MAXIMUM RATE CASE CLOSES
rgumenta Concluded and Matter Taken
Under Advisement by the Court.
WOOLWORTH FOR THE STOCKHOLDERS
u rnnfritilN ttmt Die I.IITIN Ur.con-
iillliitlniinl iinil t njtiit Mini linden
Up llln ANnrrllon Mltli 1'rl-
vntc
"WASHINGTON. March fi. ( Special Tele
gram. ) Uoprescnlatlvcs of the stockholders
interested In tlio Nebraska maximum rate
cans , James \Voolvvortti and Jamcn C.
Carter , were given three hours toJay In
.which to present Uio sldo of the appellees
In the case. Mr. Woolworlh was argu
mentative , technical In his presentation , dealIng -
Ing with figures to a remarkable degree ,
Jlfiiircs which do not occur In lib brief , and
( which n'cro carried away with him after
bolus uso.l In Illustrating his points. Mr.
Carter , on the other hand , spoke generally
of the bill and lla clfect on tlio business of
the roads. He offered nothing new In so far
us thlM ease Is concerned. Throughout the
presentation of the corporation side of the
Casa , the court was Interested , a great many
questions being propounded by Justices Qray
nnd Harlan , while Justice White now and
then knocked holes In Mr. Carter's. argument
relative to the capitalization of railroads
nnd their earning capacity. Mr. Woolworth
laid particular stress on the scries of tables
( Which ha had attached to his brief , showing
the present earnings of the railroads In Ne
braska , nnd what they would bo under house
roil 33.
Mr. Woolwortb In his bilof held that there
. wcru Ilvo Important points to be considered
by the court , and on till a line ho said :
Flral Housie Hell No. 33 Is unconstitutional
because It attempts to llx and limit the rate
which the Union Pacific Hallway company
may charge for transportation of freight on
Its lines between points within the state of
Nebraska. That company Is within the
language of the act nnd the Board of Trans
portation so construes It. Wo submit that
It la tiot within the powers of the state of
Nebraska to Interfere with the revenues or
Income , or the sources of the revenue _ or Income -
come , of the Union 1'aclflc company , uucnuso
that company IK n debtor of the United Slates
to a largo amount and Its earnings are Irro-
.vocably pledged to the payment of Its debts.
WHY IT IS UNJUST.
Second House lloll No. 33 Is unconstitu
tional because It unjustly discriminates
against certain of the roads In the state In
favor of another. It appears from the plead
ings and proofs that the Chicago. Uock Island
' & Pacific Hallway company Is and for twenty
years has been n corporation organized and
existing under the laws of the states of
Illinois ) and Iowa , nnd owns and operates a
railroad from Chicago to Council Bluffs ; that
between January 1 , 1889 , and January 1 , 1891 ,
It acquired the right to run Us trains over
the Union Pacific's bridge and tracks be
tween Council Bluffa and Omaha , and built
a railroad from South Omaha , by way of
Lincoln , to Beatrice , where It connects wltn
another of Its lines to Denver. Under the
operation of this act the Hock Island Is left
to charge and receive compensatory rates
for the sarao service which the other com
panies render , while they are not permitted
to do so. It Is Imposjlblo to resist the con-
Ylctlon that the Hock Island was exempted
from ( ho severities of this act by thosw un
reasonable prejudices nnd passions whlcn
Boem to have dominated the legislature.
Third What lias been submitted shows
that HOUBO Hell No. 33 Is vicious In two
particular provisions. There is a more gen-
iral objection to the act. Its solo object waste
to establish a schedule of rates and to forbid
rates than
the company charging higher
those fixed by the act. That la Its whole
and purpose. The objection Is that
ocope
these statutory rates , If put In force , would
not leld to the carrier reasonable compensation
>
tion for the service to be rendered by it.
The lesult of the most searching examina
tion conducted by any appropriate process ,
show that under House Ho I No. 33 tbiuo
.will
companies arc shorn to the skin and must
bo let powerless to meet their duties to the
public and their creditors and the govorn-
existence.
Jncnt and to maintain their
Fourth It lias been decisively shown that
those statutory rates. If put In force , never
would to this day yield to the com pan es
revenue BUlJlclent to cover the expense of .do
ing the business. The injuries of the act
lias been made even moro conspicuous by the
further showing that under Ita operat on
nothing would have been realized by the
companies from this business to meet the
eharo of taxes and fixed charges wlilch that
buslnew should fairly contribute. The result
Is that the property of the companies , or the
'tie of It. which W the samething. . Is taken
Yy the act for public use without any com
. Against such violence these
pensation.
companlea are protected by the constitution
this court has de-
of the United States. So
lared.
Fifth Maximum rates , when fixed by the
legislature , must , In order to be reasonable ,
be so high as to leave the companies free to
false and lower them as they may be
compelled to do by the law of supply and
demand. ,
The .records show that the statutory rates
on many shipments are far below cost ; and
the statute does not assure the company any
compsnsatlon for the Ion * by , providing high- ,
class freight to cover It. This line of re-
jnark may bo summarized thus :
1. A railroad , if left to thenatural law of
supply nnd demand , must sell transportation
nt wliat 11 can get , and take the chance of-
being able , on the whole , to make cost and a
talr profit. ,
2. The state cannot require a road to work
for Ie3 than cost and a fair profit , for that
; would be confiscation.
3. If the state fix the rate at which trans- '
portatlon shall be eold It mutt eltUier ( a ) fix
every charga high enough to pay cost and
a fair profit , or ( b ) guarantee enough hl h-
.class freight to cover losses on low class.
* 4. 'As statutory ratca cannot bo changed
'for a Ions time , nt least two years , they must
provide against possible changes of conditions ,
to which the road , when left to Itself under
the operation of the law of supply and de-
'm nd , Inuat for the take of Its own existence
pccomodato Ita r te .
The result may ba then stated : Maximum *
'rates fixed by the statute must , to bo ;
. 'reasonable , ba upon a line so high as to leave
K , 'below ' It room for the play of the economlot
forces which dominate railroad companies
wlien acting for themselves.
Mil. CAUTIJIl'S CONTKNTION.
The brief of James C. Carter of counsel for
the appellees Is a very exhaustive docu
ment It laker the ground that neither an
Individual nor a state have any right to
complain of high rates as long as they were
paying no moro than other roads chafged
for the same service. If a road could
make 25 per cent on Its Investment by virtue
of Its nupctlor management It was entitled
to the benefit. The ground was taken that
n "combine" In the Interest of high rates
was purely Imaginative. It was for the
Interest of the roads to makn an low a
rate es possible In order to secure business ,
and the cost of the service In particular
cascT had but llttlo to do with making the
charge.
The ehargo that high rates exist In Ne
braska Is denied. It is claimed that there
In an energetic competition among the main
lines of the state , and that whllo rates
In other communities may be much loner
than In Nebraska , It Is because they are
older nnd moro thickly settled communities.
It Is also asserted that fraudulent or Ill-
advised management Is not at the expense
of thn people who patronize the roads , but
of the stockholders whoso money Is being
wasted , The conclusions consist In thirteen
point ? , which Include the alleged unconstl-
tutlonallty of the law , that the law takes
away from the roads powers which belong
to them , that the power of the legislature
to fix rates Is subject to the review of the
courts , and that the question of the au
thority of the legislature to establish rates
was still unsettled by judicial decisions.
ATTOHNEY GENKKAL'S BRIEF.
The brief presented by Attorney General
Churchill for the appellants Is Introduced by
a concise rehearsal cf the history of the
maximum rate bill and the legal fight In
the lower courts. Some space Is given to
quotations from the opinion of Judge Brewer ,
which concluded that it was Incumbent upon
the plaintiffs to prove that each of the rail
roads was operated In a prudent and econom
ical manner , and that when so managed the
reduction of rates provided for In the hill
would deprive the road of a Just and reason
able compensation for the services performed.
The attention of the court Is then called
to the fact that there was wanting any com
petent evidence which tended to prove cither
that the road was prudently managed or
the amount cf the Income of the roads from
nit sources. Decisions are then cited to show
that a decision as to the excess Income over
the operating expenses , which should bo
considered a reasonable compensation , was
a matter of public policy , and therefore
within the province cf the legislature to de
termine.
The argument concludes with a detailed
estimate of the cost per mile of the Inter
ested roads , based on the evidence of 'ex '
perts. It shows that on a liberal estimate the
roads would have earned more than 5 per
cent If the rate law had been enforced.
This amount did not Include earnings from
carrying malls and express matter , and It
was also based on the assumption that all
the so-called "expenses" of the management
were for legitimate purposes.
It had been Mr. Churchill's Intention to
close the debate for the state , but questions
of the court to both Mr. Woolworth and Mr.
arter along the lines cf Mr. Webster's openIng -
Ing argument made It essential that Mr.
Webster should combat certain propositions
laid down by either , and ho closed. He
handled his subject well , knowing his case
thoroughly , and point after point seemed to
go homo to the court. Mr. Webster has
never appeared to so excellent an advantage.
Attorney General Churchill leaves for home
tomorrow. Woolworth and Webster going to
New York to take testimony In the American
water works care , as to the financial opera
tions of the company and the manner In
which certain bonds were approved.
WASHINGTON GOSSIP.
Senator Thurston today Introduced bills
to pension Mrs. Hattle E. Hedfleld of Omaha
at $20 per month and allowing the village
of Valentino to purchase 720 'acres out of the
Fort Nlobrara military reserve for village
purposes , the reservation being to Valentine
what Fort Omaha Is to Omaha.
At a meeting of the national republican
committee tonight Representative Mercer was
namedi as one of the executive committee
of eight upon whom will fall the management
of the congressional campaign throughout the
United States. Representative Hull of Iowa
was also named as a member of the same
committee.
The house committee on postofflcos and
postroads does not regard with any great
degrco of favor the plan of Postmaster
General Wilson for the consolidation of small
with largo postofllce. To perfect the plan it
would be necessary to Increase the allowance
for clerk hire about $750,000 , and to permit
this sum to bo deducted from compensation
of postmasters. However , where consolida
tions have been effected the plan gives great
satisfaction , although a great many small
towns object most strenuously to having
their Individuality Interfered with. If the
scheme Is ultimately endorsed. It will result
In the consolidation of a number of email oBlees
with Omaha , Lincoln , Fremont , Hastings ,
Grand Island , Kearney and several other
presidential offices. Should the idea prevail ,
making all offices within a radius of twenty
miles substations to one general office , Omaha
would Include South Omaha , Bennlngton ,
Florence , Mlllard , Elkhorn , Waterlo'o , Valley ,
Papllllon nnd some others.
Postmasters were appointed In Iowa as fol
lows : Eureka , Adams county , G. S. Inger-
sell , vice T. B. West ; Flagler , Marion county ,
Mr * . Mary McGaugh , vlco S. A. McGaugh ;
Footo , Iowa county , W. G. Oldakcr , vlco J.
D. Miller.
Representatives Strode and Halner renewed
their attempt to have the salaries of United
States marshals in Nebraska advanced to
figures the same as in Iowa and Kansas , but
tliolr amendments were knocked out as was
their attempt to ralso the salary at the United
States attorney. _
' NCITM from John Ilnj'n Hniniiiniid.
* WASHINGTON , March 5. John Hays
Hammond , the American mining engineer
who Is under ball at Johannesburg awaiting
trial on the charge of treason , has cabled
Secretary Olney as follows : "Pleaso re
cord my appreciation of Consul Manlon's ef
forts In my behalf. Ho has shown wisdom
nnd good Judgment , rendering mo great sorv-
Ics. I am- well 'treated by the government.
Preliminary trial begins next week. I have
no fear of the ulttmato result , as I am In
nocent of any attempt to overthrow the
government , although participating In a rev
olutionary movement. " *
On-lit Klre at
WASHINGTON , March C. A great fire de
stroyed eight whole blocks at Guayaquil on
the 12th or last month and Inflicted losses
amounting to $1,500,000 , against which there
was only $190,000 Insurance , mostly In
English companies. United States Minister
'Dllla'rd , who reports the fact to the State
department , says there is great distress
among the poor of the city ,
ALLEN HAS A SPEECH READY
Does Not Take Kindly to Senator Halo's
Gutting Him Off.
THREATENS TO RETALIATE SOME TIME
MrnmireH on tlio Cnlemlnr TnUcn Up
Inquiry Ordered Into the Ifi-
Hiinnco lit Injunction * In
Time of I.nbor Trouble * .
WASHINGTON , March E. The question of
Cuban Independence came up unexpectedly
lu the senate today , when Mr. Allen , populist
of Nebraska , presented a resolution directing
the president to Issue a proclamation recog
nizing the Independence of Cuba , An ob
jection from Mr. Halo of Maine to the request
of Mr. Allen for unanimous consent to innko
a speech on the resolution directed matters
to an exchange of personalities , Inconsistent
with senatorial courtesy. The Nebraska
senator warmly announced that If Mr. Halo
objected the latter could take warning that
ho would not receive unanimous consent on
any measure as long as he ( Allen ) was In
the senate.
This brought forth from Mr. Chandler of
Now Hampshire a declaration that ho would
give consent to no senator who prefaced his
requests with a threat against senators In
general.
Mr. Allen retorted that his remarks were
applicable to Mr. Halo and not to senators
In general , and that , as to Mr , Hale , ho had
no apologies to offer.
Mr. Halo said he would have no vendetta
with Mr. Allen , and thought each could bo
in better business than watching to pay the
other off.
Mr. Chandler announced that senators were
In the habit of doing business as & body of
gentleman , observing such amenities as
would prevail In a ccntleman's own parlor ,
and Mr. Wolcott of Colorado added his pro
test acalnst personalities.
Mr. Allen closed the Incident by stating
that ho would postpone his speech , adding
sarcastically , that he would do this if Mr.
Hale gave his consent to such a course.
Thn senate tlion went to the calendar and
passed the following bills and resolutions :
To pay Charles P. Chouteau , survivor ot
Choutcau Harrison Vnlle , $174,000 for a bat
tery furnished during the war ; directing the
Judiciary committee to Investigate the sub
ject of "contempt of court , " and report what
amendatory legislation was necessary. The
last resolution was drawn by Mr. Hill and Is
a substitute 'or resolutions for an Inquiry
Into th9 Imprisonment of E. V. Debs.
An agreement was reached that when the
senate adjourn today It bo until Monday.
At 1:30 o'clock the senate took up the Du-
pont contorted election case , and Mr. Mitchell
resumed his argument In behalf of Mr. Du-
pont. Upon Its conclusion Mr. Turple took
the floor to open the argument against Mr.
Dupont , but yielded until Monday.
Mr. Sherman presented the conference re
port on the Cuban resolutions , but action
was postponed.
The senate then took up the calendar and
passd the following bills and resolutions :
To pay tlio heirs of the late John Roach
$43,853 on the construction of the gunboat
Dolphin ; to Incorporate the supreme council
of the Thirty-third degree of Scottish Rite
Masonry for the southern Jurisdiction of the
United States ; establishing' an additional
land office In Montana.
At 4:25 : p. m. , after a brief executive ses
sion , the senate adjourned.
ACCEPTS THE HOUSE RESOLUTIONS.
Conference on the Cubnn IlcHoIntlonn
I.nntetl Only n Few Mlnutcn.
WASHINGTON , March D. The confreres
of the two houses on the Cuban resolutions ,
consisting of Senators Sherman , Morgan and
Lodge on the part of the v senate , and of
Messrs. HlU , Adams and McCreary of the
house , reached a conclusion moro speedily
and with less difficulty In their conference
today than had been anticipated. The con
ference was of about forty minutes' dura
tion , and It became apparent immediately that
the representatives of the senate would be
satisfied with the house resolution. Senator
Morgan was strongly In favor of that clause
of the house resolution which contemplates
intervention , a declaration which ho had
suggested should bo made when the ques
tion was before the senate. There was men
tion made ot the possibilities ot war with
Spain as a result of the action of congress
and the statement concerning the position of
the administration In opposition to the recog-
n'tlon ' was discussed. So far as the house is
concerned , the resolution Is a closed ques
tion for the present. There will he no de
bate , because It Is only necessary for the
secretary ot the senate to notify the house
that the senate confreres have agreed to the
house resolutions.
.Vary Department Seek * Information.
WASHINGTON. March 5. The Navy de
partment is sending out to the navy military
commanders ot the various states having such
organizations blank forms for the collection
of information respecting the topography and
physical features of their respective locali
ties for military use. What is wanted Is In
formation touching all water approaches ,
docks , creeks , bearing of nearest telephone
and telegraph connections , approaching roads ,
passible sights for batteries , landing places
for naval forces and every feature of the
vicinity calculated to be of value from a
military standpoint. This Is the result of the
success attending the experimental recon-
nolsancc made last summer of the shores of
Long Island sound by the naval militia , when
a mara of Information respecting the sound
shores was obtained which wan placed on the
flies of the War and Navy departments as
sure to bo Immensely valuable In time of
war.
MiilllKfiit Kill Not AVnnt tliu Place.
WASHINGTON , March C. The nomination
of James It. Mulligan of Kentucky to bo
United States consul general at Capetown ,
South Africa , was withdrawn , as It Is now
learned , at Mr. Mulligan's own Instance. Ho
was desirous of a transfer from his present
post as United States consul general at Apia ,
Samoa , but did not care to make this par
ticular exchange.
Allen Will Try It Ann In.
WASHINGTON , March 5. Senator Allen
today rclntroiluced his resolution requesting
the president to recognize the Independence
of Cuba , wlilch was voted down last Fri
day. It Is a joint resolution and If It should
bo' adopted by both houses would go to the
president for his signature or disapproval ,
PEN PICTURES PLEASANTLY AND POINTEDLY PUT.
*
\ : WHO is I\TIUISTIU.-
f\i
Ju nnd appreciative of color combina
tions and blessed with an arltstle eye will
find an unusual feast sprcn.il before him
lu the new carpet creations as revealed
to him In our now sprint ; arrivals. The
prat class jjoods show a distinct tlepar-
ituro from former years , beinj ; warmer
Jn color without vowing so much uiwn
absolutely dark shades. It Is not too
much for us to say that our present
. purchases are far beyond any previous
1 tiltorts.
Omaha Carpet Co
BanWouutW 1515 Dodge
HOWS YOUU COHV CHOI * .
Don't you know there's nothlns that
will make your corns grow better than
rubbers or overshoes ? maku your feet
sweat nnd to bo strongly suspected.
Our cork solo shoes will keep any clean
foot free from these evils cork won't
allow moisture to jjet to your foot
through the Boles , and enamel
tops will shed water like a Farttam.'K
$7 cork soles for $ r . nnd $5 cork soles
for Sli.M ) . Ladles' $5'Oth century en
amel top cork soles for $ . ' ( nnd box calf
$1 'JOth centuries for ? 1M5 ,
Drexel Shoe Co. ,
1419 Farttam.
\\'K AHR SHOWING
A larKc list of nearly new nud slightly
lined plnnoH nt Homo of tlio most ridicul
ously low prk-08 ever named ? 40 $ r > 5
? ( J5 and up. Among ( \rn\i \ Is : i Knnlio ,
as wt'll ns Ki'veral ether well known
inaUi'.s of B < ] Uiro ( planoH.Vo have
boon piirtlcularly careful hi restoring
tlu > Ku pianos to us near first dans condi
tion as possible , and feel that wu nro
KlvhiK misuul burcaliiH at ( huso prices.
Tenim-5 a month , with $5 down.
A. Hospe , jr ,
1513 Douglas
IIAHTM.IN A
Olijccln to tlir l.imtrmme of Ills Hi
rent Xetv ffl1 * ! Hiorcli
WASHINGTON , MarchJD. The house today
'
day wrangled about 'four hours over the
salaries ot United StiW'mtxrulials and the
other features of the1 aWndment to the
Icpljlatlvo approprlatw'h Mil to abolish the
fee system In the casd lit United States at
torneys and marshals ) interest In the de
bate , however , was comJtely | overshadowed
by a sensational attack vinade upon Presi
dent Cleveland by Mr. Hartman of Mon
tana , who fell himself' personally aggrieved
by Mr. Cleveland's 'uttcrAnces ' at the I'res-
bytcrlan Home Mission meeting In New
York on Tuesday , and who seized the oppor
tunity allowed by tha latitude of debate
on appropriation bills to repel the- Idea
that the western states were the lumo ot
evil Influences. Mr. Hartman sent to the
clerk's desk and had read the following ex
tracts from Mr. Cleveland's address : "The
toleration of evils and Indifference to Chris
tianizing and elevating agencies" In the now
states of the west , which , "If unchecked ,
develop Into badly regulated municipalities ,
corrupt and unsafe territories and undo-
slrablo states. " "Whatever may bo my
Individual opinion ot the president , " said
Mr. Hartman. "matters not. H would not
be proper for mo to state It here. For
the high office of the president of the United
States I have supreme regard. The legiti
mate functions ot that offlcc arc limited
to those enumerated In our constitution.
Under , the constitution and laws , I deny
the right of the chief executive to willfully
nnd wantonly , In public address or other
wise , Insult any ot the citizens or any state
of the republic over whom he has been
called to preside. I dmy the constitutional
authority of the president to give utter
ance In public address to sentiments favor
able or adverse to proposed legislation pend
ing In our house Of congress. When the
president made the foregoing remarks lie
knew there was pending In congress bills
for the admission of certain territories Into
the union of states. He had been advised
that a majority of the citizens of those ter
ritories were antagonistic to his peculiar
financial nnd. economic views , and under the
cloak of a supposed religious address , be
fore a religious organization , and with gross
Impropriety nnd for the purpose of pre
venting the achievement of the rights of
statehood to which they aspire nnd are en
titled , he gave utterance ns chief executive
to this unfounded slander against those
citizens nnd states of the republic , whoso
Interests ho Is sworn to protect nnd up
hold. "
CALLS IIAUTMAN TO OUDEIl.
Mr. Powers Jumped to hU feet nnd called
Mr. Hartman to order. "If there Is nobody
on this floor , " said ho , addressing the dem
ocratic side , "who Is related to the presi
dent by ties of affinity , or consanguinity ,
social or political "
"Stato your point , " demanded Mr. Hart-
man. Interrupting him.
"Tho point of order , Mr. Chairman , " con
tinued Mr. Powers , "Is that It Is not per
missible here to reflect upon a co-ordinate
branch of the government. "
"I am not reflecting upon the president , "
said Mr. Hartman. "I.nm } reflecting upon
the sentiments which the president utters and
I have a right to do so , "
Mr. Hepburn , who was In the rbalr , said
that ho did not feel callcA upon to say
whether the remarks1 catn6 within the rule ,
whereupon Mr. Miles'cnirio to the support
of the president , but 'he. ' , was promptly over
ruled , whereupon he appealed from the de
cision of the chair , { fading that Mr. Hart
man had taken a llb'erly which had never
been countenanced In congress before.
The chair , however , "was sustained , and
Mr. Hartman. proceeded.
"The percentage ofcrlnie In those states
and territories will not foxceed that found
In the state of New nYorkj where the pres
ident seems to think all-virtue resides. The
per capita of wealth of''the citizens of our
state exceeds that of lany'state ' In the union
save one. Our educational facilities are
equal to those of any section of the union ,
and If some of the patriotism of the people
of the west had been 'possessed by the pres
ident and his friendsi.the . citizens inf this re
public would not hav&'bon called upon , to
witness the national" humiliation rf6f hauling
down the American flag at Honolulu , bf beg
ging the bankers , of Wall street and Great
Britain to cayo us from financial ruin , and ,
under the behests of the powers behind the
throne , of denying to the oppressed citizens
of Cuba the recognition which 'the dictates
of humanity and common right demand.
( Applause. ) It is true wo do not get our pa
triotism from Wall street , where the presi
dent gets his. ( Laughter. ) It Is true none
of our citizens have possessed that partic
ular style of patriotism which would enable
them to save by thrift and strict economy
flvo times as much as their entire Income
amounts to , and It Is also true that the pa
triotism of these 'corrupt and unsafe ter
ritories and undesirable states' has never
yet been able to rise to that lofty piano of
supreme wisdom and virtue. "
At this point Mr. Hartman'a five minutes
expired and Mr. Grosvenor undertook to
help him out by the parliamentary expedient
of securlnfj recognition and yielding his
tlmo back to Mr. Hartman.
"I think , " said Mr. Grosvonor , "that my
friend from Montana overlooks ono very Im
portant fact. When we get on our feet in a
deep religious frame bf mind ( laughter ) It
Is a new field. Then wo are plowing In virgin
soli , as It were. " ( Laughter. )
"I raise the point of order that the gentle
man Is out of order , " broke In Mr. Sulzer ,
"because the other day he ( Grosvenor ) said
on this floor that lie had no religion.
( Laughter. ) Having no religion himself , I
submit that ho Is Incompetent to discuss the
question of the religion of any other man. "
EXCHANGE OP COMPLIMENTS.
"I never said that I had no religion. " re
plied Mr. Grosvenor , "but I would rather bo
without a very large modicum of religion
than without the slightest Indication of com
mon sense. " ( Laughter. )
"I am sorry for a gentleman who has
neither , " retorted Mr. Sulzer.
"It Is always unfortunate , " returned Mr ,
Grosvenor , "when a gentleman Is possessed
of such a knowledge of his own failures that
ho constantly advertises them to the pub
lic. " ( Laughter. )
"Now , Mr. Chairman , I have been diverted
from the serious argument that I was about
to present ( laughter ) , nnd I yield the balance
of my time to the gentleman from Montana. "
"H Is also true , " continued Mr , Ilartman ,
resuming , "that the patriotism of these 'cor
rupt and unsafe territories and undesirable
states' has never yet been able to rls3 to that
lefty plane of supreme wisdom and virtue
which enables those who claim to occupy It
to Justify the sale of thirty-year government
bonds of a year ago , when that very day
ton-year bonds were selling to IOC. On be
half of the citizens of the states and terri
tories thus slandered and maligned by the
chief executive I here and now repel the
Insult and respectfully suggest that the great
est need In this countiiy. . for the work of the
missionary , the schoolmastttr and the states
man will bo found at tbo white house , "
( Laughter and applause , ) n
This clot'cd the Incident.
On the motion of Mr , Ifltt , chairman of the
foreign committee , the > .senate's . request for
a conference on the Cuban resolution was
agreed to , but the speaVfeij , dltl not announce
the conferees on the par f the houso.
A bill was passed tOfinako the national
military parks national grounds for the ma
neuvers of the regular , arjny and militia of
the states under regulations to bo prescribed
by the secretary of War. ,
FIXING MAnSHALWgSALAniKS.
The IIOUPB then resujrmyllthe consideration
of the amendment to thet-Jegislatlve appro
priation bill to abollsU-jUi ifeo system In the
case of United States attorneys and marshals.
The wilark's of the rnar0h ij fixed today were
Identical with those of .the lli'trlct attorneys ,
fixed yesterday , except In the following dis
tricts : Indiana , f4,50Qj eastern district of
Louisiana , J2.500 ; Maine , $3,000 ; Nevada ,
13,000 ; New Jersey , $2 , 00j northern district
of Now York , $5,000 , and southern district of
New York , $5,000. Under , the fee system
both district attorneys and marshals were al
lowed fees not to exceed $6,000 and mileage ,
which In dome cases swelled the compensa
tion to as high as $8,000 and $101000. Instead
of mileage at the rate of 10 cents per mile
each way the amendment allows attorneys
and marshals tbelr actual ( raveling expenses.
It flxou the fees of United Stitos commis
sioners c3nrlderably below their piesent ecalo.
The debate was Interrupted to allow the
speaker to appoint ao conferees on the Cuban
lesolutlon Messrs. llltt , Adams and Me-
Crcary ,
After the committee arose without com
pleting the consldcratlpn of the bill , a bill
was passed appropriating $96,000 for the re
construction of the Hock Inland , III. , bridge ,
and then , at 5:20 : p. in. , the house adjourned.
WII.MXO TO ronntrr Titn PAST.
flrnrrnl < ionlon Tnlkn of tlic I'mpoicil
Joint I'ltrnitr.
WASHINGTON. March D. The decision
ptibl'shed ' by General Walker , commander of
thc , Grand Army of the lUpubllr. In reference
to the proposed Joint parade In Now York on
July 4 today was called to the attention of
Senator Gordon of Georgia , wh li.ii been
commandcr-ln-clitef ot tlio United Confederate
veterans ever since their organization , and he
was asked If he proposed to take any action
looking to n change ot the date of the next
annual meeting ot the confederates at Richmond
mend , June 30 , and July 1 and 2 , General
Gordon replied :
"This date will be finally decided upon , In
order to permit the confederates who come
from further south to go to New York Im
mediately after Ihc adjournment , and take pirt
tn the Joint parade , but I sec no reason for
changing Hie date of our reunion , which was
called to meet at Richmond by the last an
nual meeting at Houston , Tex. , and although
the data could legally lie changed by me , yet
I shall not do so until I flnd It to b ? the wish
ot a majority of the confederate camps nnd
best suited to the convenience of the people
of Richmond , who hove been most generous
In making provision for our entertainment.
It will readily be seen that no change can be
contemplated If It In any measure Incommodes
our host , the president of Richmond.
"Of courses It would now l > 9 entirely In
compatible with our self-respect as ex-con
federates to take any part In the proposed
Joint parade. I do not wish , however , to
tllscurs the octlon of General Walker. It
has beMi my effort since the war to cultivate
the most cordial relations between the
soldiers o * lhi < two armies and between the
pccplc ot the sections. I am glad to know
that I have had the cordial sympathy and
approval ot my comrades in this effort , nnd
' . wish also to add tn this connection that
I have had the mpst cordial manifestations nt
a llko sentiment on the part of the great
body ef the union soldiers. "
CAMl'AKJ.V COMM1TTU12 OltC AM7.i.S.
Mr re-IT Si-li-ctcil no n Motnlirr of the
K'M-i'iitlvr Committee ,
WASHINGTON , March 5. The members
of the republican congressional cam
paign committee held their first
meeting tonight and selected the
officers who wlH have control of the organiza
tion thli ) congress. Most ot the old board of
the last committee was reelected without
opposition , although there had been pre
liminary rumors ot a factional disaffection
against Mr. llabeock of Wisconsin , who di
rected the affairs of the committee In the
last campaign. This opposition did not
materialize , however , and Mr. Hnbcock was
reelected chairman. Mr. Apsley of Mass
achusetts , vice chairman , nnd Mr. William
II. Thompson of Michigan , treasurer. The
executive committee chosen was Representa
tives Hull of Iowa , Cannon at Illinois , Sher
man of Now York , Overstrcet of Indiana ,
and Mercer of Nebraska. Senators Prltchard
of North Carolina , Pcttlgrcw of South
Dakota , and Mitchell of Oregon , were also
chofen as members of the executive com
mittee. Kach state has one representative
on the committee nnd about thirty of the
mcmbero took part In the meeting , which
was entirely harmonious. Mr. Apsley , In
naming Mr. Dabcock , said that In the last
campaign ho had predicted the defeat of
Wllbon , Springer , Holman and Bland , and
the election of Morton In New York toy a
majority of 100,000 , but had been laughed
at toy the press of the country for his pro-
phocy. Mr. Apsley said the prospects of the
republican party had never been more prom
ising and declared there was no doubt that
the next house , senate and president would
bo republicans. Mr. Hull , tn nominating
Mr. Apsley , raid that he deserved equal
credit with Mr. Dabcock for the work of the
committee In the lat campaign. *
TO HliSTUICT COURTS JURISDICTION.
Move to 1'rovent a Itopotltlon of the
DoliM Contempt Cnnt * .
WASHINGTON , March C. Congressman
Phillips of Pennsylvania Introduced today , at
the request of tha executive council of the
American Federation of Labor , a bill to re
strict the Jurisdiction of the United States
courts In proceedings for contempt. It pro
vides ' 'That the courts ot the United States ,
sitting as courts of equity , shall not have
Jurisdiction to punish for contempt any per
son charged with the violation of any order
or decree of the court whose acts consist ,
arlso cut of , or are connected with the com
mission of any offense Indictable under the
laws of the United States , or of the state In
which thj offensive net Is committed , but
In every , such case the offense against the
court shall bf deemed merged In the greater
offense against thrj state or the United
States. " The bill docs not apply to United
States courts sitting as courts of law. as
distinguished from courts of equity , and only
applies to the latter case In two Instances ,
where the contempt charged Is the viola
tion of an order or decree of court , or where
'I ' maker the offender a principal or ac
cessory to a crime.
Siitro Iett TH Were Uiiiiiiillnble.
WASHINGTON , March C. The olzure by
postal authorities of the mall addressed from
San Francisco to various United States sen
ators and members of congress was the rc-
uult of Instructions Issued from the Post
ofllce department here. Several senators and
members complained to First Assistant Post
master-General Jones some tlmo ago' that
they were receiving communications which
they regarded ao unmallable. The matter
was referred to Assistant Attorney General
Thomna for an opinion. The report of Judge
Thomas holds that a number of the en
velopes were unmallable , and thosa which
fell within the decision were Immediately
ordered held up by the department In a dis
patch to the San Francltxio postmaster.
Judge Thomas , In his report says : "Mall
matter Is nonmallable If libeloua or calcu
lated by Its manner or style of display to
reflect Injuriously on the character or condi
tion of the uddrojisco or any other person.
Amendment" to Hie reunion I.IMVH.
WASHINGTON , March D. Senator Gal-
linger , chairman ot the pensions committee ,
today Introduced Into the senate several bills
bearing upon the panslon laws. One of these
provides that upon the consideration of the
application for a pension under the pension
laws , the fact that the applicant was ac
cepted and mustered Into service shall bo
accepted as satisfactory proof that ho was of
sound body and mind. Of the other bills ,
ono empowers fourth class postmasters to
administer oaths to pensioners ; cue , that In
pension cases the oath of a private shall have
equal weight with the oath ot an ofllcer ;
one , that the failure of a soldier to receive-
an honorable discharge , providing there is
no charge of desertion against him , shall
not be n bar to the granting of a pension
to his widow or those dependent upon him
In case of his death , and ono dispensing with
the requirement In the case of widows ns
applicants under the act ot 1890.
I'r | iOHtiI Another Amendment.
WASHINGTON , March C. Mr. Fenton of
Ohio introduced today a Joint resolution for
an amendment to the constitution providing
that no addition shall ever bo made to the
number of states of the union from any ter
ritory which may hereafter be acquired by
the government , If mich territory lies out
ot the parallel of 30 degrees north latitude.
In the event of the acquisition by the
United Stales of any territory so situated ,
congress la to forever exercise exclusive
Jurisdiction over It.
CoiiflriuntloiiM liy the Semite.
WASHINGTON , March G. The senate In
executive session today confirmed the fol
lowing nominations : Samuel Comfort cf New
York , to be consul of the United States at
Ilombay , India ; George S. Wilson , to be post
master at Malvern , la. ; Commodore Thomas
0. Selfrldgo , to bo rear admiral in the navy ;
also e number of promotions in the army and
navy.
navy.To
To I''ree .f Out Foreign Shipping.
WASHINGTON , March S. Senator Klltlns
today Introduced a bill for a discriminating
duty of 10 per cent ad valorem In addition to
other duties on all merchandise Imported In
veskelu not belonging to citizens of the
United States. The bill proposes the abroga
tion of all treaties contrary to Ita provisions.
fin .Mii"Hnere for Ttru MnnlliM ,
WASHINGTON , March 6. Secretary Olney
has received a cablegram from Minister Ter
rell at Constantinople stating that no gen
eral masnacreu have occurred tn two months
end that much confidence la felt that they
tuvo ceaicd.
Easiness Men Spend au Evening Talking
Nebraska 01 ub ,
ITS OBJECTS MORE FULLY SET FORTH
Ilftorl to AiUnnoe the Mnterlnl Inter-
of the Sin to St 1'oiintlieiteil
n ml Mnny KMircNiloiiM of
Con lilt ence II v I to rut oil.
The movement to push forward tlio state
and the city appears to bo gathering Impetus
and weight. An mUltloiml momentum was
attained last night at n meeting of ( he busi
ness men of the city In the parlora cf the
Commercial club. This meeting formally
launched the Douglas County Auxiliary of
the Nebraska club and nt the same time
brought out some enthusiastic testimony ot
the faith ot the citizens In the state and
city and their Intention to promote nnd In
crease their prosperity by every means In
their power.
Before the meeting was adjourned It was
resolved to hold a general mass meeting of
clttzena under the auspices ot the auxiliary
the coming week. The arrangements for this
were left in the hands of a committee , but It
was decided that the meeting should bo held
on cither Thursday or Friday night of next
week. Invitations will bo rout nut , and It Is
hoped that a large number will bo present.
The meeting will bo held at the Commercial
club rooms.
George F. Munro called the meeting to
order and announced that the primary pur
pose was to elect ofllcers of the auxiliary.
Ho called for nominations for president , and
lu > himself was at once placed In nomination
and unanimously elected. He raid that the
club could do a great deal of good for the
state If all the members assisted In the work.
Ho promised to devote all the time nnd en
ergy possible to the club and asked others
to do the same.
II was decided to elect n vlco president
from every division in the county and the fol
lowing were unanimously elected. II. Hardy ,
Omaha ; Thomas Iloctor , South Omaha ; G. It.
Williams. Benson ; B. B. Baldwin , Eikhorn ;
J. C. Robinson , Waterloo ; Pat MoArdle , Mc-
Ardlc ; Peter Mcngold , Uennlngton ; J. F.
Wcybrlght , Mlllard ; R. R. Klmball. Mercer ;
Dr. Gelson , Elk City ; Frank lllbbard , IrvIngton -
Ington ; V. G. I nntry , Florence.
Major T. S. CUrkson and W. I. Klerstcd
were unanimously clcctoJ wcretary and tiea-
uror respectively.
It was decided to appoint a committee
whoso duty It shall be to appoint committees
to solicit subscriptions of stock. This com
mittee was Instructed to meet at " o'clock
today In the Commercial club rooms. In Its
hands also \\as placed the matter of arrang
ing for the mass meeting to be held next
week. The committee consists of the fellow-
lug , lu addition to the president , secretary
and treasurer of the auxiliary : H. S. Jaynes ,
Theodore L. Hlngwalt , M. F. Roys and Henry
A. Thompson ,
MONEY AT ONCE NEEDED.
After this business hud been disposed of
Secretary Holmes of the Manufacturer * and
Consumers association urged that efforts
should be made by the committee to ge-f-ss
many subscriptions to stock as possible in
order that the club might have money in
hand to go to work. Ho believed that $10,000
or $15,000 oucht to be raised at once. Ho
stated that In Portland , a smaller city than
Omaha , the merchants had raised $30,000 to
do a similar work. Some tout teen firms alone
had guaranteed to pay $50 a mouth for
twelve months to put into this fund.
A request was made by W. B. Taylor that
the objects ot the club bo explained , and
Major Clarkson was called upon by the presi
dent. He said that the motto of tha club
was "Stand Up for Nebraska , " and he be
lieved that the time' had conic to stick to it
not because there was anything wrong with
the state , but because It had of late years
been visited with unfavorable conditions. Us
held that there was .not a etato In the union
which was better suited to the business man ,
stock raiser or agriculturist , than Nebraska.
The resources cf the state were compre
hended not even by Nebras-kans. Ho espe
cially referred to the agricultural resources
which could bo developed under Irrigation
to make Nebraska the greatest agricultural
state In the union. He said that In 1891 not
an acre In the .state was under Irrigation ,
but that on May 1 of this year ditches would
bo dug and water supplied for 1,000,000 acres ,
and by the same time next year 2,000,000
acres would be Irrigated.
BEET SUGAR INDUSTRY.
The beet sugar Industry was picked out ao
another of the great resources of the state.
Major Clarkson stated that the climate of
Nebraska was better fitted to the cultivation
of suKar beets than that of any ether elate.
Its beets furnished 1C or 1C per cent of
saccharine matter , while the German 1-rets ,
heretofore the best in the world , furnlsncd
only 10 to 11. Ho said that under ordinary
crop conditions nothing' paid the farmer like
the raising of beets , as he obtained from $70
to $90 an acre for them. Ho urged the build
ing of small refineries In every county , and
falil that capital for them could bo furnisheJ
If the beets were'raised. The cost of such
" . mill with a capacity of 100 tons a day
would bo from $25,000 to $30,000. By the
process lately discovered the product could bo
partially refined and then shipped to some
central refinery to be fully rollncd.
The Elate could not bo surpassed In Its
stock raising resources. Sandhills and grad
ing lands adjoining , which were good for
nothing else , could be devoted to this indus
try , and tlio state could be made the ircat- ;
ct't stock raising state in the country.
These advantages , Major Clarkson urged ,
.should be presented to the country. "I am a
Nebraska man whether for Immigration or
president , " he concluded.
Secretary Williamson ot the Nebraska club
said that it was the Intention to form an
auxiliary in every county. So far thirty
counties that were represented on the board
of directors had formed or were funning
clubs. Thcao wore waiting for Omaha to ml
the pace lu the work. Ho believed that
1,000,000 Increase in population could bo ob
tained , by the club before 1900 , Ho ndvlsed ,
however , that It behooved to Bet to work
as soon as organizations with similar ob
jects In view had been started In neighboring
states ,
BEGINNING TO COMB ALREADY.
Superintendent Jaynes of the St. Paul &
Omaha informed the meeting that Inimigra
tion had already set In. Ho said that ho had
knowledge of 300 cars of movables that had
lately been brought Into the state for set
tlers. Within the past ten days fifty cars of
movables had been carried Into northern Ne
braska , Ho thought that such facts ought to
bo brought out In order to encourage the
NevsfthclM * . tie bMlcved that dclffx
mined efforts cii ht to bo made to stop ImmU
grants that nro being carried past or through ]
Nebraska to olhcr Mates.
\V. 11 Tft > lor poKe at length on the n&
Usability ot bringing tlic advantages ot tha
slate hcforo eastern people by literature ntl
excursions. In this connection State Secrelnry
Williamson caiil that white the club did not
as yet have muncy to do active work , It was
dolijfi Uinclhlng. Articles on the state wort
sent to newspapers ami facts resardlnR the
ale were bclim distributed in the same way.
Men wore sent out on various railroad sys
tem * lo it'Ucrtlse the state , nnd a largo
amount of literature on the state was being
distributed. Ho urged , however , that a de
termined effort lip made to obtain subscrip
tions to stock In ordir that eomc m n
could bo raljed ,
WninlorcrH * Cluli Moolnl Mini Smoker.
The Waudrrot's club , an organization com
posed of foreign born citizens who meet
nt stated Intervals to discuss "The Lniul
We T. ft nnd the T.nnd We Live In , " held
n ronibltmtlon vmoker nnd concert nt Con
tinental bull Inol nlRlit. The larco room
ns crowded with members nf the i-liilj
iin.l their ft lends , nnd n literary unit
muMenl in-ocram of exceptional merit viis
| ire ent l. Snme of the best known Onmlia.
prcifoiilnnnK nnioiiff Iliom bcliiK Hum
Albeit. W. T. Tnber nnd Thomas J. Kclloy ,
were on thn pioKrnm , nnd ncvornl amateur
singers nnd liiRtiumriitnllMs filled In n bill
of uniiMwl lentjth. The entertainment was a
most enjoyable one.
riusox.vi , I'.vit.vmtArus.
George A. Brook ? ot B.izllo Mills , la In the
city.
city.Mr.
Mr. and Mrs. C. I ) . Oodoll of Wllbor are
hotel guoits ,
Sol Blotsky , dry goods merchant , Shelby ,
la. . Is In the cltv.
N , K , Grlggs loft for Chicago last night
to bo gone a week ,
L. W. Rinsoll , hardware merchant , Glen-
wood , In. , Is In tlio city.
Captain Heck , agent at the Wlnncbago
reservation , Is In the city.
J. 0. Meieath loft for Baltimore yesterday
whore ho will visit relatives.
T. J. Dolsen and George K. Hurst are
registered at tlio Barker from Kansas City.
Frank Cole , D. C. Woodrlng nnd F. W.
Ferguson are Llncolnltcs registered at the
Barker.
II. D. McLean , Advertising agent for the
Merry World company , Is registered nt the
Barker.
John N. Flynn , a merchant of Denver , was
In the city yesterday and loft for Now York
on the evening train.
Victor Caldwcll left for Tloga , Pa. , last
evening , where ho will Join hlB mother , who
has been visiting relatives for several months
In that city. They will return lo Omalm
April 1.
H. T. McCormlclc went to Sheridan , Wyo. ,
yosturday , where he will purchase n largo
stock farm for which ho has been negotiating
for some time. Ho will take his family to
Wyoming this spring , whore they will have
their permanent residence.
Ncbraskans nt tlio hotels arc : G. A. Eck-
ler , John G. Maher , Chadron ; C. E. Hlnman ,
Oxford ; J. E. Gilmore , Hay Springs ; W. H.
Wostovor , Rushvillo ; Jiimey R. Smith , Blair ;
W. M. WiJencr , York ; James Portorlk'ld ,
Wayne ; Dennis O'Flaherty , Dlxon ; II. M.
Hurlbtit , A. K. Lammurs. Hartlugton ; J. H.
Blenklron , Belden ; J. W. Bennett , Elgin ;
V. A. Hester , Harrison.
At the Mm ray : J. W. Woodward , St.
Paul ; James W. Blnney , Plttsburg ; Jule
Braun , Grecntown , Ind. ; E. M. Marqua , St.
Louis , Mo. ; F. C. Travor , C. F. Southward ,
John L. Baker , Chicago ; F. R. Nicholas ,
Ogdun ; J. W. Massaner , New York ; H. 0.
Slllphcn. Chicago ; Charles W. Snivel , St.
Louis ; M. Horton , Chicago ; D. M. Jenkins ,
Detroit ; F. A. Fltzgerlad , New York ; Ernest
L. . Zels , Boston ; S. E. Taylor , McCook ; II.
H. Casson and lady , Lincoln ; W. J. Earlmrt ,
Chicago , 111. ; J. G. Anderson , Pittsburg.
LOCAL. I1IIKVITIKS.
The baby which caused the row In the
Mitchell family has been turned over 'n
Thomas 'Slack of 718 North Sixteenth.
The local weather bureau has received a"d
vices that the temperature will fall 20 de
grees by today noon , or to IB abvo zero.
This evening at 8 o'clock Prof Copplns
will lecture to the Omaha law class on
'Hypnotism and Law. " Prof. Henry will
; Ivo n practical demonstrations of hypnotic
nfluences.
Margaret Mcrlngtou's play "Lcttorblalr , "
will bo given as the second number In the
Young Men's Christian association Star
course In a few days. It Is a comedy which
has met with great success.
A meeting for the discussion of the money
question will bo held at Knights of Labor
all this evening. Speeches will be limited
to ten minutes. Mr. Jcffcoat , Mr. Logan and
a number of others will talk.
The three horses which were reported to
the police ns having been stolen from C. I.
Johnson , a farmer , ton miles west of the
city , have been picked up by a man , Gleabo ,
Forty-ninth and Charles streets.
Shortly after 8 o'clock yesterday the fire
lepartment was called lo a small blaze at
1210 Mason street , which was caused by a
disjointed steve pipe. No damage was done.
The house was occupied by Dennis Mahor.
The police are advised to look out for Matt
Adams , for whoso arrest a reward of $250
has been offered by the authorities o !
Arapahoe county , Colorado , Adams Is a do-
laultlng district clerk of that county , and
lied last November.
Captain Jackson's deep sea collection of
natural history specimens Is still on ox-
ilbltlon at 115 South Sixteenth street for
the benefit ot the Women's Christian Tem-
pcranco union. Doors are open from 2 to S
and from 7 to 9 p. m.
Mrs. M. M. Pugh will give a lecture on
'Hygienic and dialing Dish Cookery , " with
Icnionstrntlonu , In the parlora of St. Mary's
Avenue Congregational church this evening
at 8 o'clock. The Iccturo will be under the
auspices of the Women's Christian Tern-
) oranca union.
Henry Smith ; the bridge jumper and
jurglar who entered the residence of Mrs.
Donaldson , 1722 Dodge street , about ton
days ago and stole $40 In cash from a boarder
mined Mattlco , and who was out of the
icnltentlary on parole , was taken back to
irlson last evening.
Fred Thomas , a precocious youth 11 yoara
of ago , was arrested last night at the In-
itance of his guardian , Chauncey Adanm ,
vJInth and Harncy streets. Adams saya that
.ho boy plays "hookey" from tchool and
s uncontrollable. Ho would have him sent
to the reform school.
Adolph Meyer has closed a contract for a
concert by the Seldl Orchestra company May
9 , afternoon and evening , the contract being
conditional on a guarantee of $2,500 , which
It Is proposed to raise by subscription for
.Ickcti at the regular rates. The BUbscrlp-
lon was started at noon yesterday.
> FRENCH
FASHIONS
FREE
Illustrated by 6 dolls with 31 dresses , 6 suite , 38 hats ,
and 85 other articles , furnishing the- Indies with the latest
French fashions us well as the children with an amusing toy.
WSVS tO ( SoDlJ ° Coupons , or
3 J Send 1 Coupon and 8 cents , or
\ Send 10 Gents without any
Fashions. ' . coupon , to
Dlackwcll'a Durham Tobacco Co. , Durham , N , C. , and the
Fashion Dolls will be sent you postpaid. You will find one-coupon
inside cadi 2 oz. bag , and two coupons inside cadi 4 oz. bag ot
BLACKWELUS GENUINE
DURHAM TOBACCO.
Buy a bag of this Celebrated Smoking Tobacco , and read the
coupon , which gives a list of other premiums and how to get them ,
2 CENT TAMPS ACCEPTED.