Omaha daily bee. (Omaha [Neb.]) 187?-1922, January 07, 1891, Page 5, Image 5

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    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 § 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