providing that such cities or villages iuay torrow n.onev cr Cxtlau4 on Third I'ig ) ALLIANCE CARRIAGE CO., CIIfCINNATI, OHIO. U 1 Jxefr-fPk 5 eftfcfcsr A CirateX40. r a d d i a n siV " 'J Y'V A i rat) $ -J 1. 1. Yos order ES, CAKR1 AGES. Vir.ONS or HARNESS an w tMe uuii! trou have leea urNewGrandCatalosaefOTlSiB.wluca f :i ikuM.HiilrML It show. over r uihucu 1 1 A ... vit b nrices of vehicles one huwh " ' ----- . .fh 0 Out good-. smctly had-de d fully wraoted fur ... mn, d oar Spiral Spring are warranted ior u year. " . r r MvMixattoBK. Examine our reeoffnizea manuiciurer iov n. - m.mmotn dip .y .1 mwrni - air. 1 uitxrc.v tnrrn B tb worm mat aril iwr enure oihk' . "7 n ALLIANCE CARRIAGE C0..1i-.".--"S3kaaclIinatl, 0. NEW- SPRING. GOODS. Worsted dress goods from 10 cents to $1 00 per yard. DRY GOODS Our stock of wool dress goods Is just beautiful. Ten thousand dollar stock RHflTQ flnrl SHflFS A lrg variety of (rent's, Udle's muiM.tfmni DUU I O ttllU wflUto r, children's shoes. to select from Straw hats from 5e to 11 29 each. HATS and CAPS. Gent's wool and fur hats from 60c to 3 00 each. Our stock of groceries and queensware is always complete. jur constant aim is to give you the best goods at bottem prices. 921 0 street. Opposite Post Office. Frect Schmidt. STAILISHIO 1877. JASJcMXAN&CO. MAIN HOUSE, 20O to 212 FIRST AVE. NORTH. MINNEAPOLIS, MM . PBOPBIBT0B9 OP TH1 Minneapolis ' Sheepskin DSAlSftS AND XPORTSRS. BRANCHESi COUNTRY AND PACKER CHICAGO, ILL. ST. LOUIS, MO. Green Salted BIDES, ' rMlfnVlnfl Tint. DMaA bananas, i j niucs, j 'Pelts, Furs, Wool, Tallow, Grease, Deerskins, Ginsino & Sbnsc Root, 1ST a 139 Untk Sr. 1U Pin St Expo. of Tannery. HELENA, MONT. FINE NORTHERN FURS. f &0Ok?: ? .1" f REFERENCES BY PERMISSION. 8.0UHITV Bank of Minn.j MfNM.Aiou. Mimm. Ft. Dmkoohn Nat. Bank, Cxi.Aao. Ill Montana National Bank, Hbl.na, , Mont. Fmnr National Bank, Qn. at Fall. Mont. FmoT National Bank, S.okam.Fl.jW..h. Nat. Bank or Comm.noi. St. Loui. Mo, Liberal Advances Made on Shipments against Original Bill of Lading. Shipment! Solicited. Wrlit for Circulars. Shipper from thla State Correspond with and Con sign to Minneapolis lluuae. JAMES SCHULZ, Yutan, Nebraska, IMPORTER AND BREEDER OF Percheron and French Draft Horses. Every oris Registered and a Guaranteed Breeder. No Worn Out Stallions, no Culls. Prlrva 1nwrthHn the lowest wbn Q unlit y is considered. All selr-t animals to nuke a cboic from. Come nd be convinced that 1 mean busioess. Long time, mail profits and good horses may b pxiwrtnil. CHAS. TRAPPER & CO., 4 WHOLESALE- Feed & Hay Dealers. Corn in car lot for fepders a specialty. Consignments solicited. Good sales. Prsmpt re turns, Refer to Missouri National Bank. 12th f Hlclcory Sts Kansas City, Mo. J. E. JOHNSON, Manager. M 0.00 . TO LOAN ON FARMS ESTER NEBRASKA AT 6 PR CE5T. interest and a very small commission. Privilige given borrower to pay in installments and stop interest. Money always oq hand. Write or call on us. gTULL B RO S UTH AND N 6ts.. LxINOOIaX, NEBRASKA. WHOLESALE LUMBER ' ' 'I l I. ' .... WTATT-BULLARD LUMBER CO., Omaha; lab: JOHN B. WRIQ HT, Pres. T, E SANDERS, V. Pres. J. H. M'CLAY, Cashier Columbia National Bank - - OF LilNOOUN. NRBRA8KA. CAPITAL - - S25o.ooo.oo. WHEN 1 DOIT "Trv The Burlington." J FRANCI. General Paseeitfef Agent, Omaha ;r i vilT i A. C. 2llfM k. City PesMrtft if.t LincM ( (