Omaha daily bee. (Omaha [Neb.]) 187?-1922, March 29, 1894, Page 2, Image 2

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    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.