urrtlLLING figures,
A. Ropublicnn Kowspnpor B'.ioekod
nt Railroad Decisions of tho
fcluproino Court.
Almost Every Cuao Decided in
Their Favor.
Tho following article ajiperuod in the
Lincoln F.vonlng Xu.vs September 18,
IH'.M, a republican dally with tho largest
(Imitation of miy v,ipur In Lancaster
comity, under .the title of "Apalling
Flgur.'.'' '
A correspondent takes exceptions to
tho leeont stutcment made by tho News
that a mujorlty of people havo lost in u
measure their respect for tho justice
und integrity of our courts, and insist
that tho Xcws must have been in error
when it billed that In the past eighteen
jeans but two or thiee personal damage
cases to which tho railroad companies
were parlies had been decided ml vciso
to the corporations. The ie cords of
the. coin ta tor the pant twenty-live
years aio altogether too voliiniluoun
for the Xewa to scan them for the pur
pose of eorroljoiation of the statement,
which was iiiaile on tho authoiiiy of a
reputable lawyer ot this ci'y; hut it has
taken the record of ono company 'he.
Hurlington, admittedly tho most pow
erful corporation in the state for the,
past live yearn merely as an Illustration.
In that time the Darlington has been u
party to twenty-one eases, and there
Hults lead one to wonder if the corpora
tion in always right and judge, jury and
plaintiff always wrong. Jlero Is the
list, of eases:
No. l. C, JJ & Q vs. Moore: action
for money paid to a garnishee of an em
ployee's wages who lived in Nebraska
mid was sued in Jowa. Mooro seemed
judgment below against tho company
for paying wages exempt by law. The
company appealed. .Judgment reversed.
No. 2. '27th Neb., paced".'!. Action by
administrator for killing employe.
Plaintiff had judgment below. Co. ap
pealed. Judgment reversed.
No. 3. ICoenig vs 0, 11 & Q. 27th Neb.
page 099. Action by plaintiff for laying
u railroad track across his garden in
the city of Lincoln, Co. recovered bo
low. Jvoonig appeals. Judgment re
versed by Jtictge Maxwell.
No. 4. C, I) & Q vs Hognn. Action
for killing stock, llogan recovered
damages. Co. appealed. Judgment re
versed. No. 5. 25th Neb. p. 118. Action for
killing cow. '1'JaintilY got judgment
. for 820. Co. appealed. Judgment
' affirmed.
. No. (i. 30th Neb. 197. Action for
killing stock. Judgment for Co. below,
riaintiff appealed. J udgmont affirmed.
No. 7. C, JJ & Q vs Kriske. 80th
Neb. 215. Action for malicious proso
etition. Krisko recovered. Co. ap
pealed. Judgment reversed.
No. 8. C, B it Q vs llogan. 30th
Neb. p. GSO. Action to require Co. to
fence line. Judgment for Hogau. Co.
ppeals. Judgment reversed.
No 9. 0 13 & Q vs Gnracke, 32d Neb.
p. 00. Action for killing cow. Judg
mntforS20. Co., appeals. Judgment
aftl'med.
No. 10. O B & Q vs Barnard. 32d
Neb. p. 300. Action for killing brake
man, l'ltf. received judgment. Co.,
appealed. Judgement reversed.
No. 11. O JJ & Q vs Gustin. 35th
Neb, p. 80. Action on tender of 81.25.
Oustion recoverd. Co., appealed. Af
firmed. No. 12. Audersou vs C JJ it Q 35th
Neb. p. 05. Action for killing brake
man, l'ltf. got judgment for 81. Co.,
appealed. Affirmed.
No. 13. A & N It R Co vs Forney.
85th Neb. p. C07. Action for damages
for taking rigltt of way. Forney re
covered below. Co., appeals. Reversed
No. 11. C B & Q vs Merrick Co. 30tli
p. 17C. County sues for taxes. County
recovers. Co., appeas. Affirmed.
Merely a question of whether tho taxes
were to be paid to tho county or the
ttate.
No. 15. C B & Q vs Landaenr. 3Cth
p. 042. Action for injuries, l'ltf., re
covers $5000.00. Co., appeals. JIo
versed.
No. 1C. c,C B & Q vs Anderson, 5(i N.
W. 794. l'ltf. recovered below. Co.,
appeals. Reversed.
No. 17. CM Q vs Graven, 50, N.
W.790. Action for killing child, l'ltf.,
recovered. Co.,appeald. Judgment re-"
versed.
No. 18. Woolsey vs O B it Q 5S X
W441. Action for killing decedent.
Defendant recovered below, l'ltf. ap
peals. Judgment affirmed.
No. 19. C B & Q vs Wymoro nsth X
W 1120. Actiou for killing pllf's. bus
band. l'ltf. recovered. Co., appealed,
reveised.
No. 20. Oliver vs O B it Q 59th X
W 351. Co., recovered below. Oliver
appealed. Aflirmed.
No. 21. O B it Q vs Olsen 59th N W
S54. Olsen recovered judgment for
84500.00 for loss of leg. Co., appealed,
ReverEcd.
Of these twenty-one cases four were
appealed by the plaintiffs in the lower
courts; of these ono whs reversed and
three sustained. Seventeen of theso
cases were appealed by the railroad com
pany; and of that numbcrthe judgment
of the lower court in favor of the plain
tiff was reversed in twelve, while but
four weroMistuitiort. I'llliisconneetion
It should be stated that In the cases de
cided adverse to the railroad theamount
of the Judgments Involved was exactly
M1, while in the other cases the amount
of the judgments against the. com puny
which were set aside was away up in the
thousand.". Is theie not diffident justl
licatloii in these appalling ilguros for the
feeling that is steadily glowing iig.iintt
the ascendancy of corrupt corporate in
llitencu in parly circles and for a purg
l:.g and publication of the courts. They
mo proof positive that there is some
Icing wrong with tboeotirls, as nothing
save a perverted sense of Justice, could
account for sucn o.ie-sidedm-ss in judi
cial decisions.
Norvhl Nominated by Acclamation
There is nothing surprising or unex
peeled in tho unanimous nomination of
Chief Justice Xorval as candidate for
ie-eIcclioii. .Sincu the nomination for
this oliico has been discussed, it has
been known that Judge Xorval was tho
favorite of tho railroad corporations for
this place, and that they had given out
orders for his triumphant nomina
tion. Kvery man who was prominent
in the convention as chairman, speaker
and platform writer was u persona gra
ta with tho railroads, testifying as rail
road pet to the origin of tho nomina
tion. And not a word was said by any
of tho speakers or in tho platform,
which could convince a voter that tho
candidate for tho judgeship was the
right man for tho position. They all
avoided this point carefully und dis
cussed only in their speeches and in
their platform the national issues and
the position of the republican party re
garding tho tariff and money questions,
which have nothing at all to do with
tho election of a judge.1
Tho election of a judge, as acknowl
edged by all sensible and impartial men
is a non-partisan matter and should
not bo iulluenced by national politics
or railroad preferences. Besides learn
ing and honesty tho main quality of a
judge and especially a judge of-a su
preme court is
AllSOl.UTi: JxtU'lStDKNCE.
From the dangerous corporation power,
which according to tho testimony of a
member of the U. S. supremo court is
threatening the health and perhaps the
life of our whole country.
In this respect Maxwell is greatly
superior to Xorval, and all people, who
want to save our country lrom this
danger, ought to prefer Maxwell to
whatever political party they may be
long. Grand Island Independent (Hep.)
President Wm. F. Chancellor of the
Lincoln J'olytechnic Institute is becom
ing very well known in the state as a
lecturer and public speaker. Ho is in
terested especially in radical education
al and political reform and has made
especial study of technical education in
the ono Held and of Swiss direct legis
lation through tho initiative" and refer
endum in tho other. He is to make
several lecture tours in the Midland
states, and is reported to have sixty or
seventy engagements before tho llrst of
January.
Maxwell on Silver.
The interview was in part as follows:
Q. Judge MaxwelI,1havo you any ob
jections to giving your views on the sil
ver question?
Judge Maxwell I have not. From
the first T have been an open and out
spoken advocate of tho free coinage of
gold and silver. Both have teen used
as money by every civilized nation from
tho earliest history of tho world until
1822, when tho British Parliament de
monetized silver.
Q. Do you see any reason for chugg
ing tho ratio V
Judge Maxwell 1 do not. Tho sin
gle standard people have mado every ef
fort, since they accomplished tho repeal
of the legal lender act, to decry silver
and run tho price down. If gold wero
treated in tho same manner as silver,
the price would certainly bo depreci
ated. But with the unlimited coinage
of silver it will bo at par. 1 am cer
tainly in favor of the unlimited coinage
ot silver at tho ratio of 1C to 1. Had
the act making silver legal tender not
been repealed, no question would havo
been raised as to the ratio.
Q. What do you think tho remedy
should be V
Judge Maxwell Tho remedy for the
present distress is to open every mini
in tho country in tho country and coin
all the gold and silver that Jean bo ob
lained for coinage. -'0
need to havosomueh money in circula
tion that a few men cannot corner it
all, and bring widespread dislress upon
the country at large. We need legisla
tion for tho whole- peopleandnot for tho
privileged few, who already havo more
than any individual could wish for, and
who, it will bo seen from history, at all
times have been legislated in favor of.
Fremont Leader, May 4, 1891.
The ubovo was Maxwell's opinion
given publicly more than a year ago.
Since tho days of Henry VIII there
has never been a court open to such an
ariaiirninont of its record as that of the.
supreme court of Nebraska, It does
not need argument to show tho black
ness of that record. Tho decisions
printed, in thoolliciulreportsarcall that
ono needs toniako him turn with horror
away from it. It is on ineffaceable
record of shame and can never be b otted
out. If the people want it continued
until all respect for our courts Is oblit
erated, they only have to continue the
tame judges in office.
MRS. ELIA W. PEATTIE.
Candidate For Rcgont For tho
Stuto University.
Theie have been various Utile biogra
phles written in books of Mrs. F.lia W.
I 'eat tie, but the reader may wish a lit
tle summary of fuels easily remem
bered. Sho was born in Kalamazoo,
Mich., In 1SC.2, while her father was in
the war. IIo was one of thoso who en
listed at tho llrst call lor troops, Eervlng
till his discharge lor disability incurred
from a wound. Her people were pio
neers llrst in New Hampshire, then in
Michigan, unci havo always been identi
lied with tho latter state. Tho firsl
governor of Michigan, the first chief
justice, wero relatives of hers. Her
own life up to tho ugo of 21 was that ol
most American girls who have parent?
of moderate means. She lived at home,
attended tho public school, learned
housekeeping, etc. When sho was ten
years of ago her father, Frederick Wil
kinson, removed to Chicago, and shi
grew up in that city. When she wat
twenty ono sho married ltobctt Hums
Pcattie, a newspaper man, and they
have nhvaya worked together more or
less in'a literary way. They have three
children, two boys and a girl. For ovei
six years they havo lived in Omaha,
associated, as many of us know, with
tho World Herald. Mrs. Peattio's am
bitions, outside of those connected with
her home, have been to be known as a
writer of good and simple fiction. She
has a history of the United States for
young people (which is not wholly fic
tion), a book for children "With Scrip
and Staff' a tale of the children's cru
sade and she has written for St
Nicholas, Wide Awake, the Century,
Scribner's, Harper's Weeklj-, und manj
jother periodicals. On the' Chicago
newspapers sho served an apprentice
ship in newspaper work, doing almos
every sort of reporting, and in Omaha
has done editorial and special work,
especially along the lines of writing for
women and of literary criticism. S.ie
does not pose as a servant of tho pub
lic, although sho might bo counted so
because of tho many efforts on her part
to assist in securing protection for help
less women and in forming clubs for
their higher education. Sli3 has labored
for various reforms for the betterment
of the condition of women, and her bo
ilef in tho esthetic development of life
as much as in its practical development
has been so strong, that if she has done
any one thing in this state it his been
to turn the attention of women to good
books, good pictures, good music, and
to leave behind those comparatively
low standards which inevitably exist in
a state still in tho furoro of its pioneer
activity. Such things may not count
for much in a political campaign, but
they count higher up. She has mado a
great point of btanding for absolute re
ligious, liberty, and has been consider
ably misrepresented on that account.
It was that which lost for her the elec
tion to a membership on the Omaha
.school board. Sho has lectured a good
deal in tho state on literary subjects,
but tho lectures wero only a means to
an end, and sho does not wish to be
known as a public lecturer. The lec
tures wero for charity or for educational
institutions', with two or three excep
tions. Theie is no person in the stato
better qualified to occupy the position
of Regent of tho University than Mrs.
Elia W. Peattio.
MR. JAMES H. BAYSTON.
Candidato For Regent For Stato
Univoi-sity.
James H. Bayston was born on a
farm in Cook county, Illinois, in 185S.
Ho attended tho public schools of that
county and in tho city of Chicago; also
tho Cook County Normal school. At
,tho ago of 20 years he taught his first
term of school. Ho moved with his
parents to this state in 1S78.
Mr. Bayston moved to Red Willow
county ten years ago and preempted a
a farm, engaging in tho occupation of
farmer several years. He taught school
for live years; has been principal of tho
Bartley schools and was principal of
tho West Ward schools in McCook
when ho was elected county superin
tendent of Red Willow county four
years ago. Ho did not seek a renonn
nation to that oilico this fall, as the
sentiment of tho party is ugainst third
term nominations. Ho is an earnest
worker m tho cause of education and
the following tribute from - the papers
at his homo show the appreciation and
esteem in which his work lias been held
by those most qualified to testify. Tho
McCook Tribune, Bop., says: "Tho
Tribune congiatulates J. H. Bayston,
our county superintendent, upon his
recognition at the hands ot tho Fopu
list state convention.'
Tho Indianola Reporter, Rep., lias
this: "James H. Bayston, of this city,
received tho nomination for Regent of
tho Stato University in tho Populist
stato convention. Wo know of none who
would do more honor to tho place than
Mr. Bayston." And last -but not least
from tho North Western Journal of
Education, September number, Lin
coln, Nob. "Superintendent J U.
Bayston, of Red Willow county, has
been nominated by Iho Populists for
University Regent. Superintendent
Bayston is one of the most capable and
level-headed superintendents in Xe
braska, and if electel tho interests of
the University will not suffer"
ROBBING AT THE PENITENTIARY.
Held "It ia Not a Mlrulomcnnor in
Office"
Mtixwoll Dissonts and Says "tho
Public Officer Should bo
Faithful to tho Stato."
It was this same Norval and Post
that exonerated Hie gang of boodlers
In tho famous Impeachment case of
tho Stato vs. Hastings et. al. This
case is too well known to need much
comment. The following extracts will
bo sufficient to indicate tho lino of
argument used by Judges Xorval and
Post. In tho syllabus of tho case,
these two judges say "The legislature
of lb91 appropriated 810,000 f or the
building of a cell house at tho peniten
tiary by days work. Tho board of
public lauds mid buildings having said
buildings in charge, selected for sup
erintendent of construction one Dor
gan, known to bo the agent and man
ager of Mosher, the lessee of tho prl-s-'ii
Inbor, with the understanding that
ho would havo to contract with Mosher,
as principal, in behalf of tho state for
tlio necessary labor and fix tho price
to bo paid therefore. '
"HUM), (by Norval and Post) "that
tho action of tho board in selecting
Dorgan as tho representative of tno
state, while highly censurable as un
businesslike and and wanting in that
intelligent regard for the interest of
the public, which tho state exacts from
its Jotllcers, was, at most, an error of
judgment, not amounting to a misde
meanor in ollice." To this Judge Max
well dissents. To shorten tho reason
ing, it might 1 o suggested that the
court simply decided that it was an
error of tho head and not of the heart.
Those gentlemen never intended to
rob tho state! In another paragraph
the same Judges Xorval and Post say
"through tho neglect, incompetence, or
fraud of a superintendent (Dorgan,)
tlio state was charged for building
material greatly in excess of tho rea
sonable or market value thereof, and
for labor which had not been per
formed. Tho bills rendered therefor
wero presented in tho usual course of
business ai.d allowed by the board of
public lands and buildings, acting in
good faith and m the Jjelief that such
claims were legitimate charges against
tho stato. HELD, that the allowance of
such claims is not a misdemeanor in
office for which the members of tho
board aro impeachable." To this Judge
Maxwell dissented. If tho future de
velopments indicate that this board
acted in good faith, the state would be
considerably more prosperous if it had
more citizens in bad faith. The
opinion in this case is too long to print,
covering, as it does, fifty-seven pages.
Judgo maxwell in commenting upon
the acta of the officers that wero on
trial said that "a public officer like any
other servant should bo faithful to his
employer, should seo that in all mat
ters under his control the master shall
not be defrauded; in other words, ho
shall be faithful to his trust not as an
eyo servant, but In tho sight of God;
that is in fact tho oath which each
officer takes to faithfully perforin his
duty. Our public institutions should
bo conducted on business principles
and without fear, favor or favoritism
and no money should be drawn from
tlio treasury except in strict pursuance
of law. If tho courts should approve
or oven condone the conduct of the re
spondents in these cases, the influence
of tho decision will be felt in every de
partment of business in Hie stato as
tending to warrant tho sense of faith
lessness of public .ollicers and em
ployees, and in every way prove de
trimental to tho best interests of
socictj'. There are an abundance of
men in tho stato' who can, and if the
opportunity is given by their solectiou
to the offices filled by tho respondents,
will faithfully look after tho interests
of tho state; and as the respondents
havo failed in that regard, tho charges
aro well taken and should bo sustained.
I therefore vote guilty as charged. I
fear tho result of tho decision if ad
hered to will be to open the door to the
grossest frauds in the public institu
lions of the state. A number of the
witnesses for tho stato testified as if
under constraint a-d there seemed to
bo powerful inlliiences effecting some
of them aside from tho immediate
friends of tho respondents at work in
their favor. The respondents of course
are not responsible for these inlliiences,
but it is my duty to mention them."
Tho following illustrations will givo
you something of an idea of tho size of
tlio frauds tiiat had been perpetrated
by tho gang: Tho .Whitebreast Coal
it Jiimo company of Lincoln, delivered
to the Insano Asylum, m tho month of
November, 1890, 012,000 pounds of coal,
tho board for tho same mouth () K'd
bills to tho company for 1,211,000
pounds.
'For December, 1803, tho company
delivered 2,000 pounds; tho board
paid for 1,480,000 pounds.
J'or January, 1891, the company de
livered, 378,700 pounds; tho board O
K'd bills for 1,08(1,000 pounds.
For February, 1891, tho delivery was
497,300 pounds; and the board paid for
,210,000.
If all tho figures were given, It would
mako n book as largo as Websters
Dictionary.
Tho story of tho prlcosand quantity
of stone "plugged to sir.o" that went
into the cell house without uny exag
greation, would excell nnythlng that
Mark Twain or Bill Xye could reach In
their palmiest days.
It was largely duo to the same in
fluences that controlled in tho above
decisions that Xorval was so unani
mously nominated and that the cor
poration sheets in this state aro so en
thusiastic in their support of Xorval
and so bitter In their denunciations of
Maxwell. These men roallzo that no
matter what the political complexion,
tho Interest nnd integrity of tho judges
of tho various district courts may be,
that if they havo In their power and
.under their control tho supremo court
of the state it is only a question of
time required for tiling the necessary
papers until they can havo a decision,
satisfactory in all its details.
Maxwell Moro Vigorous than Fost
and Norval.
It is being urged by the railroad ro
publican press ugainst Judge Maxwell's
candidacy that ho has already drawn
850,000 in salary from the stato of Xo
braska. They cannot say that ho over
received a penny that he did not earn
and was not legally and righ fully enti
tled to. Ho served 20 years on tho
supremo bench, and as is customary tho
stato of Nebraska paid him the pre
scribed salary of $2,500 per year. Tho
state of Xebraska has more than value
received for every dollar it has paid to
Samuel Maxwell as tho following fig
urea will show:
During the 12 years that Judge Cobb
was on the bench ho drew 830,000 from
the stato and wrote 727opinlnions. This
means that each opinon written by Cobb
cost tho stato 841.2(1. Maxwell in the
last 12 yearson the bench, when accord
ing to the republican press ho must
havo been very old, wrote 1,1 13 opinions
almost twice as many as Judgo Cobb,
Maxwell's opinions for 12 years cost the
state S20.79 apico, or 820.17 less on each
opinion than thoso of Judge Cobb.
Judge Norval, during the time ho has
been on tho bench, nearly six years, has
written up to February 19, 1895 157
published opinions which havo cost the
stato as near as can be calculated
830.110 each or S9.81 moro
on each opinion thut Maxwell.
Judgo Beeso is the oniy man
that ever did anything like the work
that Maxwell did. Had Maxwell and
Beeso remained on tho bench and
another man elected that would have
dono tho work they did, thero would
never havo been any need of the pres
ent supreme court commissioners, thus
saving tho state 87,500 annually that is
paid them as salarj'. It is true that
the commissioners were appointed dur
ing Maxwell's term; but it became nec
essary bec.iuse the other judges did not
write one-half the amount of opinions
that Maxwell did as the following
figures show:
In volume 31, Xebraska Bupreme
court reports Maxwell wrote 98 of the
opinions, Xorval 43, Post 2(1. In
volume 35 Maxwell wrote 75,
Xorval 41, Post 40. In volume 30,
Maxwell 99, Xorval 35, Post 23.
Volume 37, Maxwell 27, Post 12, Nor
val 15. Volume L'S, 1893, Maxwell re
tired before tho volume was complote,
but wrote 29 opinions while Xorval, in
tho entire volume, wrote 20, Post 19,
Harrison 1. Total in two years: Max
well 299, Post, Norval and Ikirrison
combined 28 1.
Since Maxwell retired his health has
been excellent and ho is physically as
strong today as far as anyone can see
as ho was ten years ago. He has
written his most impoitaiit law book
which he has ready for the press and
has revised nearly all of his former
publications in tho last four years. It
is all pure villiilcation, this insinuation
against the judge's ago and health.
Incorruptible nnd Was Retired.
A number of republican papors of
the stato are asking why tho populists
claim tho republican party to bo cor
rupt and then turn around and nomi
nate Judge Maxwell, who they claim is
a republican, for tho oilico of judge of
tho supreme court. And it is noticed
tho paragraph is appearing simultan
eously in tho weeklies and that tho
same paragraph appeared in a certain
daily a few days before. It should bo
borno in mind that Judgo Maxwell is
of tho brand that could not bo used by
tho republican ring of tho stato and
was turned down. That ho is a man
who is not corruptible by partisan ma
chines and for this reason was retired.
Judge Maxwell can be cited as a good
man by the republican writers but ho
can not be used as a sample of republi
can honest). For his honesty and in
tegrity ho was given tho leave out; tho
claim that his ago was against him is
all bosh. Willsomoof theso republi
can editors pleiuo hold up as examples
Mosher, Dorgan, Hilton, and a few
more of that stripe? Or will they,
point with prido to Maxwell and leave
theso other samples alone V Maxwell is
a good man and the republicans of tho
state aro forced to admit that he is
such even if they do oppose his election
because lliey know ho cannot be in
duced to support political tricksters
and defaulters to tho state.- -Xorth
Hend Argus.
JUDGE MAXWELLS AGE.
IIo is Youngor Thnn Most of tbt
Gront Loodorn of tho Re
publican Parly.
IIo Is Fourteen Yours Youngor
Than Glndstono When Ho
Ruled England.
Eight Years Youngor Than Bis
marck When IIo Formed tho
Gorman Empiro.
Judgo Maxwell is either youngor or
but a year or two older than most of
the great national leaders of tho repub
lican party. Ho is two years younger
than John Sherman, fifteen years
younger than Senator Morrill and but
ono year older than Senator Hoar.
Theso tlueo great leaders havo more
influence on party management "and on
legislation than any tlirco men in the
republican pcity. If they aro not un
fitted on account of their ago fioni per
forming the duties of oiliccs requiring
much harder work, und which in every
way aio vastly moro important than ia
a supremo judgeship in tho stato of Xe
braska, how does it como that Judgo
Maxwell, who is fifteen years younger
than ono of them, two years yoi;n;er
than another, and only ono year oldoi
than tho third, Is disqualified by ago?
When tlio republican editors of Ne
braska begin to say that Senator Hoar
is In his dotage and that John Sherman
is a senile old man and ought to retire
to private life, they will have some ex
cuse for writing squibs about Judir
Maxwell's age.
The fact is that the men who ar
most aclivo and influential in guiding
tho great parties and in formulating
legislation in the United States are all
older than Judgo Maxwell, or about hia
ago. John Sherman is 72, Senator Mor
rill 85, Senator Hoar (19, Senator Frjo
04, Senator Stewart OS, Senator Jonei
05, Senator Morgan 71, Senator PugU
75, Senator Allison til, Senator Palmer
78, Senators Cameron and Quay 02,
Representative Walker of Massachu
setts, tho most' active lighter for tho
gold standard and national banks in thci
whole House, is 70, whilo Randall of the
same state is 71. Senators Harris oL"
Tennessee and Turpie of Indiana are so.
old that they are ashamed to put thoi
ages in tho Congressional directory.
Lincoln Independent.
Wm, K. Gladstone was premier of
England at 81 and Bismarclc was chan
cellor of Germany at 78; Victoria ia
queen of England at 70; Gov. Morton
of New York, who is mentioned as a
republican candidato for president, is
72. The list might be extended indetl
nitely. The last two years he was on the
bench Judge Maxwell did moro work
than both li is associates, Post and Nor
val, as shown by the official records; and
the two years ho has been oil the bench
ho has written the most important law
book of his life. Do these things Indi
cate senility?
Age is honorable; and ago and ripe
experience are needed on the bench.
Tho Nation'B Enomy.
At Washington, on February 15, 1878,
when speaking on tho silver question,
John J. lngalls, republican United
Stjites Senator from JCansas, said:
"Xo people in u great emergency ever
found a faithful ally in gold. It is tho
most cowardly of all metals. It makes
no treaty it does not break. It has no
friends it does not sooner or later be
tray. Armies and navies aro not maintained
by gold. In times of panic ond'calim
ity, shipwreck and disaster, it becomes
the agent and minister of ruin. No na
tion ever fought a great war by the aid
of gold. On tho contrary, in the crisis
of tho greatest peril, it becomes the
greatest enemy, more potent than tho
foe in tho field; but when the battle is
won and peace has been secured, gold
reappears and claims the fruits of vic
tory. In our own civil war it is doubt
ful if the gold of New York and Lon
don did not work us greater injury than
the powder and lead and iron ot the
rebels.
It was the most invinciblo enomy ot
the public credit. Gold paid no soldier
or sailor. It refused tho national ob'lf.
gations. It was worth most when our
fortunes wero tho lowest Fvery defeat
gave it increased value. It was in open
alliance with our enemies tho wo-hi
over, and all its energies were evokeii
for our destruction.
But as usual, when danger had been
averted and tho victory secured, gold
swaggers to tho front and asserts the
supiemacy. '
To show Judgu Maxwell's standing
in the east it might bo montioued that
ho lectures every year before tho law
school of tho University of Michigan a'
Ann Arbor. His law books aro stand
ard in very many of tho eastenvcol.
leges. He also lectures before tho law
department of tho university of Xe
braska. Printed by Tin: Lincoln Lii:r-r..v.
DNxr, the populist paper. Trained
newspaper men gather tho news. Leo
nomie and lierary matter by writers of
national reputation.