Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Feb. 1, 1907)
V) TOE OMAHA DAILY BEE: FRIDAY, FEBRUARY 1, 1007. REPORT ON NORTHWESTERN B4 la Htbmka Earni Six tod a Half Millions Last Yaar. i NET EARNINGS TWO AND THIRD MILLIONS Operators Attenalas; Legislators l Beearo Passes; s( Bm Eacri4 Operators I'adcv Mas. toea Tears Old. (From a Sta.fr Correspondent.) LINCOLN, Jan. tl (8peclal.)-Tha North western railroad made 1U annual report to the state auditor today, in compliance with the statute. The cross earnings of this road In Nebraska during- the last rear was $6,627,480.74 while Its net earning In the state amounted to tJ, 362, 727. 23. The passenger earnings In the state amounted to 11.286,301.63, tbs freight earnings $4,921, 02.05 and from other sources the receipts were $31,I77.07. The operating expenses and taxes in Nebraska amounted to $4,184,754.62. The gross earnings per mile amounted to $5,927.28. while the net earnings amounted to $2,146.48. The dividends for the entire road amounted to $8,483,068, while the inter est oa debts amounted to $7,136,927.7$. This road owns and operates 1,101.28 miles in Nsbraaka. Loo kin a- After Operators' Bill. M. J. Johnson of Anselmo. Neb., general chairman of the Operators' association of tho Burlington system, containing 2,000 In number. Is in Lincoln, Hs Is looking aftei tho operators' Interest in a bill which will be Introduced within a day or two which Will require all operators receiving or sending- train orders to be 19 years of age. Mr. Johnson has been at Jefferson City, Mo., aod Topeka, Kan., where similar bills were Introduced and a like bill will go be fore the legislature at Des Moines. Ia., and Bprlngfleld, I1L This bill Is In the Interest of safety and drawn by men who have the actual handling- of the train business. A year ago, through the Operators' as sociation of the Burlington system, the operators secured an advance of $12 per month, which made an Increased annual oxpenee of $160,000 for the system. The Operators' association will soon go Bstfors the railway officials at Chicago and ask for increased pay and sufficient help to do the station work. At many of the small stations along the road, It Is as sarted, the station agent Is compelled to work every day In tho week and the work takes from fourteen to eighteen hours dally. Insane Man Rans Amnclc. NORFOLK. Neb., Jan. 81. (Special.) James Kelly, an Ipwa laborer working on the sewer here. Is running amuck In Norfolk with a butcher knife looking for policemen who last week were compelled to bind him and place him In a strait jacket In the jail. Though declared In sane by Dr. J. H. Mackay, formerly su perintendent of the Nebraska Insane hos pital here, the Board of Insanity at Madi son turned the man lopse and he Is again having violent spells. It Is said. In a aalee with the fellow, Dr. Mackay's med- case and a hypodermlo syringe were Tribute to the Work of a Nebraskan. . Warm words of praise for "The Nebraska Book" by General Charles F. Mandersoti. Judge Lee S. Estelle, C. J. Smyth and Robert Cowell. These extracts from letters to the author are reproduced by permission. General Charles F. Mandersott, Omaha, Neb. "Your sweet book, 'Of Such la tho Kingdom,' came to me like a blessing and has filled my home with lasting perfume. The first chapter won me; and my wife and I, in Joint bond age, have remained your willing and contented captives." Judge Lee S. Estelle, Omaha. Neb. ' "Speaking from the worldly and sordid view It 'Of Such Is the Kingdom' meets with the reception and sale its merits deserve, you certainly should be able to retire from business at no Tery distant date. From a higher and nobler stand point, on its merits alone, It will live long after you and I and those we hold dear have returned to mother earth. People the world over have gone wild over 'Parsifal.' Ages before Wagner was born some unknown author gave to the Christian world the glad and glorious old Christian hymn, the unknown composer of the'Adeste Fldeles.' I'd rather be -latter than the honored author of the former, I'd also rather be the author of your little book than of any one of thousands that have brought fame and wealth to their authors. Really, i the only modern book that I think worthy to be mentioned at the same time with 'Of Such Is the Klgdom' is, 'The . Greatest Thing in the World,' by Drummond. They occupy places alongside of each other. I believe you have given to the world a classic, and in purity of thought It Is unexcelled. I certainly feel that It Is and will be a constant help to me." C J. Smyth, Omaha, Neb. "I have read It with great satisfaction. It Is full of tender, touching thoughts delightfully expressed. No one can read it without feeling better because he did so. It uncovers so much that is beautiful and hopeful, uplifting so much of flowers and sunshine In things which before passed before us dally without exciting the slightest suspicion that they con tained anything of interest or pleasure. I can congratulate you upon the little volume, and sincerely trust that It is not your last." Robert Cowell, Omaha, Neb.. "Numerous notices of your book, 'Of Such Is the Kingdom,' attracted my attention, and I was not satisfied until I pos sessed a copy. Immediately upon opening it I was fascinated to such an extent. Indeed, that I never laid it down or left my chair until I had read it from cover to cover. In these daya when so much that Is vapid and trashy circulates under the name of literature. It Is Indeed refreshing to find a book so pure in thought, and so filled with what la hopeful. I wish it were possible to get It into every home. 1 hope ministers and teachers will not only read It themselves, but that they will read it to their hearers. For myself, I acxnowledge grate ful obligation. No one can read the book without an uplift, for it is full of Inspiring thoughts. I am sure it Is only neces sary to bring It properly before the attention of the public to Insure a large aale. How true it is that 'A little shlld shall lead them.' and with all our boasted wisdom, how often we discover that there Is much in life which for some reason Is dark and obscure to us, but which Is 'revealed to babes' and sucklings.' The charm of your book is its trueness to life. It will gladden many a sorrowful heart, instill hope in despond ent breasts and make the world better and happier." Two hundred pages, cloth boAnd, on sale at The Bennett Company, Megeath Stationery Cty., Thos. Kilpatrick & Co., Matthews Book Store, or sent by mail, postpaid, for $1.00. Address R. L. Metcalfe, care of Commoner, Lincoln, Neb. shattered. At that time Kelly As1red to kill somebody, and It took four) men. In cluding Chief of Police Hay, a strapping fellow, to hold the prisoner and handcuff him. BCRIED Ol DAT BET FOR WEDDMO Miss Matilda Hettaer Is a Victim f Qalrk Conaamptlna NORFOLK," Neb.. Jan. $1 (Special.) To be buried on the day she had selected for her wedding wss the sad fate of Miss Matilda Huttner of Lindsay. Miss Huttner was to have been married yesterday to John Casper of thst place. She was stricken with pneumonia a few days agp and quickly succumbed. The funeral services were then fixed for the day and In the same church when and where her marriage was to have ben celebrated. Cheek on Brldae Contractor. BEATRICE, Neb., Jan. . (Special.) In view of the fact that the county board has been subject to much criticism because of Its method In building bridges. Super visor Btarlln at the meeting yesterday of fered the following resolution, which was adopted: Resolved, That when sny new bridge or bridges ha-e been built It shall be the duty of the supervisor of the district to call upon some member of the committee on bridges to assist him In the Inspection of said bridge or bridges, and It shall be the duty of the said supervisor of the district to re port In writing at the next meeting of the county board, the report to be aimed by the supervisor, end also the member of the bridge committee, said report to show the kind of bridge or bridges built and location of same, and the cost. A. B. McNIckle of Cortland was re-elected a member of the soldiers' relief committee for a term of three years. Maynard Held Wlttioat Ball. ALLIANCE, Neb.. Jan. JWSpeelal Tele gram,) May nard, who shot and killed Roy Barnes here Tuesday evening, was given a preliminary trial today before County Judge Berry and pleading not guilty was bound over to the next term of district court, which convenes In March, without ball. Farewell to Pastor. ALLIANCE, Neb.. Jan. $1. (Special Tele gram.) A farewell reception was given W. H. Frost, pastor of the Episcopal church, by his parishioners and friends tonight In the city hall. After a little more than a year's service here, wherein he has en deared himself to many friends. He now leaves to take charge of Holy Trinity church at Lincoln. Mr. Frost will preach his farewell sermon Sunday, after which he takes his departure for bis new field. News of Nebraska. WISNER The Ice harvest Is completed here and a larger or finer crop has not been put up In years. BEATRICE Lucille Estella, the young daughter of Mr. and Mrs. W. H. White side, died yesterday afternoon. SEWARD The Seward County Teschers' enunciation will meet In the high school building here on Saturday, February 9. WISNER George Watlln, the brakeman killed at West Point Wednesday, lived here several years. His many friends mourn his sad end. EUSTIS A number of Odd Fellows from this place attended lodge at Oosad Monday evening to participate In the Initiation of several candidates. EUSTIS Frontier County Fslr associa tion at Its annual meeting at Stockvllle decided to Improve the grounds and other wise prepare for the fair, which will be held as usual, in Heptember. BEEMKH The marriage of Miss Viola Kersten and Mr. Edward Fullner was sol emnised st the Rock Creek church. Rev. B. McMke officiating. KU8TIS The four elevators st this point are filled to their utmost capacity. Owing to the Inability of the railroad to supply cars, but little grain Is being moved. Pi-ATTS.Mf H TH-Iuls 111. son of I. P. Kell, ajjd Miss Christine Sohroeder, both from Cedar Creek, were united In marriage by County Jurise Travis Wednesday. UN WOOD The weather is warm, clear and nice today, and the Ice men are all happy with their houses full of the best Ice they have been able to get for years. BEATRICrVThe Columbia Fire Insur ance company of Omaha. Neb., through Its agents. Jul ten A Powers of this city, has contributed $10 to the firemen's monument fund. PAPILLION-Rev. C. D. Leonard has ar rived from Evansion. 111., to take charge of the Methodist Episcopal church here, which has been vacant since the confer ence last fall. WISNER The Implement firm of Schreiber Sc WIskpts has been dissolved, Mr. Wlggers retiring from the firm here and taking the branch house at Beemen organized three years ago. EUSTIS While shelling corn Henry An derson, a young farmer residing ten miles south of Eustls, got his hand caught In the sheller, and before he could extricate it half a finger was cut off. BEEMER Frank Malchow of West Point, with 8. C. Sharp and Alfred Miller, appraised the damage in the August Flll mer road, southeast of town, Tuesday with the view of opening a legal road. El!8TI8-The series of revival meetings which are being held at the German Meth odist church are well attended end many , conversions are being made. The meetings re in onarge or Kev. H. It. Hachmann. YORK Women of the Methodist Episco pal church have arranged for an entertain ment to be given by Miss Harrlette 8. Reed who will give a "Japanese Evening" In the church on Tuesday evening February 6- BEATRICE Mrs. Eva Hackler of Wy more. wife of the late William Hackler, formerly chief of police of that place, died Tuesday night, aged sixty years. Her son, Elmer Hackler, is a resident of Wymore, EUSTIS The school board has acted on the petition calling for a meeting to con sider the proposition of erecting a new school house. It Is likely that as a result of this action an $8,0u0 building will be constructed. HARVARD Information has been re ceived of the sudden death of J. H. Ed wards at his ranch In northwestern Wyo ming. Mr. Edwards was a resident of Harvard for several years. He was burled Tuesday at Utlca. OSCEOLA Mrs. Milton Colwell, while walking on the Icy sidewalk, fell and broke the bones of the right thigh. She is rest ing quietly at the home of Dr. Josephine McChesney until she is able to be re moved to her home. EUSTIS The farmers of the Platte valley are complaining of the depredations of coy otes and are endeavoring to organize a hunt and exterminate a few of the var mints. It Is probable that a bounty will be paid for each, hide secured. BEATRICE Miss Etta Saner of Beatrice and Mr. Earl Dlxun of Nebraska City were married at that place Tuesday evening, where (hey will make their home. The bride la a daughter of Mr. and Mrs. Noah Saner, who reside twelve miles southwest of Beatrice. BEATRICE There are a number of as pirants for the office of mayor of Wymore at the coining spring municipal election. The list comprises Robert Jones, John Tay lor,' J. R. Dodds and George Worth. As usual the license question will be a factor In the election. WISNER Modern Woodmen of America adopted a class of nine on Monday and have a large class for a special meeting for next Monday night. The Foresters' team has received new uniforms and Is practicing every night as they go to Nor folk February 7 to put on the work tor the northeastern Nebraska cam pa ALBION E. U Myers of Newport, Neb., one of the principal local capitalists inter ested in the Midland Central railroad, has returned from the east, where he went to consult with others Interested In the project. He says there Is every reasonable prospect that the road will be pushed to completion the coming season. HARVARD Miss Mlra R. Church died at her home after a lingering Illness. She was the daughter of Mr. and Mrs. E. P. Church, early residents of Button and Har vard, and a niece of the late Dr. M. W. Wlloox and has many friends In Omaha and Lincoln. She will be buried by the side ot her parents and only sister at Sut ton. . BEATRICE It is said that the proposed new line of the Union Pacific will enter Wymore from the north near Alglre's house and that the company will build one depot for Wymore and Blue Springs. The line will cross the river near James Craw ford's farm and use the old roadbed through Bar net ton and Oketo to MaryvlUe, Kan. LINWOOD Mrs. Anna Bartas, proprietor of the Tyndal house, and Joseph Klama of Cedar Rapids, la., were married at the Tyndal house Wednesday evening, Thomas Duda, justice of the peace, officiating. Mrs. Klama will continue to run the hotel until March I, when her lease expires, and then go with her husband to Cedar Rapids, la,, to reside. CLARKS E. Hlnemeyer, John Cole, Jerry Shanahan, Mark Ravenscroft and Lee Mustard, prominent farmers and business men, have returned from Fort Oariand, Colo., where they went to look at Irrigated lands. While pleased with the country and the mild climate, they did not Invest, owing to the Incomplete status ot tha Irrigation side of the proposition. OSCEOLA The First Methodist Episco pal church still continues Its evangelistic services, so far as the laymen can attend to them, by holding cottage prayer meet Inges throughout the city. The other meetings nan to snut down on account of the Illness of the pastor. Rev. L. M. Origsby, who has been completely pros trated for some little time. BLUE HILL Frank Baker and T. T. Tcbln have been In Cambridge this week looking over the stock of clothing they pur chased from Arthur Geandreault. Ueand reault's reason for selling was to take charge of his father's large store at Camp bell. Mr. Baker will manage the business at Cambridge, while T. T. Tvbln will man age the business at this point. BEATRICE W. E. Lenhart and Cornelius Staere narrowly escaped being killed yes terday at the Dempster plant. They were standing In the doorway leading to the ele vator shaft when the cable to tbe elevator, which had ascended to the floor above them, broke, causing the elevator to drop to the basement. In Its descent It missed Lenhart and Staece only a few inches. BLUE HILL D. P. Davis passed away at his home on Wednesday of pneumonia after but a few days' illness, aged 58 years. Funeral services will be held at the Grand Army of the Republic ball at Bladen on Friday, conducted by Rv. Mr. Hummel of Red Cloud. He was a member of the An cient Order of United Workmen lodge and leaves a wife and a number of sons and daughters. FLATT8MOUTH - Ned Baker, colored, aged 76 years, is dead at the home of his sister. "Uncle Ned," ss he was familiarly known, was an eccentric character who had earned his living by selling pop corn and fruits on the streets and at the depots for twenty-five years. Deceased and his sister, Mrs. Grace Johnson, were bum In slavery in Ioulslana and worked for their fnaster Henry UoMlne, until after the civil wjr. His wife died fourteen years ago, and their four children previous to that time. FOR RAILROAD COMMISSION (Continued from Third Page.) trlct wherein Its principal office Is situated, or wherein such offense may be committed. If such railway com pany or common carrier be a foreign cor poration then such writ may be Issued by any district court In the judicial dis trict where It accepts traffic and has an agent to perform such service, to compel compliance with the provisions of this section; such writ to Issue In the name of the stats, on the relation or upon tha pe tition of the Stats Railway commission; and the failure to comply with Its re quirement shall be punishable as for con tempt, and shall make said corporation liable to a penalty of $1,000 for each day's failure to comply therewith, and when any such writ of mandamus shall be applied for no bond shall be required. Orders sf Cosamlssloa. Sec. . Orders of commission how made: Any person, firm, corporation or asso ciation or any mercantile, agricultural or manufacturing society or any body, pol itic or municipal, organisation complain ing of anything done fr osultted to be dons by any railway company or common carrier, subject to the provisions of this act, or any of the laws of the stais rela tive to tbs control and regulatkia of rail- may companies or common carriers un der which said commission has authority to act, may apply to said commission by petition, briefly stating the facts, except as to the fixing, establishing and regulat ing rates and charges for the transporta tion cf freight otherwise provided for In this act; whereupon a copy of the com plaint shall be served upon such railway compsny or common carrier In the same manner as process In civil cases la served, who shall be required to satisfy the com plaint, or file a written answer thereto within a reasonable time to be fixed by the commission. If such railway com pany or common carrier within the time specified shall make reparation for the Injury alleged to hsve been done, or shall correct the wrpng complained of. It shall be relieved of liability to the complainant for the particular violation complained of. If said railway company or common carrier shall not satisfy the complaint within the time fixed and there shall ap pear to be a reasonable ground for In vestigation of the complaint upon its merits, said commission shall proceed to an Inquiry and hearing Into the matters complained of In such manner and by such means as It shall think proper, and shall give the parties thereto written no tice of the time and place fr such hear ing, and upon such hearing said commis sion shall majte such order or orders with respect to said complaint as may be deemed just and reasonable. (Whenever ssld commission has reason Jo believe that any railway company or common carrier is violating any provision of this act or any laws of this state relative to the control and regulation of railway companies or common carriers. It shall at once Institute an Inquiry and fix a time and place for a hearing .thereon, upon their own motion, and shall make any order or orders as may upon said hear ing be deemed Just and reasonable. Pro vided, that nothing herein shall prevent any person or persons proceeding against any railway company or common carrier under the law of this state for such cases made and provided. ' Copy to Be Farnlsked Roads. (a) Said order or orders, together with the findings of fact and the conclusions of said commission based thereon, shall be reduced to writing and agreed upon the record, and a copy thereof with the date when said order or orders shall ga Into force and effect shall be furnished to the party who complained, and any Other person or persons directly Inter ested therein, and to any railway com pany or common carrier complained of, or with reference to whom a hearing has been had before said commission on their own motion, and said order or orders shall go Into force and effect at such time as Js, within the discretion of the commis sion, Just and reasonable, and said order or orders, the findings of fact and con clusions contained in said record, shall thereafter. In all Judicial proceedings, when properly authenticated as herein prdvlded, be admlted in evidence without further proof as prima facts evidence of every fact found, and that said order or orders are prima facts, Just and reason able; provided, always that no order for orders shall go Into force and effect within ten days after the mailing of said notice to the persons affected thereby. (b) Said order or -orders provided for In this section shall be In force and effect from and' after the said date fixed by the commission and shall o remain until an nulled, modified or revised by said commis sion, or until finally adjudged to be un reasonable and unjust In a court of com petent Jurisdiction, provided that no fur ther hearing need be had before said com mission with reference to said order or orders, provided, further, that If said rail way company, common carrier, person or persons affected by said order or orders shall appeal from the decision of .said commis sion to any district court In this state, said order or orders shall be held In abeyance until finally determined to be Just and rea sonable In said court. Enforcement of Orders. Sec. 10. Orders of Commission How, en forced. Whenever any railway company or com mon carrier shall violate or refuse or neglect to obey any order or orders of said commission which have been finally es tablished. It shall be the duty of the com mission, or any company or person inter ested In such orders, to apply In a summary way, by petition, to the district court In county In this state In which said railway company or common carrier has an office, or in any county through which its line of road passes or Is operated, or In which the violation or disobedience of such order or orders shall happen, alleging such vio lation or disobedience, as the case may be; and the said court shall have power to hear and determine the matter, on such short notice to the railway -company or common carrier complained of, as the court shall deem reasonable; and such notice, may be served on such railway company or com mon carrier, its officers, agents or servants, as ths court shall direct; and said court shall proceed to hear and determine the matter speedily as a court of equity, and without the formal pleadings and proceed ings applicable to ordinary suits In equity, but In such manner as to do justice In the premises; and to this end, such court shall have power. If It think fit, to direct and prosecute. In such mode and by such per sons as It may appoint, all such Inquiries as the court may think needful to enable it to form a Just Judgment In the matter of such petition; and If It be made to appear to such court on such hearing, or on the report of any such persons, that the order or orders of the commission drawn In ques. tlon has been violated or disobeyed. It shall be lawful for such court to Issue a writ of Injuctlon. or other proper process, mandatory or otherwise, to restrain such railway company or common carrier, and its owners, directors, officers, agents, employ es, lessees, trustees or receivers upon whom the duty may devolve or through whose agency said order or orders are to be car ried out, from further continuing such vio lation or disobedience of said order or or ders, and enjoining obedience to the seme, and in case of any disobedience of any such writ of Injuctlon, or other proper process, mandatory or otherwise, said rail way company or common carrier, and Its owners, directors, officers, agents, em ployes, lessees, trustees or receivers, to whom said writ of Injuctlon or other pro cess, mandatory or otherwise, was directed, shall be guilty of contempt of court, and It shall be lawful for such court to Issue a writ of attachment or other process of said court, incident or applicable to writs of Injuctlon or other proper process, man datory or otherwise, against sad railway cpmmon carrier, to pay any sum of money, not exceeding for each railway company, or common carrier, the sum of 11.000 for every day, after a day to be named In the order, that said railway company, or com mon carrier shall fall to obey such In junction or other proper process, manda tory or otherwise, and oak) owners, di rectors, officers, agents, employes, lessees, trustees or receivers, upon whom the duty may devolve or through whose agency said order or orders are to be carried out, upon failure so to do shall be deemed guilty of mlsdeameanor and upon conviction thereof shall be imprisoned in tbe county jail not less thsn ten dsys nor more then thirty days. Said monies shall, upon order of ths court be paid into the treasury of the county. In which the action wss com menced, one-half thereof to be credited to the school fund of said county, and the other half shall be transferred by the county treasurer to to stats treasurer, MeadacheG and Sleeplessness MR3. Q. u.fy's It Is recognised everywhere as the unfailing: specific for the cure of consumption, nervousness, typhoid, malaria, every form of stomach trouble, all diseases pf ' the throat and lungs, and all run down and weakened conditions of the brain and body. It restores youthful vigor to the old by nourishing and feeding the vital forces of life, and maintains the health and strength of the young. It Is a food already digested. It Is prescribed by doctors of all schools, Is used In all the leading- ' hospitals of the world, and recognised as a family medicine everywhere. It is absolutely pure. Medical advice and a valu , able Illustrated booklet on diseases sent free. Our guarantee Is on every bottle. Duffy's Pure Malt Whiskey la sold by all first-class druggists, grocers and dealers, or direct. In sealed bottles only. Price $1.00. Sec that the "Old Chemist"' trade-mark is on the label. Look for it carefully, and refuse substitutes. It will cure you after all other remedies have failed.- Duffy Malt Whiskey Co., Rochester, N. Y. and the payment thereof msy, without prejudice to any other mode of recovering the same, be enforced by attachment or or der. In tho nature of a writ of execution, In like manner as if the same had been re covered by a final decree In personem In such court, saving to the commission and to any other party or person Interested therein, the right to appeal to the supreme court under the same rules now provided by law In relation to appeals to said court as to security for such appeal, except that In no case shall security for such appeal be reoulred when the same la taken by the commission; but no appeal to said su preme court shall operate to stay or super sede the order of the court, or the Issu ance of execution thereon, and such court msy In every such matter order the pay ment of such costs and attorney and coun cil fees as shall be deemed reasonable. (b) Whenever Buy such petition shall be filed or presented, or be prosecuted by the commission, or by their discretion. It shall be the duty of the attorney general of the state to prosecute the same, and the costs and expenses, on the part of the commis sion, of any such prosecution shall be paid out of the appropriations for tbs expenses of the commission. ' Flxla Joint Rotes. Section 11. Joint Rates How fixed: It Is hereby made the duty of all rail way companies doing business In this state , to establish reasonable Joint rates for the transportation of freight between points upon their respective lines within this state, and shall receive and transport freight and cars over such route or routes as the shipper shall direct. Carload lots shall be transferred without unloading rom the cars in which such shipments were first made, unless such unloading into other cars shall be done without charge therefor to the shipper or receiver of such carload lots, and unless such trans fer be made without unreasonable delay; and less than carload lots shall be trans ferred into the connecting carrier's ware house or cars at cost, which shall be In cluded In and made a part of the Joint rates adopted by such railway companies or established as provided In this chapter. la) When shipments of freight to be transported between different points within the state are required to be carried by two or more railway companies operating connecting lines, such railway companies shall transport the same at reasonable through rates, and shall at all times glv ths same facilities snd accommodations to local or state traffic as they give to Inter state traffic over their lines of road. (b) In the event that said railway com panies or common carriers subject to the provisions of this act fail to establish through Joint rates, or fall to establish and charge reasonable rates for such ship, roenls, It shall be the duty of the railway commissioners, either upon their own mo tion, or upon the application of some per son Interested, to establish such rates for the shipment of freight and cars over two or more connecting lines of railroad In this stste; and In the making thereof, and In changing or revising the same, they shall be governed, ss nearly as may ba, by the provisions of thts act with refer ence to original schedules of freights and tariffs for railway companies and common carriers as herein provided, snd shall take Into consideration ths average rates charged by said railway companies or common carriers, for shipments within this stste for like distances over their re spective lines, snd rates charged by the railway companies or common carriers, for shipments within this state for like dlstsnces over their respective lines, and rates charged by the railway companies c-r common carriers, operating such connecting lines, for Joint Interstate shipments for like distances. (c). The rates fixed by said commission shall go into effect thirty jdays after mail ing a copy f the schedule of Joint rates to the railway companies snd common car riers affected thereby, which said schedule shall be prima facte evidence in all courts In this state, when authenticated by said commission, that the rates therein con tained are those fixed by said commission and that the same' are prima facie just snd reasonable for the Joint transportation of freight and cars by the railway companies or crmmon carriers for which said sched ules have been fixed. Praaltlee for Overehara-laa-. Sec. It Penalties for charging higher rata than those fixed and established. If any railway company or common car rier, subject to the provisions of this act, by or through its officers, agents or em pkyees, shall charge, collect, demand or receive from sny person or persons, com pany, firm or corporation a greater rate, charge or compensation than that fixed and established by the railway commission for the transportation of freight, passengers or cars, operated by said railway or common carrier, or for receiving, forwarding, handling or storing any such freight or ears, or for any other servlcs performed or to be performed by said railway company or common carrier, said railway company W. ROREIt. Pure Mair or common carrier shall be guilty of a misdemeanor,- and upon conviction thereof, shall forfeit and pay to the state of Ne braska a sum not lees than one thousand dollars nor more than five thousand dollars. (a). If any officer, agent or employee, for or on behalf of any railway company or common carrier subject to the provisions of this . act, shall charge, collect, demand or receive from any person or persons, company,. firm or corporation, a greater rate., charge or compensation than that fixed and established by the railway com mission for the transportation of freight and passengers, or cars, operated by said railway company or common carrier, said officer, agent or employee shall be guilty of a misdemeanor, and shall, upon convic tion thereof, forfeit and pay to the state of Nebraska a sum not less than one hun dred dollars nor more than five thousand dollars,' or be Imprisoned In the county Jail wherein conviction was had, not less than ten days . nor more than six months, or both, within the discretion of the court. Sec. 13. 'Unjust Discrimination, Definition, Penalties. If any railroad company or common car rier, subject to the provisions of this act, directly or Indirectly, through or by its agents, officers or ' employes, by sny spe cial -rate; -."rebate,' drawback, or other de vice, shall charge, demand, collect, or receive from any person, firm, or corpora tion, a greater or less compensation for any service rendered, or to be rendered by It chargas, demands, collects, or receives from any other person, firm, or corporation for doing a like and contemporaneous service, the samo shall constitute an unjust dis crimination, which Is hereby forbidden and I declared to-be unlawful. . (a) If any railway company or common carrier subject to the provisions of this act, through or . by Its officers, agents,, or em ployes, makes or gives any undue or un reasonable preference or advantage to any particular person, company, firm, corpora tion or locality, pr subjects sny particular description of trafflo In any respect what soever, the same shall constitute an unjust discrimination, which Is hereby prohibited. Fines for Refusing; Service. (b) If any railway company pr common carrier subject to the provisions of this act, through or by Its officers, agents or employes, shall fall, refuse or neglect, under such regulations ss may be pre scribed by ths commission, to receive and transport without delay or discrimination, the passengers, tonnage, and cars, loaded or empty, of any connecting llns of rail road, and every railroad which shall, under such : regulations as may be pre scribed by the commission, fall and re fuse to " transport and deliver without de lay or discrimination, any passengers, ton nage, or cars, loaded or empty, destined to any point on or over the line of any connecting carrier, the same ahall con stitute an unjust discrimination, which Is hereby prohibited; provided, perishable freight of all kinds and live stock shall have precedence In shipment. ' Ko Discrimination. (c) If sny railway company or common carrier subject to the provisions of this act, through or by Its officers, agents or employes, shall charge or receive any greater compensation In the aggregate for transportation of like kind of property of passengers for a shorter than for a longer distance over the same line, the same shall constitute an unjust discrimination, which is hereby prohibited; provided, that upon application to the commission any railroad may in special cases, to prevent manifest Injury, be authorised by the commission to charge less for longer than for shorter distances for transporting persons and property, an1 the commission shall from tlms to, time prescribe the extent to which such designated railway company or com mon ' carrier may be relieved from the operation of this provision; provided, that no manifest injustice shall bs Imposed upon any cltlsen at Intermediate points; pro vided, further, that nothing herein shall be construed so as to prevent ths com mission from making what are known as "group rates" snd "emergency rates" as herein provided, on any line or lines of railway In this state. (d) Any railway company or common car rier violating any of ths provisions of this section shall be guilty . of a misdemeanor, and upon conviction thereof, shall pay to tha state of Nebraska a penalty of not less than $1,000 nor more than 16,000 for each offense. (e) Any officer, agent or employe for or on behalf ot any railway company or common carrier subject to the provisions of this act, violating any of the provisions of this section, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not less thsn 1KB nor mors than tS.OUO for each offense, or be committed to ths county Jail In the county wherein con viction was had, for not less than ten days nor mors thsn six months, or both, in ths discretion of the court. ' (f) Any officer, agent or employs of any railroad company or common carrier sub ject to tha provisions of this act. who, by Mrs. O. W. Rorer, of Rock ville Center, L. I., suffered so from headaches and nervous trouble that she could not sleep. She has failed to derivo any benefit from the many other remedies she tried. She has been completely cured and re stored to health and now en joys restful sleep, thanks .to DUFFY'S PUKE MALT WHIS KEY. Mrs. Rorer Is 64 years of age and cannot say too much In praise of this great family medicine. "I have been a constant aufferer from headache and nervous troubles, , sometimes laying awake at night I saw your advertisement In the paper and made tip my mind to try your medl- clnal whiskey, and It did me so much' good that I continued it, but now only take it In the evening and at noon time. I think that It Is better than any medicine I can get. I have not had the doctor once since I commenced' using it. I thank you again and again i for the good It has done me. My agai . Is 64 years." MRS. O. W. RORKR,.: Rockvllle Center, L. I., Dec. 8, 1906. The above unsolicited testimonial ot , Mrs. Rorer Is similar In its words of! praise to many letters received dally) from men and women throughout thj world, In all walks of life, who hava been permanently cured by DUFFY'S PURE MALT WHISKEY, the greatest f all medicines. Whiskey means of false billing, false classification, false weight or by any other devise shall suffer or permit any person or persons to obtain transportation for property at less than the regular rates then In force on said line of said railway company or com mon carrier, or any part thereof, or who, by means of false billing, false classifica tion, false weighing, or by any device whatsoever, shall charge any person, Arm or corporation for ths transportation aa property other than ths rates fixed and es tablished upon the line of said railway company or common carrier, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in a sum not less than $100 nor more than $6,000, or be Im prisoned In the county jail In the county wherein conviction was had not less than ten days nor more than thirty days, or both, within the discretion of the court (g) Nothing In this act shall prevent tha carriage, storage or handling of freight ' free of charge or at reduced rates for tha state, or for any city, county or town govi ciiiiiiriiL, vr wr cnaruaoie purposes, or to and from fairs and expositions for exhibition thereof, or the free carriage ' of destitute and Indigent persons, or tha' Inmates of hospitals, elemosynary and char itable Institutions or the' employes of ths agricultural and geological departments of this state; and nothing herein shall be con strued to prevent railroads giving free transportation to any railroad officers, agents or bona fide employes, their at torneys, stockholders or directors, or to any person not prohibited by law; pro vided, they or either of them shall not reoelve from the state mileage when such pass Is used. Punishment for Extortion, Bee, 14. Suits to punish extortion and un just discriminations. When ths Railway commission has reason to believe that any railway company, or common carrier, or any officer, agent or employs thereof, subject to the provisions of this sot, has been guilty of any misde meanor, or misdemeanors, as herein de fined, said commission shall Immediately cause actions to be commenced and prose cuted against such railway companies, common carriers, agents, officers or em ployes, as the case may be, which may bs brought In the county of the state through or Into which the line of the railway com psny or common carrier sued may extend, and In the case of a misdemeanor on the part of any officer, agent or employs as herein defined ahnii k- v....l.. . uivuctu in inn countr where ths misdemeanor was com mitted, and It may on behalf of the stste, employ counsel as herein provided, to as sist the ottorney general Jn conducting such actions; said actions commenced shall be prosecuted In the name of ths state and no such action shall bs dismissed without trial unless said commission and ths at orney general consent thereto. Such actions hall . . ,. ...... a jjicicn-m-e to an otner business, excepfvcrlmlnal cases, cases of a similar nature, and such other actions as are (a) All of the penalties herein provided, unless otherwise- provided for, shall be re covered and suits thereon shall be brought In the name of the state In ths proper court having Jurisdiction thereof In any county in this stats to or through which said railway company or common carrier may be operating a road, by the attorney general, or under his direction. (b) In all suits arising under this chap-, ter the rules of evidence shall be ths earns as in ordinary civil actions, except as other wise provided herein, and all fines and penalties recovered by the state under this chapter shall be paid Into the treasury of the state, except as otherwlss provided. Sec. 16. Repealing clause. All acts or parts of acta In conflict here with are hereby repealed. Sec. 18. Emergency clause. Whereas, sn emergency exists, this act shall be In force and effect fmm . h . Its passage and approval. Girls- costs that were $6.00 now $., In clear"nw Benson & Thorns. 1618 Douglas. DIAMONDS Frenzer, 16th and Dodge. Moderate rice $1 Q0 -rtll for I f r awi uarvasatnsa i aj u r Usual to Calumet? Bolting Povdor ?
