THE VALENTINE DEMOCRJ
VAUENTIXE , XEB.
3. M. RICE , - - - - Publish
HAMA DI
SECOND EXPLOSION IN AYREC1
. ' ED WYOMING COAL JIIXE.
Appeals for As'sistaiu
Sent to All Surrounding Towns-
Uodies of the Victims Believed 1
Jlave Been Consumed by Fire.
" ' Between fifty-five and seventy me
Jest their lives in two explosions i
coaJ mine No. I , owned by the Unic
Pacific Coal company , at Hanna , Wye
Saturday afternoon and Satiirda
night. The explosions were caused 1 :
gases and coal dust , and each w :
followed by fin- . The first occurred i
3 o'clock , when eighteen mine worker
.including a superintendent and thrt
bosses , were killed. The second explc
siqn occurred at 10:30 o'clock at nigh
ciiufilng out the lives of from forty t
Jlfty members of a rescuing party , h
'finding State Mine Inspector D.
Elie.
When the explosion occurred a ]
peals were telegraphed to all sui
rounding towns for assistance. On
train was rushed wect from Omalu
carrying oJficials of the Union Pacifi
railroad , and the Union Pocific Co :
company. -
The regular force of men employe
.at mines Xos. 2 and 3 Avere presse
into rescue work , which is extremel
*
ilifiicult and hazardous. The bodies c
the eighteen men who lost their live
in the first explosion were locate ;
"but owing to the ever increasing vol
ume of gas , which threatened to ex
plode at any moment , no effort wa
jnade to remove them to the surface.
Fire started in the colliery last Sun
day. since which time attempts at reg
ular intervals have been made to ex
tinguish it. Saturday it was deemei
unsafe to send the miners down tin
workings , and they were notified note
to report for duty. Superintenden
Briggs , with a team of picked men
the best and most experienced hand :
in the camp , went into the mine t <
light the fire , but at 2 o'clock tin
ilanies had become beyond their con
trol , and at 3 o'clock connected will
the walled off gas and a terrific explo
jsion followed.
The victims are all below the tentl :
level , and it is likely that the ilame >
Jiove consumed the corpses.
TRIED TO SEE MISS. ROOSEVELT ,
Police Seize Excited Travel
er at Railroad Station.
Just as Gen. Stephen D. Lee , ActIng -
Ing Mayor Harding and others Avere
greeting Mrs. Roosevelt and her party
upon their arrival at Vicksburg , Miss. ,
Saturday a man at the railroad sta
tion created a sensation by rushing
toward the group waiving a grip. He
ivas seized by the police and after
tern protests dragged back from
the crowd. He said his name was
George Shadid and that'he was on his
way to Greenville , Miss. The police
held him until after the departure of
Mrs. Roosevelt and her party for Xew
Orleans.
the * party are Mrs. Roosevelt ,
Ethel and Kermfl , Archie - ando
o < ? veli. Miss Land ° " , companion -
panion to Mrs. Rodsevelt , who ar
ranges the social functions at the
"White House ; Miss Hagner , private
secretary to the wife of the presi
dent ; Capt. Fitzhugh Lee , Jr. , the
president's aide , and Joseph Wilmer ,
of Virginia , a friend of the Roosevelt
family.
ENJOINS LOAN SHARK.
l Court Takes Action in a Shy
lock Case.
.Judge John C. Pollock made a tem
porary order in the federal court in
Kansas City , Kan. , Saturday , restrain
ing Patrick J. Hughes , a money lend
er , fipm garnishing the \ \ agesjf Car-
Jos Jillson , a bankrupt.
Jillson is a clerk in the general
freight office of the Atchison , Topeka
and Santa Fe Railway company , in
Topeka. Two years ago he borrowed
$22 from Hughes. Ile has paid
Hughes $40 since that time and still
owes $ Gf . according to the figures of
the money lender.
Ship and Crew Lost.
The bark Ingle-wood , recently from
Kew York , for Stockholm and arriv
ing at Mandal. Norway on the 20th ,
caught fire Sunday. She was loaded
with naphtha and subsequently blew
Tip , sinking in forty feet of" water
Thirteen of the crew were drowned.
J. P. Morgan Visits Ivin s.
King Victor Emmanuel , of Italy ,
Saturday received J. Pierpont Morgan
In private audience and conversed
with him on American affairs. The
3dng manifested keen interest in the
approaching presidential campaign in
the United States.
Sioux City Live Stock Market.
Saturday's quotations on the Sioux
City live ytcol : market follow : Top
jicevcs , S7.00. TJP hogs , $5.05.
" ' ' '
/ , \ .
BATTLE OX STREET CAR.
Congressman Shoots a Washingtc
Xegro.
In a desperate affray on a Pcnnsy
vania avenue car In AVashington. ]
C. , Friday night a negro and a whi
man were shot by Congressman Then
as J. Hefflin , of Alabama. Thorn ;
Lumby , the negro , was shot in U
head , and is in a critical condltio
and Thomas McCroary , a Xew Yor
horse trainer , is suffering from
wound in the left leg.
The shooting occurred after
o'clock as the car reached the corm
of Pennsylvania avenue and Sixt
street. Congressman Heflin accompj
nied by Congrea man Ellerbee , <
South Carolina , had boarded the tra. (
tion car at Twelfth and Pennsylvani
avenue. Upon boarding the car he ol
served two negro passengers , one f
whom was Thomas Lumby. and wh
was in the art of taking a drink froi
a bottle of whisky. There were a miir
ber of other passengers. They remoi
strated with the negro. The other nc
gro , who was sober , attempted to tak
the bottle from his friend , but failec
It is said that Lumby became offensiv
at Mr. Helllin's remonstrances and aj
plied vile epithets. As the car reache
Sixth street and Pennsylvania avenu
the negroes were engaged ina despei
ate struggle. Mr. Hellin. who is a largi
poweiful man , succeeded in throwin
Lumby off the car as it came to a stoi
Most of the occupants of the ca
alighted also. The negro arose , and i
is said began cursing Mr. Hefiin , an
made a motion toward his hip pockc
as if to draw a gun. whereupon M :
Hefiin fired upon him through the ca
window , missing him and hittin
Thomas McCreary , who was abou
twenty feet from the car. Mr. Hefii
fired once or twice again , one of th
( Shots striking Lumby in the hea
! above the ear. Lumby ran a shoi
distance and fell. An ambulance wa
called and he was taken to the emer
gency hospital. The conductor dis
appeared and Officer Scriven tool
charge of the car and ran it to Thin
and Pennsylvania avenue. There Mi
Heflin was escorted by Officer Scrivei
to the Capital hotel and was later tak
en to the police station in a cab. Me
Creary's wound is not serious , and af
ter treatment he returned to his apart
ments.
SAVES FIVE FROM FLAMES.
Woman Risks Her Own Life to Sav <
Children Is Severely Burned.
Two trips by a brave woman into f
burning fiat house in Borough park
? s'ew York , Thursday night resulted ii
the rescue of five children , who , un
conscious of their danger , were play
ing happily in rooms as yet untoucheii
by flames.
The rescuer was a stranger , Mrs
Lilla Raymond , \\ho was passing the
house when the fire started , rang in
an alarm , and then ran back to the
house. She burst in the fr.ont door
and dashed upstairs , finding Mrs. Jo
seph Lock , whom she led through the
smoke to the street.
Mrs. Raymond ran back into the
house , up to the second floor , and car
ried two of Mrs. Lock's little ones , the
oldest boy following her , and then re
peated the trip for two little play
mates of the Lock children , who were
with them when the fire broke out.
The last two were half suffocated when
she reached them , and the dress of the
younger was ablaze. Tearing it off.
Mrs. Raymond got both children in
tier arms and made for the stairway
igain. This time it was entirely ablaze.
iut she dashed down and reached the
street just as the stairway fell. Her
'ace and hands were badly burned , "but "
she refused medical attention and went
lome.
FOR B7fi BANK SWIXDLE.
Former Employes Accused of Misap
plying Over $1,000,000.
Thet third charge against Henry Rio-
> er , paying teller , and John Young ,
Luditor of the Farmers Deposit Na-
ional bank , of Pittsburg , Pa. , was
nade shortly after noon Friday by
3ank Examiner Folds. The former
imployes , who are in jail , are'charged
vith misapplying funds of the bank
.mounting to $1,105,000.
According to a persistent rumor in-
Hctmonts against many business men
if this city and other cities are to
e returned within a short time.
Orchard Asks Xo Clemency.
Harry Orchard , the confessed mur-
erer of Gov. Steunenberg , has , it is
aid refused to apply to the board of
ardons for remission of the death
jntenco. His attorney will see that
le application is made. " as the law
oes not require personal application
: * om the condemned.
Thieves get Panic-Hid $5.000.
Fearing a panic a few months ago ,
. W. Corrlngton. an aged resident of
acksonville. 111. , drew from his bank-
rs 55,0,00 in gold and hid it at his
ome. On arising Friday he found
lat thieves had taken his horse and
uggy and the $5,000.
Refugees Leave Hayti.
The German cruiser Bremen left
ort au Prince , Hayti , Friday for
ingston , Jamaica , carrying seventy-
ie revolutionary refugees who had
ken asylum at the French and Ger-
an legations.
Rev. Charles Sims Dead. .
Rev. Dr. Charles N. Sims , former
ianccl2or < .f fyjacuse. ; N. Y. . univer-
ty , died Friday Jit Jtij home at Lib-
ty , Ind.
\
JEROME FACES TRIAti.
Bribe Taker First Witness Again
Prosecutor.
William II. Tillinghast , of Xc
York , the self-confessed bribe-lakir
juror in the interests of the Metropol
tan Street Railway company , was tl
chief witness at the hearing whic
was begun Thursday In Xew York c
the charges preferred with the go1
ernor against District Attorney Ji
rome. The charges of neglect of clul
were made by -ommittee of stocl
holders of the Metropolitan Strei
Railway headed V y William P. Kim
The proceedings > vero before forme
Chief Justice Andrews , of the court <
appeals , who wa appointed by Go'
Hughes to take * * idence against th
accused official.
Franklin Pierce appeared as cour
sel for the complaining committee an
Air. Jerome conducted his own dc
fense.
The first of the twenty-odd allegr
tions taken up was that accusing M :
Jerome of neglect in the prosecutio
of the Tillinghast and other cases c
alleged bribeiy by the Metropolita
.Street Railway company in 1900-190 :
in personal injury cases in the , cit
courts and other cases in the suprem
court.
"Mr. Jerome has misapprehende
the charges which we make , " said Mi
Pierce in .his opening address , "be
cause he has set up the answer tha
he could not have been convicted be
cause the evidence was insufficiem
The charge is that he procured evi
dence which at one time could hav
secured conviction : that this evidenc
was put to ono side : that when Til
ling-hast went to Justice Seabury h
was at once arrested and sent to th
island.
"BUTTON 31 AX" IS DEAD.
Me\or Bimhcrg. of Xcw York , Die
Very Suddenly.
Meyer R. Bimberg , of New York
known widely as "Bim , the buttoi
man , " was found dead in bed Wednes
day night. A week ago Mr , Bimberi
contracted a cold , which developer
into tonsilitis. A physician looked af
ter him and the patient was believe <
to be rapidly recovering. An hour o
two before ho was found dead he hue
sprayed his throat and settled himsel
in bed for a nap. Ho was born ii
Xew York 4G years ago , and is sur
vived by a widow and daughter of 1- ;
years. In recent years Mr. Bimberg
built six theaters and for three yean
managed the Yorkville theater/but ii
was as the manufacturer of campaign
buttons that he was known outside oj
\ew York.
CHINESE CATHOLIC PRIEST.
leather Chang. Who Wears a Queue ,
Arrives in Xcw York.
The Rev. Peter Chang , said to be
.he first Chinese Catholic priest to vis-
t this country , has arrived in Xew
fork. IF was accompanied by Bish-
> p August Henninghus. of the diocese
) f South Shantung. China. The bishop
vent to China as a missionary twenty-
> ne years ago. In a short time he had
L congregation of 125 converts , but he
: ays that there are now more than SO-
10 converts in his diocese.
Father Chang is 27 years old. He
rears a queue. He speaks German
Cuontly. but does not know a word of
English. Next Sunday morning he will
elebrate mass in the church of Our
-ady of Grace in Hoboken.
MONTANA RAXGE FOR BISOX.
American Species to Be Preserved on
Indian Reservation.
Announcement has been made by
> r. William T. Hornaday , of Xew
"ork. president of the American Bison
r > ciety , of the completion of plans for
lie .preservation of American bison on
permanent national bison range of
2,800 acres in extent , on the Flat-
ead Indian reservation in northwest-
rn Montana. Dr. Hornaday said he
ad been authorized by the society of
hich he is president to give the fed-
ral government a herd of twenty
5son.
$100.000 Fire-at Wichita.
Fire originating in the Miltner Ele-
ator company's building threatened
10 entire wholesale district north of
'ouglas ' avenue at Wichita , Kan. ,
hursday. The flames spread to the ad-
) ining lumber yard of the Western
laning mill and consumed half the
intents. The east side of one block-
as devastated.
Funeral of Senator Bryan.
The funeral of United States Sena-
> r William J. Bryan took place Wed-
; sday afternoon at Jacksonville , Fla.
romptly at 2 o'clock every store in
ic > . city closed its doors and proprio-
irs and clerks assembled about the
mreh. Never in the history of Jack-
mville have so many people gathered
. a single funeral.
Brewery Workers Still Out.
Because the brewery owners of St.
auis remain firm in their decision to
tain the men employed by them to
> erate their plants after the walk-
it of 15,500 unionmen two weeks ago ,
1 negotiations between the owners
id the strikers have been declared
r. ,
Southern Pacific Closes Shops ,
The Southern Pacific and Texas
'ntral shops at Houston. Tex. , shut
iwiiWednesday afternoon. Over 2.-
0 men were thrown out of work.
Tobneco Warehouse Burns.
The leaf tobacco warehouse of Ham-
on 1 Co. , of Covinuton. Ky. . was de-
ryod by lire early Thursday , en-
! Irjr a Ices of $130,000.
Nebraska
i State News
> * < i'i ' I S i I i i I ii < i i § |
SOUTH DAKOTA HAS A RIVAL.
Xebraska a Close Competitor for I
voree Colonies.
With a continuation for eighte
years of the records of the diver
courts and marriage license bureau
Omaha for the past eight days , the ci
will be without a single married co
pie , in the event of all the divorce pei
tions being granted.
From March 1G to ALarch 24 , 28 c
vorce petitions were filed and 21 ma
riage licenses issued , showing the u
happy couples to have a clear adva
tage of 33 1-3 per cent over those e
tering connubial ventures.
This remarkable condition , said 01
of the district judges , is the result
Xebraska laws which make it ea :
to secure a divorce. "Talk about Sou
Dakota , " remarked the judge , "wl
that state does not even present
strong case of competition. I ha1
been thinking seriously of asking othi
members of the court to , join me
suppressing the number of divorc
granted. Two or three of the cou
rooms are crowded half the time wil
people waiting to testify in divorc
case. The record for the past eigl
days is plain evidence that our lav
should be amended in a manner whic
will prevent them putting a premiui
on divorces. "
This criticism was brought about lj
the application for a marriage licen <
by Joseph Tapley and Miss Ida Hov
ard , of Moorhead. la. , Tapley havin
been granted a divorce five days ago.
The district judges of Omaha hav
been trying , for throe years to stop tli
wholesale divorce business in Oman ;
but admit that they have been discoui
aged largely by an influx of person
from surrounding states , especiall
Iowa. Minnesota and Kansas , who ef
tablish a six months' residence and a
once begin their suit for a decree.
The police records show that nearl
fifty suicides have resulted from th
ranks of transients who have come t
the city within the past year to sue fo
divorce.
BECOMES TOO ELOQUENT.
"Freight Agent Mnnrnc Causes Hi
Own Undoing.
General Freight Agenf Munroe , o
the Union Pacific , was the victim o
his own eloquence at the open forur
session of the railroad commission
The hearing was for the purpose o
finding out whether Nebraska ought t >
follow Iowa's example and adopt th
distance tariff. Representative of al
of the railroads and all of the Nebras
ka towns having jobbing rates wen
present to protest against any disturb
ance of the present rates.
Mr. Munroe makes an imposing fig
lire and his oratory is of the judicial
impressive type. He said that he fel
sure the people were not interested ii
lower freight rates , because , life th *
protective tariff , the manufacturer m
jobber usually took the money foi
himself , but that they were interestet
in better depots and better service. t\
change in rates would benefit nobody ,
and destroy some industrials. Then
he tripped. He said :
"Take the city of Omaha. Three oi
tier greatest industries , the smelting
plant , the South Omaha stock yards
ind packing establishments , and the
Omaha Grain exchange are examples
jf industries built up by favored rail-
oad rates. "
Some of the other railroad men tried
: o give him the wig-wag to indicate he
ivas making the wrong speech , but he
vept on.
"The truth is there is not one rate
hat isburdensome upon any industry
n Nebraska , and I do not know of a
ilngle one that is higher than the traf-
ic will properly bear. "
DIDN'T LIKE TESTIMONY.
Utorney Kelby Disputes Testimony of
Expert in Lawsuit.
"Mere slush and fiddlesticks. " is the
ray General Attorney Kelby. of the
Jurlington. refers to the testimony of
5rof. T. L. Bolton , a psychological
xpert from the state university , in a
xwsuit recently decided by the su-
ireme court against the railroad and
n favor of Emil Schwanenfeldt. of
ancoln.
Schwanenfeldt was run down and
iadly hurt by a train just after he
ad driven onto a switch track from a
lind alley. He claimed hevdid not
ave time to get out of the way. The
sychological expert testified that it
akes from one-eight to one-half a soc-
nd by those possessing quick mental
ction. while an unexpected one re-
uires much longer. The gist of it was
iiat the plaintiff , being a young Ger-
lan. probably did not have time to
ct before the train was upon him. and
no supreme court gave him the bene-
t of the doubt and sustained a $3.000
erdict in his favor.
Now comes Kelby and want * * a re-
earing. In a 24-piige brief filed re-
ently. ho p'okes all kinds of fun at the
rofessional theory , and incidentally
rotects against being psychologically
sparated from $3.000 upon a class of
istimony that is theoretical and not
jcognized in law as being conclusive
f anything. He insists as a conclu-
on that "It is only charitable to say
C this kind of clap-trap that it was
itended as an indictment of the de-
? ndant for some wrong committed by
in a past incarnation. "
Superintendent of Masonic Home.
Dr. J. A. Haggard , of Nebraska
ity. has been appointed superintend-
it of the Masonic home at Platts-
louth and his wife has been appoint-
1 matron. They will leave the first
! the month to take charge of their
ew duties. They have been residents
[ Nebraska City for many years.
Bursting of Emery Wheel Kills.
John Fleishman , aged 25 years , was
illed Friday by the bursting of an
nery wheel on his father's farm eigh-
en miles northwest of Broken Bow.
EX-GOV. HOLCOMB RETURXS.
Expects to Make Ills Home in Brok
Bow Again.
It has been learned at Broken B <
that Silas A. ITolcomb. twice govern
and once supreme court judge of N
braska , who has been making 1
home in Seattle for the last two yea
will return to Nebraska and make I
home again in Broken Bou. Prior
his election as governor in 1894 he r
sided there. After serving two ten
in the gubernatorial office he relir
to the practice of law. remaining
Lincoln. A year later , in 1899 , he w
elected to the supreme bench. On lea
ing that body in January , 1905 , 1
went to Seattle , primarily on accou
of his health , as he was severely a
fiicted with rheumatism. The clima
has benefited him to some extent , b
he has not entirely recovered. N
braska has continued to be his prefe
ence for a home and he still owi
property at Broken Bow. He sold o
his Interest in Lincoln at the time
leaving and has lately disposed of h
holdings at Seattle.
NORTH PLATTE'S MAVOR IIEL1
Anti-Saloon League Find * Whisky i
His Store and Will Prosecute.
Monday night the Anti-Saloo
league caused arrests K > be made <
Dr. Nicholas MeCabe , mayor of Nort
Platte. and Josephine Owens , proprn
tor of a house of ill repute. Complaii
was a ! o filed against Lizzie Gaunt fc
running a house of this charade
Premises of the three places wet
searched and considerable liquor we
taken from the mayor' < drugstore. .
case of beer was also secured at th
place of Lizzie Gaunt , but she herse
had Mown. The largest amount wa
secured at Mayor McCabe's drug stor <
where a barrel , several kegs , jugs an
bottles moie or less filled with liquo
of different kinds were secured. Mayo
MeCabe is charged on eight count
with selling liquor without a license
The other parties are charged wit
selling liquor and running houses o
prostitution.
STORES FOR ROAD WORKERS.
r
Burlington Employes in Xebraska Wil
1 * > < ttihii.-h Co-Operative Concerns.
Burlington railroad employe" , mem
bers of unions , will establish a chah
of co-operative stores , embracing th
entire system in Nebraska , and if th
plan proves- success it will be extend
Announcement of the plan wa
made by a committee having the mat
ter in vharge. The first store will b <
opened in Lincoln , and that place wil
be opened in Lincoln , an
be the distributing point for the state
As soon as possible stores will be open
ed at Wymore. Alliance , McCook
Havelock and Omaha. According t (
a member of the committee the stock :
\\ill consist f everything the family 01
i railroad man eat' * or wears.
PRAIRIE I-'IKE IX SAND HILLS.
Depot at IlaNey is Aliped by Fiftj
I-'e-t and Oiinninji in Danger.
For : i short time Saturday Halsey
was in danger of being \\iped out by ; i
tierce prairie lire that devastated the
i-ountiy northeast and which wa *
'orced forward by a high uind.
By quick work on the part of the
.Mtizens in plowing fire guards and a
ilight change in the direction of the
, vind. the day was saved , but not until
he Hames had come within fifty feet of
: he depot buildings , goingon east.
Elopers Beg Forgiveness * .
The two young couples who eloped
rom Alda about a week ago have
eon located. They are near Cheyenn ,
Vyo. Mr. and Mrs. Calnon. the pa-
ents of one of the young girls , have
.Iso received a letter from their
laughter signing herself Carrie Will-
ims. It is expected that the young
ieople will return and that the best
lossiblo will be made out of th * mat-
'
Fatal Fire in Omaha.
In a fire which destroyed John B e-
ers' boarding house in East Omaha ,
ames Frost , an old man employed at
he East Omaha wagon works , lost
is life and seven other boarders nar-
owly escaped. Frost , with others ,
a in the second story. The flames
uickly enveloped the frame structure ,
'rost evidently was overcome and suf-
icated. His badly charted body was
after the fire.
Call Election to Build School.
The commissioners of Brown county
let Saturday at Alnsworth and acted
n a petition signed by the necessary
eoholclers empowering them to call
special election to give the voters a
tiance to say whether the commis-
oners shall be empowered to build a
> unty hiyh school. The date of
on is set for June 2.
Not Hurt by the Flurry.
Nebraska banks have emerged from
le panic sounder than ev r. So de-
are" Seeretaiy K. Royse. of the state
inking board , in the monthly report
sued' Tuesday. There has been an
icrease of 3 per cent in the legal re-
: r\e and a decrease of $47,000.000 in
ills pay.'lble.
Two Girls Burn to Death.
After making desperate efforts to
scue her two daughters from a
jrning barn Mrs. A. Hoff. wife of a
.rmer living near Shickley , was com-
? led ! to listen to their agonized
ireams as they were burned to death ,
he two girls attempted to light the
irriage lamps. It i supposed that one
! the lamps exploded.
Bankers to Meet at Hastings.
Group No. 4 of tbe Nebraska Bank
's' association will hold its third suc-
jssive meeting in Hastings on May
Announcement of the time and J
ace for the meeting has been made
- President Carson Ilildreth , of
ranklin.
Rapid Advance in Land Values.
Omar Coon ha sold his 110-acre
rm nez r Pl-'ttsmeuth to Cr-orge
oh.man for I44.i fi per OTP , which
ows how rapidly iar. l i advancirg
value in CULS County.
/
f
The state board of jublic lands and-
buildings will shortly advertise for
bids for labor at the state penitentiary
and it is a safe guess to make that the
Lee Broom & Duster company will
not be able to close another contract
with the state for convicts at 50 centa ;
per day each. Already several let
ters have been received from Interest
ed parties for information regarding
the contract now in force and the
board expects to receive several bids. .
In addition to getting convicts at 50 *
cents a day to make brooms , the Leo
company is also furnished power and
heat and considerable machinery ha&-
been bought by the state in order to-
furnish this power and heat which *
otherwise- would not have been neces
sary. The state does not compel the
company to stamp its products "peni
tentiary made goods , " consequently
it can compete with any other concern.
which is not favored by cheap labor.
Xebraska manufacturers have writ
ten the board that they pay from $2r
to $3 a day for broom makers and
they are compelled to furnish their
own heat and power , which makes it
almost impossible to compete with the
firm having the contract with the
state.
* * *
The supreme court has denied the
application of the Union Pacific rail
road for a writ mandamus to compel
'
pel the .state board of assessment to
reconvene and make a record of ob
jections and a findingof fact. The-
court held that mandamus would not
lie to compel the board to make a. re
cord or a finding of fact not required
by law.
The opinion holds that the state-
board of assessment in valuing prop
erty for taxation in a quasi-judiciali
capacity and its action is not subject
to collateral attack , except on grounds *
of fraud or other wrongful conduct
equivalent thereto or for the exercise-
of power not conferred by law. The-
Union Pacific filed a petition for man
damus to compel the board to make
a record showing just how it reachetB
the value of its property.
* * *
The state railway commission hasr
granted permission for a telephone-
company at Battle Creek , to make '
rate of S13 per year to farmers and1
business men in place of the $18 rate ,
If the users Avill pay in advance 56. 5d-
twice a year. If the users pay by the
month they can get telephones for Sl f"
a year. The commission figures it is *
not violating the principle it laid down *
when it refused to allow telephone-
companies to sell $ ! ' _ ' ( ) coupon books-
for $100. When this question came-
up the commission held this was dis
crimination because not many people-
could afford to buy the euupon booksl
The commission figures most anyone-
can pay the $6.50 in advance.
* f >
The Humbolt Telephone company-
has asked permission of the railroadf
commission to increase its rates to-
farmers who built their own metallic-
'ines from 75c to $1.25 per month.
This is the price paid by others who
use the wires put up by 'the company.
The commission concluded to allow
the company to make the increase-
providing the users dirt not come in ?
by April 1 and show good cause why
the order should not be issued.
V * *
To the complaint again = t a Burling-
l.on stock yards at Kenesawn. the Bur
ington has filed answer with the state-
-ailway commission. General Solicit-
) r Kelby in his answer said the matter-
lid not come within th" jurisdiction ?
) f the commission , buj the proper-
jrocedure would be for the petitioner
: o appeal to . .ne local authorities , and.
f the stock yards is a nuisance the lo-
: al authorities have jurisdiction to
emedy the evil.
'
* * *
The railway commission , after con
sidering a complaint of creamery com-
> anies has decided to issue an order
equiring all transportation companies--
o give bills of lading or receipts for
.11 goods offered for shipment , the re-
eipts to be given on demand of ther
ipper. The order , when issued , wilE.
pply to "empties" as well as other-
onsignments.
*
The judgment of the district court
f Richardson county , Compelling the-
lissouri Pacific company to build a--
ransfer switch to the property of the-
'armers Elevator company , at Straus-
ille , is affrmed by a decision written-
y Commissioner DuHie.
*
John G. Hamblin of Grand Island
entenced to be hanged for the murder
f Rachel Engle , will not be executed.-
'he ' supreme court has commuted the-
sntence to life imprisonment at hard
ibor and recommended that he beet -
ot released from confinement.
* a
A number of citi'/ens of Crete have-
etitioned the state lailway commis-
on to compel the" Burlington railroads
) put back the operator in the depot
lere. The telegraph office at Crete.-
as just recntly closed.
*
Christiana Henry of South Omaha , .
ins" her case against the Omaha-
acking company for damages for in-
iries , the supreme court having af
rmed the decision of the lower court-
The state railway commission
rdered the Linwood telephone corn-
any to charge ' the owners of the
roperty the same price for telephones-
5 the general public pays.
* * *
Marion Morris of Omaha has been
istructed by Insurance Deputy Pierce
> stop soliciting business for the
idgely Protective association of Wor-
jster , Mass. , , because the company
as no license to do business in this
ate.
* * *
The supreme court has quieted title
the Joseph ? . Bartley homestead in
olt county in Hugh A. Allen. In
to same fle > MFi'n it holds that the sale
' a h mestcad untlpr nn unlinary ox-
: ulion during the temporary absence
' . the owner L ; vt-Id.