THE NEBRASKA INDEPENDENT
OCTOBER 15, 1903.
so. The opinion is' by Judge Sullivan.
Here again he stood for the Interests
ot the people.
in State vs. rrank, 60 Neb. 355, lu
supreme court was -asked to hold that
the law fixing the alarjrof the clerk
of the district court in certain counties
and . requiring, all fees oyer and above
tfie salary and expenses of the office
to be paid into the county treasury
was void. The court refused to do so
ill an opinion written-by Judr a Sulli
van, which can be found 60 Neb. 355.
Here against the judge took his posi
tion in behalf of the people and
against a privileged class. The enor
mous income derived by clerks of the
district courts of large counties under
the fee system, together with many
of the petty oppressions of which the
clerks were guilty in the collection of
their fees, was 'a matter of constant
cbmplajnt. A large lobby was em
ployed by the clerKs to prevent the
passage of the bill. The lobby failed,
the clerks then asked the court to do
what the lobby could not do.
This opinion is also worthy of note
because it shows that Judge Sullivan is
not only a just man and a learned
judge, but a ma of good literary at
tainments. The following extract
from the opinion shows this: .
"The sheet containing the record
of the vote on House Roll 251, the
bill here in question, indicates that
some other paper was once fastened
to it r ith a pin. The other paper,
. . which, according to the evidence,
showed the yea "and nay vote, is
gone; the pin hsd disappeared and
counsel for respondent insist that
the law has gono with it." "And these
; things,' says Victor Hugo, in Les
Miserables, 'took place, and the
kings regained their thrones, and
" the master of Europe was put in a
cage and the old regime became the
- new, and the light and the shadows
of the earth changed places, because,
on the afternoon of a summer day a
peasant boy said to a Prussian in a
wood, "Go this way, and not that." '
Those were momentous conse
quences of a trival and common
place event; but if we were to adopt
the views of ..counsel for respondent,
we would have in this state a con
dition of affairs capable of produc
ing at any time, and likely to pro
jduce at some time, a- situation which
would exhibit almost as striking a
' disproportion between cause and ef
fect. If counsel are right in their
; contention,' then our most important
statutes are liable to be annulled by
the accidental displacement of a pin;
' municipal bonds' may be invalidated
: and men r,may lose their property
and their liberty; . divorces may
prove worthless and marriages may
ibecome null and children be bast-
: ardized, because some clerk, charged
with the duty of journalizingvlegis-
lative' proceedings, has by mis
chance used mucilage . instead of
paste. The doctrine is monstrous;
its acceptance Is unnecessary and
might prove disastrous."
The case of U. P. R. R. vs. "Itoeser
A Book and Six Bottles
Dr. Shoop's Restorative
On Trial to the Sick.
. The cost is absolutely nothing to you If my
Restorative falls. I simply ask you to learn by
Actual trial what this remedy can and will do.
I want people to know what I know about this
prescription. There can be no safer.no more
certain way to convince the sick than to say,
"Take Dr. Shoop's Restorative a month on trial."
And this is just what I will do if you write me.
1 know absolutely that it will help yon if you
will use it. I know yon will willingly bear the
cost $5.50 if it succeeds. I know this because,
for five years, I have made this offer everywhere.
Thousands have written for my book have
accepted my offer tmd only one ont of each 40
has said, "It did not help me." Just think of it.
My past records show that 39 werehelped where
40 tried the Restorative. Iam proud of that
record. I failed with one in 40 but there was
no expense to that sick one. 4
I cannot cure cancer. No medicine can.
There must be some failures. Dr. Shoop's re-
fitlftittv0 will fin thonmAot V, . .11 -1 .
It is my greatest achievement after thirty vears
u uusjjiuiio uuu n.1 uoisiui's. i nave tound at
Just, a way to cure even obstinate, deep-seated
diseases.
I treat with Dr. Shoop's Restorative the IN
SIDE NERVES. Here lies the secret tVmy sue
cess. It is toy discovery. My Restorative is the
only prescription that reaches these nerves
Without this iuside nerve treatment I could not
offer "a month's treatment at my risk " No
other known remedy would Etand the test
In thousands of homes It is now constantly
kept as a safe-guard. Off days will come tons
all, but a few doses will set things right again.
How, to Secure Trial Treatment
Send no money. Simply ask for the book yon
need. A postal will do. Then I will arrange
with a druggist near you, so that you can secure
six bottles of Dr. Shoop's Restorative to make
the test. Send meno money. You deal with your
druggist, remember. Use the Restorative a full
month then decide. If it succeeds the cost to
yon is J. 50; if it fallal will have the druggist
bill the cost to me Could anything be more
lair?
To delay means to forget. Write now while
you have it in mind. This is important.
Simply state Which too no. ih dtskmu
dushoIotnanda,1" RlSSKn
nresa nr. hnoop. booi no. roa womm.
Box 2940, Racine, Wis. nc no. to in. Mm)
oot no. on aaicATiii
Mild cases, not chronic, are often cured with
one or two bottles. At druggists.
shows another phase- of the Judge's
character. :
This was a case brought to recover
itamamw fwm TT T P T fV
the death of a mar. by the name of
Niels' Rasmussen. - Rasmussen was 'a
passenger on the U. P. road. As the
train swept by one of the stations he
recognized a friend on the platform.
He stuck his head out of the windows
to salute the friend and wave goodbye.-
While he was in this attitude his
head' came in contact with the mail
crane standing close ' to the track.
Shortly afterward he. died from the
injury sustained. It was contended
that the mail crane was too near the
track and that the company was neg
ligent in -maintaining it' there. The
company said that Roeser was negli
gent in sticking his head out of the
window. A majority of the supreme
court took the railroad company's
view, of the case, but Judge Sullivan
refused to do so, putting his conclu
sion upon the ground that Rasmussen
had done only what nine men out of
ten in the common-walks of life would
have done under the " same circum
stances. In disposing of the language the
judge used the following truthful lan
guage: ;
"In dealing with cases of negli
gence, judges are, ; I am disposed to
- think, too . much inclined to take
themselves as standards by which
to measure the conduct of all classes
and conditions of men. Commen
surate care in a given case is apt to
be what they would have done. They
are accustomed to travel, and under
stand, the dangers of the road; they
are unaffected by novel situations;
their native enthusiasm has been
chilled by contact with the world;
they hold themselves in leash, and
wave no improvident salutations to
- acquaintances or friends. They are
well-posed, circumspect, and delib-
; erate; they ars examples of correct
conduct; but, however much it. is
to be regretted, their ways are not
the ways of exultant youth, nor of
'the man with the hoe.' Carriers of
passengers, as was observed in C.
It. I. & P. R. R. Co. vs. Zernecke, 50
Neb. 689, 82 N. W. 26, 55 L. R. A.
610, are insurers; they charge for
the risk, they assume, and there is
consequently no reason why the law
imposing liability upon them should
be enforcecLwith reluctance. In ac
tions brought to recover indemnity,
courts have, it seems to me, no call
, to put a harsh construction upon the
plaintiff's conduct in order to tem
per the statute with natural justice "
Another case along these lines is the
case of C, B. & Q. vs. Martelle, 91. N.
W. Rep. 364. fhis was discussed last
week. Ed. Ind.) . ;
In the case of Western Union Tel.
Co. vs. Village of Wakefield, 95 N. W.
659, we again eee the judge's sym
pathy with the people. The village of
Wakefield levied an income tax on
the Western Union Telegraph com
pany. It was contended that the
company was not subject to the tax.
The supreme court agreed with" the
company and Sullivan dissented, held
the ordinance levying the tax to be
valid and state his reasons therefor
with his usual force and clearness.
In the case of State vs. Kennedy, be
ing one of the cases with reference to
the Omaha police and fire commission,
the opinion was written by Judge Sul
livan. The closing paragraph of that
opinion :ould be carried at the mast
head of every paper in this state which
desires the judge's re-election. It
gives in clear, terse and forceful lan
guage, the Judge's conception of the
true attitude of courts towards politi
cal questions. In that case it was sug
gested by republican counsel that pos
sibly the court beins fusion would de
cide in favor of the fusion board of
fire and police commissioners and
hence counsel took it upon himself to
warn the court against such a course.
It was in answer to this warning that
Judge Sullivan wrote the following
paragraph: ' - - .
"The original brief of counsel for
respondents cenveyed quite plainly
his apprehension that political con
siderations might be a factor in the
decision of the case. No Judge con
scious of his own integrity will list
en to such suggestion. No self-respecting
court wi:i tolerate an argu
ment which proceeds on the as
sumption that, the goad and spur
are necessary to compel it to dis
charge honestly its constitutional
duty. We know, as well as counsel,
that the supreme and inexorable ob
ligation of a court to truly Interpret
the .will of the law-giver has no
possible relation to questions of par
ty expediency. It is surely not nec
. essary to Instruct us as to that. WTe
believe thoroughly In the rectitude
of our own Intentions; we feel sure
of the inflexibility of our purpose to
administer justice uninfluenced by
considerations of party advantage;
and we will not permit counsel to
deal with us on the theory that we
may perhaps be contemplating a be-
: trayal of our .trust.. Whatever may;
1 be the, effect of our decisions upon,
I party interests, we shall stiH reso-
. 4tW' - VMvu aw vvr iv mm-
to the maxim. Fiat justitia ;ruat
coelum,' and it will not be necessary
' for counsel to point out that it is
: the duty of the court to do its duty."
-.o , f Polk County ?--!r-
A branch of John : N. Baldwin's rail
road runs' through Polk county,' the
t ome of Governor Tklickey, who was
selected as "our man" by Baldwin &
Co. eight days before the 1902 repub
lican state convention. Governor
Mickey is a member of the state board,
which has ,the assessing, of railroads
and fixing the state taxjevy of each
country. "
There may be no connection here,
but it is remarkable that although the
assessors in Polk county added $64,
899.19 to the assessed valuation of
business men's and farmers' property,
Baldwin's railroad board cut down
railroad valuations $2,995.50 in Polk
county.- A two-mill increase this year
adds 33.4 per cent to the farmers'
taxes, but the railroad increase is al
most exactly. 20 per cent over last
year. .
The state tax levy of 1902, at IVs.
mills, amounted to $9,893.91, divided
thus: ' , ::,.
Railroads -i . . . .......$ 574.86
Others ....................... 9,319.05
This year, at 9v mills, the levy is
$13,120.38, divider, as follows: :-
Railroads .'. . . . : . . . . . '. ... $ 689.70 !
Others . ; ...... . ; .12,430.68 I
Whether Governor Mickey desired
to punish" the populists of Polk coun
ty or whether it was Baldwin's, branch
road that appealed to 'his Christian
heart, is not known. - But the fact re
mains that the railroads got the big
end of the deal out in that county this
year as, in fact, they did in substan
tially every, county in the state. , ; l
The State Debt
After a number of years of populist
education in the matter of civil gov
ernment, there are still a large num
ber of persons whose ideas regarding
the state debt are very hazy. Let us
again inquire into the matter:,,-
The fiscal year ends November, 30,
and on even numbered years all books
and accounts are closed and each
state officer, and head of a state insti
tution makes a.bienniaV.Cor two-year)
report ' Many , accounts are closed tem
porarily, at other times,, for. exa.mple,
there is a system of .'semi-rannual . re
ports to, be made ..to the governor.'
State offlce"s are inducted .'into, office
on Thursday : following the first Tues-i
day in January on odd numbered
years. Although at that time there, is
a partial closing up of accounts in or
der to turn.oyer the offices, this does
jiot approach, . in thoroughness the.
grand closing up at the end of a bien-r
nial period. Hence, -in, all compari
sons of populist with republican rule,
counting from biennium to biennium,
there is always a short period of re
publican administration to be reck
oned with in populist bienniums, and
vice versa.
When the republicans closed the
books of the state November 30, 1896,
the state debt, barring a few small
items, was as follows:.
State bonds ............$ 449.267J5
State gen. fund war... kr.. $1,727,447.72
Total ". , '. $2,385,540.35
When the populists closed the books
of the state November 30, 1900, just
four years later, every item of state
c"ebt was summed up in the following
items: - - .
State bonds ... . ."; 1 ........ . . . . none.
State gen. fun. war. $l,72,447.72
The "few small items" referred to
under the republican administration
are as follows:
Temporary uni. fund war. . ..$27,444.63
Ins. feeble minded warrants. 31,724.50
Live stock indemnity war.. 172.00
. Most of these were interest-bearing
warrants at that time and were paid
and cancelled during the four years of
populist administration which fol
lowed. Leaving these wholly out of account,
however, a little calculation will show
that under four years of populist ad
ministration the state debt was re
duced $658,000, as follows:
State bonds $449,267.35
State warrants 208,825.28
Total ............ . .... J $658,092.C3
Now, notice what happened in just
two. years later: See the auditor's
report for the biennium ended No
vember 30, 1902, page 29. Ycu will
see that the state debt is given as fol
lows: ' l :
General fund warrants. . .$1,989,328.63
In other words, under republican
administration the debt had increased
$261,880.91.
Today It is likely that the debt is
considerably above .the two million
mark, but the auditor discretly holds
back any information regarding the
matter. He may tell us when thef
books are closed: November .30,. 'thisi
year.
i Tho -haw Trrerr
. law woe
CI - AV4AV
under, the railroad: whipft to. wipe. .out
the state- debt and make the farmers
foot the bill. - Every earmark . shows
its purpose. The debt is wholly a re?
publican creation.'; . Not a dollar, was
ever added to it by the populists, . but
on the . contrary,, they cut it down in
stead. The' railroads - dominated the ;
republican administration responsible
for the creation of the debt. Let them
pay their share-in wiping it out.
This will not be done if the republi
cans elect the supreme judge and the
district judges this year, because that
will be construed and properly, too
ay an -indorsement of what the repub
licans have done. The election of
Judge Sullivan and the populist can
didates for district Judge will be the
entering wedge in overthrowing rail
road domination. ,
1
THE CLASSIC OF DEMOCRACY
Direct Legislation
By The People
TBANLAT0 VnOM THI FKtNCH Or
MARTIN RITTINCHAUSEN
This celebrated work, from the pen of
the immortal founder of the Referendum,
h-aow niaJ accessible to- English ;
readers. It is the book which led to the
establishment of the present form of leg
islation in Switierland; The eminent
Rittinghauaen here lays downjhe prin
ciples of. Direct Legislation by the
people, showing it to lje the only true
type of democratic government; all other
forms, and particularly the representa
tive system, being shams. No social
reformer, no matter of what creed, can
fail to derive instruction from its pages.
Paper Coutr, 15 cents. 8 copies, $7.00
910.00 per 100 copies
TWENTIETH CEHTURI PRESS
17 East 16th St., New York
3
BYTHE FATHER OF THE REFCRENDU
W h o I e s a I e Pr i ceo.
. I One or a dozen, frame price. Add 2fic for
.hoxing and drayage outside ol Lincoln.
SI Pcruna 64c
$1 Kilmer's Swamp Root.'... ........ J. .'.i&ic'
8Sc Castoria (genuine); ..24o
60c Syrupol Figs....j..,.i..4....i....r....8C)C
25c Bromo Quinine 15c
25c Allcock's Porous Plasters ....VY ..13c
2ric Carter's Little Liver Mils... 16c
25c iennen.s Talcum Poyder ..16c-
51 Coke's Dandruff Cure 79c
2f)C A Hen 's Foot Ease . ; 19c
U Hromo Seltzer 79c
81 Booth's Hyomei. S9c
?1 H 09 tetter's Bitters, 79c
2.5c Packer's Tar Soap.. .............. "l9c
61 Dl x Tonic Tablets..... . ..'!'79c
50c Hoaiord's Acid Phos. "31c
Jl Ayer's II air Tonic. ""79c
50c Omega Oil. . 39c
Jl Maltine Preparations. ..'.'.79c
50c Kadwny's Relief.... , ....39c
zoc rears uiycertne Hoap 19c
20c Pear's Unsccnted 8oap... ..........' I3e
11 seven tjisters' Hair Grower .' .79c
LIQtJORS. . -
SI Duffy's Malt Whiskey, qt.; . ?9c
i Ihler's Malt Whiskey, qt ; 89c
n Vine Spring Molt Whiskey, qt 89c
82 Old Prentiss Rye. 1893, qt jl.49
82 Old Prentiss Bourbon, 1893, qt f J.49
82 GiiRcnbcimer Rye, qt 8149
1.7501d Hermitage Rye, qt..... ...... ..'$1.25
81.75 Old Crow Bourbon, qt. ...... M'5
J1.50 Old Time, qt 98c
WINES. ;
82 Imported Sherry, qt..., fi.49
81.50 Irondukuoit Sherry, qt .tisc
81.50 Irondukuoit Port, qt. ; psc
81 .50 Cataw ba. qt ; 9Sc
81 California Wines, qt.. 79c
MALTS. .
25c Best Tonic gc
26c Sehlitz Tonic ; 190
25c Riggs' Tonic...... 'irK.
25c Mult Nutrine. . 19c
25c Schnester's Tonic lfnj
20c Hospital Tonic 15c
RIGGS
f
The Drug Cutter.
1321 O St., Lincoln, Nb.
Blacksmith Shop Wanted
A thoroughly competent UacUsruith,
12 years' experience, desires to find a
suitable location for a general black
smith shop. Would buy a shop aiw
ready established if price and loea
ticn are satisfactory. For particulars
address Blacksmith care The Inde
pendent, Lincoln, Neb. .
Patronize our advertisers.
r
