' .TJ1J3 OMAHA DALJjl' JU3K : SI U I , I8 5.
SECTION MEN WERE DRUNK
Sensational Charges Made in the Davis
Trial at Lincoln ,
WITNESSES ALLEGED TO HAVE SOLD OUT
Ilcfonor rrnilncr * TriUintiny I'litclnn
tlir llork Inlnilil llnllronil Com
pany In llnllicr n Iliul
LINCOLN , Nov. 23. ( Spec hi. ) H Is evi
dent that the dcfcnw In the George Wash
ington Davis murder case In putting In
stronger testimony that at any of the pre
vious trial * . Ed Huffman testified this
mornlnR that he was fairly well acquainted
with the section ga.ng at that time em
ployed by the Hock Island company and that
on thfr night of the wreck they were Indi
vidually and collectively drunk. This In
formation was nhot out of him before the
court could Interfere In response to an ob
jection by the prosecution , and It reached
the Jury for all It was worth. The court
would not permit the testimony to be con
sidered on the ground that the men whom
Huffman taw drunk had not been Identified
JIB the ones who repaired the trestle , If , In-
de d , It had been repaired.
T. J. Stepney , a colored barber , la a
brother of Eph Corncal. Ills evidence was
nsnuatlonal. Ho testified that on one occa
sion ho was present when Captain Hllllngs-
Icy and R. J. Orcen , attorneys for the Hock
Island road , called upon Corncal. The latter
was In bid. On ? of the attorneys gave Cor
ncal a handful of silver and told his wife that
If she needed anything to let him know.
Corneal Is one of the witnesses for the
prosecution. Huffman said that he had bien
told by George Uotts , another witness for
the state , that he ( Holts ) waa In receipt of
$3 per day for being a witness In the case.
WAS HUNNING VRRY PAST.
J. C. Puetz , a traveling man , said that ho
boarded the t'aln at Kan bury and that
after leaving that point It made a tre
mendous rate of speed , nearly sixty miles
an hour. He taid the train swayed tw
heavily that he was afraid to cross the
platform from the smoker to another coach.
Cross-examined ho said he had filed no
claim against the company , although he was
one of the Injured In the wreck.
Charles Monte , a brakeman on the Bur
lington train that came up to the wreck
shortly after the accident , nald that lie
heard Harry Foote , a brakcman on the
fated train , say that they were running at
great speed when the wreck occurred. Con
ductor Lawson of the Burlington tes'.lfled to
the same effect. We added that a slight
defect In the track , such as a loose joint ,
would be dangerous when the train had
gained a high rate of speed.
It Is thought the trial will not be con
cluded before Wednesday of next week.
A man giving his name as Walter Dover
was at the police station this morning ,
charged with having escaped from the
Asylum for the Insane. He Is the person
whose , description tallied so closely with
that of Thomas Finn , who was arrested for
taking a hat from a local More.
THEATRH MANAGERS QUARREL.
The annual row Is on betwesn the two
local theaters and the belligerent managers
are snarling at each other. Last winter
the trouble broke out over the appearance
at the Kunke of Pauline Hall. Manager
Church of the Lansing said that the actress
was billed for his play house and there was
Bomo talk of legal proceedings. This year
the disturbance arises over Dave Henderson's
"Slnbad. " Each manager says that It will
glv the play Thanksgiving day , and It Is
understood that the company Is signed for-
bolh-i houses. Today the Lansing people-
were spreading paper for the show , but It Is
said that It will be seen only at the Funke.
In addition to this there Is a rumor afloat
that Jacob L'tt haa-an eye on Lincoln , with a
view to erecting hero another opera house
similar In size and appointment to his Grand
opara house at * St. Paul and Including Lin
coln In his circuit. There Is a feeling in Lin
coln that the better class of attractions
which make Omaha fall to drop down to this
city and people here cannot understand It.
NEEDS OF WESLEYAN UNIVERSITY.
The needs of the Nebraska Wesleyan uni
versity , by special request will be presented
tomorrow morning In the Methodist pulpits
of this city. A collection will also bo taken
In behalf of education.
General Order. No. 12 , issued from the
adjutant general's office , authorizes the sur
geons of the Nebraska National Guard , who
are members of the Association of Military
surgeons of the United States , to wear the
Insignia of that association on all occasions
of ceremony.
A record of military service has been fur
nished from the adjutant general's office to
E. H. Gibson , late of company K , First regi
ment , Nebraska cavalry , who enlisted at
Omaha , December 8 , 1862. and was discharged
at Omaha December 1 , 18G4.
In the supreme court today was filed a
motion for a rehearing In the CJSD of the
American Water Works company , plaintiff ,
against the state of Nebraska , ex rcl , W.
J. Walker , defendant In error. In the former
hearing the defendant secured judgment. The
motion filed by the attorneys for plaintiff ,
Cornell & Ives , Is as follows :
"And now come the abova named plain
tiff In error and moves the court for a re
hearing In the cause for the following rea
sons. First. The decision of the court Is
based on the assumed fact that' the service
charged for , and which the relater refused
to pay for , had been already paid for by the
relater whereas the record shows the con
trary to bo true. Second. The decision of
tlio court Is that the rule In controversy In
this case unlawfully discriminates between
citizens In the same condition , whereas the
record shows that , although the- rule discrimi
nates between citizens , such discrimination
Is Justly madel between citizens In different
conditions a discrimination which Is unlaw-
6 in ah a people at Lincoln : At the Llndell
J. O. Eponetcr. Aup Meyer , C. E. Danforth ,
L Llske , M. F. King. James Allan , Richard
Smith. At Ihe Capital J. S. Bangs. At the
Lincoln 0. H. Oabourne.
IMnttmiioiilli IlimlnrNH CliuiiKc * .
PLATTSMOUTJI , Neb. , Nov. 23. ( Special. )
A very Important business change took
place here yesterday when A. H. Wick-
bach & Co , , closed the bargain whereby
Mcrcra J. V. Egenberger and Robert Troop
nHsumcd control of affairs In the. large
grocery store In this city , The new
firm was engaged In a like busi
ness hero a number of years ago under the
tame firm name. Wlclibach will nettle up his
affairs , and depart for Germany , but Is un
decided as to whether he will remain there.
Mrs. Herman Herald departed this after
noon for Orient. la. , to visit her daughter ,
Mrs. Will Skinner.
The Church of Christ congregation of this
city has recently completed some extensive
repairs on their church building , and to
morrow Bishop C. M. McCurdy will deliver
a dedicatory sermon at 11 o'clock a. m. ,
peaking again at 7:30 : p. m.
The I'lattimouth Woman's club was en.
tertalned last evening at the home of Mrs.
Byron Clark , on High School hill , In this
city. A delightful time was had. Music ,
cards and socal gossip furnluhed the en
tertainment.
Mrs. O. H. Snyder entertained this after
noon at "coffee" In honor of her sUter Mrs ,
Joseph Reed of Council Bluffs. Those present
were ; Mesdamw Joseph Reed , Council Bluffs ;
Bamuel Maugh , S. II. Atwood , Samuel Chap
man , C. F. Stoutenbourough , Julius Plpper-
bcry , H. B. Wlndham , F. E. White and Frank
WlUon.
About forty members of the German Evan
ccllral church of Plattsmouth Invaded the
home of their pastor , Rev. M. Schroeder ,
last evening and completely took them un-
iwares , their calling being to remind the
hostess that her sixtieth birthday had ar
rived.
St. John's Catholic church of this city
will be solemnly dedicated Sunday at 10:30
i. m. , by Bishop Bonacum , assisted by tev-
H-ul priests. After the dedicatory ceremonies ,
the bishop will preside at pontifical high
mats. The sermon will be preached by
Fattier Nugent of the procsthedral of Lin
coln.
coln.Leo Pollard of Nehawka Is In the city
today , _ _ _ _ _ _
llrttrr Than Much Flue Gold.
M'COOL JUNCTION , Neb. , Nov. 23.
( Special. ) While It Is believed that gold
can b found here' In 'the vallijr ot the Blue ,
Uin flowing wells ar < PoflsTjtjcti liy farmers
as if much more \i\ut \ than tht prospective
walth cf thft KM Ma * . TifS flowing welli
arc belnc founl near MeCoitl. Two wells
have been located in tliti cefinlr and num
ber of farmer * near h re ra"pnlng o bore
for the nrtcilan il w. Onp thing It peculiar
abviit this attcslnn flow. Men using common
well augers bore down to a depth of eighty
to 12. , feet and an abundance of water gushes
up about three to six feet above the surface.
The valley of th > fJlue In which McCool Is
situated Is dotted with fine Improved farms
and li conildered the nm t productive agri
cultural ds ! rlct In York county. Good im
proved farms hero arc offered at $25 to $35
per ncrc , which will double and trlble In
value when tfic flowing well Is bored.
AVKI.TY-NOHIIIS CO. > THST IIHOU.V.
Tmtltnony MM to Wtui AV'nn
ntretiMl DUIrlct .Iinl c.
HRAVKR CITY. Neb. , Nov. 23. ( Special
Telegram. ) Evidence In the Wclty-Norils
election contest was taken hero today before
the referee , J , F. Cordcal , appointed by the
supreme court to Investigate the charges
ot election frauds In this county , as charged
In Judge Welly's petition for a mandamus ,
Before the taking of any testimony Welty
withdrew all charges ot fraud against County
Cleik McFadden , T. H. Frances and D. E.
McClelland of the canvassing board and At
torney C. S. Andereon. The Investigation was
restricted to the returns from Union pre
cinct , In which It had been charged that
Norrls' vote was changed from forty to forty-
six The poll book was opened and Identified
and the- officers of election of Union precinct
were examined. The Ully showed forty-one
votes , the footings In one place forty-six
and where written out In full forty. Whether
or not the- book had been tampered with ,
experts were unable to determine. One of
the Judges of election testified that In making
the footings a mistake of five or six had
been found and that a dlsputo had arisen ,
but whether It was as to the vote on district
judge he was not positive.
It also developed that a person not a mem
ber of the election board had assisted with
the tally on the night of election , also that
the duplicate poll books had not been com
pared ; neither had one of them been deposited
with a Judge of election until after the can
vass of the county had been completed.
County Clerk McFaddsn Is 111 and unable
to testify.
Not CJnllljof Kant Driving.
FREMONT , Nov. 23. ( Special. ) The jury
In the case against Arthur Dauman , charged
with violating a city ordinance by fast driv
ing on a business street , brought In a ver
dict of acquftal At 11 o'clock last evening.
Dauman was convicted In police court and
appealed to the district court.
'Ctnderllla" was given at the Normal
school chapel this evening by a company of
children under the direction of Mrs. EHarlo.
The little ones acquitted themselves very
creditably and showed that they had been
carefully trained.
In the place ot the usual literary pro
gram at the Woman's club this afternoon
an excellent musical program was rendered.
The club Is constantly taking In new mem
bers and maintains the high standard It has
had since Its organization.
Judge Marshall this morning sentenced
George Irvln , who pleaded guilty to the
charge of having In his possession with Intent
to pass a forged order on H. Ulumcnthal , to
six months In the penitentiary and to pay
a fine of $3. ,
Iluny TrKlt III * Coiiti-Hl.
IMPERIAL , Neb. , Nov. 23. ( Special. )
Judge Welty has canceled the December term
of district court of this county , presumably
to attend to his contest against S. W. Norrls ,
the republican candidate who thinks ho was
elected Judge over Welty In the Fourteenth
judicial district. There hay been no term
of dls-trlct court In this county since Septem
ber , 1S94 , Judge Welty having canceled the
spring term of 1895.
Suit and attachment proceedings were be
gun against the cattle company of D. Gurn-
sey & Co. . of this county this week to re
cover $1EOO of a claim for constructing Irri
gation ditches on their lands by S. L. Kava-
naugh.
Full * City ItcniM of Intcrpnt.
FALLS CITY , Neb. , Nov. 23. ( Special. )
Norman Musselman Is visiting friends and
relatives In Beatrice.
Jule Schoenhelt of. Lincoln la In the city at
tending court this week.
Rev. C. Meyer will move to Plalnvlew to
take charge of the Lutheran church at that
place. '
Prof. William Reese was appointed by the
mayor as delegate to the Transmlsslsslppl
congress , whlcSi will be held at Omaha No
vember 25.
Mrs. A. Marsch has gone to St. Joseph to
spend the winter.
Mrs. Ed Mlnnick of Auburn Is in the city
visiting relatives.
The Falls City Produce company Is building
a 500-ton Ice house north ot the canning fac
tory.
City Note * .
NEBRASKA CITY , Nov. 23. ( Special. )
Dr. Q. M. Brlnker , the oldest physician In
this city , waa taken suddenly 111 at his home
this morning , and It Is feared that owing
to hlo extreme ago he cannot recover.
John V. Morgan and E. II. Morgan left
last night for Clebourne , Tex. , In response
to a telegram stating that their father , Felix
Morgan , was lying at the point of death at
that place. They were accompanied by their
sister , Mrs. J. C. Marline.
Miss Cella Burgert last evening entertained
a number of friends at the home of her pa
rents.
Miss Arvllla Chrlchton last evening enter
tained the members of the ZIon Rellgto so
ciety , and the evening was pleasantly passed
with a literary and musical program.
Social AfTuIr nt Viillfy.
VALLEY , Neb. , Nov. 23. ( Special. ) Mr.
and Mrs. William Dubols entertained a num
ber of their friends at their home last even
ing.Mrs.
Mrs. M. H. Redfield of Omaha Is visiting
friends here.
Mrs. F. A. Simpson of North Platte Is a
guest ot Mrs. J. J. Miller.
Mrs. D. Dennis of Grceley , Colo. , Is visiting
friends here.
The beet sugar growers think they have a
show to get their money out of t5ie crop , as
they have orders to ship ten cars a day until
further nptlco at the contract price , the last
sample standing the proper test.
Good fur Fnll Ornlii.
IMPERIAL , Neb. , Nov. 23. ( Special. ) It
began snowing hero yesterday morning and
the appearance Is for a good fall. This Is
the first moisture here so far this fall. The
ground Is so dry that It Is Impossible to do
any fall plowing except on lands lying on
the river bottoms and along the numerous Ir
rigation ditches In the county. The farmers
who own land under the Irrigation ditches
have been busy Irrigating their wheat and
putting In fall wheat ,
nt KuKclinil Aurnoy.
VALENTINE , Neb. , Nov. 23. ( Special
Telegram. ) Colonel J. T. Oglesby , who came
hero from McDonough , Ga. , In August , 1893 ,
as receiving and shipping clerk for the
Rosebud agency , has Just been commissioned
by President Cleveland special United States
Indian agent and disbursing officer. Ha
will bo succeeded In hlu position hero by
James A. Carroll of Brunawlcki Ga.
North I.oup I'nprr
ORD , Neb. , Nov. 23. ( Special. ) The Loyal
ist , republican and populist , and Hie only
paper In North Loup , has suspended publica
tion.
tion.The Ravenna Creamery company has pur
chased the Ord creamery plant and will open
up business In the spring. This Is a good
point for that business.
Unluu 1'iielllc llruUeiuuii Fntnlly Hurt
GIBBON , Neb. , Nov. 23. ( Special Tele
gram. ) William Jordan , head brakeman of
the first section of train No. 19 , was found
dying beside the track at the east end of
the switch at this place this morning. His
right arm and leg were cut off. Ills wife
and child live at Grand Island.
M. I' . 12iii | > Ioy * UuiiKcrouMly Hurt.
NEBRASKA CITY , Nov. 23. ( Special Tele
gram. ) George Goldiberry , an employe of
the Missouri Pacific at this point , was thrown
from a handcar thli afternoon and Injured
Internally , Ills recovery livery doubtful ,
Utuu County Knrmrr'M Homo llurued.
NEBRASKA CITY , Nov. 23. ( Special Tel
egram. ) The residence of F. W. Robb , nine
mlleu north of the city , burned this after
noon. Everything was lost with the excep
tion of ft lew pieces of parlor furniture.
PR N Ptt GTXJ KBPL * El AS ANTLx Y
THEY IIAVR COMI2 AT IAST
A delayed shipment of the 20th century
ladles' shoe , of which we hnvo the Bole
Bale In Omaha , A tailor made shoe for the
new woman like nothing shown In the
city. It Is enamel or French calf and
* 3.00. We nlso have It In the J3.60 and
* 4.00 qualities. Send for our Illustrated
catalogue , free.
Drexel
Shoe Co. ,
1419 Foruam Street.
SURPRISED LEGAL LIGHTS
Peculiar Decision of the Attorney General
of Nebraska ,
REPLIES TO THE GOVERNOR'S ' QUERY
lint Inxlxtx an Mnkiiiir the Hoard ot
rulillc LniiilH mill llullil-
Play it Prominent
1'nrt.
LINCOLN , Nov. 23. ( Special. ) Attorney
General Churchill has filed a remarkable
opinion In the case of Andrew Dcbney , the
Nance county wife murderer , undcr , sen
tence of death and declared Insane since
his conviction. It Is remarkable In that In
the closing paragraph of an opinion requested
by Governor Holcomb the attorney general
has brought down upon himself the ridicule
ot quite a number of legal gentlemen by
bringing the Board of Public Lands and
Buildings Into an affair with which It
has nothing whatever to do. Its assump
tion ot any duties In the premises Is con
ceded to be unwarranted and unprecedented
In the history of Nebraska executive bust-
ness. The opinion In full Is as follows and
Is addressed to Governor Holcomb.
"I have carefully examined the transcript
of the proceedings In the case of the state
of Nebraska against Andrew Dehney , In rela
tion to his Insanity , and also have carefully
examined the statutes bearing upon the same.
It appears from the proceedings t'nat they
have regularly pursued the course pointed out
In the statutes , Criminal Code , sections C53 ,
C54 and 555 being sections 72S3 , 72S4 and
72S5 of the Compiled Statutes of 1S95. And
In answer to the question as to what step , If
any , should bo taken to have the condemned
Incarcerated In the hospital for the Insane
during his Insanity , pending the execution of
the death sentence , would say tliat In my
opinion the statute governing Insane persons
contemplates that a person convicted of homi
cide may be confined In an Insane b.sp.tal , for
It Is provided In section 3GC2 of the statutes ,
In a proviso : 'No patient who may be under
charge or conviction of homicide shall be
discharged without an order of the board of
trustees. ' From this It would seem to con
template that a person convicted of homicide
may bo confined In ono of the hospitals for
the Insane , and under this statute there is
but one way of placing an Insane per.'on in
such hospital.
HOW IT MAY BE DONE.
"By section 3339 Che board of commissioners
Is defined , and by section 3340 It Is provldid :
'Applications for admission to the hospital
must bo made in writing in the nature of an
Information , verified by affidavit ; such Information
mation must allege that the person In whose
behalf the application Is made Is believed by
the Informant to ba Insane and a fit subject
for custody , and treatment In the hospital ;
that such person Is found In the county and
has a legal settlement therein , If such Is
known to be the fact , and If such settlement
Is not In the county , where It Is , If known , cr
where It Is believed to be If tbo Informant
Is advised on the subject. '
"The Information required by the section
just quoted In my opinion Is jurlsdlctlonal.
The next three sections point out the pro
ceedings and what tiie commissioners must
find. These , as It seems to me , are prereq
uisite to confinement In the hospital.
"It will be noticed that one of the things
required by section 3342 is whether , if in
sane , such party Is a fit subject for treatment
and custody In the hospital.- While this man
might be Insane , as found by the jury , yet
this commission might find that he was not a
nt subject for treatment. In this particular
case , or In this class of cases , I am of the
opinion that the sheriff ought to make the
application In the nature of an Information ,
verlfle/l by his oath , In which he ought testate
state , In addition to the charge of Insanity ,
that Debney has been charged with the. crime
of murder In the first degree , and had been
tried and convicted , an appeal taken to the
supreme court , where the judgment was af
firmed ; that ho was under sentence of death ;
that a jury had been Impanelled under the
provisions of sections 553 and 554 , and that
he had been adjudged Insane and the sentence
suspended by the order of'court pc-ndlng such
Insanity , and the Insanity commissioners , If
they find the prerequisites essential to his
commitment to the hospital , In their war
rant of commitment should rccltn these facts ,
In addition thereto. In order that the super
intendent may know that he Is convicted of
a homicide , and that he cannot bo discharged
except upon the order of the board of
trustees , or Instead of tbo board of trustees ,
the Board of Public Lands and Buildings.
"I will further say that If he should b :
cured In the hospital It would be the duty
of the superintendent of the hospital to In
form the Board of Public LandH and. Build
ings ; also the governor and the sheriff , and
then It would ba the duty of the board to
order him delivered over to the sheriff upon
the warrant ot the governor for the execu
tion of the sentence. "
Governor Holcomb has not yet officially
decided what ha will do In the premises ,
but It Is considered likely that he will early
next week order Debney to be taken to the
asylum at Norfolk , and there kept for life ,
or until such a time as be might recover
his mind.
LINCOLN'S SOCIAL SIUK.
LINCOLN , Nov. 23. ( Special. ) The various
links of Lincoln's social chain have rattled
rather musically during the past week , but
on the whole no particular coterie liaa been
boisterously giddy. The G o'clock tea given
by Miss Maude Harrison was an attractive
feature. Dainty china and glossy linens
adorned the tea tables and chrysanthemums
were the floral decorations , Tlila Is the era
of the chrysanthemum In social functions
and by the side of each plate reposed a
mammoth flower , The big parlors rang with
mirth and the grouping of guests was
especially fortunate. Tea was served In four
elaborate courses. Nearly fifty were present
on this eventful Saturday evening. Among
them were ; Mra. Barbour , Archibald Scott ,
Mrs. Taylor , Melssner , MUs Jones , Conklln ,
Louise Pound , Lillian Trester , Jessie Jury ,
Olive Latta , Nell Mullen , Halllo Hooper ,
Lulu Clarke , Bertie Clark , Charlotte Clark ,
Stella Rice , Anna Broady , Grace Broady ,
Lena Deweeie , Georgia Camp , Stella Elliott ,
Florence Winger , Lottie Wheedon , Mable
Rlchardtf. Thompson , Davis , Josle Freeman ,
Stella Kirker , Alice Rlchter , Laura Houtz ,
\\'illa Gather , Burr and Grace Lemming.
"Recent Scotch Fiction" was the principal
topic discussed by the Woman's club at its
literary and business meeting at the Ne
braska conservatory yesterday. "Altruism au
Portrayed by the Scotch Writers" waa din-
cussed by Mrs. G. W. Bell. Mn. J. V.
Maule led th dUcutolon upon the "Spiritual
LOOKS I.I KB A A
Be prepared In time Como to us , who
are headquarters on wedding sifts study
our stock of a thousand and one things
bought especially for the purpose. Nov
elties exclusive In silverware , cut glass ,
clocks , opern glasses , nt J1.50 nntl upwards
to the choicest gifts In the land , any of
which will be highly appreciated.
Mamdelberg ,
JEWELER , N. E. Cor. 16th & Fnraam
and Religious Phases of the Bonnlo Briar
Hush , " and Mrs. A. W. Dawes handled "The
Strong Types of the Bonnlo Briar Bush. "
An exceedingly clever paper on "Humor and
Humorists" was read by Mlra Katherlne
Motrlsscy.
An elaborate reception was given by the
senior class of the university to Chancellor
nnd Mrs. MacLoan on Wednesday evening.
The affair occurred nt the rooms of the
unlvcrclty school of music. By 9 o'clock
seventy-five ot the seniors were present.
L. Wcstermann , sr. , has returned from a
visit to Decatur , III. , whence he was ac
companied by his daughter , Mrs. C. E. Schroll
of that city , who will visit for some time
with her parents , brothers and Lincoln
friends.
Mrs. William Morgan accompanied her
daughter , Mrs. C. W. Nash ) Thursday , when
the latter departed for her home In Detroit ,
Mich. Mrs. Naah had bsen In the city for
several days.
The Lincoln club will give Its second dance
and reception next Wednesday evening nt
the Lincoln hotel.
The Pleasant Hour club will give a danc
ing party at the Lincoln hotel next Friday
night.
Mry. John Dorgan gave a reception to her
friend , Mrs. Mtilr , on Friday afternoon.
John McCarthy of New York Is In the
city to remain for a few days.
Mrs. Carrie M. Kolin left Thursday for
Pueblo , Colo.
O. P. Kellogg and wife loft Thursday for
Geneva , O.
W. H. Wolcott went to St. iLouls Thursday.
The home of Judge and . -Mrs. Pound was
last evening thrown open to university friends
of their daughter. The floors .were canvased
for dancing , which was , Jheicrder of the
evening. Those present were : Prof , and
Mrs. Taylor , Prof , and Mr ? , Allen , Prof , and
Mrs. Richards , Mr. and Mrs. Mlssuer , Misses
Kirker , Gerrard , Rlghter , Jones. Conklln ,
Whiting , Dean , HammondMessrs. ; . Macliod ,
Shedd , Folsom , Ma rlay , Saunjlers , Wester-
Read and Becher.
mcnn , < , ( u
Hon. W. J. Bryan has returned from n
tour of Minneapolis , Dujutl ) . Fargo and
Yankton , speaking on the sliver question.
Superintendent O'Brien j > t ths South Bsnd
fish hatcheries and Tom Ifarnifle , the Louis
ville banker , were In tpwn [ together this
morning. j .
Mrs. D. A. Campbell haq , returned from the
Atlanta' exposition , whltier ; , she was ac
companied by the little. Misses Dovey of
Plattsmouth.
Ed G. Yates of Holton * Kari' , formerly In
business In this city , Is-'clrculatlng among-
Lincoln friends. " -1 * ' " "
Mrs. J. C. McMahon Is home from' ' a short
visit with her parents -Tamora , Nth. .
Miss Theresa Shock will leave next week
for Portland , Ore.
Went to Sevlc Tliclr Fo ptiTiiea.
ASHLAND , Neb. , Nov. 23. ( Special. ) Four
of Ashland's "promising young men" left
home without saying goodby to friend or
foe. They were absent only two days and
glad to get home.
Parks & Lansing bought a car load of fine
porkers of Jamey Wecldell , paying ? 3.17' , .
They will be shipped to Omaha.
Elder Hackney , city missionary , In a re
port lart evening stated tliat ho expended for
the year ending October 1 , something over
$500. It was given to the poor In various
ways , coal , provisions , transportation , etc.
Considerable clothing for little and big , old
and young , has been donated by various
cherl ably Inclined pjople. He siys that t'moj
will be harder this winter And urges all aid
societies to bear this In mfnd.
Mrs. George Jenks of Valrlar.d , close to
Ashland , Is still dangerously III.
The hoys and girls , old and young , are
enjoying good skating at Ashland today.
Ilvatrlcc Uliui-Hy Mliixtrclx.
BEATRICE , Nov. 23. ( Special. ) The char
ity minstrels performance given last evening
by local talc-nt was a success In every sense
of the word , the Paddock opera house being
well filled. It was the Intention to turn the
net proceeds over to the Beatrice Ben&volent
association , but that organization having
manifested so little Interest In the success
of the undertaking , the young men who put
In their time and money In the preparation
have decided that they can attend to the
distribution ot the funds , nnd will therefore.
hold a meeting Monday evening for the pur
pose of devising ways and means of distribut
ing the surplus In a way that will do the
most good , for the poor of the city. It IE
altogether probable that another entertain-
mwit of a similar character will be given a
month or two hence.
Votrrnii
DECATUR , Neb. , Nov , 23. ( Special , )
Snyder , the man who has been selling whisky
to the Indians so long , was tried In the
district court at Tckamah on thre ? different
charges. He pleaded guilty to the first two
charges and was- fined $2C3'and costs and to he
confined In jail until paid. He waa also
found guilty on the third charge , but Judge
Dume has not yet patwd sentence. Snyder
has violated the law openly and defiantly.
The court told him the next offense would
cost him the full extent of the law.
i.rrrs TUB iiuicuprAiiu o.
Arthur Jolnmoii Con'fi ; ( JCN Jiiilifmciit
mill AltrecH to VarffloHnre ,
Arthur Johnson and li's | ( 'Wjjfe , Carrie , no
longer have an Interest In the brickyards of
Johnson & Bro. The rewjffffl thf > district
court at least show this , for yesterday John
son made n confession of'jmftment ' and al
lowed a decree of foreclostfre , the property ,
to be granted In favor orAlffed R. Dufrene ,
who brought a foreclosure" yesterday on
a mortgage , which securtd'tf'note ' for $5,500.
Accompanying the papers was an applica
tion for a receiver , i j
The transaction gains , Interest from the
fact that the property Isiat present a matter
over which there Is a f/asderable ] | amount
of legal dispute. It will bf , jpmembsred that
some years ago Johnson jvqs , a party In a
sensational divorce suit 8f respondent. Ills
wife , Minnie , obtained a. .Jh'prco from him
and a considerable nniOMn't of alimony was
granted her , Johnson has failed to pay tbls
alimony promptly , and consequently a short
time ago his former wlfo levied upon the
brickyard to obtain satisfaction. Johnson
defended on the grounds that the brickyard
was not his property , but the property of
Johnson & Bro. The case lias not yet been
settled.
Cuttlnr of nil Alley Rnjoliivtl.
John A. Horbach has obtained a tem
porary restraining order enjoining the city
from cutting an alley through his prop
erty , between Twenty-first and Twenty-
second streets , from Paul to Charles Htreets ,
and from collecting the special taxes levied
for the -work. Horbach alleges that the
alley la unnecessary , that the principal
property owners adjoining- have not peti
tioned for It , that It will cause him great
damage , although the city has decided that
It will work a benefit , and especially that
the alley would be put there for the benefit
of one man , who remains unknown.
Pile * ot people have pllei , but DeWUt'i
Witch Hiiel Salve will euro them.
WH MRAN miSINHSS , SUHK
Our Thanksgiving week sale of muffs' ,
capes , gloves , boas , robes nnd rugs nt the
cost of making Is something never before
attempted by any furrier. Wo have made
up nn unusually largo quantity of these
fur good ? , nnd to close them out In season
wo think It better to come out even on
them than to hold them longer. Sale
Mciulny , Tiio&dav und WoOncsdny.
G. E. Shukert ,
Furrier , Fifteenth nnd liarnoy.
APPEAL FOR JUST RATES
Omaha's ' Contention Before the Interstate
Ooramerco Oommissioii.
ARGUMENTS SET OUT IN THE BRIEF
How the City HUH llooii IJInorlml-
iiii < c < l AK'iliiit In TnrlfTx to the
SoutlMVt'Ht mill In I'uvor of
H City.
Arguments and briefs have been filed be
fore the Interstate Commerce commission
I'n what has come to be known as "The
Omaha case. " Attorney W. D. McHugh of
this city , who represents the Commercial
club , sent his brief yesterday for filing before
the commission. The name of J. E. Utt ,
freight commissioner of the Commercial
club , appears on the document , Mr. Utt
having bean active In the preparation of the
figures showing the discriminating rates
from which Omaha and South Omaha have
suffered.
The title of the case Is the Commercial
club of Omaha , complainant , against the
Chicago , Rock Island & Pacific Railway com
pany ; the Chicago , Rock Island & Texas
Railway company ; the Missouri Pacific Rail
way company ; the Burlington & Missouri
River Railroad company in Nebraska ; the
Kansas City , St. Joseph & Council Bluffs
Railroad company ; the Missouri. Kansas &
Texas Railway company ; the Atchison , Topeka -
peka & Santa Fe Railway company ; the
Gulf , Colorado & Santa Fe Railway com
pany ; the Houston & Texas Central Railroad
company ; the International & Great North
ern Railroad company and the Texas & Pa-
clllo Railway company , respondents.
The case Is an epitome of the grievances
that Omaha has had for a number of years
against the railroads doing business In the
southwestern country , and which have per-
slu'ently given the South Omaha stock yards
and the merchants of Omaha very much the
worst of It. Year In and year out ths pack
ers oind live stock shippers of Omaha and
South Omaha have made pilgrimages''to' the
meetings of the traffic managers of the
roads In question , and have appealed and
threatened and usd all the artful argu
ments that usually prevail In an effort to
secure a revision of tlm rates that would
give Omalia txmiuililn lllto an equal ilEht-
Ing chance for buslmess In the southwest
country. None of these efforts have borne
fruit , and some time ago complaint was
made before the Interstate Commerce com
mission , where the case is now on for hear
ing.The
The brief of Mr. McHugh allegss that the
respondent companies In fixing the rates
for the transmission of freight between
Omaha and southern and southwestern
points , especially Texas points , unjustly and
illegally discriminate against Omaha , and
that the rates thus fixed between Omaha and
such points are too high , excessive , unrea
sonable and unjust.
The respondent roads are members of the
Southwestern Traffic association , which
fixes for its members the rates between
Texas points and Kansas City , St. Josph
and Omaha , St. Louis and eastern cities.
The roads are also members , or some of them
are , of the Western Freight association ,
which flxca rates between southern and
southwestern pointsl nnd Omaha , Kansas
Clty.--.St. Paul , Minneapolis , Duluth and
western cities.
WHERI5IN RATES ARE UNJUST.
The complaint charges the respondent
railroad companies with establishing cxces-
olvc- rates and unjust discrimination against
Omaha In the following particulars : 1. In
making class rates between Omaha and
Texas points. 2. In makli. . ? rates on sugar
from Texas points to Omaha. 3. In making
rates on cattle shipped from Texas points
to Omaha. 4. In making rates on packing
house products between Omaha and Texas
points. In making the rates complained of
the railroad companies arbitrarily divide the
territory Into sections , known as the "St.
Louis territory. " the "Kansas City terri
tory , " the "Chicago-Cincinnati territory , "
and so on. Omaha Is In none of these divi
sions of territory. Here's where the trouble
arises.
Inside of these respective territories the
railroads entliely Ignore distances and geo-
graphlccl location. For Instance , the rate
between Texas points and Mollnc , 111. , In
the same as the rate between such points
and Gallatln , Mo. , though Mollnc Is 204
miles farther from Texas. St. Joseph gets
the- same rate to and from Texas points as
Kansas City , though seventy miles north
of Kansas City. Omalia Is not Included In
any "territory" by the railroads. The rates
between Omaha and Texas points arc based
upon the ratea of the "Kansas City territory"
and the maximum Omaha rates are limited
by the rate of the "Chicago-Cincinnati terri
tory , " which Is based on the rote of the "St.
Louis territory. "
Now how does this scheme work , so for as
Omaha Is concerned ? Here are some figures.
The rate between Omaha and Texas points
Is the following differentials higher than the
rate of the "Kansas City territory : " On
first-class , 20 cents ; on second-class , IS cento ;
on third-class , 15 cents ; on fourth-class , 13
csnts , and on fifth-claw , 10 cents. The tariff
sheets provide , however , that when this differ
ential lo higher than the rate between cities
In the "Chicago-Cincinnati territory" and
Texas points , then Onulu shall bo charged
the Chicago-Cincinnati rate. The Chicago-
Cincinnati rate Is the following differentials
higher than the rate of the "St. Louis terri
tory : " On first-class , 20 cents ; on second-class ,
1C cents ; on third-class , 12 cents ; on fourth-
class , 10 cents , and on flfth-clara , 7 cents.
Thus the maximum Omaha rate Is the last
named differentials higher than the rate fixed
for the "St. Loula territory , " Including Fort
Madison , Davenport , Slollne , Rock Island
and many other points hundreds of miles
farther from Texas than Is Omaha.
There are many Instances In which the rate
to the "St. Louis territory" l the same
class rate given to the Kansas City territory ;
but In all instances the differential against
Omaha It enforced. Thus In many cases
shipments under class rates are hauled from
Mollne and Rock Island , III. , and Fort
Madison and other points In eastern Iowa to
Tens at a smaller charge than Is made from
Omaha to euch Texas points , though in the
Omaha cate the haul Is shorter by several
hundred miles. The differential charged
Omaha Is so heavy that It would In many
ca ? a make the Omaha rates to and from
Texas polnto higher than the rate from Chicago
to such points.
ON SUGAR AND CATTLE.
Omaha has Jutt as trong a complaint to
make on the. su < ar rat on the claw rite
just quoted. Sugar takes ft commodity rate.
Tit * supply of sugar to Omilu , Kaniav City ,
AM. UDU VltllMTliltU limit OHD
If you buy furnlturo nt nil within the
next yeiir you .MimiUl not mlrs this chance.
Kvcry piece of furniture In the house cut
nnd cut lirml.
We want your order , nnd will get It If
you get InMile the store.
Hedgcock
Odell ,
208-210 N. ICtlt-Nortlt of New P. O.
St. Joseph and Loavcnworth romes mainly
from the Pacific slope and the remainder
almost entirely from the south. The shortc ? '
line for the shipment of western sugar to the
four cities named lo by the way of Cheyenne.
The distance by this route Is 227 miles farther
to Katiws City than to Omaha , yet the road ?
make the same rate on sugar to both points.
Hut It Is different on migar from the south.
Omaha Is emphatically denied the same rates
as Kansas City on migor from Texas points ,
and Is compelled to pay a higher rate. To
make the discrimination iHlll more flagrant
against Omaha , It Is but necessary to notice
that Atclilson , Leavenworth and St. Joseph ,
all north ot Kan pa 9 City , and St. Joseph
seventy miles north , all get the Kansas City
rate , while Omaha must pay an Increased
rate. It doe ? not require a tariff expert to
observe the discrimination. When the dis
tance b In favor ot Omaha the other towns
get the Omaha rate. When the distance Is
against Omaha this city has to pay a higher
rale.
rale.Tho
The evil complained of In the matter of
class rates and sugar rates prvadcs the
rates fixed for the Rhlpmont of cattle from
Texas points to Omaha. In every Instance
where dlrtance favors Omaha distance Is
Ignored , and the same rate made to Kan
sas City , St. Joseph and other points as to
Omaha , wl ilo when dhtarce Is cgalrs * . Omaha
then In every and all cases Omaha Is re
quired to pay a higher rate. From Idaho ,
Utnh , Montana , Washington , Oregon and the
whole northwest , Kansas' City and St. Joseph
get the same cattle rate as Omaha , although
the distance Is 200 miles or more In favor
of Omaha. Yet on shipments from the couth ,
where the distance Is greater to Omaha ,
though St. Joseph , seventy miles further
from the esat of shipment , takes the rate
as Kansas City , Omaha has a charge of ? 12
or more greater than Kansas City. Thus
Kansas City has equality in rates when the
shorter haul Is In favor of Omaha , and an
advantage In rates when the shorter haul
la In favor of Kansas City.
Then there Is nnotl.cr d s rimlratlon agilnrt
Omaha In the cattle business. Shippers may
send their cattle to Kansas City with the
privilege of shipping them on to Chicago
or other points If the market Is not satis
factory at Kansas City , but this privilege
Is denied the shippers who send their stock
to ths Omaha market. Thus a shipper of
cattle from Texas may send his cattle to
Kansas City and , If dissatisfied with the
market , may reload them and chip them to
Chicago at the balance of the through rate.
If he ships them to Omaha and Is dissatisfied
with the market , and wants to ship them to
Chicago , he must pay the full local rate
from Omaha to Chicago. Is any further rea
son wanted why the Texas shipper does not
patronize the Omaha market ?
DOES NOT END THERE.
Rut this discrimination gets more flagrant
theruuiicr . . . . „ . . . . intn.lf.if fpr Instance ,
a Kansas City packer wants to ship his pacic-
Ing house products through Omaha to St.
Paul or Dtiluth , the railroads make him a
rate that Is one-half a cent per hundred
higher than the rates on packing house prod
ucts from Omaha. But let the Omaha
packer want to ship his products to points ,
south ot Kansas City and he Is met with a
rate from 7 to 10 cents per hundred higher
than the rate on the sam * products from
Kansas City. That's a difference of from
G'to 9'cents against Omaha on business
on the fame lines of railroads , and on the
same rails and the same distances and In
favor of Kansas City.
Even that is not all and It Is not the worst
discrimination against Omaha In making
rates upon packing house products. The rail
roads have so manipulated the rates upon
packing house products that where shipments
are destined for points bayond St. Paul , Min
neapolis or Dtiluth they will take these prod
ucts from Kansas City , 200 miles south of
Omaha , haul the product north through
IT CI.OSKI.Y
And you will find nil these perft-etlonj
abound. In fact , the Kltntmll la the only
piano on earth ( tint combine ! ! nil the guod
qualities of all , without the defects ot any.
lc ! Mes , It's the lowest priced lilch Krrulo
plnno made. Our easy terms nro another
attraction.
A. Hospe , jr ,
Music nnd Art. 1513 Douglas SI
Omaha to Minnesota Junction , west to Helen * ,
Iiralnard , Unite , Spokane , Portland , Seattle ,
Tacoma and all points on the Northern Pad-
tic railroad , and to all points on the -tlreat
Northern railroad , and to all points on ths
Canadian Pacific railroad , at exactly the
rate charged Omaha on the same product
to the samp points. The samp Is true as
to shipments over the Union Pacific system
through Cheyenne. In practically the whole
north and northwest , Kansas City Is put
on an absolute equality In rates with
Omaha , despite the fact that Omaha Is 200
miles nearer the territory named. Hut when
rates are made to the youth and southwest ,
In no Instance Is Omaha upon an equality
In rates upon packing house products. In
every Instance Omaha shippers am charged
7 or 10 cents per hundred more than Kan
sas City.
A PLAIN ILLUSTRATION.
In his argument before the Interstate
Commerce Commission , presented In the brief
forwarded yesterday , Mr. McHugh goes over
the law In the case , showing how the rail
roads complained of having persistently and
flagrantly violated the Interstate commerce
law , and have worked against Omaha's In
terests at every point , and In face of the
most emphatic and convincing protests. Mr.
McHugh uses as one of his Illustrations a
fact that shows another cane of discrimina
tion against this city right In Nebraska , ami
In territory that Omaha should have without
serious competition. His statement and IIIus- <
tratlon Is as follows : I
"Hastings , Neb. , Is the center of a very *
large hog producing section of our state. j
The shortest distance by rail from Hastings
to Kansas City Is 297 miles ; to Omaha , 116
miles. Yet the railroads haul hogy from f
Hastings to Kansas City at exactly the rats i
charged from Hastings to Omaha. To get
hogs out of Nebraska to Kansas City ths
roads are perfectly willing to haul 151 mllc .
farther at the same rate.
"Now take two shipments of hogs from , . ,
Hastings , one to Kansas City and ono to ; '
Omaha , both to be converted Into hog prod * I
net and shipped Into the northwest , beyoi.d
St. Paul. The hogs are hauled In ono case
from Hastings to Kansas City , 297 mlleu ,
and the product is haul'd to Omalm , a dis
tance of 200 miles , and then delivered to the
Chicago , St. Paul , Minneapolis. ! Omaha ,
railway for shipment north , the total haul
having been 497 miles. In the other cas
the hogs are hauled to Omaha , a distance ot
14G miles , and the product Is then delivered
to the Chicago , St. Paul , Minneapolis &
Omaha Railway company. Yet the freight
charge In exactly the same In each caso.
Though In one Instance the haul Is 351 miles
longer than the othfer , the roads Ignore It.
From Hastings the hog rate h' tbo same ; to
the northwest the hog product rate Is th
same , and thus to favor Kansas City 351
miles of haul are absolutely Ignored.
"Now 1st us suppose these Hastings hoga
are to ba made Into product for the couth-
rn southeastern cr southwestern markets ,
Via KansaHny ; .v , . . . _ . > A W n mn
City , 287 mllen , and the product Is thill rot-5
warded in one case ; In the other cas2 tbo
hoga come > to .Omaha , 14G miles , and the
product goes to Kansas City , a distance ot
200 miles , a total haul of 346 miles ; just
forty-nine miles farther than the haul from
Hastings to Kansas City. How are the rat *
charges ? Remembering that when thet
product was shipped north the roads hauled ,
to favor Kansas City , 351 miles farther at
the Omaha rate , we would certainly thlnK
that this trifling distance of forty-nine miles
against Omaha would bo Ignored. Instead
of equality In rates In this case , however ,
we find a differential of 4. G and 7 cents per
100 against Omaha. Nothing at all la
charged Kansas City for the added haul ot :
351 miles on northbound prcduct , while *
heavy arbitrages are charged Omaha for an
added haul of only forty-nine miles on south
bound products. The conditions are exactly
S'lmllar ' , and the vicious nature of the rate-
discrimination Is thus laid bare. "
- : - TheTailor
,
Y. M. C. A. Building ,
210-212 South 16th St.
St.Our
Our
Guarantee
STILL ON . i
Faultless-fitting Suits or Overcoats mfuj
to orckr from our $25,00 , $30,00 and $35,0
woolens now go at
All garments sold during this sale will be
kept in repair and pressed free of charge for
the period of one year.
Fit and workmanship guaranteed.
JL ii