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About The independent. (Lincoln, Neb.) 1902-1907 | View Entire Issue (March 12, 1903)
MARCH 12, 1303. THE NEBRASKA INOEPNEDENT. 13 THE M'LUCAS CASE fnprem Curt Decisis Hu Areased Pnblic SsatlmtBt 1 OppoIUn Editor Independent: The supreme court of Nebraska recently decided a case which is of vast importance to a great number of property owners of this state, and particularly those whose property adjoins the right of way of the various railroads of the etate. The case I refer to is entitled iVicLucas vs. St. Joseph and Grand Isl and Railroad Co. The syllabus of the opinion, as appeared in the newspa pers, is as follows :r "1. Under the provisions of sec tion 4, article 11, of the constitution of Nebraska, a railroad constructed and operated in this state is a public highway. ' ' 42. The general public has - the same interest in the preservation and maintenance of railroads as it has in the maintenance of other highways, and the title to a part of a railroad's right of way, while such road is be ing operated as a common carrier, cannot be divested by adverse posses sion." : ' The facts in this case,-briefly stated, are about as follows: -In 1872 the rail road company obtained deed from one Ryburn, who homesteaded the land in controversy, to a strip 100 feet wide for the Tight of way, and in .1874 filed this deed, and had it . recorded here, in 1883 a part of. this homestead was laid out into lots, blocks, streets and alleys, and platted as a subdivision to the city pf Fairbury, extending' on botn sides of this right of way, and in' conformity with the 100 feet right of ivay, which plat was duly recorded. Afterwards lots and blocks were: sold1 jto various purchasers, and , deeds made 'and 'u recorded - giving - the metes and fcounds as shown- by this plat. In 1886, McLucas Bros, purchased a num iber of these lots and placed their deed tof record, and immediately erected stock yards, scales and made other lasting and valuable improvements thereon, conforming the same to a distance of fifty feet from the center of the right of way, and have con tinued to so occupy the same ever since, openly, exclusively, notoriously, and adversely, claiming the premises as their own. and had no notice until the commencement of this suit in 1898, that the railroad company claimed any part'of the land in dispute. The rail road company now claims a right of ,' - wv 200 feet vHde. under a grant from the United States government, dated July 23, 1866. This means about 25 acres to the mile along the St Joseph & Grand Island railroad, and about 50 acres ' to the mile along the Union Pacific railroad, where it claims., a right of way 400 feet wide, under a similar grant To McLucas Bros, this case does not mean very much, but to the railroads in this state it means a gain of $50,000,000 at least, and to the people whose lands are taken it means a loss Of $50,000,000 at least. The above case was taken from the 'district court of this, Jefferson, coun ty and while the amount involved in this particular case is small, yet the statements contained in the second section of the syllabus are so sweep ing as to call for more than a mere passing notice. Not only is the rule laid down above, novel, but startling as well. ' I am not a lawyer, and make no pretension to that branch of learn ing; I am just a plain, common, ordi nary farmed and nurseryman. But jwhen I read that the public has the same interest in the preservation and maintenance of the railroads as the state has in the maintenance1 of its highways, I began to wonder when the state has acquired title to the rail roads and when the section foreman .would be coming along calling us out to work out our poll tax on the sec tion; and if the public had such a deep interest in railroads, why it was that the, good people of Omaha and other cities were struggling so hard for the passage of the late famented H. R. 330. If the above rule be sound, then why seek to tax the terminals of the railroads without including the school houses, court houses, the capitol, the university, arid other public buildings and grounds? I suppose if the income of the railroads were not sufficient to pay "the regular quarterly dividends on the stock, watered and otherwise, and at the same time furnish sufficient revenue to maintain the road in a. good condition, that the railroads will apply to our legislature for an appro-; priation to meet such deficiency, be cause of this GREAT PUBLIC inter est; which the state has in their ""preservation and maintenance." In view of this decision of oun supreme court how can any fair-mnided man or -well-meaning newspaper heap censure and opprobrium upon the head of John N. Baldwin & Co. and the fifty three statesman who are doing all in their power to prevent railroad taxa tion? Are they not serving a GREAT PUBLIC interest by so doing?,. In stead of all this censure, ought not the constituents of these statesmen(?) meet them at the depots when they return to their homes from their leg islative labors with brass bands, flar ing trumpets, waving bunting, red fire works, and tumultuous shouts of ap proval of their noble deeds heroically performed? Why? Because they saved the railroads from paying their just share of municipal taxation? No! Because they prevented the cities from taxing the state,, or its wards, the railroads. . A man said to me the other day, "When the railroads of this state un ite to oppose any measure, or seek the enactment of any measure, they 'us ually succeed. What they cannot ob tain at the hands of the legislature they seek and obtain from the courts." I have always helieved in the integrity of the courts and the sacredness of the judicial ermine, and was therefore very , reluctant to be lieve the truth of the foregoing state ment, but I am free to admit that my sense of justice has been shocked when I realize, that the railroads of this state through our supreme court have obtained a modification of a plain enactment of the legislature, which says: "Civil actions can only be com menced within the time prescribed in this title, after the cause of action shall 'have accrued. "An action, for the recovery of the title or possession of lands, tene ments, or .hereditaments, can only be brought within ten "years after the cause of action shall have accrued." Can language be more plainer than the above? Yet our supreme court has seen fit to ignore it, or to so modify it as to exempt railroads from its binding effect. I very much doubt if the railroads could have secured ' so great a ebneession from the present legislature, bound hand and foot as it appears to be, and again I hear the statement echoing in my ears: "What they cannot obtain at the hands of the . legislature, they seek and obtain "from the courts." I was formerly a republican, staunch and true, but I became con vinced that the controlling element in that party was entirely too suscepti ble to the corporation branding iron, and its chosen officers too forgetful of the rights of the people, so I left the republican party and have 'since af filiated with the people's independent party. I have often taunted my re publican neighbors and friends for continuing to support a party whose leaders are sp notoriously subservient to the whip and lash of their cor poration masters, who were willing tools and fawning sycophants, and who for a little free transportation would sell their personal independence and barter away their country's free dom. And so, for the last ten years i have loyally supported the principles of the people's party, and faithfully upheld the honor and integrity of nom inees and officers elected by that par ty; and it was with pardonable pride that I was able to point to some of their records as being without spot or blemish. I am at present chairman of the county central committee of the people's party; but if the above deci sion is to stand, coming from a court the majority of whom I helped to elect, and over whose election I re joiced, then I am through with poli tics. I should like to hear from some of the other people of the state on this question, through the columns of your estimable paper. GEO. B. GALBRAITH. , Fairbury, Neb. SPECIAL MARKET LETTER FROM NYE & BUCHANAN CO., LIVE STOCK COMMISSION MER CHANTS, SO. OMAHA, NEB. SPECIAL MARKET LET.. N..N Beef steers made an advance of 15 to 20c last week, but lost most of it first two days this week. However, Wednesday recovered 10c again and the market now has a good healthy tone again. Principal cause of decline was the big run of 30,000 in. Chicago Monday and two days' heavy run here. We quote best beef steers $4.60 to $5.00, good $4.00 to $4.50, warmed-up $3.75 to $4.4 9; choice cows and heif ers $3.50 to V4.00, fair to good $2.85 to $3.40, canners and cutters $1.50 "to $2.50; choice stackers and feeders $4.20 to $4.40, good $3.75 to $4.20; bulls slow sale at $2.50 to $3.70; veal $4.00 to $6. Hog receipts light. Range $7.00 to $7.45. Sheep receipts also light Market steady to strong. s- - . Killers. Lambs . . . , .1 $6.00-$6.5O Yearlings t 5.50- 6.0Q Wethers 5.30- 5.60 Ewes. ...... i............... 4.25- 5.10 Write a postal card today if you want to take part in The Independent's school of political economy. , r f. WBt Pot to Our car of Genuine Muscatine, Iowa, Sweet' Potatoes will be in about April first . Price's as follows : . ' .t - ' ;" ,"..,'V- ., , ' ,; " "' . Per bo. Perbbl. Yellow Jery.... .. $1.50 $3 25 Yllow Nansemond ..: 1.50', 3.25 Red Bermuda .,2.00 4.50 Early Golden ?.00 . 4.50 ( Southern Queen. .... ...... 2.00 4.50 V Vineless .....2.25 5.00 Red Jersey... ... 2.25 5.00 ' A discount of 25c per bbl. in five-bbl. lots. . . N Good Seed Sweets are scarce and may be much higher. Give us your orders at once so that you may have them promptly on receipt of potatoes. Griswold Seed Go., LINCOLN, NEB. P. O. BOX K IL I lie Uixiby dccu rami A Columbian Beauty Seed Corn, the premium corn of the world. It tooV the premium 6 t the World's Fair. The Corn ia iu white, large grain and small Cob, weighs 6o Pound to the Bushel, 3 to 5 Ears to the 5 talk; grows from ajo to 300 Bushels to the 4 Acre. It is worth its weight in gold. The Seed from which this Corn was grown was h brought here from Genoa, Italy, in 1S90. by Col. Geo. Siewers. The price of thin ralua- ble Corn is, by mail, postage paid, Half Pound 30c.. One Pound goc.. Three Pounds $1.00, One Peck $3.50, Half Bushel $4.00. Cne Bushel $7.00, Two Bushels $ia.oo. v Every package guaranteed to giro satisfaction or money cheerfully refunded at once. I refer yon to 8. E. Stewart, postmaster at this place, or to any reliable merchant Order today and be ready to plant when the season comes. The best is always the cheapest. A For a success, . . I THE DAISY SEED FARM si IS liua II CO R N Get a Larger Corn Crop by planting high bred seed. My varieties include corn that is suitable for different climates and localities. Carefully selected seed, shelled orin the ear. Illus trated seed catalogue free. Enclose 2-cent stamp and samples of six varieties will be sent to you. Write today. Address C. M. WEST, Shenandoah, la. THE ARLINGTON NURSERIES HAVE IN STOCK S 500,000 Apple Trees, 125,000 Cherry Trees, 75,000 Plum Trees and a complete line of small fruits, ornamentals, roses and evergreens. Our fruits won HIGHEST AWARDS at Omaha in 1898, Paris in 1900, and Buffalo in 1901. Location, one of the leading fruit districts of Nebraska. Immediate access to main lines of leading railroads; thus the advantage of quick shipments. We make a speciality of hardy varie ties which are adapted to Nebraska and the Northwest. Catalogue mailed upon application. MARSHALL BROS., Dept. C, ArliDgtco, Mr., Washington Co. mmmmmmmmmmmmmmm JJ if V V R ELI AB L E S EE D CORN MADE FROM PHOTO OF OUR CATTLE KING CORN. Vaneanl'o A11 tTpland Grown on our own farms, 1902 crop. Guaranteed to grow where VdllOuNI 5 any corn will grow. Varieties include corn suitable for dffcrent climates and Cflnrl Porn localities. Corn especially bred for cattle feeding purposes, yields from 60 uColl UUIII to 100 bu. per acre; everybody wants this variety. Also a fine yellow early 100-day corn, splendid yielder; also a'fine vrhite variety, grows on white cob, etc. Van sint's Seed Corn never disappoints. Write for free Sam pies and Circulars. 11. II. I HUtfl fcVMJ Sacked and F.O. B. cars at $1.35 per bit. IsiaikBidMUlMBM Oars hro stood the teat of 50 years. Send for Catalosue. 600 Acres. 13 Oreenbonses. Establlebed 1852. 1MIOEKIX NCRSEKY COMPANY, 9 1260 Park Bt, Bloomtorton, Illinois.