V-1" * * FHE OMAHA DAILY BEE .ESTABLISHED JUXJS 10 , 1871. OMAHA , TIlUtlSDAY MORNING , OCTOJJBK M , 1 SOT TWELVE I'AHES.D SINGLE OOl'Y JTIVE CENTS. STATISTICS OF RAILWAYS Interstate Commerce Commission Makes Its Annual Report. RAILWAY SYSTEMS OF COUNTRY REVIEWED IroKrrxM In Ailopllim .Safety Ai- | | i 1 1 IK-CM Ca filial I rat loti AvrraurN Ifll.'I.IKM Per .MillccloViitN ( o iillIllo- : < -H Illlll I'll WASHINGTON , Oct. 13. The ninth sta tistical report of the Interstate Commerce commission for the year ending June 30 , 1SOC , gives Interesting Information concern ing the mileage , equipment , number of em ployes , capitalization and valuation , accl- ( IcntR and earnings and expense of railways In the United States for the year named. One hundred and fifty-one roads , representing 30- ( 47C miles of operated mileage , were In the hands of 'iccclvcrs on June 30 , 1896 , a de crease of eighteen from the previous year , The capital stock represented by the railways controlled by receivers was $742,587,638 , and the funded debt was $ ! )09,733,7GG ) , , The total railway mlloago on Juno 30 , ' 1896 , was 182- 776 , an Increase of 2,119 for the year , Georgia showing the largest Increase , viz. : 233 miles. The number of locomotive. * In se vice was 33,950 and ot cars of nil kinds 297,019 , an Increase of 251 locomotives and 27,088cars. . Of the total cirs and locomotives 448,551 were fitted with train brakes and 545,583 with automatic couplers. The number of freight locomotives with automatic couplers was 3,373 out of a total of 20,351 , and the cars In freight service fitted with train brakes was 379,058 out of a total of 1,221,887. An Interesting featu'e of the report is a summary showing the amount ot compensa tion paid to the railway employes of the United Statra , who aggregated 820,620. Their aggregate compensation amounted to over CO per cent of the total operating expenses ot all railways , a slight decrease from the preced ing year. Mudi data on the capitalization and valua tion of railway propeity Is contained In the rope t. Tlio amount of railway capital , II Is shown , was $10,566,865,771 , which , assigned on a mileage- basis , shows a capital of $59,610 per mile of line , and , If current liabilities lie Included as part ot the capital , $63,06S per mile of line. The amount of capital Block was $5 226,527,269 , ot which $969,956,692 was preferred A fraction of over 70 per cent of the capital stock iiald _ no dividends. The total dividends amounted to $87,603,371. Passengers carried during the year num bered 511,772,737 , an Increase of over 1.000- 000 , compared with the previous jcar , which , however , showed a decrease of 33,266.837. as compared with 1894 , Freight tonnage amounted to 765S91185 ; , the largest ever re ported for railways lu th's ' country , and an Increase of nearly 70,000.000. Gross ea n- Ings amounted to $1,150,169.376. an Increase ot nearly $75.000,000 , resulting In n net In come over $33,000,000 larger than the previous year. Nearly 1.900 employes were killed and al most 30,000 Injured during the year , an In crease of fifty In those killed and over 4,000 In the number Injured. One hundred and eighty-one passengers were killed and nearly 3,000 Injured. The number of persons "other than employes and passengers" killed was 4.406 and those Injured 5,845. Those figures Include casualties to persons reported as trespassers. For every 4H men employed on railways one was killed , and for every twenty-eight men employed one was injured. Ono trainman was killed for each 815 trainmen employed and one train man was Injured for each ten men employed The number of passengers carried for one passenger killed was 2,827,471 and the num ber of passengers carried for ono passenger Injured was 178,132. I'lISHIM ! AX IvhliUMTY OI.AMI. 1'erii ItiMiiicNd'il to Hurry l'i > with' KM Ail.iiiNtim-til. WASHINGTON , Oct 13. The State depart ment has again directed the attention of the government of Peru to the desirability of closing the long pending MacCord case. In which Indemnity Isasked for the Imprison ment In Peru of Victor MacCord , an Amer ican citizen. The note Is firm In tone and speaks of the patience which the United States haBexcrclsed _ In the many delays at tending this case. No time Is specified for the settlement. In response to this note the 1'eruvlan minister , Senor Eguigearen , deliv ered to the State department last Saturday a memorandum covering the question as viewed by the Peruvian authorities and also express. Ing a eleslro to close the matter. As to the State department's exprccslr.n that the United Stated has oxerclsed much patience on the .subject , the Peruvian minister pointed out that Peru has not been responsible for delays - lays , as the .first claim was made In 18SS. Hlnco which time there have been periods of | months nnd In two cases several ) ears of Inaction on the claim. Mr. Sherman's answer to the memorandum la being awaited with Interest. 1NVITI-3 AIIHIIIIIA.VS TO KXIIIIIIT. Kvi.oslllon to Hillflil I'll < ! < I'ulilli- I'litrnmim- Turin , WASHINGTON , Oct. 13. The I'ostofilce department has received data regarding the general Italian exhibition to bo hold In Turin next year and Invitations have been ex tended for further American exhibits , The executive committee has announced that the moot noteworthy feature * Is the special standIng - Ing nf some of the exhibitors , Including many flrst-clats firms , who wilt construct expen sive plants , mostly In the electricity and me chanical Industry department. Rome and other munlciiulliles will join In thu affair. Italian colonies In the Argentina republic , Brazil , dtgypt and Australia will contribute exhibits and all foreign builders may show their ma chines or mechanical appliances In the "flal- lerla do Lavora , " which wan set In working order by an Italian firm. A national lottery for thQ benefit of the exhibition , with a large number of prizes , has been sanctioned by the promoters , \ | ipiiliitiiiiitH liy Hit1'rinliltMit. . WASHINGTON , Dot. 13. The president has made the following appointments : To be consuls of the United States : Tolbot J. Albert of Maryland , at Brunswick , Ger many ; William A , Plckett ot New Jersey , a Ilholms , Franco. To bo collectors of customs : John S. Uethclt , for the district of Richmond Va. ; Jesse W. Elliott , for the district ot Newport News , Va.j William II , Sheppurd. for tha district of Avulachacola , Fla , The president has appointed the following postmasters : Colorado , Caitral City , Henry J , Seats. Illinois , Blue Island , J. 0 , Kile. Iowa , \\lntorset , A. L. Wood. Missouri , Albany. George W , Shoemaker ; Maryvlllo , John G. Grems. North Dakota. Ellcndalo , P. S Goddard ; Lisbon , H. S. Oliver. Okla homa , Alva , William C. Douglass , Texas , Albany , Henry Pslm : Itasca , G , B , Clark ; "WhltcktMiro , Jacob Mayfietd. Washington , Cheney , Alexander Watt. I'rciii-ti \olili-iiiiiii MlMtliiK , , , WASHINGTON Oct 13-Quldo de Pala/sim- FAlconnvl , who Is Bald to be a French noble- man. living for the past two yearn at 1740 AVrlgh'wooil avenue , Is missing , and his friends ate uroatly worried lest harm has omo to him. The only news that has come of h'm flncc hu left homo In usual Bood Merits , plvlng no Intimation of an intended Jivmiey was formation from the French cuiaul thu the man had been In his olllco TiH'niU/ last week. The missing French man has bocn engaged since coming to Chicago cage an an Insurance broker. Hiilly TroitHiirv Statc-iiK-nt , WASHINGTON , Oct. 13 Today's tateiipr.t of the condition of the treasury shows : AxUlable nih balances , $211,389,014 ; gold reserve , $149,901,319 , , CALLS i-nitsovAr , TAXISS IM.KOAI , . .SI. 1,011 If. Mllll IMdllll III.Illll Of ItlKlllH In AiiHiVcr ( ii a Suit. ST. LOUIS , Oct. 13. Attorney John Mc- Cann yesterday ( Ilex ! In Judge Tally's court an answer' the ? suit brought by the city against William H. Applcman , McCann's client , for personal taxes for the years 1894 and 1S95. The doftnse set w.J by McCann la virtually the slngld , tax theory and this Is the first tlmo It has licon pleaded In this country In such a case. It Is called the "bill of rights eloftnkb" and Is based on the bill of rights clause of the Mlssou 1 con stitution. A number of suits far iicrsanal taxes are pending and Mr. McCann proposes to resist payment of them all on this ground. Tha attorney argues that personal properly , being the gain of personal Industry , should nat be subjected to Interference by a tax. Its owno- Is entitled to enjoy It , free from all restric tions as to use or Jurisdiction by the state. but It cannot be held Inviolate If Its possessor must ( lay a duty on It. U Is further argued that thu only prn.ier and just method ot taxa tion Is bnd assessment and taxes and reve nues from public franchises. The defense Is unique and tha decision Is anxiously awaited by freeholders nnd lawyers , as victory will mean the overthrow of the present system ot taxation. \IAUI.Y \ MILLION is Tvvoi.vnn. Krlcmlly Suit AuriiliiNt tin * of Colonel Crotkrr. S'\N FRANCISCO , Oct. 13. An action , U law , said to be a friendly suit , was Instituted yesterday by the Crocker Estate conipany against Heiry Scott and C. E. Green , ex- ecu'.ors of the will ot the late Colonel Crocker. The amount Involved Is $921,109. The Pacific Improvement campany Is named as co-de- fcnJant , because It has In Its possession the securities which represent alleged Indebted ness or obligation. According to the com plaint , there existed at the time ot Colonel Crocker's death nn account by which the Pacific Improvement comyany acknowledged Itself Indebted to him to a certain amount. After his death the account wns transferred to the estate of Charles F. Crocker. Thb Complaint states that this sum really belongs I to the Crocker Estate company , being hela by the deceased as trustee , and If the court should not so decree the executor of Colonel Crocker may set up a claim for It. The complaint Is sworn to by William V. Crocker , \ico president of the Crocker Estatecom - iany. IM.A.VS Te > CAPTl'UIJ TIIK SCHOOLS. VCTV Soliiniifor I'roiiacatliiK Dc-lix' Sn- -lal lnioirauy Idt-iiN. TOPEICA , Oct. 13. The Kansas contingent of the social democracy , promulgated by Eugene V. Debs , has laid the plan to cap ture the schools and colleges of this state. The state club organized here Is only the beginning of a crusade which Its promoters expect will sweep through all the state schools and colleges of Kansas. Hock or the scheme are some of the populist leaders of the state , . 'and ' most active In the work ; f organization are appointees of Chief Jus- lice Doster of the Kansas supreme court. The plan ns outlined today Is to employ teachers In the various state educational Institutions who are In sympathy with the Dels Idea , and then to organize clubs of the social democracy among the students , so that when they go out into the world as teachers or la. other callings they will be fitted to Inculcate the new doctrine. ISXl'KCT A IIISCISIO.V OX MOXDAY. .Vt'iviKi.-iii | > rH Anticipate an Opinion In Maximum Hate Cusp. NBW YORK , Oct. 13. A .special to the flerald from Washington says : "The Union Pacific , Burlington , and Chicago & North western railroads will , It la expected , win their cas > e against the state of Nebraska , the opinion In which will be handed down on M-mlay by the supreme court. Justice Brewer ot the supreme court , sit ting In circuit , two years ago , decided an Injunction against the state against enforcing the Nebraska law of 1893 , the legality of tno provisions df'Whlch was called Into question by those railroads , and it Is believed the opinion of tlio supreme court will be In ue > c rdance with Ihlsinjunction. . cns JIT WITH cuunics. Confer ( is to Sli'iiH to Itf-slNt tlit- UaivCr -i-li Treaty. ST. LOUIS. Oct. 13. A special to the Re public Irom Chelsea , I. T. , says : Upon the Invitation of Chief Ispurbecher of the Creei ! nation a delegation of Cherokee full bloods , among them Assistant Chief Swimmer , all prominent anti-allotment leade-s , are now In attendance at the present session of the Creek council at Okimilgee. Ttitso Indians are strictly against any change In Indian territory , judicially or otherwise. They have been Invited to help resist the ratification of the Dawes-Creek treaty. Xe DKSHi.VS OX IvAXSAS PACIFIC. Ui-i-t-lvi-r of ( inlf lloiiil IK-nli-H Current linniorN , DENVER , Oct. 13. Speaking of the re port published In the Deuiver Times to the effect that the Gulf road , after Its reorgani zation , Intends to ope'rate the Kansas Pacific road , Receiver Trumbull said : "The story Is the boldest piece of fiction Imaginable. H Is absolutely without foundation for two reasons : Fltst , General Dodge Is not en gaged In any buch deal. Second , The p'an of reorganization of the Unlm Pacific , which Is expected to take effect within a few months. Includes the Kansas Pacific. This plan of the Union Pacific was promulgated some time ago , and has since then been publlo property. " AXSU'IOIl IS KXPUCTKIl SATUIUY. . KiiKlaml Will Tlit-n DIxrloNp UN Alti tude * Tim aril Silver Conft-i-i-iu-i' , NEW YORK , Oct. 13. A London cable to the Evening Peat says. "I understand that the British government's reply to Senator Wolcott nnd the other United States bimetal lic commissioners Is to be given on Satur day , after tlio cabinet meeting. Meanwhile , a memorial to the chancellor of the ex chequer , Sir Michael Hicks-Beach , Is being extensively signed by bankers , dlscounl houses and merchants , protesting agalnsl any action In the Interests of silver , espe cially as to thu reopening of the Indian mints , until the full sense of Parliament can be taken. " Trial at Alli-Bfil Train Huliln-r HI-KIIII KANSAS CITY , Oct , 13. Taking of evl- elenco In the cnse of John Kennedy , al leged leider otwfhe gang that robbed the Chicago & Alton train at the fnmomi Blue Cut near here December last , was begun In the criminal court this morningIn outlin ing1 Its case , the defense Intimated that "manufactured" testimony Is to be u&cd In the hearing ; Prosecutor Lowe promises n conviction. TMy Is the lirst case of the kind that has come up In Jackson count } since the law wn pasbed making tinln rob bery punishable by dentil. At u previous trial the jury fulled to agree. lli-et Snirnr Fiit-torlt-H for Colorado , DENVER , Oct. 13. Plans contemplating thu Investment of from 1500,000 to $ i,000X , ( > by eastern capitalists In sugar factories am refineries have been consummated here , am an agreement has been slined by lee farm em pledging themstlvea to the cul'lvutlon of 1,000 acres of sugar beet for the purpose of supplying the material to these factories nntl refineries with which to carry on the liuliihtry. It U expected that a sugar re lining bimlneM * amounting to } 1.500,0A ) a year will be established In this state. Arnold's llroiuo Celery t-urtt scadacnci lOc , ? 5c and KOn All druggists. llrotlii-rlioniU Mi-t-l In Si-i-n-t , PEORIA , Oct. 13At the conference of the railroad brotherhood ottlcials this morn- Injf the committee uppo'nted ye tJrtloy ma o a report , which was considered , but no acted upon , ami In which federation wua referred to. Further Information la refused SHORTAGE IN APPLE CROP 'rices at Present Ara Skv Hleh and Tend ency Still Upward. DEPEND ON MISSOURI AND ILLINOIS U'orlil I.ooUn to TIlONi * SIICM for UN Stiiil | > OlirlllB tilt' Sl'IIHIIII ( JOIIllItlOH Ot i tinCroiM , ST. LOUIS , Oct. 13. The Republic nays : 'Tho world Is , looking to Missouri and Illi nois for the main portion of KG apple supply , n the eastern states , In Canada , and In Nova Scotia the crop has been a failure , while oven at homo the yield falls behind that of last ear. Late apples have been Injured by the routh , and commission men generally looker or the shortest apple crop In years. What rutt has already been gathered and that vhlch remains upon the trees Is not of firs'- lass quality. As a rule the npplca arc small pud lack flavor. Hero and there Isolated orchards have produced a. first-clars quality of fruit , but such Instances are rare. In Calhoun county , Missouri , conditions were favorable and prices have been paid for or- hards In that district which should make the country rich. "The seapon has been favorable for or- chardfi situated upon the lowlands , owing to hu extreme dry epell which has prevailed or some tlmo In the apple districts. In the )7.ark.i for Instance , the crop Is said not to 10 up to the standard In quality and quantity , B compared to the yields In that district dur- ng former years. The universal shortage las , of course , sent prices to the skies. Within tie ! last month there has bocn an ad vance of about 7B cents on the barrel , and rom present Indications apples will be sell- ng at the enormous price of $3 per barrel n the near future. The rapid and keen ad- vancu In prices Is regarded as but the uat- 11 al sequence of the general estimate that ho crop will be about 10 per cent leas this year than the yield of last. "Tho most favorite varieties of eating ap ples , such ns the gcnltlng , wluesap , northern spy , and russets , are very scarce , lien Davis 3 about the only apple on the market In any luantlty. It Is probable thut these who are 'ond of their genltlng or wlncsap will have o pay pretty dearly for them this winter. " S TO SUIS THK GOVnil VMI3V1' . Ht-iivy IlliniumClnliu for ICIIIIimr of .Mli'Ki-il ( iliitiili'i-cil HorsoK. PIERRE. S. D. , Oct. 13. ( Special. ) R. louseau of Cheyenne river , who suffered the oss of a laige number of horses this sum mer , which stock was killed on the order of the Indian department as glandcrcd , has taken the preliminary stops towaid a damage suit against the department. He places his damage nt nearly $27,000 and will sue for that amount. He reports all that portion of the country between Moreau and Grand rivers to have been burned over last week and thousands of acres of range destroyed. He had not learned If there was any loss of stock by the fire. He also reports wolves very numerous between the Cheyenne and Moreau rivers , the coyotes being more nu merous tha never , as they have good living 'rom the remains of calves and colts klllcit jy the large ibuffalo wolves , which are doing a great deal of damage In that way. Find n IH-iul Mail un KcNorvntlnii. PIERRE , S. D. , Oct. 13. ( Special. ) Agent Ash of Lower Drule came up to this city Sunday , and reports that while on his way ip he , with others , stopped at a point about twenty-five miles down the river from hero and buried the body of on unknown white nan , which had been found lying on the prairie. The agency physician , \vho was along , eald the body was that of a man about 25 years of age , and had been dead for sev eral days. There were no papers nor any marks on the clothing of the body by which t could be Identified. Ho also reports hav- ng sent In estimates for a reservoir at the agency for the purpose of utilizing the new artesian well for Irrigation purposes. I'll nil llnililliiKN Hum. ADEUDEI3N , S. D. , Oct. 13. ( Special Tel egram. ) Fire last night destroyed a barn , granary , 500 bushels of wheat several horses , r. large quantity of hay , farm machinery and other materl.il belonging to William Naftz- ger , near Columbia. The fire Is supposed to have been set by Mr. Naftzger accidentally. No Insurance. nitS IMiACKll DMJI'Ml AltKKST. 't'rr MnrirliliiK oil HlnliTviij-N Xi-ar IUriult Mliii'N. PITTSHURG , Oct. 13. The deputy sheriffs at the Do Armlt coal mines made a raid on the strikers atSandy Creek this morning and arrested fifteen men. Including the members of the brass band. The strikers were march ing on the public road and were halted by the deputies about a quarter of n mile from the tipple. The band refused to stop playing and the entire party was placed under arrest without resistance. The prisoners were brought to this city and taken to the slier- Ill's ofilce , where a hearing will bo given them this afternoon. The members of the bind took their arrest good-naturedly and played their Instruments as they were es- -orted from the railroad station to the slier- Iff's office. Chief Deputy Evans said the men were riotous and ho feared trouble. This Is de nied by the strikers. Superintendent Do Ar mlt assorts that the three mines of the com pany are now running to their fullest ca pacity , I'Vtv rnili > rtiikvrH I'ri'm-iit. MILWAX'KKE , Oct. 13 , The sixteenth nn. nunl convention of the Funeral Directors' Association of the United Stntcs opened In the Hotel Pllstcr today wl'th ' but thirty-four delegates present. The morning spsalon was taken up by the nddreBH of the president , John II. Sharer of Alliance , 0 , In the mat ter of legislation , he mid , it WUH gratifying to know that the prospect of Inlluen.lal co operation on the line of statutory profes sional requirement IB looking- brighter than ever beiforc. He spoke of the growing senti ment In favor of free lectures and i.ran- tleal demonstrations tiia't are now popular nt Htata association meetings , and In the absence of a thorough course at one of the regularly established schools of embalming , advocated attendance nt mate nsBOcla'lon meu ings. Xiilloiuil Sanitary ANHOclatloii , NASHVILLE , Tenn , , Oct. 13.-Tho Na tional' Sanitary association met today. Dr. P. O. Young of Lexington , Ky. , the presi dent , presiding. Papers by Dr , Charles S. Henedlct. health olllcer of No- York City , and Dr. Thomas C. Craig of Brooklyn were rend and discussed. The association elected the following otllcers : President , Dr , Charles K , iHenedlct ; vice presidents , Dr. H. G. McLean and Dr. P. L. Jewell , both nf Brooklyn ; Dr. 12. A. Wilson , Meriden , Conn. ; secretary nnd treasurer. Dr. Thomas B , Veale of Atlanta , Ga. New York Cr y was selected as the next place of meeting , tntrrlciiu llouril of MM | | OIIM. NEW HAVKN , Conn , , Oct. 13. The ses- Hlon of the American Board of CnmmU- bloners for Foreign Missions today opened with u business session. The report of the. co-oparutlou committee for the New England dUtrlut was read nnd u idmnur report by C. H , Case of Chicago of tiiu il s- trlct co-operative committee of the Interior. The morning was consumed In read'nR of a piper on "Succcfs of 'Missions" by Itev. Juddon. D , D. , of HoMon , ' IliK-Ulrn'n - . The best alve In thff world * for Iut3 , bruises , sores , ulcers , gait -rheum. rVver sores , tetter , chapped bends , chilblains , corns and all skin eruptions , and positively cures piles , or no pay ic-qulred. It Is guaranteed to give perfect satisfaction or money refunded. Price 25 cent * per box , For eale by Kuan & Co. Ifo-J * . . TA\XHIl AM ) HIS I'AIITY IX OMAHA. ItllnolM * CiMomor Stx-nUii Kiitliu < < liiN- tU-nllv of tlu * . i\io ltloii. Private cir No. 2 of the Illinois Central railroad , bearing Governor Tanner of Illinois and a number of friend * , paused at the depot yesterday afternoon long .enough to allow the gubernatorial party to receive the greetings of Omaha friends. Uctld't- the governor the party consisted of Johri W , bates , president of the Illinois Steel cornp/iuy / ; Isaic. L , Rudd , prtsldcn' of the Harhi Wire consoMJatlori , and John Drake , prcsucpt of the ImlMn.i , Illinois & Iowa rallroaSl , 'The men arc all accompanied by their wives ? and are on their tctutn Ironi a three wc U'Vflshlng and hunt ing trip through the IJIatk Hills and In Cole rado. 1 J When a Uco reporter wa admitted to the parlor of the car the Rovcrnor and his friends were holding a friendly teaslon over the greit American card tame. Glancing up with a courteous acknowledgment the gov- euior noticed the new d , ot which was as suming visible proportlms without. He con gratulated the city hcamly on the acquisi tion of a metropolitan stitlon. Speaking of the participation of hla state In the , Transml&slcslppl Exposition Governor Tanner said that the $45,000 appropriation of Illinois was significant of only the smallest part of the Interest felt. Farmers and mrnufacturers alike know from experience the gooj which came from advertisement of that sort. The governor gave the assurance of his personal attendance during next sum mer. In speaking of his non-altendinco p / Nashville he said It was univoidable and commented upon the fact that his name li.ul been hissed liy the people of Tcnntssee. "Hut then , they hissed mo when I was down there thirty-three years ago , " said the governor , with a laugh , "and It Isfnot so surprising that they ihculd give ma the same treatment again. " The governor has gained rest end refresh ment from his western trip. After the visit to the Hlack Kills the .party went direst to Colorado Springs and Maflltou , and then to Denver In tl ne for the Festival of Mountain and Plain. The men of the party then pro ceeded to Lcadvllle and Grand Junction , from which place they ppnetrated some dis tance In search of deer alotig the Rio Gr-nde river In the old Utts reservation. The party met with good sport and among them won several pairs of antlers. niiivc : srrr ox CHAIX COXTKCT. . Connor HolilM Ills firnlii for a I'rlci- . The sensational rise In the g-ain maiket last August Is directly responsible for a sonip- wliat peculiar suit that was , Instituted In the county court yesterday afternoon by the Schrclner-Flack Grain conipany of St. Louis against James A. Conner ot this city. In the petition that has been filed It Is represented tl'at In February of this year the grain company ente'ed Into a contract with Connor by which the latter was to deliver to It In July 25,000 bushels of white corn at a price of 22 cents a bushel. When July arrived , however , the boom In tlie market was on and Connor apparently wanted a bigger orlce for his co'n , as he refused to deliver. The grain company therefore extended the tlmo of delivery for one month and agreed to pay Connor 2C cents n bushel for his > corn. Seemingly , Connor wanted a bigger price still , for he again failed to deliver. In view of this 'failure to fulfill the con tract , the grain conipany says that It was coirpclled to buy the 25,000 bushels from. someone else , and that itj. had to ray $625 more for it than' It wouldjiave pald.f | Con ner had fulfilled his contract. Therefore It Is suing Connor to recover 'this difference. SUICII1K OV KOIOJim POIjICEMAX. . Prattle JoliiiKon'N . Aft ] Surprint' * hi In Oll ANHIIf1 latCM. The members of the police force ot this city express surpri&e at the suicide of ox- Sergean.t Frank Jolmsoji , who ended his troubles Monday by drowning at Chappell , Nob. Johnson called at iplfce headquarters cbout ten days ago and jhad a short visit with Cai tain Mostyn. Ho stated he was em ployed by a photographic supply house in Chicago and was doing \vfll. Johnson was appointed 'to the police force In this city In 1888 and served until 1$01. In ISS'J ho was shot " In the arm by Sam Snydcr , a pawnbroker at112 South Tenth street , who mlsto9kjhlm for a burglar. Johnson was placed on special service for about a ye r en account of Injuries sustained. After leaving the force lie served as a Co lumbian guard at the World's fair and sub sequently moved from Chicago to Chappell , where , he resided up to the time of his death. The deceased left a wife and one child. You can't alto d to rltlc your life by al lowing c cold to develop into pneumonia or consumption. Instant relief and a certain cure are afforded by One Minute Cough Cure. ItiiiK'ix'iI Out ot aYn < rIi. Martin Hoggs , n farmer from Le Hey , 111. , was buncoed out of a silver watch while traveling- around In the lower end of the city yesterday afternoon. Uoggs met n couple of men Who gave the namea of Charles H. Kgan and U P. Steele. Steele told the farmer that he ought to get a now watch chain , and taking the watch from HoRKf , the three went to the pawnshop of H. Lnnlelup , 1121 Farnam street. ' While there figun and Steele gave Hoggs the wllp. Later they returned to the pawnshop and gave the watch to the proprietor for pjy- ment In part for a gold watch. The men were arrested and Dogg was retained an complaining witness. The Watch was re covered. American Lady Corsets are the Best. Iilc'eus . Licenses to wed have been Is.sued by the county Judge to the following parties : Name and Residence. Age. Alois Franc , Council UrUffs . 25 Tercsle Hnmerlnk , Omaha . 21 Jens Lnrsen Gundcrsen , Omaha . .10 Elizabeth Anderson , Omaha . , . 20 Oscar 13 Kng.ler . , Omntja , , . 2.1 Iila Greenfield Wedge , Omaha . , , 21 GustaviiH I'almer , Omaha. . SO Hllma C. Illooni , Omipa . 20 Frederick H. Moyep , Omaha . 24 LIHIe M. Adams , Omnlin . . . 20 Disfigurement for life by burns or scalds may be avoided by using Do Witt's Witch Hazel Salve , the great remedy for piles and for all kinds of sores and skin troubles. IIIUJVITIKS. A permit has ibeen Issued to 'Anton Slllka to build a two-story tramp dwelling at 1-155 South Fourteenth street , Lyman A. Page was yesterday bound over to the district court on u charge of adultery with the wife of Nick Vager. Ho was held In default of $ t > 00 bonds , G , A , Deal reported to the police yes terday that sneak , thieves broke Into his room at 107 South Seventeenth street and stole $25 worth of clothing. F. D , Hadlcy , traveling passenger agent ot the Illinois Central , was In the city yes'.urday from Sioux City , la , Ie | reports business elong the Illinois Central as very good. Warrants charging Albert Thompson and T. S , Rlggs with assault and battery have been sworn out by .Mrs. Peterson , 1509 Webster street , The rom , while .drunk Tuesday night , brofto Into her bouso at the number given , The cnly thing the , Advisory Hoard found to do ycsteiday was to dllow'a ( ew small bills and Instinct the chief of police to detail an officer to watch for pepple who are In the habU of dumping night , soil at various points iru'ldo the city limits. The scheme to open Twenty-ninth street from Harney tj Half Howard , ha * been side- trackej. The cojnc'l ik-clJed that there was no immediate necrsilty for the Improvement and that the cost would 'bo considerably In excess of the 'benefits ' to bo derived , Only one or two of the new kindergartens recently ordered by the Board of KducitHi have been opened. The delay Is on account of the lack of desks and other supplies , These have been telegraphed for. and tha remaining schools will probably tie opeued by the first of the week. ARCOISC poms OF. LAW Taking Evidence in Suit Against Hartley's Uoudsmon Temporarily Suspended. CASE HINGES ON INTERPRETATION OF LAW fiMiNf Co ii If it tin Unit Hartley Out4 Aetoil UN Trc-aBUrer , Iteiu-c Mix II < IIIINIIII > | I Art * UeleitNiMl from Liability. Was It ncccEaary that ex-Stato Treasurer Bartley should have filed his bond with the secretary of slalo on the first clay of lil-i seconil term , 'January 3 , 1S93 , Instcul of four da > s afterward , January 9 , In order to le gally become state treasurer ? If so , wns not the olllco of ststo treasurer legally va cant during this term , Hartley simply acting In the capacity of treasurer ? If so , again , | mo not his bondsmen entirely released of nil i liability for the lull a million dollar dcfal- I cation lathe state treasury , since they j signed his bond with the understanding that ! hu had beci ) properly Inducted Into thu of- I llco and that they would be responsible only tor his acts as legal stile- treasurer and not ( at his acts In any other capacity , even though It la so cloenly related as the posi tion of acting state treasurer la ? These questions of law , dlvesteJ of their legal phtaseobgy , must bo cleared awiiy before thu suit that thu state has Instituted against Hartley's bondsmen to recover tuo dedication can proceed any further. They aiu of the highest Importance. If Judge Powell decides them In the affirmative It will close the cee. The sUte will full to re cover the money. The stoke of over $500- 003 will be won by the defendants. It Is ono of the main defenses of the bandsmen that Hartley never legally entoicd his odlce , because ho failed to llle the bond by the time fixed by the statutes , and U.U , therefore , l.'lb ' bondsmen are not liable for Ills acts. .ThU defense was developed on Tuesday afternoon , and some testimony was Introduced In support of It , but before the bondsmen got vary far the state objected on the grounds that the defense has no founda tion In law. This brought the question dl- itctly to the front , and It was decided to glvo It clear way until It was settled. STOP TAKINQ EVIDENCE. The defendants argued In fa\or of their defense all Cay jefc-terday , cloblng at1 o'clock. Al day tojay the state will light Its position. The defense has the closing argument and will probably occupy at least a portion of Fiiday. Therefore the chance tor the further Introduction of evidence this week seems slight. When court convened yesterday morning Attorney and bondsman John II. Ames , who argued for the bondsmen , advanced the startlim ; argument that Bartley had never been legally state treasurer at any time dur ing his second term of ofllce through neglect and failure to have hla bond approved and filed before thetlmo fixed by the statutes and law , and that since he had not been do juro state treasurer , even If he was In fact acting In that capacity , his bondsmen were not liable for his acts because they had signed ( he bond only on condition that he was properly Inducted Into ofilce as provided by law. "Hartley was treasurer .only by sufferance of the governor , " said Atttorney Ames. "Gov ernor Holcomb could have removed , him any day- , without * Irupeaphtuont , Dartley might have , left'"hls-Office any day without resign ing , ' and he could not have been compelled to perform the , duties of the state treasurer by mundimus. " THEORY OF ATTORNEY AMES. Attorney Ames Insisted In the beginning that Hartley could not have become treasurer , according to the statutes and court decislonii , unless he took the oath of office and filed hit bond on the first day of the term to which he was elected , January 3 , 1S95. The bonds men insist that the bond was not filed until January 9 , and therefore they Introduced the evidence yesterday to show that the endorse ment on the bond , showing that It had been filed on January 3 , 1895 , had been "fixed. " Hut even If the bond had boon really brought to the secretary of state's ofilce on January 3 , 1895 , Attorney Ames maintained that It could not have been filed at that time , as ho Insisted that the bond must have been approved by the proper officer , the Kovorr.or , .before It could have been filed. The bond was not approved by Governor Holcomb until January 9 , 1895 , as the Ir.btrument shows on Its face. Thus , through the failure and neglect to have the bond approved nc.l filed on January 3 , 1895 , Attorney Ames held that the ofilce of state treasurer became vacant and Hartley did not occupy It as actual state treasurer. Inasmuch as the bondsmen- had made a con tract to be responsible for Hartley's acts ae state treasurer , the attorney asserted that they could not bo held liable for his acts in any other capacity. Attorney Ames resumed his argument when court recon\cned In the afternoon and con tinued for a brief length of time. He was followed by Attorney B. E. Ilrown of Lin coln , who Is also one of the defending bonds men. BROWN SUPPORTS AMES. Attorney Hrown's argument was a comple ment to that of Attorney Ames. He spoke along the line tint the failure to file the bond at the stipulated tlmo rendered Ipso facto or of Itsolt the ofilce of state treasurer ' vacant. Therefore , ho met a possible argu ment of the state that the sureties ought to have given notlco that the ofilce of treasurer was vacant , and their bond was of no worth , Immediately alter the failure to file a bond rendered the ofilce vacant. Atto'ney Ilrown maintained no such notlco would bo required where thu olllco was made vacant by such neglect. Attorney Drown went further and read authorities to show- that the tpprovlng power of the officer whoso duty It was to approve the bond ceased at the tlmo ( ixed by the statutes , as the limit at which the trcas- urcr must flic his bond , According to this Governor Holcnmb had no authority to ap prove Hartley's bond after January 3 , 1S95 , It was 4 o'clock when Attorney Drown completed his argument , and Judge Powell adjoinncd court In order to find time to ex- amlno the many authorities that had been cited. The state will commence its argument this morning. lliiM'IHICA.PllIMAItlKS A1IH TODAY. Plaet-N Where ( InVoterN Will CUM I Their llnllolH. The primaries to select Hoard of Education delegates to the city convention , which will bo held In Washington hall Friday night , will occur from noon to 7 o'clock this after noon. The voting places are located as follows ; Flrt Ward 1703 South Tenth street. Second Ward Fifteenth and Williams streets. Third Ward 1120 Capitol avenue. Fourt Ward 307 South Seventeenth street Fifth Ward Erfllng hall , on Sherman avenue. Sixth-Wa d Willis block , Twenty-fourth and Grant streets , Seventh Ward 1314 South Park avenue. Klgth Ward Twenty-fourth and Cumlng streets. Ninth Ward Twenty-ninth and Farnam streets. Small fill ) , rafo pill , best pin. Tie Witt's Little Early Risers euro biliousness , consti pation , sick headache. IlllllOlM llllllUlTH' ( ' < > llClltlllll. . PEQIUA , Oct. 13. The seventh unnunl convention of the Illinois Bankers' associa tion bCKun at the Grand opera house In thli Jlty this morplng will * u large attendance. It wn opened with prayer by Dr Samuel HeiiderMrt Moore , pastor of the Second Presbyterian church , after wnlc-li O. J. Ualley of 'I'foria delivered the address of welcome , v ' Ib superior In Dr. DayU' Anti-Headache every way to all remedies for headache. KKTTIMJ \nVFOIl HKMIM'It.VTIO > .i Conftinloii Arlnrn O or Uonxtrucllun Plaeeil I poll tin' l.im. * The offlcliU copies of the election law of 1S97 have Just been received by the city offi' j clals , and , according to thn construction , the roctlon providing for the registration of voters ers Is similar to the law of 1S91 , which pro vided for five days of registration , Including Tuesday of the fourth week Wednesday of tlie third week , Thursday of th J second week , and Friday and Saturday of the , first week preceding the November cloctlftr ) , Tlio elec tion law of 1S95 changed this lei provide for three da > s of reglfltratlon as follows ; Thurs day of the third week Frldiy or the occomt week and Saturday of the first week pre ceding the election. No one has had any Intimation that the law has been Again mod- 11 fled In this particular and the arrangements I for the registration have been nude under i the law of 1S95. Hut now It Is discovered that ( section S of the 1S97 law Is an exact ! copy of the old provision of 1K91 and that five I days of registration are required , In that I case the first day of registration was Irnt I Tuesday and ycsteiday w s the second and I no provisions made for registration on cither date. City Attorney Cannoll and Clerk tllgby arc of the opinion that the change in the law Is a clerical error , resulting from the fact that the clerk who prepared the copy copied the section from the law of 1S91 , In stead of from the amended law of 1S93. Mr. Hlgby telephoned to Lincoln for InformUlon 1 on this point , but ho linn been unable to so- 1 cure a reply. In the meantime ) the arrange ments for registration are being completed In accoidance with the law of ISflli. The supplies for the registrars are all reruly for delivery this morning and the | booths are suppcued to be open for reglstra- tlcn purposes at 9 o'clock. Owing to the fact that the city council neglected to mike tin necessary arrangements to move the booths until lasf week less than half the booths are lu place and In the remalnlnc districts the registrars are being left to shift for thoir.eelves. They are provided with no authority to secure quarters end on t'jo face of the action of the council. It Is presumed that the members of tint bt > Jy propose that the reglstiars shall set their tables against a telegraph polo In the open air and get along without protection from the weather. COXNIUKHIMi THIS I.IUiAI , 1MISIJ. . Miiyur lloliln OIT In SlprnltiK Wan-nuts for Flremeii'H 1'a.v , The wanants on the general fund for the salaries of the members of the fire depart- meri' have not been drawn by Comptroller Wistbcrg , and no action will be taken In this tespcct until after the appropriation ordinance has received thu signature of Mayor Moores. The mayor said yesterday that he had ict entirely decided whether he would veto : hc ordinance or not. .He wanted to have : he firemen paid as soon > as It could possibly jo done In a legal manner , but he would nvestlgate carefully the question of whether laying the warrants from the-fgineral ! ; fund was legal under the charter , * , . The councllmen who favored the ordinance contend that while the transferor Ih0moniy : o the fire fund might bs Illegal , there Is no provision that would prevent the council from laying any sort of an obligation from the general fund. Other members declare that : he proposed action amounts to the same thing as a tianster of the amount to the Ire fund , and is therefore equally prohibited ay the charter. xnw oiuiiXAxria KOII SIUM-III ! Perinltn (11 iNNtie | li < It-r Ccvlalii ClIIIllltlOHN. Councilman Burmester has Introduced an amended engineers'ordinance which modifies the terms of the old ordinance to some ex tent. The fee for an original certificate remains at $5. but the fee for the annual lenowal Is reduced fiom 53 to ? 1. A provision Is also Included by which the Hoard of Engineers Is authorized to Issue n special liormlt to operate low pressure gravity steam heating plants at a pressure that does not exceed twenty pounds , the permit to be iood only for the particular plant specified. This provision Is designed to meet the com plaint that In several cases men arp pro ve ntcd from running a plant t' this character on account of the requirements of the examination. It is urged that dn en gineer's qualifications are unuccessary In theee cases and that the pres&uf .ordinance works an * unnecessary hardship. ' . " CnilTIKICATUS OK XOMIXATIO.V Four TIc'kclM fin Iliillot lit ( lie CfiiuliiK nu-ftiou. The certificates of nomination of nil the county candidates who were so'cctod by the late conventions to run for office at the coming election have been filed with the county clerk. , There will bo four tickets on the blanket ballot but the frco silver republican , the democratic and populist tickets will bo alike. According to the county clerk's Intepreta- tlon of the law yesterday was the last day on which convention nominees could file their certificates. Nominees of new parties , how ever , can make their filings until October IS , and petition nominees until October 21. With drawals of convention nominations must be filed by October 23 and of petition camllr dates by October 23. Nom'raatlons ' to fill vacancies must be filed by October 25. WAIIHAVr I''OH ' CIIAMII.KU'.S AHIU3ST. of Ht-i'klt-pN lllicli' HlilliiK IN I'rrfiMTiMl. Dr. II. G. Miller called at the police sta tion jesteiday and tecured a warrant for the arrest of William Chandler on the charge of reckless bicycle riding. Upon the evening of September 3 William Chandler ran Into Mrs , Frank "Ander son near the corner of Sherman avenue and Clark street. The woman was thrown violently to the pavement and received "In juries which had kept her In bed over since. At the time of the accident Chandler ex pressed his regret and offered to pay all expenses , This agreement , however , ho has failed to keep. It Is protablo that other charges will be brought against Chandler , as It is likely that Mrs , Andcraon'H Injuries will bo permanent , There Is no need of little children being tortured by eeald head , eczema and gklu eruptions , Do Witt's Witch Hazel Salvo glvea Instant relief and cures permanently , HoiiilN for Slri-ct Iiiiitrovciiu-iilH , The ordinance which authorizes the special district bonds to pay for the Farnam and Center street paving contemplates an Issue of $24,000 In bonds on Center and $12,000 on Furnam street. The bonds draw 4 % per cent Interest , payable annually. On Center btreet there are twenty-four bonds of $1,000 each. One Is duo In ono year , two In two years each and tlirco each In the seven fol lowing years. The Farnam street bonds arc also for $1,000 each , Four of them ao ; duo each years for the first three yours and five far the next six years , ArriilKiniK'iif of the KiHtnrn , Jttteph , howls and Auguit Kastner , the three men charged with murdering Officer Tledeman lust summer , when they are al leged to have been Interrupted by the police In the act of looting a saloon at Thirtieth and Spauldlng streets , are to be arraigned In the criminal court'on the charge of mur der In the first degree this afternoon or Saturday , The three men are confined In the county jail , Police Judge Gordon having held them to the district court with out bail , CIiiiiiilii > rliiln'M CoiiKli Hriiu'ily Super ior to Any Otlii-r , George I ) , Fecord , the well known con tractor of Towat'ila , N. Y. , sajs ; "I have used Clun bcrlaln's CoJgh Iloincdy In my fdtully for a lung time nd have found It superior to any other. " The above testimonial Is from a promi nent ct ! | n h-ro. A. C. Tuck , Druggist , N. TowanJa , 'I V. EXISTS ONLY AS A MEMORY Pictures of Once Proposed Union Station All That Now Remain. WALLS OF ABANDONED DIPOT DISAPPEAR CroiinilVlilcli llu- .MruolurtFormerly Oociiili > il In to lit * Covrrrd tilth .Iliiltroitii TrauKn I anil Workmen yesterday completed fllllna up the excavations made for the cellar of the abandoned union depot and the last ro- mlnder of tl.o proposed Institution has now disappeared with the exception of a few pictures hanging In the offices of the Union Pacific headquarters , showing how the union depot was to have appeared when completed. The ceiemonles attendant upon the legal elcath of the defunct Union Depot company have already been held , and the effort to build a union depot at Tenth and Mason streets will remain only as a memory. What was to have been the cellar ot the abandoned depal has now been completely filled with earth brought from South Omaha bj epcclil trains from the excavations for Armour's packing pltnt. Yesterday a gang of men was set to work leveling the suifuco ot the ground that has been tilled In , and within thirty days track layers will have put In four additional tracks to the Union Panlllo yards. These adfttlciul tracks will afford accommodation fur handling freight tmlns and switching cars tha , . has long been luiiauded by the great amount of traffic landled through the Omabi depot yards. The new track , ? will ho connected with the n.iln tracks of the Union Pacific at points cast and went of where thu present depot sheds stand. Not only will the completion of tluso tracks give greater room for the storngo of cais , but It will ullow more trains to bo sent by the depot wl'hout Interfering with the passenger service. TEARING DOWN THE WALLS. The building material , that had been used n thu construction of the story nnd a half of the LU'lon depot that wis to bo has jcen divided betwecni HIP Union Pacific and ho Uiirllngton railroads , the two companies hat wore tiustecs of the defunct Union Depot company. Most of the brick In the w&lls and part of that In the foundation ilera has been used by the Uiirllngton In .lie construction of the foundatloi'i ami Inner walls of Its new structure now building. The heavy stone that was largely used In hi' foundations of the old monument of the 'nlon Depot company lias been taken by the Tnion Pacific and used In. the rebuilding of lie roadbed and tracks across Seventh street. The excavations were made to a depth of iliout five feet. The instructions to the- workmen were to- dip cut the brick and the stone so far as It would pay. It was a pretty lard job to tear down some of the walls and ho piers of masonry , as they bad been most solidly constructed. Superintendent Nichols of the Unloi-i Pacific said ho never saw any mllding have such strong foundations as huso of the depot building just torn down. Most of the piers were torn down by means of a steam engine , to which heavy topes were ittachcd. On the cast side of the Tenth Btreet viaduct workmen have torn away what were Intended for the approaches ot the old depot from the viaduct. They are engaged In. building "extensions " for the support of. a sidewalk along the cast side of the viaduct corresponding to that on the west side , and will preibably have It completed wRnln a fortnight. _ KiiHli-ra liallronil Mt-a Arrive. Colonel S. H. Dick , chairman of the Hoard ot Directors of the Plttsburg , Bessemer & Lake Erie railroad , Is , In the city with a party of other ofilclJls of the railroad com pany. The railroad property which they have In cbargo is a line 121 miles long running through the uorthwchtoin corner of the Key stone state , from Lake Eric to a point just north of Plttsburg. The party is cnroute to Greeley , Colo. , where they are Interested In a proposed railroad. Yesterday was spent lu calling on General Manager Dickinson of the Union Pacific , and other piomlnent rail roaders. Kcr CII < N HUH ! lionml ItaloH. CIIIPSGO , Oct. 13. The Chicago , Mil waukee & St. Pcil road today made n sensa tional cut In st'cnd class passenger rates fiom St. Paul to New York by way of Chicago , In connection with the castbound steamship business. H took $10,50 off the late. The action was taken to meet See line competition. The 'Milwaukee & St. Paul will moot whatever latcs the See line may make. The cut will undoubtedly bo met by the other Clilcago-St. Paul roads. VCYV Car I'Vrry l.lut * at .Mllwaiilcuc. MILWAUKEE , Oct. in. The Detroit , Grand Rapids & Western railway , which Is a part of the Chicago & West Michigan sys tem , has purchased dockage In Milwaukee * and will begin to operate a car ferry line between this city and Muskegon on Decem ber 1. Thiy will put Milwaukee In connec tion with thirteen seaboard fast freight lints , . i I'uHhi'iimrKC.I i \iljoiirii. . ' NASHVILLE , Oct. 13. The American As sociation of Traveling Passenger Agents closed Its annual session today , Elliott T. Monetto of Chicago was elected president ; R. C. Cowardln of St. Louis , vice- president , nnd Mr. Landeman of Columbus , O. , sec retary. _ L. E. Uoswell has just been elected freight commissioner of thu Qulncy (111. ( ) Freight bureau. Freight Traffic Manager Munroo of the Union Pacific lias returned from an extended eastern trip. II. C. Robinson , a prominent bsan dealer of Iloston , was a caller at the Missouri Pa cific offices lierr. yesterday , Charles Andcison , osslstint city ticket agent of the Rock Island , has returned from. a two weeks' trip to New York , Philadel phia and Washington , General Manager W. li. Doddrldgo of the Missouri Pacific & Iron .MounUln railway came In ycHtciday on a special train from St. Louis , accompanied by Aralstant General Freight and Pafscnger Agent Phllllppl and Bcycnl oilier officials. The annual meeting of the General Pas senger Agents' National u Eoclatlon will beheld held In Bt , lyiuls next week , opening on Tuesday. Thu principal address will bo de livered by Percy S. Kustla , gcner.il pabson- ger agent of the Burlington , The report that the Kale1 of a Union Pa cific ticket from hero to Portland for $30 , or $4 less than regular rates , at the Union Pacific city ticket olllco , was dUcuised at Monday's meeting of the Local Passenger association , was Incorrect. The sale of tha ticket that has caused so much talk was not made until after the asioclatlon meeting had adjourned. W. II , Gummcre , general baggage agenTof the I ehlKh Valley , and a party of friends from Philadelphia , packed thrnugn Orr.aiu Tuesday "afternoon en remle to Denver. They occupied a private car of the Lelilgh Valley railroad , wbich was attached to Burlington train No. 3 , and were bound for the annual meeting of the general baggige agents rf American lallroads , which will ho held In Denver this week. W. David Lincoln , diperlntcndent of car service of thu Oregon Snort Line , will sooty return to Omaha and occupy his former position , chief clerk to Superintendent Buck ingham of the Union Pacific's car service department. He will succeed William C , Bartlelt , who for the past elx montlu hau \ discharged the duties of the office with great ability and with pleasure to there having business with the olllce , Mr , Bait- lett will SBiumo another position In the department.