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hun.DiNO. WABiusfiroN OFFICB , No. 613
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State of Nebraska. I. .
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M. P. FBIL. Notary Public.
MINISTER PitELrs is in Washington ,
but has not yet putd n visit to the supreme
t
premo court room to sco if ho could fill
the big clmir of the chief justice.
'CniCAao is supremely happy , the
Theosophical society of America has
just closed its national conference in
that city. But the pork packing in
dustry is going on just the samo.
r
PLATTSSIOUTII is to have a pontoon
hridgo across the Missouri to coat
$30,000. In common with other cities
on the Missouri , Plnttbmouth has suff
ered from want of wagon communica
tion with Iowa , and has boon imposed
upon for years by the extortions of the
ftf. Burlington bridge monopoly.
THE drink question is to bo attacked
from another quarter. A league has
just boon formed to docluro the saloon n
nuisance by legislative enactment. The
now society bears the ruthor commonplace -
place nnmo of the Anti-Nuisance league ,
with headquarters at Now York city.
Its purpose is to test by judicial inquiry
the constitutionality of liquor license
laws.
WHEN the Castle Garden pool was in
full-blast immigrants wore packed like
cattle in dirty overcrowded cars. Now
that rival trunk- lines are at war , clean
second-class cars , with leather cush
ioned scats , are provided and trains are
scheduled to reach Chicago from New
York in thirty-six hours. Railroads
have souls , but the only tlmo'thoy show
them is when fighting each other.
THE world moves in a funny circle.
The other day a negro bishop of the
Methodist church in No\7 York advo
cated the reimbursement of southern
slaveholders for the loss of their slaves
during the war. His argument was
that in freeing the slaves without com
pensation the government did the
southern people a great injustice , and
that the solf-rospoct of the negroes
would bo increased if the owners of
those who won > formerly slaves were re
imbursed. The surplus in the treasury
catches all kinds of flics.
T.IIE Now York Sitn professes to have
information on high republican author
ity that Mr. Blnino will renew his re
fusal to bo a candidate for the presi
dency. His plan is said to bo to do this
just before taking his departure for this
country , coucliing the refusal in the
most absolute terms , and as ho cannot
ho communicated with wliilo the con
vention is in scs&lon , it is assumed that
his more ardent friends will see the
propriety , if not tho-necessity , of taking
him at his word. Mr. Blaine may find
it necessary to do this in order to change
the minds of those of his friends , ap
parently quite numerous in some locali
ties , who still do him the injustice to
bollevo that the refusals to bo a candi
date ho has already given were not sin-
coro.
THE offers of bonds to the treasury
thus far have boon quite as liberal as
was expected , and the sellers generally
appear to bo satisfied to ask no moro
than the market price , a considerable
part ol the offora being u little lower
than the public quotations. The bond
holders learned from their oxpsrioneo
with the treasury last year that it was
not the policy of the government to bull
the bond market , and they understand
that in order to soil to the treasury they
must not ask moro than they could dis
pose of their bonds for in the market.
At the same tlrao the treasury is show
ing the proper spirit in nqt trying to
weaken the price. There is favorable
pro mi so that a considerable slice of the
But-plus may bo disposed of in this way.
IT scorns that the fault of Indian Com
missioner Atkins was insubordination ,
and that it was on thlsground his resig
nation was asked. It is not unlikely ,
however , that this is but ono reason of
several for desiring the retirement of
the commlbalonor. It has boon pretty
generally understood for some time that
ho was not giving the attention to the
business of tha pfllco which it was his
duty to give , and thai Upshurvu > run
ning matters about as he pleased , and
not in the mostcillolent and satisfactory
manner. At all events it is doubtleas a
fact that Mr. Atkins has boon giving
rather moro attention to politics in his
own interest than was proper , and doubtless -
loss the. Indian bureau will' not lese in
ofllcicnoy. by reason of his retirement.
trnnocfissnry Bnlojry.
Senator Voorhoos , of Indiana , occu
pied the time ot the eonato on Wednes
day with a culogium of McClcllnn and
IIhncock. The president's tariff mes
sage was to have been the subject of
the senator's remarks , but the day of
the stump speech is approaching , and
Iho snnnto chamber has recently af
forded several examples of that etylo of
Oratory , about equally divided between
the two parties. c5n the occasion in
question Mr. Voorhccs appears to have
dovotcd just enough attention to the
tariff to cnnblo him to find n title for
the speech , and to have then gene into n
defense of the democratic party as the
Iricnd of the soldier , proceeding thence
by easy course to a defense of the mem
ories of McClollan and Unncock. The
excuse for this was the alleged attack
upon the loyalty nnd patriotism of these
distinguished soldiers by Senator In-
galls , in a speech ho made In the BOH a to
some tlmo ago.
It would bo a waste of ttmo to enter
upon extended argument by way of re
futing the claim of the Indiana senator
that the democratic party has boon moro
generous toward the' soldiers of the
union than has the republican party.
Such a claim Is so palpably and brazenly
absurd as to refute itself. Democratic
votes have certainly boon recorded in
favor of pensions to union soldiers , nnd
there are n few exceptional instances of
democrats who have talked with
evident sincerity in hohalf
of pensions. But the world
knows that as a party the democracy has
never heartily favored the pension pol
icy as advocated and developed by the
republicans , nnd that every important
piece of pension legislation which has
been enacted originated with republi
cans. The record on this is so clear
that it is surprising a democratic sena
tor of the character of Mr. Voorhcos
would publicly sot up a claim that im
plied anything diiTeront.
The really vital matter , however , in
the speech of the Indiana senator , as it
is to bo presumed ho regarded it , is his
defense of the memories of McClollan
and Hancock. Ho had evidently do
votcd a great deal of care to this portion
of his remarks. It was historical , vig
orous , and in parts eloquent. The best
known names among the great soldiers
of the world wore referred to for pur
poses of comparison , and in all cases
without detriment to the American gen
erals. Mr. Voorhcos felt a good deal of
pridffin going on record in this matter
in the best possible light , and it must bo
said that ho acquitted himself credita
bly. But really to avhat purpose ? No
greater injustice could bo done the dead
soldiers than to imply , as their demo
cratic defenders are doing , that their
character as loyal and patriotic men is
in danger. There is not the slightest
reason for any such presumption. Opin
ions differ , and always will , regarding
their relative merits as generals. The
ardent admirers of McClollan especially
will always find many to disagree with
their estimate of his ability. Still
fewer question the pro - eminent
qualifications of Hancock as a com
mander. But nobody whoso opinion is
worthy of consideration entertains the
smallest doubt that they were entirely
loyal and sincerely patriotic soldiers.
History has made up their record , and
it will stand for all time to attest their
character as able and gallant defenders
of the union.
Wo do not believe thaf record will
gain in value by any supplements that
may bo made to it by democrats like
Mr. Voorhecs and Mr. Blackburn , and
their defense of the characters of Mc-
Clellan and Hancock is not only unnc6-
essary , because they are entirely safe ,
but it is an indiscretion which no con
sideration of possible political advan
tage the only conceivable motive
can justify.
Defending the Surplus.
The salient feature of the speech of
Mr. Browne , of Indiana , in the house
on Wednesday , was the statement that
ho was not the least frightened at the
plethoric condition of the treasury. It
was an evidence , ho said , of the national
prosperity , and the accumulating reve
nue might bo made the occasion
for doing much for the people's
benefit. Under the control of
wibo statesmanship the surplus would be
a national blessing. But in view of the
fact that it is not under such control it
would bo safer to reduce it than to run
the hazard of ill-advised expenditures ,
therefore Mr. Browne was anxious to
have a revision of the tariff that will re
duce the revenues to the lowest limit of
national wants' .
There is probably in no other country
a public man , having1 any concern for
'
the value of his opinion or for hi's polit
ical future , who would dare to say a
word In defense of a policy which has
locked up in the national treasury be
tween fifty and sixty millions of dollars
taken from the resources of the people -
plo , and is steadily increasing ;
the horde. In all European countries
the efforts of statesmen are directed to
holding the revenues down to thu needs
of government , and the idea of cre
ating a surplus as a "national blessing"
or an evidence of national prosperity
would not bo tolerated for a moment.
That notion is purely American , and jf
the o.-uunplo and experience of other
nations are of any value they prove the
notion to bo a most delusive ono. Butte
to the mind of Mr. Browne , of Indiana ,
the surplus has peculiar charms , and
among them he finds that having bcon
gathered without oppression or com
plaint it bears evidence to the justice
of the protective sybtcm. His only roa-
fion for desiring to put a stop to its fur
ther accumulation is tha danger that
under Unwise statesmanship it might bo
used in ill-advlsod expenditures.
It is to be feared there are far too
many men iu congress who agree with
the views of the Indiana representative
regarding the surplus. Long devotion
to the policy which is responsible for
this anomalous condition , unparalleled
in the history of any olhpr country , has
firmly rooted in their minds the obvious
fallacy that because the people go on
paying annually to the govern man t
many millions moro than fcrs required
for its support , aad dhastor does not
follow , it IB evidence of national pros-
ppiityNot. . only that.Vut qvi-
denco nlw of . the juvtlve 'of
the policy thijt wrlnga thla excess -
cess from ttio resources of the people.
No ono will question thnt the country
has prospered , but what rational man
will doubt that its prosperity would
have boon greater , at least during the
past ton years , if its farmers nnd wage
earners had boon relieved of the excess
of taxation represented in the treasury
accumulations of those years ? There is
another side to the account between the
government nnd the people which these
who defend the existing fiscal policy ap
pear indisposed to look at. That is the
vast sum which the farmers of the
country have paid in mortgage interest
in order that they might pay the ex
cessive tax on everything they use de
manded by the government and ns
tribute to the manufacturers. Labor
also has its account in the re
duced value of its earnings resulting
from this excessive tax. It ia necessary
to a just and intelligent concltislqn that
both sides of the account shall bo fairly
and carefully examined.
But there could hardly bo a moro ab
surd assumption than that of saying
that because a government can drain
its people of their resources , and lock
up the proceeds in excess of its needs ,
it is evidence of national prosperity ,
and it is a most reckless sort of states
manship which says that the results of
such a policy might under any circum
stances become a national blessing. A
great surplus in the treasury , steadily
growing , is a wrong to the people
in withholding from them money
which they should have for em
ployment in their industries
und enterprises , and it is n source of
danger to wise , careful and economical
government. Having it , the duty is to
dispose of it with reference to the
greatest advantage to the government
nnd the people. But the paramount
consideration is to relieve Uio people of
the excessive taxation from which a
surplus is created , and this can bo done
with "tho greatest good to the greatest
number" by a fair and liberal revision
of thra tariff.
Mn. QltAtiuss FIIANCIS
boon rc-oloctod president ot tnu Union
Pacific. Mr. Adams announces that he
contemplates a conservative course with
reference to new construction. In other
words , Mr . Adams proposes to continue
the do-nothing policy. Such a policy
would bo successful in the fnco of the
sharp competition which the Union Pa
cific is now , and henceforth will bo
obliged to meet. While the company
may not bo in a condition to con
struct extensions and branch lines
this season it must , as a mutter of
belf-presorvation , improve its term
inal facilities , which have boon
so lonjr neglected at Omaha. The
cramped quarters for handling freight ,
und the wretched accommodations for
the travelling public , cost the Union
Pacific thousands of dollars annually.
This state of affairs cannot bo put up
with much longer , oven with the pres
ent volume of business.
BOSTON nnd Now York fire insurance
companies have recently been increas
ing their rates for the reason that tele
graph and electric wires strung oil
roofs and polls have increased the risks.
Another consideration not hitherto con
sidered an important question is that
the strain on a roof with wires swayed
through a space of 150 or 200 feet is
from ton to twenty-five tons , and. the
constant tension is sufficient to impair
any roof. The telegraph , telephone
nnd electric nuisance is ono which
Omaha will in its turn bo called upon
to remedy. Insurance companies , prop-
porty owners , telegraph and telephone
companies are all interested in putting
the wires under ground. It would bo
just as well , therefore that the city
council begin to discuss plans to over
come the evil , and that before winter -
tor all wires bo strung in conduits.
Tin ; next census of the population of
the United States will bo the centennial
census of 1890. The first census was
taken in 1790 and nt that tim < 3 it was es
timated that the whole population num
bered about four millions. In 18SO it
was over fifty millions , and the census
of 1890 will show a population of between
sixty-five and seventy millions. At this
rate of increase the population of this
country will turn its one hundred
millions about the year 1900. But no
body need drend that event on the score
of being crowded. There is enough
land in the state of Nebraska to accom
modate twenty-five or thirty millions
without the least inconvenience.
Tan special committee appointed by
the board of trade to examine into the
Chautnuqua project of Council Bluffs
has presented a most satisfactory report.
Omaha will join hands with her Bister
city in organizing the assembly. There
is no longer any doubt of that. As a
business investment the $30,000 or10,000
stock which our citizens nro asked to
take is a moro bagatelle in comparison
with the benefits to bo derived.
A SUBSTANTIAL , victory has been won
by the people of Nobraskn in the deci
sion of the supreme court in the case of
the Statu vs. the Atchison & Nohrnslca
railroad consolidation. The .railroad
monopolists have not received such a
black eye for many n day , and the , rul
ings of the judges will have a wide ap
plication.
THE BEB wants to see the labor parade
Monday night , a grand success , That
has been its position from the outset and
the monopoly organs con make no cap
ital with intelligent workmen by mis
representation.
STATE AND TKKIUXOnV.
Nebraska Jottings.
Hastings will have fourteen saloons
this year.
Ulysses has completed the wells for
her waterworks system.
Central City expects to have water
works in operation by July 1 ,
The soiled doves of Columbus will ho
told to move on by the mayor.
Tecumseh has organized an electric
company with a capital stock of 8101,000.
Grand Island , by a unanimous vote of
tha board , gats the Baptist university.
The Ulysses creamery' is running
again und find ? . & sale for all its product ,
' Prof , Thrashftrlithoeuggestlvc name
of the gentleman who teaches the young
idea at Edgar , gjj
The Beatrice , by an order
ot the city "con 1 , are compelled to
liny nn occupation , tax of
A mooting of W > Republican Valley
editorial association will bo called for
May. An excursion will follow ,
The union labor party to meet at Lin
coln May 2 , wilt nave n largo attend-
mice ffom throughout the stato.
The editor of'tho Nomnha City Ad
vertiser was whipped recently by n man
who called to sfyftho editor nnd found
him in.
Plattsmouth l finaklng preparations
for Decoration dhy. It is thought Hon.
John C. Co win , or Omaha , will deliver
the address ,
(
"Harvey the Kid" was the euphoni
ous nnmo of n young man admitted to
the practice of law in Grooloy'county ,
by Judge Tiffany.
Mlle Savage , who drives nn express
wagon at Beatrice , attempted to tolo-
scop6 a passing Union Pacific train. It
was a signal failure.
An Uncle Tom's Cabin company la in
structing residents of the state in the
classic drama nnd holding the mirror
up to nature rather late in the season.
Peter Moran , a Custor county man ,
thirty-six years of ago , was torn to
pieces by a horse known in that part of
the state as the "Man Eater. " A half
dozen men have boon killcd'by the vic
ious beast.
S. U. H. Clark has visited Nebraska
City and proposes to commence nt once
to build his street car line from the
Missouri Pacific depot to the court
house. This will bo an improvement
over the Hordlc line.
A Plattsmouth paper earnestly main
tains that a horse attached to a wagon
took fright nt a scab engineer result
ing iu serious wounds to the driver of
said equine , and loudly insists that the
B. & M. put screens to the sides of their
engines.
Steele papers yet claim that persons
from Iowa and Missouri are bringing
Slandered horses into the state to be
paid for by the live stock commission.
If the papers will report the facts to the
Hyo stock commission nt Lincoln they
will bo amply rewarded.
H. A. Miles , an employe of the B. &
M. at Plattsmouth , is , according to a
paper of that town , Miles away. Ho
loft tenacious creditors whoso vulgar
elamorings seemed to disturb the peace
of mind that belonged to him. His wife
fools certain that ho will return or at
least send for hor.
The prisoners confined in the county
jail at Kearney , during the absence of
the jailer sought to amuse themselves
by a general free-for-all fight , which
was indulged in by all present. One of
the pugilists was so unfortunate as to
lese a now sot of teeth which ho had re
cently purchased. A local dentist re
placed the loss at the county's expense.
A Gothenburgf apor reports the loss
of a valuable citizen , ono George C.
Sherman. The direct cause loading to
the removal of tliq > gontlainan is thus re
corded : "Sherman has boon in the
loan business an\l Sullivan applied to
him for a100 loan on his farm. The
papers were inada'tout and in duo time
Sullivan obtained his loan , but ho has
a mortgage on filJ6 lor $000 instead of
$400 for which he'appliok and obtained ,
Sherman , of course , pocketing the dif
ference. " . ft
Cock fighting Ig'tho sporting fad in
Keokuk. J
There are 3COOi "school children enrolled -
rolled in Sioux City.
Joe Lovely of Sjoux.City laid his arm
on a circular saw andjost an arm.
Fowler's packing house will commence
business in Sioux City the 1st of May.
A prairie fire near Sioux City recently
burned six head of horses for W. H.
Short. After the 1st of May it will bo a
penitentiary offense to start a prairie
lire.
lire.Tho
The Crystal Lakers had the dog fish
pretty well seined out of their waters
on their game preserve , but the last
overflow is likely to fill the place with
new ones.
The Chicago , Burlington & Quincy
will proceed with the erection of its fine
passenger station and office building at
pttuuiwa this season. Tfto foundation
is already in place.
The people of Burlington are begin
ning to grow weary of asking why the
gamblers nro allowed to carry on their
business without any sort of interference - .
once from the authorities.
The Cedar Kapids artesian wellS
down 1,500 feet , the drill pecking ar y
in very hard Hint rock. When this
is passed band btonp isanticipntedngaiii
and it is hoped a bg } How of water will
bo struck.
The original corn palace citof the
world , Sioux City , will build a palace
for King Corn us soon as practicable ,
and from his throne of beauty ho will
rule the world , commencing September
124 and continuing until October 0.
Colorado.
This Is Arbor day in Colorado.
Denver cries for moro lire steamers.
Pueblo is to build a now board of trade
building costing fctO.OOO.
The Citizens' Committee of One Hun
dred , organized at Leadvlllo , is a terror
to ovi ) doors.
Commodore Henry D. Elwcs , a prom
inent ranchman near Saguacho , died
suddenly Tuesday.
Idaho Springs has taken on a spring
boom and several public improvements
nro already under way.
Albert Boiler , a minor at George
town , mot with an accident that will
perhaps prove fatal , on the IMth.
The enrollment at the college at Fort
Collins this year is 100. a greater num
ber than has been enrolled any previous
year.
In about a year from now Denver will
place a loan of very nearly 81,000,000 , to
uo expended in street paving and other
improvements.
Sterling offers inducements for a ci
gar manufactory , creamery , cracker ,
cheese , candy and other factories , a can
nery and flour m\\- * \ \ *
The effect of the strikes in Denver
cause a tomp6raryIull in building apor-
ations. It isthoujjht a compromise with
the bricklayers artd builders will bo
reached. * *
The criminal coVu this < ook in
Pueblo sentoncedjprisonors as follows :
"Bonton , forgery , pro years ; Hill , as
sault with intent.to kill , eighteen
months ; SoJTron , burglary , three years ;
Johnson , robbery-three years. "
On Juno 13.14 and 15 afloral and fruit
exhibition wiilbogiven in the Mammoth
rink in Denver. The object will bo to
make an exhibit of tbo fruits and flowers
of Colorado , the Gulf states and tropical
countries. '
The number of now producing mines
that will bo added to the list of Cole
rado's shippers this year promises to bo
very largo. A great deal of activity is
displayed iu all portions of the state
which can scarcely fail to result in the
opening of extensive new ore bodies.
Great preparations are going on at
Aspen for the Durant-ABnen mining
suit tlmt comes off in Denver in May.
The trial begins on the 20th and will
last at least a month. The report was
current that a coupromito teen to
bo offeotoa.but the men most Interested
on either side indignantly deny it.
A Colorado paper sayst There will
bo more corn planted this year in Colorado
rado than has over yet boon planted.
In n few years corn will bo ono of the
lending dependencies of the Colorado
farmer. Its cultivation up to the pres
ent thno has not been practiced to any
great extent , but as the Btato bottles it
has become quite evident that corn
can bo raised with profit and advantage
to the tiller of the soil.
OnETK'S OUAUTAUQUA *
President FOBS Tells About the Coming
Aosoinbly.
Considering1 the bad state of the weather
Inst night there was a good attendance at the
reception tendered lion. F , I. Foss , president
of the Crete Chautnun.ua assembly , nt the
Y. M. O. A. rooms. The affair wns pleasant
and Informal , there being no set speeches ,
but rather general conversation nnd nn inter
change of views on affairs pertaining to Ne
braska's Chautauqua. Mr. Foss gnvo n
synopsis of the work planned for the nssom-
bly this summer nnd predicted tlmt the gath
ering would bo a greater success than over
before. Ho believed that the agitation
of the project for forming nn assembly nt
Council Bluffs was awakening moro general
Interest In Qmnha in tha Chautauqun Idea
than over before , and that the success of the
movement would not prove detrimental to the
Crete assembly. It wns his belief that the
two organizations could work hand In hand
without the least conflict. Every year since
the Crcto assembly had been in existence
the expenses connected with the programme
of the meeting had been doubled , nntl while
last your the cost was $ ; ,500 , this year It
would amount to over $10,000. The assembly
is to bo opened Juno 2S by Colonel Uain , of
Kentucky , the famous toini > ornncoorntornnd
ho will ho followed by Dr. T. DowltTalmngo ,
who will conduct the meetings for three days.
Among the other attractions for the assembly
that have bcon secured nro the following per
sons of national reputation- ; . J. L. Hul-
hurt , principal , ana Prof. H. S. Holmes , reg
istrar of the Chautaun.ua university ; Colonel
Robert Cowdcr , Dr. J. F. Duryca , Hov. A.
E. Winshlp , Mrs. M. G. Kennedy of Phila
delphia , Prof. H. U. Palmer. Miss Lillian
Hamilton nnd the Stewart Wilbcrforco con
cert comunuy.
Hev. J. E. Ensign is making arrangements
for another meeting at the Y. M. C. A. rooms
in nbout two weeks , nt which Mr. Foss will
bo present.
SEVEN SELECTED.
Names of These "Whom Third Ward
Democrats Will Vote For.
Despite the Juicy state of the weather the
braves of the Third wnrd turned out in
strong numbers and through the liberality of
the man who conducts the shooting gallery
on North Eleventh street , they were per
mitted to "get out of the wot" by taking
refuge between nnd under the canvas siding
and roofing. The two great sachems , Pnt
Ford nnd Julius Meyer , were on hand nntl
circulated among the braves with their faces
suffused with fascinating smiles and each
wearing "bllcd" shirts. Pnt's emerald outshone -
shone Julius * diamond in winning popular
favor , nnd while the latter looked on to see
that nothing % 'cut anil dried" was forced
d&wn the throats of the voters , the former
did the talking nnd captured the "corcus"
by getting Judge Heed in ns chairman and
Sandy Forbes us secretary. Sandy tallied
the minutes of the meeting on his wntoh
chain , and upon the suggestion of Mr. Ford.
Messrs. Dick Burdish , H. E. Parrish nnd
Colonel Forbes were appointed a committee
of three to select sovcn names to bo voted
for next Saturday between the hours of noon
and seven in the evening to attend the demo
cratic county convention , with a limit of fif
teen minutes to perform their arduous
duties.
While the trio wrestled with their work
the braves adjourned to n neighboring saloon
nnd irrigated until the committee returned
with the seven candidates , all of whom were
acceptable to these concerned. They nro
George Canficld , Pntrlck Ford , Dick Bur-
dish , Henry Parrish , A. H. Forbes , A'dain
Siiydcr and Ed Rothcry.
*
FORT OMAHA NEWS.
A I.TSSOJT IN LOVE.
The Fort Onialm Dramatic association on-
tortamcd quito a largo audlenco
in the garrison theatre Wednesday
evening. A larger attendance of
"town people" were present than
was expected. Tho-play , entitled "A Lesson
in Love , " was a pronounced success. All
these taking part were noticeably at home on
the stage , had clear conceptions of their
respective characters , nnd delineated the
same In n manner highly approved of , even
by the most critical oyo.
The music by the Second Infantry or
chestra , ns usual , was selected with much
taste.
The cast of characters :
Captain Freeman Lieutenant John
Kinzlo.
Orlando MlddlcmarcU Lieutenant C. W.
Rowell.
Hablebrook , ( nicknamed the ' 'News
paper'1) ) Lieutenant J. S. Mallory.
Mrs. Sutherland ( a charming widow )
Mrs. F. Wheaton.
Miss Anastnsia Winterberry Cn susceptible
old maid ) Lieutenant W. M. Wright.
Edith Leslie ( her nlcco ) Mrs. J. S.
Mallory.
miVATE IIUOIIK3 WOIISE.
There was a sudden chjinpo for the worse
yesterday in the condition of Privnto Jatacs
Hughes , who was recently accidentally shot
during drill , mid fears are entertained that
he will not recover ,
ITLL ronrr ITET.
Privnto Conrad Fricko. n member of Com
pany C. while assisting In the decoration of
oxiwsltlon hall yesterday , fell from n ladder
to the ground , a tlislanco of forty feet , and
received serious injuries.
AHhir Holiday.
The following wholesale and Jobbers houses
have agreed to close their places of business
at 2 o'clock Saturday afternoons , beginning
next Saturday :
Grocers McConl , Drady & Co. , Paxton < fc
Gallagher , Slonno & Johnson , Meyer &
Rnapko. Allen Hros.
Dry Goods Kllpatrlck & Koch company ,
M. E. Smith & C.
Notions Vineyard & Schneider , J. T. Rob
inson company.
Rubber Goods Z. T. LIndsoy.
Hats , etc W. L. Pnrrotlo & Co.
Hoots nnd Shoos Kirkcndnll , Jones & Co. ,
W. V. Morse & Co. , A. T. Austin.
Drugs Richardson Drug company , Ulako ,
Bruce & Co.
This arrangement will hold good until Sep
tember 15.
A Sensible Ilecoiiiiiiniidntloii.
Inasmuch as the city council has set down
on the promiscuous shooting of untagged
dogs in the streets. Chief Seavoy will roc-
oinmcnd the establishment of a dog pound.
This pound , the chief will recommend , to bo
located on the river's bank and to be com
posed of three departments , and disposed of
according to their graduation. First the
dogs nro to bo penned up iu compartment No.
1 on the flrst day , No , 2 on the second , No , U
on the third , At the expiration of this
period they are to bo suffocated and dumped
into the river. This will e'vo ' the owners of
dogs a ehanco to redeem tnein If they so
desire. _
Military itcccptlon to tlio Governor.
The reception by the Edward Crolghton
Guard N , N , G. , to Hon. John M. Tbuyer ,
governor of Nebraska and commandor-In
chief of the National guard will tuUo place
this evening at Exposition hall , the review
ana drill of the company beginning promptly
nt 0 o'clock , The governor and his entire
fitaff will bo present. The military uniforms
of army oftlcors. the elaborate draping of
flags and floral decoration * nnd the exquisite
inuslo of thu Second Regiment United States
Infantry band , will mulco thu scene ono of
dazzling brilliancy and the enjoyments of the
occasion complete.
A Tailor Shop Sold ,
Charles Schmltzberger , proprietor of a
merchant tailor's establishment on South
Fifteooth street , has transferred the same to
Phillip Weiuducliu for * 2,8CO to secure the
payment of a note of $1,000 , lvcli by the
former , Tim bill of sale-was filed with the
county lierk ycstcrduy. i
THEY FORFEIT THEIR LEASE ,
The Suproino Court Dooldos tlio
Atolilnou & Nebraska Oaso.
GREAT VICTORY FOR THE STATE.
An Order Entered Declaring tlioLonso
IVIth tlio nurllngton ro foltctl-
Final Action On tlio Franchise
Deferred Until July.
LTXCOI.X BcnEAu OP Tm'OMAiu BKB , ;
1029 1 > STRF.RT ,
LINCOI.X , April ! M.
The decision in the case brought by the nt-
tornoy general ngnlnst the consolidation ot
the Atchison & Nobraskn road with the B. ft
M. was handed down to-day. The de
cision la by Judge Maxwell nnd It Is the
most Important in the history ot the struggle
ngnlnst corporations in the annuls of tlio
stato. It goes farther than the friends of the
case dared hope in defining the Illegal nnd
unconstitutional nets of the roads in destroy
ing competition nnd swallowing up independ
ent and competing linos. The decision Is
upon the demurrer that the case did not cite
sufficient causa of action , but the argument
was largely of a character covering nil the
points nnd the decision comes with full
weight accordingly. As will bo seen by the
opinion it now declares the lease with the B.
& M , forfeited and only postpones the dny in
which to declare the frnuchlso of the road
forfeited until July 1 , that the regular pro
ceedings by answer may bo heard. Nothing
In years has caused more discussion
in legal nnd business circles than
the decision in this case when it
became known in the city to-day , nnd
nsldo from these whoso existence is in har
mony with the corporations the feeling is ono
of gratitude that the law has boon defined
and that a limit is laid down by the court of
last resort which oven the corporations can
not oross. Attorney General Lceso and his
assistant In the case , Mr. C. Q. Dawcs , were
the subjects of numerous congratulations
over the successful decision gained , the com
plete decision being given below. .
The syllabf of the case Is as follows :
1. In a proceeding by quo warranto against
a corporation to forfeit Its franchises nnd
oust it from the same for mlsuser thereof ,
the corporation is the only necessary party
defendant. In case of forfeiture the court
will take the necessary steps to protect the
rights of other parties In the premises.
S. Section 89 of chapter 10 of the complied
statutes authorizes the consolidation of two
Hues of railway only In cases where the two
roads when so consolidated will form a con
tinuous line , without break of gauge or Inter
ruption.
a. Section 94 , chapter 10 , of the compiled
statutes authorizes the leasing of n rullroud
constructed by another company , only it
cases where the road of the lessee and of the
company making the leuso will form a con
tinuous line.
4. The Atchison & Nebraska railroad , ex
tending from Atchison , Kansas , to Lincoln
Nebraska , was completed to Lincoln In IS'l ,
nnd leased to the B. & M. railroad In 18SO
Held , That it did not form a continuous line
with the B. & M. railroad , nnd was not
within the provisions of the statute authoriz
ing the making of a lease , and that such
lease was unauthorized. The mention in the
statute ot continuous or councctcd lines ex
eludes all.othor3.
5. The powers of a corporation organized
under legislative statutes are such , nnd such
only , as the statutes confer. The charter o )
n corporation is the measure of its powers
nnd the enumeration of these powers iinplic :
the exclusion of all others.
0. Where a railroad company , without au
thority of law , leases Its road to another
railway company with all Its rights , property
nnd franchises , for a long period of time , 'i |
thereby abandons the operation ot its roai
and is subject to forfeiture.
7. Section 3 , article XI of the constitution
prohibits any railroad corporation from con
solidating Its stock , property , franchises or
earnings , In whole or in part , with any othei
railroad corporation owning n parallel 01
competing lino. The word consolidate Is used
In the constitution iu the sense ot join or
unite.
6. Section 5 , article XI of the constitution
prohibits the issuing by a railway corpora
tion of stocks or bonds , except for the con
sideration actually received. Ono of the ob
jects of this provision is to enable the public
to ascertain the actual cost of such railway
In the state und to cnnblo the legislature to
pass laws fixing an equitable rate of taxation
and for the transportation of persons and
property , so that justice may bo done alike
to the railway company , the public and prl
vato individuals.
The following is the opinion in full follow
ing the recital of tbo petition upon which the
case was brought :
The exhibits attached to the petition nnd
made n part of It show that on the 24th of
May , 18ii7 , cci tain residents of the city of
Atchison , Kan. , organUed a corporation
under the laws of that state for the purpose
of constructing n railroad from some point In
the city of Atchison to some point on the
north line of the Htatc of Kansas not further
west than twcnty-llvo miles from the Mis
sour ! river , the length of s.ild railroad not to
exceed forty-live miles. The capital stock of
said company was llxcd nt f (00.000. ( In April ,
1871 , the Atchison , Lincoln & Columbus rail
road company was organized under the laws
of the state of Nebraska. "Tho
object and purpose of this com
pany nro to construct , maintain nnd operate
a railroad with single or double tracks , nnd
with nil necessary brunches , fences , bridges ,
warehouses , elevators , station houses and
such other appurtenances ns may bo thought
necessary or convenient , extending from u
point on the southern line of the state of
Nebraska whcro the Atchison & Nebraska
railroad crosses said state line , northward
and westward through the counties of Rich-
nrdson , Pawnee , Gage , Johnson , Lancaster ,
Seward and Hutlcr , by way of Lincoln to the
town of Columbus on the Union Pacific rail
road , with n branch road running westward
through the counties of Richardson , Pawnee ,
Johnson , Uago , Jefferson und Saline , to tlio
west line of the state. "
The capital stock was taxed nt the sum of
{ 00,000. In August , 1871 , thu Atehlsou &
Nebraska railroad company , and the Atohl-
bon , Lincoln & Columbus rallioad company
were consolidated under thu laws of this
state , thu first article of consolidation being
as follows :
"Tho Atchlfton & Nebraska railroad com
pany , a corporation organized and existing
under the laws of thu states of Kansas und
Nebraska , has constructed and now In op
eration Its railroad from Atchison north
easterly to the state line between Kansas
and Nebraska , and the said Atchison , Lin
coln it Columbus railroad company , n corpor
ation organized and existing under thu laws
of the state of Nebraska , Is authorized by
virtue of mi Id luw.s und its charter to con
struct , maintain and operate n railroad from
n point on the state line bQtwccu Kansas nnd
Nebraska , to which thoAtchlson & Nebraska
rallioad is constructed , by way of Lincoln
to Columbus , a point on the Union
Pacific railroad In snld state of Ne
braska , and also a certain branch of said
rallioad named In the articles of Incor
poration. And whereas , the roads as now
constructed and authorized to bo located und
completed in said mutes of Kansas and Ne
braska , under their respective charters and
the laws of said states , form a contin
uous line extending from Atchison to Lincoln
and thcnoo to Columbus , and uro authorized
by the laws of said statba of Kansas nnd
Nebraska to consolidate their stock und
property with each other , etc. " The articles
of consolidation are set out at length , the
capital Htock of the company being llxcd nt
82,000 , < m
The defendant demurs to tlio petition upon
two grounds ;
1 , That thcro Is a defect of parties defend
ant.
ant.D. . That the facts stated in the information
are not sulllcleut to entitle the stuto to the
relief prayed for against the defendant.
The rule is well settled that In u proceed
ing in quo warranto to dissolve a corporation
or declare a forfeltuto of its charter or to
oust it from the exercise of franchises which
it usurps , It must be against the corporation
iUolf , and not merely upalnst its Individual
members. If the corporation has , by the
abuse or tne non-uso of its fran
chises , rendered lUolf liable to the
forfeitures of Its charter , such for
feiture can properly bo declared and 'en-
V , * l.iMliS.t < 2ta j
forced only In n iirocccdlnff to which the cor *
porntlon is a party. ( Stnto vs Taylor , E5 O.
8. , 3301 People vs Bunk of Hudson , 0 Cowcn ,
217. ) In the latter cnso , Uio court enysi "It
is objected , in the first plnee , that the information
mation being ngnlnst the defendants by their
oorK > ralo name , is bad , To this it may ba nn
sworodTholnformalon ; is merely descrip
tive. It la not nn nfllrmntlon that the de
fendants nro n corpotntlon , but that , by the
nnmo of the president , directors nnd com-
panyot the Bank of Hudson , or Using that
nnmo , they linvo done the acts In tlio information
mation alleged. And it then calls on them to
nnswer by what authority. Besides , the
statute authorizes proceedings ngalnst the
corporation. The Judgment must bo ngalnst
the oorjx > rnto natno. A corporation created
by the legislature may lose Its franchises by
a mlsucr or n nonuser of them. They may
bo resumed by the government under P judg
ment upon a quo wnrranto , to ascertain alul
enforce the forfeiture. ( I ) Crnnch 51. ) The
Judgment to bo given is a Judgment of solruro
which produces a dissolution of the corpora-
tlon. "
As the proceeding is directed nijnlnot the
corporation lUolf for mlsuscr nnd nonusorof
its corporate franchises , it Is the only neces
sary party defendant In the enso. If , how
ever , the court should find it necessary to
render a Judgment of ouster against the defendant -
fondant nnd vacate and sot aside its charter
the rights and bona fldo claims of all parlies
ngnlnst the defendant will bo protected. The
first ground of demurrer therefore , is over
ruled.
2. Section 89 of chanter 10 ot the compiled
statutes , provides "Whenever the lines of
railroad of any railroad companion In this state
or any portion of such lines huvo been or
may bo constructed so ns to nduiit the pns-
sugo of burden or passenger cars ovornny
two or moro such roads' continuously , with
out break of gauge or Interruption , such
companies are hereby authorized to consoli
date themselves Into a single corporation , In
the manner following : The directors of the
said two or more corporations may
enter Into nn agreement under the
corporate seal of each , for the consolida
tion of the said two or moro corporations ,
prescribing the terms nnd conditions thereof ,
the mode of carrying the same Into effect ,
the nnmo of the now corporation , the number
of directors thereof , which shall not bo less
than sovcn , the time and place of holding the
first election of directors , the number of
shares of capital slock In the now corpora
tion , the amount of oaoh share , the manner
of converting the shares of capital stock In
each of said two or moro corpornttous into
shares In such now corporation , tlio manner
of compensating stock holders in each of Bald
two or moro corporations who refuse to con
vert their Rtock Into stock of such now cor
poration , with such other details us they
shall doom necessary to perfect such con
solidation of said corporations , and such new
corporations shall possess all tlio powers ,
rights and franchises conferred upon such
said two or moro corporations , and
shall bo subject to all thu restrictions
and perform all the duties im
posed by the provisions of this subdivision :
provided , that nil stockholders in either ot
such corporations shall bo paid the market
value of said stock at tlio data of such con
solidation. "
This Is section 18 of an act passed by the
territorial legislature entitled : "An act to
create nnd regulate railroad companies , " np-
proved February 8,180-1 ; and Is section 89 of
chapter 33 of the revised statutes of 1BCO.
The act including this provision was copied
substantially from the statute of Ohio of
1654 , "relating to railroad companies. "
(2 ( Cinven 1050. ) The construction of this
section was before the supreme court of Ohio
in state vs Vnndorbllt , 7 O. S. , 500 , where
It was hold that the word "continuously , " In
the section above quoted , was a restriction
upon the power to consolidate , and that this
right existed only where the lines , when
consolidated , would form ouo continuous
line over which freight and passengers might
be cacriod without transfer , nnd that It did not
apply to roads which when united would not
form a continuous lino. Thocourt says : "Tho
attorney general says and the record supports
the statement that these roads nro 'for sixty
miles lying parallel and near to each other. '
That they are , indeed , in the largest sense
parallel and competing railroads , seems to bo
beyond dispute , mid it may bo fairly Inferred
from the record that a loading objoot in mak
ing the consolidation , was to destroy that
competition. That being true , the lines of
these roads are not , in my Judgment , 'so
constructed as to admit the passage of bur
den or passenger cars over two or moro of
such roads continuously , ' within the proper
meaning of section 3379. That the mere
physical ability to pass cars from one road to
the other satisfies the statute , Is n construc
tion of it which is wholly Inadmissible , for
the provision requiring such connection
would bo without meaning. In imposing that
restriction upon consolidation , the legislature
intended , not merely that the physical fact
should exist , but that such consolidation
should only bo made for the very purpose of
passing freight nnd passengers over both
lines , or some material parts thereof not
necessarily in a direct or straight line , but
continuously. " * * "Consolidation for
the transportation of freight and passengers
continuously , Is a thing which the legislature
might well desire to encourage , ns It may bo
advantageous alike to the public and the
companies. But corporations have power
only as granted by the general assembly , and
whcro companies situated as those are , being
parallel and competing , claim that authority
to consolidate has been granted to thorn , they
must be nblo to point to words iu the statute
which admit of no other reasonable construc
tion , for it will not bo assumed that the lawmaking -
making power has authorized the creation of
n monopoly so detrimental to the public In
terest. But thu statute contains no such
words. "
This decision , In our view , states the law
correctly , and the statute only authorizes thu
consolidation of two lines of laitwuy where
tlio lines thus consolidated will lorm ono
continuous railroad. As the Atchison
& Nebraska railroad nnd the Atchi-
Hon. Lincoln & Columbus rail
road when consolidated , would form
one continuous line , tlio statute authorized
such consolidation. That part of the line ,
however , In Nebraska is hold , by said com
pany as a Nebraska corporation , wliilo tlmt
in Kansas is hold as a Kansas corporation
under the laws of that state.
Section 91 , chapter 10 , of the compiled stat
ute * , provides that ; "Any railroad company
heretofore or hcioaftor Incorporatsd may , at
nnythne , bv means of subscription to the capi
tal 5took of any other company , or otherwise ,
nld such company in tlio construction of its
railroad , for thu purpose of forming n con
nection of nald last mentioned road with the
road owned by the company furnishing such
aid ; or any railroad company existing in pur
suance ol law , tuny lease or pnrehasci any
part or nil of any railroad constructed by any
other company if said company's lines of suld
rood are continuous or oannuclod ns afore
said uK > n such terms and conditions
as muy bo agreed on between
said companies respectively , or any two
or moro railroad companies whoso lines are
HO connected , may outer Into an arrangement
for their common benefit , coiialslcnt-wlth
and calculated to promote thu object for
which they are created ; provided , that no
such aid shall bo furnished nor any purchase ,
lease or arrangement perfected until n meet
ing of the stockholders of each of said com
panies shall have biien called by the direct
ors thereof , at Mich time and pluco nnd In
manner as they Khali designate , nnd tbo
holders of at least two-thirds of the stock of
such company represented at uch meeiinir ,
either iu person or by proxy , und voting
Ihcieat , shall have assented thereto. "
It will bo observed that the authority of
ono company to aid another Iu the construc
tion of its railroad is for the purpose of mak
ing connection between the two roads. That
Is , thu two roads when connected must form
a continuous lino. It will also bo observed
that the right of any company to lease or
purchase any part or all of any railroad con
structed by another company Is limited to
cases where the purchasing company's line
and the road purchased are continu
ous or connected. If the line
purchased or loaned does not
Form a connected or continuous line with the
road owned by the company purchasing or
leasing thu sumo , there is no power given by
statute to either make a lease of said railway
jr hold under the same. This was the Htuto
Df thu law In 1871 , and when those companies
tveru organized and consolidated , und the
itatuto has remained in that form until the
[ ircscht time.
Section 2 , article 2 , chapter 73 of the compiled -
piled statutes provides : "That U shall ba
competent and lawful for any railroad com
pany , heretofore incorixiratcd or organized ,
) r which may bo hereafter Incorporated or
) rganUed under the laws of an adjoining
itato , and which shall have extended its rail
road Into this Mate , or have become n corpora
tion of this state under the laws thereof ,
to mortgage , lease or sell that part of its
railroad , aim the property right * , privileges
and franchise * connected therewith , situated
m lull utoto to tiny railroad in this Elate , and
, he railroad coifljiany umyior such purcaiua