Tine Herald.
T.J.O'KBEFB, Publlahar.
lUSMINQFORD, - NKDRA8h!a
NEBRASKA NEWS.
Schuyler Well (Yellow Horn), an
Omaha Indian, had his leg amputated
below the knee at render. Several
months ago he ran a rusty nail into
his heel.
The southeastern Nebraska district
annual camp mooting of Free Moth
odlsts Is In session at Ashland. There
are several eminent representative
speakers present from the cast and the
meeting will hold for ten days.
E. L. Ellis, who resides about two
miles north of Seward, was attacked
by a Jersey bull and Is now In a pre
carious condition. The bull knocked
Mr. Ellis down, after which It pawed
Mm, breaking three ribs and lacerat
ing his face In bad shape with Us hoofs.
As William Wakeham of Ashland
was taking his cow to water the ropa
became entangled In his legs and the
cow got frightened and ran several
rods, dragging him. There wero no
bones broken, but the old man was
very badly bruised. He Is over 80 yeurs
or age.
During an altercation at Beatrice be
tween Fred Shrader and M. H. Day,
the latter was pushed oft the walk and
struck an Iron railing, where his leg
caught and he hung suspended In the
air. He was released by some by
(standcrs and doctors from Syracuse
were summoned. It Is thought he Is
severely Injured Internally.
NEB State news schmrlamuta
The Union Pacific agent at Gothen
burg, W. J. Robinson, while helping
a farmer unload some machinery, slip
ped and fell from the car and struck
'on his head and shouldera on the rails.
He remained unconscious for a short
time. He was taken home and a physi
cian called. He' may be seriously hurt.
i Tho seven or eight men composing
(the government life saving crew that
is to give dally exhibitions on the la
gooon at the exposition have arrived
in Omaha, Including Captain M. H.
Kriowlcs and Keeper Cleaves. The men
are already domiciled In the little
,bulldlng erected for them. It will be
several days before the first exhibition
'is given, for these men have come from
(different stations and have never work
led together. They Immediately began
practicing shooting the line over the
mast.
People having "money to burn," as
(the saying goes, are rarely ever seen
'in this sort Inn nml n t III urnrrpr are
those having diamonds to burn. Henry
DIehn Is one or the latter, ho nou neen
repairing telegraph lines, and had don
ned an old shirt, In the front of which
shone his diamond pin like the head
light of a locomotive. In removing the
old shirt one of the sleeves was torn
'off. and to make short of the mend-
ling. Henry proceeded to stick the gar
ment In tho Arc, without, first remov
ing the pin. The loss wus soon dis
covered, and what could be found of
Ithe pin dug out of the ashes. The or
inamcnt waB valued at $260, nnd con
tained twelve diamonds and un emer
ald. 8even of the stones were recov
ered, uninjured. It Is thought, and
Henry Is now engaged In washing out
"dirt" from a "claim" which he is dead
sure contains the yellow metal and a
sprinkling of rare gems.
Omaha. Special The display of ngrl
,culturul Implements at the Trans-Mls-slsslppl
.exposition Is varied and com
plete. Many of the new models of
these labor saving Implements are
shown In operation, so that visitors
may have an opportunity to Judge of
the value of new Improvements or In
ventions. Beet culture calls for a num
ber of Implements different from those
in use for other crops, and there are
'beet planters, cultivators nnd pullers
,ln endless arroy. The farmer who de
votes his acres to the cultivation of
King Corn naturally becomes ubsorbed
In the operations of a corn planter that
drops three kernels at a time ninety
five out of a hundred times. The new
three-row cultlcator for listed corn,
the dustless corn sheller and the corn
stalk shredder and busker are all In
teresting examples of man's Ingenuity
in perfecting labor saving devices. The
hay presses, the potato diggers, t he
combination feed grinders nnd the sep
arator with glass sides to show Its In
terior workings, the new disc plows and
the riding harrow with folding wings
are only a few of the valuable im
plements which are displayed for the
examination and Information of the
farmer.
The exhibit or Irrigating windmills
for raising water rrom rivers or ponds
for storage Is also an Important fea
ture or the Implement department.
The dairy goods exhibit Is arranged
along the south side or the building and
Is not without attractions In the form
of the latest and most Improved milk
cans and churns. The old-fashioned
dasher churn seems to have passed
away. The churn or today Is operated
vjth a crank, and a slat arrangement
In the body of the churn works the
, butter.
There are churns ror dairy and family
use, likewise milk weighers and testers
and cheese making outfits complete.
An attraction in this department Is
the Klondike Spring, where drinking
vvater will be free to all visitors.
They were out driving In the mel
low twilight and their engagement was
yet In Its Infancy.
"Darling," he said, "are you sure that
I am the first and only man whoso
lips have ever come In contact with
"Or course, I am, dearest," she re
plied. "You do not doubt my word,
do you?"
nvn r,n .u'ooti.onri " lip answered:
"I love you too devoutly for that. But
.... t ... ... i.rm nrmimi von n mo-
ment ngo and you made a grab for
the lines. I couldn't help thinking you
possessed wonderful Intuition."
The shots from the Spaniards' can-
non crashed through the seaside hotel.
The guests stirred uneasily in their
couches. , , ,
"It's only today we paid our bills,
they exclaimed, "and we simply won't
shell out again; so, there!"
With whlcn tney gave iiieiiioeivca
over to slumber.
u . I, .
First Bunco Steerer (disgustedly.)
-We'll have to try some other game
These countrymen are all on. Let us
work de city people.
font ae cuy peojuc
Second Bunko Steerer (surprised)
City people! Duncoe cuy peopic
How?
First Bunko Steerer We will open an
antique furniture store.
Ned She says that she's connected
with all the richest ramllles in town.
Ted Yes; she's a telephone girl.
SCHEMERSBALKED
IN THBfR EFFORTS TO OVER
RIDE THE LAW.
JUDGE KEYSOR'S DECISION
IN THE OMAHA FIRE AND PO
LICE COMMISSION CASE.
Holds That the Board Appointed
by Oovornor Is Entitled to Control
Until Final Disposition of Caoo by
tho Supreme Court.
Omaha. Special As heretofore an
nounced In these columns, a set of des
perate republican politicians have been
doing everything known to the pro.
fcsslon of city ward strikers and un
scrupulous attorneys In the courts to
override the law and take possession
of the police powers or the city or
Omaha.
At first great efforts were made to
force Governor Holcomb to appoint a
fire nnd police commission which would
bo owned and controlled uy a coterie
of desperate politicians who have al
ways operated with the pluguglles of
Nebraska's metropolis In the carrying
of elections by fair or foul means
mostly the latter. In this they railed
and Governor Holcomb appointed a set
of commissioners whose private busi
ness and political records were equal
to any set or men In Omaha. But the
unprincipled schemers never abated
their efforts to put the police powers
Into the hands of those who are known
to be friendly to the ways that are
dark and tricks that are vain, which
the tough nnd very dangerous element
In Omaha and other big cities are
known to habitually practice.
Judgo Cunnlnghnm H. Scott, whose
ranting and venomous displays on the
bench and elsewhere having secured
an appointment for his son under the
republican administration of Omaha,
was In the nature of things a suitable
Judge ror the gang to appeal to to de
cide the present fire and poflce law
unconstitutional, which he did with
a great deal or very evident satlsfac
tion.
The matter was taken before the su
preme court nnd there a majority of
the court (Judge John J. Sullivan dis
senting) decided in favor or Judge
Scott's decision, holding the law un
constitutional, but the court stayed
the execution or their order of ouster
until the police commissioners could
apply for a new hearing. The gang
which was after the police powers,
however, were Impatient and under
took to force the police board out of
the way and set up business for them
selves, hence the district court was ap
pealed to and Judge Keysor Issued the
following order. This order simply
gives tho fire and police commission
the usual rights of making a showing
why an Injustice has been done and a
new hearing should be had.
The worst nnd most disreputable ele
ment in the republican party Is back
ing the whole proceedings and the peo
ple of Nebraska can well Imagine what
the gang consists of when It Is known
that even ex-Treasurer Bartley and ex
Auditor Eugene Moore nnd n number
or other convicted public thieves would
not be caught associating with them.
Judge Keysor's opinion Is ns follows:
This case comes before me as a Judge
sitting In vacation on motion for a
temporary Injunction. The material
facts are undisputed, and I will state
them briefly.
March 19. 1897. the governor of this
state, acting under the statute per
taining to metropolitan cities, appoint
ed William C. Bullard. Daniel D. Greg
ory, Robert E. L. Herdman nnd James
H. Peabody, who are the plaintiffs, as
members of the board of fire and police
commissioners.
They Immediately qualified and en
tered an their duties as such, and from
that time to the piesent they have con
tinued to net ns members of said board,
and hove been in possession of its rec
ords nnd or its rooms in the city hall
For convenience this bonrd will here
after be designated as the "old board."
Subsequent to the appointment of the
old board the mayor and city council,
believing that the law under which the
governor acted wns unconstitutional,
and thnt the old board was an illegal
one. appointed Charles J. Karbach. Pe
tcr W. Blrkhauser. Matthew W. Collins
and Victor H. Coffman as members of
the hoard of fire and police commis
sioners. These gentlemen filed their
bond nnd took the oath prescribed, and
became members of the new board.
They demanded possession of the offices
from the old bonrd, and were refused
In order to determine which was the
legal bonrd. the nttorney genernl of the
state began an original action or quo
warranto In the supreme court, mak
ing both boards parties to the suit.
June 23, 189S, the supreme court en
tered a Judgment In favor of the new
board, and adjourned sine die soon aft
erward. The old board refused to sur
render Its offices and records on the
ground that It had forty days In which
to file a motion for a rehenring. There
upon the new board applied to the
Judge of the supreme court for a writ
of ouster, but Us application was de
nted. Then the old board asked said Judges
for an injunction to prevent the new
board from assuming to act as the
board of fire and police commissioners,
pending the hearing on the motion for
a, rehearing. This said Judges denied
as the proof shows, because the term
nf the sunreme court had closed and
because the district court, or the Judges
thereof, could be applied to ror such
reller.
The new board then claimed the
right, under the Judgment or the su
preme court, to act as the board or fire
nnd nollop commissioners, and the city
council passed resolutions declaring the
new board to be the only lawful board,
requiring the police and Are depart-
..--l-. nml mnnrt to. thf
new board, and announcing that any
oncer or the fire or police department
wn0 should reruse to recognize or obey
tne new board would be deprived ot
his pay during the period or such re-
fugal amj wouid be subject to discharge
j toT incoordination. Thereupon the old
' board brought this action, praying that
tne new board be enjoined irom acting,
nr nuauminir to act. as the board or fire
and police commissioners, una irum
interfering with the old board in the
K1 V ,U UlUies, until the case
, frlr court '8hau be finally
n e "Ve" th old board is law-
rflmnvp. fr0m office
fully "mol??rr m2 1. r
Uiopuevu " "
Tho iipclslon or this motion ror a
temporary injunction depends upon the
answer to two questions: First, Is the
quo warranto proceeding which the
attorney general Instituted, still pend
ing In the supreme court? Second, has
a court of equity, or a Judge thereof.
a cou,", ?t the .Injunction Drayed
power to grant the Injunction prayeu
The Injunction asked for can In no
way affect the quo wnrranto case In
the supreme court, or have any benr
Ing whatever upon the title of the
members of either bonrd to the office
claimed. The object sought Is simply to
hold matters In statu quo until a final
Judgment Is entered In the supreme
court nnd a writ of ouster has been
Issued thereon. And before proceed
ing to answer the questions above pro
pounded I desire to say that my duty
of cither granting or receiving the In
junction in issue does not rest upon the
alleged superior qualification of either
bonrd or upon any alleged misconduct
of the old board.
Counsel on both sides ndmlt, and
rightly, too, the Immateriality of nil
the evidence concerning the efficiency
or inefficiency of the police board, nnd
that evidence will therefore be disre
garded on this hearing.
A CLEAR RIGHT.
The right of appeal from decisions of
Inferior tribunals Is amply provided for
In our constitution nnd taws. Ho, in
the supreme court, a defeated litigant
may move for n rehearing. The right
to move for a rehearing in the Bupreme
court Is nn Individual safeguard, ror
there being no appeal from that court,
It Is the only remedy available for the
correction or reversal of an erroneous
Judgment In the case. No one ought
to be prejudiced In any respect in the
exercise of that right; certainly not the
old board In the quo warranto proceed
Ings. The Judgment In that proceed
Ing wns rendered by a divided court;
It pronounced an act of the legislature
unconstitutional, and thereby deprived
the governor of a power given him by
said act.
The decision Is of great Importance,
be It right or wrong, and every good
citizen Is deeply Interested In having
it tested by a motion ror a rehearing.
The supreme court, acting under au
thority or law, adopted the rollowlng
rules:
"A motion for rehearing may be filed,
as of course, at any time within forty
days from the filing of the opinion or
rendering of the Judgment in tho case."
Under this rule the old board fairly
had the right to file a motion for a
rehearlhg within forty days from June
23, 1893, nnd until the motion be dis
posed or, If filed within time, if the
supreme court still has Jurisdiction of
the case. It may modify, reverse or
affirm said Judgment, nnd while the
right to do so exists the case must be
held to be still pending In the court.
NOT SELF-EXECUTING.
The judgment Is simply a determi
nation of the rights ot the parties
thereto. It does not execute Itself. No
one may take Into his own hands the
execution of a Judgment In his own
ravor. Judgments are executed by the
sheriff or some proper officer, acting
under an appropriate writ. If the writ
be withheld by the court the fruits
of the Judgment are not obtainable. It
Is the right and duty of the supreme
court to enforce Its own Judgments.
The refusal of that court to Issue a
writ of ouster Is conclusive evidence
that they do not Intend the new board
to enjoy the fruits of that Judgment
until the motion for a rehearing Is filed
and disposed of.
That court still has control of said
Judgment and of the means of enforc
ing It; and I am unable to perceive by
what right or on what principle of law
the new board even If fortified by res
olutions of the city council may, in
effect, enforce said Judgment In Us own
behalf.
The new board, however, claims the
right to act at this time by virtue of
section 711 of the code, which is as fol
lows: "If Judgment shall be rendered In
favor of such claimant he shall be per
mitted to exercls? the functions of the
office after he has qualified as required
by law."
I am of the opinion that the Judg
ment referred to In this section Is not
one that Is subject to modification or
reversal on rehearing, but is a judgment
that is final in the court where it is
rendered. Nor do I think that it con
fers on th successful claimant the
right to enforce the Judgment him
self, for section 712 provider as follows:
"The court, after such judgment,
shall order the defendant to deliver all
books and papers in his custody, or
under his control, belonging to said of
fice." This the supreme court has not yet
done, and until It does so order the old
board Is entitled to retain possession
thereof.
THE OLD BOARD IS RIGHT.
Under the decision of the supreme
court the old board Is now and always
has been a board of de facto officers,
That a court of equity or a Judge
thereof, In vacation, has the right and
power to protect a de facto board In
the performance of the duties of Its
office, pending an action In quo war
ranto, brought to test its title to said
office. Is so clearly settled by reason,
common sense and the authorities cited,
that I pass on to consider whether or
not I ought to exercise the power In
this case.
The members of the old board were
appointed under color of law. They
are In possession oi tneir omce ana
have performed the duties thereof for
a yenr or more. They are liable to a
suit ror damages If they are finally
ousted. They ought not to be disturbed
in their office until they have been as
tully heard as they desire and the law
permits. The old board cannot now
surrender their office to the new board
without fatal prejudice to their own
motion for a rehearing, becnuse our
supreme court has held that it win not
listen to a contest for nn office which
has been voluntarily surrendered to
the claimant. If the old board Is bound
to retain Its office In order to secure
Its legal rights to si motion for n rehear
ing then it seems to me thnt it has the
right to perform the duties thereof.
CAN'T INDORSE CONNELIVS IDEA.
To the nronosltlon or the city at
torney that the new board will not at
tempt by rorce to Interfere with the
possession of the old board, but will,
without possession of the records and
office room, quietly and peaceably as
sume to act as a board of fire and po
lice commissioners, I cannot give my
consent. Such a course wouiu uisor
gnnize the fire and police departments,
or at least seriously affect their effi
ciency. It would subject the firemen
and policemen to nn unnecessary and
uncertain choice oi musters unu n
would not be creditable to the reputa
tion of our city.
It Is not the policy of the law, nor
according to any principle of our gov
ernment, that two police boards should
contend with each other for supremacy
by winning, in any way tney can, tne
allegiance of the firemen and policemen
These servants of our city ought not
to be called upon to hazard their po
sitions or their pay on a guess as to
which Is the lawrul board or as to
what the supreme court, may no on u
rehearing ot the quo warranto case, ir
a rehearing should be granted.
It Is the duty or the supreme court,
by Its Interpretation of the law, to
decide which Is the lawful board, and
It will finally do so. In the regular
course of legal procedure, and will, at
the proper time, either confirm the
title or the old board or will, by the
nmvfr vested In it under the law. de-
' liver possession of the room, records'
Jt offlces t0 tne new boardi whlch
will then be entitled to act as a beard
or fire and police commissioners.
I am firmly convinced that the old
board Is entitled to the temporary in
junction prayed for. nnd the motion,
therefore will h "talnpcl.
THE COURT'8 ORDER.
The required bond wns tiled and
Judge Keysor Issued the following or
der: In the district court In and for
Douglas county, Nebraska. William C
Bullard et al., plaintiffs, vs. Frank E.
Moores et al , defendants Order.
On this 12th day of July, A. D. 1893,
this cause came on for hearing in va
cation before Hon. W. W. Keysor, one
of the judges of the district court of
the Fourth Judicial district of the
state of Nebraska, upon nn applica
tion by the plaintiffs for nn Injunc
tion ngalnst the defendants, restrain
ing the said defendants, nnd each of
them, from acting, or assuming to act.
as members of the board or fire and
police commissioners or the city of
Omaha, nnd restraining the snld de
rendnnts. Victor H. CofTman, Charles
J. Karbach, Matthew H. Collins and
Peter W. Blrkhauser, rrom Interfering,
nnnoylng or harassing the said plain
tiffs In the exercise of the duties of the
board of fire and police commissioners
of the city of Omaha, upon considera
tion of the proofs, and the court being
fully advised In the premises, finds
that the allegations of the petition nre
substnntlnlly true, and thnt the plain-
tins nre entitled to the relief prayed ror
In said petition.
It is, therefore, considered, ordered
and adjudged that a temporary Injunc
tion Issue ngalnst all of the said de
fendants, their agents nnd employes
and officers nssoclated with them, from
interfering with the said plaintiffs In
the discharge of their duties as mem
bers of the board of fire and police
commissioners of the city or Omaha,
and enjoining and restraining said de
fendants, and each or them, rrom act
ing, or assuming to act, as a board or
or fire and police commissioners of the
city of Omaha, or from. In any manner,
Interfering or directing the officers or
employes of the fire and police depart
ments In the discharge of their duties
as such officers.
And It Is further ordered that If the
said plaintiffs, constituting the board
of fire and police commissioners of the
city of Omaha, prior to the expiration
of the said forty days from the 23d day
or June, 1893, file a motion and a brief
for rehearing In the case of the state
ot Nebraska ex. rel. Constnntlne J.
Smyth, attorney general, vs. Frank
E. Moores et al., then this order shall
continue until the supreme court or
the state or Nebraska passes upon and
determines the rights or the respec
tive parties upon said motion ror a re
hearing. To all or which order and ruling the
defendants at the time except.
It is further ordered that the plain
tiffs give bond herein in the sum of
$1,000. to be approved by the clerk of
the court.
WILLIAM W. KEYSOR, Judge.
Action Against Maltalleu.
Lincoln. Special Attorney General
Smyth has filed a petition In the dis
trict court of Buffalo county, In which
he asks for judgment against John T.
Mallalleu, F. J. Swltz, F. J. Robert
son and J. H. Irvin for the sum of
J4.45S3S. The three defendants Inst
named are sureties on the official bond
of Mallalleu as superintendent of the
state reform school at Kearney, and
the petition alleges that the money
sued for was received by Mallalleu as
superintendent during his incumbency
of the office nnd thnt It was money be
longing to the state of Nebraska, ob
tained by Mallalleu from the sale ot
sugar beets and seeds sold from the
school farm, and that the money was
:jr nan
.i - ... ui - .....j
.ICVCl mjL'UUtllCU 1UI WJ Will UUi tUIUVU ,
over to the state nor to his successor
i r.mn
in omce.
ThP npfltlnti rorltPR thnt Malta leu
pet t on rec tes that Mallalleu " r-"- "..,.". u" Z,.,,f, .Vni
perlntendent of the school for companies might not be reduced not
yea.s down to the time C. W. , pnly to the Jeve Inane. 1 In the max
hi. ...o- mnb nn.inn i Imum freight rate bill, but to a point
was su
Unvlo hla nirrpnanr tnnk nnsspsslnn
In 1897. That In 1891 he sold" to the Ox
nard Beet Sugar company twenty-two
car loads of ieets for the sum of $1.
386.47. In 1892 forty-three car loads at
-noprp,. I .Lit ...,. .nM l..na n.
42ls. in 1894? twelve car loads at
$633.36. In 1895. iwenty-eigni car loaus
at $1 812.23, and in 1896. thirty-three
car loads at 11.921.58. That of the total
amount of money ror which these
beets were sold during these years
Mallalleu has accounted for $5,009.10.
still leaving $3,971.56 unaccounted for
The petition sets out that In 1892 Mal
lalleu sold to the D M. Ferry company
seeds and In 1896 sold seeds to D Lan
dreth & Sons, and of the money re
ceived on these sales $485.72 was not
accounted for.
The petition sets up that these beets
sold to the Oxnard company and the
seeds sold to the seed firms were all
raised on the farm at the Institution
and were raised by the superintendent
and sold by him and the money receiv
ed by him ns such superintendent, and
that the property and the proceeds be
longed to the state. Mallalleu having
failed to turn this money received for
the beets and seeds over to the state
he and the sureties on his bond nr
now seud by the state for this amount.
This suit is based on the report made
by the legislative Investigating com
mittee, which, with the defense or Mal
lalleu were published several months
ago.
mm
Things Forbidden In War.
It Is. perhaps, not generally realized
that the game or war Is hedged round
by as many restrictions as a boxing
contest under Queensberry rules. These
regulations, says Tit-Bits, which are
under the sanction or all the civilized
countries of the world, nre designed
to Insure fair play for the combatants.
When it Is Intended to bombard a
place, due notice should be given, so
that all women and children may be
removed to a place of safety; and every
rare must be taken to spare churches
and hospitals, as well as all charitable
or educational buildings.
All chaplains, doctors and nurses are
nrotected In every possible way, and
are not to be taken prisoners or In any
way Injured.
Any soldier robbing or mutilating an
enemy Is liable to be shot without trial,
and death is the penalty for wounding
or killing a disabled man.
The bodies or the enemy are to be
cnrerully searched berore burial, and
any articles found on them which
might leaa to tneir laenuncuwun ure iu
be sent to the proper quarters.
Explosive bullets must not be used,
and quarter must De given to me en
emy whether he asks for it or not. In
an attack on the enemy there must be
no concealment ot the distinctive signs
or the regiments. Poisoning drinking
water Is strictly rorbldden.
CAT Tongues cmfwy shrdl shrdlu
The tongues of the cat family are
covered with recurving spines. In tht
common cat these are small, but suf
ficiently well developed to give the
tongue a feeling or roughness. But In
hip Hon and tiger the spines are strong
enough to enable the animal to tear
away the skin or a man's hand by
away the skin
mere,y UcklnB lt,
VERY IMPORTANT
ATTORNEY-GENERAL SMYTH'S
WORK IN U.S. COURT.
UNTIED OFFICER'S HANDS
MODIFICATION OF MAXIMUM
FREIGHT RATE DECISION.
A Qrent Vlotory State Board of
Transportation Heretofore Bound
Hand and Foot by U. S. Court In
junction, are Now Free to Act.
V
Attorney General Smyth has secured
from the supreme court of the United
States a most Important modification
of the decree in the maximum freight
rate cases.
The decree in those cases was entered
by Judge Dundy or the Federal Court
tor the district or Nebraska on Novem
ber 24, 1894. This decree was supposed
to be In accordance with the opinion or
Judge Brewer who tried the case and
held that the maximum freight rate
law was unconstitutional because the
rates named therein were unreasonably
low. While the decree restraining the
enforcement of the maximum freight
law was to that extent in conformity
with Judge Brewer's decision, It went
further and embodied two provisions
Which extended beyond what Judge
Brewer intended and which were far
reaching and most disastrous in their
effects upon the rights of the people or
the state.
By the first of these two provisions
the state and its board of transpor
tation were restrained rrom reducing
any or the freight rates fixed by the
railroad companies of the state to the
level named In the maximum rate bill
or below that level. The Intention of
Judge Brewer Was to restrain the en
forcement of the rates fixed In the bill
when taken as a whole, and not the
enforcement or any one or those rates
taken separately. It Is not difficult
to see that while tho enforcement of
all the rates as a body might result
very Injuriously to the railroad com
panies, yet the enforcement of one or
two of those rates might not work a
reduction In the total earnings or the
roads which would be unreasonable.
To Illustrate, suppose the board ot
transportation desired to reduce the
rate on corn, or wheat, or cattle, or
merchandise. It might do so and yet
not so affect the total earnings of the
companies as to make the reduction
unreasonable. The decree as entered
prohibited the state board from mak
ing such reductions.
This prohibition, however, was but
significant when compared with the
other provision referred to. That pro
vision restrained the railroad compa
nies of the state from reducing any of
the rates which they had In force at the
time the decree was signed. By this
provision was taken from the legis
lature and the board of transportation
the right to ever reduce railroad rates
below what they were In 1894. Wheth
er those rates were reasonable or un
reasonable was not a subject of Inves
tigation In the trial or the case. The
only rates which were investigated were
the rates named In the maximum
rrelght rate bill, which reduced the
rates then In rorce 30 per cent Judge
Brewer said that that reduction was
unreasonable, but he did not say that
the rates then In rorce were reason
able, nor did he sny that a reduction
or those rates 10 or 15 per cent would
-- ------- - i
rt( unreasonuo e. -niim.ich: in ma yynt
. ..,. ,. .............. fw
Ion can there be found iany warron -for
saying that one. or two. or three ot
. " i...i !,... , thn
' ruiea w.c.i ur...h v.....BV, -, --.-
I tmum freight
much below that. Yet this decree as
entered prohibited the reduction of any
rate chareed in 1894 by the railroad
companies. At a glance It can be seen
that If that decree was permitted to
and the legislature could not cut any
one or those rates 1 per cent. The rate
on cattle might be most unreasonable,
and so might It be on wheat, or corn,
or merchandise, In a word on the things
which the people or the state are prin
cipally Interested In, but the legis
lature would be powerless to grant
any reller, even In the smallest degree.
It was a clever trick on the part of the
attorneys representing the railroad
companies to have those two provisions
Incorporated In the decree. The trick
was very nearly successful, and if It
had been the people of this state would
have lost for all time their right to
regulate In any respect the freight rates
of the railway companies of this state.
How did these two provisions come
to get Into the decree? Why did the
court permit them? The answer is
plain. The decree as drawn, was, be
fore the Judge signed It, submitted to
Mr. John L. Webster, the Jiu.uuu as
sistant of Attorney General Hastings,
and was by him approved. With his
approval, and no objection from the
attorney general, the court supposed
the decree was in accordance with
.Tmlee Brewer's onlnlon and signed It.
When the supreme court handed
down Its decision In March of this
year, Attorney General Smyth discov
ered these two provisions in the de
cree and saw the disastrous effect they
would have if permitted to remain
there. He cnlled Mr. Webster's atten
tion to them. Thnt gentleman ad
mitted their Importance, but said
nothing could be done, and refused to
make any attempt to have them elim
inated. The attorney general, how
ever, was not satisfied with this course
of procedure and took steps at once
to apply to the supreme court to have
the decree modified. He prepared the
necessary papers and argument and
proceeded to wasnington anu sumim
.oi t-,a mnftpr to the court. In a short
time thereafter the court aeciueu wiui
his position was correct, and that both
provisions should be eliminated from
the decree.
As the decree now stands it Is with
in the power of the Board of Transpor
tation to do anything It may desire to
do within reason with respect to the
freight rates of the railroad compa
nies, except the enforcement of th
maximum freight rates as a body. The
board may reduce the rate upon corn,
upon cattle, or wheat or merchandise,
or any other commodity If, In Its opin
ion, the rates thereon are too high.
rrinr to the obtaining of these mod
ifications the board was powerless to
do anything with respect to rates. The
Omaha Bee and other republican or
gans persistently attacked the board
because It did not reduce rates and
give the people relief on this commod
ity or that, but these papers well knew
that It was not the board's fault that
relief was not granted. The fault rest
ed with the decree of Judge Dundy,
which decree was entered with the
consent and through the connivance
of republican officials If. therefore,
the board of transportation has done
nothing to relieve the people of the
state against the unjust rates charged
by the railroad companies, it is not Cut
rault, but the rault or Its republican
predecessors, Joe Johnson, W. A. Dll
worth nnd J. M. Kounus.
Immediately upon the supreme court
granting the modification, which was
done about the middle or May, the
board of transportation proceeded vig
orously to the work of Investigating
the rates being charged by the different
companies, and It Is expected that with
in a short time nn order will be en
tered granting material relief to the
people. "Why didn't the bonrd make
this Investigation before?" says some
republican howler. Simply because tho
railroad companies refused to permit
it to do so, on the theory thnt the do
creo as It then stood restrained tho
board from acting.
The success of Attorney General
Smyth In securing these modifications
is worth more to the people of tho
state of Nebraska than fifty times his
salary. If the same republican crowd
which was In control when this decree
was entered was now In possession of
the state house the decree would never
have been modified, nnd thus would
have passed away the last right of tho
people of this state to regulate the rail
road companies.
To lose the maximum rate case has
cost the people more than $22,000, every
cent of which was expended by repub
lican officials, and not one cent of
which went Into the pockets of a fu
stonlst, Ten thousand dollars or the
amount went ror the nsslstant to At
torneys General Hastings and Church
Ill. This assistant was none other than
the high toned, high priced republican
attorney, John L. Webster, who now
wants to break Into Senator Allen's
place In the United States senate. But
he Is not entirely to blame, ror he waa
ably aided and abetted by the repub
lican attorneys general, republican
members or the board ot transporta
tion and the republican secretaries
thereof, one of whom, Mr. Joe Johnson,
is now and for some time has been the
self-constituted critic and defamer of
the men whose work it has been to
correct his mistakes and save the peo
ple from the consequences or his mls
deeeds. TEXANS ARE TALKING SENSE
West and South Must Have Bettor
Transportation Facilities.
Omaha, July .The forty Gal
vestonlans who enme Saturday
to spend two or three days at
the exposition are rapidly getting
In touch with local Jobbers and busi
ness men. In the party are several
commission merchants, three or four
lumber manufacturers and dealers,
two or three sugar Importers, several
wholesale grocers, an oil refiner, a cat
tle dealer, fifteen or twenty capitalists
and others.
"There Is a fine opportunity for
Omnha to establish a big business with
Galveston," said one of the gentlemen
of the party. "We are large
consumers of your local products, and
ir we can establish the necessary re
lations we can get together on a basis
that will be or benefit to both Omaha
and Galveston. You have packing
house products, grain, vegetables and
trults. We want them. Take apples,
for instance. We consume a great
quantity of apples every year, but
never can get enough to supply the,
demand. It's the same with cherries,
raspberries and other small fruits.
Now, If you people can put apples to,
us at a reasonable price, we can take
many a carload from you. We want
your grain for consumption nnd for
export. We don't raise enough wheat
or corn in Texas to meet the locnl de
mand. Your packing house products
can be handled by us In immense
minntltles. Mr. J. Purceil Of Purcell &
Co. of our city wants to secure ship
ments or apples. Mr. J. P. Joughn. Mr.
Henry Stern and some or the others in
our party can handle your packing
house stuff. Mr. T. J. Kelly anJ Mr.
J. W. Jockusch of Jockusch, Davison
& Co are in the grain business.
"On the oilier hand we want to i Or
nish yellow pine and cypress to you..
Mr. Charles H. Moore of the Lock
Moore & Co. (limited) and Moore &
Goodman Is one of the largest lumber
manufacturers and dealers In America.
Mr. J. F. Grant of our party Is a lum
ber dealer of long experience. We will
buy more commodities from you than
you will trom us. Our section of the
country Is one that your business men
ought to give attention to, especially
as we are on the eve ot one or the
greatest commercial waves or ex
pansion that America ever experi
enced. Your wide-awake merchants
must realize the fact that the
gulf ports are going to do the bulk of
the trading with the West Indies.
"When the war closes there will be a
widening of commerce on the Gulf of
Mexico that will tax the facilities of
all the seaport towns of Texas, and
Louisiana Already our people at
Galveston are trying to charter vessels
for the Cuban trade. 'The Mallory line,
the Lone Star line, the Morgan line and
the Cromwell line will have steamers
in the Cuban and Porto Rlcan trade
and. I understand, the Kansas City,
Pittsburg & Gulf will nave Doin pas
senger and freight steamers In ser
vice between Port Arthur and our new
gulf possessions.
NICARAGUA CANAL CERTAIN.
"But great as will be our trade with
Cuba and Porto Rico, large as will
grow the exports or grain and other
trans-Mississippi proaucm iu uiuj.c,
we believe that the building at the Ni
caragua canal will give to the gulf
ports a commerce immeasurably larger
and greater. The Nicaragua canal is
a certainty. This wnr-the voyage of
the Oregon-settled that. It wotiM
be well for the merchants of Nebraska
Kansas. Iowa and Missouri to be alert
to the development that Is coming
nlong-the shores of the Gulf of Mexico".
The well Informed business men of
Omaha realize that the heaviest and
most Important shipments over north
and south lines to the Gulf of Mexico
are our farm products. If these pro
ducts could be secured their natural
rights In the matter of transportation
It would be the means of keeping many
millions of dollars here at home In the
pockets of the producers, which, under
the present system of transportation, is
filched from them and unjustly taken
to the already overfielled coffers or
eastern and foreign Industrial bond
holders. .
. i
The German emperor will remodel
large portions of the old royal castle In
Berlin, to make It habitable. Large
amounts have already been spent in al
ternations during the last ten years.
The object of further expenditure Is
nn fh apnrp of economy. Hitherto the
emperor's guests at festival occasions
have been lodged at the hotels.
The heat was so Intense In New York
city on the 1st and 2d Insts. that the
automatic fire boxes sent in a number
of false alarms. The mercury regis
tered 100 degrees In the shade.
Parisian barbers are legally compelled
to wash their hands after attending a
customer and before waiting on an
other. They must also use only nickel.
plated combs.