pnwMnnK«>. >«*——
ABOUT YOUNG WIYJB.
HE city life of
homeless young
married people Is
a very doleful sub
ject to write on.
They have good,
though moderate
Ineomcs, they are |
clever. In excellent i
health, active, en
ergetic young men
and women, and
yet they have elected to live In board
ing houses and hotels. Elevators car
ry them to upper stories of huge car
avansaries, where they take possession
< f a bedroom, a parlor and a dressing
room. Here they add to the rich biU
unmistakably hotel furniture the pret
ty trifles, easily transported, which
were among their wedding presents,
and, they de< Inre themselves content.
T hey partake of meals, ordered from
long hills of fare, cooked by foreign
ers, always rich and Indlgeutlble and
often of doubtful origin, and sit at Ut
ile tgbles observing and being ob
rervkd with that long, critical stare
which Js learned only In such surround
ings.
The wife has no duties; nothing In
heir lives exercises her skill, her
brain power or her ingenuity. Her
husband receives no help or delight
Irom the labor of her hands or as
the result of her good judgment. Half
of her endowments are lying dormant,
and almost every power she has is
dulled from want of use. After her
husband leaves her for his ofllct, she
has to think out some occupation for
the day. She shops and visits; If she
Is musical, she practices a little; If
she is bookish, she goes, perhaps, to a
• mcrury class or a lecture. nuiniuit
faxes her resume ■*, no one I* help
ed or benefited by her wise rule. Lack
ing that great prop and stuff, personal
responsibility, she ha* no taste of the
Joy of a personal achlevenient and sue
cess. There Is no way lit which either
husband or wile can express themselves
In the material things by which they
arc surrounded. These furnished
rooms are to tbelr personal eharucter
lutlc* like ready-made clothing to
llielr bodies, and betray In one way
and another that they are "misfit*.”
Worse still, to my thinking, Is life
In smaller boarding-houses, where the
Independence and Isolation possible In
large hotels Is lost, and the element*
of criticism and gossip find such con
genial soli In which to lodge their
fast-growing seeds.
1 know no sadder words than home
less and childless! There Is a mourn
ful inflection In thjlr very sounds, and
yet these prettily dressed, eager, rest
in'* young women are both these sor
rowful thing*. If (lod has d»nlcd
tItem the crown of motherhood, it
would he better to take some mother*
less baby to their hearts than to live
ail ibcir lives without the guiding
hand of a little child in theirs arid the
i !**p of little loving arms about their
racks. I say guiding, with very sin
cere faith that there Is no such attrac
tion toward i noble life a* the depend
ence and love of childhood, nor tyiy
such rebuke as the surprise or fear in
a child's Inaoceut eyes.
* LIFE OF Ll'Xl’RIOUS INDO
LENCE.
VVhpt causes a deliberate choice of
tins uh> row life which entails ho many
deprivations Ih Incomprehensible to
me. The semblance of meat luxury Ih
rirtalnly to be found In the mirrors,
the gUdlne, the deep-piled, velvet car
jtts; hut does all this expensive show
p ve any pleasure when it loses ail
i i rsopal interest, nnd. stretching this
way uud that, can someCmes lie mean
ed by miles? To walk live hundred
ft et down the Iona corridors lie tween
ciai-s which heeni countless in num
1 or, and opening right and left to llb
i iate strangers who puss you as If you
w>t« to he avoided us carefully as if
> (>'i had the smallpox, cannot lie u
p.i.vsure. To opeu your door uud see
flw >>r six conventlonsl piece* ot fur
niture standing about at precisely the
nme angle* at In every other room
j( u have passed, so that if van dlil
m chance to know that your legit l
mnte numin r of square feet were
o.own a* Bumhet MW, you might read
t. think you were In your own tptai
«rs until you saw thgt where your
sails were blue your neighbor's were
j ul c inrot ue encouraging to the
« n»e of Individual possess tou w hit It it
t.sif of life * jot
1 he mere abiding under the sane
r if with ptople Vint dislike ot des
|..,t u trying, hut when yuu bellevt
that on your right band Is drunken
IP it, and oil your left the elements t>
st gr great human tragedy to tltntb
the decency of your nearest neighs*,
at dinner and be shocked at the vnt
gut display of the aumen yuu *«
la the elevator, daest hot tondnva t<
htve of wenkiad or the elevathsa u
vaitr «w» though**
Whv t hfoae these ways of Itvlni
when ope* l» evsry w.-maw ee«ord
Hi i* her inestts ties the d-.«r of i
heme* A pla* * whbh Is for the Hm
|. lgaat, four t #t v own to be s »<*oc»
«,f i agsfvrr* and |#4»e t,, t tut buebat.
and ml |u* l**u **l, ****' '■ t*»“po*
t*aa ***' •*•**»' *• ‘ ' l*1*** •***
grrangement c**»» adornment
every detail, from the delicate dra
peries at the windows to the wcll
choseu implements In the kitchen, ex
presses your tastes, your Judgment,
your judicious economies, your thought
of others, your love for your husband
Where no one enters but at your bid
ding, and then comes to be made hap
py by your society or refreshed by your
hospitality. Where, when the day Is
done, you realize that from the flavor
of the breakfast cup of coffee and the
lightness of the rolls to the restful
chair In which he smoked his last ci
gar at night, the man you love beat
of all human beings owes every enjoy
ment to your oversight and plans.
No matter how small It may he, no
matter how many difficulties of ar
rangement and adaptation present
themselves, these, like all obstacles,
only enhance success, and In these days
of apartments nnd moderate houses
built especially to tempt young house
keepers no one who can atlord to live
as I have described can be too restrict
ed In their means to And It hard to se
lect from one of these classes of domi
ciles what Is suitable and pleasant.
And, having chosen, can there be many
pleasures more sure and satisfying
than making of those vacant rooms
and bare walls a home? That vl'al
spark of vanity and self-satisfaction
without which no woman’s life Is real
ly delightful, that undeflnable, unclass
ified quality which makes her look at
her completed work with the exhil
arating belief that few could excel It,
here has full play.
The birds find sources of exultation
In the building of their nests, and you
can discover that they are houso-fut
nishfng by the Joy of their songs. It
Is ihe natural Instinct of love and life
to make a place to dwell 111. To the
woman who can devise a fastldlomly
beautiful gown I would eommenl the
■rrangfinieiii ana werurinou
uh the expansion u/ul tenfold higher
use of her art. Tt the woman who
would endear l»**riw^j| to her husband I
would offer to guaramee that If slia <•; n
keep within the limit of his means and
yet make for him a lovely, comfort
able, appropriate abiding place. In
which he bus room for the development
of his own tastes and opportunity to
bring about him his friends In hospit
able fashion, she will have endeared
herself Inexpressibly to him and In
creased bis pride In hpr tenfold. Let
the good order and beauty and con
trivances for Ills Individual comfort be
sufficient to make his friend# envious,
and ready to say that bis home- ten-.pts
them to marry, and the wife becomes
lovely In ills eyes, In a far more flat
tering way than because she Is pretty
and well dressed. To become the
source of a husband s comfort and rest
Is to have placed yourself beyond the
fear of losing your complexion or ceas
ing to be his Ideal of a pretty girl. It
Is also to rise from the position of a
dear pet to a useful, Important part
ner, without whose clever brains and
wise direction his life would cease to
be a success.
1 do not claim (bat home-making l«
easy work, nor for a moment attempt
to say that the fine art of good house
keeping Is easily attained, but 1 do nay,
with all the strength I can put into the
assertion, that the married woman who
sets aside her kingdom for lack of cour
age and energy to rule It Is but a disin
herited princess who has lost the great
est Joy of life when she abdicated ber
throne.
The place a man lives in should
surely be the place wherein sorrow and
illness and death can best be borne and
nmicic'i. • »* j •> cs
three pregnant words mean little, hut
when they make themselves heard,
may they And the sacreduesa and priv
acy of home about you and the tender
surroundings of your own family life
southing your pain. To lie happy in
or to grieve In, there can he no place
like the slieiii r which love and care
have made for a man and liis wife to
abide In together, with the children
Ood has given them lo sweeten and
hallow their Inseparable lives.
N#*rly AI way- <JH* \\ lint Nh« Want**
All the literature of the past tends to
prove that women ought to live In
subjection to men -because literature
lius always been In the hands of men.
Literature tells us that man was
| created flint and that woman was made
as an afterthought, in order to bo a
companion to him. llut science knows
nothing of this tale.
Now, the strength of women lies In
the fact that men cannot do wit haul
\ them. If they could have, then women
would have become extinct long ago
Neither sex cun do without the other
Hut women having been rendered timid
by centuries of subjection, have never
fottud out where their strength lies. I
! speak of women In general, for It Is a
very rentalka >le tact that, though
women In general have always been
governed bv the taw- laid down liy
into!, Individual women vei> often And
that they can do Jit-t n the' please V
j woman can neatly always get what
■ he wants if she makes enough fuss
about it and *o It happen* that tu pri
vate Itte It Is ierr often the woman
who govern* Westminster Kevlew
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kht t It
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WAR WILL CONTINUE
SPANISH CABINET HAS SO DE
CIDED.
Wrylrr Notllhi tlie Government that He
Will Sot Henlifti—Addrcaaea a Hem
mist rat Inn In III* Honor In Front of llin
1‘alaee itt llavanna—Autonomy to Ha
Granted the Cubans.
Weyler Kefuaea In tjnlt.
Madrid, Oet. 8.—At n cabinet coun
cil last night, the government decided
to grunt autonomy to Cuba under the
suzerainty of Spain, and to continuo
the campaign as long as may be nec
essary.
Henor Hagasta, the premier, has re
ceived u cable message from Captain
General Weyler, who offer* Ills serv
ice* to tho government and say*: “1
shall not rciign."
Havana, Oct 7.—Tho chief* of the
volunteers visited Captain General
Weyler at the palace yesterday and
expressed their tleslro that be should
remain at the bead of the government
in Cuba. Subsequently they cabled to
the cabinet at Madrid requesting that
the captain general be retained at the
bead of the Spanish forces foil tho
island, as we' as in control of It* civil
affairs.
Genera! Weyler, In acknowledging
their expres ion* of confidence, said
that the crl icism and attacks made
upon Ills mi tary conduct were with
out foundation. It bad always been
III* plan to Hnisli war with war, In ac
cordance with the customs of all Kuro
pcttii nations, and even of the United
States. General Sherman, lie de
clared, while on the march, destroyed
ail tlie resources of the South that lay
in Ills path, and tlw Washington gov
ernment finished the war with war,
r. m...* .a. .. A..A ..
In spite of Captain General Weylcr's
prohibition, a notable demonstration
took place here in his honor. The
bot'irsu was closed, as were also the
principal stores and tobacco anil other
manufactories. All tin; main streets
were gully decorated.
Tlie various processions united at
Central park ami then moved together
to the pla/.a in front of the captain
general's palace, where as many as
.'0,000 people were gathered. Several
hands discoursed patriotic music. The
pla/.a and tlie thoroughfares leading
into it were densely crowded.
A number of deputations went to
the puiuce, where they were received
by the captain general. According to
the official accounts, they assured him
that it was the desire of ull tlie loyal
inhabitants of tlie island that lie
should continue at the head of the
government and carry on the cam
paign against the insurgent*.
They also expressed "confidence
that tlie Madrid government was in
spired ssith altogether too high de
signs for tile welfare of the country
to withdraw the illustrious chief who
had subjugated the insurrection."
Q< upturn General Wcylcr, after
thanking the deputations for their as
surances. said lie had accepted the
command in difficult circumstances
amt without conditions The success
of tlie campaign couid be estimated
and properly appreciated by the coun
try from tlie visible facts,
Jn Hie course of seven months four
important provinces had been nearly
pascified. and lie was confident of
being able to pacify the two remain
ing provinces at tlie proper time with
the forty battalions ready for the
tusk lie said lie cxpcelcd to he able
to pacify I'norto Principe and Santiago
de t..'itba at an curly date, "for the
rebels there know and fear me, and
will not resist me."
DIXON STILL CHAMPION.
ICeferee's Decision In Ills limit With
Smith Did Not Talcs Away Laurels.
San KicANriiw o. Cal., Oct n—'l he
decision "Smith win*,” re rule red by
(ieorge (irecn, the referee of the
Smith*Dixon tight on Monday night,
due* not deprive Dixon of the feather
weight championship of the world.
The Marquis of Queenaberry rule*
stipulate that all championship bat
tles shall he to a liuisii Had Smith
knocked Dixon out in auv one of the
twenty rounds, or had Dixon’s seconds
thrown up the sponge, or had Dixon
failed to respond to the call of tin*’ in
any of the rounds. Smith would to
day be the feather weight champion of
tlie world. Hut a* it whs, Dixon at
the end of the twentieth round was
strong and lielligereut, consequently
he did not surrender the championship
ny lireen s decision.
FEVER RECORD BROKEN.
\«ur«l l»*f In N#w Orleans Msr« Itis
I |»a|iio» v llssuu
Ni h (Ini I vs* l.tt Oct i. K\«*n as
early as A uVlwli yesterday afternoon
the day had proved a reford breaker
both as t«> the number of eases ami as
to the number of deaths that had been
reported. I his was the record:
Ihoiths IIVc UeW cases, furtv'-siV, to
tal cases of fever t«* date, 4 total
deaths from yellow fever to date, k»r
ty-three t vital cases absolute I, recov*
rred, 1 11 total cases under treat mi nt,
^ Is
t wo of the new eases are In Algiers,
mas hi seven that have appeared in
that suburb the dsaa»* ba* apun
vdUi died out at Ocean springs
lea I •••*•(•* ti<iO a ttoiV
|ti at v* s low a (Vi s \ freight
l*a u on the M wauee* r*«*d went
Into the «lik h m* a I ba* e% t It % last
ion <ig \ too i >«ti loaded with
I f i f s were smashed i»t*» U filing
t su * •>««!•* a*e %app^wtd ,M nudci
lii a ve s. deed
i
t im< 4«i a* rrodf*!
Nf a V**l viet. s Is *e*reiart
!h » #1 s t leant was elect# t |»res*
lew »-f 4 Us N »■ difiti I1!- »li I spree*
. i ewipatty Hi vu is an a>t|wuct of tUs
Jv - IK rn l'a -If. a- (oa t of wU-vh h
Is e !ii*« to mil so * fifes* lent
ANOTHER TRAIN ROBBERY
I The CliIrnRo JL Alton ll*l«l l |> »*' K»n
• mm City#
Kansas City, Mo., Oct 3.— The fast
| train on the Chicago &. Alton, which
left the I'nlou depot at S:.">0 last night,
was held up by a gang of eight
l masked robber* at the crossing just
| opposite Washington park, twenty
minutes later. The bandits got little
for their pains, for they failed m an
attempt to blow open the express safe,
anil secured only a few dollars from
the trainmen. The passenger* wero
not molested. The train was delayed
nearly two hours, and then proceeded
on its journey.
The train was stopped by torpedoes
placed on the track. As soon as it
came to a standstill the conductor
und brukcinen stepped off to see what
the trouble was, and were immedi
ately covered by gun*. One of the
robber* went through Conductor
(irove*, securing >22. The trainmen
were then compelled to uncouple the
express car, the engineer and fireman
called down from the cab, a shot be
ing fired at the engineer because
hu was alow In obeying, and
the robber* ran the engine and
express car about a quarter of a mile
up the track. Here the express mes
senger was Induced to open hi* car
door und an attempt was made to get
him to open the safe also. He In
formed tlie bandits that the safe was
a through one and that he had no keys
for It, whereupon he was sei/.*d by
the legs, pulled from the train, robbed
of hi* gun and S3) in money, and or
dered to go back to the rest of the
train.
't he robber* then placed twenty
four sticks of dynamite us top of the
safe and lighted the fuse, which
proved to be defective and failed to
ignite the dynamite, lie fore the fuse
could be repaired and relighted the
robbers hreamo frightened and lleil.
The passengers, especially the wo
men, were greatly frightened when It
became knowrl that the train was be
ing robbed, and there was a grand
scramble to find hiding places for
money and valuables. Watches were
thrust under seats, cash Into hats,
diamonds and jewelry into stockings,
and within two minutes after the train
was stopped there wasn't ®10 worth
of valuables In sight on the entire
trulu. There were two Chicago ,t
Alton detectives on the train, and the
passengers say that they were the
worst scared men in the lot, never
showing themselves outside their car
until the affair was over.
Willis E. Cray, general superintend
ent of the road, in his private car, was
ori the train when it was held up.
After the express messenger re
turned to the passenger coaches the
passenger* mads up a purse of t"S and
presented it to him.
An hour or so after the train was
hold up u freight came along from
Kansas City and pushed the left-be
hind coaches ahead to the engine and
j express car. The truin was then cou
| pled together and proceeded about
two hours late.
The hold-up occurred almost on the
main thoroughfare between Kansas
City and Independence. It was just
below Fifteenth street in a rather
sharp cut, in full view of passing
travelers, of whom there were scores
every hour last evening.
The engine was No i!17, the same
that was pulling the last two trains
that were held up in the famous Blue
cu’. _
NO SEAL CONFERENCE
Crest llritnlll Positively Itcfilsrs to
Meet With Kussli* suit Japan.
I.oMios, Oct. s. The officials of the
British foreign office have communi
cated to the I'uited States ambassa
dor. Colonel Hay, the final decision
that tireat Britain will refuse to take
part in any sealing conference with
representatives of ltussia and Japan,
The British government asserts its
willingness to confer with the United
States alone hut insists that ltussia
arid Japan are not interested iu the
It -ring sea seals to a degree entitling
them to representation.
Kelts** l Ur t'olleetorshlp.
\V AHiiisfi rox. Oct. H. - .Mr. K. D. Kel
lnjrjf of Kich Jiiti, who le it candidate
for internal revenue collector at Kart
ell* City, calluil at the White house to
day. in compauy with National Com
mitteeman Keren* and Assistant Sec
retary of the Interior Davis. Assist
ant Secretary Davis will support Mr.
Kc'lo/ir for the place. Major Worrier
is kupporlm/ .lolln Duncan of Kansas
i itv for the place, and National Com
mitteeman Keren* w ill keep oat of the
fl/lil entirely.
Olvsu a Term of Misty Tear*
SritlNorm n. Mo, Oct, H Ij'HI
Dean, a Spriu/tluld no/ro, who shot
hi* wife in Au/ust. was tried to-day
before .lud/e Neville of the circuit
court on a cliuu/e of venue from the
lirvfii county criminal court, amt tim
defendant found /ullty and /Wan a
term of sixty tear* lu the peui
te it lit! rv.
Itirsu eitU 1rhtM**|.
Smk ins* «•*•! s I* was au
utiuucvil at 't amutauv ball yesterday
lltal William J llryau lias written, to
• tf*on/ to write a tetter iudorsm/ Dm
I kiuWHJ ticket, because it I* r*/*‘
at anil to/tu/ ait Itanmerata tu vote
j for Van II itl*
•tabbed a* au eee lb t sets
\\ ssNIxu os low* Oct s liartey
I t berry who bad Just returaad from
Nri.i sskt w i •. v Its ha-i so*d Is I % fane
SW-t bad • ■ teal oil lid person. * s<
way laid tb s morals/ by three fowl
pads bio* bed sense ess and roblerd ol
t is m ot* > sad a saltish e /u.d watch
I ,«|ll| as Sets ll*« l»«r*Ul*s
D.yiHis, 1X1 y tbs duettos of the
astiewt to* tbs lusan* is wtt *b M
a *1 ( sultry, the format huskabd at
1 i t ttt/C , the a* dess is » **»hued,
, \ le ‘.eta be <s * f** a/ 11xmsi cotecu.sioa
1 *1 the bta.u
WILL NOT INTERFERE
THE POLITICAL SITUATION IN
GOTHAM.
t'|,airman .lours Will Not Mnlille In
New York Politics—lie liefiisee to
Take Spies With Any of the Knrtlons—
lisruiitn-Americans linilorte Tumniaoy
— I.nlcst Straw llallut Figures.
Jones Is Not In It.
Kansas City, Mo., Oct. 9.—Kansas
City fireman behaved like heroes at
fires between 3:iiU and 0 o'clock this
morning, which burned the stables of
the Kansas City Trunsfer company,
339 West Fourth street, and the Kmery
building or. West Sjxtli street, llut
for their brnvery two men and two
women would have been burned to
death.
With two other firemen who were
fighting the flumes in the second story
of the transfer barn. Fireman Mike
Connors of Company No. 3 wont down
with a falling floor. He was only
slightly injured and, with the assist
ance of other firemen, he drugged out
the two firemen most severely hurt,
who would otherwise have been
burned to death.
Jn the face of flumes that licked the
tides of a hu tiding at Nixth und Del
aware streets, a few hours later, Con
nors and another fireman, John
Lynch, climbed four stories on a lad
der and carried two helpless women
to a place of safety. The lust instance
is probably the most remarkable and
thrilling escapu from death in the an
nuls of the Kansas City fire depart
ment.
The Kmery building, on West Sixth
street, near Delaware is four stories
high, anil at <5 o'clock tills morning it
was on fire. The building is old und
the flames spread rapidly. Twenty
five people use tin* upper floors us 1 iv
lug rooms, uiui us tho Maine* and
smoko crept through the building
men, women and children ran to win
dows and cried for help The lire
guined quickly. Tongues of flume*
shot from the windows.
There was an exclamation of hor
ror from tiie crowd below as two
women appeared ut Iho bay w iudow
ou tlia fourth story. Tiie smoke uud
tlumcs were behind them, and us they
stood there, screaming for help, the
lire had spread in the room beside
them. Haines six feet long shot out
of the windows. The women could
endure the lire uud smoke no longer.
In a minute the people ou the opposite
sidewalk witnessed a sight that made
their blood run cold.
Outside of the bay window was a
narrow ledge of stone only a foot
wide. There was a gasp from tho
crowd as tiie two women crawled
from the windows and stood upright
on the narrow ledge. The crowd and
firemen below called to them: "lie
careful; for Hod's sake, lie careful.'’
The firemen fcarcil Ills women would
fall, and they held tiie net to
catch them If they fell.
Just then Chief liale drove up in his
buggy. With him was Mike Connors,
his driver. The long ladder of tiie
four-horse truck from headquarters
was raised. Connor* and Hremau
John Lynch of No. t Hose company,
who once wa* a sailor, went up the
long ladder like circus performers.
While tliis was being done the women
stood still on the ledge. Connors took
one of them in his arms uud Lynch
the other. Down to tiie sidewalk they
went in safety. One of the women
was Mrs. (leorge Kelly, tiie other Miss
Maud Miller. I leorge Kelly, who was
in tiie room with the women, followed
down tiie ladder without assistance.
It wa* the onlv means of escape.
GUITEAU’S PISTOL FOUND
Washington Pollen Think They Have
the Weapon that Killed list-held.
Wasiiinotox, Oct. U.—Tlie police
have received ivliat they believe to lie
tlie pistol with which Guiteau shot
President Garfield, and have put it in
the cabinet at headquarters for safe
keepiujf- 't is an ordinary liritisli
bulldog revolver of 44 caliber and of
cheap make, tlie handle being set with
pieces of wood instead of bone or
ivory. Property t'lerk Sylvester said
tliul it had been obtained from a citi
zen who hud had it iu his possession
for a number of years. The pistol
was taken from police headquarters
July if, tlie day President Gar
Held was shot, by Colonel George It,
Corkhlll, then district attorney. Suli
aeqiieully it disappeared mysteriously,
aud trace of it wus obtained only re
e-11111',
Krltlsh Trad* Affected.
I/cftioN. Oct. y. -Tli# moruiiig pnperi
f. aliment upon tlie continued decline
tu liritisli export*. Tlie board ol
trade returns for Scptemlor show a
j■, percent tleeiine a* compared with
the oorresponding month of last year
It is admitted that tli * is mainly dun
to the Dmglrv tanlT
Am Kn(liaai't Widow KlHWUllaftll
Ton as. Kan . tkd ti. I lie \tehl
sou. Topeka JL Santa I <• railw ay com
pauv has gi»eu Mrs W " I i * * In,
wife of Ilia engineer of the fast mail
who was killed In a wreck at t.aug. I
cheek for •T.isat lie wa* suspender
l«||iy uuai In ll*»* Ittvttl)' )flf* I***
tu IhS vnfllH
aud tfndiunlv for ten dav*
CUBAN MEWOINE ESCAPES
• VSMfllA | !•»•««*« Util 4««| ffMt* *v«
ttlsaitl wl llis flu#*
lltvtst. tM » IN# WiuUfs
yuuug \ slss i*slr.Ml NMBf.U KfftSf
situs 4 \ 4 Us»v»4us w
III* MSliitUBSl s4**Sl»l»* Sits tSi
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!*.*•*% Itll f%t «i#>tl f»t*S tS* 4 s«s t|<
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I *ll*MI|*t %Um Ufs «•! ItuB *»s«
I )!. f«4 Vlf lit* ?*"* ©f |*<U«S
THE STOCK YARDS LAW.
•Initgc Xf linger In the Fetfril t’onf
llrinti » Temimrnrjf Injunction.
In the federal court at Lincoln Judge ,
Manger grunted the temporary In June- v
tion in the ease of the South liruaha $1
stock yards company against the statu
of Nebraska.
The stock yards company applied
for an injunction to prevent the state
officers from putting Into force the
law enacted by the last legislature,
regulating and fixing charges for \
handling live stock at the yards.
The order in the ease, after citing
the title, (freenleaf VV. Simpson against
the I'nion stock yards company at
South Omaha (limited), directs that the
temporary order be issued to lie in at
force until the hearing of the cause, if,
upon the tiling of a bond by the plain
tiff, the stock yards company in realty,
but the stockholder Simpson in form,
In the sum of $‘,'5,000. The order ulso
provides that proof be taken as in
dicated in the memorandum filed by
the judge and in which the ruling of
the court is given.
This memorandum is in this lan
guage:
First—The bill charges, and is sup
ported by affidavit, that the company
does business with the railroads and
not with the public generally. If this
is established by the proofs my present,
opinion is that the stock yards com
pany is a private concern, and for tliut
reason is not subject to regulation by
the state. This may be illustrated by*
the case of un inn-keeper whose ’**
charges may be fixed by the legisla
ture. Hut if the inn-keeper does not
hold himself out as furnishing enter
tainment to the public, but does so
only for a particular class, he is not a
public inn-keeper with whose business
the state can interfere. The ease of an
inn-keeper is one of those mentioned
in Minin's ease, for which reason I
mention it. I am not bound to follow
that ease, but the distinction is
. .
Second The bill shows that there
are several classes of business done at
these yards. First: There is stock
shipped from [mint* in the state to the
yards. This class of business is sub
ject to state regulation. (Second: There
is stoek shipped from outside the state
to the yards, and third: There is stock
shipped from points cither in or outside
the state to Chicago and other eastern
points, and which lies over in the
yards for rest and feed. These last,
two classes of business, if interstate,
cannot lie interfered vvitli by the state.
Third—The hilt charges that the
statutory rat*; docs not yield compen
sation for the services rendered by the
company. if this is shown in tlm
proofs the act is invalid.
Fourth itiir constitution provides
that property shall not he damaged as
well as shall not lie taken for public
use without compensation, if a street
iu front of a lot Is graded and t he con
sequence is that the rental of the prop
erty is decreased, it is a case for com
pensation. i am tumble to see any
difference between that ease and where
the legislature by Its direct act redu
ces the earning capacity of the prop
erty.
before rendering a final decree I
wish proofs to he takenon these points.
I wish to know whether the company *
holds itself out to the public as a pub
lie market, what part of Its business
originates in this state destined to the
yards, and wjiiit part oriiriimt.es in or
is destined out of tlie state, and what
is the value of the physical property,
and what is thy value of the stock to
the company. -
An injunction will «-.siie according
to the prayer of the bill, to remain in
force until the hearing, upon the plain
tiff giving a bond with sureties to be
approved by the clerk, in the penal
sum of tm.
'■srnsle l-’lle I Oil "
The officials of a number of counties
in the si ate. says a l.incoln correspond
cut of the Omaha bee. have written to
t he attorney general to find out whetli
er the new law which appears in the
new copy of t he session laws and which
is labeled ••senate tile Kill" is valid and
can be put into practice at the com
ing election: The attorney general
lias answered all these inquiries by
setting forth tile record on this partic
ular bill, but has rendered no decision
as to ns vainmy. i ne mu. as mini
due'd in tin* senate, was calculated to
ullow counties having u population of
s.(MH). ora voting population of l.Pou,
to elect clerks of 1 lie district court at
other times than the regular time for
electing such officials. The hill was
introduced for the special benefit of
Valley county, but if valid could be
taken advantage of by about ten coun
ties in the state this year. The record
shows that th*- hill passed the senate,
hut that oil the hist day of the session
it came to it vote in the house and tail
ed to pass, tile vote being forty-eight
in favor and nineteen against. In
spite of this failure to pass the bill,
however, was certified to the governor,
received bis signature and is printed
in tin* session laws.
Coily l»Mf* i In- r»o|*rr I IiIiii*
Nome time ago Adjutant General
Harry sent to each iiiciiiImt of the gov
ernor’s slat!' and (be officers of the Ne
hr«ft»ku national guard an invitation
to accompany tiovernor Holcomb to
Nashville and participate in the exer
cises mt Nebraska day. tfetober s. ,\»t
iiitswer bits been received from t oloiicl
\\. I t'«*dv, ’Haifa In Hill. in which
he says: T uni pieust* I to *a,y that 1
wilt Im* In N a *h ville with Nebraska’s
w Ihl west I'vliiMlluii on mt niter 7 and
s, and I but if the governor wants any
I hm sew for himself and start', a band.
I regular army soldiers as escort*, or if
I he wishes tli«* entire wild West show to
i turn out m» Nebraska Utn Hint I and
I no cut ire cnut|Mtn> arc at Ids command
I I also wish to extend to him ami hi*
'I officers,, and indies an invitation to
% i*it the wild w* %t exliibitbm daring
oar slu.y In Nashville
Mr hl>iui h h-iukaaf ua ohl rest
i I dent of t*tand Island has ict'i noi a
letter from lli* *>«#»» MiU>am %v ho U at
present making l«U w i to K itHitltlir
1 with a part* *•< eighty men I be let
ter states that tbs* party h*% yet two
I tie at* t%% I ratal he fore tin , react*
i IM* *•<* It l»a* U*t*H very rainy. says
| . the rtrlhr Uw eight day* ami supplies
»| were he* Mining tyemUl * amt sw tMrw
..!•* the diannai uf lies **■ i n earn— ..
I I
I » i, . - ' • ‘ e I H • ,* l
| the writer f* U M«nti«lri|slih ilN'tua
i aged ****** »*f the u****t leistlftil
^ . nritt fl imaginable «*t seen* hat t|pft
» rov *ls» d»s*» - b ihgi w%*a trreiUla.