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10 TTbc Conservative *
"Written for THE CONSEIIVATIVK.
THE SYLVAN SHADES.
( Song of the now party hunter. )
O , sweet are the sylvan shades 1
When the fields are a furnace , the streets are
a stove ,
When its iron below us , and brazen above ,
When the outdoor is frying pan , indoor is
fire ,
No heaven but ice for our soul to desire ,
Nor a physical function except to perspire ;
What a vision of rest are the verdurous glades I
What a boulevard then are the brown colon
nades ;
How sweet are the sylvan shades 1
O , blest arc the safe solitudes !
When the ways of the world , for as wide as
they be ,
Are all between Devil and deepest of sea ;
When a broad way that's narrow , or narrow
and broad ,
Is all the election wo have of our road ;
And eacli destination wo easily tell ,
One leads to damnation , the other as wtll ;
When the Argyromaniac howls on our right ,
And sixteen to one , he will vanquish us quite ,
But as loud-and as wide on our left is the roar ,
O , glory and taxes I O , islands and gorol
* And our heroes go forth to their perilous
knocks ,
* And return , if at all , in a very bad box ;
When one side is flames and the other is floods ,
This Ethiop gets to the woods 1
It is lonesome , when one is alone ;
There is f wnes < * , when nobody else is around ;
But better all that than some crowds wo have
found !
And when one and another migrates to the
wood ,
A council of freemen at times they have stood :
Till the shore and the valley , the city and
plain ,
Have learned to mistrust what the woods may
contain ;
They were vagabonds once , but they got them
a name ,
When the forests at largo are replete with the
same ;
They have left all the world , and they come to
their own ;
They will not bo always alone 1
"Considered of doubtful authenticity.
THE CUICOUY 11OUNTY SWINDLE.
LINCOLN , Nob. , June 80 , 1899.
HON. JOHN F. CORNELL ,
Auditor of the State ,
Lincoln , Nebraska.
Dear Sir ; On the first day of July , or
shortly thereafter , a demand will prob
ably be made upon you by one E. E.
Balch , trustee , to draw your warrant
upon the state treasurer of this state
for the sum of $17,840.28 , the amount
appropriated by House Roll G03 for The
American Chicory Company. As a
citizen and taxpayer of this state I take
the liberty of calling your attention to
House Roll No. 67 , of the Session Laws
of 1895 , at page 57 , the title of which
reads as follows : "An act to provide
for the encouragement of the manufac
ture of sugar and chicory and to pro
vide a compensation therefor. " It is
suggested that this act is unconstitu
tional for the following reason. Article
8 , Sec. II , of the constitution provides :
"No bill shall contain more than one
subject and the same shall be clearly
expressed in its title. " Clearly this bill
contains at least three subjects , viz :
1. To encourage the manufacture of
sugar.
2. To encourage the manufacture of
chicory , and ,
8. To appoint a weighmau and inspector
specter of beets.
It will be observed that in the body
of the act it is attempted to invest the
secretary of the state with the appoint
ment of certain officers. One class des
ignated as inspectors , another class des
ignated as weighmeu and another class
designated as assistant weighmen , and
their duties are pointed out. So that in
reality wo have three acts embodied in
one. One act providing for giving
bounties to sugar manufacturers , an
other act providing bounties for chic
ory manufacturers , and another act
providing for the creation of a set of
officers to inspect and weigh the pro
ducts when manufactured. It would
seem to me that if the constitution
means anything it means that such leg
islation is not permissible in this state.
Aside from this legislation being un
constitutional we think it is of the most
pernicious kind in that it seeks to take
the money from the pockets of the tax
payers of the state at large and put it
into the pockets of a few engaged in
special industries , which confessedly are
not profitable. For if they are profit
able then the bounties so obtained are
filched from the people by fraudulent
pretenses. If the legislature has the
right to bestow bounties for the manu
facture of chicory , an adulterant and
substitute for coffee , then they have
the right to collect by taxation from all
of us money to bestow as bounty upon
those engaged in the manufacture of
oleomargarine , an adulterant and sub
stitute for butter , or for any other
article of manufacture. We think that
one of the most righteous acts of Gov
ernor Holcomb was to veto this bill.
And we trust that the auditor of state
will not , until required by law , assist in
drawing the money out of the treas
ury for this purpose until he sees that
every requirement of the law has been
fulfilled , should he hold that it can bo
withdrawn at all.
By Section 9 , Article 9 , of the state
constitution it is provided that :
"The legislature shall provide by law
that all claims upon the treasury shall
be examined and adjusted by the audi
tor , and approved by the secretary of
the state , before any warrant for the
amount allowed shall be drawn ; Pro
vided , That a party aggrieved by the
decision of the auditor and secretary of
state may appeal to the district court. "
And the legislature in 1877 passed a
law providing for the examination and
adjustment of claims upon the state
treasury. ( Laws , p. 202 ; Compiled
Statutes , Chap. 83 , Art. 8. ) Section I
of the act is as follows :
"All claims of whatever nature upon
the treasury of this state , before any
warrant shall be drawn for the pay
ment of same , shall bo examined and
adjusted by the auditor of public ac
counts , and approved by the secretary
of state ; Provided , however , That no
warrant shall be drawn for any claim
until an appropriation shall have been
made therefor.
"Section 2. The auditor of public ac
counts shall keep a record of all claims
presented to him for examination and
adjustment , and shall therein note the
amount of such claims as shall be al
lowed or disallowed , and in case of the
disallowance of all such claims , or any
part thereof , the party aggrieved by the
decision of the auditor and secretary of
state may appeal therefrom to the dis
trict court of the county where the cap
ital is located , within twenty days
after receiving official notice. Such
appeal may be taken in the manner pro
vided by law in relation to appeals from
county courts to such district courts ,
and shall be prosecuted to effect as in
such cases ; Provided , however , That
the party taking such appeal shall give
bond to the state of Nebraska in the
sum of two hundred dollars , with suffi-
oient surety , to be approved by the
clerk of the court to which such
appeal may be taken , conditioned to
pay all costs which may accrue to the
auditor of public accounts by reason of
taking such appeal. No other bond
shall be required.
"Section 3. In case the appeal shall
be taken as provided in Section 2 of this
act , and on trial thereof the district
court shall be of the opinion that the
decision of the said officers was wrong ,
either in fact or law , the said court
shall reverse the same , and by its order
and mandate require the said auditor to
issue a warrant in accordance with the
provisions of Section 1 of this act , upon
the treasury , for such an amount as
shall be determined on the trial of such
appeal to bo legally due thereon. If
either party feel aggrieved by the said
judgment , the same may be reviewed in
the supreme court as in other cases.
"Section 4. No claim which has been
once presented to such auditor and sec
retary of state , and has been disallowed ,
in whole or in part , shall ever be again
presented to such officers , or in any
manner acted upon by them , but shall
be forever barred , unless an appeal shall
have been taken , as provided in Section
2 of this act.
"Section 5. When a claim has been
in part allowed by such officers , a warrant -
rant shall be drawn as in other cases
where the whole claim shall bo allowed. "
Here then is not only a constitutional
provision , but an imperative statute ,
which requires , before any warrant
shall be drawn by the auditor upon the
