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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (May 26, 1896)
I : .tk _ _ _ _ _ _ V _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ TflE OMAIA DAILY BEE : tWrAY , MAY 2I 1S)1. _ _ 5 ADAMS' ' CONTRACT hELD COOl ) I c J United tfttOa Supreme Ourt Dcutde the j Uu1 Paciflo Bridge Gaza. BREWER'S OMAHA DECISION SUSTAINED i JtilIce Sldrn Ilsuiflrouniln to Dfscnt -31 II'VIIlkC ( n nil ) tOCI JMIJI iii ! Con ViI ! IgrIlgc : ttit Trnrki Iliad I s t U r bed. WAZ1flNQTO , May 25.-Chief JustIce Fuller today ) iande1 down the opinion ot the uprcrnc csmrt In the case ot the lifflon l'acftlc IaIIroad cnnpanr ) versU the Chtcigo , flock Island & Paclflc an the Chicago , sIlI yaukee & St. Pani Italiway companks , 11i vovIng coIItraCtD between the two lant flflflloI ( txnd the Union Pacific a to the right to tine the tracks ot the bridge ncro the Motir ! ! river at OmahR , hIch the Union I'aclfle 3 . I iug1it tc , h.yc Invalidated on the ground that the contract % cUfl mnio by the omca1s of a hraneh line. One of the potnt rated waz that It wa nt IthIn the corporate puvora at the prt1es to make riuIi contracts , but. the chief Ju.tIco Hald on thIs point that there was "nothng ! In the chnrtur of the Union l'aclflc cornpnny that prohtbIt such an ar- rangeinent as Like one In c3ntrOv'ry , un1e by irnpllcaUon , and as by it the public Interest - torest siberved , that conipany reaehIn It ovn IIne8 by a 9horter route and accent- tnodtlng itsi own through freight and travel , 4 we are not prepared to hold that It wa In- valid. " The opinion ais held that the contracts were dilly authorized by the Union Pacific and that they were such contract. a a conrt of equity can epciflcally enforce , thus at- firming the decree of the circuit court of appeaL , for the Eighth dttrIct on alt points. the Ieciaion being against the Union Pacilic. "Tue contract-s in question , " eald the court , "Wore in proper forrn signed and executed - ecuted by the proper executive omoers and at- t'sted by tim corporate seal ; they wore ap. proveit and authorized by the exocuttvc coin- inittee , which committee had all the powers of the board , and voro ratified , approved and confirmed by the stockholders at their regular meeting , This W09 sufficient to bind the V company. although only formal action by the ' board was had. " Jutige ShIra TIX'l' OI' .1 lJIGF IIit1WIIt'S Ol'INION , Itesine r t i. Cnse Iiet.re It 1teiicIiiI the SIIDI'IIIe Court. A brie ! resume of the case follows : In 1891 the Rcck Island and the Milwaukee railroads brought suit in the Uniteil States circuit court , in this state , against the Union Pacific Railway company to enforce a contract. On May 1 , IStlO , a contract giving the flock Island and the Milwaukee roads track- age rights over part of the line of the Union L'aclflc , whichi included the bridge and the tracki Into the depot , was signed and attested by the proper offlcers of the latter company. It was approved by tue executive committee , which , under authority of the board of directors. exercised ( lie powers of the board whqn It was not In oession. Authority to make such a dde- gation of power had bocu giveit to the board by the by-laws , and power to t. make such by-lawn was given to the stock- ] ioldera by the act of incorporation. At a V regular mooting of the stockholders the contract - tract was approved by all the citoekitolders present , being two-thirds ot thi& entire num- bor. It was hold that thio contract was auifllcIentlT executed to bind the corporation. though It had never been formally ratified by the board of directora. and though the notice - tico of the stockholders' meeting made no mention of the contract , In this case four questions were presented nd nruod. They were : First-Was the instrument. as thus signed and attested , so authorized and executed as ' to beconto and be a contract of the corporations - tions ? Second-If it was so authorized and ox- edited , was it ultra vires ? Third-If not ultra vires , i..s it a contract of which a court of equity may compel specific performance ? Fourth-It it may. ought specific performance - anco to ho decreed ? SUMMARY OF OPINION. In the summary of his opinion handed down to the circuit court on the first question - tion , Justice Brewer said : "The Inatrumont wa , signed and attested by the proper cm- cers. It was approved by the executive corn- ' I mtttee , which executive committee was ' I granted ad Interim by the board of directors elf the Powera of that board. Under alt the circunstances of the question , it the contract - tract was ono which the corporation could make. it fully authorized and duly exe- A cutel and binding. " On the second question , "Is the contract one which tue corporatton could make , or is It ultra vires ? " tue justice said : " 'ilie doe- trine of ultra viros Iiai b o thoroughly flitted within th hart thirty years , its ox' . . tent. and limitations clearly defined. Two propositions are settloh. One is that a con tract by which a corporation disables itself from performing the functions and duties undertaken and Imposed by Its charter V is , unlos's the state which created it consents. ultra vires. A charter not only grants rights-it also iznpose.s duties. An acceptance of those rights is an assumption of those duties. Act It is a contract. which binds the etato not to interfere with those rights , o , likewise , It i. ' one which binds the corporatloit not to abandon the discharge of those duties. Tha other is that the powers of a corloratiOn are such , and such only , as Its charter confers ; and an act. beyond the measure of those powers , as either cxpressiy ntated or faifly implied , is ultra vires. A corporatioa lies no natural or inherent rights or capacities. Created by the rtate , it lies such powers as the .stato bee seen fit to give It , 'only this and nothing more. ' And o , wheii it aUmeB to do that which It has not ' been empowered by the state to do , its cm. suniptioTi of power is vain , the act is a nullity , the contract is ultra vires. CONTRACT NOT OBJICTIONAflL1L "I conclude that this contract is not objee.- tioncthie , as no disabling the Pacflc train ihischariiig the duties Imposed by its char- ter. hut the term of thls contract Ia 999 years , and it Is strongly ineisteti that long before that titno has been reached the grow- lag business ot the l'acdc tviii demand tlio ouitire pOti5$5IOIt and use of all its tracks and facilities. and that the length of the terni makes that void which might have been yalil it for a few year , To thl& tn my jtidgnient , . there are two replies , No man can tuteeo the Velure.Ve know that with lncreaeiI vtilutne of business , as a rule. come increai'cd facilities and means for transact- log that ) , uslncss , It ii riot to be expected thct the bnsinesa of any road will increase In the next twenty years Ia the same ratio Its in the iitat. cw roads am constantly being huiit , other channels of transporta- Uon whi ariac , and business so increasing win b diyided among more. So , I bold the contract is not ultra virea. " Third-Is tIcks contract one of vhicli a court of equity may compel specille performance - ance ? The justice salt that titers was , as In otbor parallel cases , a public Interest at stake which juetifleil the Interrentlon of a court of eqnitr. "Thb , " lie saih , "Is a case in which , and a contract ot which , a court of equity may decree specific vorformance , " FOIl. PUBLIC 1NTEiILIST , Fourth-Ought this contract to be sp- elfltaliy enforced ? "The defendant sought tlti. contract. Its executive olilcers were geiitleiiicn of long experience with the prop- crty nail .llstiagnlshed ability as railroad fficialg. There vas no conceaiinent or do- ception. 1w fraud or unfairness , on tine part of the offlcers of the plaintiffs , There was no opportunity for any ; the offleers of the defendant corn- pany fully uhilerstood the situation. To thia contract. not only tue cxeoutiva olflcers , but also the grcat body of stockioldera. of the l'actflc gave their approval. Tim rental finally agreed upon was within a ronall fraction - tion of that which the defendant had determined - mined to ask. ltelyng ! on this contract the plaintiff abandoned idans and negotla- tions for an independent line , and has cx- itelided over ltcOOOO ( ) in bnnlding a road from Omaha to Lincoln , It will be grlev- otisiy hurt It performance is not now ile- creed. I'erfarmance wihi not disable the 1'acilc from discharging all it.i duties and lierforining all its functions. It thi time shall ever coma in which tIcs performance shall tend to have that effect. the government , at least the party having the right to corn- plain , can. interfere and put an 01111 to the plaintiff's possenton and use. The contract - tract its for the interest of the government as second nnortgcigeo , as coining irnrplus use of tracks into nioney. It. Is for the interest. of the public in preventing the destruction of valuable property , nail the cutting up of ft largo city by now tracks and right-of-way. It is to the higher interest of all , corpora- t1on and public alike , that it be understood - stood that there Ia a binding force in all contract obligations , thnt no change of interest - terost or change of management can ihis- turb thcir sanctity or break their force. The deerco will go for the plainUft cm prayed for. " The case was appealed to the United States circuit court of appeals , eighth circuL On July 19 , 1892 , the decision of the lower court was affirmed. The statement in tue do- cirion of the case was given by Circuit Judge Sanborn. lie recited the varioua qiestlons as taken up by the district court of Nebraska. Ho concludea as follows : "The contract was ' .thiu the corporate powers at each of the arLes ! to it : each of them by its own acts became legally bound to perform it ; the powers of the court below were ample to enforce - force it : those powers were wisely exercised in granting its decree ; and that decree is hereby aillrzned with costS. " CLEARS UP TIlE DEPOT PROBLEM. Concerning the decision of the United States supreme court in the Omaha bridge case , Judge Woolworth , counsel for the Itock Iciland interests In the mattor. said ycater- day afternoon : "There is nothing more to cay than that we have received the news of the decision and are very happy over it I really cannot say what effect the decision viii have on the local depot question. That i for the people in Chicago to say. It's a problem that is not to be decided in two or three rninute. however , and doubtiess some tinto may ho taken to consider the matter , It is very 1oeiy that the Rck Island olliclals will now be willing to con- alder the matter. " John it. Webster of the Omaha Bridge and Terminal company said : 'ThI is good flows. It clears tip the depot quortion won- derfuily. Mr. Woolworth has said , within the hearing of at least a doxen gentlemen , that n.e soon as this result was reached the Rock Island road would enter the new depot scheme. President Cable has a1o gven sirniiar as.surances. We have heard this statement many times and from many sources. It there Is any dependence to be placed In those promises the problem ought to ho very near to a solution and Omaha permitted 'to enjoy a unloa depot at no distant - tant day. " President Clark , General Manager Dickinson - son and General Solictor Kelly of the Union Pacific are all out of the city. Their assistante declined to talk on the matter for publica- tioii. A prominent member of the legal department - partment raid , however. that it would be wise to wait until the full text of the opinion of the aupreme court had been received before - fore any conclusions regarding the efTect of the decision should be made. General Agent Nash of the Milwaukee rend is in Europe. TIio ofliclals at the flock Island headquarters appeared to be well pleased with the decision and expres.ed the opinion that the management. of their road would qow enter Into arrangements with tile other roads entering Omaha for a union depot , acting In conjunetlon with the Union Pacific in the matter , V p 1LUss14t LOOlIN ( tl"1'ldLL 1IlR. PILAIfl SISCCiILL Soliols. ' .Vlll Be flMnblIsliesl t 0 li ii e U U ru go Co iii cii t rot' , V WASHINGTON , May 2g.-In looking over the field of commerce , tine flurelans have not forgotten the tact that there is not one flus- sian exporting house In any of the ports of the Black anti Azof sea. , the whole businere of exporting in the southern part of the czar's dominions being in foreign lands. Tile reason aesigneci for this state of VafTairi is that the Russians are not properly fitted with commercial elucation. Therefore , according to United States Cor.cul General Karel , at St. Petersburg , a general movement has begun - gun looking to the ectablishment of special trade schoois with which to educate the Itussian to a point to where lie may hold bin own against the specially trained agents of foreign firms , In those schools , which are variously tupportetl by municipalities , mor- chanin , socicties and private companies , young men of business instincts are given a specIal education In langugago , political economy , political arithmetic and other branches of learning not particularly treated in colleges , but highly essential to the success of those wino venture to engage in the world's corn- morce , In this tlio flusslana are following the German syatom , which has as yet no counterpart in the United States , and which Is deeioping a class of enterprising and thoroughly equipped young business men wIno are rapidly extending German trade in every quarter of the globe. - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - n I I PEN PIOTUHEIS PLELA..SANPL'.Y . A1ND pOiN'PEDLY FARAGRAPHE.D r _ _ _ _ - ' - _ _ _ _ _ _ _ - - - - ; V V SlOTS V , ' T.iN I4IIOES- 'Vu''ti tlIInll3' got those lxIuted too- litce-taits thctt you wanted ( or your boy I's town-a b'nutIt"uI style-.ini exeulleitt SuloO-3'tth'i sizei , 11 ! to 2 , nrc 1.5O -boys' sizec , 2& to 5J , nra 1.75. ! L'11i8 Is ii Ycs close Pl'iCC-llflhl linytj oh. ervce1 tile liCyeiu ) lu the wintlo-'c give It ns\'ily , ' , Drexel Shoe Co. . I , $ tatsJ ntI for Cataiogua. our lllua. 1419 Fariiain - 's ; . It J.tl'NJlSl M.t'1"I'ISG _ Is ttbout tine coolest iloor coveting over luvenfed and this season tlneno voiuler- t'til 1)001)10 ) have niocleleti llaItterus thnt nra beau Ilful enough ( or IariorH-wo have secured all that's nico-nuat atid iiobby-ln J111H111tl lllattilIgi4-lIill ec1l 4IIoS' thu most bow'Iltloriiig nrrciy of ( nisiiIoitt ever produced at 'way dovii Prices. Omaha Carpet Co. Only exclusive Carpet ilousu hero. 0 ge SUCAR BOUNTIES ARE OPILEL1) ) uprdmo Court Declares the Appropla- tiou Oonstitntl nal , IIIGIIT OF CONGRESS TO PAY MORAL DEBTS Dciuilnn Stntc that the ( lnstlon Is Svlnrnte trout ( lint of tine Vidinlity of the Mc- 1itsl ( ' ) Low. WASIUNOTON , May 25.-The supreme court today snataineti the validity of the appropriations to carry out the sugar bounty teaturea of the McKinley and Wiltn tariff acts by a unanimous opinion affirming the ( leCD400 of the circuit court. for the eastern dietrict of Louisiana , and reversing tue action - tion of Comptroller of the Treacury Howler , wino refused to permit the payments of the bounties act the ground that the act was on- conatilnitional' Tine cases involved were those of tIne United States. plaintiff in error , aganat the Itenity company and Andrew Ii , Gay , respectively - spectivoly , The opinion of the court was delivered by Jurtico Peckliam. Both were tent ensen. The Realty company as one of a clans coming under the terms of the ap- proprintion to thee who had manufactured a certain claos of sugar hrevious to the 28th day of August , 1891 , alit ! upon which no bounty had previously bceni paid. The repeal - peal of tico bounty clause n tOe act of 1890 , by the act which took effect on the 28th of \ugust , 1891 , and prOhibited the vaynncnt of bouutie. thereafter , prevented tli company from obtaining the money on the warrant which had becin ise'ucd to it prior to that date. There sore comparatively few por- i'ons coming under the clasa iii which the company stOOl , and the appropriation made for the payment of that elban was a little lean than $250,000. Tue paintiff ! in tlno other suit , Mr. Gay , is one of a class tinder the second portion of the act of 1894 , ho being annong those who complied with the provisions of the bounty act an contained in the schedulce of the act of October , 1890 , by filing notice of applica. tionc for license and bond as therein required , and who would have been entitled to receive - ceivo a license as provided for inn saint act and a bounty of eight-tenths of 1 cent per pound on the sugar actunhiy manufactured hy him during tine period commencing August - gust 28 , 1891 , and ending June 30 , 1S95. The annoulit of bounty claimed by Gay is be. tween $8,000 and $9,000. The persons forni. ing this class are numerous , and the appro. priation for them amounted to $5,000,000. IS ANOThER QUESTION. Comptroller Bawler had based his action largely upon the decision by the court of ap. penis of the District that tine sucar bunty clause of the McKinley act was unconstitutional - tional , The supreinne court In Ita opinion to. day eiid that. for tue purposca of tIne casts it. was unnecessary to decide whether such legiciatlon Is beyond the power of congres , but that in either case tue appropriations of money in the act of 1895 to manufacturer. , and producers of ugar wIno had complied wIth tine act of 1890 were within tue power of congress to make and were constitutional amid valid. In discussing the conditions which existed at the time of the passage of the appropriation act of 1895 , tIne court says : "Tile production and nnanufacturo of sugar in the southern and some portions oftbe vestern states from sugar cane and from sorghum and beets had become at the time of the pissago of' the act of 1SOO an industry jn which large numbers of the citlzeus of thtB country were engaged , and Its prosecution - tion involved the use of a very large annount of capital. The tariff had beenr very high on innported sugar , amid the industry had thereby been encouraged , fostered and greatly Inereaaod. The subject of how to treat this industry wcm under dIscussion In congress while the toriff act of 1890 was before it , & and It finally ( bellIed tine question by enacting - ing tln baunty clause of that act. "Before that tinte the revenue on Imported sugar had amounted to nearly 60,000,000 in one year. To put sugar on the tree list would reduce the revenue that amount , but at the ixinne time it nuigint , as was urged in congress , ruin the perkons ong'.iged in the industry in this country. So the tariff on sugar vas reduced wimile at the same tIme a bounty was put upon ite production here of an amount which it was thought would equal the protection the industry had theretofore - tofore enjoyed under the tariff. The act was approved by the president and no question of its validity was mode by any officer of the government having any duties to perform under it. Under the act large sums of money were paid to sugar manufacturers as a bounty and no officer of tue government questioned the validity of the act. FORCED TO ACT IN THE DARK. "This condition continued for about three years. In the winter , spring and sunumer of 1894 it Is a mutter of hiatory that. the dis- cuesion of the tariff bill which finally becanne a law Oil the28th of August of that year was continualt.going on in congr4us and through tim luiblic priints of the country , Before the passage of the act it was , of course , wholly uncertain as to what its provisiona would be , including the question of the manufacture of sugar. No man could predict. No one could have stated whether the bounty would be taken off entirely or materially reduced or left as It. stood by tine act of 1890. The whole quostion'of tariff legislation at that time was full of uncertainty , In the meantime the 50.1000 woo appraching when the nuanufac- turer of sugar muet decide what to do , lie was confronted with the fact that the law of 1890 was still in existence and under itai provisions - visions he must. If he meant to ayaii himself - self of tizo bounties payable under time act , make his application for and obtain a license prior to July 1 of that year. In his alpiica- lion fOr fl license ho was compelled to give a general description of the machinery and thici methods to be employed by him with an eutimate of the amount for the current year , and his application would have to be accoon- pammied by a bond taut ho would faithfuliy ohoervo the rube and reguiations that would be prescribed for the miriufacturo and pro- ( luction of sugar , It ho omiado applicatlomn and obtained his iicenso anti commenced time manufacture of sugar under the provisions of tue act of 1890 , he could not be certaimn that the congress might not strike out altogether - gether time proviniomne for tiio payment of any lmounty and ho be loft in such fa condition that lie could neither mncinmifactirro with profit nor abstain ( rain manufacturing without losmi. The court says there can be no ques- lion of the good faith of the plaintiffs. Tine question of the cocwtitutionaiity of time sugar bounty in time act of 1890 is entirely immnma- tonal. It is a question at equitabie coneld- \ \ ' ' ANY KIND Oil' MUSIC- YOU can't nnmmno amy itieco Of initiiilc- nos % . 0l old-hut vlmat time elmalncei4 niro U out of 10 wo have It in stock-or cait sure elmotigim get on quick notice. If all tIme mliect music in Onnalma outside our store W't'i'tn put in one vhiice It woiildii't Inc malt nisniineht nit omiri---slieet nutumie for Ic a comy-aiul heeL iiiusic' for 5c- ituti tip. A. Jr. . Hospe. . MuskaudArt. 1513 Douglns - - - oration and tlm courtIbNl , the piointis cc- qmnired delta upon lejtjovernmnint of an equitable , moral or iroiraile , nature , " PAYMENT OP 4 i ntu. lE1IT. The principle upon % & 'hid the court bes its dectaicu Is contained''ia ' the following ileclaratlon "Under nlllrtmvrovlelons of tine constitution ( article I , iectio 86) congr'ns has tine power to lay aultI coliect taxes , etc. , to pay the debts Cf th tThIted Statee. "having the power tqaIEe money for that purpose it , of Coure ? , few that it hac macor winen the money VIa raised to appropri. ate it to the sante objd&Ulrrhe torni "debts" Includes those debts pr.qaimo which rest upon it mereiT equitab ) or honorary obttga- Uon and whlclt wouh&I'nrt' ' ho recoverable in a court of law if existIU agalnat an in- divithmal , Their recqgntlon depends solely upon congress. On whether It viii recognize - nizo claims thins founded must be left to tine diccrotion of that body , Payments to in- divlduals of right or of a moiety legal claim but payments in the natere of a gratuity , yet having some feature of moral obligation to support them , have been made by the govetnnnent by virtue of acts of congress appropriating the ( undo over since its foun. dation. Some of tine acts were based upon considerations of pure charity , " Tire indirect or "war risks" rejected by the general arbitration tribpnal but paid by congress - gross and French sinolistion , claims are cited as imietancea of "inaymnents that am , not of right , but in time nature of a gratuity and aci an act of V grace. " and it is said that the power to provide for similar claims ham ; been recognizeit by state govern- anoints and sustained , for examnnple , by time Now York court of appeale iii tine caae of tine town of Guilfords versus Chenango county. In conclusiomn tine court says : "In regard to the question whether the facts existing in any given case bring it within the tlearip- lion of that class of claims which comngrosz' ought to recognize as founded upon cqtnita- blo and moral coneiderattons amid grounded upon principies of right and justice , we think tinat generally ucii question must in 4ts nature - turo be one for congress to decide itself. its decision recognizing such a damn annd op. preprlating moiney for its paymmncmnt coin rarely if ever be the subject of review by time judi- cml branch of the government. Upon the general principle , therefore , thdt thnmi govern- moat. of the Untted States. through congreos , has the right to pay debts of the United States and that tine claima in these cases are of a nature which tlnat body might rightfully - fully constitute to bo a debt payable by tine United States upon considerations of jins- tice and honor , we think the act of congress making provisions for the payment of auch ciainis wore valid without reference to the questIon of the validity of invalidity of the original act providing for the payment of bounties to manufacturers of sugar as con- tamed in the tariff act of 1890. The judg- nnonts en these caees are right irrespective of how that question might be deoided or of any conclusion that might be reached upon other questions suggested at the bar. " Justice White ( lilt not participate in the decision of this case. GENE1LtI. D1OF'ICiflNC % IS I'ASSIOi ) . Lmmst of time SupilyIiilIM GOeS 'l'hrommghn t iIi ! Si-unit' avlthi Ant'Iniiiemits. WASHINGTON. May 25-The gonneral deficiency - ficiency appropriation bIll , the last of the supply bills , waa Lefore the senate throughout - out time day and passed 4tist zeforo adjourn- nment. It temporarily , tlisBlaced the bill to prohibit the irsue of bqnd As paased , the bill carries about $ io,060Ob , an increase of ' $6,000,000 over tine house bill. The most important amendment dlr ei1 to up to 2 o'clock was that of $1,512,979 io1th' Soutinern Pacific cominpany for transportatitinlot malls. At 2 o'clock the bon4 bill wac formally laid before the senatq , and Mr. Pritchard , republican of North Cahlinh , was recognized but after sonte discimssl&n the bond bill was informally laid aide . ' .tba consideration of the deficiency bill continued. All the corn- mittee annendmenIts weiagreed to. An amendment by MrifWtcholl of Oregon to pay the claim of , Roach , the ship- bmmihier , was ruled oui on a point of order. dr. Warren , repuhllcah of Wyonninig , offered an amendment appropriating $1,027,000 , covering - ing 341 Frenqh spohitiofl claims , reported from the court of ciaims. On a paint of order , whicln the chairsiibthitted to the s n- ate it was decided that the claims vero proper as an amenthnent-32 to 14. Mr. Harris , democrat of Tennessee , of- farad an amendnneflt. to''tho amendment ap- prcpriatIng $548,000 to 32I claimants under the Bowman act. Both series of claIms , Frencim poilation and Bowman act , were agreed to. Further amendments were nnade appropriating - ing $174,000 to pay the Chauteau claim aria. lag out of the building of a battery in 1864 , providing compensation to the Mexican boundary - ary commiesion , appropriating $73,000 for "claims certified by the Treasury depart- meat , " appropriating $80,000 to the Portland company for the construction of the boats Agawamn and Pauluso , appropriating $77,000 to W. S. Grant for ciupplies furnished in 1860 and 1861. Tine deficiency bill. an titus amended , was passe0 , Tine conteremnco report on tine sundry civil bill was presented , At 6:20 : the senate ad- journcd. _ _ _ _ _ _ OXNARI ) iioori'r CLAIM APS'iIOVED , Comptroller howler Pnke. First Stops to CoimmIy with tine Decision. WAHINGTON , May 25.-Mr. Bowler , the conuptroller of tbo treasury , has taken moac- tires to comply with the decision of the tiupreme court. In a letter tothe auditor ot the Treasury departnnent he statea tinat the damns of the Realty company of New Orleans - leans and the Oxnard Beet Sugar company , under the act of March 2 , 1895k are now approved - proved for payment and recommnends that tine Oxnaril claim be withdrawn from the court of claims , Mr. Bowler recognizes that today's decision in these test cases applied to all properly autheziticated claims under tiio act of March 2 , 1895 , and will proceed at once to pass them for payment. The amount winich will ho required to pay the caine and beet sugar claims will be about $5,237,000 , which , if eli are paid before July 1 , will increase 9io deficiency for the fiscal year to about $30,000,000. Mulct's tint51H''Il Still ( Ircoter , WASHINGTON , May 25.-Tlno small corrections - rections iii tine speed of the battleship Ore- goni on her recent trial trip off San l3arnar- dine ware in favor of 4the contractora. as shown by the following telegram received by tine Navy department today from Admiral Ijeardelce at San Francisco : Oregon's speed with all corrcction3 applied is 16.791 knots. Tine first report placed time speed at 16.78 knots , DkI you ever think how readily tine blood V is poisoned by constipation ? Had blood meant. bad health and prenmaturo old age , DeWitt's Little Early Risers , tho' famous little pills , overcome obstinate . 'cnatixtion. i V4 In - in , w 'I'lIIi I.li'I"1'l6iIS ' .Vli ( iI0'I'- Fromu lroiniiuemlt ) people nil over tine country iIi tell you how highly ea4teelmled im DrV. . I. Scyimmour , our optli'litli. It' . Soinmnti'rme sayn : "I inntve known lilmmi for ear ninth Ito is per- ft'ctly reliable I a evt'ry particlila r. " I'Oi4tIfliln3teI' ] tlclict Martini s:1y1 : 1)r. hey. imnour "is mckiilfiii ulnil comnIetenlt" ) annd lie recoininicincis imini very highly. Aloe & Penfold Co. Sin of Big Lion no iuIronitobtoru. U artiain - _ V V 7\j 1 cl.\r/J . ; V , Acm. ' . , ' . , V ' ' ' ' V S V I V Michnelg , Stern & Miclnnel , Stern & - Mklirielg , Stern & " Co.'s regular i1O , $12 elegant $15 , $13 Co.'s $22 black dress niitl $1 suts-tlne fllltl $22 'orsted sult.q , in ahmnton ( out. very bcst high grade stiit-iiimtt1e In time RWfiY styles-time fin. stilts iiimiil for hoist- best vossible uminner oat huinterhil-tino best 1ics ; wear-choose I'roin a bIg lime ntJ , ! ( VMY stYle aiitl \'oL'lonnnludmih-ilt oat' $ S.50 , S.OO , $7.O4' 7 _ _ _ size _ ( ) lot 'while they h18t1350 noid $1.1 , $12 ninth : it . . . . . . . . . . . . . . . . . . _ _ _ _ _ _ lIOUShO IISCUSSIS rhtlld .tI.CuItOL. Mr. Hvnmms of iCcnhmmi'kI'r'st'mmts time 11111 ru , ' time iIi'peitl mif tine limt. Vt'i'.SIIINGTON , May 25.-Mr. Kent , poilu- list. of Nebraska , resumed hIs obstructive policy at tine opening of the scocilon of the houre today , entering objections winerover possible. Mr. Babcock of Wisconsin pronnpthy claimed the day for District of Columbia businees , When it was concluded , on motion of Mr. Evans , republican of Ken- lucky , the mouse went into comnnittee of the whole to coneidor the bill to repeal'tho free alcohol clause of tine existing tariff law. Mr. Evarm , in charge of the bill , opened tine debate in support of the nnoaoure , lie said tine bill would mat affect the claims mow pending , amounting to $15,000,000. Mr. Evans offered the amnueazlmnent of tine bill , which had been agreed upon as a comnnpronnoa ! by some of the friends and opponents of the measure. It proylded for a joint connmmnittee of tinree members from each house for consideration of all claims for free use of alcohol in the arts to report in December. Speaking of the justice of the claims tiled under the pre'.uent law , Mr. Evans expreesed tine opinion that as the mnamnufacturers had charged their customers the amount of the tax they were not entitled tO have it refunded by the guy- ernment. If the courts decided oUnerwlse the government would have to pay tine oen- alt ) ' of crude and Ill-considered legislation. Mr. Russell , republican of Connecticut , in charge of the opposition to tIme bill , said he conceived it to be the policy of time repuh- hicani party to care for and further time manufacturing - ufacturing industry of tine country , and , so conceiving , lie believed It should give man- ufaeturera free alcohol for use inn the arts. Indeed , inc said , theplatformn of 1892 brought on by Major McKinley ( applause ) contained a declaration for free alcohol. "flow do you account for the fact. , " Interrupted - rupted Mr. McMiliin , democrat of Tennee- see. "that Major McKinley , while chairman of the committee of ways and means , made no provision for free alcohol in what was known an the McKinley bill ? " Mm' . Russell , in reply , called. attention to tine fact that the McKinley law reduced the tax on alcohol 37 ¼ per cent , and at the same time increased the import duties on goods in the manufacture of which alcohol is used. "Give us tine McKinley law as a substitute and we will forego time demand for free alcohol , " he said , Mr. Hill followcd in opposition to the bil. He said there were three advocates of tine repeal. The Whisky trust , for profit ; the Wood 'alcohol trurt , for the same reason , and' the democratic party. because it believed in large internal revenue taxes and low cus- tome duties. At 5 p. nn. the committee rose , Mr. Strode , repub'ican of Nebrarka , presented time majority - jority report in the contested election of Martin against Lockhart , wad at 5:15 : p. m. the house adjourned. l'residemmt Commsi,1erIiij time Hill. WASHINGTON , May 25.-Time presIdent today began consideration of the river and harbor appropriation bill , whicin reached the white imouso Saturday night. He sent for General Craiglilil , the chief of engineersAs It is figured at the whnito house time president may act upon tine. bill any time up to and inciud- ir.g Wednesday , June 3. 'Tue eroablemit will examnnino thi particular bill carefully in all of ito details and although his past record simowe that anmch measures are repugnant to him , lie insists upon copalderlng each of them en its own merits and without reference - once to what has gone before. If a veto is to be sent in , it is believed it will bo forwarded - warded to congress about the end of thia week. _ _ _ _ _ I'rt'is1emntlfll Noiimijmn tIon'I. WASHINGTON , May 25.-The president today sent the following mnorniinations to tue senate : Treasury , John F. Nash of New York , to be surveyor of customs for the port of Syracuce , N. Y. ; justice , J. Ward Gurley of Louisiana , to be attoruty of time United States for time eastern district of Louisiana. flin'ilemmdMfor No tiommnl Ilntnks , WASIIINGTON , May 25.-The comnnptrohler of the currenicy has declared dIvidends in favor of the creditors of insolvent national banks as follows : Fifteen per cent , time First National of Redfield. S. I ) . : 15 per cent , the Lien CountyNational _ of Aibammy , Ore , Failure of U. Nnttiommul himmmnk. WASIIINGTON , May 25-The comptroller of the currency has received a telegram an- nouaclng the suspension of tine National Ilank of Jefferson , Tex , Bank Examiner McDonald - Donald was placed in charge. Time' bank has a caiital of $100,000.p America La fast forging' ' ahead in every- timing. Ccok's ImperIal Extra Dry Chum- pagno i excelled by no foreign article. ' . ct" : IA' 'I'iIlO "JISWIILL" ( lAS JLANGH- Tine imnost perfect gas stove nnndo- tIne gant company imiakes for US all COlL itections with time imoin free of charge , Tue "Joweli" Inns an nlJtlstabimn vm.tiv'o that snives nt'nirly Ii third of tine gain ltill aitni Its cleanable lairnerin hle'er 11(11) bitek wlnen llglited-ncvt'l' out of oi'tler-t lie los'tnct Priced high gm'udu stovu made. 4 John Hussie Fldwr Co ? :24O7 : Cu rniiig _ _ _ _ : S - IXIIANS 'sl.tY o'r icii.i. ( LtMi. .rmclcsnn's hole Cinvc'rc'l 1 , ) time Stmmtmites of Vynminimng. WASh INOTON , May 25.-Tho simpremne court , in an opniomn by Jnnstico W'lmite , today passed upon the right of the liannock Inn- diana to kill game in time lands of their former reservatIon In Wyonnimmg , holding that under tiier treaty time lnnliano cmmlnl imot kill game In violation of time ganmue laws of tine state. 'rho title Of the case was tlnat of J. II. W'ard , sheriff , against Race Horn , the latter being am Imlian who had surrendered mmmi- self to time \Vyommilng state anmtlnorltics for time purpose of testing the mnmntter. Tine opinion of tine limmited States district court of Wyomnimmg , by winch Race Horn was ye- leased frommm custody , was reverted and it was ordered timI. the Indian be remnunmided to time cuetody of the state authorities. SUI'ltlOM l'3 COUIO'I' hAS .tI.IOUItNIOD. iocl.t Commtaimms Fenor Cimses Timan tTsmmmmI mm t tIme lOmnd of IL 'Vermin. WAShINGTON , May 25.-Tue United States rupremne court adjourned today for the termni after delivering twenty-seveim opinions. During the loran time court has dleposed of 437 cases. leaving 535 on the docket , a ennalier muummmber thani lmas ever remained at the close of any preceding term since the cloao of the termmi of 1876. In ad- dt'on to these finally dfoposed of argument has been hoard in twemmty-eigimt cases in s'liieh opinions were not rendered. Time moot important of the cases wimict } go over is that involving the constitutionality of the California irration ! law. Condition of time Trt'imsiiry. WASHINGTON , May 25.-Today's state- meat of the condition of time treasury shows : Availahle cash balances , $267,327,601 ; gold reserve , $111,13Z,995. S wlos'riouN i'io'4sioNS. VetermmmmM of time Lnte Vmtr Itemmicmnt- holed tine General Guy erimmemnt. WASIIINGTON , May 2JV-Special.-Pen- ( sions granted , issue of May in , were : Nebraska Additional-lsVlac C. Hawk , Lincoln , Lancaster ; Joinn A. Hays , Aaxwel. Lincoln ; William P. Fouta , Grand Island , Hail ; Enoch W. Gowin , Litchfield , Sherman ; FrancIs Westerfield , Wahoo , Saunders. Re- irsue-Jesse Chappell , Lincoln Lancaster ; Itoss 'r. Adams , 1'leasant Hill , aimme , Iowa : Origlnai-Thonmna S. Onitrani , Des Moints , Polk ; Samuel H. l3umk , Quinnby , Cherokee ; Samuel I' . Bias. Znhansomn , Cal- houmm ; Charles Marquand , Nurahahltown , Marshall ; Jeremiaim Smarter , \Viiiamnus , Ilann- ilton. - Restoration and additiOnni-Jacol , Sailor ( deceased ) , Shehi Rock , Butler. In- crease-August Uilrichi , ICeokuk , Lee ; Caiei , 11. harper , Bedford , Taylor ; George Smiri , West Uniomn , Fayetto. iteissue-Charies 0. Icetteaon : , Cresco , howard. Original wil- , owe , etc.-Eihen M. Temple , \Vest Bend , Palo Alto ; Louisa N. Godfrey , Lmmunommi : , Decatur MClissa I. Elder , Richiand , Kookuk. Sutii Dakota : Reisoue-TlmnmotiLy Doria- inue , Beaver , Miner. North Dakota : Original-Henry Weber , Havana , Sargent. Coornulo ! : Increase-George H. lltmes , Fort Collins. . Larimer ; Henry W. ltcdman , Canon City. . Fremont , Issue of May 9 , were : Nebraska : Original-James ir , Procton , Omaima , Douglas ; iienton J. Fryrnine Bloom- Iied , Knox : Thomas Widdis , Trumbull , Clay. lncrenae-Wesloy M. Vannice , ilrokemn Jw , Custer , Origimnai Widows , etc. ( special , May 15)-Marl ) Coonrod , Mccool Junction , York ; Nancy i 1 Sherman. Cortlnmmd , Gage ; Sarah C. Wuif , Ilougin , Dawes. Iowa : Addltmona-George : it ! . Stnlnl , Cal- via , Marshall ; Abraham \V. Maxwell , Es- therville , Emmnet. Increase-George W. Stevemnson , Cofax , Jasper. Issue of May 11. were : Nebraska : Original-Thomas Crook , Baa- sett , flock : John A. Grandataft , IJlLs3ett , Rock ; Lorcmnzo V. Quick , Gotinenburg , Dawson - son ; William B. Brown ( deceased ) 'recum- coin , Johnsomm. Additional-Wiiiimim ti , Ilight- mire , Columninus , Platte ; Ail'n M. Muilee , Amherst. Buffalo. Inc-e.ire-Ze. as ii. Snnlth Colon , Saunmdcmt. Orna1 widow-Lena Cainow , Omnaia , Douglas. Iowa : Original-John . Biddy , Perry , Dallas ; Lyman S. Slivers , Webster City , Hamilton , Increase-ilorace I. Sheldon , flu mloldt , I I U in bold t , Iteissue-Ciminries Tucker , Boone , 1100mm ; ilenJamniin F' . Jlil Keokulc , Lee' William J. York Fsst Dem Moinen , l'olk ; Samuel P. Orinsteft , Lucas , Lucas , Original wIdows , etc.-Mary J. Satia , Mar'hmmiitown Maralnali ; iiizaieth P , Lummum , Comrectjonville , Woodbury ; Cam'ander Vanscoy , Imnnlap , harrison , North Dakota : Originnal-Orlanilo Cornefl , Gladstone , Stark , Origimnmnl winiow-florte Karine Cimristophnersen Grnfton , W'alslm. South lakota : OrIginal-Willis S. Cimuse , Ashton , fipirmlc. Itestoration amnil Immcreamia- Emeraomn ' . Faiea ( dcceacnI ) , Miller , Ifamnd , Origimmmni widow-Charlotte A. Fale , , Miller , Iland. Colorado : Original-Jaoeb Ortin , Konantz Ilaca ; Wiiilann ir , Green , ienver , Arap. oboe , Origlmnal widow-Olive J. Mihiett , Akron , Washington , /4 / , ) L . L2r , I'1 1 1 ) ( 'I'liLG CAT COMHS Ii.tCIC _ You can't lose a cat-bound to caine lttlck-llictt time ix.'ollo we store goodji for 110th lmlovo-we 1o a job alice for them- thttty'ro bouzmI to come hineic ( or thmtt next. Our "Big'Itlis" do time business no ea.ly 011(1 totso iltUe luohiey-ts'o tinor- oiighniy m't'hinhie mien go vithi each "lug , , , . \Itll ninti w.ts nlm'u tine imnost ntccoiiminnodat- lug people you evei' lliL't. Omaha Van nllLIc ) ; : : Our telephone 3Z3- 3Z31415 F In Wnba.1 OIllcc , , , . - V -r V - - - w- Strl.t' School. S'tItlHltS CtMIC. . Conmi inn I t I ces NnuymttVo rk l'repn ci mm fill'l'Iieir Itet'i'pt loin , . A mmmcetlng of the conmnmnittco of arrange- nimenta for tIme Imnterstae Sabbntii School inn- citittite of tine Presbytem'lamm cimnmrciues of Iowa amid Nebraska was held at th First l'resby- terian clmtnrchn last evomnimmg _ Tine institute is to be meld un this city June 06 to 18. Rev. S. M.'are , D.D. , clmalrmnami of the comnmnuit- tee , presided. The following commnnittees reported : W. II. Aniderson , C. A. Westerfield , Miacs Hurst and flurkett , Second chmmrch. Vostmmninster church-li. L. Kridor , suparin- tendent Sabbath school ; Mrs. Gill and 0. A. \Viliiamn.s , Lowe Avenue-J , IC. Floating ammd F. T. F. Moseley. Ciifton lull-Rev , J. D. Kerr amnd Mr. \\'is. Cannteiiar-N. M. Ruddy anJ John A. Brad. Icy. Bohemian cinurch reported it would en- tem'taimi all Boherntamm Ineople. Comunmiatee , Mr. Itognomnr amnd Mies Bricin. South Ommmaima-Misses , Thurhow and Anna Gennnnlli. Conmncil Biuffo-Thintlo Tliwatte and A Mooroinouse. Rev , J. B. Currens , synoilical imnissionary for the state of Nebraska , said they b.'d secured names for a good urogram. TLe7 hail an excellent corps of good speakers , which ensured tine convention being a sue- dealt. Time principal mnnatter now was that. of emntertahmtnuemmt. Last year there were ' 00 to 400 delegates at tue State Sabbatin School inetittmte in Cedar Rapids. Iolegees are requested to report ten days before the sea- sion of tine institnmto meeting. Comnmnnittees from the various Prcsbyt'rian cimurcimes are requested to fmmrnish names am.d adilrereea of those who will entertain ride- gates , either at their moines or at lnotis , to tue clnairnnan. of the comnummnittee , 10ev. S. M. \Vare , D. D. , 2424 Caidiseli street , Omalna. 'limo comnvention will be held inn the First Presbyterian clnurch , Sevcnteentln anti Dodge Streets. Dr. Ware said that no work was more inn- portant than Sabbath scimool work. 10ev. J. B. Currens stated that the insti- lute lit Des Moimnes anti Minnnoapolls createil great cntlmusiasmn In Sabbath scimooi work. J. K. Flemmtimng said that of 17,000 acceasloas to tine church in time state of I'emnnsylvania. a large portion of thorn owed their convemlon to innstittnto and Sabhatln school work. The conimnnitteo maceta agatmm in tine same place next Monday evenimmg. Conumnitteca are urged to push the work in time himme or emitortainmnemit and bring in reports next Monday evening. Young niotiners dread the summer months on acount of the great mnortality ammnong cmii- dremm , cauoed by howl troubies. Perfect eafety many ho aa'sured those wino keep on bond Do- Wltt's Cinolic and Cholera cure , amid adnuinia- ter It promptly. For cramnps , bilious colic , dysemntary anmd diarrhoea , It affords instant re- hief. _ _ _ _ _ _ _ Onmmnmlmn. : flii in hiummore.l mm t ' , in1e. Mayor liroatch ina received word tinat mis son , Jmimnes Wallace Broatcin , now pur- suimug graduate studies at Yale , has just been awarded thno Foote university fellow- ship. This fellowship is one of tine tWo , wlnicln thnO Englisin department secureml in. this year's distribution , and mete time recipi- emit mnhatnt 1250 , to say mmotlminmg' at tIne honor' and recognition of talthtui work which it iniplies. Mm. Jammu'sS'imiince Ilromntchi grarl- unteil with honorim ( rein tine Ommunhna high scinool in 1587 , amid ( mont Yam inn Th3h , am-mcI expects to secure imi graduate 'legron nit the clOre of tine next academic year , A. L. Wooster. a proimnimnent citizen of Os- eec , Mich , , after suffering excruciatingly from piles for twenty yers , was cured in a short tinno lmy inning DaWitt' Witch Hazel Salvo , an absolute cure for cii skin diseases. Mere of this preparation is used than all others -emmubined. _ _ _ _ - . _ - 'I't'nt'im'rs to lie I mn-mied I , , Onmmmimni , A movement inns been started by time Nebroelca teachers to mecnnre the meeting of tine NatiomnnI : 1'emichera' association for Omrnina inn 1898. A large delegation will at- tefli ( time anmnmal m'ession at Ijuffain , in July , amid prcsemnt tine culvammtnies of timis city as a place of nneetinng. Time ronven- Lion attracts all time wmty front IO,00c ) to : io,000 Poolh C. _ _ _ _ _ _ _ _ V'cirmmitmg a. Sienicwrnm mihmin Climb , .A. atennograpinic club will be fornned by time nnennbers of time Young Mcn' Christian association for the study of mchortimnnd nnnch literature. 'limo first meeting will be held' omm i1onmdmny , Junmo 1 , nit 73I ( tn. cci. , mmmcl all' vhmo are interenteh , in in club of timla kindt are invited to attend. VS 1)1 101) . cAMpnEr.T.-rranlc 16. Monday , May i , 18JG. 6:30 : p. in , Fnnrmeral Tromnn tine rpslmlence of C. (1. Hunt. 2101 0mm street , Wedmmesday , . May 27 , at 2 o'clock , p. m. Sr ? -4.- , z ? 'k.1 - ' 1' , . . , .jt.t ' .1 L.1 : hull. ) ilCYCf.Ii IIECIdI"rION. . . . 'l'ntkes 1)111CC iiext Tlnhi'sday evtmniiiig- vo lti'o nnaklng great premmai'ntimnrm&i ( or it 1111(1 ( liroinlge 11 good tunic to i-ychisti- buy ridc'rii wiil be ircseuled with a Lmt Frmniico or it mmmurhcniii bert lily l'OStl 118 a. souvenmir of tine occ'amtion'-our Chiteigo expert hnl'OP08 ( ' $ to sint , ' seine iimnv ( 'rinkht'S Iii time inodmo vnttmi' dispelising line durlnng tile I'CCCItioil , Kuhn's Drug Store , Really Cut L'rico the Drugtltore only 15th & DoUglas V ' - : : - : -