THE OMAHA. DAILY BEEy ? JTJIUUSDAY , MARCH 29 , 1891 , WILL PROSECUTE THEM Central Labor Union Determined t ) Punish Assessors Who Evndo Their Duty. RESOLUTIONS ON THE MATTER ADOPTED Member * Talk Over the I'lntln Caiml Pro- Jrct nnil I'.xprrm Tliolr Approval of the ICntorprUo Suggestion of n Nil- lluiml I.nlior Cungrc * ) . Tlio meeting of the Omaha Central Labor union last illicit In Patterson's hall was at tended by a large number of delegates and visitors. President J , U , Scliupp preside * ! and In tliu absence of Vlco President 11. H. Boytcs , Louis Fitzgerald of' Horucshoers union No. 19 wan cho.io'n u olllclato In lila Btcrxil. The tin , nheot Iron ami cornice workers' union sant three delegates with credential ! ) , which Were accepted. They were It. Ulor- nmti , E. Ilal.ttead and William Klnold. After the obligation of those delegates the report of ths committee on thu proposed canal pro ject was submitted and received considerable attention. The committee ashed for further time , which was granted. Mr. bablnu , being cjllcd upon to explain the status of the canal project , said : "Our committee ha held several meeting ! ! nnd learned what we could about this matter , Wo bollovo the canal would bo a good thing for the city , and also that , If It was legal , It bo constructed and operated by ths city , but as this Is not legal wo must necessarily con sider any proposition which may-be made to the public by any set of persons. Not knowIng - Ing what the proposition will bo , wo must necessarily wait until wo dp know. " Mr. Fisher thought that the committee should keep a sharp eye out. and keep up with the promoters of canal schemes ) . Ho thought that after thn proposition had been submitted It would then bo tlmo for the Central Labor union to decide whether It wished to vote a subsidy or not. 1) . Clem Deavcr said that something was needed to put new life Into Industry and ho favored any scheme that was not too rank , that would give Idle men work. Ho thought that when the proposition was submitted It should be carefully considered and he had no doubt the decision of the union would bo wise when the proposition was submitted for Its action. The horse collar makers union made a royal kick and wanted a committee appointed at once to look after some trouble that they were having with their employers. The request was granted and the committee In structed to take action without delay , The question of low assessments was then taken up and the following resolutions adopted : Whereas , The practice of local assessors has heretofore been to assess property at ridiculously low Itgures , nnd Whereas. Such practice operates to make taxation fall the heaviest In proportion upon small property owners ; therefore , be It Resolved , Ily the Omaha Central Labor union In regular Boston assembled , that we condemn such practice of assessors nnd de mand that the rate of assessment be raised to u reasonable percentage according to lew. Ilesolved , That we hereby Instruct our committee on legislation to prosecute any persons acting as assessors who make re turns that arc not reasonable nnd Just. This resolution was passed unanimously and Individual members spoke heartily In favor of the committee forcing the assessors to comply with the law as their oath of office provides , A communication from tfio United Boot and Shoo Workers was read , which appealed to the members to patronize only union " label shoes when making purchases. This sentiment seemed to be popular and prom- Ife'iT wVro rma"do that the request would bo grantSd. . Secretary W. S. Sebrlng then read t communication from the , Central Trades Council- Sioux City asking the OnVaha organizations to co-operate with the Sioux' City unions In calling n national labor con gress to discuss the hard tlmos. The matter was referred to a committee of three with full power to act , consisting of John II. Schupp , Alfred Fawkner and William S. Sebrlng- . A letter from the typographical union at Minneapolis thanking the union .for services rendered was received and placed on file. The members then entered into a general discussion of the labor question. Ilono by tlio County C'umnilKsIoiicrs. At the special session of the Board of County Commissioners , held yesterday afternoon , "Blondy" Clark wns appointed constable for JlcAi'dle precinct and his bond approved. . The county clerk was Instructed to ad- NUMBER 3. Send or lirhij ; FOUR conponH nnil Icn cents In coin to tlilB ottlro ami rrvclvo tlm ! ! nl Part of this Hiipcrb woiU Iliu ntory of tlm rt'ur tokl by thu loading gciioraln on both Rltlun. KVriA' II.I.USritA l'KC . SERIES NO. 5. DICTIONARY. Only thai immborof tin book eomipoivl. luc wlthlho BcrloH mimlivr ot thu coupon- * t , . will bj ilullvoiM.l , O NLI SumV.iy mill Thvoa Weak-day coupons , wltli ir > muts lu olu , will buy ono p.irt of The American Knqyclop.i.Ho Dic tionary. Souil or brln ? to Tha UcoOnicc. MtxllslioulU lie luldrcsscci to DICTIONARY DEPARTMENT. SERIES SEVENTEEN MARCH 29. 1894. . B EX EX COUPON. World's Fair Art Portfolio. To secwo tins superb aouvoulr html rr lirlnpolx coupons of this sol Ics kgirlut ; ( < ln"orcnt dates with lOcouts In i-oti | to ART PORTFOLIO DEPT , Boo Ofllae , Omaha. vprllso for Mil * for the furnishing ot 100 Hulls of clothes nt "the county Jail. II. Antlerson , n clerk In the oillce of the county auditor , wan ordered illfcharRctl tlio object beltitf for the purposes of dolriff a little retrenchment. The bonnl will holil nnothcr session nex Saturday afternoon , BOULEVARD CHANGES. I'urk ComttiliMlnnnrft Ulirimnlnjr n Number of 1'ropoftltloiK C'nnnrrtril Thrrmrltli. The proposed route of the Routheas boulevard crime up for discussion ncnln yesterday afternoon nt u tneetlnt ? of the park commission. The contention ncems to be ubout the nppralHemeiit made by the appointed appraisers. Those who liav'o nd drowned the board claim that the nppratsc ment wns unjust. Mr. Mtllnrd susBestct that the property bo reappraised , If such a thlnK could be brought nboiit , Jiiilh'u Lnlte said the property could be reappraised by thn council. It Is wtato ( that t7OiX ) must yet bo raised before the work can BO ahead. The JuUiie Kavolt as his opinion that It would be bettor not to hnvn a boulevard at all than to have OIK built that Would Hot bo of OliotiBh bond ! to the properly nliiitllnt , ' to l iy for what It cost. Mr. H. I. Uordon addressed the board It favor of the route on Hevi-nth Htreet. us Indicated In the petition lllcd u few dayi nfjo. The gentleman iipoke of the plu- tures < iueness of the new route , descrlblnj , the natural avenue of nhndo trees on eacl side of'the line , the difference In Hie cost and the Bavlnt ? of expense to the propertj owners In the vicinity. He claimed that the original route wn lee narrow to make n boulevard , and that In ease It was con structed on : tmt ! line It would prevent the opening up of cross streets , which would be needed sooner or later , and when that tlmo did come the boulevard al the crossltiKS would have to. be bridged ut a heavy ex- pviise. Mr. Tukey went over the new route yesterday , HP Muted tii the board that so far as scenery WIIH concerned the route as suggested by Mr. Gordon was perhaps the more preferable. Hut the expense of con demnation proceedings WHS an Item of considerable moment , and even after the change was ordered by the board the ex pense to the property owners would In al probability be us greut as now. He had a proposition to make , however , and that was to the effect that If Mr. Thomas Mur ray , who owns most of the property abut ting on the new route , would give the board a warranty deed for it tiact 150 feet wide from the starting point through this Htrlp , and thereby waive condemnation pro ceedings , he would vote In favor of the new route. This he put In the form of a resolution and submitted It to the board. The members all voted In favor of the same , nnd this ended further discussion on the southeast boulevard for the day. Mr. Tomloy was awarded the contract for placing lightning rods uu the Hanscotn park pavilion. The cost Is to be $ . ' . . Thpre were two bids and they were alike , with the exception that Jlr. Tohiley'i ) bid gives two more' points than tlm other. Mr. J. , A. Crelghtoii was before the board with a 'proposition In regard to his dona tion of land for the proposed change of the route of the southwest boulevard. Jlr. Crelghton wished to have the board Insert a clause to the effect that he could not at any time In the future be assessed for Im provements In the form of paving or other wise. The board was unable to comply with the request , ns such matters are en tirely within the power of the council. Mr. Megcath owns property between the Crelghton strip and Hanccom park , and that gentleman wutf also before tlm board to talk over a proposition of donating a right of way along the proposed new route of this boulevard. No definite action was taken In the matter. XJIH'S JfOIt Tllll AIC31V. Several I.lcutrimntH Find Their Itcgliiicntal Aaslgnniuiitti Somowlmt Altered. WASHINGTON , March 28. ( Special Tele gram to The Bee. ) The following transfers In the Eighth cavalry are made : First Lieutenant Enoch H. Crowder , from troop G to troop A ; First Lieutenant Andrew G. Hammond , from troop A to trop I ; First Lieutenant Charles C. Walcutt , Jr. , from troop I to troop G. Second Lleutennnt Thomas W. Winston , Fifth artillery. Is transferred from battery H to light battery D ot that " regiment. Captain Crosby P. Miller , "nsslstant 'quar- tcrmoster , will proceed from this city to Columbus barracks , O. , on odlclal busi ness pertaining" 'to the quartermaster's de partment. A general court martial Is appointed to meet nt , Columbus barracks , Friday , the 30th day of March , for the trial of such prisoners ns may be brought before It. Detail for the court : Captain Charles Bird , assistant quar termaster ; Captain Henry P. Rltzlns.Twenty- flftfi Infantry ; First Lieutenant Bogardus Eldrldgo , Tenth Infantry ; First Lieutenant Joseph M. T. Partello , Fifth Infantry : First Lieutenant Eaton A. Edwards , Twenty-fifth Infantry : First Lieutenant Wilt T. May , Fifteenth Infantry ; First Lieutenant William N. Hughes , Thirteenth Infriutry : First Lieu tenant Daniel F. Auglmn , Twelfth Infantry ; Second Lieutenant Edmund L. ButtB.Twenty- flrst Infantry ; First Lieutenant James M. Arrasmlth , Second Infantry ; judge advocate. The leave of absence granted First Lieu tenant James B. Goo , adjutant , Thirteenth Infantry , Department of the Missouri , la ex tended one month. LIKED THE SOLDIER BOYS. " General lirouks on Conduct nf Mllltln at Di-nvar mid Cripple Cruuk. Brigadier General Brooks of Denver Is at the Pax ton. He was In command of the state mllltla of Colorado during the recent Walte war at Denver and the riots oC the miners at Cripple Creek. In speaking about the matter the commander of the gov ernor's men said : "The recent trouble at Denver has forever cot at rest the cynical reference to the National guard as dude soldiers who lack courage. The conduct of the boys during the trying times at Denver and Cripple Creek was most commendable nnd worthy of battle-scarred veterans. There wns not a coward In the lot , nnd I was proud of them. I would rather have a regiment of such boys Ihan ono of Grand Army veterans , bei-uuso the vets would alj want to tell me how to net. The young noldlers obey orders without suggestions , and are fully us brave. I am satlslled that had I given the order to Hit ! during thf > ex citement nt the city hall the sharpshooters of the sheriff's crowd would havn nt nnc-n picked oft. the otllcers and gunners , but I would have obeyed tlu > governor's orders as sure n.i there Is n God In heaven. When wo went , to Cripple Creek wo had to march from Midland up the hill to the camp , and the miners were In ambush along the line. They had SCO kegs of tflniit powder along the road also , but not one ot the boys Illnched. All honor to the National guards men. They are made of the right kind of stuff. " The general predicts that Governor Walte will triumph In the coiirtn In his case against tht ; old , i > ollce board. WKATIIKH f South YVIndH Will Itlow mid It Will Ho 'Warmer In Nrbraslni Today. WASHINGTON , March S. Forecasts for Thuredny ; For Nehrabka Fair ; warmer ; winds becoming south. For Iowa Fair ; warmer In western por- llon ; warmer Friday morning ; variable winds. Fur South Dakota Fair ; warmer ; variable winds. For Missouri Generally fair ; northwest winds ; warmer. Friday morning. For Kanhas , Fair ; warmer Friday morn ing ; variable winds. , . . - M : - .IA.VO I/.YC'K.VK.V'VW. Yesterday the nalo of ceatn opened for the Rcmcnyl concert , which takes pluco at Boyd'a theater this evening , and not- \vtthUaiidlng the titormy weather the re serve WBB excollo'nt.The grand old virtuoso ese la a general favorite In Omaha , and never falls of filling his house here. This time Heinenyl will bo accompanied by Miss Mlnillu D , Mntliot , the charming soprano solqlst , and StRiior do Him Ilernl , n pianist whuso n.iino Is familiar In Europe , and who ins but recently come to thin country. A nest Interesting program has been arranged 'or this evening , ono that will Interest all tastes and classes. u ( illmpso of I ho ICrir : arjri ! . HAi/riMOUK. March 2S.-A letter from ( ho master of the schooner Frank M. N'oyea , dated Htucllclds , Nicaragua , March 10. says the Noyau passed the wreck of tha itoamshlp Kcaisnrgo on Iloncmlar reef , March 0. The warship waa high and dry , There were Uvo schoonerx around the reef , wreckers stripping the whip. The lort-must of the Kearsargo was gone , but the main nnd inlzzcn masts were mil ! Htandlng. The main yard WUH lumping by the trusses , cockhllled , nnd the smokestack was still Ntandlng. There wan Home light ing colntr on ut lllucllelilu at thu date of thu letter. _ Dewltt'a Witch Hazel salvo cures pile * . UNION PACIFIC'S ' SOLVENCY Hobson's Allegations and Figures Mot with Denials by the Deceivers , END OF THE GULF CASE ABOUf REACHED ilndgr * nt T.nul Conflnn Argument Only to the Qtirnllon of Mciiniiri ) of Compeina- tlon TliurMon Dlnrlitlmi ) lU-npoii- idblllty for JU KnilmrriiiKiiirnt. There was blood In Henry W. Hobson'a eye when the circuit court convened In the largo room In the federal building yesterday morning , The long and continuous argu ment made by Mr. Hobson on Tuesday seemed to have put the representative of the gulf company on his metal , and having had a good night's rest ho resumed his ar gument with a gtcat deal more earnestness than ho displayed In yesterday's talk. H was a series of surprises all morning , the allegations made by Mr , Hobson that tlio Union Paclllo was a solvent corporation on January 1 , 1891 , that they had. not de faulted $1 of Interest and that In several Instances George Gould and Hussoll Sago had gone down Into a private balance ac count from which they took money to pay Interest on main line bonds being some of the sensational features of tlio mornIng - Ing session. Then Judge Caldwcll's minute Inquiries Into the standing of preferential creditors and the understanding Hccelver Anderson had of the management of the trust estate were sldo lights which made the morning one of Interest to the largo array of rail road men and legal talent present. Mr. Hobson started In to argue the meas ure of money duo from October 13 to Decem ber 18 , under the contract , but before ho had gone very far In the elaboration of hs | ar gument Judge Ranborn stated that so far as ho was concerned It was not necessary to go Into that feature of the case , for If the contract was hold valid the Quit road would bo bound by the measure of dam ages , If not valid then the Interest would be lite measure of damages. In this opinion Judge Caldwell agreed with Judge Sanborn. This feature being eliminated Mr. Ilobson proceeded to cite a number of cases to show how trust estates were managed. Mr. Hobson stated that there were two propositions which the court would luivo to decide ; first , as to running trains C.M.T the Julesburg branch , and second , as to the In terest features. * Judge Sanbnrn , at this point , asked If Mr. Hobson would contend that the contract as to the Julesburg branch was binding upon the receivers. Mr. Hobson was not exactly in a position to claim that , but thought that the equities would demand the entorement of the contract. MEANING OF HALLETT'S ORDER. Then came a running discussion between counsel as to Just what Judge Hallett's order provided In ordering that the operation of trains should continue on the Julesburg branch , leaving the constructive mileage fea tures entirely out of the question. When the consolidation came about , said Mr. Hobson , between the Gulf company and the Union Pacific company they put on the Gulf company rome J22BOO,000 , together with $4,700,000 of Colorado Central bonds. He stated that there was an avowed - determination tion on the part of the receivers of the Union Pacific to default on the Gulf Interest and proceed to foreclose. Mr. Tlmrston was asked by' Judge Sanborn as to what the receivers were willing to do , In reply to which ho stated that he thought the Union Paclflc would pay Us Just compen sation for running Its trains to Denver , but ho thought It a principle on the part of the receivers that they 'should , not be.compelled .to operate over a road which was not essentially a part , ot Uio system , and which It could do without. Mr. Ilobson said If the court would allow the Union Pacific to1 cease operating the Julesburg branch It would compel 101 miles of road to rot and rust. He stated that the Gulf was bound to the Union Pacific Jn per petuity , the contract of April 1 , 1890 , being distinct on Its face. In order to tie up the Gulf company for all time the Union Pacific , created an estate In the Gulf company. "Under tlio contract , " sold he. "wo cannot deal with any other road. " He then stated that proceedings were being taken to reor ganize the Gulf company as a separate or ganization. So many were the Interruptions put upon Mr. Hobson that Judge Caldwell grew tired of new matter being Introduced by the coun sel In their little tilts and laid down' the rule that no more Interruptions would bo tolerated by the court. Mr. Hobson resumed by making the state ment that since the receivership was organ ized they had paid Drexel , Morgan & Co. $54,000 Interest-per month on the collateral trust. Ho also stated that there was not a single dollar of Interest duo on the collateral trust bonds. This he stated was a vital point to determine what was due the Gulf company between October 13 and December 18 , 1893. Then Mr. Hobson throw a bomb Into the camp of the Union Pacific by stating that he could substantiate as intimated In his answer that the Union Pacific company was a solvent corporation on January 1 , 1891 , Ho stated that there was not a representa tive of a stockholder or a mortgagee , par ties to this suit , except so far as the re ceivers represented- parties through the court. AS TO UNION PACIFIC'S SOLVENCY. Judge Caldwell ha'd listened to Mr. Hobson - son with Interest throughout his argument , but when the gentleman attempted to show the solvency of the Union Pacific January 1 , 1894 , Judge Caldwell began u series of questions as to his understanding of the bill which was decidedly Interesting. Ills questions to both Mr. Ilobson and Mr. Anderson brought out the fact that there were no creditors in court but debtors , and then Mr. Anderson was compelled to define his duties as to the management of the trust estate. Again the trend of argument was taken up , Mr. Hobaon showing the amount of In terest that had boon paid and insisting that there was not a dollar interest In default. Here Mr. Anderson asked permission of the court to make a statement , which was granted. Ho said that the Union Pacific road was In default to the tune of $1,634,315 , divided as follows : Union Pacific consols , H& ; Atchlson , Colorado & Pacific U's ; Jewell County & Western 6's ; Fort Worth & Den ver City C'a , and the PanhandleG's. . Mr. Andersen proceeded to explain how these collateral trust bonds were secured. Then Mr. Hobson made- the statement that the receivers ot the Union Paclllo had not filed a single report since the commence ment of their term of ofHce and that what 10 had got was In a. very fragmentary way , n view ot the fact that ha was constantly working In the dark. Incidental to the argument , Mr Hobson stated that on the following bonds tlm Union Pacific ore not bound to pay IntcrfiKt ; Atchl- ROD , Colorado & Pacific , Atchlson , Juwoll County & Western , Fort Worth & Denver City , Pan Ilamllo mortgage. In the aboyo the Union Paclllo has little Interest , being altogether a stock Interest , and they , are ioavlly bonded. The Interest on the following have been paid , said Mr. Hob on. Atchlxuu & Pike' * [ 'oak. Contra ! branch 7 per cent funded In- ; erest ; Idaho Central first mortgage , Kearney - noy & . Black Hills , Oregon Hallway and S'avleatlon company , first mortgage 8 per cent ; Oregon Short Line , first mortgage ; Oregon Short Line & Utah Northern Con solidated , Union Pacific Coal company , mort gage , Utah Central first mortage and the mtlro bonded Indebtedness of the Union 'aclflc company proper , Including the Ogden Ino , Kansas Paclllo Hue , sinking fund , land ; rant bonds , government requirements , etc. , Hah & Northern first mortgage , Utah Southern extension mortgage' , Utah. Southern Irat mortgage , Utah Southern general mort gage. gage.CONDITION CONDITION OF OTHER BONDS. ' The following bonds are owned absolutely or controled by the Union Pacific company and are held In Its treasury or.In various rusts , and. no Interest U required to. bo ) atd upon them us long aa the Intercut In he trust agreement under which they are telil Is paid ; Columbus & Palouso , Denver & Boulder Valey. Denver , Ltadvllle & Gun- utaon , Echo & Park City , Golden. Moulder i Carbon. Green Htver water .works , June- 3lty & Fort Kearney. Cs and 7a. Kansas Central , Lawrence & Emporlo , Manhattan , Alma & DiirlltiRtdli , ! bmnhft & Republican Valley consoldnlotU first mortgage Cs nnd first mortgage 7s , constituting the Indebted * ness of that ro.i'L Oregon Hallway exten sion first mortgage , Hattlesnnke Creek Water company , Snlnd ( & Southwestern , the Salomon. Union PnVlflc , Lincoln ft Colorado rado , Utah & fI6rtfe.rn ! , Washington & Idaho , Union PndflcT 'Collateral trust 4 ,4 , Union Pacific EqHIpit'ient trust Cs , Knnsns Division nnd Collateral trust Cs , Kansas Pacific east division isubordlnnlo Incomes , Utah Central flrsti.mortpnge , Utah Southern first mortgage. j Interest upon the , .following bonds and collateral trust bonds , continued Mr. Hobson , la not yet duo. but-II Is secured by bonds of the roads referred to and shown to bo cnrnlng their Interest , nnd there Is no rea son to suppose the Interest wilt not be paid upon them : Union Pacific Equipment trust Cs series A , Union Pacific Equipment trust Cs scries B,0malm Bridge Cs , Omaha Bridge renewal ns. The Interest upon all the collntoral trust notes except as stated Tuesday Has been paid and Is being paid , Including Iho American Trust company of Boston 6 per cent and the Union Trust company of New York nnd Drexcl , Morgan ft Co. These exceptions are the Oregon Railway nnd Navigation Collateral trust , the Oregon gen Hallway and Navigation census Cs , and the Oregon Short Line and Utah Northern' Collateral trusts. Interest on these ma tured Mnrch 4 , 1891 , nnd they have doubt less been provided for In similar manner to other trust agreements. Interest on the following has been paid : Kansas City & Omnlia first mortgage , the majority of the bonds are owned by the Union Pacific company and It takes a ma jority ot a majority of the bonds to fore close ; St. Joseph ft Grand Island , In which the Union Pacific haa only a stock Interest , Leavonworth & Topeka , which has been abandoned by the Union Pacific company. Without concluding his argument the court took a recess until 2:30. : CLOSES HIS ARGUMENT. Mr. Hobson resumed his argument at the afternoon session of the circuit court , em phasizing his statements mndc during the morning session as to the standing of the Union Paclflc and Its bonds. lie stated that three classes of bonds were due and payable by the Union Pacific , Oregon Hallway & Navigation company's trusts , Oregon Rail way Si Navigation Cs and Oregon Short Line trusts. Ho stated. that the main line of the Union Pacific company had earned over and above Its expenses about $2,000.000 , which he Insisted ought to bo taken Into consideration by the court , and hi- further stated that the receivers had made applica tion to the court for permission to spend about $5,000 per month for the Oregon Short Line , which led him to Infer that It was the Intention of the Union Pacific receivers to maintain contracts on sono of the branch lines , therefore why not all ? In closing ho said It was the purpose of the Union Pacific receivers to disintegrate and sell out properties that were Inimical to the Interests of the Union Pacific. "If we have been a guard , " said he , "to keep up rates In the past wo can bo so again. " "Personal feeling , " bald Mr. Hobson , "has done moro toward starting this fight than anything else. If the receivers nnd counsel had mot our receiver on anything like fair terms these disagreements would not have resulted. Wo are willing to cry quits nnd promise to operate the Gulf company along any lines your honorarjny down. " A. E. Pattlson.representing Frank Trum- bull , receiver of the Gulf company , followed his colleague , Mr. Hobson , In closing for the Gulf company. aMr. Pattlson , In opening , stated that It clearly appeared that the con tract ot April 1 , ISpO.-tvas the very founda tion upon which thA legal nnd equitable rights of the Gulf company rested. Ho went on to say that as early ns 1889 the contract made In 1S90 was talked about. Ho stated that the Gulf company consists qf twelve " constituent companies , eight"of these com panies being owned or.operated by the Union Pacific. Ho farther said . that Charles Francis Adams , 4s ifresldent "of the Union Paclflc compntiy.venglh'eered the transfer of these companies to the Union Pacific , the secretary of the .fl/ilou Pacific Tactlng as sec- Iretary of the colis ltuent companies In the transfer. < , "tf * * * * * ItN PERPETUITY. He then , went on to review the covenants In the contract , of .AprU 1 , 1890 , ' arguing 'that ' the contract was ono of perpetuity , , binding the parties forever. Aa to the ele ment of consideration ' , he cited the clos ing paragraph of , the contract lttelf , , In reply to a question of Judge ; Sanborn , 'tho closing paragraph stating that the Union Pacific , Denver & Gulf should bo allowed to main tain an independent office In the city of Denver. In explaining the suit of John Evans , ot which much has been said , Mr. Pattlson argued. that It was for specific performance , if .was . ; for the affirmation of that contract that Evans sought the help of the courts. MrrTattlBon went on to ar- " gite as to the 'appointment ot a receiver In the Gulf case.He stated that up to De cember 18. S. H.-.H. Clark , Oliver W. Mink nnd E. Ellery Anderson had operated the Gulf system for thorevenues that the Gulf would bring them. Ho stated that a sepa rate receiver was asked for , and after readIng - Ing the bill Judges Hallett and Rlner granted the petition. "Would , you not have done the same ? " asked Mr. Pattlson , addressing the court. "If you ask.me . that , " said Judge San born , "I will say that I had a similar ap plication at St.-Paul 'In the Northern Pacific case and refus6d"lt. " ' , This was' a""straw Indicating the trend ot the mind of the court. Upon the conclusion of Mr. Pattlson's speech , -Judge Sanbbrn ' said that If Mr. ' Thurston would con'finc himself to a con sideration of the measure of compensation that should bp paid Jiotwcen October 13 and December 18. hollpught ) the court.could reach a conclusion a.s to the other nlattera In controversy wltholt | further'argument. THURSTON'S , CLOSING SPEECH. Mr. Thurstoir then''commenced his closing argument for the receivers ot the Union Paclflc. Ho .stated that the companies party to the bill for the receivership were ! Insolvent nt the time' , the bill was brought , hut he thought 'the counsel had lost sight of the difference between the Joint receivers of the Union Paclflc and the Gulf company previous to December 18 , when Mr. Trumbull was appointed. Mr. Thurston stated that there was a contract Very similar to the ono. at bar between the Union Paclflc and the , Oregon Short Line and Utah Northern. Ho asked whether the court would contend the mcney should be paid on the bonds of the Oregon Short Line nnd protect the property , whllo the company would be compelled to default on Its main line bonds ; In other words , take money earned by the court and pay Interest on certain bonds to the detri ment of other bonds. He stated that there were other lines operating under similar con tracts which showed no disposition to got away. Right hero Judge Sanborn asked how many companies -there were and Judge Thurston replied the Oregon .Hallway & Navigation companv'.twhlch Includes all lines west ot I < 1iilioiyiJ ; 9Jregon Short Line and Hallway -company ; ' vast system In Itselt extending over WjMmlug , Utah and Montana , being the. mlddl3 ' ( Ink In the- great system , nmUtlie'Sh Joo'JiVQnind Island , which draws with It , the Kansa's/qilrft Omaha line. Judge Sanborjjilfil/ed ! / If the receivers had given notice to AW lines that they would refuse to-operatoi an the contract , Mr. Thurston replloit-.that . no formal notice was given , except tlrttt' lif the case of the Oregon Railway ft Navln.itam company a separata account w s bcffiK.KPt ; ns to the others tho- receivers were simply waiting lo SOB what action would bo necessary. "None of thciQi qcljgatlons that hare arisen to burden the Vnlon Pacific have been part of the ndnilnlsjrp\ion of S. H. II. Clark or Sidney Plllon or have they "been presented - sented to the Iev | ) ( department ot the system cast or west. They hnyo not been shown to the law departinent until after the Impres sion of tha corporate seal. God knows I am responsible In my brief career for many acts of omission nnd' commission , but when pos sible I try to Correct some ot the false Im pressions that preyull , n .to the legal depart ment of this great road , " This outburst from Judge Thurston wail called out by the. statement that the legal department ot the Union Paclflc had drawn the Gulf contract at bar. Beforp Judge TlroratOn could conclude his argument iho court adjourned until 10 o'clock this morning , when Receiver Anderson will close the case for the Union Pacific. Schrilnlc. The settlement between the Union Pacific1 receiver and the telegraphers was made on the basis of a gross amount of reduction In the salary list , the reduction to be ap portioned by the operators themselves , the only restriction placed upon thorn by Mr. Clark In this retard being that It should bi so adjusted an to fall equitably upon members nnd nonmembcrfl of the Order ot Hallway Telegraphers on the system. The men wont out to consult on the rear rangement .at the schedule , and yesterday presented the results ot their labors In this line to Mr. Clark , A largo portion of It wax gann over and no points of difference have bre'n ' struck , and none are likely to bo , as the men have arranged the now schedule with great care. Now l'mt , M | 1 Ncrvlm. CHICAGO. March 28. ( Special Telegram to The lice. ) Next Monday morning a new fast mall service will bo inaugurated on the Northwestern road between Chicago and points In Iowa ami southern Minnesota. Ar rangements for tlm now service were com pleted this afternoon by Captain Jamea E. White , superintendent of the railway mall serVIce of the United States , and Captain L. L. Troy , superintendent of tlm Chicago dlvlslttn. A train consisting entirely of mall ami express cars will leave Chicago at .1 a. in. , arriving at Clinton , la. , at G:20 : a. m. ; Cedar Haplds , 12:30 : p. in. , and Council IllUITs , 5:05 : p. in. It will make connections with all lines north and northwest of Cedar Haplds and Ames. Mall matter leaving Chicago cage on this train will reach all the main railroad points In northern Iowa and south ern Minnesota from six to fifteen hours sooner than they do now. DEAD ON THE FLOOR. How I'nink Dietrich , it I'rlutrr , Came to 111 * 1'ncl Fjint Night. Frank Dietrich , a printer , was found dead In the composing rooms of the World-Herald , where ho was employed , at 11 o'clock. Last evening at C:30 : ho went to the com posing rooms of the World-Herald and spolto to some of the other printers much In his usual manner , which was as a rule quiet and unassuming. He passed down the east "alley" and got up on 'a stool opposite to whore S. S. Smiley , compositor , was work- Ing. Ho KTT u moment , looked .over at Smiley , said "hello , " and then his head fell on the case and he appeared to bo asleep. After some tlmo Smiley reached over and shook him , Smiley then told him to brace up and go homo. Dietrich paid no particular attention to him and In n few moments ho toppled from the stool to the floor. Smiley and a couple of the other compositors carried him to the end of the room and placed him on the floor , with his head against the wall. He was breathing then anil It was thought ho was Hlmply drunk. Several hours after wards It was found that ho was dead. The body was taken to the morgue. Dietrich had two sisters , who live In South Omaha , and a brother , who Is employed on the Rocky Mountain News at Denver. His mother resides at Genoa , Neb. E. N. BROwiF8ANDBAGaED. Jtuhbrr Ilcwnrilril by Only Thirty Cents M'ns it Ilnrd Itlow. Ed N. Drown was assaulted nnd robbed In front of the Citizens State bank. Twenty- fourth and Cumins streets , at 1 o'clock yesterday morning. Mr. Drown said he was walking up Cumlng street with his head down and had Just turned the corner of Twenty-fourth when he was felled to the pavement by a blow from a sandbag. He was knocked senseless and ho remembers that some one was going through his clothes Just as he was coming to. The robbnr got 30 cents. Thanks to the Introduction of Salvation Oil , young bicyclers need not fear a fall. 25c. Cottugo Itilrnrd. At 2:30 : yesterday afternoon a one and one-half story cottage , G009 North Thirtieth street , owned by J. P. Kerchcval and oc cupied by Mr. Eustls , was damaged to the extent of $400. .There was $100 Insurance on the building and $25 on the furniture. Fire damaged the Elite billiard rooms In the United Stales National bank building to the extent of $50 at 12 o'clock last night. Dewltt's Witch Hazel salvo cures piles. o Marring ) ) I.lveiiBcs. The following marriage licenses were Is sued yesterdays Name nnd address. Age Lewis Henderson. Omaha 30 Eva Johnson , Omaha , . . . 23 T. S. Kelly , Omaliii 28 May L. Lacy , Omaha 2G Marcus Martens , llennliigton. Neb 26 Mary Oudeker , Hcnnington , Neb 18 A picnic Is not complete without some Cook's Extra Dry Imperial Champ'agne. lunch with It is fit for the gods. Flooded the ISiillilliiK. By the blowing out of a valve In a radiator Mrs. J. lienson , 1517 Douglas , suffered qulto a heavy loss last night. The radiator is situated on the third floor of the building and the water soaked through the floor and ruined several hundred dollars worth of goods. Hclng Poor Isn MernTrlflo , But to bo without Old Dominion Cigarettes is a calamity. Photograph In each package. TKl.Ktin.ll'Tlia JI1CIEFS. Domestic. A rich vein of gold has been found within ftvo miles ot Fairfax , Minn. J. V. Dickinson's Jewelry store at Toledo was seized yesterday on executions. Emb'ezzler Cronkhlte will leave Los Ange les , Cat. , today for Indiana In charge of an officer. The senr.to yes'terday confirmed the nom ination of John S. Flatcry , Oklahoma City , Okl. , to bo postmaster. Four Chicago firemen were seriously In jured at a fire In Weller Bros. ' malting ma chinery establishment yesterday. The court-martial fll Commander Heyer- mann of the Kcarsargo 1ms closed and a ver dict Is expected today or tomorrow. The remains ot Alfred H. Colqultt were Interred In the Hose Hill cemetery at Marango ycatcrady with impressive cere monies During the last few days , according to the Iron Ago , a decided improvement has been observed In the Iron trade throughout the country. Eugene Kelly of Now York has been nominated by the Joint democratic caucus of that state as candidate for regent of the university , William M. Fredericks was yesterday held to answer , by Police Judge Joachlmsen of San Francisco , for the murder of Cashier Herrlck last Friday. The statement tliat-IIowaril Gould Is to marry the young actress , Odette Tyler , was confirmed yesterday , both by Mr. Gould and the young lady , Prondorgast , the assassin of Mayor Har- 'rlton ot Chicago , was kept In u dungeon yesterday because of his violent exhibitions of temper nnd refusal to cat his meals. It la understood the men who Informed against the Carnegie Steel company are dls- 'Batisflcd at Secretary Herbert's report on the armor plates frauds and may urge a congressional Inquiry. The democratic congressional commutes formally opened Its new headquarters in Washington nt the Wormloy last evening with a reception attended by u large and distinguished company. The medical profession was well repre sented yesterday before the house committee Bf Interstate" cotnmerce on the bill establish ing u bureau of public health within the 'Department ' of the Interior. Charles Kotchmn , alias Charles Hardln , the uxprc&s messenger who robbed Wells , Fargo ft Co. of $35,000 between Cincinnati 'and Louisville' nearly two years ago , was X'aptured yesterday ut Alrno , Ark. The tug boat Hero , belonging to Arm strong llros. of ; Point Pleaiant. Va , , burst her boiler yesterday whllo lying alongside- the Annie L , killing the engineer. John M. Gflllln , and wounding several others. Frank I ) , and Logan Husscl , owners of several thousand , dollars worth of property in North Denver , were arrested yeatorday nn , the charge , of having bribed voters to vote for annexation to Denver by glvlne them ' lots. Harry Lee applied to the Gulesburg , III , , l > olir yesterday for food and shelter , llo said ho was a Imthor ot General Hobert E.Leo ot Virginia , llo said the family have bucanio Impoverished In the south and ho had como north to make money. Complaint has been made to the State Veterinary board ot Colorado that Utah sheep men have Invadud Mesa , Delta and Qarllcld countless with ahecp Infected with scab , Feeling runs high and Governor Wallo may have to call out the mllltla. Mr . Strickland nnd her husband of Ante lope Valley , Nov. , have been placed under arrest for the murder of Mrs. Kgglcston several weeks since. It transpired that the senate committee on foreign relations did take action nn the Chinese treaty yesterday , and while the Ronato was In executive session reported It for ratification. A motion to make the treaty public was objected to and was not pressed. An Austrian nobleman will bo burled In the potter's field at St. Lou I a today. De scended from nn Illustrious family and with the secret of a otrangc crlmo locked in his breast , Hugo , llaron von Lniidun , dltd with out the commonest necessaries of life In that city yesterday. The announcement that Howard Gould was engaged to marry Mlns Klrkland , a daughter of General Klrkland of Tennessee , has mystified Tennessocans. There Is no General Klrkland known In the state. Mlaa Tyler Is well known In Nashville In her profes sional capacity. The ship Iroquola of the Stilton line , Cap tain Nlcolls , arrived at San Francisco yes terday after a voyage of 137 days from New York. An hour or two later the Arabia , Captain McLoonr was also to\\cd Into the same port. These vessels left Now York on the same day. Articles of Incorporation of six different telephone companies were filed yeslerd.iy In Arizona , the outgrowth of the expiration of the patent on the Hell telephone. The parent company Is called the Standard Telephone company and the sublncorporatlous cover all states and territories. Hon. Walter S. Baker , chairman of the state democratic executive committee of Texas , has issued a call to the democratic party of Texas for a state convention to beheld held In Dallas , Tuesday , August 14 next , for the purpose of making democratic nomi nations to fill the state olllccs. According to notice the strike at the Crane factory began at Chicago yesterday and 2,000 men who did not return to work ore no longer In the employ of the company. Because of an adverse opinion parties to a suit before Judge Mackay of Enid , Okl. , have threatened him with assassination. The report of Messrs. J. . . Graves and A. P. McGlnnls , receivers of the Bear Val ley ( California ) Irrigation company , has been filed In the United Status circuit court nt Los Angeles. The receivers were appointed by Judge Hess , March 5 last. The report shows the company's total Indebtedness to bo $1,221,259 , and assets $2,000,000. The strikers of Patterson , N. J , , held a meeting yesterday for the purpose of dis cussing tiio schedule submitted by the silk manufacturers. After qulto a discussion they adopted the new terms. The silk manufac turers held a meeting also In the Board of Trade rooms , but showed no disposition to give In to the strikers. Foreign. The social congress held an Interesting session yesterday at Vienna. Emperor Francis Joseph of Austria started at 7 o'clock yesterday for Abbazla. A special dispatch saya , at the request of the president of the parliament and promi nent liberals , Herr Maurice Jokal , the well known Hungarian novelist and writer , has consented to deliver the oration at Kos- suth's grave. The railway saloon carriage of Prlnco Albrecht , prince regent ot Brunswick , was run into yesterday by a luggage train at Vlncnburg , Brunswick. The prince was thrown to the floor ot the carriage by the collision , but beyond a somewhat severe shaking up he was not Injured. ChiEdren Cry for s Castoria. Children Oryfor Castoria. Children Cry fop Pitcher's Castoria. COTGnKD WITH A TASTKI.KSS AND KOLUIII.K rOATI.VO. A WONDERFUL MEDICINE FOR Imlltiftllon , Ifantnf Ai > i > tHlf , JWfurji n/trr Html * , l'o if/ii/ ( , Xltloii-m of Ilif Slomneh , Jltllotu or T.trrr Cnm plaint * , Sick llmitarbethttl Cliltl , 1'lunMngtof Jlrat , fairness of Spir its , anil AH Nervtnit Affettlont. Toonra th * o enmpltlnt * we mini uninfni In * CMM. The prlnclptl rtum It gei rllT < iVJi'wS'i11 ' " lh' < | < " " "ch Illul ' , ' " ' i " ' " ' Iwrttofoiir IMIU iyi\"e'n1 \ ] r"tnrn i'ho'rl tlmo ! tlllrmior * th .ll , id rB ior the .uHerer lOBOimiUnd Ustlnff liollb. ! Of nil drucglntfl. rrioo an cents ft box. ! Now York DoKt | , .1(1 ( finiinl m. ' AMUSEM HINTS. iThflij | , March 29 GBAJJD COUCBB.T , Ciiino and Hi-piul an oviniltur wllli the XVurht'H ( ireatoit Vlullu Virtuoso , And hlH 1'ocrlem Roniivmy of lliiNlind nrtlHtt In one of tlii-lr liicuniparnblti MUSICAL PROGRAMS. Holdlnsr BM'Il-bouiul | the most critical audiences for 2-LONG , HAPPY HOURS-2 I'acklnc th U'lrirr-st Thoatms of every city. BOYITS 30 AND 31 , Affif/rioc Hiif nrilny , Thn Nt'uromatitliiuo Comedian , THE GREAT IN HIS NEW MARVELOUS ENTERTAINMENT INCLUDING TIIK ESCAPE FROM SINO SINO THK MYSTERIOUS SWING AITTE11T1IK HALL THK NKW SPIRIT SKANCH A * woa MME. HERRMANN SPECTACULAR DAH3E CRFATIONS- NinitT PRKiES-Sl.ffll , H.W ) , 75f , Title1 and S.fo. MATINEE 1'llIQEii-f 1.00 , 70o , C.Ue . and 'Be. S'SSAV. APRIL 1 and 2. THK FASIIIOKAI1LE EVENT OF TIHJ SEASON , And tlio Whitney Opom Company in the FENCING- MASTER - Presented with a Great Cam A Chortm of CO Voiced A ( Iranil Orcliostr.i. The orlelnul metropolitan production , IloK nliuutu will open Saturday niomlnsf. I5ih Street Theatre POPULAR 1'KIOKS. TONIGHT. OKCK AGAIN ! ! ! THE MILL1ONAUIE3 Of FUN HENSHAW AND TEN BROECK IN THE NEW ' " NABOBS. Matinee Saturday. I5th Street Theater ! ) POPULAR P RIO KB 4 NIGHTS Oommciiclni ; Niiiiilny Aliitlnee , ATItll , 1ST. THE FAMOUS ZEB" HODSHR COMEDY Special Scenery-StroncCiHt-It'H : a ( rood thliiBI funny , too. Kvcrytlihiif ni'W ami up to diito. MATINKK WEDNESDAY. When -we are gone you will realize wnat you missed , for we are going and our stock , too , prices no object at all. Anybody can buy the whole business or any part of it any price within rea son. . 1,500 PAIRS OP ODD PANTS. IN ALL 60c SHADES AND PATTERNS. WORTH UP TO $12.00 , GO NOW AT THK COMPELLED TO QUIT PRICK OF 25 HOY'S SUITS THAT HANGK IN PRICE ) FROM $2.GO TO $3.00 , AOKS 4 TO $ F5 14 YEARS , NOW GO AT THK COMPELLED TO QUIT PRICE OF 100 ALL WOOL CASSIMERB AND CHE VIOT SUITS , AOES 4 TO 14 , WE AL $1-50 WAYS GOT $5 , THEY'RE COMPELLED TO QUIT AT , AN ELEGANT HOY'S SUIT. COAT. PANTS AND VEST , SIZES UP TO 18 YEARS , WORTH UP TO $5 , THE MAKING $1-50 ALONE COST MORE THAN OUR COM PELLED TO QUIT PRICE THE FINEST KIND OF CHILDREN'S IMPORTED - PORTED CHEVIOT SUITS. DOUI1LB I1REASTED OR SINGLE , ELEGANTLY TRIMMED. WORTH UP TO $8 , COM PELLED TO QUIT AT 100 CHILD'S 2-PIECE SUITS. IN ODD SO SIXES , WORTH UP TO $3.50 , ARE COM : $2- PKLLED TO QUIT AT . 150 MEN'S SUITS IN GRAY AND OXFORD - FORD AND PIN CHECKS , WE ALWAYS $3 .00 GOT JC.60 , 1JUTVE ARE COMI'ELLLBD TO QUIT. 350 MEN'S SUITS IN ALL THE DUSIHA- HU5 SHADES , WELL MADE AND $4 ,00 TRIMMED , OUR REGULAR $8.60 SUITS. COMPELLED TO QUIT AT ALL THE DARK GRAY. SILK AND ,00 FANCY SLEEVE LINED SPRING OVER , COATS THAT SOLD FOR $3.00 ARE COMPELLED - PELLED TO QUIT , AT 13th and Farnam.