HARRISON PRESS-JOURNAL
OBO. D. CANON. Editor.
HARRISON. - - NEBRASKA
HEARS THE RATE CASE
NKBK.VSKA N'KWS XOTKS
3. New lap, & prominent but-incas mar.
r Oakland, ha bt-ea adjudged insane
uiJ sent to St. Bernard's hospital
MHuicil Bluft. He haa iu.leied for
some time wili a nervous uaiady.
There are hopes of his reeoycty.
Jhenil Lay-port returned Wednesday
afternoon from a thirty-mile trip in
the country nest of Valentine. where
he went to arrest Muck Frankie on
tbe charge of cattle stealing. He made
the arrest at) 4 the prisoner is now
In Jaii.
Ed. Lemon and J. Brougher had an
alienation at Fairbury. in which Lem
on icceived a Severe cut on the head
from a pitchfork handle, and Brougher
tad two ribs broken. Brougher is 73
years of age and It Is fea;ed his injuries
may result fatally.
The Bimetallic league of the Slate
university gave its in f t annual ban
quet. Saturday evening at the Lincoln
hotel. The toast list included aa sjeeak
ers; W. J. Bryan, T. if. Patterson of
Jjenver, Governor PoynU-r and l'rof. T,
St. Hudgman of the university.
ARCUMENTS ARE MADE BEFORE
JUDGE MUNCER.
Suit Enjoining the State Board
Brought By a Stockholder of
the Burllngtnn.!
MoCool citizens are organizing a lo
cal telephone company on the mutual
plan. A large number of telephones! are
being subscribed for and a regular tele
phone exchange will be conducted. The
cost Is estimated to be about one-tenth
that charged subscribers by telephone
companies.
The remalna of Alvin Elder, company
C, Third regiment. United States in
fantry, who died in the hospital at
Manila. August 8 last, of malarial fe
ver, were buried at Brady Island with
military honors Thursday. The body
was interred in the National cemetery
at old Fort Mcpherson.
Governor Poynter Wednesday named
a Bre and police board for the city of
Omaha. The governor appointed W. S.
Poppleton, W. J. Broatch, Dr. J. H.
abody and Harry C. Miller. It in un
derstood that Intervention in the name
cf these gentlemen, will be made in the
pending suit In the supreme court.
Early Wednesday morning a young
Baa of the name of James Peer died
of measles across the state line from
Superior, in Kansas. His brother, John
wag quite ill of the same disease, but
was rapidly improving until informed
of bis brother's death. He began to
ink; rapidly and died in the afternoon.
It snowed at Lyons by spells during
Vednesday. Farmers have taken ad
vantage of the several warm days and
have sowed considerable wheat. Most
of this work remlans Incomplete, such
as harrowing and the like, which will
not make much difference unless this
wrfc is delayed too long and the wheat
becomes sprouted
Frank HakeL a German farmer, re
MUoc in Chapman precinct, Saunders
county, accidentally shot and killed
feimeeit Monday while trying to kill a
rabbit in the archard near his house.
Coroner Lamb was summoned, but de
emed it was not necessary to hold an
Inquest. He leaves a wife, daughter
and one son, Frank Hakel, jr., a promi
nent merchant of Weston.
A grand wolf hunt took place Thurs--iajr
on the famous Shell Creek valley,
near Columbus. A territory of eight
aware miles was covered by four lines
if men, making the creek bottom the
seater point. A number of wolves were
ttodn, besides considerable other game.
The wolves have been making them
selves quite troublesome this winter, a
number of farmers having lost pigs and
chickens by their depredations.
At Rushville a young man -named
Orant Davidson was thrown from his
horse and dragged by the left foot In
tb stirrup a distance of fifty rods. A
naoiber of persons endeavored to stop
the animal, and finally a young girl
named Blsis Baer checked the horse
mwA drove him into one of the main
streets. Here a man grabbed the bri
dle. Davidson's right hand was kicked
by the horse and he was kicked on the
left side several times, but no bones
were broken. He was terribly bruh-eef
snd scratched up.
A young man appeared at the city jail
at Beatrice and said lie was a deserter
from the army. He said he enlisted
In 1898 and his regiment went to Cuba,
but he stayed in Kansas City and
worked In the postofflce. He gave the
name of relatives In Kansas City, who
were telegraphed for and who replied
saying they would come and get him.
The story of his desertion Is not cred
ited here, but Is thought to be a hallucination.
Omaha business men who will rain
sugar beet this year for shipment to
one ef the Nebraska factories, effected
a aiiissassl organisation at the Com
munist em by electing J. .. fit pres.
Meat and T. B. Hochateller secretary
treasurer. M. C. Peters was elected
l hall iasn ef the executive committee,
a which will fall tbe work of the or-
ttlen. and With the president w ill
the ether members of the corn-
It was the sentiment of the
set to raise this year over 3M
af butt, and for this purpose
ff was saassrlaed. A diet tonal sub-
i la like amsaa will be re-
the hooks Win I ben be
Omaha. (Special.) Arguments were
made in federal court on the Burling
ton's injunction against Itself, or indi
rectly, the right of the state board
of transportation to enforce its recent
orders burned under authority of the
maximum freight law. The case v. as
thrown into federal court through the
application of Stockholder Higginson
of the Burlington for an injunction to
prevent the officials of that road from
obeying the state board of transporta
tion, averring that the board's ord-rs
were illegal and would result in forc
ing the stockholders down to a non
paying basis. Jn this way, the Mate
board of transportation was forced into
the federal court to protect its rights
and powers, as it has maintained them
under existing statutes.
Judge W. I. Mi-Hugh and Judge
Woolworth apieared for Stockholder
tligginson, and Attorney General Smyth
and Assistant Attorney General Old
ham for the state board.
The railroad, who are the plaintiffs,
seek to secure an injunction to restrain
the state board from enforcing freight
rates unless application is first made
to the United States court for an order
modifying the Injunction Issued in the
original case.
Judge W. D. Me Hugh presented the
opening argument for the plaintiffs. He
contended that the law of 1Ss7 and the
law- of Wj'i are radically different. L'n
uer the law of 1M the state board of
transportation was empowered to fix
fieight rates as the members deemed
equitable. In 1J the legislature aban
doned the plan of regulating rates thro'
a board and decided for direct legisU
tion. In this way, the judge argu'-el.
the law of 133 is inconsistent with the
law of 1SS7 and therefore repeals the
general powers of the board under that
law. As the act of ms was an ai-t
general and Complete in itself, no spe
cific clause repealing the former law
was necessary. The law of 1S87 being
repealed, the board has no right to fix
rates in advance of Bervlce, as does tin
act of 193. The contention of the state
that the decision of the supreme court
extinguishes the law of mi, he said,
able. The purpose of the decree was
not to annul tne act of is93, but to
temporarily restrain the board and
railways from fixing the rates until
changed conditions made the rules
equitable. The act is not opposed to
any constitutional provision, but only
in the operation of the rate schedule
under the condition then existing did
it Interfere with the constitutional
rights of the railways. The decision
made it clear that the board of trans
portation should apply for a modifica
tion of the order when the conditions
should make the rates reasonable.
W. L. Oldham, deputy attorney gen
eral, made the opening argument for
the state. He held that the law of ISM
did not repeal the law of 187 by im
plication, and that courts do not favor
iepeals by Implication when both laws
can stand. He argued that the two
laws are not conflicting; that the law
of 1S93 simply established a maximum,
above which the board could not go in
fixing rates ;below that maximum their
powers were as enumerated in the law
of 1887. While, according to the deci
sion of the supreme court, tbe board
is restrained from establishing rates
under the law of 18S3, It is not re
strained from establishing rates regard
less of that law, which has been ren
dered inoperative.
SMITH'S ARGUMENT.
Attorney General Smyth said:
"The bill filed by the plaintiff is a
supplemental bill. It was filed without
notice to the state. This was In vio
lation of the fifty-seventh rule of equity
practice, but. if treated as properly on
the files, it does not state any cause
for relief. It proceeds on the theory
that the power conferred on the board
of transportation by the law of 1W7
was taken away from that board by
the maximum rate law of 1893. The
original decree proceeded upon the the.
ory that the rate fixed by the law of
IKS:) were unreasonable, and hence that
the law was unconstitutional. There
fore, the purpose of this supplemental
bill Is entirely distinct from the pur
pose of the original decree. And since
a supplemental bill can be filed only
where the relief it seeks is consistent
with the purpose of the original deere,
and In aid of that purpose, this bill
does not state a cause of action.
"The maximum freight rate law was
declared unconstitutional by the United
States supreme court, or at least it has
been suspended so far as the parties
to thin action are concerned. It would
be a novel proposition to contend that
while the law was suspended and of no
force so far as the rates therein were
concerned, that still It was in force for
the purpose of repealing that part of
the law of 1887 which gave lo the boa id
of transportation the power to fix rales.
But If we concede that the law of is3
is still In full force as contended for by
the railroads In this case, we still con
tend that that the power to fix rates
conferred on the board by tbe law of
l7 is In full force. If It m not in full
force It Is because there is something
In the law of IBM which la Irreconcilable
with the law of 1MT. Bot this ta not so.
The law of 1M7 fives the board power
to reduce rstes. ' The law of la) does
precisely the same thing. Therefore
there h no inconsistency between them.
This la according to the decision of the
supreme court of Nebraska In the re
cent telephone rase.
JUSTICE HARLAN'S OPINION.
"The plaintiffs say they want the de
. re.; in the maximum freight rate case
interpreted This is not necessary, be.
cause the supreme court of the United
States, speaking through Mr. Justice
Harlan more than two years ago, on my
application, dedar-d Just what the de
cree means. The court said that the
purpose of the decree was to restrain
the board of transportation from en
forcing the maximum freight rates as
an entirety, but that the decree does
not prohibit the board from reducing
the rates on specific articles, even be
Uov There is no room for inisuml -r-star.ditig
the supreme court's interpre
tation of the decree. Notwithstanding
this, your honor is urgently asked to
i.-sue a temisirary Injunction to restiain
the state from proceeding to reduce
the rates on specific articles until the
supreme court has been again appealed
to for an interpretation of the decree.
To giant this request of the railroads
would I.e a great injustice to the state
and entirely unwarranted by the law."
Here Judge .Munger asked the attor
ney geneial this question:
"Suppose the board of transportation
reduces the rate on one thing today, on
another tomorrow, and so on until it
has reduced all the rates to the level i f
those fixed in the maximum late law, I e
without making application to this
court to have the decree set iit-id.,
would that be proceeding according to
the supreme court's interpretation of
the decree, or would it be a violation
of the decree by injunction?"
To this the attorney general replied:
"The purpose of the decree was to
prohibit the enforcement of t her max
imum rates as an entirety, because,! n-
sidired as an entirety, they v. ere de-
dared to be confiscatory. But ls-cau-,
when so considered, they might have
the effect of unreasonably reducing the
earnings of the companies. It did not
follow by any means that the reduc-
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tion of a few rntes would have that (- j
feet. The purpose of the supreme couit 4
was to prohibit that which affected th !
omipanies unreasonably. but not to j
prohibit that which did not so affect
the companies' earnings. The lKard
may reduce the rate on one, two, three
or four articles, and continue to re
duce rates until It reaches that dnt
where further reduction would affect
unreasonably the earnings of the com
panies. When the board reached that
point the law would prohibit it from
going farther. There Is no evidence be
fore the court tending to show thut the
rate which the board is about to fix on
cattle shipments would be unreasonable
This court will not prohibit It from ge
ing forward and fixing such a rate in
the absence of such proof. To do so
would be a great Injustice to the state."
WOOLWOKTH CLOSES.
Mr. Woolworth closed for the plaintift
In a rather elaborate argument. He
Insisted that the supplemental bill was
correctly on file; that while under the
English equity practice It might. Ik- that
the bill should be stricken from the file
the practice in this country does not
require that to be done. He also com
bated the contention of the attorney
general that the relief sought should
be applied for In the form of an hide.
pendent action and not by a supple
mental bill. The decree In the maxi
mum rate case, he said, was ambiguous
that it was susceptible of more than
one construction was clearly evidenced
by the arguments which were made
upon this hearing; that It was the duty
of the court in such a case to interpret
Its own dec ree, and to enforc e it a .
cording to that interpretation. He con
tended that the law of lSi3. Insofar as
it gave the board power to fix rates,
was inconsistent with that part of the
law of 1S87 which conferred thut sain
power on the board, and hence that it
repealed by Implication the law of iss"
so far as that law gave the board !
power to regulate rates.
PEFFER'S SON KILLS NIMSEtF.
Loaves a Letter to His Father Say
ing He Was Tired.
Kansas City. ffipeciaU J. Sherman
Peffer, son of W. A. Peffer. former
United States senator from Kansas,
was founde dead In a rooming house
here. On the bureau was found a box
that had contained morphine and a note
reading:
"Father: I don't like to do what I
am doing, but I am tir-d."
In the dead man's pockets were found
several Typographical union working
cards, one from St. Louis, where he was
employed last (xtolier. and another
from the Topeka union, where lie hail
recently been employed on the Capital.
Peffer wa about 30 years old and was
a linotype operator. He entered the
rooming house at 11 o'clock last night
and when found had evidently been
dead for several hours. When last seen
he seemed to be laboring under sup
pressed excitement. He was known to
be despondent.
SOLDIKKS DKHEKT TH EI It WIVES.
San Juan, P. It., March 20 San Juan
claims the record for the youngest di
vorce suit In American territory. Uo
sctlla March, aged 13, has consulted law
yers on the subject of obtaining a sep
aration from Albert March, aged 24. a
member of the signal corps, whose home
Is at lienlon, Me. They were married
Ifc-eember 12 and March was ordered
February 4 to Fort Meyer. He left his
wife destitute and she has written to
him both at Hentoii and Fort Meyer
snd her letters have not been answered.
There are no divorce laws In Puerto
Rico and the young wife Is walling for
the United "tales to enact such laws,
Similar cases are plentiful.
The lime you sand with your chil
dren is never wasted.
THREE YEARS OF McKINLEY.
(I'r'im the New Vol k Jour nat )
MARCH 4. IKi:.
William McKinley took the oath of office, loaded with every gift of
the gods. He followed an adiniiilsti atioti whose failure hud been so ab
ject that the most ordinary ac -; .'OT.plifhmi-nt of routine work would seem
glittering suer ess by comparison. Th times were so bad that any
change could not help b. irg for the better, and anything resembling
general comfort would shine as brilliant prosperity, for whic h the new
administration could take credit.
Mr. McKinley had carried every northern state east of the Missouri
river mid had made inroads upon the democratic strongholds of the
South. He was backed by a congress in which his party had a clear ma
jority in the senate and 'M menib ts against l; f other parties in
the house.
MARCH i. lsM.
In his first year. Indeed In his first month, President M' Kinley called
an extra session of congress to fulfil his obligations to the protected in
terests. The IHngfey tariff law wa passed, and immediately superseded
the original McKinley tut Iff as "the culminating atrocity of class legisla
tion." No such measure had been 'xiwctcd by the country, which had
voted Ud the financial question, not uron protection. Nothing was clone
during this year to carry out the promises of the campaign of 16.
Through all this time the qutsUon of Cuba had been growing con
stantly more urgent. The horrors of Weyler's recoiic entralion policy had
moved the American people to a tempest of pity and wrath. But still
the president refused to act. The Journal's rescue of Evangelina Cls
neros brought the real meaning of the Cuban Inferno home to the Amer
ican imagination. The De Lome letter strained the diplomatic relations
between Spain and the United Htal, the revelations of senators and
representatives who investigated the Cuban famine for the Journal al
most carried congress off its feel, and finally, on February 1". lf, the
destruction of the- Maine snapped the last liossibillty of peace. Hut on
Mart h 4, at the end of his first year in office. President McKinley was
still holding out. "
MARCH 4, 1SW.
A kaleldoscopis change, Purlng this year we fought and won the
war with Spain. Cuba was free and the Spanish colonial empiie ex
tinct. We had expanded. Hawaii had been voluntarily annexed, and
the Philippines, Puerto RI-o and Guam taken away from Spain.
But the country was not entirely satisfied. The courage and enter
prise of our soldiers and the super b eftlclency of our navy had given us
an easy victory over Spain, but It was felt that lives and money had
been wasted by political Incompetence or corruption at Washington. R
was felt that the hand at the helm was not firm. Alger was only a symp
tom. "Algerism" was Inherent in the method of the administration.
And in getting out of one war we had (teen plunged Into another. The
president's representatives In the Philippines succeeded In getting us
Into hostilitl'-s with the Filipinos which ate not yet over. This war was
fresh when McKinley ended his second year. It was only a mouth old,
and the country, still confidingly relying upon the pleasing Otis bulle
tins, looked every day for Agulnaldn's submission.
Another year had passed without any attempt to carry out the re
publican promises on the (Inaiiciui qucstUm. The promise to "take no
step backward" 111 the matter of civil service reform had been cyrinally
violated by an order restoring thousands of ofllc es to the spoils system.
The authority of Hariria in thra While House and the power of the trusts
over the administration were causing multeriiigs of disc ontorit even
among loyal republicans. The elec tions of 1MH showed that the admin
istration was losing popularity. The republicans gained a majority of
only, thirteen In the nw house, and the democrats almost recovered the
state of New York, notwithstanding the fresh martial glory of Colonel
Roosevelt.
MARCH 4. lf).
The war In the Philippines lues lastd another year, ticncral Otis re
ports that it is over, but the country knows the reimits are. not liue.
It Is becoming sickened of ni'-thods that have created a running sore
where we ought to have a healthy American territory.
Puerto Rico, prosperous under Spain, has fallen Into distress. All the
officials who have Investigated the conditions lhei say thut what the
islarnl needs is free trade w ith the United Stales. President Me Kinley
urged that this should be granted, but Immediately j le hied to the pres
sure of protec ted Interests and consented that the I'uerto Rlcans should
be subjected to unconstitutional taxation for their profit.
The president has allowed his Rtrelaiy of state to conclude a treaty
with England binding us to kee-p the Nicaragua canal open to om- ene
mies In time of war and Inviting the powers of Europe to interfere and
see that we do not try to g-t out or our bargain. This astonishing sec.
retary boasts thut he has revived the dead Clayton-Hulwer treaty, and
made it possible for us to have an Auietli un canal ewn If we reject his
arrangement.
The power of the IrusU has become appallingly manifest within the
past year. The Stiindard Oil company lias deihered eiuaiteriy ellvl
ileiiel of 'IH per cent equivalent to ISO. uw.DOO m year, or 4 per e rrit interesi
on two' billion dollars. The Carnegie Steel company's profits for the
current yesr are over HiUHKl.nw). ,
In the fsee of all this the republican party continues to icglslao for
the benefit of rnsssed capital. It has Just passed a bill establishing the
gold standard, with the purely gratuitous addition of a provision tier,
petuuling the national debt In the Interest of the banks' Under this
measure (he government Is to give the bankers IW.OrtO.flOo rll,h .
It Is to reduce t,r lax on circulation and pay the banks for i..i. .
holes which if could better Issue Itself '""
All these , hlng. can have only one effect. The state e,,ns
November showed that If a presidential election had been held at that
time the democratic candidate would have been elected. ai,d the current
Is running more strongly km the same direction every day.
HAUL UP THE RIGHT FLAG, r
Nay, haul up the f!ag--raie: it high
Not yet Is Its spirit npent!
I-t It sing In the wind and the sky
The truth that It always meant!
Let it sing of the birthright of man.
Of progress that neve r can lug.
Let it sing that trade may go wher
it can.
But liberty follows the flag;
Ves, haul up Old Glory-but, cemrad-s,
take heed!
That no man shall part the eld flaa
from the creed! Anon.
IT PAYS BETTER TO KILL THAN
TO DEVELOPS.
If there, were as much money to be
made by developing the resources of
tiie resources of the United States as
In selling ready-made foreign posses
sions and slaughtering their people Into
submission. William McKinley would
Issue a call for troops sufficient to en-
force the development of every foot of
It. Says the Washington Times upon
this point:
"There still are many millions of acres
of land entirely uncultivated between
the Mississippi river and the Pacific
eean and the Canadian and Mexican
borders, which, as Senator McEnery
said In the course of the de bate on t4ie
Philippine Islands, could easily he made
proilue.tive If the money we are spend
ing In the cause of imperial expansion
were paid out for Irrigation and kin
dred works.
"Instead of wasting valuable lives
and good dollars in the far-away Isl
ands which at their best are unfit for
a whltnman with sound tody and miml
to live In, why do we not redeem this
vast territory on our continent? The
so-called great American desert can be
made to "blossom as the rose," as has
ulready been practically demonstrated
in other regions quite recently. All that
is needed I u water and a little pa.
tleiice.
"The Philippines are aircHtly quite
densely populuted. Altogether their
area is but little more than twice that
of the state of New York und the In
habitants number but little short, of
twice as many as those of this great
commonwealth with the sr-colid largest
city In the world within Its borders.
What room is there then for newcom
ers in this far-away Oriental region?
"It may be the destiny, as well as the
iluty, of the government of the United
States. Impersonated by William Mc
Kinley, to depopulate these Islands by
means of the bullet, but after abund
ant room bus been made for men of
our own race, will they settle down
there, or. If they do, what will become
of them?
"Would It ncd be better to stop the
Inhuman slaughter, take the men and
the money that we are wasting and
use them for preparing a productive
soil and com foi table homes for those
who need them on this immense conti
nent of ours?"
PREPARING FOR EMPIRE,
President McKinley desires an early
adjournment of congress, becatiw he
believes It will operate to the advan
tage of the republican party in the corn,
lug campaign. It will certainly but an
c ml to the flood of resolutions rhaig
lug high officials connected with the
administration w Ith offenses against Ibe
public welfare, which have been ponr
Ing Into the' house und seriate allien I
dally since iJecember, The Philippine
question can also be dodged and left
open, a it Is a present.
This wUI leave him a free ban lt
c arry out his imperial pulley, and n bert
congress reassembles the thing will he
done, the flag raised and cannot be
hauled down.
(iil jigo has an oWobeider who h
Jort to having bis fcibera aahl'Mcl
The wonder Is that he didn't die young
