Nebraska Newspapers

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b 1E DAt'LY Bi.OMAHA TUESDAY I
2 , SWfIEIR 1 , 183
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, 1 WOMM'S
She i over-worked , poor thing )
Freud , honorable , faithful , womanly ,
Jile determined to keep cxpense
' ownanddothcworkhcrelf. Right
nobly has 1ic done it , but at temble
Ct. The parkIe that wai in her
eye when he wa a bride i.i gone.
xr once plump . nd rosy cheeks
' = .e now hollow rind colorless. Slio
wed to step lightly and gracefully ,
ut nowshc drngs one foot after the
other with paiiifuhvcarines.
' For the rakc of the family she
doe not incn on her aching back ,
Met. acutely-painful nerves , her rhcu-
atictwingcshcrdyspcptiC troubles ,
or the heavy wcight lic feels in her
. right side1 that tells her her liver n
roing wrong. She think5 neb ° c
En ows about all that , andshc wi
uffcr on in quiet and unrepining pa.
tience. Alas I her sccrct is an open
cue , for it tells its own thic.
Whisper this in her car , he ought
to know it : jzdam , Brown's Iron
ViIIcrraillheaIYOUrbaCk , calm your
! iers kiilyourrhcutnahsindrve0U1 ,
Do1Lr a bottle. Nearest druggl8t.
' TRUE
, : Temperance
. Is not 5igning a pledge
or taking a solemn oath that
cannot be kept , because of
the non-removal of thecause
-liquor. The way to make
a man temperate is to kill
the desire for those dreadful
artificial stimulants that car-
. 17 SO many bright intellects
to premature graves , and
desolation , strife and unhappiness -
: happiness into so many
thinilies.
t , ' . .
ItiifaetI Baown'rao
* , BItTEaS , a true non.alcohol.
Ic tonic1 made in Baltimore ,
r , . Md.bythe Brown Chemical
' t Company , who are old drug.
, . gists and In every particu.
- . - . hr reliable , will , b remov-
, ; . - . - . - bg the craving ttppetitco (
; . . , : .r . - . the drunkard , and bycurig
. ' . - . - - - - the entinaneu , weikneis ,
- . - . ad enera1 Ill health reault.
1 . , . , - big uron lntampeeance , do
. : ore to promote temperance ,
I . . I In the itrictest sense
I anyother mesna now known.
It is a well authenticated
. ; fact that many medicines ,
cspccially'bitters , ' are nothing -
ing butcheap whiskeyvilely
, concocted for use in local
option countries. Such is
not the case with BRowN's
InoNBirrans. Itisamedi-
. cinep a cure for weakness
and decay in the nervous ,
muscular , and digestive or- .
gaas of the body , produc-
lug good , rich blood , health
aad strength. Try one bot-
tie. Pricei.oo ,
'I ! . : , p
.
RailwayTime Table.
_
U.P.ltMMNLINE.
LI.&YL Aap.IT3.I
? adfl ElpruM.12:06 : p m Atlautlo Rzproe,1t5 sir
WostarnExpreM &OOpm EuteniErpres&3:20p : in
Ortn4h1and1'aas3Opm 0. WandPa&i : .11LOain :
Uncohi Ex..12Sopni ; Linoolu Ez..i2:66pm :
DWWY TRJUNS-BRIDOIt DIVISION.
Thinufly train. leave Omaha u follows : 8:00 : a in ,
; OOsmIOoO&mI1oO&m : : , , 1:00p.m. : , 2:00 : p in
' roe p m,4OO : p in , 6:00 : p in , : OO p rn.1 10:10 : p. in.
I Dummy trains leave ( .ouncU 13uUs aa toIe' ! . : 8t6 :
in , g:26 : in , 1O2 a in , I1:2 : a in , 1:25 : p in. 2:25 :
pm,3:25pin : 425pm,5:25pm:5Opm. : : 1OOpin :
Sund.ays-Tlie Dumniy tralni leave O&naba at ooo ,
11:00 a in ; 2:00 : , 4:00 : 6:00 : , OO and 10.10 p in.
Loavo. Council Dfuff , at 9:25 : and 11:25 : a in , 2:25 : ,
4:25,525and0SOindlOSOpm. : :
LOCAL TIIAIRS-BRIDOX DWiSION
LIU OMAhA. LE&YI ruWICIL ILTYS.
'A I'.M No. 2. . . .7:65 : a in I'ua. No. . . . 125 in
' . I' No. 10..45 p in " No. l5..1L:5O : a in
. K 'I No. 4..aO.pin : 'I No 3..II:2OLm :
I I ' 4 No.8..8fOain : " No. 1. . . , 735pm
. : 'I N..S..O:1&am :
(3. , M. & St. P. U. R.-U. P. DEPOT.
c 1I&U&EI..7.Oam I'aclItoF.z..O:45m :
i I , ' AttantloEx..8COpin : 4sI1&Ex..7:10pm :
: WAIIASII , ST. LOUIS & I'ACIFIO.-V. P. DEPOT ,
I Omabs..7:50am : Om.ha..11:20am :
: i 'I . . . . . . . . . .3:50 : p in ' ' . . . . . . . . . : o p in
, 0. , B Q IL IL-U. P. DF.I'OT. p
Mill'.7ro a in Exprosa..0:45 . : a in
Ezprca . . . . . . . . .S0 : i in Mali' . . . . . . . . . . . . ,
0. , ft. I. & P. U. 51.-U. P DEPOT.
. Exprrai..7ro : a in I . . . . . . . . . . . . : am I
Mall..ro p in j Exproes..7:10 : p mu
A 0. & N. W. 11. IL.-1J. 1' . DEI'OT.
' . . . . . . . . . . . . : & a in Exprcu..0:45 : a in
. . . . . . . . . . . . p ni ' . . . . . . . . . : j' ni
1 5. 0. & P. It. 8.-U , P. DEI'OT.
' . . . . . . . . . . . . : a in Expre.a..0tS : a in
Exprina..5:00pm : Mall' . . . . . . . . . . . I
MISSOURI PACIFIC-U. I' . DEPOT
IItCU . . .7:00 : a in Exproam..0:45 : p in I
't C. , s'r. PAUL , 11. & 0 , U. 1l.-DEI'OT zr. 15Th
2o. ' ' . . . . . . . . 800am No.1' . . . . . . . . . 401m
( o.4' . ,12tSpin : . ' . . . . . . . . . . :
c SIOUX CITY & PACIFIO-DIIP0T N 25th
J Losyc Omaha for Valentine via St. rw Umme
i So . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :
1 mrr1vefroinValontlne . . . . . . . . . . . . . . . . . . . . . .450pm
. U. & M. IN NEIIItASKA.
envorExprou.,8I5ain : tIantIo. . . . . . : S0pm
PadfloExpr..a.SSSpin , Dunvir.Ezproa.8tOam :
K.iX7mfrOE & 0. 13,1t. IL..U. k It. DEL'GT.
. . . . . . . . . . . . . : Expicee..GOOamu
Kxj'rosa..7rtOpm . . . . . . . . . . . . :
Sundayezoept.d. _
Opontng and Oloatng or ) latl. .
. i . , . . 2.OUTL aria. cuea.
. I.in. p.in. am. pin.
, clilrago&Northwe.tem..thoo 9t)0 ) 6:50 : 2:4 :
ChIcso , Rock Iaiautl&I'a.cISo.llOO : 9:00 : 530 2:4C :
ObIcago,11urIlnton& Qilncy.I1:00 : LOU 850 2C :
Cbicao , Milwaukee & St. . P. .11:00 : 000 6:20 : 2:4 :
Wabaith. . . . . . . . . . . . . . . . . . . . . . 12:30 : 8:80 :
Sioux City & 1a.c1fIc , In Iowa , , 9:00 : 630
Union l'acIfio. . . . . . . . . . . . . . . . 8:00 : 4:00 : 11:40 : ON :
Omaha & iteliubiloan V&iIoy , , , 2:00 : 11:10 :
I3.&MIn Nubraiki. . . . . . . . . . o 7:40 :
cblcagost. 1' . M.&O. . . . . . . . . 6 : 120
)41isour PacifIc. . . . . . . 0 : 530
$ iouxCIty & 1' . , Ii Nrbra.ka , , 8:00 : 7:20
SP'CI iIJfl tar Plattimnoutli , Asblanil au4 LIno1m
eloao at 5:10 : p. in. , opcn at 10:80 : a. in.
Otliou open iunday. from 12W : In. tO 100 p. in.
U. IC. COUTANT
MANHOOD RESTOREDI
A 1ctIm of early lmnprudanon , cualng miervou d.biI.
t , pininituo I.cay aic. . baying Irled iii vilu averj
. own lisa dlicov"red & .tmpl. mains of iou.
my. i'malcl 1. oili loud PREE to liii tellow..ufforero.
.A4di. .7. 11. 1UJVE1I , 4.3 CtstIamn 'IL ' , flew Yozk
. liD lllflJflPDQflJ A regular Kr4Uato Ii
Jill , ULII1LIIJIIIUU , modiclun. Over Izti
SoSan060d VyandQtta SI. ycara practloo-twolc Ii
AN8A5 vrr , ilo. c5icao.
Autorhcd } by the atate * 4 troa
, a Chronic , Ncrvoua &nd l'rlvato diacuoc.
A Aitbina. EiiIIciwy , JUicuniattumn i'ilei
, . Ta19 Worm , Ur1smary and 8km DI.
4. esciSemntnalWcakrmeainIlmttoooc. (
beaua.l DditIity(1o. nf.xuaI pinior
. etc. Cnn. guarazitued or money rclundcd. Chargn
13w. 'thOUMfldJ of mooi curod. No Injurious mcdi
. clue. furniahod oven to i&Ucnt. at a diotanco , ( n
ultatlon free and confldmntiil-catl or rik' ago an
. czirIcnt'e ' &r0 Important. A DOOR for both puac.-
. IfluMratd-aur3 circulara l other timing. icut poijoc
for two 3 aunt sta.mpc. YE1 MUISEU&f
MUISEU&fmodood.w
modood.w
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CORPORATEPEIOFITSI
Ai fltrOStillff Article Conccrllth
their Rou1lion y
Different OI&son of Oorporfttionu
and the Ohartorn Under
WhiohThoy Exit1
A. RnljeOt that Is BgInnIn to A.
.nrno Proportlona flemsaad.
Ing Attention ,
Judp'e Coolcy In thu North American Review
for September.
At the time when thoFodoral Conatitu.
tion WM adopted municipal government in
America WM a very aimnpio affair , and
WM munriged with ea.o and OCOflOmy
through local officer. , who provided for
the making anti repairing of roada , Iook2d
after disorderly charactora , abated local
nufeance. , a11t levied rates for the tow
and ciniplo public noed8. Wimoii Limo
growing Polmulatlon of a particular locality
appeared to need larger powers of local
government , the Legielaturo granted
thorn , hut they often involved little more
than the holding of faira fl8 a m.aiis of
building up local trado1 the inatitution of
a local court for the trial of petty ca.es ,
a few implo precautiona ngaiii.t tires , tim
employment of watchmen , provmaion for
the atreote , and authority to levy Laxca
under tory narrow roetrictioni to meet
the corporate oxponace for thoao purpoeoa.
Stto government waa moro complicated ,
but it a8 vaatly leia so than it has be.
come since.
Chanoa , the moat ofwhich ha'o taken
place within fifty ycara , have made every.
thing dilForont . The railroad has como
for good and for evil , and hai diaplacod
no only the old atag.coach , but t. a
l2rgo extent alno the win for trade and
iravol of the common roads. The itate
and ita municipalitioi provide the common
highway and keep It in rqpamr , and it
800MB therefore to be within themr author.
ity if not their duty , now that the railroad
ha. become the chief conlenmenco of
travel and trumnaportation , to provide timat
aI.o. The tjio of coal gas baa b.como
common for illuminatint purpoaea , and
time proper police of all urban coinmunitioe
requirea that the authorities ehould
provide it , or something equivalent. ' or
bettor , for public atreet.e and places. The
telegraph and the telephone are to iome
extent .uporceding the poit.office , and
arc quite ae much a public necessity.
The advance in sanitary icienco makes
us acquainted with the daner of impor.
feet city e-arage , and of impure water ,
and wo ar compelled to abandon the
town.pump nnd to brim' horn a diatance
an abundant supply of ' pure water for
domestic and public use. Wi also see
the notessity of giving to the cit7 popul.
ation the opportunity of breathing pure
air in parka which are shaded with trees
and refreshed with fountains. Hero are
imiorthnt public wants , every one of
which is expensive , and must be provided
for , if at all , at a cost of taxation which
to our frugal ancestors would hare seemed
almost like confiscation.
T11 CUSTOM.
When a public imoed is thus discovered
or felt the first question often is wiiether
it shall be met by time government direct.
ly , and at ita own expense , or wjiether
the franchise of providing for it shall be
conferred upon individuals , with the priv-
'hugo of making it a source of profit. The
former is the method which apparently is
most consistent with republican inati-
tutlons , f9r It grants no favors , and does
not complicate individual with govern.
mental affairs. But in practice it is
found subject to very serious objections.
We know what some of these are , for
they have boon confronting us for many
yearsand subjecting us sometimes to dis.
aster and disgrace. The cost leads to
great debts , amid these are commonly call.
edreat calamities. Time management of
railways , 1ightnin works7 the telegraph ,
or the telephone is a businose , requiring
in tloso who take it up not only a scion.
tific preparation and training , but also
the annie attention , care , prudence ,
economy , and circumspection which in
ally Private business are the requisites of
success. Whether in the hands of a municipality -
nicipality such a business will be subject.
od to time proper management must depend -
pond , directly or remotely , upon the an-
tint elections , Those , witemi honestly coii-
ducted , with exclusive regard to tue PrOPer -
or municipal issues , are by no nmeans ccv-
tam to bring to the front muiemi of business
energy amid capacity amid wimon they do ,
arc not sure to put timoin in tim places
most suited to their abilties. But when
iIiUfliCilal elections are , as how , conduct.
ed upon National issues , with which they
have iio concern whatever , we mimay take
it forgrmumtod that the majority of those
who seek anti obtain the offices will not
be mcii tlitinguislied for their busiiicss
qualities , or who have boon found suc-
cesiful in time mimnnagomnont of their own
afFairs. Time public woiks of States and
cities arc , therefore , likely to fall into
the hands of those who will imot muanage
them with skill or with high busimiess ca
lacitY. But what is worse is , that so
bug as time ? ractico continues of immaking
mnummicipal oflices amid. places time spoils of
party warfare , it must , .bo expected amid
will certainly happen , timat time domimmaut
larLy or its kcal lenders will Inanage
frommm time control of public works to do.
nyu profits for themselves at time expense
of time commimunity There soemmis there.
fore , to be strong if hot controliimg run.
soils. wioiicvor time supply of a public
convenience can assummme time forimi of a
private amid commtinuous business , for per.
mnitting it to take timat formmi amid for grant.
ing to individuals time mmocusary fraimcimise
for the PurPose.
But. legislative orniissiou to build and
oprato a railroad is commmimioiily a necessary
I requisite. 1iilmwaya must. be crOssed amid
imublic liIacs intersected or occupiodammd ;
I railroad upoim any of those witimout p -
iiitssiomi of tko Suato would be a pmmblic
mAmisammce , amid subject as such to immdict.
macmit amid remmioval , it bocommies miuces.
sary , also , to resort to time omimimiunt
tiomnammi to force roles of muds for a rigimt
of way by rnrsoiia who will mint volunta.
. rily part with t.lmomn , or wimo take advaim.
tago of time circuimmstaimces to dcmmmaiid cx.
orbitammt lmricus. lltmt III additiomm to other
miimpediiimuimts to iimdividual commstructiomm ,
: the capital required for time purpose ii so
great that ommly time COIuratjomm ) of itmammy
: . 1)u01m5 can secure it ; aimd tluo unto aimd
commvcimiujit iimctimoJ. of coopuratiomi is
under corporate forums. We titorcfomo of
liccoasity have cimurters for railway coin.
pamilus.
if these cqmpammios received trommi the
State nothiimg loyoimd thu franchise to be
. a corj(1rntioIm for operating a railway they
; woulu , wiiumi forimied , bucommie macrely
carriers of goods and persoims under coma-
I mmmcmi law rules ; amid we need look no
further to ascertain their duties amid
I obligations. Rut timey receive fromn time
I State mony other franchises and privil.
egos. They are permitted , as has been
said , to imava the ski of the eminent do.
main , and to occupy pimhihlo streets and
places. Sometime. timoy arc favored in
the matter of taxation ; somnetimmics the
power to tax is employed to aid them ;
and always there are exceptional rules of
police for their conveniemmco arid protec.
tion. All these am. special favors which
they receive from the State to enable them
to set up amid carry on with profit their
business as common carriers ; and the
inducement- riot the right - to
gratmt them must be found in time
fact that th.y mmvi created to subserve
public ends , It is quite certain that
they could be given power to interfere
with private property on no other ground
whatever.
We have , then , railway companies
existing as common carriers , and subject
to the common law obilgation to make
ty reasonable charge. . But what arc
reasonable cimargos ? Itessoimablo prices in
guimeral mire such prices na are determined
by deimmand and competition , and timoy do
not necessarily hose their character as
reasonable , because under time pressure
of demand and in the absence of compoti-
tioii they become very profitable. if ,
therefore , a railway corporation is to ho
regarded as occupying in all respects time
position of a comnmnomm law carrier , large
profits will not necestarily determimao its
charges to he unreasonable. But when
thin compamiy receives from tiio State
special rivilcgos and graimte of power , on
time undorst.anding that these are confer.
red in the public interest and to subserve
Public ends , it is notby any means certain
that its profits may not justly be used as
a tent of the reasonableness of its charges.
Time clmarter in grantI for time mutual
benefit of the state and time corporatora ;
and , while it contemplate. reasonable
returns to the latter in'reatni.nt , it
cannot fairly be understood to contoni-
Pinto anything more. In determining
what are such returns , all the risks to
which Limo invostmdnt is subject are to be
taken into time account ; and it is obvious
timat these are much greater than tim risk
which attends time loaning of money on
security. But charges can only be rogu.
latod for time future , and timismust neces.
aariiy be done , either by the company
itself or by the State , upon estimates if
the business likely to be don. and its
cost. That the company could not bo
exclusive judge in doing thu evemi at the
common law line already boon seen ; and ,
as no third power can intervene except
by mutual consent , it seems to followof
necessity that theStimto may limit profita
as well as ciiarges. The judicial decisions
go to this extent , that when the State
cetablishos a maximum of charges these
charge are to be deemed prima facia at
least rerionablo.
A D1T1ZitNCfi.
Time case of corporations which are
createdto servo public ends in now ways
and by newzneans ofnew inventions and
d1coverioa difThr fronithatbf ratijiad
companies in this.that their busineasbe.
ing new , duties and obligations of except. .
ional character have not been prescribed
for thema by thocomon law. A telegraph
company , fir example , is not a common
carrier , and therefore does not comb Under -
der the rules which control the carrier's
business. But there is precisely time
asmue reason why the State should regulate -
late lie business and keep its charges
within the limits of reason that applies to
the business of railways. The telegraph
exists only by permission if the State ,
and is only constructed by the aid of time
eminent domain. Time main object in
granting the aid is to promote time public
convenience and welfare by means of tote-
graph as a public agency , but incidentally -
ly and as of consideration for its services
to the public , the company is expected tea
a profit forIts members. If the charges
that are to produce this profit may be urn-
posed at discretion time State is at the
mercy of the agent it has created ; the
main purpose is subordinated to the mci-
deliLah. There can never be aay implica.
tion Limit this was the intention in any
grant for a public purpose. A fair and
reasonable use of the grant must always be
understood ; and obviously what the pub.
lic shall pay for time conveniences which
time grant secures for it is a matter of the
highest moment. It is just as much
within the proper police authority of the
State to keep a telegraph company from
abusing ta powers in the matter of charg.
09 aS it 15 to prevent other abuses. And
this may bo done in strict accord with the
principles of the common law and by vir-
turo of powers which are inherent imi
ivory sovereignty.
FaANduzsxs :
But to grant such a franchise is to give
a special privilege which presumably has
pecuniary value. It ii therefore to prefer
somne citizens , who are rondo the recipients
if time grant , over citizens in goneraland ;
timough timis is unavoidable , it is in sonic
801130 invidious , Iii many cases , also , tue
privilege from its nature must be ox-
clusivcand ; we mire to have porsorma carry.
ing on a busimioss as it public agency , with
time ptblio as a cuatommmer , but without time
coimmpctitiomi which , in time case of ordi.
nary business. is supposed to be time
wimolo protection against extortionate do.
imiands. 'We timus have time odious features
of nmonopoty , as thu result of the grant of
a public privileo ; and this wilibe obnoxi.
ous in lrovortmomi to the opportunity it
gives for unjust exactions , and to time
imegloct 01) tIme vart of time state to provide
against thorn.
But suppose time state , when granting
time privilege , makes no lrovisiou against
an extortiommato use of it for time purposes
of private gaiim , is it powerless to do so
afterward ? No question mmmoro immiportamit
timami this 1mm hitherto demanded time
attcmmtiomm of time country. If the state
mummy graut irropoalablo amid unchangeable
frmumciuiscs of all sortaf we may timid , after
IL few years of foolish or corrupt rule ,
timht it imas bartered away ii large part of
its ability to be useful to time people ,
immiti that , imistoad of existing for time
0(111111 ( amid comummmomi good of all , it has built
upprivilegedeinasoato vimommm time fumictiomis
of govcrmmiimummt intro boon granted or
pledged. it would be easy to immmagimmo
a atmito of timiimgs timat mmiighit becomimo
immtolrmmblo.
OIIANO KS ,
When thmo force , effect , or bimmding
mmatiiro of a 1)uhiio iramit , amid especially of
a corporate grimmit , ma in question , we turim
aPOIitmmI1CUBl' to time iartummouth College
case for time light amid the law timid Immu8t
guido and govern us. 'J.'hmat case has
tumnled to lix iii time public immimid the him-
piussiomm that wimmitovor can be obtaimiud
III timu forum of mm legislative grant has a
property clmaraotur aflixed to it which
umitmtlcs it to CmnmUmoIi protoctiomm with time
carimimmgs of immdustry and time legitimmmato
mmccummiulatiomms of capital , amid timat it hizis
somnutimiug of time imacrodimoss smmpeecl to
ilmhmero iii lflmbIiO commipacts amid treaties ,
muiti mumust be specially guarded for that
reason. 'I'lmat decision 1mm bewm extolled
beyond measure for its preeimmimieimt
wisdom mmd buimoficomico ; amid it has beemi
zissuimmed timat without it the protoctiomi
of contracts would have been impossible ,
amid especially that thmu prodigious results
( If corporate organization , which hiss dommo
so mimucim to umiricim amid ilimprovu time
country , could mmcvor imavo been attained.
But if tIme Dartamoutim College
case brought blessings , it also crc
ated alarm ; the corporations protected by
it acquired a greatnsss , wealth , and
power which limo political Inatincte of
people macis them distrust and fear ; and
in recent conititution.making they have
giving distinct expression to the belief
timrmt a iegialatmmro with authority to grant
irrepealable francimisea and privileges.
Time revised State constitutions of recent
date have therefore taken from the legis.
hattie department time power to grant coy-
porate cimarters , except subject to the un.
alterable condition , as a part .f the son-
tract , that the charter may be altered or
repealed In the legislative discretion ; amid
that condition , in the case of nearly all
recent corporations , is a prF of the law
of their being. It has bee , ' immposcd mmii-
dcv the influence of a fear thtc without it
not only were corporations likely to be.
conmo too powerful for elToctual control ,
but ala. that the State was in danger of
stripping itself for their benefit of cisen
tial powers.
Tim rownit To REOULLTIICIIANOES.
There are still some charters , however ,
tlmat , having leen gramitoil without the
condition , are not subject to repeal or
aniomidumont at time legislative will ; thorn
are also immiportamit frammchmises in time hmamids
of umicorporated persons , Amid 1mm ox
amnining time State power to regulate
cimanges , it acermis necessary to commaider
it , first , as it would exist at the common
law ; second , under charters not repeal-
able or amendable ; and , third , under
charters which are subject to legislative
control.
First-Of the corporations serving pub.
hic ends time most important are railways.
These are chartered that they may estab.
hish time business of carrying for hire the
property and the persons of those who
may desire that service. This is a busi'
ness well known to the common law , and
has bag been recognized as having a
semi-public character which made it aim
exception to private business in general.
The law permitted persons to assumne the
character of common carriers only upon
certain conditions , ons of which was that
timey should carry impartially for all per.
Sons. And another condition was that
they should carry property at reasonable
rates , and in the absence of special bar.
gain time law , when necessary , undertook
to determine what might be reasonable
rates under the circumstances. But ,
subject to timeas and a few other condi.
tions , any one might ofFer his servises as
a public carrier ; he needed no State per.
mission for the purposo. And no doubt
he might build a railroad and operate it
in his busimmess if ho could purchase for
his track a right of way ; but he would
operate It under the same conmmnon law
conditions which other public carriers
rnustebueyo. He would , therefore , be
under the restriction that his sharges
should be reasonable.
Second-Where charters exist which
have beengrantedwithont the reservation
of the power. to amend or : reie i , the
Stt6 must abide by the' grant , and , if it
was improvident , macat suffer the conse-
quonces. All that can be done is to see
that the incorporators themselves observe
the conditions of the charter according to
its : true intent , and , if they fail to do so ,
to ferfoit it. This is time rule of constitutional -
tutional law , and it is also time rule of
public honor and integrity.
Charters , however , are not often their
owa suflicient interpreters ; and the
question of constructions iii respect to the
power to make charges and accumulate
profits Is often troublesome. The grant
of this power is sometimes subject to a
maximum limit ; and when that is the case
nothing which observes time limit can be
deemed abuse. But more often the grant
is either silent on the subject of charges
-in which case the corporation by impli.
cation would be empowered to fix them-
or it gives the power to the corporation
in general terms and prescribes no
maximum. In the first of those cases
the right of the State to restrict corporate
charges is unqimestiomiable. In the second ,
though Ion" ' amid earnestly contested , it
is now we'll settled. The ground on
which it is affirmed is , that the State , in
conferring upon the corporation the right
to charge for the services rendered to the
public , without expressly abdicating the
power of control , must be understood to
have reserved it. All corporate grants
are to be strictly construed , and it must
always be assumed that the State proposed -
posed to give nothing which It has not
given in express terms , and that the
? rantoos have bargained for amid secured
in express terms everything they were
to have. A railroad charter , therefore ,
which authorizes the company to establish
such rates for time convenience of persons
and property as it shall from time to time
determine by its by-laws , confers the
power subject to time higher authority in
time Statu to regulate the rates itself if the
circumstances shah seem to deimmmid its
interposition.
It may become a questiomm at soimmo
future tinio whether amm express grant tea
a corporatiomm of time exclusive right to
lix its own cimargos is not time subject , like
all other corporate franchises , to thu
ilim1)hiOd condition that it shall not be
abused. Time pemmalty for time abuse of
francimises is forfeiture by judicial pro.
coedimmg at time instance of time State ; and
it is conceivable that cases of such
outrageous extortion and vaipahie
injustice mnigimt occur as would
justly subject a cerporatioii to Lids
lunishmmmioiit. But time roinody , being
severe , would be applicable iii extreme
cases ommly.
Third-Whenever , in granting corpor.
ate franchises , time power to amend or
repeal at will 1mm been reserved , time
control of the State immuat be deemed
practically absolute. It is of no imupor.
tammec that the cimarter confers upon time
corporation time exclusive authority to fix
its own cimarges , for time Legislature many
at aimy timimo revoke time grant or set limmmits
to it. 'rime corlorators have accepted it
with time tlistimmct umiderataimdimmg that they
hare emily ami estate at will iii their
framicimises , and have coimsemitetl to assummie
all risks of State Imowor boimmg exercised
mrojtmdiciaIly. No comitract is therefore
violated amid no faitim broken when time
State asserts its autimority.
-
Dom't , Io Faimmt.Ileartcd ,
If are In trouble look ii1i imold on , give
time 1)1005 gootl by. It 'Ohl are iii i'alu , have a
lamuommmus , Imavo Aim acime of any kind , go to time
druggiot amid ask hmiuum for Thovaa' , Ectcctrsc
( El. It will do you gooi every tliiiu.
Oovurnorlllackburmmof lcemmtueky , at.
tended 'I'almnago's lirooklymm cimurcim. Timi.
mmiago led time ( lovorlmor to time liAttmimm
amid held himmi by time Imammtl while 6OOO
voices sammg out : ' "iVimilo time 151111) holds
out to burmi , the vilest eimmimer immay re.
ttmrmm. "
JIomm4flrtI's scIiL l'lmosplimtte ,
Tonic for Overworicod Mon.
Dr. J. 0. Wiisomm Phmilatlulphia , Pa. ,
says : "I have used it as a gemmoral tonic ,
nimd in jmartiommiar in time debility and
tlyspepsiti of overworked mmmcmi , whim eat.
isfactory results , "
A Oernan Primmce amid a Russiamm Count
have succeeded ( mm captivating two of time
imiost attracUvu daimmsels Ammiorica somit
over to Europe this summuimer. The former
gets a Nqw Jeraoy girl , amid time latter
one froni Maryland.
c A
CNAY SPECIFIC MEDICINVI
TAAC MAFfl TIISOJIJIAT 'TiAI NAflK
mill itawany. An
nntaiiIng carol , ,
, t .niinal Weak.
neuSpermatorr.
kne , impotency ,
and cii bleesee.
that follow ci a
AXINO ,
ii it , Ilack , DImness of Vi.Ion , ? r.niaturo Old Are ,
and many elhedi.ua&ma that le.4 tolnianity or OOe.
rimpilo. and a Premature Ore , , .
SrwAai of ad.rIemeni. to refund aion.y , when
drugrits from whom lb. tn.dln. I. bOUftII 1. n.e
refund , bet mate , you lo The mnenn1.cturv , and the
TsqnIreaenIi are euth that ti.ey a , . .eldorn , ( / .r.r ,
ooie4 with. sea thwvtUngueee A a1
of on , , In ! . peuker. c Gra3r' . 8oc1in wm innvkc.
Ike meet , kepsiul o ( P. 'eel mew. .
Oc i.oonn * eouhhlaIeiesi , we be , . adopted * e
Yellow Wrapper ; * only .anhm
MTaIlyrtleul , vy pemnii. $ , hIth w.
sir. Mad tree hi mmiI , 4Tb. ips.
ciii. Medicine a a1 l l cbijj1i at b'L p peek.
k IS , or win be Nut tie. b7
, n&fl o * the ' ° e.4 of the ncw ky a4dre.n
TIIEOIIAY MmiDIcmNmi * , . . isuitein. N. 'I.
5.14 ii O.k * ipT C F ( l.v.iei&a. iv lPmk. . . .
-
uetra1Ian Itheop.
San Francisco Call.
The steamuiiiip City of New York ,
which arrived from Sidney on the 7th
inst. , brought to this port among its liv.
lag freight fifty Imoad of Australian sheep ,
imported by J. B. Haggin. At Limo first
glance itwouid seem like "carrying coals
to Newcastle" to bring sheep from far.
away Australia to California , but a brief
explanation of the reasons for so doing
will at once show time importance of time
undertaking. Australia , as many are
aware , is one of the greatest wool.pro-
( lacing lands in the world , in fact , wool
is the leading staple of that great island
continent. The umriginal flocks of those
colonies are believed to have- boon deny.
ed from those of George JV. which in
their time wore the wonder of England's
yeomanry. Upon this foundation the
Australian sheep owners have , with care
and persistence , bred a distinct class of
sheep , more closely resembling the Spaa.
ish than time French menino. The Aus.
trahiana have in times past imported
sheep from France , Saxony amid England ,
while our Vermont-raised flocks , the
highest staimdard of the American wool
producers , have contributed fresh blood
to reinvigorate the Australian sheep.
Particularly in thatcountry has the breeding -
ing stud.aheep been carefully managed
and the result is , as Mr. Haggin believes ,
that time Australian sheep are to-day for
wool.producing purposes superior to those
of Califonmmia. Their wool is free from
grease and has therefore less dirt in the
fleece , a matter of great moment when it
is censidored timat wlmero ummwashed wool
is transported for long . distances the
freight charges arc considerable. Again ,
the wool of the Australian is of bett.r
quality and soils at a bettor price ; it is
not so close and the fiber ii fully as
strong and fine as the American wool
amid rather excels iin length. dor these
reasons Mr. Haggin has concluded that
the intermingling oL.tho bioo of these
famous woi producr of Australia vith
his California flocks will benefit the
latter. About ten years ago he imported
five Australian sheep , but mme particular
attention was paid to time results obtained.
Two years ago Mr. Haggin imported five
other highly bred Australians and inter.
bred them with native-born sheep , the
progeny showing up stronger and hardier
than pure.brcd natives. Satisfied with
the result obtained , time present imports.
tion of fifty wa made. They were
purchased by Mr. Haggin's agent at the
ureat annual studsheep sale in Australia
of 1883 , at prices ranging from 15
guineas or about 76 , to 150 guineas , or
$776 50 each. Of course , the expense of
bringing the sheep to this country is
considerable , and , as yet , no other
person 1mm Bought to import them. The
lot mentioned are now at Sacramento ,
whore they are attracting a good deal of
attention from sheep raisers ,
The finest alterative and anti-bilious
medicine on earth , is &ma.tUam Ncr.
vine , $1.50.
"The doctors said my child musf die
with spasms , Samarilws Nervinc cured
him. " Win. E. Tanner , Dayton , Ohio.
At druggists.
The seventieth anniversary of Perry's
victory over the British on Lake Erie was
celebrated in a binefitting manner at
Eries Pennsylvania , on Monday. The
Anthony Wayne block house at Prosque
Isle was decorated and the Erie fire department -
partment paraded in honor of the
event.
hear Him.
"I/ed new. I was afflicted with sick headache -
ache and general debilitybut Burdock Iiiood J34.
ters brought about an mmmnedlato improvement
in may general health. I consider them
time best family medicine In the market. "
Adolph Lahloz , Buffalo N. Y.
Sir Edward Reed , M. P. , owns no less
thmami 2,000,000 acres of laud iii America ;
time Duke of Sutimerlammd 4,000,000 , Lord
Dunmuoro 150,000 and Lord Dmmmmraven
to,000 ; acres ; Messrs. Phillips , Warren
& Co. own a farmim of 1,100,000 acres ; time
heirs of Cal. Murphy , 1,100,000 acres ;
II. Disstomi , 12,000,000 acres , amid time
Standard Oil compammy 1,000,000 acres.
North Polo Expeditious ,
Prize fights , lotteries , walking inatchmee , and
balloon mucoimsions are usually humabugs of the
worst sort. Br , TIronaa' Jckcric Oil is nuit a
stumumbug. It is a quiclc cure fur aches imnd
prairia , and is just mu good for a lameness.
A POSITIVE
box Mo. i willcoro any ca.otmm tour day. or less. No ,
2 wIll lure thu inootoliotlnato case nomettorot how
long standimig.
A/Ian 's Soluble Medicated Bougios
Mo asuocouc doses of cimbob , , capable , or oil of as. .
thuj wood , hid arc cerlal , , to Irotlulco dy.pjeIs by
destroyluS the coatlng.of the otolimaci , . Price 1 ru.
Sold by all drugIts , or nialloti Oh receipt of vrlco.
For , further oartlcmimars scott for circular ,
, IO. hoe ir33.
J.
Broom Corn
MACHINERY !
A rui.i. LINP.-coNsIsTmNa OF
DOUBLE CYLINDER 6CRAPERS
-AND-
HORSE POWERS
2Lt : oiL.
The Best in the Market
Menufsctum4 by
0. 0 , COLTON & CO. ,
( h1cbri ; 0.
arseud for cttci..t aaJ I'rioo hit.
11P ! !
- , .i 'p.1--
w lj ;
. D. O1tXE'S
This Electric Belt will Cure the 1ollow.
ing Diseases Without Medicine.
reins In the Back , mmlp. , 11usd or Utah. , Neroo. .
Debut7 Lumbago , General Debility , Rheumatism ,
i'srelye ! , , Neuralgia , Sciatica , Plies. . of the Kidnap
Spinal Plea.ce , Torpid Liver , Gout , Soxuel Rihous.
lion , Seminal Enileelon , , Aethma , Ileart DIoso ,
Dyapepels , Constipation , F.ryelpela. , indigestion ,
lierule or Rupture , impotency , Oatarth , Piles , Epi.
bay , Dumb Agu. .
$8,000 Would NotDuy It.
DL 110cc.ha , . used your Electric Bell i
enme time , and it ha. don. all that your Agesi
claimed for It. Any on. troebled with zhenmitlm
or ecletira , I would esy , buy Horns' . Riect.no B.ltf or
one of the thirty Cohen belt. cured moo of the ahoy.
diacue In a abort limo , Any one wlthlng to confer
with mae , ran do so by writing or csidng at my store
1420 Doig1aa St. Omtha Neb ,
WILLIAM LYONS.
I cheerfully recommend horn. ' . mactHe Pelt as an
eiielent cure for rheumatism , Laying wore one f.
that malady.
A. U , UNDEIUIILL.
Nor eel. by rest. Bin' . , Coutcil Pluft. , Iowa.
MAIN OFFICE-C.pposlt. Voit5ice , France , Block
jgor Sal. at U F. Goodman. Drug Store I1i
arnam Street Oizehs
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- .
DR. FELIX LE BRUN'S
a G
raywriyi : D CLYMII.
FOR EITHER SEX. /
ml , r.ed3 belnt Lujectd dir.etly . 8k. seat f
the . , . . . , lequires 5I chug. of diet so nn.ucu ,
Meteurtel or pot..no. , medicine. to be taken boUrn.
elly , When ed a. a pr..ntive by elites sir , Iii
Impossible to inniract any private the.ess ; bub m. lb.
es. . .1 those already uudorteaaky eOlois.t we par.
asia. tkto. boxes to sure , or we will reIwad lb.
money , Price by mall , pocts. paid , O p. , b.z .r
lkre. b.xes for i.
W1tITTZN OUARANTZ
iieI by afi ath.thwst qeeti. -
Dr.FolixLeBrun&Co (
8oL ritornirromts.
C. F. Goodi.am , , DnIgI. $ , SoP. Agest , for Omame
1T.b Eewiy t
Health is Wealth
Dr. ii. 0. West's Nerve and Brain Treetm.nt ,
guaranteed spedflo for lIyeteria , Diezincas ' VOOrUI
lion. , Pit. , Nervous Neuralgia , ileadacbe'kerou.
Prostration cauqed bi the use of alcohol or tobacco ,
Wakefulness Mental Depreoslon , Softening of the
Brain , resulting In Inesofly and leading to misery ,
decay end death , Premature 01d Age , Barrenness
Lose of power In either us , Involuntary Los. . :
Spormatorrbcoa us.d by over ezertloni 1
brain , .elt.ebuee or oyer.indumgence. Each
t&Ins one month' . treatment. $1.00 a be ; ar
boles for $6.00. Sent by insu prepald on receipt
prior
WE GUAIUNTER SIX BOXES
To cur. any rare. With each order received by .
for six bore. accompanied with * 5.00 , wswliiend lb.
purchaser oar written guarantee torefundtioeinon.y
If the treatment does not aiiec * a cure. Guarantees
ned ooiy by C. P. GOODMAN
inke wi flyny lit Omaha Meb
aEO. P. MULOON ,
Caiago & Wagon Makoz'
BLACKSMITIZINO , iIORSZSflOxINQ ,
Jobbing of all Kinds Promptly Attended To ,
Now end second band boggle. and wnoms niwnyp
on hand. cEO , P. MULDOON ,
Cit. 11th and Lseesworth.
Etib1i1iec1 iii.
wit I SMSOli !
_ _ _ _ _ _ _ _ T1I'LADING . - .
barriage Factory
_
,
1409 and 1411 Dodge SIXea ,
_ _ _ j _ .
OMAHA , - . . . . NEBRASLi.
On Long Time--Small Payments.
At ! Iauufacturers , Prices. A. ilospe Jr.
isle DODGE TiiL
_ _ _
w-M : S3rYDH : : a ,
T
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- -
-
-
I
0
- .
-
) ZANUNAYI'ETRBR OF ON STWOTrJV PIIIST.CLA.SS
Carriages , BugieRoaiI , aous - 1 :
AND TWO WkLJEL CARTS.
. 1310 and 1320 flemey Street endf4Of S. 13th Street , ' - . -
u.trsted Catamoue furnished free upon applicatlan. OMA9A , WEB
A. II. . IAII1Ery : : , '
) .L4NUFACTUIIER OF FINE
llues , Crres ! d Zrill ¶ ous
My Itepoeltory Is conotantmy Shed with a select stock. Beat Workmanship guaranteed.
Office and Foctopy S. W. Come , " 16th and Capitol Avenue , Qmaha
- . 1 II c , L1. 1A -p r I _
ASK YOUR GROCERS omt TIlE f
1OMAHA DRY HOP YEAST11
WARRANTED NEVER TO FAiL. J --e
IManufactureci. by the Omaha Dry Hop Yeast Co , I
CORNER ISTJI AND DAVENPORT STREETS. OMAHA. NEIl.
Anheuser-Buach
$
. ' BREING ( ASSOCIATION I
CELEBRATED
Keg and Bottled Beer
Timis Exceliemit Beer speaks for itselt.
'
ORDERS FROM ANY PART OF TH
. . STATE OR 'I'LIE ENTIRE WEST ,
.t LOIM ( .1 : Promptly Shipped.
ALL OUR GOODS A11.E MADE TO TUB STANO4RD
fcu-L:1.I.
I
F , SCHLIEF ,
Solo Agent for Omaha and time West.
Cor , Otim Street and Capitol Avenue.
dIlth
- saps
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