The Norfolk weekly news-journal. (Norfolk, Neb.) 1900-19??, March 22, 1907, Page 4, Image 4
THE NORFOLK WEEKLY NEWS-JOURNAL : FRIDAY , MARCH 22 , 1907. The Norfolk Weekly News-Journal The NOWH. ICBlnbllnbud , 1881. The Jounml , KMnhllNhnit , 1877. THE MJSE ! PMDLISHING COMPANY W. N. IHiMit . N. A. Kvory Kil'l'iyHy ' mull IHT y nr , M.&IV Knloroil at Ilio tmnloilli'a lit Norfolk , Nol ) , , nM _ Koeniul Toloithnntift : Killtorliil DuimrtnionU No. Zi. nimliiCHM Ollloo anil Joti lluotnn , No. 11 22. _ Northwestern NobrnHha would pro- lit very much In a llnuncliil way by the oiwctiwnt of a legislative measure which IIIIH boon Introduced by Sena- lor Uaiulnll. The bill provides thai ouch county Hball take euro of Its own schools anil ( bat I bo present plan of assessing iHH'ordlng to tbo value . of property In county anil tlii'ii allowIng - , Ing tbo Htato to apportion all fuuilH according to the nninbor of school children , Bbalt bo ilono away with. Tbo bill would save Senator Randall's 'district aitiuially In dollars and cents nH followH : Stanton , $ ! )82.G7 ) ; Pierce , ' f 1 11.27 ; Madison , $ r > : tfi.G(5 ( , Wayne , ' 'jl.fiOO.SO. Tbo total saved for tbe e four counties alone would bo fH.WO.IO. CONFERENCE WAS A I-T///M3. Tbo conference which bad boon planned between railroad preBldenta mid tbo president of tbo United States with regard to tbo railway situation , came In a little tblrty-llvo minute be tween Mr. Roosevelt and Mr. Mellon , president of tbo Now York , Now Ha ven and Hartford railroad. It result ed In nothing new excepting the state ment thai something dollnlto from the white bouso may bo expected within the next few months , since the presi dent Is to make four speeches between now and tbo llrst of Juno. Noltbei the president nor Mr. Mellon consent ed to discuss their Interview. It Is apparent that Mr. Hoosc-volt took the Interview more as n chanc'o | tu quiz the callers regarding the railroad - road situation than an opportunity to seek out means of relieving the rail way men's anxiety over present con ditions. "When bo has made up his mind niul Is ready to toll the public Just what his attitude Is on particular ques tions and speclllcally on the railroad Issue , ho will do so. " This Is the re assuring message from Washington. And so , until ho Is ready , wo shall have to wait for a dollnlto Idea on the railway matter. VALUE OF PUBLICITY. One of the marked results of the present political and Industrial situ ntlon , has been tbo Increased willing ness and even desire of many llnan clcrs and railway heads to discuss questions of the day for publication It Is a striking sign of the Increasing appreciation of the modern newspaper ns a means pf getting facts before the people which will have weight will them in forming their opinions. For years men like Mr. Harrlmai fled from newspaper representatives Today they lire searching for reporters who will take their statements. The > have come to appreciate the value o : the press In carrying messages to the public which will have a bearing upon their views. President Roosevelt has built up much of his fame by the studied use of newspaper publicity. The wondei Is that many railway men who are Jusi now beginning to give their sides o questions to the public through tat public prints , had not discovered the value of this sort of thing before now Indeed these public men might wel take a lesson from many of the bust ness Institutions of the country whlcl have built up with newspaper publl city as their promoting agencies Many a soda cracker has brought mill Ions to Its makers as a result of news paper publicity judiciously and sclent ! flcally used. Generalizations won't got results Railway men and presidents , as wel ns makers of baking powder , mus glvo hard , sound , convincing facts am arguments If they are to carry weigh with the public. Hut whore these de tailed and logical arguments arc given the world Is won , providing the argu ments be based on Justice and right This awakening to the value of newspaper publicity Is Just beginning Merchants have to a certain exten recognized the power of the press li carrying convincing store messages and arguments for years. They are coming more and' more to know the effect. They are coming more ant more to know that sound arguments properly set forth , will carry weight and get results. The true worth of publicity as a means of reaching the public is get .v ting recognition It never got before. ONE TENDENCY. The attitude of the administration and of many of the great thinking men of the nation today with regard to the need of greater federal control carries with It , as a side and Inseparable rablo doctrine , the view that United States senators ought not to bo elect ed by a direct vote. The Idea of the fathers who built the constitution was that members of II the tipper house of the national con gress ought to bo far enough removed rom ft direct vote to be protected roiu momentary prejudices and from infnlr popular Keittlment which might spring up mid wlpo out really able mil efficient statesmen from the sen ile , It Is admitted on many sides today hat stale legislatures have gone to a severe extreme In much of th lr In- liislrlal legislation. They have ex ceeded the most drastic work of an energetic congress under the giild- nice of the president. The fact that nany hundreds of bills Introduced at t session should all attack In one , vny mid another the same Industries , shows that there has been an exces sive desire to venture Into radical paths. In the heat of the excitement no ompanylng this desire to attack , no man , however capable , could be elect ed to the United States senate by a direct vote who bad not Jumped to tbo crest of popular sentiment wave for his ride Into olllco , A sterling statesman , differing In his views from the extreme position taken by the gen eral public , no matter how conscien tious nor how well founded on sound political economy , would stay at homo If a direct vote , cast at the moment , wore to decide. Calmer Judgment , a year afterward , would bring conviction that a really worthy representative had been tossed aside. * A positive stand , taken In the sen * ate , which did not chance to coincide with the Idea held by the majority at homo at the moment , thought It might ho the wise position , would cost a toga. More deliberate Judgment , how ever , on the part of a fewer men who could got closer together In discussing the situation and who could more tru ly analyze because of longer period for consideration and Investigation , might show that the statesman In question bad earned his re-election by the very attitude which , put to popu lar vote on the Instant , would mean his cruclllxlon. The Idea that federal control Is more conservative and more reason able than state regulation , subject to bias and bitter prejudice , Is a twin brother to the doctrine which our fore fathers uphold when they voted to allow the congressional lower house representatives to bo elected by di rect vote , In order to get local color , but to remove the senatorial toga from punishment for deeds done conscien tiously and with judicious soundness which , though It might be momentar ily misconstrued and thus cost a scat , would prove In the long run to bo logical and right. THE CITY TICKET. Mr. Sturgeon from now on will bo at home all of the time. In the past ho has been out on the road much of the time but from now on his business will keep him in Norfolk , so that ho could attend to the duties of the may or at all times. Mr. Sturgeon has been In business In Norfolk fin- nineteen years. Ho has been one of the pioneer neer business men to build up this city. Always a booster , ho has pushed ahead and helped to make Norfolk known In the northwest. He has never nm for an olllce In his life. Ho takes the nomination with no strings fit- Inched. Ho promises to do his best to give the city a good administration. His friends have confidence in his promise and believe ho will be Nor folk's next mayor. Chris Anderson , nominee for city clerk , Is a Norfolk young man. He has grown up in this city. Despite his protest he was made the nominee , be cause ho was recognized ns a young business man of ability. Ho has a very largo circle of friends and ho will bo elected. The republicans , hav ing defaulted in this oftlco last year , are entitled to it this spring. Mr. An derson Is a fit candidate in every way , clean-lived , honorable and painstak ing. Ho will make an excellent city clerk , reliable In every way and nn honor to the olllce. , Mr. Ktesau was nominated for city treasurer by acclamation. Conversant with city business as a result of past terms In the council , ho was selected by the convention as a proper candi date for this Important ofllce. A care ful and conservative business man , his qualification for the place will appeal to the voters with force. For police Judge , Mr. Elseloy was n worthy nominee. An old pioneer In Norfolk , who has done much to bulk ] the city Into Us present prosperity , ho Is now entitled to this compliment at the hands of his neighbors. Ho has served well In the capacity of Justice of the peace , and Is lilted for the po sition of police Judge. At this time , with the serious prob lem of rebuilding Norfolk's high school structure which was last Sunday de stroyed by fire , the Interests of the school district and the city require keenest interest In the management of the affairs placed In the hands of the board of education. With particular attention to this emergency demand , the republican city convention select ed Its candidates for the board of edu cation election. This Is one of the positions which has no Inducement to offer , but It Is roallml that It is n duty for able unit to accept tbo place and that the olllce should bo passed around In order that the burden be not bunched. Two attorneys nnd a keen business man Messrs. Tyler. Hazen and Parish were nominated and their fitness for the board of edu cation Is well known by Norfolk pee ple. ple.For For tbo city council four good men were named. Messrs. ( larvln , W. H. Bridge , James l/ > ugh and Pat Dolan , are representative business men and their neighbors know that they would glvo Norfolk efficient service In a po sition which has little to attract candl- bites excepting public duty. No word of attack can be offered igalnst the standing of the entire tick et In the community. Its best effort it a good administration In all branch es Is Its platform , SAYS STATICS 13X013131) RIGHTS. On a trip from Norfolk to Honestcel loday , a passenger may pay three cent per mile or two cents per mile. Ily purchasing a through tlckcl ho will pay three cents per mile. By pur chasing a ticket to Anoka and then , after that , paying cash faro to the conductor Into Honesteel , ho may get a ride from Norfolk to Anoka at the rate of two cents per mile. It IB said that the conductors lose their tempers over the tangle. Hut a report from Washington Indicates that the tangle will bo unravelled before long by no less a personage than President Reese velt. Ho holds to the opinion that Nebraska has violated the national rate law , passed last winter , by legis lating In such a way as to create a dis crimination. Ho believes that Nev braska legislators have created a con dition unfair to South Dakota people when they passed a law allowing a passenger In Nebraska to ride for less money than he can ride in South Da kota. kota.As As a result of this law passed In Nebraska , and others like it In other states , the president will , It Is said , start a suit against railroads for dis criminating by allowing people am ] freight to rldo In one state cheaper than In another. Tbo railroads will answer that they are obeying state laws. Then the clash will come be tween state nnd federal power , and President Roosevelt believes that the national government will win. President Roosclvclt , It Is said , be lieves that the state legislatures , ' in their onslaught against railway cor porations , have demonstrated their In ability to deal with the question. He believes they have exceeded their constitutional authority. Ho believes ho will win his point and that as a result commerce , . Interstate and Intra state , will be regulated by the fedora government. State lines , he thinks will bo wiped out so far ns commerce Is concerned. Mr. Stlcknoy already has a case li the supreme court , which will prob ably bo reached next fall , touchlnp this question of power as betweer state and federal government. Bu the president , It Is said , plans tc hasten a decision. Mr. Roosevelt Is reported to fee certain that the courts will susttaln his contention that the federal govern in en t has exclusive control over nil traffic matters , whether Interstate ot Intrastate , because of a decision b > Chief Justice Marshall early In the last century In the case of Ogden vs Gibbons. In that cnso the supreme court held that a steamboat plying be tween New York city and Albany was engaged In Interstate business , not withstanding It did not go outside the waters of New York state. President Roosevelt Is said to agree absolutely with Mr. Stlckney of the Chicago Great Western , and other rail way presidents , that various states have no right to legislate regarding traffic affairs. The president believes , It Is re ported , that such laws ns have been passed In Nebraska and other states regulating traffic are null nnd void and will be held unconstitutional b > the courts. It Is also reported that the prcsl dent , with Mr. Harrlman , believes that the portion of the Sherman anti trust act relating to railroads must be repealed so as to allow roads' to pool In order that there may not bo discriminations. A Washington report says that this action of the president , toward testing the federal power , has dome from the fact that leglslaures In Illinois , Ne braska and other states have run wild on the railway problem during the past winter. It Is announced that a message an nouncing these views of the presi dent may bo expected soon. It Is also said that the railway presidents may decide , afetr all , not to confer with the president because the country has , In a general way , looked upon their outline visit as an appeal on their knees when they Intended it merely ns a conference at which they could discuss the situation now so para mount. THE SCHOOL BONDS. There Is a pretty definitely outlined protest growing in Norfolk against any plan for the now school building , to replace that destroyed by fire , which lees not contemplate the use of walls mil foundation ns they still stand. If the $21,000 bonds asked for by the Minrtl of education are to bo carried it the coming election , the public mist first have assurance that these walls and the foundation will bo used is they stand. Men In a position to enow , claim that the walls and founda tion can bo used without first being torn down. As yet no definite action ms been taken by the board of educa tion us to the plans of the new build * ng which must be erected. It WOH In- 'ormally suggested , however , at the neotlng held after the flro , that a smaller nnd differently planned struc ture , for the use of high school sin- lontH alone , would bo more practica ble than to rebuild the old structure just as It stood. It" was stated that the Interior arrangement of the old building had been demonstrated to bo unsatisfactory In several respects and that it Is more satisfactory to have the high school In a building by Itself. The plan , as then Informally outlined , was to add to other buildings in the city the rooms that would be required to take acre of grades lower than Ilio high school which formerly occupied rooms in that building. It ( may bo ) pointed out in opposi tion to this theory , however , that the walls and foundation as they stand today nro worth , If the building Is re placed with the same foundation and walls , at least $10,000. It Is urged further that to tear down the walls will not only cost their value as they now stand but will make ad ditional expense , since the pressed brick would have to be carefully han dled and cleaned. There are several fundamental rea sons why the high school should be rebuilt so as to use the walls and foundation as they stand. In the first place , the former high , school struc ture In point of architecture was as pretty a shaped building as there was in the state. It was well built and the stone foundation Is said to have cost $7,000 or $8,000. Two of the walls that are standing are In almost per fect condition , the pressed brick work being of a superior quality. It would seem that If the property belonged to a private Individual and these children were his wards and these taxes his to pay , there would be little question but that ho would re build the high school exactly as it was before , unless experience has shown that Interior arrangements are wrong , In which case changes cjin bemade without changing the outside walls. No doubt the new building should have steam beat instead of the Sin cad system and as the sewer system will boon bo near enough to this .building to connect with , there will be no ne cessity of rebuilding the dry closet system. This will glvo considerable additional room In the basement which can be used for manual training 01 for any other purpose that It would bo suitable for. It would be a very serious matter a ! this time to hav'o the school bonds defeated as there Is barely enough time to complete the building for next fall , but from public opinion expressed about the city it seems doubtful If the bonds carry unless the old walls and foundation are to be used ns they stand. It Is stated that to replace the build ing as It stood would cost $40,000. There Is $15,000 Insurance , the bonds will mean $24,000 and the salvage In the walls and foundation , If used as now standing , will amount , it Is " claimed , to $ 10,000. This would make a total of $49,000. The loss on furni ture , books , etc. , amounted to $8,000 , To replaces the building and the equip ment would therefore mean practical ly all of these available funds of $49- 000. 000.It It Is safe to say that Norfolk will much prefer to have the old walls and foundation used as they stand , and tc have a building similar to that which burned instead of a smaller and less berfutiful structure. And there Is one new feature which ought to be considered. A bill has been introduced in the legislature by Senator Randall providing for a county high school In each county , and requiring a school dlstrict'to contribute toward Us support In accordance with the number of pupils sent to it from that precinct. The Norfolk high school building could well bo rebuilt on the old walls and plans , too large for the present needs of the high school alone , with this .county high school In view , so that In case this bill becomes a law , and In case Mad ison county sees the advantage of establishing a county high school here In Norfolk , the big structure couK be used for both city and the county high school purposes. UNWRITTEN LAND LAW. The United States government , through its officials who liavo hold of fice in the Interior department for the past score or more of years , Is respon sible to a large extent for the land prosecutions which have just resulted In sentence being passed upon two prominent cattlemen of western Ne braska. If there have been laws violated lated , it is probable that legal eyes can see that fact alono. But there has [ jcen for decades nn unwritten land law In the west , placed In the unwrit ten but established code by the very ipprovnl of the federal government's officials , nnd the government itself must now assume responsibility for that situation. Western sandhills , arid and nonpro ductive , drove would-be settlers , brok en In purse and spirit , back to their ivlvcs' relation years ago. The lands were left unoccupied , desolate , unin viting ami stretching out over broad iiindrcds of miles of waste. For cnltlo In mammoth herds those lands , with hero n tuft and there n tuft of grass , wore of some use. The government officials , recognizing the lack of value In the lands nnd willing that the acres should bo used In any possible way , established an unwritten law allowing cattle to bo turned loose on those prairies. It was not a crim inal who thus pastured out his herds. He was a benefactor to the western part of this state because ho estab lished an industry that could not be established except where mammoth tracts of the sandhills could bo used , and ho did It under the government's approval. To establish herds of one blood , it was essential that the breeds bo not mixed. To prevent mixing , the herds must bo kept separate. To keep them separate , either the too expensive pro cess of constant guardianship or fenc ing was necessary. Fences built ur herds that Nebraska was proud of. This using of the public domain maj have been against the law. The Unit ed States government did not enforce that law for years and by non-enforce ment taught western Nebraska to dc what It did. It may have been illegal but the government must take Its share of the blame If It was Illegal And that the spirit of the situation was right Is attested by the recent en actment In congress of a public land leasing bill. Those western cattlemen had no In tent at stealing public domain. Thej were using acres in the only way thej could be used , which otherwise laj idle. idle.Tho The government has called these men thieves. They have been tried ir the courts and persecuted in the mag azines and newspapers. They have been convicted before juries whlcl : hail been biased by passionately writ ten articles against the defendants. A law that Is not enforced Is a bat law at best. For thirty years the Unit ed States government was aware o ] just what was going on and the gov ernment taught the west that then was an unwritten law just as it has taught the south that there is an un wrlten law which offsets the four teeenth amendment to the constltu tlon. Concerning the case , Mr. Comstock who has just been sentenced to a prls on term , bad this to say befoie sen tence was pronounced : "It Is possible at this time properlj to explain my position In these matters tors , inasmuch as when this case was tried no defense was presented. Ir these land transactions we were actlnf under and by the advice of our attor ney , who not only stands high In hh profession , but , possibly by reason ol his familiarity with the practicju am customs of the land office , wa/J mart capable to give nn opinion/on tin United States land laws tha : . any mar In the state. His advice was that w were not only clearly within our legal right , but also our moral right , as hav ing prevailed In the Interior depart ment for the last thirty years at least This opinion of his was corroborated by the Interior department Itself In Its action In the Pearman case. In this an investigation was made by a spe clal agent of the government In ar affidavit obtained showing the exact parallel condition to this case , ir which we have been recently tried , and the Interior department acting , as 1 understood at the time , under the spe clal direction of Secretary Hitchcock immediately ordered a patent Issued for the land. Relying on this opinion from two different source.s , I felt thai I was doing nothing but what was clearly within my rights , for ccrtainlj the further thought from my mind was that In any of these transactions 1 was disobeying the laws of my coun try. For we feel that wo have a right to depend upon our legal advisers , as well as upon the interior department Itself. It has been my desire to so live that when my allotted time should come people would say that I had al ways tried to bo fair and just and do what was right. You , the judge ol this court , In carrying out your duty , cannot inflict a punishment that will cause mo to feel more deeply the hu miliation , and this brought about with out any intention on my part of dis obeying any law. I would especially ask for your leniency because one of the defendants , Mr. Jameson , who Is not a free agent in these matters , sim ply a subordinate , but doing what be believed was right , knowing and rely ing upon the opinions I have outlined. No man of my acquaintance has n greater sense of honor and Integrity than ho has. " After Mr. Comstock had concluded Judge A. W. Crltes of the counsel for the defense said : "Your honor , I wish to corroborate all that Mr. Comstock has said. It has been the practice In that country for more than twenty-five years to acquire land In the general method with which : ho defendants are charged. I know this to bo a fact from many years' residence in that section and as a 'ormer land official. This practice has jeen observed with cognizance and tnowledgo of high officials and with ho approval of the government , 1 lave known these leading defendants for many years and their people before them In a business way for many years. No men can bo farther from : ho Intent of wrong-doing. Those prac tices have been tolerated for many years by the Interior department , these lefondants supposed they wore doing right. The case referred to by Mr. womstock Is Identical In character with that of which these defendants are charged , nnd It is known by nil men that these decisions have beoen ac cepted as the basis of the land laws. We cannot attack the verdict of the jury because your honor will not per mit It. All these defendants wanted to know what Is the law and how to obey It. " AROUND TOWN. Hero's to the Norfolk lock ! Hot beds nnd the robins have ar rived. Can a horse laugh with Its tongue pulled out ? The hens better begin getting busy on Easter eggs. Pick out your Easter bonnet before you get It on straight. The measles and buckwheat cakes are about over for this yean An expansive billboard may cover a multitude of ugly back yards. Now we can make up for a week's lost sleep. The prowler has left town. Wouldn't Omaha bo scared if she ftnow that naughty prowler had gene from here to there ? 1 Human tongues come to the rescue when a horse's tongue is torn out and the animal becomes unable to say what It thinks. It was a half wit who prowled around Norfolk houses nt night , run- nlng away from the women and leav ing silverware untouched. If the newspapers followed all or ders , from constables and others , to keep things out of print , there would be dry reading for the public. " A free press was one of the first in stitutions established by this govern ment but Norfolk has a constable who forbids publication of cases tried In his court. Notice. Notice Is hereby given to the quali fied electors of the school district of the city of Norfolk , Madison county , Nebraska , that on the llth day of March , 1907 , at a special meeting of the board of education of said school district regularly called and convened , the following resolution was adopted by five of the six members of said board , to-wlt : "Resolved , That the following ques tions bo and are hereby submitted to the qualified electors of the school district of the city of Norfolk , Nebras ka , to-wlt : "Shall the officers of said school dis trict of the city of Norfolk , Nebraska , Issue the bonds of said school district in the sum of $24,000.00 for the pur pose of erecting a high school building In said school district and also to pur chase the requisite amount of furni ture to properly equip said building , said bonds to bo dated May 1 , 1907 , duo thirty (30) ( ) years from date of Issuance with interest at the rate of 5 per cent , per annum , payable semiannually - annually , with the privilege to said school district of paying all or any portion of said bonds on or after 20 years from date of Issuance ? "In addition to the levying of the ordinary taxes shall there be levied and collected annually , as provided by law , for the payment of the Interest on said bonds as It becomes due and an additional amount levied and collect ed , as provided by law , sufficient to pay the principal of said bonds at ma turity , provided that not more than 10 per cent , of the principal of said bonds shall be levied In any one year and no levy shall be made to pay any part of the principal until at the expiration of ten years from the date of said bonds ? " ' The form < n which the above prop A- ositions shall be submitted shall be as follows : "Shall the officers of the school dis trict of the city of Norfolk , Nebraska , Issue the bonds of said school district In the sum of $24,000.00 bearing Inter est at 5 per cent per annum , payable ml-annuaily , for the purpose of = TPctlng a high school building In said district and to purchase the requisite amount of furniture to properly equip said building ? "And shall said officers cause'to be levied a tax to pay the Interest and principal of said bonds as they become t'Now Now tncrefore , said questions will be submitted to the qualified electors of the school district of the city of Norfolk , Nebraska , at the regular elec tion to be held In said school dlcMd on the 2nd day of April , 1907 , the polls to bo opened from 9 o'clock a. ra. until 7 o'clock p. m. . and if a majority of the qualified electors voting at said election shall vote in favor of said proposition then the proper officer of said school district will issue the bom. of said school district for the sum ot 524,000.00 as above provlde/1 ind shall cause to bo levied and corrected an nually the special tax above specified a pay the Interest on such bonds and the principal at maturity. The electors who are In favor of said proposition shall vote as follows : For High School bonds nnd tax. [ X ] And those who are against said proposition shall vote as follows : Against said High School bonds anil tax. [ X ] H. J. Cole , Chairman. II. C. Matrau , Secretary.