Nebraska Newspapers

    TJtilU OMAHA JJA1JUX l yj. J3JL2LTJkIJJN ! 5
CornerJ'arnam & 15tli Sts.
T
On Monday , and until all
are sold , we offer the best
quality 24-inch Wash Silks , in
all the new desirable styles , at
790 yard. We have never sold
these silks for less than $ i and
$1.10. These silks arc in great
demand'for fancy shirt waists.
AN .
Extraordinary
Bargain.
IN
24-InoI-i
Printed
China
Silks
AT
90e.
We place on sale Monday
our entire stock of
24-inch Printed China
Silks , at 90c peryard.
In the lot will be found some
very desirable new styles , in
black grounds , just received.
None these silks have ever been
sold for less than $ i and $1.25.
Monday's price 900 per yard.
This is a bargain you cannot
afford to overlook.
KELLEY.STIGER&Co
1UDE THEIR FINAL PLEAS ,
Closing Arguments in the Union Paoifio
Bridge Controversy.
. THURSTON DISSECTS THE CONTRACT.
Bo 8iows | From Hln Standpoint
How the Union Paciflu Would
Bo at- the flock Is
land's Mercy.
When the United States court opened yes-
terdiw morning the choirs usually occupied by
the jurors , placed on a dais In the southwest
corner of the court room , -wore occupied by
a number of ladles wbo bad putboroil to ,
listen to Mr. J. M. Thurston in his eloquent
exposition of tl\o Union Pacific's side of the
famous brldgo caso. The ladles seemed to
act as an Inspiration on tbo speaker , who do-
llvorod n most eloquent peroration.
Tbo court room wus crowded with lawyers
and rlti/ens who llstoilod Intently o every
word uttered by tbo speaker.
Judge Thuistou opened his argument by
flaying tbat no had been entranced by the
eloquent manner in which Judge WIthrow
rundn an alleged statement of facts at the
opening of tbo caso. Thu story told by tbo
gentleman resembled a romance by Haggard
or ono of the weird tales of Verno. The gen
tleman bad frescoed the cold facts in tbe cuso
with an elaborate array of picturesque state
ments without any regard for the connection.
. It would appear that the Union Pacific had
been anxiously waiting for years far a chance
to give away the use of its brldgo and termi
nals to some other company , He charged
ttiat the whole proceeding was a game of
luff on tbo part of the Hock Island. It was
made for the purpose of brlugiug this thing
to tbn attention of General .Uodgo and Mr
Adams in order to induce them to make the
Hook Island an offer of the use of the
bridge and terminals of the Union Pacific. Ho
charged thnt the Hock Island and Milwaukee
bad never intnndod to cruet a brldgo across
the river , but their pretense of so doing was
only a pan of the game to gain an advantage
ever the Union Pacific.
- . The effort of counsel had boon to show that
Sidney Dillon had boon nrossut at the con-
forom-o lu Now York when the
contiacts were under consideration.
The speaker bold that Mr , Ilillou
bad been present only n few moments at In
tervals aud had n ked linnmtoilal questions.
The speaker uduilttod that these points cut
no figure In tlio contracts , but ho referred to
them merely to show tbo tourt tno manner in
which the plaintiffs had sought to entangle
' tbo case.
If the courts should decide thnt the Union
Paclllo had the power to execute this contract -
. tract there would bo no ground on the part
, of the other side to claim that
I they bad been overreached or taken advan
tage of , hut if tbo court should decide that
I the contract was ultra vires , then also could
there bo no ground for a claim that the other
1 eldo had been entrapped into the expenditure
of millions of dollars lu tbo extension of their
i tystem.
The speaker denied that tbo contract was
In ocoordaurp with the memorandum notes
I made at the conference In New York.
These notes had never been soon since
' they were given to Mr. WIthrow , and the
speaker charged that they had disappeared
from the face of tbo earth.
The speaker suld that ho was not hero to
nrguo that the contract was not n copy of tbo
memorandum , but bo ald ho. was here to
assort tbat the Union Pacific , when it used
force to torminuto a contract which was
against Its interests , did what It thought to
bo best.
Tbo evidence would show that
tbo parties wbo were anxious for
tbo completion of tno contract were
tlio ItocK Island and tbo Milwaukee poonlo.
The authorities lu Boston did uot have ttmo
to examine It , tbo stockholder * had uot road
It , ana , U was an uuconslderod , hasty and 111-
suvlsoa action on the part of the Union Pa-
Vina , tie admitted that tbat was no dufouso
And he know that it roatod witb the Union
, Slip < Co
Corner Parnam & 15th St
CREAM
India Silk.
75e.
Tomorrow wo olTer a special lot of
" 1-Inch India Silk * , in cream and white
at
75c yard , well worth 90c ,
24-inch Cream India Silk 85c ,
worth $1
24-inch extra heavy cream and
white India Silk at $1 yard.
GRERM
Brocaded India Silks , 24 inches
wide , for this sale , $1 yard.
Very handsome hrocaded. India
Silk , really worth $1.65 ; .on
Monday we offer them at $1.35
yard.
BLACK
JHPRNESE SILKS ,
7B Cents.
24-inch Black Japanese Silk at
75cyard ; equal to any silk you
can buy in the city at $1.
24-inch Black Japanese Silk at
k S5c.
26-inch heavy hlack.Japanese Silk
at $1.10 ; this is a special bar
gain , regular $1,35 quality.
BLBBK 8URSJ1.
A new invoice of Black Surahs
bought at special prices will be
placed on sale Monday.
Black Surah 65c , worth 80c.
Black Surah 75c , worth 90c.
Black Surah 90c , worth $1.10.
Black Surah $1 , worth $1.35.
These Surahs are in great de
mand for-ladies' shirt waists-
KELLEY.STIGER&Co
Pacific to carry out the terms of the con
tract. It was a matter of record ,
ho claimed that those contracts
had nnvor boon acted upon In a
legal manner. Back of tno seals and signa
tures must bo the power and the authority ,
and back of all must bo the statutes , Cor
porations were controlled by the laws which
created thorn.
The facts of the case had been inquired
into and on these facts the case must rest.
It had boon stiown that tho'powor of legisla
tion rested with the stockholders.
The by-laws enacted by thorn constituted
the powers of the committees provided for
by the stockholders. It was the general law
and provision of the by-laws that the board
of directors liad the solo management and
disposition of the property of the corpora
tion. He quoted from the charter to the
effect that "tho stockholders shall constitute
the body politic and corporate , " laying strcis
upon tbo term "constitute. " .
Judge Thurston held that the directors del
egated their powers to tbo executive commit
tee of sovun , but this committee could not act
unless all seven members were present.
To this Justice Brewer took exceptions
.and several moments were consumed In an
argument in which the court took the ground
that the committee was a body as a whole
and in bodies of that kind a majority of the
committee constituted a working body.
Judge Thurstonstood his ground aiulstatod
further that no notlco of the mooting of the
executive committee had over been Issued.
Sidney Dillon was a member of the oxocutlro
commiUcoaudthocmnmittcohad , substituted
a Mr. Carr as a substitute for .Mr. Dillon.
This , ho hold , was beyond the power of the
committee to do.
This mooting authorized the president and
'secretory to execute the contract , which ao-
tlon was Illegal and gave those officers no
power.
Tbo speaker hold that the action of the
stockholders was not a proper ratlllcatlon of
the contracts. The records showed that the
contracts were not road to the stockholders'
and as far as tbo records were concerned
uono of the stockholders know anything
about tbo terms of the contract.
Ho hold that wboto the directors of a cor
poration were given power to transact the
business of the corporation the ratlllcatlon of
the. stockholders was a farca
Judgu Tliurstou then wont on. to say ttmt
the directors were not vested with power to
dispose of the property of the company with
out tbo consent of I've ' government directors.
Whan the company was first organized there
were only two government directors and this
number was afterwards Increased to ilvo ,
thus showing that the govern
ment intended to have a voice
in all the proceedings of the corporation.
If the proposition sot forth by the gentlemen
on tbo other sldo were true the executive
committee might hold a mooting without any
notlco to the world or any one else and dis
pose ot tbo eutiro Uuion Pacific system.
He therefore hold that the contract was
never ratltlod , and nt the flrst full mooting
ot the directors the contract was disaffirmed.
Judge WIthrow interjected that this was
tbo 11 rat mooting after Jay Gould got posses
sion ot tbo Union Pacific.
Judge Thurston admitted that this was
true , but argued that Gould had doao what
any honest man would have done , namely :
Cut out by the roots u destructive contract.
The JU'Igo held that the action of the Union
Paciilu had boon Justified in its acts In abro
gating the contract in order to preserve Its
revenues.
If the Union Pacific could allow
another company to enter upon
the equal USD of Its tracks from
Council Bluffs to South Omaha there was
nothing to prevent it from loosing its line to
Cboyoiine , and the speaker said ho would
ndviso Jay Gould how to destroy competi
tion In this section if this stand was good.
The speaker argued this point at great
length. Too other sldo had crgued that the
littlunoss of the contract constituted Its
legality. Under the contract thoio
companies had the tight to put
dummy trains between the DlutTs and
South Omaha , and the Union Paclllo
would have to go out of buslnota. Under
.tho contract tboso companies could tnko all
the business of roads terminating nt the
Bluffs aud carry it to Sovhh Omaha und take
all the business away from the Union Paclllo
by simply lowering the rule , and the Union
Pacific had no power to prevent It ,
Judge Tuuraton held tuut the Union Pnclllo
could not operate a slnglo through train on
1U lluo without the consent of thcaa two
roads , because tbosuproma court had llxod the
custom terminus of the Union PuciUu at
, Slip & Co
Corner larnam and 15tli Sts.
G FEAT REDUCTIONS
Exquisite styles , during -
ing this sale at - -
Henrietta. Sateen
WARRANTED DYE.
Beautiful in finish , the best Black
Henrietta in the market :
Reduced from 250.
i * G Former price 30c.
3 O G Cut down from 35c
Challie , Challie ,
19c. 19c.
Challie ,
19c.
PLAIDS 45c. 45c.
Wo offer one case of choice
Pliudb during this gate at the
low price
45c. 45c. 45c.
BRILLIANTINE.
- All colors , pure Mohair , 40
- ' inches wide , reduced from
7 5c.
Fancy and fine stripes , beat
imported , former p'rico 81.
48-inch extra' flno grade ,
splendid mixtures , cut from $1.
BRILLIANTINE.
Black pure Mohair , 40 inches
wide ,
45c. 45c. 45c.
NUN'S VEILING ,
Black Imported Nun's Veiling ,
for this sale wo r.oducb from 75c
to
6Oc. 60c. 60c.
SERGE.
Our 05o All Wool Black Serge
will bo during this sale
5Oc. ' 50c. 5Oc.
KELLEYSTIGER&Co
Council Bluffs. The contracts nrovldod for a
board of arbitration for the fixing of time
schedules for trains for both tbo Hock Island
und the Milwaukee. Both boards bad control
over the Union Pacific trains. If these boards
did not ngreo about the running of the Union
Pacific trains , what was to bo donoi If tbo
Rock Island. board said to start the Union
Pacific train from the Bluffs at 7 o'clock and
tbo Milwaukee salil to start It at 3 o'clock ,
what was the Union Pacific to do !
Taking up theqifostion of the valUe of the
property su bjoet to the contracts , Judge Thura-
ton charged that the figures nivon by the
other side were deceptive. They bad lleurod
ou two main tracks , when as a matter of fact
the contract gave these two roads the use of
ull the main and passing tracks which the
trafilo ot the future might require. The
Union Pacific was required to acquire all the
property which mizht bo necessary for the
trafllc and the other roads had the privilege
of using it without any increase la the
rental.
Spcauing of the acts of the Union Pacific
in protecting Its property Judge Thurston
claimed that the Milwaukee had boon noti
fied that it would'not bo allowed on the
Unton Pucific tracks. Ho said the Uuion
Pacific had learned its tactics of forcibly
protecting Its property from his friend Pop-
ploton , and they should havc , expected to
Und pitfalls prepared for thorn.
Judge Thurston then took up.tbo question
of the contract as it concerned the Republi
can Valley road. Ho hold that tbo contract
bad never been ratified by tbo Republican
Valley company and the Union -Pacific could
not ratify the contract for that company. Ho
adtnlltoa that the Union Pacific was tbo sole
stockholder of the Republican Valley , but a
single stockholder in his individual capacity
could not convoy away tno property of the
corporation. The primary reason was that
the rental money belonged to tbo com
pany aud must bo placed in its
treasury to satisfy claims against tbo com
pany. The contract provides that the Union
Pacific leases to the Rock Island the line of
the Republican Valley and the Hock Island
the rental to tbo Union Pacific. Tbo
Republican Valley gets nothing and is shut
out from participation in the proceeds of tbo
lease. Hcnco this was no contract on the
part of tbo Republican Valley road. It
might bo that the Republican Valley bad
stopped Itself from interfering wltb the
granting of the use of its line by tbo
Union Pacific , but the contract was
not the contract of. tbo Republi
can Valley. If the Union Paclllo
should soil the stock of tbo Republican Val
ley tbo rental money would not follow tbo
stock , benoo the stockholders would have no
claim upon tun Rock Island for rental money
for 'JO years.
Passing to the question of the right of the
Union Pacific to admit another lluo upon its
tracks , tbo speaker said ho would not contend
that tbo road had no right to allow another
road to come upon its tracks uuu pass along
it n short distance and then dodge off , with
out doing any railroad business except the
turning of a wheel , but be held that
it could not give another road the authority
to como onto its line as a competitor.
Judge Thurston closed by saying that tboso
other roads could not do the business on a
road they ir.iijht build themselves that they
could do under tbo terms of these contracts.
The speaker sad | the city bad been up in
arms because it had been" represented that
the operation of thato contracts would bring
into this city the commerce of the east. He
asked the court la examine the contracts and
soq that the provisions of the Milwaukee
contract prevented the Union Pacific from
over admitting any other road onto its bridge
aud into Its depot. The Rocic Island contract
prevented tbo admission of any otbor com
pany except upon the sumo terms as those ou
which the Rock Island was admitted.
At thoclaio pf Judge Thurston's address
the usual noou recess was taken.
The afternoon session was the beginning of
the and. Hon. J. M , Woolworth . addressed
the court in the closing argument for tbo
plaintiffs. Ho said It could cot bo hold thnt
there could grow up' In this country great
corporations which were beyond tbo control
of tbo courts.
Passing to tbo contention that the Rock
Island bad no power to make contracts and
bad no judicial existence in the state , ho
quoted from * the supreme court dscUlous to
show that uudnr similar clrcuimUuioo * the
court had tteld that such existence was lojcal.
Roforriuir to the statement that the contract
was not bluulugou the Omaha & Republican
Valley , ho quoted from the uvldouco to show
that tbo contract had been passed upon bv
the proper offlclah aud the directors aud
Cor. Farmnj. and 15th
We are -showing the
most varied and com
plete assortment of
Black Organdies and
Lawns , in both stripes
and plaids , that cari * be
found in the city.
On Monday we offer
our regular 18c qual
ity for 14c.
Special values at 18c ,
20c , 23 , 28c and 28c.
It will pay you to ex
amine this stock before
making your purs-
chase.
Figured mulls 3Sc.
Printed India dimi
ties 18c , regulor price
New styles ehallis Be
Dress ginghams Sc ,
worth Sj c.
Select styles dress
ginghams at 12 * e and
IBe.
t Jin i
lO-pieces-vfine Mazep-
pa cloth "With black
ground ancl , white fig
ures , very- ' desirable ,
reduced foi this sale to
29e yaud ; regular
price 38c. oJoi < '
&Co
stockholders. It bed boon hold that because
the rents were to be paid to tbo Union Pa
cific it was invalid. Ho claimed that the di
rectors and oQlcors had directed that such
disposition bo made of that monoy.
Tbo speaker than made tbo claim that the
officers of the Union Pacific were authorized
to make the contracts In question. Moreover
tbo contracts had boon ratified by the direc
tors. The contracts had been referred to
the executive committee and'by virtue of its
general powers it was vested with tbo power
to ratify such a contract. Ho hold that it
was competent for the board to delegate
tboso powers to a committee und tbo action
of tbo committee was-binding on the whole
board. Ho read from the by-laws of the
Union Pacific to show _ tbo powers ot the ex
ecutive committee of the board of directors ,
and the clause providing that the proceed
ings of the executive coinmittoo should DO
read to the board of directors at tbo next
meeting , claiming that tbo board of directors
bad boon informed of the ratification of tbo
coutractand If it bad. not acted upon it , Its
non-action affirmative of those
- was proceed
ings. Ho then adverted briefly to the fact
that tbo stockholders in a regular mooting
uad approved the contracts , thereby render
ing them valid without any consideration of
the action of Uio executive committee or the
board of directors. Ho stated that the charter
of the company was silent upon the question
ot matters like the one under consideration ,
and ho held that in the absence of any spe
cial provision of this kind the common law
stopped in and governed . Not ono word ap
peared in the charter setting forth the power
jf the board oi directors except to give that
ijody power to appoint subordinates for the
[ > urposa oT construction , and the speaker
argued that therefore the power of admin
istration aud management was vested fn the
stockholders.
The stockholders mot in regular annual
session , and ho hold that the claim that the
call for the mooting should contain the busl-
1033 of tbo mooting was not well founded ,
i'lioro wus nothing in tbo- charter providing
For such a notice , and the common custom did
lot require such a statement in the call.
Mr. YVoolworth argued this phase of the
case at great length , reading copious extracts
'rorn the charter and the testimony iutro-
luced to substantiate his argument ,
It had boon argued IUBL the approval , or ,
nt least , the counsel and advice of the gov-
: nimont directors , was necessary be
fore anything could bo done by
Lbo board of directors. Ho bold
.hat this assertion was ridiculous.
JuUersucb a condition it lay in the power of
five men who had no , sort of interest in the
irospcntv of the company to block tbo entire
[ iroccodings of tbo "tf > mpauy. If sucb bad
joen the intention ofjiicongrojs when It cre
ated tbo office of ( Toyornment director it
would 'tiavo leglslatou * ' accordingly. The
charter provided thaiuttio government direc-
-ore should report to Uw-peoretary of till ) in
terior tbo progress and business of tbo com
pany , but there was 'tlrft'hlng ' to Justify the
xmtunHon that the prftfcuinco or vote of auy
or ull of these direct-op ) , was nocosoary to tbo
completion of any business.
Judge Woolworth ibblP took UD tbo ques
tion of tbo cotupotouojt ot ttio Union Pacific
company to execute , . < joutr-.icU such oa the
ones lu controversy , lie reviewed tbo his-
: ory of the Union Paofllo1 at length showing
.hat the plan from tho-jftjry inception of the
road was to constructa system of connecting
lines from tlioPaelllc ijb.tst to the oast. In
order to moro fully carry ! out this plan tbo
company was authored.to Issue bonds for
tbo construction of a bYiiliro across tbo Mis
souri river. Ho tnadalho point that the acts
of congress providing Tor the construction
) f the brldgo and providing for tbo
Issuing of bonds carried with them tbo
conclusion that the bridge wan authorized for
Lhu purpose of forming closer connection bo-
.WOOD tlio" Uuion Pacific and other roads
terminating at or near Council Bluffs uud ut
or near Ouiubn ,
The speaker held that the Unton Pacific
was not released frotn ita obligations to the
government by allowing otbor companion to
jso tbo brldgo and was not Interfered with
in any way in the discharge of such duties.
Thu contrneU did not interfere in any man
ner with the Union Pacific In allowing any
other companies to como acrois the brldgo ,
and the speaker denied the statements to the
contrary.
Ho argued fiat it was perfectly proper and
legal for a corporation to dispose of property
for which it bad no particular use without
disabling itself from the proper performance
of Ita duty.
Taking up the question of whether or not
the document lu controversy was a lease , tbo
Corner Parnain and 15th Sts.
Lai
Lndios' Fast blnck Cotton jjoso ,
double heel and too , reduced for UIB
sale from 35e to Sue.
SPECIAL. SPECIAL. SPECIAL.
Wo have tnkon nil of our Fancy
Hose , in plain colors , fast blnck boot ,
etc. , Jhnt wo have boon sollliiL' at 60c ,
fi5o and 7Cc together with our 5Do qual
ity Fast niiicic Cotton IIoso , und pltico
them on snlo for this week at 35c per
pair or 3 pairs for $1. This is a ponu-
ino barpain , and every lady will appro *
elate It.
lll
A Bpoolal lot of Indies' Ribbed Vests
atlOconchora for 60u ; roguliir prlco
21c.
21c.Wo
Wo also place on sale Indies' Swfss
rjobod pure silk Vests , in sky , pink and
cream , at 81.35 ouch ; never sold for less
than 31.05.
CHILDREN'S
Odd lots and odd si/cs in Children's
Black Lisle and Cotton Hose , in ribbed
and plain , that wo have sold from GOc to
OOc per pair , sale price iJ5e per pair or 3
pair for 81. In tnis lot will bo found
many of the celebrated "Linworth"
dye. This is the greatest bargain in
Children's IIoso we have over offered.
MEIN'S
BALBRIGGAN
UNDERWEAR.
Wo still continue to soil Men's Genu
ine French Balbriggun Shirts and
Drawers at ( ffijc , each , worth 85c. Those
goods if imported today could not bo
sold for less than $1. Examine quality
and bo convinced.
B
Black Milanese Silk Milts in two
lengths at 2f c per pair , good value at
3So.
3So.Black
Black Milanese Silk Mitts , extra
heavy , in three lengths , also extra
largo sizes , 50c per pair ; good value at
COc.
COc.Extra
Extra flno pure Milanese Block Silk
Mitts , regular SI quality , for 75c.
KELLEYSTIGER &Co
speaker hold tbat it was not a loose In the
full sense of tlio term , as it did not give the
plaintiffs possession of the road or any part
of it. It was simnly a traflio arrangement ,
giving the plaintiffs the right to haul its
trains over a uortiou of the track.
Judge Woolworth concluded his remarks
by calling the attention of the court to the
fact that tbo city bad granted tno Union
Paoifio the very land over which the Uock
Island now desired to run. on the condition
that the Iowa roads bo allowed to run into
the do not.
At the conclusion of Judge Woolworth's
remarks , Judge Dundy asked if the contract
did uot bond the Union Pacific to allow ttto
Hock Island to enter u depot to which the
former bad no title.
To this Mr. Woolworth replied that the
Hock Island already bad a contract with an
other company which gave it the right to
outer the depot. Moreover , be held that it
was cowardly to hide behind such a provision
as that when it was n well known fact and
was shown in the evidence that the Union
Pacific owned ono-dnlf of the union depot.
Furthermore , the Umou Pacific had expressly -
prossly stipulated m the contract tbat it did
have the power to allow the Rock Island to
enter the depot , and that stipulation was
binding on the Union Pacific , oven if it
should ho proven that it had not the power to
make sucb an agreement.
In conclusion Judge Woolworth called the
attention of the court to the last clause In the
contract , which provided tbat if any clause
in the contract should be found to bo invalid
it should riot have the effect of rendering tbo
contract as a whole invalid.
With this the great cnno ramo to a close
and court was at once adjourned untH Mon
day morning.
Justice Brewer and Judge Dundy held a
consultation immediately after court nd-
iournod to consider tbo case. Tbo former
.stated that ho was unable to say when a de
cision would bo banded down in tbo caso.
Justice Uruwcr loft lastulght for St. touts
whore bo will hold court during tbo coming
WOOK.
Counsel for tbe Rook Island were very
hopeful for a finding < n their lavar. They
returned to Chicago last night.
BIr. Bloriarty Gets ICven.
OMAHA , Nob. , Juno 13. To the Editor of
TUB HEK : Allow me the space of a few Hues
in your columns to notlco an editorial article
in this mornlng'.s I jo of the World-Herald ,
concerning the discnartro by Judge Holsloy
of trs. ) Mi.T.ftUghln } , Sinclair aud Williams ,
at the preliminary examination closed on
yesterday. The editor of that paper aooms
: o have boon disappointed at that result , and
ventures to account therefor by what ho
enumerates as "self-evident causes. " Ono of
these "solf-ovidont causes , " as bo puts It ,
bvas "a very sickly prosecution. " As
, t foil to my lot to appear
therein for the state In the , preliminary
examination , tbo clmrgo of "sickly proiccu-
tlon" applies , of course , to the manner in
which I there performed the duty assigned mo.
Whether the chur o Is warranted I shall not
unaortuko to decide , for tbo reason I prefer
.caving the matter to the determination of
: tio30 whoso opportunities forobsorvatlon are
butter than these of the editor of the World-
Herald , und whoso self interest In the prom
ises Is loss than my own. If , however , tbo
manner in which I conducted the prosecution
was "sickly , " as thus assorted , the most hu
miliating fcaturo of the suggestion is tbutmy
effort was in that respect marked by thoaamo
characteristic which so strongly distinguishes
many of the editorials of the World-Herald.
Another "solf-ovidunt cause" for the result
so much deplored by tbo World-Herald was ,
is it claims , the "able defense made by the
urilllant attorneys for the prisoners , which
contrasted so strongly with the feeble efforts
Bade by the prosecution , " That my brothers
.n the profession wbo appeared for the 'de
fendants are "brilliant" J cheerfully mlmlt ,
aud In this particular they differ oisontlally
Trow the editor wbo thus attempts to bo
, helr eulogist. No Invidious comparison be
tween their abilities and mlno can awake in
no an envious desire to snatch n slnglo laurel
Troin their brows , und I doubt not bis com-
[ illmont would yield , ovnn to them , aawoutor
pleasure , had It como from a moro reliable
md authoritative sourco.
The last "suit evident cause'1 for the dls-
: hargo of the prisoners , as contended , is tbo
onlonoy ot Judge Helstov and his disposition
.0 favor the rich and Influential whllo aool >
ni ; severely with tbo weak and poor. It may
bo that Iho editor of tbo World-Herald , iu his
Cor , Parnam and 15th.
Special Sale
OF
BLACK SILK
JUl
.Figured , dotted and striped effects ,
in pattern lengths ranging from 0 to 7
yards , at 93.60 , $4.CO , 80.50 , $7.60 & 310.
BLACK ALL SILK
Demi-Lace Flouncings
'
In all the' popular styles.
Cromo , Antiqo , Val and Mccklin
Point
Demi-Lace Plouncings
All at popular prices.
Ladies' Handkerchiefs
Wo are cleaning up stock in this de
partment , and liavo made a few swoop
ing reductions.
( S'Don't fall to visit , this department
when down town.
LADIES' ALL SILK
WINDSOR TIES
In plain and figured China silk , also
grenadines and riuh plaid und striped
silks , fi-in and 5J-ln wide by 30-In long ;
only 25c each.
Superb effects In rich figured Japanese -
ese und Chinese silk , also lovely plnids
and stripes in flno twilled wash silks ,
5J-ln by 38-iu long ; only 50c ouch.
( fS'The correct thing to wear with
chemisettes , shirtund blouse waists , bla
zers , etc.
16-in black embroidered skirtinps.
45-in white embroidered skirtings.
22-in and 27-ln white embroidered
ilouncings.
all boon greatly reduced.
"We are showing some very choice
styles in long wraps , suitable for trav
eling. Also a splendid assortment of
blazer jackets , in dark , .medium and
light shades , also creams , .
In ladies' shirt waists wo show you all
the now styles and patterns in bilk , per
cale , sateen and English cheviot , at
popular prices.
KELLEYSTIGER&Co
opinions affecting individuals , is controlled
by their poverty or riches ; but if so ,
it may bo said to the honor of Judge
Holaloy that bin judicial opinions al
ways rest upon an entirely different
basis. Having enjoyed largo opportunities
for becoming familiar with Judge Hclsley In
his disposition of cases , I am frank to bay
that tiny charge made against him contain
ing tbo insinuation that ho is in any way
moved to unjust discrimination , by the pov
erty or ilchos of the prisoners with whom ho
deals , is absolutely without warrant r.nd does
him a serious injustice.
In conclusion , as the charges contained in
the article in question , are but vague and In-
dellnito Insinuations , I have endeavored to
give thorn the moro passing notices their
"sickllness" deserves. J. T. MonunTY.
Mothers -will find that Halter's Puin Par
dlyzor is a sura and pleasant euro for dar
rhooa ,
DOGS AND THE DUMPS.
They Are Very IJmlly Treated by tbo
Officers in ClmrRC.
Councilman Spccht has bis bands full in tbo
way of investigations. Ho is looking into
Pulaski's pound privileges , the diowning of
unlicensed dogs and tbo condition of the city
dumps , as well as the purchase of police unl
forms and equipments and other matters re-
atlng to that department. .
Ho says the Jones street dump is all rlfht
but lib stomuuh and wnolo internal
economy rebels against the condi
tion of the Davenport street dump.
Ho attiibutes its condition to the careless
ness of the watchman In charge In allowing
Jio irarbngo men to dispose of their louds as
they see lit. Night soil , stable refuse and
garbage Is dumped around anywhere and
ivorywboro , regardless of tbo nropor dump-
itig place , and the odor that arises from the
dump is something altogether indescribable.
Tbo atmosphere of the- entire vicinity is
permeated aud poisoned by that sickening
smell , and Spocht | s norlously debating in his
own mind whether or not bit constitution is
sufficiently rugged to warrant him In attend
ing many moro of tbo dog drowning mutinous.
Ho states that there are not nearly as
many dogs in Omaha as ho was led to bellovo.
Said ho :
"Somchowlor other , Pulaski don't drown as
nany dog * when I urn there watching him as
10 did before. Ho only soused twenty-three
: oday , and the number for the whole month
will not exceed two hundred or two hundred
and JIfty.
Concert nt tlio Park.
The Musical Union Mlllur.v bund will rea
der tbo following musical programme at
llimscom Park this afternoon , commenc
ing at 3 o'clock :
I'AUT I.
Jvorturo I'm niavolo Auber
Jli.ir.ictorlHtlci 1'loco Simplicity Mnsoj
'otnoiirrl Musical JoUes I hi mm
Wultz Iu Qltina liuoahHsl
I'AUT II.
: 'ost March Tannlmimor Wugnor
bpunish Fandango Tlio 1'uarl of Madrid. .
lluiibmann
iacrcil 1'otpoiirrl Herald Anjrnls lloycr
Descriptive A Trip to Coney Island'
Jlosos-Tobruil
Jynopals Hush to tlio bout. All nbourdl
Whistle. Ijlfo ou tlio Ocean Wuvo. Italian
band playing on board Htuamnr. Appear
ance of Jubilee Hlnpnrs WhUtlo All
nHliorn ! Hounllnir the train and arriving at
Oonuy Inland , uuroiiH.il boll. 1'nssliiK a
froo-und-imsy , KJoolliiK nn unploavuntaUN *
tomur , Apnu.iraiife of \ ory bud str ot band.
KntorbiK Wont llrlxhton hotel , UiofiroU-
c t living cornotlst la hoard , A liuavy tliun-
dur Htorm comoi on , with thunder und ll lit-
nlns. The clouds nro breaking , Hiitulilno
follows. Arrival ut llrlgliton llouoh , vrhoru
Huldl'H famous orchestra U board. lloira- ;
luK the Marine railroad , train arrives ut
Manhattan Ituach Just In time to hour Gil-
morn's Hand perform the Anvil Uhorus. In
troducing MX ) anvils HlKoal for 1'ulno'a flro-
vrorks In hoard , followed by oaniion allots
und Imltutlotiof HkyrouUotH. After u urand
ruth for the uoniQbound trulu , Hume ,
Hwuot Home , conclude * tlio piece.
I'AUT lit.
Ivorturo Oruhuun . . .OfTwnbaoh
' of Iho Uiiomoa ( by request.Ktlunburtc )
ielt'ctloii l'aUnltza . , . , , . . . , .mim > o
Uaroli Diamond , , Ilroolto
Knyt
D < ) vouantto rompvo tboso pimples from
yourfacol Usallallor'iSarsaparllla aud Ilur-
dOHik. U Is warranted to otfocl u compluto
euro.
JCorner Parnain and 15th Sts.
lomuilif
A spoclttl purcluiBo of flno Alt Linen
Thick Towels , regular UOo quality , will
bo placed on snlo Moutluy nt lUlo ouch.
Wo Jmvo tixkon 100 dozen of our ropru-
Inr < IOc TowoU , nntl will oiler1 thorn for
this ealo utlMa each.
At this prioo wo ofTor you ix Inrjj * n -
sortmont of oxtrn line Iluck Towolo
with dnmnsk borders and knotted
fringe. etc. , none worth loss than 45a
Sale prlco SJUc.
TURKISH TOWELS , 30c
If you want ix line Towel for the batli
room , coma and see what wo olTor you
Monday in
White Turkish Towels
ntSOooaoh. They would bo cheap at
,45c. ,
BED SPREADS.
One ciu > o White Crocliot Bed Spreads
, extra quality , now patterns ,
At $1.25
Ftegular value $1.BO.
Sun Umbrellas , SI.75.
Just received IfiO 26-Inch Gloria Silk
Suti Umbrellas , elegant line of fancy
natural wood handles , regular retail
price Sli.j7j ; , for this sale 81.76 each.
MUSLIN UNDERWEAR.
Gowns 50c. Gowns 50c
Fine Muslin Gem us , tucked yoke , extra
tra well ID ado , regular 75ogown , our
price COc.
Ladies' line Muslin Gowns , plain
yoke , turned collar and cuffs , neatly
edged with embroidery , regular price
OOc , special price 75c.
Ladies' Gowns , with V shaped nock ,
and hnndsomo turkod yoke trimmed
with line embroidery , at 05c , regular
price $1.25.
Lnco Trimmed Gowns , made of the
finest muslin , tucked yoke , lace inser
tion , a very desirable gurmont , at 08o ,
would bo good value at $1.35.
Dressing Sacques.
Wo are showing a very complete as
sortment of fine Dressing Saequos in all
the now styles and shapes , from 75c to
$3.50 each.
each.SPECIAL. .
Plain Lawn Dressing Sacquos , with
box plaits at 75c , worth $1.
KELLEY.ST1GER & Co
MR. BYRON REED'S ' BEQUESTS
He Bemembored tbe City in a Manner
Most Munificent ,
HIS FINE LIBRARY GIVEN TO THE PUBLIC.
Also n liot on "Which to Erect a' Bulld-
iiiC How tlio Ijnto Millionaire
Disposed of Ills
Property.
The will of the late Byron Hood was filed
in the oflloa of the probate court yesterday
afternoon. The document covers four pages
of legal cap paper , was executed Juno 4 and
wltncbssd by James H. Peabody , Ann 1C.
Campbell mid William O. Beckett. Tbo dis
position Mr. Hoed made of his property is as
follows :
The homestead ut the corner of Twonty-
flfth und Dodge streets is bequeatod to Mary
Melissa Hood , wlfo of the deceased , who Is
to have aud hold the same during bor natural
ifo-tlmo. In. addition .to this she is
ta have tlio household furniture , ulato , pic
tures , ornaments and the horses und car
riages. Tbo oxocutorshall pay bor such sums
of money as will provide for her comfortabln
suppoit and allow bur to maintain tbo titution
in lifo which aho has heretofore occupied ,
together witb sucb reasonable amounts asuho
may wish to use for charity , for her proportionate
tionate share of tbo expenses of the church
society to which sha belongs. Ho may also
allow bor sums of inor.oy to help.such of bor
relatives as are in peed of pecuniary assist
ance.
ance.A sister , Susan Carter , rcsldlncr in Tram-
mi ! county , Ohio , is to bo paid tbo sum of
WX ) per your while she lives. Another sis tor
of the deceased , Abby Hills , is to roroivo the
sum of $300 per year during bor lifetime.
The lot at the southeast conior of Hurnoy
and Nineteenth streets , US 8-10x83 5-10 foot , Is
joquoathed to tbo city on certain conditions ,
If tbo city uccopts the gift , within 0110 year
ft om the time tbat the will U admitted to
irobato it shall begin the erection of a
four-story fire proof building , cover-
ins the entire ground. This building shall
bo built suitable for u nubile library und art
gallery and vhall always be uaud us sucb. If
.ho building is completed within two years
from the date of the probating of tbo will ,
then tbo dcod shall pass to the city : Upon
.ho completion of the building , within the
, lmo specified above , Mr. Hood'u private 11-
irnry , comitstlng of books , manuscriptsmug-
uzlnos , papers , autograpbs , coins , paper
money and other valuable relics nhull bo
removed to the building and there
'orovor remain , to bo used free of
charge by the public , under such tuloa and
regulations as the library bo.ml may pro
scribe. It is stated , however , that none of the
article so bequeathed aboil bo removed from
the building or library rooms. Should the
city full to nccept the gift of the lot , tbo
proportv passes to the executor und becomes
u portion of tbo gen oral property of tbo
estate.
All other property both real and personal
s to bo divided equally between the son , A.
LI , Hood , and u daughter , Mrs. MuHa John
son. After tbo death of the wlfo the homestead -
stead is to pass to tbo son uud daugber.
Abraham L. Hoed is named as executor
without bonds.
Constipation poisons the blood : Do Witt's
I.lttlo Early Klsera euro Constipation. The
causa removed tbo dlseaio U coue.
Paoifio Const TenoliorH.
Two coiches filled wltb school teachers
from California will arrlvo oyor the lluo
Inglon at 4 o'clock this afternoon ,
Tnoso constitute the advance guard to the
educational convention to bo held at Toronto
next month. There nro about seventy-
llvo pedagogues in the n.irty aud several ot
them wlllsojourn InOunua for a few days.
A very small pill but a very coed ono. D <
Witt's I'lttlo Karlv HUorf.