THE OMAHA DAILY BEE : SUNDAY , FEBRUARY 4 , 18IM-SIXTEEN PAGES.
MEET EVERY CHARGE MADE
Answers to the Ives Petition for the Re
moval of Northern Pacific Receivers.
EXHAUSTIVE REPLIES HAVE BEEN MADE
] I Dctilo * tlnit Hn Witn n I'nrtncr In or
1'rofltiMl hy Any of tlio DrnliJ
A Htntrtiirnt of the " "
Cine.
MILWAUKEB.Fcb. 3. Thcr o wcro filed
today by the Farmers Loan & Trust com
pany , Sheldon it Co. , P. D. Wltuton and Re
ceivers Oakcs ( Hayno and Rouse In the
circuit court of the Uultcd States In Mil
waukee , six separata answers to the Ives
petition for the removal of the Northern
Paclfio receivers. The answers present
exhaustive replies to every charge made
nnd cojiprlsu over 500 printed pages and
are accompanied by documents and proofs ,
In alt making 210,000 words. The answers
not only meet all specific charges , but oven
explain and refute tnero Insinuations. Not
a point la loft unanswered. All technical
objections to tlm petition on account of
ambiguity and vagueness have boon waived.
The receivers have , with frankness , laid all
the facts nnd circumstances of the cntiro
subject fully before the courts with
.numerous affidavits and other evidence In
support of their denials. It Is shown that
the branch line policy originated during the
Ives-Harrls administration , aud the re
ceivers bring proofs to show that by reject-
int ; branch line leases they have saved more
than ? l,000,000 per year. The receivers have
already paid ? 5.000,000 preferential debts
and abont iOuO,000 , Interest , with important
economies in operation ,
Mr. Oakfls answers every charge specifi
cally , filing exhaustive documents and
proofs. Mr. Ralston scores his accusers and
refutes every allcgiitlon.
Mil. OAKES' DENIAL.
In his answer Mr. Oakes specifically
denies that ho was a partner In or profited
by the construction of any of the lines or
guarantee of any of tbo bonds of the same
and courts the fullest Investigation , nnd ho
also denies that the directors profited
thereby. Ho shows that under his manage
ment the gross earnings were increased
from $1S,000.000 to $24,000,000 until there-
cent extraordinary depression , which solely
caused the bankruptcy of the company. Ho
reviews the history of the purchase ; or lease
of the following railroads : The United rail
roads of Washington , tlio Spokane & Palouse ,
the Rocky Fork .fcCooko County , the Seattle.
Lake Shore & Eastern , the Northern Pacific
& Manitoba and the Chicago & Northern
Pacific. The answer shows that they
were necessary for meeting competition
nnd controlling the .business and pro
tecting the territory. The Northern
Pacific directors and stockholders
unanimously adopted this policy in 1881 , ro-
adoptcd It in 18SO and in I860 ; that pursuant
tn this policy from time to time , bruncn
roads wcro constructed or acquired to moot
particular exigencies ; that in each instance
the subject was carefully examined , referred
to special committees , reported upon by
various departments to the bo.ird , nnu that
all of the twenty-throe branch lines now in
operation ( with the exception ot live ) were
commenced or authorized by the Ives-Harris
board , that now complains of the same , and
that tbo responsibility for the prosecuting
of this policy of branch line building Is laid
on thoIves'-Harris board ; that the acquisi
tion uf thoHjrunch lines was u necessity In
railroad management and , upon the whole ,
beneficial to the system. Each branch line
complained of m the petition is ex
haustively treated , and all the facts
and figures are fully shown. The
branch lines constructed or acquired
during the period Mr. Oakes was a director
furnished business to the Northern Pacific
'Company of over § 4,000.000 , ormore than one-
half of the entire revenue derived by the
-Northern Pacific Railroad company from
Interchanged business with all Us branch
lines. The Central Washington. Great
IJivor & Northern , Spokane & Pulouso and
Northern Pacific & Manitoba roads all were
constructed or their construction provided
for under the Hurrls-lvos management.
On the Spokane & Palouso the business
last year exceeded fJiGO.OOO , the not revenue
from which paid all the Interest on the bonds
issued on account of the extension. The
Green River & Northern was authorized by
the Ives-Hurris board of directors.
DIRECTORS INTERESTED.
The answer shows that no director was
interested in the construction of the United
railroads of Washington ; that they cost the
total amount of bonds issued thereon , nnd
that no profits were made In their construc
tion.
tion.Tho
The answer shows not a cent of money was
paid llio Oregon & Transcontinental com-
par.y for Its services In purchasing the
Seattle , Luke Shore & Eastern , Four di
rectors of the company woro-intcrosted In a
syndicate which owned nnd controlled the
Hooky Fork mines and railroad ; that they
purchased the stock of this company and
made a contract with the' Rocky Fork com
pany for COO tons of coal per day for 00 ycncs
nt J-.50 per ton. wlthiccrtain rebates. The
answer shows that for the fiscal year end
ing Juno 30 lust the company saved by vir
tue of said contract over $1,000,000 , or a sum
equal to about $1,000 a day.
Aa to the Northern Pacific & Manitoba , eras
as to the acquisition of the stock and bonds
of that company , the auswer shows that a
syndicate was organized by Mr. Villurd to
construct this road , but that ho had.no per
sonal Interest In It. The entire road , In
cluding tormina ! properties , cost overSo.lKX- )
000 , and the profit for tlio year ending Juno ,
Ib03 , was over fclOO.OOO.
As to the Chicago terminals and the Wis
consin Central lease , the answer shows that
bo faro the lease or any trafile contract was
enteredinto the value of the properties was
thoroughly and carefully examined by Inde
pendent experts , not only representing the
company , but representing bankers who ex
pected to make largo investments in the Chicago
cage terminal bonds : that these exports uni
formly placed the value of the leased proper
ties largely In excess of the valuqon which
rental was paid under tlio leases ; that the
Jvus-Clows report of last year placed the
Taluo of the Chicago terminals at about
? 2S.000,000. } whllo they were ncqutrpd under
-t-lijasoby thu Northern Pacllloon a rental
value of about $18,000,000 and that ho , Mr.
Onked , hud no interest , direct or Indirect , In
the acquisition and control of these proper
ties. .
WHO , HTAHT WOUK SOON.
In 1'orty l ) yn Construction of tlio North
& South Itoiul Will 11 IICRIIII.
TOPEICA , Fob. ! ! . The projectors of the
North & South railroad scorn to have struck
n bonanza In Texas. Chairman Close , who
is also Governor Lowolllng's private sec
retary , returned today from n two
"weeks tour In Galveston and southern
. Texas In bcbaif of the proposed antt-monop-
ely ro.ul. In a talk on the subject this
afternoon Chairman Close said : "Wo will
actually begin on the construction within
ffirty days. The Port Uollvor Townslto
company has given us the half interest in
i,800 acres of land , providing wo maka that
i.ovt the terminus of the road , which wo
Imvo decided to do , nnd as soon as fifty
miles snail have been built the cltizon.1 of
u Galveston will glvo us f500,000 , and wo have
had offers from tOMfiis all along the line of
the proposed road.
"Port Holtver Is across the harbor from
( lalvostoii. A to.vn about forty miles north
of Port Deliver has promised all tbo tics
necessary for fifty miles construction pro-
vUllnjr wo run the road through that town ,
nnd In audition to this gift they will put up
150.000 In cash. The fifty mlli-s of road that
will bo built at oncu will connect our line
with tl\o \ Southern Padfiu and will give us a
connection with other lines until wo can
push our line farther north. "
Hilmom of u l\\g \ Tool.
LONDON , Fob. 3. The report that a big
pool had been formed on this sldo of thu At
lantic by the different steamship lines was
Investigated today by the Associated press.
Iu tin Interview by a reporter with ouo of
the leading lines , the , officials said
Uio statement wis incorrcnt BO far
as ito Untish steamship Hues
wcro concerned. But , ho added , the
continental lines have already completed ar
rangements to pool thair Atlantic passenger
traffic earnings and nro negotiating to pool
the earnings of their freight business. It
was added by tbo Liverpool steamship line
officials that the British companies are
likely to conclude an nifrccmont with the
continental lines vrhluh will diminish compe
tition.
'Trnnnenntlnrntnl Unto Problem.
CHICAGO , Fob. 3. The commlttco which
has been laboring at the transcontinental
rate problem today announced that it must
have moro tlmo iu which to complete its re
port and an adjournment of the Western
Passenger association has boon taken until
Thursday of next week. The rates now In
effect will remain without change until after
the meeting. Moro charges of demor
alization of business have boon brought
against the Union Pacific. This
tlmo the accusation Is In connec
tion with the emigrant business. The
Union Paclfio was nnvcr a party formally to
the establishment of the clearing house In
Now York , but it gave tli3 old lines positive
assurances that it would not attempt to
disturb the clearing house In any way. 'It Is
now charged that It has boon paying larger
commissions than allowed by the agreement
and resorting to other means of securing the
business , which are contrary to the assur
ances It made when the clearing house was
started. A meeting of the clearing house
advisory committee was held today , but no
dcflulte action was talon.
ALLEGED BURGLARS.
Men Atcmcd of IlmliiK I'liinneil to Itoh
n I'liiiiiil ry.
After the regular grist wus over in police
court yesterday thu cases against Button ,
Clark and Overton were called for trial.
Each defendant Is charged with carrying
concealed weapons and having burglar tools
In his possession. Attorneys represented
each of the prisoners and Assistant Cout-ty
Attorney Day presented the case. These
men wcro arrested last Sunday night for
alleged conspiracy to rob a Chinese wash
house nt ---1 Cumin ? street.
SergcantofPollcoW.il. Snoop testified
that he received a tip of the proposed raid
and shadowed the thloves when they met
at the postofllco last Sunday noon to com
plete arrangements. The gang was to meet
that night at Twenty-third and Hurt streets
and make a descent upon the unsuspecting
Celestials. Snoop and Haze lay In wait at
the comer and thu insldo of the laundry was
guarded l > y four detectives. Button and
Clark passed the corner on tlmo and headed
toward Cumliiy street , followed by the
ofllcers. These two prisoners went to the
front door of the laundry and looked in and
turned away. The sergeants were afraid
their came would gut away and made the
arrest at onco. When searched each man
had n revolver. Clark had a file , n pair of
blacksmith's pinchers and a bottle of chloro
form.
Continuing , the witness said that ho had
talked to the men In thu sweatbox and the
use of the tools hud been explained. The
file was to shove in over the latch In the
door so it could not bo opened and the pin
cers were for opening the trunks , where the
money was supposed tn be kept. A llttlo
chloroform was taken along to put the Chi
namen to sleep. Clark said that Button put
up the job and that he went along to see if
the gang passed any counterfeit money.
According to Sergeant Snoop's testimony
the prisoners made no attempt to enter the
laundry ; all they did was to look in the door
and turn awav.
Detectives Dunn and Hudson wcro two of
the officers concealed inside. After the ar
rest of Clark and Button they went down
Twenty-third street and mot Garlic and
Overton ami. arrested them.
George Garlic , the man who gave the tip of
the intended raid , testified and told about
meeting Overton , Button aud Clark at the
postofllco to talk the deal over. At
Garlic's request the raid was post
poned. Clark , according to the witness , was
thu man who proposed and planned tno rob
bery and had procured the tile , pincers and
chloroform for the uses alrendv stated. Gar
lic said that Clark had asked him confi
dentially what his opinion of Button was , as
Clark was afraid ho would not "stay" In a
fight. This witness was cross examined by
the attorneys , but no new tcstimoay
developed.
Overton was discharged on the charge of
carrying burglar tools and was at once rearrested -
arrested for carrying concealed weapons. Ho
was fined $13 and costs. The hearing of
Clark and Uutton was continued until Mon-
flay.
- GRANDMOTHER TAKES IT.
Troulilu llutwocii JMr. and nir * . Fox Over
Their Child Is Bottled.
At n session of the county court , hold
yesterday afternoon , Judge Baxter demon
strated that as a pourcr of oil upon troubled
waters , and as n settler of domostio jars , ho
stood without a peer. .During the forenoon
both tUo county , the police and the district
courts wore nearly swamped with petitions ,
writs of habeas corpus and warrants in the
Fox case. Some of thosodocumcnts charged
ono thing and some charged another. Law
yers saw fat fees in sight , whllo the hangers-
on around the respective court rooms smiled
nnd grew fut whllo they thought of the sala
cious testimony which they would hoar
when the cases to try the differences between
George J. Fox and his wife , Jessie , wcro
called.
The case instititutod in the county court
was on a writ of habeas corpus by the
mother to gain and hold possession of Ethel ,
the U-yoar-old child. In addition to this
there wits a criminal action In the police
court and an injunction in the district court.
In the afternoon the habeas corpus case
was called into the county court , where n
lot of dirty linen was aired until after 0
o'clock , with a prospect of the trial running
Into another day. Mrs. Fox had testified
that she was willing to take thu llttlo child ,
which was the none of contention , nrnl give It
a homo with her nnd her husband on'tho farm
near Herman , Washington county. The
father had testified that such an arrange
ment would bo satisfactory to him , 'and Mrs.
Rose , Mrs. Fox's mother , stated that she
was ready to take thu llttlo ctrl. Tills-
brought matters to a climax. Judge Baxter
stated that ho had a mind to enter an order
turning the child over to Its grandmother.
Both husband and wifu agreed and then the
order waa entered of record , with the
further agreement that all proceedings
would bo dismissed , each sldo paying the
costs which it had Incurred.
BY A BABY'S COUGH.
Trivial Incident Which Sn\eil u House from
Destruction by Fire.
Yesterday at 3:15 : a.m. a lamp exploded In
the house of Alfred Jones , 815 South Twonty-
Hocond street , caused quite a lively blaze for
a few minutes and It might have been a
serious affair. The family retired at the
usual tlmo , leaving the lamp on the table
In the dining room. The customary precau
tions were taken for Its care and all was
supposed to bo In a safe condition.
About 3 o'clock Mr. Jones' baby started to
cough , but as It had a cold , llttlo attention
-was paid to It ut first. Still the coughing
was kept up and Mr. Jones we.nt to get
HOinethlng to check It. The door to the din
ing room was the first ono ho came to and
the Einoko Issuing therefrom was
suffocating nnd ho was nearly overcome by
it. Then ho felt the carpet burning under
his feet , and upon closcy search found that
the lamp had exploded , had saturated the
carpet and was burning furiously. Ho at
once turned In an alarm and tlio fire was ex
tinguished , All the furniture in the room
where the explosion occurred was destroyed
The loss will bo $200 , without Insurance ,
Uliunoml Thief Captured ,
NEW YORK , Fob. 3. A telegram was
received attho office of the Plnkorton Do-
tcctlvo agency from Hot Springs this mornIng -
Ing containing the information that Fritz
Dhlem , a notorious diamond thief , had just
been captured In that place by Plnkcrton de
tectives.
The news was sent to the office of the
Jewelers' Protective bureau and there waa
Rreut rejoicing over It throughout Maiden
Lane. The Plnkcrtons do all the work for
the Jowelura' Protectlvo association and they
have been hunting for Dhlcm since Novem
ber , ISDl.whon he stele $160,000 worth of
diamonds In Dayton , O. , from R. H. Kranlg ,
a salesman for tbq Sherman-Keck Manufac
turing company ot Cincinnati ! .
GULF ROAD PLAYS TRUMPS
Causes a Considerable Change in the Union
Pacific Situation.
HALLETT RESTRAINS THE UNION PACIFIC
Interesting Development * r.oiiked for When
the Juilgi'sof Colorado mill Wyoming
Tulio Up the Wngo Schedule
Dnlngx In Itiillronil Circles.
The unexpected restraining order of Judge
Hallott of Denver , formudlng the Union
Pacific from ceasing Its operation of the
Julcsburg branch , pending consideration of
the claims of both sides , considerably
changed matters about Union Pacific head
quarters. Time cards were ready for distri
bution and all the arrangements made for
abandoning the road today , but Judge
Halloa had n trump cant concealed about
his clothes and ho played it for all it was
wortn.
The ease will bo argued Tuesday , Judge
Hallott having asked Judge Ulnor of Chcy-
cnnotoslt with film in the hearing of the
case. It Is inferred from a telegram ie-
celvcd Friday by General Solicitor Thurs-
ton that the wage schedule will bo taken up
after the completion of thuho.irlug , and the
petition of Frank Trumbull , receiver of the
Union Pacific , Denver & Gulf , calling upon
the Unlou Pacific to pay Interest charges on
the consolidated Gs of the Denver & Gulf
system.
In the matter of tlio abandonment of the
Julcsourg branch of the Union Pacific , Den
ver & Gulf the contention of the Union Pa
cific will bo that it 1 < > not a Union Pacific
road , and that the order of Judge Hallott ap
pointing Frank Trumbu'l receiver of the
segregated road made it obligatory upon the
Union. Pucillo to turn over to the Gulf re
ceivers all lines and properties that wcro a
part of the "overland system" previous to
the appointment- a receiver for the Den
ver & Gulf company.
"There never was any contract between
the roads providing for the use of the line
between Julcsburg and LaSallo by the
Union Pacific. " said Judge Thurston yes
terday. "Tho idea of compelling the
Union Pacilie to use the Gulf road for its
trains is just as absurd as an order requir
ing the Union Pacific to use the Milwaukee
road between Omaha and Chicago. Judge
Halloa's restraining order is undoubtedly
issued to hold the relations between the
two companies in statu quo until the case Is
heard on its merits and evidently in the
supposition that there was some contract
between the parties as to a running arrange
ment of trains , but there was no'such con
tract made nor is there ono now in force. "
CONTENTS 01' 1'ETITION.
In the petition for authority to relieve the
receivers of the Union Pacific from per
formance of agreement with the Union
Pacific , Denver & Gulf the reasons for the
request are sot fortti at considerable length ,
tlm contracts between the two roads being
made a part of the petition. Notwithstand
ing the constructive mlleago.of three miles
for each mile 01 freight actually hauled by
the Gulf company the Union Pacific was
compelled to make up vast deficits for the
Gulf company which in these times it could
not stand. Further on In discussing the
money features of the case the petition
states : "Tnat notwithstanding the said
mllcagb allowances as aforesaid , from the
1st day of January to the ISth.day of Opto-
ber. lb'J3 , thu sild : Gulf company failed to
earn the necessary moneys to moot its
operating expenses , fixed charges and in
terest requirements aforesaid , by about the
sumof $5Uy,0JO.i20 ( ; and your patltlouers are
of the opinion that the deficiency for'tho cn
tire year of 1803 will not bo less than the
sum of $700,000,000. "
After reviewlng.at great length the fail
ures of the Union Pacific , Denver & Gulf ,
company to carry"out .tho provisions of'tho
joint agreement- the petition , continuing ,
says :
"Your petitioners , for the reasons herein
before stated , represent to your honors that
it is iucqu'tablu ' and unjust that the joint
earnings aforesaid , which came Into'tho pos
session of your receivers during such joint
receivership , should bo divided Dotxvccn the
lines of the said companies in accordance
with the unjust and incquitableconstructlvo
mileage divisions prevailing between the
said two companies up to tlio said 13th day
of October1693. ' "
Judge Diuul.v , after examining the , petition
and having taken Into consideration the ipi-
nossibillt.v of the servants of. the court to
fulfill all the contract obligations made , , an
order that the election of the receivers'
discontinue the terms and conditions of tno
said articles of agreement is ratified and
approved by the court. It was further or
dered that the receivers cease from operat
ing the said lines and transacting the busi
ness thereof under op In accordance with
any of the said articles of agreement pro
vided the said receivers in their opinion
find that the best interests of the parties require -
quire the same.
This is what has aroused the Denver re
ceiver to apply to Judge Hallott for a re
straining order pending the hearing of the
I'uclflo Coast I'ltsacngur
The flat refusal of the Union Pacificto
withdraw its rate of $44.50 trom the Missouri
river to the Pacific coast was not unexpected
In railroad circles , where the facts are
known. This rate of $44 50 from Council
Bluffs was made on an agreement with the
Santa Fo aud the Southern Pacific at thq
tlmo the Midwinter fair rates want Into"
effect. The Santa Fo put in a similar rate
from Kansas City and the Southern Pacific
the same rate from New Orleans.
A proposition was made In the Western
Passenger association mooting on Wednes
day that the Union Pacificbo requested to
withdraw the rate in order that the $45
rate might bo applied rm tlio flat rate of $50
between St. Paul and Portland and between
the Missouri river and San Francisco. But
the Union Pacific could not BOO the justness
of the request and flatly refused to with
draw a rate as long as the same rate was
maintained by the Santa Fo and Southern
Pacific.
Union 1'nelllo drain ICuto 1'olloy.
A freight ofUclal-of the Union Pacific ,
when asked about the grain situation , said
that his road did not propose to put up
money for ttio eastern roads to make a fight
against the Santa Fo and other roads , re
garding the reduced rate. "Wo will , how
ever , " said ho , "advance grain rates from
Nebraska points and Council Bluffs 3 cents
per 100 over Omaha rates , effective Febru
ary \'J. ' This Is done to prevent beating the
rates by preventing added locals being
attached. "
Itallwity Notes ,
J. T. Hargis , agent of the Missouri Pacific
at Dtinbartdlcd yesterday of brain fover.
The district pass agreement committee ,
consisting of Messrs. Dickinson , Holdrogo
and Burt , had n meeting yesterday.
The "low pints" mot yesterday and so
muoh oratory was indulged In that the city
ticket agents forgot what they bad as
sembled for and adjourned without doing
much as to righting rate matters affecting
the local market.
The Chicago , St. Paul , Minneapolis &
Ohio will take off trains Nos. S and 0 , known
as the Bancroft local , today. No. 3
will leave at 13:15 : p. m. Instead of 1:15 ; No. 1
will arrive a tlU-'O p.m. Instead of 13:40 : :
No. 3 will arrive at 1020 : ! p. m. instead of
U05 ; p. m.
Mr. M. 1C. Hawley , for years past a clerk
in the freight claim ofllco at the Union Pa
cific headquarters , hun been transferred to
the onlco of the general agent of the same
company at Denver. Ills fellow clerks lu
the freight claim office hero made him the
recipient of a very beautiful ink stand and
gold pen ou the eve of his departure. Thurs
day , as a token of regard. He w sia gen
eral favorite hero and no doubt will also
prove himself the same In Denver.
Aa n 1'resldcntlul I'oeslblllty.
NEW YORK , Feb. 3. Hon. Thomas 0.
Carter , chairman ot the national republican
committee , was asked if the northwest , would
present a candidate at the next republican
presidential convention.
"Well , " replied the ex-congressman from
Montana , "the trlendi of ex-Senator Spooner
of Wisconsin tuggcst.him as a strong can
didate who Is thoroafcaly Identified with the
Interests of the minnwost.
"His name wll no doubt rccclvo favor
able consideration , " ddcd Mr. Carter.
"Tlio Yoii'ng Mini , "
A series of addresses that cannot fall to
attract the attcntlonyot young men , will bo
begun Sunday afternoon at the Young Men's
Christian association ; The general theme to
receive attention Is , ' , Thc , Voting Man. " Ho
will bo discussed byf.four gentlemen well
capable of nnnllzlni ; .him , and making some
remarks on Ma mannc'r of life and behavior
that will prove valuable. Dr. Henry
speaks of the private life of a young man
next Sunday. This will be a plain talk
'about "covered things , " given from a doc
tor's standpoint , and will bo for men only.
Sunday , February 11 , Major Klljah Hal-
ford , formerly private secretary to President
Harrl8on ( will speak of "Tho Young Man In
Public Llfoi" February IS , Marcus1 Achcson ,
esq. , speaks of "Tho Young Man In Uuslncss
Life. " February 25 , Uev. J. P. D. Llwyd
speaks of "The Young Man In Church Life. "
The musical features of the sorvlco will
be Riven special attention.
The association orchestra , under the man
agement of Mr. T. J. I'cnnoll and leadership
of Mr. Adcltnann , and a largo male chorus
under the leadership of Mr. McQuIro , will
make the song service most hearty and en
joyable.
The program of the musical prelude to
morrow afternoon will hoi
Ave Maria Gounod
Mr. Hayo with orchestral accompaniment.
Selection Schlepegrell
Orchestra
Violin Solo Selected
Mr. Frank Adelmann.
Selection Mendelssohn
Violin , piano and cello
Messrs. Adelmunn , I'ennell nnd Marshall
The Holy City Adams
Solo by Miss Nina Marshall
The blblo classes meet Sunday at 9:15 : a.
m. and 2:30 : p. m.
Will I'lirnlsh the Church.
Since getting Into -their now building at
Twenty-Fourth and Dodge streets , the people
ple of the Central United 1'resbyterlan
church have gone to work most vigorously
to complcto the structure and furnish the
handsome auditorium. Some time ago the
ladles circulated cards among the members
and friends , upon which card was a pledge
to earn at least $1 In an "unusual way. "
aside from the ordinary business pursuits.
Last evening was the occasion of the "ex
perience social , " In which was related In
a highly entertaining manner the methods
used. In song and story the tales were
told , and evidently the muses had been In
dustriously cultivated , and so successfully
had the pledges been carried out that the
basket held nearly $100 at the close of the
entertainment. The ladles hope to .add
at least as much more to their hoard to
day by the dinner and supper they are
serving In the Crelghton block.
JMiisIc ut Westminster.
There will be a popular song service at the
Westminster Presbyterian church Sunday
at 7:30 : p. m. The . \nuslc \ will bo nndcred
by Miss Frances Hosier , contralto ; Mrs.
Ford , organist ; Prof.iUaetons , vlo''iilst. and
a chorus of feinalq voices. It will consist of
Largo o m Handel
Prof. iJUetens.
The Golden Threshold r Lohr
MissRoeder.
Violin Obligate Prof. Ilaetens
1'tilplt refute. .
Rev. Newton M. Mann will preach at the
Unitarian.church thlsrnornlng on "Spiritual
Discernment. " UoO
The morning subject at the African
Methodist church < wljljbo "ADivine Faith. "
Rev. W. A. D. Venabie will preach In the
evening. ,
At Trinity catliedrSV this morning Dean
Gardner will 'preacti''bA "Charity , " and the
offering will be devotW to the relief of the
destitute. . Mrs. Cdtton and Mr. .Wllklns
ll sing , , , "Lovo. . , Dlvlna , , 4)1 ) iLoyo , > Excoll- ,
e. " ] - ' x , * * > n. 7 s r ' . c
At the Second Presbyterian church Rev ,
Ware wlllfpreacli thls-unomlng4 10 Christian
Endcavorer&.i'Dii ' . 'Vows forUellrois | En-
gagomentB 'i 7Aft special fl service will be
given In tho'tjvenlng to celebrate the thir
teenth anniversary of the Christian En
deavor movement.
At the First Presbyterian church Rev.
J. M. Patterson will preach morning
and evening ! The morning topic will
be "Tlio Purchase Price. In the even7
Ing the reasons assigned by young women
for not attending clmrch " will bo discussed.
Strangers welcome.
Rev. R. N. McKalg of Minnesota will
conduct revival services at Trinity Method
ist church this week. .Rev , McKalg will
preach this morning on "The Need of the
Holy Spirit , " and In. tho' evening he will
discuss "PersonalBe 'jpnslbillty. " On Mon
day night ho will preacli tto young people
ple on "Judgo for Yourself. "
Immanucl Baptist 'church , Kountzo Place ,
Rev. Frank W. Foster , pastor. Sunday
_ morning theme : "A ( great Light. " At the
conclusion of the morning services the hand
of fellowship will bd given to now members ,
and the sacrament of the Lord's Supper will
bo celebrated. In the evening the third of
the series of "Illustrated Sermons" will be
delivered , the subject being "Mechanics. "
The revival meetings have Increased In In
terest and will bo continued all this week.
Everybody Is Invited.
GOOD WEEK'S WORK.
IMInlstnitloiiff of the Klglitli Wiiril Kmcr-
gcncy iltellef Society.
During the last week the Eighth Ward
Emergency Relief society has provided ro-
.Hof for over sixty families. This includes
the furnishing of coal , clothing and provis
ions. It has been found necessary to'obtain
larger quarters , and Major Furay has kindly
donated the use of the store room at- the
corner of Twenty-fourth nnd Soward. The
headquarters will continue as heretofore at
Gurnoy's drugatoro. Our telephone num
ber , 1801. can bo reached at any time , nnd
wo are indebted to President Yost of the
Telephone company , for the contribution of
same. The R. McClelland company placed
live- tons of coal at our disposal , most of
which was sent to needy families during the
week. Other contributions wnro liberal.
The treasurer , Mr. J. W. Furnace , with
Mrs. Gurney and the secretary and a corps
of ladles , are devoting all their tlmo to the
work , and the demands seem to bo growing
quite rapidly.
It Is hoped at the Sunday mooting to per
fect arrangements by whicn an employment
department can bo opened and means pro
vided by which thosojjyho have been aided
in the last wcok can mt employment and lu
the future maintain tljmselvos. ;
Nearly every preclncpius boon visited by
the corps of ladies\yuleli clearly demon
strates that rollovlng wants by a house-to-
house visitation Is thpjbcst plan that can bo
adopted. , " i
Secretary Laughliu of the Associated
Charities has rendero .valuable- . assistance ,
and the society Is co-qupratlng with the As
sociated Charities In , aUIU , movements.
The Klghth Ward norgency Relief soci
ety will hold a tnooti9& at the Second Pros-
by tor Ian church , coijior of Twenty-fourth
and Nicholas streots. is afternoon at UUO. ;
All members of the society and nil others in
terested are cordiallyuvitcd. , , ! , Wo particu
larly deslro the prcscn fi of all the pastors
in ttio ward , or near by , and also a represen
tation from all churches , aid societies , in
cluding a representation from any Knights
of Labor organizations , During the week
morn than sixty families were relieved.
Secretary LaugUland of the Associated
Charities and Superintendent Clark of Rcscuo
hall nnd others are expected to bo present.
There should bo a general attendance of res-
dents from all parts ot the ward , as the
labor Is increasing so rapidly that it is nec
essary to have the assistance of moro benev
olently Inclined people to carry on the work.
CADETTAYLOR , President.
MRS. J. E. VANDERCOOK , Secretary.
Citizens Itcllof Committee.
The citizens relief committee mot at the
Commercial club yesterday anil passed a
resolution urging the continuance of charita
ble bureaus and especially commending the
relief work of the First Congregational
church. The treasurer reported $363 in ad
ditional cash subscriptions to the charity
fund. U was decided to refer all requisi
tions to the Associated Charities.
PAID MINDORFF TOO MUCH
City Attorney's Opinion as to Recompense ol
City Hall Architect.
BROUGHT OUT BY STILL ANOTHER BILl
Council Committee Hud No Authority U
3Iuka the Contract hy Wlilrli the
Architect Will Minployeil Un-
jiiHllllril Claims for Kitntx.
City Attorney Conncll lias submitted tc
the committee ) on public property and build
Ings of the city council a lengthy report on
Uio validity of the claim of C. F. liolndorfl
forfl.U.v.lU , balance duo him as city hall
architect , and roaches the conclusion that ,
instead of any such amount being still duo ,
the architect has already been overpaid aud
is really Indebted to the city. Ho roaches
that conclusion by the following reasoning.
' The plans and specifications for ilio city
hall , furnished by Fowler & Dolndorff , ami
which wcro accepted by the city , were fur
nished In pursuance-of an advertisement of
a commlttcuof thocouncilwhich outlined the
general character of thu proposed structure
, and provided that the committee would execute -
cute an agreement with the successful com
petitor "for the customary professional
compensation for such services ns declared
by the Western Association of Architects
and by the American Institute of Archi
tects. " Asa matter of fact , no such agree
ment was over mailu , and no such agree
ment could lawfully bo executed by the
commlttco. Under the uxureas provisions of
the charter , a contract for and on behalf of
the city can only bo made by the council and
mayor. On the 10th of March , ISS'J ' , Council
man Bedford Introduced a resolution , which
was duly adopted by the council , requiring
the architects to glvo a good and sufficient
bond that the building should not cost a sum
in excess of the amount called for in the
specifications. In pursuanceof this reso
lution , a bond in the sum of $50,000
given by Fowler & Belndorft conditioned
that llio city hall should be orcutod In all
respects In conformity to the plans and
specifications for the sum of $350,000. This
is the- only writing which I can IInil ootwecn
the city and the architects relating to tbo
construction of the city hall.
MK. 1HUN'IOKI : < T'.S OIjAIM.
"It is claimed by Mr. lioindorff that undo
the advertisement of the committee for
olnus ho is cntltleu to receive for architect
ural services lu thu erection of tne city hall
5 per cent on the cost of the cntiro work
and material without reference to the lim
itation of coat prescribed by the bond. Ac
cording ta a schedule furnished to mo by
Mr. Bointfurff , purporting to have been is
sued under the authority of the American
Institute of Architects , 5 per cent on the
cost of the work is the charge authorized for
full professional serviced , including the su
pervision during the erection. I am of the
opinion that the schedule of charges to
which reference has been made bus no appli
cation to the claim of Mr. Boindorft for throe
reasons ;
" .first , no contract or authorized agree
ment was ever entered into between the
city and Fowler it BoiudortI prescribing1 the
rate of compensation.
"Second , under the provisions of the bond
of.Fowler & Bcindorff the limit ot cost was
fixed at $350,000.
"Tnird , as a matter of fact , according to
the best Information I can obtain , as well ns
from my own observation , Mr. Boindorff did
not give the supervision required during the
erection and completion of the city hall.
"With respect to the first reason above
mentioned the original bill presented to the
city by Fowler & Beindorff would indicate
that at the time they presented such bill
they were only entitled to receive compensa
tion on the cost as limited by the terms of
their bond. The bill is as follows :
Oiimlm , 'Neb. , Sept. 10 , 1839.
iThoGlty of Omulm ,
To Fowler & lielndorlT , Architects , Dr.
I'luus , Hnuclllciitlons and details for
the city hall , 34 ! par cent on cost
( J350.UOO ) 812,250
"At the ti'mo of the rendition of this bill
services for proposed superintendence-
not been rendered , and was therefore not in
cluded. ,
" Vith respect to the third reason above
given 1 would say that In addition to the
failure of , Mr. Boindorff to give the work the
personal supervision required , the city nt its
own expcnso employed a superintendent for
u considerable tlmo during the construction
of tho'buildlng.
PAID TOO MUCH ALREADY.
"Tho ainountalready rocqived by Mr. Boln-
dorff on account of architectural berviccs is
SIS.5S8.G3. This amount , iu my opinion , is
considerably in excess of the amount ho is
entitled to-rcceivo , either under the terms
of his bond or'undcr quantum merult.
"liven on the theory that Mr. BomdorfT
had rendered the full and satisfactory serv
ice required of him us superintendent of the
work , the limit of his charge under the
schedule of tlio American Institute of Archi
tects on the cost of the oullding at $350,000
would bo $17,500. If the provisions of the
bond limiting the cost of building were to bo
ignored and , the claim was to stand as one
on a quantum uierult , the amount already
received by Mr. Beindorff , in my opinion ,
as already stated , is considerably in excess
of the amount ho is entitled to receive.
"Ho now claims a balance duo of $4,055.19.
In order to maku this balance ho charges 0
per cent not only on the original contracts ,
but on all contracts subsequently made , In
cluding tnuso for fui-nishings and decora
tions , as well as for changes made. For in
stance , ho charges 5 per cent commission of
$001.05 painting tbo east wall , which was
done by the authority of the mayor and
council , and with reference to which ho did
practically nothing. The case is true uf a
number of Oliver items for fixtures , etc.
"I do not wish to do Mr. HeindortT an in
justice , but on the contrary I would bo In
clined to favor him if 1 believed his bill to bo
just. Upon a careful examination ana con
sideration of all the facts I am forced to the
conclusion that no ainount whatever Is now
duo Mr. BcindorlT , and am of the opinion
that before any other payment should bo
made him ho should bo required to estab
lish the correctness of his claim for $ -1,055.10. .
after having received already the sum of
$18,588.03. lam further of the opinion that
a number of just Items of sot-off and counter
claims exist ! H favor of the city against any
claim of Mr. Bomdorfl's. "
III ! IK-IS A MOriHTKIt.
Stone , tlio Indiana 'Murderer , ConfcHsex mi
Awful Crime.
WASHINGTON , Ind. , Fob. 3. It scorns
that the sextuple murderer , Stone , who is
now awaiting the day of his execution at
Jofforsouvillo prison , is a deeper-dyed villain
than was at first supposed , if such a thing
could bo. Ills wlfo and children and aged
father visited him ono day last week for the
last time , and to his father , it is learned
today , ho went over the details of his
fearful crime , relating an act of his
that will mark him among the
bloodiest of human butchers. It will bo remembered -
mombored that the llttlo daughter , Ethel ,
survived the fearful slaughter and was
taken to a neighbor's houso. and for several
days hovered between life and death , and it
was on her evidence that the authorities
hoped to locate the fiend , but suddenly she
died , Stone , It is now ascertained , has con
fessed to his father that ono day ho went to
his neighbor's houao , and whllo they were
at dinner in another room smothered the
lltllo girl Ethel to death , thus oloaring him
self of ttio living witness to his fearful
crlmo.
Agency riiyslclun Appointed.
OHAMBEHLAIN , S. U. , Feb. 3. ( Snacial
Telegram to The Boo , ) The position of
agency physician at Lower Brulo agency has
been tilled by the appointment of n Mary
land man , who has just arrived and taken
charge. It was the belief in some quarters
that Dr. ICnstmon , formerly physician at
Pine Kldgo agency , but now a resident of
St. Paul , would get this position. If ho is
again permitted to enter the Indian sorvlco
ho way bo sent to San too agency.
"
Dcspcrato Homo Thief Arrested.
SIOUX FALLS , S. D. , Fob. 3. ( Special
Telegram to The Boo. ) Dave Duoharoio ,
the Mexican cattle rustler who has been the
terror of tbo Black Hills for some years ,
ti again taking h ! daylight In chunks. Ho
was arrested last spring for participating It )
n horse stealing raid , but succeeded In
escaping from jail nt Mlnncacla. Ho has
been again arrested , ami beside * having
four stone walls to keep him secure , there
1ms been placed over him n strong guard.
. Ktrttxit'it
II. ) TrAtlllrft In tlm ( , ' tilillii | Cnfto
Cnplaln Srlmrlttrr.
CHICAGO' Fob. a The Coughlln case
opened today , with John P. Ktinr.o on the
stand. The preliminary examination of the
former defendant rotated to his birth and
early life. Determined objection from the
prosecution prevented an Inquiry Into his
life previous to his coming to Chicago.
"John , when did you first meet Dan
Coughlln ? " asked Judge Wing.
"In the fall of 18S > 2 , I mot Coughlln nt the
Kast Chicago street station , " replied the
llttlo German.
"Toll about that. "
"I was worlnngnt the Schufcldt distillery ,
and when the cxptoston there occurred Ca | > -
taln Schanck sent for mo to comn to the sta
tion. There I mot Coughlln In his office and
was put to work with him on the explosion
ca4o. That was In November or Docomber.
I saw him again in the spring of ISS'J and
gave him some papers and lolegr.uns. "
In nnawer to questions , Itnnzo then stated
that ho had never known WoourulT. Coonov
or Martin Burke. Kunzo told of his arrest
and was frequently Interrupted by ob
jections fioin the jirosscuutlon. Finally
Judge- Wing , for the defense , was compelled
to divulge the object of his questioning.
"Wo wish to show , " ho said , "that Pollco
Captain Schuettlor , the chief ofllcor for the
prosecution in this case , tried to got Zunzo
to swear falsely. "
Kmi7o was then allowed to proceod.nnd
his next few sentences developed a sensa
tion.
tion."After
"After my arrest they took mo over to a
dirty , misty cell in the Hnlstead ntatlon
and Sohuottler eamo to see mo
there. Ho said 1 would have
to swear that I drove Cougblin to the Carl
son cottage on the night of May 4. If I said
that , I would get off , and If [ did not , I
would bo hung. That's what ho said. 1
told him I would not swear to that , and ho
knocked mo do.vn aud called mo a vile
namo. "
ICunzo was asked it ho was In Nlomann's
saloon with Coughlln and O'Sullivan on the
night of May .
"No , I was not. " ho replied. "I was on
thu south side all that night. "
Ttio cross-examination failed to develop
anything now , and John Plommoring was
called to the stand. Ho is a plaster con
tractor and was acquainted with Mrs. Hoer-
tel , as her husband often worked for him.
Ho stated that ho would not believe Mrs
Hoertel under oath.
At the conclusion of his tcsjimony court
adjourned till Monday.
New York I.oKliluturi , ' .
ALBANY , N. Y. , Feb. 3. An Injunction
was Issued by Judge Cluto , county Judge of
Albany county , restraining Mr. Vonrol ,
clerk of the senate , from putting Henry W.
Olfert's name on the senate roll In place of
that of Senator McCarty , who was ousted
from his seat by the 'republican members
of that body. The Injunction was granted
on the ground that the clerk had usurped ,
without authority , the olllce of presiding
oincer of the senate. It Is returnable on
Monday before Judge Cluto In chambers.
On the unseating of McCarty and several
others depends the success of the republi
cans in securing members to pass meas
ures over the governor's veto.
Gnvo Him u Toleticopo.
Ex-Assistant City Engineer Grover was
agreeably surprised at his residence on IJark
avenue last evening by the employes ot the
city engineer's ofllco , who called to present
him with a handsomely mounted telescope
as a token of the high esteem in which they
held mm , and of their regret because of the
severance of the relations th.it had con
tinued during the twelve years that ho had
been connected with the oftlco.
A number of spo6ches were made , and In
the recalling jt reminiscences of bygone
years the evening was very pleasantly passed.
Dr. Mary Walker 'Mulcted.
SYRACUSE , Feb. 3. The trial of the ac
tion of Arthur D. Snoad for damages against
Dr. Mary Walker , who caused his arrest on
n charge that he murdered Christie Warden
In New Hampshire and was Interested In the
bomb throwing In Hussoll Sage's office , re
sulted In a' verdict In the plaintiff's favor
for C cents damages.
STOLE HIS EMPLOYER'S ' WIFE
Cupid with His Arrows Badly Worsted by n
Journeyman with n Enzor.
FLIRTED WHILE THE BOSS WAS SHAVING
Ilarlirr Hull lrnrcr | * Hint 111 *
Itrlilo of it IVw Munllin 11 ml I.o l Her
llriirt to u Ntitr llimnlrr Kept
on Shut In ) ; .
After less than n month of mnrltnl happi
ness Klllo Hall , the pretty wlfo of A. 1 ! . Hull ,
who nuiH a tiarbcr shop til 1001 Douglas
street , Ima IctT tier hnsbnml to nod the
world In company with a handsomer man.
At least this Is the story told by the husband
In the cast ) who Is astounded nt the dcrullc-
tlon of his newly wedded brldo.
Hall has been running the barber hop for
some tlmo past and -about a month ago ho
wont over to Ncola , la , , and married the
woman who has since betrayed his conn-
deuce. Klllo Is the daughter of \vull-to-ila
Iowa farmer and when her lover
won her blushing consent to be
come his wlfo ho thought that ho was ob
taining a first mortgage to an affection that
would cnduro for years to come , and would
inako lha llttlo room behind the shop the
scene of unalloyed domestic happiness , lltit
hero was where ho was short In experience
of womankind , for although tie | honeymoon
Is nut yet ended his homo Is dosalato , and
ho Is left to ponder on the transitory na
ture of one woman's love.
Ono barber has assisted Mr. Hall In at
tending to the wants of his customers , and
It Is the assistant who Is alleged to bo at
the bottom of all the trouble. Ills name Is
Jack Southward ) , and when his employer
brought his wlfo home Southworth was In
stalled In the household In the capacity of
a boarder. Ho 1's a handsome looking fol
low , half French anil half Italian , and be
fore , a week had passed ho had succeeded
In 'becoming a prime favorite with the
woman of the house. The husband was un
suspicious , as newly-made husbands nro In
clined to be , and whllo Klllo darted soft
glances In the direction of the star boarder
her lawful spouse kept on shaving In happy
unconsciousness.
Friday night , however , the guilty couple
could stand It no longer. They packed their
own things and some of Hall's and stele
away out of the back door whllo the hus
band was shaving a customer In the shop.
They boarded a Council Illuffs motor , and
In five minutes more the bridegroom of a
month ago was to all Intents and purposes
n widower. It did not take Hall long to
understand the trick that had been played ,
and when ho came to look through the
rooms ho found that the couple had not
gene away without something to start house
keeping with. A set of shaving tools and
various articles of clothing were charged
up to profit and loss , whlletho deserted hus
band punched the tickets all around end
tried hard to believe that ho had the best
of the bargain.
The police were notified of the disap
pearance of the couple and a grip containing
some of the stolen articles was afterward
found by a detective In a neighboring house ,
where It had been stowd away until they
wanted to ccmo after It. This leads Hall
to believe that they Intend to make a trip
back over the river after a day or two
and ho Is preparing to give them a warm re
ception.
1'oultry VniicltTH Will 3li > ot.
The next meo'.lnir of the Omaha Poultry
Fanciers association will bo hold in the
Commercial club rooms on Monday ovcninc ,
February 12 , ut which tlmo several papers
of interest , to the fntcrnity will bo pre
sented. This association Is growing rapidly
and has already proved Itself a controlling
force in matters protalnlng to the fine
poultry interests In this county , and Is ex
tending Its influence throughout all of
Nebraska and western Iowa.
Every breeder of thoroughbred poultry in
this city or vicinity is invited to identify
himself with this association , thereby not
only supporting n worthy society , but re
ceiving many benefits in roturn. Several
applications for membership have already
been received hy the secretary ana .moro
nro known to bo na the way for action at
the next mcGting. All Interested arc in
vited to bo present at that time.
AMUSEMENTS.
Eaaam VTO9I
Bsaa H
THE PRINCE OF GERMAN COMEDY
THE ONLY AND ORIGINAL
NIGHTS \Jk/EDNESDAY
AX.SO MATINEE ,
olllty Enough to Last Until the End of the Century Crowded into One Ptrf HILL , fi
BOYD'S TODAY. TONIGHT.
I'OUIl NIOI1T8 , COMMKNCINU
Today , SliijclaiJ , Feb. 4.
M. B. LEAVITT'S
Spectacular ilurlesiiue ,
SPIDER and FLY
A bowlldorliiK , bountiful exposition of the
varied delights of burlesque and u
COMPANY OF UNEXCELLED MERIT ,
Sppclill MU.NDAY IMATlNICi : TtlUA Vul2i : ) ( > ,
1'rlcos-FlrBt Floor , OOo. 70oj tmlcouy , 'JBe , DOe.
KVKMNU I'KUi-ou HANOI : AT H.
Prices Klr t Floor , COc , 7Bc , 1.0U j balcony , 50o ,
7Su ; b'allerjr , i5c. !
554 Seats at 50o Enoh.
Dox Onico open All Day Huiid.-iy.
' Four Nights
povp's Communclng
THURSDAY , FEB. 8 ,
Mutlnoo Saturday.
Special World'H 1'wlr production of
The Moit Popular and I'loaulnit of All
Spectacular Trlolt Pantomime * .
Usual Price * .
Gems
of
Photographic
Art.
313,315,3178) , ) , 13ti St. , Onili
Toke Elovator.
Dotwocn Faruam und Huruoy ,
Wo are now rendy ti iniilioiirriinconinnts for
the Uma hu ruprusuiuutlnn uf our A nu i < > < ,
,11111 * HI.nt hiiMin l'i | > mill linlmr ( 'oviTliiicii ,
and will bo pleased to promptly rcotilvu HID
uupllotttniiHot iron I enuruotlu partius. Thnso
havlii' , ' < loillnjg ; with slotuii luern puforreil.
Addreas T 10 Philip Onroy NIlR. Co. ,
117 U ) 127 Gilbert ava , Oluiinnatl , O.