THE OMAHA DAILY BEE ffJSDNESDAY APKIX. 20 , 1892.
THE DAILY BEE
K. ItOSEWATHK , KniTon.
PUBLISIIKDEVKKY MOUNING.
OFFICIAL PAPER OF THE CITY
TI.HMS OF SUltSOllIl'TION.
J ) llyllco ( without Sunday ) One Ycar. . . .
Dnlly nntl Sunday , Quo Your. . . . W
HixMonthii . 5
Three Month * . . . . . . . *
t-nndHy llrr. One Yrnr. . *
Mturdny Iteo , One Year
\Vcokly lice.
OmnhB.ThnHronulldlnfr.
EouthOinnlin , corner N nnd C6th Strceti.
Council ItlnlTs. 12 Pearl Htrcot.
Wilcnm tinice. 8i7 ( bamhrr ofommoree ,
Now York , Ilixiinnl-M * nnd ir.TrlbunoUulldln ?
'Washington , Mil Fourteenth Streot.
OOHHESPONDENOK.
All commutilcntlons rplntliiB to nnwi i nnd
editorial inatter should bo addressed tc the
l.dltorKl Dvparlmcnt.
BUSINESS LETTERS.
Alt litnlnpwIottprR nnil rornlttnncct should
Icarldn pd to The lice Puhllshlne Company.
Omaha. Drafts , chocks nnd pnstolllcp ordon
lo bo mndo pnyablo to the order of the com-
, Proprietor
BWOHN STATEMENT OK 01HOUI.AT1ON.
btiiteof Nebrnskn. ! „
County of Douelai. 1 a '
Ooorso It. Tucliuok , secretary of The nee
I'lihllsnliiB company , does splunuilv swear
tlmt the nctual clrcuintlon of THE lUtr.v UKK
for the week ending April 10 , 1H > . ' , was as fol
lows :
Hiinduy. April 10
Monilnv. April II
Tuesday. April IS
. 13
WodnPHdny. April
Thiirnday. April 14 . 2. .8.3
'
1'rldny. Aprl 115
baturdny , April 10
Avoraso
UKOUOn 11. T/.SOIIU01C.
Sworn to before mo and subscribed In my
iirosonco this 10th day of April , A. 1) . , 1892.
SEAL NPr.n. . .
Notary Public.
Ascrngo Clicnlntloii lor Jlurch , 1M:1 : ( > .
IlOMi : pilronijo ! ! is building up homo
Industries. Lot the good work go on.
Aiinoli day will bo well colobrntod if
two trees nro pluntod at every school in
Omaha. _ _ _ _ _ _ _ _ _
Tins modus vlvondl has boon prac
tically ngrccd upon nnd Rtim visivgcd
wnr liidos hisuirly head as if thoroughly
ashamed of himself.
IK A sitnitary inspector is "utterly
usolobs" us charged by the commissioner
of hoallh why should ho bo merely stis-
pondodV An "utterly useless" ollicor
should bo discharged.
TUB investment of $100,000 in subur
ban lands largely owned by nonresidents -
dents , cannot help Omithti workmen tea
a single day's work , or put into their
jiocknts ono dollar in wages.
SENATOR GORMAN'S ill health comes
at an opportune time. Ho can retire
gracefully from the democratic national
committee with this excuse and nurao
his promising little presidential
boomlot.
Mit. MARTIN'S motion to appoint a
committee of throe to report a plan for
beautifying the school grounds of the
city was very properly adopted. The
committee should include in its plans
the pointing of every brick school build-
lug In Oinuha.
IT is stated that Senator Hill will lay
his presidential cloak around the
shoulders of Calvin S. Brice when the
campaign becomes too hot to make it
useful to himself. Without flattery it
may bo remarked that the garment is a
perfect lit for Brice.
CIIEYKNNB will probably accept
$100,000 for a public building at the
hands of congress on the principle that
email favors are thankfully received ,
but $100,000 is too small a sum to orccta
respectable federal structure in so
promising a young city.
TiiEsittjncr members of the Board of
Fire and Police Commissioners hnvo
Hied their answer in the supreme court ,
nnd so the contest moves leisurely
along. It will probably bo Bottled by
the time Governor Boyd stops out of the
executive office into private life.
KUCTIUC'ITY is already used to some
extent in propelling farm machinery
nnd In propogating plants in foreign
countries. Senator PolTor's resolution
ivsking for information concerning ap-
pllott electricity will , however , evolve
no now facts that are not already within
the reach of scientific people.
SOUTH OMAHA finds it necessary to
resort to an occupation tax to ruisc
funds for the conduct of the business of
the municipality. This is not an un
common proceeding In cities but to the
mind of THK Bun it is nn unhappy last
resort excusable only when revenue can
bo raised by noothor motliou.
Tircitn can bo no question that the
United States senate .tnado n seriouf
inistako in dismissing its executive
clerk , Mr. Juntos R , Young , without an
Investigation. For fifteen years Mr
Young had boon a trusted and faithfu
ofliciul , and his character for integrity
nnd trustworthiness was above reproach
During this long period of service thi
proceedings of the executive sessions o
the sonuto wore frequently made public
but not until the discussions on tin
Boring sea vvoro disclosed was thoroan ;
intimation of n suspicion that the leak
ngo was through the executive clerk
Tiioro is every reason to oollovo tha
there was not the slightest ground fo
euspootlng him In this instance , and a
nny rnto justice required tlmt his de
round for u full nnd searching Invostlgn
tlon should have boon compiled with
As it is public Bontimont is unanimous ! ;
with Mr. Young , und the natural in !
prosslon is thnt some of the ponalor
who wora most /.oalous in urging hi
dismissal were afraid of an invostlgn
tlon. The inatter Is probably not yo
fully disposed of , und Mr. Young , with i
Iconn Bongo of Ida unjust treatment , inn
conclude not to drop it until ho ha
inado some disclosures that' will bo o
general imbllo interest. His dotonnl
nation to vindicate himself la ontirol ,
commumlablo. Meantime vho incldoti
la serving to linpross more Btrongl ;
u [ urn the publfu mind thu unrapubllcai
o'n\ractor \ of the bocrot
The war between cattlemen nnd the
settlers , generally tortnod rustlers , now
waging in central Wyoming is but anew
now phrwo of the strupglo that has fol
lowed the encroachment ol the home
steader upon the stock range nlong Iho
whole wobtorn border nnd marks the
chmnx of the most desperate resistance
in the entire conflict.
Wyoming was pioneered by Inrgo ont-
tlo owners. The territorial organiza
tion was dominated by Ihoin. The stock
l.tws were framed in their interest
solely. North of the Union Pacific ratl-
way their sway was absolute. That
which was most desirable in lands , in
wntor rights nnd in kindred privileges
they acquired by moans often quoa-
tiomtblo or claimed by right of posses
sion merely. The ownership of the
maverick , controversies over lands and
water privileges and the stock associa
tion's system ot blacklisting omployes
wcro among the principal sources of
contention and ill-fooling. The mav
erick law was in the interest of the
largo owner to the exclusion of all
others. Etnp'oyos were expected to
"rustle" for their employer , but were
blacklisted and branded as thlovos uld
they "rustle" for themselves.
Settlers were regarded with n jealous
eye. The fact that they eamo upon the
range was in itself considered an of
fense. If they ontorad land in the largo
.matures , contested illegal entries , or
anything in conflict with the self-
assorted rights of the cattlemen , they
, vcro subjected to the most relentless
oppression nnd intimidation ; were In-
olved in expensive litigation and had
every conceivable injury wnd annoyance
nit upon them. Employes of the cat-
lemon received no fairer treatment ,
faithful and olllclont men were black-
isted often on slight suspicion merely
or tlirough potty spite.
The effect of this policy , pursued with
the energy of so powerful an interest ,
was to arouse a Oittor sense of injustice
on tlio part of the settlers , This condi
tion of public sentiment , the nature of
the coun'ry and the fact that the penal
ties for violations of the stock laws
were so severe as to render convictions
next to impossible , all combined to give
immunity to the lawless element.
While the cattlemen have suffered
oss , the wrongs they have received at
the hands of individual rustlers are but
the natural result of the injustice and
oppression they have practiced upon
whole communities. It would bo un
reasonable to assume that every small
cattle owner is a thief , not1 justifiy
resorting to unlawful means of redress
oven where the wrong is plain. The
average citizen of Wyoming is thrifty ,
energetic and self--oliant. The differ
ences of climate and location render his
struggle to subdue and possess the land
a harder one than the majority of Ne
braska homesteaders have undergone
and ho should bo accorded a word of
sympathy and cheer in hla present ex
tremity.
Reliable reports of the present out
break have been hard to get. The con
ditions have been such as to prejudice
correspondents to n , greater or less ex
tent. When the first hostile move was
made by the cattlemen the correspond
ents generally were coerced into sup
pressing the news ol the armed invasion.
Had it not boon for THK BnK the outside
world would have remained in ignor
ance of the true fatato of affairs for &omo
time at least. The first news to reach
the press of the country came to TllK
Bi-K from its Casper representative and
correctly foreciibt the events which
were to transpire. From that time on
THK BUM has given the news from the
various points near the scone of action
from twenty-four to forty-eight hours in
advance of all other papers and with a
clearness coming from a perfect under
standing of the situation. The crisis is
not yet ever , but it is to bo hoped that
justice will prevail without the loss of
another drop of blood.
TIW NAVAL
i Twenty-live democrats in the house of
representatives voted in favor of an ap
propriation for the construction of two
buttle ships and ton torpedo boats in ad
dition to those ordered by preceding
congresses. This number is not gulli-
eiont , however , to relieve the demo
cratic party of the charge of being hos
tile to the policy of giving the country
such u navy as will bo ndcquuto for the
protection of its intoresla in time of
peace and its defense in the event of
wnr. A largo majority of the democrats
of the house were opposed to appropri
ating more than sulliclont to build n
single cruiser for the navy , and there is
reason to % believe that many of them
were reluctant to do even this , but they
understand that the party could not go
before the country and defend a refusal
to vote any money for additions to the
navy. They know that the intelligent
judgment of the country would condemn
the abandonment of all efforts to give
the nation a naval establishment thai
will bo a safeguard in n possible emer
gency , and the possession of which will
do much to commund for the United
States the respectful consideration ol
other nations.
AUcommorclnl countries find it neJos
sury to rniiintjun a nuvy , but there is r
very general misapprehension in tiili
country of its purposes. Those are tin
protection and development of coin
inorco , the defense of American citly.oni
nnd American interests in ail parts o
the world , and the protection of Amor
lean coasts and American into'ests a
home in time of wur. In the course o
the discussion of the naval approprintiot
bill Representative Lodge of Massnchu
sotts said thnt wo have got so much ii
tlio habit of referring to the decline o
our foreign commoreo tlmt wo are apt t
forgot that though its amount is relatively
tivoly small much smaller than it ough
to bo it Is still absolutely very lurgc
Over 1,000,000 tons engaged in the fet
cign trudn Is un important interest , am
when to that Is added our great coast
wise nnd lake trallio It will bo foundtlui
wo stand second in the list of nations c
the world and fur ahead ot those thn
come after us in point of total tonnage
Along the Atlantic coast ulono ire huv
1,700,000 tons of coastwise trnillo und o
the lakes 1 , 00,000 tons.
This great coastwise tonnngo , snl
Mr. Lodge , us well us our foreign curry
ing trudo , need protection the prolec
tion of the American flag on American
public ships. Commoreo cannot bo
guarded except by n navy , and without
nrmcd protection it retreats und disap
pears. The duty of protecting Ameri
can business Interests and American
citizens in nil parts of the worlu makes
a aomnnd for n navy , and the more wide
spread nnd intfkato our relations with
other countries the more urcont thisde-
inand will become. But the paramount
necessity for u navy is the protection of
our coaets. However strong wo may
make the land defenses , in order to ob
tain complete security tor the seaboard
cities wo must hnvo powerful ships ,
heavy In guns and armor , nblo to fight
at son nnd to keep n hostile licet from
ever coming within range of our coaets.
This is n inatter which concerns the
whole people , and not those only who
live on the seaboard nnd whoso Interests
nre there. Any other view of the sub
ject is narrow and unpatriotic , for every
citizen is interested" the general
safety , in the protection of our com
merce on the ocean and along our
coasts , und in the security of our rights
nnd Interests as a nation throughout the
world. Those conditions nro Important
to the fanners of tlio west as well ns to
the merchants of I ho east , to the people
of the interior as well us to those on the
seaboard. ,
TACTICS.
The county commissioners have once
more postponed notion on the proposi
tion to submit the Nebraska Central
project to ttio voters of Douglas county.
This stop is manifestly taken nl. the bo-
hosl of parties who are interested in the
existing bridge and trackage monopo
lies. Their tactics from the outset have
been to delay action and dilly-dally with
the commissioners and load down the
proposition so as to bo unacceptable to
investors who are disposed to embark in
the cntorpribc.
It is proper enough to surround the
bond proposition with buch safeguards
ns will fully protect the taxpayers and
will insure compliance with all the con-
ditions.undor which the Nebraska Cen
tral would build its bridge and opornto
its lino. It was also proper to invite
prominent taxpayers who are not inter
ested in choking oil the project to make
suggestions ns to what conditions should
bo imposed upon the ei npany in the in
terest of the community. That the
county and ejty attorneys nro competent
to formulate these suggestions cannot
bo gainsaid. As n matter of fact they
nro the legal advisors of the county and
city and are presumed to bo competent
and responsible. Assume , however ,
that the county and city authorities have.
a right to call to their aid legal exports
would it bo reasonable to employ at
torneys who nro committed against the
proposition1 Would not such a course
justify the inference that a majority of
members of the board of commissioners
und council has boon won over by the
existing bridge and trackugo monopolies
and in reality have no intention of giv
ing the people a chance to vote on liny
proposition that the Nebraska Central
people offered to accept ?
Throe weeks have elapsed since the
proposition was ftrot placed before the
'county commissioners and council.
There certainly has boon ample time for
objectors and suggostors to got a hear
ing. There has boon ample time also
for Iho legal advisors of the city and
county to perfect their propositions and
ordinances. What excuse can bo olTored
for further delay ?
A S2VIAV ) AND DKLlVEll POLWY.
A Colorado bullionairo organ wants to
raise the black Hag in the imp ° nding cam
paign. In the event of Harrison being
nominated at Minneapolis and Cleveland
at Chicago lliosilvor men in Coloradoand
other silver-producing states shall nomi
nate electors pledged lo vote for ifton for
president and vice president who are
known to bo outspoken in favor of free
coinage. The bullionairo organ expresses -
presses the opinion that such a move
ment would sweep the silver states like
a cyclone , and that if a similar course
should bo pursued in some of the south
ern states the result would bo to throw
the election into the house. "Tho free
coinage sentiment that such a canvass
would stimulate"says the journal which
makes this extraordinary suggestion ,
"would probably insure the selection in
the IIOUFO of a free coinage president ,
and the election of a congress that
would pass u free coinage law. "
There is nothing to prevent tlio free
silver people from getting together ant ]
nominating electors , who in turn miglil
meet and cast their votes for whomsO'
ever they pleased , but it does not follow
that such a proceeding could under nn.\
circumstances result in throwing the
election of president und vice president
into the house of representatives , 01
that it would Imvo nny ellcet except U
convince the country that the people
who want to c.ompol the government t <
pay them 30 per cent more for their pro
duc > than its market value , nnd nrc
willing to brine the t-ountry to the single
glo silver standard , nro so desperate
that they will resort to anything thu' '
olTors the least promise of helping tholi
policy. But asuino for the sake of argument
gumont thnt thn proposed .plan migh
result in throwing the election of presi
dent and vice president into the house
is there the slightest probability tint
the democrats of that body would rojec
the candidates regularly nominated 1 > ;
the national convention of their purtj
and take up men whom the party couli
not possibly bo induced to nominate
Such action would bo not only demor
nlizlng to the party , it would bo fatal
As to the possible olfcct of the sllvo
organ's schema in electing a congros
that would pass a free coinage bill , per
haps nothing could bo devised moro certain
tain to prevent suoh n result. It la sat
to predict that It will bo a very loni
time before another congress is oloclc
ns favorable to free silver us the prnson
ono. His not likely thnt any seriou
effort will bo tnado to curry out the BUR
gustion of the Colorado free sllvo
organ , but it is interesting as Hlustratin
the desperation of some of the advocate
of tlmt policy ,
Tin- : friends of Captain John C
Bourke of the Tenth cavalry , who ar
numerous in this city nnd the west , wll
bo pleased to BOO that the house r.omtnll
too on Indian nlTairs dccllnob to con
sider the charges inudo iignlnst him b
Gnrr-a sympathizers and other border
Mexican ? . Cap u Bourke Is n gallant
onicor who knomiilils duty. Ho knows ,
too , how to dbKP with filibusterers on
the frontier , njU ) , It la this style of
knowledge that ! makes him unpopular
among the turlniltlVit classes along the
Ulo Grande. lUs trndttcora are rapidly
slinking out of dighu Some of them
nro In jail , otho 'jindor ' bonds nnd still
others have left o the country , bit the
captain is still dti liuty.
T' * V _
ya inttip.
St. l\iu\cl \ > lunteiPrcsi.
As tbo dotnocrntlo monUoy remarked to
ttio democratic parrotnflor tbo Pennsylvania
convention : ' 'It's a good thing wo don't got
tOROthcr very often , pard. "
Wt < o Moiuul Ifnllilcm.
The Indian mounds in tbo inundated dis
tricts of Mississippi have boon the means ot
saving tiundrnds of llvoa. Tlio mound
builders bulldcd wiser than they .know.
Lot ChlvnKO Tr > ' ! '
AVic York H'orM.
If Chicago really carries out Ita thront to
ralsa all the money neodoJ for the fair unless
the general government loans tbo $5OUU,000
without security , Chicago will do a great
service to the rest ot the country , but clilolly
to its own c rod It.
Knlnrgn tlio 1,1st , Gotornor.
Mtnncapnllt Trlliwic ,
Governor Boyd of Nebraska I announces
that ho is for any man who can carry tNow
York , Now .torsoy nnd Connecticut Cleveland -
land , If possible , Hill , If necessary. Ho will
hava to ox to nil his list to Include Harrison ,
for those states are going republican next
November.
Tlio ItlKlit .Mini Kir tlui IMiicn ,
JVcio York lt'oW.
It Is Intimated that ex-Son ntor Edmunds is
llltoly to bo ono of the arbitrators from the
United States In tlio Uoring sea controversy.
If such an appointment should bo made wo
can bo certain that the country 'vin not
suitor for lack of astuteness , knowledge of
the facts or learning in the law.
The 1'lrnt In Twriity Years.
< 71' bc-Df mucmf.
The coming republican national con70titlon
will bo Iho first Mnco 1873 without a contest
for the presidential nomination. In that your
Grant xvas renominntcd unanimously. There
was au uxcitinp struggle In every convention
afterward up to and including that of 1SSS.
It 1S70 seven ballots were required for a
choice , in 1SSO thirty-six ballots , In 18S4 four
ballots and in ISbS cl.-ht ballots.
PUULTlCUfO ITALY'S
Cincinnati Commercial : Undo Sam's set
tlement witti Italy , for SSi.OOO , of the Now
Orleans lynchlnc case , is wholly satisfactory
on the score of cliirmtj , although It Is cheap
Globe-Doiuocrat ? jlf Italy could soil nil of
_ , her Malla men at tbo rate which the United
'Status uaid for these killed at Now Orleans
it would ho tno tupsL prolitable speculation
of nor lifo.
Now York Evening Post : But wo trust
some stop will now * bo talton by tbo adminis
tration to deliver-tho government from the
humiliation of inability to control the judicial
proceedings to which : tbo nllair has given
riso. F
Now York World M If the Italian govorn-
mcr.t is satisfied with the reparation which
wo Uavo made for'th'U ' Now Orleans killings ,
it is our turn to as1 Italy to satisfy ns for
nrrostlnc nnd imprisoning un American citi
zen , Nicollno Milco , 6n the ground that ho
was a fugitive from the Italian military
lew. ' '
Chicago Times : . .Italy Is to receive $25,000
indarnnity for the murder of her subjects
resident In Iho ftew O rloan * Jall There is
no question of the liberality ol the price , bu <
it does scorn n little small when ono rellects
Unit the demands of thn United States for
cash to heal the wound * received by a few
sailors nt Valparaiso now exceed SJ.OJO.OOU.
Now York Herald : The response made by
this government Is nn ncl of international
comity which will doubtless lead lo Minister
Porter's return to Homo and tbo early ap
pearance of an Italian minister at Washing
ton. For this restoration of the friendly
diplomatic relations which bayobecn strained
for a year Secretary Blalno is to bo heartily
congratulated.
Springfield ( Mass. ) Republican : In ac
cepting the indemnity which Mr. Blaiao of
fers to the families of the virtims of the par
ish prison massacre at Now Orleans , Marquis
Imperial ! docs well to reserve tbo right to
press the suits which have been Drought
agaliiht the city of Now Orleans and some
of the loaders of tbo mob. This $2.r ,000 is
only n peace otforlng lo Italy , intended as an
evidence of the friendship of the United
States , nnd of our desire to yestoro tlio for
mer cordial relations. It is n paltry sum ,
inadequate ns compensation , and not in
tended as such. The compensation should
come from tbo individual ! and tbo commun
ity which Inflicted the loss , and not from the
country at largo.
ff CUA raxrioff JCIJUKS.
Beatrice Democrat : The democratic plat
form of Nebraska was subjected to a bi-
chlorida of gold treatment.
Blair Courier : In the estimation of many
loading democrat ! ! of lhis"secton. ! James 1C.
Boyd is now as dead to polities as if bo had
never boon governor.
Norfolk News : Governor Boyd captured
tbo democratic stale convention , but before
the campaign Is over the World-Hi chcoclc
can put him permanently on its list as a
' fallen idol and blasted hope. ' ' As u Moses ,
Boyd isn't in it.
Plattsmouth Journal : Mr. Bryan's re
mark that bo didn't think banquet which
cost f J a plato was a good plnuo to judge of
Nebraska democratic sentiment was a cen
ter shot at the riuh men who attempt to ruu
the democracy of this stnto.
Fremont Flail : About the only thing the
democrats of Nebraska seem to bo united on
is that the McKinley tariff is a dad posted
robbery. But the darkest cloud that hangs
ever thorn , und which throitons to over
whelm them , has a silver lining.
Hastings Nebraskan : The Omaha World-
Herald auys that the lute democratic state
convention marks a now era in democratic
politics in Nebraska. There is ono thing
certain the era did not open auspiciously for
thu party , for tliu indications are that it has
boon disrupted fiom brovvu to sole.
Platte County 'JATjrus : It has remained
for the Ho walls .Tonr.nul to declare that Gov
ernor Boyd is entitled to n chance to succeed
himself. WUli VWCWyckin the flold hn
"chance" would bo worth about , as much as
the uvorngo chm : < x > _ r a Louisiana lottery
ticket lo rake In the capital prizo.
"On fame's etoriinl ciiinplni ; ground"
lloyd Iris no lent to snruiul :
reached thn jonlth further hopes
Are useless lit.1t . itoad.
. ' -
Clilonso Times : An nmlert ikor'rf man sor-
vunt might pi ( > ni > rJT.Ui , ) called tliu v.ilul of the
ah.idow of tluulli.
.Now Vork Herald ; If * .ninn Rood men
ii H iiotwl n Ihoy tlilnk limy are the gatns o !
r huuvun would uuud to Lo widened to eimblt )
them
3 _ .
r-'omcrvlllu Jourtinlt A seasonable liymn
Hint WJIH nutHiinif Jn miy of tha churulit'k IH ;
"Whoro Did Vim Get That Hat ? "
_ , ncnoral Uoiohiintor ( to Mlsi Todrt-
„
worthy , who has u tiroliiur In cnllugol In
spile of what you say. Allm Todworthy. I ap.
piovu of your brotbur's ph.Vklual training. In
my youth , when I was In co luge , I was the
bust Gprlntor In my cluss. und I never hurt
Miss ToJworthy Vnry true , gcnertl. bul
you must romomhprtlialniy brother has in
Idea of cnlurliij : thu army.
KewYork Trlbuner Tivltters-Why Is thii
pie HUe the family which llvui In u ilurlen
Landlady You must unllcliteii me , my doai
Mr. Twit lor * .
Twlttors-lleeauss His In such small ( juur-
tCM.
Suvnnnuh Mows : Durltiztho relxn o ( thu
umbrella trust the meinburs will huru ui
open and lint" llilnzim prluui.
Itlnilmmton Itepulillcun : An atlilotlo re" .
enl Is thu only lluuz Uiul Jmpiovcs by break
la. .
Oity Attorney Oonnoll Claims tlio City
May Condemn Laud for Parks.
THE CHARTER'S ' MANDATORY PROVISIONS
Unilor Tlinm the Cmiileimmtlon I'rorecil-
IIIRH U'rro Ooiitrtnplnlcil When llonils
Wcro Voted ittT'tlon : | to Judgci
\Vnlidry's Opinion The Law.
At a recent mooting1 of the city council n
resolution was passed asking City Attorney
Council for his opinion ns to whether Iho
city lias authority to condemn prlvnto prop
erly for porn purposes. At the meeting last
night Mr. Council presented the following
reply :
OJHIU , April 18 , 189J. To the Honorable ,
the City Council of the City of Omaha-Uon-
tnon : In compliance with a resolution
adopted by your honorable body calling upon
no for my opinion ns to whether the city has
authority to appropriate prlvato property
for public parks and Iho mode of procedure
to be followed in making such appropriation ,
I Imvo the honor to submit the following ;
It is my opinion that the city 1ms the
right to appropriate prlvato property for
parks , and that It is the duty of the mayor
and council to acquire the lands nccossitry
for parks by condemnation proceedings. U
is also my opinion that before anv action is
taken , either for the appropriation or purchase -
chase of land for parks , that Iho Board of
1'nrk Commissioners should not only do-
tormina the land necessary for parks , bul
also designate the land required for park
ways and boulevards connecting J ho several
parks proposed to bo created. The provisions
of Iho charter with respect to such duty of
the Hoard of Park Commissioners is as
follows :
It shall be the duty of said board from time
to llmu to advise , lusizost und roconimiind to
Iho mayor and council n syaium of publlu
parks , park ways and boulevards , or addi
tions thereto , within the city or within threu
miles of the limits thereof und designate the
lands nnd grounds necessary to bo used , pur-
cimsod or appropriated for suoh purpose.
When this is doiio by the Board of Park
2ommlssionors it then becomes the duly of
bo mayor and council to truto such action
ns may become necessary for the upproprla-
Mou of tha lauds and grounds so designated.
! submit that before nny action whatever is
.akeii by the mayor and council
.vith reference to cither the pur
chase or condemnation of land for
parka , Iho plain totter und evident spirit of
the charter should bo carried oot by a recom
mendation on the part of the park commis
sioners of n system of public parks , parkways
and boulevards. It is very certain that ono
of the chief advantages of securing paries is
the connecting boulevards between th'o same ,
forming , as the charter contemplates , "u
system of publlo parks. " The desirability
of suggesting and providing for a system of
parks , parkways and boulevards as reuulrcd
by the charter is plainly manifest when tbo
question of paying for the lands necessary
for such purposes is considered. The pro
visions of tha charter following the declara
tion that it shall bu the duty of thu mayor
and council to takts such action as may bo
necessary for the appropriation of lands and
grounds BO designated , is as follows :
Tortho puiuoso of making payments for
hiielj binds and ( 'rounds the mayor und coun
cil hhall assubs such real L-st.tto asnav bo
specially benefited by reason of the appro
priation thereof for such purpose , and issue
bonds as muy bn required for such put pose to
thoeUcnt and amount required In o.xccas of
uch fcsses-mient.
By following these plain provisions of the
charter ana securing a system of parks with
connecting oarkways and boulevards , sub
stantial and special banetiu to adjacent lands
will immediately result by rcusou thereof ,
and a very considerable portion of the cost
of obtaining the necessary lauds for parks ,
p.u-Ku-uys and boulevards can ou provided
for. It "will then bo necessary to issue bonds
only to the extent and amount required in
excess of such assessment. It is fair to pre-
sumu that when the people of the city of
Omaha voted thcso bonds it was on the sup
position that these plain , mandatory provis
ions of the charter would DO carried out. and
that bonds for the paymcntof lands lor parks ,
parkways and boulevards would only bo is
sued , to use the language ot the charter , "to
the extent und amount required in excess -
cess of such assessment. " As the
result of such n course , a very con
siderable portion of the bonds could bo used
for improving the parks , pork ways and
boulevards. This would icsult in giving em-
p'ovment ' to a larjje number of men and the
city would immediately secure bomo sub
stantial benefit Irom the establishment of
parks , parkways and boulevards. It is a
mistaken notion that the bonds were voted
for the purchase of public parks. Tbo
proposition submitted to the people , which
was voted at the election in November , pro
vided that "said bonds should be issued from
time to time as required for tno paying for
and improvement of publlo parlis , parkways
und boulevards. " The proposition sub
mitted to the people made no reference to the
purchase of land for perks , but evidently
contemplated , as already indicated , that the
proceeds from the bauds should ba used for
the payment of paries , parkways and boule
vards , the same to bo secured in the manner
authori/ed by the charter.
Kcupts to Juilgo AVakeloy'g Opinion.
That the authority exists to appropriate
lands for parks , parkways and boulevards , I
have no doubt whatever. I recognize the
learning and ability of Judge Wuuoloy. but
after carefully reading his opinion I am in no
manner disturbed regarding the correctness
of the opinion I recently furnished to the
mayor. Judge \Vakoloy does not assort with
any degree of confidence that the right to appropriate
propriato land for narks does uot exist. The
most ho attempts is to create ti doubt or un
certainty regarding such right , and ns the
interested lawyer of interpstcd parties , who
desire to unload their lauds on the city at un
exorbitant price , ho laboriously roaches the
conclusion that his clients may resist the
right of tbo citv to condemn their land for
parks if they doom it to their interest to do
BO. In reaching this conclusion Judge
Wnlieloy states some propositions of law with
regard to which there is no question or con
troversy. He states that the power of a mu
nicipal coiporation to condemn property
must bo civon in special or express terms ,
and does not urlso by implication. In sup
port of this pronoslticn ho cites numerous
authorities , i d'o not take issue with Judge
Wakeloy regarding the views expressed by
him on this point. Ho also states that "it is
extromolv prooablo that the courts would
hold that the provisiouH of the charter for
condemning private property for any public ,
use in this city are invalid for the reason
that no provision is made for any notice
whatever to tnu parson whose property U to
bo taken. " Ho further says lhat section
118 of the charter and the following
sections contain the only provisions 01
this subject , I concoJo that notice to tlio
property owner Is essential baforo ho can bo
deprived of hi property by condemnation
proceedings , I , however , must decidedly
take Issue with Judge Wnkuley that tboro
uro nn valid provisions for giving notice to
the piopcrty owner. If the position ot Judcru
Wakoley is correct all proceedings for the
appropriation of land by the ulty which have
been takou for tbo past tun years for the
opening und extending of many tnilus o
streets and alloys and lor the construction o
Eowora have buon absolutely void. A con
Kldcruolc number of those condemnation
ca es have been trlnd before Judge Wakeloy
and neither ho &or tnu nblo lawyers rupro
Renting thn property owners ever Intimntoi
that the proceeding were void for want o
Rulllcient notice. It Is true that the sootloi
of the charter cited by Judge Wakoloy does
not in terra * provide for such notice , but
when It Is admitted lhat the power to appro
priate lands is conferred , then other sections
of the chortor can be considered with refer
ence to the exercise of such power. Seotlon
15 of the chin tor , In express termt , gives
to the mayor and council the
"power to pass nny and all ordinances
uot repucnunt to the constitution oud
laws of this state neo. sary or proper lo
carry iuto effect any 01 the provisions hereof
Y/OODBURY'S / FACIAL SOAP
fur Ilj Bkln.Kcalp nJ Cumrkiilon.
Th iviull i > r nu ju i ' xporltac * .
I At ItMiCUl * * * " * " * * l ' ' 7 Iwull.
1 c c. A n > ni | > li > t' kn uu.l I ! ) fuet
I oouk i u licnuiHuloss i"l l.autjr ,
\ llluilr tfil. nn Hklil , Wolf , Nortuul
/ ( lid UI.KJ I lllHUwl anj tUIr dell.
Jy iu t. tuuttwtloil lo ! .i I'Udiuro.
menu , Ehlh > Urk . Ho ! i , Warn , luilll
Ink uml I'ouJor M rU , frnn. niUlgl ,
Ke'liw" rf Km * . HupciltuiMii I ulr Ilni.
pl i , etc , nwonxl. Coujoluttou rnt > , t cfBM vr 1 ] will.
JOHN H. WOODEJURV , Dermatologies ! Inthlute.
IZS Writ < t nO Mrcvl , Aviv York City.
r nny of the powers horotn granted " Under
ho power clvon by ootlon IS , .Hideo Lnkea
Boon many year * nfto carofuliy prepared nn
ordinance providing for tlio glvlnc tiotico to
he owners of property doclnrod necessary to
bo appropriated. Including the form of such
notice nnd the manner of sorvico. which or-
llnanco Is to bo found In chapter 55 of the
revised ordinances of the city. Under the
provision * of the charter and of the ordl-
innco referred to , the richt of eminent ilo-
naln has been exorcised by the city for
nony years.
Construing n Cliuno.
bfetlon 04 of the charter to which Judge
Wakoloy makes ruforonee us having been
irobably repealed , did not in any manner ro-
ate to the giving of notlco to property own
ers , so that oven If said section ( H Is resealed -
sealed it 2an nave no bearing on the quov
tlon of notice. Neither did said section ( VI
nnko nny reference lo parks , parkways or
boulevards , so that whether It Is repeated or
mt repealed is immaterial so far us ihe right
o appropriate land for narks , parltwnys ntul
joulovtmls Is concerned. It ma } * , however ,
n this connection bo well to consider what
was Intended bv the legislature when It dc-
clnrca that "ft Is hereby tlio duty of the
nnvor nnd council to tnko such acilon ns
inlpht bo necessary for the appropriation
of the lands nud grounds so designated , " Is
t not absurd to conclude lhat the IbRlsltttura
required n duty to bo performed by ttio
nnyor and council fur which no authority or
tower existed ! Is it not moro reasonable to
iny that by expressly maUinp it the duty of
.lie mayor and council lo npproprlalo lands
'or parks , parkways aim boulevards , the
tower so to do was thereby coulcrrod I As
: learly showinir that it was Intonucd by this
ntiKuago to' confer the power to appropriate
finds for such purposes the following state
ment immediately follows the enjoining of
said duty : "And said mayor nnd council are
iiirthor authorized upon the recommendation
of said purk commission , " etc.
Judpo Wakoloy lit his opinion quolot
another provision in section IDS which au
thorizes the park commission to purchase or
condemn land in cities or villages within
three miles from the corporate limits of
Omaha. Ho , however , questions , and I think
correctly , the validity or effectiveness of
said uowor by reason of the same having
boon conferred on the commission in place of
the mayor and council. I ncreo with him
thnt It was probably intended that Iho power
to condemn lands in adjacent cities or vil
lages should bu exercised by the mavor and
council , and by in In tnko the park commission
was referred t'o. But is it not else absurd to
conclude that the right of appropriating
lands ( or parlis shnulu exist provided such
lands ara in an adjacent city or village when
no such right exists to appropriate open nru
unoccupied pruirlc , outsldo of such city or
village.
The more carefully I examine the provis
ions of the charter nnd ordinances of the city
relating to the right to appropriate lands for
parks , paritways and boulovnrds , the moro
fully nm I convinced of ihocorreclnoss of my
poslllon. If any doubts exist ns to the cor
rectness of my conclusions , 1 would bo clad
to have tbis opinion submitted to Jiid o
Lake , who is not only 0110 of the most
eminent Jurists in our state , but is nlso a
member of the park commission and thor-
ouchlv fqmlllEr whhalllhoprovlslons of Iho
charter and ordinances relating to the right
of the city to appropriate land fpr park pur
poses , nnd have him snv for your guidance
whether or not i nni correct.
I'riiUslotls of hectlon 1 IS.
If ihe power is conferred on the mayor and
council by tbo provisions of sections" IDS to
appropriate lands for parks , pnikways and
boulevards there can be no doubt that u com
plete mode of proceedtiro for making such
appropriation is provided by other sections
of the charter. Section 1 IS ol tbo charter
provides as follows :
Whenever It shall become necessary to ap
propriate prlvato prouerty for the use of the
eliy for parks or parknrys and such appro
priation shall bo declared necessary by ordl-
nani.o. tliu mavor. with the approval of the
council , shall appoint three disinterested free
holders of the city , wJio. iiflerduly sworn to
pHrform thn duties of their appointment with
fidelity and Impartiality , shall assess the
ditm.iKes to the owners of the property respec
tively taken by such appropriation. "Such as-
sesM-d shall bo reported to the council for
confirmation , and If the same shall bo eon-
flrniud the ( liiiiiasos so assessed shall ho paid
to thu owner * of said property or deposited
with the city treasuiornuuject tn thu orders
of such pioporty owners icsneetHoly , after
which such property in.iy nt any tlino bo taken
fortlio use of thoolty. If tiniisscssmnnt bo
not confirmed by tlio council proceedings may
bo tjiKon anew to nssevi the damages.
It will bo observed that under the provi
sions of the section a Dove quoted that the
mode of procedure is clearly pointed out and
well Qollned. As already shown , the ordin
ances of the city , under nn express provision
of the charter , provides for the notice to
property owners und the manner of giving
the same. As further indicating tbo mode
of procedure , on the part of the properly
owners , ns well us the city , by reason of Ihe
appropriation of private fnopcrty for parks
and parkways , .section lliO of the charter
provides as follows :
In all cases of liamaRO arising under the
provision of this net the party or parties
wboso property Is sought to be taken hv the
provisions of this acU shall have the right to
appeal from such assessment of anmajo to
thu district court of the county In which sala
property Is situated within thirty days after
the assessment provided for In s.ifd act , but
such appeal shall not delay the appropriation
of the property sought to ho taken. Thy
remeay by appeal herein allowed shall ho
dcuuicd and held to be exclusive , and no
person shall bo ullowod to prosecute or main
tain any original action to recover unv dam-
URCS heroin authorized or provided for.
yoction 121 provides :
In all cases of damages arising under the
provisions of this act. upon appeal holn ?
taken by any person from any award or as
sessment of dama'iS. tno cltv shall have the
right , upon giving Jlvu dnyj notice to the pur-
sou or poisons appealing , to li.ivo sild appunl
placed upon HID trial doekot or calendar of
thu court to which said appeal may bo taken ,
nt the head of the list of cases for trl.il , and
niioh rvppo.il shall h vn priority and pro-
ccdcnco In thn order of trlsl thereof ever oirll
notions anil the court shall so nrranio the
en I of cases for trial us to give suoh nppenl
priority nnd precedence.
It will bo observed from the provisions of
the forogolnp tectlons thnt the mode of pro
cedure for the appropriation of Innd for
parki or boulovnrds Is not only complete and
In detail , but U la aumtnnry.
It Is certain thnt until the city rcsortt to
condemnation proceeding * It cnn never curry
out whnt Is contompltitod by the charier , nnd
whnt Is doslrad by the people , acotnpluloil
system of parks nnd boulevards. Kvon It
the oplnlii of Judge Wakoloy Is right , ami
my opinion Is wrong , It will bo necessary to
hnvo the power confurrcd to nppropr'lato
private lands for parks nnd boulevards before -
fore nny com.lotoJ | system can ba cnrrird
out. The prooloin which is presented might
ns well lie f n cod at this tlmn ns In thn fu
ture. As I view It It Is folly to purchase
Isolnlcd tracts of land lor park purposes tin-
loss the power exists lo connect the same by
boulovnrds. It Is certain this cnn never hs
sntlsfoctorlly done except under the right ot
eminent domain. 1 contend further thnl It Is
the holeht of folly to expend the entire
nmount of the bonds authorized lo bo isiuoil
for thu purchnso of isolated tracts of land for
parks , leaving no money to Improve the sumo
or to obtnln nnd Improve boulevards. If the
proper course Is taken a largo sum from the
bonds authorized to bo Issued can bo devoted
to thU purpose. I nm thoroughly convinced
that thu price nsked for sorco of these tracts
of land , the Uisiln district , for Instunee , can
bo reduced one-half. Since inn matter was
referred to mo 1 have tallied with n Inrgo
number ot real ostnto men , nnd from their
opinion regarding values feel Jimltled In ni-
sorting this fnct. Not onlv can n lurco
nmount bo saved by reducing the con of thu
lands doslrod for pnrki nnd boulevards , but
ns I bollovo , n largo nmount can nlso bo
snvcil from the proceeds of the bonds bv
inauing assessment.- Iho extent of special
benefits on adjacent lands.
Special MrnollU ( tinnldi-rril.
Judge Wakoley ns om thnt "there Is no
where In the charter or In the law nny pro
cedure provided by which special bunetlls
mny bo legally nscortalnod.1' To show tlmt
ho is mistaken In his statement , 1 quote from
socllon 75 of the charter , ns follows :
All special taxes to cover Iho cost of anv
publlo linptovomunt horeln authorised sh.ill
ho lev led and asMtssud on ah lots , parts of lots
and real estate houmllnir. almulne or adja
cent to such Improvement or within districts
created for limiting Rilch Improvement to thn
extent of ihu buneflts to such lots , parts of
lots and ri'.tl ( " , tuto by ru.ison ofsiiuh Im-
provomoiit. Kiich benefits to hu determined hy
thu council silling as u hoard of equalization
aflt-r the publication of notice to pioportv
oVMinrs ashuiuln piovidcd.
His further Intimated by Judge Wakoloy
in bis opinion tlmt tiio proceedings already
taken by the city council amount In legnl
elToct to n contract for the purchase of Iho
several tracts recommended by the park
commissioners. This intimation comes from
Judge Wnkeloy as nn Inteiested lawyer. To
show lhat llioro is no ground for claiming
thatj the arllon already lakcn by Iho city
council amounts to u contract , 1 would rolor
Judge Wakcloy lo un opinion rendered by
him while on the b nch lu Iho cam of U'al-
inco against Ihu clly. In thocaso referred lo
U was"claimed that the clly council , inde
pendent of the mayor , could make 11 contract ,
and by its action bind the clly. lu the case
referred to Judge \Vakolcy expressly hold
that no contract of tbo city was valid unless
apptovcd by tno mayor. On this point his
opinion Is ns follows :
Thu po or to in alto con tracts Is mnouc those
which tiy the act [ the rhuiterl Is conferred
upon thu mayor and council. * * * If the
council , by a resolution on which thu mayor
had no opDortunlty to art. can rlotho a city
azunt with the gr.ivo powur to bind the ulty
by contiaut. thu Mtatutory piurojatlvus of the V
mayor mny be wholly sot lo naught , l-'or this
there Is no necessity or warrant.
It is for you lo determine which is coriect ,
the opinion of Judge \Vukoloy as Judge on
the bench , or the opinion of Judge Wnkcloy
as attorney for Interested parties desiring of
forcing tbo city to purchase their lauds for
park purposes.
I have always boon in favor of public im
provements and nm strongly in fnvor of securing
'
curing whnt the charter' contemplates n
system of parks nnd boulevards at tbo earli
est day possible. 1 realize that ns the result
of condemnation proceedings a large amount
of work will bo added to my department. If
1 was lolew Iho matter from n per
sonal standpoint I would much prefer
that the city sl.onld proceed with
the proposed purchase rather than resort to
condemnation proceedings. But believing
that by such proceedings a largo sum of
money can bo saved to tno city , which can
ho devoted to the Improvement of parks nnd
boulevards , thereby furnishing work to un
employed men nnd give to tno people some
immediate banont , 1 nrn forced lo take the
position I do. 1 now leave Iho matter to you
for such action as you may deem proper.
Very respectfully , W. J. COSNILI ,
City Attorney.
AX KASTKU llOaiAJiUE.
Sumcii'ttle Journal.
Within the pew In front she sat
An exquisite new Easter hat
Her llguro crowned.
Perhaps to too how much her style
Was wondered at , once In a whllo
She looked around.
i Ho sut behind hnr and her glaneo
Suggested thoughts of g cutromano0
With his soul.
To think , to not. with him were one ,
She whlsperod. "yes"-tho thing was done -
Hoyond control. jT
That was a year apo. This year *
They sit toicthnr. but a tour
lledlms her eye.
The hat she wours Is out of date.
Her heal t this yu.ir Is notulatu.
She'd Hue to cry.
Within Iho year they both have learned
Th.it luxuries are hardly cnrncd
And coat a heap.
Last yoarhorp-i piild all hnr hills ,
'Jhls yonrshu has toglvo up frills
Anu gut thinecheap.
5 ? g
CO.
> W. G'oratv ' 15U an I D sti.
Like
Little Chicks
Our designs for Men's Spring Wear
are the latest thind
out new , fresh ang
desirable. We've
never had a finer as
sortment since we've
been here. Every imaginable style and -T
color , to fit any shape , and to fit , too , just
as if it was made expressly for you. Made
like tailors make them , and sell for half
tailor's prices. We've got fine Spring
Suits for $10 , $12 , $15 , up to $25 and $30 ,
and you can't buy them unless we make
them fit perfectly. What more do you
want if they fit and wear as well as any
thing you can buy to order ?
owning , King & Co
T ' ? 3llVil.Jj ! : ' ' ' " I S- WCor r 5t1l ancl Douglas
HS1