THE OMAHA DAILY BEE : WEDNESDAY. JANUARY 7. 1891. THE LOCAL RAILROAD WAR , Attorneys Smith and Thuiston Present the Union Pacific Eitlo of the Oaso. THE MILWAUKEE'S CONTRACT REVO/ED / , K l DIuUlnsonnRGrncrnlKtiprrlntcml- * enl of tlio Union I'noiflu Work in ilio No-xv Depot Drop * Dead head n , At the morning's session of tbo Wllwixukeo- Union 1'nclflo Injunction cuso In the federal court the attendance \vaa even larger than Monday. Among these { present \veru noticed Juduo Clurkson of tlio district coin-Unit T'.ionm L , . Kliubnll. After hearing n few minor mnttni.i Jiidgo Dundy directed the defense to proceed with Uiolr nix'ii incut , Mr. K. 1 > . Smith , assistant general attor ney of the Union I'.tcillo In Nebraska , opened the argument. IIo said that , after tlio nblo argument of Mr. Popplcton , ho should nppro.ich the c.iso tremulously , If Itwoio not that ho felt strong In the con- Dclnu.siicss of rl'ht. ( Ilu know that ho was opposing counsel of national reputation , but ho felt tlmt the cimio ho supported was a just one , nnd ho wai cncouriiged by the inowloj'o : that right must prevail. "Wliut Is thcro In this WHO , your honor , to cause It to bo taken out of a court of liiw which c.ui f-ivo full anil nmplc compensation , to n court of equity which rutinot pivo such rcllofi 'J'hero la no evidence to slmw that the Union Pacific is unable to meet nny judgment wliieh might bo obtnlned ngulnstit , tlicrcforo the plaintiffs in tills ac tion have a full remedy ai law for a violation of the contract nud have no cause to s > cok ro- llof at the bands of a court of equity. " Mr. Smith then said that , comliiB to the nclual question In the ca&o , tbo Union I'aclllc was merely the acent of ttio government. Quoting from the procccdliiBS of tlio Wisconsin courts to show that the corporations can not innlco contracts in violation of their chart ers , lie tool ; up the charter of thu Union 1'a- tlllc , claiming that it sti'nveil that the road was built for the imrposo of bind ing the Atlantic to the I'.icltlc , thereby keeping tlio Pacific status within the union , and also for uostal nnd military purposes. By the net of July 1 , IMi'J , the Union 1'acllic was created a corporation nnd authorized to locate , tiulld , occupy nnd enjoy a continuous line of railtoad not , ho claimed , to enjoy the road In common with someother corpor.ition or Individual , but to occunr and , enjoy It exclusively. One section of the charter authorized the construction of nslii- plollnoot track from the western boundary of Iowa , nnd the eastern terminus was there by fixed at the eastern IMU'C ni' the Missouri river , not ono mid a half miles toiith on the west bank , nnd no one hud the right to move that terminus ono Inch west of the cast bank of the river. Tlio speaker tberoforo held that the eastern terminus of the roud v/as la Council 15Ultra and that the bridge was a part of tlio line of the road the same an though the river was not thorn unit the rend ran across the prairie dlrcctlv to Council IHuffs. Ho quoted from a decision of the supreme court in support of his posi tion on Mils point. Another scetlon of the charter was read which Mated that the object of the roatl WASte to promote the public interest and welfare and to sccaro to the government at nil times the uses and benefits of the road for postal and military purposes. All this , it Wi n claimed , was incousistrat with "ftfvlng to the Milwaukee the use of the bridge or any other part of the road. It was made tkoflpcclil duty of the road to transmit dls- 'patchos , troops , munitions of war , etc. , and 110 part of this duty would bo delegated to another road Continuing , the speaker said the act au thorising the construction of the bridge con templated its construction for tlio conven ience of ttio road as a means of crossing the river and not as a convenience for other roads. Counsel referred very briefly to the ques tion of tolls , quoting from the act authoriz ing tbo construction of the bridge , which KUVO tlio company the right to collect tolls from wagons , etc. Ho held that this sup ported the position ' of the road In the present case. Koforring again to the charter of the road , - Mr. Smith suid the Union I'uciflc was given the power to m.ilco / by-laws , and the said by-laws gives the board of. directors of the road control over all its property to administer the same , as agent of the government , as required by the charter , but without going outside of the provisions of the charter. Those iwwers , ho claimed , were granted for publlo and not for private purposes. The corporation was only the agent fur tlio government ; It liiul no author ity to tie up the road for WO years. No one would say what might happen In that time. It was practically turning thu road over to the Milwaukee permanently.'If the directors Niould tin up a part of tbo road In that way they could do the samu thing with all of It. Without distinctive logishitivo authority they would not convoy or lease auy franchise or property. Referring again to the contract Mr. Smith Insisted on calling it a lease nnd stated that an old principle of law allowed the parties tea a contract to put thelrown construction on It nud the four Us uphold them in It. Tlio lease lu controversy gave a foreign corporation the right to run over ana occupy the line of the Union Pacillo for M9 years. This was practically nn unending contract except at the will of the Milwaukee , which had the right to a ri'leaso from It by giving throe years' tiotlco , but the Union Pndlio was held last and was given no power to revoke the leaso. Ho denied that the Union Pilcillo retained full nud complete control of the road and Irldgo. The Milwaukee road was bound to puy a proportion of the operating expenses aim the tiino cards , and the run ning of the rend was' to bo decided upon by both parties to the contract. Ho quoted ftilly from the contract to support thcso statements. Concluding. Mr. Smith demanded to know what rights the directors had to renounce the i Ights of the government and surrender the tracks of the road to another corporation. Thorn u-as no necessity for stop ping at ono mile. They might as will make a contract for ton miles us for ono mlle and so on to the end of the road. Thcro was nothing to prevent the Milwaukee from huilding elevators along the line of the Union Pacific nnd putting In stdotracks of Its own. The Milwaukee pretended that there was business in South Omaha , whlcti it wanted to roach. The Riicakur held that it was the duty ot the Union Purl Ilu to got that business for itself. In conclusion , Mr. Smith held tlmt the Union Pacltlo hail no right to make such n contract , and that the Milwaukee had no morn right to transgress the law than had the Union 1'acillc. Ho charged that the at torneys on the other side knew that thu law was being violated , and that the men wtio made the contract wore violating their obli gations. The speaker claimed that there was no ground for pleading tbo doctruio of estoppel in ttio United States court , and wound up by quoting numcrousi nuthorltlus to show that the company had no right to burrcudcr the control of Its rord. At the conclusion of Mr. Smith's argument court was adjourned until 'J o'clock. When court opened In the afternoon John M. Thurston lookup and continued the ar gument on the part of the defense. IIo sold ho had never realized so strongly that be was an ndvocnto us when ho con fronted ttio distinguished counsel now before him. Ho was sorry , ho said , for some re marks which Mr. Popplaton bad made lu his argument. If sJrungcrs had rome in while tbo gentleman was talking they would have supposed that an Indignation meeting was In progress , In which the citizens were giving iull rein to express their feelings against a common evil. Inspltonf his admission that the contract was properly signed , Mr. Pop- hud dovotea one-third of his ploton fully - ar gument to show Its validity. Plunging nt once Into bis subject , Mr. Thuritou said there was no provision In the chatter compelling the Union Pacillo to con nect with any other road ut Council Bluffs or at any other point , except under direction of tl.o United States , both as toplucoaiul terms. This clause had been inserted in the charter , lie said , to prevent the Union Pacillo from frittering away its rights , and to pluco It di rectly under the control of the government lu case of war. DHo Insisted that the rules on which the case uiust bo decided were finally settled. _ _ _ MMMHHHMMV1 The law on which the case rested was that the charter of n corporation Is the measure of Its power , and tlmt tbo enumeration of these powers Implied the exclusion of nil others , Unless the other sldo showed sotno provision authorizing such a contract as the ono in question , it was void and ultra vires. The speaker took It for granted that tbo other side would admit that the Union Pacllle would not turn over to tbo Milwaukee or nny other corporation the right to operate Its road from Council Bluffs to Ofcrden , or oven to Cheyenne4 Fremont , but they snld. In effect , that they had taken such n , little of the road that it was all right. Taking up the contract in question , Mr. Thurston claimed It was a contract for the wo ot ten miles or the main line of the Union Pacific road. It was not a contract for termi nal facilities , bnt was a coniicctlnit link whereby the Milwaukee road might use ten miles of the .rack of the Union Pacific to reach the point vhoro the Koelc Island tapped the Union Pa- : lllc , thus giving the Milwaukee nnd Hock slnnd a through line through a country now iccupled by the Union 1'aolllc. If there was ho power to grant a contract for the use of ho ten mile < < of the Union Pnclllc , what was D prevent the latter from | 1Ing to ono or n .o/cn . roads the use of the whole read ! Ho stated In reply to Mr. Poppletou's quov lon of what would become of Omaha If the lonlrnct was abrogated , that the execution of .his contract would place three dictators over ho bridge and would prevent the Union Pa- ilflc from granting thoilcht to liny other road o eonio into Omaha over the bridge , and vould elleetually shut out nl ! other e.wlern oads. Kofcrrlng to the contract , Mr. Thurston iharged thrit It was n least1 , In which the illl'vaukeo nnd UnionPacllic were to have ho joint use of thb track. The latter was Hvcsted of all power over the movements of ho former's trains , nnd was bound to bo governed bv the former in the movement of ts own trains. It had surrendered the right .o run its trains and collect tolls , , vhlch It clearly hud no right to do. This action of the roads Mr. Thurston 11- ustratcd by saying that It was the same as .hough the Union Pacillo had a cow nnd ; ilaced two of her teats in the hands of the lock Island , and two In the hands of the Mll- , vuukco , Judging from the present cnso the , wo latter ro.nls would say the Union Pa- : lllc still had the cow. "Would you deny that you got nny of the nllk. " asked Mr. Popplcton. "If wo got any H would bo skimmed milk f the poorest kind , " retorted Mr. Thurston. Counsel on both sides then Indulged in sev- val minutes of repartee which caused gen- ral laughter. Ucsuinlng , Mr. Thurston pursued the same Ino of argument , namely , that the Union I'aclflc had no moro right to give to the Mil waukee the right to operate ten miles of its road than It had to turn over the whole road , ile romaikud that If the Milwaukee had pro posed to turn over to the Union Pacllic all the tolls collected lor passengers nnd freight on the ten miles in question the latter might bo .satlsllcd. Mr. Thurston then took up the authorities presented by Mr. Popplcton m Ins nrcumcnt , nnd claimed in each case that the findings of the court were capable of a construction dif ferent from that placed upon them. In eumm'ng up , Mr. Thurslon said It was very evident that the Union Pacillo had no power to make such a contract as the one in question. Ho then referred to the charge that the Union Pnelllc was In contempt nnd had no standing in court. Ho said the plaintiffs ad mitted that they had no lease , and consequently quently they were merely running their trains over the defendant's tracks. Thu Union Pa- cillo had tuUon advantage of u tlmo when no cars of the Milwaukee were on the ten miles of track lu question and simply locked the plaintiff out. IIo therefore held that the Union Pacillo was not in contempt of the United States or any other court , as thu net of barring out the Milwaukee had been per formed before the issuance of the order by Judge Doano , which order had not been violated lated since the removal of the case to tbo United States court. Mr. Thurston stated further that there was no claim that thu Union Pacific had taken or held a dollar's worth of the Milwaukee's ' property , or had used any violence. IIo tlfcn read an opinion of the supreme court in a .similar case In which the court held that there was no power to compel a party to a void contract to abide by the terms of the contract when it saw fit not to do so. This , ho claimed , was an opinion bearing directly upon the present case , and ho charged that the other side was seeking to have the court compel the execution of a void contract , for tbo reason that the Union Pa cific hud submitted to it for a certain time. IIo held that the action for contempt could not bo , as the contract was void nnd the Union Pacllic was not bound to abide by Its promises. Mr. Thurston dwelt at length on the fact that all the conditions of the con tract changed except the compensation. The country would Improve , the business would Increase , nnd , in fact , everything would grow except thu price for the use of the road , In closing , Mr , Thurston repeated that the case hinged upon the point of whether the Union Pacific had the right to turn over to another corporation oven the smallest part of the road. IJcrorrliig to the statement of Mr. Popple- ton , that the abrogation of the contract would operate to the disadvantage of the city of Omaha , Mr. Tnurston said ho might say that the carrying out of the con tract would bo the worst thing which could happen the city , as it would prevent the Union Paclflo from eycr allowing eastern roads to enter the union depot , as it would bo bound to the Milwaukee and Hock Island roads and could not do anything with out the consent of both. Mr. Woolworth hero asked Mr. Thurston how his company proposed to contract to admit eastern roads Into the union depot over tbo tracks and bridco of thu Union Pacific , Mr. Tlnirston replied that ho did not think his company had the power to make such a contract. Being asked by Mr. Popplctou If the Union Pacific would comply witti the ordinance of the city and the condition under which tbo bonds were voted for the viaduct , Mr. Thurs- ton expressed the opinion that the company hud no legal right to make nny such a con tract , but he had no doubt that it would be able to give sulllciont bond to guarantee catn- pllnneo with the terms of the agreement re garding the admission of other i-oads to the depot. Continuing , ho said that In his opin ion it would bo the best thing for the Union Pacific If the proceedings now being bad , to prevent the delivery of the bonds , were suc cessful : it would bo to the advantage of the Union Pacific company. Bringing up the question of contempt ngnln , Mr. Tburston quoted authorities to show that the power of an equity court to punish for contempt was limited to the pun ishment of a disobedience of an order of that court , and not an order ot some other court. Also that the power of the court was limited to the acts committed after the order was Issued , llo therefore.'held that , as no order had been issued by the United Stntos court , the Union Pacltlo could not bo in contempt In that court. This closed the argument for the dofcnso , and Judge Woolworth will roplv for the plaintiff this morning. mCKlNSO.N CALLED HACK. IIo Can Ho General Siipcrlntonilont ot the Union 1'aoiflo Hull Notes. Ed Dickinson can have the general super- Intendcncy of the Union Pacillo under S. H. II. Clark if ho wants it. A report recently given currency , that Dickinson has been tendered the position , has been confirmed , nnd the matter nan rests with him nnd the chances uro that ho will accept the offer. Gradually the local oftlclals are beginning to learn of the plan of Gould and Clark for the management of the system. Quo of the headquarters men , In authority , outlines the plan as follows : "Clark will bo made first vloo president nt the annual meeting In May and Mr. Holcomb will become general manager. A genera : superintendent will bo appointed with full charga of the operatingdopn.rtmcnt.a general tratlia manager with authority In all matters pertaining to trafllo affairs and a division superintendent to succeed the present general - oral managers of the various divisions. "Tho coal and stone departments now under two general managers will be abolished as separate institutions nnd transferred to the traffic department. This will lot Tcb belts and Hho.idos out. "Thomas L. Klinball , ono of the best trnulo mon lit the country , can bo general trafllo manager If ho will hnvo the position. IIo Ls getting along lu years and iiiuv uut want to cugago in such an actlvo position , still tbo work Is to his llklug and ho may accept it , " Work on tlio Union Depot. The architects of the now union dope have prepared a statement of the money ex pondod on the construction of the now union depot. It shows that , exclusive of work on the viaduct thcro have boon $ I5'J,000 expended ou the depot , or &tX)0 ( ) moro than the amount required by the company1 ! contract with the city as a preliminary to the sunvitdorof the In bonds to the company. Dropping tlio Dead-Mends. Some persons who were wont to revel In free railroad passes will not revel so much us usual this year. The recent agreement en tered Into between the differ jnt western lines will bo strictly maintained , C5oncr-.il Manager St , John of the Uock Island having been se lected to see that the agreement Is enforced. Mr. St. John has appointed E. P. Ill ploy , W. II. Newman nnd M. C. Murkhatn to assist him in the work. The agreement says that annual or ttmo transportation shall not bo Is sued to olllccrs of the Grand Army or dons of Veterans or to olllcor.s of the relief corps of cither organization. No passes will bo Is sued to employes of foreign ro.ids except upon requests of officers , and half-faro per mits will bo limited to the ntuto In which the requests for them nro make. The lines also agreed to Issue no passes to the world's ' fair commissioners or olllolnls of street railways or cable companies. N'otos mid lcr < wimln. W. D. Sanborn , Pacific coast agent of the nuriington , is In the city. Assistant General Passenger Agent Scott of the Union Pacific and ( Jcnc-ml Passenger Agent Francis of the Burlington nro lu Chicago cage attending a meeting of the Western passenger association , Tin ) following certificate excursion rates have been authorized : National farmers' nl- llanco , Omaha. Neb. , January 2 * to 2 $ : Na tional Association Master Composition Hoof ers , Plttsburg , Pa. , January UT to JS ; Na tional Association of Uuildors , Now York city. February 8 to 13. It Is now prnb.iblo that the troubles exist ing between the Chicago , St. Paul it Kansas City and the Kansas City , St. Joseph & Coun cil 1 1 lulls railroads will bo amicably settled , ami that in a lew days the St. Paul road will bo running Its trains into the St. Joseph union depot over the tracks of the Kansas City , St. Joseph. & Council HlulTs road. * A weak back , with a weary , achlr.g lamu- ess over the hips , is n sign of diseased kid- eys. Use the best kidney curative known , vhich is iiurdock blood bitters. MIOPOSISl ) UIIODK. MONUMENT. Communication from Mayor Cnsh- In on tlio Sul'jf-ot. In support of the proposition to erect a nonumont to the memory of General Gcorgo . Crook , Mayor Cushlng has transmitted no following letter to the city council : OMAHA , Jan. f . To the Honorable Olty Council , Gentlemen : I would respcet- elly suggest thu appointment of u coiu- iltfo subject to vour approval , com insfd of tlio following nainoil gentlemen. lessrs. John S. Collins , J. A. CrcUhton , O.V. . > lnlnger , J. M. Woohvoitli and Ucnrgu I' . Mll- cr , to draft plans imd specifications and nnt > - nlt them to you for approval together with ho probable cost. The work of this commlt- eu will bo toiiikolntocoimldorntlon tboorco- lon of a suitable monument In some tit placu n our city for Instance JolIVrson Rnunre to ominvinorato the life nud services ot the late General ( Jcorgc Ciook. It Is needless to say In this connection that ip.irt doiii tlio debt of gratitude thu entire oimtiy ewes ( Jcnural Crook for his distin guished snrvlces ns patriot uml soldier the citizens of Omaha are tinder Hpeelul obllga- liins tolilni. To his tnicquuled courage and sagacity tire we Indebted for tbo I'stubllsb- nentot peactt and hceuilty tbroiignout tbo joidors of 'bo grout west In the pnst which made possible the mnrvulnus growth that In spires the prosperity ami greatness of our city. Hero , too , In our midst lie passed many yenraof IIH ! life , stnmirly Identified In thought md sympathy with nil our concerns. It beorns to we , therefore , peculiarly proper .hat we should In tlio manner siiKcosloU evl- lenuoour appreciation of his great service : that wo .should In fitting form commemorate its gallant deeds , and I bollovo ourulTnrts \\lll moot , the hourly and substantial support of the people ot our city. I iisk thu hearty cooperation of the council n this undertaking , vurv respectfully It , 0. ( Jusiiimi , Mt nyor. Mountains of Coking Coal. There nro mountains of excellent coking coal , and two largo iron Holds at Trinidad , Col. Tickets nt lowest rates and su porlor iccommodntlona via the great Rock Island route Ticket ollico , 1002 Six teenth and Fnrntim streets Omaha. Tlio License Itnnril. The flro and police commission mot yester day afternoon as n license board and granted licenses to the following saloonkeepers : John Morrissey , 724 South Thirteenth street ; Charles A. Kohlmovor , 1302 Dodge street ; Frank O'Kourko ' , 2OJO North Sixteenth street ; Gotlelb Wuotrisch , 17:23 : St. Mary's ' avenue i Henry Kohlff , 2050 Poppleton avenue - nuo ; F. J. Kaspor , 1423 South Thirteenth street ; Thomas Gumming * , ! iH : Sherman avonua. A license was refused August Schultz , at 123 North Eleventh street , on the grounds that ho had kept a tough and disorderly Dlueo nnd hud violated the Sunday closing law. ] There was a protest in the case of Charles Nleber , who keeps a saloon nt the corner of Tenth and Capitol avenue. .Tho complaint was to ttio effect that Mr. Nleber keeps his windows obstructed by blinds , and that ho bad violated the Sunday closing law. Ser geants Slgwnrt nnd Whalen stated to the board that they saw men going In and out of the back door of Nclber's saloon at 1:30 : ono Saturday night in October , 18W. Mr. Niober's ' cortlflcats of publication furnished by the World-Herald was put upon the rack tdso for the reason that It did not state that the publi cation had been in the paper having the largest circulation. Some members of the board wanted to hold the applicant strictly to the requirements of the law and demand that his saloon tiotlco bo published In TUB Hni : , as the question of circulation hud been fully determined and the board had de cided to accept no ccrtlllcatcs of publication excepting those from Tin : HER ; but other members of tlio board claimed that Mr. Ncl- borlmd inserted his notice in the World-Her ald In good faith , believing , no doubt , that ho was nd vertising In the paper of the largest circulation , nnd seeing that the matter had not been definitely decided by the board at the tlmo Mr. Noiber Inserted his notice , the , board decided to accept his ccrtlficato as a fulfillment of the law. In the case of frank O'Hourko , 2020 North Sixteenth street , thcro was n protest filed which stated that several men had been seen m there on Sunday during the month of De cember lost engaged In a game of cards , The board took the case under advisement and ad journed to meet ut S p. m. today. 1C02. Sixteenth nnd Parnara streets ia the now Rock Island ticket ollico. Tickets - ots to all points cast at lowest rates. An Insurnnoo Suit. The case of the state against tho" Nebraska flro Insurance company , sprung by Mr , Johnson of the Phoenix company , was called yesterday In police court. After Morlurty had Introduced ovtdcnco to show that the company had never complied with the law nnd several members of the company had been examined upon the filing of the articles of incorporation and other documents , Mr. Hall surprised the plaintiff in tbo case by submitting a certificate from the auditor stating that the stock of the com pany had been examined and found satis factory , nnd authorizing the company to pro ceed with business. Morlarty still maintained , however , after recovering from his surprise , that the com pany had never filed n uortltlcato with the auditor showing that the capital stock was tbo bona lido property of the company. Mr. Hall claimed that such n thing would bo absurd after the auditor had stated that the evidence of capital stock was satisfac tory. Upon this point Judiro Holsley said ho should take some tlmo to dccldo , and the case will rest until the Judge has tlmo to look the matter up and reach n decision. The itching of the scalp , falling off of the hair , resulting In baldness , are Often caused by dandruff , which may bo cured by using Hull's Hair Henowcr. Tlio only railroad tram out of Omohn run expressly for the accommodation ot Omaha , Council Bluffs , DOH Molnos and Chicago buBlnosa ia the Kook Island vos- tlbulod Hmitod , leaving Onmha nt 4:30 : p. m. dully. Ticket ollico , 1002 Sixteenth and Furnum fits. , Ouiaha , rnnii Tin ? TTrMINIMI , 'ROM ' THE STATE CAPllAL , Charles E. Johnson , ' 'Under Sentence of Death , Appeals tb'tho Supreme Court , A MANDAMUS SERVED ON THE GOVERNOR , i i riio Lavender O.IHO llovlvnd In tlio District Court Suiiroino Court Proceedings--liiilinn Notes Ltnooln News. LINCOLN , Neb. , Jan. G. [ Spoclal to TUB Br.n. ] Charles E. Johnson of Kcraaha county , who Is nndor soutcnco of death for murdering James White-man Juno 10 , np- periled his case today to the supreme court. This is equivalent to a stay of execution and the ttmo of hanging will bo indefinitely post- potted until the court passes on the matter , inn oovnusoii MANDAMUSCD. Charles S. Loblngor , bailiff of the supreme court , served a peremptory writ of manda mus this afternoon on Governor Thnyor , Sec retary of Stnto Cowelcry , Auditor Ilottton and State Treasurer Hill and the board of stnto canvassers , commanding them to as semble at oucu and count the votes cast In election for Judge of the Sixth Judicial dis trict. INDIAN WAll JCOTHS. Max B.Vertclof CroukstonCherry county , writes to Kepresontativo Free that the people ple Iti that section uru nearly scared to death , nnd arc leaving in largo number * . IIi < urges Mr. Free to sou the governor , nud If possible secure arms for the citizens. Governor Thayer" says that ho has received so many otters of military assistance that ho tlnds himself unable to acknowledge eich olTcr Individually , and asks tlmt the press tbank the gentlemen for their kindness. The govern or says thai bo cannot USD all the help offered , as ho has not the military equip- iiu'tits necessary. Dispatches received today from Uov. George W. Martin , who Is nt Hushvllle , show thai the condition of tlio terror-stricken settlers who have Hod into the towns for protection from tlio Indians Is as precarious us ever. Adjutant General Cole has received a tele- pram from the adjutant general of Iowa suy- Ing that in response to ttio appeal of F. J. Koseneranz , sheriff of Sheridan county , to Governor Holes of Iowa , that ho loan the citi zens of Hiishvillo what ritles tlioy had to spare , that tlio request hud been granted. All formalities were waived on uccountof the urgency of the case , and thirty-eight stands of arms had boon sent to Hosencr.ms. Gov ernor Holes says tlmt ho has more to spare if desired. The citizens of Gandy. In Logan county , have been authorized by Governor Thayer to orgnnlzo an Independent military company for the purpose of bearing arms for drilling. GOVCUNOK THAIEll'S HKPLY TO TUB CAIir.TS. In reply to the offer of Lieutenant T.V. . Grimth nud the battalion of the university cadets to go to the front for the protection of the settlers , Govurnor.Tlmyur says : "I fully appreciate the patriotic spirit which prompts jourself and the members of the battalion of the university cadets to tender your services to tlio state for service on the frontier against the bostilo Indians and I thank you for 1U I do not at present find it necossnry to nfcppt the offer made , but If coming events requite the aid of volun teers , your battalion may bo called in the field.1' ' surnE.ys COUKT. Court met pursuant to adjournment , Tues day , January 0. The following gentlemen wore admitted to practice : E. J. Moore , osii. , of Johnson county ; J. A , Van Orsdel , nsq. , of Gage county ; Hemati U. Carter of Lou p county. ' Thompson vs Richardson drug company. Leave given plaintiff to tile additional tran script. Aultman vs' Bchulc , continued. Colby vs Parker dismissed. Motions wore argued and submitted in fol lowing causes : Straubo vs Cfuoncy , Howard vs Stewart. The following causes were argued and sub mitted ; Ackormuu vs Hrynu , Staker vs Bo- golc , Bull vs Wagner , State vs ClilchesUir , HIco vs Goruin. Two cases. Court ad journed to Wednesday , January 7,1891 , at 8:30 : o'clock a. m. State of Nebraska , ex rel , Brown vs Me- Peak. Mnndamus. Writ allowed. Opinion by Justice Maxwell. Halgor vs State. Error from Saline county. Afllrmea. Opinion by Justice Norvul. TUB LAVr.XDI-.U CA8U ISEVIVCI ) . Luke Lavender brought , suit In the dis trict court , today against C. B. Skinner , claiming that the latter had defrauded him out of $1,200. Lavender was formerly a largo laiul owner In Lincoln , but was sold out under foreclosure. Ho managed to secure enough to rodemu part of the land , but Henry Atkins , U. G. Courtney , J. H. McMurtry and others who were the purchasers delegated Skinner to buy Lavender's claims. Laven der now claims that Skinner didn't pay him all that was sent , hence this suit. WISK suun. Ilcillicad & Co. of Des Moincs brought suit in the district court today against David Wlso nnd M. M. Lyon. They claim that Wise nnd Lyon. owners of a book store In this city , have conspired to defraud thorn out of a claim they have against ttio estate of I. C. Wise , who , they suy , was a member of the nrm when ho died , a statement which is de nied by the present owners. They ask for an order of the court compelling the sale of the sloro and the payment of tlioir claim and a temporary injunction restraining Wise from selling the same. Their claim is for $427.23. ADDS UI9 rilOTKST , IIov. Ludden of the state relief committee adds his protest to others against the insinua tions in the World-Herald that Governor Thayorwas manifcstlnganlntcrestin the suf- fcringjrarmerslincrcly for sclllsh political pur poses. "I have seen the tears coursing down the governor's checks , . " says he , < % as ho read the touching appeals for help. His interest In the matter has been a fatherly one. Ho lias turned over all the letters received by him on the condition of the farmers in various sections nnd has not in any way , as fur as Know , stooped to political buncombe. " A OAMI ! OF 1'llCEZi : OUT. George C. Shroyer complains tothodlstrict court that Clarkson'lils , paitner in the Clark- son laundry company , Is endeavoring to freeze him out by taking largo amounts of the firm's cash and applying it to his own use , has manipulated the books and circulated re ports derogatory to the firm's ' credit. Ho wants a receiver appointed , and Clurltson hi compelled to pay him $1,200. HEAT Tin : IUXKBIU. This morning the cashier of the Bank 0 Bennct caused the issuance of a warrant for the arrest of Charles B. PInrco on the charge of getting money under false pretenses. It is alleged that Pierce seeured a loan of $75 by representing tlmt homrficd certain chattels to which ho had no chum whatever. A MINIS hut' SUKI > . Itov. Hewitt , pastor bf the Holy Trinity church , Is the victim ( if a law suit in Justice Brown's court today. iUho person bringing the action is Photographer GuywIU o Omaha , and the fuss'lst'ovcr a matter of $10 Itappour.s that Guywitz prepared a dozer photographs of the interior of Holy Trinity church , but the worji on the pictures was not up to the standard'othat ' Hov , Hewitt ex pooled , nnd ho decline - either to receive tin pictures or pay the t\l \ ) charges. Hence thi suit. " STATi : IIOUSK NOTES. Articles of incorporation ot the following Nebraska cntcrprises..wuro recolvod today hj the secretary of state ! The Dawes business block company of Llncbln , capital stock $ J ( MM ) . The Pride of Georgia gold tnino com pany of Weeping Water , capital stock $ ! 250,000 , ttio place to bo worked for the pro clous metal Doing in Lumnkln county , Go , Barren of Valhalla , Ponca lodge , a secret am' hunoliclnl society at I'ouca. Today Governor Thayer Issued the follow * ing notarial appointments : Forrest P. Kroltz , Lexington ; G. E. Moore. PI Hey ; Charles Blakoley , Beatrice ; Michael Lyons , Kmmett Sandy G. Clark , Lincoln ; E. L. Stout , Lin colni , John Tongue , Stromsburir ; W. A. Mat toson , Osmond ; C. L. Kiclmrds , Hebron , PntcntH to Western liivontnm. WASHINGTON , Jan. 0. [ Special Telegram to TUB BEE. ] Patents were Issued to the following Inventors today : Nebraska David E Summer , Franklin , cleaning composition. Iowa Christopher C. F. Brandt , Musca- tine , enamelling photographs and other prints ; Benjamin Cl , Diatom. Waterloo , on vclopo ; Andrew Chczcm , assignor of ono-hnlf to A , J. nimtloy.ScrFO.mtR Bluffs , brldlo at tachment ; John J , Cook , Columbus Junction , cmipnto fattening ; GootvoE. i'lon , Deacon , wlroivcl ; Danlol A. Keen , Kaglo Urovo , baling press ; Lcvl B. Lane.Hter , Mnsslllion , planter ; Horatio B. Morrison. Brill , rock reamer ; HIco Hauler nnd C.V. . Wclnlnncl , PrlniKlmr , running ge.ir for vehicles ; John H. Wbltnker , Davenport , horse training har ness ; John H. Whltaker. Davenport , roud cart ; Matthew Wilson , Morrison , ditching machine. South Dakota-Charles A. Oslrom , 11. H , Tliullson nnd S. C. Wampler , Custcr City , clothes pin. Nebraska ami IOWA Pension * . WASHINGTON , Jan. 0. [ Special Telctrram to Tun BrE.J Pensions were granted today to the following Ncbraskans : Original Ahram Wampols , Onl ; Thomas Copeland , IMller ; Joseph B. Bnllarmnn , Nebraska City ; Jacob Bennett , Lincoln ; William llnckhum , Okay. Aadltinn.il Tlio mm Fisher , Kear ney ; Lnno Hlco , Lexington ; Clmrlos Al , Phillips , Wakollcld ; John F. M. 'food , Kear ney ; James Baker , Carroll. Helssuo and In- creaso-Gctirgo W. Llttell , Pierce ; David H. Henry , Tccumsch. lowas Original Nathaniel Allan ! , Perry ; Martin L. Williams , Council Bluffs ; Moses L. Bends , Sioux City ; Henry Cable , Grls- weld ; John J. Bufllngton , Sidem ; Joseph F. Bodnnr , Ceihir linplds ; Edward Halloy. Iowa Falls ; Hiram Carter , Sergeant Bluffs ; Thomas 1' . Brown. Delta ; Washington Boo- ton , Hamburg. Addttlonal Joseph M. Un- con , Amos. Inurciiso Calvin F. Jones , .Nashua ; George \ . McCall , Hunucllsi Ole A. Anderson , Decorah ; James E. ICobb , Newton - ton ; William Brlttnn , Bridjtowntrr ; Jnmes McMorrow. Whntcheor ; William T. Burpc , Mount Pleasant ; Joseph Kirk , Prescott. Helssuo-John Clark , Tabor : William J. IJar- rlngor. Columbus City ; Parley Inman , ( Jrin- ncll. Kolssuo and Increase -William Ilydln- gcr , Ktverton. Original widow Lettlo A. , widow of Wllliuni'A. Hnys , Scat-iborough. WHAT Wit A \ Numlior oT ClianizcR tn Spain's Tariff Iicolrnblc. M \DIUD , Jan. 0. [ Special Cablegram to THE BKE.I The statement Is m ado that in ho report presented to'tho government by .ho Cuban delegates a request Is made for the lUpprcsslon of Cuban export duties , a roduc. Ion of navigation duos mid n modification of nrlous other duties. Ills also stated that .ho delegates destro that when the question f a reciprocity treaty between Spain and iVtncrlcn relative to Cuba is discussed , the iuty on sugar imported from Cuba may not bo raised , and that in return for this the du- ) on petroleum and other American pro ducts be reduced. They also seeK a free sale for Cuban tobacco in Spain. The govern ment is closely examining the whole sub- "oct prior to entering into negotiations for a Tcaty of commerce with America. Delegates from Catalonia , the principal manufacturing province of Spain , have ar- i-ived hero to urge the right of that province M bo heard beloro the government begins : iegotiutious with the United States. Cable Germany has officially recognized the Bra zilian republic. Deaths by the Worloy , England , schoo disaster now number nine. Timothy Healy has loft Dublin to confer , vith Mr. O'Brien in Paris. Messrs , O'Brien and Gill have started from Pans for Boulogne sur Mer. The liabilities of F. E. Dubat & Son , the 'ailed Dublin bankers , are 8000,000. Emperor William has sent to the sultan of Turkey a present of a Jeweled sword. Hussia has forbidden the enrollment of Hebrews as barristers and the expulsion of those already enrolled. The body of the late Alphonso Poyran was yesterday incinerated in tlio crematory nttho cemetery of Pore la Chaise , 1'uris. Plnntilla Mnssal , an Italian author , has been arrested at Trieste for writing irre dentist articles for a Florence Journal. ThoDiarn official at Lisbon has Issued a decree announcing an extra credit of UK ) con tos of rcis for the Mozambique expedition. Ono hundred delegates , representing 1,000 societies of socialists , held n conference un der the auspices of Cipriana yesterday at Capo Lago , Switzerland. The warehouses nt the Quil San Lazzaro at Genoa were destroyed by fire yesterday. Two thousand hales of cotton were burned. Tlio total loss will bo very heavy. M. Moryo , a republican , 1ms been elected to the French chamber of deputies from Saint Four in place of M. Mary Kaymond , the absconding banker , who was unseated. A Paris paper learns that the Germans and Portuguese in East Africa are In dispute about the ownership of coal mines in ttio Hovumn district , which divides the respec tive . powers. _ _ O'Brloti Says It Wns a Fnkc. \Cop\irlQM \ \ 1801 l > n Jama Gordon Ilcnnctt. ] PAIIIS , Jan. 0. | Now York Herald Cable Special to TUB BKK. ] William O'Brien has issued the following statement : It really seems useless to talro any further notice of the inventions of a section ( I hope a very small section ) of modern Journaltstsbut I llnd it necessary to say for Just this once more that the statements attributed to mo In an alleged interview in the Now York World are pure fiction. The correspondent of the World attempted to entrap me into an inter view by telling rae that ho bad Just recolvod a telegram stating that in an Interview with a correspondent of the Now York World that morning Parnell had stated that ho was will ing to retire from the leadership of the Irish party If 1 were elected in his steud. 1 stated that I had no observation whatever to olTer on the subject. I suspected that tlio state niont made to mo by the correspondent was false , and having ascertained that it was so I declined to make any further .statement whatever. WIU.I.XM O'Biuix. : A $7i3OOOOOO , Katntc. CnicAno , Jan. 0. [ Spoclal Telegram to Tun Bin : . J Judge Kohlsaat this morning admitted to probate the will of the Into Henry Field , which distributes an cstato es > tlmatcd at $ ? J,000,000. , Letters testamentary were Issued to the widow , Mrs. ' Florence Lathrop Field , Marshall Field , a brother o testator , and Byron Lnthrop , brothcr-ln-law The cstnU ) consists chiefly ot realty , and tbo personal pioperty includes bonds , stocks , paintings , furniture , auit hoi-sea and car riacos. The testator bequeaths ยง 25,000 to each of his two sisters , Mrs. Laura Field Dlbblce and Mrs. Helen Ficljl James. Then is bequeathed to the widow the household furniture , ornaments , works of art , horses , carriages , etc. The residue of the estate is devised to the widow , Mrs. KiolO. nwl Mr. Lnthrop in trust for the children , Minna and Florence Field. Accident on a Naval Vessel. GBXOA , Jan. 0. [ Special Cablegram to Tn BEB. ] An accident which may bo attendee with fatal results has occur ml on board th now steel torpedo ram Vesuvius. From the reports which the naval otllccrs have given to the public it appears that n steam-pipe suddenly exploded , severely injuring two en gineers and fivu stokers. Further informa tion is refused , as the accident is to bo made the subject of an ofllclnl investigation on the part of tbo naval authorities. The Vesuvius Is of : ir , > : iO tons displacement , carries two twcnty-ilvo-ton guns and has 7,700 horse power. Shu was launched In 16SG. A Colored U'oinan'H Victory. RICHMOND , Vn. , Jan. 0. [ Special Telegram to Tun BKK.J Judge Blake , In the chancery court , has handed down a lengthy decision in the celebrated case of Bettlo Thomas Lewis , colored , who claimed the estate of her wnito father , W. A. Thomas , deceased , valued nt & -IOUOO. The court held that she was en titled to the property. The coso will bo taken to the supreme court. licit tlio National Club. Dunu.v , Jan. 0. [ Special Cablegram to THE BKK. ] Michael Davltt has tendered his resignation as n mcml > cr of the National club. In connection with this It Is announced that Messrs. Parnell and Harrington uro seeking 1111 election to the club. IMnnklt on I'nriioll. DunuN , Jan. 0. [ SjKicial Cablegram to TIIK DUE. ] Archbishop Plunklt , in address- Ing the Protestant alliance In reference to the Parnoll crl l , said that God In hl myste rious dealings \rns vindicating the majesty of the law ot the land In brlngitm Jviat retribu tion upon an unholy alliance , Tbo rliuwh of Homo liiul itself to blame for raising the * rcptroof nnnrchy , which Is now found hard to lay. Still Protestant * , were utinblo to re- Jok'o nt Ibo weakening of n priesthood called upon to quell the Inroads of immorality nnd anarchy. Dismissed for Want or Jurisdiction. Coxconn , N , II. , Jan. 0. Tbo closing argu ments In the case of House Clerk Jewell were made toihiy and the court dismissed tbo cnso against him on the ground of want of Juris diction. This decision leaves the entire mat ter of mnklng up the roll of the members of the hou o In .lowett's hands , nnd the ndmli- slon of "If entitled" members will result in thu election of Tuttle { republican ) for gov ernor and a republican United Status senator. The Foi-Fty the Slimier Trial ISndmi. MACOX , Gn. , Jan. 0. The Jury In the For- sytho murder trial rendered n , verdict finding Luther A. HnllCharlcs Clements nnd Wright Lancaster guilty of consplraov nnd unirdcr nnd Louts Knight and John 1C. Clark pnllty of conspiracy. James Moore was found not guilty. Tbo Jury recommended that the first thrco defendants bo Imprisoned for life. J'ASt.lt3JtAJPtli. F. J. Coil of Lvons is at the Casey. A. J. Fish of St. Louis Is nt the Murray. Holicrt W. Day of Topolu 13 at the Pax- ton. ton.H. H. O. Watson of Kearney U at the Mil- lard. II. F. Hubbard was nt the Pnxton last night. J. W. Kclloy ot Grand Island Is at the Cnscy. J. W. Kerns of Auburn Is in the city , nt the Casey. John T. Soxon of Springfield is at the Mer chants. N , B. Grldloy of Elwood was at the Casey last night 1C. O. Hico of St. Paul was nt the Pax ton last night , C. L. Smith of Chicago was at the Murray last night. John W. Carcv of Chicago ss registered at thoMillard. A. N. Brown of Beatrice li In Ilio city , at the I'axton. C. H. KingWel of Milwaukee is In the city , nt the Murray. F. E. Ted of Cleveland , O. , Is ia the city , at thoMlllnrd. W. S. New of Kansas City was nt the Mil lard last night. W. H. Denton of Tobias was at the Mer chants last night. E. L. DoJdor of Grand Island Is registered nt the Merchants. U. V. Yates of Yaukton , S. D. , Is regis tered at the Murray. H. C. Cook of Sioux City wna In the city last night , at the Merchants. Fire Ctiief Gnlllgan is rapidly recovering from his recent illness and is able to sit up for a short time daily. Unlcjs ho meets with an unexpected relapse ho will soon bo able to bo out of doors. F. A. Nash , general agent of the Milwau kee , it confined to his homo bysieknass. The Union Paftflc-Milwnukco illlllculty kept him at the transfer much of the time both day and night for the past , week , and the un due physical strain were him out. Buffalo Bill ( Hon. W. F. Cody ) returned Monday evening from allying trip to Lincoln , whcro ho went to consult with Governor Thnyer with reference to tbolndian troubles , and left ycstordav at 9 o'clock ' over the Fremont , Ellliorn & Missouri Valley for Hushvillc. Mrs. Codv is the guest of Mrs. Canfleld , 1311 North Eighteenth street , but will leave today for her homo nt North I'iatto. SWIFT'S SPECIFICS. S. S. , , _ 1 ENTIRELYOF f/IERCURIAL / RHEUMA- AFTER I WAS UV1 A D E P H Y S ICAL WRECK. D. H. LYLES , .SORENTO , ILL , fl.OOO Will. BC PAW TO Aflt WILL flHD ON ANALYSIS OF SWIFT'S SPECIFIC S. S. 3. , OHEARJICt OF MEIt- CURY , IODIDE OTfOTASfOR AM POISON OUS SUBSTANCE. I WAS CURED BYSWIFT'SSPE- CIFIC S. S. S. Of THE WORST FORM OF BLOOD POISON. D. H. KAIN , MT. VERHON. ! LL. 'VETERINARYSPECIFICS ' For Horses , Cattle , Sheep , Dogs. Horn J AND POULTHT. 800 PuffO Hook n Treatment of Animal * and C'hnrt Scut 1'rco. cunEsjFcvcrB.OonircBtlonejInflammntlon A.A.tHiilnal IHi'nliinliin , jillllc I/OVIT. Jt.ll.-.SiriiliiH , l.nmcni'HH , Hucunmtlunu < ! . < ! . --Il tenii > cr , Nimnl Ulncmrco ! . D.D. IIotH or < JruliM , Worm * . K.K. CouuIiRi Ilcnvug , Pneumonia. J'.r.-.Collc or Gripes , licllyachc. < ! . ( ! . MlncnrrlaKP. Ilomorrhimca. Il.II. Urinary nnd Kltluuy IlUcnscs. ] . I. Eruptive HIiiritvcM , IMiineo. J.Iv."JlHcuheH ol JMiicstioiii I'ariilyali * Bluglo Bottle ( over 60 doses ) , - - .00 Cituble CHHCI with FiX'clflcB. Manual , Veterinary Care Oil ana Ucdlcator , 87.00 Jnr Veterinary Cure Oil , * - 1.00 Sold bv DrnBlllsU ; or Sent Prepaid any whcro and in any quantity on Receipt of Frlco. HUMPJinEYS' MEDICINE CO , , Corner William and John Sis. , New York. In use 30 years. The only succc3 ful remedy tor Nervous Debility , Vital Weakness imj Prostration , from over-work or other causes 91 per vial , or 6 vials anil Inrce vifl powder , lor $5. HOLD IIY lncooisT8 , or ocut poatruild on r&colpt of prlav-HUMPHREYS' MEDICINE CO. , Oor. 'William and John Sta. , H. T , BLIZZARD ICE CREEPER. Theaj Adjustablu lea Creepers nt any shoe. Anyone can put them on or on1 , they are always In order , nncl you are ready for any change of weather. Agents Wanted. t-iySondoutl na of fore anil hind Bhoo. i " iLjttty K , Q A uiitia wu i uub , nny can put In a new hot , "fndli.penf.ablo. " n "r Full set M ) $3. Points , 8 Hot , SI , to ono address. Potnta , Ibot. ( lOgOo. ) hymal , S. W. Kent , Sole MTr. , Mcridim , Conn , Rub a lame back v/lth / Pond'a Extract. FOR A WRRK. We arc going to keep the ball rolling. Look at the slash in prices : COATS In ulsters , good heavy , warm and long coats , will be sold A ( M of 50 Per W. OR IN PLAIN LANGUAGE FOR $2.50. The nice genteel chinchilla overcoats that we reduced last week to $8 , have been $ branded with the ridiculously low price of $6 , We ar-e AHOUT to invoice our stock , and we are deter mined that if sizes will hold out , every overcoat in the house must be sold. We have still some of the handsomest box cut gentle men's overcoats , equal to $60 and $75 coats , made by the merchant tailors , and the prices on them are cut this week 25 per cent REMEMBER , Sink or Swim , We are in the same fix on And to quote prices on it would look too ridiculous. in print. We are selling \vin-t1 ter Underwear at 50c on the dollar. Come in and see them. Never in the history of Omaha could a man dress himself as cheaply and as good for little money as he can today at