Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About The independent. (Lincoln, Neb.) 1902-1907 | View Entire Issue (March 19, 1903)
Insure Your Crops AGAINST HAIL , A HOME STATE COMPANY AND GOOD AS GOLD. The United Hail Insurance Associa tion of Lincoln, Nebr., has paid the enormous sum of $147,300.00 to 1949 farmers who have suffered losses by hail during the past four years. ,This is the oldest and most reliable company in the state. It started this year with over 3,000 of our best class of farmers as members who have their cultivated ground covered with 1 1,360,000 of In surance. The average cost the past three years in the Eastern part of the state has been 2 per cent, on the amount insured, while other compan ies have not carried it for less than 4 per cent. GOOD AGENTS WANTED. SEE United Mutual Bail Ins. Association, 116 So. 10 th5C Lincoln, Nebr. . HAPNESSoitP' HORSE COLLARS aw . m .w a 1 ASKY0UftpEALRTOSHOV7Tl BEFORE YOU BUY. - MNUFACTURED By HARPH4U BROS.CO. Lincoln, Neb. PUBLIC OWNERSHIP Xebrask in the Iad-rirat StaUtoOwn Bailrcads When Shall Possessions be Taken t Last week on page 13 of The Inde pendent appeared a communication from George B. Galbraith of Fairbury, Neb., commenting upon our supreme court's decision in the case of McLucas vs. St J. & G. I. R. R. - Owing to limited space then, The Independent's reply to Mr. Galbraith was omitted, but is given this week. The law as laid down by the court is as follows: "1. Under the provisions of sec tion 4, article 11, of the constitution of Nebraska, railroad constructed and operated in this state i3 a public high way, "2. 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." What was then written in reply to Mr. Galbraith's letter follows: PILE We. cure Piles, Chronic Constipation Fistula, Protrusion, with our twenty year old HERMIT RECTAL HOME TREATMENT No Knife No Burning No Injection of Poisons. v. NO DELAY FROlU BUSINESS CURE GUARANTEED. Out book, "Temple of Life," FREE Mention paper. We invite correspondence with full particulars of your case. HERMIT REMEDY COMPANY, 738 Adams Express Building, Chicago, III. Wnmnn Arlrtraoii oDannrfrnnnl V.7 ONE-WAY RATES To Many Points in Gel- ifornia VVash- ington and rT5- Oregon. EVERY DAY The Union Pacific will sell One-Way Colonist Tickets at the following rates From Missouri River Terminals $25 to San Francisco, Los Angeles and many other California points. Tickets on sale Feb. 15 to June 15, '03. $20 to Ogden and Salt Lake City. $20 to Butte, Anaconda and Helena. $22.50 to Spokane and Wanatchee, Wash. $25 to Everett, Fairhaven and New Whatcom, via Huntington and Spokafce, $25 to Portland, Tacoma and Seattle. $25 to Ashland. Rosr- burg, Eugene, Albany and Salem, via Portland. Tickets on sale Feb. 15 to April SO, 1903. E. B. SLOSSON, Gen. Agt, Lju-.:: O stt Lincoln, Neb. The opinion itself is rather too long for publication here at this time, and is indeed not necessary except to show the reasoning by which the court ar rived at the conclusions stated in the syllabus. The supreme courts of the various states are hopelessly divided upon the question raised in this case: Wheth er title to a railroad right of way can be divested by adverse possession. This decision has placed Nebraska along with Ohio. Iowa. Kansas. Ten nessee and California. But Michigan, Minnesota, Indiana, Illinois, Massa chusetts and New York hold to the contrary view. While The Indenendent hellfivps with Mr. Galbraith that the decision Is erroneous, beine based nnnn a faulty definition of the term "public" as used in the constitutional section quoted, yet it cannot agree with him in Ms suspicions that the court has succumbed to railroad influence. The private ownership, of what should never have been anything but a pub lic highway, in the truest sense of that word, has done more to increase the complexities of modern jurisprud ence thah probably any other one thing, and it is small wonder that courts have - been perplexed The whole matter started off on the wrong foot and every effort to "catch step" has simply added to the difficulties. There should be no such thing as pri vate ownership of a highway of any sort. Section 4 of article XI. of the con stitution provides that "Railways . . . are hereby declared public highways, and shall be FREE to all persons for the transportation of their persons and property thereon." Yet no person ever dreamed that ALL persons could use these "public" highways without payment for the service, even if some members of the legislature and some judges and court commissioners do ride "free" in every sense of that word. The term "public" in this sec tion must be defined in harmony with the word "free" in the same section. Railways are "public" highways just as the Lindell hotel is a "public" hostelry; both are private property, but neither can lawfully dray ary person transportation of lodging nn'd board, as the case iw.w be, 'pnivii-J he complies with the reasonable rjy.s and regulations laid do?n or per mitted by law. There is not the slightest doubt tnat a railroad right of way is PRIVATE property, just as truly as the Lindell hotel is the private property of Hoov er & Son. The general public has the same interest in the preservation and maintenance of hotels as it has of railroads, the onlv .iifferenrp hrim one of degree. In neither case ?a? the public any ownership Ja the thiaj.; it is "interested" in. And the nncstinn of adverse possession goes fo propprty ngms, to tne right of ownership In an edit6rial note in th Harvard Law Review for June. 1901. (15 H. L. R., 146), commenting on property ex empt irom tne operation of the statute of limitations, the editor said: A novel extension of this rule (that the statute does not run against the sovoreiern) has recently been mad by the California court. ... The court held that as the land belonging 'to the railroad had been set anart for nnh- Uc purposes, it was exemnt from Hia running of the statute. . . If the fee vested. In the trovernmenc. ih .Te ds tn is clear? v rieh ... If on ihfi ether hand, the land has be-m irrantf.l away, tne decls'on may well bo doubt ed. . . . On principle, there seems to be no reason for exempting the rail road. Although it has many public duties to perform, yet it is strictly a PRIVATE corporation, formed by voluntary , agreement, and operated for private gain; In no regard is it a ruiJLiu corporation. (ML Hope Cemetery Co. vs. Boston, 15 Mass., 509, 521.) But more than that, the poncy underlying the exemption does not apply. Government lands are so scattered that, with tha hpst: of offi cials, it is hard to keep track of them ana to act promptly against adverse holders. But the land of a railroad Is always within easy reach and con trol of its officers, and the policy of the statute of limitations that of quietine and securing titles applies as strongly in tneir case as any. The fact Is that our court, In the case of Meyers vs. McGavock, 39 Neb., 843. held that a railroad com nan v might acquire title to real estate for railroad purposes, where the road had been in onen. notorious. atpIhrIva. and adverse possession for ten years, and it is certainly a queer rule that will permit the road to gain but not lose V -3 f A r - A 17V 1 tor.) Subsecment InvpstleaHnn onAs the associate editor to believ that this decision may prove of greater benefit to the people than would appear at first Klance. There is no doubt that the general rule is that railroad prop erty, although subject to public reg ulations to some extent, (where thev can be enforced ). Is nevertheless PRI VATE property and fully protected by tne mn amendment of the federal constitution. And if that, is the t.ruj rule in Nebraska, the McLucas deci sion is not only erroneous, but it works an injustice and hardship to manv more than the McLucas Bros. But it will be remembered that in the Rock Island-Zernecke case which went to the United States supreme court from this state, the. court held the company as an insurer for the passenger's safety, because the stat ute of 18C7 so required, and this stat ute became a part of the contract be tween the state and the company, a part of Its charter to do business In the state. Now, suppose the constitu tional provision declaring railroads "public highways" should be construed in accordance with the rule which prevails as to all other "public high ways'what then? Then every foot of railroad in Nebraska JLs public property. To hold this, would not be taking private property without due process of law, because every railroad company doing business in the state built its road (or bought one already built) with full knowledge that it was building a "public highway." Because the state has not seen fit to take pos session of its own, is no argument against the validity of its ownership. Besides, the statute of limitations does not run against it. The rolling stock, of course, still belongs to the railroad corporations; but the road bed, right of way. and road itself un doubtedly" belong to the public or state. Instead of attemntine to tax fran chises, what is the matter of the leg islature declaring the necessity for the state to take possession of its own property? There need be no chance in management at present, but let the operating companies pay the state an annual rental in lieu of taxes. ADVERTISING THAT PAYS When Jii'rr'nl In The Independent it Reacl.- '1 In r Konr Tlntes aa Many 111 ( iii I'iijipi of Like i .1 li: 1 1 tl The difTic Itks t hat reform paper constant! jr.cct i-an only be known to those that have to contend with them. The rate per line per thousand copies of circulation has a fixed valua tion with advertising agencies and it applies to all papers except to papers that fight plutocracy and the trusts. The methods used in arriving at the true circulation are the same in all cases. Postoffice receipts and an open inspection of the books tell the tale, yet there is such a prejudice worked up by those who accumulate millions from special, privileges that business men everywhere, and especially in the east will pay. double the amount for advertising space in a paper that is in harmony with high protection, trust combinations and imperialism, that they will for the same ' space in re form papers with like circulation. Yp an advertisement in a reform paper is read by three or four times as many people as In a plutocratic paper of the same circulation. The man who sub scribes and pays for The Indenendonr does so for the purpose of reading it and he generally reads all of it Thousands wait anxiouslv for exoh edition to appear as is shown by the letters that come to this office if any 01 mem ran to get their papers on time. That an advertisement is three or four times more valuable to the advertiser when it appears in The In dependent than in other papers of like circulation is shown by the following icuer: , Ohio Paint & Varnish Co.. Findlay, Ohio.. Nebraska Independent. Gentlemen: In answer to your favor advising us of the expiration of our ad. in your valued paper, we are glad to say that we ran the ad. in four papers In different sections of the country with the same ad. at the same time and we received double the amount of replies to our ad. in your Paper that We did to the thrn nthf.ro combined. We received answers from an over the country wherein they said that they saw our ad. In The Inde pendent We will certainly recom mend your paper to any one wanting nu a.u. n a paper that reaches tv, : people. Yours truly, J. II. MOYER. BEWARE OF OINTMENTS FOR CA TARRH THAT CONTAIN MERCURY as mercury will surelv dMfmv t sense of smell and comnlerivlv flpr antra the whole system when entering it mrougn me mucous surfaces. Such articles should never be used on prescriptions from reputable phy sicians, as tne damage they will do is tenfold to the good you can possibly derive from them. HaII'b Cure, manufactured by F. J. Cheney & Co., Toledo, O., contains no mercury, and Is taken internally, acting direct ly upon the blood and mucouH surfaces 01 tne system, in huylng Hall's Ca tarrh Cure be sure you get the genuine IS is taken internally, and mndo i Toledo, O., by F. J. Cheney & Co. Testimonials free. Sold by druggists, nrice 73c nr tie. Hall's Family Pills are the best. Try one of Branch & MillPr'n mm. ) bination orders for groceries. It will ' save you money. Mr. Rideout. whoso ... v ' V WSJmt V l . headed "Sexolne-v" nnnnara In hta o sue, is unique among book dealers. He sends books all over the world on the "money back if vnn want plan. Certificate of Publication Stati of Nebraska . Office of Auditor of Public Accounts . . A,ni"' February et, 1901 It la hArtihv rart.iflari That U..,.i it. , .u, ,u, nuiuil of New York, has complied with the Insurance Lw of this State, applicable to inch companies and it therefore authorized to continue the bna. inegsof Lira InonrAnra in thi Ht.t. .u currant Tnr ndlnrr Jnurw 'Jiof inn Summary of Report Fild for tha Year Endln Premiums $ 66,874,002.15 All other ources .... 16,40,900.89 laI 73,305,022.74 TWHUf.aawirvrrm Taid policr holdri.$ 29,07 1,:trX. 02 All other payments. 15,078,949.50 , , Total 44.15!V7.5S Admitted assets $J82,432.CSi.U) LIABILITIES Net reserve $311,:to;V!47.00 Net policy elaims.... 1.68,8fl.20 ' All other liabilities. 09,441,248.10 382.432.(581.30 To"1 2,432,6i.:n W unfiin rrif Imnii una th rf th a .-.li. of l'ublia Accounts the day and year first above written. Ohastkb Weston, Auauor of iiiMic Accounts, J. L. PlEBCE, - Deputy. Doyle & I3erc; Attorney a at Law NOTJCE OF PARTITION 8ALE Not. if A is hnrehv r(vn that tha tm1.Film,.il . as referees, duly appointed by the District uourt or jjancaster county, Nebraska, iu an action penliD in said court, wherein Mary J. Cnnfield Taylor and - Cleora Wilkinson are piainuiis, ann nenry m. eaniora. Kebecca Han ford, AIodzo D. Wilkinson and William O. Tay lor are defendants, to partition the lands of tha parties to said action, and on the 4th day of March. 1903, the report of said referees to the eliect that said real estate could not be parti tioned without great prejudice to the owners thereof, was approved, and said referees were ordered by said court to sell said lands at pub lic sale, as upon execution, at the front door of the court house in Lincoln, Lancaster County, Nebraska, for cash. The said referees, pur- -uant to said order of said court, and their ' prescribed by law, and taken the oath of their' oflice, will on the 7th day of April, A. D. 1903, at the east front door of the court house in Lin coln, Lancaster County. Nebraska, at the hour . of 2 o'clock p. m. of said day, sell for cash, to the highest bidder, at public auction, the fol lowing lands, to-wit: Lot twenty (20) in Fairbrothers' Sabditision of part of the northeast quarter (N. E. M) of section twenty-four (24) township ten (10) range six .6) eastof the Gth P. M , ana lot four (4) in liarley'sand McFarland'sSubdirision of Block thirty-six (3G) and part of lot thirty-five (35) in Fairview, as described in the recorded plat thereof. Said Fairview being on a part of tha southeast quarter (S. E. M) of section thirteen ('3)townshipten (10)range6 (6)eastof the 6th P. M: also lot seven (7) in block five (5) in Meehan- io'Arlriitinn tn t)i Citwnt T.inonln allT.ani,.. County, Nebraska j also the southeast quarter1 - L 1 ,l . .... . . C4. V4.) vi sreuou iweni)-seven (it) 111 town-, ship six (6) north of range twenty-five (25) west in Frontier CYmntv. K.hncla Knnt.lnini, iriii - - - - - 0 , ,v.. vu W ' 1 1. . 1 1 t v 1.1 1 1 t a nvioa iiu iov iwcito vl) auu vuo east one-nan E. Vt) of lot eleven (11) all in block one hun- urea-eigmy-uiree uwj in ine aty or Lincoln,' Lancaster County, Nebraska; also lot six (6) in of Lincoln, Lancaster County, Nebraska; lot "13" of Brock's Subdivision of lots thirteen (13) and fourteen (14) in block fifty six (56) in tu City of Lincoln, Lancaster County, Nebraska. . . Nicholas Ress, j Carleton E. Looms, '' . ' Dated, this Ith day of March 1903. " -