Nebraska Newspapers

    of the preftrred Block, that on January 1,
1002, they would rotlro such preferred mock.
The bill allcRcs further that slnco,lts re
organization tho Northern l'aclflc Railway
company, hns conducted a successful and
profitable business and has paid 4 per cent
on Its preferred slock and Is now paying 4
per on tho common, out of tho earnings
nfter paying the fixed charges und the
operating expenses! that there Is n fund of
about ROOQ.OOO set nsldc to Becuro pay
ments of dividends on preferred stocks and
between $2,000,000 and $3,000,000 of a'gen
oral surplus; It has now on hand exceeding
3,000,000 derived from tho earnings of the
road, whcrowlth to pay tho $75,000,000 of
preferred stock at par, but that In order
to retire such perfcrred stock the directors
of the company nro threatening to issue
and sell certificates of Indebtedness of de
benture bonds, amounting to J75.O0O.O00 of
tho Northern l'aclflc Hallway company, and
out of tho proceeds pay off tho stockholders
of the preferred stocks nt par, January 1,
1002.
.ollec of Retirement.
It Is alleged thnt the Northern Pacific
Hallway company 1ms caused to bo sent to
each of Its preferred stockholders a notice
that It would retire ;tho wholo of the pre
ferred stock ui par, on January 1, 1902, and
that tho transfer bookH of tho company
wore closed Tuesday, December 10, 1001, nt
3 o'clock, for tho ratlremcnt of the pre
ferred stock aforesaid.
Tho plaintiff says ho has been unablo to
obtain a copy of tho resolutions of tho
board of dlroetorn as to tho' Issue nnd sale
of the certificates (of Indebtedness or do
bcntilro bonds, but tho genurnl offect of tho
resolution, he alleges, In set forth In a cir
cular Issued by tho -Northern Pacific rail
way to tho stockholders, a copy of which
circular Is made a part of the bill.
It Is alleged In the bill that no meeting
of tho shareholders of tho defendant com
pany has been called to mak,o tho lssuo of
tho certificates of Indebtedness or doben
turo bonds; that tho board of directors Is
without power to Ibsuo such call; thnt nt
tho tlmo of tho lssuo of tho certificates of
stock, to the common stockholders when the
company reorganized In 1S98 and by tho
reorganization Tigrcemont provided "that
tho company shall not put a mortgage on
Its property embraced In tho property In
tho Northern Pacific system, nor shall tho
amount of tho preferred stock bo Increased
excepl nfter obtaining In each Instance tho
consent of the majority of holders of the
whole amount of tho preferred ntock and
tho consent of tho holders of tho majority
of common ntock, to bo voted separately;
that the plaintiff la unablo to ascertain
whother certificates nro to bo socurod bv
a mortgage on tho property of tho Northern
Paolflp company or not, but whether secured
by mortgage or not It constituted an tndebt
neas duo and payablo not later than 1907.
with Interest at 4 per ;ont, whothor the
company has any famines or not out of
whlohito pay It, and nn Indebtedness upon
which Judgment can bo obtained, tho prop
erty of ,tho company sold, tho rights of the
common 'stockholders foreclosed nnd that
If the common stockholders or a portion of
them tako advantngo of' tho option offered
them to tuko common, stock for tholr cer
tificates of Indebtedness, tho common stock
Is greatly Increased without the voto of tho
stockholders of. thq. jconipany and without
the nuthorlty o( the. law; of the stnto whSro
It was Iucorpprp.tO(.. f
Not (i Men on" Properly.
Tho petition alleges that It was proposod
In this way to aubstltuto for tho presont
preferred stock, which In no way. consti
tutes a lion upon tho property of tho North
ern Pacldo company and Is not a chargo
against tho earnings ot tho company and
has no prior right over tho common stock
except In priority of dividends, a converti
ble ncsstlablo security or debenturo bond,
bearing Interest at tho rate of 4 per cent
por jfncunr; which' said pmount of 4 per
cent per annum is a fixed charge against
tho earnings of the company and Its prop
erty jnnd must bo paid whether tho earn
ings for any' year nmount to 4 por cent upon
laid ksue of convertible certificates ot In
debtedness of debenturo bonds or not, and
Under which, If'default Is mndo In 'the pay
Inont.of said Interest or uny payment of tho
principal when due In 1907 or nt any tlmo
prior thereto under tho provision of said
certificates of Indebtedness or debenture'
bomU.'tho ont'ro property of the Northern
I'aclOq Railway company may bo told to
satisfy 'tho Judgment or judgments which
may tyo, obtained thereunder nnd nil cqult'ias
nnd rights of the common stockholders ex
tinguished. Scheme I'nivoliin Mtlicnllon.
Tho bill sets forth that tho schemo has
nlroady provoked litigation, which Is now
pending, and plaintiff swonrn that by rea
, son ot public criticism other serious liti
gation will bo instituted unless tho do
fondnrtt' railway company bo restrained
from carrying .out. Its Illegal scheme and
design, and In this connection It la allegsd
that propcodlng3 nro about to be Instituted
ngalnst' tho 'Northern Securities company,
tho Northern Pacific Hallway company, tho
(Ireat Northern Hallway company and tho
Chlcagp,,.HurlnKton & Qulncy Hallway com
pan'y by eomo ono or moro ot tho stntos
through which tho rouda pass, to provent
tho 'consolidation In tho mnunor alleged
In 'Jt'ho bill, nnd that tho actlou ot these
companies will Invito and urouso hostllo
nnd'; punitive legislation by all states
thrqugh which the roads pass, anil that In
thoicase tho railway rompany should carry
nut j'mhI accomplish the plans and Hchcmes
mentioned It will bo subject to huvo Its
charter rights forfeited. ,
Too bill rccltoa tho provision for tho con
stitution of the stnto of Montana prohib
iting tho consolidation of competing and
parallel 'lines of railway, nnd also tho laws
of the state of Washington prohibiting the
comulldatlnu of parallel and competing
HnCB. and nlleecs that the Northern l'a
c tilt; and Great Northern Hallway compa
nion are parallel nnd competing lines,
f ! Purpose nf C'tiiuiinii-,
It Is particularly alleged In tho bill of
complaint that tho Northern Securities
company Is a railroad corporation nnd was
organized for tho express nnd solo purposo
of amltlng under Its mnuagctnent nnd con
trm tho defondant, the Northern Pacific
Hallway company, tho Orcat Northern Hall
way company, tho Chicago, Ilurlln'gtnn &
, Qtijncy Railroad company nnd the systems
of railways controlled and operated by
each of thesa railway companies, respoe
tlvejy, nnd for no other purpose, nnd that
tho Northorn. securities company was or
aanlzed for tho purpose of owning, holding
Vnd contro'Ulns all threo of tho corpora
tions mentioned In tho bill nnd their vari
ous systems of railway, so that all competl
tlon between thcBO companies may bo stifled
and provented, nnd that unjust and In
cqultablo exorbitant rates for both freight
nnd passenger traffic may .bo obtained "by
Ihem.
Tho bill further nets forth that It Is tho
Humors
- ' i
' Ibqr take t-ns$ortdo:i of th bqdy, am
tut Lords of .Misrule.
thoy are attended by pimples, bolls, tin
Itching tetter, salt rheum, and other eti
taneotu eruptions: by fecllnM of vfeakne
Iaoiaof,'twral nubility and What not.
They cause more suffering than anythlr
'lie. ' '
Health, Strength. Pence and FleMrcr
require their expulsion, and this is po,.
ttvely effected, according to thousands o
grateful, teifiBionlali, by
Nooii'm Sarmmpmrilh
which radically and permanently drive
Ueaa oat aid bnildi up tin whole ytua.
design nnd purpose of tho Northern Pa
clflo Railway company, the Great Northern
Hallway company and the Chicago, Ilur
llngton & Qulncy Hnllrnad rompnny to con
solidate and merge In the Northern Securi
ties company, tho complete nnd exclusive
control of each nnd all of these railway
systems and that the proposed attempted
retirement of tho preferred stock of the
Northern Pacific Hallway company Is solely
for the purposo of enabling the Northern
Pacific company to turn over to tho North
ern Securities company 'n majority of the
stock of tho Northern Pacific Hallway com
pany; that tho proposed and attempted
creation of nn Indebtedness of $73,000,000
on tho part of the Northern Pacific Hallway
company Is sololj- for tho purpose of pay
ing off and retiring tho preferred stock, to
tho end that n majority of tho common
stock may bo so turned over to the North
ern Securities company.
It Is alleged thnt In case the Northern
Pacific company proposes to and does carry
out tho plans anil schemo nllcged In the
complaint that the plaintiff will be Irre
parably damaged and that ho had ho rem
edy nt law for his damage or Injury or any
part of It. either against the company or
tho officers thereof.
The bill then prays for tho writ of In
junction as Issued by Judge Elliott.'
Applies to All Ofllccro,
Tho order IbsuciI recites tho application
nnd continues:
Now, therefore, you, the said Northern
Pnclllc Hallway company, defendants, your
officers, directors, attorneys, agents and
servant, nro hereby wimmnndcd nnd en
Joined to forthwith refrain nnd abstain
from Issuing or selling nny certificate of
Indebtedness or debenture bonds or other
evidence or evidences of Indebtedness or
from creating ntiy Indebtedness or liability
either direct or contingent of nny descrip
tion for the purpose of raising mouoy with
which to pay or retire the preferred stock
of your snld company or nny part thereof
or from using uny moneys or proceeds
other than the ordinary surplus net earn
ings of tho rompnny to tho payment und
retirement of the preferred stock of your
Hiilit company or nny part thereof, nnd,
still further, from creating nny Indebted
ness u m! liability for the operating ex
penses of your Bitld railroad system and
the Indebtedness nnd liability now existing
with n preference or taking precedence
over tho common stock of your snld corn
puny, nnd, still further, from placing your
property or nny part thereof or the man
ngement of your railway system or any
part thereof In tho possession or under the
control, either directly or Indirectly, of the
Northern Securities company or Its officers,
agents or servnnts or from entering Into
any ngreemedt or arrangements, either
directly or Indirectly, through the medium
r tne .Nortnern securities company, or
therwlso with this (Trent Northern Ilnll-
wav comnanv und the Chicago. Ilurllngton
& Qulncy Hallway company, or. either of
them, their stockholders, directors, olllcers
or agents, for the purpose of causing the
runway system owned una controlled oy
,'ou to be opcrnieu or controlled tinner
ho same rules or by the. sliino authority
as tho said Orcat Northern Hallway com-
Siny and the Chicago, lliirllngton &
ulncy Hallway company, or either of
lem, nnd from entering Into nny agree
ment with the snld companies, or. either
ot them, thcli stockholders, directors, of-
ncers, ujtents, servants -or nitorneys ior
the purpose of nvoldlng competition nnd
fixing or rates for tho cnrrlago' of freight
and passengers. And this Injunction you
will observe nnd keep under tho'' penalty of
the law.
nn. . i. it.. t . l ... -1 n r til,..
linen lliu llliliuiiiuiu inuiit-n i. liiiuu.
Judge of tho district court nforosnld, at
Minneapolis, Minn., this 30th duy of De
cember, A. D. 1901.
Inline nan Clioelc Ilrnivn.
NEW YORK, Dec, 30. Tho World will
say tomorrow; a cucck ior 3,uuu,uiu.
drawn, It Is said, to the order of' tho North
ern Pacific company tyy J. P. Morgan, wnH
delivered yesterday. It rcpresontnted part
of ,tho, subscriptions q .the Northern Pacific
convertible bp.nds. This check will bo de
posited by tho Northorn Pacific Itniiwaj
company with the fund of $75,000,000 which
was to be used Thursday to retire the pro-
ferrcd stock of tho company.
RAISES TRAINMEN'S" WAGES
llnltlniore Jk Ohio Mnkcs uluiitnry
' IncrcnKe Ilroiiusp of Addl
tloiuil "Work.
nALTJMOHR, Doc. 30. Official announce
ment was mado today nt the general offices
of tho Ilaltlmore & Ohio railroad of an ln-
crcaso In the wages of trainmen and switch
men on that road. Tho lncreaso will aver
ago about 8 por cent, nnd was made with
out n request from tho employes, tho In
creased duticB convincing tho management
that their wages should bo raised.
Tho Important lncrdaso Is In tho compen
nation of firemen. The present rate on the
consolidation Is 2.15 3-5, and the new 2.7
cents a mile. On other construction en
glues and three-wheel onglnes (ho rnto will
bo 2.15, as against 2.75.
Rear brakeracn havo been dcslgnnted
"flagmen" nnd wilt bo pnld 10 ccuts per
day moro than other brakemon. A largo
number of yard engineers, llremen, conduc
tors nnd brnkemen recelvo Increases of
several conts por hour, ln.aooprdanco with
local conditions. ...
HILL IS SCHEDULED TO TALK
llellef thnt lie Will Outline Some or
III IMniiM for Ilnllroitil
Propertied,
ST. PAUL, Dec', 30.-rA special from
Kargo, N. D., says: President J. J. Hill ot
tho Great Northern Is to in alio an, address
January 8 to the Trl-Stnto Grain Growers
ami stocKiuon s convention nore, ami it u
anticipated that ho may make somo remarks
on tho "morgor" that will bo of Jntorest
to tho general public. Ho ts expected to
make some official declarations of' lift In
tentions and tho futuro plans ot tho roads
In tho northwest. .
llrvlvn Old (HIIccn,
DENVKH, Colo., Doc. 30. Tho. oftlccs of
general passenger nnd general freight agont,
on tho Colorado Midland railway, the duties
of which have been performed by Tralllc
Manager II. C. Uimch during tho last year,
will bo re-established on January 1. Assistant
Gonornl Passenger Agent Spcers and As
sistant General Freight Agent V. D. Hun
ter, being promoted to bo at tho head of
their respectlvo departments.
.Venn Agent! ut Go,
TACOMA, Wash., Deo. 30. Alt nows
ngonts on tho trains of tho Northorn Pa
cific aro to be discontinued after January
1. Dally papers will be kept In tho dining
cars and supplied by onoof tho waiters.
nieN Cured Without the KaUe.
Itching, blind, bleeding or protruding
piles. Nc cure, no pay- AH druggists are
authorized by the manufacturers ot Pazo
Ointment to refund money whoro It falls
to cure any caso of piles, no matter ot how
tang standing. Cures ordinary cases In six
f sysj tho worst cases In fourteen days. One
'ippllcatlon gives ease tad rest. Reltoves
.tcbtng Instantly. This Is a new discovery
ind Is tho only pile remedy sold on a posi
tive guarantee, no cure no pay. Price GOo.
It your druggist don't keep It In stock send
us fOc In stamps and we will forward samo
by mall. Manufactured by Paris' Medicine
Co., 6t. LouU, Mo., who also manufacture
the celebrated cold cure, Laxative) Bromo
Quinine Tablets.
Chief, of Manila Flrenien.
WASHINGTON, Dec. 30.r-Hugh Bonner of
New York dbb accepted' the tender of an
appolnfjment' as chief 'of tho flro depart
ment Ot Manila. It Is purposed to organize
the Manila fire fighting eorytce , onN modern
American linos, -
To Cine cold itt iue nay.
take Laxatlvo llromo Quinine Tablets, AH
'druggists refund tho money If tt falls to
cure. E. W. Grove's signature la on eacb
bos. 2So.
THE OMAHA DAIL
VAN SANT OUTLINES PLAN
MinBeuU QoTimor Saji Meremont ii Not
faud on Histilitj.
BELIEVES MERGER A VIOLATION OF LAW
(Intermit- While of .North Dnkoiit lie.
dine to Attend ( niiferenee, Ih
lirexliiK lll Dltnniirin ill
of tho l'nrpoKe.
HELENA, Mont., Dec. 30. No action was
taken today at tho meeting of tho governors
and attorneys-general of the , Northwest
states called to consider plans for opposing
tho proposed consolidation ot tho Northern
Pacific, Great Northern and Hurllngton rail
way systems. From the discussion at these
meetings, however, It Is considered prob
able that tho plan of Governor Van Saut
of Minnesota will bo Indorsed by the ex
ecutives of other states who were present
and that tho fight against the railroad
consolidation will be carried to a finish.
Whai this plan is Governor Van Sant re
fused to stnto until the mooting tomorrow
morning shall havo taken action.
The meetings were held In Governor
Toolo's prlvnto ofllre, and behind closed
doors. There were present besides Gover
nor Toolo nnd Attorney General Donavan
of Montana, Governor V'nn Sant and At
torney General Douglas of Minnesota, Gov
ernor Herrlcd and Attorney General Pylo of
South Dakota, Governor Hunt and Attorney
Oenerttl Martin of Idaho nnd Attorney Gen
eral Stratton of Washington, Governor Mc-
Hrldo of that state, not being able to be
present on nccount of the death ot Gover
nor Hogers. Governor White of North Da
kota 'was ntso expected to attend tho con
ference, and in fact had telegraphed Gov
ernor Van Sant thnt he would be present.
In a later tolegram, however, ho stnted that
Is was Impossible for him to attend tho
meetings.
nn Sunt I'rt'NlilPN,
Tho meeting was organized by tho elec
tion of Governor Van Sant as chairman, and
Attorney General Martin of Idaho fts sec
retary. After reading Governor White's
communication, stating thnt ho would not
bo present, Governor Van Sant mndo a brief
speech In regnrd to tho objects of tho meet
Ing, giving a brief history of tho proposed
railway combination ami tho effect ho be
lieved It would havo on the stateB affected.
"The state of Minnesota," said tho gov
ernor, "has had on its statute books for
moro than twcnty-flvo yenrs laws prohtb
Itlng tho consolidation In any way of paral
lel and competing lines ot railway. It has
been tbo settled policy of our stnto to main
toln a free, open and unrestricted compe
tltlon In freight and passenger rates. The
Great Northern nnd Northorn Paclllc mil-
way companies operate parallel and com
potlug lines of railway within tho state
They arc practically tho only roads which
furnish any transportation tacllltlco to tho
northern half of tho state, with tho execu
tion of tlici. two known as the 'Iron Ore
roads.'
Ilcvlcwn the lllntor)-.
"It has been recently announced that Mr.
Hill nnd his assistants have obtained tho
control of the Northern Pacific Hallway
compnny and Intend to operate tho samo
Jointly with the Great Northern and In ef
feet bring about a consolidation by remov
ing all competition nnd nil 'rivalry be
tween theso roads. To this end the North
ern Securities company waa organized In
New Jersey to acqulro a controlling
amount ot the stock of tho Great Northern
nnd Northern Pacific railroad companies In
exchange for Its own stodk and It Is through
tho compnny that the unity of management
and control Is to bo effected.
As soon, ns this fact became known to me.
I felt It my duty ns governor to do overv
thing In my ofllctnl power to opposo tho
consolidation or amalgamation of theso
properties within the state of Minnesota.
If thrro is such n consolidation content
plated and that fact seems to bo practi
cally conceded, It Is an open violation of tho
law as well ns against the declared public
policy of tho state of Minnesota, nnd I feel
that I should bo negligent of duties If I
remained quiescent under such circum
stances.
v Other fttnlrn Intermtcil.
"I havo been Informed thnt tho states
which you gentlemen represent ns govern
ors and attorneys general havo statute laws
similar to thoso of the state of Minnesota,
and that this was a question In which our
state was not alone Interested. Acting
upon this be let I took tho Ubcrtv of ask
Ing for this conference of governors and
attorneys general of tho various states
through which theso two. roads pass, be
Having that all such states wero equally
Interested In maintaining tho principal
herctoforo asserted in tho stnto of Minne
sota and reasserted hero In Its objection to
this consolidation. I folt that the Interests
were so vast and at the same tlmo similar
to thoso of our own stnto that tho states
of which you gentlemen nro tho official
hcadB should bo consulted, and If possible
such metnods ot procedure Adopted ns
would bo uniform.
"Tho people of tho strtto of Minnesota
feeling certain that competition has been
the chief factor In her development and
equally certain that Its destruction would
result In the greatust loss to both producer
and consumor, has determined to opposo
this consolidation.
No Spirit of HoNtllit)-.
"This determination Is not entered into
with any spirit of hostility towards rail
roads. Our statu has dealt liberally with
them, nnd has deeded to tho various rail
roads operating within tho stato moro
than 10,500,000 acres of land, or moro land
than Is under cultivation by the people of
MInnosota, and by tho state and national
government at Washington somo 20,000,000
acres, being doublo tho cultivated
acreage In tlui hands of tho agricultural
population. In view of this. and other priv
ileges granted by the stnto It Is but just to
sny that railway companies owo reciprocal
duties to the public, Including cheerful
ocbdlenco to our laws, I should bo pleased
to hear from each ot you gontlomeu on tho
subjoct and some genernl expression as to
tho policy which tho poople of tho north
west, through you, their representative?
hnltevo to bo best for tho-publlc welfare.
y"I wish the Associated Press would etate
for me" said tho governor, "that I will
knot make any statement on this matter
until the conclusion of tho conference. I
have received a Bcoro ot telegrams asking
for statementu In regard to my proposed
action, but until this conference Is over
1 will not talk."
Tho visiting governors and attorney gen
erate were given a dinner this evening at
the rreldonco of Governor Toolo and later
woro guests ot tho Montana club.
White Will Not Attend.
DI8MAHCK, N, D Dec. 30. Governor
Whtto nf North Dakota will not attend
tho conference of governors at Helena for
tho reason, ho saye, that Instead of being
a conteronco to discuss tho matter ot tho
railroad merger, with it view to ascertain
Ing tho facts In the case nnd whether any
state laws nro being violated, It has come
to bo heralded abroad as a meeting In open
hostility to railroad Interests, with adjuncts
of extra sessions nnd other things, before
the matter has been dlscueed nt all. The
following statemont of Governor White's
position was authorized this afternoon:
So tar aa the poople of North Dakota
are concerned, there has been no demand
TUESDAY, D
on the iT.i'tnor from any source to
mix
i mis mAttor,
The tiroDle of North Dakota nro not so
much alarmed over the proposition ns to
III. lillmlnil In Mm fnot thnt romirdle!) Of
ownership, so fa,r us rates and regulntlon
oi ruiirniuin lire rnneerneu, itir) iu ii"
rurrender nny power nf present possessed.
Whenever the railroads oppress our people
wo will find u remedy Thus for we have
hot been Injured by the so-dulled merger
nnd It l heat to nwhtt developments.
Amusements
The Mr-rebuilt of Veiilec"
A comedy In five nets, by William Shnkes
peare. Produced tit lloyd's theater Monday
night by Sir Henry Irving, Ktlen Terry
nnd the London Lyceum company.
'PHK r? A ST.
Shylock Henry Irv'ng
na.isanio Arthur itoysmn
nuko of Venice..,, u. i tudu
intonio, t .iiuurenre itviiik
Prince nf Mnrnreo James S. Ileum
Salnnlo .' W. Hi b,
Halnrino.i Lionel Helmore
Clrittlano ., V. Tyii'a
Ixireiizo W. li. Asncrott
Tubal ; Murk I'uton
I.iuitireliit (Inhh.i. ,. .C. Dodsvvorth
Old (lobbo T. Heynolds
Gaoler W. Graham
eomtrdo c...i,
II. H. Cook
W. Marlon
......... W. Ablett
K. Dtvisfl
..Mabel Hackney
Mnild .Milton
Kllen Terry
Itulthaear.
Stephano
Clerk of the. court......
Jessica ;
iverissa .....
Portia ,
Whatever Shp'kesfeard's nature may havo
been and It Is only charitable to think he
was Influenced by the prejudices of his day
nnd sought to curry favor by catering to
n pop'ulnr passion It Is certain he drew a
most unlovely caricature when he gave the
world Shylock. Thaptho portraiture Is a car
icature all Shakespearean students admit,
and some oven go so far as to apologize for
the master. Yet withal It Is a character
of such marvelous possibilities that tho
best actors since tho day of Its creation
have found lu 1t ampin scopo for all their
capabilities, and no two In modem times
havo given us tho same conception of tho
part. Sir Henry Irving Is very faithful to
tho character ns It appears In tho lines of
the written play. His Interpretation is
based on the fundamental nnturo of n man
the current of Nvhoso life has been turned
awry by unkind fat, and who seeks through
vengeance to obtain solace for wrongs put
upon him. Not one Jot doos Sir Henry
abate of the vlndlctlvonrss thnj. has given
the name of Shylock ItB modorn significance
nnd nt no time docs ho In nny wny lesson
the truculenco of the spirit that seeks re
venge on n wtyole race of men through ono.
His grief over fho elopement of his daugh
ter In pitiful! tho breaking heart strings
nro heard In tho sob with which he tells of
the turquolfto ring ho had of Leah "when 1
was n bnchclof. I would not hnvoglvcn
It for a wilderness of 'monkeys." In tho
court scene life has forgotten his dignity,
his grief, his' business everything but his
desire for vengeance. "Until." ho snys to
Gratlano, "you can rail the seals oft my
bdnd, tl.ou but offendest thy lungs." His
hatred of tho' merchant, grown so fierce
slnco Lorenzo struck tho blow at his
hearthstone, Minis, In all bis acting until
that tlmo when Portia, tho fair pettifogger,
calls his attention to the fact that his
bond Is fatally weak In ono particular. Then
ho awakes. His dream has passed. Knife
and scales fall from his nerveless hands,
whllo In his' ears ring- tho words of the
Judge who pronounces on him his doomi
In thnt final scene Sir Hehfy gives a sub'
llmo plcturo of a man stricken In his most
vital point, his home wrecked, his worldly
goods tnken from him, his vengeance
balked and his llfo' forfeit, but offered
back to him on tho condition that ho ac
cept In outwnrd form, nt ledst, tho religion
of thoBO ho ihost detests. It Is a picture
which easily ehllsts tho sympathy of nil
beholders: and fey enn csedpt- a pang' of re
grot at the thouhl that tho lines compel
tho broken old man, when ho hears re
hearsed tho distasteful terms on which life
Is offered "him, to answer: "I am content."
Even Shylock In real life could hardly havo
dono that. Sir Henry gives us Shakespeare's
Shylock, and yet ho undoes Shakcspcaro'n
lesson, nnd by tlfo very force of Tils art
gains the compassion of most for him tho
dramatist sought to pillory.
Miss Terry Is delightful as Tortla. She
has tho wlnsomeness of the girl tempored
but little by tho dignity ot tho matron.
In the caskot scene sho has llttlo to do but
look charming; In tho court scene sho
dominates with tho cheerful assurance that
has marked Portia as tho attorney's model
of what a pettifogger should be, and ladles
out decisions, Just or unjUBt, legal or oth
erwlso, with tho abandon characteristic of
her sex. Her womanly Intuition rather than
hor learning In tho law led to tho un
doing of tho plaintiff In the case of Shy
lock against Antonio. It Is when she nnd
Ncrlasa put Hassanta and Orntlana on tho
gridiron that hor rogulsbuess finds-its full
est swing. Thnt last act of the drama Is a
most effective antl-cllmax, and Mies Terry
and her associates make the most of It.
Of the company It is sufficient to say rta
members are all worthy of tho high prlvllego
they enjoy of being numbered ninong the
supporters of principals so eminent. All who
lovo tho English Jnngungo In Its purity nnd
find delight In Its propor uso and chasto
enunciation wero greatly entertained last
night by the company which assists Sir
Henry Irving nnd Miss Torry. Two other
things contribute to this enjoyment tho
fidelity of tho actors to tho lines ot tho
playwright and tho artistic environment of
sconery with vvhlcu tho pictures wero sur
rounded.
Tho performance did not prove tho social
event that dtd tho appearance hero two
seasons ago of theso distinguished stars
Tho audlenco was mado up mainly ot
Shakospcareon students and thoso who on
Joy seeing perfect protrayal ot the highest
type of dramatic art. This fact wad at
tested by the spontaneous enthusiasm and
applause accorded each of the Important
scenes. Following tho trial scone" of tho
fourth act both Irving and. Terry wero
forced to respond to repeated encores,
Sir Henry finally tired of bowing his ap
preclatlon ot the demonstration, stepped to
the footlights and thanked them by word ot
mouth. In part ho said;
"It Is my pleasure to onco again have the
opportunity of thanking you for your gen
erous appreciation of our efforts. It brings
to mind a simitar wolcomp whch It was
our pleasuro to enjoy In your city two
years ago, and I sincerely hone that wo
Bhall all havo tho pleasuro of meeting again
not only during our present stay In the city,
but at a futuro time. Again, In behalf ot
Miss Terry, my company and myiolt I
wish tp thank you and beg to romaln al
ways your loyal and truly humble servant.'
The, boxes wero occupied as follows;
Box A Ex-Govcrnor and Mrs. Boyd, Jay
and Miss Dnvd.
Box H B. H, Barrows. J. C. Thomas nnd
Miss Thomas, Mr. and Mrs. Cadet Taylor.
Box C Mr. and Mrs.Mandleburg, Rabbi
and Mrs, Simon.
Box V C. A. Bolter. Thomas Arthur and
li. s. Harrison ot iogun. la.
Box I-Mr. nnd Mrw W. J. Burgess. Mr.
ana airs, usenr vviiuoms.
Uox HL. E. nnd Mrs. Williams. Mn
C. H. DeWltt. Herman DeWitt and I,ucilo
Anqerson 01 uicnwoou, in.
Box N George II. and Mrs. Thummel
Judco nnd Mrs.- T. K. Gaffy of Pierre. H. n
Box M Mr. P. E. Her, Misses Edith nnd
uesHio tier.
Peru Invltlnrc 'trouble.
NEW YORK, Dec. 30. Tho Ecuadoroan
goyornroent has ascertained thaC Peruvian
parties havo occupied certain regions In
tile easterly part of Ecuador, says the
Guayaquil (Ecuador) correspondent of the
Herald. It will protest energetically
against the occupations.
.
EC E3f HE'jtUfl 1 , 3 901.
OMAHA OUSTER OF ACTION
Fraik laid! Ud to Hold Aertci Aiso-
oinU Fraicblit.
HICKEY GIVES 1 'T LETTERS F ROURKt
GrnntliiK of the Franchise to this
I'll)' Hcmirdrd I) Nome lis l)ec
Inrntlon of Wnr Club
Give Hunters.
KANSAS CITY, Dec. 30. Representatives
of the eight cities' which are to comprise
tho circuit of tho now bnso ball leogue.
the American association, as outlined by Its
promoters, met In executive session nt the
Baltimore hotel In this city today nnd took
the nict-ssnry action to complete tho or
ganization of the association. Threo se
cret sessions woro heUl behind closed doors,
with President T. J. Hlckey In tho chnlr.
The magnates In attendance and tho cities
they lepresent nre n follows.
H. D. Quliin and W. Cllngiuan, Milwau
kee; W. II. Wntklns and Hauschau-.it, In
dianapolis; Charles J. Strohel. Toledo; T.
Brlce and Murchlson, Columbus; George
E. Lcnnon, St. Paul; Walter Wllmot, Min
neapolis, and Georgo Tebcatl and Dalo Gear,
Kansas -City. Omaha was roprcfceiited by
proxy by H. D. Qulnn of Milwaukee.
Tho most Important business transacted
consisted of the ndoptlon ijf a constitution,
tho awarding ot tho various franchises of
ficially to tho respectlvo magnates of the
association, and especially the disposition ot
the Omaha franchise.
CoiiMlltntloii noil II-I.iimi.
After tho morning session President
Hlckey nnnounced Hint the first Importnnt
business brought up was the adoption ot
tho constitution nnd by-laws. The presi
dent snld that tho constitution does not
differ rrnterlally from tho constitution of
tho old Western league, only minor changes
being necessary to suit tho purposes of tho
new association. It was decided that uni
form tickets should be used In all of the
towns.
The lenses held by tho magnates wero
turned over to President Hlckey and the
session adjourned.
Mr. Hlckey stated that ho had threo-
yoar lenses on parks In seven cities In
his possession, nil of tho cities except
Omaha.
At the afternoon session, It Is understood,
but not officially given out, that the Omaha
franchise was nwarded to Frank Bandlo of
Omaha, nn old ball player and practical
business man. Mllwnukeo capitalists aro
backing Bandle, but ho will havo imme
diate chargo of tho team. Ho appeared In
tho meeting this nftcmoon nnd made n
strong plea to havo Omaha Included In the
American association circuit.
Deeliirutloii of Wnr.
Tho awarding of this franchise nmounts
to n declaration of war against the Western
league In Omaha. W A. Hourko owns tho
Western league franchise. President
Hlckey tonight gave out somo correspond
ence which ho has lately had with Rourke.
Mr. Hlckoy on December 27 wroto a letter
to Mr. Hourko, In which the latter la re
minded that ho was awarded tho Omaha
American association franchise at the Chi
cago meeting, but had failed to mako good
his guarantee. The letter Invites Mr.
Hourko to attend tho Kansas City meeting
called today nnd be prepared there to put
up tho guarantee or return his franchlso to
avoid legal difficulties. Mr. Itourke's ro
sponse, dated December 30, stntoH that he
owns tho Omaha .franchlso In tho American
association, and nny attempt to disturb his
rights In the premises would bo resisted
by him in the courts.
Tho president was given power to mako
tho schedule, which will bo aifopted with
out changes. An admission fee of 25 cents
will bo chnrged In cities vvhory thoro is
competition.
Charles J. Stroebcl of Toledo, who was
awarded a ono-yoar franchlso In tho circuit
at Chicago, was today awarded a five-year
franchise. WntklnB, Wllmot and Tebeau
wero appointed a committee on playing
rules. ,
IliiMtem of l'lner.
Tho next meeting of tho association will
probably bo helij In February a'nd all futuro
meetings will be In Chfcngo. All tho mag
nates wero a bit shy about announcing their
lists of players, but a roster of thoso
claimed was Anally prepared and given out
as follows:
Kansas City Pitchers, Wolfe, Gibson,
Welmcr, Gear, Oscar Jones; catchers, no
ville, Messett; first baseman, Brnsshear;
shortstop, Dundon nnd Leowe; ihlrd baso
man, Robinson; outfielders, Miller and Hart
man. Indianapolis Pitchers, Helium, Siidhoff,
Ralph Miller; first baso, B. Meyers; sec
ond baso, Fox; fielders, Woodruff and pos
sibly Hogrlevcr.
Columbus Pitchers, Dalley, Cogswell,
Dunham, McMIckon, Wnlkor, Wagner; first
baso, Jack Grim; socond baso, Evans; third
base. Griffin.
Toledo litchors, Eddlo Joss, Al Pardee;
catcher, Grafllus; third baso, Cargo; short
stops, Grosart, Woodlock; fielders, Miller,
Bobby Gllks.
St. Paul Mlko Kelly, manngcr nnd cap
tain; lnfleldcr, Holllngsworth.
Minneapolis Waltcr'WIlmot, malinger nnd
captain.
Milwaukee William Cllngman, manager
and captain; first banc, Jack O'Connell;
catchers, probably Klclnow nnd "Kid"
Spoor; fielders, probably Sam Dungau, Thiol
and Hemphill.
Tho night session was occupied with
routine matter.
PLAYING SQUASH IN OMAHA
New nnd S t reuiinim Rmne TuUeii
1: Hreenlly OruiutUed
Iliiciiiict CI nil.
To
Dick Stowart of Council Uluffa won tho
first gitunsli tournament of tho R.iciiuut
club by defeating N. P. Dodge In the llnal
round on tho club courts ut KxJ South Four
teenth street. Twelve players competed In
the tournament. .
flqtimih In u new game In Omaha. Tho
club which In now pluylng It waa formed
two mnntliH ugn, nnd operations begun nt
once. The old lfnrtman hall was secured
nnd partitioned off Into two courts and
shower baths and locker rooms. Kach
court Is 35x26 feet nnd tho room in which
It Is laid nut must bo just that sire. Tho
gamo Is played ngalnst the four walls of
tho room, somowhnt afjer tho manner of
handball, except that tennis rncciuets nro
used, Only two players can engugo nt u
tlmo In one court, ,
Tho object Is to compel your opponent to
miss tho ball, which Is an ordinary tennis
ball, cither on tho lly or tho first bounce.
A court Is divided lengthwise Into halves.
Hach, mnn takes one nnd tho server starts
the game by butting tho ball against tho
front wall so that It falls back Into his op
ponent's court, The Intter then strikes it
back against nny wall regardless of local
Ity. for nfter that first servo tho ball may
fall anywhere.
Play Is continued till one man misses,
fulling to return either on tho fly or ilrst
bounce, If tho server misses, neither
player scares one point, but the servo
passes to tho other mnn, If this other be
tho ono who missed, howevar, the server
scores one, nnd retains tho serve, Thus
only a sorvor enn score, and the wny to
win Is to keep the servo by not mlBslng.
Fifteen points count a gnme.
Tho gnmo Is extremely strenuous and re
quires the grentest activity of any Indoor
contest played, The mero fact thnt tho
hnll may bouncn ngalnst nny of four walls
explains this. The fascination of tbo sport
lies lu Its speed.
Twenty-five members comprise the Rac
quet club. Tho expenditure of somo $501
on the quartern has produced a well
equipped set of rooms. Men who played
racquets at schoid aro naturally best nt
this game, but others uro now coming rap-
r
Idly lo the front nnd will soon vlo with the
experienced ones. Tennis players take to
it readily. Among the star squash pliV
er!-JUHt now nre Hither Kountze, Charles
Koiintsto, Frank Hnxkell, Ezra Millard,
Nnthun P. Dodge and Dick Stewart All
other tournament will be begun this week
ALL DEPENDSONPETER MAHER
.NfTrl.i. ii ud Sharkey Will I'lulil If
ynllnr Tom Whip the
Irlfthtunii
NEW, YORK, Dee. SO.-JIm Jeffries and
Tom Sharkey were matched today for n
light which will Involve the heavyweight
fistic championship or the world. "Hilly
Uelunev, who Is Jefftlra' manager, met
Tom Sharkey and hit manager. Barney
Reich, nt Tom Foley's resort here this
afternoon. Delnuey said thnt he was anx
ious to lndt.ee Bob FltZ.slmiiion to meet
the chnmploii once more and he hail given
him due notice of his whereabouts, but
neither l'ltzslintuonH nor any representa
tive of his put In nn npiicur.xiU'e, so De
lnuey clinched the bargain with Shark v
According to the articles of ngreement,
thn fight will take place on any day be
tween March 17 and April 30, before the
club offering the bet Inducements.
James C. Kennedy, representing J W.
I'ofTrntli of the Vosemlte Athletic club of
S.iu FrnnelFOn, bid tK'i per cent of the
gross receipts, und the men Imiuedlntely
ngieed to light In Sun Francisco under
that club's auspices. There Is a pofslbllMy
thnt the mm will tint meet tiiul that no
cording to the nrtUies of ngreement. I
the chance that Sharkey Is defeated bv
Peter Maher In their bout In Phlladeliiblu
In the third week of next year The bout
will be deelared oft should Hhnrkey suc
cumb to Maher.
FITZSIMMONS IS WILLING
Snyn He N Retired, hut Would t'ou-
Mldrr tny OITer from
.loltrlcd.
NEW YORK, Dee. 30.Hoh Fltr.slmmotis
was seen tonight at his home at llith
Bench und Informed Unit Jeffries and
Sharkey bad been matched. lie sold-
"From reading the tunny advance untie
sent by Jeffries and Delnuey from the
west during tho lust few weeks I was led
to believe that Jeffries was hot after me
und wns coming to town to tnnke me ex
traordinary Inducements to get me to light
him. In the first place, Jeffries Is not here
anil. In tho Mornnil. I hnvn nnt reeelvotl unv
J great olTor he had to make. Delnuey did
not notify me personally no was in town.
I havo retired from the ring, but I eer
tnlnly would have considered any nrfr
Jeffries or Ins manager offered to mako
had 1 received it."
DETROIT LETS LANGE PASS
WlK I.i'MKiier WnntN Six iilnllfill lid
UollurN nnd Mr.Voiiinrii i'lin
t'cl the Drill,
DHTROIT, llee. .lO.-The signed contracts
of Outfielder Hurley, who was with Cin
cinnati lust year, und First Has, 'man Frnnk
Dillon, were received today by Secret. try
MeNumarii of the Detroit huso ball club.
Negotiations between the Detroit club and
Hill lounge, formerly with the Chicago Nn
tlnnai league club, are off. Imwe wired
thnt Detroit "would huvo to do better thrill
JiJ.lMi. ns the Huston league teum hnd of
fered him that salary." Secretary McNn
mnru declined to offer nlch figures.
JEFFORDS THE AGGRESSOR
lllir Cn II for ii I n n lirtu ItcttiT of .luck
McCormlck In l.liull
limit.
AI,I,i;NTOVN. Pn., Dee. SO.-JIm Jef
fords of California nnd Jack McCormlck
of Philadelphia fought fifteen rounds here
tonight In which the California!! had much
the better of the po. Jeffords, drew blood
In tho first round, und In the second round
sent the l'htladelphlan to the lloor with a
hard right-hand punch. After thnt MC'
Cormlck braced up and managed to stay
the limit.
St. ChnrlfH DrIYiitH Kmikh,
In n lenguo bowling game last night on
Clark's alleys the St. Charles team lock
three straight from tho Krtig Parks. Score.
ST. CIIARUCS.
1st. L'd. 3,1. Total,
Fritscher Ifil I'M UK 20
Wllllo IS" 111 10 nil
Davldgo ,, 151 1C2 112 IN
Houthy 15S 1S1 1!"'. KIT
Flaimgnn UU Stri WO tin
Total "TEii Til fCI 'J.SiM
KRUO PARKS.
1st. 2d. 3d. Totnl.
Conery l&t in 147 m
Nielsen H7 llfl 131 127
SCItzman 153 1S2 213
F. II. Krug 1(3 1EO 172 4'.5
llengolo 152 ICA 1S3 451
Totnl 771 7!0 Tx 2.3.VT
Ciiniidlun Wrestler WIiin.
ROCIIKSTICR, N. Y.. Dec. HO-Danld
Mclenn of Canada, the Scotch wrestler,
bent Mort Henderson, the Rochester
"butcher boy," In n tnntch tonight, lie
agreed to put Henderson down five times
Inside of nn hour und nccomnllshed tb"
undertaking In 15 minutes 15 seconds.
Henderson weighed HO nnd Slolxnid 1G0.
.loi (Iiiiin Too llcnvy.
PHIDADKM'IIIA. Dee. SO. Jo- Youngs
of lluffnlo was completely outclassed by
Joe Oans of Ilaltlmore tonight In what
vvus to hnve been u six-round bout nt the
opening of tho now Washington Sporting
club, In the fourth round Youngs had
enough nnd retired.
FBroft Trial
From Oeo, C. Oelck, Owens Mill, Mo.:
"Some tlmo aRO I botiKht ft pnckaBo of Pyra
mid Pile Curo for my wife, who had suf
forml very much. The first trial did her
more Rood than anything sho bus ever tried.
It Is Just what Is claimed for It. for It
cured her completely." For salo by nil
drtiKRlsts. Llttlo book, "Plies, Causo and
Cure." mailed free. Pyramid DniK Co..
MarHhall, Mich.
OMAHA-TEXAS
OIL CO.
Mr. H. F. Pierce, president of our com
pany( wired from neaumont, Tex., today as
follows:
"Just returned from field. Our
well down 865 feet. Rulldlng of Joint
plpo lines nnd tanks nicely started.
"II. F. PIERCE."'
Remember, shares advance to 60c por
sharo, or hlshorwhen gush'of Is broufiht In.
Lees than 200 font loft to drill. Halos of
stock Increase dally as tho well Roes down,
Remit to
H. I. FORSYTH,
Bccrctary and Treasurer,
aapp Iilock, - - Council Illuffs, la.
ABSOLUTE
SECURITY.
Cenuln
Carter's
Little Liver Pills.
Must Sear Slgnntur f
& PacSlaMI Wrapptr Below.
Yrr 11 aad ft Mf
to UklMNIlA
FOR HEADACHE.
FOR DI7ZINES3,
FDR BILIOUSNESS.
FOR TORPID LIVER.
FOR CONSTIPATION.
FOR SALLOW SKIN.
FOR THE COMPLEXION
oaowiunvn MunuviMhifv.t.
OURS IOIC HCADAAHK.
i TREE'
A stuff of cmlnc.it pnyslclnns and sur
geons from tho British Medical lnstitutn
have, nt tho urgent solicitation of n largo
number of patients under their cure In thti
counuy. established ,i permanent branch uf
the Institute lu this city, at
Corner or Kith mill I'liriuiiu Street.
lliioniN -CIS-lift) llonril of Trndn
llnlldlMg.
These eminent gentlemen iinva decided to
give their services entirely free for three
months (medicines excepted) to all Invalid
who call upon them fr treatment bctwoeii
now unci Jiini'ury !).
Tho object In pursuing this course Is to
becomo rapidly nnd personally acquainted
with tho sick and uflllcted, und under no
conditions will uny charge whatever bn
made for un services rendered for three
months to all who call before January 0.
Mule mid I'cinalc weakness, catarrh nnd
catarrhal deafness, i.lso rupture, goitre,
cancer, .til tkin diseases i.nd all disease
of (he rectum nte positively curci by their
iiew treatment.
one"
MINUTE
COffljElCUPe
Cures Quic&Sy
It lina long been it household fnvorlto
for CoukIh, Colds, ljionchitls, Pneu
monia, Asthma, WlinopliiK Cough and
all other Throat and idititf Troubles.
It Is proscribed as aMrk.fitlc for Grippe,
Mothers endorso .It as an infallible
remedy for Croup. Children lllco it.
Preparod by I".. C. UoWItt &. Ca., Chloafjo.
A BEAUTIFUL WOMAN
Ucften illttrfMftl by Crav
or ttrllj nUstlifil Ililr
Imperial Hair Regenerator
Trill rrmeilj' this. Any shartsfinm Illnelr
i um ui;i)irii jnn iimnur priMmcm,
('(iliirHnreitnraliln llmllv nimlliM All.
3tfS5 solulely liarnilesn. Hamilton linlrrnl.
uigu tiro. iiUdrnjHiimruir iu.iurilliu:
Imperial Chemical i'u. 3.i W .ad Hi . .n' V.
Did you ever !toi i,, Hunk
thnt over six hundred Individ
uals linn The Dee Want Ad
puRes every Hundiij .'
That, besides (his inrne num
ber who uro personullv inter
mted, there nre several hundred
that are Interested In very
classification.
That classllleatluiiH ran be
found for evuiy want of mortal
man.
GET IN LINE
Don't you think you had better
Ret In line under one of these
I'lns.dlleutlnus nnd let your
wants lu known?
There Is surely someone
nmoiiK this vast urmv of read
ers that ynu can Inti-nst. mid
a 25c Want Ad will do the
"Hlz."
Howell's
will knock u cold,
Anfi-Kawf
a -nURli, or a win
ter sore throat.
Into tho inlihllo of
next week. It's Rood for rold sores.
Don't allow nny ono to sell you nny ntbor
kind. There's nono so good ns Antl-Kavvf.
25c n bottle.
A II l Hl JMK.Vl'.S.
n wrIO Woodiwird & Uurgcss,
DMT LI O .Manners.
TONIOHT AT 8 RIIARI'.
HENRY IRVINC-MIbb ELLEN TERRY
Double bill: "W'ATFJtl.OO ' Corporal
111-owster, Henry IrvlllK; JI.ME. HANS
OHNK." Henry IrvliiK ns. Napoleon; Mme.
Hans dene, Miss Ellen Terry. Tomorrow
n B it. "NANCE OLDFIEI.l' nnd "THE
llEIXB." Prices. Uia, SI. St 50. S2. 12.60, S3.
Thursdaj. Friday, fint. Mat., nnd'
MAROCERITE SYI.VA, In
"THE PRINCEHH CHIC."
NlBht.
.
nlirht,
Prices, matinee. 25c. OOe, 7tC SI!
25c, 6Uc, 73c, SI, S( 50.
TEDEPilONE 1631
A HAPPY NEW YEAR HIM
Matinees WtdinsdHy, Saturday and Sun
day. 2 16. Evury eveiiliiK, &SIG.
HlOll DASH VAUDEVILLE,
Cressey und Dniim, Kuril, W'urd and
Cirmi, Frazer Troupe iuylor Sisters,
Ada Ariioldson find the Klnodromo,
Prices, 10c, 26c nnd 60c,
Seats can bo reserved for Now Yenr'H
Matlneo.
Miaco'sTrocadero
m.tim:i: tuiuv-h
TKMSI'MONR
i ll), V Id'', iiOe.
Entlro Week. Including Saturday EvenltiK.
.ir.HSKY I, II, I, IK III III.ESItl HUM mill
, V(ll Mi ( OHIir.TT
(Johnny Corbett, Muttr.) who defeated
ferry Mcuovern, nt every perfqrmunec,
mli linen
ami niKiir isvrmnu tiricesj joe,
20v 'to, Smoko
If you like,
advancu
III prl'-es
CARTERS
ft
I j s t-o pi j