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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (March 30, 1894)
THE OMAHA DAILY BEE : FRIDAY , MARCH 30 , 189 i. foronco wculd result differently nnd bring about a settlement. To refer the matter tt a master or tlireo master * would only resull In delay , nnd the wholn matter would have to bo Bottled In court finally. If the parties wished It the court would proceed to heat and decide I'm case now. If the men were not satisfied with the findings of the courl they could quit the acrvlco of the court , bu the receiver * must abide by the decision 01 the court , an the court had more authority over them. The Judge again utalcd that the old schedules were prlma fade correct nnd Ju t , and the burden of proof was on the re ceivers to provo to the contrary. The courl thought the rules nnd regulations had ballet bo taken up flrsl. . , Mr. Thurston staled that Mr. Clark was nick nnd unable to appear In court , but II the hearing was postponed until today lie would probably be present , nnd ho nlnno was capable of handling Uieso questions. The from the very nature ol hearing of Ihe case , It , must bo largely conducted by the of ficials of the company nnd the representa tives of the men , who were alone c.ipz'ilo of elucidating the mysteries of "llroad operation. Mr. Hodges agreed with . .If. Thurston that railroad operations ami tne effect of the various rules worn beyond Ihe ken of the average lawyers , and the pres ence and advice of officials were absolutely Indispensable. Ho thought the hearing had better go over until morning , when Mr. ( . 'lark could bo present. It was then decided that the present rules under which the Union Pacific company and the receivers had BO far operated should be taken up nnd when ono was " ' 'countered ' would over which thcro wns a dlfferonco It bo discussed and decided by the court , the rules relating to the engineers and firemen to bo tul < rn up first. OM ) UUM3S THE HASIS. Mr. Thurston suggested that the new rules be taken up and discussed , but the court ngaln affirmed Its position that the old rules Hhnuld bo the basis of the hearing. In passing. Judge Caldwcll said that If Mr. Clark and the heads of the organizations of employs were to largely conduct the case , to the exclusion of the lawyer * . It would doubt- Iccs bo the bast conducted lawsuit It had been his pleasure to hear. At the coming Into court this mornlm ; the receivers will present a copy of the old rules , with the portions to which they object marked nnd state their reasons for the chtingo desired , nnd the men will present their reasons why they should remain In force. Court was then adjourned until this morning. The men thoroughly appreciate the fast that the holding of Iho hearing on Iho basis of the old schedule Is a great victory. Inas much as the consideration of that schedule was utterly eliminated from the conference with Mr. Clark , and the throwing of the bur den of proof upon the receivers Is also an advantage not to bo despised. Just before the adjournment of court Mr. Hodges called up the portion of the re port of Mr. Clark , which referred to the HRttlcmcnt of the pending dimciiltlc.i with thn telegraphers and the receivers and the court approved of the settlement and It Is now In full force and effect. The oxnct schedule Is not obtainable , but from the very best of authority It Is learned that the now schedule does not provide for any reduction In the gross amount that the coin- puny will have to pay for telegraph service. While the salaries uro cut In some instances the allowances for overtime ami extra calb will make up for It on the basis of the present nmoUnt of work of this kind done by the operators on the system. The advantage - vantage the men claim for this even over the present schedule is that every man on Ihe system will know just what ho Is to receive for bis services nnd if be Is called upon to do more work than the hours of duty require him to do ho will not fcol that ho. Is doing It for nothing for ho knows just what lie Is to receive for It. It will also stop the practice which has been prevalent to some extent of keeping men on duty for the simple reason that they inlghtposslbly.be wanted. ' MH. ULuVllll'S IlKl'OKT. SpccUlo Ki'HsonV for" HlHiigrrdlns- with Iho Mm Ail Kxlmtittlvn Itevlotr. At th.3 opening of court Mr. ThurstonTTrn- Kentod the report of'Mr. Clark of his doings as referee In bearing the case of the men on the system. So far as the report was com pleted at that lime It was published ex clusively In The Dee yesterday mbnilng. In addition to the matter contained therein the report says that ono reason for the fact that u settlement wan arrived at with the opera tors wns the fact thai Ihe wages of the operators - orators had not been Increased any for sev eral 'years , and In many Instances they had previously been -reduced , while the report hays the wages paid cnginemen and trainmen 1 ad been in late years Increased until they were about 15 per cent more than was paid ten years ago. At Iho first meeting Mr. Clark states ho told the men Hint ho understood he wns ap- NUMBER 3. * KX * > 7'I - J Send or brlnsr F.TUHi'Oiipotn nnd ten -ntH 111 COlll tO IfllH onid' 1111(1 ( ICCL'lNO tl'l ! Sr.l irirt ] of tlilu mmtrb woilillio Mory of the War told by the IcaJIniiiuMilH on both Hldus. MAI1MK1UK.NT1A' ll.I.USTK.V I'HIi. SERIES NO. 5. DICTIONARY. Only th.it nunibar of tlio boalc ( liff with llio wrlt'H number ot the couponu prcauutctt , will bu dallvoroil. NK Sunday nnd Thros "Week-day uuuponsvlthl5c3ntsln oln , will buy ono jurt of The Amoriuiui 12nc.volo | ) > Jio Dic tionary , tCmd or bring to TUo iu oonife. Mall should bo nddrossod to DICTIONARY DEPAhTYENT. SERIES SEVENTEEN MARCH 30 , 1894. 0 ? H EX JB EX EX : GQUPON. World's Fair Art 'Portfolio. To secure this superb oouvunlr hcnd cr brluir.ftUcouiKmsuf thl * Btjies bearing illft'orent dates \vith 10 ccuts in coin to ART PORTFOLIO OEPT , , Boo Ofllco , Omaha. pointed to adjust with them the rates of pay and tlio rules nnd rcRiilatlomi that were to Kovcrn the ayster-i and that It was his pur pose to reach n result which would be fair In view of the present iiltuatlon , Mr. Clark recites that ns the confcrenco progressed In the discussion of the new rules nnd sched ules of pay proposed by the receivers the men objected to nil or nearly all of the pro posed chanson , for reasons which did not rppear to him to bb well founded , and nee Ing an agreement on that basis was not likely ho asked the men to prepare a set of rules and schcdulcx for discussion , which they did. Without Koliif : Into details In dlsctiAsIni ; thcso Mr. Clark slates that careful estimates on them showed that If put Into force on the system they would Increase the expense of opcratlnR the lines several hundred thousand dollars per year over the amount now paid under the exist- Ins rulfd. The men themselves admitted , s.ild Mr. Clark , that the new rules would not decrease the expense of operating the uyntcm , but they said th6y were the rules they proposed to Bland upon. Mr. Clark also Htatcs In hta report that the effect of the rules proposed by the men would largely hnvo the effect of taking the management of the rend Out ot the Imndx of the re- celvara nnd place It In the hands ot the men. .Mr. Clark further states that previous to the appointment of the receivers fully half the time of the ofllcera of the road was taken tip In hearing the grievances of the men , and ono of the objects of the proposed now rules wns to do away with this diffi culty. U appeared to htm that from the position taken by the employes that In stead of accepting the present conditions nnd participating In any necessary econo mies they wcro Insisting upon nn Increase over the wages at present paid on the system. IIo became convinced that nothing could bo accomplished by the conference and had to report that with very few exceptions the men objected to all the proposed new rules , and could not consistently approve the ones proposed by them for the following reasons : First , because they would Increase the expenses of the system several hundred thousand dollars annually. Second , because the rules proposed by them would only aug ment Instead of decrease disputes , whlah would require more tlmo for settlement , IlKLATIOXS TO TII13 MEN. Mr. Clark states that It Is with profound regret that ho la compelled to make this re port , and In this connection ho states that during his long service with the company , dating back to 1SC7 , In positions ranging fiom division superintendent to president , It had been his aim to so perform his duty as to merit the respect of both his employers and employes. Mr. Clark refers to the fact that ho has always boon the friend of tlio men employed on the system and has en deavored in all ways and at nil times to treat them fairly and justly nnd has tried to secure subordinates who would do the same. It Is only from a knowledge of the necessi ties that exist , Mr. Clark says , that he asks the court to put Into effect the proposed rules and schedules of pay. After generally reviewing the phases of the wage confcrenco , which are now thor oughly well known to the readers ot The Uce , Mr. Clark , In his report , gives specific reasons for his Inability to agree with the schedules , rules and regulations as proposed by the cnginemen and trainmen and which v.-ero made a part of the document sub mitted to the court yesterday. As to the basis of pay , which the engineers seek to have made the same as tfer schedule of November 1 , 1S91. Mr. Clark says that this proposition would revive the old sched ule and place In effect the old rate of pay nnd excess mileage us allowed on the several divisions and allow no reduction In the rate of pay of engineers and firemen , and wlilch leads him to observe that this article Is practically a demand for the continuation of the old rates. Article 2 of the engineers' schedule , which is entitled "engines to run first In and first out , " Mr. Clark takes exception teen on the ground that It would cause an In crease In cost per mile for engineers nnd nromen , from the fact that the old rules specify "fast mall , " "passenger" and "pas senger freight" service , while the rules of the engineers as proposed by them Iciive out "passenger freight" service , thereby leaving claim for a class of service which has nor. heretofore been allowed. In article 3 , wlilch In the engineers' schedule Is entitled "time begins and ends , " Mr. Clark states certain words are omitted which the old 'schedule contains. As to the second section ho states that no Increase will bo made. This section alludes In the'engineers' schedule to the charges of overtime. Section 3 , which provides for switching and unload ing stock at "all terminals , " would , In Mr. Clark's eyes , cause nn Increase in view of the fact Hint the old rule applied only to main line district terminals. Article 4 Is the same as now in force , which Is also true of article ! > . Article 10 , relating to "seni ority of rights , " Is taken up and discussed at considerable length. Tlio report states that by the rule proposed on the part of the men the olficlnls are left without discretion In the selection of men for Important and preferred runs , as the rule requires that the oldest man In the service must bo given the position , regardless of his ability , character , habits or fitness for the position or past service rendered by him to the company. The -second section of the "seniority of rights" clause , the report states , has been the cause of n great deal of dissatisfaction at all points on the road between engineers , particularly on the Rocky Mountain division where a special committee has been ap-- polntPd to regulate and locate the different men In the district , but which works a hard ship on some of the men and which gives freight engineers nn opportunity to run pas senger engines regardless of ability to give satisfaction on a passenger run. CAUSED DISSATISFACTION. The effect of the old rules , In many In stances , has been very unsatisfactory , says the report , particularly the rule referring to the assignment of engineers , the rule ro- ferrlni.1 to sleeping hours , overhauling en- glnai nnd engines laid up with snow plow. As to 'article 8. which provides that the company shall not assign nny more engines than necessary to move the trafllc , Mr. Clark states that It has been the practice of Hie engineers through their brotherhoods , when business has fallen off on the road and the men were not making enough tlmo , to pass resolutions In their , lodges demanding that the muster mechanic should take of cer tain extra men in order that the men re maining might inake more pay per month. Ity this means It has added largely to the extra list wlion trnlllc on the road wns light , In support of this Mr. Clark states ho has a number of letters from divisions of engineers in the west requesting the di vision foreman to reduce the extra list on the ground that there were too many men on the extra list to make a living. Then ha received communications from other divis ions of engineers condemning the action of certain other divisions asking for this change In 'the extra service , nnd so the story con tinues. Then follows a recital of the rules pro posed by the englnucm regarding "sleeping hours. " "overhauling engines , " "engines laid up with snow ; plows. " As to the latter rule , which reads : "When an engine Is laid up for snow serv ice nn engineer shall have the care of the cnglno In order U ) ) coep It In proper readi ness for snow service. Engines with enow plows attached which engineers cannot ECO over will not bo required | o pull a train. Engineers will not bu required to tisu fU'itgos with snow plow .engines , except In case of special emergency , " Uy tills rule , says the report , the company ha * been com pelled to pay meli during tlm winter months for doing absolutely nothing.- There have been cases where engines 'havo boeu sta tioned with snow plow nml not used fur Hlxty days ; the engineer and llruman hav ing nothing to do and refusing to perform any ccrvico on account of this rule requit ing them to have the care of tlm engine. When It Is necessary to put an englno In snov/ plow service an engineer and firo- mau has to bu assigned to the care of that engine , uml unless used In en aw plow serv ice are not expected to do any work , ex cept It might bo ta make a trip on the road. Thu company lias hud engineers absolutely refuse to do anything , falling back on thin rule for protection , claiming that thu schedule gave them protection in thut direction. To carry out this rule It la ostlimxted that It would nocestltato placing u crow on fif teen BIIOW plows ut a salary of J1J3 per month and a crew on six rotary plows at a salary of J230 per month for llvo months each year , making a total expense for flve months of $ H.S75. ' Taking up the rules proposed by the fire men the report staten they are the same ai those put In force November I , 1891 , with an addition of a few nuw rules. Artlclo 20 , concerning cleaning- , which Uys down the rula that firemen uliull uot be compelled ta paint front ends nor Blacks , uor to clean , ncotir or polish their engines , nor to pill pins , make coupling ! ! or throw switches under any circumstances , gives Mr. Cliul nn opportunity to Introduce some figures IIo states that the adoption of this rula would add very largely to the company's expense In operating the motive power do parlmcnt. Hy thin rule firemen would bo ro llovcd of the care of their engines , and It Is the object nml Intent of thin rule that they he relieved of all cleaning on locomotives both Inside and outside ot cab , and to keep the engines In their present condition I would bo necessary to employ 200 men on the Union Pacific system to lake care of the work that properly belongs to the firemen nnd to do this would Increase expenses $141 , 000 per annum. The latter clause of the rule , which reads "Firemen will not bo compelled to null pins make couplings or throw switches under nny circumstances , " would necessitate the plac ing of a brakcman on every helping engine on service In the Union Pacific system , says the report. This would necessltnto putting on thirty brakcmen on thcso engines , nt an expense of JOG per month each , or $21,900 per annum , The enforcement of this'rulo would cost the Union I'aclflc system | lfi" > ,90 ( per year more than at present. Its object IB to rollovo the firemen of every duty In connection with' a locomotive except putting coal In Hro box. The custom practiced on other roads Is , where flremon have regular engines , they do the cleaning In cab nml above running board ; where engines are pooled nnd have no regular men assigned to them the management keeps the engine clean and the firemen are not expected to do that. On the Union Pacific system all engines hnvo regular crews assigned them , except In cases where helping engines are doubled crowed and are In twenty-four hours service. As a general proposition the president of the Union Pacific states that the schedule with tlio engineers nnd firemen has been the means ot Increasing the cost per mile for wages ot engineers , firemen , hostlers nnd wipers from 6.37 cents per mile In 1S83 to 9.19 cents per mile In 1893 , or nn Increase of 44 per cent. The reasons for this Increase are stated to bo on account of concessions made to the organizations above mentioned , duo In most part to changes In the manner ot fix ing wages. For many years the wages of cnginemen and trainmen were by the month , says Mr. Clark. Eventually , nt the earnest solicitation of the employes , this system of monthly compensation was changed to a mileage basis ; and to this mileage basis has been added , from time to time , certain arbitrary allowances of mile age not run , nnd for overtime , which have tended to considerably Increase the rates of pay as formerly established. AS TO HEAVIER TUAINS. In answer to the claims of the men that they are operating engines of greater hauling capacity than formerly and that trainmen now run trains uf greatly In creased tonnage and that thereby the value of their services Is much greater than In former years , the president says"Hut : It will boound that In every Instance the rates have fallen so much more rapidly than the capacity of the rolling' stock and the motive power has Increased that much less revenue is received today for the same train service than 'was received In those former years of less powerful engines , smaller cars and lighter trains. "Tho only person whose actual labor has been Increased by reason ot the mere Im provement In motive power Is the fireman , who , perhaps , shovels more coal than he formerly did. But to offset this is the fact that by concessions nfade to the demands of the enginemen , the firemen have been relieved from a considerable portion ot the actual work formerly Imposed upon them. Such is also the case with the engineers. And It Is a fact today , that less actual labor Is performed by both engineers and firemen In running the same number'of miles 'than was performed ten years ago.- Attached to thd report Is a statement showing the cost per mlle for engineeers , firemen , wipers and.hostlers bn .the Union Pacific for 1893 , nnd. a comparison showing how much more It costs "the" Union 'Pacific for the samp service than the roads speci fied. The engine mileage 'on the Union'"Pa cific for the year 1S03 was 23,609,472. miles ; the cost for wages of engineers , firemen , hostlers- and 'wlpera ' * for.- this period was $2,635,316.31 , or 9.19 cents per mile. ' " This Is shown in a recapitulation as fol lows : Cost per mile for1 engineers , firemen host lers and wipers for the year 1893 , furnished by auditing department : Coat per mile for engineers , firemen- hostlers and wipers on the Union Pacific system at the rate proposed In new schedule March 1 , 1894 , S.'GO cents ' per mile , compared with cost of same service'on following roads : Cost Cost for'JWsa ' tlmn per 'Exmc serunit.j paid inllc. 'vice. on U. 1' . TInlon Tacinn 8.GO 2.45T.,574.S9 Great Northern 7.90 i'lil.SS IO' $201.CS0.80 Southern 1'aclllc. . . . 8.SS 2.4H3.W1.73 ta.U72.S4 A. T. & S. l\ 8.10 S.321,227.21 1)3.347.58 ) MlBKOiirl Paclllc . . . . 7.C4 2.190,317.60 215 226.31 M. 1C. & T. Hy. . . . 8.C8 2.4M.510.17 * 23.I3S.S8 ! l/iuls. & Kanli 7.CO 2,178,879.87 2SiO.l34.72 C. M. & St. I' . Hy. . C.83 l,975'Mii.B2 430,247.97 C. , H. J. & I * . Hy. . C.f.2 1SCI.'J4D.57 MS.Mj.OS C. , II. & Q C.7I 1,933,3:2.41 M3.252.lf C. & N. W. Uy. . . . 7.0 ? Z.02J.79S.C2 131.773.97 Chicago & Alton. . . . 8.27 2,370,805.33 S4.C09.20 More than amount paid on Union Pacific. Cunt per mile Klvnn in CCJUH. Note Great Northern Is flRureil In above on a 10 pet" cent cut , wlilch Inn been maiic. OBJECTIONS TO NEW HULES. Then follows specific objections on Mr. Clark's part to the proposed rules and repu tations submitted by the trainmen. Articles 1 , 2 , 3 , 4 , 5 , C , 8 , 0 , 11 , 13 , 15 , 20 are thought to bo objectionable to tlio receivers , and the reasons given. As to article 3 , relative to overtime , the report says the words "over time will bo paid for on passenger runs less than two hours" objected to ; passenger nion are paid on a monthly basis and the com pensation Is fixed to cover all the service re quired of them. Article 5 , relating to "work trains , " finds little favor for the reason that the brake- man's rate Is too lilfili ; should bo | CO per incmth. Also object to the words "per cal endar working month" and thu words "ex cept that runs baforo and after regular work- ln # hours shall bo computed on mileage baala. " The receivers contend that the rates $ ! > 0 nnd ? CO per month , In their proposed ichedulo , nrj fair nnd equltahlc nnd cover all of the service required. This Is on the basis of 3 and S cents per 1UO miles per day , thirty days per month , and the receivers expect to pay overtime after twelve hours. Article 11 , relating to "extra service , " Is pummelcd for the reason that It provides for extra pay for assigned crows on branches when .required to perform extra service. Them are a great many short runs wlio.ro the compensation fixed Is with a view of uslnj ; them occasionally for extra service without additional pay. Section Z , objected to : It should read "handling main line pas senger trains will bo allowed mileage rates. " The receivers hullcvo that on branch lines , whore there uro assigned crows whoso erv- Ice Is light. It It not unfair to require extra service from them occasionally ; the matter to bo left to the Judgment of the superintendent , who will give them extra compensation , if , in his Judgment , they nhould huvu it. Artlclu 13 , rt-latliiB to "doubling hills , " la opposed as follows : "Objected to ; allow ance should be made for doubling hills only when the train Is made up with the Inten tion of having It double ; the rula as pro posed by the tiainmun places a premium on doubling und would tend to increase such service ; nnd the deluy caused by such doub- lllig would , In many oisuu , bo paid for u uoc- encl lime under the overtime rule. " Article 20 , treating of "what constitutes a crew , " la given a black eye as follows : "Tho recclveru object to this rule In Its entirety ; this U a question of management and uiunt ba left to thu management. If accepted. It would add to the expense * of operation at least $30,000 per annum and not increase or benefit thu service. " CONCERNING STIUKB TALK. Upon thu general proposition of the pro posed cut Mr. Clark Bin tea thut thu getiorul wugvs of englnemen and trainmen us pro- podod by the receivers will still ha consider ably In excess of those which had prevailed on the Union I'aclflc system up to 1SS5. "I also respectfully submit , " says Mr , Clark , "that I have a full stenographic report of all tUo proceeding * of the conference with the employes , which I am ready to nubuiU lor your honor'8 exnmlnntlon nnd consideration and I think Itttll Hear me out In nil of tli statements I h vo p.1"0 ' w' ' " ' rospcd to my efforts to bring about nn adjustment of ex IstliiR differences with the employes , have been monk un.xlotia to effect a settle ment of dlfferiHiecV In order to avert any possibility of a strike on the Union 1'aclfl system. This system Is so vast In cxtcn nnd so much bf-Mr Is operated through a sparsely ncttled-i cbuntfy , that It would b almost Impossltypi .to avoid Irreparable In Jury If It were cxpcucd to the dangers rvnt disasters Incident Tu'ix general walkout of It employes , "I have the utmost confidence In the In tolilgence , loyalty.nnd law abiding chnu.cte of the great body of employes on the Unlot I'aclflc system , .hut I also have the mos certain nnd reliable Information ( hat thcro are men In llti employ who are cndc.ivurlnt to bring on a general strike nnd who do no hesitate to threaten nil sorts of Injury am 'disaster to the property In charge of you receivers unless what they term their demands mands are complied with , " In support of this startling assertion the report contains n letter from John Onlllgher residing at Muuntpcllcr , Idaho , addressed to railway employes west of the Mississippi stating the notion taken lit a union meeting of all the branches of labor , and recltlnt , Uio resolutions adopted nt the meeting which wcro In effect that should nny reduc tion be made In wages tlieso labor organi zations had concluded ( o strike , disregarding the heads of the different organizations to which they belonged * This letter Is sub mitted without comment. And then Mr. Clark concludes the recom mendation that a man bo appointed by the court to go over lines of railroad situate ! similarly to the Union I'aclflc , examining every condition pertaining thereto that can affect the question of wages , nnd report his finding of facts and recommendation ns to pay on the Union I'aclflc , which , on belnf approved by the court shall be considered as a settlement of the controversy. Denial from Deli * . In nn Interview esterda Eugene Debs dented the utterance of the Incendlnry re marks to which Receiver Clark refers In his report to HIP circuit court. Mr. Debs Hays both his order nnd himself have been misrepresented In this matter. MILLER BOUND OVER. Must Hhiiul Trlu 1 for Shooting und Hobblng Fniuk Illlmk. Martin Miller , who wns nrrested n few weeks ngo for Khootlng I-Ynnk lllbak , the Clark street grocer , nnd who has been con- lined In jail waiting till Ulbnk's condition would permit him to nppcar ngnlnst him , was placed on trial yesterday afternoon. Itlbalc wus there to appear and also his wife. As wns Ktnted when Miller wns taken to their residence for Identification , both Mr. and Mrs. Itlhnlc positively Identified him ns the assailant , nnd shortly after Hlbnk filed two complaints ngnlnst him , one for shoot- Inff with Intent to kill und another for rob bery. The trial conmimeil the greater part of the afternoon. Half a dozen witnesses were produced for thu defense to show that Miller was not In the vicinity of Clark street at the time the robbery and shoot ing are alleged to have taken place. When It came to the point , however , of proving nn alibi , none of them were sun ; ns to the time they saw Miller , and as near as any could say for certain was that he was seen sometime during the evening in the vlcln- itv of Eleventh arid Dodge. The former Identification by both Mr. and Mrs. lllhaki wap not shaken In the least , and tbey weiii ; just as positive yester day that lie WOK the right man ns they were the day he"wns taken to their resi dence. > ' ' ' Judge Berkn said that as Mr. and Mrs. Rlbak were both'iso certain that Miller was the man , and an Ui < "other witnesses when closely questioned Were not positive , he thought lie wnsVjustifled In binding Miller over. ' ' Ills bond for the > first count , that of shooting with Intent' ' to kill , wan placed at $1,000 , nmV.a Ilkoiamount was fixed for the charge of robberyi : o WKATllFM OKKUAKTS. It Will Ito I'lilr iil"tfoli-i-Throughout ] | | Nc- lirfiuku Toiluy. WASHINGTON , Mdrcli 29. Forecast for Friday : For Nebraska , .South Dakota and Colorado Fair/ftutlf ; / wii'icta ; colder Satur day morning. , . v For Kansas , Missouri and Iowa Falr ; > warmer ; south winds. AXXO VXGK31RXTS. The largest advance sale of the present season Indicates that Herrmann will be greeted tonight by one of the largest , audience of the season. Herrmann has the happy faculty of catering equally to all sorts and conditions of mankind. Ills ad mirers are legion" , nnd range from states men and ministers to the humble gallery god. A feature of the performance is the dancing done by Mmo. Herrmann , who has proved herself an artist of a high order of merit. She dances tlio "Serpentine , " "la Blanche , " "Butterfly" and other unique dances with marked effect. MuvciiiPiitx of HragnliiK VrnnelH March 20. At San Francisco Cleared City of Pe king , for Yokohama und Hens Kong ; Uyn- omne , for CJueonstown ; Jane A. Fulken- berg , for fishing ; Fremont , for fishing ; schooner Maid of Orleans , for Kuhiiaka. Departed St. Paul , for Guaymus ; W. W. Crave , for 1'ort Townsend ; bark Sea King- , for Nanlnmo. At Eureka Arrived Tnlner. At Departures' Hay Sailed Costa Rica , for San Francisco. At Nnnlumo Sailed General Falrchlld , for San Francisco. At Halifax , N. S. Arrived Carthagenlan , from CiUiHgow. At Gibraltar Passed Fuerst Bismarck , from New York. Iiiteriiilttrnt Arc Light ? . Reports imvc been received by Hie chief of police from patrolmen regarding the electrlo street Ilulils. The five arc lights on South Tenth Htroet from Williams to Bancroft streets went \Vedneriduy night nt 1 :110 : and not a glimmer citnu ; from them until 2UIO n. m. , when thu lamps started up again und sbwl tlielr ll ht\ for fifty-five minutes and then went out. On South Thir teenth street from Mason to Vlnton streets six arc llglitH went out shortly after mid night nnd stayoil out until almost daybreak. ' The llgbWoii ICIe\cntli ntruut south of Jackson - son Direct acted Die r-amo way. "Tim "Tho Garrotcrs , " one of Howells' best farces , will be given In the parlors of the Unitarian church , Seventeenth und Cess streets , this evening. Tlio clmrac'ters in IhlH farce are : .Mrs , llobi-rts , Mr. Roberts , Mrs. Crasliaw , Sir. Campbell , Dr. l awton , Mr. lieinlM , Mrs. Alfred itemls , Mr. Alfred Hemls nnd Delia. Thi > entertainment Is free to members of thu L'nlty club and practi cally so to others , but 10 cents being taken at the door , Wiiltit UVol In It. DENVER. March ) 2iir-0overnor ) Walto has refused n request Uncndorse the Coxey movoi nent and Issue a call for the unemployed of Denver to march U > Washington. Captain Tlbbc-tjs , ' , the oldest traveling lasBcnger agent In. Uiq United States , Is at lie Paxton. Mrs. Carrie Cunmilngs has returned from Tlptor. , la. , wlierqLhlip went to visit her father , who la III. , , . , ? irl > ri > * l.iin In Onmlm , At the Mnrrny-lHIoirn nratt. of North I'luttc. at II. \ At the Mercer 'i.'Tinrsley of Fairmont , J. Ij. Harvey of Seward , At the Drcscl-r1. % 'rotty1 of Norfolk and T. N. Mann of Hasllhts. At the Mlllurd-F. 'Si. nilsh of Lincoln , J. M. Wi-rtz and wltu of Grand Inland. At the Coonnadu ! j. U. Watts and II. F. Savage * of Waterloo , C. F. 'Dalley of Hush- vllhi , At the Dellonp SL Waldron of Lincoln. W. Frank of Grand Island , , M. B. Irvln of Sumncr. ' ' At the Arcade J , U. Hovy of Norfolk , M. 13. Cowen of Teculusuh and J. U. Cain of Falls City. At the Paxton c ; P , Shaw of Kearney , J. C. Hurch of Wymore , II. A , . Hughes ani wift ) ot Huvonna. At the Windsor C. P. Hammond of O'Neill , J. B. Cox of David City uml A. H. McDowell ol McCook. , At the Merchant ! Jamea Leonard ot North Platlc , George Krumni of Tlldun , W. , . Perkins of David City , A. R. Nlsbot of ' 'ullcrton. _ Grinding : Razor * , shears , cutlery and oulu. K. S. StanOeld & Co. , ISIS DoOfiu. DECIDED AGAINST THE GULF Judge 8miborn Completely Vindicates the Action of the Receivers , OBLIGATIONS NOT ASSUMED BY COURTS of iliirlmllrtlon Drrldnl hi I'nror of thn Noliniftkit CnnrM-Uulf OnlrlitU Loft with Only Their I.lnuiTuf Hnllt Tlio Dct-lilon. Judge Snnborii surprised the attorneys In terested In the argument In the Quit case yesterday on the convening of the cir cuit court by announcing that the court had listened with patience to the arguments In Ihe case , but had come to the conclusion lliat further argumcntH were useless , ns the court had prepared on opinion In the cose. Judge Thnrston was ready to proceed to the close of his argument , but when Judge Sanborn announced that a decision had been reached Mr. Thurston quietly took his seat while the legal lights hitched up their chairs to catch the words of Iho court. In effect the opinion wns n complete vindi cation of the course taken by the receivers of the Union Pacific , and leaves the dnlt company with little to stand upon except that It does not deprive Receiver Trumbull of his line of rails. The question of Jurisdiction was also decided In favor of the Nebraska court , the court , however , deciding that par ties having suits against the Union I'aclflc company would not be compelled to conic Into tno circuit court of Nebraska , but could begin proceedings In the district In which they re sided. The effect of the ruling , the court de cided , will be thut the receivers am to re port to the circuit court of Nebraska , and as to the Julesburg branch the receivers are re- lleved absolutely from the terms of the con- trad of April 1. ISflO , bill Iho court , upon In terrogation by . Mr. Hobson , said that ho thought traffic ; arrangements satisfactory to all the receivers could bo made. This Mr. Anderson said could bo done he thought on n mileage basis. The court then appointed William P. Cornish of St. I'nul special muster In chancery to whom Iho receivers will make monthly reports and after examination by Mr. Cornish they will bo referred to the circuit court of Omaha , the court of original jurisdiction. Mr. Cor nish Is also empowered to hear evidence on the Interest features of the Gulf case and re port his findings to thn circuit court. As to the general accounting between the companies which the court ordered in Its rulings , the master Is directed to sit either In Denver or Omaha upon agreement of both parties to the suit. ' Orders will bo made at once covering the main features of the opinion. Judge San- born then announced that ho was compelled polled to leave for St. 1'anl and would not participate In the wage matter next on the calendar , but thai Judge Hlncr would sll with Judge Caldwcll on the hearing. Mr. Thurston endeavored to have Judge Sanborn remain until ho could read Mr. Clark's report nnd recommendation , which Thurston announced would bo ready at 2 o'clock. Dut Judge Siinborn was averse to hearing ono side ami refused to participate In the hearing pn the ground that he would be unable to remain until the close of the hearing. Mr. Thurston then announced thai Mr. Clark's special report would be ready nt 2 o'clock , nnd the court took a recess until lliat hour. JUD2I2 SAXBOUN'S OPINION. Following Is the opinion delivered by Judge Sanborn : "The question presented to the court In this rehearing Is to what extent. If any , the receivers of the Pacific company are bound by .the traffic agreements between the Pa cific company and the Gulf company dated April 1 , 1880 , and July 5 , 1SS3. "For the purpose of this hearing these contracts will bo treated as valid agree ments of the contracting parties. The cove nants of the Pacific company contained In these agreements do not run with or bind any of the real or personal property nnd what Is Fa Id In Ibis opinion has no reference to conlractH or covenants that do. "It Is well settled that the receivers of an Insolvent railroad corporation appointed by n court of chancery to preserve Its prop erty and operate its railroads do not stand In the shoes of the corporation. They are neither the representatives of the Insolvent corporation nor Its creditors nor stockhold ers ; they are the officers and representatives of the court , In which It holds the prop crty while It operates the railroads of the Insolvent corporation for the benefit of those ultimately entitled to the property nnd the Income. NOT BOUND TO PAY DEBTS. "Tho court Is not bound to pay the debts nor to perform the obligations of the In solvent , nor are Its receivers. No one ever contends lliat the obligations of the Insolvent corporation to pay Its debts are assumed by Its receivers. The only difference between the liability of such receivers to pay the debts and to-perform the executory contracts of an Insolvent , corporation Is that the con sideration of the former in generally received by the Insolvent , while the consideration of the latter may bo obtained by the receivers , and If after an unreasonable length of time they accept the benefits they may thereby assume the liabilities of such contracts. "The possibility of such an assumption of liability has Imposed upon tlieso re ceivers a corresponding duty. This duty was to carefully examine every lease , traffic or other executory contract of the Pacific company and to determine In each case whether or not It watt for the best Interests of all thn creditors and Htockholders of the nsolvent corporation for whose ultimate ben efit they ht'l'J its property that they should accept the benefits and assume the burdens or such lease or contract. They were en titled to n reasonable lime nfter their ap- mlntmnnt to make till : : examination and do- icrmlnallon. They wi-ro appointed October 111 , 1S93 ; they renounced tlieso contracts Jan uary 15 , IS'Jl. In view of the great number of executory contracts the Pacific company was a party to , and the heavy Interests In volved In this receivership , this was not an unrcasonable'llme. In our opinion , lo use In Iho examination and determination of this question. "Moreover , wo think the chief consldera- lon for the assumption by the Pacific com- ) uny of Its liabilities under these con- racts wac that Iho ( iulf company should bo operated In harmony with and practically inder the supervision and control of the 'uclflc company Itself. " THE OULF'S DIVOUCE ACTION. "December 12 , 1883 , a separate receiver for ho Quit company was appointed , who , on December IS , 1893 , took from the .receivers of the Pacific company possession and con- rol of the Gulf company. This receiver ma since operated the railroad of the Gulf company free from supervision nnd control of the receivers of the Pacfi | comnany , and ias thins withdrawn from them that con sideration. This of itself Is , In our opinion , sufficient reason why the receivers of the Pacific company should not bo re in I red to pcifarm the covenants of that company contained In these contracts sub sequent to December IS , 1S93. Specific > erformanccs of such contract : ! as tlieso lunnot be enforced against receivers who lave not nssumed the obligations therein by any word or act of their own. because , as vus well suld by Mr , Justlcii Brewer , 'A specific performance by the receiver would > o a form of satisfaction or payment which IB cannot be required to make. As well night It bo decreed to satisfy Urn nppcd- ant's dcmandx by money us by service Hought to bo enforced , ' * "Tho result Is that the receivers were lot bound by the covenants and obligations of the Pacific company contained In these contracts , bylrluo of the order appolut- ng them. They had the option within u reasonable time after their appointraont to accept tlii'Hu leases and assume these obli gations , or to renounce the former and ro- IIBO to be bound by the latter. They exer- Ised this option within n reasonable time ml wisely renounced the contracts , " Then followed u citation of cases In sup- > orl of the principle * laid dawn. ItESClNDBD AN 1MIOKTANT OUDEIl. Continuing. Judge Sanborn wild : "In uc- ordancu with thcio views thu order direct- ng tlm receivers to operate the Jue ! buri ; irunch will bo rescinded and the receivers f bolh companies will agree upon fair and Jiitt trafttc arrangement * , carefully consid ering the wants and Interests of tint public , aa well ua the parties they roprcaent , aud If they arc unable so to agree they will submit their differences to this court and they will bo at onno settled. "So far ns I'm rlntm of the Gulf company or Its receivers lo the amount of Interest which accrued on Its bonds prior to the appointment of the receivers of tto | Pacific company In concerned , w are nwnre of no principle of law or of equitable considera tion that will tnko this claim out of the category of the simple contract liabilities of the Pacific company of like date und character , or relieve from the effect of nny valid offsets or counter claims the Pacific company imty have against the ( Iulf com pany. This claim must bo considered In a general accounting between these corpora tions. * "Hut the receiver of itho Quit company Insists that by operating the railroad of that company from October 13 to December 18 , 1803 , nnd by various nets nnd state- menu during that lime the receivers of the Pacific company accepted the benefits nnd nssumed the liabilities of thcso contracts for that period , und Hint they ought to bo directed to pay at once and In preference to nil other claims , the Interest on the bonds of the ( Iulf company that nrcrued during that time. The authorities to which we have referred leave no doubt of the follow ing propositions : "Flrnt. Tlio appointment o ! receivers did not , lp."o facto , make them liable lo pay this Interest according to these contracts. "Second. The fact that they took pos session of and operated the railroad of the Gulf company for slxty-llvo days would nol of Itself establish an assumption by them of the Paulfln company's liabilities Under these contracts , because they hud the right to opera to the road for n reasonable time to ascertain If It was lo Iho Interest of nil the p.irtli'H for whom Ihey hold the Pa cific company's property thai they linuld assume their liabilities , and sixty-five days was nut an unreasonable time to use In de termining this quesllon. "Third. The burden of proof Is on Iho receiver of the Gulf company to establish the proposition that these re ceivers did assume this liability. The re ceivers strenuously deny that they did so. This issue Is ptujarely made by the peti tions of the parties ami the arguments of counsel. As we understand It , it Involves the disposition of ROIIIO $200.000. No tes timony has been taken , no witnesses ex amined on this qucHllon , but It Is submltlcd to us nnd was , as we uro Informed , to the courts on earlier hearings , on allegations nnd denials nnd extracts from affidavits afid statements of Individual receivers und others found In files of the coin-In und generally made with no reference to this Issue , but with special reference to questions entirely foreign to It. This evidence Is fragmentary nnd entirely unsatisfactory that tlieso re ceivers ever did or Intended to pay the In terest of the Gulf bonds for these slxty- five days. This may bo estimated by sub sequent proof and opportunity will bo given to do so. "Nor are wo willing to say at this time , and In the face of the very unsatisfactory condition of the evidence relative to the financial condition and to the accruing lia bilities of the Pacific company , lhal II would be jusl and equitable to the parties In Interest to pay to the receivers of the Gulf company now a full amount of this Inter est as compensation for the use of the railroad during these slxty-llvo days , re gardless of their assumption of their lla- llIlltlDS. POWERS OF SPECIAL MASTER. "It Is too early In the administration of this vast trust to tell to what extent Ihe ob ligations of the Pacific company can be met by Its earnings nnd the earnings of Its con stituent or allied companies. Wo cannot yet learn how many of the latter companies may present claims for preference In payment like thai before us. The payment of Ihe re ceiver of the Gulf company as n preferred creditor now nt the contrncl rnto fixed by the trifllc contract for the sixty-five days the receivers of the Pacific company operated that road might deprive creditors of the same or a higher rank of any payment at all. For these reasons we think It Is unwise nt this time to require the receivers to pay for the use or operation of any of the con stituent lines nny Inrgcr amount than the amount those lines have actually cnrned. Accordingly the orders made In the Colorado district on February 13 and .February 14 , 18SH , and the like orders made In the Wy oming district will be rescinded. A speplal master will be appointed In this cause. All the claims of the Gulf company against the Pacific company prior to October 13 , 1893 , and all the claims of the Pacific com pany against the Gulf company accruing prior to lhat date will be referred to him ; nil the claims of the Gulf company nnd Its receiver against the Pacific company or Its receivers which have accrued subsequent to October 13 , 1893 , and all the claims of the receivers of the Pacific com pany against the Gulf company or its receiver which have accrued subsequent to that date will likewise bn referred to him ; ho will bo directed to determine the law and the facls In these controversies and directed to report the general balance duo from Ihe Gulf company to the Pacific com pany or from the Pacific company to the Gulf company , as the case may be , on ac count of the claims of the respective parties accruing prior to October 13 , 1893. Ho will also be directed to report the general balance - anco duo from the receivers of the Pacific company to the Gulf company or Its re ceiver , or from the Gulf company or Its receiver to the receivers of the Pacific com pany , ns the case may bo , on account of their respective claims accruing subsequent to October ] , ' ! , 1&U3 , and to find nnd to re port to this court what amount , if any , of the balance BO found to be duo should bo treated n a preferred claim by the re ceivers of the Pacific company in the ad ministration of the trust Imposed upon them. JURISDICTION OF COURTS. "II Is unnecessary to discuss or decide bore whether the circuit court sluing In Colorado or AVyomlng Is a court of auxiliary jurisdiction In the matter of this receiver ship. Tlieso receivers were first ap pointed In this court , sitting In Nebraska. So far as the general management of tlio IruEl imposed upon them , the general opera tion of the railroad system In their charge in this circuit und their general accounting Is concerned , they must report to nnd bo governed by this court sitting In Nebraska. "Tho Impracticability of properly admin istering this great trusl under any other practice and the Intolerable confusion which would result from contradictory orders re garding these subjects inado In the different llxtrlcts In the circuit will commend this rule of practice to every Judge within the Juris diction and prevent any Interference or mod ification of orders Issued In tlieso mailers by the circuit court for the district of Ne braska , except by appeal or upon rehearing ! " * * but the circuit court * In the districts of Colo- rndo and Wyoming have Jurisdiction to hoar nnd determine the claims nt the citi zens of those districts against the Imolvent corporation and the receivers of U , and their determination of those matters will b * equally respected by the court lining In Nebraska ; citizens of ono district will not bo required In go to another district to > / sert their claims ngnlnst receivers appointed jf by the courts of both districts. " / ( i.ntitMM . .i.vr.i.v > JIUU.ST TO .1 nitur , Onmlm Kid ( llvrn Danny l/i.v' ) Conqurrcr * llnnl Itnn for l-'iriyOnn Hound * . JIIXNEAI'OI.IS , March 2fl.-Spool ( l Tele gram to The Itec. ) Jiilm Vnn Heest anil Oscar Oardner , the "Onmlm ICId , " ham mered nwny nt each other for forty-om rounds before tin- Twin City Athletic * club hero tonight. Tlio referee , Ililnk Heeley , gave u decision of no contest , nnd bets worn declared on' . Tbc men c-aeb weighed In tit n trhli * under 12. , und \vero In good condition. The IlKbt Hint-led elf briskly , nnd tin * little men WITH ilcuil In earnest. It WMH give und lulu- for twenty rounds , first one und then the other having tlu > advantage. The "Kid" WIIH th - moix clever nnd iiuleker , but Van Ileesl took punishment like a glutton , nnd inudi things nlioiit even. In tlu < sixth round the "Kid" mvmnl to have Van HecMt ulmoM landed , uml ulsu In the twentieth , but Vnn lleest iMieb tlmn rounded to uml cnme up smiling the next llino. In the twenty-fourth round both men iiKi'i'od to u draw , but the club wanted n decision , nnil the referee ordered them ta continue , lloih men were so weak that they i-oiilil not do elTeetlve work , nml when Ilia forty-first round was finished innny of UK spectators hud left nnd the referee decided no contest. ItnrglKry Tlmm teil. Watchman Jiimes I'lslier about midnight hisl nlghl discovered a man trying to raise n window In the rear of Parmalee's gun store , Hill Douglas street. The man heard Fisher's footsteps and run , nml on refusing to stop the watchman fired , but tin slrnnger esc'upod. " - * ; ? ; AMUSKMENTS. BOYD'S 1 | TONIGHT , TOMORROW AFTER NOON AND NIGHT. Tlio Xccroumutl < | U < ; Cometllan. THE GREAT IN HIS NEW MARVELOUS EXTERTAINMhT Tin : KSCAPK PUO.M stxcj SINO THU M YSTKUKHJS SWING THK NKW Sl'IHIT SKANOH A ( l ( ( MME. HERRMANN . ItoSjSnB , & ! SPECTACULAR DANCE CREATIONS- NIOHT PRICKSl.r > 0 , $1.00 , 7.V3tle and Silo. MATJNKK I'KICKS-ifl.OO , 7ffc. CUoaiul L'iic. Free list suspended , BOYD'SjfS : APRIL 1 antl 2. THE PASHIOXAIJtiK KVKKT OP THE SKASON. J. And the Whitney Opera Company in t'ao . FENCING- MASTER PrPBcntod with a nrp.it Oast A Chorus of 50 VolccH- Crand OrclieMr.-i. Tlm original nmtroiiolltnii produuttou. Box slieats will opun Saturday morning. Free list suspended. BOYD'S I DE WOLF AND HIS MERRY COMPANY PRESENTING Tlio OoreroiiH Comic O | > ra Spectacle , DIRECT PROM The Broadway Theater , New York City. Iliix Bhci'lH will oiion Monday , April 2. I'"ree list suspended. SPECIAL ! ( Mutliioo And Saturday HoKliHil 5. Wm. H. CRANE , And Ills Admirable ) Company. THURSDAY , Kit ] DAY and SATUKDAV Mntlueo. BROTHER J SATUHUAY NIGHT. THE SENATOR. Scats on Solo Wodnoaclny , April 4" I'UinKS-TjOwrr floor , 91.fit ) ; Ilalcony , TBoand BOo WAT1NKK I'lllCKS Lower floor. * 1 and 7flo b.ilcuny.Tfic and OOe. L3 Free list suspendeil. I5 h Street Thealre II ' TONIGHT. ONOK AGAIN ! ! ! THE MILMONAIKBd OP FUN HENSHAW AND TEN BROECK IN THE NEW ' " NABOBS. Matinee Saturday. J5fh Street TheaJerI | | > ol'W 5ES 1 rs'IUHTS C'uiiiiiinnvlnij : Mniclay Al itlii ol Al'Itll. 1ST. THE FAMOUS * * ZEJB" HDQSItR COMEDr Speclnl Sconpry-Btronir Cunt It'H u cocxl thlnci funny , too , Kvr-rvtliltiL' iimvand until date , MATINKK WKUNKSUAY. Neeili to ulinngo his prosonl nppnrol for some thininoro / , seaoon- ablw IIo depends a fjront deal upon your judgment in solcsotlni ; I hirt H'lrinoniB ' for miring'IJon't allow liliu to appear shabby- lt'n nollciod at ItiH ollloo OH tlio Htrout at tluj olub uvurywhuro and coiuinontod upon , UU'H uit | tci ( , 'dt ciu'olyri In tlild rubpuut Hlir hill ) up point out to him tno nuut appearance of Mr. Urown your iiolijlibor who placed Ma order witli us a wool ; at'O. Ilrlni ; him ( your husband , not Mrllrown ) to our Htoro. Uo'll becoino in to rented in our fabricb our pricus our way of doing busiiiudd. IIo'll jiluuo an order for aithor Troxisors at $5 $6 $7 $8 or a Suit at $20-$25-$30 M'n fti ( r/infoo lit I'lt Hint I \\0 Mull 207 B. 18th Samnlos.