Omaha daily bee., 1902-12-18
CONFER ON A LEASING BILL
Cattlemsn and Nebraska Delegation Work
ing on the Details.
RAILROAD CASE IN THE SUPREME COURT
Company Challenges ConstitutfonaIity
OF Nebraska Law ON Damages as
interpreted by the state
Court.
CFrum a stan Correspondent.,

gram. am.)-Representatives Of the Nebraska
stock Growers association had an ex-
tended conference tonight with Senators
Dietrich and Millari and Representatives
Burkett and ShallenberEer over the new
Leasing bill, applicable only to Nebraska
which II is believed by cattiemen will solve
the much vexed question growing out ar
the occupancy of the public domain. Chair
man Lacey OF the public lands committee
who has held pronounced views on the
question Of leasing public lands to cattle
barnns for grazing purposes. was also pres
ent. The bill. which is the result of many
conferences between representatives of the
government and cattiemen, provides for
ten years lease on public lands. the MAXI
mum Of leasehold being thirty sections
or 1900 acres. to be divided into six
classes and to rent from 1 to cents an
acre per annum. The bill also provides
for the leasing OF lands contiguous to free
gold, SO as to give the largest range pos
sibie for cattle owners. 1t provides that
half the proceeds from the lease shall be
devoted to irrigation, one-tourth to Ne
braska and one-fourth to the county. In
view Of the character OF the territory rep
resented by the Cattle Growers association
1t is claimed that IL requires thirty acres
to feed one steer and consequently thirty
sections iH not disproportiOnats to the in
terests Of the particular section.
Senator Dietrich suggested a very similar
measure early in the last session Of con-
gress
The committee Of cattIemen had an in
terview with Secretary Hitchcock to-day, at
which II was suggested to get the Nebraska
delegation together ON a proposition and
tonights conference was the result. Toward
the close Of the conference Representatives
MOndell Of Wyoming and Moody OF Oregon,
who are largely Interested in this ques-
ton. entered the conference to urge that
Nebraska take the initiative in the PROPOSE
ton TO lease the public domain for cattle
grazing purposes. At the close Of the con-
ference it was decided to hold a further
meeting OF the Nebraska delegation. at
which time one member would be selected
to Introduce the measure.
James A. Kline of Minden. national bank
examiner. is the guest OF W. &. Andrews,
auditor for the Treasury department.
BurISett Names Cadets.
Representative Burkstt today named W.
c. Cook OF Lincoln and Elmer p Drake of
Pawnee City as alternate cadets to the
military academy at West Point from the
First district Of Nebraska.
Railroad Case In supreme Court.
The Chioasas Burlington q Quincy Rail-
way Company against Kate G. Wolf. ad-
ministratrix of John F. Wolf. deceased. APP
pealed from the supreme court OF Nebraska.
was argued In the supreme court today. ].
W. Deweese appeared for the railroad COM
pany and T. ]. MahOney of Omaha for the
plaintiff. This action was brought by John
F. Wolfe in his lifetime to recover dam
ages for the loss Of a foot caused by be-
ing run over by Burlington car. The ques-
tiun involved in this case is whether the
Nebraska statute. as constructed by the Ne
braska courts. is repugnant to the consti-
tuition of the United States; whether a rail-
road company is absolutely liable for in
iuries sustained by passenger without any
fault of the company, not only without any
fault OF the company, but when injuries
we're caused by fault of the passenger in
iured.
Wolf was a passenger aboard a train on
December 4, 1894, from Oxford to Holdrege,
and was thrown from the train and fell in
such a manner that his left leg and foot
we're run over He sued for $50 900 damages
and secured a verdict for $S, 900. and at the
same time the court made a special fnding
Of fact in response to certain questions az
to whether the train at the time Of the &C.
cdent was being run in the ordinary way
On the general and special verdicts returned
by the Jury Judgment was rendered against
the railroad company, and on appealing to
the supreme court of the state. that court
held that the railroad company, by reason
of the Nebraska statute was absolutely la
Bile for injuries received by passengers
while riding upon railroad trains. and this
liability existed without any fault or wrong
on the part OF the railroad company.
AdiudicarinE shoshone Claims.
Senator Clapp MINI today introduced
bill referring to the court of claims the
claim Of the Shoshone Indians to title in all
Of the Wind River reservation in Fremont
county, Wyoming. II was provided by
treaty. dated February "a. 1869. 70 set apart
the ShoshOne or Wind River reservation for
the absolute and undisputed use and occu-
patton OF the Shoshones. In 1877 the Sho-
shones gave their consent that a band OF
Northern Arapahoes should be removed TO
their reservation as their temporary abid-
ing place This band OF Arapahnes has re-
maiued ever since and now claim TO own an
undivided one-half interest in the Shoshone
reservation. The ArapahOes have by au-
thority Of the United States. but against
the protest OF the ShoshOnes. received one
half Of all the proceeds derived from graz
Ing leases, from the sale OF the Big Horn
hot springs. formerly part Of the reserva-
ton and Of all other money as proceeds
from the Shoshone reservation. Therefore
as the ShOshone tribe Of Indians claim to
own the Wind River reservation in its en-
tiretv and TO be entitled 20 all proceeds
derived from grazing leases and the sale OF
the Big Horn hot springs, jurisdiction Is
conferred on the court Of claims to hear
and determine the claims Of the ShoshOnes.
Logan for Postmaster AT Ponca.
J. H. Logan was today recommended for
postmaster at Ponca, Neh.. by Representa-
tive-elect J. J. Mccarthy. The papers we're
transmitted 10 the PostOfice department by
Senator Millard, with a favorable recon.
mendation.
Senator Millard. Miss Millard and Mrs.
W B. Millard were guests Of Senator ana
Mrs. Scott at dinner last evening.
Hoot Asks for Money.
Secretary Rnat tndav ssnt "a congress =
supplemental estimate for appropriations
to be expended al Battle Mountain sani-
tarium. South Dakota Mr.. Root urges an
appropriation OF 500 0O0 for the completion
OF The sanitarium in accordance With plans
adopted az a meeting of the Board df Nam
ayers OF soldiers homes in Washington a
week or more ago He also wants an an