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About The McCook tribune. (McCook, Neb.) 1886-1936 | View Entire Issue (April 21, 1887)
THE * RAILROAD BILL. " Fill Text of the Measure as Passed by the Legislature. Ab Act te Kegulat * Kallroadf , Frevcnt Unjust Discriminations , Provide for a Beard , of Transportation and D flno JU Dutiei , and to Repeal Articles S and , Chapter TJt , Entitled Itallroads , of the Kavised Statut , aad all Acts la Cosxlct. • iteB&ctedby the legislature of the state of , Nebraska. ' Section 1. Tk&t the provisions of this act shall apply to our common carrier or carriers engaged io the transportation of passengers or property by railroad , under & common control , . manage- Du-nt or arrangement for a continuous carriage or enfpment from any point in the state of Ne braska to any other point in Eaid state. The ttrm "railroad" as used in this act shall Include the road In use by any corporation operating a railroad , whether owned or operated under a contract , agreement or lease , and the term "transportation' * shall include all instrumentali ties of shipment or carriage. All charges made lor any service rendered or to be rendered in the transportation of passengers or property as uf orrsaid , or in connection therewith , or for the I receiving , delivery , storage or handling of such property , shall be reasonable and just , and every unjust and unreasonable charge for such service is prohibited and declared to be unlawful. Sec. 2. That if any common carrier subject to the provisions of this act shall directly or in- directly by any special rate , rebate , drawback or other device , charge , demand , collect or receive from any person or persons a greater compensa- lion for any service rendered , or to be rendered in the transportation of passengers or property subject to the provisions of this act , than it charges , demands , collects or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traflle under Milstantially similar circumstances and condi- tiona , such common carriers shall be deemed guilty of unjust discrimination , which is hereby prohibited and declared to be unlawful. Sec. a. Tliat it shall be unlawful for any comI men carrier subject to the provisions of this act U > make or give any preference or advantage to any particular person , company , rtrm , corpora- lion , or locality , or any particular description of traffic , in any respect whatsoever , or to subject any particular person , company , firm , corpora- tion or locality , or any particular description of traflle to any prejudice or disadvantage in any rwpeot whatsoever. Every common carrier subject to the provisions of this act shall , accord- ing to their respective powers , afford all reason- able , proper and equal facilities for the interI vhonge of traflle between their respective lines , and for the receivingorwarding ana delivering of passengers and property to and from their sevt ral lines and those connecting therewith and shall not discriminate in their rates and charges between such contracting lines ; but this shall not be construed as requiring any such common carrier to give the use of its tracks or terminal facilities to another carrier engaged in like busi5 cess. Sec 4. That it shall be unlawful for any comr mon carrier subject to the provisions of this act to charge or receive any greater compensation in the aggregate for the transportation of passend gers or of like kind of property , under substanti- ally similar circumstances and conditions for a shorter than for a longer distance over the same line , in the same direction , the shorter being ina eluded within the longer distance ; but this shall not be construed as authorizing any common carrier within the terms of this act to charge and receive as great a compensation for a shorter as t for a longer distance : Provided , however. That upon application to the board appointed under the provisions of this act , such common carrier may , in special coses after investigation by the ! > oard be authorized to charge less for longer s than for shorter distance for the transportation of passengers or property ; and the board may * from time to time prescribe the extent to which I i puch designated common carrier may be relieved i l' . ' from the operation of this section o this act. I a Sec. 5. That it shall be unlawful for any comp j & l union carrier subject to the provisions of this o 5 R ! act to enter into any contract , agreement or comji ; jf : binotion with any other common carrier or caro j { § i riers for the pooling of freights of different and I if ' competing railroads or to divide between them & J the aggregate or net proceeds of the earnings of s j II such railroads orany portion thereof ; and in any c i I case of an agreement for the poolingof freights c I as aforesaid , each day of its continuance shall a 11 bo deemed a separate offense. I I } Sec. 6. That every common carrier subject to a I J the provisions of this act shall print and keep for h I ! public inspection schedules showing the rates and li § i fares and charges for the transportation of pasv yj | sengers and property , which any common carrier c ! ! has established and which are in force at the ti time upon its railroad , as defined by the first secr tion of this act. The schedules printed as aforep said by any such common carrier shall plainly g state the places upon its railroad between which a property and passengers will be carried , and c shall contain the classification of freight in force o ! upon such railroad , and shall also state separate ! v the terminal charges and any rules or regulations b i . § which in any wise change , affect or determine 6 J any part of the aggregate of cuch aforesaid rates ii f and fares and charges. Such schedules.shall be c printed in large type , of at least the size of ordinn ' ary pica , and copies for the use of the public c . shall be kept in every depot or station upon any p such railroad , such places and in such form that u they can he conveniently inspected. No advance a ; shall be made In the rates , fares and charges p which have been established and pubit i lished as aforesaid by any common car" b rier. in compliance with the requirements ti K of this section , except after ten days' public h [ notice , which shall plainly state the changes tl proposed to t > e made in the schedule then in force , and the time made in the schedule then in B force , and the time when the increased rates. | I fares , or charges will go into effect ; and the proa j S posed changes shall be shown by printing new 5 : E schedules or shall be plainly indicated upon the Dl i j | schedules then in force at the time and kept for 3 ' , public inspection. Reductions in such published a s rates , fares or charges may be made without s ; 9 previous public no'ice ; but whenever any such 0- S reduction is made notice of the same shall be 5 jw publicly posted and the changes made shall im- fC { S mediately be made public by printing new n ; flj schedules , or shall immediately be plainly indit x SH rated upon the schedule at the time iu force and : 9b kept for public inspection. And when any such i fXj common carrier shall have established and pubtn ; IE Hsh d its rates , fares and charges , in compliance a I ! with the provisions of this section , it shall lie unlv 1 Mj lawful for any such common carrier to charge , p \ Xt demand , collect or receive from any person or • I Xg persons a greater compensation for the transpor- „ * Kg iation of passengers or property , or for any serj i Wti vices in connection therewith , than is specified in -i : njj such published schedule of rates , fares , and p i $1 charges as may at the time be in force. j If Sec 7. That every common carrier subject to m J SB me provisions of this act shall file with the board - \ ' Kj aerinafter provided for copies of its schedules of -j j 9 ? rates , fares and charges which have been estab- i X lished and published in compliance with _ i | k me requirements of this section , and aJ 1 MS .hall promptly notify said board of " m& changes made In the same. Every such com- ' flK mon carrier shall also file with said board copies , B of all contracts , agreements or arrangments with ' H > her common carriers in relation to any traffic 'l H affected by the provisions of this act to which it j jpH " may be a party ; and in "cases where passengers jj BJ * d freight pass over continuous lines or routes Pi K cperated by more than one common carrier , and " E the several common carriers operating such ? HB lines or routes establish joint tariffs of rates , or ' H | fares , or charges for such continuous lines or ? H routes , copies of such joint tariff shall also , in like " manner , be filed with said board. Such joint rates , ? J H fares and charges on such continuous lines so t > HB filed as aforesaid shall be made public by such ' ' HB common carriers when directed by said board , in ' } Bf so far as may , in the judgment of the boaid , be z. is BJ deemed practicable , and said board shall from ' " BJ time to time prescribe the measure of publicity P BJ which shall be given to such rates , fares and " BB chargesortosuch part of them as it may deem , B it practicable for such common carriers to pub- • ' BJ list , and the places in which they shall be pub- * ' n uhed ; but no common carrier party to any such v Bflj joint tariff shall be liable for the failure of any j * K other common carrier , party thereto , to observe ° BB and adhere to the rates , fares and charges thus q J made and published. . _ , , , , a B If any such common carrier shall neglect or re- B fuse to file or publish its schedule of rates , fares H and charges , as provided In this section or any " B part of the same , such common carrier shall in J addition to other penalties herein prescribed , be J * BC subject to a writ of mandamus , to be issued by ? H any district court in the judicial district wherein In j the said common carriers are situated , or wherein " Bl such offense may be committed , to compel com- } J B oliance with the provisions of this act and such Bl wri * shall issue in the name of the state on tfto re- * lotion of the board provided for In this act , and a failure to comply with its requirements shall be ° tjunishable as and for a contempt , and the said board as complainants , may also apply In any ° tourt of competent iunsdicUon for a-writ of in- ° juncUon against suci common carriers , . to re- J ; H ii dn such common earners from receiving oc V M traMPOrtingproperty as mentioned In the first * ! l noftfisactunUl such oornmon carriers ° ve plted with the afo dd provisions P ' of Seffi'lt8haUb9 unlawful for any com- to m m arrier subject to the provisions of this act B rDressed or Implied , to prevent by change J ; I devices , the carriage of freights . or other means M Sif iSinpeontlnuousfrom the place of ship- " I tS uW toationI d o _ breakof IV B Bji * h < i a. i i i > iiii . " " " ' " " " " "Wlif dH "iba * sa3ss aw K MBa j HflBBBBBBBBBBBBBBBBl duik , stoppage or interruption mane ny sucn com mon carrier snail prevent the carriage of freight from being treated as one continuous carriage from the place of shipment to the place of desti nation unless such break , stoppage or interrup tion was made Ip good faith for some necessary purpose , and without any attempt to avoid or necessarily interrupt such continuous carriage or to evade any provisions of this act. Sec. 9. That in case any common carrier sub lect to the provisions of this act shall do , cause to be done or permit to be done , any act , matter , or thing In this act prohibited or declared to be un lawful , or shall omit to do any act , matter or thing In this act required to be done , such com mon carrier shall be liable to the person or per sons injured therebr for the full amount of dam- * ge sustained In consequence of any such viola tions of the provisions of this act , together with a reasonable counsel or attorney's fee to be fixed by the court in every case of recovery , which at torney's fee shall be taxed and collected as part of the costs in the case. Sec 10. That any person or persons claiming to be damaged by any common carrier , subjeot to the provisions of this act , may either make complaints to the board as hereinafter provided for , or may bring suit in his or their own behalf for the recovery of the damages for which such common carrier may be liable under the pro visions of this act , in anycourt of competent juris diction : but such person or persons shall not have the right to pursue both of said remedies , and must in each case elect which one of the methods of procedure herein provided for he or they will adopt. In any such action brought in the dis- trict court for the recovery of damages , said court may compel any director , officer , receiver , trustee or ngent of the corporation or company , defendant in such suit , to attend , appear and testify in such case and may compel the produc tion of the books and papers of such corporation or company , i > arty to any such suit. The claim that any such testimony or evidence may tend to criminate ( the person giving such evidence , shall not excuse such witnesses from testifying ; but such i evidence or testimony shall not be used against ; such person on the trial of any criminal proceeding. ; Sec 11. The attorney general , secretary of state. auditor i of public accounts , state treasurer and commissioner of public lands and buildings shall constitute < a board of transportation , which board shall : have power by.a four-fifths vote to appoint three secretaries to assist in the performance of the i duties of said board , and they shall each be paid | a salary of $2,000 per annum. Not more than I two of the secretaries shall be appointed from i the same political party. The secretaries of the board shall take the oath of office pre- scribed for state officers , and shall enter into bonds I , to bo approved by the governor , in the sum of $10,000 , conditioned for the faithful perJ fonnance I of their duties. No persons in the em- ploy | of any railroad corporation , or holding stock in any railroad corporation , shall be em- ployed j as secretary. Sec 12. That the board hereby created shall have 1 authority to inquire into the management of the business of all common carriers subject to the t provisions of this act , and shnli keep itself informed i as to the manner and method in i which the same is conducted , and shall have the right to obtain from such common carriers full and complete information I necessary to enable the board to perf form the duties and carry out the objects for which it was created ; and for the purposes of this act the board shall have power to require the attendance and testimony of witnesses and the production of nil books , papers , tariffs , contracts , agreements and documents relating to any mat- ter under investigation , and to that end may invoke I : the aid of any of the district courts in this state or of the supreme court , in requiring the at- tendance and testimony of witnesses , and the production of books , papers and documents under the provisions of this section ; aud any court of competent jurisdiction , within the jurist diction of which such inquiry is carried on , may , in case of contumacy or refusal to obey a sub- poDna issued to any common carrier subject to the provisions of this act or other person , issue an order requiring such common carrier or other r to appear before said board and produce Cerson h ooks and papers if ordered , and give evidence touching the matter in question ; and any failure to obey such order of the court may be punished by such court as a contempt thereof. The claim that any such testimony or evidence mny tend to criminate the person giving such evidence shall not excuse such witness from testifying ; but such evidence or testimony shall not be used against sjich person on the trial of any criminal proceeding. Sec 13. That any person , firm , corporation or association , or any mercantile , agricultural or manufacturing society , or any politic , or municie pal organization complaining of anything done or ommitted to be done by any common carrier subi ject to the provisions of this act , in contravention of the provisions thereof , may apply to said board by petition , which shall briefly state the facts ; whereupon a statement of the charges thus made , shall be forwarded by the board to such common carrier who shall be called upon to satisfy the complaint or to answer the same in writing within reasonable time , to be specified by the board. If : such common carrier within the time specified. shall make reparation for the injury alleged to have been done , said carrier shall be relieved of liability to the complaint only for the particular violation of law thus complained of. If such carrier shall not satisify the complaint within the time specified , or there shall appear to be any J reasonable ground for investigating said com- plaint , it shall be the duty of the board to investiI gate the matters compla 'ined of in such manner and by such means as it shall deem proper. No complaint shall at any time be dismissed because of absence of direct damage to the complainant. Sec 14. That whenever an investigation shall be made by said board , it shall be its duty to make s „ report in writing it respect thereto , which shall include the findings of fact upon which the cont elusions of the board are based , together with its recommendation as to what reparation , if any , t could < be made by the common carrier to any J party or parties who may be found to have been _ injured ; and such findings so made shall here- } after , in all judicial proceedings , be deemed _ prima facie evidence as to each and every fact t round. All reports of investigations made by the board shall bo entered of record , and a copy j thereof shall be furnished to the party who may tiave complained , and to any common carrier t that may have been complained of. Sec 15. That if in any case in which an investif Ration shall be made by said board it shall be u made to appear to the satisfaction of the board , g sither , by the testimony of witnesses or other evi- a ience ( , that anything has been done or omitted to t ae done in violation of the provisions of this act , s ar ] any law cognizable by said board by any coma non carrier , or that injury or damage has been a sustained by the party or parties complaining , or t ay other parties aggrieved in consequence of any c uch { violation , it shall be the duty of the board to a 'orthwith cause a copy of its report in respect p hereto to be delivered to such common carrier , p > gether with a notice to said common carrier to t ease and desist from such violation , or to make u reparation for the injury so found to have o seen done or both , within a reasonn ible ] time , to be specified by the board ; and if , c ivithin the time specified , it shall be made to apa sear , to the board that said common carrier has u eased from such violation of law , and has made c -eparation for the injury found to have been r lone , , in compliance with the report and notice of n he board , or to the satisfaction of the party comri rfnining ] , a statement to that effect shall be en- v ered of record by the board , and the said com0 non carrier shall thereupon be relieved from fur- p her liability or penalty for such particular violai i , ion , of law. n Sec. iC. That when any common carrier , as do" - o ined in and subject to the provisions of this nct t ihall violate , or refuse , or neglect to obey any n awful order or requirement of the board in this n ict named , it shall be the duty of the board , and awful for any company or person interested in 3 iuch order or requirement to apply in a summary t vay , by petition filed in the judicial district in fi vhich the common carrier complained of has i s ti jrincipal office , or in the district In which ths b riolation or disobedience of such order n r ' requirements shall happen , alleging ti such violation or disobedience as the case , n nay be , and the said court shall have power to 1 tiear and determine tho matter on such short notice to the common carrier complained of , as tl the court shall deem reasonable , and said court fi ihall proceed to hear and determine the matter X speedily as a court of equity , but in such manner f to do justice in tue premises ; and to this end e such court shall have , if it think fit , to direct and o prosecute in such mode and by such persons as it t may appoint ; and such inquiries as the court p may think needful to enable it to form a just r judgment in the matter of such petition ; and on n such hearing the report of said board shall bo p prima facie evidence of the matterthereiustated ; t and if it be made to appear to such court on such p bearing , or on report of any such person or perp sons that the. lawful order or requirement of o such board drawn in question has been violated p Dr disobe3'ed , it shall be lawful for such a court to s issue a writ of injunction or other proper process r mandatory or otherwise.to restrain such common t carrier from further continuing such violation or r disobedience of such order or requirement of said board , and enjoining obedience to the same ; and v case of any disobedience of any such writ of c Injunction or other proper process , mandatory t. orotherwise.it shall be lawful for such court to a issue writs of attachment , or any other process of p said court incident or applicable to writs of iu- t junction or other proper process , mandatory or t otherwise , against such common carrier , and if a corporation against one or more of the directors , s officers or agents of the same or against any f owner , lessee , trustee , receiver or other person v failing to obey such writ of injunction or other p proper process , mandatory or otherwise : and said court may , if it shall think fit , make an order directing such common carrier or other person so disobeying such writ of injunction or other proper process , mandatory or otherwise , to pay such sum of money not exceeding for each carrier or person in default the sum of $500 for every day after a day to be named in the order , that such carrier or other person shall fail to obey such Injunction or other proper process , j mandatory or otherwise ; and such moneys shall t be payable as the court shaU direct , either to the } party complaining , or into court to abide the , ultimate decision of the court , or In the treasury ; I and payment thereof made , wltu : out prejudice to any other mode of recovering th < * same , be enforced by attachment or order in the nature of a writ of execution , in like manner as If tho same bad been recovered by a final de cree z 'n personam in such court. Either party to such proceedings before said court , may appeal to the supreme court of the state , under the same regulations as now provided by law in respect to appeals in ordinary cases ; but such appeal shall not operate to stay or supercede the order of the court , or the execution of any writ or process thereon , and such court may in every such mat ter order the payment of such costs and counsel fees as shall be deemed reasonable. Sec 17. That the board may conduct its pro ceedings in such a manner as will best conduce to the proper dispatch of business , and to the ends of justice. A majority of the board shall consti tute a quorum for the transaction of business.but no member of said board shal participate in any hearing or proceeding in which he is pecuniarily Interested. Any party may appear before said board and be beard in person or by attorney. Ever } " vote and official act of the board shall be entered of record , and its proceedings shall be public , upon the request of either party Inter ested. Said board shall have an official seal , which shall be Judicially noticed. Either of the members of the board or the secretaries may administer oaths and affirmations. The board shall have authority to employ and.fix . the. compensation ofa steno- grapner xortnuuseo : tuuu ouoiu una lis eeciu- taries j , whose salary shall not exceed $1,500 per year. Said board shall have the general super : vision of all railroads operated by steam In the state ' , , and shall inquire Into any neglect of duty or , violation of any of the laws of this 6tateby railroad corporations doing business in this state , or , by any officer , agent or employe of any rail road corporation doing business in this state ; and shall , from time to time carefully examine and ] inspect the condition of each railroad in this state , , and its equipments and manner of the con duct ( and management of the same , with refer ence , to the public safety , interest and conven iences. j It shall carefully investigate any com plaint made in writing and under oath concern ing j any lack of facilities or accommodations fur nished , by any railroad corporation doing busi ness , in this state , for the comfort , convenience and , accommodation of Individuals and tho pub ] lic ; or any unjust discrimination against either any , persou , flcm or corporation or locality , either in j rates , facilities furniSf ed or otherwise ; and whenever , , iu the judgment of said board , any re- pairs , are necessary upon any-portion of the road , or , upon any stations , depots ' , station houses or warehouse , , or upon any of the rolling stock of any railroad doing business in this state , or additions to or any changes in its rolling stock stations , depots , station houses or warehouses are necessary J in order to secure the safety , comfort , accommodation and convenience of the public and individuals , or any change in the mode of conducting its business or operating its road is reasonable and expedient in order to promote the security and accommodation of the public , or iu order J to prevent unjust discriminations against i either persons or places ; it shall make a finding of the facts , and an order requiring said railroad j corporation to make such repairs , improvements or additions to its rolling stock , road , stations , de- . pots i or warehouses , or to make such changes ' either in the manner of conducting itsbusiuess or In the manner of operating its road , as such board shall deem proper , reasonable and expedient ; aud said finding shall be entered in a record kept for that purpose , and said board shall cause a copy of the same to be served on the said railroad corporation by any sheriff , or constable in this state , in the same manner as a summons is required to be served , and shall also transmit to tne person , firm or corporation in . terested , a copy of tho same. Said railroad cor- i poration shall , within ten days after being served with a copy of said findings and order , show t cause , if any it has * why it should not com- ply with said order , by filing with said board an < answer verified in the same manner as pleadings ' of fact in the district court are required to be • verified. . If no answer shall be filed , as aforej said , then such finding and order shall be final and conclusive as against said railroad corpora- tion. Upon the filing of any answer as provided , for in this section , the said board shall set a day , not exceeding thirty days from the date of the filing of such answer , for the hearing of the matter , and shall notify said railroad company or any other person or persons or corporations interested of the time so fixed , and the place of hearing j the same ; and shall carefully and fully investigate . the matter , and for that purpose may subpoena witnesses , and compel their attendance , and the productions of any books or papers , in the same manner as the courts of law of this state may do. And after a full investigation of the matter said board shall again make a finding of the facts and make such an order as it may deem just in the premises. If said railroad shall refuse or neglect to comply with such order the board s'mll order the attorney general or the county attorney of the proper county to institute a suit to compel such railroad company to comply with such orderand J : it shall be the duty of the attorney gen eral or the county attorney of tho proper county , at , the request of the board or any person inter- t ; ested in any such order or finding , to apply to the supreme court , or to the district court of any . county through or into which its line of road may i \ run , in the name of the state and n the re'iation of said board , for a writ of mandamus to compel such railroad company to comply with such order ; and upon the hearing of any such cause : such finding and order shall be as against such railroad company prima facie evidenco of the reasonableness of such order and of the.necessity j of I such repairs , changes , additions or improve- ] ments or other matters in such order required to ! ' be done or omitted. } Sec 18. That the principal office of the board ; . shall be in the city of Lincoln , where its general sessions shall be held , but whenever the con venience of the public or of the party may lie j promoted , or expense prevented thereby , the board may hold special sessions in any part of the , state. The board of transportation or any member thereof or either of its secretaries may 1 prosecute . any inquiry necessary to its duties in l any part of the state , into any matter or question of fact pertaining to the business of any com- . mon carrier subject to the provisions of this act. Sec. 19. That the board of transportation is 1 hereby authorized to require annual reports from all common carriers subject to the provisions of this act. to fix the time and prescribe the manner , in which such reports shall be made , and to require ? from such carriers specific answers to all questions upon which the board may need information. Such annual reports will show in detail the > amount of capital stock issued , the amounts paid therefor , and the manner of payment of the same : the dividends paid , the surplus fund , if any , and the number of stockholders ; the funded and floating debts and the interest paid thereon ; the cost and value of the carrier's property , fran chises and equipments ; the number of employes 1 t and the salaries paid each class ; the amount ex pended for improvements each year , how ex- , pended , and the character of such improvements , ' the ! earnings and receipts from each branch of I business from all sources ; the operating and other expenses ; the balances of profit and loss , nnd' complete exhibitof the financial operations J of the carrier each year , including an annual bal- 1 ance sheet. Such reports shall also contain such information in relation to rates and regulations * concerning fares or freights or agreements , ar- p rangements or contracts with other com- j mon carriers , as the commission may ' require , and the said board may , within its discretion , for the purpose of enabling it the better to carry out the pur poses of this act prescribe ( if in thejopinion of the [ board it is practicable to prescribe such unifor- { mity and methods of keeping accounts ) a period p of tune within which all common carriers subject to < the provisions of this act shall have , as near as E may be , a uniform system of accounts , and the , manner in which such accounts shall be kept. Sec i0. ! Said board shall , on or before the first * Monday ! in December of each year , make a report | to the governor of their doings for the preceding fiscal year ending June 80. This report shall con- tain such information and data collected by the I board as may be considered of value in the deter- • minationof questions connected with the regul"- tion of cemmerco in the sta'e , together with such recommendation as to additional legislation rt- j ting thereto as the board may deem ceessary. . Sec 21. That nothing in this act shall apply to ' the carriage , storage or handling of property t free or at reduced rates for the United States , or municipal governments or I for charitable purposes , or to and from fairs and 1 expositions for exhibition thereat , or the issuance , of mileage , excursion or commutation passenger tickets : : nothing in this act shall be construed to t prohibit any common carrier from giving : reduced rates to ministers of the gospel : , " nothing in this act shall be construed to ' prevent railroads from giving free carriage to | their own officers or employes , or to prevent the 1 principal officers of any railroad company or com panies from exchanging passes or tickets with other railroad companies to their officers and em- p' .oyes or others , and nothing in this act contained shall in any way nbridee or alter the remedies now existing at common law or by statute , but the provisions of this act are in addition to such remedies. Sec 22. To carry out the provisions of this act without undue burden to the state officers who compose the board of transportation , their secre taries are hereby empowered in all matters of ex amination or investigation , to perform the duties prescribed for the board themselves ; Provided , that all final decisions shall be made by the board themselves. Sec 23. That articles five and eight of chapter seventy-two of the compiled statutes of Nebraska for 16S5 , and all acts and parts of acts inconsistent with tho provisions of this act , ore hereby re- pealed. Approved Starch 31,18S7. fc The apportionment biU became a law without tho governor's signature. A monument to soldiers who feU In the war for the union Is about to be placed in the public square at Burlington. "Wisconsin. The county appropriated $2,000 , H. S. Magoon gave $1,000 , and the people wUl contribute $3,000 more mmmmmmmmmmmmmmmmKmmmmmmmKmMmm APRIL. A maiden fair as fairest morn. As if of Aphrodite born , 11ns come to earth with charm and spell To spread Quecu peauty's festival. The herald ehe of golden hours. Embalmed in fragancc , love and flowers , Her eyes hold pictures of the sun , She laughs as laughs Eiidymlon. Upon her step the graces wait , With rod of love she conquers Pate , Performs miracle divine , Turns Nature's tears to heavenly wine. Around her feet ( lie violets spring , Uuto her robes the wind-flowers cling , The birds , winged poets of the air. With worldless love songs greet her fair , The south wind , with delicious thrills , Meets her in valleys and on hills ; Her warm breath swells with joy the streams , As music tills the heart with dreams. Bright messenger of God's great love , W tli gifts from treasuries above , Where c'r she moves the sunshine pours With roj'al hands Its goidcu stores. O sweet-lipped priestess of the year ! Bringing the gospel of good cheer. In rose and irold to Nature s shrine , lu thy unselfishness divine , Thou makest beautiful the way Por the fair feet of song-crowned May. Harriet Smead , in The Current. Gilbert Cleve. "A fine , frank-hearted yoim rfellow , Ma , my love , and likely to make his way ' through the world , I congratu , late ' you upon your choice of a future husband. | " Ida Hay ward smiled and blushed , and looked | placidly happy , as a young maiden I should who had just made her selection for life. She was very pretty aud j delicate ; not perhaps majestically handsome I as Egyptian Cleopatra or Helen of Troy , but nevertheless pos- sussing : a bloom of freshness of her awn , with soft , nut-brown hair , eyes of wistful hazel , and a little ripe straw berry | mouth , whose parting smile showed twin rows of trarilucent pearl. As the gray-haired old hnvyer looked : at ! her , he almost envied Gilbert Cleve for having won sucii a ji'wel to wear in the | crown of his life. "It isn't her beauty alone , nor yefc her I money. " thought Mr. Parchment , , though I'm not the man to despise either the one or the other , but I've been [ her guardian long enough to know ' what a prize she would be in any man's j home , well , well ; , it's tiie youngJ that pluck the roses , aud we old fogies that t have had our day and generation , must be content to stand aside. " , As these fancies crossed his mind , he- was standing hold ng Ida's hand in his. "I repeat , my dear , 1 congratulate you. J " he said aloud. I hope though , j'ou'll break him of ono way he has , antagonistic to my old fashioned notions . . that social glass , which young men- nowadays ' are apt to multiply too fre- quently. " ' Ida started. . , • 'Oh , Mr , .Parchment ! ' Gilbert Cleve does not drink ! " "Nonsense , my dear. jSow 3-011're * going oft"at a tungnet with the idea , that [ lie ' s a regular fast j-oung man. : " Drink ! Of course doesn't drink in the I world's acceptation of the term. Only ' my dear now remember , this is strict- 1 y enlre nous I've seen him once or twice at the anniversary dinner of the a club , just a Utile the worse for wear , f You. understand ? And really it could ; * hardly be said to be a.fault , for all the other young fellows were exactly in > ° the same box. " Ida was silent. Avery grave look f had come over the exquisite lineaments | of iier face. ' • And 1 only mentioned it , my dear little girl. " went on the kind-hearted old lawyer , "so that you might avail yourself of the lirst really good oppor- * portunity to break oil"a habit that had e better be checked than fostered. " \ "I am very much obl.ged to you , sir , " a d Ida , looking earnestly into Mr. * Parchment's face. "But I differ with ou in some of your conclusions. I think that drinking , whether carried to excess or indulged in as a mere casual . thing , is a fault ay. and the most " egregious of faults. Gilbert Cleve must . either give up his social glass' or me. " It was not very long before our resoY lute little hero had an an opportunity V to put her precepts into practice. s Gilbert Cleve looked very handsome at Mrs. Chessington's soiree dnusaiite ? that night. He was-tall and well made , with jet-black hair , a skin 1 ke marble , and features whose regular Greek ° lines made one think of an antique a cameo. * Ida could not repress the thrill of , pride that rose in her heart , and sent the carnation blood to her cheeks in , crimson currents , as she watciied his * easy , graceful manner , and the smiles of welcomewith which he-was every- : where > received. A girl likes to have 1 her lover stand well in the eyes of the , world as well as in her own , and Gil- * berc Cleve was ono of society 's favor ite children. * But there came a dark shadow into her eyes and the carnations paled , as = Ehe tloors of the supper-room were ° thrown open , revealing glitter ng tem ples of confectionery , pyramids of - white and pink iees „ grapes , pineap- ? pies , and worse than all , decanters of l cut-glass and silver wine atands , where sherry shone like melted topaz and red- a der wines sparkled , and huge china s punch-bowls decorated either eud of the table. "Mr. Cleve , " and Clar ' ce Chessing- f ton | lifted a tiny chalice of wine in pinvful | challenge. , In an instant. Gilbert Cleve had j poured out another glass and smilingly- nodded acceptance of Miss ChessingT ton's invitation. Suddenly a softs gloved hand was j laid on his arm , and a pair of dark * eves ' rested entreatiugly on his faee. ' " 4Gilbert , for my sake , put down that t glass , untasted. " 1 "Mv dear Ida , what nonsense ! As if j a glass of wine could hurt any one. " "It is not this one glass alone , Gilbert. " she pleaded , in an agitated J whisper , "but the many to which this ( will lead. " Gilbert Cleve drew himself haughtily 1 ap. ap.Ida , do you take me for a drunk- ; aril ? " t • • Gilbert ! " "Well , then why this foolish over- , caution ? I loll you I am able to tak .care of myself. " "W.ll you refuse to trratify mc u this one trifling request ? " Ida asked. "If it is so trifling , why do you insist upon it ? " demanded Clove. "It in the pr nciple , G lbert ! " she an swered , very pale now , but growing firmer and more resolved with every second. "Mv husband must never be a slave to the vilest and most degrad ing of habits. " "I drink to your husband's health , " laughingly mocked Mr. Cleve , once more elevating the yet untasted wine glass. "Gilbert , " she said gravely , with hei soft hazel eyes lixed full upon his face , "stop a moment. You must choose be tween me aud that wine. I can accepl no half measures. Total abstinence is the only condition upon which I will consent to become your wife. " "My little Ida. tlic mock heroics are exceedingly becoming , but scarcely called for , " laughed Cleve. "A woman attempting to dictate always seemed to me out of place. " And he lifted the glass to his lips and swallowing ' its sparkling contents , bow ing with playful defiance to Ida Hay- ward as he did so. She made no comment ; and although she was rather paler than before , none but 1 those accustomed to study welL the expressions of her face could have de tected ( the outward manifestations of her ] heart's emotions. The evening passed away , Mr. Cleve drank ' frequent ! } ' , though not deeply ; but Ida shuddered at his somewhat boisterous laugh , and turned away with a sickened feel ng as his breath touched her j cheek. There was no more enjoy ment for her , and she left the ball-room at i an early hour. It was about noon the next day when Gilbert Cleve sailed to enquire after his pretty ' partner of the night before. . Miss Jessup , her starched "compan ion" entered tc greet him. Yes , Miss Havward waswell , but , would Mr. Cleve please to excuse her ? M ss Hay ward would prefer that Mr. Cleve ceased his attentionsaltogether. . And shestifily handed him a little parole } containing two or three letters , a silver boquet holder , and a pearl fan which he had given her , and. , in its tiny casket of blue velvet , the diamond en gagement ring. • • What docs tbi3 mean ? " he ejaculat ed. "Miss Havward bid me say that you took your choice last night , , and that . 3'ou must be content to. abide by it. " And that was all that Miss Jessup- knew , or at least all that shechose to1 ] reveal. Cleve bit his lip. "A mere lit of girlish pique. " he muttered to himself as lie left the- house. "She'll come to her senses in time but I hope she won't treat moto much of this sort of thing. There is- some limit io a man's pat.ence. " But Ida Havward did not "come to- her senses" in Gilbert Clove's interpet- aton of the phrase. The days passe I on and lengthened into weeks , andstill he was not recalled. "Who cares ? ' ' he muttered. "If she- prefers ; to live and die an old maid , I don't care. I'm not going to be a slave- to any woman's puritanical whims. ' * A year afterward , when Ida received ; an invitation from a friend to-accom pany her on a pleasure tour to Palestine and the Holy Land. Cleve hardly thought that she would accept it with- out at least seeking an interview withi him. But he was mistaken. Ida did accept it. aud left the United States for an indelinite period and thus drifted away thelast hope to which he had' clung. Five years elapsed before Ida Hay- ward again pressed her foot upon the- soil of her native land , and she return ed the happy w fe of a high-born . j'oung Englishman , who had been cap- tivated ] in Syria by the sweet , oval face andliquid J hazel eyes of the pretty American girl. Sir Guy Bruce thought he had wona treasure ' , nor was he mistaken. As they were driving up Broadway in an open barouche , having just d.sem- barked from the steamer which had brought them over. Lad ) ' Bruce'seves were eagerly roving from side to. side. drinking in the old familiar sightsand surround ngs of her girlhood. Suddenly the carriage stopped at a crossing. Lady Bruce leaned forward to see the cause of their detention "It's only a drunken man in charge of the police , " add her husband , "with ret.nue of idle fellows and ragged 1 children following after themWhy , Ida , my love , what is the raalterr" Sure ly you are not ill ? " He spoke eagerly , for Lady Bruce 1 had ? turned very pale , and was leaning ( forward ! with her hand on the side of j the carr age as if she were transformed 1 into ] a statue- marble. c The facef the raving drunkard had i been j turned full towards her as he passed noisily remonstrating with his captors , „ and , 111 its bloated lineaments and d m c eycIda recognized the once kingly j glance ami pure Greek features of her r old lover , Gilbert Cievet 7 So this was the end of his bright t youth and promising manhood. Dead < to shame , lost to ambition , abandoned to the lowest and most animal exis tence , and all because he had not courj j re to resolve to abstain from "the , soe'al glass. . If ever the face of the arch lienti ; 3 { radiant , it is through the blood-red re- - , flection that shines upon it through the ( wine-glass. "Xoth ng , dear Guy. " Ida answered , leaning back once more with a shudder- * ing sigh , "oniy such sights aro not * pleasaut. l And Lady Bruce , a3 she looked upoc e the freshfair countenance of her noble " English husband , thanked heaven thai J sho had adhered to principle in the one : great trial of her life. l m 1 Virtuous Indignation , "You gave me a counterfeit $10 gold t piece yesterday. You must be entirely t dovoid of conscience. " c . "Well , return it to me. I'll take r s back again. " : "Oh , I have already passed it upoc ' somebody else. Fliegende-Blatter. Neither fish , flesh nor fowl vegetables , o t course. SonnrvilU Jonrnil. 1 : ; I 1 HERE AND THERE. If ' f * Fresh trout retails at 10 ccnta per pound tt . 1 Reno , Nev. " " * ; the rancher - b- Sheep-shearing is In progress on below Dayton , Oregon. . it The great Lick telescope will not be In posl- jtf tion until next September. . I' n afternoon German uaper wUl soon bt r started In Los Angeles. Cal. \ \ It is asserted that fully five thousand peopli # In Georgia travel on free passes. t ' Over 10,000,000 pounds of spurious buttei f were mad * In this country last year. f f j The average depth of snow between Trno 4 ' fcee , Nev. , and Lake Tahoe is two feet. It Is asserted that thirty languages an j Bpoken by the learned residents of Boston. A lover of statistics has calculated that 19.- 1 009 stitches are required for a hnnd-aewed M shirt fM The petroleum found in Egypt ia used onlj ' for lubricating and fuel purposes , and not foi lighting. m A valuable plant must have-been an Odon- M toglossum , which was sold recently in London for SO guineas. 9 A tourist in Florida says he has not been 9 able to find a verified Instance of an alligatoi injuring a man or child. 19 They are cnlarcing the Chinese pnbUc 9 school In San Francisco to accommodate the large increase In the number of pupils. j9 A correspondent wants to know whether il H is club etiquette to take a newspaper file awaj H from a member who has fallen asleep over it H E-ren the ministers at San Luis Oblspor Cal. . . S arc going Into the real-estate business , and M they are usually successful in their specula- jH tions , M The Concord philosphers will this'year de- ' 9 vote themselves to a consideration of Aristotle H and his philosophy in relation to modern. H thought. 9 Saint Saena' new opera 'Troserpinc , " ' re , / 9 cently given in Paris , 13 pronounced a success ; 9 It Is extremely melodious aud skillfully 9 orchestrated. ' 9 The militia of Nevada numbers five bun- ' k\ \ dred men , " 'horse , foot , and dragoons. " ' | United' , these several branches of the service t 9 form the Pacific Coast Invincibles. " " / | It Is-reported that the sum of $200,000,000 9 is due from England to France under the / " H treaty of Nov. 29,1SI5. A committee of the * - > j | chamber of deputies is now investigating the < H subject , with the vicwot demanding payment. H The American Grocer says : "It ia growing J 9 more-and more the custom to have deeds , ' | contracts , and valuable documents printed.on M a type-writer in aniline ink. This is a great l l mistake , because in a few years they-are sure H to-bo obliterated. " ' | Saleswomen in a great many shops in Phila- H delphia 1 are prohibited from fine 'dressing. H In-one-establishment the girls arc required to. 9 dress 1 in black. 'In another dark colors , blue , H i brownor black , arc requested , aud rich jew- " | elryfe not permitted. > | Paris still retains the insane claque system , t 9 andione- ; the prominent chiefs has resigned H rather than submit to a reduction iu his salary. 9 The great man was better paid thanthe aver- 9 azc ; actor and had twenty of the best scatsin 9 the house at his disposal every night. ' H A\druggist in Urattleboro , Vt. , has connected. , j 9 evary ( bottlecontainig poison with tbeprcscrip- i l toin' desk by electricity , so that whenever one ] 9 is touched the bell irives warning and wakes l H the compounder up to sec , by a second look , j H whether he has the bottle he wants or not. " * Tjr 1 In the neighborhood of Rutland , Vermont • , l J there is a sugar orchard , which is so. com- ' H plctchr snowed under that the owner of it H docs ' not entertain a thought of making any ' H biiirar ] this season. The tops of the trees nuly ) fl l are ] visible , and the snow is ten and twelve feet | In northern Nevada the weather hns been. ! H ! exceedingly warm and line since the 20th ol - H February , and tiie snow drifts , excepting those H on ( the ln irli mountains , have disappeared. , fl H with astonishing rapidity , and. grass is from J l four j to six inches high' where the snow. ha * -d j J left the grouud. j | A little sou of T. J. Folds , of Ilawkinsville. | G-j ( „ went to his traps the other day and : found j | three ' partridges , and , taking thcinout , pulled f l their heads off. One of the headless partridg- ' 1 es Hew away and could not be found , and tiie ' l l astonished : boy went home with , three head : l l and : on ! } ' two birds. j B In Philadelphia a church , organization U 9 trvinir to raise money enough , tck build a j | r-hurch by means of a lottery ; . The promo- / l ters 1 are selling tickets at. > 0 cents , and tdero . H arc fifty prizes to be drawn * from , a $ .xW gov- - ' | | eminent bond and a haudsoine rosewood piano 9 down to prizes of little value- j l During the recent burial of an. Indian near " " | Umatilla 1 Cal. " " H , , a "medicine man , known a * "Old Tom. " was shot and instantly killed by 9 | another Indian. The assassin is a brother of - | the t Indian who was bcin < r buried , and he be- 9 lieved the "medicine man' * had exerted an. | evil spirit over his brother aausing his death. . | The electric railroads in Los Angeles , Cal. , . | where the climate is considered to be 'tha- | most suitable for them arc decided failures. B One electric road , a bo lit one and a half miles- j H in length , , requires an engine of about & > | horse-power to supply the electricity of two. H cars , ami at this ratCi. iscousidercd not prolita- | Mrs. Amanda Sykes , of Edmonton , Ga. % has i l a goose which for the past four years lias be- | trun to lay for the season on the day that corn- | planting was comm-nced on the place. t N H matter whether the day was in .February or in 1 breb. the goose be < ran laying each year ot | the very day that they commenced planting | corn. "q l There are 90 college papers in this country. I l The Canadian government is said to.be mak- I H ing preparations for sending a joint geological I H H end topographical exoedition early this spring i l to the Yukon country. The expedition will * ll l be under the charge of Dr. Dawsca and 3ir. t 1 "William Ogilvie , and will leave Victoria , B. I H C , early in May. l l It is probable that the artesian well now be- i H ing , bored at Pesth will be the deepest of l H the kind in the world , having indeed l l reached a point entitling It to thls pre- f l eminence. It is sunk for the purpose of sup. 1 plying the baths and other public establish- f H ments with hot water , the temperature aimed \ * i H at as a maximum being 17d deg. , with a vol- l ? ume sufficient for tha wants of the whole I H The postoffice in India Is regarded 39 so l l miraculous an agency by the more Ignor- I H ant natives that in some out of the way ph\e < s J - ] | the very letter boxes are • worshiped. In , i- . * | | case a man posted his letter In ! a box an " i B shouted out Its destination to Inform the pre I H siding spirit , whom he supposed to be on the H inside. Another native humbly took off his l l shoes as he approached the box , went through ' H various devotions before and arter postiD < - 'i H his letter , and finallyput some coppers before II H the box 03 a propitiatory offering , retlrinc in H the Eame attitude of humility. I H l/ l