HE OMAHA , DAILY BEE. _ - rilTTTPcnA-V op ISOa TWTOT/Vlfl /H COPY JACKSON'S ' SCRAP WITH SPAIN How the Hero of New Orleans Thrashed the Dons in ths Florida. HOT PURSUIT OF MARAUDING INDIANS IMrrliiNT Story of Trrntlr-M Slnnlicil I > F tlio Huoril nnil Perfidy I'un- lulivil J.in eric-ii n Attack on Jliivunu. Just eighty yeara aga this spring , relates the New York World , we hail a war with Spain. Or , rather , Andrew Jackson had a unr with Spain , which he carried ! on In the name and with the troops of the United StaU-3 , but on his own j.crsonal responsi bility. Ho had made one brilliant campaign against the Creeks of southern Georcla. Ho completely cri'shod the Creek nation , and thought that they were "pacified In the thorough Jackson manner. But a few thousand Creek braves fled across the I/order Into the Spanish province of West Florida alnd lolned themselves to the bloodthirsty horde of Semlcolcs and fugi tive fllaves , led by the great chief Billy Bow- Icp3 This trlpartnerahlp of deviltry , aided end abetted by the Spaniards , made life In Fouthcrn Georgia a scries of alarms toj fro- tjuently realized In butchery and rapine. The Spanish official attitude was perfectly correct deprecatory ami regretful. But really , slid the Spaniards , these savages arc eo strong and BO wily that we can do noth ing. ing.Then Then Andrew Jackson came. Ho had- cholco of two courser ) to follow the rec ognized International code of protest by post to Washington , thence after long delay to the Spanish mlnlrtcr , thence after Interm inable delay to Spain by slow sailing ves sel , and BO on through drawn-out years of waiting , or to adopt n Jaksonlan code of International law exactly suited lo the cir cumstances. Ho reasoned thus : First Billy Bowlegs and hU marauders must bo punished at once. Second This s as much to the Intcrcot of Spain as of the United States. - _ _ > Thlrd I , Andrew Jackson , must do my duty by both countries. Fourth If the Spanish officers assist me , well and good ; If not , then they are allies of the savages and enemies of the United Statce. Jackson wrote to the government at Wcsh- Ington Just what ho purposed to do. Then , without waiting for a reply , he marched over the border Into the sacred territory of Spain fit the held ot an army that knew no other duty than obedience to Jackson. CALL FOR SURRENDER. Ho made straight for the nearest Spanish fort St. Marks. He sent word to the gov ernor that ho ( Jackson ) had been much pulned to learn that the wicked Indians had forcibly entered St. Marks and liad fright ened the weak garrison Into giving them arms and ammunition , "To prevent the re currence of so gross a violation of neutral ity , " wrote Jackson , "and to exclude our savage enemies from so strong a hold as St. Mark's , I deem It expedient to garrison that fortress with American troops until the close of the present war ! " The governor was dtimfouncled. Ho hur ried forward a long reply In Spanish , the substance of which was tlut ho would write to his government and see whether It wished him to let Jackson pursue the proposed course. That Is , ho said to Jackson , "Wait six months or a year. " Jackson couldn't read Spanish. In his whole life he never dreamed of any one ask- Infc him to "wait , " i-o he assumed that the letter must be a cordial assent to his very proper proposals. ! Hc got the letter In the early morning1 of April 7 , 1818. Before noon the Spanish flag had been hauled down from St. Mark's , the American flag wa floating over It and American troops vvcre lnposscs- I * lon. The governor made a dignified protest In Spanish and departed with his Karri- ton. ton.General General Jacknon proceeded to chastise the Indians an.l had his usual success. But again he found the 'Spaniards Interfering tea save the Indiana " from Jacksonlan "pacifica tion. " 'Here are his own vivid words of de scription of his further and final campaign against Spain : "I received Information that 550- Indians had collected In Persacola , were fed by the governor , and that a party furnished by the governor had Issued forth and In one nlsht had slain eighteen of our citizens , and that another party , with the knowledge of the governor , went out publicly , murdered a Mr. Stokes and his family arvl In open day re- turritM to 'Pensacola ' and cold the booty , among which was the clothing of Mrs. Stokes. " Hero was Indeed a cosus belli. Jackson did not bcsltato between the accepted code and the Jacksonlan ) cade. He at once- levied war against Spain. Says he : "With a general detachment of regulars _ n < LCOO Tcnnessecans I marched for I'cnsa- cola. cola."While "While on my march thither I was met by a protest of the governor ot Penascola orderIng - Ing me out cf the Florldas or he would op- POM force to forpo and drlye me out of the terrttbry of Spain. " CAPTURE OF PBNSAOOLA. Jackson regarded this boast of power as proot < po8ltlvc of the _ treacherous lying of here governor In Baying that the Indians were > too strong for his weak garrison. So he marched on to Pensacola forthwith and took formal possession ot It In the name ot the United States ! The governor fled to Fort Carlos de Bar- rancus. There ho thought himself safe from this terrible Jackson. Fop he never Imagined for a moment that even such a high-handed person as Jackson would dare try -to lake 'by force the fort of a power that was or was pretending to be at peace with the United States. But Jackson was hot upon his heels. "I demanded possession of the fort , to beheld held by Amerloin troops until guaranty could t > c given for the safety of the frontier. This WM refused. "I approached Iho Barrancas with one nine-pound piece and five eight-Inch howit zers. They opened their batteries upon Itnc. . It was returned spiritedly , "The white flag went up In the evening. I had my ladders ready to go over the walls. I believe the garrison discovered this and urrcnJcred , tearing a night attack. " Spain was now powerless beneath the heel of Jackson. Her sange allies eoon yielded to Jackson's eharpshooters. The real war with Spain was over. But the diplomatic war , which usually precedes the real war , had to follow In this case , thanks to Jackson. And how It did rage In Florida , in Washington , In Madrid ! Spain was furious and many Americans aid that Jackson had really gone too far. But the upshot was that the United States government disavowed Jackson's acts , restored stored the forts and thanked Jackson pub licly and protur ly for ending the alliance of Dpa'jlsh perfidy and Indian savagery. As 'or the pepole , they made Jackson their idol , as they do every man who prefers doIng - Ing to dalliance. The quotntlons from Jackson uted above are in a letter which Jackson sent to i a friend at Washington for use In his defenne. ; This brief account of Jackson's splendid war with Spain cannot be ended more fittingly than with the doting paragraphs of Jack- on'a letter : "Alt I regret ta that I did not storm the works , capture the governor put blm on trial for the murder of the Stokes family and tune blm for the deed. "I could adopt no other way ( to put an end to the war ) but by posesslng myself ot the trongholds that were a refuge to the enemy and afforded them the means of offense , "Self-defense Justified me la every act I did. I will stand justified before God and all Europe. And I regret that our govern ment hi4 extended the courtesy to Spain rnot , xrlthdr wUif tb * Uoopc fxoa FenaacoU bea ' I fore STpaln gave a Riurantce for the fulfil ment ot the treaty and the safety of the frontier.1' ' HOW WE ONCE TOOK HAVANA. In 17C2 eoldlcrs from the American colonies which afterward became the United States capturci ) Havana under English leadership , and men ot Massachusetts hauled down the Spanlah flag from Morro Castle. The story la well worth recalling , because It shows how bravely and successfully our ancestors fought agalnat Spain , and also because It warns us .tgatrat dragging out negotiations and preparations until the deadly rainy season sots In. The following Is from Bancroft , vol. 111. "Assembling the fleet and transports at Martinique and off Capo St. Nicholas , Ad- mlial Pocockc sailed directly through the Bahama straits and on the sixth day of Juno came In sight of the low coast around Ha vana. The Spanish forces for the defense of the city were about 4COO the English had 11,000 effective men and were recruited by nearly 1,000 negroes trom the Leeward Islands and by 1,500 from Jamaica. Before the end of July the needed reinforcements arrived from New York and New England ; among these was Putnam , the brave ranger of Connecticut , and numbers of men less happy , because never destined to revisit their hoires. "On the 13th of July , after a siege of twenty-nine daya , during which the Span- lards lost 1,000 men and the brave Don Luis do Velasco was mortally wounded , the Morro Ostlo was taken by storm. On the llth of August the governor of Havana capitulated and the most Important station In tbo Weet Indict ) fell Into the hands of the English , At the same time nine ships of the line and four frigates were captured In the harbor. The booty of property belonging to the king of Spain was estimated at $10,000,000. "The siege was conducted In midsummer , against a city which lies just within the tropic. The country around the Moro Castle le rocky. To bind and carry the faecines was of Itself a work of Incredible labor , made possible only by the aid of African elavc-s. Sufficient earth to hold the fascines firm was gather with difficulty from crevices In the rocks. Once , after a drouth of four teen days , the grand battery took fire bj the flames , and , crackling ocid spreading where water could not follow It nor earth etlfio It , waa wholly consumed. 'The climate spoiled a great part of the provisions. Wanting good water very mai-.y died In agonies from thirst. More fell vic tims to a putrid fever , of which the malig nity left but three or four hours between robust health and death. Some waited away with loathsome disease. "Over the graves the carrion crows'hovered and often { scratched away the scanty earth which rather hid than burled the dead. Hundreds of carcasses floated on the ocean. And yet such was the enthusiasm of the English , eucli the resolute zeal of the ualloni and soldiers , such the rnlty of acttan be tween the fleet and the army , that the vertl. cal sun of June and July , the heavy rains of August , raging fever and strong and well- dcfeoded fortresses , all the otstacles of na ture and art , were surmounted and the most deeUIvo victory of the war was gained. " .WAKES THU DKIITS A STAM1OW Order from .Iinluc Siiiilinrii I.lillK StniulliiK Account. The financial differences between the Union Pacific and the Union Pacific , Denver & Gulf railroads have been ccttlcd by an order signed by Judo Stuborn of the federal court several days ago and Just received by Clerk Hlllls of the federal court for filing purposes. According to the hearing held recently be fore Special Maxtor ! a Chancery Cornish In New -York regarding a final settlement be tween the two voads , the Union Pacific re ceivers established proof of tn Indebtedness of $889,027.24 due from the Gulf road and al.o ? secured owrxjrshlp of over $584,000 worth of bonds and other securities. As a counter Indet'iedneir. ' ' } the Gulf road presented nu agreement between the two roads by which the Union Pacific guaranteed the payment of the principal cud Interest on some $15,000,000 worth of first consolidated mortgage bonds. Interest on tlicee bonds has been defaulted on account of the Insolvency of the road , over $1,000,000 being due. The Gulf road of- flclals . maintained that thte constituted a presented a pvopoaltlon that these claims be equalized and thus wiped out. Special Master Corel Is u recommended that such action bo takcti and Judge Sanborn has Icsued the order on that line. He has found that the Indebtedness as claimed by the Ur.lon Pacific exlats , . but authorizes the re ceivers to acalgn It to the Gulf read on con- dltlca that the latter releases them from the agreement and that the holders of the $15- 000,000 of bonds agree to the cancellation of the guaranty of payment by the Union Pacific. Will Tnkv Up KMionltlon Hnte * . CHICAGO , March 21. A meeting of the passenger agents of the western roads has been called for Friday next to discuss rates end arrangements for the Tranemlwifcsl Exposition at Omaba. It was the original Intention of the roads to hold this matter In abeyanro until after the fate of the antl- scalplng bill wan settled , but they have ne to the conclusion that they will be ed to take their chances with the brokers and make liio rates 'for the exposition without waiting for the action of congress. Illir Iiirrrnir lit < ; ronu RnrnlnK * . CHICAGO , March 21. Gross earnlngn of the Chicago & Northwestern rad for the month of February were $2,586,873 , against I $2,206,831 for the corresponding week Iof last year. From June 1 last , gross earnings of the road have been $27,200,218 , against $23,857,927 for the corresponding period istof the preceding ftecal year. Dr. Mnrkii-'H appointment. Tdo appointment of Rev. Thomas J , Moc- kay cs a member ot the public library lord will probably be unanimously confirmed by the council. There eccrr.o to be no opposi tion to the appointment and as It Is only for a little ovtr two months It will probablj ) bo cc n fir mod without reference to a commit tee. MontKoiuery Will Dffetul. C. S. Montgomery went to PlJttsmouth yes- day for the purpose of trying a damage Fiilt which la being brought against the Rook Island road. Two years ago the ro.ul kllleil n man nt MurdocK In that his heirs county , niles nre now bringing suit for damages , Mr. Montgomery represents the company In the case anil mas accompanied by Tom Joa- 13- lln and other members of the train 13ew crew which ? nw the accident. Striking for riilciiKo ivlteiliilf. CLEVELAND , O. , LMiiroh 21. A ppccln from Sharon. Pa , , says : Coal dlsger * InIt Mercer , La French anil Butler "mintlrs threaten u strike to commence April 1. rick Pat Dalan , district qpreHldent. nnd Wllilacn Warner , secretary of the United Mine \ \ orkersattended \ attended n meetlnsr at Mprwr T c-ourt house. Twenty-six miners' delegates : were present and only one operator. The miners resolved to Join the Plttnburg dls trlct and enforce the Chlcasj - aKrc-ement quitting work April 1 and remaining out until the operators nvrre to the schedule Several the thousand nun will bo Involved lieIn | strike. 1.ooiite n > IXMIIU | ; linn. FITCHBURQ , iMuss. , March 21. The family of Joel O , Tyler , the former teller of the Safety Fund bank of this place , who has liffti missing since March 11 , has in- nounced that It is known now where Mr. > Tyler lit ami that he has suffered n > harm. Further Information Is refurm nml the mtm- bers of the family refuse to dlscu-s the mat ter In any way. The examination of the C. ' bank's books Is still tolns on , but no lii- formation has been made pub Ic other than that the president of theban' * said last Sat urday that up to that time nothing had been shown that the bank hud' ' lost a cent. Killed > n llejectc.l Suitor. WELLSVILLE ; O. , March Il.-Whllc returning - ' turning Uomo from church last nlnht Oliver Heed nuked Sarah Walton to marry him. ami upon her refusal he drew a revolver anil shot her through the heart. He then turned the weapon on himself and ) bin- out hla bruins. dylnK In a short time. Paper * found on hla body nhow the deed waa pro meoiTated , T , ; UNION PACIFIC IN EARNEST Overland Shows Eridenoa of Its Intention Concerning Terminals. 'RELIMINARY ' STEPS TO A NEW DEPOT Squnttrrn Ordered to Vnontr the Uronnil on Which n. Ilniiilnninc Permanent Structure Will Soon He Erected. Tfio preliminary arrangements for the building of the Union Pacific permanent pae- senger station arc being rapidly completed and convince even the doubting Thomases that ' President Hurt's promise to erect a parecngcr station that would In every respect be a credit to Omnha will be faithfully car ried out. Bright and early this morning representa tives of the Union Pacific railroad took the first steps toward r'taring the plot of ground bounded by Etghtb and Tenth streets and Mason and Leavrmworth streets of the cottages and otbef frame buildings that e.'am ! there now. The tcnantn of all buildings tbat stand on Union Pacific prop erty were notified to move off the ground within thirty dajs , is the company proposed to tear down the buildings to make waj for the new depot structure. Just how soon active work toward preparation of the ground for the new depot will be begun Is not known. The engineering department Is qulto anxious to have the ground cleared as eoon as possible In order tb > U It may begin - gin work , and the legal department has been Instructed ta haveHie tenants move off at an early date. The Union Pacific's new passenger station will cost $47/5,000. / This Is the latest esti mate , and It Is believed that It will cover the final ccst. All of this money Is to be put Into the new passenger station. It docs not Include any expenses for grounds , as the company already possesses the lots upon which the new structure will stand. It Is also understood that this estimate does not Include the expense of re-arranging the tracks In the depot yard , for a new system of trackage Is to be devised to suit the train , service to the new structure. ARCHITECT FKOST AT WORK. The plans are being prepared under the direction of Architect Frost of the North western system , who Is , by the bye , a son- in-law of President Marvin Hughltt of the Northwestern. Mr. Frost has designed a large number of depot structures In the west , not only for the Northwestern system i , but for other railways. He was the arcl- tect of the Milwaukee's new station In Min neapolis. The plans have not been com- plcter , but those 'Who ' are familiar with them say that the Union Pacific's new dipot will bo considerably larger than the Durllngton'a new station. In extreme length It will be half again as Ions , and the width will be about double the new station that Is being constructed by the Burlington. The Union Pacific's new structure. It la understood , will also-be hreo stories In height , the middle cue , or he main floor , being connected directly with he Tenth street viaduct. The preliminary 'lans. have been shown by President Burl o the directors In New York and have ieen duly approved , and work will be com menced within a short time. By the condition of the city council , made Before permission was given the Union Pacific to construct Its temporary frame buildings work on the permanent depot must be commenced before May 1. The > rc ent activity Indicates that this agree ment will be faithfully executed. The ; rojnd on which the new wooden sheds of the Union Pacific stand will be needed for a part of the new permanent depot , but the wooden buildings will not be disturbed until after the close of the exposition. Until that time the work on the permanent structure will proceed on the north and the east sides of the wooden sheds. Work on such parts of the permanent depot can proceed unin terrupted by the traffic through the tem porary station. IIEGI.V WKIGIIIXG THE : MAILS. Government I'reiinre * for It * Qiiiiilreiiulnl Timk. The regular quadrennial weighing of rail 1- road mall In practically the entire territory west of the Mississippi river will commence this morning. For the next thlriy-fivc days every ounce of mall that Is carried by the railroads In this section of the country wll be carefully weighed each day by the postal clerks or weighers. From tbe results obtained a dally average will be struck and on the basis thus formed the western railroads will be paid during the next four years for carrying United States mall. The work will bo heavy. At the terminal points the amount of mall received and de livered will be weighed on hugh scales. en dividual weighers will accompany each postal car and bit of ale every mall delivered or re ceived will be welgtoeJ on smaller scales eIn the cars. In this way an. exact record of the amount carried on each run will be ob tained. Notice was received In this city bof the date on which the weighing was to com mence a'bout ten days ago and ever since that time the local office of the railway serv ice has been busied In making the neces ' sary preparations. Everything Is now ready on this division. ( Assistant Superintendent Vandervocrt has made the following assign ment of weighers : Union Pacific Transfer at Council Bluff.i to Ogden , Tra'ns Nw. 2 anJ 3 W. U. Gels- ton of Elk City , Edwin A. Holt of Omaha , Curtis Cook ot Kearney , Alfred E. Hubbard of Valley , Joseph Boneeh of Kearney. rdn Ogden to Union Pacific Transfer at Coun cil Bluffs ; Trains Ncs. 1 and 4 William nA. . Barnard of Cozad , F. L. Schopp of Gothen- berg. Vernon. C. B attle.of. Ov rlci Jacob L. Pan-ott of South Omaha , James E. Erwln of Omaha. Union Pacific Transfer at Council Bluffn to Hunttngtcci , Trains Nos. 2 and 3 Bert M. Hcurbaniih of Falrbury , George A. Benedict of Lincoln , Jay D. Rising of David City , William Haase of Cheyecr.e , Charles ty.B. . Elklm of Omaha. Union Pacific Transfer at Council Bluffs to North Platte , Trains Nos. 5 and 6 Oliver Morel ! of Oakland , Horace Guy Warner eiof Warnervllle. Missouri Valley anil Lone Pine Frank Mothershead of Spencer , Clifford B. Bel- Xoap of Wakefield. L3t > s Pine and Deadwcod John T. Curran of Gordon , Chester A. Starr of Glennvllle. Pledmost end Lead Thomas W , Becket of Kearney. Deadwcod and Belle Fourche 'Mark ' Ray Llpplncott of Blair. Slcux City and Newcastle Otto Meltz oi Spencer , Wajr.o and Bloomfleld Andrew Beck of Blair. Sioux City and Hartlngton L. , M. LeValley of Wakefleld. Omaha and E > xeraon A. 0. PIckens of Powell. Grand Island and" Ord Kit J. Carson of 38 Kearney. Columbus and Alblsn James A. 'Klrlc'of al Fullcrton. . , . . . . . Norfolk and Columbus Thomas W. Sch > f- fir of Platte Center. Stationed at Union Pacific Transfer David 'r ' . Dodds of Omaha , Lloyd M. Howe-of WooJ River. Stationed at Union "Depot at Omaha C. J. Bcckman of Oakland. H , J. Dolph of Ray mond. Stationed at Webster- Street Depot at of Omaha John J. HadflelcJ of Omaha. Stationed at Depot at Fremont Will P. 'Pierceof University Place. Kntrrklu Iteturuji to Omaha. George M. Entrckln , assistant general of freight agent of the Port Arthur Route , U to expected back to Omaha from Kansas city , Mo. , today. After an absence of * month bo will again assume charge oft he local freight department of the new road. Harry liar- graves , who has bad charge of the local freight office , will go OBltbfr road aa traveling freight agent. He win iijbcced D. K. Tory , who will become chltfolcrk to General Superintendent Wllllatow. * Messrs. Williams &aa Tory were In Omaha irsterday morning , going from here for a'.trlp'.ot Inspection over the Quinsy line. 4 > > LOW HATES TO JTIlrf BXI'OSITIOS. I I Iniiiortntit ConfereVit'e ' Iletiveen l'nn * xencer .lien of the I.ocnl Linen. . ' ' Thcro was an Importa'n't conference of pas senger | officials of thta cltr at the head quarters ot the Fremont , 'Elkhorn & Mis souri Valley railroad on Monday morning. At this meeting declajvo" steps toward securing - curing low rates to Omaba during the llfo ot the TransmUslsslppl Exposition were token. ) The meeting was attended by John . , Francis , general passenger agent of the B. & S . ; John R. Buchanan , general passenger age of the Elkhorn , and Chief Clerk Mur ray of the Union Pacific's pcascngerl depart ment i , representing General Passenger Agent LorT , who Is still In the west. This was the committee appointed by the representatives of all Omaha lines about four months ago to consider ways and means of securing i , the best rates for Omaha during the exposition. The committee at Itn meetIng - Ing on Monday morning very carefully con sidered the situation. Including the probable attendance ( and the poi&Iblllty of protecting the manlpulatlon'of reduced rate tickets by the brokers. It decided to recommend to all the western lines represented In the Western Pasenger association a line of low rates to Omaha from bit polnln east , west , noi th and south. Just what reductions wcro recommended will , not be made public until after the rates have been approved or rejected by tlio other lines. orV the recommendation of .these cheap rates will go A request to 'B. D. Caldwell , chairman of the Western Passenger association tlor , that he call a moVtlng cf the general passenger agents of all "western lines for Thursday or Friday oKthfs week , 'March ' 24 or 25 , for the consideration of the rates recommended by the general passenger a cn's of the Omaha iwen. As the association tlor gave power to the Omaha lines to recom mend i such rates as they deemed suitable Itrati Is believed jnore than lkely ( that the rates that have just bccn dcclded upon will prevail. The passenger associations In other parts of the country xvlU agree to any rea sonable rates that the. Western Powenger association names. Now tbat the ball has been started a-rolllng , H should not bo long before the rates are made and announced. The delay has been due to a desire on the part of the passenger .men to hold oft until the passage 'or defeat , of the antl-scalplng bill now pending In conjfrcss , with the be lief that loner rates cotom be made If the bill prevailed than If. It Were defeated , UXIOX PAClT-IC FUCK IXSUIIAXCE. Stillborn Jlnkcn nn order to | Ile- i-elvernl Judge Sanborn made -an order last Satur day relative to the Utilo'n Pacific fire In- s'uiunco fund , directing' ! is.distribution The order was made on he petition of the recelvcro that some Instructions be given them regarding the fund -in view of the fact that almost the entire yatcm has been sold. Judge 'Sanbarn's order is that they ccate receiving further /contributions and that they refrain from xepagnizlng any lia bility for 'fire losses after .the date of the order , ' They are'-liistructcd to pay all losses occurring prior to that date. The cour also orders that the sefcurlUen In the fund shall bo sold at public auytton In New York by Special Muster In 'Chancery ' W. D Cornish. All claims agaljst the" fund must bo filed by Apill 26 with the special master and the answers must be < flled by May 1 Special Mastcr Cornlsh. Is Instructed to In- vebtlgajo and give a hearing an. alt these claims and to pay ( hem In accordance with hlc findings. . There Is a balance ot $620,209.43 In the fund. Of this amount $129,501.17 Is In cash and on deposit and the remainder Is In the securities which are to be sold at auction The statement made by the receivers shows that there was $265,532.69 In the fund when It was turned over 'to them on October 13 1893. The contribution received from tha : time until February 28 of this year amounted to $265,532.66. The .Interests and profits brought in $79,328.71 , making a total of $781,333.13 that came Into the receiver's bands. The fire losses paid amounted to $261,121.45 , and there was an additional ex- pcr.so of $2.25 , making the total expenditure $261.123.70. The cash balance on iand and the pro ceeds arising from the sale of the securities will mainly be distributed pro rata among the roads which have 'contributed to the fund. , f Another order slgneq by Judge Sanborn authorizes the receivers , to release to the United States all claim and title .to a tractof _ land on the Central Bianch of ttie Union Pacific cificIn the Topeka Land-district. KANSAS CITY TO IJEXVEH RACE. Union I'nelfle amirtook Ixlaiul In Fierce Competition. The Union Pacific anil th'e Rock Island are having a war of time on their new trains between Kansas City and'IJenver. ' One week ago from Sunday'last thefUnlsn Pacific established ' lished new train service' between these two cities. The Rock Island'followed suit on Sunday by putting a new train , known as "Tho Colorado Flyer. " AVhwi the Union Pa cific puton Its new train It beat the Rock Island's best previous time over a half hour. The Rock Island put on' a 'new train a week later that was to be a halt hour faster than the Union Pacific. Then the Union Pacific changed Its time on Sunday , giving It ten minutes the beat of It Inta Denver. On Mon day morning the Rock Island announced that on Sunday next , March 27 , It would cut Its time forty minutes on Its new train between Kansas City and Denver. This latest change that has been ordered will put the Rock Island Into Denver a half hour earlier than the Union Pacific , unless the latter makes another cut In Its running time. The latter Is an event that Is very likely to happen , as Lhe'Unton Pacific official * here say they do not propose being en Into Denver by any line.On the other id , W. I. Allen , assistant gcneiaLmanager of the Rock Island , who has supervision of all oper ; ating matters on that t rstera , says his line Is the shortest bctwee i Kansas City and Denver , and the Rock Tiland trains will therefore make faster ; ln e between those two cities than the train * Ol any other road. Itnllwny Xotr Mac tfmonnlo. Traveling Freight AK H Warwick of the Unlcn Pacific Is In town .from Denver. Frank Aglar , son ot/Gei erol Agent Aglar of the Union Pacific it S Louis , Is In the city visiting friends bare. Jceeph Lord of the freje t department and T. C. Jones , bigg < agemas : er of the Un'on Pacific , are In the city froii Cheyenne , Wyo. Alonzo Barnes , a prominent cattleirun ro.ot the state , U In the city from Lincoln , and during the morning called ] at local railroad offices. * \ Gccrgo E. Yeoman * hat been ed purchasing agent of the 'Burlington , Ith headquarters at Chicago , to succeed George Hargreaves , resigned Mr. Yeomans , who Is years of age , has been with the Burling ton fcr thirteen years , and bts been asslst- ant purchasing agent ; far the last seven $ ytrs. F. W. Bu-iklrk. assistant general peosfn- ger agent of the Erie Ilpes. Is la tbe city ° m Chicago. He la accompanied by TravelIng - Ing Passenger Agent * Bert JJrtnch of Chi cage and Robert E. Breder W Kansas City , Mo. Mr , Busklrk , who Is most pleasantly remembered by all the local'pseeengev fra ternity , Is returning Jo Chicago after a trip of several men tha through the west and tl.o touthwest. Durbqjvtbe more In gf be visited : A. the exposition gfotmis with General Agent Kuhn of th.e Northwestern , and expressed himself as highly pleased with the prospect for a great show. He I * particularly proud tbe splendid showing that Illinois Is going of make , and saj that thousands of people from that state and from ea t ot there will come to Omaba during tbe summer to visit the exposition. SUICIDE CLAUSE IS GOOD OaSi of Especial Interest to Mutual and ' Fraternal Companies. UGE DICKINSON ON LIFE INSURANCE Gli on HIM Opinion thnt n Contract In a 1'olley In lllnilliiR on the Helm of the Innurcd. The case of George B. Scherar , eon of Rose Scherar , deceased , against the Prudential Insurance company , has been disposed of by B.Jud Dickinson , who by his decision passed upon a question that has alwaje been of considerable Interest to the mutual and fra. tetnal Insurance companies. In October , 1894 , Roeo Scherar took out a $1,000 life policy In the Prudential Insurance company , the same being payable , In case of her death , to her on , George B. Scherar. During April , 1896 , Mrs. Scherar took her own life. She was living In the building at 2220 Leavenworth street , and ono day she was found dead , having hanged herself. Soon after this the son sued the company for the face of the policy , It In the mean time having failed to pay the loss , con tending that by reason of certain conditions in the poljcy which Mrs. Scherar had ac cepted It was not liable. These condltlous were to the effect thnt If the Insured died by her own hand within three years from the date of the policy the company < ihould r a trial lasting three dajs the attorney for the defendant moved that the case be taken from the jury and tried to the court. The motion was sustained , and In handing down lila opinion the judge held that the conditions of the policy were binding as against the heirs and legal representatives of the policy holder. He held further that they could recover only the amount that fine had paid In as premiums , which In this caeo amounted to JG3.3G. Judgment for this eum was rendered against the company. IIO.VU INJUNCTION CASK IS ON. HonrliiK on the Application' of llor- nnril Tli 11 rm n n t Co. The case of Bernard Thurman & Co. , bank ers and bond buyers of New York , against the City of Omaha , Is on for hearing before Judge Fawcett. The plaintiffs are the parties who purchased the Issue of $300,000 of city twenty-year 4 per cent funding bondfl , payIng - Ing par , accrued Interest and a premium of $12,857.10 for the same. At the time of making their bid the plaintiffs deposited a check of JO,000 as 11 evidence of good faith thnt they would take the bonds If the Issue waa found to bo legal. Now they seek to enjoin the city from appropriating the pro. cccds of the check for $ C,000 , they having refused to take the bonds. In presenting the case , the legal represen tatives of the city contended that the plain tiffs acted In bad faith and wcro not en titled to recover from the city the proceeds of the check. It waft also urged that ! n re fusing to take the bonds , the plaintiffs had violated the terms of the contract , entered Into at the time of making the bid'and that for this reason they had no equities In the During the afternoon ( he arguments were completed , after which Judge Fawcett stated that he would pass upon the case this morn ing. Iiinnrnnce Company Wlii Cave. Attorney Ralph Drcckenridgo has just re ceived the Information that the care of H R. Vandercar ogalnut the Aetna Llfo Acci dent Insurance company has been decided In favor of the defendant , the court of oppcata having reversed the findings of the Unltet States circuit court of thla district , wherein the plaintiff recovered a judgment fur $10- 000. . Vandtrcar , a couple or three years < igo carried au accident policy with the defendant company. Ono day by some method he gel his hand under the wheel of a fro'ght car am the member was so crushed and mutllatet tint It had to be amoutatcd at the wrist Ho sued the companysand the defense was made that the accident was due to the care lessncss of the plaintiff. The jury , however took another view of the case' ' and returnee a verdict against the company , whereupon an appeal was taken. WollNtfln'n Suit. Judge ? cott has passed upon the case o ThcoJoro Wo'.lstcln against the stockhold ers of the German Savings bank , which ha been on trial before him for several days Wollsteln was a depositor in the bank , hav ing placed a deposit there a few dajs befon It closed Its doors. He brought suit agalns the stockholders , contending that they wen liable for the amount of the deposit. Ho alleged that they knew the condition of thi bank and knew of Its Insolvent condition a the time when the cashier received hli money. In passing on the case , Judge Scot held that there were not sufficient grounds for maintaining a cause ot action and that the plaintiff had failed to prove his case. Tlinnie AKiilnxt Grnn. Tbe case of Herman Tlmme against Henry Grau Is on before a jury In Judge Keysor's court , where the plaintiff Is seeking to con vince tbe court and twelve men that a $5,000 chunk has been knocked out of hla reputation. In 1895 Timmo was running for the office ot justice of the peace out at Bcnnlngton , this county. During election day circulars were distributed about the polling place and on their face they made come serious charges against the hcnor and ' Integrity of the candidate. Tlmme bided his time 'and then * brought suit agalrat Grau , whom he alleges was the man who conceived the Idea of securing and dis tributing the campaign literature. \oten from the Court * . 'Having ' convinced the court that his wife deserted htm , Phnon Seldel has been granted a decree that divorces him from Arpha Seldel. Judge Scott has signed the decree In the " divorce case of Mabel Karr against Burton Karr. The plaintiff gets a divorce , her maiden name , Mabel Scott , $1,000 alimony to 'be paid at the rate of J25 per month and $1GO additional to pay her attorney , A new jury for the ensuing three weeks of the February term of the district court has been called In. An unusually largo number of men desired to be excused , most > of them saying that they had steady em ployment and could not afford to servo the county at the rate of $2 per day. Harney Hughes nai < secured a restraining order to prevent the city of South Omaha ' Is from laying 1,320 feet of sidewalk along his to property on Thlrt-slxth street , from T to br the city llmltii sou'.b. He alleges that the w sidewalk would accommodate but two per sons and 'iat It Is not a public necessity. Thomas . . . McCague , receiver of the German - . man Savings bank , has sued the county JC01 ' Douglas ! a an actlcn to recover the nutn 01of $1,570. Tbe * case Is an appeal from a dei i c' clslon of the Board of County Coramltalonif era , the members of which refused to refund to the money paid on certain tax cole ccrCi tlflcates. i pi The John Hancock ( Mutual Life Insurance , P company has commenced foreclosure pro- ? ccedlngs against Abner Heater. The prop- ( crty Involved IP the lots on the south side [ HH Farnam street , east of the Patteraon to block. During the pendency of the action Hi . C. Charlton will act as receiver to col lect the rente. The mortgage Is for $30,000. Frank B , Gee was placed en trial 00.In . crlmV.at court yesterday on the charge Inof i forgery. The trial foceedcd to the point I , calling the complaining witness , when It I ( was discovered that tbe party who drew the , i } ' Information bad named tbo wrong man aa I I id o complaining witness. This ended the case ci and aa order ot tllamUsal was catered and E I the prleoncr discharged. During the afterpi noon , however. Gee was rearresled on the harge ; of larceny of eomo books. EilwUi M. Downing sibling the Information aa com- ilalnlng wltntts. Gee will be given a hear- ng In the county court. ngT The ! jury In the case of the State Against 'rank : Hromadka , charged with criminal Ibe , has been unable to agree and has been llschargod. The ca o was tried last week nd submitted last Friday morning. After icing out since that tlmo , the twelve men fen called Into court , where they announced hat they could never agree upon the qucs- Ion of fact. WAXT THHI2S .lUI.Mi THU ItOAItS. 101 ill Entnti * KxfliHiiKO Milken 1'rotionU tlon to ( 'ouiiljCoiiinilNxInncri , The Heal Kjtnto exchange Is about to ark ho county commissioners to plant trees along ' the roads ind streets leading Into the city and the matter has been taken up with the discussion of what fort of trees they should recommend for thi ? purpose. Some of the members desired that elmp bo rccom- ncnded , others hard maples and still others cattonwood nnd soft maple , because of their > xtremely rapid growth. Cottonwoods grow n a few years to make a handsome shade mil If properly trimmed some of the mem- jer thought they would make the best pos sible tree that coulil be had for the purpose. Another plan Is to plant cottonwool ! nnd some hardwood tree alternately am ! cut out the eottonwood after the hardier tree has como to be of good size. On account of the cottonwood's quick growth and because of the fact that It required little attention and will grow In any cell and under adverse conditions It was favored by many of the members. However , there was such a va riety of opinion on the subject tliat It wca decided to merely recommend to the com- mlcsloners that the planting bo done and not to specify any certain kind of tree. FIXAI , I'ASSI.VU OF A 1IOOM TO\V.\ . Orilttny It'illwny Station ClONCil for liiiek of ItiiNliicxM. A U BROKEN , n. D. , March 21. ( Special. ! ! > c held In Aberdeen 'May ' 18 , 19 and 20. An Interesting program of exercises has be''ii prepared ( or < the occasion. The railway depot at Ordway , this county , lias been closed , owing to the Hunt busi ness done at that , point. Ordway In the l > oem days of Dakota territory was one of the most ambltlouH towns In the realm. When the capital commissioners weie whirled over the country by special trains and were feasted and feted like princes by the boomers of every town of any note that desired the capital Ordway was right In the trent of the procession. It la no pccrct now that this once proud queen of the prairie came within one vote of getting the capital Instead of Bismarck. Mayor McGlaughlln has appointed the fal lowing gentlemen to represent Aberdeen at the Business 'Men's ' convention , to be held at Sioux Falls In April : S. II. Jumper , H. C. Jcwctt , S. H. Cranmcr , C. Boyd Barrett , M. H. Kelly , A. C. WItte and 'M. ' T. De- Woody. KHEXCII UHAIUii : 'ASKS TOO MUCH. Purl of llln ChliifNc Clnlin * Are Itt- linillntoil nt 1'arfx. LONDON , March 21. The Chinese am- baesador visited the foreign office Saturday evening by special Invitation. It la sup posed that the French demands In China were the subject of discussion. There arc some doubts as to the extent of the demands. A dhpatch to the Cnl'.y Mill from Nagarakf , Japan , mentions a report that the Yang Toe valley ts Included , which tends to confirm , the , nortttepm I'ekln that France-has de manded that China shall mot cede any per tion of the province of Kwcl-Chau , this province being within ho valley. The Times has a dispatch from Pekln , however , which explains that the demandn apply only to three provinces , Kwcng Tung , Kwang SI and Yra Nan. Discussing the matter editorially , the Times suggests as an explanation of these discrepancies that M. Duball , Uio French charge d'affaires at Pekln , has demanded more than he was authorized to demand , and that M. Hanotaux In consequence nan d tea vowed him In the statement Issued yes terday , saying that there was no connection between the demands of the French govern ment In China and the Chinese loan. The Paris correspondent of the Times re ports passages of a conversation with a diplomatist in the course of which M. Hano taux , the French foreign minister , repudl ated the Idea that he desired to join any scheme for the disintegration of China. The correspondent represents M. Hano taux as saying that France had nothing to gain by taking Chinese territory ; that Ton- quln was enough ; that It did not desire to settle In the Yun Nan province or to seize southern China ; and that M. Duball had not been authorized to enter upon the Important negotiations attributed to him. COXFMCT IS IMMIXUCVT IX EGYPT. nnil DerrUIi Forced Ailvnnee Townril Each Other. KUNAR CAMP , Nubia-March 21. A battle Is Imminent "between " the Anglo-Egyptian column and tbe dervishes. The combined forces have started to advance up the Atbara to meet the enemy , who arc also advancing , but who , It Is believed , are not aware of the proximity of the British. Tr.o whole English force arrived at the Hudl fords after a splendid march of five I hours from Kunar , partly thorough a dust storm , but there Is no sign of tlio enemy. The Anglo-Egyptian army has formed a strong zcrcba for the nfght. All the fords on the Atbara are held by the cavalry and the camel corps. * Cflelirntlnir llmi'ii'ic Illrtliilnr. CHIUSTIANIA. March 21. The 70tb birthday - day of Henrlk Ibsen was celebrated today with gieat festivities. Numerous deputations , Including ono from the Storthing , congratu- lated Km poet and dramatist , and King Oncar telegraphed ; "I and the queen send you our cordial congratulations on your 70th birthday. A Your day of honor Is y.or likewise a day of liccior for the Norwegian people. " Ibsen received hundreds of othif telegraino during the day , FlKhtlnir IN EiHlcil. CALCUTTA , March 21. The fighting on the northwest frontier Is now regarded as ended. The rebels have given the seventy I P hostages demanded. I I The budget statement to be read to the legislative council tomorrow Is very favor able. It estimates ' that there will be a sur plus of 890,000 rupees for the coming year and It reviews twenty years of Indian finance ' , bo though without discussing currency policy. I I Illir .HtPiinirr U Dlmililril. HALIFAX , N. S. , March 20. Two big ocean steamers , one of them disabled and In tow of the other , are making for Halifax harbor from the east The disabled steamer the Osborne from Lon'on , It Is being towed by the tank steamer Dufilcld. They broke apart at the mouth of tbe harbor and will ! not get In until late. Survej Inir Cor i. Itiillroiul In Alimkii , SAN FUANCISCO , March 21-At a meet- ; Ins , ; of capitalist ! ) Interested In the construc tion of a railroad to the Yukon country , W. . Alberger pretented n .V.on ' report baseil upon recent explorations and from observation nn made during an exhaustive turvcylns trip Alsiska and , shoeing thnt n routeup fCcpper river us not only feasible , but practicable. It was decided to organize a party cf HUrveyor which nre to start at soon us weather comlltk.nB will permit , iiru'u. ably , by May 13. The program 1 to Htart for Orca and proceed up Copper river tory hfad , and thence ncro'H to the Yukon Its Junction with the American boundary line , ry Wire Trim I' Incorporate * . SPRING-FIELD , III. , March 21.-The Americnn Steel and Wire company WIH to- day granted Incorporation papers by the : secretary of state. The eompnny'H head- quartern l In Chicago , The capital mock J12OOO.COO , of Mhlch half It preferred stock , the other half common stock. The In- corporators are : John W. Gates , leaac L. Ellwood and Klbcrt 1L Gary. * FICIIT FOR THE WATER PLANT Litigation Over Its Possession Takes on a onsatioiinl lurm ANSW-R TO A VENNER SUIT IS FILID ' l.onti null Trnit ( "onipan.T \VIII llefem ! the Sale of the I'mperly to tin * Oinnliii tVnter Co in p The Farmers' Loon am ! Trust cmnpanr has filed nn answer In tbo suit limtltutcil by the New K'liKlnail Water Works com pany against the American Water Works romrany to secure a deficiency judgment of $242,71)5.53. ) Tlio suit la a continuation of one from the Cook county , Illinois , circuit court * Tlm judgment was secured there , but a a reason for having It cntoied In the court In this district it Is alleged thnt all ttie property In which the American Water Works ccin- pnny claims to ( mvo an Interest Is located here. This property conslstn of the water works plant located at Flwcnrv , and the American Water Works company' * Interest in It Is based on ( lie grounds that the fore closure proiocdlngA which culminated In tha eale of the plant to the Omaha Water com pany wc-rc In various WH > S Illegal. In the anarrjr tlu > Farmers' Loan tun ! Trust company , whlcfi held the mortgages which weep foreclosed , directly ( dargra that the Cook county judgment was secured through fraud. The Judgment was secured on two notes of $101,520.25 each , ami several others of smaller amount , all made pnjablo to C. H. Veniu-r & Co. and transferred later to the New England Water Works com- Ix'.ny by Vernier. It Is alleged that thews notes wcro nil manufactured , a Knowing being made that a full accounting had been had between the Ainu-lean Water Works company atnl C. H. Vernier & Co. Ion * before the date on whl.Ci they are alleged to have been made. II Is also { ( Mi-Red that the Judgment wa > i secured through fraud. It Is said that a pretended appeniance In court of the American Water Works company was filed by an attorney who was not employed by the company , that a jury was waived by him and that the cute was submitted to the > court and wes decided without the water norkn company's being really notified to make a defense. Tlie wdole proceeding * Is dcsctlbcd as a fraudulent scheme to estab lish false < slalm > i ag > iln t the company ami to cloud too title of the Omnlui Water com- rany to the property It purchased. The lean and trust company enters a denial to all the allegations that the fore closure proceedlnt'3 were In any way Illegal , and alleges that tne Omaha Water cctnpany Is now the rightful owner of the property. It also claims that whatever moncvn now remain In ttio hands of tcr-ln-Cliamery : Duinly , who conducted the sale , out of the proceeds , and any moneys that arc In ttio hands of Receivers Blerbowcr and Hunt be long to the Omaha comrany and cannot bo louche 1 to eatlsfy the prci.'tided Judgment. The New England Water Works com rany alleges that moneys still remained I'U ' these officiate' land.s : and wanted It ap plied on the Judgment. \VAXT DOUGLAS IX OKLAHOMA. Colored linn Held 1 > > - tlie I'ollee 'Jc tlie Terrltorlnl Antliorltlex. Sam Douglas , n negro , IB a prisoner at the city jail and the authorities are hold ing him as a fugitive from justice for tl.e authorities at Kingfisher , Okla. , where ho Is wanted as an accomplice In a murder. He has lived In Omaha about three months , coming here from Kingfisher , and * has hli homo at the corner'of Charles street and Military avenue. Douglas Is a pensioner ot the war. Ho will be held until an officer arrives with requisition papers to take htm back. In August , 1891 , J. W. Wright and George- Curtis , negroes , quarreled In a saloon In Kingfisher and during the altercation Wright , killed Curtis. During the following March ho was convicted of the crime and sentenced to the penitentiary for life. At this trial Douglas claims that he was a witness for the prosecution and that he testified to the- fact that after the murder Wright made a partial confession to him. The case was. carried to the supreme court and remanded , for another trial. Douglas sajs that his ar rest Is only a scheme to get him back to Kingfisher as a witness In the second trial , although the letter which Chief Gallagher receive ! from the sheriff at that place , ask ing for the arrest of Douglas , states that ho was an accomplice ot Wright's In the killing. ASKS FOIt . HAIL FOR STEWAHT. Attorney Kllkeiiney Wilutx the Court to Itcleime n I'rlxouer. Application was made to Police Judge Cor don this morning by Attorney Kllkenncjr for the release of Charles Stewart , Sperry , from tbe city jail , on bonds. The Information and warrant In the case against Stewart at Norwalk , Coua , , rcatdcd the county attorney Sunday , and the prlaoer Is charged with forgery. He is accused hereof of being a fugitive from justice and the Infoi matlon In this case , on which the pollco depend to hold the rclfoncr until an officer ran arrive to take Stewart back to Norwalk for trial , has been filed. When Mr. Kllkenncy acked that his client be liberated on ball he stated that Stewart had been In tbe city jail since last Tuesday without anything In tbe nature of a court charge against him. The pvlmncr waa able to give bond * and for thu reason ho was entitled to a speedy hearing on the appllca- ' tlcn. tlcn.Tho The argument was cont'i tied until today. man Is here with requisition papers from the Ohio penitentiary at Columbus and If no ono arrives before today to take Stewart back to Cornectlcut be will be turned over to tbe Ohio officer. > lorfillt > - .stiitlxlli-M. The following births and deaths were re- ported at the health office during the twenty- four hours ending at ncrm ycatcrday : Births Albert Brobers , Nineteenth an * Izard streetrf , boy ; Charles Anderson , 11)01 ) 1'prlnj ; , girl ; U , 0. Graham , 2553 Spauldlng , boy ; C. Soronssn , Forty-fourth and Grant , boy ; August Berlins , 2014 Martha , boy , Deaths i Gertrude Eugenic Haslam , 1. 2407 North Twentieth , membranous croup , Forest Lawn ; Mary Ball , 53 , ( Eighth and Arbor , nephritis. "Bohemian " National cemetery ; Mathilda Frederlka OravcRen , 30 , 1040 South Twer.ty-thlnl , spinal meningitis , Sprlngwcll ; Mary A. Thomas , 40 , 2019 Blnncy , Prospect Tnken to ( iooil hliejilK ril Homo. Mary IIo'itcln , an Incorrigible Herman Klrl , was tume , ! over to her father by the polled matron , IAIIO took ht-r to South Omiiha nnd placed her In the Home of the Oo-il Shepherd. Thin Klrl mi iiway fr.m her home near MliHlen , Nob. , n limit u month ngo anil came to Omaha. HMe entered a IIOUHO of Ill-repu'c , ulierc the nollei- found her ami took her In charge. Holntlvfs In the city heard of htr arrest and wcuroil her reli'ano upon her prdml ! nK to go with them and live better. She rnn away frcm her bpnefattorn ! , however , and returned to her < -ld axsoclatrs. Thit palluo arretitcd her again nnil notified her father , who IB a farmer. Ho caine to Oinaliu ut once , ami hln Intention In to keen her ! n retreit until > ha lirroiiif.s of IIKC. Thts girl nfiiHiil tq llvu with her parentH. Concert lit Comity llovpltul , The patients nnd InmntCH of fie county- hospital were treated to u charming musical program Sunday i < ftcrnon , the following kindly iiRHlstlnK ; Pinna nolo , Mr . Merger ; vocal xo'o , MIm Croft ; zither aolo , I'rof , Mulltr. violin cole , Mauler Deans ; vocal Holo. Mlfn Morses ; violin Hole , Fred Psyches Itiiwcllffe : zlfier nolo , Prof , Muller ; recitation , UUy lthcr , l > tot. Mull r.