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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Oct. 14, 1894)
THIS OMAIIA JDATJ7ST BEE : SUNDAY , OCTOBER 1-1 , 180 < i. MASTER CORNISH'S ' REPORT Condition of the Union Pacific's Non-Paying Branches Bet Torth. HOW SOME CF THEM MAY BE HELPED Recommendation tlmt Ilia Operation of Ccrluln Uiicm lie Olsnmltiiitod and that SMrnil ( . 'milrnct * Ha Heiiounced I'nll Mntcmrnt ol riinincci. Two reports of the utmost Importance to the Interests of the Union Pacific system ware filed yesterday by Special Master In Chancery William D. Cornish In the office of the circuit court for the district of Ne braska , covering findings and recommenda tion ) ) In the matter ol nan-paying roads of the Union Pacific system and the report ot the special master upon the petition ot the re ceivers nsklug tu be relieved ot the obliga tions umler certain contracts. Judge Cornish has had _ n mass ol testi mony and countless exhibits to read and digest In his office of special master , ap pointed by Judges Caldvtoll and Sanborn. to act as the Intermediary for tnc court. According to his instructions hearings upon the matter of non-paying roads were held In Omaha and New Vork , beginning August 15 and continuing at variously adjourned dates at the places mentioned until a few days ago , when he finished taking testimony In the Grand Island cases. Upon the questions arising out of the petition of the receivers with reference to the Denver , Lcadvllla & Gannlson railway line the master reserves a report for further hearing. Upon other matters referred to him Judge Cornish re ports. As to the Carbon Cut-Olf Railway com pany , which has been operated by the re cclver * In connection with other properties embraced In the receivership , the master states that ho has taken an account ot the results ot the operations ot the road from October 13 , 1803 , to Juy , 31. 1894 , ami finds that fur such periods the gross earnings therefrom amounted to $23,404.66 , and that the operating expenses anil taxes amounted to $23,108.18 , , a net surplus ot J386.4S. That during said period the property was oper aled at a loss In October , 1&93 , March , April , May and July , 1891 , and -was operated at a profit during the months o ( November and December , 1803 , January , February and June , 1694. II further finds that by reason ol the physical condition of the property and the r * neceieity of making cxtcnnlve repairs and betterments the further operation of the property upon the present basU of divisions of revenues will result In n llnal balance cf loss. loss.He He further finds that should the operation of said property by said receivers result In a deficiency of earnings over operating ex penscs and taxes the same will constitute a Just and proper charge upon the property ot the Union Pacific Hallway company , and should be berne and paid by said receivers out of the revenues derived by them from the operation ol the property of said las named company , and that the same should bo charged against said property and revenues In a manner later stated. FAVORS CONTINUED OPERATION. Ho further finds that In the division o earnings upon the business Interchanged between tweon said Carbon Cut-Off railway llms and the other railway lines opcrat.d by said te celvens that said Carbon Cut-Off railway ha I been allowed u company rate upon all frelgh IF belonging to or handled for said other rail way lines of % cent per ton per mile , am F In view of the condition of said propsrty In X recommends such allowance on company freight bo so modified that Bald company be Xra allowed and receive upon all such company freight % cent per ton per mile. Ho rccom ra mends that HID receivers be allowed to con tlnuo the operation of said railway In con ncctlon with the other parts of the system. As to the Brighton & liouldcr branch hi finds : Tlmt since the tlmo when the Unloi Pacific , Denver & Gulf -company's proport ; was delivered over to Frank Trumbull receiver , Decumber IB , 1893 , It ha been operated by the receivers of th Union Pacific In connection with other com panics. In an accounting which ho ha : made between October 13 , 1893 , and July 31 , 1894 Inclusive , the gross earnings the property were $28,834.73 , the operatic expenses and taxes amounting to $3-1.571.02 , net loss of $5.GSG.70. That during the perlot named the property was operated at a losi during each month except the months o October and November , 1893 , and January 1894. In his recommendation he asks tha the Brighton & Boulder branch be allowe a constructive mileage ol one and one-fourt miles for each mile hauled on Its lines against straight mileage upon all other line and tlmt the receivers should require t ! same allowance In behalf of the Brighton Uouldor branch as against the Union Paclfl. Benver & Guif , and Its receiver In buslnes interchanged with the lines of said com pan ; Ho recommends that the- receivers be a lowed to continue the operation of the prop erty. erty.As As to the Junction City & Fort Kearne jallway company , he finds that from Octobe 13 , 1893 , to July 31 , 1894 , the gross earnings of said property amounted to $93,281.81 ; the operating expensed and taxes paid amounting to $137,377.23 , a not loss of $42.025.42 , which has been berne and paid by the receivers of the Union Pacific system. That during said period the property was operated at a loss in each month except the months of Decem ber , 1893 , January , February and March , 1894. Ho finds that modifications may Justly T B made in thb division of tlio revenues derived from the Interchanged business as "between tho. Junction City & Fort Kearney rallwav and other lines embraced In the re ceivership , and recommends that thn account of the operations be modlllcd by Increasing the allowance to the Junction City & Fort Kearney railway lines on commercial freight earnings on tralllo from the Kansas division main line , Kansas City to Junction City as follows : From Junction . City to Wakeflpld. ' Increase the present percentage of 40 per cent to 48 per cent ; Broughton to Lawrcnce- "burg. from 62 per cent to CO per cent : for stations north of Lawrenceburjj from C5 per cent to 73 per cent , and that all other por- ccntaces remain unchanged. HB recom mends the continued operation of the road alone the lines laid down. REPUBLICAN VALLEY LINE. In regard to the Omaha & Republican Valley , ho finds : That between October 13 1893 , and July 31 , 1S94. the gross earnings vrcro $825,073.74 , the operating expenses and taxes amounting to $900,190. CG , a net deficit of $75,116.92. In order that the receivers may continue the operation of the road he recommends that tha percentage ot Joint earning allowed to the Omaha & Republican Valley railway between points on the main division of the Union Pacific cast of Valley and points west ot Valparaiso and south of Lincoln be increased from 73 per cent to 80 per cent , and that the road bo allowed for hauling empty cars over its lines on ac count of other lines in the system where the Omaha & Republican Valley lines re ceive no freight , on account of which and to secure which the cars are sent , S cents per car per mile for freight cars and 10 centa for passenger cars and for engines moving from one division to another a trackage charge of 25 cents per mile. That in such cases the customary mileage charged upon empty cars bo waived by the other lines , on account of which the cars are The Sallna. A Southwestern Railway com. pany earned from October IS , 1893 , to July 31 , 1E94 , $41,017.01 , the operating expenses and taxes amounting- $ ! > 2G21.04 , a net deficit of $11,604.03. He- thinks that modi fications can bo made In the division ol revenues that will permit the continuance of the operation of tha road by the re ceive rs by an increase , of the percentage ofT joint earnings from freight trafilc Inter changed with the Kansas division ol The Union Pacific , east of Sallna , of 7 per cent making the percentage 47 per cent Instead it.of 40 per cent. In relation to the Denver , Leadvllle fi Qunnlson a stipulation has. been made with tha counsel for the receivers far an adjourn ment ot the hearing until such tlmo as can be fixed by the master. As to the Kansaii Central Hallway company , lis finds that during the period mentioned the gross earnings were $120,005,00 , the oper ating expenses and taxes being $159,432.30 , a deficit ot $32,700.24. That the property hai been operated at a loss during the monthi of November , December , 1893. May , June lad July , 1891 , and at . profit for the months -J- - - ? October , 1893 , January. February , Mntrh ami April , 1891. He finds that th re am no modifications or adjustments of freight or paiOR r rate * allowed to raid line that can be > made which would mttfrinll ? increase Its revenues. Aa to the phrMcal condition ot thn road , he says the surface , r ad bed ditches and ties are In good condition , that the rails from Lcavomrorth lo tha seventy-thin ! rnlla poit are In great part second hand rlcel , being In fair condition ; that the rail , other than steel rail , \\lthln said limits Is Iron , fifty or fifty-tight poundt to > the raid , In fair condition , and that with ordinary re pair It will continue reasonably sale for thrcu or tour years ; that the rail on the line from the seventy-third mile pott to Garrison Cross ing , a distance ot forty-four ml left , with the exception of about three miles , which Is steel rail , fifty-six pounds to the yard , and In fair condition , Is thirty-flve-pound Iron rail , very tough and In good condition , and with a small amount of repairs can be kept reasonably safe for a year or two. There are two wooden truss bridges upon this line , ono over .the Illue river and ono over the Repub lican river , In good condition , the bridges being supported by temporary braces , which must be renewed not later than the summer of 1895 , and that they can be replaced with new Iran bridges nt a cost cf about 115,000 e-ach , Tha country through which the road passes and from which it derives Its business Is between Soldier and Garrison crossing ; sparsely settled , that the crop along the Una during the season ot 1893 was substanti ally lost through drouth and that for 1SD4 the crop along the entire line lias been very light for the same reason and that the prospect ol n paying business for the Immedi ate future Is not promising. He recommends that the receivers be allowed to operate the road so long as In their Judgment they can operate the same safely and with benefit to the property and that they be allowed to make such repairs and betterments as wilt keep the same in safe condition , and that they be allowed to advance and charge out of the moneys of the Union Pacific such sums as iriay be necessary to meet the de ficits arising out ol Its operation. MODIFICATIONS SUGGESTED. In relation to the Kansas City & Omaha Railway company he finds that between the gross earnings , the operating expenses and taxes there Is n net deficit of $40,851.40 , and that for nearly all the months the property has been operated at a loss. In order to con tinue the operation of the road he recom mends that a proper charge be made upon the St. Joseph & Grand Island Railroad com pany , the Omaha & Republican Valley Rail road company and the Union Pacific Railway company , severally , in the following proper tlons : Sixty-eight per cent on the St. Joseph & Grand Island , H per cent on the Omaha A Republican Valley , 18 p r cent upon the Union Pacific. He recommends that the re ceivers be allowed to make such modifications in the division of revenues and ol the routIng - Ing ot business as In their judgment shall be just and equitable. As to the Atckison , Colorado & Pacific and the Atchlson , Jewell County & Western , ho reviews the mode by which these properties came Into tte hands of the Unioi Pacific citlni that In 1879 , for a period of twenty-fit o years the Central Branch leased these lines at a yearly rental ot $1,000 per mile , and that on September 30 , 1SS5 , the Central Branch subleased to the Missouri Pacific for the term of twenty-five years- . Said lease Is still In existence , and all questions arising between the receivers and the Union Pacific and the Missouri Pacific under eald lease or upon any accounting thereof are reserved for further consideration. In conclusion the master says that all de fictts reported upon and which are found to bo a proper charge upon the Union PaclfU' and the revenues derived from the operatloi ; of the lines mentioned bo charged by Bali receivers upon said property as part of th expenses , and that the aggregate of th saino be apportioned and charged as follows The main line extending from Council Bluffs la. , to five miles west of Ogden , Utah , 1,043.01 miles ; the Kansas division , extend Ing from Kansas City to Denver , G43.5L mllea ; the Lcavenworth branch , extending from Leavenworth to Lawrence , Kan , , 31.93 1 miles , and the Cheyenne division , extending from Cheyenne to Denver , 104,10 miles. Ho states that the burden for operating these non-paying roads has been placed upon the wholn line of the Unon Pacific Railway company , for the reason that it is one cntlrf property , and that it has been distributee 1 unon the several divisions of the said Hm a upon the basis ol mlleagj , for the- reason tha t such divisions nro subject to separat 9 mortgage liens , some of which nro now beln , ; foreclosed upon , and because from the 1m' possibility of tracing with any exactness thi benefits to the several divisions from Inter changed business. AS TO OOXTK.VOrS. Tha Special Master * * npcoiiimcmlittlona 01 Obllirnllnin nf tlio Union 1'nclflc. In relation to the petition of the re ceivcrs of the Union Pacific asking to b relieved of tha obligations under certain con tracts. Judge Ccrnlsh finds that there ares between the receivers and the Northern Pa clflc Hallway company some controversies and that the issues involve the rights an relations of the several parties In the entire properly of the Montana Union Railway ocmpany. On these he asks that an order be made , allowing a continuance for further hearing. Continuing thla report , the special master sett out that since tha filing of the petition the property of the Oregon Railway and Navigation company has passed from the control of the receivers and into the control of E. McNelll , as receiver. In a suit instituted to foreclose a mortgage. In this case the special master recommends an adjournment bo made and a further hearing ba granted. j He finds that on Mny 18 , 18S9 , the Chicago , St. Paul. Minneapolis & Omaha Railway company entorpd into an agreement with the Republican Valley Railway company to operate trains over the line from Norfolk to Covlngton at a rental ot 3 per cent per ant'um on 51,067,700 and one-half of all taxes ; levied , to be determined on a wheelage basis. He finds that the Omaha & St. Paul road : was lo furnish terminal 'facilities at Sioux ; City for the Omaha Republican Valley road. This contract was to run for twenty- flvo years , from October 18 , 1889 , In sum- mlng up on this feature of the case the special master recommends that RU order bo innild that the contracts bo not binding and that the receivers bo not required to perform the conditions of the same , and that they be relieved from all obligations of the Omaha & Republlran Valley Railway com , pany thereunder. Upon the questions of rentals payable by the Oregon Short Line Railway company and Its successor , the Oregon Short Line & Utah Nprthern Railway company , the special master finds that these amounts are due : 1887 , $2,256.010.31 ; 1888 , $2,632,389.99 ; 1889 , $2,319.773.97 ; 1890 , $2.697,528.57 ; 1891 , $2.- 852.994.89 ; 1S92 , $2,880,300,63. and during 1893. had the contracts been observed throughout the year , would have been $2,856,270. Dur ing each year the Income demand by the Oregon Short Line and Its successors has been less than the rental. He finds that the , receivers have not ratified the contracts and that they have declined to renew them. As a conclusion , Mr. Cornish finds that the re ceivers are not bound by the contracts and obligations contained In the contracts , and are not required to keep the same. CONTRACTS WITH IOWA ROADS. As to the controversy with the Rock Island road , ho recommends a continuance of the hearing. With reference to the contracts with the Chicago , Milwaukee & St. Paul road , the report shows that while the contract between the receivers and the company lias not been adopted , they have transacted business with that company , tubs tan tla'.ly In accordance with the terms of the agreement. In thli case It Is recommended that the petition bo dismissed , and that In the dismissal U be made to appear that the receivers have never affirmatively ratified or adopted the contract as their contract. Concerning the Union Pacific , Denver & Quit. Mr. Cornish finds the facts to be that on March 14 , 1890 , there was a contract between that road and the Union Pacific , but the receivers have never affirmatively rati fied or adopted thla contract as their con. tract. He finds that salil contract U not an agreement so far executory In Us char- 4t4ros thati the receivers cannot refuse to iwrform the same on behalf of the property ol the Union Pacific Railway company , affected by said contract. In this he asks that the petition be dismissed without prejudice tc the receivers. Regarding the matters between the Kear ney & Black Hills Railway company and the Union Pacific , the master finds thai iata thera Is an agreement which la in effect i traffic guaranty on the part of th Unlor Pacific and Imposes a burden upon tin Union Pidfio to par ortr , monthly , to tin Kearney & lllarlc Hills road 25 p r cent ot ; III iharo cf the groit receipts derived from bnslnrss Interchanged between the lines of sold icails In exchange for stock In said Kearney & Black Hill ! Railway company. Thla line In C5.C7 miles Iti length , subject 10 A iTrrtpr.if of $862,000. The ( lock la without market vnhie. The gross receipts of ( hit line from October 13 , 1S93 , to July 31 , 1&94 , Inclusive , Amounted to $50.269.47 , 25 per cent of which would be $12f > G7.3G. In this caif It Is held that the receivers , ns receivers ot the Union Pacific , have not adopted the contract as their contract , and that the Union Pacific company ought not lo bo compelled to perform the conditions and obligation * of tlio contract , and that the contract ought not to be enforced against Iho receivers. Hence It Is recommended that an order bo made that the recovers be not required to perform the conditions of the contract , and that they bo authorized to operate ( his property without regard to the conditions of the contract. U Is found that In the operation ot the several properties by the receivers , tha al lowance and division of earnings as made arc fair and equitable as between the Oregon Short Line and Utah Northern Railway COMpany - pany and the Union Pacific , H Is aUo found that the revenues derived from the Short Line from all sources are Insufficient to pay the charges specified In the contracts , the total revenue from October 13 , 1893 to July 31 , 1801 being $3,8S2,5W > .02. while the ex penses were $5,241,302.09. It Is recommended tint an order be made whereby it shall he determined that the recelvrrs have not rati fied the contracts , or either of them ; that thev renounce the same , and that they are not bound to perform the contracts and ob ligations. Since the filing ol the petition , the mas ter finds that the property of the Oregon Railway and Navigation company has passed Irom the possession and control of the Oregon Short Line and the receivers , and Is now In the custody and control of n re ceiver appointed In an rctlon instituted In the circuit court ot the Vnlted States for the foreclosure of the mortgage ; that the Oregon Short Line and Utah Northern and Its re ceivers do not control or operate any line ot railway at any point nearer to the proposed Portland R. Puget Sound railway than Hunt- tngton ; that the receivers' demands are In adequate to meet operating expenses , taxes and Interest. U is recommended that tlir contract bo declared to be not binding- upon the receivers , as receivers ot the Oregon Short Line and Utah Northern and the Union Pacific companies , and that they ba author ized to protect the rights of the said rail * way companies In the property already ac quired. quired.SETTLED SETTLED BY JUDGE ! SANBOUN , Tailing up the feature of the case wherein Frank Trumbull , as receiver of the Unlcn Pacific. Denver & Gulf , Intervened , It Is found that by the decision of Hon. Walter H. Sanborn , circuit judge , handed down March 30 , 1894 , It Is recommended that the receivers bo declared to have renounced the contract and that they are- not bound thereby. In the -operation of the property of the St. Joe & Grand Island railway by the receivers the master finds that from October 13 , 1893 , to July 31. 1S94. Inclusive , the earnings were $69G,709.53 , and that the expenses were $563.- .110.97. and that the accrued Interest amounted to $336,000 $ , and that the earnings were In sufficient to pay such expenses , including taxes and interest. It ( a recommended that the receivers renounce the contract to operate this line , as they are not bound to keep the conditions ot the same , it never having been adopted and ratified by them. Upon the subject of the operation of the Kansas City & Omaha road the findings are that from October 13 , 1893 , to July 31 , 1894 Inclusive , the earnings and Income amounted to $96,597.10 , while the expenses were 4137 , 248.50 , of which amount $34,946.94 was for taxes paid ; that the Interest due amounts to $119.371.40. In view of this condition o affairs It Is recommended that an order be entered whereby U shall be determined tha the receivers have not ratified the contrac and that they renounce the same. Handling the subject of the Union Pacific , Lincoln & Colorado branch , it Is shown tha for 1S93 the Union Pacific had to pay $30,000 out ol Its own earnings to meet a guaranty obligation ; that the gross receipts have been Insufficient to meet guaranty charges , ami that the revenues are Inadequate to mcc operating expenses , taxes and charges su pcrior to tha contract ; that the performance of the contract would be oppressive , and tha no compensation to the property of the Union Pacific would result therefrom ; that the re- cclvers have not adopted or ratified the con tract. Tha recommendation Is to the effec that If the receivers operate the line they should do to without regard to the terms o' the contract , With reference to the contract with Peave ; Bros. , grain dealers of Minneapolis , by which the St. Joe & Grand Island branch on March 15 , 1S90 , entered Into a contract con earning the shipping and routing of grain Mr. Cornish holds that the receivers shoul be relieved from the performance of thcl portion of the contract during the terms o their receivership , as by continuing the con tract they -would bo compelled to add un necessary burdens upon the properties en trailed to them. Should there ba any exceptions taken to th special master's report as outlined abov they must be filed on or before November 15 , when Judge Sanborn will hear them I ! chambers at St. Paul. Judge Cornish leave for his home tonight , after a week , as h says , of the hardest work ho has over bee : called upon to do. IN A FAIlt IV XV FOR SICTTLKUKXT. Union 1'iiclflc itnd Nnvlff.itlou Coin piny llavo Tv'ot nvereI Itolutioni * . PORTLAND. Ore. . Oct. 13. The many ru mors published about serious differences be tureen the Union Pacific and the Orego : Railway & Navigation company regarding traffic agreement , according to officials both companies , have no foundation. Omaha a report was started that the TJnlo Pacific Intended to withdraw Its business fro the Oregon Railway & Navigation and tur It over to the Northern Pacific at Garrison Mont. The ridiculousness of this story apparent , as the distance to this city by wa of Garrison Is almost GOO miles greater tha by the Oregon Railway & Navigation. R cclver McNelll ot the Oregon Railway Navigation was Interviewed today on tli matter and said ; "Tho public would ar pear to believe that there la a wide difference betwen the Union Pacific and the Short Line and that this matter resulted In severing re- latlons at Huntlngton , There Is nothing in It. Our business via Huntlngton is running alone the same as under the lease and re lations are close and friendly , and at this mo ment Mr. Lomax la on the ground establish ing general offices. Wa fully recognize the Importance of the Short Line connection and I guess they know our value to them , and this alone would show the folly ot such talk as has been going the rounds. " General Passenger Agent Lomax of the Union Pacific , who is now here , said : "There Is not any fighting between ourselves and the Navigation people. AVe have not yet come to an understanding with them , but I think there Is no question but that we will. The Navigation company In going into the hands of a separate receiver made It necessary for us to open a new freight and passenger office here , and work for business. " Mr. Lomax , In company of A. R , Baxter , who has been appointed general agent of the Union Pacific an the coast , will establish offices at Portland , Tacoma. Seattle and other Important points. SUVTll O3I.lir.l- The republicans of the Third ward will Evans' hall. Twenty-eighth and R streets. Joe Brand le , convicted of stealing hay at the stock yard ; , was fined $3 and coats by Judge Chrtstmann. The McKlnley club will hold a mass meetIng - Ing at Pivonka's hall next Wednesday night. J , M. Johnson Is down for a speech. George Parks returned from St. Joe yester day , where he has the contract to erect a largo building for the Omaha Packing com pany. The ladles of the First Presbyterian church are making great preparations for their chicken pie dinner Tuesday at 2602 N street. IAIC.IL JIltariTIKS. The Woman's Christian association & 3ks for some special articles for the lodging house for women , It needs a , small cook atove. a mattress , bedding , table linen and dishes , - The Woman's club will hold Its first meet ing In Its new room ever the Boston store , tomorrow afternoon. The program will be a In charea of the department of applied econ omics , and Mrs. Peattle. the chairman of the department , -will read a paper on Responsibilities to the Poor. " CHRISTIAN WORKERS MEET Several Hundred Motors of the Endeavor Union nt' > Lincoln. Him it i NINTH ANNUAL CONVENTION IN SESSION in IM All Ilia Cliiirrlics a ! tlio t'lly Utrcn tip to In tlio Interest ut tlio Or- IttpM-iiontoil by the I ii' LINCOLN' . Oct. 13MSpeclal. ) The ninth annual convention ot thei Christian Endeavor union , now In Bcslon In Lincoln , | g the largest ever held In the jtntc. and all the leading churches of this city arc given up to the wearers of badges , who arc thronging all the streets ot the city. At 2 o'clock this after noon there were seven meetings In progress and all ol them were well attended. Outside of Lincoln and Us suburbs , which Includes a good many delegates , over COO names arc registered , and all the speakers on the pub lished program nro present , with their pa pers. The visitors to the convention arc mot at th ? door of the Christian church by a reception committee and decorated with a bailee In the form of a star , after which they arc assigned to quarters. One of the most Interesting features ot the day's work was the meeting of the "looK- out" committee in the First Baptist church under the leadership of C. C , Olllosple of Beatrice , at which an Interesting ten-minute paper was read by Mrs , K. B. Sprague of Farnam. At the same time the missionary committee was In cession at the First Con > gregatlonal church , the Sunday school com mittee In Grace Lutheran church , the good literature committee in the First Congrega tional parlors and the corresponding secre taries had a session In the main room of the First Congregational. The program for tomorrow Is as follows : 9:00 : Hlblc meditation and prayer. 10:30 : Services In all of the city churches. Sunday afternoon , nt the First ConRrcg-a- tlonnl church , home missions , with Secre tary W. D. IJawcs , Lincoln , presiding. 2:30 : Soni ; service. 2:50 : "Missionary Extension , " Mr. F. "F. Tucker , Nebraska City. 3:10 : "Our Uuty to the Drouth-Stricken Flelits of the Stute , " Ilev. George A. Hay , St. 1'nul. SMO "The Kmleavorer. n.i Related to the Progress of Missions , " Hev. A. K. Illcker , Alma. , At the Central Church of Christ , Inter denominational fellowship , with Mr. C. II Cook , St. Paul , Minn. , presiding. 2:30 : Songservice. . 2:50 : "Christian Fellowship , " Miss Jcannlc Johnston , University Place. 3:10 : "The Waste of Energy Through Do. nomlnatlonnl Strife and Jealousy , " Hev. J 13. Hrereton , Geneva. 3:30 : "The Effect of Intenlenomlnntlona Fellowship upon the Unconverted , " Hev Simpson Kly , Falrlielil. In the evening all will congregate nt the First Baptist church and take part In the following program ; 7:30 Songservice. . 8:00 : "Two WarsMr. . Robert K. Speer , Now York City. ( Courtesy of Sixth dis trict. ) 8:15 : Bible meditation : "Christ's Self' Sacrince" Matt. 20:28. : Leader , Mr. C. K. Johnson , Omaha. i v. 9:13 : Consecration sw-vdce , led by presl dent-elect. 11 'I Mlspah benediction , nf LINCOLN INitmiKF. Judge Tlbbetts thls-mornlng overruled the motion for a new trialUn the case of T. C , Qrlncr , the peripatetic picture vender , con vlcted of criminal assault up 14-year-oli Daisy Hedges , and Immediately arraigned him for sentence. When asked what ho hat' ' to say why senlende"lahould not be pro nonncsd upon him , Gflnbr made a brief , ram bllng speech In a Iqw.tone , the burden o ; whlcli was that he was , not guilty. His nt * torney also spoke In hs | behalf , whcrcupoi he was sentenced to five years at hard labo : In the pen. > ' " mi.i < iioiis OUKSTIIIN.S , UISCUSSKD , [ iitcrenUiiff Topics Oonililcreil nt the I'res byterlun synod's SKMOH l.ust Week. GRAND ISLAND , Neb. , Oct. 13. ( Special The synod of Nebraska of the Presbyterla church held a most successful session a : this place , beginning Tuesday evening. Theri was a change from the ordinary buslnes meeting , and It was of a most popular char acter , the mornings being devoted to bus : ness and the afternoons to Interesting dls cusslons on important topics. Rev. H. ( Scott of Hastings delivered the opening semen mon , presenting in hi : vivid manner th fact that the church Is not living up to It opportunities and how easy It would be ti realize ( he motto , "Why not at least 100,00 on confession of faith this year ! " Rev. Mr. Curtis of Lincoln was elocte moderator , and presided with grace an fairness over ail the deliberations. At th morning session Wednesday a report of Hi Presbyterian hospital was brought before th synod by Rev , John Gordon , which n ceived very favorable attention. The Sun day preceding Christmas was made Tiosplta day , and ministers are requested to take col lections that day. Hastings and Llsll'vue col leges also made their reports. In the afternoon a discussion took place on "What Should Be the Attltuda of the Church Toward the New Movement In Chris tian Sociology ? " This was opened very ably by Dr. W. F. Rlngland of Hastings college and Dr. John Gordon oC Omaha. It eliclteJ some earnest thought and bright remarks , and It seemed that every member of the synod had a speech ready , had not the time so quickly expired , Then followed a discus sion on the "Causes of the Drouth Are They Spiritual or Natural ? " "Rev. H. 1C Buslmcll affirmed that they were .spiritual , quoting many bible words which sostned to bear him out. His reference to the rain makers was most timely , and cause ! a gen eral turning to the record when ho read Jer. 14:22 : : "Arc there any among the van ities of the gentiles that can cause rain ? or can the heaven give showers ? " Ho was fol lowed by Rev. F. W. Russell of Falrbury. who took the ground that while God could work by ordinary laws He did not Interpose a miracle to withhold the rain , but that man was largely responsible for the lack ot rain by cutting off the forests. In the evening there were delivered two most notable addresses on "Foreign and Home Mlss'ons" by Mr. Robert K. Specr and Rev. Dr. D. J. McMillan , both of New York City. Dr. Speer Is a young man ot prepossessing appearancs , and was eloquent In setting forth his cause. At the close ot the speeches (35 was collected for these boarda. Tuesday morning was devoted to the Sunday school and educational work of the church. Rev. Rr. E. R. Craven ot Philadelphia and Rev. Dr. J. D. Countermine of Beatrice made the principal addresses. Nebraska la the banner state In regard to the work of Sunday school missionaries pn some Items , being double the figures ot the next moat prosper ous one. The afternoon waa devoted to the Christian Endeavor movement. 4 Roy. Charles E. Dradt of Lincoln showed that this movement was providential. Rev. Dr. & N. Ware ot Omaha ably treated the BUbJea "How Can This Synod Best Utilize the.Christian . ( Endeavor Movement In Advancing the Kingdom of Qed Within Its Hounds ? " Routine business was taken up till 63.p. ; , , In the evening Rev. j r. Thomas L. Sex ton spoke of the "Present Condition ot Our Work , " showing that while the conditions have been unfavorably the work has been reasonably successful. Rev. Dr. E. R. Crayon of Philadelphia then spoke on the . Sunday school work i.i. , ' showing that they wqrq'jdolng a most excel- Unt and necessary wprk- , Synod closed this morning after consldorlnktvcry carefully col lege and seminary work , Kurpy I''ilucutori Adjourn , BELLEVUB , Neb. , Oct. 13. ( Special. ) The Sarpy County Teachers' association held B very successful cession at Papllllon October ' 12 and 13. Of the fifty-three teachers In the county , forty-live were present. The address delivered , by Mr , Clark , of the Western Normal , Lincoln , was well received. The naxt session wilt be held al Spring In February , Kotos ut Juiilui * . ' JUNIATA , , Neb. . Oct. IS Farmera are still sowing wheat , ' The carl iy sown wheat has grown very fast and coven the ground now , A few cases of diphtheria Tn n Iis3 torn have been reported near town , resulting In Cor. and Douglas S/s. Underwear - - The balance ol the Great Underwear purchase closed out to us at 47 0 on the dollar by the Gastcnbury Knitting Co. , makers of the Sale Goes On - - latest and best achievements in modern and per fect underwear and hosiery. Their ambition is to make the finest goods in the world They succeeded Another - - Day ceeded they did more they overreached them- selves and were forced to cry for help , We helped ourselves at 47j c on the dollar. Send mail orders before Tuesday. It's the finest and lowest priced underwear and hosiery you ever saw. SOX In medium weight and aeam- HEAVY RI1HIED MEIUNO SHIRTS AND less , In black and tan mixed , pair 5e Drawers , slightly oil in color tuna but porfoet at COc a dozen or a single pair garments in every othur way. bnmo thing sells 25c for v for 81.00 HEAVY SCOTCH GRAY MIXBI ) SHIRTS AND SOX heavy gray mixed , seamless , peed substantial hose , tomorrow drawers. The factory closed thorn out to us nt : i nro 90c a dozen or a single pair 8e rldlciutoua price , so that \vo can otter them to you 35c tor tomorrow for NATURAL , WOOL SHIRTS AMD DRAWERS , SOX good heavy wright , seamless not quite us heavy as $1.50 artnonts , but hcuvlnr 45c , and In tans. They are Shawknlt , lOe nnQ bettor than any $1.80 garment you over , saw , . go with the rest at $1.00 n dozen , or pair for NATURAL WOOL , FLEECE LINED , ALL TI1K purest manufacture , the milker * pridcil themselves SOX heavy all wool or camel's on this , wo cut the price moro than in two and 60c hair , such as you pay 35c for , are they are yours nt , ' tomorrow $2.00 a dozen or a pair 17e tor FULL REGULAR MADE , EXTRA HEAVY , NATural - ural woolshirtn and draworri that are tlio equal of 75c any at $1.00 , go in this great gala ut SOX In very fine medium weight , fancy cashmeres , tans or blues , COc value , $2.25 a dozen or a pair YOU WILL HAVE TO SEE THE FINE , ALL pair for wool , scarlet shirts nnd drawers tliixt wo sell to price morrow ut 80c before you can upprociuto the 85c SOX extra quality oxford mixed , WE PURCHASED THE ENTIRE OUTPUT OF medium weight or heavy merinos , thcso two numbers the mills make , a heavy in gray or tan , 5 pairs $1.00 , or a ' pair for. . . . natural wool and caravl's hair , not a garment 95c worth less than $2.00 , tomorrow You have another such chancc- and its the last. CLOTHING three deaths. The attending physicians believe - . lievo they have the disease under control. The Odd Fellows and Rebekahs gave a ban quet Wednesday night to the children end exhibited n real live goat as the Odd Fel lows' ' steed The Junlata roller mills are running lull capacity night and day. While the Masonic order was In session Monday night the Eastern Stars came sud denly upon the scene and stopped all further exercises with a surprise banquet. A jollj time followed. SUOOTII CltOHIC GilPTUIlKD. Henry Smith Hemmed to Ncbnskn Soil In un Onicor'n Vutlody. PLATTSMOUTH , Neb. , .Oct. 13. ( Special Telegram. ) Sheriff Elkenbary returned from Kansas City this evening in chnrg ? of Henry Smith , the horse thief , who hired a horse and buggy some four or flve months ago of Liveryman Jones In this city and then sold the outfit in the western part of the county Smith Is the same fellow who recently eloped with a Lincoln girl named Ida Clark , Be fore leaving Lincoln he robbed a store. He then came to this city , and with the pro ceeds of the stolen horse and buggy , Jour neyed With the Clark girl to Wymore. There he stole another horse , which he drove to some point in Kansas , where he turned It over to Ida and cut loose from her In order to escape the officers , who were on his trail. Ida drove the horse to mo distance and then sold it , going to Denver with the money to meet her lover. He was subsequently ar rested and taken to Kansas City , where he was sentenced to rerve a term In Jail for beating n board bill. He had jiut finished this term and found Sheriff Klkenbary of Cass county ready to meet him with a war rant , charging him with horse stealing. B. ! ' . Plnneo of Lincoln Is the man's guardian , There was a lively skirmish among the authorities to run the young fellow down about the tlmo he was arrested and taken to Kansas City , as ho was wanted on numer ous charges. Smith's preliminary hearing will be had early next week. It Is under stood that ho will plead guilty In the hope that Judge Chapman will bo lenient. Work ot I'orjtrr Devoted. FREMONT , Neb. , Oct. 13. ( Special Tele gram. ) A forged certified check for $250 turned up today at the Commercial National bank. The signature to the check was Matt W. Corcoran , and It also bore a forgery of the name of Cashier McGlverln , with a rubber stamp endorsement , the stamp evidently hav ing been made for the purpose by the forger. The check was made payable to Edwin F. Lewis and was endorsed E. F. Lewis and cashed by a bank In Kentucky. A Lemurs , la. , bank telegraphed Iho Commercial Na tional bank today asking If a cert [ lied check of Corcoran's for $327 was good. It is feared that another forgery ot the same kind la afloat. Arrested Jlnnil Ovcrsoer. DECATUn , Neb. , Oct. 13. ( Special. ) Today C. E. Barlow and Constable Dlllen went out to the former's farm and arrested Iload Overseer Oucrlng. Gucring was ac cused of constructing roads on Barlow's land that were detrimental to the property. The census Is being1 taken for another small payment to the O'nalm ' Indians. The amount Is $3SA ( ) . Per Individual , about $3.75 C'lty Ittmldrnce ICobbeil. NEBRASKA CITY , Oct. 13. ( Special Tele gram , ) The residence of Mrs. William Lam bert was robbed yesterday during the absence ot the family and a gold watch , three gold chains and a small sum cf money sto en Several other places were visited , but nothing of value taken. _ J''Hrin ' r' Team htolcn. ALBION , Neb , , Oct. 13. ( Special Tele gram. ) W. B. Cartes , a farmer living nea thla place , had a team of horses stolen last night. The thieves are supposed to be two strangers that came In on the Union Pa cific evening train , Officers started in pursuit - suit as soon as the theft waa discovered , Otoo County Toucher * Adjourn. NEBHASKA CITY , Oct. 13. ( Bpecla Telegram. ) The Oloe County Teachers Instl tute. which hai been In cession during th past two diys , adjourned this afternoon Chancellor CanHeld addressed th& teachers last evening. The session has been proflta ble. _ , North I'luUo Jull llreaken. NOTITH PLATTE. Neb. , Oct. 13. ( Spccla Telegram. ) The three men who looted store at Ilrady Island three weeks ago brok Jail hero tonight and are now at large. J reward la offered for thetv capture. One o 10 men is In 11 , with light hair and mustache nd wears a light checked suit. One Is tall , ark complexion , with a black mustache. The ilrd Is a short , heavy set German , constder- jly pock-marked , The escape was made by gglng through a heavy brick wall. The lerlff and posse are scouring the country Her the men. They had but a few tnln- tes. ' start. _ _ TBYING TO SAVJS HIS SOW. Ed 1'rlco'a f'ntlicr HrukliiR 1'ardou from ( ovfrnur Cr unfo. James Hawke of San Francisco was robbed f { 40 Friday morning at the State hotel y a colored chambermaid named Fannie lover. Hawkc had left his pockctbook , con- alnlng $103 , under his pillow. The girl ound It , and after extract lug the $40 turned t over to the clerk. Chief Detectlvo Haze vorked on the case , and the girl finally dug p the money out of an ash heap In the ack yard. She was sent to Jail and a hargo of grand larceny 'fl.cd against her. There Is an interesting- story concealed Bhlnd the presence of Mr , Hawke and his ife in the city. A year ago last May W. I. Bouman , the shoo dealer , was held up no night at the corner of Seventeenth and Dodge streets by two men. Mr. Bowman fas game , and two shots were fired In he tussel that ensued. The attention of the ollce was called by the shots , but before fflccrs could arrive the men fled. One of hem was pursued by Sergeant Whalen Into he alley In the rear of the postofflcc and raptured. The other man was captured later , ut was released because he could not be denuded. The man caught by Whalen IB lamed George Price , and he is the stepson of ilr. Ilnwke of San Francisco. At that tlmo Mr. Ilawho was a man of xinsldcrablo means. He had been a city jfficlal of San Francisco , and later became contractor. When he heard of the trouble nto which his stepson had gotten he was ietcrmlncd t ? try all means to have him cqultted. He mortgaged his property , and vlth all tha money ho could get together he amo to Omaha. Ho worked hard , but when he trial came off Price was convicted and ient to the penitentiary for a term of five ears , which ho is now serving. It may be omemberod that his mother. Mrs , Hawke. made n most affecting appeal to the court or mercy during the trial. . Since that time Mr. and Mrs. Haivko have been attempting to obtain a pardon for Price. All their money is gone except $105. They mvc been In the city two weeks and had ntended to leave for Lincoln Friday after- icon to see the governor. The chances for a pardon Bcem to bo fairly good. At the line ot the crime Price was 19 years of ago. Jntll a short time previous to it ho had llvei n San Francisco with his parents , and did not have a bad reputation. He loft them and went to Los Angles and San Diego , from rtilch places his parents nad heard from ilrn. After that , however , they lost track of him , and did not again hear ot him until ho committed the crime. JrVnn I'lnoil for It. Ira C. Batchclor wjs fined $7 end costs In the police court yesterday afternoon for Impersonating an officer. According to the testimony. Batchelor represented to a Mrs. I'ovlnsky that he was a detective and would arrest her It "she did not Immediately turn over some clothing she was holding for n board bill. An appeal w&a taken , II K. ITJIEJI FUK KU.IS T , Fair anil Warmer IVratlirr nnit "VVInil.i hiiirtinir to South. WASHINGTON , Oct. 13. The forecast for Sunday Is ; For Nebraska , Missouri , Iowa and Kan sas Fair ; ivlnda shifting to south nntl warmer. For South Dakota Generally warmer wlndx shifting to south ; wanner In the east ern portion. I.urn I Itocorcl. OFFICE OF THE WEATHER BUHRAU OMAHA , Cot. 13. Omaha record of temper ature and rainfall , compared with the cor responding day of the past four years : 1891 , 1S93. 1802. 1891 Maximum temperature . . . CO Ki 75 C Minimum temperature . , , , S3 39 C5 4 Averajre temperature , , , , , 60 G2 70 E Precipitation 00 .00 ,18 .2 Condition of temperature and preclnltatlor at Omaha for the day and since March 1 loJi ! Normal temperaturn , . , . . , . , . , . , . . . . C Deficiency for the clay , Accumulated excess since- March 1 G3 Normal precipitation . . , . , . , . . . , , . . , , . ,09 Incl Deficiency for tha day 09 incl Total precipitation since March 1 U.G3 incur Accumulated deficiency since March 1 , 14.4 ! ) Inchc aKOHOK E. HUNT. Local Forecast Olliclal , LAND STOLE AT CHEYENNE Eastern Men Wiio Bought Outlying Prop- j crty Getting After the Negotiator , t ) NE MAN LOST SEVENTY-FIVE HUNDRED . M. AVhltncy nml J. t < " . MofTntt Work-ad r ; l * CilgMiitlc rruuil for All It Was ' Worth ittul Are Now Likely to llu I'roscautrtl. CHKYCNNB. Wyo. , Oct. 18. A giganllo and fraud has been discovered here , It is In he connection of the purchase of a tract of 5G acres of land adjoinlnc the city by a yndtcatc of eastern Investors. In 1890 the Wyoming Land syndicate , after- vards changed to the Wyoming ompany , was incorporated by J , F. luffett of the firm of Moffett , Hodges & Clark , waterworks contractors of Syracuse , J. Y. , J. M. Whitney , a real estate broker t Denver , and C. B. Davis of Chicago , who vere elected president , secretary and treas urer of the company. J. A. Hood , treasurer of the Syracuse Savings bank , who Is out $7,500 on account if his Investment in the enterprise , arrived oday to look up evidence to begin prosccu- Ion of Whitney and Moffett , whom ho claims tave swindled the shareholders out of $50.- MO. Mr. Hood says that Whitney came to ils office In Syracuse ostensibly to sell lilm ome Denver property. In the course of con versation Whitney mentioned that he knew if a tract of land In the vlcnlty of Cheyenne .hat could be purchased for f2CO an acre , which ho represented as n nominal price. ; | "t was agreed that Whitney and Moffotl should come to Cheyenne to look over the property , anil , if possible obtain possession ' } if It , Ho also said that the property could > e purchased for $90,900. The company was organized with a capital stock of twenty share ; , which , on the $90,000 basis ropro,1 sented an outlay of $14G each. Mr , Hood i\ \ finally became possessor ot two shares. In addition to the purchase of tbo tract of land which It was proposed to lay out In addi tion to the city , It wan represented that the street railway of Cheyenne could be pur chased for $24.000 , one-fourth of which was .0 bo paid in cash. It now develops that the olllccra of the company Intended to pur chase this property. Mr. Hood and other sharholders bccamo suspicious and started an investigation. They discovered that Whitney Imtl secured options on nearly all the prop erty at n figure less than half of what ho rcpreseoted It to bo worth. Hood says that Whitney and Moffett were apparently dls- tatlsfled with the gigantic swindle , but have now transferred the property to1 L , A. Liel of Chicago as trustee , for a small considera tion , leaving the stockholders absolutely nothing to show for their investment. Hood claims that the tract could not now ba sold for (5,000 ( , Whitney and Moffett are In New York , the former operating in Wall street. nt.t/.virnnottKiiv v.ii-iuitKU. Detective * nccn fnl After Three Mnntlil * I rant Henrch. BATTLE CUEBK. Mich. , Oct. 13. The parties suspected ot wrecking the Chicago & flrand Trunk train hero on the morning of July 16 , during the strike excitement , and who were the means of killing Fireman Crow and In J urine about twenty per sons , have at last been arrested.,1 , Today Stanley Knowles , John Bodwlg , n\ \ Qcorgo W. Johnson and K. W. Jewctt are In confinement as the result of the efforts ot flvo Chicago detectives. Knowles had been given a position on the road as part ot the plan for their capture. Finally the detectives cornered him and extorted a con- , i fesslon , which Is to the effect that the crlmo ij | waa committed whllo the men were desperate - ate over the strike and their failureto pre vent the trains from running , Jowett nnd Bodwlg are held In Chicago and will ba brought here. The other two are held In hiding here by the detectives. Deutli of Aila l.oirry HclmcHor , Mrs. Ada Lowry Schacffcr , aged 29 , wife of August Bchaeftor , manager of Max Meyer & Co.'s cigar department , died last evening1. Tha funeral will ba held at 3 o'clock tomor row atternooa at reildcnci , 2025 Ftrnua street.