THE OMAHA i DAILY BEE
ESTABLISHED JUNE 19 , 1871. OMAHA , TUESDAY MOll U , MARCH 27 , 189 L SINGLE COPY FIVE CENTS.
\
WEAR ARMOR PLATE
Secretary Herbert Sends to Congress the
Story of the Homestead Investigation ,
GROSS FRAUDS OF CARNEGIE'S ' MEN
Prepared for Inspection at Night Plates
Known to Bo Defective.
COMPANY WAS IN NO WAY RESPONSIBLE
Chairman Frick Know Nothing of the Matter
Till Notified from Washington.
HEAVY PENALTY EXACTED BY PRESIDENT
Ten Per Cent of tlm Contract Prlco A o * cil
M Ditiimgra-biipcrlntc-ndciit Hvli nl >
Jtcmoved HIM ! Night Inspection
Arranged nt the Works.
' WASHINGTON , March W. Secretary Her
bert led y sent , lo Iho house an answer lethe
the CuiMulnga resolution calling for a stato-
mcnl of the details of Iho recent violation
by Carnegie , Phlpps ft. Co. of the contracts
with the United Stales for Iho 'manufacture
of armor plato for the navy. The secretary's
answer Is very lengthy , giving In detail the
history of the progress nnd discovery of one
of the most glganllc frauds known In our
naval administration.
Some lime last September the secretory
received from James Smith ot Pitlsbtirg ,
ntlorney repicscntlng certain persons In the
employ of the Carncglo Steel company
( limited ) of I'lllsburg , notice lhal these em
ployes had in tlielr possession Information
which would bo valuable lo the governmenl
relating to frauds then being perpetrated by
certain employes of the company , which Ihey
would give lo tlio governmenl for a sufll-
clenl conslderallon. The secretary agreed
that if the Information should lead lo Iho
recovery of money from the company lo re-
munernle the Informers from the sum re
covered , bul nol to pay any expenses. Three
of the employes and the attorney were care
fully examined by the secretary , who was
satisfied tlmt tlielr statements wcro not with
out foundation , nnd determined upon
a thorough Investigation. He. wns
convinced that Iho men had no
feeling of hostility toward the com
pany , had not been engaged In the blrlkc
and SbComed to be Influenced only by a desire
' to realize money. The ntlorney general
found lhal Hie department might conlracl
with Ihese men and the contract was made
agreeing' to give them 25 per cent ot the
mohey recovered , in consideration of the
fact thai Ihey would , ot course , be dis
charged uud blacklisted and that other em
ployes from , whom they would procure Infer
mation' would also lose their places.
WHAT Till } FIIAUDS CONSIST OF.
The secretary says at this point : "These
inen had been gathering Information for a
long time. This they submitted lo Ihe de
partment in great detail. The allegations
were that the company employes had failed
to temper armor evenly and properly , had
plugged and concealed blow holes , which'
would have probably caused a i ejection of
plates by the government Inspectors , and
had retreated , without knowledge of Iho inspectors
specters , plates which had boon selected for
lest , to make these plates better and
tougher than the group of plates represented
by lltem. "
The secretary tells how the naval Inspectors
specters at the works select one plate from
each group , which Is thoroughly tested , and
upon the results of this teal depends the nc-
C3planco of Iho whole group. The informants -
formants stated that some ot these plates ,
after they were selected by the Inspectors nl
the works , had been secretly and without
the knowledge of the government Inspector
retreated at night , that they were rean-
nealed and rclempered , so as lo make IhBin
bolter and tougher than the group of plates
ot which they were supposed lo be Ihe leasl
resisting ,
It was the duty of the Carnegie Steel coin-
' pany , also , to submit to Iho Inspectois at
the works , to bo forwarded to the depart
ment , statements showing the length of
tlmo each plato had been subjected to the
healing and annealing processes. It was the
custom of the heaters at the Carnegie works
to hand In statements showing this upon
little slips ot paper marked In pencil. These
statements were subsequently copied and
sent to Iho inspector lo bo forwarded. The
Infoimauls staled lhal under Iho direction
of Superintendents Schwab. Corey and
Cllna the statements furnished to the
government Inspector vvcro In many cases
false , and they submitted many original
memoranda , handed In by the heateis , which
showed on their face In pencil maiks lhat
they had been altered. It was from Ihcso
altered and false statements , Iho tnfoimants
said , that tlto statements were nude which
v\cro sent lo the Inspectoia. The original
memoranda were supposed to have been
destroyed , but they had been preserved and
weio cent to the department.
Captain Sampson , chief of the bureau of
ordnance , was acquainted with the facts de
veloped , and calling to his aid Pi of. Alger
nnd Lieutenant AcKermun of Iho ordnance
bmeuu , proceeded lo make a thorough Inves
tigation. This Investigation showed thai Hie
tosl plales had been plugged and rc-lrcaled ,
and unstained the charges of the Informants ,
In a report to the secretary , the chief of
ordnance and his assistants assessed the
damages sustained by the government at
" " 15 per cenl upon the amount of armor de-
llyored to the government and upon all
premiums received.
The secretary says ; "In conversation
with the Informants I had carefully inquired
whether Iho chief olllcers of Iho company ,
Mr. Prick nnd Mr. Hunalcket , had nny knowl
edge * or Information ot Iho ft and which had
been committed. I was Informed thai Iho
Irregularlllcs had occurred chlclly , at nUht ,
and always when Iho government Inspectors
wore absent , nnd that Messrs. Frlck and
Hunslcltcr did not visit tlio works nt night.
I could find nothing whatever In the testi
mony of the Informants to Itidlcato that
either of Iheso conllemen know anything
whatever ot these li regularities.
fHAUQiS IN PART SUSTAINED.
"As boon ns the report from Captain Samp
son assessing penalties had been received ,
the department telegraphed for Mr. II. C.
Frlck to come to Washington to see the
secretary on important business , suggesting
that ho bring with him Mr. Iltinblcker , who
was more directly than Mr. Frlck In charge
ot the manufacture of armor plates. The
Interview with Messrs. Frtck and Hunslckor
V\UB In the piesenco ot Assistant Secretary
McAdoo and Captain Sampson. I explained
to them fully the whole tiunsactlon , staling
who the Informants were , the nature ot Iho
information acted on by the derailment , and
placed In tlielr hands Iho reports made by
Iho chief ot Ihe bureau of ordnance assessing
the damages as well as certain written state
ments inndo by thn Informants. They we're
itlto Informed thai Lieutenant Arkeriimn.
who had for a short tlmo been on special
duly at the works while this Investigation
wati going on , had reported tlmt his sus
picions were moused by ceitaln evidences
which he had observed , tending to show that
the operatives were concealing facts from Ihe
observation of the inspectors , and that
Lieutenant Ackertnan's observations were
made without any knowledge of the Informa
tion received by the department from the
employes us heretofore tinted.
I'MCK SATISFIED WITH THE INQUIIIY
' 'After ( till ) acquainting Messrs Frlck and
uuiulcker with the fads , I demanded nails-
Caution tor the damage * resulting from these
Irregularities nnd Informed them that they
would only be allowed to proceed with the
contract on condition of making full repara
tion. Messrs. Frlck and Hunislcker both
secniod greatly astonished nt the statements
made to them , nnd Mr. Frle1 thanked me
for the care and falrnesi wllh which Ihe In-
vestlgatlon had been conducted , and asked
tlmo for himself to Investigate and con
sider. Mr. Frlck nol only earnestly dis
claimed , ns did Mr. Hunslcker , nny knowl
edge of Ihe transactions , bul mentioned the
fact that ho had been In some manner
warned as to Irregularities thai wcro being
committed by the employes on Ihe armor
nnd lhal ho had Ihereupon written a letter
to Mr. Schwab , who superintended the heal
ing nml lemperlng , cautioning him to the
ulmosl cnro and diligence In faithfully ful
filling Ihe conlracls. ( A copy of Ihls letter
appears In the correspondence. )
"Messrs. Frlck and Hiitislckcr promised ,
after looking Into the matter of these
charges , to rtTturn , ns they did a few days
afterwards , bringing wllh Ihem written
statements made by Mr. Frlck , Mr. Hun-
sicker and Superlntendonl Schwab. Mr. Car
negie returned with them , and they were
also accompanied by Mr. Knox , attorney for
the company , Mr. Carnegie was oho heard
at Home length. These gentlemen then left ,
nnd * , he several statements were turned over
to Captain Sampson , who subsequently made
a report thereon.
"A few days afterwards Messrs. Flick and
Hunilcker again returned , nnd In an Inter
view with them Secretary Herbert Informed
them that the department Intended to ap
prove the report of Captain Sampson atsass-
Ing penalties at the rale of 15 per cenl upon
Iho armor Ihey had manufaclured for the
government and premiums. Mr. Frlck In
quired whether they hail the right to appeal
lo Iho president , and was informed thai Ihey
had and Hint the department would be glad
In n matter of so much'moinent to liave Iho
president revise Its decision. In staling to
the officers of Ihe company lhat I should
approve the report of Captain" Sampson , as
sessing damages at 15 per cent , I did not
make nny formal written decision , and
therefore ) did not consider particularly Ihe
quesllon as to when Ihe damages should
commence , or when Ihey should cease , for
Ihe reason lhat theese gentlemen Indicated
al the lime an Intention to appeal lo Iho
president , and tlijt Ihe ultimate decision waste
to bo Mi , not mine. The question , there
fore , as to Iho exacl amount of damages the
department would assess had not been de
cided upon when the appeal w.ls taken to
the president.
TAKUN TO THC PUnsiDENT.
"On the 20th day of December , 1893 ,
Messrs. Carnegie , Trick , Hunslcker , Knox ,
altorncy for the company , nnd Ihe secretary
of Ihe navy appeared before Ihe president
Mr. Carnegie and Mr. Knov argued Hie ques
tions involved nl lenglh. The president took
the matter under advisement , considered the
quesllons at great length , and upon a care
ful consideration of ail the facts , decided
that the nbse'ssment of damages ought not
to begin until the 3d of November , 1892 , at
which day our proofs of irregularities began ,
and they ought not to be assessed upon
armor manufactured after Iho IClh day ot
September , 1893 , the date upon which Mr.
Frlck had cautioned the superintendent to
extra care. When the ultimate decision
canio to bo made , I called to mind and stated
to the president that our own proof ( ended
to show thai the Iriegiilaritles al Iho works
ceased about the time Mr. Frlck had written
his letter to Mr. Schwab. At this time the
department had selected , according to agree
ment with the informants , a skilled and
trusty steel worker , who wns to go to the
Carnegie works nnd be shown Ihe Irregulari
ties In Ihe work as it progressed. Afler this
workman had been elected and Instructed
how to proceed , word came from the In
formants that It would be useless to send
him , ns the Irregularities had ceased , or al
leasl Ihey were no longer nppaient. The
president having himself examined the ques
tion with great care , after a long conference
with the secretary of the navy , made the
following decision :
"EXECUTIVE MANSION. WASHINOTON ,
Jan. 10 , 1894. To Hon. H. A. Herbert. Secre
tary of the Navy : Dear Sir 1 have ex
amined with care the report of the board
appointed by you lo Investigate the alleged
Irregularities In the construction of steel
armor nl llto Carnegie Steel and
Iron mills and Ihe nssessmenl of dam
ages stislaincd by Ihe government on
account of the deficiencies In the quality of
Iho armor which was affeclcd by such
Irregularities. I have also examined Iho
evidence and Ihe documents which form the
basis of the government's claim for damages.
I am satisfied lhat a large portion of the
armor supplied was nol of the quality which
would have been produced It all possible
care and skill had been exercised in Us cou-
struction. I am of Iho opinion lhal under
Iho lerms of the contract between the
government and the company Ihls constituted
a default entitling Ihe governmenl lo dam
ages.
"U is , however , an exceedingly difficult
mailer lo exlract from Iho fads developed
a satisfactory basis for the assessing of such
damages ; and inasmuch as my decision of
the matter is final , I am natuially anxious
to do Justice to the company nnd lo avoid
presumptions agalnsl U not fully warranted ,
"Tho award of the board , although ex
hibiting an honcsl desire lo meel Ihe case
falily , does not satisfy my Inclination to
give the company all reasonable benefit of
the Indeflnltcness of the proofs obtained.
"It appears that the first irregularities of
construcllon were discovered aboul the 3d
day of November , 1892. On Ihe IClh day of
September , 1893 , some Intimation of such
IrregularUles reached Iho managers of Iho
company , and n letter Is produced whereby
one ot the superintendents enjoined gicater
care In Iho preparation of armor.
"I am willing to assume thai the faulty
constuiclion began on Ihe 3d of November ,
1892 , and was concluded on the IClh day ot
September , 1593. on all the armor m inu-
facturcd for the government between Ihcso
dales I think 10 per cent from the price
should bo deducted.
"Tliu amount so manufactured Is reported
to bo 2,047,0.17 tons , and Its value $1,401,891.
Ten per cent ot thlt > value l.s $110,189 , nnd
tills amount , In my opinion , should be for
feited to the Eoveinment ,
"QIlOVKn CLHVKLAND ,
"Mr. Frlck was nolllled and ramo again to
Washington , nml a eettlemont was effected
according to the terms of tlio agreement ,
The Carneglo Steel company ( limited ) paid
into the Hank of Plttsburg. Pa. , to the
credit ot the Informants , $35,121 , nnd it
credited vouchers for armor furnished lo the
government with $105,300 , which vouchers
are now on file In the department. No
money whatever passed through the handset
ot the. department.
WAS CAUEFULLY CAHIURD ON.
"Throughout Ihls vvholo transaction It will
bo seen lhal every step was taken wllh care
and deliberation and the department was
very much gratified to find tlmt U wab Iho
opinion of thn olllcars engaged In making
these Investigations thai , although a poitlon
ot the armor delivered by this company
was not In all respects equal to the very
besl armor lhat could bo manufactured , it
Is , under the now and Improved processes
which have been adopted , jet beyond doubt
thai Iho armor was all good nnd lhal In
all cases Iho btecl was of Ihe besl quality ,
Iho nickel thoroughly nnd equally divided
through Iho mass and defects resulting from
blowholes , and thu falltiie to anneal and
temper In nil respects as It should have
been done , to have It the boU lhal U was
possible lo make , nevertheless lefl Iho
aimor at lcut > l 5 per cenl better than the
lowest limit of tolerance ,
"It IB trno lhal some of the plates would
probably hnvo been rejected on account of
larger blow holes than would have been
tolerated. To secure plates absolutely free
ot these Is next to Impossible. They occur
In cooling. Tha company ls required to
discard at leau one-third ot each cast , and
small blow holes are not serious defects. It
is the very high standard of excellence de
manded that causes many platen to be re
jected at the works which would probably
pass the ballastlc tests
"The department la gratified to staio that
all these Irregularities ocrurred while the
company was still engaged upon light armor
and before their heavy forging plant was
placed In operation for the manufacture of
the heavy armor of the battleships.
"H was stronuoubly and Ingeniously argued
( Continued on Third Page. )
THEY WILL NOT RE-ENLIST
American Officers in the Service of Peixoto
Tired of Their Job.
BRAZIL'S ' NAVY NOT A DESIRABLE BERTH
Imtilrcinciita OITeroil Them to llrnmlii with
tltoMollicroy Not Acreptril-C'hniurs
for n > a . l ingi gcmcnt Now
1'iimcd lly Tlm Situation.
( CopjrlRlitcd 1S9I by the Arsoclatcd Press. )
UIO 1)13 JANEIRO , March 2C. As lull-
mated yeslerday by the Associated press , the
government vcssbls In the bay here did not
sail southward today , although orders had
been Issued for the vessels to do so. It Is
conjectured that the government had re
ceived Information showing that the pres
ence of the fleet Is not required In the south ,
although Iho ofllclals refuse lo make public
any news they have received. They state ,
however , that they expect tlio revolutionary
movement In the south will shortly die from
Inanition.
It Is apparent from the facl lhat the war
ships' crews were engaged loday in moving
Iho torpcdos aboard them that the govern-
me-il cxpecls no naval batllc. In facl , wllh
Iho overwhelming naval forces. Hie govern-
mcnl would bo able to pit against the In
surgents , a sea flghl Is beyond Iho range of
probability.
The government has decided to erect fur
ther fortifications nt several points command
ing the bay.
Hftorts are being made to re-engage Lieu
tenant Hall , executive ofllcer of Ihe dyna
mite cinlbcr Nlctheroy , Lieutenant Craven ,
who had charge of the dynamite gun on
board Ihe cruiser , nnd Asslslanl Chief I3n-
glneor Charles Slenslrom , bul Ihoy manifest
no disposition lo rc-enllst under Ihe flag of
Iho republic , and Ihe government's efforts lo
Induce Ihem lo remain will probably fall.
ANMOfS rOK I'UAUK.
Kurnpciin KnlrrH Kvliluntly Not Looking for
Another XV'ur.
LONDON , Mutch 2C. A special dispatch
to the Times from Paris , referring to
Caprlvl's recent utterances , which are Inter
preted as indicating thai Ihe emperor Is
preoccupied with the problem of reducing
the mllllary burdens of Europe , says : Al a
recent meeting of Ihe Italian finance com
mittee ono of the members , Slg. Capelll , de
clared he had learned from an absolutely
certain source that the emperor was pleased
to see that Italy was reducing her army , and
thai Count Kulnoky , Iho Auslro-Hungarlan
prime minister , had advised King Humbert
that nmperor Francis Joseph was also
pleased because of the lessening of Italy's
military expenditures.
The coi respoiidcnl of Ihe Times added that
the king of Denmark , in conversation with a
Spanish statesman a few days ago , said he
hoped to live long enough to see Europe com
mence military retrenchment. The king
added : "Tho czar , my son-in-law , whose
mission Is one of peace , is quite ready to
co-operate , and Emperor Francis Joseph has
Ihe chance. If equally disposed lo do his
utmost , to bring about this end. I have not
ventured lo speak to Emperor William on
this subject , because a young sovereign
always dreams of winning new laurels , but I
am sure King Humbert 1s willing to discuss
the question of a reduction ot military
burdens , while your queen rcgenl of Spain
has . proved , her leslre. _ for a prolonged
peace. I am sure , Iherefore , that Russia ,
Spain , Austria , and even Italy , are equally
anxious for an unbroken period of peace. "
HACK ' 10 UUNOAKY.
Louis Kossuth'H Hotly Will Leave Turin for
Hutla-Pestli Tomorrow.
TURIN , March 26. After a service at the
Evangelical church at 0 a. m. Wednesday
the body of Louis Kossulh will be In. slate
all day , and , accompanied by its escorl of
Hungarian officials , will leave for Buda
Pcsth on a special train at 8 p. m. The
special train will be preceded by another
train , which will convoy to Buda Peslli Ihe
main body of Ihe Hungarian delegates who
have been in this city for some days past.
The two trains should reach Buda Pestli on
Thursday morning.
The committee representing Iho mulclpal
aulhorltlcs of Buila-Pesth presented the condolences -
dolences of the municipality of lhal city to
the relatives of the deceased patriot. The
vice burgomaster , In addressing Kossuth's
sons , recalled the deeds of their falher ,
whom he described as. the "Founder of
Modern Hungary , " and thanked Ihe sairs for
consenllng lo Ihe interment of the remains
in Hungary.
The sons of Kossuth have telegraphed to
Premier1 Crlspl , requesting the latter to
thank King Humbert for his condolences ,
and lo assure his majesly ot their devotion
to the Italian royal family.
WANT A I'KOVISIONAL UOVKIIXMUNT.
Demands of American Itenlilcnta In the
! Monqiilto Iteserviitlon.
( CopjrlRlitcil HOI lis the A * " - > lntC'il Prest. )
COLON , March 2C. The American colony
ot the Mosquito reservation , through the
United States cou&ul , formally demands from
the Nlcaraguan commissioner , Senhor La-
cayo , Iho formation or n provisional govern
ment , in which the American colony shall
bo represented. The Americans desire to
form pail of a council which , It It proposed ,
shall have Iho power ot naming public ofll-
cluls , organizing Iho police , making the laws
and creating courts. The Americana also de
mand the wlllidrawal of Ihe Nicaraguan
troops and Ihe autonomy of Iho Mosquito
tcserviitlon , A delegation , headed by tha
Tnllcd Slates consul , Mr U , B. Sail , nnd Mr.
Samuel Welt of Illueflelds , should now be in
Washington with the view of placing the
mutter befoie the president of tlio United
States. Tlio British man-of-war Canaili Is
at this porl awaiting a cablegram from Ihe
Brlllsh ndmlrally and is expected to rctuin
to lllueflelds shortly.
Under tlio I > iw Tieuty.
ST Pr/TEUSBURa. March 20. The" offi
cial organ of M. Wltto. minister of nuance ,
calculaten that the concessions made by
Russia lo Germany in Iho new commercial
treaty amount to 2,000,000 rubles , while the
Russian agricultural expott trade will alone
gain by the Geiman concessions 0,123,000
rubles. Besides Hits , fieo passage will be
allowed Into ticrinnny of Russian goods
amounting yearly In value to 17,000 rubles ,
I.i'llh'n Election
LIJITH , March 26. Polling was opened
here today , vvheie Mr. H. C , Munioe-
l-'ergusoli , homo ruler , la seeking ie-elcc-
llon lo Pnrliamcnl on his appointment as
junior loid of the tre.isuiy. Mr. Munioo-
Keiguson nt the last election defeated Mr ,
W. A , Hell , liberal-unionist , liy n vqto of
5.7JS to l.t5. ) ; Mr. Ilcl | Itf ngrtln opposed to
Mr. Munroe-KetgUHon , nnd much Inteiewt
Is lak n In the lesult.
o
Their "I'ull" IK of No Avail
NKW YORK , March 2fi. Andrew Scott
Jnmloson , the. Oravesend constablecon -
vloled lasi weik ot peijury > was today
sentoncid In Die com I of oyer nnd termlner
at Brooklyn to eighteen months In the
penitentiary The eighteen. Indicted elec
tion Inspectors of lliavescndeie , toiiU-ht
culled upon to plead and nil pleaded utility ,
with Iho exception of t'runk T. Clarke1 ,
who pleaded not guilty , and Pntilck Tlghe ,
against whom the Indictment was dropped.
The sixteen will be ucntcnccJ tomorrow ,
Hold 'IViin lloblicvs. * ,
ST. I.OU18. Match 2S.-uY Special tp the
Posl-DUpalch detail : ) a dating lobbwy nl
Agnes , Tex. , near the Indian Teirllory line.
Three men aroused U , U. Barnard , pro-
pi letor of a large fceneial more , to pur
chase , they said , a uhtoud. liarnar.l got
It for them , when they also got from him
all the clothing each could wear. Then
covering litm with Winchester * , they com
pelled Ilnrnnril to loot hls | own safe ot
nearly Jl.OOO nnd thru break In the poat-
ofllcc for them nnd turn over In them nil
the cash nnd stump ? . Tlic. robbers then
rotlc nwny. A possff Is In pursuit.
* > . * l
t m ti3i pit or tr.tiTK.
Colorado' * ( lotcrunr fjecnrcii n HrcUlon In
11M fnvnr.
DiNVi : , Man-ft JJ.-Judge Glynn , sit
ting In the dlstr6 ! court'today tnm.inrd
the Injunction Issnol by Judge flraham
ugultiBt Governor v9jnic ( , Mayor Van Horn
und Flic and Police"Commissioners Kofers ,
UnrneH nnd Mulllns , mainlining them trom
attempting to take possession of the oidce
or InterferlnK with the duties of the old
commissioners , MGSSTH. Orr nnd Mai Hi ) ,
whom the governo1 removed , nnd .uls-
*
mlMRcil the contempt proceedings.Tho
court holds that tlmt section of the nlRged
Injunction tinder whl < Mi the / pro
ceedings wore brought Is void , nnd , con
sequently , there could , be no contempt ; Hint
Orr and Martin 111 / endeavoring to hold
ofllce by force nftcrvhnvlng been nniillcil
of tlielr iGinovul by the governor urp vlol.it-
Intj the law Ihemnelves nnd me ustirpein ,
and tlmt Mulllns nnd Harnes have the right
to peacefully assume the oillces to 'viilch
they liave been appointed nt once.
Immediately ntter the decision was ren
dered , upon the advice of their nltorneji ,
Mulllns and Unrnesvent to the city hall
nnd requesteil Orr and Martin to turn the
office over to them. This being promptly
lefuse the new bonri ) met In the mayor's
olllce nnd organized. It Immediately din-
clmigfil Chief of Police Stone nnd np-
pointed John F , Fnrlfjy In Ills stead. The
lleiitenuntH likewise were dismissed nnd It
Is understood decapitations Will begin In
the lire department tomorrow. Chief Stone
and his officers infused to recognize the
authority of the new board nnd the de
partment IB still Under his control.
Attorney M. F. T.tylor for Orr nnd Mnr-
ttn , claims that Judge Qlynn't ) decision
does not settle the mutter , but that the
cnsp Ktnnds Just us It illd the day the ap
pointments were made nnd before the in
junction was granted. He bus advised his
fllento , nsvell as Chief , Stone to Ignore
Any oulei.'i of the new board. Tf the old
lionitl persists in Its tefusnl to gl\e way ,
the counsel for the pew bonid will apply
for a writ of mandUmus , by which means
the old members can bo ppuedlly oitstctl ,
A icport gained currencey tills afternoon
that ( tovernor Wnlte flow Into u pnsslon
when ho learned that the now board hart
nppolnud Fin ley chl f of police , and cle-
clnied be would remove his latest ap
pointees. The goveinor denied the htory.
I.ate this afternoon Commissioner Oir
and Jluitln took an1 npponl from Judge
Gl > nn to the supreme court , on the ground
of enor In dissolving the Injunction of
Judge Graham. Upon the promise of
Attorney Ward for Uarics and Mulllns
that no attempt would be made by tin nev
board to proceed to business or make ap
pointments , the court refrained from Issu
ing a writ against the new board and
meiely gianted a 'stay until Wednesday ,
when a decision will probably be given.
J'O.SrJM. > JJJ/fA A THOUHLR.
Ciincolrd Columbian Stditrps for n Considera
tion A l'crtiIir ( CiiBO.
ST. T..OUIS , March1 2C.J-Two more artests
have been made by the United States au
thorities In the Mokcel Columbian stamp
case. The arrested -meli are Postmaster
Chailes Kyle of Bolton , 111 , , charged with
iccoUing bilbes. , and Gc U. Goodsell , stcn-
oginiher for Jlekeel , charged with con-
plral y to bribe the postmaster. This In
In addition to the cnse li ; 'Which warrants
weie locently Issued against C. II. Mekeel
of the Mekeel Stamp .and Printing com-
p.inv , nnd H. Sj. Scfatt , churglng them with
bribing Postmaster I7ak r of Shrewsbury ,
Mo. , who Is also under arrest , to cancel ,
nnd so Increase the vulue , to collectors , of
Columbian stamps of large denominations.
The men nirest"i , are alleged to have
made an agreement with several fourth
clans postmasters to { cancel such stamps
and to return them ns a .reward .for' put
ting extra business ) Jn their way , hnlt of
the commission allowedpostmasters by the
govei nmcnt. > ! jf
T\vo
nlth All 1nii < lR'ln 11 uj Narrow Straits.
ST. JOHN , N. B. , 'Mnrplt 26 It Is feared
that nt least two schoopeis went down In
the Cay of Fundy during Friday's severe
atoim. The schooner iStnr Dryden loft
Parl bore on that dai" for this port with n
full cargo of coal. The schooner Gievllle
Ualrd repoits being In company with the
Star anil tilro the Ma.lle Deiphlne Filday elf
the Island of Haute. It was blowing a hard
Kale from the southeast. The Grcvlllo put
Into Quaco for haibor and nothing has
since been heard of the Star nnd Delphine.
Both vessels have hurt plenty of time to
leach here since nnd the captain of the
Grevllle fears both have gene down with
their crews , all of vthom belonged to No\a
Scotia. ,
Movements of Nca Oiling VoBsols March 3(1. (
At San Francisco Arrived Kewcenaw ,
fiom Wellington. Cleaned Schooner Me-
lancthon , for Cook's ' inlet. Departed
Umatllla , for Victoria ; Klla Hohloffs , for
Karl uck. '
At Seattle Ai rived George Curtis.
At Tatosh Passed Leahy , for Nanlnmo ;
John Enn , for Port ToWnsend : Monseirntc ,
for San Francisco ; Ivanhoe , from Seattle ,
for San rranclaco.
At New York Arrived Gellert , fiom
Hamburg ; Venetla , from Stettin ,
Ordered tti Mo Prepared for ea.
VAM-CJO. Cnl. , March 26. I.ate this
afternoon telegraphic orders v.eio received
by Captain Howlson , commandant at Mare
Island navy ymd , 'from the secietary of
the navy , dlieetlng that the United States
Steamship Mohican and gunbo.it Yorktown -
town be prepared for sea Immediately.
The receipt of this news cieated consider
able Htlr among naval officers , as It was not
anticipated that such ciders would be
piotnulgatcd befoie. April 1.
airs. Naglu nnd Her Attorney.
'
CHEYENNE , Wyo. March 26. Mrs.
Emma J. Nagle has begun suit In the dis
trict couit of I arnmle county to icoovei
fiom W U. Stoll 330 shares of stock In the
Ognllnln. I-and and C'nltle company of a
par value of $13,000. Mr. Stoll was nttoi-
ney for Mrs. Nnglq In her suit for divorce ,
and claims to have n lien on the stock foi
professional faei vices , nnd will at once In
stitute a sut | against Mis. Nngle foi f-IiVWO
alleged to bu due him ,
California National liuuU * .
WASHINGTON , Match 20.-Addltlonal
loports fiom national banks under the ic-
ccnt call of the comptroller of the currency
hnvo been leeched from the thlity-thieo
banks In Cnllfoinla. o cluslvo of those In
San Francisco. TheSe banks mnKe the
following showing : Loans und discounts ,
JlO.iin.OH , lawful money roseivo , JL'.lbO.Ui ,
of which W,0".2,3NJ woarKOld ; ImlMdtinl de
posits , J't.UH.WI ; uvthigu reserve held ,
as. 11 per ceait. _ . _ _
llicy UJII HIIIIRT.
JACKSON , Miss. , Sisjj-ch 20. The supreme
court today iillhipeil ithu decision of the
lower couits senteuiclME Hemy SlnslQtorf ,
ami Hornet- Smith , 'tlie ' negro convicts
found guilty ot. brtitntly murderltiK follow
pilnonciH In the state penitentiary , to
death. The tourt lifeil the date of tna
o.\ecutlon for Wt'dnefidny , April M. The
boaid of biipervlhdrsihaa clliectod that tliu
execution tatcc place In the ptlaon yaid.
Will TiUo I'm * In tbii iievtton. :
ST. JOSEPH , March 20. The A. P A.
has tnkcn a hand It ) the local elections
lieic , having Issued a ticket with the names
of nil Catholics left off. The ticket Is
headed , "Ameilcail pCHizens , " and on it
1110 tin ; names of fill candidates , except
tboso to whom tha society lu opposed ,
lloth tlm dcmocratlcj nnd ippubllcan candl-
dntea for mayor tuo left off ,
\\lll Jlo Uhrii Aimtlinr Trial.
NKW YOHK , Marcji 2 . Dr , Henry C. K ,
Meyer , charged > \lth poisoning I.uUwIg
Drown In this Uty In ISO : , In mder to
realize upon Insuianco placed upon the
lift ) of the latter , will have 11 second trial ,
beginning Thursday. Apt II 12 , his flrjt
tilnl In Janutuy having : resulted In the
illsagicement of the jury ,
1 ( Iriliilncd u Culorcil .
BOSTON. March 28. Rev. Osour Meber
Mltchel , M , A. , wan ordained to the priest
hood of the Kplscopnl chinch here today.
He Is n > oitnir tolbr < d man , nnd IH the first
of hit ) race to bo ordained , nnd a the llrat
church In New England.
" -
Cuh In tliu Trlixiury.
WASHINGTON , March 26. The cash bal
unco in the treasury at the close of busi
ness today was J13I.ZS8.000 , and the n t
'
ON A-CHARGE OF CONTEMPT
lJutlgo * Scstt Determines to Qo Gunning for
the Editor of The Bee.
,
ORDERS AN INFORMATION PREPARED
Amendment * I'roiuUcd In I'errlxal Contempt
.CiiMt 1'rhntel ) Couiiteriiuindod by the
Judge Wlmt AttorncjH Say Aliout
Ills Action on hutiiriliij.
When the criminal section of the district
court con\ened yeiterday morning standing
room In the large room uas again at n
premium , it having been previously an
nounced that se\eral attractions would be
upo.i the boards.
Cunningham U. Scott , the honorable judge
ot the cilmlna : division , was on hand as
usual and presided. The routine matteis
had been disposed of , after \\lilch the
honoiable court called to the county attorney.
That gentleman had left the room for an
Instant and his assistant stepped to the
front. This did not satisfy the honorable
Judge , who stated that he wanted to sec
the county attorney In person. A bailiff
was sent after the ofllcl.il , who soon there
after returned and In his usual meek and/
unoffending way took up a position before
the honorable court. The crowd expected
something and It did not have to wait any
great period of time ; for up spake the
honorable Judge of the criminal court and
said : "Mr. County Attorney , I want you to
file an Information against Mr. IMunrd
Hosewater , editor of The IJee , charging him
with contempt , and citing him to appear
and show causa uliy lie should not bo dealt
with accordingly. "
The county attorney Informed the honor
able judge tlmt he would do that very thing ,
but asked for information concerning overt
acts that Mr. Hosewater might have com
mitted. He did not get the Information just
then , though the honorable Judge of the
criminal court said that he would secure
the alleged contemptuous article before the
warrant of arrest was ready to bo placed
In the hands of the slieillT.
1'UIVATKLY COUNTERMANDED
When Hie morning res.slon of the dlstilet
couit convened yestetciny the Journal ot
the criminal couit vtns read by Clerk
Moores. The clerk had road that portion
of the lecoid lefenlng to the cabo wherein
W. D. Perclval , The 13ce icporter , was con
victed of contempt. This poitlon of the
recoid failed to disclose the fact that both
Judge Dufllc and n W. Slmcr.il , who ap
peared for I'erchal , objected to Iho findings
of the honoinble Judge and his li-cision in
finding the defendant guilty without there
being proof Hint ho was the author ol the
artlelo of which the fudge complained.
It will be remembered that at the til.il ,
when the couit , without testimony , found
1'eiclval guilty , bis attorneys I'll I an
answer. In which he justified. At tb.it time
the lionoiable court lofused to consider the
answei iiiu ! oidered it btiloken fioin tl.c
files , after which the following : inti leMIng
dialogue was participated In by the attoi-
neys for the ( iutenilnnt nnd the couit :
Mi. Simernl I lm\c filed an answer
The Couit I don't want io lunr fri-iii
you. Just wait. I don't nnt lo 'I > MI
from you , sir ; joti keep still. Aie } ou
ready for trial ?
Mr. I'erchnl My allot neys are looking
after the matter
The Court I am talking to you. I ask
If you me jeady for trial ?
Mr. Poiclval I bupposo I am.
Mr. Knley. county attorney , was called
and was swoin ns n witness for the state ,
-ajid examined bv thi court.
- Mr. Slmoral If your honor please. In the
case of. the state .nf , Nebraska atralnst
Washington D , Pcicivnl , I liave an answer
heie , sworn to by the defendant , which I
have nlroaclv filed In court , and I dosiie
to rend It to the couit.
The Couit You can't read It and It will
be iitrlcken fiom the files.
Mr. Simeral Will your honor please note
nn exception.
Judge Dullle If ; jour honor please , I
have investigated this pretty thoioughly
The Couit 1 won't hoar you , sir.
Judge Dullle It joui honor please
The Court I won't please ; 1 have already
told jou , nnd tlmt Is the end ot It. i
know what this Is , and I know how to
handle It. , ,
Noticing that the journal ot the -court
failed to disclose that objections Jmd been
made to the findings of the couit. Judge
nullle. In behalf o Perelval , entered the
legal arena , where the following proceed
ings were had :
Judge Dullie In this matter I should like
your honor's record to show an exception
to the Hillng upon the admission of this
written evidence this answer which was
offered , nnd 1 should also like It to show
nn exception to the court's finding the de
fendant guilty of contempt.
The Court You me entitled to Ibat. Mr.
Clerk , you may enter nn e\oontlf > M to th"
judgment of the court finding the defendant
guilty of contempt.
Judge Duflle And are we entitled to the
oilier mnlter ?
The Court What I" the other matter ,
judge ? Will you state the other matter ?
Judge Dullie The other matter was that
wo had hero In wilting an answer which
we wished wo have , In oilier words , ap
peared heie to show cause why we wcro
not to be held foi contempt of couit. Now
I spent a greit deal of time In piopailng
this showing , nnd It wis offered to the
court , and the court refused to allow us
to make the showing nnd oidered It
stricken from the files.
Thd Court It was not stricken fiom the
files , Judge ; thai was nol done. On 10-
llocllon I did nol slillc3 II from Ihe flics.
Judge Dullle Your honor oidoied It
stricken from the files.
The Comt I know I did. I oiderod It
stilcken fiom the files , but It was not
stilclcen Trom me nies ; i nave iicaieci u
ns on flic , bacausc the defendant sought to
Introduce it in evidence.
Judge Dullle But It was not iccrived ,
because It was strluken fiom the llloh.
The Gout I The tocoid taken by tlic
shoithand icportor co\ois that.
Judge Dullle I Ihlnlc It does , but the
lecord ot the couit Itself would govern ,
so far as the piooeodlnga are concetned-
so far as Iho piocecdlngs In the couil are
concoinod
The Courl 1 do i ot so nndoistand It
I think his locord should tontiol as to wh it
transpheil during the trial , o\ccpt the filing
of pleadings and pipers Thit all fjoos on
tin ) shorthancj irpwter'ft notes , the fume
as what Ihe wllnefs swears to , and the
i tilings of Iho couit upon the ndmlsjlhlllty
of evldcnco , I mnKe no note on my docket
of that : the reporlor takes that alt down ,
and takes the objections nnd exceptions
Judge Dutlle That In true , If your honoi
please , 1 wnnl to lm\o n fair lecord In
thh case , and I know } otir honor does ,
lee The Court I ceitnlnly do
Judge Diifllo The lepnrtcr Is hoie to
take down tlieso llilng * , which entoi Into n
bill of exceptions and which Is cot tilled to
by the court. Now. our court makes lis
own tecord , nnd I think this should upponr
In Iho iccoul , In connection \\llh the judg
ment.
The Court I don't so understand It. 1
understand that any paper that Is offered
In mUlfiKo duiliiK the Ulnl of n CMUI ? U nol
ID bo noted by the court , but KOCH In the
n-ooid of the it-porter. Tlmt Is his busi
ness ; thai Is whal bin ofhclal duties aro. 1
would not have a lecoid laige cnointh If I
was to take down even thing , nnd hence
wo have a lepotlcr to tnUo down nole , the
iiiltngs of Die com I and cxcepllons. I
ilnti't son bul what jou hnvo got nil this
in pry thing. If yon had on the tilal pre
sented nny question any nuoKllon ( hat
mlKht arise any legal qtiwtlon , I should
feel very dlffoient about It ; but I am hntln-
fled thai Ihe record tal.cn by the hhorlhand
tepoitor shows absolutely and conectly
what wax done
Judge Diiltle II would not show , nnd It
could not be offeiod to the supreme court
as showlncr , the finding of tliu defendant
guilty by this court.
The Court-It could not ?
Judge Dufllo That has to be In the record
of the couit.
The Couit It would not show the judg
ment of the court , nor Iho sentence , II
would nol show tin ; urinlgnmenl ; that IK
not a pait of lh ( rial ,
Judgn Duine Befoie the record Is com
pleted I would like the prl\liege of sub
mitting a lecoid to > ou.
The Court I will not change that , Judno
DiitlkIt ; will lie nlgned as It Is ; I will not
change that ; I Hhull not stuff the tecorU , 1
cannot do that ,
Judge Outlle- nm not asking you to do
that , your honor.
The Couit-1 know you are not , judge ,
but that IH what I cannot do. If every
thing that comes up during the trial one
thing here nnd another there If It Is In
stated that that should " * i Into the record
of the court , then yoi > Idd have a part
of tha duties of the n\ , " Ir performed by
the court and nnothcn - C performed by
the reporter , nnd I hui "i "it adopted Dint
ysiein. 1 15 ! 1
The Clerk Tlmt oxcenlv11l then come
In after this sentence , " I'lipon "
The Court No , sir ; II 'tier tlio judg
ment of the court find -i Vie defendant
guilty. There was no < S . lion tnKon nt
the tlmo , but It don't nut \y dlffornncc.
The Clcik 1 will put \ lit the close
here. 1 \
The Court Put It In n\ ( \ Vo judgment
of the couit ( lulling the tdnnt guilty
of contempt ; "Defendant tpts , " after
the word contempt thcro { if tight 13
whereli says : "The J ( nt of the
court Is thai the dofemlar. .r guilty ot
contempt of court. " Now , then , add : "De
fendant exccpts. "
Later in tlm day It was called to the
attention of the Interested parties tlmt the
honorable court hail Instructed Clerk
Moores not to make the changes which he
hud ordered at the morning session of the
court. This was Investigated nnd was
found to be true
During the noon recess ot the court the
honon.blo jmliru of the criminal division
visited the olllce of Clerk Mcores.heie
ho Insliuctcd that gentleman not to make
the changes oidered nt the morning ses
sion. Mst night In speaking of the nmt-
ler , Mr. Monies said thai Hon. Cunning
ham I ! Scoll vlslled his office nnd thrrt
told him not to mnKe any chances In the
iceord b > adding or Inserting the words ,
"Defendant cxcepts. "
Clerk Moores further staled that nt the
morning session of the com I the Jtidgo
told him , In the presence of Judge Dullle
and n laige number of other patties , to
Insert the woids nnd that he Intended so
lo do until the order was countermanded
bv Hnn Cunningham II Scotl. He knew
of no teiison foi Scott giving the second
order , ns the command was peremptory
and was given without nny reason
Judiro Dullle , In discussing the matter , said
that lie was convinced that It was a tilck
bv the honorable Judge of the court nml
was for the purpose of bolstering up n
rocoid that was perforated with nnd b\
cirois. In other words , no said that It
was another attempt to keep th" defendant
from getting Into the supreme court wllh
Iho complete lecord of the alleged heniln , ?
nl which Perclval was convicted by Scotl
wlthoul allowing him to defend If Ihe
collided record could go befoie the supreme
court ns Srott would HUe to have It , 1'or-
clval would bine no thow , as It would
Indicate upon Its face tlmt the case Went
by default and the nttoinejs took no ox
ceptlons to the nibltraiy i tilings of the
couit. Continuing the discussion still
faitbor. Judge Dullle sad | thai the record
would ne\cr bo ccrllllod up In Us picsonl
foim , but that Instead of letting It go In
that shape ho would sccuto n mandamus
from the supreme court requiring Scott to
give the defendant his exceptions to the
rulings , us ho should have done In the
first instance nnd ns ho afterwards prom
ised to do. _
WHAT TI1K I.AWYKIIS SAY.
Judge Scatt'H Action on the. llcncb Saturday
Indignantly Deiioiini ed.
following are expie-slons from members
of the Douglas county bar concerning the
action of Judge Scott In the contempt case
against W. D. Perclval :
II. H. 13 ildrldgc Aside from the merits
of Ihe case it was a most dlbgraceful pio-
ceodlng.
Howard 1 } Smith I did not hear nil of
the cose , but 1 saw and lieaid enough to
make meeiy Hied.
John C. Whnilon-Ukc Mr. Pcrclvnl , I
stand mute.
George 1 ] Piltcliett I wont to the couit
house hoping to sec Scotl line- the icpoilu
and every one , connected with The Hue. I
came away feeling thai 1'ciclvnl should bo
applauded.
Silas Cobb Without casting reflection
upon the court ns n court I consider tlmt
Mr. Scolt'.s conduct as a man nt the
Perclval heat Ing on Saturday was a damn
able outrage on the bar pf Douglas county.
The man went into nn | nsnnc passion while
dellveilng his outbursts of fury , nnd was
anything bul fair to Iho attorneys who
appealed for the defendant.
W. W. Moisoman Imil < . | -liehltallon In
saying Hint the notion of the. court wan
u'lthout precedent In lila experience. "I
know but little about Ihe case , " he con-
llnuod , "except through the published ac
count of the ptoceedinprs. I was In Ihe
couit room when the court icfu ed to allow
the answer of the defendant to be Intro
duced in evidence and I nm sure thai there
Is no lule of law or pucedent by which
such a tilling could be fniilv or icason-
ably Instilled. According to the published
statement of the proceedings Judge Scott
told one of the atlotne\s that his 'chiller'
annoyed the court. This was when the at-
toiney In question was only making a
teasonable Insistence on the lights of his
client. If this la true , as slaled , Ibu
language uned to an attorney was grossly
and Inexcusably insulting. "
ChaileH Offutl The proceedings ot last
Satin day weio lamentably unfortunate.
No friend of law nnd cider can think of
thorn without i egret. And tills I say with
out legal d to the trulh or falsity of the
arllcle alleged lo have been wrllten by
Pcicivnl. If the article was false , Judge
Scott's lemody was by an action for dam
ages for libel , because the comment was on
a case which had been disposed of when
the aitlelc was wiltten. Jtisllce Hrewcr
of Ihe supreme courl of the United Stales ,
when on the supreme courl of Kansas , In
deciding In 10 Pryor , 18 Kan. , 70 , said.
"Afler a case Is disposed of a courl 01
Judge has no power to compel Ihe public ,
or any Individual tbcic-of , alloiney 01
otherwise , to conslilefe his rulings coirect ,
his conduct pioper , 01 even his lntc..jrltv
free fiom stnln , or to punish for contempt
any mete criticism or nnlmadvoislon
theieon , no nmttet how severe or unjust. "
Judge Scott could piollt bv the language
of the noted Judge liieese of Illinois ] , who ,
dellveilng the opinion In the contempt
case of one Stunit , In speaking of the
power of com ts to punish theiefor , slid :
"It may be so frequently exercised ns to
destioy that mntnl Influence which I"
theh best possession , until , finally , the ad
ministration of justice Is hi ought Into dls-
leputo. Itespect of com Is cannot be com
pelled ; It Is the voluntary u Uniteof the
public to VvOith , vlttue nnd Inlelllgonco ,
and whilst they aie found upon the judg
ment seal , so long , and no longer , will
they retain the public confidence. "
Pal O. Hnwes I have n number of cases
befoie Judge Scolt and for thai reason I
do nol think that It would bo wise for in"
to expresj my opinion. I think lh.it the
pioceedliiKs In the Pciclv.il contempt case ,
however , WCIP the most ridiculous Hint J
over witnessed.
11 W Pc-nnock To state -the facts In n
plain und imvninlshed manner , I have no
hohltunoj In KOlng thai It vwis a judicial
.
W T. Nel on I never saw anything so
dlsginceful In n court of Justice. It was
simply u msfwhcio the Judge acted ns
court , pioseuutlug witness , nttoineytnd
executioner. rThe acts of the court stand
without a pniallel In the hlstoiy of Juris
prudence.
II. D McHugh-If a man Is to bo do-
pilvod of Ihe lionelll of counsel , ns was lute
in tilt * tone , nml If n man Is to bo tie-
pi l\ed of setting up a defeiiho to a chnige
filed against him , then thellbettles nt'ii ' in-
teed by the contttltutlun of Ihe United
St.itoH are n delusion nnd n HHIII * .
W J I'lnlr U wan clinply n rape of the
puwns of the Judicial bench and n pro
ceeding which would cnui o even the czir
of llitsslu to hide his head and blush with
shame. The labookn of the olden times
fall to oven mention fin-h a high-handed
outiaBO upon Justice. U wns the net of
n man whose mind wns so - > intpc < I by
piejtidlco that ho eloped his eyes ngnlnst
law , light and pieccdeilt , using Ills powei
to Miitlfy his j > ei.onnl spleen and halo ,
Wnuen SwIUler If Judge Bcott ever had
nny case of contempt again < l Perclval ,
by his recent actions he has run U Into
Iho giound. _
Suicide of a St. , fo Urilgglxt
ST. JOSKPH , March 26. Eiulv this mom-
ing one of the boniders at the llessrj house
detected a strong odor emanating fiom one
of the roums occupied by Philip Homers , a
we'll known druggist , the brother of I1' . I.
Homers , one ot the ofllceiH of Iho American
Illscult tru t Thn ilooiHJ burxt In nnd
Bomcrs' dead bodv found In nn advanced
stage of ilecompntdtlon. He hud , It IH sup
posed , died from morphlnn or Home mor
phine poltonlng. but \\hetlior accidental or
olhci wise IH unknown.
'Hint Turin Fund Again
AD11IAN , Mich. , Match 26.- ( y. Churlrn
O Hellly hat ) been summoned lo Prttls by
Mr. ' Justin McCarthy , leader of the Itlnh
party In the English House of Commons , lo
testify to the iiuneruhlp nf the lilh pit-
llmentaiy fund deposlt d with Monioe
Druthers , the Pails bankuis , nml which lum
been locked up O\CT hlncc Mr. Piirnt'll'ti
death.
Iriulilnit iliidci Him Dispoiuic ,
HEH8VU.I.K , WIs. , March -Jninen
Mulllti , u fanner living one mileutdt of
this Village nun dt red hi * vvlfo ami mm-
milled itiiiclde at about noon today. Fam
ily troubles are uscrlbtd uu the cuusc.
AT IT IS THE COURT
Onion Pacific and the Gulf Lock Eorni
Before Federal Judges.
ARRAY OF LEGAL TALENT PRESENT
Question of Court's ' Jurisdiction Speedily
Settled by Judge Oaldwell.
READY TO PROCEED RIGHT TO BUSINESS
_ _ _ _ /
Abandonment of Julcsburg "Branch find In
terest Payments Fully Discussed.
DIGEST OF THE ARGUMENTS PRESENTED
( iillr * Alligation tlmt I'nltiti I'ni'lllc \ Not
ItiKOhmt lint Milking Money Claim * of
Telegrapher * Allowed by Ailillor
Clark Oilier Kutlroiiil News ,
Wlion Judges Caldwcll nnd Sanborn ot
tlic circuit court of tlic IHIghth circuit , com
prising ten states uiul four territories , cn-
tcicd tlm grand Jury room Iti the federal
building , which hail been temporarily con-
\ctted Into a court room , they faced nil
nudlcr.co tlmt represented larger Interests
tlinn c\cr before assembled In u court loom
In tills city.
There wore present President S. II. II.
Clark , i : . Kllery Andeison nnd Oliver W.
Mlnlc , receivers of tlio Union I'.iclllc , drawn
thither to hear and participate in the mo
tion ot rehearing In the case of the re
ceivers of the Union Pacific Hallway com
pany against the Union Pacific , Denver &
Ouir company. Itoprcsmitiug the several
companies were Judge J. XI. Thurston , Wll-
lard Teller , Judge John G. Cow In , who hail
intended to represent the government , but
who \\ltli lightning facility changed to the
Union Pacific when Judge Caldwell ruled
that the United States \\na not a party to
the suit. For the Gulf road theio wcro
present Henry W. Ilobson and A. 13. Pat-
ttson of Denver. Representatives of the
labor Interests of the Union Pacific were
also present , while the attorneys for the
different orgunlratlons had scats In one cor
ner of the room , where they carried on an
Interested coiucrsatlon until the uppcaronco
of the court. These atlorncjs were T. II.
Harper for the firemen , Pulton Gault for
the engineers and Gcoige L. Hodges repre
senting the general forces of labor. There
were also a numboi of local legal lights
Interested In the hearing of the case , which
promises to become famous in the railroad
world because ot the contentions made on
both sides relative to the operation of the
Julciburg branch of the Union Pacific sys
tem and the rights of receivers to abrogate
contracts at will.
QUESTION OK JURISDICTION
Attorney Hobson , after an Intimation froin
the court that It was ready to hear any
thing InMho case of Oliver Ames second nml
others against the Union Pacific , Denver & _
Gulf , stated that ho did npt know what
court ho was addressing , In view of the tAci
that the receiver of the Union Pacific , Den
ver & Gulf was not a party to the record of
the Nebraska court , but was a party to the
records In Colorado and Wyoming. He also
stated that ho desired to raise the question
as to tlle Jurlsdfetlon of the court , whether
the court was sitting as the circuit court of
Nebraska , In which event the receiver was
not a party to the court. He then went on testate
state that three cases were pending , and ho
did not know which one the court desired to
take up. Ho stated that an order was made
in the circuit court of Nebraska which wag
purely ex parte , giving the receivers the
right to cease operating the Julcsburg
branch. Subsequently Mr. Trumbull filed a
petition In the courts of Colorado and Wyom
ing asking that the order of Judge Dundy beset
sot aside. Later the case came on for hear
ing In which the attoinoys for the Union
Pacific appeared. A decree was entered.
Then came the Union Pacific receivers and
filed a petition for a rehearing. "We do not
stand hero , " said Mr. Ilobson , "in the cir
cuit court of Nebraska , but contend that
wo are in the circuit court of Colorado
and Wyoming , and we object to appearing before -
fore your honor * ) as circuit Judges of Ne.
braska. "
Judge Caldwcll then asked Mr. Hobson
as to his understanding of the case to
which Mr. Hobeon replied.
The reply was not very satisfactory to his
honor , for Judge Caldwcll didn't do anything
but hit the Gulf a blow by remarking that
"this court haa competent jurisdiction to pass
upon this question whether sitting in Ne
braska , Wyoming or Colorado. Judge
Dundy's court Is the court of primary Juris
diction and It must be so icguidcd by every
InlcreU. "
Mr. Hobson , somewhat taken nbaclt with
I ho unexpected ruling , then sought to show
that thcro was not n foot of road of the
Union Pacific , Dem or & Gulf in Nebraska ,
but that Its entire bystom was comprised
within the Htatcs of Colorado and Wyoming.
Judge Thurstqn stated that the order miulo
by Judges Hallett and lllncr compelled the
Union Pacific to pay a , certain proportion
of the earnlngn of the compiny to the Union
Pacific , Denver & Gulf on the basis of a
construct o mileage of 3 to 1 , Mr. Hobmin
took exception to Mr. Thuruton'H stnto-
mcnt and stated that the order compels tha
Union Pacific to oporuto trains over tha
Julesbuig branch and leaves the compensa
tion entirely In abeyance. Ho then cited
a case whuroln Judge Caldwcll Issued ono
oidcr , Judge Dint another , and that to
haimonlro matters Judge lrcwt ) < r was called
upon In order tlmt there- might bo no differ
ences.
Judge Caldwull , In explanation , stated
that the case was not similar In that Jndgo
Brewer sat at Leavenworth In chambers
and was not holding a regular session of
his court. Ho further stated that tha
circuit court of Nebraska was In regular
session and that the circuit Judges would
make any orders nccehsary , and would make
It operative nil ovjor the clicult. "Your
suggestion IH that ve sit In tliesn districts , "
uiilil Judge Cahlv , ell to Attoiney Hobaoii.
"Wo will contt'ler ' the questions hero and
will make1 what orders arc necessary In the
other districts. Wu do not think It nocea-
saiy tu become circuit iidurn In this case.
In a circuit that comprises ton statea and
( cur territories , havlig ulmott four Union
us imnli biifdncss as any other circuit In
the United Slates , It becomes necessary for
the court to expedite matters. You were
Informed that the court would nit in Omaha
March 20 for the pin pose of taking up the
iintlon for a rclieailng , You wcro also In-
fanned to bu ready In go ahead In theuo
arguments ? " to which Mr. Hobnon assented.
"Very well , thcn.we will go ahead with the
motion for a rehearing In tills cusu , " replied
Ills honor , Judge Caldwcll.
Mr. HotiM'ii again tought to have the court
state UK lurlcdlcllan whethc-1 It was nittliii !
as the cl : nil court of Nebraska or the clr-
riilt court or the Klghlh circuitbut the judges
would not C'lrmill thnnnclvoi at this tlmo
and Mr llob.'ou pat don when Jndgo ( 'aid-
well stated that the court would take up tha
motion for a roh-'irlng.
At 'this mom" ) . ' Attorney Hndijoa , repre
senting the forces of labor , asked If tha
court Intended to allow the receiver * ap-
; > ulntcel to nibltrato the wage question to
fllu papers , staling that u disagreement
liaij refilled , in which merit IIP wanted to
also fllo an answer. Judge Caldwcll lull *