THE OMAHA DAILY BEE
ESTABLISHED JTJiNE 19 , 1871. OMAHA , TUESDAY MOKNITTGr , JANTJAHY 4 , 18J)8. ) SINGLE COLT JT1VE CENTS.
Corner Farnam and Corner Farnam and
Fifteenth IHHHM LBMH I j % I \tdi IMM I X , Fifteenth
Of all Winter Fabrics. Notwithstanding the marked increase in prices of
Woolen and Cashmere Goods created by the recent tariff , which we anticipated
by making heavy purchases and in consequence of which we find that we shall
be obliged to invoice too many goods. We have concluded to follow our usual custom by giving a
discount of
in order tliat we may reduce our immense stock of Dress Goods , Underwear , Blankets , Flannels
and in fact all winter goods. _ All goods marked in plain figures and we guarantee . that in no in-
stance has the price bsen changed on a single article. The prices remain , the same representatives
of low values , that characterized our business during the last month. During this sale a child can
purchase as cheap as the most intelligent buyer.
Discount Discount Discount Discount Discount Discount Discount Discount
I
lc On all our Dress Goods. On all our Black Serges , etc. On all our Ladies' Tights. cn
W On all our Colored Dress Goods. On all our Blankets.and' Flannels. On all our Ladies' Leggings ,
On all our Novelty- Dress Goods. In fact , not a single pj.ece of .our immense On all our Men's Union Suits ! o Ht
< D On all our Exclusive Styles. stock will be reserved. * ' ' " " * - ' " . : : - On all our Men's Vests. , ' d e-
D cn
On all our Tailor Made Fabrics. On all OUP Ladies'- . Union Suits. On all our Men's Drawers. QJ P
.On all our Broadcloths. On all our Children's'Union Suits. On all our Boys' Vests.
JU o ,
u On all our Black Dress Goods. On all our Ladies' Vests. " ' On all our Boys' Drawers , n >
cn
r ( On all our Black Novelties. On all our Ladies' Pants. , - ' * ' - . On all our Wool and Cashmere Hosiery ,
'DL CO On all our Black Broadcloths. On all our Children's ests. On all our Men's and Boys Gloves and c ( S )
'DO < , On all our Black Poplins. On all our Children's , Pants. Mittens ,
CO
! TY ,
11 ° iQI
/O / fj o/O I /
DISCOUNT DISCOUNT DISCOUNT , DISCOUNT DISCOUNT DISCOUNT
On all our Ladies' and Misses' Jackets. On all our Misses and Children's Long Garments , Fur Capes , Fur Muffs , Fur Collarettes. Special Sale of Linens.
COWNDS THE CONFUSION
Difficulty Growing Out of the Action o
Interstate Commission ,
STATE LAW ON SAFETY APPLIANCES
Oiunli" "oil KHiliorn I.lm'M HfKtii ( lit.-
Kiifori-i-iiifiit ( ( lit * Statute
uiul Stir lii ? Unite M.
Hubbub.
Thw postponement by the Interstate Coin-
Inerco commission ( op two > cars of the na
tional law requiring all cars and locomotives
to be equipped \vlth safety appliances and
the failure of the railroads of Nebraska to
secure a llko postponement for a similar
law of this tjtito Is canning quite a hubbub
among the railroads hero. The state lawo
providing penalties for the use of any loco-
juotlvo or car not properly equipped In traffic ,
within the states of Nebraska and Iowa went
Into effect M Saturday. Up to date only two
railroads have taken official cognizance of the
operation of the state laws , What the other
roads will do Is a question that U asked
inoro frequently than It U answered.
The oIliclalH presiding over the destinies
of the Omaha ami the Elkhorn railroads are
obeying Wio sjato Inw against the use of
equipment not provided with safety aroll-
ances to the very letter , with the result that
their trallls departments are embarrassed and
8omu Nebraska and Iowa shippers Incon
venienced In not being able to get the cars
desired. General Manager Scott of the
Omaha anil General Superintendent Hughes
of the nikhorn have Issued orders that no
freight cars not equipped with the safety
appliances ran bo received for local tralDc
within llio states of Nebraska acid Iowa. The
orders have nothing to do with Interstate
tralllc , as the operation of the law covering
that tranifc lias been positioned for two years.
Thin nitiins that the orders do not affect
shipments from one statu Into another , but
ceily shipments that are wholly within either
Nebraska or Iowa. ,
SPLITTING HAinS.
This distinction brought up quite a dls-
puto concerning the haiullliiH of a car not
equipped with the safety appliances destined
from Omaha to East Omaha. When It was
found that the latter point wea In Iowa the
shipment proceeded all right , The Omaha
road will receive a car not equipped with
the safety appliances from any other road
entering Omaha If the shipment Is for St.
I'nul or a point In any other state but Ne
braska , but If It should bo for Tckamah or
koine other' point In Nebraeka the car Is re
jected. The tame situation Is found with
Oin Elkhorn. and on both ruada It exists In
lor/a as well as Nebraska , The r can It la
confusion woiso confounded. The other
roada that ha > o for years been accustomed
to turning over shipments to these roads
now endeavor to reach the1 eamo destination
by eomo other road , or If the point bo not
a competitive ono liavo to seek out the
freight cars that are equipped with the
safely appliances la order to hand over to
the Elkhorn and the Omaha roads.
In Iowa the operation of the state law maybe
bo postponed for two years to correspond
with the change made In the national law.
In that etate the legislature has convened
and It Is confidently expected that it will
postpone the operation of the state la\v. , Int
in Nebraska the legislature does not meet
this year unlem an extra session bo called ,
and there does not neem to be any way In
which to postpone the operation of the law
Some tave contended that the State Hoard ol
Transportation has authority to follow the
example of the Interstate Commerce com-
mlEBlon and to pa.'lpone the Nebraska law ,
as that Institution did the national law , ibut
the best posted rallroid attnrnejs hero scout
the Idea and say that the state board baa no
tnch power. It is believed that the matter
will rum along until some employe Is Injured
by a car not properly equipped according lethe
the state law , and then In'his damage suit
against the road a test a&a will be made of
the state law. Or , as ono railroader sug
gested this morning , some shipper may bring
suit against the Elkhorn or the Omaha road
for refusing to handle his freight in the car
of toother line not equipped with the safety
appliances. Such a suit .would bring the
state law Into the courts as a test cam.
IN'TERBTATn COMMISSION'S IIEPOIIT.
The report of the Interstate Commerce
commission of the hearing of ' : rallroadu
asking for an cxtenslcn of the national law ,
held at Wnslrlngtcci on IDscembor 1-0 , has
Just been Issued. It ccvera the arguments
made In favor of the extension ask.vl by iho
railroads much more fully than It does fie
argumcntu against llio extension muclo by
representatives of oi'gunU'-d labor. Among
other Interesting ' its brought out by the
hearing are rtho following :
The total railway mileage of the United
States is about IS',000 miles.
Thcro are about 1,360,983 freight cars , of
which the carriers own about 1,230,305.
Nearly all the locomotive engines , numberIng -
Ing about 36,000 , and the passenger cars ,
numbering about 33,000 , arc equipped as con
templated by the statute ,
The 91 petitioning reads operate 101,000
miles , or about SS per cent of the whole.
It Is shown that they own about 1,101,032
freight cars , or about 94 per cccit of all ; that
about C90.539. or about 69 per cent of their
freight cars , are equipped with automatic
couplers , and 463,192 , or about 40 per cent ,
with train brakes , as contemplated by the
statute , leaving about 474,393 of their
freight cure , or about 41 per cent , not so
equipped with couplers , and about 701,710 , or
about CO per rent , not equipped with tbo
brakrs contciiplatcd ,
It appeals that the cost of applying
couplers , Including tho'price of the same , to
an old car Is about $18 or $20 $ , except where
the draft timbers havp to bo changed , In
which case the cxpcnep Is about $12 or $15
additional. It further appears that when a
car Is to go out of use the couplers can ,
with little expense , bo taken off and applied
to other cars. t
Iho cxpcnso per cr of applying airbrakes ,
Including the cost of the eame. Is shown to
bo about $40 , but sometimes there IB an ad
ditional expense of from $32 to $33 per cor ,
duo to the application of new brake levers
and all the other attachments In connection
therewith.
It Is worthy of note that while nearly ) all
the presidents of the great American rail
roads demanded an extension of five years
in the operation of the law , the only master
mechanic called to the stand to give ( testi
mony , Joseph H. McConncll of Omaha , super
intendent of motive power and mach'ncry
of the Union Pacific , gave aa his opinion that
two years would to ample time for the roa.ds
generally to fulfill the provisions of the law.
As a result the order of the commission was
for tc extension of two years. The repre
sentatives of the train , bonds generally asked
for a two > cars' extension , though some In
sisted on an extension of only one year , erne
no extension at all.
NEBRASKA HOADS1 EQUIPMENT.
The following table shows the number of
cars owned , the number equipped with auto
matic couplers and the number equipped
with airbrakes on December 1 , 1897 , by rail
roads In this vicinity :
Number Cars Cars
of with - with
Cars Automatic Train
Railroad. Owned. Coupler * . Brakes.
Omaha 8,953 7'jOO 0,4j
Kikhorn 4,031 3,700 2,4:0 :
Kearney & Hlack
Hills E7 ; . . . 57
Sioux City & I'n-
clllo SCO 310 ' KO
KnnsaB City &
Omuhn 3-IS 270 00 !
Northwestern 35.017 31,719 22.9.V1
Iowa Central 1W1 1,120 Dro
St. Joe & annul --v. ;
Island C42 420' ' 613
Milwaukee. 27,709 20,003 , 11,308 ,
Kansas & Colorado
Pacllle S03 ' 74 2
U. I' . . Lincoln &
Colorado 744 H9 711
O. H. & N 3.003 W3 1.7P3
Missouri Pacllle..12,77 : ! B.3CS l.S'O
Oregon Short Line. 4,15 ? 1 , 7 3fiI7
WilbnHh 12,220 4,770 2.2CO
Union Pacific 10.0X ) 0,973 9.145
Hock If land 1C.33S 10.571 fi.Oll
llurllngton 3Sf l 244 ; J " ' " 10,513
U. I' . L > . & G 2.010 1,445 1,773
Central Drancli U.
P 541 22 Cl
Kansas Midland. . . 91 3 3
Slonx City &
Northern 474 . . . .
Sioux City , O'Neill
& Western 332 . . . . , , . .
llnllvtiy .YolfH ami I'lTxoiuilH ,
Julius ttosonzwelg , soliciting freight agent
for the Port Arthur Route , lias returned
from a short trip to Chicago.
Freight Tratllo Manager Munroo of the I
Union Pacific ls In Kansas City attending a
conference of the freight men.
For the third week In December Missouri
Pacific earnings Increased $31,000 ; Louisville
& Nashville , $23,000 ; Wabanti , $10,000.
The , party of President-elect 'Hurt ' end other
oftlclala of the Union- Pacific were spending
yesterday golnz over th& line In the western
part of the state ,
Thomas M. Orr , assistant secretary of the
Union Pacific's executive department , Is still
in Now York Oily engaged In work In
cidental to tb.u f'r of tbo road from the
receivers to ICie new owners. Rumor has
it that ho ID to receive an lmporant : promo
tion tiider the new regime.
B. A. Barrows has beea aopolutcd pay
master of the Hannibal , & St. Joseph and
other Burlliigton lines In Missouri , ' with
headquarters at St. Josaih , Mo. , In p'.aco of
M. B. Mcrrlmau , deceased.
The new schedule : of working hours at the
Union PAclflc shdro went Into effect yesterday
mcmlng much o the gratification of Uio em
ployes. The new scliednlo raises the number
of hTurs per day from seven to eight.
Robert Qlllham , geneial manager and chief
engineer of the Kansas -City , Plttsburg &
Gulf and controlled lines , has been elected
a member of the Institution of Civil En
gineers of England , orpcalzcd In 1S18.
Edwin W. Winter former president of the
Northc-n Pacific , will sail today for
Europe. He will spend the icst of the winter
and a portion , of the sprlg in Egypt. It is
said .that it was the prospective delight of
this trip that induced him to decline all of
fers to return to active railroad work.
It la announced that the qucstlco of
whether the fast | X" > s'cnger trains , No. 1 and
C , will bo restored on the Burlington road ,
bc'wem Denver and Chicago , will not bo
decided for tmeral mon'hs yet. Eiiould these
tral-js be restored they Will probably be run
via. Plattsmouth and nQt through Omaha.
General Agent Jamrs't D. Welsh , after a
service of more than a quarter of a century
with the Union Pacific road at Cincinnati , will-
retlro from the scrvlca of the company. Mr.
Welsh has been sick for over four years.
Messrs. Ingersoll and Listen , traveling
freight agents of the company , whose head
quarters arc ut Cincinnati , will also retire.
At all ttio freight offices of the local roads
yesterday something akin "to a reforma
tion was noticeable. Under the strictest
orders from the bends of the roads nothing
but rates found In tbo published tariffs are
being quoted. One freight man confessed
that It had been so Jongsince ho had quoted
tariff that ho had -to laoH up his 'reference
guide to sec what the tariff rates really were ,
*
No credence Is taken among the ofllclals
at Union Pacific headquarters In this city
In the reports of the critical Illness of S. H.
II , Clark that come from San Antonio. In
formation received hero la-to the effect that
Mr , Clark takes a wdlit of ono mile and a
drive of five miles cVpry day. "o will re
main In the south during the winter , but his
health Is said to bo no worse than when hu
was hero last.
Samuel Sloan , who ion December 25 com
pleted the- thirtieth year of service as prcnl-
dcnt of the Delaware , Lackawanna & West
ern railroad , haa 00 far declined to receive
the handsomegoMon table service that was
presented to htm on. bla fcoth birthday , which
also fell on December 25. The service coat
about $10,000 , which sum was raised , among
the emplo > es of the road. President Sloan
IUH said In reference to ( ho magnificent gift ;
"I have been , told that this present coat
thousands of dpllara. That Is all very well
but while the acceptance of It would make
this the most memorable Christmas and
birthday of my life , the wives or mothers or
sisters of some of my boy * may have to go
without their Christmas that these bojs
might glvo mo ml LA 'Hiat'n all wrong , o-od
I won't feav ib" J
GIVES THE CITY JUDGMENT
District Court Completes tin Trial of Ex-
Tressurcr's ' Bondsmen.
JUCGi ELABAUGH DLC'DES BOLLN CASE
Overrule * Alii ( I oil for u \ < 'iv Trial anil
ICiilcrH .luilKiiifiit for ( lie Kull
Amount of the Verdict ,
with Interest.
In the case of the City of Omaha against
the first term bondsmen of Henry Bolln , cx >
city treasurer , wherein a Judgment for $50-
509.73 was returned on December 18 last ,
Judge Slabaugh yesterday overruled tlio
motion for a new trial and entered Judgment
for the full amount and interest , amounting
to $71 159.92 , giving the defendants forty
days from the rising of the court In which to
Hie their bill of exceptions with the clerk of
the supreme court.
The trial of the case of the city against
the Bolln bondsmen , couumcd all of the
time between November 1C and December IS
last , and Immediately after the verdict was
returned the attorneys for the defendants
filed an application for a now trial , alleging
misconduct upon the part of a number of the
trial Jurors. It was alleged that certain
Jurors had formed and expressed opinions
prior to going Into the Jury box ; that others
had eald whllo In the Jury room that thuy
did not believe , the evidence of certain wlt-
neret'B who wore called by the defense ; tint
they had raid pi tor to the submission of the
cmjj that the bondsmen- should bo held for
the full amount.
Yesterday upon the convening of court
Attorney Mahoney , for llio bondsmen , K.ld
that ho desired to call Juror Cain to give
I testimony concerning what occurred In the
, Jury room ,
A' ' lorneyo Cornell and Scctt of tiio city
objected , maintaining that the ojfcua
closed and that the defeuso had no right at
this time to come In with tttt.'lmony that It
would he Impassible to rebut ,
Attorney Mahoney said that the testimony
Was cumulative , and bore out the facts
sworn to by certain Jurors ulio had filed alll-
davlts ,
Judge Slabiugh overruled the objection ,
holding that as a matter of falrncfu tne cuurt
should know If anything material occurred
amcng the Jurcw prior to tbo time of ic-
turnlng their verdict ,
Juror Cain was sworn and testified that
upon two or three occasions some of the
jurora while In > ; nclr room commenced lo
talk of the case. At micb times ho udrnor-
IshoJ them concerning the Inutructlww "f
the court and they at once dropped the con
versation. There were no statements nu o
relative to the merits of the case ,
merely remarks and disconnected t.tntu.cca.
Alter listening to tbo testimony ol the
Juror , Judge Slabaugh rasscd on the case.
IIn cald that repeatedly he had cautioned
the Jurors not to tilt of the case until all
of the testimony and the instructions had
been submitted , and from what ho had been
able to learn , nothing had been said that
Indicated that his admonitions had been dis
regarded , i
The statement of certain Jurors relative
to believing the testimony of Witnesses
SToratlcn and Doolittle was a matter of ills-
cuscislcn that was something that the court
had nothing to do with , as every Jury was
entitled to discuss and weigh the testimony
of every witness on t'ac stand. Such a dis
cussion was the very province of the Jury.
Regarding the aHldavlts of Jurors that the
case had been discussed prior to being sub
mitted , the court was of the opinion that
they wore more In the nature of sentiment
than evidence.
Passing to the case In chief , Judge Sla
baugh gave little attention to the motion
for the new trial. Hu eald ho had watched
the evidence very carefully and could come
to no other conclusion than that the verdict
should stand undisturbed , whereupon he en
tered his order as helnbeforo stated.
M.Vl'THUS I.V TIIK KKIHSHAIi CCIIIIIT.
.1 ml Ke Mllllicer Tal.eN | ' | ] ) | HMIH | I Ion of
Criminal CIIHCN.
Criminal business v > as token up In the
federal court yesterday , with the trial
of Leo and Harrington , charged with burg
lary of the Stromsburg postolllf } . The big
gest portion of the afternoon Is being con
sumed in empaiijlling Hia jury.
Yesterday four prlscners were arraigned
on the charge of M'lllKE I'qunr cn the
Omaha reservation. Thuy were P. M. Rich ,
Fred Cayou anl Ur.orge Goodwin , white
men of Decatu- * \ < \ Sampson Glli/ln , 0n
Indian. Kn'.i pleaded Ictioconce , but the
others admltcd Hid. guilt , lillpln was let
off with a line of $23 and ccsts , and ho wan
Given ten days' liberty In which to raise llio
mono } ' . Sentence upon Cayou sod Goodwin
wai deferred. As Gllpln could not speak
English , ono of the others Interpreted for
him , and ho caused some amusement by ad
dressing the court * whenever tpoko In
the following manner : "Judge , tbo honor
able court , cutcemed sir. "
Three four men were brought In by Deputy
United States Marshal Allen , who
spent all day yesterday In roundIng -
Ing them up. Ho wan accompanied
by lila brother , and vsnllo the two
were driving north of Tekamaii , their buggy
tongue broke. Allan at dice confiscated a
hayrack Hint was preceding him on : ho road
and with tliLi ho gathered In his printers.
A heavy load o ( witnesses were alee given a
bayra k ride during the afternou ,
t'mli-r ( 'oiiNlilerallon ,
Judge Mungcr hea not yet acted on the
application for an vxtenelon of tlnio In which
the segregation of the telegraph Interests of
the Western Union an-1 the Union Pacific
on the latter ujstcm shall take place. The
segregation won to have taken placu by Du >
comber 31 , but the Western Union a coup o
of weeks ago atkcd that the time ho ex
tended on the grounds that because of thu
complicated condition of Uuioa 1'aclUc , Kan-
sea Pacific and Denver Pacific lines the
separation could not bo made with proper
regard to the righto of nil parties at the
prcbcnt time.
Judge Munger has the application under
consideration. Ho has Informed the Western
Union attorneys that he does not believe that
ho has the power to grant the extension of
tlmo asked for. lie Is , however , engaged1 In
looking up authorities on the question.
] ) < > l > ONltlon of ( Inlleeelver. .
The deposition of Receiver II , 13. Edwards
of the Dank of Commerce of Grand Island
has been filed In the federal court raso at the
Modern Woodmen of America against the
Union National bank. .In this ho testifies
that ho was unable to find amongst the
bank papers the check for $27,205 drawn In
favor of the bank by D. C. Xlnk , who wan at
that tlmo head clerk. It was for the amount
of money represented by thin check that the
Union National hank of this city Issued a
certificate of deposit , and the action la
brought to recover on thn certificate. The
check was drawn December 30 , 1895.
Si-pvlt'o .Viit finnil.
A cafe Involving the question of service
on n nonresident was up before Judge Sla-
. baugh this morning , and ho held that serving
a summons upon , n traveling man of such
corporation was hardly , In compliance with
the provisions of the statutc-a , The ca < ? o was
ono of Kruger against the L , Wolff Manu
facturing company.
The plaintiff had sued the defendant for
$20,000 damages , alleging that not long ago
end whllo ha was In business the defendant
had withdrawn credit and has sent eooa
"collect on delivery , " thus hurting his finan
cial standing. Suit was brought and the
summona wa crved on n traveling Bales-
man.
from Uu CourlM.
Judgments for the following named
amount * have been entered against thu
Omaha Klro Insurenco company : E. H. Hub.
hard , $971 ; Peter K. Thompson , $2,025 ; 0 , II.
Snjder , $307.
W. A. Dellord IUH filed h' bond In the
sum of $3,000 and entered upon the dlpchargo
of his duties as receiver of the Northwestern
Coreat company. Ho was appointed to the
petition by Judge Hrott.
John K. Cleveland has sued , alleging that
Thomas Swentman OWCH him the sum of
1020.97 for work and labor performed. The
plaintiff gays that ho entered the employ of
the defendant July 1 , Ib95 , and that he has
never been paid In full for the labor that"
he has perofrmcd since that date.
Peter Defort lies sued the Chicago , Ilnr-
llngton & Qulncy Railroad company In an
action to recover the sum of $111.50 , alleged
damageu. The plaintiff alleges that ho was
employed at Gltson as a coal heaver nud that
whllo so employed won Injured by onu of the
engines of the defendant.
It U easy to catch a cold and just as e-asy
to get rid of It If you commence early to
us- OneMlmito Cough C'urii. It curcu
coughs , eolds , bronchitis , pneumonia and nil
throat and lung tioublcs. It IH pleasant t *
take , ifjfo to uuo uud aura to curv.