n SIOUX COUNTY JOURNAL. CEO. D. CANON, Editor. HARRISON', - - NEBRASKA. REBRASKA STATE NEWS. George Light of Juniata, who la at tending the Hastings Business college, was accidentally shot in the left hand one day last week while examining a loaded revolver. Zeno Brigga of West Point left for Aanapolls, Mo., last week to resume hii studies at the Naval academy. His next visit home will be in June, after which be will go on a two-years' cruise In Pacific water. Thomas J. Majors has begun man damus proceedings In the district court at Auburn, Neb., to compel the rein statement of his son as a pupil in the Peru State Normal school. The case ia act for Oct 9. The new students of the Hastings college were given a reception at tne dormitory last Saturday nightt It was under the auspices of the College band and proved a most pleasant affair. Nearly 100 new students were in at tendance. The 12-year-old son of John Scher wath, living seven miles northwest of Wausa, met with a violent death last week. While alone at home he took down a 38-caliber revolver and foolish ly pointed it toward him. The ball lodged in the stomach. Death resulted in about three hours. The Stanley Brothers, who wer? ar rested near Unadilla a few days ago upon the charge of the theft of some grain, are much in demand. The sher riffs of Cass and Johnson counties are after them with warrants charging them with the theft of a bicycle at Te cumseh and some merchandise at Eagle. The brick works at Louisville were opened last week, after being closed for about two years. The company has been reorganized and will seek to keep the works going winter and summer. They will manufacture building, pac ing, sewer and sidewalk brick. The plant formely belonged to ex-Treasur-r Bolln of Omaha. Henry T. Specht, charged with a criminal assault upon Miss Buckholts of Berlin, was acquitted by a jury in the district court at Nebraska City. The parties belong to prominent Ger man families and considerable interest was manifested in the case on this ac count Specht was 18 years of age and the girl about 20. Last evening while Dan Dovenberger and O. 0. Moss of Brady were trying to settle regarding some exchanged labor a dispute arose and both men be came angry. Moss ordered Dovenberg er off the place and when the latter turned to go Moss struck him across the head wih a heavy stick, inflicting a severe wound. Fremont Green, a boy 9 years old, was run over by a bicyclist during the progress of a fire at Beatrice and seri ously Injured. As he fell his head truck the pavement, cutting a deep gash In his forhead. He was carried unconscious to the home of Dr. Al bright, who attended him. He will re cover. About two months ago a Mrs. Dice of Creston, la., came to Geneva to lslt her daughter, Mrs. A. Chapman. Warren Stanard of Genera met the visitor and married her the following day, and the couple left Immediately for the bride's home at Creston. The couple are about eighty years of age and Stanard is quite feeble. He and his aged bride failed to arree and be is now mai"-'" his way hack to his Nebraska friends. The project of holding a corn car nival at Beatrice the coming month was decided upon last week at an en thusiastic meeting of business men. Sev eral hundred dollars was raised for the purpose and committees appointed. The date will be about October 27. It la proposed to have a flower parade la the afternoon and the carnival prop er In the evening. The business houses Will be decorated within and without with corn, as the fancy and artistic lute of each dictates. A rear end collision occurred at Sut ton last week. The loeal train running west was in two sections. The first ectlons pulled out, leaving the other one discharging freight. The through Denver freight came around the curve. As quick as Engineer Burns saw the local he reversed his engine and he and Fireman Charles Dean jumped off. The engineer was not Injured, but the fire man had his shoulder fractured . Three ears were completely demolished, de stroying large amounts of merchand- 1 Attorney General Smyth has written letter to Governor Holcomb in which he anticipates an adverse decision in the maximum freight rate case. He ays he believes that the state's inter eats in the case were betrayed by those whose sworn duty it was to protect the state, but exonerates John L. Webster from blame In this. The letter inti mates that one of the principal wltnes ee for the state really gave testimony for the roads, and that witnesses for the defendant were not properly cross examined . It suggests that the state's Interests might have fared better if it had been without representation at the hearing of the case. Attorney John O. Yelser of Omaha cored a point In his fight against the Nebratka Telephone company last Fri day. He went before Jurlge Scott and attained an alternative writ of manda mus against the telephone company, requiring It to furnish a telephone in Trtwr'g office In the Life building for fS per month rental, or show cause October ft. The usual rental Is $10 for metallic circuit wire and $5 per onth for a scflnod .circuit. ' STATE'S CIVIL SUIT BE6UN. ATTORNEY - GENERAL TRYING TO RECOVER STOLEN MONEY, The Bondsmen Contend That Bart ley was Not Stata Treasurer, That His Bond was Illegal ana That They are Not Liable. Omaha, Neb., Oct. 2. The case of the State of Nebraska vs. ex-Treasurer Joseph S. Bartley and his bondsmen to recover the sum of J555.790.C6, the amount of the defalcation in the state treasury, was begun in the Douglas county district court yesterday. The preliminaries of selecting a jury was began a day er so earlier, but now the real contest is on. Attorney General Smyth made a brief statement of the state's position. It was in effect that the suit was brought to recover from his bondsmen the amount of the defalcation of the ex-state treasurer. The embezzlement was from two funds, the permanent school fund and the general fund. The contention was that the shortage should be secured from the bondsmen, the attorney giving no intimation in his statement that there was any doubt of the legality of the bond. On the other hand the counsel for the defendants set up as the defenso that the bond was illegal. They main tain that it was signed on January 3, 1895, by all the bandsmen except Thom as Swobs, William A. Paxton, sr., and Cadet Taylor of this city. It was pre sented on that dy to Governor Hol comb, who refused to approve. It is alleged that the bond was then taken by state officers to the office of the sec retary of state, placed on file there and then the names of Swobe, Taylor and Paxton were secured. It was again pre sented to Governor Holcomb on Jan uary 9, four days afterward, and was on that day acccepted. The defense argues that the last day upon which the bond could be approved and filed was January 3, and, inasmuch as this was not done by that date the bond was illegal and that according to law Bartley never was state treasurer after that date. Therefore they con tended that they can not be expected to make good the shortage of Bartley as an Individual, since the bond was furnished his as state treasurer. In addition to this defense another Is made by Mary Fitzgerald that when she affixed her name to the bond she was insane, and that she never knew j that she had done so. She alleges that her signature was secured within an hour after her husband's funeral, when her mind was unbalanced by grief. At the conclusion of these statemente court was adjourned until this after noon, when the introduction of evi dence was begun. I STATE CAPITAL NOTES. Irrlgatlon Congress Adjourns -Co- Ingto Nashville. Lincoln, Neb., Oct. 2. The National Irrigation Congress adjourned Friday. The next meeting will be held at Chey enne, Wyo. It should have been lo cated at Omaha, and held during the Transmlssissippi Exposition. For several days Treasurer Messerve and others from around about the cap ital have had to go to Omaha as wit nesses in the case against ex-Treasurer Bartley's bondsmen. Governor Holcomb and staff, Senator Allen, Mr. Bryan and others are mak ing arrangements to attend the Nash ville exposition on October 8, which has been designated as "Nebraska Day." The other members of the dis tinguished party are General Barry, General Bills, Colonel Maher, Major Fretchet. The Nashville People have shown great interest in this day, and have been writing and telegraphing about it. The leading newspapers have requested the latest photographs of the party, and are claiming that "Nebraska Day" will easily be the big gst day of the exposition. NEWS NOTES Alexander McDonald has died at San Francisco from injuries sustained by a fall from a train Tuesday. Lon Agnew was defeated by Henry Spanger, a recently graudated ama teur, in the eighth round, at Sacra mento, Cal. j Fred D. Warnecke, president of the People's bank at Kingfisher, O. T., hanged himself while despondent over 111 health. The president has appointed Newton C. Bates, U. S. N., surgeon general and chief of the bureau of medicine and surgery of the navy. Fire destroyed the salt docks of Joy Morton & Co., and the United Salt com pany at South Chicago, 111. Loss, $62, 000. They were fully insured . C. E. K. Rice, 65 years old, who registered In New York at the Grand Union hotel from San Francisco, Tues day last, committed suicide by inhaling fas. The grand jury of Philadelphia Ig nored the bill against Marlon Stuyve sant, charged with the murder of Ma jor W. C. Wilson, the aged librarian, and ordered his discharge. Bills against the mine leaders, charged with riot and unlawful assem bly by B. DeArmlt, as a result of the troubles at Unity, have been Ignored by the grand Jury at Pittsburg. A woman and her four children were found dead by asphyxiation In the West Shore hotel at New York. The woman had evidently killed her child ren and committed Bulclde. She regis tered as "Mrs. Caroline Razlnlus, West Point." In a collslon of electric car? at To ledo, Mrs. T. J. Marlow, Mrs. James T. Whalen, and Miss Nellie Whalcn were seriously hurt, and Miss Mary White, daughter of Chief Justice Walte, sustained Injuries which may prove fatal ADVANTAGES HOW OFFICIALS A. Reasonable and Just Law, "Held Up" A UNITED STATES SUPREME After Four and One-Half Years of Waiting the Court May Hand Down an Opinion. Within another week or ten days the Supreme Court of the United States Is expected to announce its decision on the appeals ia what are commonly known as the Nebraska maximum freight rate cases. It is now about four itid one-half years since the maximum rate law was passed by the Nebraska legislature, and yet the people have had no opportunity to try the law and, if a good one, to reap its benefits, or, if a bad one, to have its defects rem edied. It nas, all that time, been "hung up," so to speak. In the United States Courts. There appears to have been ail the time a cullusion on the part of the officers who were intrusted with its care to delay the proceedings in this very important matter. The history of attempted railway legislation in this state, both in the legislative and judicial branches of our government, (In late years courts have largely assumed legislative functions) forma an interesting chapter in our history. THE ENORMOUS AMOUNT PAID ON FREIGHT. Nebraska Pays Out Millions of Dollars Annually More Than It Should Read the Figures. The 1890 statistics show that for the carrying of freight the people of the United States paid to the railway companies the stupendous and almost in comprehensible sum of $736,793,699.00. This is a sum nearly equal to one sixth of all the capital stock of the railway companies and nearly equal toone ixth of all the funded debt. The capital stock referred to is from three to four time their actual vaJue. It should also be borne in mind that the construc tion of these llnesof public highway, presumably for the"accommodationof the people" was materially assisted by municipal, state and national subsidies, and that it haa been held by the highest courts of the land that they are pro per subjects of Inquiry and legislation. But it is Nebraska rates about which we are chiefly concerned. The railway companies have furnished to the Inter State Commerce Commission facts and figures from their own standpoint, and In the volume of statistics of 1S90, Issued by this Commission upon such data, we find that Nebraska is classified in a group of territory which pays a revenue of ninety per cent over the C06t of carrying the freight. From the statictics given out by the railroads doing business in Nebraska and the testimony given by the railroads witnesses at the maximum freight rale trial in the United States courts it is learned that in 1S93 that the total amount received by the railroads in Nebraska for freight carried within the limits of the state was $14,460,669.00. This amount is exclusive of the revenue for like service received by the Chicago, Rock Island & Pacific, the Sioux City, O'Neil & Western, Missouri Pacific, Sioux City & Pacific, Kansas City & Beatrice and Kearney & Black Hills. If these lines were included in the computation the amount paid for freight hauled within the limits of Ne braska in 1893 would aggregate the sum of $20,000,000, or about $20 for every man, woman and child In the state, or $100 for every elector In the state. But this Is not all that Nebraskans pay. The tillers of the soli ship their products east, and they buy what they consume from the merchants and the merchants receive their goods from the eastern manufacturers, so that the oroduoers and consumers of Nebraska are made to bear their share of the freight charges over all the railroads that pass through all the states from the Atlantic to Nebraska. The result Is that the twenty millions above men tioned constitutes but a small precentage of the whole amount of the freight tax which our people are obliged to pay annually. RATES IN NEBRASKA FORTY PER CENT HICHER Than They Are In Adjoining States, and a Greater Profit Is Made on Our Carrying Trade Than In Any Other Portion of the Union. WTe learn also from the same authority that the local rates In Nebraska zre forty per cent higher than they are in surrounding states, and that a great r profit is made on freight business in .Nebraska than In any other portion of the American union; that, had the maximum freight rate law been allowed to go Into effect. It would not have reduced the average freight charges to as low a point as are the rates in adjoining states. In fact, there are abundant statistics, gathered from the railway that the rreigbt rates In the sorrounding states are In reality twenty per cent lens than what the rales In Nebraska would have been, had the maxi mum freight law been allowed to go into effect. As the farmers harvest their crops quaint themselves with the constant robbery through freight charges which the eastern ownersofour railroads are Inflicting upon them. The rates charged in surrounding states are reasonable and are accepted by the railway com panies as reasonable, hence it requires nothing more than common sense for any man to understand that the rates exacted in Nebraska which are forty per cent higher are highly unreasonable and exorbitant In addition to the generally exorbitant rates charged our people, there is also flagrant and demoralizing discrimination In the arrangement of tariff rates In favor of certain articles as against other classes of articles, one town against another town and one class of shippers against another class of shippers. HOW THE LAW HAS BEEN JUGGLED. Former Attorney-General's and State Board of Transportation's Queer Actions. But it Is not the purpose of this letter to discuss the merit of the law so much, because that that Is well understood by the people of the state; but at this time It recalls to their mind the enormous amount of Jugglery and other sleight of hand performances which the Attorney Generals of this state and the former State Board of Transportation have engaged In and by which inexcusable, if not criminal, conduct have allowed this very Important legislation to become inoperative. The Constitution of the State confers upon the Legislature the follow ing powers: Railroads heretofore constructed, or that may hereafter be 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 legislature may from time to time pass laws establishing reasonable maximum rates of charges for the transportation of passengers and freight on the different railroads in this state. The liability of railroad corporations as common carriers shall never be limited." "The legislature shall pass laws to correct abuses and prevent unjust dis crimination and extortion in all charges of express, telegraph and railroad companies in this State and enforce such laws by adequate penalties totheex tent, If necessary for that purpose, of forfeiture of their property and fran chises." Under the authority conferred by this constitution the legislature of 1893 passed an act, being House Roll No. 33, "to regulate railroads, to classify freights, to fix reasonable maximum rates to be charged for the transporta tion of freights upon each of the railroads in the State of Nebraska, and to provide penalties for the violation of this act." This act was approved by the Governor April 12th, 1893, and as the title Just quoted indicates attempted to classify freights and to fix the maximum or highest rate that could be charged by the roads for the transportation of freight within this state. This law was attacked by the railroads Interested by an Injunction Issued by the circuit court of the United States for the District of Nebraska against the then Board of Transportation of the state, enjoining them from putting the law Ino effect pr In any way Interfering with the roads In the matter of rates. SELECTING A PREJUDICED JUDGE. The Corporations Need tha Court--In Order to Know What the Law Is Must KnowJudges who Administer It Sullivan Six Yeare Ago. For the i.lal of these cases the law officers of the state consented that Mr. Jusice Brewer might come here to bear and determine the prayer of the rail roads for the Injunctions. This, they did In the face of the well known view entertained by Judge Brewer in the matter of the regulation of railroads or other corporations by legislative enactment Judge Brewer's views of all laws of this character wers not at that time In doubt or a matter of speculation on the part of any lawyer in the United States at all familiar with the position taken by htm on many occasions. His views on questions of this character had been very forcibly expressed many times In dissenting opinions which INTERESTING EXPERIMENTS. How long !oes it take a man to think? Prof. Ric'iet. at the recent meeting of the JJritlsh Association, gave the results A his Investigations Into this subject He found that by mentally running up the notes of the musical scale for one or more octaves, and then dlvidlig the total time by the total n urn be of notes thought of, the time taken I r each note was one eleventh of a a'cond. . There are vr .lous ways of arriving at conclusions as to the amount of OF A GOOD WHO ARE DISPOSED TO ENGAGE IN HAVE DEFRAUDED THE PEOPLE. the Enforcement of Which Means Millions of Dollars Saved to the People Eaoh Year, ii Chapter in the Laws of Freight Rate Making Which Every Good and Loyal Nebraskan Should Study and Familiarize Himself With. COURT OPINION EXPECTED. companies' own statements, to prove this season, it la their duty to ac time necessary for realizing any phy sical sensation or mental impression. If the skin be touched repeatedly with light blows from a small hammer, a person may, according to Prof. Rlchet, distinguish the fact that the blows are separate and not continuous pres sure, when they follow one another as frequently as 1,000 a second. The smallest Intervals of sound can be much better distinguished with one ear than with both. Thus the scp arateness of the clicks of a revolving toothed wheel waa noted by one ob server when they did not exceed 60 to LA17 DENIED were a matter of record and familiar to every lawyer who had ever taken the trouble to consult the reports of the Supreme Ct-urt tf the United Stages. In spite ot this notorious fact the legal representatives of the State of Ne braska consented to have him brougnt to this District to hear and determine those cases, in which there was so much involved for the people of this state. The decision was a foregone conclusion If the judge adhered to hie position so often announced and reiterated by him. That he did adhere to his former views on the question wad soon made painfully evident to all con cerned, w hen he decided the cases on all points adversely to the state. In connection with the trial of those cases in the Circuit Court many peculiar things happened that are not generally known by the people. In the pe titions or bills in equity as they are technically known, filed by the rail road companies they allege that the law would, If put in force, reduce their then present charges twenty per cent. This percentage it is safe to say, was arrived at by the companies after a most careful examination of the sub ject by their expert accountants, and it Is equaly safe to say that It is a large as they thought it possible to make It under the facts. GIVING THE CORPORATIONS A BIG LIFT. State Officials Go Out of Their Way and Deliberately Falsify Facts to Help Out the Other Side. When the State, through its attorneys and secretaries of the Board ot Transportation, came to present its side of the case at the trial It was rujt content with admitting the charge that the maximum ratee, if put Into force, would reduce the charges of the railroads twenty per cent, but went far beyond that claim and proved that It would reduce the charges 29 per cent, or nearly ten per cent more than the railroads themselves claimed it would reduce their charges. The state would have been far bettpr off upon that point if It had no representation at the trial. After this ileoe of testimony was given by the State's chief witness the railroad companies discharged their experts and tried the case from that point onward, so far as rates were con cerned, upon the testimony of the state's witnesses. Another bright piece of management Is Bhown by the record. At the re quest of counsel for the roads this same witness for the State prepared a table which Is a part of the record. This table purports to show the amount of business-done by each railroad In the State during the years 1891, 1892 and 1893, and the precentage of expenses to e&rnlngs. In making up this table for the benefit of the railroad companies the State's expert was not content with taking Into consideration the amount of local freight haul ed and the earnings and expenses of the companies In hauling It. If he had considered only it, the precentage of expenses to earnings would have been of value In determining whether or not the cut which would be made by the maximum law would leave anything for profit to the railway com panies, but instead of doing so he took Into consideration all of the business done by each company and then ascertained the percentage of expenses of all business to the earnings of all business. At a glance It will appear that such a percentage could be of no value In determining whether or not the rates fix ed by the Maximum law for hauling local freight would produce any profit. The unfairness to the State of this method of calculation Is disclosed by this illustration: In 1891 the Elkhorn road hauled 141.056 tons of local freight. The percentage of expenses to earnings was about 50 per cent In 1892 the same road hauled 158,350 tons or nearly 20,000 tone more than In 1891, yet. the percentage of expenses to earnings was about 71 per cent. In other words, the year In which they hauled little freight, under this method of calculation, waa a year In which they made more profit by about 20 per cent than the year In which they hauled a great deal of freight. The record of the trial of the case may be searched In vain for any effort on the part of counsel for the State to point out the worthlessness of this table and the great Injustice which it would work to the State. Yet, the decision of Judge Brewer waa based on that table, and right or wrong that was the evidence that went before the Supreme Court of the United States and upon which they will review the finding of Judge Brewer. ONE WAY OF CORRECTING TESTIMONY. A Little Mistake of a Quarter Million of Dollars Made In the Figures Is Corrected. Mr. Randall the freight Auditor of the Burlington testified that the earn ings of his road in Nebraska for the year 1892 were $1,853,036.57 and that the operating expenses including taxes for the same year were $972,183.70. Mr. Taylor, the General Auditor of the road testified that the earnings for the same year were Just as testified to by Mr. Randall but he put the operating expenses including taxes at el.22L.742.84, or about $250,000 more than Mr. Randall. Mr. Randall was recalled some days afterwards and asked whether or not the figures which he guve.when foruerly on thestand were correct, and he said that they were with the exception of the operating ex penses, which should be $1,221,742.84, or the same as those given by Mr. Taylor. He made no attempt to explain his former testimony. Yet, within a few days he Increased the operating expanses for the year mentioned over $250,000. He was the freight auditor and therefore, his means of knowledge were even better than those, of Mr. Taylor, yet he changed his testimony upon this point and took the figures of Mr. Taylor without giving one word of explanation for his conduct It would seem that the State's Attorneys, looking out for the Interests of the State, would have at least asked Mr. Randall how he came to make this mistake, if it was a mistake, but not one word was asked him by the attorney general. Mr. Hastings permitted this testimony to go before the court unchallenged and without any atiempt to ascertain the reason for the change by cross examination. It is fair to say that Mr. Webster was not present whfn Mr. Randall appeared to correct his testimony. This point waa a most Important one, but the first two were the onea upon which the case turneS. It is clear that upon each point the State's InteresU were betrayed by those whose sworn duty it was to pro tect them. HOW VALUABLE TIME WAS WASTED. Only Such a Record as Fools or Knaves Should be Proud Of Interests of the People Trifled With. Much valuable time was lost by a futile appeal of those cases to the appellate court, which court was entirely without jurisdiction in the prem ises, and nothing could be done there. , The legislature of 1895 passed an. act which was approved April 5, 1895, authorizing the appeal of the cases to the Supreme Court of the United States, and making an appropriation for the necessary expenses and extra counsel fees. This appropriation amounted to $10,000, all of which has been expended. August 3rd, 1895, four months thereafter, the cases were docketed In the Supreme Court of the United States. On December 15tb, 1895, four months after the docketing and eight months after the passage of the law authorizing the appeals, a motion was filed In the Supreme Court to advance the cases and that motion was sus tained on December 23rd, and the cases set down for bearing March 4 1896. On March 4th and 5th, 1896, argument was had and the cases submitted to the court. On April 20th, the same year, the cases were, by order of the Court, re stored to the docket and a reargument ordered. On May 25, 1896, the Supreme Court adjourned and did not again as semble until October 12th, the date on which the next term commenced. NEW LIFE INJECTED INTO THE TRIAL. A New Attorney-General and Hon. W. J, Bryan Take a Hand In the Case In the Interests of the Feople. November 30th, six months after the re-argument was ordered a mo tion for the advancement of the cases waa filed and on December 7th was overruled, with the right to renew the motion on the third Monday In Janu ary. 1897. Attorney General Smyth first appeared In the cases In January 1897, and submitted the motion, which on the following Monday was sustain ed and the cases set down for argument April 6th, at which time the At torney General.wlth Mr. Webster and Hon. W. J. Bryan appeared before the Supreme Court and finally argued and submitted the cases to the court . A decision is exptected from the Supreme Court at the commencement of the term in October. The present Attorney General haa exerted every ef fort to get this matter disposed of. He was In Washington before the Su preme Court urging the case within two weeks after he assumed his office, and at no time since that has the matter been neglected, but as before state! haa been In the banda of the Court since April. the second, but using both ears he could not distinguish them when they occurred oftencr than 15 times a sec ond. The sharp sound of the electric spark of an Induction coil was dis tinguished with one ear when the rate was as high as 500 to the second. Sight Is much less keen than hearing in distinguishing differences. If a disc half white and half black bo revolved, It will appear gray when its revolu tions exceed 21 per second. It has been found that we can hear far more rapidly than we can count, so that If a clock-clicking movement THE PEOPLE DOUBLE DEALING runs faster than ten to the second we can only count for clicks, whllo with twenty to the second we can only count two of them. Fatigue and want of nervous vigor has a marked effect In lengthening the shortest time that we can distinguish between different impression. Alcohol acted, as might be expected, In making the subject of exjcrlroent not able to distinguish tuch minute Intervals of time m he was able to do without It, and at the same time In making him believe that he was doing better than usual.