The independent. (Lincoln, Neb.) 1902-1907, March 19, 1903, Page 13, Image 13

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    Insure Your Crops
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.
United Mutual Bail Ins. Association,
116 So. 10 th5C Lincoln, Nebr.
aw . m .w a 1
Lincoln, Neb.
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:
We. cure Piles, Chronic Constipation
Fistula, Protrusion, with our
twenty year old
No Knife No Burning No Injection
of Poisons.
Out book, "Temple of Life," FREE
Mention paper.
We invite correspondence with full
particulars of your case.
738 Adams Express Building, Chicago,
III. Wnmnn Arlrtraoii oDannrfrnnnl V.7
To Many
Points in Gel-
ifornia VVash-
ington and
rT5- Oregon.
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
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
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
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
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.
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
, 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
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,
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
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
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
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)
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
of l'ublia Accounts the day and year first above
written. Ohastkb Weston,
Auauor of iiiMic Accounts,
J. L. PlEBCE, -
Doyle & I3erc; Attorney a at Law
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. " -