FEBRUARY 23, 1905 PAGE 7 Ujc Nebraska. Independent SECRETARYPAUL MORTON Proven Guilty of Crimes That Would Ha'e Sent Him to Prison Had Elkins Bill Not Saved Him MADE REBATES TO HIS BROTHERS Asked for an Investigation and Then Withdrew Request With out Explanation . Since the results of the interstate com merce commission's inquiry concerning rebates paid , unlawfully to the Colorado-Fuel and Iron company by the Atchison, Topeka & Santa Fe railroad company were made known, additional. facts pointing to other violations of law by the Atchison company have come to light. They have been received by the public with much .'interest, not only because they relate to the pro jected railway legislation so earnestly desired by Mr. Roosevelt but also for the reason .that they direct attention to the conduct and utterances of Sec retary Paul Morton before he entered the cabinet. s Reviewing, on the 12th ult., the available evidence in this Colorado Fuel case, we spoke of President Rip ley's application for a further hearing:. .at which, it was. said, it would be shown that Mr. Morton in no way de served censure for anything that had been done. We remarked that Mr. Mor ton's side of the case' should be pre sented fully and without delay, in or der that public opinion might be formed justly.; But' Mr.- Ripley has withdrawn his application, Mr. Morton has made no explanation, and the com missionholding, as Mr; Prouty said, that the two companies had shown a "barefaced . disregard', of the law" is about to lay the evidence before the department of justice, with' the expec tation that prosecution will follow. Secretary Morton said to the public, a, few weeks ago, that the president had asked him to take up .the problem of railroad supervision and that he had consented to remain in the cabinet in order that he might do so, and might assist the president in obtaining need ed legislation. It is natural and rea sonable, therefore . that the public should be " interested in the record made by. the secretary; while he was vice president oi me aicqjsou ana su pervising the 'freight traffic of that great company. We have heretofore given the sub stance of the evidence in the Colorado Fuel rebate case. It is alleged that rebates amounting to about $1,000 a day were allowed for four, years (up to .November last) and that a competing . company was thus driven out of busi ness and virtually, into bankruptcy. The traffic manager, Mr- Biddle, who was subject to Mr. Morton's authority, assumes ..the' entire responsibility for iwhat was done. Mr. Morton has not denied . that recently to a newspaper correspondent he expressed approval of Biddle's action, saying that he would have taken the same course. . There was published on the 21st ul timo hat. was said to be the full and (some 3,000 'words) between the At chison and the Southern Pacific, cov ering! territory in southern California, and the southwest, dated May 18, 1896, and signed by J; C. Stubbs for the South ern Pacific and by Paul Morton for the Atchison. Provision was made for can celing it after December 31, 1897, if ninety days' notice should first be given . Mr, Morton declined last week to discuss the matter, : The Question whether the agreement is' still in force : For 'over 'sixty years Mrs. Winslpw's .Soothfng . Syrup has been used by mothers for their children while teeth ing; ''Vre ' you' disturbed at night and .broken, of-your rest by a sick child Buffering and crying with pain of cut ting; teeth?,, If so, send at once and get a bottle of Mrs. Winslow's Sooth ing. Syrup for Children Teething. Its value is incalculable. It- will relieve the poor - little sufferer Immediately. Depend, upon it, mothers, there is no ..mistake about it. It. cures diarrhoea, "regulates" the stomach and bowels, cures wind colic, softens the gums, re duces -.. inflammation, and gives tone and energy to the whole system. Mrs Winslow's Soothing Syrup for chiK dren teething ( is pleasant to the taste and is the prescription of one of the oldest and best female physicians and nurses in the United States, and is for .sale by all druggists throughout ther world. Price, 25 cents a bottle. Be sure and ask for "Mrs. Winslow's Soothing Syrup." - - i has not been answered. Making such an agreement was well known to be a direct violation of the interstate, com merce act.. Under the decisions of the courts it was als"o a violation of the Sherman act In the orange rate case, three years later, an officer of the Southern Pacific denied that there had been an agreement. Mr., Morton tes tified that the two companies (there were no others doing business in south ern California) co-operated in making contracts with private car lines. "There is necessarily,", said he "a great deal of cooperation between us." If his signature was wrongfully published in connection with what is alleged to be a copy of an unlawful pooling agree ment he should have said so last week. One year ago (Jan. 19, 1904) the com mission made a decision in a case brought before it by certain manufac turers of salt at Hutchinson, Kan., who complained that they had virtu ally been driven out of business by re bates which the Atchison road had given to a salt company controlled by two brothers of Secretary Morton. In a recent volume of the commission's reports the record may be found. Joy Morton was president of the salt com pany and Mark Morton its treasurer. A siding, or spur track, in all less than 5,000 feet, connected the Atchison line with the mills. Owning this side track, the salt makers incorporated it under the name of the Hutchinson and Ar kansas River Railroad company, of which, Joy Morton was president and Mark Morton treasurer. They had neither a locomotive nor a car. But with the Atchison (of which Paul Mor ton was vice president) they were abl3 to make a traffic agreement which al lotted to these 5,000 feet of side track about 25 per cent of the freight charges on salt. This disguised rebate amount ed to 50 cents a ton on salt to Kansas City, 235 miles, -the full rate being $2. Therefore the Morton brothers were easily able to undersell their Hutchin son competitors at Kansas City and other markets, and they did so under sell them i with the great beef j com panies at Kansas City and Omaha and St. Joseph. , . "A mere subterfuge to give a conces sion in rates, and therefore unlawful," was the decision of the commission, which brought the evidence to the at tention of thedistrict attorney, ex plaining that he was "required to prose cuite such violations under the direc tion of the attorney general." Secre tary Morton has declined to discuss this case. Commissioner Prouty re marks that for five years past the At chison hai been guilty of "deliberate, extensive, persistent and flagrant vio lations of the statutes." , Mr. Morton has testified frankly be fore the commission and in court. In 1901 he admitted that his company's re bate agreement with the beef com panies was illegal. "We knew that it was." In the grain rate inquiry (fol lowed by injunctions) he explained that the published rates were disregarded by his company and all its competitors. Testifying in the; orange rate case in California, he said: . "We tried the costly experiment of being honest in this thing living up to the law as we understood it, and de clining 'to pay rebates; and we lost so much business that we found we had to do as the Romans did." In public statements he has recently urged that, carriers or shippers guilty of giving rebates or preferences "by any device" should -be severely pun ished. ; , i -. We do not question the sincerity of the expressed disapproval of such in justice and such violations of the law. But, being a member of the "cabinet, and, as he says, having consented to assist the president in procuring leg islation in accord with the latter's rail way policy, he owes to the administra tion and the public a full and frank explanation of all the transactions, al leged to have been, unlawful or unjust, with which he ha3 been connected by official reports, other publications, and his own testimony. Sich an explana tion should be made at once. It is also Mr. Morton's duty to con sider carefully whether, in view of the record as it stands, or even as it will stand after, any explanation he may decide 'to "make, the reform projects and other policies of the president can be commended tdjthe public or other wise promoted 'bj. anything he, 're maining in the cabinet shall do or say. New York Independent. ' i- BETTER THAN SPANKING PpankingMoes not cure children of tirlne diffi culties. If H did thre would be few children that would do It.-There Is a constitutional cause for this. Mis. M. Bummers, Box 169, Notre Dame Ind., will Rend her home treatment to any mother, fine asks no money. Write her today If your children trouble you In this wav Don't blame the child. The chances are It can't help It. IAMS' TALLIONS Get Busy Mr. Horseman. It's -16 iml today Is -b.it lm.v.r" to breed draft n4 coach.r.. Don't wait until the oth.r fellow Kthr. th. or.am." "Hat I.." Buy a "plum gooA " of Uma. His "Peach., and Cr are ripe. "Its dneh" that you will save 11,000 there and get better stallions. - lams' 8en.tlonel Black Boys" are "whirlwind." in a ".how yard." They won er ery 1st, 2nd and Championship sweepstakes prize (over all) on Percberons. Belgian, and Coaeber. at Nebraska State Fair 11)04. lams reaerve stallions were net shown for prizes, None of his ap.clal trala of 100 stallions ree'd 8-18-1904 were shown at the HOME OF THE WINNERS' Buyers sny: Hello, N. Y., I'm Pete otCallt Say' lams has the be.t lot of stallions and mo.tIeversaw.chMp too. Yes, see those 10 two-year-old 2,000 lb "Blaek Boy..-BIpper. IamV stallions are choice fo.de. Wle G.kU? Hane of O. l(in Z.ke of Mont. See this bam of40 2100 1b. three-year-olds. All "topnotcher.." Sure, dot vos dot vide-aa-a-vagon stallion, lams has one hor.eahow- more big as 'dot "Hoyal" und be saves me more m 91,000. 8nra tins;. No studs like dot in Ohio. ,,.,.. Mr. III., I'm Peabody, of Colo. lams has the r"ao.t and largest establishment of 1st t.iHnn. owned bv one man inU. F. "Horn mer., too." See those 20 2200-lb 4-yr-olds. lined up. Blue Ribbon Boy. None to compsre with them, In bone, big: site, quality and fla isb, at International." Yon see stallions at lame Ju.t as yon read about. Mr. Mo. I'm -Socklea. Jerry" of Kan.. This dally hone .how of lam.' beats any state air I ever saw. It's an "Kye opener" to any man to Bee lams' stallions. He sells Topnotehere at 11000 and 11500. ' . . m. Hello. I. I'm Louie of Minn. To see lams Champion Pereheron, Belgian and Coach Stalllona. They ore the "hottest proposition" (to competitor.) I ever saw. lams makes competitors "Holler" and be "Bntta la." Sells more Btalllons each year. Saved me f 1000. Mr. Ind.,l'm Hogg of Tex. 1 came 20C0 miles to see lams' MOO-lb pair of "Peaehea and Cream" They are a "Seneatlonal Pair" Better than the pictures. (Simply Immense. lama is a hot advertiser. His horses are better than he advertises. Mr. Unbeliever. $100-WILL BE PAID Y0U-$1OO If you visit lams and do not find every statement in nds or catalog true. Horses good as pictures iu catalog. Now will you be good, Mr. Knoeker? Doc I don't wonder at lams' competitors wanting his horses barred Irom International. "Something Doing" when lams makes hor.e show, He always has "Kippers and In show h?PTom, Mr. Utch bought that2,000-lb 3-yr-old at 11,200 of lams. Better than one my neighbor paid $3600 for. .. . ... , . Kitty, ain't lam's Coachers "Swell?" lams handles only the "top.", coachers that look over the house and step high as a "red wagon." Georgie dear, buy a stallion ol lams. They are 50 per cent better than one our neighbor paid those Ohio men frLOOO for. (Then I can wear the diamonds.) lams has 149--Black Percherons, Belgians, Coachers--149 B0 per cent b'acks; 50 per cent ton horses. lams speaks the languages, buys direct from breeders, pays no buyer, ..le.men or Interpreter. Ma. no three to ten m.n as partners to. share profits with. His twenty-two year, .uccewful bn.lne.. make, him a safe man to do busi ness with. lams guarantees to sell you a better .talllon at $1,000 and $1,400 than are being sold to stock companies for J2500 to (4000 by .lick .ale.mcn, or pay you $100 for trouble to see them, you tho judge. lam. pay. hor...' freight and buyers fare, gives 60 per cent breeding guarantee. Write for catalog. References: St. Paul State Bank and Citizen. National Bank. FRANK IASV1S St. Paul. - Nebraska Pereheron and Shire Stallions V hen you go to buy a horse stop ct Lincoln, Nebraska and see Wat ton Woods Bros. & Kelley's l'ercherous and Shires. 50 head on hand, rend lor beautlsul photographs ol latekt importation, and price list. These arc iree to all who mention The Independent. Address WATSON WOODS BROS. & KELLY, Lincoln, Net) NOSE CANCER CURED Mr. A. Canfleld of Tecumseh, Neb suffered with severe cancer of the nose. He has been entirely cured by Dr. T. O'Connor ; and will answer any in quiries from cither sufferers'. Write him and at the same time send a full description of the cancer to Dr. V. O'Connor, Lincoln. Neb. He can cure you. His charges are reasonable and terms of payment easy. Watch Repairing And Engraving. If your watch needs repairing care fully pack it in cotton and send by mail. I will examine it free of charge and let you know what repaira are needed and wat they will cost. You can then say whether I sLall proceed and repair it for you. If the expense should be more than you desire to pay the watch will be returned with out charge. ; ALL WORK GUARANTEED. - : Jewelry engraving of all kinds. ; Write for prices. i . i Stephen Brock, 1140 O. Street. Lincoln,; Neb. To Independent Readers: !'. .'' Mr. Stephen Brock Is known to the publishers of The Independent.. He Is a competent watch maker and engraver. Watches or Jewelry sent to him will bo safely returned and the workmanship, will be found the best. TUK NEBRASKA INDEPENDENT. SHERIFF SALE . Notice 1s hereby given that by virtue of an order of sale Issued by tho Clerk of the Dis trict Court of the Third Judicial District of Ne braska, within and tor Lancaster county, in an action wherein Peter Judge Is Plaintiff, and Charles W. Burkctt-et al, DefendantSt I will at2 o'clock p. m., on the 28th day of i ebruary. A . D 1905. at the east door ot the Court House, in the city of Lincoln, Lancaster county, Nebraska, of fer tor saie ai pumic auction me lojiowing de scribed lands and tenements to-wit. Lot Seven (7) Block 73: Lots Two (2) Nine (9) Block 79; Lot One (1) Blocs: zu; L.019 six (oj ana fceven (7) Block 37; Lots Four (4), Five (5), Six (6) end Seven (7) Block 13: Lots Seven (7) Nine (9) Ten (10) Jiiocic 3: lois rive 1,01 ana iugniy) Biocit 40; Lot Ten (10) Block 44; Lots Two (2) and Six (6) Block 20; all in the town of Ilawthonre, Lan caster county, Nebraska. Given nnder my band this 20th day of January A, 1). 1905. . . NICHOLAS KESS. Sheriff. GEO. IT. DEKOE, Attorney. '- IN THE DISTRICT COURT. OF LANCASTER COUNTY, NEBRASKA. NOTICE TO NON-RESIDENT DEFENDANTS. Selden J. Ruliflson, Plaintiff, . ' Margaret H. Gates and J. L. Gates, her husband, first name unknown, and Walter A. Wood M - JSi R. M. Company of Omaha. s 'Defendants. Mar aret II. Gates and J. L. Gates, her hus band, first name unknown and Walter A. wood M. & R. M. Company ol Omaha, will take notice that on the 7th day of April, 19C'4, Selden J. Ruliflson, the plaintiff above named, filed his petition in the District Court of Lancaster County, Nebraska, against said defendants, the object and prayer of which are to quiettftle in plaintiff to lot twelve (12) irregular tract, be ing situated in the Northeast quarter of section fiftecn(lS). township ten (10), range (7) East In Lancaster Countv.N'ebraska; said irregular tract is dlscrlbed by metes and bounds atf follows: Commencing in the Northeast corner of section fifteen (15), township ten (10), range (7) East of the Cth P. Mi thence running West eigh irods, thence South fifty rods; thence East eight rods, thence North fifty rods to piare oi Beginning, contanlng two and one-ball (2) acres more or , less. - Plaintiff in his petition avers that he has since June 22, 1888, each year himself cultivated said premises; that he has maaevauiaDie improve ments npon said premises; that from the year 1888 to the present time he has paid the taxes upon said real estate, and for more than ten years Immediately preceding the filing of his petition has been in the open, exclusive, notor ious, adverse and peaceable possession of said premises. ' ' Plaintiff prars that all ofssid defendantsmay be decreed to have no Interest in said real estate that said defendants be iorcver restrained from asserting tiny interest, elaim, or title, in and to said premises, and that title be quieted in plaintiff, and for general equitable relief. ou are required to answer taid petitou on or belorc the 20ih da7 ol March, l'.05. . : SFLDEN J. RUL1FFSOX, Plaintiff. By geoboe W. BF-nor., bis Attorney. $18.85 Louisiana, Texas, Etc and Return $18.85 The ' Missouri Pacific will sell tick ets on February ; 7th, 21st and March 7th.and'21stto.many point3 in Louis iana, Texas, Arkansas and return at 118.85, good for 21 days. ' This' very low rate includes Galves ton San Antonio, Port Arthur, and i3 much iess than one way fare. The Mis souri Pacific ha3 two daily trains from Lincoln to Kansas City, St. Louis and all points south, with electric -lighted coaches and the best of everything. City Ticket Office S. W. Corner 12th and O Streets. F. D. CORNELL, Pass, and Ticket Agent