Omaha daily bee. (Omaha [Neb.]) 187?-1922, June 13, 1891, Page 5, Image 5

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    TJhLK OMAHA DALLY J3.1UJ < J , HA'l JUNE 13 , 1891 TWELVE PAGES ,
Day of the Trial of the Big Bridga
Case.
S VllE PLAINTIFF ROAD'S ' CLOSING PLEA ,
jtJudRO Dillon Open * the Union Pnclflo
Defense und I'olnto Out the
Alleged I'Mnws In the
Contract.
f When federal court opened jcstcrday In the
jllock Island-Union Pnclllc case the court
" room was completely flllcJ , almost the entire
"barof Omaha bolng present to hear the
eminent legal lights engaged In the caso.
Mr. Popploton resumed hla argument ,
.taking up the question of the length of tlmo
covered by the contracts , and citing several
Instances In which contracts and leases had
I boon made for several hundred year * and
one case where a lease had been made for
30,000 years , citing supreme court opinions
to the effect tlmt the power given
n corporation for the renewal or con-
tlnuanco of Its corporate existence beyond the
period for which It was flrst organized
carried with It the power also to mono con
tracts for n longer period than Its article ! for
incorporation provided on tholr fnco.
Taking up the question of spoclllc perform-
nnco of the contract Mr. Popploton quoted
from the terms of the contract bearing upon
the fact that , ttio trains of the throe roads
fihouhl bo under the direction of Iho dispatch
ers of the Union Pacific ; also the provisions
L'OVornlng the transfer of freight from ono
. road to anotbor ; the stipulation that ,
I tbo tracks should bo kept In repair -
" * . pair ; nlso that tbo section ] irovldlng for
tbo rumoval of obnoxious employes , and suv-
. oral ether stipulations of a like nature. Ho
quoted from a similar case passed upon by
I Vustlco Miller to show that the contract was
bno which called for a specific porformanco.
i > Mr. I'opploton held that it was nonsense
i to say that the federal court had no power to
. .enforce the contract provided the court should
[ decide that tbo contract was a valid one.
r It hncl been stated that the enforcement of
the contract would result Ip continual appeals
to the court for rulings upon details. This
position ho hold was fallacious nad cited the
case of the appeal to the courts by the cltl-
.pens of Iowa to compel the Union Pacific to
do certain things with reference to the oper-
ntlon of trains across the brldgo. The court
had Issued n mandamus to compel the Union
Pacific to operate trains as requested and
liothltic moro had boon heard of It. The
flame plea of continual litigation had been
hi ado in that case , but experience had shown
that no such result followed.
Taking up the question of the money con
sideration to bo paid by the two roads , Mr
J'opploton quoted from n long array of llg-
\iros of export witnesses from which ho drew
the conclusion that the right-of-way and the
construction of the brldiro and the tracks to
bo used under tbo contracts was reasonably
worth nbout $3,500,000. Under the contract
the Kock Island was to bo allowed tlio use of
one-seventh of the capacity of these tracks
find the Milwaukee one-eighth of that
capacity. Taklnir ono-tbird of the estimated
value of these tracks and the brldgo , and cal-
pulatlng Interest on this amount at 5 pur cent ,
produced a result of $59,815 , which was far
below the $90,000 which the two companies
were to pay for much loss than one-third the
capacity of the trucks and bridge. lie ar
gued from this that ttio r mount named lu the
contract was not unreasonable , hence the
contract could not bo held to bo void on that
ground.
Mr. Popploton closed his argument by a
pcathlng arraignment of the Union Pacific
management for the criminal manner in
which it disregarded the edict of the state
court and said it was not the fault of that
company that murder had not boon committed
"
mitted "in its floudlah derailment of Mil
waukee trains.
P At the conclusion of Mr. Popploton's urgu-
Vnont Judge Thurston , for the Union Pacllic
offered in evidence the cortlflcato of incorpor
ntion of the Hock Island 11 led
In the ofllco of the secretary of state
n cortlflcato to the effect that that
was all there was on fllo ; nlso n certificate of
the county clorlr of Douglas county to the
effect that thcro was nothing of that sort on
file there.
r The ruling of the court on the admission
'of ' these documents was reserved.
Judge Dillon then opened the case for the
defendants. Speaking In a very deliberate
and declamatory style , ho said ho had not
1 the strength or the Inclination to follow the
learned counsel who hud preceded him into
i tbo wide Hold which they had frnvcrsed. In
his opinion there was no necessity for such a
course. Ono of the gentlemen bad said ho
i would not weary the court by going Into the
. details of the contract , and there was method
t Jn such a course. The speaker held that
the contract was the basis of the whole case
d Its details were therefore important. IIo
remarked that if the court know nothing of
the casq. except what bad been stated by the
gentlemen , then Indeed n.ust the court bo
jgnorant of the most important details of the
. whole matter.
| i A , ' Judge Dillon then announced that ho pro-
l > ' . * fcosod to go intx > the details of the contract.
Ho prefaced his remarks by stating that
tie should conIIno himself to the con-
nidoratlon of the Rock Island contract with
nuch reference to the Milwaukee contract ns
to any points of difference which may exist
between the two contracts. The learned
counsel had contlnod themselves to vitupera
tion and abuse of men for the performance of
tholr duty and had had little to say nbout the
tonrs of the contract.
IIo stated that th'o Uock Island was organ
ized under tholaws of the state of Illinois and
Jowa and was a domestic corporation in
the stnto of Nebraska. The company
bad filed no articles of incorporation as re
quired bv the laws of the state , stating the
termini and counties through which it pro
posed to run its linos. Therefore , the com
pany was not legally constituted in this
T Citato.
Ho argued nt length on this point , quoting
from the contract to show that ttio Hock
island Intended to extend Its lines from
Council Bluffs via L > lncoli < to Beatrice , and
balding that if such Intention had bocn
carried out the Kock island would
) iavo been disabled , under the ruling of the
JStato supreme court , from entering Into con
tract with any parallel or competing lino.
ft The speaker then took up the contract and
called the attention of tlio court to the fact
} bat forty times In the contract it was ro-
jorred to as a loaso. There was every essen
tial quality of a lease in the document.
f'Undor the contract , " suld ho , "tho lessee
jnoy do anything , without restriction , whioh
ny lessee of property may do , ana It may do
everything of substance that the lessor
pi ay do ,
t "Lot us see If It characterizes this docu-
_ tiient to call it n trackage arrangement.
"jf your honors do not adjudicate this con
tract as It stands you cannot ndjucato it at
nil. It lota tbo Hoclc Island into the full use
pf the mum and passing tracks which are newer
or may horouftcr bo located between Omaha
nnd South Omaha.
C "If it shall bo necessary d urine the term of
tbo contract to incroain the number of truck1 !
between these points they bccouio Joint
lessees with the Union Pacllic.
f "Tho contract does not define where
. .the connections with our tracks
'pro to bo mado. Is any dccroo of
[ the court to 11 x the place where these
connections are to be made I The contract
docs not so provide. "
Y After speaking on this point lu nn off-hand
ntj'lo for several minutes Judge Dillon turned
I to the portion of the contract referring to the
'joint ' use of the Omaha and Republican Val
ley trucks between Beatrice nnd Lincoln. Ho
bold that these two companies , the Hock
{ island nnd Republican Valley companies ,
xvoto parallel and competing lines and
could not , under the constitution of
.tho stite. so use this lino. IIo read
( from the 8tuto supromu court records , In the
case of the quo wnrrunto proceedings brought
by tbo secretary of state nt the tlmo of the
I ) oaslng of the 11 , and M. road by the Burlington -
[ ton lu support of this proposition.
f" Taking up that part of Iho contract where
by ibo Union Pacific was given the right to
use the trucks of tbo Uock Island between
outb Omaha and Lincoln , Judge Dillon
declared that there was nothing la the
1 etntutcs ot the stnto which gave
the Uook Island the rlpht to lease this road
to the Union Pacific nnd there was no power
In the state courts or legislature to elvo the
"ulon Panltla the right to so lease that lino.
At this point the regular noon recess w as
/taken. /
When court convened at 3 o'clock Judge
JTuurstou outlined the articles of lucoruor-
tlon filed In the oulco of the secretary of
htato br the Milwnukoa and tbo Rock Iiland ,
tORothcr with n certificate of the Rook Island
accepting the provisions of an net of the leg
islature providing that companies organized
under the laws of another stain become n do
mestic corporation and uboct | to the laws
of the state the samea V company organized
In Nobraskn.
lindor the act of 1870 these foreign corpor
ations were required to fllo articles of Incor
poration with the Rccrotary of stato. The
net of 1839 mndo thorn corporations of the
stite bv accepting its provisions. The Mil
waukee never accepted this last net , but the
Rock Island did , Ho hold that these roads
had never done anything which gave them
the right to operate a line and collect tolls.
During the progress of Mr. Thurston's remarks -
marks Justice Browcr asked n number of
hypothetical questions which scomod to In-
dic.-Uo that ho did not agree with the speaker
In his statements that a road situated as ho
had doscribptt the Rock Island was not entitled -
titled to do business ,
Judge Dillon then resumed his argument.
Ho mndo the general proposition that the
Union Pncltlo railway company had no
power to mnko the alleged lease or contract
of May 1,1800 , hence that contract was void
and cannot ho specifically enforced. Ho hold
that the document was designated ns n loose
throughout its untlro length , and repeated
the argument of the morning referring to th
privileges granted the Rocn Island under the
terms of the contract , holding that the
Union Pacific could not move Its own trains
without the consent of the ether roads.
By the term of the contract any lessee
may terminate the contract upon thrco years'
notice , and tno speaker presented a hypo
thetical case In which the Milwaukee might
terminate Its contract mid then maka nn ar
rangement with the Rock Island whereby
tno latter should haul the trains of the Mil-
\\aukco and thus deprive the Union Pnciflo
of one-half the rental called for by both
contracts.
The speaker hold that under the terms of
the contract these two roads had It In tholr
power to make any rates they might see fit
In the territory of the Union Pacific and that
road had no remedy.
The Judge then reverted to hli proposition
that the Union Pacific had no power to make
the contract in question. Ho hold that a
railroad corporation must itself carry on its
coi poruto business and exercise its franchise
and It cannot , without express charter
nuthoritv , delegate any of its business or
duties to any ether corporation or person. In
support of this proposition ho quoted
copiously from the opinions of Justice Miller
in similar cuscs.
Justice Brewer Interrupted the speaker to
ask several questions about the right of the
Hock Island under the contract to charge
less toll across the bridge than wits charged
by the Union Pacific. The questions were
answered In nn indirect way by Judge Dil
lon , it being evident that the justice did not
entirely ngroo with the speaker in his propo
sitions.
Judge Dillon then took up the charter of the
Union Pacific and went through It , reading
the headings of the various sections and com
menting upon them as ho wont along. Ilo
held that the two roads under the contract
could practically absorb the entire capacity
of the tracks covered by the contract and
thereby frcczo the Union Pacific out entirely.
Justice Brewer Interrupted again to ask if
these contracts were not secondary to the de
mands of tbo government on the road. To
this Judge Dillon ropllod that this was not
the case under the contracts.
Judge Withrow interrupted to sny that the
contiacts were made subject to the claim of
the government on the road , and Justice
Browcr intimated that such was his under
standing.
Judge Dillon then took up the question of
specific performance and argued that it would
bo impracticable if not Impossible for the
court to enforce the perfotmanco because the
acts to De performed under it wore compli
cated and numerous and would require con
tinued supervision by tbo court for UU9 years
in order to render a decree effective.
Without arguing this point the speaker
proceeded to the consideration of tbo contract
so far as it concerned the Omaha & Repub
lican Vallov railway company , stating that it
was without consideration so far as that
company was concerned , and was therefore In
valid and unenforceable as against that com
pany ; and , Inasmuch as the provisions of the
contract wcro mutual and interdependent
and the covenants and considerations
of the other parties to the con
tract were at separable from the
covenants of the Omaha < fc Republican Val
ley company , the contract must stand or fall
as'an entirety , and falling as It must with
respect to Uio Omaha & Republican Vailoy
company , it must fall also with respect to all
other parties. The specific performance of
the contract , therefore , could not bo enforced
ns against the Union Pacific company.
Without arguing these points the speaker
proccoded to the proposition that even if the
alleged contract would otherwise have been
valid it was invalid because it was never au
thorized by the board of directors of the
Union Pacific. Ho stated tnat no notice hud
been given to the directors or stockholders
that these contracts were to cotno before
the annual meeting of the stockhold
ers and the povornmcnt directors bad no
notice of the consideration of these contracts
or of their existence. Ho contended that the
action of the stockholders was not a substi
tute for the action of the board of directors
and that the latter body was the ono which
should have passed upon the contracts.
judge Dillon closed by statin ? that tbo his
tory of this case was a curious ono and ho
was sorry ho had not the time to outline the
history of the whole matter.
A. L. Williams , general attorney forKansas
for the Union Pacific , followed Judge Dillon.
Ho started out with the general proposition
that the contract was ultra vires for the rea
son that it was beyond the power of the com
pany to mako.
In a humorously drawn allegory Mr. Will-
lams described ttio case at bar as a clear case
of "dog eat doe , " und thought that uppoals
to the sympathy of the court , as had noon
made by the ether sldo , was tlmo wasted.
The question was whether the contract was
within the power of the company to mako.
Mr. Williams reviewed the history of the
organisation of the Union Pacitlo and hold
that ttio board of directors were vested with
full power to conduct the business of the
company , but was not given the power to
delegate Its powers and functions to any
committee. The charter piovldcd that there
should bo five government directors , and ,
while the other directors might delegate
their powers to a committee , they could not
dispense witti the power of tboso Hvo govern
ment directors.
In speaking of these government directors
Mr. Williams referred very sarcastically to
"tho astute Mr. Plummer , " the only govern
ment director who was a mombcr of the
executive committee.IIo . stated that Mr.
Wilhrow went down to Now York to have fun
with Mr. Plummor and the proceeding was
very hilarious. There was nothing to show
that Mr. Plummor had boon notified that the
contracts under consideration were to bo
acted oni It was Mr. Williams' opinion that
no mutter in which the government had any
Interest should bo transacted without the
presence of government directors.
Justice Brewer nsltoil why tbo directors of
the Union Pacific , the same as these of any
ether company , could not appoint a number
less than ttio whole to transact the business
of the directors.
Mr. Williams ropllod that this could ho
done , but that the mini bar must include all
Hvo of the government directors.
Ho then took up tbo quonlon of whether or
not the contract was ultra vlro-i and whether
the court should enforce It , Ilo hold that the
contract was essentially n lease , and lot the
Rock Island Into u full and complete use of
the property of the Union Pacific.
At this point court was adjourned until
this morning. _
FELIj TWKNTV.KOUH FKKT.
Llttlo nplNodo in tlio Life of You UK
Frank Ncnlo.
Frank Ncalo , a sevontoon-ycar-old boy
working for Poycko Brothers , foil down the
elevator shaft yesterday afternoon and dUla-
catod his right elbow.
Noalo was employed in the shipping room
ot the candy factory and nas rolling a truck
onto the elevator at the second story.
The olovutor probablv wasn't there , though
no ono scorns to know unvthlng ubout It , and
both boy and truck toll to the basement , a
distance of about twenty-four feoU
Screams attracted the attention of ether
employes and the lad was carried upstairs
and Drs , HolTman and Blytho summoned.
An examination proved thoolbow broken and
quite a number of bruises. It was Impossi
ble to ascertain whether Noalo had boon In
ternally Injured or not.
The patrol wagon couvoyod the boy to his
home , 2001 Corby street.
Uosjlor'sMagtoIIoadacha Wafers. Cures all
hcaduche * In 'JO mluuto * . At alt drugs' ' *
FAIREST OF SECRET ORDERS ,
Sisterhood of the F , . 0 , and Its State
Convention at Superior ,
ENTERTAINING EXERCISES THURSDAY ,
Papers mid Wlio Kcncl Them York
Gets the Next Convention
Closed Lmst Nl
0 list Notes.
Scrnnioit , Nob. , Juno 13. [ Special to Tun
Br.i : . ] The grand chapter of tlio P. K. O.
society of Nebraska opened its second day's
session at 0 o'clock yesterday morning , MM.
AllcoOareyBripgs.statopresident , presiding.
The attoiulanro of delegates was largely aug
mented. After devotional exorcises the ques
tion box was opened and the chapter Indulged
in a lively discussion of the various ques
tions propounded.
Mtss Edna A. Goring of Plattsmouth read
a paper on "Tho Use and Abuse of the Black
Ball. " She ox hi b Hod considerable skill and
ability In handling this question , and her de
ductions could bo wisely mid safely followed
by all our societies who have occasion to use
tlio ballot. Numerous requests were made
for the publication of her paper , but this so
ciety appears to bo very jealous in keeping 1U
documents and thoughts for the solo and ex
clusive use of the sisterhood , and hcnco the
request could not bo complied with for the
odllicatlon and curiosity of man.
General discussion of business of tbo order
then followed , and at 11 o'clock memorial ex
ercises took place. These oxorclsos were
conducted with a great deal of profound
sorrow and genuine sympathy and for the
time being the room had the appearance of n
ledge of sorrow. During the past year the
society has lost throe of its members who
had been among the moat prominent and
ofllciont workers , and the tributes paid them
today evidenced the fact that while they
wcro among the departed their memory was
revered , their acts of itfo appreciated and
their womanhood survived by reason of the
daily manifestations of tholr work bcine
visible. A eulogy on the Ufa and character
of Mis. William N. Hunter , latoof Superior ,
was rondotod by Miss Dora Spoor of Superior.
Miss Joslo Durland of Norfolk delivered the
eulogy on Mrs. Mary B. Hichurds of Nor
folk. Miss Winnlfred D'ergusonof York deliv
ered the eulogy on Mrs. Uarrlo Gaudy Baunlc
of York. Uev. C. M. Shepherd conducted
the devotional exorcises. The slnglnc was
exceedingly appropriate and selected with
especial reference to the occasion.
The memoilal service of this society Is out of
the general run and 1 grand and .sublime , It
having more of the loving , tender and sympa
thetic feature connected with it than is found
in our mala societies. Superior ledge pre
pared n white chair whioh was draped in
crape with a wreath of roses surmounting it
In memory of Mrs. Hunter. At the conclu
sion of the services the morning session
closed.
In the afternoon session the question box
was passed. Miss Kato Meek of Superior
read n paper , "Is the Present Tendency of
Our Society Towards a Truer Womanhood ! "
which mot with high appreciation and evi
denced great rosoaich and clear reasoning.
Business pertaining to the society then inter
vened , utter which came the selection of the
place for holding the next convention. Con
siderable rivalry existed for the location.
Plattsmouth presented its claims as well as
Holdrego , but after spirited ballots York
finally captured the convention. Each city
had strong friends who fought as tenaciously
as old politicians would to secure the location
of u state capital. But throughout the con
test no bud blood was shown in any respect.
Miss Ella Andrus of Wahoo then gave a
recitation which elicited generous applause.
The president appointed a commit too on
formula for written instructions to delegates.
The committee reported and the convention
then adjourned for suppor.
The evening session was principally.de
voted to general business of the society. Mrs.
Minnie Durland of Norfold road n paper on
"Our Standard for IS'.U. ' " Miss Jean Todd's
( of Superior ) recitation was very taking.
Mrs. Wllllan Loudan of Omaha read a paper
entitled "Why am I a P. E. O.I" This paper
pertained entirely to the society , and her rea
sonings evidently were very cogent to the ladies -
dies , especially if the applause which she so
frequently received Is a fair critoiion to
judge from. After music the convention ad-
lournod its session for the ovoninir.
The homo ledge is making it very interest
ing for the convention. Superior loago ,
Chapter D , has u membership of forty-eight ,
and each of these ladles appear ) to bo a com
mittee on recaption and entertainment.
The convention is developing literary
talent of no mean order. It closed this own
ing with n banquet.
JUST NOTES.
Mrs. Winnie Durland of Norfolk appeared
to bo the best parliamentarian and was a
ready and pleasant lalkor. Her sister-in-
law , Miss Josie Durlar.d , appeared to be of
the same caliber. They n ere nbout the best
talkers in the convention.
Mrs. Lulu B. Patrick of Holdrego , the cor
responding secretary , was ono of the most
enthusiastic workers.
Miss Estello Uynn of Hastings was warralj
congratulated on the paper she read to the
convention. Miss Ryan is a very bright and
intelligent young lady who is making a host
of friends.
This convention demonstrated that the
order has some very sweet and talented sing
ers. Miss Llbblo Jones of Hastings has a
charming voice and captured the people at
the open meeting held on Wednesday evening -
ing by her singing.
Mrs. Mary Housoworth of Plattsmouth ,
who is the corresponding secretary of the na
tional grand chapter , road n panor pertaining
to the order entitled , "Who Can Toll , " which
Is highly commended as a great literary pro
duction.
Mrs. Alice C. Brlggs was ono ot the most
Indofutlgnblo workers , and as state president
she presided at the convention with case and
dignity , and made n host of friends.
Mrs. F. J. Fndden , the vice president of
the local society , was a host in herself in
seeing to the comfort of the guests.
Allss Etta Andrus of Wahoo was another
noted elocutionist in attendance ; her reci
tations always merit high commendation.
Mrs. William B. Mulntyro of Hastings at
tended the convention.
Miss May Randall ot Falrflold and Miss
Eunice Kynn of Alllanco closely scrutinized
the work of the convention ,
Mrs. Adclo Ballard of Holdrogo was
another of the singers whoso songs were re
ceived with great applause. She has a flno
voice which attracts attention at all times ,
mid she is largely in demand for her musical
talent.
Mrs. Dr. Bradshow , Mrs. W. A. Movers ,
Misses Dora Spoor , Kato Mcok and Mamlo
Volbchr as a reception committee were n
good success.
Miss Dora Baumbac.l , of Nelson is particu
larly noted for her ilno pluvlng of the man
dolin.
Miss Jean Todd Is a remarkably flue elocu
tionist.
Mrs. C. Mi-Naughton Is in charge of the
literary bureau. lu addition to her duties
she takes great interest in the deliberations
ot the convention and is a tits t class all
nrouud worker , whoso services cannot bo
dispensed with.
Military 31 at tors.
Lieutenant Bufllngton of the Seventh In
fantry and Lieutenant Uudlzof the Fifteenth
Infantry are in the city for the purpose of
taking the examination before the board for
promotion.
Private Frank C. Sobafler of company E ,
Sixteenth Infantry will bo discharged at his
own request on Juno 18.
MtKA Tilti.
Noticct of tlvt Una nrlenuwler t/ilt htait , fifty
cent * : e < ich acldlffrwal HIM ten ccnli.
K Mniulo , iigo'1 ' 4 yours , duitsh-
turof Mr. and Mrs , Ucoruo Golfenbook , Ji'iio
11 , IS'Jl. ' 1'unoral tiiitiirdny , Juno 1.1 , at S
p. in. , from family residence. Oil N. 17th
btrcot , to 1'orost Lawn. I'rlonda Invited ,
UOWJC Itoliert P. , asoil 1 your and 0
months ) , son of Mr , and Mrs. ( leorjo I' .
llowo. Nineteenth mid M streets , died at S
o'clock last uvuiilnR , The body was Hhlpued
thlimorulug to llouoy UruoU , lu. . for Inter-
rnout.
"THE CONTINENTAL. "
In FREELAND , LOOMIS & CO. , PROPRIETORS.
; GRAND GLOBING BAL.E 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 SILVER COIN.
Commencing Tuesday , June 9th , weoffer 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 wit/mit 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 coin 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/z # 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 , and with each pair purchased the discoiint in Silver Coin will be obtained by the purchaser.
Lot 3. We offer 1,000 pairs super quality Fancy Cassimere and Fancy Worsted Pantaloons -
loons manufactured in our own machine rooms in the most perfect manner , the latest style's
placed on the market , at $6 a pair. A large cash discount in silver will be received by each
purchaser from this lot.
Lot 4. We 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 both -domestic and foreign makes that are so popular this season. We offer them now
at $7 per pair , 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
he novelty . "of paying the cash discount in cash in silver coin is original , and we wish to make it
as widely known as possible , we reserve the right to deliver but one pair of pantaloons to each
purchaser.af -the time of purchase.
CORNER DOUGLAS AND 15TH STREETS ,
Largest Wholesale and RetailClothing House West of the Mississippi River. .
SOUTMl 03IAHA.
Inquest on'O. Gco Wo.
Coroner Hurrlgan empanelled a jury to as
certain the cause of the death of John Plook ,
who committed suicide- Thursday evening at
'
his homo , 2820 N street. The ovidonoo of the
manner , time and place of the lulcido was
such as has boon horctoforo published In THE
BISK.
BISK.Dr.
Dr. C. Gee Wo of Omaha was brought in
on a subpoena and during a long and rigid
examination gave an account of his profes
sional relations \\lth the deceased. Ho
doctored Flook and used only herbs and
roots. Ho did not Inform his patient how
long it would require to euro him. Flook ex
pressed satisfaction with the treatment because -
cause ho foit hotter.
Dr. James A. A. Kelly described the course
of the bullet from the mouth to its lodgment
in the brain.
The jury returned a verdict that Flook
died by his own hand , and asking that C.
Goo Wo bo investigated.
Shrewd HOI-MO Detcotlvo.
Some days ago a party residing nn the
west sldo lost a team of horses. A. tiboral
reward brought a man to the house who
thought ho know where the lost horses wore ,
fifteen miles In the country. Returning in a
few hours with the animals ho demanded
and received $ JO roxyard from the man's wife
and gave his. natno as G. W. Thompson of
Albright. t
On thinking over the matter it was con
cluded that the animals could not huvo boon
fifteen miles away and returned within the
time it was done and crookedness was at once
suspected. On looking up Mr. Thompson ,
ono of the beat citizens of Albright , the fraud
perpetrated was discovered.
St. Agnes' Siiliools.
St. Agnes' parochial schools will close next
week with the regular -examinations and an
xohlbltlon of school wdrk. Father Stephen
Carroll ot St. Cecelia's church , Omaha , and
Father D. W. Morlaity tpf St. Agnes , this
citr , will conduct the examinations.
The school exhibit will bo made in St.
Agnes' hall , Twonty-thjrd and Q streets , and
w ill bo open all weolc. The public is cor
dially invited.
Flroinon'H' ' ' Con test.
A score of men have 'diado ' application for
appointment on the fire 'departmont. To insure -
sure good men and to "bX iorfectly impartial
a contest will bo held ut,3 , o'clock this after
noon , This nftornooiijla/ldord / will bo put up
on 1'atrlck Rowley's ibjilldlng und the tlireo
men making the best rpoords will bo awarded
with tbo appointment -'A'hls is nn excellent
plan. - .
IMcnlo of the
As delightful a plcnUi as was over given
friends was that given Thursday in Syndi
cate park by the King's Daughters , Some
two acoro of couples were present. The
lunoh served was us well prepared as it was
nlcoly served and ) vns n typical King's '
Daughters spread and picnic.
Now Him of .Stock.
Paul Phillips of Douglas county , Kansas
shipped in a lot of spayed holfurs via the
Kansas City , the first shipment made to
those yards , and wcro continued to the
American live stock commission company.
Tney sold for $1.25. Other shipments will
follow.
_
Noten About tlio City.
Mra , John Anderson bos returned to Chi.
cago. . ,
T. I ) . Clement came lu from Kenton , O. , to
buy feeders.
Joseph C. Chriitlo , after a week's vacation
" * xter , la. , has returned and uas
commenced work on the Third ward school
census.
Mcsdaraes Hough and Bigolow have gene
to San Jncinto , Colo.
Sheriff Frank Harrlman of Washington
county was a visitor In tno city.
W. E. Skinner of the traveling force of the
stock yards bus returned from Chicago.
Mrs. Gibson , wlfo of C. D. Gibson , has
gone to Tekamah to spend a week with
relatives.
fflltS OA A Ii fA n.ltltt. I'MIS.
H. S. Reed ot Lincoln is at tbo Mlllard.
M. C. Keith of North Platte U at the Par-
ton.
ton.Milton
Milton Doollttlo of Atkinson is at the Pax-
ton.
ton.G.
G. H. Miller of Grand Island Is at the Mur
ray.
ray.Walt
Walt M. Seotoy of Bennett is nt the Millard -
lard , t
.T. M. Griffith Mvahools a guest at the
Mlllard.
M , B. Murphy of Plattsmouth is a guest at
tbo Murray.
W. N. Richardson of Rod Cloud Is a guest
at the Pnxton.
Charles Rosowatorroturncd yesterday from
Cornell university , Ithlc.i , N. Y. , and will
spend his summer vacation at home.
Dr. Ramucclottl , cltv veterinarian , left for
Now York city yesterday afternoon , having
been suddenly called away bv the announce
ment that his father was on his death bed.
Prof. McFarland , for three years professor
of natural sciences in Bellevue college , will
soon remove to Hnrrimati , Tonn , to take the
position of superintendent of city schools.
Harrlman is an Iron manufacturing town in
the Cumberland mountains with n population
largely northern and Prof. MeFarlnnd is
given full authority to organize the schools
on the bails of the host models in both literary -
ary and industrial departments.
Mr. Jnmos Tj. Allworth , who has boon
making semi-annual commercial visits to
Omaha for many years , comes this time with
his bo.uitlful young bride , having boon mar
ried a few weeks since to Miss Minnie Snuhr
of Mount Pleasant , la. Mr. and Mrs. All-
worth ate stopping nt the Mlllard , and Mr.
Allworth is receiving the hearty congratula
tions of his friends lu this city , of whom ho
has many. The bridal tour wlU bo a very
extensive ono and will Include points of In
terest on the Pacific coast.
NATURAL FRUIT FLAVORS.
Vanilla A Of porfoot purity.
LemonI
Lemon - Of great strength.
Almond Z | Eoonomy'ntholruso '
Roseetc.rl Flavor as delicately
and dollclouely as the fresh fruit.
GOLD MEDAL , TAHIS , 1SJ8.
Sweet
Chocolate ,
The moat pop
ular a w o o t
Chocolate in
the market. It
Is nutritious
and palatable ;
a particular
favorite with
children , and a
mostoxcollent
article for fam
ily uso.
Served as a
drink or eaten as Confectionery ,
it is a delicious Chocolate.
The genuine is stamped upon the
wrapper , 8. German , Dorchester ,
Moss.
Sold by Crocors ovorywhoro.
W. Baker & Co. , DonWtr , Mass.
CURBS
Gelds in thi
Head a
a ) by ont applica
ton , §
cow CaUrrh Q
w In a vtry ihort
H time ;
0a Hay Fever
M
k Ublebt.lfr' . Kn ll.h Diamond HlmxA.
TEWNYROYAL PILLS
l and Only Genuine.
Arc , tlvtri r IUbl . LADIE * uk ,
Ulicl > l for r k < l r Jftiolfilk Hit J
manj 0r < m 4 In Uttl ml UM m < 14lllo\
IIMIM tl wild blti ilbtxm. Take'
'noollicr ' iutimu V
* Rffuit 4-tnjtrovi <
tiom aihi ffltUdKorif At UruKlUll , or M&4 4 .
In attrapi fur jttrlloulfcfi tvlttinoaiili a&4
"llrlUr fur Ij dlr , "l > , l < ll r. br return
11 oil. I U.OOO r .UmoDl li Namtl-tftr.
Chlcbe torOlieiueulUw.Mu < tl nnHqunre ,
'
For sunburn
uae Pond'o Extract.
ASTHMA CURED S
f Vf&itmajafi Juuunt Don n T r/uid w eh
IfortAkU ilitp ) < ( TM > U am wl r ! UUMr 7 lir"2i
81.00 , cf Ira jlit7r I , aui\ \ . S 'Stj''vrf Bf * "
liugpf 'PH. . BonnrrMAifN. at : p al , Ifl ,
I ONDOHDERRY
ilM ivatnrcontatHtnn r ionf/l fif/if-
O 11 i to iiirffcr it irorrliiitlii" jiitiun.
Never fnlln to itleitae f/i inont fits-
tiafotm.
D Oof o rufveru " / cro recoinnn-inl it.
i > i r ten tlioiimtinl of tin-in ilrliif : It ,
Wo other trntet' lui" > r lil cuivif 0:10-
lllllfHO IIUttll/CIIHCHOf'l'IlCIIIIUltiHin
Dor uritt'fl.
a not ttilif our iroi' f for It.
E oinin ' - t > livnllan ifliat
/ / /
/.omfniirfcrrf/ In tin * nf/
itntin-iil Mimi'/illnii l.ithlii Hitter.
Renil rtii'efultii an > ° tiunltof CIII-I'H , ! ' < ! -
Ififil tin ] > lninii-l < niN , tnitileil free.
You OHM ulitiiln i.uinloinli't'i'H utlll or
Miiiirklinii ir/ii'ri'ivi * lettter IH wold.
rnxtonA ( iallnthcr , Distributing Asonti forOmiuo.
CHARLES B , PERKINS & GO ,
,
30 KILBY ST. , BOS1ON , MASS.
AOINTH. :
is what you need , for it cures
all liver , kidney and nerve
troubles. 250 package.
Remember that
HAHN'S ' GOLDEN DYSPEPSIA CURE
is warranted to cure dyspepsia ,
sickheadache , billiousness ,
lump Hko fooling in tlio stomach , or
inonoy refunded. Price 60o , of your
dt'UL'gist or by miiil on receipt of price.
TURKISH HHMEUY CO. ,
Oinnhii , Nobrasku.
Samples of Tea ft DvHiiopsluC'uru fnrSuxtump
k . 'f. FELIX tlOllllAItll'M OIMK.NTAI ,
OliKAM , Oil MAUIOAI. IIKA li 11KI Kit.
.3 - -
In , Muth 1'uU.liM. lta h uil Skin
UutuUMjf.Ali'J ' uvory bltniUh ou
krauly , nj UtltM
tUUitlon. It IIM
UHH | Iho ti t of to
yram , And In to
litllnlnuu a lull
tu uovuialtU plop-
nrljr umila. An-f 11
no ( uuiitnfrlt ot
At hit > rr VHid tu A
lady of OietiAUt ton
L1 rtcoiiiintii I liuu.
Iriuil'iC naiil'atlho
/Irutlmiinful cfall
' li ) Uu | iii. i .
llont" forwluty
all l rpifirl.u H'l '
rancy OuuJ > 1
cnlntlwUnUwlHlMM , < ' n ijn ni | Knrupo
riui.'r. ; uiwJuuM8t a , i