Omaha daily bee., 1909-05-15
Roads Must Put New Rate in Effect
July 1 for Two Years.
CHARGE IS HELD UNREASONABLE
Reparation is Awarded in This and
One other Case.
ALL1NGER RULES FOR SETTLERS
Evidence of Good Faith by Entrymen
VIII Govern with the Successor
of Garaeld, whose Ruling
Was Very strict.
1rrnm a stnff correspondentl

WASHINGTON. May 14--(Specal Tele-
gram )-Interstate Commissioners Clark to-
day rendered an opinion In the case OF tie
complaint made by underland Bros. Of
Wausa Neb., alleging excessive rates were
charged by the Chicago & Northwestern
and the Chicago. st. Paul Minneapolis &
Omaha railways on a carload shipment OF
sof coal from Christopher, H., to COM
plainant. in which the rate charged, $50
per ton. is found to be unreasonable and
a rate Of $40 per ton is prescribed and
reparation awarded. An order for repara-
ton in the sum of $6S.75 and interest will
be entered against the defendant railroads;
and, further, these roads will be required
to establish on or before July l. 1903, and
for period Of not less than two years
thereafter to maintain a rate not to ex-
ceed $40 per ton on shipments of bitumln-
Gus coal in carloads from Sterling. Ill,
to Wausa, Neb.. when such shipments
originate at Christopher, Ill.
Commissioner Clark also found for COM
plainant, William ]. Diehl, doing business
as the Capital Pine company, in his
case against the Chicago, Milwaukee &
St. Paul railway, holding that rate of l6
cents per 100 pounds on sawdust from Du-
luth to Andover, s. D., is unreasonable to
the extent that It exceeded 12k cents, and
reparation was awarded.
BalIinEer FavOrs Settlers.
In a decision in the land contest of
Mitchell against Moon, involving home
stead claim in Lyman county, South Da-
kota Secretary Balllnger has, IT is said by
those who have been following such deci-
sions closely, revered the policy Of former
Secretary Garfield as to the requirement
that entrymen shall reside continuously on
the land. In this case the entryman had
been on the land for about fourteen months
during the last eight of which he had made
some improvements and started cultivation
going on his claim probably three or four
times week The contest was sustained
by the local officers and the commissioner
of the general land office on the ground of
non-continuous residence. The secretary.
however reversed the decision of the lower
officers and dismissed the contest. He
stated that, while the residence and cul-
tivation Of the entryman probably would
not be sufficient to permit acceptance OF
final proof It was sufficient to show good
faith on the part of the entryman, and
contest against the entry could not he sus-
tained on the ground of abandonment
Under the Garfield administration in the
Interior department entrymen were re-
ouired to reside continuously on their hold
Ings and the smallest detection from that
rule. it is said. was held TO be sufficient
ground for cancellation OF the entry.
GuIIibIes Saved from SwindIers.
Representatives Martin and Burke of
South Dakota have been reasonably busy
lately keeping some of their constituents
from sending money to Spain to secure
mart of an alleged buried treasure This is
the old Spanish swindle about which the
state department has issued frequent warn
ings. and those in charge of 1t have ben
working in South Dakota recently. In at
least two cases the South Dakota con-
eressmen have saved money for persons
who received letters from the operators of
the swindle.
More Land Wanted.
Representative Burke has introduced
hill providing for the opening of about
10000 acres of land in the Rosebud reser-
vatisn in South Dakota, lying in Meyer
and washabaugh counties. north of the
tenth standard parallel Under the terms
of the bill the land is TO be examined and
appraised and disposed of by the lottery
system at not less than the appraised
value.
Congressman Burke received letter from
the geological survey stating that geologi-
cal examination OF Standing Rock and
Cheyenne River reservations, covering
about 100000 acres which have been ceded
by the Indians, will be completed by July
10 There is reasonable assurance that the
registration for these lands will be held
this fall and, that drawings will occur
early next spring.
MngOOn Goes Abroad.
Ex-Governor Charles Magoon OF Cuba
was at the capital today to say goodbye
to Senator Burkett and other friends u
congress and left on an afternoon train
for New oYrk. from which port he will
sail on Monday for Antwerp to travel
through Europe for the next few months.
Governor Magoon. on the advice of his
physician, will take the waters at Neu-
helm, and after course Of treatment there
will visit Italy and the Riviera, returning
to America late in September.
In all probability Postmaster General
Hitchcock will be IN attendance at the
meeting Of postmasters Of Nebraska TO be
held at Lincoln June s, 9 and 10.
General Traffic Manager Of the Union
Pacific John A. Munroe of Omaha. who
has been In Washington on matters con-
nected with the Interstate Commerce com
mission. left today for New York City.