THE OMAHA DAILY BE * FRIDAY , JUNE 12 , 1891.
THE BATTLE OF THE TITANS ,
Great Legal Tight Between tbo Opposing
Railroads Oommonoad.
JUDGE WITHROW'S ' STATEMENT OF FACTS ,
.Pertinent 1'rolilcinsYfTeotliiK tlio
of the Koelc Island
Good to Use tlio Union
1'fttlllo Ilrld c.
Tlio cnso of the Rock Island vs. the Union
Pacific railway company came up for final
bearing In tlio United Slates court yesterday
before Associate Justice Brmvor of tbo
United States auprotno court and District
Judge Dundy.
When court opened tbo court room was
well filled , among these present being many
prominent citizens and a numbov of attorneys
who were not directly Interested In the cnso
but wanted to witness the battle between
the big legal lights who have charge of the
case.
case.The Hock Island was represented by Gen
eral Solicitor T. F. Withrow of Chicago , M.
A. Low , general attorney for ttio Hock Island
west of the Missouri river , .1. M. Woolworth ,
A , J. I'opnloton and C. S. Montgomery of
Omaha. President Cable was nUo present.
On the siuno slUe of tlio table wcro Judge
Gary and General Solicitor John T. Fish of
Chicago , representing the Milwaukee road.
The Union Pacific was represented by
Ooncral Counsel John F. Dillon of Now
York , General Solicitor John M. Thiirston.
Assistant General Solicitor \V. K. ICullcy ,
and A. L. Williams , general attorney for
Kansas.
The largo table In the court room was com
pletely covered with the voluminous tilings ,
depositions and briefs in the case , together
with railroad maps of the country west of
Chicago and ponderous law books.
Attorneys on both sides agreed that the
hearing of the case would occupy three days
of flvo hours each , and Jndgo Brewer an
nounced tbnt ho would bo obliged to leave
thn city Saturday oveutng.
The case opened with an application by
.Tudgo Thurston for leave to fllo a stipulation
to the effect that the Hock Island had filed
articles of Incorporation in tlio olllco of the
secretary of state in Nebraska on January
4. 1880 , and also a certificate to the effect
that this was all thcro was on IIlo in that
ofllco.
This was objected to by attorneys Withrow
and Popploton on tbo cround that ainplo
time had already been given the defendants
to tlio anything they desired and the Intro
duction of any more evidence would require
farther time for tbo hearing of tlio caso.
The court ordered the case to proceed and
reserved decision on the application until it
shall bavo appeared whether such evidence
V material and necessary.
After tnls preliminary sklrmisn the case
was actually opened by Judge Withrow who
made a lengthy statement of facts , going
over the dotnlls of the contract entered into
between the Hock Island and Union Pacific.
Bo also called the attention of the court to
the map which had been presented and showed
thereon the lines ot the Hock Island and
operated lines , alluding to the magnitude of
the Interest s Involved in the suit. Ho called
the attention of the court to the fact that the
Missouri Pacific was a direct competitor of
the Hock Island in its territory west of the
Missouri river and strongly Intimated that
while the Missouri Pacific was not directly
Interested In the case on trial it would bo
Hbown before tbo case was finished that the
Missouri Pacific was largely , but Indirectly
Interested. ,
Judge Witnrow then recited the facts re
lating to the efforts of the Hock Island and
Milwaukee" roads to secure n charter for a
bridge across ttio Missouri , iu which they
were successful in February , 1890. Th'cso
two roads then commenced to make arrange
ments for going ahead with tlio bridge and
building ttiojr own main line to connect with
their western 'linos. Ho then stated at
length tbo efforts on the part of the Union
Pacific to block the move of the Hock Island
and the Milwaukee , detailing the meetings
hold by ProsldontT Adams , Vice President
Holcombnnrt Chief of Construction Cameron
of the Union Pacific , at which this move was
fully considered , and it was decided to watoh
the matter. The meetings subsequently bold
by the Union Pacific officials and the ad
vances made by emissaries of the company to
dissuade the Hock Island and Milwaukee
roads from building a now bridge , but to use
tbo Union Pacific bride and tracks between
Council Bluffs and South Omaha , at a rental
H to bo arranged , W3re recited at length.
Details of the argument over the formula
tion of the contract were gene over at length ,
and Judge Withrow assorted tliat because
Sidney Dillon , the gray-haired railroad
official , and bis assistants had boon over
reached by their sharper competitors , they
now appealed to a court of equity Jto declare
' < Unt tbo contract was not legal.
il Tlio contract was drafted iu Judge
Wlthrow's room at the Mlllard hotel in this
city and was transcribed by Judge Tburs-
tou's stenograper. This draft was In accord
ance with agreements made between the of
ficials of tbo Union Pacific and the
Hook Island and Milwaukee roads at a moot
ing held in Now York. A meeting was hold
in the directors' roo.ui at the Union Pacific
headquarters about the middle of April , 1800.
There were present , Vice President Hoi-
comb. Chief of Construction Cameron , Gou-
"cral Solicitor Thurston , Assistant General
Solicitor Kclloy , for the Union Pacific ;
President Cnblo and General Counsel
Withrow and M. A Low for the Hock Island ,
and President Miller and John M. Fish , gen
eral solicitor for the Milwaukee. The con
tract was gene over In detail and copies com
pared by these 'gentlemen. It was copied
again and agreed to the next day by all par
ties , after which it was forwarded ta Boston.
Vice President Holcomb followed the con
tract and was present at the mooting of the
executive committee of the directors on
April"IS'JO. ' . The contract was approved
by the executive committee. On April JJO
the contract was submitted to
the annual meeting of stockhold
ers at which ever uvo-thirds of the
dock wua represented. The contract was
unanimously ratified by the stockholders.
The contract was presented to the board of
the Omaha and Republican Valley road and
was ratified by the stockholders at a special
meeting bold July ! U > .
Judge Withrow then wont ever the con
tract in detail , explaining at length the interpretation -
, protation of the several clauses. Continuing
- Uo said that the Union Pucllln had entered
Into tbo performance of the contract by using' '
the trades of the Hock Island between
McPhorsoa ami Hutchison. The Union Pa-
clflo continued to use these tracks until two
wcoks after the present suit had been
, brought. Ho detailed tbo circumstances of
tbo refusal of the Union Pncifio to allow tno
XJock Island to oncer upon ttio performance
of tbo contract , and the sudden shutting off
of the Milwaukee's use of the bridge and
tracks to South Omahu. Ho then referred to
the changes which took place In the manage
ment ot the Union Pacific and alluded to the
Incidents which followed.ns characteristic of
the Gould management of all roads under bis
control.
Coming to the famous letter of Government
Director Plummcr , Judge Witlirow stated
that ho had boon curious to know to whom
Mr. Pluramor alluded when ho said tils "at
tention had boou called to tbo contract. "
When Mr. Pluinmor was nut on tno stand ho
etated that his attention had been called to
the contract by Judge Dillon , Ho also stated
that ho nud throa Interviews with Judge Dil
lon and several Interviews with Jay Gould at
the letter's house before tbo letter was written -
ton , The main points In the letter were Jetted -
ted down nt these Interviews and Mr. Plum-
mor afterwards wrote the letter In which ho
assorted that tbo government's interests were
bolug interfered with and ndvhlng that the
operation of the contract bo suspended.
Judre Withrow tbon proceeded to impugn
the motives of the management of the Union
Pacific In their actions in the matter and
assorted that U was only n subterfuge to gain
.tlmo and secure a better contract with the
HocU Island. Ho charged that the officers
of the Union Pacific bad decided to shut out
the Hook Island ton days or moro before they
notified the Hock island to that effect ,
The hour for the noon adjournment arrived
before Judge Withrow had completed his
statement of facts and court was udlournca
until 'J o'clock.
When the bearing was resumed In the
afternoon JtidgoYItherow roviowt'd the pro-
ceodinys already bad in the state und federal
courts , In which ho took occasion to got In a
dli ; at Judge Duudy , assorting that be had
based hU refusal of an Injunction against
the Union Pacific on a state of things which
had boou shown by evidence never to have
existed. In explanation ho said thut the ue-
tlon of the court had bwsn based on the as
sumption that the contract liad never been
ratified by tbo stockholders , whereas thora
was evidence to the effect that the contract
had boon ratified at a regular meeting of the
stocKholilers.
Judge Wltbcroxv then took up the question
of the annual rental to bo paid by the Hock
Island and Milwaukee for the use of the
Union Pacific tracks , ( lo showed , by moms
of maps , the territory covered by the tracks
of the Union Pacific and on which it claimed
the rental should bo based. Ho claimed that
the territory sought to bo brought Into this
matter Included territory to which the Hock
Inland made no claim und to which It was uot
given any right by the contract.
This concluded Judge Wltherows' state
ment of the facts In the case and ho was fol
lowed by A. J. Ponploton , who presented the
law and the authorities ) upon which the
plaintiff rtillod.
Mr. Popnloton plunged nt once Into bis
subject , referring to authorities tosupporthls
stand that n contract made In n regular wnv
and approved by the proper officials and
within the power ot the corporation to make
was presumably valid and it rested with the
courts to en force it.
The defendants had urged that the con
tract was not valid , because It was not rati
fied by the hoard of directors , but this objec
tion was not made until nftor the contract
had been violated and after the Milwaukee
road had been carrying out Its portion of tbo
contract for six months , There was no dis
pute that the contract had been approved by
the executive committee of the board of di
rectors , and also by the stockholders. Mr.
Popplelon read from the charter
of the Union Pacific road to
provo that the corporate power of
the company was vested In the stockholders.
The resolution passed by the executive com
mittee of the directors provided that the con
tract should bo approved , provided it re
ceived the approval of the stockholders , thus
showing that the governing idea in that com-
tnlttoo was that the approval of the stock
holders was all that was necessary.
Ho road from the charter a passage defin
ing the duties of the directors and declared
that the directors had no right to approve
such n contract , but that It was necessary
that the stockholders take such action. The
resolution referred to gave evidence thatthls
fact was well known to whoever dictated the
resolution.
Passing to the question of the validity of
the contracts , Mr. Popploton held that they
were not ultra vires on their face. The de
fendant held that no express power was
given by the charter to lease Its proportynnd
franchises , and that thn effect of the contract
would bo to divest the Union Pacific of the
control and cxorciso of Its own cor
porate powers and thus disable it
from the performance of its public duties.
These objections , bo said , were evidently
based on ttio assumption that these contracts
were leases which , Mr. Ponpleton hold , was
not the fact , as the contracts provided that
the full control ot the roads and trains should
bo vested In the officers of the Union Pacific.
Mr. Popploton charged that the Union Pa
cific was afraid that it would bo deprived of
the privilege of collecting tolls upon the
passenger and freight tralllc which passed
over its bridge if the Hock Island and Mil
waukee roads were allowed to haul thir own
trains with their own power over the bridge.
Ho read from the supreme court report to
show that where a contract was not , on
its face , beyond -tho power of the corpora
tion by which it was made it would
bo presumed to bo valid In absence of proof
to the contrary.
Speaking of the effort made to make It ap
pear that the government's Interests were
sufferintr. Mr. Poppleton said that the gov
ernment had not only not interfered , but had
refused to do BO , although Mr. Plummor
traveled all ever Washington to enlist the
co-operation of the president , the secretary
of the Interior and the railway commission
ers.
ers.If the contracts were void Mr. Ponploton
held that it must bo because they prevented
the Union Pacific from operating it own
trains or using the seven miles of track be
tween tbo Bluffs and South Omaha. Tbo
contracts had not been shown to so operate ,
and It rested with the defendants to show
that the contracts would prevent the Union
Pacific from operating Its own trains.
Mr. Popplotou tbon quoted from the testi
mony of Chief Engineer Smeod of the Union
Pacific , who stated that tbo capacity of the
bridge would allow of the passage each way
of 280 trains of forty cars each per duy.
Passing to the general question of the ad
vantage possessed by the Union Pacific when
Its bridge was the only ono across the river ,
Mr. Popploton charged that the extortionate
rates charged by that road bad resulted in
bringing ether roads and other bridges
across the river and had further resulted In
a depletion of the revenues of the road. Ho
charged that the bridge had not been oper
ated to its full capacitv and quoted trom
tbo testimony of Peter A. Doy , nn
export engineer , to the effect that
the Union Pacific bridge had.
never been operated to one-tenth its capacity.
IIo further stated that It had been stated at
the conference held In New York between
Dillon , Cameron and Adams for the Union
Pacific and Messrs. Cable and Miller of the
plaintiff roads that the capacity of the bridge
was ample for the business of the three
roads. Mr. Ponploton then road at length
from the testimony of W , H. Holcomb in
support of this statement concerning tbo ca
pacity of tbo bridge and tracks.
Passing to the power of tbo "Union Pacific
to make contracts such as those iu question ,
Mr. Popploton stated that this system was
built "by ono federal corporation and four
state corporations , and the federal corpora
tion was required to admit the trains of the
state corporations upon its tracks. Ho
quoted from nets of concrcss compelling the
Union Pacific to operate the lines referred teas
as one continuous line , nud from an act giv
ing the United States circuit court Jurisdic
tion to issue a mandamus to compel tbo Union
Pacific to interchange business , cars , etc. ,
with other roads. Ho quoted further from
the acts of congress which compelled the
Union Pacific to allow trains of any
road to cross the bridge for a rea
sonable compensation and demanded to
know what benefit these roads would derive
from such privilege if they were prevented
from taking their trains any further than the
edge of the bridge ; or , In ether words , if they
were prevented from passing ever the tracks
of the Union Pacific.
The duration of the contract , Mr. Popplo
ton urrod , had no bearing upon Its legality.
If It should appear In future years that the
contract was impracticable it might bo de
clared void by some future court.
Mr. Popploton referred at length to what
ho characterized as the diabolical spirit
which had boon manifested by tbo Union Pa
cific In abrogating these contracts and tnelr
disregard of the injunction Issued by the
state court.
Iho hour of adjournment having arrived ,
'court was adjourned , Mr. Popplotou an
nouncing that he would consume half an hou r
in closing this morning.
Western 1'onslons.
WASHINGTON , Juno 1L [ Special Telegram
to TUB BKK.J Pensions have boon granted
as follows : Nebraska : Original Thomas
Hill , Buckols C. Travis , James Fuller , John
Albrecht , William O'Brien , William 5C , Tay
lor , Rubia Artnos , Danlol H. Thompson ,
David Kelly , Alfred Gray , Chauncoy Hollou-
bock , Thomas H. Gill , William H. Crisp
alias James Kennedy , Asbahel Audrus ,
George W. Adamson , John Liberty , Philip
McCoy , George Crow , Edmund J. Bird.
Navy Alex H. Taylor , Charles F. Elsoloy ,
Theodore Wllloughby , Frederick Donko ,
Sylvester Day , Ellas Potormon , Thomas Os-
born , John Goodwin , Sanford Miilllhan. In
crease Monroe T. Bcnuott. Original wid
ows Isabel Moscr , Julio Moncrlor , Mary
Boon.
Iowa : Original JamosT ) . Hall < > , John W.
Ellis , Truman Goodwator , George Ward ,
George W. McKInney , Thomas W. Hoxle ,
Charles P. Johnson. Charles L. Hewitt , John
Wolty , John Gray , Sterns D. Platt , Augustus
A. Myers , Isadora Ppnto , William B. Mar
shall , George C. Boll , Samuel Dunkol , Henry
J. Porin , William Lloyd , Alex Morrison ,
William Lindsay , John Hood , Oliver C.
Perry , Wllbort S. Freeman , John G. Hicks ,
Charles Fagun. William P. Adams , Josophus
Smith , John W. Haiti , George F , Klsslor ,
Frederick Nognrt , Lovl D. Atou , John
Dover , Henry C. Dowoly , Lewis Jones , Ben
jamin Wrltrht , Joun Al. Hill , Cyrus Ford.
Jobus Wilkinson , James D. Angler.
Additional James H. Lewis. Increase
Tneodoru Johnson. Elwood Clark , Ellas N.
Halo , Augustus Ennis , James M. Bmltn ,
Thocdoro Southard , W. E. Noud , M. 1C. Mo-
Faddeu , Samuel Buckraan , Daniel H. Phelps ,
Orvln S. Ensign. John H. Wallklnahnw ,
George W. Lackridor. Original widows , etc.
Mary Hoouoy ( mother ) , Hcnrlot Thull ,
Thomas Tucker ( father ) , Belinda Blackman
( mother ) , Carolina H. Soars , Hannah A. Hca ,
Uoatim Lloudlckor , Celluda A. Clark , Alary
M. Warner ( mother ) .
LAST SOUTH OMAHA SUICIDE ,
John Plook Ends His Tired Lifo by Shoot
ing Himself ,
BULLET SENT THROUGH HIS BRAIN ,
Mental Dernngcmont Xlmt Unfitted
Him for Work Assigned ns the
Cause Other News Troiu
the Magic City.
John Flook , residing nt 2320 S street , com-
milled suicide by shooting hlmsolf at 5:35 :
o'clock last evening.
Neighbors hoard the report of a pistol ,
and search was Instituted. The dead body
of Mr. Flook was found In nil outhouso. Do-
sldo him lay n 33-callber revolver. The unfortunate -
fortunate man had placed the muzzle of the
revolver In his mouth and tired , the shot
causing death almost Instantly. The ball did
not touch the lips , but riddled the tonguo.
Coroner Harrlpan was notified and Under
taker Heafoy tool : charge of tbo body and
dressed It The Inquest will bo hold at
Heafoy & Heafey's undertaking room ,
Twenty-fourth streets , at 10 o'clock this
morning.
Mr. Flook was aged Jlfty-flvo years and
leaves a wlfo ati'l one sou , tno latter aged
ton years.
Tbo deceased had bean employed in the
fertilizer department of the Cudahy packing
houses. During the past two weeks the unfortunate -
fortunate man has not been In condition to
wont on account of mental troubles. Monday
last bo worked , but during all the time of his
laying oft ho bus remained about homo , show
ing signs of mental derangement.
As far as can bo ascertained the only cause
for the act was his unbalanced mind.
Mr. Flook was nn industrious and oconom
leal man , was a good husband and father and
a trusty employe.
The Council's Work.
Mayor Sloano and all members of tbo city
council wore present at the council mooting
Wednesday night.
Ordinance No. 'J73 , requiring a'sldowalk to
bo laid on the west side of Twenty-fourth
street from Q to Wyman , was referred. No.
373 creatinc Lstreet into paving district No.
G , and authorizing the commlttoo on strcots
and alloys to advertise for bids to pave L
street from Twenty-fourth to Thirty-third
street with Colorado sandstone was passed.
No. 274 , creating paving district No. 0 , com
prising L street from the west end of the
viaduct to the west line of Thirty-third
street , No. 7 , comprising L street from the
west line of Twenty-fourth to the east line of
Twenty-seventh streets , No. 8 , comprising Q
street from the west line of Twenty-fonrtn
street to the east end of the viaduct ; No. 9 ,
comprising Q from the west end of the via
duct to the west line of Thirty-third street ;
No. 10 , comprising Twenty-fifth street
from the south line of L
street to the north line of M
streets and from the north line of O street to
the north line Q streot. No. 11 , comprising
Twenty-sixth street from the south line of L
to the north line of Q streets , was passed.
The finance committee was authorized to
advertise for bids for the $50,000 paving
bonds.
Iho printing commlttoo will receive bids for
printing blank Donds.
The School Exhibit.
The exhibition of school work in room 2403
N street , made by the pupils of the city , is
the most interesting and creditable educa
tional exhibition ever made In the citv , and
Is as creditable to Superintendent Munroo
and his efficient corns of teachers as It is
gratifying to the board of education and tlio
parents of the pupils.
The room is a perfect curto hall and has !
been constantly thronged by itltorostdd 'add !
delighted persons. The exhibits consist ofi
the regular routine work of all the pupils of
each of the schools.
It is notonly the duty , but will bo a source
of much satisfaction to every parent to visit
the rooms. The exhibition will DO open to
visitors Friday and Saturday during the day
and evening. /
Notes About the City.
Mrs. Douglas Terry Is down with the
measles ,
Patrick Shea ot the Cudahy force has gene
to Boston , Mass.
Dr. John Gunn of Arapahoe , Nob. , Is visit
ing it. A. Carpenter.
Gus McDonough , after a month's visit In
Now York city , has returned.
The now volunteer militia company will
moot this ovouing in Kowley's hall for drill.
The Albright schools will hold a closing
term picnic , Saturday afternoon in Syndicate
pant.
Children's day will bo observed In the
Methodist church nt 11 o'clock'uoxt ' Sunday
morning.
Mayor Sloano will sea that the ordinance
against stray stock grazing iu Albright is en
forced and the animals impounded.
WJiilo at work moving a house yesterday
afternoon S. P Press got his loft baud
caught and two fingers were smashed.
Rev. Thomas Stophensou next Monday
evening in bis series of lectures will deliver
the first of a series ou the Huguenots of
Franco. >
Mr. and Mrs. Charles Kalhorn cxtond
their heartfelt thanks to many friends and
neighbors for kindness shown them in their
recent bereavement.
Mrs , Eacan , wife of Daniel Kagan , with
her son and mother Mrs. Mary Galoy , who
has boon spending six weeks visiting friends
in Ottumwa , la. , has returned.
Building Inspector D. F. Bavloss has Is
sued a building permit to Benjamin F.
Adams , Twenty-first street botwocn II and
I streets. Mr. Adams will have u neat resi
dence.
The Plattdoutschor veroon wlllgiva its soc
onu annual ball in Blum's hall tomorrow
evening. The committee , consisting of
.Messrs. Frank Hiimpcrt , Hermann Wloso
and Hans Bellman u , has made every prepar
ation for a fatherland time. The nttondanca
Ernnusos to bo equal to the capacity of the
all ,
Sny !
Do you want to remove these pimples from
your fucoj Use nailer's Sarsaparilla and Bur
dock. It la warranted to effect a complete
cure.
HANK 1 'AVO1HTJ8M.
The First "Ward ASHCKHOT'H Peculiar
Idea of Values.
The assessor of the First Ward , Henry
Ehrenpfort , feels hurt by the statement that
appeared in Tuesday's BEE , to tbooffoct that
ho bos returned the assessment books and
rolls of his ward uncompleted , The state
ment was made upou representations of the
county commissioners , the county clerk and
the experts who are now at work upon the
books.
Referring to assessors , section 02 of the
chapter entitled "Uuvouuo , " laws of 1889 ,
says : "Tho assessor shall not bo entitled to
componsHtlou until he shall have filed the
lists , schedules , statements and books apper
taining to the assessment of pronorty for
such year , In the office of the county clerk
the books to bo accurately made and added
up. "
Mr. Ehrenpfort claims this has all boon
performed. The facts do not bear Mr. Enron-
pfort out iu bis claims. \ \ \ inspection of
the books of the first ward will show that bo
has added tbo columns of figure * ou each
pairo , but tboy do not. show that bo has at
tempted to arrive at any cqncluslou as to the
total valuation or real property of the ward ,
though the county dork and the commission
ers xtuto that ho has not completed his work
until these footings have bocu mado.
In another placa the statutes state that the
commissioners shall nmltothulr levy from the
return * made by the assessor. With Mr.
Ehroupfort's book * In their present condit
ion , It will bo Impossible to make the levy
for the First ward until the additions in his
book are completed. .
Aside from thU , the assessment roll of tbo
First ward shows that the assessor has some
peculiar aud original Ideas on value * .
The Omaha Thompson-Houston , electrlo
light company openly boasts of having a paid
up capital of fcSOO.lXW. besides $ (00,000 ( of Aral
mortgage bauds. Tbo plant and principal
plnco of business Is In ( Ho First ward , which
makes It llablo to aswsmont thcro.
The power house ot- > the company Is situ
ated upon a tract of land , ninety-two ono
hundredth of an rfcta , nml Is regarded as
bolng ono of the bost.buildings , Iu that pnr-
tlan of the city. U Is filled with costly ma-
cnlnury , but notwithstanding all of this the
plant is assessed at > only f'J.OOO , while the
Motz brewery , that wo ? built years ago and
cost much" loss Is assessed at $13,000.
To prove Mr. Ehronpfort's Idea of
values , the books of the First ward will show
how ho has assosied o.thor property In the
vicinity. The Goodman drug company build
ing ho places nt10.000 ; the Bomls bag fac
tory. Jll.OOO ; thoTrpntman building , $9.000 ;
the Bushman btillfllug. ' $10,000 ; the Mollno-
Milburn building , 810'Wx , ) ; the Amos buildIng -
Ing on Lower Fnrimnr , $9,000 and the Mulvl-
bill building. $0,000. Mostof thcso buildings
are smaller than the electric light company's
building , each occupying a single lot , whllo
that oC the light company occupies three lots ,
to say nothing of the rest of engines , boilers ,
dynamos and Machinery that is contained in
the light company's building.
On the value of personal property , the
Judgment of Mr. Ehrenpfort is even worse
than upon real estate. Not only this , but ho
could not find property when ho got down In
the vicinity of tbo foot of Jones .strcotas the
following schedule of personal wropcrty
of tbo electric- light company , taken from his
own book , will show ;
Steam engines , $ 5,000
Tools , etc 5,000
Sofa ! iO
Onico furnlturo 25
All other property 5,400 ,
Total $15,443
Soon after getting off the river bottoms
Mr. Ehronpfort's Ideas of values grow , for
upon reaching D. M-Stoclo & Co.'s place of
business , ho bad no hesitancy in assessing
ttio stock of goods nt 117,000 , and at the store
of the Omaha hardware company ho found
? 13HX ( ) worth of property In short order. The
personal property of the Omaha elevator
company ho listed atJOfiOO , and that of
Fairbanks , Mo'-so & Co. nt $15,000.
Outside of the electric light property Mr.
Ehrenpfort's Idea of values Is as high as
other assessors , but Jown thcro his returns
show that ho found only a small amount of
property , as compared with what the com
pany owus.
A Gnin in the First.
The clerks who are working on the assess
ment books have completed the footings of
the personal property of the First ward. The
figures show a valuation of $510,005 , a gala of
about $15,000 , ever last year.
A Delinquent Assessor.
Assessor Coscruvo , who listed the property
of the Third ward , having failed to return his
book , the commissioners tlrod of waiting and
scut an ofllcor after the man and the docu
ment yesterday afternoon.
Do not forget that Ilallor's ' Pain Paralyzor
will euro all cases of dysentery , relieving the
griping pain and restoring the bowels to
healthy action.
I'JEKSOAAP.lMtAGltl'HS. .
John Oliver , a leading business man of
Module , la. , is in the city ana called on THE
BEE.
Captain Prlco , wifoi and sister of Liver
pool , England , are in the city , guests of their
undo , Mr. James McVittie.
Miss Faunio Arnold , ' who was injured se
verely through being thrown from a car
riage Wednesday evening , was much bettor
last night. Her ankle was painfully bruised ,
but Is Improving nicely.
Mothers will find that Hallor's Pain Par
alyzor is a sure and .pleasant euro for dar-
rhoea.
BETTER POSTAL FACILITIES ,
Somothiog Will Soon Bo Done to Improve
the Omaha Service.
LACK OF ROOM HAS DELAYED MATTERS ,
A Local Coal Dealer Snld to Hnvo
Mode n Nlco Iilttlo Donl to
the IJctrlinoiit Of
Competitors.
CHICAGO Omen OP Tnn BOB , J
CHICAGO , Juno 11. f
There will bo a. post ofllco Inspector In
Omaha iu a short time. First Assistant
Postmaster General Whltflold , who pasted
through Chicago today cnrouto to Washing
ton , Is authority for this statement. Ho was
chosen to dcllvor the Memorial day address
at the National cemetery In Hock Island and
wbtlo west decided to Inspect a number of
tbo post offices. Ho visited St , Paul , Minn
eapolis , Milwaukee and 'a number of the
smaller offices and has Just been through the
noble ruin , from which the mail of Chicago
is distributed.
' It was a little dangerous , I suppose , " ho
said , with a smile , "but a man in my po
sition must have nervu , you know. "
Of tbo postofllco at Omaha he said : "Tho
poatofllco department , as you know , has noth
ing to do with the construction of buildings.
Wo must ctopond on the treasury department
for that , but after buildings have boon con
structed wo will see that they nro suf
ficiently provided for. At least wo will
go as far us the appropriations permit. The
trouble at Omaha Has been for many years
that the quarters wcro so very limited It has
been impossible to increase the service as
much as the work demanded , because if wo
put In nil the men who are needed there
they wouldn't have room to turn around.
"Whllo I was postmaster at Cincinnati wo
had the same difllculty until I succeeded
In getting additional room by having
the customs ofllco and other similar ofllccs
moved Into other quarters. It is a compara
tively easy matter to change ether depart
ments In this way , but it Is a much moro se
rious thing to move a postofllco. "
As a result of Mr. Whlttluld's ' tour of In
spection thcro will bo an increase In the sal
ary lists at all the points visltod , the change
going into effect on July 1.
" 1 wanted to take in Omaha. Denver and
Kansas City on this trip.1 said be , "but was
obliged to return to Washington before I
could do so. Very soon after I got back
there , however , I expect to send out Mr.
Stoddard , ono of our confidential men , to
complete this inspection. To what extent
the service at Omaha will bo improved I can-
uot say until ho returns. "
The business of tlio postofllcos
throught the country , ho sold ,
is increasing nt nn enormous
rate although the last appropriation for the
postofllce department was only $000,000
greater than the previous appropriation and
ho intimated that this would not permit such
increases in clerk hire , carriers and similar
service as the business demanded.
"The third and fourth class offices are suf
fer ! ng for want of moro help at present , "
said bo , "somo of tbo clerks working
sixteen hours a day in order
to keep up with the work.
Tbo big offices nave been pushing their
claims to such an extent that the needs of tno
smaller ones fiavo been overlooked. "
Postmaster General Wanamakor is bard at
work on his plan for n postal savings system
and will have nn elaborate report ou the sub
ject to present to the next congress ,
"Ho has statistics from every country In
which postal savings systems are In ooorn-
tlon and also ' from every savings
bank in the United States. This
information , carefully compiled and arranged
will bo Mibmlttcd when congress moots and
every effort will bo made by the postmaster
eonoral and these who favor his Idea , to se
cure Its adoption for this country. IIo Is
thoroughly convinced that It would Justify
IU establishment. "
The postmaster general Is ns much In cmrn-
est as ho over was about a postal telegraph
system.
"Ho knows n good thln.fr whou ho sees
It , " said Mr. Whltflold , "and ho Is not the
man to let go of IU Ho has Just completed \ \
compilation ot facts and uowiimpor com
ments on the project , for general distribution.
You sco ho Intends to keep the question before
fore the people and congress will certainly
hear from him on the subject "When It comes
together again. "
AXO.MA1IA COVt. Dr.AI.KIl'S SNAP.
There has been a rumor alloat in railroad
circles hero for tbo past two weeks to the
effect that ono of the big Omuhti coal dealers
was stealing a march ou bis competitors , fioro-
by laying in his winter supply of coal
at 70 cents pnr ton reduction ou the regular
freight rates. The coal is said to have been
shipped from Toledo by way of St. Louis aud
tho'offcmllng line Is said to bo tbo Toledo ,
SU Louts & Kansas City. Some of
the other dealers chum lo have
discovered evidence sufficient to provo that
this road has boon violating its agreement as
a member of the Western Freight associa
tion by making this cut and that these ro-
duccd rates have been secretly granted
for so long tliut this dealer Iu
Oinatm has already laid In a largo
part of Ills winter supply. According to the
printed tariff sheets the ruto via St. Louis
should bo no lower than that via Chicaco ,
and tbo dealers who claim to hnvo been loft
out in the cold want the Chicago
lines to make n similar reduction.
This the latter profess a willingness to do If
they have sulllcicnt proof that tbo ether road
has boon making this cut and the repre
sentatives of the Omaha dealers who ore
now In the city soy the proof shall bo forth
coming.
"Thoro has boon a report current for somo-
tlmo that such n cut was being made , " said
the general freight ugent to THIS BEK repre
sentative today , ' 'but wo know nothing
definite about it. Humors of this sort nro
very common , but it Is always difficult
to get at tbo facts. If the management of
thn Toledo road were asked whether this 70-
ceut cut Is being made , they would of course
deny it , aud if there nro dealers in Omaha
who are receiving the benefit of such
a reduction , they would bo equally
careful not to lot the fact bo known. I don't
think the Chicago roads will make any lu-
vostication on their own account , but If the
dealers who charge that the cut Is being
made provo their assertions , wo can bo do-
poudod upon to meet it promptly. "
The Missouri Pacific is said to bo the line
over which the coal was shipped to Omaha.
Acting Freight Traffic Manager Parker of
St. Louis , who is in the city for a few nays ,
was found at the offices of the company , 10'J
Clark streot.
"Tho whole story is preposterous , " said lie.
"You may say that the Missouri Pacific is
not and has not been a party to any su < ! h ar
rangement. Wo are charging the same rates
that ether roads do. This Is the sort of stuff
that Is sot afloat every summer when some of
the big dealers , taking advantage of the
cheap price of hard coal , begin to lay In a
winter supply. This is being done at Omaha
at presout , houco this rumor about cut rates.
Whenever charges of this sort are made by
Chicago roads it is because the Missouri Pa
cific is getting uioro coal business than tboy
think it is entitled to , and not because any
departure Id being made from the tariff sheet.
It ts very improbable that the Toledo road is
making any cut , ixs It only got * about IK
the ton mid couldn't nlTord to make any ru-
duotlou of this. "
ASSUMING DEFINITE SltAI'R.
The proposal by rectifiers of this city lo
build a distillery In opposition to t\o ! \ whisky
trust took moro dollnlto sbapo today. Ills
understood that the capital Is already sub
scribed and that the new distillery will
probably bo called the Hoctlllors co-oporatlvo
distilling company. A plant , It Is said , largo
enough to supply the wants ot the rectifiers ,
will cost but ? lf > 0.000. The question of get
ting spirits pending the erection of the dis
tillery is not bothering rectifiers , as they
claim the trust could not refuse to soil to
thorn if they paid cash ,
NHW Arrm.tATr. cotJtvr.
The now appellate court , provided for by
an net of the last congress to relieve the
United States supreme court of a largo portion
tion of Its work , will bo established In
Chicago next week. Judpo Circs 1mm an-
noun cod today that Justice Harbin of the
supreme court will bo In Chicago Monday
and ou Tuesday morning bo will organize tlio
now court. The tribunal will consist of Jus
tice Harlan , Judge llrcslmm and Judgu
Blodgott , but the last named will bo a mem
ber of tlu > court only until the provident ap
points the now aopollato Judges , ono for o.iob
Judicial circuit.
A nio c.utoo.
The biggest charter for n slnglo cargo over
made on 'change was that of tlio now steam
ship , \V. H. Gllchor , closed this mornlug , of
li0,000 ! bushels of corn , or 250 carloads.
WUSTKttN I'KOl'LU IX CIIIO.MIO.
Among the western wooplo in Chicago
today were the following :
At the Auditorium P. II. Lanuati , Salt
Lake City , Utah ; E. E. McDonoll , Falrbliry ,
Nob. ; Mr. and Airs. M. Wddeu , Omaha ; Mr.
and Mrs. E. E. Mandovlllo. Mr. and Mrs. F.
H. Ollchrlst , Kearney , Nob. ; S. Tuttle ,
Butte , Mont. ; S. K. Cato , Dos Monies , la. ;
Mr. and Mrs. ( . . O. Squires , Omaha ; Will
iam A. Chessman. Frank Chessman , Mrs. S.
C. Flint , Helena , Mont. ; W. N. MoKnlght ,
Fort Shaw , Mont.
At the Lolaml Mr. and Mrs. Frank J.
Burkloy , Omaha.
At the Wellington P. D. Lawrouco ,
Omaha.
At the Grand Pacific \V. J. Carroll , E. E.
Nauclo , Omaha ; M. Grlgsby , Sioux Falls , S.
D. ; Mr. and Mis. A. D. McCaudlurs , Wy-
moro , Nob.
At the Tromont Mr. and Mrs. J. M. Oaso ,
Miss Case , Miss Borody , Miss Carter ,
Omaha.
At the Sherman Mrs. H. B. Campbell ,
Mrs. D. T. Cillman , Omaha ATKINSON .
Use Hallor's Sarsaparilla and Burdock , th
grout blood purifier.
Private Cnrtor'fl Funeral.
The body of Private Carter , who was shot
and killed by a follow ooldler at Fort Doug
las , near Salt Lake , a week ago , passed
through the city last evening on tbo way to
the rosldoueo of the young man's parents
near Pacific Junction. la. The bodv was
accompanied by the father of the deceased ,
M. C. Carter , an old resident in this section ,
who wont to Salt Lake as soon us ho hoard
of the misfortune that had befallen his sou.
The body arrived ever the Union Pacific and
was transferred to the B. dt M. at this point.
Interment will take place today.
Ladles who value a refined complexion
must use Po77oni's Powder. H produces a
soft aud beautiful skin.
AinurtuiinVondcrH. .
Yellowstone park is bo.vond all nuo3
lion ono of the world's { Trout wonders ,
and the Union Pncilic excursion In , luly
will bo the event of the season. Ask
your nearest Union Pucilic agent about
it.
THE CONTINENTAL. "
. , " ! * * .FREELAND , LOOMIS & CO. , PROPRIETORS.
"ft ' ( ' Ifill ! r ' * ' 1
'
GRAND GLOBING SAKE OF" ' -
3000 PAIRS OF OUR , FINEST SPRING and summer fancy worsted pantaloons
at a most startling reduction in prices from early figures this season ,
A NOVEL AND ATTRACTIVE SCHEME.
See what it is ! Read the details and methods by which we assure every purchaser of a
BON A FIDE REDUCTION IN PRICES.
No talk , no words , no imagination connected with it , but actual discount made from former
prices and paid to every purchaser in SIL VER COIN.
Commencing Tuesday , June 9th , wedffer as stated above , 3000 pairs of our finest and most
fashionable styles of fancy worsted spring and summer pantaloons , of which we have a large sur
plus received too late from our manufactory , at a most bewildering reduction on every pair ,
amounting in some instances to 40 per cent discount.
In order that there be no question in regard to the actual discount made each purchaser , the
original prices marked on each pair of pantaloons will remain the same as they have been all the
season , and the actual reduction made will be given to the purchaser in Silver Coin. You can
handle it and estimate the discount you are getting v the lt any talk from the salesman.
On this entire stock of 3000 pantaloons , on all that are marked $4.50 and over the discount
in. silver will be found attached to each pair of pantaloons , and after payment of the same the
purchaser .will be in possession of an amount of silver com that will show him the most amazing
and satisfactory discount which he has ever received.
Lot 1. 500 pairs of Fine Striped Worsted Pantaloons , correct styles , most desirable color
ings in every respect , at ' $4.50 per pair , accompanied by the discount , which willbe/2if/ in silver ,
on every pair.
Lot 2. We offer 800 pairs of our popular $5 line of Fine Plaid , Striped and Mixed. Pan
taloons goods made by some of the most celebrated American mills all new , fresh , desirable
styles , andhijwith each pair purchased the discoicnt in Silver Coin will be obtained by the piirchaser.
Lot 3f.J We offer 1,000 pairs super quality Fancy Cassimere and Fancy Worsted Panta
loons mantufactured in our own machine rooms in the most perfect manner , the latest styles
placed on tKe market , at $6 a pair. A large cash discoimt in silver will be received by each
purchaser fnom this lot.
Lot 4.Ve / offer 500 pairs of the very finest quality Fancy Worsted and Silk Mixed Striped
Cassimere pantaloons made , in America , all tailor made , and embracing all the choicest novel
ties of botlQlomestic and foreign makes that are so popular this season. We offer them now
at $7 per $ $ r , with the large cash discount payable in silver coin which accompanies each sale.
As it is our purpose to distribute these bargain pantaloons as widely as possibly , and as
the novelty of paying the cash' discount in cash in silver coin is original , and we wish to make it
as widely known as possiblewe reserve the right to deliver but one pair of pantaloons to each
purchaser at the time of purchase.
ContinentaliisClothin
CORNER DOUGLAS AND 15TH STREETS ,
Largest Wholesale and RetailClothing House West of the Mississippi River.