Omaha daily bee. (Omaha [Neb.]) 187?-1922, February 14, 1887, Image 1

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    SIXTEENTH YEAE. OMAHA. MONDAY MORNING , FEBRUARY 14 , 1S87. NUMBER 241/ /
TQE LATEST RAILROAD BILL ,
MoikleJobn and Agco Oonooct a Measure to
Succeed the Present Law.
A VERYVOLUMINOUS DOCUMENT
The Ilnil rcnturcq of tlio Commission
iiuliiillol In tlic Solicinp , U'llli
. Many New Points Added
to the Idst.
llnllrond Commlttcn'n mil.
LINCOLN , Neb. , Fcb. 13. [ Spcclnl to the
lt.n.JThe ! following Is the full tc.xtot the
bill piescnted by the iailio.nl committee to
the house jesterday. It carries Iho name of
Mr. Agco as Us author , but Is the icsult ot a
combination between his bill nnd that Intro
duced by Senator MelUlcjohn. Tim commit
tee have worked nearly Constantly on the
production of this hill for three days. It Is
expected It will b3 considered In committee.
of the whole on Monday or Tuesday :
Uu it enacted by the legislature of the state
ot Nebraska :
Set tion 1. The attorney general , secretary
of slate , aud auditor of public accounts , state
ticasnrei , and comiu.ssioiier of public lands
and buildings shall constitute a board of
railroad commissioners , who shall have
powei to appoint three sccrctaiies to assist
the boaid In the performance of their duties
ns Mich commlssiiiiieis. 'Iho.seerelarlesshall
bo paid nn aiinu il salaiy ol S-JOU ( , payable
in equal quarterly Installments. Said board
shall also liave tlio power to appoint n clerk
who shall be a competent stenographic ie-
porter and who shall receive an annual
salary ot S1Mim ! > able In equal quarterly
Installments. Said secretaries and said clerk
shall each glvu a bond to the state of Ne
braska , In the sum of S 10,000 , with ono or
moiu sulllclent sureties to be appiovcd by
the povernor , for the taithfiil performance of
his duties : nnd shall also lake nnd subscribe
nn oath , that he Is not In thu employ of , nor
holding any olllclal relation to any rallioad
corpoiatlon , and that he Is not the owner ol
nny slock 01 bonds of , 01 In any manner
peeunlarllj Interested In any rallioad corpora
tion , and that he will faithfully and tmpat-
tlnlly , without tent or favor , discharge the
duties ot his olllce to the besl of his ability.
Sec. 2. No ollicei , agent oremplojo of any
rallioad coipmntion or exptess company , nor
nny puison holding any stock or bonds of ,
or In any inunnei pecuniarily Interested In
any railroad coipoiatlon ore\piess company
shall be appointed or employed us secietaiy
or clei k by said boaid.
See. 3. bald boaid shall liavo the general
supervision ot all tallroads operated by steam
in the state , aud shall Inquliu into any
neL'Icct ot duty or violation ot any of the
laws of lids slate , by any tallioad corpora
tion doing business In this state ; or by any
ollicei , agent or employe of any lallumd
corpoiatlon doing business in this state ; and
shall from time lo time , carefully examine
and Inspect the condition of each rallioad in
this state , and Its equipments , and manner
of the conduct and management of the same ,
with reference to the public safetv. interest
and conveniences , it shall caielully investi
gate any complaint made In wiltini ; , nnd
under oath , concei ning any lack ol facilities
or accommodations ( mulshed by nny railroad
corporntlonn doing business in this slate , for
the comfort , convenience and accommoda
tions ot individuals and the public ; or any
unjust dlsciimlnallon against either any pet-
son , linn orcorpomtioii , or locality , either In
rates , facilities furnished or otherwise ; and
whenever In the judgment of said board nny
repairs nio necessary upon any portion of
the road , or upon nny stnllons , depots , sta-
lieu houses or warehouses , or upon any ot
the rolling stock of any railroad doing busi
ness in this state , or any additions to , or any
changes In Its rolling stock , stations , depots ,
statlonhoiises or warehouses are necessary In
order to secure the safety , comfort , accom
modation nnd convenience of the public aud
Individuals , or any change , in the mode ol
conducting Il3 business or opeiatlng Its road
is leasonablu and expedient In outer lo pro
mote the seem Ity aud accommodation ot the
public , or In older lo prevent unjust dis
ci initiations airalnst either persons 01 places ;
It shall makoa lindlngof the facts , nnd an
ordoi tequlilng said railroad coiuotation to
make such lepalrs , improvements or additions
to Us rolling stock , road , station , depots or
warehouses , or to make such changes cither
in the manner of conducting Us business 01
In Iho manner of operating Us load , as such
board shall deem proper , ica onahlu and ex
pedient ; and said lindliig shall bo entcted In
n leconl kept tor that puipose , nnd said
board shall cause n copy ot the same to be
Beived on the said railroad corporation , by
nnysherlll or constable In tins stale , In the
same manner as a Mimmons Is required to be
served , and shall also transmit to the person ,
llrm or coipoiatlon intcicstcd , n copy of the
na mo.
Said railroad corporation shall , within ten
dnsnttci bolus seived wltlin copy of said
findings and order , show cause. It nny It has ,
whv U should not comply with said older , by
lillng with said boaid an answer veillled In
the .same manner as pleadings of ( act In the
district court aiurcqulicd to be veiilied. If
no answer shall be filed as aforesaid , then
biicli Uniting and order shall be final and con
clusive as ngalnst such railroad corpoiatlon.
Upon the lillng of any answer us piovided
for In this section , the said board shall set n
day not exceeding thirty days fiom ihe date
ot the filing of such answer tor the hearing ol
the matter , and Mull notify said i.aihoad com
pany and other person or peigons or corpora
tions Interested , of the lime so lixed , and the
pluce of hearing thu same ; and shall caio-
hilly and frilly Investigate the matter , nnd
for that puiposo may subpiena wllnesses , and
: umpel their attendance , and thu piodtiction
of any books or papuis In the same manner
as the courts of law of this state may do.
After a lull Investigation of the matter said
board shall again mnku a finding of the tarts
nnd iiinlio such an outer as It may deem just
in the piemlses.
If said railroad shall refuse or neglect to
comply with such older , the board shall order
tiiu attorney genet nl or the county altornoy
of thu piopcr county to Institute n suit to
compel such rallioad company to complj-
with such outer , and It shall bo the duty ot
the attorney general or the county attorney
ot thu pioper county , at the request ot the
board , to apply to the supreme court or to the
dlbttlct court ot any county through or Into
which Us line of mad may inn , In the name
of the state and on the relation of said board ,
for n will ot mandamus to compel such rail
road company to comply with such order ;
and upon the hearing ot nny such cause , sueh
llndlng and order .shall bo as against such
railroad company prinm facia evidence of thu
ii'nsnnnbloncstf ol such order , and of the no-
ecsslty of such repalis , chances , additions at
Improvements , or other matters In such 01 del
required to be done or omitted ,
Sec.I , If nny rallioad corporation or ex
press company organized or doing business
In this state under nny net ot Incut poratlon
or general law of tills stale now In force 01
that may heieattor be passed , or If any rail
road corporation or express company crt-an-
1/cd or which may hereafter bo organized
under Iho laws of any other state or of the
United Slates and doing business within
this state shall chaige , demand or receive
moiu than a lair and lea.sonabto rate of toll
orcompensatlon tortho ttausportation of any
Els passengeis , uxpress or freight of any deserlp
( Ion , or for the use nnd tmnsuortntlon of any
i.illioad ear upon thufrackot uny such road
01 any of the branches thereof , or upon any
railroad In the otate which It has the rigid ,
license or permission to opetate , the bnnu
bliall bo deemed guilty of extortion , and upon
conviction theieof shall bo dealtwlth as hero
luaftcr provided ,
See , 5. If any ucu railroad corporation 01
c\pie s company afoiesaid fhnll make nnj
unjust discrimination In Its rates or charge !
ot toll or compunction tor the transpoiui
tlon of any treldit or express ot any descrip
tlon , or tor the nso and tianspnitatlon of aio
rallioad car upon Its bald load or upon anj
of thu blanches theieof , or upon any rallroail
co nn acted therewith which It has the light ,
license or permission to operate , control 01
use within tills slate , or shall make any tin
just disci imlnutlon nzaliisl any person , firm
corporation or locality , as to accommoda
tions or facilities furnished for the ship
me ut of nny freight or express of any de
icnption , over Its said load or over any roail
has the ilunt , license or permlssioi
use or control , tint same shall oe deomei
sullty of havlntf violated the provisions o
ills act. aud upon conviction theieof shall b <
lealt' ; with as hereinafter piovided.
See. o. It any such railroad corporation o ;
express company shall charge , dcm.and , col
lect or receive , tor the transportation of any
freight or express of nny description , upon
Us railroad , or any of the branches thereof or
upon any lallroad which it has the right ,
license or permission to useorc.tnlrol.for any
distance within this state , the same or a
gicatcr amount of toll or compensation than
Is at the time charged , collected or received
for the transportation In the same direction
of any like quantity of freight of Iho same
class over n greater distance ot the same tall-
road ; or if any railroad company shall charge ,
demand , collect oriecelveat any point upon
Its railroad , or any lallroad which It has the
right , license or permission to use or contiol ,
a higher rate of toll or compensation for
haii'lllng or dellveilni ? freight ot the same
class ami quantity , than It ! mll at the same
lime charge , demand , collect or receive at
other points upon the same railroad , 01 upon
any lallroad which il has the right , license or
permission to use ot control in this state : or ,
If It shall charge , collect , demand or receive
foi the transportation of any freight of any
description ovvr Us lallroad , or ov cr any lail-
road which U has the right , license or per
mission to use or control , n greater amount
ot loll or compensation than shall at the
same time be chained , demanded , collected
or received by It lei the transportation of any
like quantity ot freight ot the > nme class ,
bolng tiatispoited in the same distance over
any portion of the same laihoad of equal dis
tance ; or , it U shall demand , charge , collect
or tccelvo from any person or persons , or
coipoiatlon , a higher or greater amount of
toll or compensation than It shall at the same
lime charge , collector receive fiom any oilier
iiei'son or persons or coiporatlon foi iccelv-
Ing , handling , or delivering freight of the
same class and Mo quantity , at Urn same
point upon Us lallroad , or upon any lallrnad
which It has the right , license or permission
to use or control ; or , If It shall demand ,
charue. collect or receive from any person , or
persons 01 coiporatlon , for the transporta
tion ol any freight upon Its railroad , or upon
any iill load which It has the riu'ht , license or
permission to use or contiol , n higher or
ureater rate of toll or compensation , titan It
shall at the same time chaige , collect or re
ceive Irom nny other person , or persons , or
corporation , tor the transportation of a like
quantity or freight of thu same class , beinc
transported from the samu point in the saino
diiectlon. over etiual distance ol the
said load , or nny road which It has
the rlclit , license or permission to
use or control ; or , it It shall demand , charge ,
collect or receive Irom nny person , or per
sons , or corporation , for the use and trans
portation ot any railroad car. or cars , upon
Us laihoad , or upon nny railroad which It
has the richt , license , or permission to use or
control , for any distance , the same , or a
greater runout ol toll , or compensation , than
Is at the same tlmo charccd , collected and re
ceived Until nny other person , or persons ,
or corporation , for the use and transporta
tion ot any rallioad car ot the same class or
number , for a like purpose , being tians-
poitcdinthe samu direction over n greater
distance ot the samu lallroid , or ot any rail
road which It has the right , license or
permission to use or contiol ; or. If It shall de
mand , charge , collect or ttcelve , Irom any
peison , or poisons , for the use and transpor
tation ot any laihoad cai. or c.ns , upon Us
rallioad , or upon any railroad which Ithas
the right , license , or permission to use and
contiol : a higher or greater late ot toll , or
compensation , than It shall nt the same time
charge , collect and receive from any other
person , or poisons , or coiporatlon , for the
use anil transportation of any railroad car. or
cars , ot the same class or number , lor alike
purpose , being transported from the same
point in the same diiectlon. over an equal
distant of its railroad , or any rallioad which
It has the light , license , or permission lo use
or contiol , all such discriminating rates ,
charges , collections or iccelpts , whether
made directly , or by means of a rebate , draw
back , or other shitt or evasion , nnd nil dis
crimination of every kind , In Iho matter of
liiinlshiug cars or facilities for the transpot-
tntlttii ol any freight over such road.or roads ,
shall bo deemed and taken , against such
railroad corpornllon , as prlma laclo evidence
of Ihe unjust discrimination , prohibited by
llieprovision of the act ; and It shall not bo
deemednsuniclent excuse or Justification , of
such discrimination on the part of such rail
road coiporatlon , that the railroad station ,
or point nt which It shall charge , collect or
receive , the same or less rates ot toll or com
pensation for the transportation of sucli
trelght , or for tlio use ami transportation ot
such railroad car , the greater distance than
for the shorter distance , is a railway stationer
or point where their exists competition with
any other railroad , except in cases where the
boaid of transportation have by special rule
pcuntttcd such discrimination at such stationer
or point. This section bliall not bo constiucd
so as to exclude other evidence tending to
show any unjust discrimination by any rail
road company or express company doing
business In this state ; piovided , however ,
that notliiiie hciein contained shall prevent
any railroad corporation froinlssuingcoiiimu-
Utlon , exclusion , or thousand mile tickets ,
or fiom tinusporling any freight for charit
able purposes , or to or from any agricultural
lair , 01 the transportation of any tents or
camu equipage for use at any soldier's reun
ion In this state at reduced rates.
Sec. 7. Any such lallroad corporation or
oxpresss company guilty ol extortion , or of
making nny unjust discrimination as to
freight or express rates , or rates lor the use
and transportation of nny railroad , car or
cms , or In icccivincr , handling or delivering
IrciL'hts. shall upon conviction theieof , lor
each anil every offence , forfeit and pay a fine
olnot less than SI DO , nor more than 5,000 , In
all cases under thu provisions of this act ,
cither party shall liuvo the right of trial by
jury.
Sec 8. The hues nnd penalties heroin
provided for may bo recoveicd in an action
ot debt In the name of the slate of Nebinska ,
and thcie may be several counts joined In
the same complaint or petition as to extortion
nnd unjust discrimination , nnd as to freight
nnd express rates and rates lor Iho use nnd
transportation ot cars and for receiving ,
handling or delivci Ing freights , and for any
discrimination against either persons or coi-
poiatlonsor localities , ns to facilities fm-
nlshcd for the tiansportatlon ol freight over
such load 01 loads. In cases under thnpro
visions of this act n pieponderanco of the
evidence shall be sufllclent to authorize a
verdict and judgment ip Invor of the slate.
BEJSee. V. It any btich railroad corporation
or express company shall In violation of any
ot thu piovislons of this net , ask , demand ,
chnigo or receive , oj any person or persons ,
or coiporatlon , liny extortionate charge or
charges , for the transportation of any pas
sengers , coods. merchandise or property , or
for iccelving. Handling or delivering ireUhts ,
ot shall nmko any unjust discrimination
against nny person or peisons , coruoiatlon
or locality In Its charges therefor , or in nc-
coimnmoilatl'iiis or facilities furnished Iho
person or persons offended against , may , for
each offense , recover ol such lallroad corpora
tion or express company In any form of ac
tion , all the damages sustained by such per
son or nerbons or corpoiatlon together with
costs of suit and a reasonable attorney fee
to be lixed by the court where the same is
heard , on appeal or otherwise and taxed as
part of the costs of the case.
Sec. 10. U shall be the dny ol
said board of transportation to investi
gate all complaints and lo ascertain whether
the. provisions ot this act are violated by any
railroad corporation or express company do
ing business In this state , and whenever Ihe
fads in any manner ascertained by said
board shall , In Us judgment , warrant such
prosecution , It shall be the duty of caid board
to Immediately cause suits to be commenced
and prosecuted against any ralltoad corpora
tion or express company which may violate
any of the provisions of this ad. Such suits
and prosecutions may bo instituted In any
county In this state , where such express com
pany Is doing business , or thumgh or Into
which nny line of railroad opetntcd by the
detendant corporation may extend. And
such board Is hereby authorized , when In
their judgment thu facts of the case will war
rant tne commencement ot euch action , to
employ counsel to assist thn attorney general
or county attorney , as the case may bo. In
conducting such suit on behalf ot the state ,
No such suit commenced by order of said
board shall be dismissed without their con
sent.
Sec. 11 , The board of transportation Is here
by dliectcd to make for each railroad cor <
pointlon doing business In lids state , as soon
as practicable , a schedule of reasonable maxi
mum rates of charges lor the transportation
of passengeis and freights and cars on eacli
of said railroads ; which said rate } shall not
exceed the dUtanco rate table of the Hurling-
ton & Missouri Klyor railroad In Nebraska ,
wiiich look effect Juno 1,1SS1 , and which was
hied In the office of thu board of railroad com-
mlssioners of Nebraska on July V , 1835 , . 10-
ducod by decreasing the rates for the various
classes of freight therein conUlned for live
miles H of l per cent and for each additional
ivo miles an additional U of 1 per cent until
the distance of ' . ' 00 miles is reached , and for
ach ten miles from said -00 miles an addi
tional ' ( of 1 per cent. And said schedule ,
when prepared by said board , or certified
copies ot the same shall In nil suits brought
axnlnst said tailroid corporation , wherein Is
In nny way Involved , the charges of nnv such
railroad coiporatlon lor the tran.spoitntion of
nny passenger or freight or cars , or any un
just discrimination in relation thereto , bo
deemed and taken as prlma facie evidence
that the rates therein lixed are reasonable
maximum rates of charges for the trantporla-
tlon of passengers nnd frclithts and eais over
the railroads for which said scheduler may
have been lespectlvely prepared. For the
purpose of aiding said board In the prepara
tion t such schedules , each railroad corpoia-
tion ilolnsc business In this state shall , within
twenty days alter this act shall take effect ,
lite with said board copies of all Its tariff of
rates , lares and charges relating to all classes
of tratllc affected by the piovislons of thlaact ,
Including classlllcations , In force January 1 ,
1SS7. Such copies shall be veillled by the
oath of such ollicei or ofllceis of the corpora
tion lillng the same as may bo designated by
said bmnl. Said hoard shall fiom tlmo to
time , and as often as circumstances may requite -
quite , change and leviso such schedules ,
when any such schedules may have been
adopted , chanced or revised , as aforesaid , It
shall be the duty of said board to filinlsh n
copy tlieicof to all the lallioads doing busi
ness In this state affected thereby ; and every
such rallioad corporation shall within ten
days nftei receiving a copy of such schedule
cause plainly printed copies of tlio same to
bo ported up ami kept posted up In at least
two conspicuous places In each of Its freight
and passenger depots In this stale.
Sec. IS. In all cases under Iho provisions
of lids act the rules of evidence shall bo the
same as in other eivll nctlonsexcopt as herein
provided. All lines tecovered mulct thu pro
visions ol this act shall bo paid Into the
school fund of the county where the cause ol
action acciucd. The icmedles heieby given
shall be regarded as cumulative to the reme
dies now given by law against railroad cor-
porationo , and this net shall not bo construed
as icpealing any statute giving sucli lemu-
dies. Suits commenced under the provisions
of this act shall have piecedi'nco over all
other business except criminal business.
Sec. 13. The secretaries appointed by said
boatd shall not engage In any other business ,
but shall devote their time to the duties ol
llielr ollico ; and said board and its secre
taries shall by tlio most thorough mvesliga-
lion and closest application infoun them
selves respecting Iho general business ol railroading
reading , the cost of construction of railioads ,
the picscnt value thereof , the cost ot operat
ing them and all the minutiae of the piolits
and losses of the business ; and
every railroad company liicorpointed
or doing business in this state , or which
shall heieatter become incorpotated or do
business under any general or special law of
tills state , shall on or betoio the lirst day of
September , In the year of our Lord , one
thousand eight liuudied and oiehtv-sevcn ,
ami on 01 beloio the same day in each year
llieieatlei , make and transmit to the hoard
created by virtue of this act at their ollico In
Lincoln , a full and true statement under
oath ol the proper ollieer of said corporation
ot Iho attain of their bald corporation , as the
same existed on Iho first of the preceding
July , specitjini : : 1. The amount of capital
stock subset died. 2. The amount of stock
paid In. S. The amount of assets and liabil
ities 4. The name nnd place of lesidencc of
its olllccrs. 5. The amount ot funded debt
0. Thn amount of Heating debt. 7. The
estimated value of each load bed , Including
Iron and hi lilacs. 8. The estimated value of
rolling stock. V. The estimated \alue ot
stations , buildings and lixtmes , 10. The es
timated value of other property. 11. The
length of single main track. 12. The length
of double main tracks. 13. The length
of branches , statlnc . whether they liavo sin
gle or double tracks. 14. Tlio aggrecato
length of sidings and other tracks not above
enumerated. 15 , The number of miles run
by passenger trains during the year picccd-
ing the making ot the report. 10. The num
ber of miles run by freight trains during the
same period. 17. The number of tons of
through freight carried during thcsamo time.
18. The number ot tons of local freight car
ried during the same time. 10. The monthly
earnings for the transportation of passen
gers during the same lime. 20. Us monthly
earnings for the transportation of freight
durinc the same time. 21. Its monthly earn
ings Irom all other souiccs during the same
time. . The expenses Incurred in the i mi
ning nnd management of passencer trains
dining the same lime. 23. Thu amount ot
expense inclined in the running and man
agement of freight trains during the same
time , also the expense incurred in the run
ning and management of mixed trains dining
the same time. 21. Expenses inclined in the
iiinnln ; and management of thu road diu-
ing tlio same time. 25. The amount
expended for repalis ot road and mainten
ance of way , including icpaiis and icnowal
of bridges and renewal of Iron. 20. The
amount expendfcd for Improvements' . 27.
The amount expended for motive power and
cars. 23. Thn amount expended lor station
houses , buildings and hxtuics. 21) . All other
expenditures tor management of road , main
tenance of way , motive powers and cars. ! ! 0.
The rate of faro for pnssengeis in lids state
for each month. 31. A copy of each pub
lished rate of faro for passengers and lanff
of freight In force or Issued for Iho govern
ment of Its agents during the same lime. 32.
What express companies run on Us roads ,
the kind of business done by them , nnd
whether they take their freight at the depots
or at the olllccs of such oxpioss companies.
3.1. What freight and transportation com
panies run on Hi road. 3-1. Whether biich
freight and transportation companies use the
cars ot the railroad or thn cars furnished by
themselves. 35. Whether Iho freight or cars
ot such companies are given nny preference
In speed or older of transportation , and if so
In what particular. If any railroad doing
business in this state shall noeloctto tile with
the board the schedules requited to bo tiled
by section 11 of this aet , or shall
nested or refuse lo makn and transmit to
the said boaul , the report required by sec-
lion 13 of this net lo bo made , such
railroad corporation bhall for each day It so
neglects or reluses to lile such schedule with ,
or make and transmit bitch repoit to said
board of transportation , forfeit nnd pay a
hue of not less than § 100 nor moie than
81,000.
Section 11. Said board shall , on or before
the hist .Monday of December of each jear ,
make n leport to the goveinor of Its doings
for the preceding fiscal year endlnc
Juno 30 , containing such lads ,
statements nnd explanations ns will
disclose the actual working of the system of
railroad transportation In this state and its
relation to the general business of the citi
zens of the state and such suggestions
and iccommendutions In respect thereto as
may lo ihein seem appropriate. Said report
shall also contain as lo every railroad corpo
ration doing business In this state : 1.
The amount of capital stock. 2. The
amount ot preferred slock , it nny , nnd the
conditions of its preferment. 3. The
amount of stock paid in , 4. The
amount of Its floating debl. 5. The
amount of Its tmuled debt nnd the rate of In
terest. G. The cost and present cash
value of Its load and equipment. Including
permanent way , buildings , round houses ,
machines and tepalr shops , rolling stock , all
real estate used exclusively In operating the
road and nil fixtures und conveniences for
transactlne Us business. 7. The esll-
uintcd value of all other propeily owned by
such corporation with a scheduloof the same ,
not Including lands cranted in aid of its con
st ! uction. 8. The length of single
main track. 0. The length of double
main track. 10. The number of acres
originally granted In aid of construction of
Its load by tlio United Stales or this state.
11. The number of acres of such land
remaining unsold. 12. Its monthly
gross earnings for transportation of local
passengers Jor the same time. 13.
Its monthly cross earnings for transporta
tion of freight originating In or consigned to
Nebraska Jor Iho same time. 14.
ll monthly gross earnings from all oilier
sources In the state. 10. Amount of
expense Incurred In running nnd manage
ment ot freight trains during the same tlmo :
also the amount of expense In running and
management of mixed tiains during the same
tlmo. 17. All other expense Incurred -
curred In Iho running of Iho road during the
same time , 18. The amount ex
pended for motive power , car , station house
and lixtures. 10. Such other statis
tics of the road nnd of Us transpoitatlon busi
ness for the year as may , In the Judgment of
tne commissioners , bo necessary and proper
for the Information of the legislature , or as
may be requited by the governor. Such re-
r.ort shall exhibit end rfer to the condition
of sucti corporation ou. the nrst day ot July
In each year , and the details ot Its transpor-
tatlou business transacted during tlio vear
ending Juno 30. Said board shall cause 1,000
conies of ald report to bn printed nnd put up
In pamphlet form for the nso of stale officers
and members of the leglslattiic.
Sec. 15. Said board ot transportation shall
have power In the discharge of Its duties to ex
amine the books , papers , documents nnd tar-
llf schedules of nny Mich rallioad corporation
and to examine under oath any otllcer , direc
tor , agent employe of such corporation ; ills
empowered lo Issue subpomns , compel ihe
attendance of witnesses and the production
of any book , paper or any document , nnd to
enforce obedience to any such subpiena. thn
same ns the courts ot law ot this date ; nnd
nny member of s.ald board and any of said
board and any of said secretaries may admin
ister oaths and animations In any mailer be
fore said boaid , and any poison who shall
willfully obstruct said boatd or any member
or nmplojo thereof In the performance of User
or his duty , or who shall refuse to give nny
Information within his possession that may
be required by said board or a member or em
ploy o thereof , In the dischareo of its or his
duty , shall he doomed guilty of misdemeanor
and upon conviction thereof shall tot felt and
pay a line not exceeding 51,000. Tlio costs ot
subpa-nas. fees ot witnesses and e\pon o of
Investigation shall in the llrst instance bo
paid by thu stale.
Sec. 10. Itsliallbetinlawfulforanycommon
carrier subject to the provision ; of this aet ,
to enter into any contract , agreement , com
pact or combination w Ith any other common
earlier or cartlcis for the ( tontine of nny
freluht of dlfierent and compctlnc common
cnuleis 01 to divide between them the nggic-
gate compensation for any shipment 01 the
net piocet-ds of the cainlnzs ot such common
carriers or any portion thereof ; and In nny
case of nn agreement for the pooling of
freight , each day of the continuance of such
pool shall bo deemed nnd taken as a separate
olfenso. Any ralltoad corporation violating
the provisions ol this section shall for each
ollenso pay a penally of not less than 55100
nor more than 51,000.
See 17. It shall bo Iho duty of the attorney
general or any county attorney or the ptopcr
county , nt the request of said board , to Insli-
tute and prosecute any and all suits and pro
ceedings for the violation of any of thoptovl-
slousot this act or any law of the state con
cerning railroads , railroad corporations or
express companies.
Sec. IS. Any ollieer , aient or employe of
any I ralhond corporation or express
company doing business In this state , who
shall violate any of the provisions of
lids acl , or who shall knowingly or inten
tionally , counsel , nld or advise , the violation ,
either directly or by shift 01 evasion , nny ot
the provisions ot this actor of any law for
the government of tallroads or expiess com
panies in this state , shall be deemed guilty of
a misdemeanor , and upon conviction thotcof
shall lor each and every ofhmse , tie lined not
less than S100 nor mule than Sl,000 ; and may
In Iho discrellon ot Iho court bo Imprisoned
In Iho jail of Iho county not exceeding
ninety days.
Sec. 10. Copies of any lindlncs. orders ,
schedule or proceeding duly certified to by
the cleikot said board , shall ho tcculved In
evidence the same as the original.
Sec. 20. Upon the occurrence of any accl-
denl upon any railroad which shall icstilt In
bodily harm or loss ol lite either lo passen
ger , employe , or other person , the coipor-
allen operating the road upon which the ac
cident occutred , shall give Immediate notice
thereof to the railroad commissioners , whose
duly it shall ho to Investigate the same and
give Immediate notice to the governor of the
extent of the Injury 01 loss of life , and
whether the same was the result of misman
agement or nedcctoC the coipornlion Ihat
operated the line on which the iujuiy or loss
of lite occurred.
Sec. 21. In Iho construction of this act the
word "railroad" shall be construed to Include
all railroads and railways opeialed by steam ,
and whether operated by the corporalions
owning them or other corporations or other
wise. The phrase "railroad eorporallons nnd
lailroad companies" .shall bo construed to
mean the coiporatlonl r company or Individ
ual that maintains oroperaies a railroad ope
rated by steam power.
Sec. 23. A majority ot said board shall con-
slllulo a quorum for the transaction ot busi
ness.
Sec. 2. ? . Nothing In this act shall bo con
strued to stop or hinder persons or corpor
ations from bringing atul against anv rail
road orexptess company for the violation of
any of the laws of this stale for Ihe govern
ment ot railroads or oxpiess companies.
Sec. 21. To carry out the provisions of this
net without undue burden to tlioslalo ofllcers
who compose tlio bonid of transportation ,
their secretaries are hereby empowered in all
mailers of examinations or investigations , to
pertorm the duties prescribed for the boaid :
Provided , That rendering judgments or the
lixlne or changing ot rates shall only be done
by the board.
Sec.2r . That an act entitled "An act to
provide a board of railroad commissioners ,
define their duties and provide lor their sala
ries , " approved March 5 , 16S5 , nnu also an
net entitled "An act to lix a maximum stand
ard of freight charges on rnihoiils and to
pievent unjust discriminations therein or
seciet rates , rebates or draw backs therolor , "
apmovcd February 28,18S1 , be , and Iho same
aio hereby repealed.
Sec. 20. Whereas , an emergency oxisls ,
therefore , this act shall take effect and bo in
toico from the luno of Its passage and ap
proval.
( irnin Klevntor Destroyed ,
An.U'AHon , Neb. , Feb. 13. [ Special Tele-
ernnrlo the Unu.j This morning about 2
o'clock , the elevator of E. Augusli , located
near the U. & M. railroad track , took hrc ,
and before anything could bo done it was
totally destroyed. There were nbout 103
bushels of oats nnd about 409 bushels of
wheat In the bins nt the tlmo of the nro and
It will prove n total lo s. as well as the build
ing and machinery. The building ami ma
chinery were valued at about § 2,000. The In
surance Is about 82,700. This will again stir
tip the people for lire protection as this Is the
lldid lire since .May last , and when a liio Is
once slatted it destroys everything as not
oven enough buckets can be found to form n
bucket brigade.
Knocked Out in Two Hound * .
CIIAIIUOX , Neb , , Feb. 13 , [ Speehl Tele
gram to the Uui.J : At Douglas , \Vyo. , Sat
urday evening , at a ptizo light between John
Jtedmond and Hubert Peters , Itedinonil
knocked Peters out In two lounds , They
fought with soft gloves , for S50 and gate
money to winner. Redmond is said to bo
the best man In Wyoming. Thcio was a
largo attendance.
Clmdron'ri Conl Find ,
CHAnnoy , Neb. , Feb. 13.-Special [ Tele
gram to the UEE. | Further developments In
the Chadron coal lind show still better Indi
cations. Work was suspended last night nt
12 o'clock , and will bo resumed early tomorrow
row morning , when still further develop
ments are expected. When the drill stopped
the pump was bringing up small pieces of
bituminous coal of a hue quality ,
AVork of Teuipernnco Woman.
CLKABWATKH , NcU , Feb. 13. [ Special to
the Hin.J : Mrs. Woodard , state treasurer of
the Woman's Christian Temperance union ,
delivered a lecture at this place to A largo
audience , aud organized a local society , with
Mis. bite Kilbourn as president ,
Weed Interviewed.
NEW YOHK , Feb. } 3 , [ Special Telegram
to the IJEE.-lIon. | Smith M. Weed , who
has just returned from Washington , where
he has been visiting Iho president , said to a
repottcr regarding the rumor that heWeed ( ) ,
was to have Manning's place In the cabinet :
"I can assure you , since you nsk me , that I
will not succeed ilr. Manning ; that lean
with certainty say that I have not the
slightest Information whom the president in
tends to select. " "Do you think the presi
dent will be a candidate again in IbSSV"
"No , 1 do not think ho will. 1 believe ho
will adhere to Ids letler ot acceptance and
refuse to be a candidate for a second term. I
am of the opinion that he will write
a letter to that effect to give the
public a clear understatidlug-on Iho gub jcct.
\ \ hen ho will vvtlte this letler I have no idea ,
but i think if ho docs lint all It Will bo In
ample time to have no misunderstanding
about his candidacy. If I > e declines to be a
candlaale , then I think New Votk's choice
will fall upon Governor 11111. "
POWERFUL LOBBIES AT WORK
Rings Formed to Secn.ro the Money Appro
priated Tor Coast Defenses ,
A WARNING NOTE SOUNDED.
1'rcsldcnt Sorely Perplexed In the
Make-Up of the Intet-Stato
Commerce Commission
Niitiotml News' ' .
Conit Defotisei All-Ahsorblnir.
WASHINGTON.Fob. 13.-Special [ Telegram
lo Ihe ill.t.j : More Is said hero to-night
about coast defenses , rebuilding the navy
nnd general picparallons for war than any
thing else. There Is'n feeling Ihat congiess
tinting the next ten days , will make largo
nppropiiatlous for these purposes. It has
been discovered that , antlclpalint : these ap-
proprlnllons , rings have been otganled lo
work oil on Ihe government various patents
for guns , etc. , nnd the local picss to-day
wains congiess against them. It Is said n
powerful and corrupt lobby is bringing all
Us inlluence to bear upon Iho committee on
nppiopilntlons tosllllo moasutes which "do
not tavor Ihemr that there Is a movement on
foot , vvllli poweitul support in the house , to
Ignore every lecommendallon of Ihe execu
tive depaitmcnt ot Ihe government relalivo
lo this matter , and to pass n bill devised nnd
developed mainly with Iho object of benefit
ing Iwo or Ihreo alleged "Invenllons" and a
few Iron establishments. The bills which
have passed the senate represent the declared
policy of Iho government to fortify our coasls
and domesticate. In tills country thomanutac-
lure of Ihe best heavy ordnance which can
bo made. They lepioscnt jearsof caretul
study and experiment and of talthf til efforts
to servo public Intetcsts by honest and able
experts whom the government employs to
deal with otdnance questions. In the do-
\olopnient of their plans they have been
compelled bv common sense and the exper
ience of Iho whole woild to abandon the Idea
of making guns ot iron and to Insist that
they shall bo made of stjiel. They have also
been compelled by their sense of duly to re-
jecl Iho schemes of all quacks and cin/.y
heads who have set up as gnu invenlots.
Thesomeii.no matter how dishonest or un
worthy , are cncouiaced to continue their
cflorts to rob the government when they lind
their complaints well lecelvcd at the capital
and even lind Inlluentlal members wllllui : to
undertake to legislate in their behalf. The
cnn thieves anil lion Intel est-t working in
cniilunetlon with politicians who are dls-
sallsned with tne administration of tlio
war department aio now engaged In an
effort to biibstltutn a small halt way
measure in which piiv.xtu interests shall have
fust place and public intoiests are almost
ignoicd. They would If they could take it
out ot tin ! conliol of the president himself ,
but thev do not see their way clear to ac
complish thaf. They want to set up some
kind of a nondesciipt boaid which will proceed
hand-to-mouth and give all
ceed on a - - policy
the "cranks" and "trawK1 a uood pull at the
treasury. They want to go on In the Bamu
feeble wav we have been going on since Iho
war , appropilaliiiff a liltlo money every year
and avoiding any largo and geneious ex
penditure adequate to the country's needs.
They wanl to substitute their own interests
for those of the people , and to live like
princes wnllo going on with their bogus ex
periments.
TIIK ritnsnir.NT i iurrixRn.
It Is not known positively Ihat the presi
dent has selected ono of the five intci-stato
commerce commissioners , although it Is be
lieved he knows them all. The relusal ot ex-
Senator Thnrmaii , of Ohio , to accept ono of
the positions was a .setback in the selection
ot the board. It is authoritatively announced
that the nominations will bo made be.foio
the adjournment ot congiess. If the piesl-
dcntshall adhcie to this dctciinitiation his
action will bar out Colonel Moirlson , of Illi
nois , Senator Van Wjck anil other gentle
men now sei vine In Iho Forty-ninth con
gress. It Is probable that several if not all
the members of the commission would have
been selected last week buc for the unusual
qimntily ol woik the president has crowded
in upon him. The picsldcnt Is de
sirous Ihat two of the commls-
Moneis shall ho practical laihoad men.
that two ! | iall bo first clash business men , and
the littii shall be a lawyer of ability. To lind
thicc democrats and two lepublicans In dlt-
lerent parts ol the country who will meet Iho
requirements of the place Is no easy matter.
He is ol course deluged with suggestions and
applications for n commissioneisbip , but the
class of men who apply are hardly desirable
timber of which to constiuct Iho board.
Since the repoit gained cuuenev that Sena
tor Cullom would have the naming of 0110 of
thn commissioners , that gentleman , like the
president , has been badgcied to death by peo-
nlo who icgaid the salniy ot 7,500 a lair
equivalent lor their services. The senator
says he lias no intention ot recommending
anybody lor the place , lie has not been
asked to do so and would not it ho weie.
Kepicsentative lic.tgnu , ot Texas , has , however -
over , lecommcniled ex-Uovernoi lieland , of
the Lone Stai state , and ho will probably bo
appointed.
CIiHARINUH KI3COUD.
Omaha Thirteenth on the list With
H8 I'nr Cent Increase ,
BOSTON , Fcb 13. [ Special Telegram to the
llKK. ] The following lable , compiled from
reports rccehed from the manageisof lead-
ring hoiisesof the United Stales , gives the
gross exchanges at each point lor the week
ending Febiuary 12 , 1W , ns compared with
those of the coircspomlmn week in Ibbi ) , ns
follows :
An Italian Stubs n Companion.
CHICAGO. Feb. 13. During a quarrel over
cards this afternoon In a Clark Etreot saloon
Daniel Florlo , lately from Genoa , slashed
Kelico Itajinoiuli across Ihe hands with a
razor. An Instant later Itaymondi's com
panion , Francesco Trimarlc , plunged a Bill-
leto into ihe heart of Florlo. He sank to the
floor dead while the other two hastily made
their escape. The trio had been caroublng
together faluco early
TI113 CO.NSl'lHAOY CASfcH.
UinictiUIco Which Dillon an a O'Krlcti
Ilnvo to Contend Aitnlnst.
IfopurlgM 188T by Jame * ( InnlanlomclM
IH'iu.i.v , 1'cb. 13. INow York lleiald Cable
Special lo Iho UKI.J : The consplraoy
trials In which Messrs. Dillon and U'Urlcn
are the defendants begin to-mortow. Mr.
Samuel Walker , I ) . C. , who was the Irish at
torney general under Gladstone , defends.
In conversation with him 1 learned that In
stead of the usual number of eighty Jurymen
summoned on a panel there mo on this occa
sion 2'0 and the venue Is laid In Dublin
county , U having been removed from Dublin
clly. The accused have only seven challen
ges , while the government , by making juiors
stand aside , liavo a substantial pick of the
nancl. i understand that on Tuesday
next It Is the intention of I.abouchere lo
move the adjournment of the house ot com
mons and originate n debate on the trial ,
smullni : for Dillon to come over and partici
pate in such motion as allows of a general de
bate. It Is contempt ot court for the press to
comment on the pending lilal , but pailla-
mcnt issiipieme. The noses counted show
cnouirh I'ainellltcs and Oladstoneitcs to sup
port Iho motion so as to bring on a debate
about the trial , Iho object ol which Is lo got
thu people to know the haish siirionndings
of this state trial , ns liaish , con-
sideling the eia , as were those
about tlio trial of Loid William
Uussell , In the time of James the Second.
For Instance , no record Is kept of whom
among the jurors are dlteeted by the crown
lo stand aside , and the accused are not al
lowed lo lake a copy of the panel or to know
the names , occupations and uHldcnces of the
Jurors who are summoned. The lltsl Iho de
fence knows thereof Is when the jurors are
called. The prosecution , however , of coutse ,
have eaily and free access lo Ihcso panels.
A Mooting Sii | > nrcHgc < l.
[ Copyrtulit 1SS7 bi/Jilmct Oanlnn Hcnnttt , ]
Diniux , Fob. 13. | New York Herald
Cable Special to the 15in. : I A proclamation
was posted In Louchrca yesteiday morning
suppiesslng the meeting In which Michael
Davlttand William O'Urlenhnd promised to
patliclpalolo-day. The grounds of prohibit
ing aio : "That the meeting la a menace to
the sheriff ot ( Jalway in the execution ot
certain writs lodged with him. and il permit
ted to be held would bo unlawful , as calcu
lated seriously to Interfere with the sheriff In
Iho execution of his duly , and lead to violence
lence and opposition beltis offeied to the
sheiitl In executing the same. " The coming
week will be found very interesting in Irish
a ( lulls.
LATIU : 1 have just seen a telegtam from
Lougluea staling Ihat Iho pioclalmed mcel-
ing has been held. II seems Ihat Ibis morn
ing Michael Dnvllt , being a guest of IMshop
IJiiL'gan , was being served with a copy of the
proclamation by two policemen , when Ia-
vllt refused lo take it. Tlio people , accord
ing to advice , piocecded to Ihe looms of Iho
Nallonal league. The calcway had been
strongly bairlcadcd by the uolico lest an
attempt should bo madu to enter the yard ,
bill Iho people lilcd through a private house.
Over 200 policemen , under command of live
sub-Inspectors , paraded the streets ana car-
dons of police vvcio drawn ncioss the roads
leading to Iho town. Mr. Dnvltt addressed
the meeting at crcat length. Mr. O'ltrlon was
about elaht miles out. The police then
followed O'Brien , but after proceeding some
distance found the road had been blocked ,
huge slouch having been thrown down. Mr.
O'ISiien on reaching Ijoughrea addiesseda
fresh meeting of nationalists. Doubtless
prosecutions will now begin against Davitt
for his free speech. Everything , however ,
was peaceable.
TURUIHIjU INSTITUTION.
Tlio People of Newfoundland Suffer-
liij } For tlio Necessaries ofijifc.
ST. JOHNS , N. F. , Fcb. 13-SpecIal | Tele
gram to the UKK.J Many business houses
here mo In financial difficulty and a commer
cial ciisls is inevitable. News from the
noi them part of tlio Island represents thintra
In a deploiable condition. The goveinmeiit
has already sent 1,000 hanel.s of Hour to keep
the people from slaiving , bul Hie supply Is
altogether inadequate. The most northeily
parts ate now fio/en in and It Is Impossible
to send supplies theio in time lo save tlio
people. It was a most pltiltil sight lo wit
ness Iho scenes al many places nt w hich the
coasting steamer Out low stopped on hct last
trip north. Scoies ot people who had noth
ing but codfish and hardtack , and but very
little of that , to subsist on for months
diasgcd themselves ncioss twenty to lilty
miles of banen rocks and wild wnstcs to
wheie the steamer called. They came In
hopes of getting small supplies of flour , mo
lasses and poik to keep body and soul to
gether during the next tluee months.
Dul the steamer had no supplies for thorn ,
and they started to return to their miserable
hovels to suller all the pangs of hungei nnu
exhaustion , added to the rlirors ot n New-
toundlnnd winter , and then to die , ns thev
must inevitably bolero lollef can reach them" .
Meanwhile. , the government has spent such
largo sums In imtchaslng supplies nnd con-
sti tiding tlio Placcntin railway to furnish
labor und save the people ot that district from
btaivlng that Hut tieasurv Is depleted. Added
to this thn lact that Newfoundland fish is a
glut on every maikct , owing to inability to
compete with that ol iheh bounty-fed Fionch
rivals , and It Is tiuly said that tnu Island pie-
tents to the uoild the most mournful spec
tacle , and its people aio thu most miserable
ol all English colonists , compared with whom
the people ol lieland aio piospeious.
ODD KKMjtnvs ixciTii : > .
The Texas Oranil Troasiiror Accused
ol' Dol'.iloiitlons.
AUSTIN' , Tex. , Feb. 13. fSpeclal Telegram
to the linn. I There Is quite n sensation hero
to-day among the members of the grand
lodge of Odd Fellows which has been in hcs-
Mon during the week. It Is alleged that
Thomas M. Joseph , a prominent lawyer ot
( Jalveston , and for ton yeais tioasurei of the
giand lodge ot Odd Fellows of Texas , Is short
In his accounts In a sum ranging nil thu way
from 812,000 to 530,000 , Suspicion was nrst
Induced nearly a year ago by a draft drawn
on Joseph being returned unpaid , Subse.
quently other dnifti drawn on him , and
which should have been promptly honored ,
weiu returned unpaid , and thu irrand master
demanded an explanation , which wasnutsat-
istactotilv given , and ho laid thu matter before
thu lodge at this session , Joseph was piesent
to be reinstalled as treasurer fur the ensuing
year , he having been it-elected nt the last an
nual meeting , but on the rcpiesentntlons. It
seems , made by the grand master , the lodge ,
before proceeding to install him. demanded
n new and better bond , and that he produce
the cash and United States bonds In the
lodge tieaiorv amounting to about 330,000.
Ho left Tuesday for the ostensible puipose of
complying with the demands , but thus lar
has ialled to retuin , and prominent ullicei.s
ot the grand ledge here express the opinion
that ho Is .short lor a laico hum If not lor thu
entire 530,000. They aUo have giavo doubts
about the solvency of tiib bond civen u lear
ago.
A. SJXW'H I 'atul Wink.
ST. Louis , Feo. 13 , A saw In n portable
saw mill on the farm of h. D. Wright , a
wealthy farmer living eicht miles from Cali
fornia , Mo. , llevv to pieces yesterday , ono part
of It cutting open Wright's breast , exposing
hie heart and killing him Instantly , nnd an
other piece carrying away part of tlio head of
Mlsalliompson , a yuuiu lady who had gone
to the mill to call the men to Uluuer. S.hu
died In two hour * .
WAS IT MURDER OR SUICIDE ?
David Todd , a Prominent Mcrchnnt of Dei
Moiucs , Found Dead iu His Bed ,
A VERY MYSTERIOUS AFFAIR/
The Coroner's Jury Ijiigaccil In TnU <
liiK Kvlilcnco In the Oa n Grout
Incitement ltcvnillit
In thu City.
A Dei .Moltics Mjstrry.
Dr.s MOINKS , In. . Feb. 13. | Special Tele
gram to the ISiiK.--There ] Is great excitement
In town over the mysterious minder or sill'
cltte early this morning of Air. David T ,
Todd , a leading wholesale merchant of Ihla
city. He loft homo last night about 7 o'clock ,
telling his wife llml ho was irolng to the
stoto to meet a gcntli-mnn with whom ho hail
an appointment. As he did nol return dur
ing the evening his wile became Manned , ns
liuwnsnot accustomed to being out Into.
Midnight came , and no tiaccs ol the absent
husband. At 1 o'clock Mrs. Todd could bear
thu suspense no longer , and calling her
nephew , who slept In the hutisc , ho arose and
tiled to telephone-to the stoic , but lie could
get no tespouse. ( Jolng back to his room ho
loused lib cousin , Mr. Todd's son ,
and together they slatted out to
lind Iho missing man. ( iolng down Sixth
slicetery slowly they hnlt expected to llml
his body sandbagged along the load , but no
tinco of him appealed. They i cached the
store on Walnut street about U o'clock and
louud It dark and still. Ilaidly thinking ho
could botheielhey tned the door aud found
It locked , but with another key they opened
llandwenlln. Llghtinc a gas Jel they llrs
dlscovetcd Mr. Todd's overcoat In n chair )
near Iho door of his ofllcc. Proceeding \
towatds the icai ot Iho store another match
was lit and one of the bovs discovered his
hat lying on the tloor masiied In at the ton.
Tnoroimhlv trlghtcncd und learinic some
ixvvlul tr.iuedv thu bovs hastily went back ,
lockini : the door behind them , and piocecded
to police headqtiaiters foi helu. A police-
manietuined with them , and entciin ; the
stoie again after a hasty glance mound the
loom ho walked to the leftlgeiator
room , In which o > sters are kept cool , and
opened the door. Sticlchcd out on the tloor.
with his l.iLudownwaid and Ids hands raised
over his head , lay Mr. Todd. A sttlp ot
white llantiel cloth was bound tightly over
the lower n.ut tit his face and tied behind his
head. Kemoving lids II disclosed a smaller
cloth ol co.usu towelling , thoioughly satti-
i.itcd with cliloidlorm and pressed over his
mouth aud noitids. A few feet away from
the retilgeiatoi loom were Ihe contents ot
Mr. Todu'M pockets lying on the tloor. There
were a lew coins , a pocket knife , a lead
pencil ami a small piece ot tobacco
wrapped in a paper. On a rough
counter near bj lay his watch , with n pottloii
of the chain banning to it , and Ihelaigcrpor-
tlon 1 > ing detached by Its side. The third
part ot the chain , including the fastening ,
was attached to the vest of the dead man in
the usual place. The chain had been violently
lently toin apart and with the scatletcd con
tents ot his pockets looked as if a struggle
had taken place. To add to the mystery ono
lubber 01 oveishoo was found on the floor
near the other ai tides aud the other was on
his loot. At liisl Iho theory of suicide was
advanced , but attet wauls It be
came \cry atipaient that foul
numler had been committed. All
dav the tragedy lias been tlio theme of dlt , <
cussion and excitement has run high. Tim
coroner impanncled n jury at 2 o'clock this
afternoon and the work of taking testimony
Is still going on at' ) p. m. , with the mystery
still ensliiouded. Dr. Todd was In the wholesale - -
sale fruit commission business and cnitird
on an extensive jobbing ti.ule. Ho was n
man of bonjiuit , jovial disposition , of cheer-
lul toinnciainent and happy rela-
lions. ills business was piospcr-
ous nnd ho had nothing to disturb
his happiness , so ilmt all motive tor suicide
is utleily wantlnc. The general opinion
seems to he that ho was murdered and car-
lied into the iclrigeintoi loom nnd let t there.
Nocidlcl In Ihe liiqucsl will be leached lot
a day 01 two piobably , ns the mystery seems
nt present impenetrable.
Til 13 IVKCK IN WALJj bl'IMSKT.
A Substantial Improvement Noted on
tlio Stock KxeliiiMiro.
Nr.w YOKIC , Feb. 13. | Special Telegram to
the lii,1 ) : : There was a substantial improve
ment In the slock exchange during thu week
all classes of scctiiitles having shown mora
btiength than for n long time past , Tha
handsome i espouse of London on Monday
to the sharp rise heio Satuiday , following
the signing of the inler-st.itij commerce act
by Piesldcut Cleveland , gave a utrong Im
petus to thn upward movement , which was
nftctwatd accoleiated by the continued ,
peaceful view of the situation on European
bouiscs , several attempts lo settle the lobo *
strikes on this side , negotiations bttbccn thq
Paclhc Mall nnd Panama companies , thu
olltclal piolong.Ulon of the Nickel Plato re-
otganl/atlon plan , the passa o of Iho Oregon.
Navigation line bill by both branches it
thu Oregon loglslatmo , the ciroiU inndo
lo adjust Iho differences between
Iho holdcts of scrip nnd the Kansas
& Texas company and the favorable tinl ( ! < j
returns reimited by a laigu nuinbci ot toads ,
Oulsldu of Iho Invornblo inllucnccs heiq
cnnmerntcd , a very potent factor conduclvti
to n higher rani'o of values was the return In
the active support ol the maiKet of n niiinbu
of old bull lendcis who sold out their slocku
befoin and dining the December bicak In
pi ices , and who theicalier tookcompnralivoly
little Interest In speculation. The formation
ot pools literally followed tlio advent of thcsu
leaders nnd St. Paul , Noithwestern. .leisuy
Central , I/ickawnnna , Pnclilc Mall , Heading ,
and Krlu were Inoiuht piomlnently to thu
front Operations in tlioso Miarcs did much
to encourage thu bull feeling , which spread
ns the week wore aloiu and tended-
to widen the area of speculation , Tin
iipw.ud eoiuse of pilces biillered very
llttlii check until ncnt thi < close , when It be-
cnnin appaitml thai considerable realisation
had taken phuunnd that U was pait of the
plan ot eurient manipulation to lei the mar
ket oil HO an to Invltii those to cumu In who
had previously tallied thiough lack ot talth
In thu genuine bull movement. The leaderu
who am working for an advance proless ta
boln for a long campaign , but of eomsu
events In the future will him-ly determine
their action In that rcg.ird. Hear * , both hctu
and In Lond'in , coveu'd up heavily and of-
fercdbut llttl reslsteiico to thu ilslng ten *
dency until speculation began to
halt , when they hammered thn
list nnd put out fresh short
lines on the Idea ( hut pi lees lind advanced
too rapidly and ought lo react mom. They
arn now genciall ) looking to nn expoit nt
gold to help them out , being encouraged by
tlio hrmncbs of exchange nnd tlm close piox-
Imlty of ruling rates to shlppliu pnlnts.
London alternate ! ) boujit and sold , but
after dealings cail > In thu week the Influence
of the foreign mo > ementgradually diereased.
Thendutnu ) In piices Moio any material
icnction ensued ranged fiom 1 to ri'.f points
und pretty much everjiniiiK participated
in the Improvement. The movements
In inlhond bonds went moio Impoilaiit than
during tlio previous week , but the interest
centeied vir ) largely In the Issues of roada
which lire already In pie icss of icorginl/n-
lion or hid laii to he nt an earlj date. Gov
ernments wete strong and n fraction higher.
I'oielgn exchange ruled Hun. and rates
throughout ( ho week weio well malntn/ued.
Commercial bills weio in light supply , and
thu demand foi Imuoiterb was Millielent to
absorb thc > -o. One lot of 3(0,000 ( gold wont
forward , but It WHS a special tuinsaetiou ,
nnd being so understood , had no poiccpliblu.
elftct on valueu. The monetary sltiiutlou
wnseasy.
Nilri-.sku ! and Iowa Wcailtor.
KOI Nebraska and Jowa ; Lu U rains qr
BUOW , lower tcnijieiature. .