mated that ho could flic nny papers ha ilc * lrcd In the regular way , bill nothing would bo dona In the wngo matter until the ills- Ignition of the ca o ponding. COWIN SWAPS HORSES. General Cowln , on behalf of the govern ment , then addressed the court on the mo tion for n'rehearing. IJut the well known attorney hnd not gene very fnr In hi ; state ment of governmental Interests when Jiidgo Calihvell called the general du\\n by Inquir ing how the government became Involved In the case. Oenernl Cowln replied that by Intervention the government became n party to the Hiilt. Milt Judge Catdwcll wouldn't liavo It that way and remarked that the United States had no more right ! < > be heard than any other mortgagee and Unit to be come a parly the United States would luivo to do It In the regular way. That It will have to cotno Into court and bind Itself to the judgment of the court. Mr. Oowln rc- npondod Dial he had some doubt as to an Intervention giving him rights In the case , but It ho could not appear for the govern ment ho would appear for the receivers , which created n laugh throughout tint room , the agility with which Cowln Kwnppcd horses , showing that ho was considerable of n circus rider. Mr , Cowln then at considerable length took up the different phases of the ques tion , showing the conflicting orders made In the cases. Ho argued that the Union Pacific railway had no power to make a contract Whereby II pledged Its earnings by guaranteeing the payment of the Intercut upon $16,000,000 of G per cent bonds of the Union Pacific , Denver fc Oulf company for a period of fifty years. The receivers , ho stated , had elected to do HO , and that elec tion had been affirmed by Judge Diindy sit ting as circuit Judge. Ho further con tended that the circuit court for the dis trict of Nebraska was the court of primary jurisdiction and that all general orders af fecting the administration of the receivers must be had In this court ; that the proceed ings In the circuit court for the districts of Colorado were only auxiliary proceedings to the main case In this court. Ho compli mented Die operation of the road , but thought the. legislative acts providing for the operation were open to much criticism. Ho Hpoko for nearly an hour on the general proposition ! ) and nmdo what was considered by attorneys ft very able argument. Wlllard Teller , Judge Thurston announced , would follow General Cowln , and he would close for the receivers of the Union Pacific , although Receiver Anderson might want to Kay somelhlng as lo the merits of the case , but Mr. Anderson was averse to bo exploited on the court , remarking thai what was said would 'bo much better said by Mr. Thurs ton. JUDGE TELLER'S ARGUMENT. There was a very much larger attendance ot men distinguished In the law , as well as In trade , at the afternoon tsc&slun ot the circuit court yesterday than were present at the morning session. Judge Teller , In opening his argument , stated that he presumed the reason the parties were In court grew out ot conflicting , orders made by Judge Dundy In Nebraska und by Judges Hallett In Colorado and Itlner In Wyoming. As to whether or not the order ' entered by Jiidgo Oundy In January was or was not correct was the question at bar. Ho then reviewed at some length the causes leading up to the receivership and the part played by John Evans In going into the Colorado courts and asking for a separate receivership , which ho obtained through Jiidgo Hallutt. The only reason for the ap pointment of Mr. Trumbull was that specific performance should be Insisted upon on the part ot the receivers of the Union Pacific. On the 13th of October the Union Pacific , with its branches , was put Into the hands of receivers for their operation. It seems , therefore , that It was for no good reason tnat n separate receiver should be appointed. What they sought to bring about by the ap pointment of a receiver Is precisely what they also sought to bring about In their suit. The wliolo end and object of John "Evans was to enforce the specific contract upon thn-Unlon Pacific. "I said then as I say now , that they had no standing In this court , in view ot a suit which Is now pending in the circuit court of Colorado and Wyoming. "Is there anything wrong In Judge Dundy's NUMBER . Send or lirhiR POUll coupons anil ten cents In coin ID ( Ida office nml reeehittl'oJIrd part of this superb work Ilio Hlory of the Wur told by the leading euuerulx on both nidus. MAUJSIKIUH.NTIA ll.I.II.-S I'KA VKll. SERIES NO. 5. DICTIONARY. Only that mnnbor of the book eoiTOipona - 1m ; with the scries number of the coupuim liroiciilwl , will bo dollvoroil. NK Sunday and Three.Vcokilny coupons , with 15 Cents In oln , will buy ono part of The American Kiioyclopeillu Dic tionary. Send or brjn to 'J ho Dee OfUco. Mu.il should bo nudrc.tsea to DICTIONARY DEPARTMENT. SERIES SEVENTEEN BE1R COUPON. World's Fair Art Portfolio. To secure this superb souvenir Bcml cr brlnp slxcouponsof this tcrics bearing ilKTurent imtcs with 10 cents In coin to ART PORTFOLIO DEFT , , Bee Oflloe , Omaha. BINDING OK THE Dream City Portfolio The Konnlno Morocco binding In , elcjunt Itylo , at the low iirlce of Jl.Oll. cuu ho had lit FESTNER PRINTING CO. BINDERY , iticceasora to I' . U. 1'ostner. JUtuhlltihud ISO'J , We do our own blinding. FESTNER PRINTING CO. , 1307-9 Howard St. 13T1I rVNU 14TII HTIIKKTS , order ? Tlie order Starts out by ( umcrttng that the contract of April 1 , 1890 , In not one that rtitm with the freehold or realty and which fun to be attached to the property. " Ho then briefly.auoleil from Judge Dundy'n order and unld that the executing part Of the contract wan designed to run In perpetuity As to the paymcrit of profits they were of ni executory character. In Judge Uiindy'n order the receivers were absolved from carrying out the contract. QUESTION or m/niA VIHES. "I hold that was good law nnd that the contract was legal In every ncnxe , for the reason , flritt , that the contract was ultra vires nf the corporation. The question Is what Is or Is not ultra vires. " Ho then proceeded to argue the question of ultra vires , citing a number of cases' ' In support. He Hinted thnt the law rel.ttlng lo guarantees Is to he strictly construed. Ho Raid It wns an anomaly that ono person should guarantee the debts of another. There Is nothing In the charter or general law or all the circumstances of the Union I'nclflc that warruntH the Union Pacific to pay the Interest of tlie Union Pacific , Denver & Qulf , and consequently the guaranty was not legal. Can It ho right to thu stock holders of a corporation that all of Its earn ings should he frittered away for the sup port of Koine other road ? No company has the right to fritter away the whole of Its Income In lieu of certain receipts from other companies. Ho cited the Thurnmn act , so called , passed In 1878 , to show that such controls were void. Anil In furtherance of his argu ment showed that the receivers could not pay a conitructlve mileage 'of 3 to 1 , but felt that they could pay a constructive mile age of 1V1. This brought Mr. Hohson to his feet with a question regarding the Oregon Short line as to the constructive mllcagu paid to that rend and to other roads. The Interest features were then taken up. Would your honors' sitting where Judge Dtinrty sat , after you had seen the contract , have made a different order ? "Was a ques tion which Mr. Teller fired nt the Judges , but they never showed a. disposition to answer Mr. Teller's question. Kxpandlng hln argument , he told the rea sons for the company passing Into the hands of receivers nnd asortcd that the stock holders' Interests were sacred and the. Union Paclllc should not bo allowed to pay for the maintenance ) of somu railroad while the stockholders were left out In the cold , and thnt Is the principle which confronts the court at this time. Ho stated the Gulf road was n road 'that had never paid Its debts , and ho asked If such a thing would bo held to be correct In nny bonsc. Oulf people con tend that the contract compels the Union Pacific to run its trains over the Union Pa cific , Denver & Oulf , Instead of Its own road. The Union Pacific contends there Is nothing In the contract that provides that the Union I'ncltlo must run its trains over tlie Gulf tracks , or which prohibits them from run ning their trains over their own road. The receivers must so operate the road as lo earn the most money nnd Judge Hallett went outside of tlie contract nnd outside ot the law when ho made the order compelling the receivers to run trains over the Gulf tracks ijiyteid of their own. RECEIVERS' RELATIONS TO PROPERTY. E. Ellery Anderson , ono ot the receivers , devoted Ills argument to the relation the re ceivers held to the property , contending that they were only appointed when the property had reached a point when It could not meet Its obligations ; otherwise there was no reason for the appointment of re ceivers. They were not to favor one ixt the expense of the other , but to treat all alike. The receivers were confronted by a differ ence In the orders of Judges Dundy and Hal lett , the latter holding that tlie claims of the Gulf property were preferred nnd n flrst lien on any money In the hands of the re ceivers. The Interest on the Gulf bonds was 1100,000 a month. The deficits In the opera tion of the Gulf were about $55,000 per month , a n t drainof that amount on the Union Pacific. To fix any liability on the receivers they must have done some act to accept the contract under which It was sought to be enforced. When the receivers were appointed for the Union Paclllc the Gulf road wits made n party , nnd If the receivers were bound by the contracts made by the Union Pacific company , what were the receivers to do with all the millions of obligations of coin- panics similarly situated ? The appointment of the same receivers' for all the companies did not obligate them as receivers of the Union Pacific to pay all these obligations at the expense of the obligations of thy parent company. By the 3 to 1 mileage feature the Denver & Gulf received Gl per cent of the Income on Denver And Omaha business , and the Union Pacific 39 per cent , while the Union Pacific carried , the 400 miles and the Gulf road 178. Under the contract , if It was held to bo valid , the Union Pacific might bo compelled to give up the entire proceeds of the traffic Instead of 6 ! ) per cent , as provided by the mileage' basis. What are the receivers to do when the Dundy order declares the Gulf contract not In force , and the Hallott order holds they are , except the money division Is held In absyanco ? Mr. Anderson held that the re ceivers must primarily decide all these ques tions , and It not , the courts might just aa well abandon their primary business and go Into the business of operating railroads. JUDGE THURSTON'S ARGUMENT. Judge Thurstoa closed for the receivers of the Union Pacific company by stating that -the" Gulf company and Union Pacific company existed under separate organiza tions. At different meetings annual elec tions were held , directors being chosen and different officers selected. By the same cor porate power It came about that both com panies selected the same officers. One could no more say that the Union Pacific operated the Gulf than that the Gulf operated the Union Pacific , except a's the mileage differed. The statement that the Union Paclllc operated a through train from Council Bluffs to Denver Is not true. It was n Joint train operated by two companies , the Gulf and the Union Pacific. Judge Hullett's order ap pointing Mr. Trumbull receiver called upon the rucslvors of the Union Pacific to deliver up the properly of the Gulf In the handi of the Union Pacific. The Union Pacific has never operated u single line except its chartered line given it by act of congiess. The denial of this has been a popular fallacy and ono that should be exploded at this time. The Union Pacific \vi\ \ never In possession of the Gulf property , except IIM It operated the line In conjunction with the Gulf company. In the contract they got no power on God Almighty's green earth except "harmonious relations , " They got no power of direction , not a dollar In common , but simply held the back for the Gulf company. The Union Pacific was hocus poetised In giving this constructivemllbugo which hus created nn arbitrary that no road could cxUt under. He stated the Gulf was In the liolo nearly $500,000 , and the Union Pacific had to take this amount out of Its treasury to make good the deficit , notwith standing the constructive mileage of 3 to 1. which lias boon growing for years. The difference In arbitrary mileage will amount to about $500,000. In addition to that It will require $700,000 to make up the Gulf's deficit , requiring the Union Pacific to taUu out of Us treasury $1,200,000 to make good the hocus POCUH under which the Union Pacific has worked. Ono of the features of the contract was that the Union Pacific should do free switching at Denver. In response to Judge ilallett'u order It Is doing Iho Gulf's switchIng - Ing at Denver and getting nothing In re turn. It would bo noticed 'that In the con tract the Union Pacific was giving every thing and getting nothing In return. OfiJEOTIONS TO IIALLBTT'S ORDER , Judge Hallett also ordered that the re ceivers should pay over to Frank Trumbull moneys nfcrulng between July 1 and October 13. "By what power , " said Mr. Thurston "had Judge Hnllott the- right to name these particular dates ? " As to the order of Judge Hallett , relative to the paygitmt of money ? to KraiiU Trum bull , he contended that only the most care ful order should bo maclo , else It might unsettle - settle the trust estate nnd do Irreparable damage to property. The mode of procedure having bean somo- whnt questioned by the court , Judge Thurston proceeded to tt > ll lha court what liad been dono. Judge Calihvell , after listenIng - Ing for some time to the argument of Judge Thurston , remarked sentenUotisly thnt had there been a hearing such an this U , ho thought there would not have been the differ ences now existing. He fold' 09 the pro ceedings had been ex parte'-lt had worked badly for all Interested. "You have not Invited Mr , Trumbull Into this court. " said Judge Caldwcll , "No , " said Thurston. "becauso I didn't believe ho would coma and had no means whereby we could bring hint Into tlila'-conr of primary Jurisdiction , IwrAiiso < jf/ our * In. ability to secure service , and Itias ? .only through your honors that tie U now In court. " Mr. Tlnirston deprecated that there had b cn so many divergent views , but'was nt n loss to know how they could have done otherwise. i" , Attorney Hobson stated he would regard It as a favor If the court would adjourn until morning before being asked toi.com- mclico for Receiver Trumbull , and It then being f > o'clock , court adjourned until 10 o'clock this morning. HtM"S STAUTI.lMl ANSWr.lt. that the Union 1'nellln U Not In I/limnehil DiatrrM but It Milking -Money. Asldo from the Importance of the Gulf case from a railroad point ot view the an swer of Prank Trumbull , receiver of the Union Pacific , Denver & Oulf company , re spondent In the case , makes some rather startling allegations. They are no less than that the Union Pacific Railroad company Is not an Insolvent company , but on the con trary , has In the past , and Is now , earning sufllclent money to pay all Us obligations In the shupo of operating expenses , Interest on Its bonded debt and all amounts due under the law to the government , and In addition thereto a surplus which can bo used for other purposes. The receiver of the Union Pacific & Gulf originally demurred to the pleadings filed by the Union Pacific receivers , and It Is pro posed , nt the proper time , to move thnt the following answer , filed by Mr. Ilobsnn , for Hi ? Gulf receiver , bo substituted for the demurrer. After reciting the stntus ot the case the aiisner continues setting up general denials. Respondent admits that the appointment i , ' said receivers In the districts of Colorado and Wyoming was subsequent to the appoint ment In the district of Nebraska , but he de nies that such appointments were not orig inal as to all property within the respective jurisdiction of said courts ; and ho denies that the administration ot the trust estate vested In said receivers by appointment of the circuit courts of Colorado and Wyoming was In any sense auxiliary or subordinate to the apppointments made In the district ot Nebraska. SUSCEPTIBLE OP FULFILLMENT. The respondent denies that thereby the further performance of said contracts was necessarily suspended so far as the receivers ot the respective companies ware concerned and on the Amtrary alleges that Bald con tracts were susceptible ot being performed and carried out na between the receivers ot the Union Pacific Railway company and the Union Paclfiq , Denver & Gulf Railway company to their full extent ami with as full ofTect as If they had been carried out between the two companies respectively. Respondent denies that the contracts were not In any sense binding upon the receivers of the Union Paclllc Rqllway company and on the contrary alleges that by reason of the equities of the case and of the Intimate rela tions between said companies and on ac count of the largo Interests of each com pany In the other , said contracts were not only advisable and advantageous for the re ceivers of the Union Pacific company to con tinue and carry on , but such were In equity binding obligations Upon the receivers of the Union Pacific Railway company under and subject to the direction of the several courts of which they were ofilcers. In regard to the manner of application of receivers the answer admits the allegations of the petition of th'o receivers of the Union Pacific , but the respondent alleges and shows the fact to po that said petition was presented and said order'Was made without any nntlco to respondents as receivers of the Onion Pacific , Denver & Gulf and without any knowledge on the subject , and he also respectfully shows that said order whilst of "vast and wide reachlng''Iniporlance affecting and destroying most Intimate and * Important relations between the Union Pacific company and the Union" Pacific , Den ver & Gulf company , whilst fraught with most serious results to thq Union Pacific , Denver & Gulf company and probably to botli of said Companies was entered without any full investigation of the matter or hear ing on- the part ot the honorableJudge who made said order. . , - * ' Respondent furlnernioro shows and al leges that whilst said order , wns' of full force and effect so far as thpj property of ' the Union Pacific Rallway'r''cBmpany was concerned , which lies w.ltbln , the Jurisdic tion and so far as the business transacted between said roads wlthln , . 'tho district of Nebraska was concerned , JyaU the circuit court for the district of Nebraska .had no jurisdiction or control whatsoever oyr the respondent , and not one foot of "railway owned by the Union Pacific , Denver & Gulf and under the control of yonr , re spondent is within the dlstrlqt.pt Nebraska and the entire business transacted between the Union Pacific railway nnd the Union Pacific , Denver Gulf RaHway com pany or the receivers ot said respective roads Is transacted within the districts of Colorado and Wyoming. ' RECEIVERS SHOULD HAV fi KNOWN. After alleging certain facts tand denying ' ' others relative to the receiver's "th'o answer further proceeds : Respondent denies , as Is alleged In said petition , that it was Impossible for said re ceivers to ncqtilro thorough knowledge ot the terms , conditions and characterofJ'sald ' sev eral agreements and the practical operation ot the same , until after a prolonged and careful investigation , and denies that they disaffirm said contracts when they were In a position first to dctermlno and advise the court that the continued performance of the f > nmo would be disastrous to the Interests of the Union Pacific Railway * company ; and on- the contrary alleges that said S , H. II. ( Hark and the said Oliver Mink and said E. Ellery Anderson had been for -years officers anil .directors of both the Union Pacific Railway company and the Union Pacific , Denver & Gulf Railway company , and were nt Ull times fully advised with reference to the conditions of the two roads afore said and of the terms , condition and character - actor of said several agreements between the respective roads , and they know as much concerning the practical operation of said agreements between said roads at the time they were appointed receivers as they now do or have at nny time since said appoint ment. And the rc&pondent alleges that the re ceivers ot the said Union Pacific Railway company never had any Intention or de- Klro to disaffirm the contracts between said companies or to discontinue performance of the same until after the 16th day of De cember , IS93. Re.ipondent denies the allegation of said petition with reference to any ngreement Datwoen him nnd E. Ellcry Anderson on the ISth day of December , 1893 , or at nny time , and on the contrary alleges that there never was any agreement or understanding , but that such an agreement was discussed and drafts of the same were made but never igrecd upon. Respondent denies that the continued pjr- Torinance of the traffic agreement between ho Union Pacific Railway company and the Cnlon Pacific , Denver & Gulf Hallway coip- lany , set out In said petition , would entail ; reat loss upon the revenues and business of the said Union Pacific Railway company as operated by Us receivers , and. denies the other allegations ot said petition with re- 'erenco to the loss to said receivers by reason of maintaining the performance of .he several contracts therein referred to ; denloi the allegations of said petition with reference to the alleged disastrous results which will result to the creditors ot the Union Pacific Railway company from the nalntcnanco of said several contracts ; nnd on the contrary , respondent alleges on In formation and belief that the Union Pacific Hallway company during the year 1893 was und Is at thu present tlmo earning mifllclopt money to pay nil the operating , . 9pcnscs , the Interest onfall Ha bonded Indebtedness nnd all requirements' under thovstatutes pf he United States , nnd thnt n largo surplus over and nbovo all these obligations has > ecn earned since the 1st day of. January , 1S91 ! , CLAIMS IT IS THOROUGHLY , SOLVENT. Respondent alleges upon"lnormaUbTi ( and wllef that since the lBl"lay ( , of January , 1894 , sufficient money has been earned upon the en .Ire Union Pacific company to pay all operating expenses , all. interest charges tipon Ha bonded Indebtedness , which It was accessary to pay In order to maintain the nlegrlty of said system und'tp preVeijptor'e- closure of tlie same , arfd. all Ki/veraimont ihurgci ) ami chargeu Imposed by'law , and to cuve over nnd above' the same uf-larpe tt'rplus for the benefit ot creditors" havlpg 10 Hens upon the property Ot said Union 'aelllc Hallway company And In supporter or the above allegations respondent pruya lenvo to refefi th the ( lies nnd documents forming ( ho tile/mis / ot the circuit courts of the district of Colorado , Wyoming nnd Ne braska , nnd to use the came as fully na though they hnd been Incorporated herein. And the rftv5)idont ) nllegM that out of thnt portion The Union Paclllc Railway company deride * from the Union Pacific. Denver & Gulf Railway company , cither In the form of business exchange or Interest upon the securUlos of said Oulf company , not subject ttf'the ' Hen creditors ot said Union Pacific Railway company , nil con tracts between ald Union Pacific Railway company nndifcnld Gulf company could bo carried out In- , full nnd performed without Imposing one .dollar of loss upon any of the Hen creditors or Said Union Pacific Rnllwny company. And III support of said allegation respondent prays leave lo refer to the rec ords of the above named courts. And the respondent further shows nnd nllcgos thnt nt the present time nnd prior hereto the receivers of the Union Pacific Rnllwny company' ' nnd nil other companies of which they ore receivers , as setout In said petition , have been paying In full nil operating expenses , taxus and charges , and also Interest upon nil bonded Indebted ness which It Is necessary to pay In order lo prevent fort-closure upon the several per tions of said Union Pacific system , nnd Hint snld Union Pacific receivers have obtained orders from the circuit court ot the district of Nebraska lo continue such Interest pay ments. And your respondent shows nnd nl- leges thnt If nny Interest. Is In default upon nny portion of the system known as the Union Pacific system , except the Interest In default upon the llnca of the Union Pa cific , Denver & Oulf Rnllwny company , It Is upon the bonds of niixlllnry nnd constituent roads which ore absolutely owned or con trolled by the Union Pacific Railway com pany , nnd which said Interest It Is no wise necessary for said receivers to pay , Inas much as from a practical standpoint the Union Pacific Railway company and Its aux iliary roads are at the snmo lime solo debtors nnd sole creditors. And these alle gations yoilr respondent Is prepared to sus tain nnd verify when called upon by the court to do so. VICTOUY run Tiii : : < ! K.vi'iiiits. : Neiirljr All of Their Clnliim Allowed l > y Jtr , Olnrlc Vcstcriliiy. Contrary to all expectations the teleg raphers have made a settlement of their difficulties with the Union Pacific receivers. The question ot wages has not yet been settlcd.but Mr. Clark and Mr. Dickinson were at work upon that yesterday and from a remark made by Mr. Dickinson It Is sup posed there will be no difficulty In settling that. So far as the rules are concerned the controversy Is at an end and the operators are the victors , for * they gain practically everything they ask for. _ One of their prin cipal contentions has been for overtime and the company concedes , the rate of pay to bo the same for overtime as the operator re ceives for regular service. This rule not only applies to operators but to agents and operators who are acting as clerks In any capacity whore they are liable to be called upon to do telegraph duty , though that may not be nny part of their regular duties. In addition to over time one of the grievances of the operators has been that they are frequently called upon through the use of call bells to get up in the night and. do telegraph duty nfter they have gonc'ip bed. For this under the now rules they are to'receive 25 cents for every call regardless of the amount of time they are required 'to work , and In case the call requires them to be on duty over ono hour they are to receive the regular overtime pay for all overj jie hour. These have been the points In tire rules on which the differ ence has been ajnilong , and the settlement came In the nafurfrof a surprise to the inon , as they had gl/en' up nil hopes ot arriving at settlement" with tfie a receivers and were prepared lo go InUtfcourt with the rest of the organizations. Throughout their nine days session with Mr , , Clark and Mr. Korty there was nothing which would lead them to believe that a'settlement would be ar rived nt , butn i on flio contrary the officers ot the qqmpauy had up to the very closing- hours oftne , ( Conference refused to concede nnythlnglrlthough they hnd taken ' ' numerous things'npderadvisementihut , , the men , had , no hope , thatit would amount to anything beyond dclayjng the/ familiar "No , " whichhad greeted jjlpiost every proposition advanced by the men * , As. might ho sup posed , the telegraphers are very much elated over their success , and to , them Easter was the rising of a hope that was dead and burled. While the wage schedule Is not yet set tled , the men have no doubt that Itwill be speedily , as the ground has all been gene over carefully station'by station , and with the concessions } already made by the men there are no serious differences between them and the receivers nt this time. In fact , Mr. Dickinson Indicated to them at the opening of the session yesterday that there was no doubt but that the matter could bo spced'ly arranged. Up to ' 10 o'clock last night it was expected that the telegraphers and Mr. Clark would arrive at a settlement of the wage schedule as well as on the question of rules , but nt the last moment "It was put over until today. During the afternoon they were' engaged In conference , and at"supper time It was given out that at 7:30 : indefinite settlement would be arrived at. At that hour the parties met at Mr. Clark's rooms In the Millard and re mained closeted there until after 9 o'clock , but when it was all over It was reported that Ihero was nothing that could be given out at that time. From all the Indications , however. It Is evident that there Is not any difference between the men and Mr. Clark which they do not feel confident will be overcome , and It Is freely predicted that a complete settlement'between the telegraphers and the company will be reached today. Southern Pacific Ilc clicH Into Mexico. MONTEREY. Mex. . March 20. A corps of civil engineers has been sent hero from New York by C. P. Hunttngton of the Southern Pacific company with Instructions to run a survey for a railway Irom this city to Mon- clavo , at which fetation connection is made with the Mexican International , which Is also a part of the Southern Pacific. The Mex ican International is now extended to tlie Sierra Mojada mining camp from Monclavo and Iho proposed line to tills city Is to bo built for the purpose'of obtaining u direct outlet for the rich silver ores of Durnngo and Sierra Mojada. The building of the proposed railroad will make Monterey a much shorter standard route to the United States than at present. Claim * the flight of Wny. LEAV13NWOR1H , Knn. , March 20. James C. Stone , jr. , through whoso big farm south west ot this city the abandoned Leavenworth , Topeka & Southwestern railroad runs , has fenced up Ihe road where It onteru and leaves his property and postbd notices to prevent trespassing - He has also served General Superintendent J. C , Brlnkerhoft at Kansas City wlthjfprmal notice that ho has taken possession qMha right of way on thu ground that the .rauwuy company has for- felted Us rights by. upaiidonment. Mr. Stone this afternoon bugun suit In the district court for foreclosure qf the company's Im provements , There' Is about a mile ot the road on his premwei Mml.i'nlHIiort stay. Grand Chief Sa/t&'nt of the firemen and Grand Chief Clark o ? the conductors were In town for n couple of hours Sunday , though they did not register at any of the hotels. They were In conference with the men while here and left tor the oast. They came In from Denvciv wWro' they were on bus ! ness connected w V4lhelrorders. . It Is ex- peeled thor will rjltify Jicre Wednesday and remain until the CM * jirforo Judge Caldwell Is settled. S. E. VCSIUtifion , grand chief cf the trainmen , . Is exprqtod In the city today to remain during the hcdrlng In court , Ilu\u Agreed on n Sclirilule. WASHINGTON , Murch T0-'C ! , A , Pillsbury - bury , representing tV Hour manufactururs ot Minneapolis , who some time ago made out before thu Interstate Commerce commission a case of railway discrimination uguliiHt Min neapolis , is here with attorneys ot the Great Northern and Chicago. Milwaukee & St. Paul companies to ask the'commUxlun'H ap proval of a schedule of rates , to Which the parties Interested have agreed. NEW YORK , Mifn-U SO. H Is reported that the members of tlie board ot directors and the olllcers _ of the Toledo , Ann Arbor & North Michigan'llu'ltroad company will resign - sign at tomorrow' * meeting , and the road will b formally transferred to thu control ot thu Delaware , Lacltaivanim & Wustern Railroad company , which , It Is claimed , holds the bonds on which the road was sold under foreclosure. The report of the Chicago , Burlington & Qulijcy Mr th6nr < ending December 31 shows ! Gross earnings , $31,012,099 , de crease , $1,959,094 ; net , $9,81S,4GG , a decrease ot S7U.917. Total Income. $ llr,89Cns , de crease. $223,612 ; _ surplus. J15.0H , decrease , J78C.737 , - - _ rp iNviisTiuATi : , IIMUNN. : Ilrnrlug Ileforo thn llonun Committee AVII1 Itn Held In Mlhvmilu-e. WASHINGTON , March 20. The Investiga tion by the subcommittee nf the hottso judiciary committee In the Judge Jenkins anti-strike Injunction against the Northern Pacific railway employes will bo held In Milwaukee , beginning Monday next. The subcommittee , consisting * of Messrs. Doatner , Terry of Arkansas and W. A. Stone of Penn sylvania , will Icavo hero for Milwaukee Snt- urday. The committee Is considerably hampered by the fact that It has but $ r > 00 at Its disposal. It will , therefore , bo unable to provide the transportation for these wit nesses who live at any great distance from Milwaukee. It Is for this reason , principally , that the committee decided to go away from Washington to conduct the Investigation. Among the witnesses expected are : Messrs. J. U. Johnson of Tiicoma ; , Vcttcr of Sprague , Wash. ; M. L. Porter ot Llvlng- Btnn , Mont. , chief clerk of the Railway Conductors ; Sargent of the Locomotive Fire men , Arthur ot the Engineers , Wilkinson ot the Railway trainmen , and Ramsay of the Railway Telegraphers. MUIHH.KI * TIIK WOUDINU. Quror ItcHOlutliin Intrmlrd to Adtnnrc KuM < Tii.l''rrllit | Itutrn nnd ItN IteMlJt. CHICAGO , Murch M. ( Special Telegram to The Bee. ) If the east and west freight rate wars continue nfter April 2 It will bo Inrgely because ot the use of Hllpshod Eng lish. The Joint committee- has repeatedly shown ItH Ignoriince In nils respect , nut never did It need the scrvlci' ( if mi editor more tlinn In Ihe preparation of Its resolu tion culling for nn advance In rates. The Idea InvolvedWII.M perfectly Rlmple. When It appeared In print na wurped by the Joint committee It looked as much like Its former pelf as nn ordinary man looks like hla brother-in-law. Not n solitary freight oflicln.1 In the city of Chicago knew what the roxonltlon meant when he first saw It. From this uncertainty In sure to como a further cln h In rates. The only Question now Is whether the clash can be restricted. The recolutlon Itself has already appeared In The lee , but IIH It has since been the object of spirited discussion It Is ) worth reprinting. The Chinese puzzle Is contained In the second part of the resolu tion , which In full IK as follows : Resolved , That effective Monday , April 2. the enstbound freight rules be maintained In following basis : Chicago to New York : Grain and ltn product ? , twenty (20) ( ) cents per 100 pound * . All other articles and classeH at the rates of authorized traffics In effect prior to November 2i > , 18 ! . Resolved , That all tralllc received from shippers or connecting lines at Chicago and points'taking the Chicago percentage scale biiHls , on and after April 2 Khali be charged ut such rates , regardless of dale of ship ment from other origin points. This resolution moans that the rates mentioned shall applv on and nfter April 2 to all trafTle except such as maybe In transit In Central Trnlllc territory. All tonnage outside of Ccntial Tralllc tcirltory , whether In transit or not. and all tonnage originated on and after April 2 In Central Traffic territory , must take the advanced ' ' In't'liis connection Central Trade tenltory means all east of a line drawn between Milwaukee and East Dubmiue. and llience down the eust bank of the Mississippi to K.ist St. Louis. Judging from the contexl the resolution also menus the advanced rates to apply on April 2 ot this year , but It does not say so. The above Is the official diagram of the resolution riddle. Hut some of the lines have not yet obtained the official diagram. As a consequence they have Interpreted It In all sorts of ways. The Interpretation , which Is' destined to cause trouble , is that cut rates may apply on any traffic If It Is In transit April 2. For instance , the cut rules apply now on trallli : from San Fran cisco and PVory Intel mediate point to Chl- caco. Some of the eastern lines have no- tinpd their western connections they will receive traffic ! nt cut rates whether or not it Is In transil on April 2. On California business this is certain to keep the cul rales In foreo until April ID or 20. If the resolution had been worded with the abil ity of an ordinary school boy , the cut rates would have all expired by April . There Is general sentiment toward the advance and maintenance of rates , but II is apt lo lie dissipated by the disputes certain to arise ovqr the diffuitjnt constnotions put upon the , resolution. DI.SKKTIX : < : THU sotiTinntx PACIFIC. Mrrf * . .Sliinfiird'rt IntriTst * . It I * Said , Will Ho \VUInlra\Mi from the Company. SAN KKANP1SCO , .March 2fi. The Examiner aimounqos that Stephen T , Gage , repiesentatls-o of the Stanford Interest In tje ) dlrectorato of the Central Pacific rail road , today' sent In , his reslKiialion , and It Is concluded therefiom that the recently expiweiCoplnfon of C. 1' . Iluntlngton that It might be a good thins : to have new blood in the C'ontral Paclflo nnd Southern Pacific Is assuming concrete form. It is believed Mr. Gage's withdrawal Is formal notice that Mrs. Stanford proposes lo cen ter her attention upon the affairs of some other corporation mobably the Pacific Im provement company and piecodes a similar withdrawal from the Southern 1'a.clfic. It Is understood that A. 11. Towne , third vice president , and T. H. Hubburd , a dlrec- toi * , will likewise retire from the Central 1'nclfle. which , It is well known. Is now a subsidiary coipoiatlon of the Southern Tactile. The assets of the 1'iiclllc Improvement company and associate corporations of the rallioads are mostly In stocks and bonds , acceptable as collateral , and Mrs. Stan ford poems to be desirous to convert her great railroad Interests Into this form , so that she may raise Iho ? n,000fXX > In one yonr. In cash , made obligatory by tlie terms of the senator's will. _ 1-miliH Mum 1'iicllle. CHICAGO , March 2i > . The troubles , be tween the Atchlson anil Northwestern and Union Pacllle are now in a better way to be settled than for a week. However , It Is not by any means certain that an adjust ment will be reached. The visit Saturday of Third Vice President Newman of the Northwestern to Passenger Tinfllc Man ager White of the Atchlson bore fruit to day In an extended conference between these two officials and General Passenger Agent Lonmx of the t'nloii Tactile , who had been hastily summoned from Omaha. Nothing definite was in ranged after a meeting which lusted all day , but thu piospects for a restoration of rates between Chicago and the Missouri river and Chicago cage and California were pionounecd brighter. _ reiterated IliinrU The federated board of the Union Pacific system held a meeting yesterday and elected Its officers for the ensuing year. They are : F. E. Gllllland of the telegraphers , chairman ; S. I ) . Clark of the trnlnmoii , secretary. Be yond talking over the situation In regard to thejircseiit differences and the coming hear ing In court nothing else was done. O'llUIKX ILLS TIIK in.V.VK/f. Hilly HcmuMioy Hoes All the Way to liimtou lo < let l.lrUeil BOSTON , March 26. Ulck O'Urlcn of Lewlston , Mo , , met Hilly Hennessey of Clinton , In. , In the most scientific boxing contest ever seen lieie , and defeated the champion of tlie northwc.Ht In eleven closely and hotly contested rounds , ills victory gives him the title uf the middleweight championship "f the country and J700 of the $8ji ) pumo oflurcil by thu Charleslmnk Athletic club for the light. KiiorloKl Out ut UeNMoliics. . UES MOINKS , March -Special ( Tele- giain to Tins Bee. ) Jim -McCoy knocked out Mike.FHzpatilck of Superior. WIs. , In three very lively rounds lieu1 tonight. THEIR TRIBUTE OF RESPECT Both Houses of Congress Bovero the Memory of Senator Colquitt , BUT LITTLE BUSINESS TRANSACTED I loir the Suil Xo\v Wan Kccelvcit by the Assembled Statomncn ItunlnrM of Alt KlniUViti 1'ul Aside . for n May. WASHINGTON , March 26 , The death ot Senator Colqultt of Georgia was announced In the senate by Mr. Gordon , the colleague of the dead statesman. In n few touching words ho briefly recounted the service of the dead senator In the field of politics and In his domestic life. The customary resolu tion of regret WOB adopted and n committed of ton senators appointed to accompany the remains to Macon , Ua. The following committee was appointed by the vice president : Senators Gordon , Mor gan , IJutler , Ransom , Gray , Hoar , Proctor , Carey , Perkins and Allen. Prayer was offered at the convening of the senate by Mr. Colqultt's pastor , Rev. Iraac W. Cantor of the Mount Vernon Place Methodist Episcopal church , and at 12:15 : o'clock the senate adjourned. The house adjourned today nftcr a. brief session on account of the death ot Senator Colqultt. On motion of Mr. Rawilns of Utah n bill granting a tract of sixty acres In the Fort Douglas military reservation to the ter ritory of Utah for university purposes was passed. At this point the secretary of the senate appeared ami transmitted the resolution of sympathy and regret adopted by the senate out ot respect to the late Senator Colqultt. Mr. Turner of Georgia , who had been chosen by the Georgia delegation to an nounce the death of Senator Colqultt to the house , then arose and sent to the clerk's desk the usual resolutions ot regret , for attending the fjmeral and for adjourn ment out of respect io his memory. The resolutions were adopted unanimously. The speaker then appointed the following committee to accompany the remains to Georgia : Messrs. Livingston , Holman , Hunn , Cabanlss , Maddox , McDonald , W. A. Stone , Cogswell and Grout. Then , at 1 o'clock , as a further mark of respect , the house adjourned. mAN ' .S STltiXiTII. : Possibility of I'utHliiK the Sclgnlnriigo Jtlll < ) \er the I'rpdlilrnt'H Votii. WASHINGTON , March 2rt. Representa tive IJluml consultoil bin silver associates ot the house today a.s to the chances for passing the diver seigniorage bill over n veto. He found that most of the men who Imd voted for the bill stood ready to endorse It again , even against a veto. AVhether he will mnke the move or not JB not yet certain , us the most radical friends of the bill recognize the necessary two-thirds vote to overcome the- veto could not bi : secured In the house , mid without tills the move could be nothing more than u protest. Thu vote on the passage of the bill was : Yens , IC8 ; nays , 12J , nnd not voting , 5(5. ( This yea vote wns secured only nfter a protracted struggle , during which the house wns without u quorum much of the time. It is bIleved to repre sent almost the full Strength of the bill. To pass the measure over a veto would re quire 23i ! votes In n full vote , but us n full house Is never to be expected , the 2.9" present lit the lust vote Is counted on being the number which would vote on tlte veto question. With such u membership the two-thirds necessary to overturn the veto would be 1'JS , or thirty more than Mr. Illand could demand on the passage of his bill. These thirty would have to be drawn from the fifty-six not voting on the passage of the bill , as the oilginul negative vote could be relied upon to Hiistalu the veto. It is conceded by the sliver men thnt they could not get the necessary thirty. SD that In nny event the move to pass the bill over the veto would be nothing more than n formality. 1'uo.uTiii : wi\Tiiiii : ; ittiti\u. ; : Jiiillrtln on tluf I'rosriit Cold Him ) > 'Txxnrd tiy tlm HurraII. WASHINGTON' , .Mnrcli W. The following special bulletin has been Issued by the weather bureau : The perioil of ex tremely stormy weather noted by the special bulletin , Issued on the 2d ! lust. . Sins been followed on Sunday morning by one of extreme cold , which e-xtends owr nlmost the entire country east of ilie liocky mountains , minimum temperatures of freez ing nnd below being reported this morning over all this reijlon , except on the imme diate coast of the south Atlantic nnd Gulf states and Florida. Throughout northern Minnesota and the Unkotiut the tempera- turp this morning was below zero. In CJeorgla. Tennessee , Louisiana , Texas , Arkansas and Southern Missouri the weather Is the coldest of which the service has record for this season of the year. General frosts ocuilired Monday morning throughout the Uulf states and the middle and northern portions of the south Atlantic states , and the temperature will fall still lower Tuesday morning Jn the middle ami south Atlantic states , with Hosts as far south us Louisiana. For tbn Tutrol of llerlni ; Sea. WASHINGTON , March M.-rSIr Julian Tauncefoto , I'llllsh ambassador , had another long Interview with Secretary Gresham In connection with Tiering : sea matters. Theie me evidences that , the efforts which both pintles have .won Mak ing to arrive at u satisfactory a.rimcnt touching the regulation of the ie.il fisheries this season are likely to be crowned 'Uth success within the next ten lavs. The vessels of the llrltlsh navy which will co operate with our naval force m polli e tle seal waters me at or In the ii'ilsli'iorbijod of Ilsqulmaiilt , I ! . ( ' . The detail l > as not yet been made known huie , but the llrltlsh naval system is HO perfect In Its walking that the vessels selected for the .service LIIII be coaled ami- supplied with 'everything needful for their cruise In a very few days. rieioland'h.\UUtide Tonnnl the. Illanil Mill. WAS11INOTON , March 21. Senator Piigb of Alabama expressed the opinion today Unit the president would send a veto of the Dlaiid bill , accompanied by a mes sage explaining bis objections to the bill , which would be bused on the second sec tion , and saying , In effect , that if a bill could be passed devoid of the umblKiilty of the bill now befoie him and providing for the coinage of the sliver seigniorage , It would receive his approval , The senator also expressed the opinion that In tills event such a bill could be passed without much trouble or delay. Walling for Ills Instruction , ! . WASHINGTON' , March 3i. Admiral John son G. Walker , who has been assigned to the copimand of the Pacific station , IIUH not yet left Washington , being detained to lecelve his Instructions. These am now In coutsc of preparation at the Navy dep-nt- ment , ami the president , who , himself , selected Admlial Walker for the delicate command. Is taking an active Interest In the Instructions. It Is expected the ad- nilral will leceive them In time to leave hero da > after toluol row , and will take the steamer of April G fiom H.III FranclKCo for Honolulu , ( imry ' ' < ' * lit in1 In U. WASHINGTON. Miuch 20 , Representative Geary of California dors not. an most of the Pacific slope congrehhineii have dime , condemn the new ( leafy with China. It Is he Miyn , a decided advance upon the last treaty , In that this government1 ! ) rlcht to absolutely prohibit Immigration Is con ceded by China. Another point gained , Mr. Geary cays. Is recognition of the princi pal of registration * . ltcc < < l | > tft nf the Treasury. WASHINGTON , March - -The amount of silver dollais shipped from Ihe subtroas- ury and the mints diirliiK the last week Highest of all in Leavening Power. Latest U. S. Gov't Report. wan | T7 ; > ,175. The ohlpments of fmetloniU sliver coin from the1st of March td tin * 24th nRKregnted lfiort.073. The currency re ceived for redemption at the treasury to > tiny aggregated fcw. 9. and the niittntmi bank notj's. IIR9.7M. Th. ' receipts of th n llJlry ! , ll"lrt > ' lv''r < % follows customs. f/Si. / yg revenue , * 70IM. miw | . TKt.r.un.t I'll id miner * . Thirty tons of ore have been taken frou the Smuggler mine , near Aspen , Colo. , thn rmiH f 0 per cent pure silver. Henry Market , a painter , 21 years old , wn nrrosted In San Kranclscb yesterday charged with setting lire to the house on Halghl street , where Mrs. Ross nnd her baby \ver burned ( o death Saturday. Suit was filed In the United Stated circuit court by Richard Chnto at San Francisco against the law firm ot Dutlor. Sllllnmn fl Hubbard of Now York for $25,000 , alleged lo bo due for certain nervlces performed. J. W. Whltehead , the territorial treasurer of Utah , appointed by Governor West , look charge of his olllco yesterday , Jo.ilah liar- neil , the retiring treasurer , turned over In cash $169,000 , all ot which was school funds. Prlijro Hcjlow : , the African prince In the class of 1S 3 at Williams college , Massa chusetts , has received a call from his peoplif lo return to his native land nnd talto posses sion of the kingdom , which has heretofore been under the control of his uncle. Hamilton White of DCS Molnes , la. , Is In Denver arranging to locate a colony of Iowa fanners In the San Luis valley south ol Alamotn. The colony will bo made up ol about fi.OOO people , and they will seuiu around n college nnd town as a center. Carrel E. Wright , a wealthy miner for merly of Wyoming territory , has been mlm Ing for two weeks , and his friends fear foul play. Ho left his boarding phico In Chicago two weeks ago , saying lie was going for a walk , and hus not since been heard of. In the suit of Treasurer Lotz of Santa Clara county , California , against Mrs , Jane Stanford and other legatees of the estate of the late Senator Stanford to compel thn payment of an Inheritance tax on the eit- late , Jiidgo Reynolds sustained Mrs. Stan ford's demurrer. The consolidation ot the steel casting com panies of the country , as reported from Philadelphia , waa verified there yesterday. The uentlL'imm who was Interviewed Is prominent. In Ihe steel easting business. Ha said the consolidation of Interests Is In na way a trust. Ofllcers at Los Angclos have arrested two men against whom detectives claim to hold enough evidence to convict them of tlm Roscoe , Cal. , train robbery. Ono Is Alva Johnson , who Is supposed to be wealthy ; the other Is John Smith , who formerly worked for Johnson on his ranch. Arthur G. Preaton McNalty , Ihe young Englishman selected to manage Mrs. Lang- try's 5,000-acre ranch In Lake county , Cali fornia , has succeeded In making an amloablu settlement with Dr. Aby , the former man ager. whoso troubles with the actress re cently occupied n tdiaro of public attention. Jesie Mailer wont to the Carpenter llros. ranch In McElmo canon , Colorado , Saturday to collect a debt. Harry Carpenter attacked Ilaller with nn ax nnd Hnller shot him , killing him Instantly. Ilaller was riding away , when Grant and Orlo Carpetitci' begun shooting at him , wounding htm In tlia shoulder and leg. KNWLEDGE- * Brings comfort and improvement nncj IcndB to personal enjoyment when rightly usea. The mnnylio live bet * tor tlmn others and enjoy life more , with lets expenditure , l > y more promptly tu.i | > iK : ! the world's best products to the nceiTs of physical being , will attest the value to Iicnltk of the pure liquid Ir.xativo principles embraced in the remedy , Syrup of Figs. ltd excellence is due to its presenting in the form most acceptable and.plcaa- ant to the taate , the refreshing and truly beneficial properties of n jMirfeet laxative - ativo ; effectually cleansing the system , dispelling colds , headaches and fevcrs and permanently curing constipation. It has given satisfaction to millions and met with the approval of the medical profession , because it acts on the Kill- ncyff , Liver nnd Bowels withotit weak ening them and it is perfectly free from every objectionable substance. Kyrup of Figs is for t-alu by all drug gists in ( iOc ami $1 bottles , but it is man ufactured by the C'lliforniit Fig Syrup Oo. only , whose name is printed on every pauVngc , also the name , Syrnp of Figs , nnd being well informed , you will not ent nny aubstittili ! if oderrd. LUXURIANT HAIR I pruiliiu-il by thn CJrriruiiA HKUKIIIKH when . - fcv "II "tliiTit lull. They rli-aiifa Ilia BCili | uf IrrllathiK. ni-uly , i-rii H-il , anil Molchy hiiinnn. ntlinnlulo thu lialr fulllclcu , nnd d.Mroj nil. crowipiu liim'clH which fi-cil on . - , the li ilr , mill ht'iire iiicrvvd when - n the brut phM > lfimn ! uml nil other rcinc-illen fall. BoM thiuiighniit Ihf world. iJThors , March 29 GRAND COKTCBBT , ( 'iinr ) mill hpunil an evonln ? with tint \\urlilH Ortntent Nlolln AnillilH IVerleHH ( 'iiiu ) > aii > nf Iliilsliul aillHlalu line of llielr IneoiiipaiMblo MUSICAL PROGRAMS. Holilliur H | > cU-lHHin > l ilm IUOHI i-rlilu.il iinlleneei | fur 2--LOXG , HAPPY HOUHS-2 I'iieldni. tlie | , anrcrfl TliealiiM of nvei-y city Mnllin > i > Hut iirtliiy , Tin' NVcrwiiniilliiM J ( 'oiniUlau , - 7 THE GfiEAT IN HIS NEW MARVELOUS BXTERTAlHJEHr INCUMlt.Vf , Tin : HSCAIM ; KUOM SINK HIMI 'I IIH 41 YHTKUIOI'H \ \ I NO TIIK NKVV Hl'IUlT SIIANCH HUE. HERRMANN NIOIIT I'uicc-i n no , * i on , 7.10. Brio nun -.Mo. MATJNKK I'HICIW * l mt. 7.Hfllluiuid { ! ! < ' . Slreef Thealre II WW TONIGHT. OM'K A .VIW" ! TIIK MlhraoXAIllKS OS * KUK HENSHAW AND TEN BHOECK IN THK tK\f \ ' NABOBS. " Wfiluewluy anil