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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Aug. 1, 1893)
mrAiTA HAII.V TPV.smv i rum /t llflW IOWA WON THE FIGHT Recounting of tlia Struggle for the Right r to Regulate Railroad Charges , THROUGH LEGISLATURES AND COURTS tTtrunty , Ter ot Conflict llntnrnen tlio I'co- pi * ml the Corporation * Kndoil In a Victory lor tlin 1'cople 1 > - tntli and Dcnliiun * . DES MOISBS , July 31. [ Special to TUB BKB. ] The state of Iowa has boon the pioneer neer In railroad legislation , nnd after a scries of litigations extending over n period of twenty years all the principal points In dis pute have been settled by the courts In favor } f the people. From the bald assumption made in the debate in the legislature of 1873 , rfhlch passed the original "granger law , " that the lair making power "had no morn right to regulate railroad charges than It had to fix the prlco of a bushel of corn , " the railroads have Yielded inch by Inch when driven from their position by adverse Judicial decisions , until today the absolute right of tbo Btato to 11 x charges tor both freight and passenger transportation is re luctantly conceded. By thu net of 187-l-tho legislature fixed A Hchcdulo of Inflexible rates , and any nnd all charges above this rate were declared lo bo "extortion. " The Chicago , Burlington & Qulncy railroad refused to comply with this law , and appealed to the United States cir- clt court for nn order restraining the attor- iioy general from bringing "penalty suits. " The case was taken to thu supreme court of tlio United StntcB for Ilnal hoarlng and de cided against thu company by that tribunal. Thu case Is stated In full " on page ir > , > of the xciv. United States Reports , nnd de cided on the broad principle thai "when private property is devoted to : i public use it Is subject to public regulation. " The rail roads of tUo state , following this decision , yielded a sullen submission to the Hw , and bout all their energies toward securing Its repeal , which they succeeded In accomplish ing In 1878. The railroads , fearing further hostile leg islation , "evidently" went into politics , for thu majority of the three succeeding legisla tures seemed to have been ncrvllocorporatlon tools , nnd that influence dominated the sen ate in IbSO. The great farmers alliance movement of 18S7-H , however , swept the legislature halls almost clear of corporation lackeys , and the legislaluro which assembled at thu state capital on the Otli day of January , 1888 , was iirobabl.v the most aggressive anti-monopoly Jaw making body that was over called to gether in any state In the union. IIotT the t/'oriiriitloii | H'rro Checked. The repeal bill of 1878 did not wipe out every vestlgo of railroad legislation. Throe commissioners to bo unpointed by the governor wnro provided for by that measure , on whom the duty of regulating railroads was conferred. Meanwhile the feeble attempt of these com missioners aided by the insolence of the railroads to prevent the Chicago , Burling ton it Qjlncy from charging more for haul ing coal from tbo same mines in Lucas county to a state institution nt Glcnwood than to a similar institution at Council Bluffs , fifty miles further , had disgusted Governor Uarrabeo with the commissioner system nnd converted that fearless official from a strong friend of the railways to a bitter and determined champion of state regulation , thus making the trinity of law power a unit in opposition to further dis crimination nnd extortion. In his message of 1888 the governor took radical grounds and recommended the pass- nee of n law destroying the pass system "root nnd branch , " fixing passenger rates at 2 cents per mile and empowering the Board of Hallway Commissioners to estab listi a schedule of freight rates and confer ring upon it every power vested in the legls lature for the regulation and control of railroads. Ho also suggested that if the commissioner system should be retained that the commissioners should bo elected by the people. The legislature thus advised proceeded with commendable alacrity and with a skill nnd judgment rarely equaled in the drafting of legislative nets to enact laws in conformity with the recommenda tions of the governor. The railroad com missioners were made elective , ono being chosen annually. ( louse file 373 was also passed , the principal provisions of which nro as follows : Main Features of the Loir. The law requires that all charges shall bo reasonable and just , nnd prohibits unjust nnd unreasonable charges , all special rates , rebates and drawbacks of every description , but recognizes the classification of goods and rates per 100 pounds und carload lots. ' It declares it unlawful to give preference to persono , llrms , corporations , localities , or any description of t radio , oxqipt as to time of shipment of live stock or perishable prop erty. It requires equal facilities for the in terchange of Irafllo between the respective lilies , and for the receiving , forwarding and switching cars. Any common carrier may bo required to switch nnd transfer cars for another for the purpose of being loaded or unloaded upon terms prescribed by the rail road commissioners. The carload by the law is made the unit in lara shipments , and the hundred pounds in less than car lots ; the rate on ono car must bo us low as on any number of cars and on 100 pounds ns low as any number , until ttio carload Is reached. No railroad company shall charge agreater compensation for transportation for a shorter tliin | a longer distance over Us railroad ( which includes any branch that it may operate ) , uny part of the shorter haul being included within the longer. No carrier shall charge for transporting freight from any point more than a fair and just rate as com pared with the price it charges from any other point. Pooling , whether of rates or' carriage , is prohibited. Schedules of rates nro to bo printed and posted. The carriage of freight is required to bo cpn- tlnuous from place of shipment to destina tion and any combination that shall produce interference is unlawful. Any person in jured by a violation of the law may make romplalnt to thu commissioners or may bring suit in the courts of the atato. The railroad commissioners nro empowered to Inquire Into the management of the business of the carrier and ail contracts , agreements or documents of any kind must bo produced when called for. Any person , llrui or cor poration may make complaint to tno rail ' road commissioners of any act or failure to , perform any duty which shall bo investi gated nnd the provision of the interstate roinmerco law is adopted "that no complaint shall at anvtimo bo dismissed because of the absence of direct damage to the com plainant. " How llatoa Are I'Uod. Tim Board of Hallroad Commissioners is requlrea to make a classification nnd sched ule of reasonable maximum rates , which shall bo taken in the courts of the state as prinin facie evidence of reasonable and just rates. Any person , firm , corporation or as sociation may make complaint before ttie board us to rates or discriminations , und it hall bo thu duty of the board to 11 x time nnd plnca for hearing , upon thu hearing the cominisslonora shall rocolvo evidence , state ments or arguments offered by either party , but the burden of proof shall not bo held to l > o on the part of thu complainant. The lowest rates charged by any railroad com pany in thlii or any other state or by any > other railroad with which tno railroad com pany complained of hna tratllo arrange- Inents shall be accepted by the commission ers ns prlmn facie evidence- reasonable rates. After hearing nnd investigation the commissioner * shall fix and determine 10a maximum rate on nil mutter * speciiiod In the If * complaint , and the classifications and sched ules shnll bo accepted as prima facie evi dence of reasonable rates in nil thu courts of the itato. The rate par hundred shall bo the eamo for like claisos of freight for like distance to nil persons shipping in quantities lesi than carload lots , nnd rate per hundred for all persons ship * ping In carload lots shall be the same for the aamo distances for the same class at freight. Penalties from 1500 to f lu.OuO are Imposed for violation of thu law. It is made tbo duty of tbo railroad commissioners to proieouie suits for the collection of penalties and no suit begun by the commissioners shall bo dismissed without the consent of the commissioner * and attorney general. The exceptions to the rule laid down In the law of absolute ciiuatltv in person and locality ( ire the United Stales , Iho stnto and munici pal corpm-atlons , tHe employes nnd tln-lr families of the railroad company , charities , excursion or commutation passcneor tickets , preachers , and the exchange of passenger tickets with officers or employes of other roads , also parties in charge of live stock The railroad commissioner * nnd their secre tary , with exports whoso services they may require , shall In the performance ot their duties bo transported free. For the devel opment of any new Industry special rates may bo made for nn agreed number ol cars , when approved by the commissioners. It .Mrt Illtlnr Opposition. It will bo seen from 5 careful reading that this Is ttio most strlngcst and far-reaching railroad law over placed upon n statute book. It Is no wonder , therefore , that It was olt- terly opposed at every slop by an array of legal talent that only corporations and pri vate persons of unlimited means can com mand , Strenuous efforts were made to so amend iho bill that the rates fixed by the commissioners should bn nbsoluie and final and not subject to review by the courts. Nearly four weeks were consumed in the senate in nn almost successful attempt to insert Iho words "undue" and "unjusl" In the following clause : "And all [ undue and un jusl ] discrimination of every character be tween individuals or localities H hereby prohibited and declared lo bo unlawful , " To inscrl iho words ns mdlcalt-d above Iho friends of iho measure contended would in effect legalize certain kinds of discrimina tion , iho very ihlng the jaw was intended lo prevent. Tbo amendment was voted down by the close vote ot' l to 'J7. and the law was engrafted on the statute books exactly as- framed by the ablest attorneys in the ranks of the friends and supporters of railroad roeulatlon. The battle was ihon Iransferred to the courts. The law wont into effect on May 8 , and was ' .mmcdtatcly lollowed by the with drawal and cancellation of nil special nnd terminal rates on local freight traffic and the substitution of a distance tariff In practical conformity to the law , except that the rates wore oxjessivo. Tbo railroad oommissloiKirs , Smith , Campbell - boll and Day , lost uo time in complying with tlio requirements of the law. They speed ily proceeded to adopt a schedule of freight charges based upon the "cost of service , " making an average reduction df about 20 teX ! X > per cent from prevailing rates , and In some articles running as high us 50 per cent. This was especially true in tlio case of coal and other heavy merchandise. tiot Iho I.uw lu Court. The date of the taking effect of this sched ule was tlxed on Juno 28 , which wns afterwards changed to July 5. On the former datu a restraining order , issued by Justice Brewer of the United States circuit court , prohibiting thu boanl from pulling iho rates in force , was served on the commissioners. This suit was brought at the instance of the Chicago & North western , the Chicago , Milwaukee & SI. Paul and Iho Chicago , Burliuglon & Qulncy. The Chicago. Hock Island & Pacilio and the Burlington , Cedar liapids & Northern also joined in the fray and secured an injunction from Judge Falrall of the siatn district court at Iowa City to tlio same effect. Two principal points wore rolled on by the railroad ntlornoys to sustain their case. First , "The legislature has no power to del egate to any body of men and clothe them with the right to perform legislative func tions. " Second , "Tho rates lixod by the commissioners are unrcmuuurativo. If the railroads are compelled lo do business on Ibis basis Ihoy will not earn enough to pay running expenses , and this would bo a vir tual confiscation of property without due process of law. " In granting the temporary injunction Judge Brewer overruled the llrst polul and swept away the cobwebs of sophib- try so Ingeniously spun by the corporation lawyers by the following torso statement : Tlio courts ought not lo declare a statute unconstitutional unless it is clearly so. There Is no inherent vice In the delegation of such power , the vital question 10 shipper and carrier being lhat tlio rates should bo reasonable. While the power to llx rates is loeislatlve , yet the de marcation between legislative and executive is not always readily discerned ; the legis lature frequently establishes rules and prin ciples , leaving their execution and details to others. In view of constantly changing con ditions , justice is more likely to bo reached by n body that is constantly in session than ono that convenes only at stated periods. " Tbo second point , which was sustained by a largo number of affidavits , the judge , for the time being , sustained , holding , however , that "if the rates should give compensation .to tlio owners of the property , no matter how small , the courts have no power lo in L- terfere. " Not gelling the desired consolation from Justice Brawer , tbo corporations went to Judge Falrall for relief. That official pro mulgated the following : "Tbo courts have the aulhorlly lo review the rates flxed by tlio commissioners. Tlio legislature not only bus tlio power lo llx a schedule of rates , but has also tlio right to delegate that power. But to require a common carrier to trans port prouerty for less than a just and reason able charge Is to require It to carry without reward , or to take privalo property for public use without compensation or by due process of law. " He supported this position by quoting from tlio decision of Chief Justice Waite in the Mississippi case , in which ho said : \Vnlto on Itoculntlon. "From what has been said it is not to bo inferred that this power of limitation or reg ulation is without limitation , or lhat regula tion is without limit. This power to regu late Is not a power lo destroy and limitation is not equivalent to conilscation. Under pre tense of regulating faros nnd freights , the state cannot require a railroad company to carry without revenue ; neither can it do that which in law amounts to taking of pri i- vate property for public use without just compensation , or without clue process of law. " Further on in the opinion of Judge \Vnito , ho says : "What would have this effect wu need not now say , because no tariff has yet boon tlxod by the com mission , and the statute of Mississippi ex pressly provides that in nil trials of cases brought for tv violation of any tariff of charges as fixed by the commission , it may be shown in dofensu that such tariff so fixed is unjust. " Judge Falrall sums up the case ns follows : "Tho questions Involved in this case nro purely legal , and Iho main ono is the power of the state to make and enforce rates of transportation to bo charges by railroad corporations and other common carriers , when from iho pleadings such rales are admitted to bo so low as not to pay Jlxod charges and operating expenses. This ques tion , which has never been nqunrcly determined by the supreme court , either of this state or thu United States , is ono which must bo mot by the courts and passed upon , thu samons other questions uf contro verted rights between thu state and the individual. " Out by llretror. These respective Injunctions Tendered the commissioners powerless , for the time , but early in November the railroad attorneys wore literally laughed out of court. ysn August 30 , forly-four shipper ! ! and Jobbers of Davenport entered complaint of excessive freight charges , substantially ns follows : They averred that the Chicago , Uock Island & Pacific , the Milwaukee & St. Paul , thu Burlington , Cedar Rapids & Northern and tlio Minneapolis & St. Louu railroads had entered into n conspiracy to defeat the op eration of house Jllo 373 , nnd were charging unreasonable and excessive rates , etc. , and had arbitrarily changed the classification of groceries , provisions , hardware and heavy articles so as to largely increase the cost of transportation and destroy the jobbing busi ness. The Bumo complaint in regard to other roads was ulso made by thu jobbers of Dubuquoand Burlington. The commission ers , under the mandatory provisions of sec tion 18 of the act , were compelled to hoar tlio complaint , and after a thorough Investi gation decided in favor of the complainants , again reaffirming their former schedule , with slight modillcations. For this act they were called buforo Judge Brewer again by the railroads , who asked that the now schedule be on joined , pending the final hearing of iho first Injunction , which was set for December - comber 11 ; und also , that th promulgation of the new schedule was practically a viola tlon of the orders of iho court , and prayed that the commissioners bo cited to appear for contempt. In rendering his decision , which was quite lengthy , Judge Brewer said : "There are substantially three questions presented. First , has there been an inva sion of the injunction Issued and therefore a practical contempt of that order ; second - ' did the sootlons of the statute under which the commissioners acted give thorn authority to render such a decision and establish a schedule of rate * tor the complainants ; thlrJ , Is the schedule Just and rensoniblel With reference to the llrst question there Is little room for doubt. In the Injunction which was IssuoJ there was no assumption of trawer to proscribe rates and no pretense of Interfering with the commissioners In the discharge of any duty Impose 1 on them by statute. ' ' In locldlng the second point iho Judge acknowledged lhal In considering Ibe preliminary injunction ho had been led Into nn error In concluding that only under sec tion 17 ot the statute could the commission ers nuke a full schedule. Ho now reversed that ruling nnd held that under section 13 the commissioners could make nnd establish n now schedule on the complaint of any party aggrieved , so that as fast ns they were enjoined a now schedule could bo promulgated , thus piling up Iho costs nnd Iho penalties mountain high , reaching even beyond the plethoric nockctbook uf a railroad corporation to sat isfy , and opening the ro.id to endless litiga tion. Judge Brewer closed his opinion as fol lows : "Influenced by these considerations I nm led to refuse the preliminary injunction und to so ; nsldo the restraining order al ready Issued. U may DO that by thu time this case comes to a Ilnal hearing the test of ex perience will have salved some of these mat ters ; and if may bo clear , as now seems probable , that the rates hnposa.t by this last schedule nro compensatory within tbo rule laid down in the prior opinion , in which cane no Injunction oiuht to issuo. It may nlso bo apn.irent by that time that tbo rates nro not compensatory. In which case , beyond uny doubt In my mind , u Una ! and perma nent injunction ought to bo granted , " Kmuliiiril Uoliinel Urockol'n Conn. This decision , whleit w .is rendered on the second day tif February , liBD , was followed two days later by a graceful capitulation by President Perkins of tbo Chicago , Hurling- ton & Qulncy , who accepted tbo commis sioners' schedules under protest. lie thought as the rates only ntTectcd about 4 per cent of thu company's business it would surrivo and still pay at least a small dividend , The other roads soon followed the good example - ample set by the -'Q , " mid the triumph of thu commissioners in the long-drawn-nut legal tussle was complete ana overwhelming. Tin ) railroads now gut down on their knees In n ilguivulvu sense and cried "Enough. " They begged the governor and the railroad conimlKsioncr.i to waive all claims for dam- .ages growing out of the temporary injunc tions and they would dismiss the pending cases ana pay all the costs. This arrange ment was finally made and agreed tp be tween the state and the principal lines of railway. It thus happened that while the appeal from Judge Falrall was argued befofco the state supreme court no decision was over rendered by that tribunal , the railroads having withdrawn their case from consider ation. It will bo seen that every legal paint raised was substantially decided against the railroads except one , and that is thut the law-making power has no right to establish such a law schedule that the railroads would not bo ublo. to earn enough to pay actual running expenses and have something of a dividend , no matter how small , for the stockholders. This ques tion has never .vet been passed upon by the highest judicial tribunals. The railroads next turned their attention to the defeat of the commlssionors , Smith and Campbell , to whoso power they were compelled to bow. This they have finally accomplished. Cut Tham On Entirely. The legislature which assembled In 1890 wont ono step ahead of its predecessor. Much of the local tnifilc in this state passes over two or more lines. Taking advantage of this fact the railroads used the two local tariffs In computing the charges. The gen eral assembly , on recommendation of the commissioners promptly passed a Joint rate bill "requiring the railroads to accept a pro rata share of the charges and making the rate the same as though the shipment was over 0110 continuous line. To this act the railroads raised the most violent objections , claiming among oihor things that they were compelled to enter into contracts without their consent , de nied protection to their property , and de prived of the same without duo process of law and a violation of the xiv amendment to the national constitution by "abridging the privileges and immunities of citizens. " Juago Fain-ill's court was again invoked to stay the hand of the commissioners , but the temporary injunction which he Issued was speedily sot aside by the supreme court by n vote of 3 to 2 and the legality of this ex treme act of railroad legislation was for the time being afllrincd. After a night with the boys Your for a clear head. Uromo Soltzor. CORONER'S BEPOBTS. ICecord of Futalltli-K lu Omnlia for the Month of July. An inspection of the coroner's reports for the past thirty-one days shows a large in crease in violent and unnatural deaths over all the preceding months of this year. Thcso reports show that eighteen residents of Omaha mot death by accident , suicide or murder , as follows : Lulu Arnson. suicide by poison ; cause , do mestic trouble. Mary Greith , suicide by poison ; cause a domestic quarrol. Edward McIConna , murdered by Barney McGynn. William Stephens , drowned while bathing at Florence. Jacob Goose , accidentally hilled by the car3 at the Seventeenth street crossing. W. lj. Oakley , killed by a Union 1'aciflo passenger train ; thought to bo a case of suicide. Joseph Uoscnstock , accidentally shot him self. George Grabble , death by sunstroke. Julius Schaus , killed by ajmotor train acci dentally. Thomas Morris , suicide by poisoning ; cause , despondency. Bcsslo McNott , suicide by poison ; despond ency. Huttlo Aldrlch , suicide by shooting ; disap pointment in lovo. W. I * Ilubbard , overdose of morphine , taken to relieve pain. C. D. Casa , suicide by poison ; despond ency. Adam Benadum , accidentally strangled. Andy Uyan , murdered by George Dodrill. C. H. Stellmnchcr , sulcido by poison ; de spondency. Charles Eckman , accidentally oloctro- cutod. Fireworks tonight , Courtlaml boach. FIRE AND POLICE BOARD. llrlef Suasion at Which Koiuliio llualnen ( Vim Quickly Trmunuii'il. ' The Board of Flro and Police commls - aioners hold a brief muotlng last night and transacted considerable routine business. Patrolman Edgohill who seemed to have a grievance against Sergeant Ormsby con cluded to withdraw the complaint us bis witnesses were not present. The Nebraska Association of Trotting and Pacing tlorso Breeders requested the board to furnish a detail of spocl.tl polloo to pro tect the public and keep peace at its an nual meeting from Augusts to 11. The lira committee reported that it had purchased two good horses for tlio now 11 ro engine and would purchase four more. The committee on laws and ordinances recommended that ordinance No. " 511 bo repealed and a now one enacted in its place. Tlioy have such au ordinance now under consideration. Tills arr ordinance provides for the appointment , discipline , removal , bonds und powers of men appointed for police duty on special occasions , The case of Oflloor Burrows was continued for two weeks. S. H. U'inslow of engine company No. 3 made application for appoint ment us engineer of iho now La franco engine. Fireman Galllgnn , Oftlcers Cox and Meals and Detectives Vlzzard und Savugo were granted ton days leave of absence each. roy Thomai Downs was recommended by Chief Ualligan for the captaincy of hose company No. 1 , vice J , Murphy , wbo has loft thu city. Tbo commission adjourned until August 14 and then went into executive sossiou. 14U agreed to then settle the Ormsby case and idr r- New York Kjcchungo Quotations. NEW YOUK , July 31. [ Special Telegram to THE HUE. ] Exchange- was quoted as TS today : Chicago , $7 discount ; Boston , 75o premium ; St. Louis.3.50 lo ft discount. Fireworks tonight , Courtlnnd boaob. FIND OF ANOLD FARMER i n Oorpso of an Unknown Man Discovered in Rait Ordftk. f - NOTHING TO IDENTIFY THE REMAINS i1 11- Und Kvlilently Hern In tlioVntvr n Tune Kvlilpnco of Dnil Work l 'lu ' ut tlio Stnte , l > n- ttentlnry. . I LINCOLN , July 31. ( Special to Titc BEB. ] The dead boily of a mail apparently about 45 years of ago was found on the banks of Salt crook a short distance above the Twontj- seventh street bridge tills forenoon by nn old farmer named Sutton , who was at work in the vicinity. The bady was entirely denuded of clothing and there was abso lutely nothing by which it uould bo Identi fied. It had evidently boon washed ashore and left on the bank by the receding water. It had been In the water so long that it was badly decomposed and the features were unrecognizable. . The authorities were notified and in the absence of thu coroner the remains were taken in charge by Chief of Pojlco Cooper and Sheriff McClay. The remains were first taken to the undertakers , but It was found tlr.it it would bo Impossible to keep them for n coroner's examination ovrlug to their advanced stage of decomposition and so they were buried at once. In the absunco of any record of missing men answering to the description of the lloater the police are of the opinion that the man was sonic tramp who bad wont Into the water for a , bath and had drowned when beyond the reach of assistance. KomiVnnts lilt Picture. The people of Omaha nro tolerably famil iar with the career of Bi ICocn , the corre spondent of tbo notorious Kansas City Sun , who figured quite extensively in several criminal libel suits in the metropolis. Keen was sentenced to the state penitentiary for his freedom with the trenchant pen , but bolero - lore he had served his full time ho secured tin order from the supreme court which changed his punishment from imprisonment In the penitentiary to a shorter term of in carceration in the Douglas county Jail. In duo course of time ho was liberated. Ho now appears with a demand upon Warden Upemer for the photograph which was taken at the penitentiary when hollrst became subject to prison rules. The warden de clines to surrender the photograph , claiming that it is a part of the prison records and that he has no authority to surrender it. Keen will try the utticacy of a law suit , and in the meantime his photograph ndorns the hugo album iu the warden's office. Another Hulgo In Uni-gun's Wall. Warden Mallon has discovered the some what startling fact that the north wall on the now cell house at the state penitentiary , which lias already achieved so much fame in the state , is again showing marked symptoms of playing a scurvy trick upos the retained architects who were so loud in their asser tions thut it was a marvel of architectural skill and workmanship. The readers of THE Bui : , who followed the evidence in the recent impeachment cases elopelj\ will remember that the north wall of , the .new cell house was constructed upon the foundation of the old stockade around th $ prison yard. This stockade was cut down to a level of the windo.v sills and built-up of new stone , "plugged and scabbledr to flUe. " The now portionof the walMs ns.symmetrical as when it left the hands of thu.builder , but Warden Mallon states that thojbld part of the wall bas gradually been glvlujj way under the pressure of the heavy 'weight , of the now part above it. Commencing at the north west corner of the now cell house the old wall has bulged inwardly for at least four inches. The bulging nortiou of the wall ex tends from the uortluvcib corner to a point about ten feet east. Gosftlu nt the .Stnte' IIouso. It developed today that'tbo State Board of Public Lands and Buildings on July 34 ap pointed D. H. Hopkins superintendent of the work of putting down the new cement floor of the old cell house at the state peniten tiary at a salary of 5 pqr day. This is ono of the Horns' not given out to the press on the day ttio board held its meeting. Another meeting of the board was held behind closed doors this afternoon , thcro being present Attorney General Hastings , Commissioner Humphrey , Deputy Secretary of State Caldwell and Dan Hopkins. Private Secretary Andrews will leave-to morrow for Superior , where ho will attend the reunion. Afterwards ho will start for Salt Lake City and other western points for u brief summer vacation. Governor Crounse , who has been absent in Wisconsin for the past ton da.vs will re turn to his executive duties tomorrow at noon. The case of John D. Richardson against W. Ii. Alexander was Hied with the clerk of the supreme court this afternoon. It is a Dawes county case. . ) . H. Smith against Welcome Smith is the title of a Hall county case which found its way to the supreme court rooms this after noon. Ex-Attorney General Dilworth of Hastings was at the state house this forenoon. Hopresentativo Van Duyn of Saline county transacted business at the state house this af ternoon. C. H. Doitrich , president of the German National bank of Hastings , stopped at the state house this afternoon. He is just re turning homo from nn extended trip to ICnropo und says that in all ills travels over Euroj'o and the United States ho lias found no counlr.v ns largo as Nebraska that was in so gooa n condition financially , Governor Crouuse has been applied to for a requisition from the governor of Kansas for tbo arrest of a man who is wanted in that state for the crime of selling mortgaged property. In Kansas the offense constitutes n simple misdemeanor. In Nebraska it is a felony. The question as to whether the laws of Nebraska or Kansas shall govern in this instance has been referred to the attor ney general. Auditor Moore Is dally in receipt of letters from county clerks asking * why they have not received the annual levy of the state taxes. Mr. Moore desires to state publicly that the responsibility for the delay rests almost entirely upon the county clerk of Custer county , who , for reasons known only to himself , held back his assessment rolls until last Saturday. The board or equaliza tion will meet tomorrow upon the return of Governor Crounso and decide upon the levy. The July vouchers of Nebraska's expenses at the World's fair weio received at the auditor's olllco tills forenoon , but have not yet boon examined by the auditor , Lincoln lii llrior. The Chemical Nationalbauk of New York came into the district 'court this forenoon vith four notes , each for , $5,000 , signed by the Western Manufacturing company , The notes were made psyablo' the Capital Na tional bank and aero endorsed by Masher. W , S. Pendell has sucll' the Burlington company for f-JO.OOO for damages , which bo claims to have roceivediwhilo performing his duty as a switchman lu tjis ) city last Jan uary , it. ii t Carl Cramer , a local ilorjs , was arrested this morning on a chargp tfstealing ] , a pair of sensors. The case ) va's0compromised be fore it came into court. , , , ' Kendall .tToffts floudni mill narrowly es caped destruction by lire ajtfnoon today , A pissing engine on thb Burlington threw cinders on u pile of ruboU ! ) ? causing a lively blaze almost against the' , rrdme walls of the nlnirnt/M- ' ! I' / - < ' The colored people of Lincoln are making ' ' ' ' arrangements to culubrate'otnauclpatlon day tomorrow with an elaborate program. Tbo exorcises will bo held at the African Method- 1st Episcopal church on E street. VttlUyVooilinen Orj.-niilza. VALLET , Nob. , July 31. [ Siuscial Telegram lo TIIK BEE. ] State Deputy Head Consul Wood organized a lodge in this city Satur day night , known as the Akcrluna camp Modern Woodmen of America , with sixteen members. About twontv-llvo Woodmen from Elkhorn and Waterloo were present and assisted in tbo organization , Weildiul ut Weiton. WAUOO , July ai. [ Special to TUB Bes. ] Prof. W. S. Mobler and Miss Bertha Olds were married at Western last night in tbo Methodist Episcopal church , Her. D. hoB. Phillips performing iho ceremony , which wns witnessed by l uo peopto. The groom Is prominent in educational clrrlrs and hits been principal of the Wcston schools for two jonr * . The beautiful and cultured bride Is also n teacher Tho. ? will leave lb.lt week for the World's fair. DOIIOi : COUNTY APFAIIM. Contrnrt for Another Snw School Itiillitlnc . \\TnrilMl-Olhrr Ncwn Note * . Fnr.MONT , July 81. [ Special to THE linn. ] A special meeting of tbo Board of ICduca- tlon was held today to lot the contract for another now school building In the north- cast part of the district. A. H. Do txmg being the lowest bidder at fS'.it ' , the contract was lot accordingly , to be completed by Sep tember 'ii. Misses Hood , Hornlck andStrich- land wore elected to complete the comple ment of teachers for the next term. lion. Ocorgo Uorsoy has returned from the northeast much refreshed from his vacation. Mrs. Horsey is spending the summer in northern Michigan. A slick scoundrel , representing that ho was agent of n popular Chicago tailoring oatablishmcnt , has victimized quite a num ber of prominent citizens. He asked and re ceived a small payment down with the order and escaped with about S100. . The race track nt the county fair grounds is being put in excellent condition. Corn stalks measuring from twelve to six teen feet in height nro decorating every pub lic corner In the city. The local bank clearings for the past week were ? ryGOO. The members of company E , Nebraska National guard , who have not already left iho organization will meet on Monday ovenpi ing to close up the affairs of the company nnd disband. * The renowned lady preacher , Mrs. Towns- Icy , preat-hed to a very largo audience at the Baptist church .yesterday. While Nels Holmes was painting on the west school building yesterday bo fell thirty feet from a swinging scaffold , but without serious Injury. John A. Stiirlliier of Stanton nnd Miss Florotico A. Loach of Omaha were married by Hov. James Huff this morning at the parsonage. A vacant residence near the packing house was burned last night. The origin was doubtless incendiary. Twenty-four normal students were exam ined Saturday for credentials by County Superintendent Stephens. Mary Bowman , who lias for some time been nn inmnto of the county poor house , wns yesterday pronounced insane ntid will bo taken to Norfolk. The sllveritcs are about to petition Dr. L. 0. Abbott to answer J. E. Prick. Uodgo county people who contemplate "taking In" the Cherokee Strip opening are effecting an organization. There are quite a number low with "tho fever. " Tv'ii.eo.niu : TIIK . ISlnlr mid Onklnnd 1'ouplo Food n Number or UnliirUumto I'oopln. Bi.Aiit , July 31. [ Soecial to THE BEE. ] The . Young Men's Christian association gave breakfast at the hotel to thirty Colorado men who went through hero on their way to the harvest Holds of the north looking for work. The Young Men's Christian associa tion tendered its rooms to them for lodg-1 ing over night. They loft this morning for South Dakota. TCKAMAII , July 31. [ Special to Tun BEE. ] When the regular accommodation came in yesterday morning from Omaha lifty or more of the minors from Colorado were on board. When the train reached hero orders from railroad headquarters wera waiting to have Sheriff McGrow put Ihciu- off. This gentleman soon found that It would bo no easy matter , ns the citi zens almost to n man were in favor of the men. Word was dispatched to the superin tendent to that effect and the orucr came to run the train back to Blair , which was done , after trailing hero over two hours. The men were orderly , but determined to stay with the train till it wont out. They came by way of Missouri Valley over the Klkhoru to Blair and there transferred to the Omaha to this place , bound to the harvest llelds of the north. OAKLAND , July 31. [ Special Telegram to THE HUB. ] Tno freight tram due hero at 11:20 : a. m. passed through Oakland at 8 p. in. carrying about seventy-live Colorado miners , who took possession of the train at Blair. On their arrival. at Oakland they were met by Mayor Charles Swanson and citizens , who furnished them with a good substantial supper , of which they all par took heartily. The men wove bound for South Dakota , in hopes of obtaining wont in the harvest llelds. They were a lot of good appearing men , being all well dressed. ICastilt of u Neighborhood Quarrel. GUANP ISLAND , July 31. [ Special to THE BEE.J Some days ago ono William "Wcston , who resides on the Piatto island , four miles south of the city , came in to see County At torney Hyan and complained that while on his way homo the night previous he was tackled by a mob , ono of whom was Georco McKclby. It is alleged that the latter shot at Westou and put a bole through his hut , the bullet just grazing his head. McKclby was before County Judge Clifford on Satur day on the charge of assault with intent to kill. The case was continued to next Mon day. McKolby gave bonds for his appear ance. The affair took place in the same vicinity where the Cuylor Shultz murder occurred two years ago. An old neighbor hood quarrel seems to bo the cause of it. J. W. West , who was surrendered by his bondsmen on Saturday last , is still in the county jail , where ho will remain at least until two brothers of tlioex-treasurorarrivo. Mr. West expects that ho will then bo nblo to secure bis release. A. O. V. W. Union I'lcnlo. FAU.S CITV. July 31. [ Special to THE BIK. : ] On Friday , August 25 , the various lodges of the Ancient Order United vVork- mon in this county will hold a bi union pic nic ut Ulnton's park in this city. It prom ises to bo the largest affair of tins nature ever held in this portion of the state. He- iluced rates have boon made on both tbo B. & M. and Missouri Pacilio railroads nnd from 5,000 to 0,000 , people nro expected. The principal features of the program are a mon ster parade ut 10 a. m. and addresses by J. G. Tate , grand master workmen of the state , and other prominent speakers. A cordial invitation is extended to all frater nities and no pains will bo spared to give every ono a royal time. Tlio now Ciobllnt ; opera house will also reopen on that oven- lug. Noliraiku .Mill Cloicd. GIIAND ISLAND. July : il. ( Special to THE BIE. : ] James Kolso , broom manufacturer , who employes from ten to Jlftccn men , lias shut down as n result of an action taken by dealers in the mountain stutcj , They have decided not to patronize him unless he docs all ho can for free silver and promises to support the clause. Mr , Kolso , politically , is not inclined to bo strictly against tlio ef forts of silver men but has , nevertheless , shut down nnd has gone on a trip to George town and the Hockius for two weeks , when ho ugaiu expects to resume ills business , OaKluml I'apnr . > < ) ! ( I. OAKLAND , July 81 , [ Speoia ITolograin to THE BEE. ] The Oakland Independent , owned and edited by C , T. Griflln , was sold to "Billy" Browster of Browstor , fllulno county , Nob. Mr. Browstor states that the policy of the pit pur will be non-political. C. T. Grinin Is one of the moH influential and leading independents of Burt county , Central City iuinp : Moetlni ; . CKXTUAL Crrr , Nob. , July 31 , [ Special to TUB BEE.J The Grand Island district camp meeting is now in session hero und will bo until August 7. The camp la situated in the city park. The attendance Is largo und dally increasing , There will bo thirty-eight inino Istcrs in attendance. A very complete pr- gram has been prepared , Iniprovnil Crop I'ruipootl. NHLSON , July 81. [ Special to TUB BEB. ] -Hecent rains have materially improved SKINS ON FIRE \Vltli agonizing tctfmni und other Itcliluf , tuniing , Uei-dluy , culy , blotchy , BUI ] tilinjily tklii und c < Jp dltfHoo re IniUiitly rtllrvrd and cured by the wsltbruted Ki ItKMEtiir.s , the Attaint nkln cure * , lilood iiurltlon , anil hu mor rcmedlr * of modern lliot * . Boli. throughout the world , the prospect for the corn crop In NucVolU count ! ' . Prospects are now good for n fair crop. Wheat it yielding from flro to twenty bushel * per aero. TEKAMAH , July 81 , [ Special to Tun nr. ) The recent ruin hat insured for Hurt county ! nn Immense crop of corn. Small grain vrlll bo about nn avcrneo. I'lnck of n I'lnllMiiouth Wnmnn. Pi.ATTRMOUTrr. , July 31. [ Spoclnl Tolesram wwa TUB HUB. J A Plnttsmouth woman's pluck wa the indirect cause this morning of a * daring tlilof being txought to grief. The homo of Mrs. Thcdo Katon was entered by ? . . bum this morning nnd n tt' < 0 gohl watch confiscated. The woman bean ! tbo nolso | ] ami rushed into the room , whereupon the thief ( lodged bobltul n blif curtain. Tbo woman discovered her loss nt onco. ami pulled aside the curtain nnd grabbed the thief's nrm 'and demanded bcr watch. The fellow resisted , out finally gave It up nnd then broke for the door anil rnn away. The police were notified nnd a pursuit wns goon Instituted , and after a long cbnso , during which tbo tblef pulled n revolver on n citizen nnd threatened lo use ill if Interfered with In bis illpht. Thn fellow wa overhauled ntul Jailed. Ho will bo given a preliminary i examination tomorrow. tlratclco Driii : More Ulo r < l , BnATiucK , July 31. [ Special Telegram to Tun BBC. ] The store of H. Vf. Clancy , druggist , was closed this morning under chattel ! mortgages given M It. tV > Rp , receiver of the XobrnsUa National Hank , for S5.1HX ) , and "VV. B. Clancy , administrator , S3.1IW. Tlio total Indebtedness will aggregate $12,000. Competent Judges arc of the opinion that bis stock will Invoice about $3,000 , but at forced sale will not not over one-half , that amount. Tbo unsecured no- counts , of wholesale bouses nud others amount to nearly $3,500 , i Imltipt'iimmin Co I obr.it P. NKLSOK 1 , Nob. , July 31. [ Special to THIS , The inde | > ondonts.of Nuckolls county celebrated tbo third anniversary of the birth or the party on Saturday. Tlio exercises were bold at the court bouse , wbero n small crowd was addressed by S. S. King , nu In dependent speaker from Atchlson , Kan , York futility Ttmchrn Stout. YOUK , Neb. , July 81. [ Special to THE BUR. ] The York county teachers Institute opened todny for a two weeks session. The instructors are I'rofs. Corbott , Porco , Chris tie and Mrs. Floi-onco BoyU. l"di ; r' Oornot llnnil. EDOAK , Nob. , July 81. [ Special to THE BitE.1 The Edgar comet band made nn excellent display ut Carlton last Thursday. Fireworks tonight , Courtlaiid boncli. THE NEXT MORNING I FEEL DRIGHT AND NEW AND MY COMPLEXION IS BETTER. My rtoi'tor says It nets cemly on tlic stomach , llrernnd kMnevi.nitl ! ! Inn pleasant laxntlvp. Tlita drink Li made from herhr nnd Is prepared for Ust easily 03 ten. All lirucrHt.i sell It al tfc. nnd II a packngc. 1 f you cannot get It. send your aildrcM for n free sample. Lnno'ii Family .llrillrlnf marr ihn ItotrcH ench < lnr1" oflcr u > Li > hmlihy tills in nrcewnry , AdOrese OK.VT01'I' V" ' ' " * ' iov jf.T \V euro Catarrh , All Dlnonso of the No o , Throat , Clio it , Stomuo'.i. rlowoli and Liver. Rbouuiatlnni , Dyspepsia , Blood. Skin nnd ( Cltlua ? Il oaio. , Poinnlo Woiiirnodsoj , Lattt Mniiliooil CURED , nit ' nil forms of WEAK MEN nynnocEt.K AND VAHIOOCKMJ permanently uiut biiucuHuf ' ully cnrtHl. Mt'tlioil now iiiul unfailing. Tlllj'.VT. IKNT II V M.lll. , u | > nrliif ! y. PILKS , FISTULA. FJSSIMIK , pormaiioutW citM.1 , without tlio UHO of knlfo , lljMtiirn or caustic. AlliiiiilailluHof n prlvato ur dclluato tutiiro , of either sux , UOH ! lively curoil Call on or udilnm * . with stamp , for Circular.- ) , Fruo Hook , KwlpcH anil Symptom lllankn , F QflSPlA ! HKviiitli IJSth St f , DHdnti ) ) , O.UAII \ , .NUM. Dislodge Bile , Stir up the Liver. Cure Sick-Headache , I Female Ailments , Remove Disease and Promote Good Health , Covered with a Tasteleu & Soluble Coating , ; Famous the world over. i Auk for Hecchara's anil take no otlirr . ' Of all drucglsls. I'ricc 25 cents a box. ! New Vor.t Depot. 16 ? Canal St. Furnishes Ihu Dost and Cheapest Method 01 FlllE.PnOCFINQ HOUSES. Write for catalogue of I.uthliifr 1'cnclnr ; , UauZo ruturan , otc. N. W. KXI'.VNDKU BXETAI. CO. , Na Twenty EUtliS. . CHICAGO. srx ronrra , out of innny , where Doctor 1'lcrcc' * PclleU nro bcttrr than "other pills : 1. They're the smallest , nnd easiest to tnko little , lugftr- coated granule * that CTery child takes readily. 2. They're perfectly easy in their action no griping , no disturbance. 3. Their cflccts latt. There' * no reaction afterwards. They rcRiilato or cleanse the lystcm , according to ilza of dose. 4. They're the cheapest , for they're 7t irinf a to give satisfaction , or your money Is returned. You pny only for the good you get , 6. Put up In glass nro always fresh. C. They cure Constipation , Indiges tion , Bilious Attacks , Sick or Bilious Hcndnches , and nil drrntigomcnU of Uia lireBtomnch and bowels. ALL THE .COMFORTS ) OF HOME ; 4\ > \ includes the great temperance drink iHires'KJ lit gives New Life to the Olil Polks , Pleasure to the Parents , Health to the Children. , Good far All dooil All IhoTlrar. k A15 cent p cVa e r illoiu. llemrc nd gel m OUSTER'S LAST X BATTLE FIELD. A vlstr to this spot , which is now n imUonnl ooinotory , is oxtromorly Intor- cstlnp ; . lloro scvontoou yonraugo Gon- ornl Custor nnd llvo companies of the Seventh United SUitoa cavalry utinbor- incovor 200 olllcora iitul men , were cut to pieces , by the Sioux Indians nnd allied tribes under Sitting Hull. The battlefield , the vtiltoy of the Little Big Horn , loc.itod seine forty odd mlloa south o ( Ouster , Mont. , n st.Ulon on thn Northern Pacillc railroad , eun ho easily reached by st'.ijjo. If you will write Charles S. Foe , St. Paul , Minn. , inclos ing 4 cents in postage , ho will send you n handsomely' illustrated 100 pnjro boolr , free of charge , in which you will find graphic account of the sad catastrophe which overtook the bruvo Custor nnd hla followers in the valley of the Little Big Horn In Juno , ' 7(5. ( TO AND New York Hospital For nil ( talc , N3mu , Private ani Special DlsjasH. ofbith. MEN AND WOMEN Ftnoturo nti'l ' nil othsr troubles troitoa nt roattonablo cbnrgos. CONSULTATION H Unllonor uddron DOUGLAS BLOCK , - Oil AHA , NED Oppositell > ydon Ilroi. The Cclc- bra ted Non * changeable Spectacles nnd IJ y o Glasses for sal. In Om. iilm by MAX AIKYEK & 1WO. CO. , ONLY. The ( ftercer. Omaha's Newestrlot l. Cor , Ititli unil IIoiTurJ UtruoW. 40 rooms ti.r.0 per ilay. < o rooms .1.00 pur iliiy. 'M rooms with liatli ut II per iliy. ' i W ) rooms with Imth at JI.M pur Jar. Aluilurn In JCrrry Kctpuot. .Newly I'liriiUliiid Tlirouvliuut C. S. ER3 , Prop. _ _ To Well Contractor * . lll.AHi. Null. , July 21 , 1893.-1IIU ( " 111 bo to- colvuil ut the rilllco of the ulty ulurk until Auuust 0 , IU'J.1 , at 7 o'clock p. m. , of biilcl iluy , to IJoru twu ulx-lnch vrulli uml furnUli two nlx- foot t'ook Ktralnuroliit | , Hiiltablo to lit plpo for the city of Illulr , Null , lltipth uf wulU from 100 foot to 100 fool ; baiuo to bo coniplutuil by AuKmti.1. ! . IB'JJ. I'luns and Hpcclllcatlons on fllo at the nlllco of K. J. I'urrvatur cominlsslonur , lllnlr. Nub. KlxliU ruhurvoU to rujoiit uny and all lilclx. B. Ii. OAKHIOAN. Oily Ulurk or Illulr , NuU
