THE DAILY BEE ,
OMAHA Owen No. 914 AND 010 FAIWAM Sr.
NBW YonK Orncx , Jtoou C5 TntnoNi liciuv
1KNO.
every morning , except SumUy. The
only Monday morning iltlly published iu the iUt .
T R\H nr UAK ,
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MtMonthi . 6.00 | On6 Month . 1.00
The Weekly Ucc , Published every Wedmidny
TSRXS , roairiio.
OneYotr , with premium . . . . . . . . .t 2 CO
One Ye r , without premium . I 2 !
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All Communication ! relating to News and Edltorlvl
rmttors should be iJJrcsat J to the Enito * or tin
hit.
BCIItUI IITTXM
All nuilnesi tetters nd IlcmUlwces fhoulJ h
uldrcaecd to Tim Iliir. Puntismxo CoxrANT , OMAIK ,
Jr ft , C hecks ami Vast office orders to bo mvle pay
able to the order of the company.
THE BEE PUBLISHING CO , , Pfftps ,
E. ROSEWATJJU , EDIWI.
A. II. Fitch. Manager Daily Circulation ,
P. O. Box , 483 Omaha , Neb.
Bunciuiui of tlio mint must
go. Ills name is ngalnit him.
MAYOR BOYII h a gone to Washington
ImtUiD government in Omaha still lives.
THE ItcpuMcan h&a loomed not tc
monkey around the buzz saw ffhilc It li
motion.
TUB next tlmo that Vandorvoort cir
culates that exploded aUndor ho will be
called to account for It in the courts.
ILLINOIS la threatened wllhnnextra ses <
lion of Its legislature , which haa already
been in aebslon for nearly six months.
YAunr.uvoouT tcutiOod that ho Lnd nc
uao for Rosowator. A man by the name
of Gresham had no use for Vnndarvoort.
Uonce those tears.
DUIUNO the ( rial for llbol , which has
just been concluded in the district court ,
the presence of Frank Walters was sadly
inlsjed by tbo proprietors of the
lican.
ACTINO-MAYOH BECUEI , is a very safe-
man nt the hold of municipal nlFalro.
lie will discharge the dutlca ns well as
they have over beeu by any of hit pre
decessors.
THBUK ia no tolling what a day will
bring furtli , but it la not very likely that
it will bring forth the resignation of
Marshal Bierbowcr , If Mr. Boyd knows
hlmsulf or hla son-in-law.
Mn , TUUUSTON thought it was very
audacious for the editor of the BEE tu
come Into coutt and ask for a vindication
at the hands of a jury for a llbol. The
jury thought otherwise.
TEE corporation editors and hench
men who have made it their business to
ro-ccho the stale slanders emanating
from the Republican office better take
warning from this tlmo forward.
STAI-LETON , editor of the
Djnvor News , has been rewarded with
the appointment of moltor of the mint in
, ' ' that city. The only experience that he
hni had In that line Is with mint juleps.
THE Buckingham theatre ro-opons to
night under a now management , find
with a moral performance. The transformation
mation scone , under the auspices of the
Women's Ohriatlan temperance union ,
trill no doubt bo a pleasing epactaclo.
AMONG the charges filed against a west
ern postmaster Is one to the effect that ho
has been an agent to procure subscribers
for the New York Tribune. "Offinelvo
partisanship" is certainly a very elastic
device , and on bo stretched In a wonder
ful manner.
A MONO the many candidatoa for the
postmastcrship of Qulncy , Illinois' ' , h a
man named Cleveland who has bocn ad
vertising himself as a cousin of the prosl-
dent , nis chances were considered good
until the president declared that ho was
no cousin of his. It would scorn that
this convicts the Qalncy Cleveland of
trying to obtain a postollico byalso
pretenses.
Piioi-EUTY to the value of 88,750,000
waa destroyed by fire in this country
during the month of May. This is about
ton per cent more than the average Iocs
in the eamo month for the last ten years.
The Increasing waste cf our national
wealth and resources by Ore is ono of the
most eorlous problems connected with
the business future of the country. It
Is a drain which is constantly growing
more serious and at the same time moro
_ ' Inexcusable. With Improved methods
of preventing end putting out fires , there
ought to bo an Improvement rather than
change for the worse , and the concla-
slon Is almost Inevitable that to careless
ness alouo is duo the greater part of the
heavy fire lotsos of the United States.
So many unroonatruotort and unre
pentant rebels having been recognized
and rewarded by the administration ,
JofT Davia naturally assumes to have
seine Intluonco with the democratic bosses
at the national capital , Ho has recent
ly furnished nn oflico-scokor from Cal
ifornia , Samuel Brooks by name , with a
loiter recommending him as a sulUblo
person to bo appointed assistant treasurer
at San Francisco. This man Brook a
TTSS ono of the seconds in the noted
Brodcrick-Torry dne ) , and wai known
all tlrough the war ia arobelaymp&-
thlzer. It is this knowledge which en
dears him to Jeff Davis , and bringi htm
forward as an Indortor of brooks. It
rcmr.ina to be seen , however , whether en
endirioment from JclT Davis cairlcs nuj1
wt'ybt ' with it , and whether Mr. Cleve
land can affcrd to r.cognize him , even if
lie lir.3 bought other rebels to the r nt , i
A VINDICATION.
A jury of twelve men , good and true ,
haa at Itat , after a full heating of all tes
timony that could bo gathered and a
thorough discussion by able counsel ,
completely exploded by Us verdict the
llbolous story that Edward Rosowntor ,
editor of the BEE had been disloyal dur
ing the war , and was acting as a confed
erate spy. This malicious slander , like
scores of other baseless falsehoods con
cerning his choraster and conduct , had
been concootod and circulated by a g ang
of political desperadoes , having their
headquarters nt the Omaha Republican
oUe. ( For yearn a bushwhacking war had
been kept up through that paper and
Its satellites upon the editor of tha BF.E ,
and the onlyredroiaaQardodDgatostthcso
Ihgrant outrages were repeated denials
through tha columns of this paper. Tltoro
Is , however , a limit to endurance oven
with the editor of a dally paper , who haa
served as s target of malice , slander and
vile calumny. When the Republican
two yik irt ago maliciously ropnbllshod a
charge emanatinc * from ono of its
country satellites , charging Edward
Rosewater with being a confederate
spy and a traitor to his country ,
complaint was promptly entered against
Casper E. Yoat and Fred Nye In the
in the criminal court by him , and a civil
damage suit wai also commenced against
the Tribune printing company , publishers
of the Republican. The parties waived
examination in the police court and cs
capcd indictment by a moro scratch. The
fact was that the grand jury unanimously
Indicted Ycat and Nye , but through tome
peculiar method beat known to thoao
parlies , the vote WES reconsidered and
the Indictment qunsliod by a vote of
eleven for indictment and five egalnat.
Even this waa within ono vote of the
number necessary to indict.
And now after two years of doloy the
civil court has paascd upon the CJEO in a
regular jury trial , and the verdict ia not
merely a vindication for the editor of this
papar but an emphatic rebuke to the
slanderers , Ordinarily the editor who IB
competent to successfully conduct a daily
newspaper , can fight hla own battles
without the intoivention of the courts.
The license which the press enjoys in
controversies over public questions and
the attitude of editors with regard to
their respective positions is very
broad. During heated campaigns edi
tors may lose their temper and
call each ofhcr knaves and idiots , with
out any retort to law. But when all
bounds of decency are overstepped and
slandera arc forged for the purpose of
blackening characters end destroying
popular confidence which is the basis of
Influence and prosperity of any newspa
per , the editor haa only ono of two meth
ods of redrois loft open to him. Ho may
take the law into lib own hands by shootIng -
Ing down the malicious libeller , or he
may appeal to the courts for a vindica
tion. This was precisely ; the
case In tills instance. The
proprietors of the Republican had
fabricated icfamons falsehoods and dam
aging Hboh , and in splto of denials , kept
up this system of bushwhacking because
they regarded themselves as privileged
to make a target of Edward Rosowater.
There was no political campaign pending
in December , 1882 , when they repnb
llshod the confederate spy story. They
know it was false , but they republfshed
it because it served their purpose in prej
udicing the old soldiers of Nebraska
against us. Called into court to answer
for this libel , they defiantly sot up tha
plea that Edward Rosewater had no
character in this community , and further
more that the confederate spy story was
a notorious fact. When called
on for the proof they
not only failed to make a showing , but
their llbala were disproved by indubit
able testimony of the loyalty and efficient
services of the plaintiff In the union
army. Thus their Infamous charge was
completely refuted , and the slanders for
ever tilcncad with regard to this libel.
Incidentally wo rn&y remark that no
attampt was made on our part to oitab
llsh consequential damages. Although
the suit was nominally for 810,000 , the
amount awarded us was all that could
bo expected. It carries with it
conviction for libel just aa
it would have been through a verdict of
guilty in a criminal court. If it puts an
end to disputable- journalism as carried
on by the subsidized corporation organs
in this 'slate it will prove beneficial
bott to the profession and the public ,
THE recent shipments of Omahadroisod
beef to Boston has attracted a great deal
of attention , and our city is receiving
considerable free advertising , of tbo most
encouraging character , by reason of it.
The Boston Advertiser says ;
Omaha , is "bound to be hi ? , " is the cry of a
Nebraska writer who ia devoting hla energies
to "booming" the city named.'AaJDuluth aims
to draw wheat away from Chicago by oetab
tithing better elevators and a cheaper line of
tramportntion eastward , ro Omaha is prepar
ing to localize tha daughter house business ,
and send only butchered meat across the Mis
sissippi. It costs more to transport live flesh
than that already packed for the market
This point ii now being forcsd home on sellers
In Omaha by the willingness of local slaught
eroiB to pay more for live stock than the
agents of Chicago firms are prepared to
Consumers ought , In tbo end , to benefit by
this tendency ,
THE Omalu frloudj of R. B , Harrison ,
auayor at Helena , Montana , will read
with pleasure the prompt denial that has
been mcda to the charge that ho had boon
using the government for money specu
lative purpjics. The telegram making
this serious cbsrgeand which waa cent
out from Helena , ia pronounced a forgery
by the authored agent cf the assorted
pices whoso iiiuio waa signed ID it. It
r.f peara that thcra is no evidenca whatever -
over ujalnst Mr.Hudson , and that hla
accounts have been so ndjustod and
found correct.
OTHER LANDS THAN OURS.
Llko a thunder clap from a clear skj
there comes the announcement of the
defeat of Gladstone in the house of com
mons on the cocond reading of the budge !
( appropriation bill ) and the dissolution
of the cabinet. On the eve of a general
election Gladstone and his ministry an
compelled to make way to the lories whc
have no batter hold on the commons 01
the people than the liberals have in thli
crisis.
Neither the calamitous campaign in the
Soudan , nor the Afghan affair , nor yd
cccrcion in Ireland , could accomplish whal
has bocn brought about by a slight in
crease in the tax ° s of bncr and spirits
This was a question that came homo to
the Btitish bosoms and business. When
Mr. Gladstone wrung his hands on the
announcement of the vote ho was proba
bly thinking less of hla own defeat than
of the potty Issue upon which It wai
achieved. Ho may have bocn thinking
in that moment of the scorn which the
government of Europe would ex
press over the people who could con <
template with comparative stolidity the
disasters around Khartoum and the hu <
mllity of its diplomacy by Ruesla , and
yet could bo aronaod to the overthrow ol
its govormon1. by a chilling Increase it :
thojtax of whisky.
While the whole strength of the oppo
sition waa put forth in the vote of Mon
day , there were many nbsonseoa on th <
government benches. Should the torio :
accept power now they will bo likely tc
encounter a hostile honno on very differ
out questions than the increased taxca on
beer and spirits.
In the general elections which will be
hold In November the real trial oi
strength between parties will bo made ,
and the rzsult will probably determine
the control of government for years. The
liberals have a dccidrd advantage in the
contest in the extension of suffrage to n
million of norr voters nud in a new dis
tribution of scats. Poceoaiion of piwer
iu most countries lo regarded as advan
tageous in political contests , but
government pressure is little felt in
English elections. In the coining contest
the narrow issue presented by the toiles
in the vote of Monday ia the small increase -
crease in the beer and whlakoy tax , or ,
as Gladstone put it in the debate ,
whether iu raising revenues , choice shall
bo made between alchololc llquorj or the
innocent beverage of tea. This is not a
question upon which a great party can
go to a country and claim its confidence.
Of course the torles will endeavor to
make the most of the Soudan calamity
and the government's policy In Egypt
and Afghanistan , bnt upon these ques
tions the sentiment of the English people -
plo is unmistakably on the side of the
defeated ministry.
History Is perpetually repeating Itself
especially in political affairs. In 1846
Peel won tbo grealostof his parliamentary
victories under tragically adverse circum
stances. On the very day that t1 o Times
announced that he would propose the
repeal of the corn laws an acute cabinet
crisis came on , and Pool absolutely wont
out of office , though it was to return to
the premiership attoc a fortnight of con.
fusion , "like , " to quote his own words ,
"a man restored to life after his funeral
Bervlca hsd been preached. " The corn
bill passed Its final reading in the house
of lorda on Juno 25 , and on the same
day Peel'o ministry was overthrown on
the Irish coercion bill. "Ho bad crushed
O'Oonuell and carried free trade , and
O'Connell and the protectionists had life
enough yet to pull him down ,
like a conqueror who , having
won the great victory of his life , la
struck by & hcstila band in some by-way
as he patses homo to enjoy hla triumph. "
In 1873 Mr. Gladstone , tbo first English
prime minister who had ever really
periled office and popularity to servo the
interetts of Ireland , was defeated on the
bill to give Ireland a national uniyoralty ,
through Irish votes. When ho resigned
Mr. Disraeli declined to form an adminis
tration with tlio existing house of com
mons , and on being urged to take office
and dicaolvo parliament , refused declar
ing that the functions of an opposition
were critical , and ho had nothing in par
ticular to dissolve them lot the ministry
dissolve. Finally Mr. Gladstone returned
to office for a few months ; then
dissolved the house , and went down like
a stone in tee troubled waters of the gen
eral elections Lite in 1878 Lord Boa-
consfiold returned from the ccngreco of
Berlin such a popnlcr Idtl as hcd not
been known in thu political history of
modern England. Early in 1880 ho ap
pealed to the people , and his administra
tion waa burled under an almost unpre
cedented parliamentary majority. Mr.
Gladstone returned to office with a clear
majority of sixty-two over the conserva
tive's and homo rulers united ; ho haa just
been beaten by twolvo. It is worth remarking -
marking that during the Victorian nge
a dissolution hat been singularly fatal to
the ministry bringing It about.
It is difficult for impartial lookers-on
to account for the wild enthusiasm cf the
Pfij nellltos over the defeat of the Glad
stone government. The cable tello us
that they pointed their fingers at the
premier , yelling the while : "T at la
the price of coercion ! " "Down with
Buckahot Forstor ! " "Remember Myles
Joyce I" and other hot taunts , Appar
ently they could not have boon
moro fiercely glad if the vote
that laJd low the Gladstone gov
ernment had insured Iceland its inde
pendence. In the estimation of the so
ber observer Ireland has far loss to hope
from the party with which the Parnell-
Itou voted than from a government under
the leadership of Gladatono , However
much ho may have failed to do for Ire
land , however exasperating may have
been his half-way measures , however
harsh and unjustifiable may have been
the enforcement of the coercion
act , no ono can deny that in the five
years since his last assumption of the
duties of procaierchlp the condition of
Ireland hat been constantly ameliorated
through hla wisdom , forbearance , and
great parliamentary astuteness. The
peasantry of Ireland have nothing to
dope for from the secession of the tcries
ti potrer , whatever course the Irish par-
iiaaoat may pnrsuo. The tory leaders
by tradition , uuociation , social relations
ind political bent era the friends of Iiieh
andlordism.
Sir Peter Lunudon on his way back to
England , has stopped in Constantinople
, o protest ogiicst tha folly cf baaing the
rentier between Afghanistan mid Rat-
ian Turkoyatau upon ethnographical
lonslder.Uioua , and bo predicts a speedy
onewal&f the trouble baU-een Great
kllaiu and Hassla as n resale of taking
ho population of the dlepated territory
nto acout. Only those fciniliar with tlio
Ilitribution of tbo tribes niidmco ) which
.cVnofflcdgo . the soverignty of the Ameer
iu rppieolfcto the forca cf thla point , ncd
in all future Afghan complications it will
bocstontial to n clear understanding of the
situation that Afghanistan , bo Kcjgnizod
as Iho homo of many nationalities totally
unlike the Afghans and tcnrotly hontllo
to the ruling mco. Therein lies Eng
land's great disadvantage as compared
nlth Russia ia all dealings with Afghan
istan. The Afghans proper mostly live
in the eastern half of the country , and
( ho fiercest , moit intractable tribes in nil
Afghanistan are next to the British front
ier. It is impossible for England to en
ter Afghanistan ns an enemy without at
once encountering the whole strength of
the most warlike , bigoted , and Indo-
poiidence-loving mountaineers in
Asia , and a British army marching toward
Herat nonld bo Hanked for hundreds of
miles by a race of warriors who cannot
bear to ace foreign eoldlors on their terri
tory. On the other hand , Russia faces
the part of Afghanistan , which Is inhab
ited by Turkoman tribes , Persians , and
nomad races who tmto the Afghans , or at
bctt are very indifferent to them. In
Herat there are few Afghans atldo from
the soldicrj of the garrison , and the whole
surrounding country ia open to Russian
Intrigues.
The recent visit of the English min-
iatar , Lord Roaobory , to Count Bis
marck , although it lasted but fcrty
minutes , must have bocn somewhat unpalatable -
palatable to that diplomat. According
to the Berlin correspondent of the Lon
don Times , during the forty minutes
Bismarck had tlrao to notify Lord Rose-
bery thnt England ought to quit Egypt ,
the Soudan , and Afghanistan. As to
Egypt , ho expressed himeolf very reso
lutely to the effect that , os Mr. Glad
stone would not follow his first advice
and Anglicize it , ho must notr interna
tionalize it by putting a strong and
popular khcdlvo on the throne , then neu
tralize the country and leave it to take
care of itself. As to Sondauho was of the
opinion not only that England must got
out , but tint she mint itetill either Italy
or TurKey an her successor not only in
the Soudan but atSaaklm and on the up
per Nile. About Afghanistan it ia said
Bismarck spoke with moro than his "us
ual fraukncsj , " and declared that It was
foolish to dream of defending India by
guaranteeing the northwestern irontlor of
Afghanistan. "This , " aavs the Pa'l ' Mall
Gazette , "is the German idea. Russialike
Austria , is to bo pushed eastward. 'Drnng
nach Oaten' ' ! H thu watchword of the
German both iu Vienna and In St.
Petersburg. It is more convenient for
Europe that Russia iliauld break her
teeth on Afghanistan rather than on
Turkey , therefore England had hotter
get cut of the way and abandon the
ameer to Russia , oven before she aban
dons the khedive to Europa. Bismarck's
views of the situation must bo quito in
teresting to the tories , who are now about
to come into power , especially hli
"frank1' view of the Afghan squabble
particularly as these same torlea only i
few weeks ago were howling thomselve ,
hoarse fcr war.
Russia'a shcmo for the construction o
a ship canal and connecting the Baltli
and North eeas , of the cost of which she
proposes to pay a little less than ono
third , and leave Germany a little moro
than two thirds , ia interesting from a po
litlcal aa well as a commercial stand
point. If such a canal were opened
it would at once become uu import
ant highway of British commerce
and as such might load to complications
between England and Germany in caaa
of wur between Great Britain and Rus
sia. Moreover , the joint ownership of a
canal by Russia and Germany would nat
urally draw the two countries closer to
gether , and anything which worked
against England and in favor of Russia
at Berlin would be deemed by Muscovite
statesmen worth accomplishing at any
coat.
It is curious to observe how the vari
ous European nations seem to have
awakened to the opportunities for ag
grandizcmont presented by Africa. Up
to half a score of years ago It seemed
that they regarded the "Dark Contl
nont" aa a mysterious resting place for
fevers , ague , bloody sacrlficas and hope-
legs idolatry. Oa the west coast the
English , French and Portuguese have a
tew small trading stations , barely recog
nized by the homo governments , and
studiously neglected in every political
sense. Algiers was bat a training ground
for the Frenoh army , and the Cjpa set
tlements were maintained unwillingly by
the British , principally because Capo
Town WAS a convenient coaling station
and harbor for national ships going to
India and Australia , To-day almost
every European powar , except Russia , Is
contending for the mastery in various
sections cf this long-neglected section of
the ftrtilo world. Tie Congo country
has been eo'zjd upon nominally
bo nu lod-jpcndent organization under
dor the protection aud pauonago of the
king of Belgians ; really , os any one can
see , to become in time a source of qciar
rol between England , Franca and Ger
many. Italy has her designs on Tunis
and the Red Sea lltt-rjl ; Spain seeks
"territorial compensation" in Morrocco ,
and now comes Germany with the sud
denly developed determination to
paronlzo , control , and finally own ,
the Sultanate of Zinzlbar. The
sovereigns of this country for two
generations past , while malntaing
friendly relations with the Portuguese ,
have had , for the principal article of
their creed , belief in God and the British
government , occasionally transposing
the order of their names when the latter
seemed specially powerful. The Gorman
kaiser , , or , rattier , Prince Bismarck ,
seems to have come to the opinion
that this Is a fitting tlmo to
convert his present irbjcsty of
Zanzibar to a new faith. 'Anyway , a
powerful German fleet has been ordered
to tbo port of Bellod-Xmzlbar , with in
structions to bring tbo sultan to a realiz
ing sense of his true position , and partic
ularly to convince htm that ho haa been
nnwlso in placing faith in the sayings of
the British consul.
l rfitiy i'riKlluli ,
I am a modest little maid ,
Who tbmks it more polite
To bid a man "good evening , "
Than bid a man "good night , "
And if the human members
Are introduced by him ,
I always call an arm nn arm ,
A leg a "lower limb. "
I am a modest little maid
Who never goes to bed ,
I5ut to my chamber I "retire"
Most properly Instead.
Ami when the chaato Aurora
Unseals my sleepy eyes ,
The net which some call trettint ; up
I deaignato "to rise , "
I niver apeak of fiollng elck ,
But say that I am " 111 , "
Anil being in my Uretstng-gomi
1 style en dlsli&billp
in fact , I always heiitato
Tu call a epaiiu n ijudo ,
Hecauio. vou see , I try to 1)9
A moduat little maid.
- [ HOBKIII GllANT. in Uf .
rCharlen Warrea Stoddard has accepted the
halrtf KDglMi literature In the university cf
S'otio ] > au.u , Indiana.
THE CELEBRATED CASE ,
Arguments in tlio Case of tic Uuitci
States ys , Brighton Ranch Gat-
tic Cflinnaiiy ,
Justice Sftinucl P. Miller Holils
Special Session of the U.y. Circuit
Court Arguments or Dint , At
torney J. II. Ijiunbertson
nud JudRo AVonlworth.
Justice Samuel F. Miller called i special
session of the IT , S. circuit court for Ne
braska nt 10 o'olok.this morning , for the pur
POBO Ronorully of hearing n few motion * that
hud been tot down to come before him , and
especially to hoar final arguments in the oal <
obr.Ucd Brighton Hnuchocise. The vener
able juatlco said that ho could not spare more
than two days' time hero , and in view of the
sultry weather it was his dcairo that the nt-
tonioya bo aa brief as poatib'oin the presenta
tion of their matters. Members of the legal
profession present were I * . S , District Attor
ney J. H , Lvmbartson , K.M. liurkloy , Judge
Woolworth , lion. N. S , Ilarwood , and T ,
M. Marqnctt , of Lincoln ; G. S. Waldo , of
Uljseosj Judge Do Wif-ht Hull , Mr. Qalnn
and C. E , McGould , of Lincoln ,
After hearing n few preliminary motions ,
the Brighton Haccho caeo was called. Dis
trict Attorney Lnmb ° rtsou stated that ho
had been requested to withdraw tno name of
0. S. Webster , who linn horotoloro nDPbsrcd
as ono of thu attorneys for tbo United btntoj.
Mr. Limbertson , on behalf of Undo Sam ,
presented the case , which , In substence , ia
thnt nn February 15th , 1881 , n bill of partic
ulars was filutl ngainst the Brighton ] tancho
company and Vergil Allyn , charging that by
enclosing f'J.OOO acres of land with n barbed
wire fence , thov had intimidated nnd ob
structed people , who had desired to perfect
their rightfl na homesteaders ; it la nleo stated
that Iu the light of all allegations sot forth
defendants have greatly interfered with the
progrees of agriculture , by fencing up
these public lands. In applying
for an Injunction , nnd when
the answer was made , said answer proclaimed
thnt inafimuch ui tha Brighton r.inchq com
pany had been organized for the cultivation
and maintenance of blooded livestock in the
etato , they could not well do so without the
fenco. It was shown th&t n largo number of
stock cattle and ICO head of line
blood bulls were maintained there.
When the government anticipated to show
that this finco was a public nunanco they ect
up the reply that tha fonca was Decossary to
keep this 150 hc.td of bulls from runtime ; at
largo nil over the country , and further thnt
as they held n lenso or deed iu trust to the
lands , enid lands were no moro n part
of the public domain. This
rancho ia locited in Ouster county , about tw.
hundred miles west of Omnba. The cult hai
been pending einca the time stated above , one
was hoard nt some length not long ago \ > y
Judges Foster nnd Dundy , who mnclo un
order for the taking of the testimony nnd
also for n resurvey of the feoco line. In tin
meantime the Brighton rnncha company ha ;
moved its fcnco in until now tliero urn no !
over ' 10,000 ncreu within the enclosure. The
government c'nims ' that of this amount then
are nt least 16,000 acres unset'led. At the tim >
this suit wna brought , antd Mr. Lambertson
therp was uo law of commerce to prohibit the
fencing of the government domain. But since
that time there have been enactment * made ,
arid a number were read which prohibit
any oecloniro of the public domain
lint whether In this case [ the funco cun bi
sailed an enclosure , considering the fact tha1
there are tn-o pans or openings , each one
luartor of n milo in length , it would eoem tliat
.no enclosure waa tuflicieut to answer nU pur-
[ JOBOB for retaining the stock nnd also bu cu
'ffectual obstruction to the settlement of gov
ernment lauds on the insldo. In support of
this position , the district attorney qmte elo-
mently declared thnt the more existence of n
ienco was sufficient to koap out settlers , nnd
when men in search of homes come to and
; ravel for miles nnd miles nlong a fonc ] they
anturally suppose thnt the land is
laken by somebody else , notwith
standing the fact that tboy might sco just
3ver said fecco many clninna of desirable Innd.
The boldness , effrontery nnd cool nudaclty ,
: ontinued the spcnkor , which these men have
js&umed in appropriating unto themselves
property belonging to somebody else isvlth -
mt precedent. Tha settlers who do own and
ive on claims within this stupendious en
ilqsure are constantly annoyed , harassed and
Iriven almost to despcr.Uion by the com
lany's cattle destroying their crop' . The
jrnvado conduct of Vergil Allyn , and tha in-
imldatlons that he used nt numerous stated
limen , to C3wo and conquer pnplo inclined to
lefy him a little , weie eot forth at length. To
he uiauucr in which Mr. Allyn nnd
lis men rode rough ( hod , heavily armed with
evolverp , repeating rifles and loaded whip ? ,
ivcr the ranch , Is laid the primary ciuco of
me murder , of n settler , committed on the
anch. ' 'Ido not charge , " said Mr. Lambeit-
on , "that Allyn committed tbo murder , bu-
wo of hia man did , aud wo claioi that hla du
neaLur b-ought nbout the sr.d Bt.itu of affair * .
Svery omployo of the Brighton ranch com-
isny , nayn the district attorney In bis nrgu-
ncnt , took lands withia tha inulnsuto nnd
Vllyn built their housea for them. The mine
if n woman nnd five or m daughters , who nro
toslgnated iu tha district ; attorney s talk nn
'a regiiUr 1'innforo family , " nach nnd every
mo have ttken up land'i on ihorancho , come
if them KO , others 320 nnd ona or tr-o us
nuch nsISO acre's , all of which ia now cau-
rniled by the Brighton Jluiclio < ) inpauy ,
The fertility of the toil , beauty ct theconn-
ry , nnd desirability of making homes , in
3uitrr county , were fen tires tot forth to _ hid
louor nt length , tint the cream , tlio c'noiccnt
iott ( m r.nd valley luiuh in the county ara
akou n > d fbcccd by this company , nud : ioi
ibtninabl > ) by emigrants ,
"Cm the defendants rnclcfo thcon land
vttli fuic , located on lauds taken up by
cttlerj , nnd thus maintain unsettled limda
kgaiiist these seeking hoim'tV" ' was a question
if law in this CIEU that Mr. Laaib.'rtson
irguud nt length.
ID closing , the Fpeaker grow quito elc-
| iieut , nud his utteninceti were as follows :
"Well might Vergil Alljn exclaim I nm
nonarch of nil I survey. My righto , there
ire none to dispute. What wna but n barren
vasto I have reclaimed and conquered for tha
mrpoBBs of civilization. Wllh nuch feeling *
hey little thought of tlio poor homesteader
n hia dug-out or nod houio on the table land
rhere day by day ho was fighting the
iflttlu of life ; wlio looked longingly on the
mlliug valley 10 temptmcr to the few cittlo
iu hid , but who are cut ulf from the common
Ights of pasture nnd water by the Brighton
audio cjmpauy. They eay thoae lands
ra rough nnd valuless for the
iiirpoio of Agriculture. They said
xactly thu nurno thing about the lands in the
alley. But that question is not for them to
lecldn. Neither ia It for us Americans to de-
oimlno. It ia not n question whether nn
American con conquer these rough lands nud
rrrst from them n precarious living. The
0,000 Immigrants that in a single month land
n our shores may take a different view.
Vbat can the Swede , the Hollander ,
ho Dane , the Russian menonite , the Irish
ian , the Uermnn , do with these lands. It
'ill ' bo left to them to solve the problem ,
'hey will come and plough nnd till those
ilt nud rough lands , nnd prcspir , nnd tbo
nld west will become tbo granary of the
rorld. The swarms of immigration pressing
awards the minuet turniid back by the Hocky
louotains will floal all those landa with the
'presentaeiveo of all the races of the earth ,
nd the orco universal b.'llef ns to the stor-
ilitv of the roll will provo an alluiion as the
lire go that nlluied thuir advancing eU'p * ( lay
yduy Nay moro , thU mirage so entrant ;
) g to their Union throwing Into clear re
ef tieec , houses , towns , und villages will be
line accomplished fact' ,
Bioiuse thin laud in not suitable for oar !
jlturo la no answer to our argument. It ii
4lliient fur thsgoternment to Bay thin la my
ind. I have BO ; it apart for the settler , nnd
i Is for mo tq dccido whether It should bo let C
ej ncd open to them when they fra ready
> r tilt'heritage I lu\e given them. Again :
10 fettlor , with n small number of cattle , may
ant ICO , III' ) or ISO acres of thla land for the
urpoee of raising cattle , nud it may for that
urnusnbons valuable to him ns land batter
ilnptcd tu agriculture , linauto it ia tuit-
1)1 a oil ; for cattle gra/.lcg is no
lasonvihy the Brighton Kanch company
lould 'ncnopoliza ho grass and water privi
. The United SUtes in hero demandlrif
its owDjttutit be Jeft undisturbed for tin
purpose ! it wai e . spurt by congress. Tin
defendants nro treapinorg on these lindi
without nny color of title rccjgnlz'd cither ir.
equity , jtntico or law , nnd should bo oustoi
ftorn ths domnln they have usutpml. "
At the closs of Mr. I.nmbertson'i ) nrgument ,
whih continued until nftflr 12 o'clock , the
court took n rccass until 2 o'clock ,
AFTKIVXOOX SKS9IOK ,
When Justice Miller had thn court cntlrd
to order at 2 o'clock. Judge J. II. Woolwortl
attorney for the Brighton Hindi cjir.panj
cornmencsd his argument. Iu cubjtrmco he
aald : Ono settler out of tha many Ind heard
Homebody tny that they had rather have the
fen co down than thtro. Hut this witne i
testified tint ho had novir experienced any
trouble. When ho Buttered damages from
stock Mr. Allyn had paid him for his damn-
go * .
The men who nrn nutnionl ttc to Mr , Allyn
nro the ones who object to this fence. In tlio
matter of I'rnvinco' * murder , two men one
named Loug killed him , but neither of thorn ,
said Judge .Woolworth , had over been em
ployes ol the Brighton llanch company.
McUormitt nun half n dozju other men
stole half n dozen uattlo nnd made beef of
them. In this they weto Jetoctcd by Allyn ,
nud prosecuted , hence the outlandish tales
they IIKVO told In the else.
Whnt wo hnvo to determine , said Iho
speaker , Is whetber this fcnco IB u subject for
complaint , lie would not attempt to B.vy that
In per too the fcnco might prevent settlers
from going Into thnt pccllon , but that nny
settlers nro kept nway by nets of intimidation ,
violence , or force , by Allyn , la totally denied ,
On the other hand Mr , Allyn's record thowa
that ha Invited nnd solicited settles to go
within the i-nc'.osuro ' , Wltnc.'a niter witncts
have coino tip nnd testified that thcso lauds
Insldo the feu03 are divided Into two clause * ,
viz , lands fit for ngriculturo and lauds fit for
grazing purposes.
"Our fence , " srtiil the judge , "runs nrouud
the deep cut rough canyons nud low lamK
but loaves all the good table lands out , and
Iu thla enclosurs , nil the land fit for settlement
is taken. " The testimony of Mr. Michael ,
was rend showing that ho had traveled dny
after day In the enclosure to find good lauds ,
thnt were uutakon , but could find 110110.
Therefore thr change that the fence per sco
was n proven tail vo to settlement is porceptnbly
negative , Tlio matter of pnetuio nnd water
for cattle only ono man complained , nnd ho
had been ordered not to Interfere with the
wtitotlng of the eomp.viy'H cattle , to their
detriment , Much complaint was made bo
coiiso the mall bstiveou 1'Jirn crook aud Ar
nold wni prevented from crossing these lands.
The only o structions said the speaker , was n
refusal of his clients to pay the mail carrier
823 a year for opening and cloiuig agate ,
Tin only tntorlerenca nt unv time was tha
opening of gate * , of which there nro twenty
five In the feiiLO , nud how much of nn o'
atruction nro thoao to n me of the pub ! ,
landb ? The ruord ia besmeared from end t
end with personal controversies , which ar
brought into court f oi to chow the real qoes
lion nt Issue , but they nro brought In to n !
11st the court in arriving nt a moro cover
vcidict than he otherwise would do.
This fence was built nt n time when th
country wna nhnoat unoccupied. Wha
wou'd ' Imvo bon the policy of the countr ;
whether the net of 1807. ui the statut
book , stood or not , The policy of the govern
ment for more than half a century lias bor
to encourage uettlers to go upon the publi
Innd nnd locate Tha inon who came ncroa
the river in amordanca with the settled policj
ahead of coogreee , nnd bhoud of the surveyor
nt settle thia very town came in defiance o
law. When the cattle interests in thia WCB'
orn country sprung up , fuucoti were built an
uobody complained.
Had nnvbody representing tin povornmou
cnmo to us and eaid that this fence waa Im
peding settlement and blocking immigration ,
and we then would have refu-td to remove it ,
then Wna time enough to bring tu into court. .
The general drift of Mr , Woolworth'd nr
gument wa9 to tno effect that thia fencj wn
uo matter to be complained nbout in th
3jurts.
A largo amount of the testimony , and es
pecially that of Bishop , the county surveyor ,
who submitted a platt ehowing the line of tin
ienco , was reviewed nt length nud the pnnci
, > al point ) set forth to clone understanding.
The plait was shown nnd minutely ex
plained to his bonor.
But , declnrsd the attorney , ynu can't ts
, vith accuracy whuther the fence U on gnvcrU'
merit or private land , ' 'J'laiutiifcorno ' into
: his court nnd complain that the feuco is on
government laud. They want to provo it
ind that they have not attempted todo. AI-
; o eiher , where we run detatched parcels eland
and tbero in probably nbout tour mllej of the
'encoon government laud.
This brings iu to the two question ! : Tint ,
vhether the fenca is matter for complaint by
, hu government ; and , secondly , whether thla
a the proper tribunal in which to try the con-
; rovcray.
These settlers have inn-Jo claims in pur
uanco of the laws of the United States. If
hey have the right to go upon these lands ,
in provo and eojoy them , they have rights
gainst which the government can't complain.
\ number of established authorities were
[ noted from tu sustain tbo defensive proposl
ion.
Part of the fence is on patented land , nnd
low much It not ? From the record uobody
an specify , nnd for that reason the speaker
bought it would be a hard matter for
ho court to make a decree prostrating the
ence. All the charge' , continued Mr. AVool-
rorth , nbout entries of public lands In Cubter
ounty being made fraudulently and for tbo
lefenuant , nro falsa charges , nud chtirgua that
IQ cared nothing about.
In thia tourC of equity , tlio rule provides
hat tha bill complniuiug must establish that
i real injury exista.
If it is true that thia fence doesn't enclose
inds thnt anybody wants , if It ia true tbat it
lon't prevent anybody from going into the
uclosuru , then is thogorornmuat injured ? It
< t uo that soiirj jears i > u men v.jiituuto
ho fence nnd t-'okcd ' Into the enclosure , then
, -ent aw&y , but they dldu't think the laud
ma worth taking , la the only icnsou
; hy they wtnt nway. When you couio tend
nd that there are openings In the fouco mid
wonty-fivu gutou besides , how ciu ic be shown
bat trio government is injured ? "
" .inch another case c.m't bo found in the
ooks. If this action Inn any application tu
nis case , It can't bo foicad in th'a manner. "
The following statutory provision , which
nd boon quoted by the district Attorney In
' nrpuinent , wna road by Mr. Woolwiirth ,
i reply to wh ch ho cam reasons showing
hy tt does not apply :
"That no person , by force , throats , intimi-
ation , or by any fencing or incloiing , or nny
ther unlawful means , shall pre-
eut or obitruct , or shall combine
nd confederate with othoiB to prevent
ny person from peacsably entering upon
r establishing to settlement or residence on
ay tract of.publio land and subject to settle-
lent or entry under the publ o lawn of the
'nited States , or shall prevent or obstruct
00 passage or transit over or throng the pub-
u Ian Is ; provided this eectivti sbull not bo
aid to olfect tbo right or title of peraoni who
jvegono upui. improved or occupied said
inds under the land laws of the United
taten , claiming title thereto In good faith. "
Judge Woolworth occupied nbout two hours
1 hi * argument. At itaclose IJUtrlct Attor-
ay Jjambcrtsou made n biief reply
id the cat a was submitted to his honor tor
liberation.
Recent Itnllroud
Sharp competition ftnd the nccoiaity
I pDpuhuV-lng the railroul , luvo forced
10 management of the Union Pacific to
; > ply buBlacta princlploa to the conduct
f all doportaionla cf the read. It ia
Hliln the recollcc.ion of the youcgeet
atron of tbo road when freight for
maha nnd Interior polnb laid around
10 transfer at Council tUull'i for days
nd frequently Biatchora weru employed
> bant up the musing ( ; occb , and , If
innrJ , to ploid for their tra'jafer ov < irthe
liaaourl. Merchandija had been allowed
) accumulate at the Omaha depot , until
ir-kal lots were aaciir d for cortiln
ulnti , and daya vrcro confumod in
saohlng Xobraeki pciala whuro hours
ovr euflico. The nccommodatloni and
iducoaiunti now c lib rod shippers nro a
idlcil i'.nd
agrceabloimprovcmont un the
Id order. . Freight is now rscaivcd up
> 0 o'cwk every day , aad men nro om-
bjfd at night , if m-ccdjsry , to put the
axla ou the road , before morning Kvin
a single box IB given greater cure now
than car loads were a few years b\ck. if
A single loaded oir for the watt Is found
at the ( ntisfcr at night an engine la
dispatched for it , and it ii hurrlod to its
destination on the first train. | f
Thcso are some of the ap-
prcciablo changes wrought by the nor ?
managers changes made necessary by
compotltl in on all sides. Added to this
the speed of freight tra'ns ' have Increased
from fifioan ti twenty-two miles an hour ,
whllo the regular through frelghti run on
twenty-five and twenty-eight mile orders.
The increased business of the road show
how well thcso improvements have bean
appreciated and proved Iho far-seeing
wisdom cf the management.
The coming 'all Trill witness n roniark-
nble contest for the live stock traffic of
NebrAika nnd Wyoming bBtwooii the
Union I\iclli3 and Burlington it Missouri ,
The spring tussle , though a lively ono ,
was only a preliminary to what nny bo
expected two months honco. Tbo former
company is biully engaged overhauling
ell cattle cirs , and puttiog on nir brakes
preparatory to running stock tnins thirty
wiles an hour. Thosn train i will make
but few stops and will divide
rights ard honors with paJsengor iralns ,
It is quit3 possiblu that sleeping cirs for
throughbrcds and bofl'dt cars for punch
ers will bo added bofo'o the season
clrsca. Tha B. it M. is not idle hy any
moans IIR numerous tipnra tapping tbo
Union Pas'lis bt Imp nta'it points have
knocked uf ( a go"d clico of the Inttor's
revenue. The extension now balng built
from IIoldrpo to Ogalla'a fa intended as
a direct bid for a ihsro of stock
trallic at that point. OgallnU is
the heaviest stock shipping point in No-
brncka. It is In the heart of thu gracing
district of the state , and will doubtinss
hold its position at the head of the list V
tar some yeais to come. The outlro
force of mm and teams heretofore em
ployed on the proposed Ashland ' 'cnton" "
have boJn transferred to the O allnla
line , and every tflort will bo made to put
tlio road iu running order by the IGtu of
August.
It is HOT definitely known that the
building cf tlm proposed Ashland brunch
ot the B. & M. haa been abandoned for
the present. The caneo of thin ia the
heavy grading nccrtsiry lo mtko a first-
class road bed. The company
calculates that it fs cheaper 10 operate the
present line to Omalm than to build the
' 'cntill' . " The present line to Lincoln is
the shortest by several mik'i ? , and nntll
rival roads elinrton the distance the
"calf II11 will rat 1m built.
The elcu'oto bf ShormEii county -villl
vote , the 23 ir.s1on ti-o proposition to
bond the county tor 33SCCO to occure a
branch cf Iho Union Pacific to Louj )
City. The propcaed line will
start frrm or near St. Paul
in How.itd cinnly , running northwcst-
\viid \ to the paint named. There vt111 bo
twonty-onn miles of road ill Shennan
sounty. From present indications it IB
: ct'tuin the bos'da will cairy by a good
naj.rlly. The county ia settling up lap-
idly nnd the nuepslty of tracBportaticn
o market is fclr , by all ,
The Northwestern road has croaaod tbo
land hllh west of Valentino , and rooched
.ho fertile country around Chndron. The
rcn horao was expected in Uhatlrcn thla
reck , six ivotka ahtad of contract time.
! t is now certain the road wilt bo contln-
led westward znd Tiill reiich Wtito iver
enow flics. / *
, '
nn \
TO rnnusiiEng. I' '
The Western Newspaper Union , at ' . >
Omaha , in addition lo furnishing all ' i
sizes nnd styles of the best ready printed ; ' .
sheets in the country , makes a specialty . t
jf outfitting country publishers , both ' t
svith now or second-hand material , selling - , '
ing at prices that cannot bo discounted L
in any of the eastern cities. "Wo handle t )
ibout everything needed in a moderate [ (
lized printing establishment , nnd are j
iolo western agents for some of the host ' |
nakcs of Paper Cutters , Presses , Hand ' '
ind Power , before the public. Parties
ibout to establish journals in Nebraska
> r clscwhero are invited to correspond
vith us before making final arrango-
ucnts , na wo generally have on hand
iccond-hand material in the way of
jpc , presses , niles , chases , etc. , which .
inn bo secured at gonnino bargains ,
iond for the Pn'/iTcr'a Auxiliary , a
nonthly publication , issued by the
Vestorn Newspaper Union , which gives
, list of prices of printer's Jind pnb-
ishcr's supplies and publicly proclaims
rorn time to time extraordinary bar-
; ains in Bccond-lmnd supplies for nows-
apormen.
WKSTEHN NKWSI'APKU UNION ,
Omaha , Neb.
The work of the Concord school of philoao-
ly for the Mimmr's session is substnutially
eparod aud thu firdt pro pcctiiB ii iseucd ,
lie Biibi etB nrn mainly two : Cnotlie ; nnd
" ' 'la I'mithelim tlio
o qii"stion , Legitimate
iitcomo of Modern Scienc < > ! " nlthouu'h In
ditlori there will bu Mr. JJUku'a ruadiiiKd
) iii Thorenu and eomothiiir | nf Mr. Aljott'i )
arica The lectures on Oiibtho , which have
ien previously mentioned in pnrt , will com-
ise thcat : fI I
lii Physician Druyi/ists
and Clicmists , as nearly
Infallible.
iinBclllnir inora ol tin Cutlcurn llomodlca for
citcl ol Ilie skin and blood than any ether , Tlio
ulourk Koap , > s 1U first cUsnquallty deFcrvelunl
ot ray ' ) > In ilomantl , Ii ith IB a toilet soap and
a lieiutlfler aid prnUc'or ol the shin.
Dll. W. II. HALL , fnnlfort.Ky ,
IU5SULT3.
y'nur Cutiour * llcmeillei ) cxotoJ both In tales nnd
Oil loiultianv Mn icinolywa tv r Imudled , and
la with | Icuuro that via leoomtnenil them tu our
stcmcra , assured tb&t ttey will receive real bentflt
auitisl'Ctery roni'tB.
IU , u. tOWMAN ft SON , Ilouibon , Ind.
[ do not haowolsnln tuncola hlc.h th Cutlcura
inidlcn liJ\o filled to pruduM estlslistory rojiutu
olloo I | I > A ao'd anriol them than ol ay other
In rumedlta I luvocvor handled durlrt tat thirty-
rcojinraol mvcxpoihncuas n iiriutUt.
A. [ > , THYON , rujr lni. totavu , N. V.
I prescribed jour Cutlcura remedies , ofteotlng a
numb cute , In B ihr nlocaso t h'ciofuia upon a
IM o' ono ol tnv ratro-B , alter the ca u Ind kallled
u iklll ol'Wiuxtocnt ' phytictani during a period
tlj\cnin.mtu. ) I made a cjuiiiotu ! euro la Inur
A. 0l'ArT.llSO , Driigilst , UrooKsvil'c , K > .
NKVJJU A COMPLAINT.
Since I hate been tclltni ; veur Catlcur * HemttllM
itvo uiner hojril a uliiulu cmr > | > li > lriti but nn tbu
ntiary oicry cnunho liMused ihoni tan been well
and with them , mil tiny mrUUI all others.
K. II. CUlilJiIJl-Y , lirunKlst , s"
Andrew i , lud ,
SCMOKULOUS SOUKS ,
"
I had a dozen bad eorra tiiion in ; uu..y , and tried I
rtinudluilixiiiM Iiair ol , am ) at lait tried your
Itlcuru Heineilie * and tin. ) lutu nirod 1110. , I
JKO , UAKKIIX. I
Itbron , Tlujkr County , I'cmi
i *
Cuti I'uiml'cs nru ttld cvtr lierc. T'U *
l icur , f i' , Uututvtiit , Ul.COj Hnai > , U - I'r.
.ad . b ) ttcl'OTTUU DlUU A.SU ClUtJUCAl-Co , lilt-
3 , U.ea.