12
THE NEBRASKA INDEPENDENT
APRIL 2, 1903.
1
THE RAMSEY BILL
Si
to J .
! y
I 3'
A Stoat" GIt In PUc of tha "Bread
Asked for by tha Firmtri
It is probable that the" Ramsey bill,
as amended by the railroad lobby, will
hare become a law before the next Is
sue of The Independent Is printed. It
had passed the house, but was amend
ed by the senate and passed in the
fo lowing form: . Tr
"Section 1. Section 1 of article v.,
chapter 72 of the compiled statutes of
r" Nebraska, is amended to read as fol
lows: Section 1. Every railroad cor
poration shall give to all persons
and associations reasonable
and equal terms for the transporta
.1. mM.hon((iaii or oher
- ill rL li 1 Alliii W 1 1 . i i w
property of every kind and descrip
tion, upon any railroad owned or oper
ated by such corporation within this
state; and for terminal handling the
use of the depot and other buildings
and grounds of such corporation, and
at any point where its railroad shall
connect with any other railroad, rea
sonable and equal terms . and facili
ties of interchange and shall promptly
forward merchandise consigned or di
rected to be sent over another road
connecting with its road, according to
the directions therein or accompany
ing the same; and every railroad com
pany or corporation operating a rail
road in the state of Nebraska shail
afford equal facilities to all persons or
associations who desire to erect or
operate, or who are engaged in operat
ing grain elevators, or in handling
or shipping grain at or contiguous to
any station of its road, and Bhall sup
ply side tracks and switch connec
tions, and shall supply cars and all
facilities for erecting elevators aid
for handling and shipping grain to all
persons or associations so erecting or
operating such elevators, or handling
and shipping grain, without favorit
ism or discrimination in any respect
whatever, provided, however, that
any elevator hereafter constructed, the
construction of which shall cost not
less ' than $3,000.
Section 2. Section 4 of article V.,
chapter 72 of the compiled statutes of
Nebraska, "is amended to read as fol
lows: Section 4. Any railroad com
pany, officer or agent thereof who
wilfully violates or evades any of the
provisions of this act, shall be liable
to the party .injured for all damages
sustained by reason of such violation,
- and in addition thereto, shall be lia
ble for each offense to "a penalty of
one thousand dollars, which may re
recovered in any county by an action
In the district court where such rail
road company or corporation is doing
business. .
"Section 3. Said sections 1 and :
of article V., chapter 72, of the com
piled statutes of Nebraska, be and
the same are hereby repealed.'
Article V. of chapter 72, as it ap
pears in the compiled statutes of 1901,
is a return to chapter C8 of the ses
sion laws of 1S81. It was supposed
that this chapter was repealed by
chapter 60 of the laws of 1887 (the
board of transportation act); but, in
the case of State vs. B. & M. R. Co.,
CO Neb., 741, the act of 1887 was held
unconstitutional. Then chapter 5C of
the laws of 1901 sought to repeal the
act of 3887, together with the act of
1885, which created a board of rail-
road commissioners. The Ramsey bi'l
seemingly amends the act of 1881
but the "difficulty is to know the status
of the act of 1881.
Aside from mere technical objec
tions, however, The Independent be
lieves that the farmers' co-operative
associations will, after tedious law
suits, discover that the Ramsey bill
is simply a "stone" given them when
r they asked for "bread." And why?
Simply because the principle Involved
that of securing elevator sites on the
antl-dlscriminatlon theory is not
good. It was thoroughly discredited
In the Elmwood elevator case.
In this case (Mo. P. R. Co. vs. Ne
braska, 164 U. S., 415) the United
States supreme court said:
"A railroad corporation doubtless
holds Its station, grounds, tracks, and
right of way as its PRIVATE prop
erty, but for the public use for which
it was incorporated; and may, in ITS
discretion, permit them to be occu
pied by other parties with structures
convenient for the receipt and de
livery of freight upon ITS railroad, so
long as a free and safe passage is left
for, the carriage of freight ana pas
sengers. (Grand Trunk R. Co. vs.
iichardson, 91 U. S., 454; 23 U. S.
Sup. Ct. Rep., 356.) But how FAiv
the railroad company can -be COM-
ELLED to do so against its will, is
wholly a different question.
It is doubtless true that under prop
er legislation a
run against the sovereign; hence, no
person could acquire public property
by adverse possession, however long
and peaceable. Our court has applied
this to railroad rights of way, and the
conclusion is irresistible that these
rights of way must be PUBLIC PROP
ERTY. There is only one possible
loop-hole: Like Louis of France, the
railroad corporations might Insist that
"I am the state" and there are many
things In the actions of this legisla
ture to warrant such a statement.
What shall be done? The Indepen
dent advises this: Apply to the coun
ty commissioners for permission to
erect an elevator upon a specified por
tion of the "public highway," to-wit:
Upon the right of way of the Blank
& Blank Railway, and, with such per
mission granted, go ahead with the
railroad company building. You will probably be stopped
could be compelled to erect grain ele- by a writ of Injunction, or you may
vators of its own, just as it may be find it necessary to apply, for one
romnelled to erect station houses. J yourselves to prevent section men
reizht ware houses, etc.. where a from tearing down at nignt as mucn
reasonable necessity therefor exists, as you put up in the day time; but
But the Ramsey- bill contemplates In any event, with proper legal aavice
nothins of the kind. It contemplates you can get Into court in sucn a man-
compelling the railroad company to ner as to raise the question of owner-
"afford eaual facilities" a glittering ship squarely. In short, if the Ram
generality which it would be difficult sey bill is enforceable at all, the pro-
to prove in court that is being vio- cedure must begin before the county
ated anywhere in Nebraska today. board upon tne tneory mat -me rau-
What are "eaual facilities?" Does road right of way, being a "puonc
it mean that in a town where 500. highway," is subject to the supervl
farmers bring their grain to market sion of the board, and puMic prop-
there may or shall be 500 grain ele- erty.
vators? Assuredly not. Would one
elevator be enough? . . Probably; and The leading articles in Wilshire's
yet it might not Under the Ramsey Magazine for April are Prehistoric
bill who is to determine this ques- Remains at Harlyn Bay. by Prof. Da
tion? Apparently no one; probably vies, of Yale;: Ingersoll, the Orator,
the court before whom is tried tne bv Louville H. Dyer: ' Forest Protec
damage suit contemplated in the provl- tion by Theonhil . Staneer: an Inter
sions of the second section. But that view with John A. Hobson. the famous
would be a case of locking the stable English economist, now lecturing in
after the horse had been stolen. this country: SDartans and Helots.
Who determines how many miles of by Prof. T. E. Will, and a further in-
railroad shall be built in Nebraska? stalment . of Jack London's powerful
The courts? No. The owners of pri- story of the People of the Abyss. The
vate capital? Yes. Would it require editorials on the Approaching Nup
a Ramsey bill to permit private capi- tials of the Trust and the Earth, the
talists to parallel the B. & M. from Mysterious Mr. Hearst, and Senator
Plattsmouth to Kearney? Hard iy. Hoar's Broad Creed exhibit Editor
There is a general law regarding rail- Editor Wilshire's comprehensive grasp
roads, arming them with the right to cf present-day affairs and his faculty
have eminent domain exercised in Df mittine somewhat abstruse ideas in
their lavor, and they are hunt where popular and easily intelligible form,
in the judgment ot the private capi
talists it will finally prove profitable
to build thern ; -
Is there any. law requiring a rail
road company to expend any given
amount of money in constructing its
is, that if this legislature had enacted ANUrAliNrUL JUIIMIb OAUbtU DT
SWOLLEN
FiNGERS
a law similar to the Minnesota ele
vator law, the farmers' associations
would have won a -decided victory, be
cause that law recognizes a grain ele
vator as a public necessity in the
transportation of grain a connecting
link in the chain and the state ex
ercises eminent domain in favor of any
RHEUMATISM
A Severe Case at Candla, N. H Cured by
Dr. Wlllinins' Pink Pilla
for Pale People.
'A few years ago," says Mrs. F. D.
DEAFNESS CANNOT BE CURED
by local applications as they cannot
reach the diseased portion of the ear.
There is only one way to cure deaf
ness, and that is by constitutional
remedies. Deafness is caused by an
inflamed condition of the mucous lin
int nf the Eustachian Tube. When
this tube is inflamed you have a rum
hHne sound or Imperfect hearing, and
when it is entirely closed, Deafness is
the result, and unless the Inflammation
can be taken out and this tube restored
to its normal condition, hearing will
be destroyed forever; nine cases out
of ten are caused by Catarrh, which
Is nothing but an inflamed condition
nf the mucous surfaces.
We will give One Hundred Dollars
for pny case of Deafness (caused -by
catarrh) that cannot be ' cured by
Hall's Catarrh Cure. Send for cir
culars, free. F. J. CHENEY & Co.,
Toledo, O.
Sold by Druggists. 75c.
Hall's Family Pills are the best;.
Did. Jl. U. THOMAS
Special Attention divert to Dis- .
ease of the RE CT UM and
DIGESTIVE TRACT
1319 O STREET, LINCOLN, NEB.
LEGISLATURE
ALMOST THROUGH
BY FAR THE ABLEST ASSEMBLE
OF NEBRASKA LAW-MAKERS
EVER GATHERED AT
THE CAPITOL.
i
IS NOW COMPLETING ITS WORK
Unfairly Criticised and Badgered by,
Partisans It Has Attended Strict
ly to Business.
person" who desire3 to build an ele- Rowe, of Candia, N. H., "when I had
vator upon the railroad right of way been suffering the agonies of rheu
and is willing and able to Day a rea- matism for two years, I found relief
sonable compensation for the site to in Dr. Williams' Pink Pills for Pale
its private owner, the railroad com- People. Before I tried this remedy
pany. my fingers were swollen and all my
This is the correct theory. No joints pained me terribly. The disease
high-handed "order" requiring the affected my stomach so that I became
railroad company . to "give" or "af- troubled with indigestion and con
ford" "equal facilities" amounts to a stipation, my nervou3 system became
pinch of snuff if enforcement of that unstrung and I found myself melan-
order means the taking of the pri- choly snd morose and in a generally
vate property of the railroad com- miserable condition. And all the time
pany without rendering due compen- I was in pain from the, rheumatism
sation. , . "An account in the papers of a per
son cured of troubles like mine by Dr.
However, let not the Farmers' Co- Williams' Pink Pills, led me -to try
operative Grain and Live Stock asso- them, and before the first box was all
ciation (and company) despair. There taken the pain and soreness seemed
may be a way out although it will better. A few boxes more drove the j
take a number of years in litigation to rheumatism away and now I feel
determine it. well. My husband also took this
Our supreme court, in the case of medicine for rheumatism with gratify-
McLucas vs. St. J. & G. I. R. Co., holds ins results."
that "under the provisions of section The real cause of rheumatism is the
4, article 11., of the constitution of presence of acid in the blood, which
Nebraska, a railroad constructed and irritates the sensitive tissues that
operated in this state is a PUBLIC unite the joints and cover the muscles,
uiuhway, and that the "general 1 thus causing those indescribable tor-
public has the same interest in the tures which rheumatic sufferers en
preservation and maintenance of rail- dure. Dr. Williams' Pink Pills for
roads as it has in the maintenance of Pale People go directly to the seat of
other highways," and that, therefore, the trouble, purifying and enriching
the title to a part of a railroad's the blood by eliminating poisonous
right of way, while such road is be- elements and renewing health-givin;
ing operated as a common carrier, forces, thus making a potent remedy
cannot be divested by adverse posses- for curing this disease. -
sion." Dr. Williams' Pink Pills are a nosl-
Interpretlng this in harmony wiih tive specific not only for rheumatism.
the rules of governing highways gen- but for such diseases as locomotor
erally, and with the rules governing ataxia, partial paralysis, St Vitus'
the ownership of property, this seem? dance, sciatica, neuralgia, nervous
to indicate that the OWNERSHIP of headache, the after-effects of the grip,
railroad rights of way in Nebraska i? of fevers and other acute diseases,
vested in the public. Of course, the palpitation of the heart, pale and sal-
United States supreme court holds low complexions and all forms of
otherwise in the Elmwood case above weakness either in male or female. Lr,
cited but this point has never been Williams' Pink Pills for Pale People
urged: That the constitutional pro- are sold by all dealers or will be
visions in section 4 of article 11, are sent postpaid on receipt of price. 50
a part of every railroad charter in Ne- cents a box; 6 boxes for $2.50, (they
braska, and that the roads were built are never sold in bulk or by the hun
wlth full knowledge that the owner- dred) by Dr. Williams Medicine Co.,
ship is in the public, and not in the Schenectady, N. Y. Be sure to get
corporation. the genuine; substitutes never cured
The statute of limitations does not J anybody.
No session of the legislature in many
years has been confronted with more
delicate conditions. No assembly of
law-makers in the history oi the state
has acquitted itself with more credit.
No disreputables have disgraced the
body and no scandal has been 'devel
oped.
THE BANKERS RESERVE LIFE
appreciates the high character of thi3
body. It refused to be bulldozed by "
would-be leaders. It, declined to be
driven by would-be bosses. Nothing
could move the membership from the
honorable, straightforward conservat
ism, of which the body was composite.
Indifferent alike to cajolery and carp
ing criticism, individually and collec
tively, THE LEGISLATURE ATTENDED
TO BUSINESS.
The first great test applied by the
law-makers to every proposition was
its righteousness or want thereof.
Next the question of expediency was.
discussed. Once convinced that any,
proposed law or. resolution was right
and expedient-no amount of pressure
could swerve them.- Individuals dif
fered in opinion honestly, of course,
but they were all actuated by good
motives and rare intelligence.
B. H. RQBISON, PRESIDENT
of the Bankers Reserve Life Asso
ciation, has been familiarly acquainted
with every legislature assembled in
Nebraska in the last twenty-five years.
He says this body is superior to any;1
other in point of uprightness of indi
vidual character, general individual
intelligence and industry. Many of
the leaders are policy holders in the
Bankers Reserve Life Association and
many more will be patrons of the ag
gressive, progressive home company
before the year closes.'
WANTED SEVERAL PERSONS OF CHAR
acter and good reputation in each state (one in
tbia county required ) to represent and adyertisa
old established wealthy business house of solid
financial standing. Salary $21.00 weekly with
expenses additional, all payable in cash direct
aeh Wednesday from head offices. Horse and
carriage furnished when necessary. References.
.Enclose seir-aoaressea envelope, colonial to.,
834 Dearborn St., Chicago.
Dr. Mitchell's Lumpy Jaw Cure
Dr. Mitchell's Lumpy Jaw Cure Is
guaranteed to cure or money refunded.
One application is enough. One bottle
is sufficient for 4 head or more. You
can buy it at your druggists or he
can get it from his jobber. If he won't,
write us direct and we will send you a
bottle for $1.25 delivered. Marshall
Oil Company, sole sale agents for the
United States, Marshalltown; la.
Gold Watch on Installments.
Ji per week (less than 15c per day). Any size
Indies' or Gents' Elgin or Waltham. From 7 to
21 Jewels, 14 K Gold Filled Case guaranteed for
25 years. No references required, and we loan a
handsome 'Wfltch to wear while making pay
ments, we reter to commercial Keports ot K. o.
Dun, State Nat. Bank, Springfield, Corn Belt
Bank, Bloomington, Ills. Send for Booklet R.
Pollard & Couthway, Bloomington, Ills.
A $31)0 Bone SpaYin Cure Recipe Free.
To every reader of The Independent if
you send us a trial order for a 25-1 b
sack of Schmidt's Medicated Food. We
guarantee it to be the best oh the
market for fattening all kinds of stock
and curing disease in every case where
medicine and food can be of any use
whatever. Price, $1.50, cash with or
der. Agents wanted.
SCHMIDT'S MEDICATED FOOD CO.,
Scotland, So. Dak.