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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
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
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
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
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
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-
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
\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
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
"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
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
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
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.
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
Mary Greith , suicide by poison ; cause a
Edward McIConna , murdered by Barney
William Stephens , drowned while bathing
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
Joseph Uoscnstock , accidentally shot him
George Grabble , death by sunstroke.
Julius Schaus , killed by ajmotor train acci
Thomas Morris , suicide by poisoning ;
cause , despondency.
Bcsslo McNott , suicide by poison ; despond
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
Adam Benadum , accidentally strangled.
Andy Uyan , murdered by George Dodrill.
C. H. Stellmnchcr , sulcido by poison ; de
Charles Eckman , accidentally oloctro-
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
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
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
Oorpso of an Unknown Man Discovered
in Rait Ordftk.
NOTHING TO IDENTIFY THE REMAINS
Und Kvlilently Hern In tlioVntvr n
Tune Kvlilpnco of Dnil Work
l 'lu '
ut tlio Stnte , l > n-
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
. 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
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
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
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
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.
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
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
John A. Stiirlliier of Stanton nnd Miss
Florotico A. Loach of Omaha were married
by Hov. James Huff this morning at the
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
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
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
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-
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 ,
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
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
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 ,
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
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.
) OF HOME ;
4\ > \
includes the great temperance drink
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
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. (
New York Hospital
( talc , N3mu ,
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.
bra ted Non *
nnd IJ y o
sal. In Om.
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
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