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withdrawn his application, Mr.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
