tor ti
THE OMAHA DAILY ME : TUESDAY , StAUCH 8 , 1808.
established principles and rule * of equity
ficrmlt Hucli a null In it hit court , nnil he
cannot IKJ deprived cf thai right by rca on
of his be-lng al'oacd to SUP at law In u stutu
court on the s me cause of action. The
transactions along the line of nny one of
itheso railroad * , out ofwhich cnuncs of no
tion mlRht nrUo under Him statute , nro BO
iiUtncrutis nnd varied that thft Interference
of faulty could well bo Justlflod upon the
clou ml that a Kcnfrnl dicrw , according to
tha jirayer of the bill * , would avoid n mul
tiplicity of suits and frlvo a remedy more
certain and efficacious than could he Riven
in any proceeding' Instituted a nlnst the
company In a court of Inw ; for u court et
! * * could only deal with each s perate
Iransact'on Involving the rates to he charged
for transportation.
The contention that the atate was the real
party In Interest and that therefore the fed
eral courts could not take cognizance of It
ndcr tlio eleventh amendment to the con
stitution was overruled , the court saying
that the federal courts hfld Jurisdiction he-
cause both of the diverse citizenship or
aUonage of the parties , and also on account
of the fact that the act U attacked as con
trary to the provisions of the federal con-
BtlttUlom
It was also contended that the act could
not ho made applicable to the Union Pacific
railroad because It hoi a federal charter ,
mid the act creating the corporation had
reserved to congress the right to
tflx the rates on this line In
certain contingencies , but the court took
the possltlon that as congress has not mailed
Itself of this | irl\llcic the states through
which the Union Pacific passes have the
right to fix rates. Justice Uarlan said on
this point :
Until congrcs , In the exercise either of
the power ppeclllcally reserved by the
vlKhtecMith nectlon of the not cf isi.2 , or
Its | owcr under the gcntra ! reservation made
of authority to add to , alter , amend or le-
l > enl that act , prcf-crlbes rates to bo
charged by the rnllroid company , It remains
with the states through which the road
jnsses to fix rites for transportation begin
ning and ending with their respective limits.
CONSTITUTIONAL QUESTIONS.
Justice Hatlnu then took up thn constitu
tional questions Involved. He said :
IIy the fourteenth amendment It la pro-
Aided th.it no state Hhall deprive any per
son of property without due procM ? of la A
nor deny to any person within Its Jurisdic
tion , the equal protection of the laws
That corpontlons arc ip-er ons within the
meaning of this amendment Is now settled.
"What amounts to deprivation of property
without duo proocss of law or a denial of
the equal protection of the la'vs , l < often
( llfilcult to determine , c'pcctill } where the
question relates to the property of a qua" !
public corporation and the ovtuwt tohch !
it may be subjected to public control. Hut
this court , Hpeiklntr by Uhlef Justice Wilte ,
lias said that while a state has power to
llx the chnrgcs bv rallioid compinleH for
the transportation of pennim and property
within Its OAII Jurlcdlotlon , unless rc-
Mr.ilned byalld contiact , or unless what Is
done amounts to a iemulation of foreign or
lntcrstiito comimrce , surhipower 13 not with
out limit : and that "under pretense of icgu-
latliiK fares nnd freights the tate cinnot
rcqulrw ii rallioid corporation to i-.irry pei-
FOIIS or proparty without low aid , neither
can It do that which In li > v amounts to the
taking of private property for public use
without Jii"t compensation or without due
process of law. "
Justice Harlan said tint the following
principles must be regarded as nettled :
1. A railroad corporation Is n. person
within the meaning of the fouiti ( .nth amend
ment ; declaring that no Htate alnll deprive
nny person of property without due process
of liw , nor deny to any person within Its
Jurisdiction the equal protection of the laws ;
a state enactment or icgulatlon made under
the authority of a stnto enactment , estab-
lljllti' , ' such rates for the tinnsportitlon of
prisons or propelty by iillroul as will not
tidmlt of the c irrlcr earning such compensa
tion an under qll the circumstances la just
to It and to the public , would deprive such
carrier of Its property without due process
of law and deny t3 It the equal protection
of the lawu and would , theiofoie , be le-
pugnint to the fourteenth amendment of
the constitution of the United States.
J. If the rates for transportation of per
sons and property within the limits of a
ntate me primarily for Its determination ,
the question whether they are so unreason
ably low as. to deprive the carrier of Its
l > lop ° ity without hueh compensation as the
'constitution secures and , therefore , without
duo process of law , cannot 1)D ) BO con
clusively determined b > the legislature of
thc sthte or "by * regulations adapted undei
Its authority that the matter may not be
come the subject of judicial Inquiry.
This last proposition Justice Harlan said
covered the case In point. Ho then pro
ceeded to make an exhaustive examination
Into the cffept of the enforcement of the
rates prescribed upon the business of the
dKfcient Nebraska lines , showing the reduc
tion to amount to 29 5tTper cent for the years
1831 , 1892 and 1S33. The result was to enow
that each of the reads Involved would for
thh period have conducted their business at
a loss with only one or two exceptions nnd
thopo for only a short while.
'Discussing ' the question as to what are
the considerations to which weight must be
given when we seek to ascertain the com-
ipoimtlon which a railroad company Is en
titled to recolvo and a prohibition upon thr
jecelvlng of which may be fairly doom ° d
a deprivation by legislative decree of prop
erty without duo process of law , Justice
( Harlan said :
Undoubtedly that question eould l > o more
easily determined by a commission com
posed of persons whoso special skill , ob-
ssivatlon and experience qua Iflcs them to
BO handle grcnt problems cf tianniortatlon
as Id do justice to the public as well an tu
those * whore money Ins been used to con
struct nnd maintain highways for the con
venience and bcnellt of the. people. Hut de-
tiplto the dllllcultl"S that confessedly attend
the proper solution cf such que.-tlons , the
couit cannot shrlnlc from the duty to de
termine whether It be true , as alleged , that
the Nebraska statute' Invade or destroy , "
Ylghts secured by the supreme law of tin.
land.
No one. wo take It , will contend that a
Btato enactment Is In haimony with that
Inw. simply because the legislature of the
stuU ? hap dTOhmd' ' such to be the case ; for
, thal would inaKo the state legistittire the
final Judifo of the validity cf Its enactment
although the constitution of the Unttei
/Ht.iUv1 and the la.\a made In pursuance
then af nro the Miprcme law of the land ,
tuiythlig In the constitution or livvs of anj
stoleto the contrary notwithstanding.
Thu Idea til it any legislature" , state , or fed-
ci1 can conclusively deteimlno. for the
reople'aml for the cuirts that what it en-
act-i In the forml of a law , or what It author-
.Ire4 Its agents to do , la consistent 'with ' the
fund unental law. Is in opposition to the
the-Qiy of our Institutions. The duty rests
upon ti'l courts , federal and stUc , when
their Juilsdleil-ii Is picpcily Invoked , to sec
to It that no right secured1 by the supreme
In A of the land Is linpalrc.il or destroyed by
.legislation.
It had been contended on behalf of the
law that the state nf Nebraska could legally
requlio local freight business to bo con
ducted even at an actual less , It the com
pany e.une.1 on Its Interstate business
euouRh ti glvo it just compensation In re
spect of Us eutlro line , am ) all Its business ,
Interstate and domestic. The court did not
f-ept this \PW , Justice Harlan saying :
Wo cannot concur In this view. In our
judf.inent it must be held tnat the leuson-
ubltiuus or unreasonableness of rates pre
scribed by a state for the tiansportatlon of
persona nnd property wholly within Its lim
its must be deteimined without reference to
the business of an Interstate chaiacter done
Now
Is the tlmo when you should take ft
Spiing Medicine to purify your blood ,
give you good appetite , sound sleep ,
steady nerves nnd perfect digestion.
That scrofulous taint , that skin troit-
blc , that liver dif-
flculty.thatbtlious
tendency , that
tired feeling , are
* ll cured by Hood's Sarsuparilla. Give
this medicine a fair trial and you will
realize Its positive merit. It is not
what wo say , but what tlio pcoplo who
nro cured say , which prove that
Hood's
! America' *
Greatest Medl.
& Co. . Lowell. MMI.
Liver III * ; to
by the carrier , or to the profits derived from
that buslntss. The state cannot Justify un
reasonably low rate * for domestic transpor
tation , considered nlone upon the ground
that the carrier It cirnlnK large profits on
Its Interstate butlntHX , over which , no far
nt rates are concerned , the state has no
i ontrol. Nor can the carrier justify un
reasonably high rato-j on domestic business
upon the ground that only In that way can
It Meet losses on Its Interstate business.
So far nM latt-s of transportation nro con
cerned , domestic IniMtiPSB should not be
made to bear the losses on Interstate bus
iness , nor the latter the losses on domestic
business. It Is only rates for the transpor
tation of persons nnd property between
points within the state which the state can
irpscrlue. and When It undertakes to pre
scribe rates not to bo exceeded by the car
rier. It must do so with reference exclu
sively to what Is Just and reasonable as
between the carrier and the public In re
spect of domestic business.
DEI-IKES IIUASOXABLR OHAROC5.
Referring to the arguments on tbo two
sides ot the case at to what nro reason
able charges , etc. , the opinion laid down the
lollowlng :
We hold that the basis of all calcul itlotia
as to leasonahlcncs1) of ratrn to be chnrscd
iy a corporitlon maintaining a nig way
under legislative sanction , must be the fair
value of the property being used by It for
: ho convenience of the public. And In order
: o dscortiln that value the original cost of
construction , the amount expended In per
manent Impiovements , tie amount nnd
market value of ItH bonds nnd stock , tin1
present as compiled with the original cost
of construction , the prohihlo earning
cipaclty of the property under nnv rates
prescribed by statute , and the sum required
to meet operating1 expenses , are all matters
for consideration and to 1 > e flven
such weight as may be Just and
ilgiH In the particular c.ise. What
the company Is entitled to ask for
fair return on Is the value of that willed
it emplo > s for the public convenience. On
the otier hand , what the public Is entitled
to dem md Is that no more be exacted from
It for the use of a public hlshway than the-
services rendered by It are reasonably
worth. But even upon tils basis we per
ceive no ground on the record for reversing
the decree of tht > circuit court. On the con
trary VVP are of the opinion that as to most
of the companies In question , Here would
have been under the lates established by
the net of Kill nil actual loss In eich of the
jc.irs ending- Juno 30 , I'Ol , 1S92 and IS'H , and
substantially no compensation earned for
the services icndcred , nnd trtat , In the ex
ceptional cases above silted , the iccelpts or
Rains , above operatinf ? expenses , of some
of the companies , -would have been toi
small to affect the general conclusion that
the act , If enforced , would have deprived
eaci of the lallroid companies Involved In
those suits of the Just comiK > nsitlon se-
curtfd to them by the constitution. Under
the evidence- there Is no ground for sijlng
that the operating expenses of any of them
were KIeater than neeessaiy.
In conclusion Justice Harlan said that If
business Impiovcd the state cbuld apply to
the courtii , his langinge being as follows :
Hilt It irny bo added ; tint the- conditions
of business , BO far as railroad corporations
arc concerned , have probably chaiiKinl foi
the bettor nnd , that thil ratei prescribed by
the statute of Ib'Jl may now aft rl all the
compensation to uvhlch the. rallioad com
panies In Xebr.islca are entitled , at between
thorn and the ( public. In anticipation , per
haps , of such a ch inge of circumstances ,
the circuit court wlsily piovUUd In Its final
decree that the defendants , members of the
Uo ird of Transportation , might , "v/hen the
circumstances have changed so that the
rates llxel In the Slid act cf 1 95 shall jleld
to the said comp inles. icisomiblc compensa
tion for the services afores ild , " apply to
thu count by bill 01 otherwise , as the > might
bo advl ed , for a further order la that be
half. Of UiU provision of the final decieo
the State Hoard cf Transpoi tatlon , If so ad-
vl ed can avail themselves.
In tint event , If the circuit court finds
th it the present condition ot business Is
such as to admit of the application of the
statute to the- railroad companies In ques
tion without depriving them of Just com-
per.'itlon , It will bo Its duty t& dlstlnmo
the Injunction herotofoie granted and do
make whatever order Is necessity to remove
any obstruction iplaced by the decrees In
these cases In thu way of the enforcement
of the statute.
Chief JuKtlce Fuller and Justice McKcnna
did not paitlclpatc In the hearing or ia the
dedilon.
vrroitMiYS ii.vvr. i.rrii.n TO SVY.
VleHHi-M. VA'eliMter mill AVnol rtli
rimrynidi 'llielr Co in me-lit.
John It. Webster expressed neither sur-
prho nor chngrln when hevag Informed of
the dpclolon of the supreme court. Ho slid
that ho had opposed the contention that the
law Involved a confiscation of pioperty under
article xtv of ( tie constitution , but asldo from
that he had nothing to say beyond ttio state
ment that the supreme court had evidently
disagreed with him.
Judge Woolworth , who represented the rail
roads In all of the trials of the maximum
rate caae , was at his home when apprised of
the decision of the United States supreme
court. Ill speaking of the matter ho said :
"Without knowing definitely what potats th'
court -considered In r-asslng upcxi the case , 1
can't at this tlmo say much that would beef
of Intercrt rcgndlng the Issues , as all of
the facts have been publlilied In the papers.
There wan never any doubt In my nlhid
about the result of the maximum rate cctao
In the supreme court , so far aa the first
proposition was concerned. Thit was tint
the rates allowed by tbo statutes would not
pay tlio railroads for doing business. There
was another ptoposltlon that was of more
general intovest and that vvjs tdo conaldeia-
tlon of by what rule of legislation the rates
could bo measured.
"On the argument , ttryan Insisted that
the railroads were entitled to a fair rate
of Interest on what It would cost to reproduce
tlio property at the present tlmo He also
Insisted ttat the proof showed that the rail
road property In this etato could bo re
produced at $20,000 per mile. On that basis
ho held that the railroad companies were
entitled to reasonable compensation.
"The court undoubtedly rejected the ques
tion of declaring what a reasonable maximum
rate would be. The plaintiff In these cases
in the circuit court who locolved decrees
Insisted that > ou must take what the
property Is worth In the matket and that
that might bo the price at which the stock
would sell on the market , ur It might be
the value of the whole stock Issued , to
gether with the amount of the fixed charges. "
nXTUA SHPSION TALK.
There was unfeigned satisfaction In local
railroad circles during the afternoon when
the news that the United States supreme
court had rendered a decision destroying the
effectiveness of tlio Nebraska max
imum rate law became known.
The decision was not altogether unex
pected , so many rumors of a decision In
favor of the railroads having been received
from Washington during the last nine
months. Some railroaders express them
selves as fearful that the decision may ic-
sitlt In the calling of an extra session of the
legislature for the purpose of enacting some
rate laws that could stand the test of the
courts.
Among attorneys and railroaders alike the
probability of an extra session of the legis
lature ) was earnestly discussed. One promi
nent politician , a republican attorney , said :
"An extra session Is bound to result from
thlb decision. The state government haa
fallen down in this fight against the rail
roads , but It must of necessity do something
further to place Itself In lighting trim for the
fall campaign. Oovornor Holcomb Is desir
ous ot doing something- foist himself to
the front , and this will give him the longed-
for opportunity. I predict that an extra srs-
Blon of the legislature will bo called within
sixty days. "
This opinion , though hinted at In railroad
headquarters , was not generally accepted
there as the probable outcome of the loat flglit
agalniU the transportatlco companies. A
both the Union I'aclflc and the B. & M.
headquarters It was the common belief that
on extra Bt-sjlon at this season of the year
to attempt any anti-railroad legislation
would Impracticable and would not be at
tempted. One promlnoat railroad olucUi
said : "Our people are all too well satisfied
Just now to take up a flght against the rall-
loada. Tbo farmers are getting good prices
for their grain and live stock and ace not
going to leave their plowing to go to Mil-
coin to start another fight against the rail-
rouds tint would turn out Just about tun
same way this one has terminated. If It
* cro In a season of general deprcsilon It
might bo different , but a It to now I doubt
very muro ! f any extra session of the legis
lature U vailed and If U la Ita mission 1s net
apt to meet with aurcws. "
NOT UKAUY TO , COMMENT.
Most of the railroad o/lclals expressed a
ccalro to read the tout of tlio opinion of th.i
oourt bcforo commenting thereupon. This
U what General Manager Holdrc&o and An-
elstant General Solicitor Kelby ot the B. &
M. both eald when asked for an expression
ot opinion. General Freight Agent Croiby
tf tlit Am * rotd uld U tao supreme couU
had ruled against the maximum rate law ho
inppot < ed that would settle the matter.
TrolKht Traffic Manager Munroe of the Union
I'aclflc eald ho was glad to learn ot the de
cision nnd was anxloua to sec the text. Gen
eral Western Agent Nafh of the Milwaukee
road oxprcised his gratification , but offered
no comment. Assistant General Freight and
Passenger Agent I'hlllippl of the Missouri
Pacific was equally well pleased , and re
marked If It were not for tha war scare the
decision would have the cffoct ot sending
up railroad BtockJ a few points. General
Agent Dcnton ot the Rock Island's freight
department said the decision waa ot the
greatest Importance to every railroad In the
weat , especially In Iowa , where the state
railroad commission has trimmed down rated
to a loner basis thin In Nebraska even ,
A prominent attorney who Is very familiar
with the case from start to finish said : "I
expected no other decision. I have seen the
evidence of both sides. The State Board of
Transportation furnished mighty weak
cv Idence In this case , and It could have
furnished some remarkably strong evidence
had It so desired. But It overlooked a whole
lot of things , apparently desiring to make
no stronger case than It really had to do.
That Is why I say I'm not surprised at the
decision. With the. evidence at hand I do
not see how It could have been otherwise. "
HISTOUV Ul ? THH Cni.HllltATKD C VSK.
Maximum Itntr I.IM > Ono f > i'liriiNUii'it
Most ItitcrrMliiK SuliJi-utM.
Probably the most Interesting chapter of
Nebraska's legislative history Is ihat which
concerns the maximum rate case , Just de
cided by the supreme court of the United
States. It has afforded food for political dis
cussion for many years , was the direct cause
of the moral death of ono senator and the In
direct cause of the physical death of an
other , and has been the theme of one of the
most Important suits In equity over argued.
Karly In the session of 1801. the populists
having a majority in the legislature , a max
imum rain law was Introduced In the house
by Fred Nowberry of Hamilton county. It
was an exact copy of the Io a classification
and schedule , the only difference being a few
alight changes lu phraseology made neces
sary by local conditions. After a series of
sensational events the bill passed both
branches of the leglsliture. reaching the desk
of the chief executive. Governor James U.
Boyd considered the bill fully during the
whole tlmo allotted him by the constitution ,
giving hearings to all Interests Involved and
receiving many long petitions for Its ap
proval. Governor Boyd vetoed the bill and
sent It back to the legislature with a
message. H was passed by the house over
the veto and sent to the senate , whore It
berime the occasion of ono of the most ox-
cltlni ; and blackest episodes In the legislative
history of the state. The opponents of the
hill , uncertain of their strength , connived
at the bribery and kidnaping of Senator
Taylor of Loup county. Ho was hurried
away from Lincoln on a special engine and
carried to Io\\d , being first located at Council
Bluffs , from whence ho went to Chicago
Ttiylor's disappearance ieft the senate dead
locked under a call , which wus finally raised
and the defeat of the bill followed , It falling
to receive the necessary two-thirds vote.
PASSED AGAIN IN 1893.
The agitation In favor of a inllroid law
was continued during the campaigns of 1811
nnd 1892. When the legislative returns were
canvassed after the election of 1S92 It was
found that the populists had a clear work
ing majoilty In the house , and that the senate -
ate was hopelessly divided along political
lines. Iho populists and the republicans had
each elected fourteen senators , v.hllo the
democrats had secured five , thus holding the
balance of power. A maximum rate law was
vgaln Introduced In the house and passed. In
the senate Us fate was for a long time In
iloiibt. The rallroqds maintained a strong
lobby and used every resource at their com
mand to defeat the bill. Tor a long time It
i.eemcd ccrUIn that the measure could not
pass the senate Its pawago required seven
teen votes , and the popullata could muster
but fourteen. Senator Charles Clarke of
Omaha was knonn to be favorable to the bill ,
but ho was confined to his bed with a severe
attack of typhoid fever , and It was hardly be.
lleved that ho could recover sufficiently to
tnko his seat In the senate. Senators Hale of
Madison nnd Thomson of TJoage were also
believed to be friendly to the bill , but their
position was uncertain In the absence of
Senator Clarke. Ono afternoon , to the sur
prise of all the opponents of the bill. Senator
Clarke made his appearance In the senate
chamber. His return settled the fate of the
bill. In the closing hours of the session the
measure wan passed with the votes of Sena
tors Clarke , Halo and Thomson. Governor
Crounse. a republican oniclal , attached his
signature In approval , and It was a law , et-
foctlvo after the expiration of three months.
Senator Clarke died shortly after casting h's '
vote for the bill.
It seemed to be generally conceded that
the railroad companies affected bv the pro
visions of the new law would contest Itu
execution In the courts ; but as the weeks
went by the public received no sign. A
week bcforo the law became operative , how
ever , the B. & M. railroad made Its first
move by notifying the State Board of Trans
portation that preparatory to recognizing
the now law It would abolish the C-ccnt
differential so long cnjoied by the Jobbers
of the city of Lincoln , and vvhleh practically
placed them on an equal footing with Omaha.
The wholesale men of Lincoln became
aroused and at a public meeting raised funds
and employed attorneys to resist the aboli
tion , of the differential. In the meantime
It became nol ed about that the State Board
of Transportation would circumvent the pur
pose of the B. & M. to discriminate , as It
was alleged , against Lincoln , by revising the
classification so as to continue to give Lin
coln the benefits of the differential. This
purpose of the State Board of Transportation ,
If It existed at all , was thwarted by the B.
& M. , which applied to the federal court for
an Injunction , restraining the members and
secretaries of the board from making- any
revision In the classification.
PltnSENT SUIT COMMCNCKD.
This Injunction suit never reached cither
an Issue or -determination. . Before It could
bo taken up bills In equity were filed In the
circuit court of the United States by the
stockholders of the railroads In Nebraska
affected to have the law aajudgcd illegal and
void arul to restrain the ofllcers and man
agers of the railroads from putting its pro
visions Into effect. The state of Nebraska ,
through Its attorney general , promptly Inter
vened and became a party defendant to the
suits James ' .M. Woolvvorth of Omaha was
the principal counsel for the railroad com
panies , vvhllo John L. Webster represented
In chief the Interests of the state of Ne
braska. Voluminous testimony was taken on
both sides and afterward the cases were ar
gued before Judge David J. Brewer , a mem
ber of the supreme court of the United States ,
and Ulmer S. Dundy , then federal Judge for
the district of Nebraska , now deceased. The
opinion was against the state ot Nebraska
and In favor of the stockholders of the sev
eral railroads Interested In the suit. The
opinion was an exhaustive ono and was
written by Judge Brewer. It was announced
by Judge Dundy and the latter entered tlio
decree as prayed for.
Ths cases were Immediately revived by the
state of Nebraska and appealed to tbo supreme
premo court of the United States.
In d"ddlng the case Judge Brewer's rul
ings adverse to the claims 01 the state may
bo summarized as follows :
1. The couit held that It had Jurisdiction
to grant the Injunction as prayed , notwith
standing the fact that the rates w re estab
lished by dlract act of the lealslituro and
notwithstanding the provisions of the act
which gave any railroad company which
might feel Itself aggrieved by the rates the
right to file Its petition In the supreme court
of the state and thus obtain an order of
the State Beard of Transportation Increasing
the rates.
2. The court held that It was for the courts
to decide what should constitute reasonable
maximum rates , notwithstanding the pro
visions of the Nebraska constitution upon
that subject.
3. The court held that In determining what
would constitute reasonable , rates It was
proper to Inquire Into the value of railroad
property , and In dolnc so the amount of
stocks and bonds were Items not to bo Ig
nored , oven though the same wore much In
excess of the present value of railroad prop
erty.
4. The court held that in determining the
reasonableness ot the rates set down lu the
law we must flret ascertain the cost of car
rying local freight : second , the ree lptB from
local freight ; third , the reduction In receipts
the enforcement of the law would Impose ;
and , fouith , whether there would bo left
any profit on purely local business affected
by the act.-
C. The court found by tbo foregoing man
ner ot compuUtloD tbat by the enforcement
I i
of the law tliVrrfKln lines would have earned
a proflt , while tuo branch lines would not.
0. In dotoriiilnl/ig- / whether this proflt were
tumclrnt the court apportioned the bonded
Indebtedness ' ( real and fictitious ) of the entire -
tire mileage upom the mileage ot Nebraska ,
and found tie-'resulting net profit taaufll-
clcnt to pay Interest on this bonded debt.
7. The courtoMcld that In determining the
reasonableness of the reduction ot rates
fixed byi lawjwo-'miist exclude from consid
eration the pronU from Interstate business ,
the profits b6m'l passenger business , the
profits from local business In other states ,
but should consider what would bo the ef
fect on the great Income ot the companies It
a reduction shmild bo made to a like rate In
other stated nrul by congress on Interstate
business so as to affect In a similar degree
the whole business ot the companies.
IN THE SUPREME COURT.
To controvert the conclusions summarized
In the foregoing , the state of Nebraska ,
through Its attorneys , appealed the whole
case to the supreme court of the United
States. The legislature ot 1895 not only au
thorized the appeal , , but appropriated the
fundii to pay the necessary expenses , attor
neys' fees , etc. The law authorizing the ap
peal wus approved April G , 1895 , and John L.
Webster of Omaha employed to prosecute the
case to an Issue. On August S , 1S95 , the
case was docketed In the supreme court of
the United States. On December 16 , 1895 ,
Mr. Webster filed a motion to advance the
case. The motion was sustained and the
case set down for hearing and argued on
March 4 , 189C. On April 20 , 1S9C , the case
was restored to the docket and a reargument
ordered. November 30 the attorneys for the
state filed a motion to have tbo case ad
vanced , but the court overruled It , at the
same time giving leave to renew the motion
on the thltd Monlay In January , 1897. Noth
ing was done In the disc In the months In
tervening from April 20 until November 30.
The court was In session until May 25 , but
the attorneys for the state made no effort to
have the case advanced , so that Jt was not
finally reached until November 30 , as above
stated. The oise might have been advanced
much sooner but for the fact that the State
Board ot Transportation Interfered In the
management of the case to the extent of
adopting a resolution authorizing Attorney
General Churchill to enter Into a stipulation
with the attorneys for the railroads agreeing
to postpone the motion for advancement until
the third Monday In January. The present
attorney general , C. J. Smyth , In an opinion
to the legislature , submitted on March 24
last , believes that the case would have boon
settled much sooner had It not been for such
Interference.
However , the state made the best of Its
bargain and through the efforts of the at
torneys the case was set for reargument on
April C of the present year. On tint date the
case was argued by John L. Webster and W.
J. Bryan. The latter had never been asso
ciated with the counsel for the state , but was
Informally Invited to participate In the lli'al
proceedings by Attorney General Smyth and
Governor Holcomb. Some amusing commc'it
was undo from the fact that under the rigid
rules of the supreme court of the Unit ° d
States the tlmo allotted to the state was
entirely consumed by Mr. Webster and Mr.
Bryan , and thus Attorney General Smyth was
shut out entirely from making any argument
In a matter In which be had taken so much
Interest.
TKVT OK Ji'nan ' imrfxvnirs nncunn.
Onlrr nf < ll < - donrt Wliloli AViiM Ap
pealed lull ! Sustained.
On the Intqrprc/atlon / of Judge Brewer's
decree In the case vvliero It was decided In
the circuit court ; of the United States for
the Rlghth district hangs the effect ot the
decision hanfled down yesterday. At the
tlmo Judge Blower gave his pronouncement
It was noted Le had made no suggestion as
to what constitutes a reasonable return. In
the argument ) bcforo the supreme court at
Washington lunch ; stress was laid on this
point by the counsel for both sides. Elabor
ate tables andfcomputations were produced
and offered to th court with lengthy ex
planations. It rnw-v appears the supreme
court has loft the matter In quite as unsatis
factory state , nV-lTtore"It was appealed , so
far as a baste-jfor calculating rates Is con
cerned. The/rf / Is still the permission for
the State Board of Transportation to apply
for a supplementary bill to secure a modifi
cation of the order of the circuit court. The
full text of Judge Browcr'a order and de
cree is :
It Is decreed is follows :
T.iat the said railroad compinles nnd
each nnd every one of them , and Bald re
ceivers , be perpetually enjoined and re
strained from makingor publishing a
schedule of rates to be charged by thorn
or any or either of them for the tians
portatlon of freight , or and over their re
spective roads In this state from one point
to another therein , whereby such rates shall
bo reduced to those prescribed by the net
of the Iglslatart of this state , called In
the bill filed therein , "House Hell 3J , " and
entitled "An Act to Regulate Itnllroads ; to
Classify Freights ; to rix Reasonable .Max
imum Hates to Bo Charged for the Trans
portation ot rrclsht Upon Each of the
Railroads In tfeo State of Nebraska and
Provide Penalties Tor the Violation of This
Act , " approved April 12 , 1S03. and below
those now chaiged by said companies or
cither of them or their receivers , or In
anywise obeying1 , observing- conforming
to the provisions , commands , Injunctions
and prohibitions of said alleged act ; and
tn.u the Board of Transportation of said
state and the members and secretaries of
said board bo In like mannei peipetually
enjoined and restrained from entertaining ,
hearing or determining- complaint to It
aRalnst said railroad companies or any or
elthei of them , or their receivers , or on ac
count of any act or thing oy cltner of said
companies cr their receivers , their officers ,
nscnts. servants or employes , done , suffered
or omitted , vvalcli may bo foi bidden or
commanded by said alleged act , and from
Instituting' or prosecuting or causing- bo
Instituted or prosecuted , nny action or proceeding
ceeding- , civil or criminal , against either of
t > ald companies or their receivers , for nny
act or thing- done , suffered or omitted ,
which may be forbidden or commanded by
said act and particularly from i educing Us
present rates of charges for trnnspoitatlon
of freight to those prescribed In said act ,
and that tno attorney general of this state
bo In like manner enjoined from bringing ,
aiding In bringing or causing to bo brought ,
any piocecdlng , by way of Injunction ,
mandamus , civil action or Indictment ,
against said companies or either of them
or their receivers for or on account of nny
notion or omission on their part commanded
or forbidden bv the said act. And that a
writ of Injunction issue out of this court
120 MILES AN HOUR ,
I.ocMiinntlx ex Vrr.iii riMl With u Multi-
lilt' fjonr.
Some day vvo may look for a locomotive en
gine with the piston rods connected with a
largo scar wheel'rnnnlns In a smaller gear
pinion made fast to the shaft of the driving
wheels. By thlb' ' device the sa-ie travel of
* 1 T I
the plstcu rod baj wo have In our present
locomotives will tmin the driving wheels over
tvvlco and restljl'ln 120 miles per hour In
stead of sixty nllcS per hour.
Then It wll 'bo1 necessary to provide a
'
sharp front ( ) to avoid the heavy
air pressure , and tto devlso some practical
safety rails tq ipsuro the train sticking to
them. These tljlngs are coming. Hark the
prediction. " (
As the vvorltl 'moves faster , those who
would stay v.l j ) It nd cnoy the yearly Im
provements mu [ preserve and conserve their
health. CoffcaMe one of the meet cuunlng
destroyers of nervous activity extant. Its
effects show In a great variety of vvajs and
vvhen ono finds that little troubles with the
body are cropping up too frequently to bo
pleasant It will bo a clover stroke of com
mon sense to drop off the drug for a month
and see If you haven't put > our finger on the
real villain.
It Is an easy task to leave off coffee when
Postum Food Coffee , thoroughly boiled , Is
served. Dut Postum Is not palatable unless
It has been boiled full 1 ! > minutes after boil
ing commences. Many people fall to get a
desirable cup from I'ostuui simply and solely
because they leave It on the xtovo 1C mln-
utrs and consider because It looks black aud
rich that It U done.
Not so. The delicious flavor and food
value to not extracted until It has sharply
boiled at least 15 minutes after boiling com
mences. It la a powerful builder ot brain
and nerve centers.
nnd Under the seal thereof , directed to the
dnld. defendants , commanding , enjoining
nnd restraining thorn ng hereinbefore set
forth , which Injunction shall bo i > crpotual ,
eamo as Is hereinafter provided.
And It Is further declared , adjudged and
decreed that the act nbovo entitled Is re
pugnant to the constitution of the United
State * , forasmuch an by the provisions of
Raid act the said defendant railroad com
panies may not exact for the transporta
tion of freight from ono point to another
nlthln thlt state charges which yield to the
said companies , or either of them , reason
able compensation for such services.
It Is further ordered , adjudged and de
creed that the defendants , members of the
Board of Transportation of said state , may
hereafter when ttlo circumstances huvo
changed so that the rates llxcd In the said
act shall yield to the said companies rea
sonable compensation for the services afore
said , apply to this court by supplemental
bill or otherwise as they may bo advised ,
for a further order In that behalf.
It Is further ordered , adjudged and de
creed that the plaintiffs recover of the slid
defendants their costs , to bo taxed by tha
clerk.
XKXT aiOVU IX 11ATK MVTTIJH.
On\rrnor niul Vttornry Rcnornl Con-
Hiilt In llrtriiril to Action.
LIN'COLX , March 7. ( Special. ) News of
the decision In the maximum ruto case
reached tbo state house shortly before noon
today , aud vvhllo it was not unexpected
cauticd a tremor of excitement. This aft
ernoon Governor Holcomb had a long con
sultation with the attorney general , pre
sumably on the future courao to bo pursued
In regard to rate legislation.
The governor Was seen .by . The Bee shortly
after the attorney general had left the of-
flco and said : "I am disappointed that the
act of the legislature was not sustained.
I bad hoped that It would be , although ru
mors of an adverse decision have been com
ing for several months and I am not entirely
surprised at the news juat received. I am
not prepared just now to say what I will
do In regard to the calling of an extra ses
sion of the legislature , as I deslro first to
Bead the full text of the decision and find
upon what grounds It has been rendered.
The morning papers will no doubt print
the decision In full , so that wo can all bo
better Informed. I desire to take eomo tlmo
In stud } Ing the situation before deciding
on the question of an extra session. "
At the ofllco of the State Hoard of Trans
portation Secretaries Laws and Edgcrton
were on duty. Mr. Laws spent the after
noon comparing the rates specified In the
Xovvbcriy bill with the rates now In force.
Ho said tbat the hoard could give nothltig
to the public until after the text of the de
cision was received. Mr. ndgcrton said ho
was finite sure the cours had found no fault
with the constitutionality of the act. The
finding must have been that the rates were
too low for the period when the act was
passed , amounting to the taking of railroad
property without giving due compensation.
He believed that the conditions of business
which existed at the time the case went to
the courts no longer exist and that the rea
sons given by the court would not apply to
the present , so that the act could jet bp put
In force , the receipts and expenditures of
the roads having materially changed.
nncisio.v I MJ vsr.s iTuimo vnnits.
It I.IUsu llnrilcii from Their Shoulder *
anil Olcnrn the Alnio.siiliori- .
CHICAGO. March 7. The officials In this
city of the roads doing business In the state
of Nebraska were highly delighted over the
decision In the maximum freight rate case.
They had for the. . most part < been confident
that the court would find In favor of the
railroads , and for the last sl-c months have
been expressing that opinion. At the same
tlmo the actual rendering of the decision
was a great relief to them , as In case the
law had been held to bo valid the roads were
looking for similar legislation In other states
If the law had stood as to freight rates the
passenger men were looking for action cover
ing the. passenger fares , and all the roads
are greatly relieved that the danger of being
compelled to make possible reductions In
their rates , vvhen none of them are making
any too much money , Is out of tbo way
finally. ;
TWO KOIIIinitS 1101,1) UlA SAI.OOX.
Work of Ilrnee of Hurt aim on < lie
So iHh | SI lie.
The saloon of Hobert Krakropski , Twenty-
sixth and Walnut streets , was robbed last
night by two mon while the proprietor and
his friend stood against the wall with up
lifted aims. The robbers secured $30 , and
escape ! without leaving even a description
behind.
The tlmo chosen was 10 o'clock , TV hen
there was no one. In the place except Krak
ropski and another Pole. The men were
sitting by the steve talking and smoking
when a stranger entered. He wore a formid
able appearance , his face was covered to the
cjes with a handkerchief and he was armed
in 1th two revolvers. The men were ordered
to stand up , and vvhen they were ariangcd
against the wall the second bandit , who had
been watching outsldo , made his appearance
and went through pockets with ono hand
while holding a revolver ready In the other.
Only small change was secured and the
robber turned his attention to the bar. From
thq draivvcr ho took the proceeds of the day ,
amounting to $30. TJio robbers then left
and went south along the railroad tracks
which paps close to the saloon door. Previous
to their departure one. . of them took a largo
coal shovel from near the stove and thrust
It through the handle of the door on the out
side , holding the occupants prisoners until
they were safely away. The central elation
was notified and detectives were sent to the
location , but were tco late to accomplish any
results.
The description obtained was not good. The
saloon keeper eald the men were of the same
height , about five feet , eight Inches.
The patrol wagon received a hurry call last
night to Guelph's saloon , forty-third and
Military avenue. It had been reported that
two burglars , who had entered several houses
In the neighborhood , bad been s.ui rounded In
tlmrplaco by citizens. When the wagon ar
rived It was found that the suspects were
honest tradesmen \\holl\cd In the neighbor
hood. The citizens said they had tracked
tv.o men to the place who had been begging
at dlffeient doors In a presuming manner ,
but It was supposed they must have made
their escape through a rear door.
CAVUIA. SI3UMS TO IIU IllltlTATnD.
'Hei'fiit ' KniiflniPiilM by the
I'lilted ' SlaU-n henate.
TOUON'TO. Out. , March 7. The Ottawa
correspondent of the Globe ( the liberal gov
ernment's mouthpiece ) , rcfcirlne today to the
passage of the Alaskan homestead lawby the
United States senate and the concc&slona
asked from Canada In return for the prlvU
lego of bonding goods at Fort Wrangle , says :
"Tho answer of our government to the re
markable legislation passed by the senate at
Washington on Trlday , should It receive the
president's approval , will bo a courteous re
minder that wo Intend to navigate the Stick ,
een under tno treaty rights which glvo us
this privilege forever.
"Tlio bill adopted In effect gives us the
right to enter goods at Fort Wrangle and
trans-ship In bond only on certain Impossible
conditions , amccig them that wo shall allow
American miners entering the Yukon to cairy
In halt a ton of food , clothing and plant free
of duty ; that wo shall allow American fish
ermen the right to purchase bait In out ports
that wo shall give ( darters to American rail'
wajn bcglnnlg at Talja and Skagway end
desiring to build through British territory ;
that wo shall Issue miner's licenses at points
convenient for United States citizens. There
Is not a petty South American state that
would allow Itself to ho held up In this
manner and there Ifl a good deal of scorn
ful amusement among members of parlia
ment over tbo demands of the United States
ecnate.
"It will probably bo Intimated to the
authorities at Washington as plainly as dip-
Icmatlc words can Intimate It , that Can
ada will shut up the Yukon as tlgtit ak
a bomb , turn back all American miners oud
keep the gold fields as they are , undeveloped ,
until a railway can be built from an ocean
port of British Columbia Into that region ,
rathe ? than submit to any terras of the
sort contained In the bill. "
x.'liool Ten.-lier In Killed.
COLUMBIA. Aio. , March 7.-A report
comfs from Harrlsburer , Boone county , of
the Killing of James Ivle , n school teacher ,
by William H. D.tvls. principal of the pub
lic schools. They quarreled over a .woman.
After the shooting Davis surrendered and
waa release under ! $2,000 bonds.
ENCOURAGES THE SPANISH
Arrival oi * War Ships Swells Up the
Frond Dons.
THINK THEY CAN WHIP UNITED STATES
Wrockrrn Clrnrlnv Army tlie Mnlno
So Hint tilt cm Cnn iMnkr JIuro
iKli i\nnilunllou :
(
of the Hull , *
NEW YOniC , Marcn 7. A dispatch to tlio
Tribune from Havana ea > s : The arrival of
the Spanish ship Almlranto Oqucndo , al
though the Spanish population was still re
joicing over the coming of the Vlzcaya , haa
given the Spaniard. } ati exaggerated notion of
Spain's naval prowess. The tendency la to
cause a feeling that war with the United
States would not bo so serious for Spain.
The Idea may seem ridiculous In the Vtiltcd
States , jet the existence of thh belief among
a large clement ot the population of Havana
ntiould not bo Ignored. Tuo < e Spanish war
ships encourage the notion that the result of
tha Maine Inquiry la a eubloct of ludlffcr-
once to the Spanish government.
Not man ) da > s will bo needed for Captain
Sampson and his associates to conclude the
Investigation. The wrecking companies are
making progrci-s In clearing a way through
the superstructure. During the absence of
the board the Navy department divers have
been able to extend their examination of the
plates of the hull. They found these plates
twlsteJ as from an outsldo explosion. Evorj-
thlng previously learned regarding the for
ward magazine being Intact and the cxl.it-
once of large quantities of unoxplolcd am
munition has been confirmed and atrength-
oned without going Into inlnutla , but It
Is said the Navy department olllcers have
much technical evidence from the condition
of the hull an.1 . the Interior of the wreck
that the Maine explosion was duo to foul
play. As to whether by a torpedo or a sub-
mailne mine doubts ma ) bo left. Not much
proof can bo gathered by the naval board
concerning the persons who were In the con
spiracy. The Spanish authorities aie In a
better position to determine that matter.
SPANISH \VOHK SLOWLY.
The Spanl'ih divers have been working very
slowly. They have been giving m c atten
tion to the coal buiikers apparently than to
other portions of the wreck. They have
made nothing more than a superficial ex
amination of the hull. U eccns to bo un
derstood that the Spanish admiralty board
In Its official Investigation is finding little
evidence to glvo plausible support to the
theory of accident. This dl&tliictlcm from
pwltlve proof of an external explosion It
may not bo able to Ignwe. There Is clearlj
less confidence In olllclal circles than during
the perlol when the declarations of accident
were made bj General Illnnco. The Spanish
Inquiry proceeds In leisurely fashion. It
may be a long time before a conclusion Is
reached. This will be no reason for a long
delay by the naval board.
Under the condition * the Internal poli
cies of Cuba will bo exciting , for recent
developments have beea significant. The
radical autonomists having failed In their
plan of coaxing the Ir.surgcnts , a icactlon
has come. The Intranelgeantes now domi
nate the government's policy. The autonomist
cabinet Is not a factor In the situation. cnor
Govln's withdrawal from the cabinet has
been demanded by some of the obstinate la-
trarslgeantes because of his radical utter
ances In favor of more concessions to the
Insurgents , but the demand Is not pr eased.
The cabinet Is now powerless to withstand
pressure. The Wcyleiltcs and ultra-Spanish
.classes and volunteers are supremo. An
ofllclal assuanco by General Dlanco and Pre
mier Sagasta that the BOV eminent has no
Intention of disarming them tolls ouly half
the story. Hereafter there will bo more
aggressiveness In interfering in the affairs
of the government. They may hurry It along
Into action before the Madrid cabinet Is
ready. The volunteers , as a clars , are filled
with Ignorant hostility toward the United
States. Their movements hereafter will bear
watching.
Senator Proctor , who has been visiting
places near Havana , Is going to Sagua and
possibly to other ports of Santa Clara
province. He Is In no hurry to return to
Washington. Apparently Senator Proctor
has not formed a favorable Impression of
Spanish rule In Cuba. Ho 13 Inquiring
especially Into the economic conditions.
American relief , after much mismanage
ment , Is finally reaching tbo starving
people In the country for whom It was
meant.
WIM < covriMrn LIT ms JPOST.
Coimtil Gciiornl Iiui * AiiNUcrn
piilicr aiau'M Querj.
HAVANA , March 7. General Fltzhugh
Leo , consul general of the United States ,
waa questioned today regarding Spain's de
mand for his recall and eald : "I shall con-
tlrauo to do my duty , which Is to guard
American Interests. "
"Fltzhugh Lee , my son , came to visit mo
during the short vacation granted him by
the Chesapeake & Ohio railroad. Ho was
hero before , has many friends and will re
turn to the United States when his vacation
Is over , next week. Mm Leo 19 not 111 , nor
is she nervous. I have not written her any
thing to alarm her. I have had no need
to do so. "
As previously cabled , the coast survey
steamer liachc , on Its return from Key
West , will take the Fern's place hero near
the wreck of the Maine , as quarters for the
offlcers. The Fern Is to go north to take
on board supplies for the reconcentradoes.
taking these ouppllcs direct to Matanzas and
Sagua la Grande. Technically , the Tern Is
a war vessel , because It mounts one gun , a
six pounder , which Is used for saluting.
Only surmises can bo made at' to how long
the United States court of Inquiry into the
low of the -Maine will remain here , but It
docs not seem likely that the court's stay
hero will bo much longer protracted. Its
members profess Ignorance as to the tlmo of
their departure for the United States.
The court of Inquiry held Its usual ses
sions today , examining Uuslgn Powellson and
the divers' plans.
The Spanish divers work when they deslro
to do so.
The wreckers advanced steadily today In
clearing away the debris. Many articles of
personal value to the olllcers of the Maine aio
iccovcrcd from tlmo to time.
On account of the attempted smuggling
from Now York the customs officers glvo
careful examination of all consignments of
relief supplies. Except on the order of the
military authorities the distribution ot qui
nine has been prohibited for a tlmo. It was
found that much quinine made Its way Into
the hands of the Insurgents.
No official Information Is accessible con
cerning the deportation ofivcral Amer
ican correspondents.
Several Americans were passengers on the
Ward line steamer Concoho today.
As bearing on the state ot the public feel
ing hero It Is vvorta. noting that there were
thirty-two balls and more or less elaborate
parties In Havana last night.
The report of the reelgnatlcn of Unltod
States Consul Barker at Sagua la Grande Is
not confirmed , Mr. Darker , when last seen
In Havana , expressed himself as very much
dlssatlsflcj because supplies had not been
tent to tbo reconnentraclos in his district.
Miss Clara Dartcn la at Sagua la Grande
today ,
T H\s LM\\V CAII.IHS.
Leo Incident Sui | > ocil to lie He-
Miniiiillile ' "r hicrnl of Them ,
WASHINGTON , March 7. Not slnco the
disaster to the Malno has the president re.
celved so largo a number of early callers
of prominence as this morning. Senator. !
Allison and Halo \\oro among the flrat teen
on ho and they ncro Immediately shown Into
the cabinet room. They were soon joined by
Secretary Long and Representatives Dlngley ,
Groavenor und Cannon. The conference
laated nearly or Quito an hour and at Ita
conclusion all left about the eame time ,
U wag learned tbo Intimation that Spain
as dI atl Hed with General Leo and might
ask the president to recall him came to tlio
secretary of elate last Saturday through a
cablegram from Mln later Woodford , and that
In teaponie to tbo prealdent'a refuial to coo-
elder General Le'a recall th Madrid -
tlKcllles Blgnined their acquiescence and Ihli
fact w g duly cabled to tdo secretary of ntstc.
U therefore appears that the status Is the
Btmo s before the Incident. The correspond
ence , s understood hero , did not show that
Spain liad nuiilo ft demand for ( lencMl Jx-e't
recall , or that tlio Madrid government had
gene no far na to request his recall. The
extent of Ito displeasure- expressed In an
Intimation simply that hU presence In
Havnni ni the representative of the United
Stated government was not agreeable to
them. The complaint against sending relict
supplies to Cuba In war % cMel waa made
through Mr. du Hose , the Spanish charge ,
but when the matter was fully explained to
him he expressed his entlro sntUfoctton with
the present arrangement nnd Intimated that
ho would withdraw his protest.
siour.iuiiv : io. > ASKS rou
Ho Wiiiilft II for iiiilipliiK : Vomm-l
mill llujliiK1 Cnnt.
WASHINGTON , March 7. Secretary Lous
sent to ccticress today for Inclusion In the
urgent deficiency an estimate of an approprK
atloM ot $300,000 to be Immediately available
for the equipment of vcuricla In the invy tor
the present fiscal year and for the Imme
diate supply of 10,000 tons ot ooal for Key
West.
The report a.ceompan > lng the request show
the bunker capacity of the ships In the navy
now In the vicinity of the Dry Tortugas anfl
Key West Is about 12,000 tons and the storage -
ago capiclty of the coal sheds at Key Wc-st
Isl.L'OO tons. The larger v ieU of the- fleet
the secretary rays , cannot appnnch nearer
than seven miles of Key West. At present
they coal ftom schooners at Tortugas ana
at other places nearby wben weather per
mits. There Is cno flat lighter with a ca
pacity of 300 tons row at Key West. This ! n
not suitable for use at any distance from tdo
port The report ccncludoi as follows :
The bureau believes It Is for the Interest
of the service th.it additional tontpor.iry
coil sheds should be. ron > ttiictc\l on gov
ernment lind lit Key "West which will In-
crei u the Htowage c.ipiclty thereup to
10,000 or 120CX ) toiH and that llghtem bn
furnlshcO which an ly be. tow < ed nnyvvhcro
within a i.ullus of sixty miles of Key West.
Also that at leist lO.OiX ) tons of coil b
laid down at ) Key West ready for an emer
gency. The appropriation for .the , icmilnder
of the piesent > c-.ir Is Inadequate for these
purposes and In order that the bureui m ly
bo , iblo to cAecuto the neci'ssirj contracts
at once. It Is recommended tli.it cougies
apprcprlitc $10 > > 000 .uUlltloii.il .to . be liiiinc-
dlitely available.
iK- Moil for I IIP u % > .
WASHINGTON , March 7. The Navy de
partment today began the rccrultlnK of men
for the Columbia and the Minneapolis , which
are now at the League Island navy yard.
This action Is taken notwithstanding the
delay on the part ot congress In providing
for the 1,500 additional men asked for by
Secietary Long lu his recent communication
to the naval afTalis committee on the mib-
Jcct. The olllclals o\prrs.s no doubt but that * . .
favorable action will foe taken on the secre
tary's request and nro simply taking tlmu
by the forelock oo they muy bo In readiness \ {
It trouble should come. About 030 men In all
will bo required for the two vessels and the L'
enlistments are In progress at Ueston , Now "
York and Philadelphia. j
, |
i
Both the method and results when
Syrup of Figs is taken ; it ia pleasant
nnd refreshing to the taste , and acts
gently yet promptly on the Kidneys ,
Liver and Bowels , cleanses the sys
tem effectually , dispels colds , head
aches and fovcrs and cures habitual
constipation. Syrup of Figs is tho'
only remedy of its kind ever pro-
duccd , pleasing to the taste and ac-
ceptahlo to the stomach , prompt in
its action and truly beneficial in ita
effects , prepared only from the most
healthy and agreeable substances , its
many excellent qualities commend it
to all and have made it the most
popular remedy known.
Syrup of Figs is for sale in 50
cent bottles by all leading drug-
gists. Any reliable druggist who
may not have it on hand will pro
cure it promptly for any ono who
wishes to try it Do not accept any
substitute.
CALIFORNIA FIG SYRUP CO.
SAN FRANCISCO , OAL
iOUISVlLtf , Kf. HEW YORK , H.t.
I.HO SI.NO niul 1,130 YOIINO , Propx.
Shang Hai Restaurant
Fine Tea and Coffee
First-Class in Every Respect.
OPEN ALL NIGHT.
1101 DoilKf Slr - 't . . . . ( MI VIIA.
AMUSI3M13XTS.
&
_ Mannecu T l. ll
fifflSn. Commencing Tonight
am. iiicii.uti )
MANSFIELD
Presenting on Tuesday Evening , only tlmo
his latn-t success ,
THfi WEVIL'S DUCIP LE. 1
At tha Wodnnsiluv Mntluco.
BEAU BRUMMEL ,
On Wi'dni'Mliiy Ionln I _ -
A PARISIAN ROMANCE.
- - - -
I'l'ree list entirely nUF | > i.ndetl All scuts r -
Eetxcd mu t l > e iallo.1 for by 7 o'clock.
THURSDAY , Mch. 10.
iiV.llI : > IIAHIUU _ l
"oi.u IVVIMHM. "
I'rlces IJ > \ . er 1'lnor Jl , 750. Balcony 750 , COo
Scats now on bale.
THE CKEICHTON | . .
O D , Woodwnrd. Amusement Director
TIIMUIIT , HlOO ,
WOODWARD STOCK COMPANY
1'roncntlng
MTTLI :
I.OItll
i-\n\Ti.iitov.
SunJay Tlin I : . , SIfi f ,
SpcclaltlM-Md'nrlliy U Htynolji. Tlie Do-ril-
llpl.s. The l.u lto > 3. _
IIOTRI.S.
HOTEL BARKER
COR. 13TH AND JONE3 ST. . OMAHA.
IIVTKS W1.50 AMI $2.00 I'KIl DAY ,
Kttctrlc car * direct to exposition ground * .
FllANK BAHKKII. Caihler. . ; . . .
BAM UAUMAN. Chlff Cleric.
THE NEW MERCER ,
liilh niul Howard Sl . , Ontnlin.
Now open. 150 rooms , C2 with buth ,
American , $3 up ; Kuropeun , tl up. P. J.
Coatcs , proxldcnt : UlrH Smith , manager !
William Andrews , H. U , Smith , clerks.
THE MILLARD
13th nnd Douglas Sts. , Omaha.
CENTIlALaVT LOCATED.
_ AMEIUCAN AND EUROPEAN PLAIU ,
JT. K. MARKBb * SOU , Pr * ) * k