Omaha daily bee., 1889-04-03
RIGHTS Oh PAPER RAILROADS
A Question of Considerable Inter-
est to the State at Large.
THE ATTORNEY GENERALS VIEWS
A Complaint From the Citizens of
Hitchcock County Against the
Republican Valley ~ wy
oming Company.
LINCOLN BUREAU OF THE OMAHA Bss, !
n,

LINCOLN, April Q.
w. p. Brickley, editor OF the Palisade
Times, representing the citizens of northern
Hitchcock county, appeared before the at
torney general to-day to see what could be
done to compel the incorporators of the Re-
publican Valley & Wyoming railway com.
pany to complete the graded road connect
ing Culbertson and Holyoke, Colo. Mr..
Brickley represents that the citizens OF Pal.
iside and northern Hitchcock county gen.
orally have reason to believe that the grade
of this road was made to keep out competi-
tion. just previous to the survey aud COM
mencement of the grade the Rock Island
was breaking for this territory, and has
since given assurances that it would tap this
| portion of the state If right Of way
| could be obtained that would stay
| competition in the early stages of its de-.
| velopment The conclusive reason is given
| that the country will not sustain two roads,
or even one, for some years to come: 1t is
| stated that the Rock Island will make the
| hazard and will build, equip and operate a
| road from Norton, Kan, TO Denver or Chey-
| ennc. providing the grade of the Wyoming
| is forfeited or exclusive right of way given
| until the country will bear competition. 1t
| is urged that the Burlington, through its
| employees, Mcssrs. Holdrege. Dorinan, Hg-
| gins, Taylor and Eustis, incorporated and
| graded the road simply to hold the territory,
| and that the road will be kept incompleted
| and imperative until the country will sus-
tain road to the liking Of the incorporators
of the granted road. This, the citizen
| Brickey was sent here to represent, hold to
| be unjust, and they propose to best the
| legality of paper railroad If nothing else
| will do.
The attorney general says that the rights
| of the people in that portion of the state will
wholly guide his actions in. the matter. 'If
| the incorporators refuse to lay the track and
| operate the road within reasonable time"
| he said, 81 shall commence an action in quo
| warranto before the supreme court to dis
| solve the corporation The law, as l under
| stand it, gives pure paper railroads no
rights ana they are certainly entitled to
none. have written Mr. Holdrege and set
J the representations Of the citizens of Pals
ade clearly before him, and will give him
| sufficient time to answer before take action
| in the matter, but it has been agitatcd for
| some time, and decisive action can not be
! put off much longer"
Important Papers of Record.
The articles of consolidation of the Omaha
Cable TramWay company and the Omaha
| Horse Railway company were filed in the
| Office of the secretary of state to-day. The
| articles recitc the nature and object of the
| separate corporations, and give conditions
| of the consolidation at length. The agree
ment was entered into on the 1st day of last
| January ana the name of the Omaha Street
| Railway company agreed upon. Article 3
| fixes the authorized capital stock of the COM
| pany at S4000,000, which is divided into
| 10000 shares Of 500 each. 1t is stipulated
| that the stock shall stand in lieu of the stock
of the constituent companies on
| the full surrender thereof; for
| that purpose the respective holders
| of stock in the separate companies hold an
| equal amount of consolidated stock at par
value. The name of the company ls an index
| of its object and purposes, which, by the
way, has been given in detail by THE BEE
| heretofore.
The Ogalala and North River Irrigation
and Water Power company also filed arti
cles Of Incorporation this dyy. The purpose
| of the company IS to construct and operate
| canal for water power, irrigation and water
| works for country towns and villages along
| the line of the canal and its terminus.
| Ogalalla, Keith county, is the principal place
for the transaction of business. The trend
| of the canal will be from the vicinity
of Camp Clark, cheyenne county,
minating at or near the town
| fixed upon as the principal place of business,
| and it may be extended from there if circum-
| stances and conditions are found to warrant
| it. The authorized capital stock is 80 900, 600.
| Following are the incorporators: H. l..
| Gould, G. E. Thompson, H. l.. McWilllams,
| E. M. Day and h. M. Searle.
| The Chicago, Kansas & Nebraska railway
| company filed a resolution accepting the pro-
| visions of the legislature of the state, en-
| titled, An act to enable foreign corporations
| to become domestic corporations, which was
! approved March IS and became law; and,
in accordance with the resolution. this com
pany will seek Incorporation under and in
| accordance with the laws Of the state at an
| early date This resolution was filed for
| record to-day.
| Lincoln's Municipal Election.
| The polling places for the election of Of
| ficers for the city of Lincoln were opened
| this morning at Q O'Clock. Excitement ran
nigh in many of the wards all day long,
| especially across the Antelope IN the Sixth
| ward, where II. A. Stevens and a. p. Mar
| tin were arrested last week for illegal voting
| at the primary election. But generally,
| good feeling prevailed and not u scrap" of
| any kind has been reported at any of the
| voting places. warm time was expected
| in the Fifth ward, but the boys were as cool
as "old sojers" out that way. Bushnell was
scratched somewhat, but no one questions
but what he will be elected
by. a handsome majority. In the
many republican black balls, but his friends
claim that they will be fully counterbalanced
by democratic votes AS between Graham
| and Skinner for mayor it is only n question
| of majority. AT noon to-day Skinner admit,
| ted that he would be beaten by 800 votes, but
the chances are that Graham will beat him
| by twice that number OF votes. 1t has been
| demonstrated at this hour that prohibition
| lists ana democrats don't mix well,
The labor party seemed to stand together
| remarkably well. The vote, however, will
| tell the whole story and emphasize the earn
| estness of the boys at the polls for their par
| ties as we'll as their fayorites.
| I,hc SUIT herland-M Complaints.
| The state board of transportation goes TO
| Tekama, Burt county, Thursday To hear
| the complaints of Senators Sutherland and
| Manning, which were entered TO secure, If
| possible a reduction OF freight rates on ship
| ments Of coal and 1--we stock oyer the various
| railway systems operating in the state. II
| is intended to strike at local distance tariffs
| in the consideration of the issues of this
| hearing, and ii is understood that If reason.
| able cause is shown for lower rates, without
| action on the part Of the board, an effort will
| be made to compel the board to issue orders
| of reduction by mandamus proceedings be'
| fore the supreme court This trial promises
| TO become binding before IL has done, and
| the outcome will be watched with almost as
| much interest as the famous reduction order
| of July s. 1888, which came 10 naught. The
| new board of secretaries will appear as pub
| lie officials for the first time at this trial.
Supreme Court Proceedings.
Holloway VS. Schuley, Motion 20 quash
| bill of exceptions sustained.
Heron VS. Temple. Dismissed.
| The following causes were argued and
| submitted: State ex rel. Chemical Ma
| tional bank vs. School District Q, Sherman
| county, on demurrer; Scharr VS. Barnd;
| Coleman VS. Scott; State ex rel. Lincoln
| Land company VS. Edwards; Walker VS.