davidaulloa/AmericanStories huggingface dataset:
Omaha daily bee., 1883-02-01

but one apswer. The excuse has In
Law no validity. The duties imposed
must be discharged at whatever cost.
They cannot be laid down or aban.
doned or suspended without the
legally expressed consent of the state.
The trusts are active, potential and
imperative, and must be executed
until Law fully surrendered; otherwise
a public highway If great utility is
closed or obsti ucted without any pro.
cess; recognized by law. This is some.
thing NO public eff ser charged with
the same trusts and duties il regard to
other public highways can d. without
subjeoting himself to mandamus or
indictment. We are not able to per-
ceive the difficulties that embarrassed
the court below as to the form of q
writ of %mandamus in such cares. 1t
Is true the writ must be specific as to
the thing to be done; but the thing to
be done In this case was to resume
the duties OF carriers of the goods and
property offered for transportation
that Is, to receive, carry and deliver
the same under tie existing laws and
regulations as the business had been
accustomed to be done. There wal
no necessity to specify what kinds of
goods should be frat received or car.
ried, or whose goods, or, indeed, &c
take any notice Of the details OF the
established usages of the companies,
1t was the people who were invoking
the writ, on their own behalf, and moi
for some private sutton, or to redres,
individual INJURIES"
Omaha daily bee., 1883-02-01
Duty Of Common Carriers.

st, Louis Republican.
Although the recent decision by the
general term Of the New York supe-
rior court on the question of obliga
ton Of railway companies to carry
freiqht In spite of strikes among their
employees comes after the clraum
stances which gave rise to the suit
have passed away, II is not without
future significance of the most import
ant practical character. 1t will be re-
memoered that ct the time of the
freight handlers strike for higher
wages, last summer, the railways re.
fused to give the higher wages de-
manded, aud the result was that large
amounts Of freight accumulated at the
depots aud business was for q Tins
seriously affected. The shippers sp
pealed to the attorney general, and
that officer instituted proceedings IL
the court for a msndamus to coupe
the roads to perform their duty a
common carriers. The lower court re
fused the application, and sn appea
was taken to the superior court. Tha
body reverses the lower courts deci
sion and decides In favor Of the ship
pers. The court say:
"Ws think this question admits Q
Omaha daily bee., 1883-02-01
OUR NEW SENATOR.

The election OF General Henderson
to the senate 10 q result which will
give widespread satisfaction through
out the state, and will be hailed with
especial Joy In Omaha, with which
the new senator has been so long
identified and where he Is universally
known and respected. None OF the
candidates before the legislature en-
tered the late canvass with more per.
sonal popularity, and none, so far as
ability and integrity are concerned,
had greater claims upon the sufrages
Of the joint convention. The choice
of General Henderson was o victory
for the republicans, not for the rail-
roads. As such 1t Is a n for CON-
graduation in q republican state which
has shaken of the bonds which for
years have been cast around 1t by the
agents Of corporate monopoly.
General Henderson gained strength
daily from from the si~ngularly,
straightforward manner In which he
conducted his CANVASS. Entering the
campaign a. the first choice of few
Of the members Of the Legislature, he
refused to add to his support by the
petty artifoes and profuse promises Of
an Office seeking politician. No ont
can charge that he sacrificed his indie
pendenoe In gaining the highest prizt
which the state has TO offer to any o.
Its citizens. He will thus enter upor
his duties unfettered by any faotiona
pledges, and bound only to work ant
vote for the best interests Of Nebraska,
That he will succeed In doing this, his
past record 81 . gallant and faith
ful soldier, an eloquent and able law
yer and an upright and valued oit'
lien Is sufficient guarantee.
The BEE joins witha host Of friends
Of the Q senator In congratulatine
him over the outcome of the most OBJ
stinate senatorial contest In our his
tory. 1t believes that the interests oil
the people Of this state will be safe in
his hands. 1t has confidence that a,
he has kept himself free from entang.
ling alliances with corporate, monopoly
In the past he will keep himself equal.
ly free In the future. Omaha, espec.
tally has reason to be proud that she
will have an eloquent advocate of hel
claims at Washington, and Nebrasks
that q man Of brains, Of honesty, Of
ability and of personal address auff
Client to make himself felt for the ben.
eft Of the State, will represent her In
the national senate.
Omaha daily bee., 1883-02-01
The legislature has taken a recess

The legislature has taken a recess of
one week. BY the time they return
they will be In a frame of mind to en-
ter upon the active duties of law.
making. They must be aware by this
time that all the talk of the railroad
managers that they desire full infor.
nation concerning the management Of
railroads by the legislature Is all bosh.
Every officer of the corporation who
has been called upon the Witness
stand before the committed has evaded
direct answers to fair questions
concerning the conduct and policy Of
the roads. They have sought by
hirelings like Judge Mason to throttle
investigation and browbeat witnesses
who have suff from abuses and dis.
elimination. In viow Of all this the
duty of the legislature will be plain,
There Is already enough known CON
corning the wants of the people In the
matter of railway regulation to render
further investigation unnecessary,
The people want laws limiting the toll
and protecting the rights Of patronl
and localities. Other states have en-
acted such laws and they can be fol
lowed with safety by Nebraska.
Omaha daily bee., 1883-02-01
THE FRENCH CRISIS.

The disagreement between the
French ministry and the chamber of
deputies has resulted In the resigpa-
ton Of M. Duolerc and his associates,
and President Grevy has called upon
N. FAllieres to form . new cabinet.
The now ministry Is built on the ruins
Of the old. With the exception of the
premier, the minieter Of war and the
minister Of the marine, 1t Il In all 70.
spects the same a. It's predecessor.
This In itself Is significant of how
little may DO expected Of its
efforts to solve the problems
with which the cabinet of M.
Duclerc struggledin vain. M, Fallieres
has been known az q hot-headed men,
Der Of the extreme lef. or radical wing
Of the assembly. There Is no reason
to believe that he has either the force
of character or temper Of mind neoes-
sary to meet the crisis through which
French republioanism is now passing.
In the Reorganization and excitement
which pervades all wings of the party
there is need of q cool head and ma
ture judgment, neither of which I'm.
portsnt qualifications the new premier
is believed to possess. For these
reasons the twentieth cabinet may be
expected shortly to follow Its nineteen
predecessors.
That there IL an element of great
danger in the situation, no one will at,
tempt to deny. But France, what
ever the suffice indications, is strong
ly republican. The republic has beef
built On the monarohial regimes, an,
the people have no desire to repsat tn
experiments of the past. Republi
canism In France Is not on trial. 1t l
steadily advancing towards q stabil
ity, which a only be reach
cd when factionalism lis dlminishe,
by the appreciation of the necessity o
political concentration. The variou
groups into which the wings of tn
Chamber of Deputies are divided hav
split for the most part on purely loca
differences. Dangers like those whic.
at present menace the existence of tn
republic itself will have a tendency t
blot out minor differences for the com
mon good. If, as reported, Presiden
: Grevy has determined to dissolve tn
: Chamber, the common sense {
the French people will probI
Q bly, quickly solve the problel
by the election Of new deputi,
o who will allsy by iudiclous and we
considered action the panic which h,
been aroused by the foolish exploit
:, Prince jerome. In the absence of
h strong leader like Gambetta the sob
Q. Judgment of the French people is Il
10 hope OF the republic for relief fro
ID the excitement which has taken DC
N session Of the government. Al
there Is every reason to belle
~, that 1t will bring peace and order @
or OF the present chaos.
Omaha daily bee., 1883-02-01
MONEY won In Colorado.

MONEY won In Colorado. Bowen,
with his $40, 600, 600, secured the long
term, and Tabor, with his So, OOO, OC0,
the short term In the senate. Money
won In New Jersey, also, Senator
Mcpherson securing the undivided
support Of the railroads. The Public
says, Railroads have more gratitu6s
than republics. He served his rail.
road well, and verify he hath his re-
ward" Nebraska can boast that the
railroads failed TO elect her United
States senator, aud that no bonanzs
king secured the seat solely through
the influence of his wealth.
Omaha daily bee., 1883-02-01

In VIEW of the fact that such a hue
and cry has been raised about the pre-
tended revelations OF Thos. l.. KIM
ball, we call attention to the testimony
OF the editor of THE BEE before the
special railroad commission, az de.
tailed In another column. II We dc
not mistake, there 10 some spicy read,
ing there for Thomas l.. Kimbal
and the Reppblican outfit, together,
with some general information which
may prove Of interest to the public
Facts there disclosed show hal Tn
alleged blackmAiling Of Jay Goul
was prior to the attempt Of the Unto
Pacific to gobble up The BEE by
consolidation with the R~epublica,
which failed, because the proprietC
refused 10 put the control Of the pap,
out of his hands. II is singular thi
after being blackmailed, as Kimbs
says, they should attempt to have al
further dealings with Rosewate
Mr.. KimbAll's testimony was an ar
fully constructed fabric Of lies wove
together on . very thin warp Of fact
II does not, however, stand washin
Omaha daily bee., 1883-02-01

THE treasurer of Alabama has alb.
seconded with $500, 900 Of the state
funds. Following SO closely on the
defaloation of State Treasurer Polk,
OF Tennessee, the news will create ad'
ditional distrust In the honesty Of the
management Of southern finances.
Some Of the southern papers are com
planning Of the unfsvorable reports
which northern journals publish o.
their section. When the south Learns
to be honest In the payment Of it
debts and fair In its treatment O
settlers from the north, the grounds o
complaint will be removed.
Omaha daily bee., 1883-02-01
General Charles +. Henderson.

Cleveland Leaier.
We are pleased to notice the name
of General Charles +. Henderson men.
toned 80 prominently by the press of
Nebraska In connection with the
United States senatorship from that
state. OF the very honorable gentle
men whose names are to be presented
to the legislaturs for that exalted Office
this winter, none would more ably rep.
resent the progress and patriotic sen.
timent of the great northwest, or take
bigh,r rank upon the floor of the sem
ate than would General Henderson.
Ohio, remembering his four years of
honorable and distinguished service in
the cause of the Union, as one of the
best and most gallant of her soldiers,
and unswerving devotion to the great
principles of the republican party,
would feel honored In his election.
At the outbreak Of the wal Of the
rebellion, in April, 1861, General
| Henderson left q lucrative law prsc.
tice to enlist "a q private soldier in
Company A, Nineteenth Regiment
Ohio volunteers, and was almost i'm.
m~ediately promoted to the captaincy
of his company, and with 1t served
wsth General Mcclellan In West Vir-
GINA. At the expiration of the three
months services he immediately re-
enlisted his company for three years,
and with his regiment was assigned to
the Army of the Cumberland. Psrtic'
ipating with great credit In all the
memorable campaigns and battles of
that army, General Henderson rose to
the coloneloy of his regiment, and was
brsvetted brlgadier general ''for gal.
liant and meritorious services during
the entire war of the rebellion" Al
the battle of L~ovejoy's Station, Sep.
TENDER Q, 1864, after having led hi.
brigade In one of the most brilliant
and successful charges of the war,
General Henderson received q terrible
wound which we'll nigh proved
fatal, and from the effects o.
which he has suffered more Oh
less ever since. After thu
clore of the war he resumed his prac
tic, at Canton, and before removing
to Nebraska had taken rank as n o
the leading attorneys of northern Ohio
An orator of rare ability, a gentleman
of liberal education and culture, witt
mature judgment and enlightened
views upon ali great political question
and o character without a blemish
General Manderson, will, II elected
prove an honor to his state and a val
liable acquisition to the ability an'
d gritty Of the senate. We congratu
l,te the legislature of Nebraska upoc
the opportunity before II.
Omaha daily bee., 1883-02-01

CONGRESS- has only twenty'seven
working days left, and the prospect of
the passage of a bill for the revision of
the tariff Is more than doubtful. Any
bill will certainly haze to finally 60 to
q conference committee. With q
committee of three from each house
the usual NUMBER disagreement
would be almost inevitable. Senator
Van Wyck has done such valiant ser
vice for tariff reform that it Is be-.
heved he will be one Of the senators
appointed on the conference commit
tee.
Omaha daily bee., 1883-02-01

BEFORE congress adjourns II should
investigate the msnner Of taking the
last census. A more fragrant fraud
wal never perpetrated. After the ex-
penditure Of millions Of dollars 1t Is
discovered that the statistics gathered
are worse than valueless. Instead CT
reliable ntstistics made up from the
people we have nothing but a mass Of
figures doctored IN by clerks, The
public has a right to know the full
Of the fraud which has been
perpetrsted on them.
Omaha daily bee., 1883-02-01

THE Republican tells us that the
election of General Henderson has
shelved the railroad Issue. The cleo.
ton or defeat Of no one man can
shelve the monopoly issue. That
issue will not down until the arbitrary
power Of monopoly is ourbed by ma.
tional and state legislation.
Omaha daily bee., 1883-02-01

READERS of "Nicholas Niokelby"
will remember the horror which the
vlrtuous and tyranloal Mr.. squeers
felt over the possibility of dining on
the beef purchased for the pupils Of
Dotheboy's Hall. Mr. William q.
Vanderbilt seems equally indisposed
to avail himself Of the facilities which
he offers to the public In the way of
transportation. About TO make q trip
In royal state across the continent, he
has taken extraordinary precautions In
advance to provide against accident to
his person or property while On route.
One of the sleepers Of bis
magnificent special train II to
be occupied BY . machinist with
his tools and q telegraph operator with
his instruments aud wires. In case
Of accident, the maohinist will be
ready to assist In repairing, and the
telegraph opeator to out the wires and
connect his wire and notify stations
shead and behind to detain trains.
All other trains are to keep out CT the
way of this one, &C as not to impede
It's progress In the least, and all
switches are to be set and spiked in
order to guard against a misplaced
switch. In this way this republioo.
royal train is expected to make an av.
ersge of forty miles an hour for q dis
tance Of about $500 miles. OF
course Mr.. Vanderbilt's life Ii o.
more Importance to the great
railroad monarch than the liveI
Of the ordinary every day
passengers on the lines which he con
trolls. The public has no right in hi
opinion to ask for the increased safety
of travelling which he by hi.
enormous wealth and powerful in1u
enoe. They have 40 ACC to e1peo
q telegraph operator on trains to in
form the nearest station In case Of 40
oident or to demand . maohlnist t,
ausist in repairing possible damages
The difference between . dead heat
monopolist and q paying passenger
= marked one and the sauce for tn
monopolist king seems to be too riol
for the consumption Of his poorer pat
rons.
Omaha daily bee., 1883-02-01

Thu judiciary committee Of the
Maine house Of representatives has re.
ported In favor Of the restoration of
capital punishment. No punishment
for murder that Is an Improvement
upon hanging has yet been suggested.
All experience has proved this fact.
Omaha daily bee., 1883-02-01

WHEN the Nebraska Legislature con.
vsned we were assured by the repub-
lican leaders that their party was de.
termined to profit by the lesson of the
late election In placing itself ON REQ.
ord In favor Of wholesome anti-mo.
nopoly legislation. The FIRST aot Of
the republican Legislature wa ths
Omaha daily bee., 1883-02-01
THE

While the election Of General Man
derson will be hailed with satisfaction
by men Of all parties as q step toward
better government and a higher grade
of public men, It must not be forgot
ten that there Is yet a momentous Issue
to be settled before the cause Of anti.
monopoly can be abandoned. The
twenty members of the Legislature who
cast o solid vote for an anti. monopoly
candidate In the face Of the as.
sured election Of General Man.
derson stand out Oh o living
protest against the abuses that
made o third party In this state q posi-
bility in the last campaign. Of the
IL, 900 voters who cast their ballots
for anti monopoly candidates fully
5000 had left the republican party,
notwithstanding the fact that In so
doing they separated from ar organi.
cation that gave Garfield $4,000
majority In 1880. During the
struggle that has just closed
In the election of General
Henderson, this new element
In Nebraska politics sustained itself
In an unequal struggle with the ut.
most credit. Before the Legislature
met It was charged by the henchmen
of the railroads that anti.monopoly
votes were the cheapest votes they
could get, but the senatorial contest
has given the lie to the assertion. II
was mainly the firm and manly stand
taken by the anti.monopolists that
made 1t impossible for the railroads tc
dictate the senator, and while
II wa impossible for the min
ority to elect their candidates,
they we're the means of preventing
the calamity Of an avowed monopoly
successor to Alvan Saunders. Hat
the democrats, who were also in tn,
minority, shown less sel6shness al
out.and-out anti monopolist could
have been elected. As 1t 10, the anti
monopolists In the legislature hav'
been an important and useful facto
In the great struggle. Until the re
publican party gives vitality to tn
professions it makes of being in favo
Of the reforms demanded by the anti
monopolists, this important elemen
must continue q separate factor in on,
politics.
Now that the senator is elected 81
partyism in legislation must be drop
ped, and 1t remains to be seen whethe
the anti-monopolists are to be second
ed In their efforts to redress the pub
lie wrongs by members of other par
ties.
Omaha daily bee., 1883-02-01

IT Is . remarkable fact, but every
member Of the Legislature who voted
for the successful candidate on the
last ballot was ian original Mander.
son man."
Omaha daily bee., 1883-02-01

THB balance Of power was held BY
the anti.monopollsts. II they failed
to elect their preferred candidate
they prevented the election OF = mon.
opoly tool.
Omaha daily bee., 1883-02-01

GENERAL MANDERsoN was the only
original Garfield man In Nebraska.
He was Q personal and very intimate
friend Of the general, and q week be-
fore the nomination urged the Ne.
braska delegation to vote for him.
Omaha daily bee., 1883-02-01

NICHOLAS NICHoLAEvITCH MIKLUx-
HA-MAKLAY Ia the name of . dis.
tinguished Russian traveller. 1t is
safe to say that he discovered nothing
more remarkable In his travels than
his " name.
Omaha daily bee., 1883-02-01

A yIERcE intrigue Is In progress In
Washington wei who shall be the next
quartermaster general of the army.
Washington without army scandals
would be a dull place.
Omaha daily bee., 1883-02-01

BEN BUTLER has been prevented by
some absurd person with . gavel made
Of wood from the Mount Of Olives.
The present Is supposed to have some
reference to Judas.
Omaha daily bee., 1883-02-01

BRADY proposes to locate In New
York - DOE q the star route trial In
over. From present indications he
will locate In the Albany psnitsntiary.
Omaha daily bee., 1883-02-01
The BEE PUBLISHING CO., Props,
Z. ROsEwATER Editor.

The sceptre has not passed from
Omaha. There Is room for oongratu'
lation in that little fact.
Omaha daily bee., 1883-02-01

GENERAL MAsDERsoN In q native Of
Ohio. The political luck Of Ohio mon
has passed into a proverb.
Omaha daily bee., 1883-02-01

CORRESPONDENCE-An Communi:
atfous relating to News and Editorial
matters should be addressed to the EDITOR
OF The BEE.
BUSINESS LETTERS-All Bushes
Letters and Remittances should be ad
dressed TO THE BEE PUBLISHING COMPANY
,JMAHA. Drafts, Checks and Postofice
orders to be made payable to the order OF
che Company.
Omaha daily bee., 1883-02-01
The Omaha Bee.
rrp,tc nv A

Published every morning, except Sun
sy. The only Monday morning daily.
Omaha daily bee., 1883-02-01

TERMS BY MAIL
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Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1883-07-26
JUSTICE IN A BEER SALOON.

Last night prescriber of compounds
and a gentleman from the rural districts
had a little difficulty in a lager beeI
cellar, which resulted in the medical
man getting his face slapped for hi
abusive language towards the latter
Ihe case was brought before our worthy
magistrate, who, after a preliminary
examination set the case for 10 O'Clock
this morning, but had to postpone it till l
p. m. on account of the nonappearance
OF the prosecutor. When the case was
called this afternoon he was still non
est. One OF our attorneys, who went in
search of him, found him in a state of
lnto1ication and asleep in the same
place where had been the difficulty the
previous night. After a vain attempt
10 bring him into court he gave il up
and reported TO headquarters.
His Honor, who deemed it unwise to
lose his fees or the costs of court by dis
missing the case, came post haste with
sweating brow to the place where the
doctor lay snoring, who, after a good
deal OF shaking was reused sufficient to
ntter an unintelliRible sentence. The
Judge then asked him If be was going
to have the case dismissed and who was
TO pay the Costs, whereupon the other
replied: IL thic) won't pay (hic) a
damn cent (hic)." The Judge there.
upon returned to the courtroom and
made the defendant paw the costs.
Should not this worthy magistrate be
rewarded for his pains!
G. MADISON, Defendant.
Seattle, July %.