Omaha daily bee., 1903-02-24
Supreme Court Afirms Decision in the Rock
Island Case,
.EMASCULATES PUBLIC BUILDING BILL
senate Uses the Pruning Knife or
the Measure introduced I'm the
House by MERGERS Com
mittee.
tFrom a stan Correspondentl


States in the case OF Frank n. Prout, At
torney General OF Nebraska. appellant,
versus James c. Starr, Samuel w. Allerton
and the Chicago. Rock Island & Pacific
Railroad Company. The case invloves a
suit instituted by the state Of Nebraska
March 10. 1900. to recover from The rail-
way company $4,000 as penalties for vio-
lations of the maximum freight law Of Ne
braska which went into effect June 8, 1898.
fixing minimum rates for the transportation
| Of freight upon railroads in Nebraska, re-
quiring carriers to reduce their charges
to limits prescribed by statute, and inn
posing penalties for violations of it's pro-
visions. The decision which was affirmed
was adverse to the state.
Cuts Out Appropriations.
The senate today passed an omnibus
building bill. but it makes the house bill,
which is still on the calendar. look like
a past participle. The measure passed
substantially as reported to the senate by
Senator Fairbanks. The house bill re-
ported by Representative Mercer contained
considerable pap" in the way of new
Legislation, and Immediately after it's pro-
visions became known there we're protests
among the guardians Of the treasury Of
the popular branch of congress and its
| managers decided IL best to permit the
| senate committee to deal first and cut,
| trim and emasculate at Will. This program
was carried into effect and many cities
whose representatives on the house side
| gained recognition for appropriations for
sites for new public buildings are left out
in the amended bill as amended and
and adopted by the senate.
The public building bill as passed by
the senate will have the sanction OF the
leaders Of the house and pars that body
this week The bill as reported to the
house by Representative Mercer, called for
an appropriation Of $4,000 to purchase
sites for York and Grand Island and also
IS 900 each for sites for postofices at Web
ster City and Mason City, la. The senate
struck these items out in spite of the fac
that Senator Dietrich and the senators from
Iowa were most persistent in urging their
adoption.
| Lincoln Gets In.
The senate retained the house item rela-
tive to the public building at Lincoln, Neb
The new federal building at Lincoln Is
scheduled, under the bill passed today, to
cost $3.50. 900. 1t also provides for the sale
of the present postofhee to the city OF Lin
i coin at prtce not less than $4,000,
+ The amount OF the APPROPRIATION for the
federal building at Council Bluffs is in
creased from $247 ,s47 to $25S.S47. The sec
retary of the treasury is authorized to
purchase a tract OF ground lying imme-
diately west of the ground now owned by
the United States. The ground authorized
TO be thus purchased is thirty-seven feet
wide and extends south from Broadway to
the alley and the secretary is not permit
ted to pay more than s6,0 900 for this strip Of
realty.
The senate bill also provides for the ex-
penditure Of $4,000 for the erection Of a
postofice, courthouse and land ONCE at
Pierre, S. D.
The appropriation for a public building
At Yankton was increased by the senate from
$50 900 to $4,000.
A provision is also made to increase
the limit Of cost of the public building at
/ Centerville, Ia, to $4,000.
A paragraph in the senate bill also car
ries $4,000 for new building at Evanston
wyo.
Ask Place for Mercer.
While today was to all intents and pur-
poses a holiday for average citizens Of the
district of Columbia, President Roosevelt
and congress worked overtime, so to speak.
The president had really buster day than
usual. and his congressional callers were
even more numerous than for some time.
A delegation from the house of representa-
tiyes was on hand bright and early, repre-
sentatiyes from twenty states to ask Mr..
Roosevelt to give a good position in the
Government service to Representative
David H. Mercer, who is about to retire
from the house after long service there.
Representative Burkett Of Lincoln pre-
! sented the name Of Mr. Me-cer to the pres
ident, requesting that the outgoing con-
qressman from the Omaha district might
he given something equally good in
point OF salary, at least, as that OF con-
| gressman.
President Roosevelt replied jocularly that
II the needs OF Nebraska were TO be con-
sidered as taking in a territory from Mary
land TO North Dakota, there should be nc
special dlficulty in landing good Job fol-
somebody
Representative Burkett replied that he
did not want any appointment which might
be graciously given to Mr.. Mercer to be
charged up against the general political
patronage pot of Nebraska.
The president said that he generally sup
posed that when an appointment was sought
on behalf OF any citizen OF a sovereign
state he generally concluded that state
would be willing - have such appointment
chargeable to 1t.
Representatives sibley. Lacey, Cushmar
and Cromer made speeches commencing
David H. Mercer, but really beyond a sort
of general Jolly the president gave no in
dication as to what he may think of the
onslaught upon him by Mercer's friends.
The committee was quite modest in max
ing suggestions TO the president, merely
naming such good things as the appraiser
, ship at the port Of New York. a position
. on the Isthmisn Canal commission, as
sociate justice Of the suSSeme court of the
; District Of Columbia and a justiceship on
the court Of claims. The committee prob
ably could not think, on the spur OF the
moment, of any other vacant places Mercer
could be induced to accept.
Favorable Report on Rosebud Treaty.
! Senator Gamble today secured a favorable
report at the hands OF the committee or
Indian affairs on the amended treaty tc
open up a portion Of the Rosebud agency
TO settlement.
The South Dakota delegation called upon
! Speaker Henderson today regarding the
Rosebud treaty and urged upon him the
; Importance OF permitting the amended bill
. to come up. Il Is believed that under the
: terms OF the bill today reported TO the
senate whfeh are identical with those OF