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.
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strength of the young. It Is a food already digested. It Is prescribed by doctors of all schools, Is used In all the leading- '
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, 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 ?
