The Conservative (Nebraska City, Neb.) 1898-1902, December 19, 1901, Page 11, Image 11

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JC'I ' 'I
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Conservative ;
, . f Willie , dressed in the-best of sashes * ' .
. I Fefl in the grate atid\ \ burned to ashes.
' After a while the rpom.grew chilly \ .
' Cause nobody wanted to poke peen Willie. '
HAVE YOU EVER TRIED US ?
EVER HMD OUR CATALOGUE ?
We supply everything you use in your daily life at
wholesale prices. Our customers say they save
from IS to 4O per cent by buying of us.
Worth saving isn't it ? Inquire about
us ask your neighbor. Perhaps he is
one of our , customers. We sell only
highgrade goods nothing shoddy in our stock. ' What
do you expect to buy this month ? ' Tell us and we will
send you' free'an illustrated-catalogue on. the subject.
Remember , we return money and charges when goods are
not satisfactory ; you can't lose when trading with us.
Montgomery Ward fr Co.
Originators of the Mall'Order
System In 1871 over SO years ago Chicago
case. The opinion of Justice Miller
is entitled to great weight by reason
of his eminence and long career upon
the bench of the supreme court his
great learning and ability as a jurist
having won for him a place in judi
cial history next in rank to that of
Chief Justice Marshall. This is also
a dissenting opinion and occupies
fourteen pages in 1st Wallace U. S.
Supreme Court Reports , page 207. It
sustains my opinion and shows con
clusively that there was no authority ,
under the then constitution of the
state of Iowa , for the people to vote
tax. in. aid of1 private speculative en
terprises. From this able , opinion I
make the following extract :
v.
" The question of the right of mu
nicipal corporations-to- stook iu
railroad cpmpuietf came before the
supreme odur.tf , of . I6wa , for the first
time at th Juno term , A. ; D , 185 $ ,
i ' the1 case of 'Dubnque Qpnnty v. tne'
Dubuqmj & Pacific railrpa/l-company.
Tfye majority of Jih'e cburtr , Kinneyy J.
dissecting , pffljmed 'the judgment ; of
the cpujt below , and in S.Q doing ,
must necessarily have held , Mat mur
nicipaj corporations could take stock
in railroad enterprises. ' Tjie opinions
of the court were by Jaw filed vpjfch
the clerk and.by hjm oppi 'i p a
book kept for tJjatj purpose.TJje. dis
senting opinion pf Jqflffe Rinney , a ,
very aple pne , is there Jpqnd ; * in
proper place , & whiqty he wya he
never seen the flPJnipn of. tfte raaj
Hy. ? To such. ppinj on. ifr tp be fpund
in the clerk's pflpe as J , have yerifie4
by a perspnal examinatig > ffm . wj (
it ever eepn utftil Jt was pubMflhed. flvp
years afterward in the vplume ftbpve
referred tp , by on ? pf the. Judges ; jyhp
had ceased tp be either judge
oftMal reporter # t < )
; nrni9hed , Shortty
.ren4ere4 ,
and his place was supplied by Judge
Hall. After reciting further facts
showing the judicial controversy
in Iowa over the question of voting
bonds for railroad purposes , the judge
says : Finally in the case of the state
of Iowa , ex relatione v. Wapello
county , the court , now composed of
Wright , Lowe and Baldwin , held
unanimously that the bonds were void
absolutely because their issue was in
violation of the constitution of the
state of Iowa. The opinion in that
case delivered by Judge Lowe covers
the whole ground and after an exam
ination of all the previous cases , over
rules them , all except Stokes , v. . Scott
county. * It is' exhausting , able and
conclusive , and after a struggle of
seven or eight years in which this
question has -always , been before the
court , and.never' . considered as'closed. . .
This case' ifanjy now' be considered as
fiualiysettling thef law' 'on that sub
ject irt the"courts..of' . Ib.wa. 'It lias al
ready been.-repeated ; in several cases
not y'efc.repbrt'ed. ' , Itis the first time
the' question , has been decided by a
nnahimo'us court. It is altogether im-
lirobable that any serious effort will
ever be made to shake its force in
that state , for of the nine judges who
have occupied the- bond } while the
matter was in contest , bnt two have
ever expressed -their , approbation of
the doctrine of the Dubuque county
case. " v
"
At last' the truth is vindicated.
The error of iriy brother judges is
jjixjiqiajly oxppsed # nd from tljat time
could dp np further harm. "After a
lap p pf seven , pr eight years , tjje su-
pr < ? jftie 9onrji of the state of Iowa , by
$ n unanimous' decision , reverses the
judgment pf ray brother judges and
auBjaJM'ijjg position which J assumed ,
wjien for tjp ) first time in the history
pf jjprispruden.pef I deoideqf the ques
tion as Jlj J now decided. The pro-
phetip words used in that opinion , that
the time would come when the erron
eous decision of my brother judges
would be reversed , are now fully real
ized. Your endorsement of my opinion
has received the sanction of one of "the"
greatest jurists of the country and of
the highest judicial tribunal of the
state of Iowa.
JOHN.F KINNEY.
San Diego Cal. , Dec. 5 , 1901.
ITS WORTH IS DEMONSTRATED.
The Nebraska ; Conservative is uow ;
four years-old. 'Probably-no paper ever
published in A'merica has in so short'
time extended circulation into chan
nels of 'importance and influence which
is a high testimonial to the worth of its
publisher and editor who has demon
strated beyond a reasonable doubt that
there is room and patronage for weekly
papers when published in the interest of
high moral ideals as advocated by The
Conservative without dependence upon
the bones of public patronage often
times pbtained by methods.which , if
generally practiced in other lines of
b'utfiness ' , would subject one tp criticisms
pf .an odious nature. Success to $ he
continued usefulness of The Copserya-
tive-7rAHiance ; ( Neb. ) Pioneer Grip ,
ov. 33 ; 1901.
This glgnaturo is on every box of tbo genuine
Laxative Brome = Quinine Tablet ?
tbt remedy that cures n cold in < me day