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.
