Nebraska Newspapers

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_ _ _ _ _ _ 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.
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n I
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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
- - -
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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.- ,
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'k.1
-
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,
. .
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'
.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 ' - : : - :
-