8
TRANSFER SWITCH. LAW CASE
Argnmcnta Were Hoard in This City by
Judge Chapman Yesterday ,
CONTENTION Or THE DEFENDANT ROADS
HtCOtlnttoni Ilctnrcn Union Pacific and the
Ore-con 1'car of Ncrloim friction Mot
Jlrimiffd So OlelinUlon nt Illll-
liur Itnllrond > oiv .
The demurrer to the mandatory proceed
ings ot the State Board of Transportation
ngnlnst the Sioux City , O'Neill" & Western
Railroad company lo compel the company to
put In transfer switches nt O'NcIll , Holt
county , woa argued yesterday In this city be
fore Judge Chapman ot Plattsmouth. The
eaio was heard In General Attorney Haw-
ley's ' offlce at the Elkhorn headquarters , the
arguments taking up the afternoon. Judge
Chapman will render a decision at his ear
liest convenience.
The title of the suit Is the State of Ne
braska ex rcl the State Doard of Transporta
tion , rclator , against the S.'oux City , O'Neill
& iVcstcrn Railroad company , P , C. Hills
as receiver , and the frcmont , Elkhorn &
Jlltsourl Valley Railroad company , respond-
nta. ' ,
The contention made by the Fremont , Elk-
Tiorn & Missouri Valley HaIIroad company
Is that the Packwood switching law Is void
and cannot be enforced for the following
reasons :
The act Is amendatory of the act of 1S87 ,
creating the State Board of Transportation
without reference to that act ; It amcnits the
Kewberry bill without reference ; It Is amend
atory of section 113 , chapter xvl , comp led
statutes , In reference to the construction of
switches and sidetracks , without reference ;
the title In no way refers to the subject of
rates.
The brief states that the law could not bo
enforced because It would require a shipment
made by longer lines for a sum not greater
than by a shorter line al the arbitrary de
mand of the ehlpper , which would bo unjust *
and unconstitutional. It would require two
br more roads to carry freight In carload 'lots
ftl less than regular rates. The act provides ,
It Is further alleged , that waybills shall be
made out by the receiving company , and that
each company shall be- paid In proportion to
Its mlleago , but does not state when and
where the rate Is to be collected nor by
Whom. This law , It Is argued , conflicts with
other laws regulating freight traffic , nnd Is
unfair In Its. . provisions , depriving railway
companies , of duo process of law and the pro
tection thereof. It Is also claimed that as
this road Is In the hands of a receiver , this
court has no jurisdiction of
the matter. The
net applies only to shipments In carload lots ,
and clearly contemplates that the car of the
receiving company shall be loaded and trans
ported ovv the whole distance from the
nolnt of shipment to the point of destination.
The receiving company Is thus compelled to
part with Its
property without
any compen-
tatlon for the time and service of the car
while upon other roads , and no security or
provision Is made for Its return at any time.
' Mr. Hawley holds that the Sloax City , ,
O'Neill & Western railroad Is exempt from
this law , under the act exempt ng roads built
since the 1st of January , 1SS , and that the
Newberry bill would allow each road to
charge the sum of Its own locals , In car
load lots , over two or more lines of road ,
so that the '
I'ackwood bill U nn amendment
to the Newberry bill , without any reference
whatsoever. He further holds that as this
load Is In the hands of a receiver It does
sot come under the jur sdlctlon of this court.
Both sides were well '
supplied with
au-
thorltles , and argued each -point with'consid
erable latitude. The law undtr which these
'of ' proceedings were brought by the State Board
Transportation was passed by the last
general .assembly , nnd
went Into effect Au
gust 1 , 1S33. On September 19 , 1893 , the
[ defendant railroads filed' n petition with the
State Board of Transportation , asking to be
relieved from the operation of the law. bed. ,
hearing was had , an Investigation ordered ,
and n report of the findings of facts by the
secretaries of the board was made , after
which the board ordered that the- petition be
'
denied' . This order was made In , March. 18D4 ,
and since then these > roads have dlsregardsd
the Packnood switching law.
Attorney General Hastings contended that .
this law was valid .atml
, Juit ami equitable , nnd
was passed In answer tr > the
repeated le-
mands of the shippers of the state.
lie held
Hint
, although the road was In the hands
of a receiver , the latter
would have to
op
erate it under the laws of ( he state , Just hole
same as would the original owners. He
le-
nied that
this road was leho
exempt from hoof
provisions of the Packwood law because of
subsequent construction , ami Insisted that
every provision of the switching
law
should
be
enforced to the tetter.
There are other suits of a similar nature
against the B. & M. and other
roads
the dec slon of , and
Judge Chapman
nwaltod with will beef
considerable Interest by all of
the other
railroads In the state.
l.nnmx t llio Sent of Wur.
General Passenger Agent Lomax of the
Union Pacific Is In
Portland upon two
mis
sions ; first , to hold
a conference
with Re
ceiver McNeill of the Oregon tend
Navigation Hallway and
company relative to tlio blanket *
proportion
of 29
per cent ,
Oregon demanded by the
company from the. Union Pacific
on
nml second " on.
, to look over the field a"
with
lt > making appointments view
of traveling and cltv
Hy
agents of the-
passenger theUnion
Bxtcr- Whether Pacific under
? -
, any decided
result will
ue nau from the Interview
and Mr. Hurlburt Is with Mr McJ
general thought very problematical. uo ,
being that the hands
of the
the E ° Great " Northern ? nyllave bee strengthened by
people In
s mllar granting a
demand
, but It Is
a foregone
elusion the con-
Union Pacific
such a disproportionate win not agree to
arrangement. In
the
case
of this
demand
It
Is the volco .
of
Nelll Sic.
, but the hands
are the
hands of Jim
Kverylhlng at present points to ,
a fight
on the part of the Union
polntment Pacific , the np-
of Mr.
Baxter , who has
a large
rge
personal
following
In that territory
, having
been the first
note of
warning to the Oregon
company that
the Union Pacific
to n fair would agree ;
proportion of divisions , but
not would
yield
a single
Inch beyond a certain
point. A
strong ofllca Is
to be maintained
ned
at Portland.
. A well known
railroad
trained In man
transcontinental
rates will have
charge of
the
traffic department.
There
will bf
traveling freight and
city passenger men ,
passenger and freight men ami all the
help necessary to secure business
, the
agree
ment as to divisions
PBCIfle between the Union
making such an oillce necessary.
Doth the Oregon and Union Paclflo
com
panies arc In fighting humor and It U not
Improbable that n rate war will be the out
come of the antagonism of Mr. McNeill I lo
the
receivers of the Union Pacific.
- to CniKn Trouble ,
The withdrawal of the Illinois Central
from the Western Passenger
association , as
told-In the telegraphic dispatches
from Chi
cage , was expected by
general passenger '
agents of roads , members of the
association
tlon
here. "
"Uut
the dispatches do not
state
ex
actly the causes leading up to the
with-
drawiil
of the Illinois Central
tlcally , although prac-
It
amounts to the same thing , " said
a railroad man who
attends
the
meetings of
the "
association.
"The Illinois Central asked
the association to put In the Short Line
rate to San Francisco -
via New Orleans ,
which U the old rate
of flOO. This was
negatived by the association.
. Then the
rep
resentative of
the Illinois Central
gave notice
that ho would put In the rate
that anyway , and
is where the matter rested when 1
came hopio. What effect the withdrawal
I \vnl
will have Is not at present apparent , Hi-
though the roads will be compelled to meet
the rate If the Illinois Central persists In
"
Its couw.
"VVIH Not I > l 'brntn llio Opruln ; ; .
Tbeie will bo . .
very little stir
over the running of the first train "
tluoueh lo Hillings by the Bur-
llugton October 21. "Vlllanl drove the
Eolden spike on the Northern Pacific and
the time the euesta had on that occasion r
echoed around the world , but what a fall
was there I" said Mr Francis , general pas-
tenger " agent of the Burlington , yesterday.
\Ve do not propose to emulate the example
Si ilr. .Vlllard and will nuletly commence-
business as If we hid been doing business
for years. There will be no red fire over the
conjunction effected at Hillings. It Is purely
a business proposition nnd we do not think
It needs any great nmount of celebration.
Ot course one cannot help but be cnthuslac-
tla over the territory opened up to Omaha
and Its business men , Nearly 1,500 miles
of new country Is placed on our doorstep and
that means much to a city the size ot this.
Ample arrangements , have been made with
the Northern I'aolflc at Hillings. Wo will
have a ticket representation east , as well
as west , at all Important points , which Is
much In our favor. Wo will malntan general
offices at Portland , as we hnvo done In the
past , and also at Hillings. And as for serv
ice , wo propone to give our competitors an
example of enterprise which they will bo only
too glad to Imitate vihen the time comes , "
VATCIIINO UP A
itTort : Ilclni ; Mnilu to Hold the IlltnoU
Ontr.il In I. iio ,
CHICAGO , Oct. 12. The report that the
Illlno's Central road had withdrawn from
Iho Western Passenger association was
somewhat premature. TheToad _ may with
draw from the association If It cannot se
cure any consideration of Its plan to put
In a round trip rate of $100 from Chicago to
Sati Francisco via New Orleans. At the
time the proposal of the Illinois Central was
presented to the meeting of the association
lines. It concluded that the west was not
entitled to the consideration which It called
for , nnd It was on account of this that the
other lines would not consent to the rate
the Illinois Central presented. As soon as
Chairman Caldwell knew where the trouble
lay , he succeeded In convincing the Illinois
Central people that there had been no In
tention to slight them or their request for a
reduced California rntc , and the railroad
finally acrced to hold In abeyance Its notice
of withdrawal until a special meeting of the
association lines could be called to take up
In special session the proposal for a cheap
rate to California. Nothing will be done
toward putting In the $100 rate until after
the meeting of the association , but It Is
very probable that If the request of the
Illinois Central Is not granted It will put
in the rate on Its awn responsibility.
The advisory clearing house of the West
ern Passenger association was to have held
a meeting today with the officials of the See
line In relation to the schedule of commis
sion on emigrant business to see If It could
not be adjusted In n manner agreeable to
both sides of the controversy , but the matter
was finally deferred to the date of the meet
ing of the advisory committee ulth the trunk
lines In Now York next week. There Is
likely to bo a warm time at the meeting In
New York , as the trunk lines have declared
themselves to the effect that the presence
of the orders of the western roads In their
territory , while n source of great annoyance
to them , has not been the moving cause
which led them to upset the agreement be
tween the two associations In
relation to the
emigrant traffic. The trunk lines declare j |
that In conducting the affairs of the associa
tion In New York the ngent of the two as
sociations , who routes the emigrant business
through the west , has become possessed of
some of the secrets of the Trunk Line as
sociation , which ho has given to the West
ern Passenger association lines to the mani
fest advantage of the latter lines. The west
ern roads are Inclined to uphold their man
In this , as they claim that nearly all the
emigrant business which passes over the
trunk lines Is worked up by the western
lines , and that in giving them all the Infer
mation In his possession their agent has done
nothing more than his duty. The trunk lines
are far from taking the same view of the
matter , and It Is likely that a worm time
will ensue at the meeting.
HOW TUB ATOIIXSON WAS UOIIIIKD.
-Steals Aggregating- Hundred mill Fifty
Million * Charirecl.
CHICAGO , Oct. 12. Judge J. Erb , one of
the lawyers employed by the Atchlson pro
tective reorganization committee to mnko a
ca.no against the late management , makes the
charge that the company has been robbsd
of o\er SICO.000,000 , and Insists the amount
has gone > Into the pockets of the mon en-I
tnutod with the control of-the-properly. He
does not call the'persons by name. One
Itetn mentioned was the purchase of the St.
Louis & San Francisco for $27,000,000. In
addition to the purchase money there was
a $30,000,000 floating debt , and tli'o entire
floating debt of the Atchlson , Topeka & Santa
PC. half of which belonged to the St , Louis
& San Francisco. This one deal , therefore.
Is held responsible for the loss of neary
(40,000,000 ( , which money might as well have
been burned for all the good It did the stock
holders , In the estimation of Judge Erb.
Other Items mentioned b.in
are the acquisition
of the Colorado Midland
and the conversion
of $90,000,000 $ income bonds Into 4 per cent
Income bonds , Aldace F. Walker , one of the
receivers of the Atchlson , wqs before the |
federal grand Jury , wfllch Is Investigating the
alleged violations of the Interstate commerce
law by that road. In the matter of making
rebates to shippers. Mr. Walker said that
the records of the company had been searched
carefully , but that no receipts or vouchers ,
such as fie Jury asked for , could be found ,
ILLINOIS CttNfKAL IlltU.UCS OUT.
l > u8 thn Writorn I'as cni ; r Association
to Hnvu It * I'nclflo Contt Tralllc.
CHICAGO , Oct. 12. The Illinois Central
has given notice of withdrawal from the
Western Passenger association. It claims
the action of the association In refusing to
authorize round trip tickets from go
lo California via New Orleans at the rate
of $100 ha.i forced It out of the Pacific coast
business , and It will act Independently here
after.
iy Nutoi.
General Manager Dickinson has returned
from Chicago.
General Passenger Agent Buchanan of the
Elkhorn returned from Sioux City yesterday.
Local Rock Island officials were jubilant
over the purchase- Iho Minneapolis & St.
Louis by the Hock Island yesterday.
J O. PhllllppI of the Missouri Kiel lie has
returned from his trip to Atchlson , St. Joe ,
Leavenworth and Kansas City. lie says
Atchlbon la the greatest apple market In the |
country. _
Sweet as fresh cut clover Is the food
prepared with Dr. Price's Cream Baking
pONUler'
Hint 1I nl < ru | > t clothing S.tlo
Is now In full blast at 115 So. ICth , oppo
site the lloston store. Men's fine clny worsted
suits marked down to $1.50 , they are Jst black
and ore sold by some stores as high as $10 OO ,
Imnkriipt price is $4.50 ; socks , 2 pair for f > c ;
moil's dark colored kersey ulsters $2.75 , you
paid $8.00 for worse ones ; bankrupt prlc ?
$2.75 $ ; men's handkerchiefs , lu ; boys' strong |
suits , 75c ; overall jackets , ICc ; men's calf- i
skin shoes , 9Sc. shoe store prices on same Is |
$2.00 ; men's Jersey K'oves , only 19c ; lined i
duck , coats , } > 9c ; men's heavy wool punts , |
S9c ; men's strong every day bults for $2,4S ;
men's fine stiff fur hats , worth up to $3.00 ,
choice 39c : some of the shapes are not Dun-
lapa nor Miller's latest shapes , but the qitul-
Ity of Bomo of them Is almost as good ; heavy
wool eocks , Sc a. pair ; A 1 fur overcoat ; .
$7.C > 0 ; heavy underwear , 25c ; heavy melton
overshlits , 45c ; ftno line of COo neckwear , to
close ICc ; boys' all wool knee pants , small
sires and light weight. So a pair ; elegan1
milliters , I9o ; unllned buck driving
Klove-i , Me ; tine line of knit jackets at 45c ;
big line of 4-ln-hand ties , worth up to "Be.
choice 19c ; all wool extreme heavy underwear
c ; men's black cheviot suits , $3.OS ; dark
colored flannellotte working shirts , 2Gc :
strictly nil wool cheviot pants , only $1.65
genuine buckskin overshlrts , the heaviest
weight , only GOc ; fast black or tan ! hose ,
unly Cc ; odd vests , 6Sc ; men's elastic web
suspenders. Cc ; and 1,000 other articles , to
numerous to mention , at equally as lo.v
prices. Remember , this Is a bankrupt stock ,
bought at 4Jc on the dollar , which accounts
for above redlculous low prices. If you re
In need of a suit or overcoit , now Is your
chance , at tlio j
GLOBE CLOTHING CO. ,
115 So. IGth. op. lloston Store. '
1 ' *
i
Joyce , millinery. 1624 Douglas street.
Nil OIlIIDKO
In the running time of the Burlington's
"Vpstlbuled Flyer. "
Leave Omaha , 4:45 p. m.
Arrive Chicago , E Si ) a. m.
Between the hours of departure nnd ar-
val is nn Ideal experience In the luxury of ,
modern travel i
Tickets at 13i Tarnam street
Mercer Hotel IV. Slllo\ruy ,
Rates , reduced ] J2.QO to } 3.QO per day.
rmnrin / - r , YT 4 T \ TT V CTHTT < TTT > f A IT 1 < O
rmos.
Auction Snli ) of Pine Umlernrrnr Hntunlnf.
Over fifty cases of all wool underwear
bought by our eastern buyer at Now York
auction KO on * ale Saturday. Our prices will
bo found less than one-half what Iho tame
qualities are elsewhere.
Men's merino drawers worth GOc , RO at
19c. Men'a heavy cotton fleeced Jersey
ribbed shirts and drawers worth 7Dc. at
SDc.
1 lot of men's heavy fleeced underwear
worth 75c , only 4Sc.
Men's camel's hair shirts and drawers
worth 11.00 , only 50c.
3 cases of men's needed shirt * and drawers ,
each worth J1.7G , only 69c.
5 cases of line nJl wool underwear \\orth
Jl.GO at 7Gc.
2 cases of men's Australian wool shirts
and drawers worth 12.00 , at DSc.
10 eases of children's wool underwear Sc ,
lOc , 12ic ! up.
special bargains.
Saxony yarn , per skein , 4c.
Children's heavy wool mittens , per pair ,
lOc.
lOc.Ladles'
Ladles' fine double Saxony mittens , worth
GOc , 25c.
1 case of ladles' fast black corsets , worth
U.OO , BOc.
Men's hemstitched handkerchiefs , worth
15c , 5c.
1 lot of Ten's fancy and plain white hem
stitched handkerchiefs , worth 25c , 12l,4c.
'
Boys' suspenders , worth double , Gc and
lOc.
lOc.Fine
Fine English web suspenders worth 60e , KO
at 25c.
Job lot of umbrellas , worth $1.00 , go at
2Sc.
2Sc.Best
Best quality of men's linen cuds only
Men's fancy laundered shirts worth 75c ,
Men's overshlrts Just one-half price , 25c ,
30o and 50c.
SATURDAY BARGAINS.
We want to call attention to our new fall
line of fancy stamped and fancy tinted goods.
Positively the largest line In the city. Our
prices speak for themselves. 20-Inch stamped
center pieces , 7c ; 30-Inch , I2c ; 30-Inch tinted
table covers 2Dc ; GMnch tinted dresser scarfs ,
27c.
27c.An
An elegant line or children's stamped linen
blbs bargains at ICc , on Saturday DC each.
CHEAP BOOKS.
Never In the history of tne country have
late popular books been sold at the prices
we offer them. Think of It , a full line of
new 2ic ! paper covered books at 7c eich.
HAT AND CAP DEPARTMENT.
A word to those In nesd of hats and caps.
Wo have the largest stock and all of the leadIng -
Ing styles and the lowest prices.
Men's soft hats , BOc , 7Ec.
Men's fine fur soft hats , $1.00 , equal to any
$2.00.
Men's fine crushes In black , blue and bronn
40o , worth 75o.
Men's fine fur Fafloras , $1.25 and $1.50 , hat
ters' prices $2.00 and $2.50.
Men's fine fur derbys , OJc to $1.50 , half of
regular price.
The leading styles derby In Knox ani
Dunlap blocks , $2.00 and ? 2.CO , extra good
value for $3.00 and $3.50 ,
John B. Stetson No Name hat , $2.00 , price
less than one-half and each hat warranted.
HOYS' AND CHILDREN'S DEPAIITMENT
The largest line of caps snd turbans , 2Sc.
I3oysu fancy hats and caps , 40c.
Misses' and children's fancy caps , all o
the latest styles , 50c , others ask $1.00.
A great variety of all the latest novelties
at low prices.
onocEniES.
21 pounds of granulated sugar for $1.00
Quart cans tomatoes 7V4c. Sugar corn 6 %
can. Large palls Jelly 35c. 3 pound cans
plums 12'Xjc ; 3 pound can California peaches
12' c. Self rising pan cake flour 4 > Jc
Laundry soaps 3c bar. Castile soaps 32c. .
TEA AND COFFEE.
50 million sacks of coffee on the dock o
No w York , Baltimore , Philadelphia and
Boston that must be sold. Never was sucl
n Block of coffee -in this country before
This accounts for the extremely low prices
Good Rio coffee 5c pound > Oriental Java an.
Santos 7J,4c pound. Mocha and Java Sc
pound. Moracarbo coTCoa lOc. African Java
12' c. Santos nnd Peaberry coffee 15c
Martlnque and Java 17i4c pound. Good tea
Sc pound. Japan tea 17c"pound. . ' Young
Hysoa tea 12J , c. Jloyune tea ICc pound
Ping Suey tea ICc. Ceylon tea 23c.
MEAT SALE.
Sugar cured No. 1 hams only 12c , sugar
cured California bams qnlySc , sugar cured
Boston long cut hams only 8c , sugar cured
bacon lOHc , 12V6c ; salt , pork 7c , bologna ,
head cheese and liver sausage only Cc.
Finest pickled tongue lOc per pound , corned
beef Sc.
BUTTER.
Fresh country butter ll c , ] 2 ! c , 14c and
ICc ; creamery ISc , 20o , and as fine u butter
as you ever eat In your Hfo for 22c and 24c.
Remember , we make a specialty of having
K
the best Jjutter always In stock.
HAYDEN BROS. ,
MarrlnKo Licensor.
The following marriage licenses were Is
sued yesterday :
Name and Address. .
Thomas E. Cluck , Florence , Neb 2G
Edna M. Elliott , Florence , Neb 22
Vrltz Ilnnsen , Omaha
so
Doratra. Gvnienhorst , Omaha 22
The faint , sweet odor"of apple blossoms
Is not more delicate than pastry Into which
Dr. Price's Baking powder enters ,
IMnttM f'f.lt.l Mtf. ttn.v W
The Commercial club has sent out100
Invitations to business men and manufac
turers calling a meeting at the club
rooms at 8 o'clock this evening for the
purpose of planning a. campaign tavorable
to the $1,000,000 to beoled for the building
of the Platte canal. Business men generally
are expected to be present and express their
views on the subject.
I nlll sell Saturday. October 13 , at 1
o'clock p. in. , three carloads of the best
western horses ever shown In Omaha. Bred
from C eland Boy and Clydesdale stal
lions , fat , shapely , fine-looking horses , , from '
1,000 to 1,500 pounds , A. B. Clark , horse
commission dealer. Union Stock yards , South
Omaha.
\Velilner-H
Miss Stella Hughes , who has been stenog
rapher for Cowin & Mcllugh for some time ,
and Adam Weldner , rnnnasler for the street
allway company , were married at the rcsl-
lenco of the brtcle'snbrothcr , 2211 Seward
( reel , Wednesday evtnlng. Only therclo -
Ives of the happy coifplot were present , end
mmcdlatety after tho'xeremony Mr. nnd
tfrs.Veldner \ repairedto their new home
on Seward street neart Twenty-second.
SUING FOB JiAFORTUNE.
Mr * . Llnton lr tni-imn < Intnrnntlonal En-
taticlrnirnt In tlioiUlntrlct C'ourt.
Phoebe R. II. B. Llnton of London , nngA1
and , yesterday bcgvn rsult In the district
court , asking Judgement for $300,000 against
John \\'liltinker Cooper ot the firm of Brown ,
Jansen & Co. , bankers , making William
sane Shard a co-defcndent. Conspiracy 1s
charged ' nnd injury to personal feeling
's to bo soothed by the sum.
Mrs. Llnton l the wife of Colonel Llnton ,
n distinguished officer of the British army ,
nml daughter of Colonel Flmllay , nn Ohio
capitalist. Brown. Jansen & Co. of London ,
were hankers for Colonel Llnton , nnd after
ho consolidation of his wife's , future
with tlio Colonel's , much of the
Flndlay business was transacted
by the firm. For a further cause
of action the plaintiff avers that
not many months ago she- deposited with the
London bankers a mortgage upon certain
lands and tats In Douglas county , the same
being left her for safekeeping. This paper
the plaintiff alleges showed upon Its face that
It was for a consideration of 1.10,000 ,
though she had never received any
consideration for the same. In the
course ot events Mrs , Llnton
alleges that accidentally the mortgage' ' and
UK notes which went with It fell Into the
hands of the defendants , and that secretly
and without her knowledges or consent they
placed It on record In this county. Later
on , she allege , they commenced fore
closure proceedings and that she set up the
claim of no consideration ana fraud , bring
ing n suit which Is still pending In court.
The plaintiff uvcrs that by reason ot the
mortgage having been placed upon record and
by reason of the foreclosure proceedings which
have been Instituted her reputation has been
seriously Impaired. In addition to asking
for the Judgm nt she. prays that the
mortgage may bo canceled nnd declared void ,
on the ground that It was secured by fraud ,
connivance and deceit.
TryltiK to Open nn Olil I'luo.
The lawyers In the case are trying to
book the affalis ot the defunct Nebraska
Fire Insurance company for another round
In the courts of this county , and with this
end In vlrw the stockholder. ! have filed a
motion for a new trial.
Something lIKe three years ago the com
pany went to the wall , and soon thereafter
A.PU U. Wyman was appointed receiver for the
purpose of closing up the business nnd pro-
tertlne the Interests of the parties con
cerned. During the month ot June , as re
ceiver , Mr. Wyman sued L. B. Williams and
numerous stockholders for the sum of $41,050 , ,
alleged to be due on notes which were put
up as assets. The case remained on the
dockets until last Monday , when Judgment
for $37,432.88 v.as entered and execution or
dered. Yesterday the defendants fllei
a motion for a new trial , alleging errors In
the trial , newly discovered evidence anf
various other thing * .
Wall Htllln Mnney.
W. W. Graham , a CHIcago railroad contractor -
tractor , U ed a suit ! n < the United Statea
circuit court yesterday for $9,981.80
against the Yankton , Norfolk & Southwcstsrn
railway , the Tralllc Construction company
Atlantic Trust company , David and lienry
Owen and John Natghton for work done
for these defendants , . Graham bad a contract
with these railway companies to construct
the bridges and culverts along the line of the
road from Yankton , S. D. , to Norfolk , Neb
for $10,813.BO. He performed the work ac
cording to contract and received part of the
pay. He now sues for the remainder of the.
amount due him. Notices were served on thti
defendants today by ) the. United States mar
shal.
The garbage suit 6f Henry j Coombs ant
others "against Alexander MacDonald am
others Is In the courts once ngaJn , the
plaintiffs asking for a new trial , they having
been defeated nt the former hearing.
In the sult > ibrought by Charles II. Linn
against the Lobsck & Linn Hardware com
pany W. N , Nasoa , the receiver , has fllec
Ms report , showing the assets to be $18,247
with liabilities of $13,541.23 , aside from an
expense of 5637.79 which has been Incurrec
In carrying on the business. As receiver Mr
Nason asks to be allowed to sell the stock
at auction or private sale.
Light ns eeafoam Is cake made ulth Dr
Price's Baking Ponder.
LOCAL
Fire In a tin of coal at Hald & Rice's coa
yard , Twentieth end Poppleton btreets , called
out the fire department yesterday. Then
was no loss.
An adjourned meeting of "tho American
Ilomeseekers" will be held at Washington
hall , Saturday , October 13 , at 7 p. m. fo
permanent organisation , and lo transact sue !
other business as may regularly come before
the meeting.
Samuel Katz has put a force of men a
work on the extension of the Hurt stree
main sewer and It Is expected that the sewe ; of
will be completed this year , It Is estlmatei Is
that the contract will require nboiit tw
months under ordinary circumstances an
this will allow the greater part of the \\or
to be done before * winter weather sets In.
The new kindergarten at the Long schoo
which was opened this week has registered
fair attendance end It Is expected that th
number of pupils w4II eventually e.\ceed Hi
capacity of ths schoal. Tlie superlntcnden
has decided to limit the attendance to fort ;
pupils , as some of the other kindergarten
are so overcrowded that the work Is uccom
pllshed at considerable Inconvenience
MAKBIED.
HROVtJN UJKOKU William C nml Miss l. i.
% Te mairl * l Tliursd.ij' e\t nliiK. Oolob r 1 , u
the home if the bilde's parents on No't
Tvntyll. . Rl B re t , by Hi. C.i.ules w. l
Wee.
U. S. Gov't
BaSdng Powder
( ( > Tests.
;
'
( The report of the analyses of Baking Powders , made
j
; by the U. S. Government ( Chemical Division ; Ag'l
( I Dep't ) , shows the Royal superior to all other powders ,
. and givesitsleavenitigstreiiglhandthestrcngthof each
of the other-cream of tartar powders tested aslfollowa :
LEAVCNINO OAg.
Per cant. Cubia In , per 01.
ROYAL , Absolutely Pure , 13.06 | 60.6
12.58 151.1
The OTHER POWDERS II.13 U3.6
, TESTED are reported to con 10.36 123.3
' tain both lime and sulphuric 9-53 IM.
i ncid , and to lie of the follow 9.29 1M.6
ing strengths respectively , 8.03 96.5
7.28 87" !
These tests , made in the Gov't I.Moratory , by impartial
and unprejudiced official chemists , furnish the highest
evidence that the " Royal" U the best baking powder.
.
h.
nOVAL DAKINQ POWOEn CO. , 106 WALL ST. , NEW-YORK.
i
Tliis is the Great Trouble with
Many Women ,
AND THE CAUSE OF TROUBLE
A rroiulnuut rrofomior Olvoi Some Timely
Hints Ulilrli Are Amply t'uii-
llrinixl liy
"Women do not realize tlio cause of their
troubles. " The president of n medical
collcse who uttered these words looked very
soli-mn ; was very sad. Ho had Just seen n
hopeless case of a charming woman who
was near to death.
"In nlno cases out of ten , " ho continued ,
"
"tho causes of women's troubles are the
same , and yet It Is seldom realized by tlutr
friends , themselves or tholr physicians.
Thousands of women are In the first stages
of Drlght's disease of the kidneys. The
symptoms are shovui by headach a , de
pressed feelings , weaknesses , bearing down
sensations nnd In many other ways which
women fully understand , but unfortunately
do not realize. Now , these things are not
uncommon or necessarily dangerous , but un
fortunately they are too often allotted to run
along , There are certain times when they
are worse , of course , ami should bo then
most carefully guarded. LOUR life. tiMlth.
happiness and all that It Implies will result
if proper care and the right means are used.
Sickness , disease , unhappiness and
prcnia-
turn death are certain to come If they are
neglected. I know of but one thing to do
In tuch cases , and that Is to guard against
the llrst approaches of Ilrlght's disease-
guard against It as you would a plague.
Use the only known remedy for this great
modern trouble , which Is Warner's Safe
Cure. I say the only known remedy , be
cause It has been proven by yea.-s of test
and experience to be the only remedy.
Woiiun have found It to l > c a 'friend In need'
on which they can rely when In trouble ,
and It has never failed , I know nothing
about It except from the effects. I have scan
It produce , but I do know that It is pure ,
palatable , powerful , and that It does what
nothlns elsci can do. "
Mrs. E. V. Whltcomb of Kenoshn , Wis
consin , says :
"Four jears ago I wus a very sick woman.
The doctor called the dimculty Drlght's
disease of the kidneys , and said there was
no help for me. At about that time Warner's
Safe Cure came to my notice. I r solved to
try It ' , and wiis much surprised after one
week's trial to flnd myself Improving. I
used a bottle every week for about three
months , living up strictly to the directions
for diet glvvn on bottle , and I have not been
sick a day since. I take a bottle now and
then to keep my blood In good order. In
my Judgment , 1 owe my life to this wonder
ful medicine , the best that was ever dis
"
covered ,
Mrs. Whltcomb's exp rlenco Is only one ot
many thousands that could be cited. Do you
not think the above truths are worthy your
careful consideration ?
'Fitls stu-
ordinary .Ro- Constipation.
jnveuator Is DJtzlnets ,
Iho most Falling Sen-
wnndorful satloiiH.Nerv-
discovery of out twitching
[ ho a.re. It of mo eyes
has bcon en- nnd other
iloracdbythe pa is.
Jcndlugtcieii- Strencthcns ,
tltto men of JnvlKorattH
Europe auJ aim tones the
America ,
Hudjan ia Hud/an cures
purely rngo- Mobility ,
tab 10. Kervousness ,
Hudyan stopa jMnlnsioiis ,
PrematL'ier.ess '
of the dis and restores
charge In 20 weak organs.
days. Cures Palm In ( ho
LOST bad , losses
by day or
MANHOOD uighUtopped
Quickly. ' o\er 2,000 private Inaorscments.
1'rtmatuiencia . means linpoteucy la the flrn
Huge. It U a irniptuui or seminal wrakneiu ami
Imiminess. it can be cured In 20 daya by th
use ot Hudjim
The new dlicoicrs' wns mail * by the specialist !
the old famous Hudson Medical Institute. It
the ttionctit vltnllzcr made. It 19
very power
ful , tut liaimleu. HeU for SI.00 a tacknc * . or
tlx pnckaneo for J5 CO ( plain sealed boxes ) ,
written Kiiarnntee given for n cure. If you buy
fix boxes , nnd ure not entlr ly cured , six more
nlll be dent to you free of all charge. Send for
circulars ami teitlmnn'nK Addrfss
HUDSON WIEDIC.XV INSTITUTE
Junction Stockton Market , and Ellin
Streets , San FranciscoCal.
Bfono-Celerg.
Pnlondl.l cnrMhecRent for Nortonn or Sick
Ilridache , Uroln Eiliuuitlon , Hleei > lfM > ne ,
.ipettul or general Nouraliclai nlwjior Ilheu-
l.mtlira , Qoul.Ktduejr IJlioidera , Acid Dj -
l U , Ana-mil. Antldotu for Alcoholic
ud other eicetvea. I'rlcu , 1'i , Si aud 60 ceuta.
THE ARNOLD CHEMICAL CO.
1 61 S. Western Arcnua. CHICAGO.
For sale hr all druzggliu , Omaha.
Was $7.OO
Now $3.OO.
the
at
/jan's /
Cffij-W
Shiverick's October Sale.
la
cltn
then
com
wlie
OnHI
HI
HIWl
Wl
"I * ;
et s
ver *
will I
Ittd
adju
CJUtl
Shiveriok's October Sale.
Small Purchases ,
Receive the Bamo care and attention with us as
largo. You can safely send a child for any artl-
clo in our line , and depend on getting exactly
what you ask for. You will find nowhere else
such a complete store. Now things coming in all
the time , too.Vo have just received a STUN
NING line of FineLampa. Wo like to show goods
RAYMOND , Jowclor and Silversmith , Cor. 15th and Doug-las *
Wo are truly a conservative concern , with a burning passion to
regulate unjust burflncss methods. Iti doingIt wo poke our nose la
our own business , and study our lessons carefully until we fool com
petent to ( each others. Success is attainable by btudylng1 the wants
of your own business.
AVe studied the shoo question for almost a docado. Now wo'ro '
furnishing u , lesson how a shoo can bo had that will gJvo nil good
service for less than a chcnp-for-ono-day-flxoil-uii-khid
- - - - and back It up
by giving you a new pailIreo if any of our shoes , ( no matter what
grade ) prove deflective , clo not wear reasonable well , or wear out too
soon.
t
This year wo studied how to elevate quality and lower prices.
We got there- Your shoes will cost you a good bit less hereafter-
Dollar-iind-FiEtccn-Cents for a good working shoe , equal to any
$2.00 shoo made. Uollar-and-Sixty-Fivc , is ns much as you might
expect for-$2.50. Tvv. ) Dollars fora calf shoo , which by-tho-way
is our new departure from our former $2.25 value , wuh a perfect
guarantee those to bo equal and better to any $3.00 shoe in unyonos
shop. Two Fifty , is our rcglar standby. We've challenged the
world to produce their equal. American Calf ours are in every
shoe with a Goodyear welt and double back stays. Every last too , I > J
sliupo and style in vogue , and 31.00 Is their honest worth. Three
Dollars invested hero for a pair , means a fine S5.00 pair of shoos , as
rood and pretty as any exclusive or nonexclusive dealers can furnish
without any guarantee. You don't risk Uy buying shoes hero but
you dD so by buying elsewhere.
Milwaukee Grain shoos. Wo carry thorn in quite an extensive
selection with bix tooj or without , .suitable for any work subjected
to dampness , a grain shoo is rceamniomlod , because they're a heap w
moro durable and keep your feet dry. Our prices begin at One
Dollura pair.
O'.ir fall catalouges will toll all about men's wear. Wish one ?
T had 12.0OO Bt His Meeting ,
But LOG-AKT has many thousands more who have heard about the wondorfuj
rcsultB in the use of Logan's Sarcunarilla anil Celery Compound.
It Is not lust year's bird's nest. It is "up to date. " Those who have used Jl
cheerfully bear testimony to the fuc-t that it Is the best blood and nerve romctfo ol
market. It is the only remedy that purifies the blood nnd acts upon the noTv
one and the sumo time. You are trilling' with your health if you don't try t/1
' Sarsajmrllla and Celery. Sold by drutfgUtB.
LOGAN SARSAPARILLA AND CELERY CO. ,
O MA.I-IA , NEB.
toarch JUt , ISJl
Io & Tenfold Co-I m * ery much pleaica
commend W. U Seymour'i ability n ; n i > pl | .
n. havlnc Iwen atlsf ctorlly fitted with claw ,
for I aiilgmatlim and derived cleat benefit
refrom In my prafeMlon.il work. I would rec-
timrno i all of Ilia arllitlo profmflon la d < i llke-
IB. Very truly. J. l.AUUIB WAULACB.
maha Academy of Pine Art * .
IE ADA an : CAI/BKD uy IJYB STRAIN ,
DON'T rniFLu wmi voun EYES.
liny iiermnt whose hcuilj art constantly uch.
ha\a no Idea what relief iclenililcully titled
SMI will Give them. Ihli tlirury l now unl-
sally Fitab | ! > htd. "Improperly IUUJ iln c >
Invariably lncr a > a Iho Iroubla nnil may
to TOTAL IIUNDNKSH" our ability tu
lut el" * " "fflr > nd correcily l bcjonj
tjtlop. Contult us. Eftf titled frea of chargi.
HE ALOE & PEN FOLD CO. ,
Op poll t 1'aitoa Hotel.
LOOK TOR J1IQ GOLD UON.
Prepared from tlio original formula
-ervvdln lha Arcblreiot inc I July Land , L pro
'
nt'au authentic lilitory dating ImcUcooyear $
A POSITIVE CURB
for all Stomach , Kidney end Bowel
troubles , especially
CHRONIC CONSTIPATION
Price 50 cento. Bold by all druggist *
The Franciscan Remedy Co.
Ill VAH BURBH ST. , CHICAGO , UX ,
tzlfor Circular * n4 Ula trate4 Ciltad * *
