Omaha daily bee. (Omaha [Neb.]) 187?-1922, October 26, 1894, Page 5, Image 5

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    ri
JURY BRIBING IN LINCOLN
Recent Oaso Has Attracted the Bar Associi-
tioa'a Attention.
OFFICIAL ACTION TO BE TAKEN AT ONCE
I.inicuttcr County Attorney * Attend Ilia la-
% etlgutlon In llody Luvrj-em A > rt
tlmt Urouknd Work In 'lliU
I.Inn U I'requrnt.
LINCOLN" , Oct. . 13 , ( Special. ) The mib-
Ject of jury bribing continues lo he. the all-
/ilisnrbltu ; tuple of conversation on the street * ,
in the court house , hotels and other places
nlriut the city.
.N'ot only were the attorneys out In full
force at the Investigation , but a large num
ber of citizens was present as. well , many of
v ' ntn hail Intereita In cases which arc on
tti docket for this term , and consequently
Vvti ! anxious lo see to just what extent the
lunds of justice would be exerted.
The result of ( he court's action dlil not
ntrlke everybody In that llghl. The promise
that the mailer would be Investigated Is
Itterpreteil In some 'quarters as meaning
simply that after the present flurry Is overj I
Dm matter will be allowed to drop.
These state as their reasons that there has
never been a person convicted of jury bribing
In the history of Lancaster county , although
In I lines past , and Indeed , within the past
elx months , cases of the most glaring ami
opparnnt attempts at bribery have come lie-
lore , the court's notice , and was of universal
l.-rowjedgo still nothing was over done.
Many attorneys claim thut no such tiling
( is jtifltlcn can be- had here , nnd Indeed can ,
In five cases out ot ten. prophesy correctly as
to the verdict that will be reached In cases
yhcrti justice should win but docs not.
On being interviewed today several of the
nttorneys expressed the hope that the Lan
caster County liar association would lake
U > e matter up at once and rec what could
IK ) dune.
LINCOLN IN IlllIKF.
J. llolmt Mclleynold ? . author of the book
entitled "The Luxury of Poverty , " today pe
titioned the court for a decree ot divorce
from hlj wife , Susan , whom he married on
June 2K , 1893. He alleges that he has been
subjected tn ail manner of harsh treatment
it her hamls , nnd that now she has deserted
Mm.
lU'orgo Hraaeen , who has attained con
siderable notoriety during Hie past few
months , and who , it was claimed , threatened
the life cf Chief Cooper , County Attorney
XVorxlwarel and nthers. promises to bring to
light some very startling evidence at the trial
of Uradfeii against Ilnggerty , the West Lin
coln mar-hal. : which occurs tomorrow. He
declares ho has been unjustly persecuted by
thes" officials , and la going tu make it warm
for them.
Henry K. Lewis of this city has been ap
pointed receiver of the defunct First Na
tion il bank of Kearney , lie received official
notice of this from Comptroller Kckele today.
II. A .It. KKJIITH VOItK'S CITY COUNCIL.
Heeiiri-9. an Injunction lo Prevent Cotlovtiim
if mi Orcii | ntloii Tax.
VOUK , Neb. , Oct. 25 , ( Special. ) The oc
cupation Ux , passed by the city council some
tlmo ago , anil which caused so much com
ment among the business men of the city. Is
being Paid In slowly. The II. & M. was
Krante.il a temporary Injunction by Judge
'
M'lireler. restraining the city treasurer from
colliding the tax from the company. It Is
understood that the company will teat the
onlirmnca In court. Those who have paid
liavo done so under protest. There has been
from $ l,50i ) to $2,000 collected.
.Miss Ida Newman of Omaha Is visiting
frleids : and relatives at thla place.
Mr T. L. Havles returned from Omnha nn
Tiiaaday , at which place he had been buying
more fall goods.
York's military band has been Increasing
Itt numbers , and now has a membership of
about fifty. It Is trying lo make. Itself a
elate band. New
instruments have been re-
delved , ami everything Is going along very
' .
ii c'ly.
Senator Allen failed to make hla appear-
niice In York on the 23d , the- time set for
Ills meeting at this place. Thin Is the sec
end tlmo thut there have been arrangements
made for an Allen meeting here , but on each
occasion tlinse who came. In to hear him
ttcre disappointed.
Mr. A. S. llarlnn of the firm of Harlan , at
torneys , nnd who has been sick for the last
elx weeks , IB but little better , Ho has ty
phoid fever , and hla condition Is very serious.
ItAIlNH AMI ! 1IOKSKS 1IUKMK1I.
J'rmer8 r.cno Heavily by Tlsllatloni from
the Doatroylng Klrinimt ,
COZAD , Neb. , Oct. 25. ( Special. ) Last
evening about 7 o'clock the barn of I. II.
Klrltpatrlck , n. farmer living nine miles north
of hero , burned to the ground. With the
assistance at neighbors the other buildings
were saved. Mr. Klrlcpatrick had Just flu-
lulled filling his barn with liay , fodder and
grain for his winter supply , all ot which
was lost. Two head of horses were also
burned. The building was partially Insured.
Mr. Klrkpatrlck estimates his- loss at $800
above Insurance. The origin of the flro Is
unknown. .
COLUMBUS. Nib. , Oct. 25.-5SpecIa1. ( )
The barn belonging to Jnko Hormvlak was
jiartlally destroyed by fire yesterday evening ,
supposed to be caught from a pipe. Two
horses belonging la visitors of the family
were burned to death.
MINDKN' , Neb. . Oct. 23. ( Special. ) The
large barn thonging to L. A. Kent of this
jilace burned to the ground yesterday. Fire
started by a hot Iron being thrown care-
lesaly In the neighborhood of the barn. In-
wiji/rvs CASK J > ISMISSIU. :
Charge or Accepting n llrlhe Wltliilniirn
Alter n Settlement \Vni Jtlntle.
BEAVER CITV. Neb. , Oct. 25. ( Special
Telegram. } The prosecution of D. T. Welly ,
judgeof this district , who was arrested ten
days ago on a charge of accepting a bribe ,
came. to an abrupt and unexpected close today
at the preliminary hearing. The complaining
witness , A. D , Glbbs , withdrew the complaint
and the case- was dismissed
, much to the
disappointment oC a court room full of ex
pectant people who -wished
to hear
some
.
nena.itlonal testimony. The matter has been
amicably Bottled between the , principals.
KJivarcl Gabby was sentenced today to one
year In the penitentiary for horse stealing ,
the prisoner having pleaded guilty
" before
Judge "Welly. Gabby , who Is but 17 years
old , stole a. pony of doubtful vulue from hla
employer in Sherman precinct und went to
Kansas , where ho waa captured.
IrrlR-ntlori | ii I'lutt" County ,
COLUMI1US , Neb. , Oct. 25. ( Special. ) Orlando -
lando Nelson has filed papers for water
right !
for an Irrigating ditch , to take water from
the Loup and run eastward through Tlatte
and Co If a counties , It Is expected work will '
begin Jn a few days , No bonds are to be
asked for , as the owners of land along the
line are to own the ditch , under certain hem
ditions oC Its construction and operation. ICn-
Slneer II.V. . Lawrence , who is now super
intending the construction of a ditch In west
ern Nebraska , Is expected dally , lo help with
preliminaries. Already this latest scheme
Jiaa developed considerable Interest
among
farmers , and It seems as though w are to
have a canal for sure ,
To Try Their l'ortuui > In T mn.
' NEWMAN OKOVB. Neb. , Oct , 25.
( Special. ) Seven Newman Grove families.
and three , men without families with their
effects , consisting- stock , household goods.
and farm Implements , left here this morning
on . special Hock Island train for Ganudo ,
Tex. , whore Iher will locate.
Wedding llvltt.
ALBION. Neb , , Oct. 25. ( Special. ) Mr.
George Waring and Mlsi Ora Mae Sackett ;
were united In matrimony at the bride' *
horns list evening. Doth of these , young
people art well known and highly esteemed.
In this county.
Suuit nuil Wluil < irnornllr , I
WATERLOO , Neb. . Oct. 25. ( Speclil. ) A j
yery toivy wind and unj atorm set iu at [
noon today , and at 2 p. . m It was Impossible
to nee further than a very ihort di t m on
ac'-oiint ' of the sanO. No damiRe Iian been
done no far ai heard from.
St'RWIsn , Neb. , Oct. 2. . ( Special. ) A
Ictrlble tand and wind itorni has. been blow
ing all flay from the north.
C.OLUMIIUS. Neb. , Oct. 2S. ( Special. ) A
revere tandstorm has raged here all day ,
FOR FOOT BALI , TOMOBKOW.
< littp < C'nllecetruing Itrndy l Meet I he
V. M. C , A. oiitlm Uriillron.
Tomorrow brliign the game of foot ball
between the Omaha Young Men'o Christian
association ami Gtitca college team * .
On Tuesday Brown went to N'ollgli nnd
look chiirge ot the Outes College It-um.
Since he has been there and work ? * ! on the
tenin great Improvement Is visible. Their
Intel feience and genernl team work IH uooil
nmt what Is most encouraging of nil. they
gii at their work In the primer spirit. They
tin- all hard worker * , faithful trainer * , nml
Heem to gra. p Immediately the .meaning of
tinvuuiher'H remtirks anil criticisms. The
ten m will probably line up HH follows' Lee.
center ; Howe nnd Hire , cuards ; . . * , , . . . „
HI I ( talawuy , tackle * ; tfrltllths , I'exton uiul
KIPP.nils ; Cnplaln Thompson , quarter
bark : IleiiHcI , Clrablel and Shultz , half
biieks , Kills , full buck.
The Young Men's Christian association
players hiive been In charge of Hurry ly-
niiin during the absence of Hrown. The
teniit IIIIH not been llnully chosen yet , but
Saturday's papers will give the llnnl make
up of each team.
Tlir > Gates College tfrint gels to Omnha
this afternoon at . " : ! p. m. , amt will be
tiuartcreil at the ISnrXer hotel. The Rume
wilt be called at 3:50 : p. m. , Saturday. Ad-
tuition , M cents.
IllXl'l.'rs O > TIIK IIL'NMMl TRACKS.
fniirlto Sent < ) ri-r ut Onktoy un rust nn
Start Cnulit'lle 31nlo. (
OAKLKV , O. , Oct. 23. - Only two favorites
wen on a fast track toilny. The principal
rat-e was the third , in which Geraldlne und |
I'otcntntQ found equal fnvor In the eyesof
the bettors. Llzetta , nt 6 to 1 , got away In .
front nnd was never headed. Tenor In the
second wns the only first choice thut failed
to Hhow. IlesultH :
First rnce , seven furlongs : Uno (2 ( tn I )
cm. Text (6 to 1) second , Contest ( .6 to I )
third. Time : 1:23. :
Second race , thtrteen-slxteenthH of u mile :
SlileMbearer ( I to 1) won , Shanty Hob (12 to
t ) second. Hiding .Muster (7 ( to 1) third.
Time : l ; 'Si.
Third race , six furlongi ? Llzetta ( fi tn 1)
won , Potentate. (5 to S } second , Iluckwu (6 (
to 1 > third. Time : 1:1 : IV.
Fourth race , mile nnil an eighth : Semper
Lex (5 to 2) ) won , Oeorge Heck 01 to 1 > sec-
onil. I'lutus (6 to 6) ) third. Time : l:56Vi- :
Kit tli rncc , MX furloiifcs : Hatsiuna ( : : to I )
won , Free Advice (2 ( to I ) second , Kathcrlnc
(2 to 1) ) third. Time : llfi. :
Sixth race , one mile : Cilorlann (9 ( to B ) won ,
hlster Anita ( II to 1) second , 1'enbody (2 tu I )
third. Time : JS3. :
ST. LOUIS , Oct. 2r . Ke.oults nt Madison :
Klmt race , four nnil a half furlongs :
Dimple won , llockle Lady second , lied
Kaustua third. Time : 0r,8'.i. : '
Second race , live nnd u half furlongs :
I'eregnl won. King Illmyar second , Gertie
Hluck third. Time : 1:14.
Third race , live furlongs : MlHs I'ortliind
won. Headlight sccund , Courtney third.
Time : 1:07. :
Fourth nice , live and n half furlongs :
Arapahoe won. Agnes II aecoiul , Miss Hosa
thtnl. Time : lISVi. :
Fifth race , six furlongs : IJurrel's Hlllet
won , Ivanhoe second , Flrat Chance third.
Time : 1:1914. :
HAHLKM , Oct. 2T . First race , live fur-
longsi : I'eter the Second won , Souvenler sec
ond. Ilansome third. Time : 1:01 Vz.
Second race , one mile nnd neventy yards :
Immllda. won , Oakvlen- second , Constant
third. Time : l-ifl'.S. : '
Third race , six furlongs : G. n. Morris won ,
Neutral second , Llnnetle third. Time : ! : ! < ! > ; .
Fourth nice , mile and a sixteenth : Kugle
Illnl won , Oakwood second , IJessle Blsland
third. Time : lIS'-i. : '
Fifth race , six furlongs : Dlvolo won , I'ori
Gmy Hecond , Hlghlnml third. Time : lir : , & .
Sixth ruce , mile and seventy yards : Dun-
garveti won. Young1 Arlon second , Uob
o'l.lnk third Time : l:48Vi. :
ST. ASAI'TH HACK TItACK , Oct. 23.
First race , live furlongs : Jack of Spades
won , \Vernberg second Gov. Flfer third.
Time : 1:03. :
Second rnc < , one mile : Song nnd Dance
won , 1'rlnce George second , I'ochlno third.
Time : lillVi.
Third race , five furlongs : Lonpbrook % von ,
Hlnekfoot second , Factotum third. Time :
1:01. :
1:01.Fourth
Fourth race , six furlongs : Sally Wood ford
won. Uvelyn Carter , tllly , second , Thlra
third. Time : 1:18. :
Fifth race , mile and one-sixteenth : De
clare won , Candelabra second , Harrington ,
third. Time : 1:50. I
Sixth race , six furlongs ; Cutictis won. Tus
can second , Amsterdam third. Time : I:19J. :
1'HOVIDKNCB. Oct. 5B. First race , flvc
furlongs : Sir John won , Custlnet neconcl ,
I'lilllstea third. Time : IW5. :
Second race , seven furlongs : Speculation
won. Hilly S second , AV U third. Time :
1-JHV4.
Third rnce , six furlongs : Keil John won ,
Canvass second , I'anway third. Time : 1:1S : % .
Fourth race , one mile , free handicap :
Hartford won. Darkness second , Quesaun
third. Time : 1:47 : . .
Fifth race , five and a half furlongs :
Julia O won. Lady Klfhtnond second ,
Shadow nance third. Time : 1:1114. :
Sixth race , one mile : Our Jlu Rlo won ,
Tl-- Jove second , Hess McUuff third. Time :
1:18. :
KANSAS CITY , Oet. 2.1. First rnce , four
furlongs : Moloch won , Hubert O'Neill second
end , Hnbblt third. Time : 0DOU. :
Second race , live and a half furlongs :
Victor II won , Arkansas Traveler second ,
I'rospect third. Time : 1:11 : Vt
Third rnce , five furlongs : King Craft won ,
Xingara second , lien K. Wilson third.
Time : 1:01 : ,
Fourth rare , four furlongs : Hubert O'Neill
won , Sirock second. Sum Jones third. Time :
0:51. :
0:51.Fifth race declared off.
NASHVILLE , Oct. 2o. Cutnlifrlaml Park
results :
First race , thre-iiuurtcrs af n mile : Georse
T won , iletropole set-ond , ( juickalep third.
Time : 1.14 % . i.e
Second ruoc. seven-eighths of a mile :
Ilnrry 1 , won , Marcel second , Uankrupt
Uilril. Time : l:27 : 4.
Third rnce , five-eighths oC a mile : Kenntid
won , Adahfer second , Ilalzeur thlnl , Time :
l:0rt4. !
Fourth rnee. mile and one-sixteenth : I'oy-
tonln. won. Henry Jenkins * second , Clemen
tine third. Time : 1:48- : % .
Fifth nice , six and u half furlongs : I'rlme
Minister won , Mmiuon pecond , Nelly Os-
berne third. Time : l S i.
DltlVINCi AT CHUKCHI 1,1. IHMVX3.
Crowd l.arco and Spurt Kxeelleiit I'ljlnc
.lib Lower * Illn lEecoril ,
LOUISVILLK , Oct. 25. Today's sport at |
the Downs was { rood , and the crowd the
largest of the meeting , between B.OOt ) aJid
r ,000 people being present. The management
of the association is very much elated over
the success of this , the Initial , meeting.
The weather wns tine und the track slow.
Flying Jib went an exhibition mlle In : W.fe
which , considering the RluwnesM of the
track , -wu.1 equal to a 2OOV : clip. McDowell
experienced considerable trouble in gelling
him down , liy quartern : 0:30H : , IW& ,
l:3li : , BK1H. : Hobert J tilso paced an nt
bition mile. He broke at the three-quarters ,
Mulshing the mile In 2:07 : flat. Time by quar
ters : 0JIV4 : , 1:02. : 1:30. : 2OJ. : After await irof
thlrly minutes , fleers sent him out for in
other trial , liul was unahle to Oo any ter
lhan la Ihe llrst one- . Thicitiartera In the
second trial were : 0:32U. 1:03'.4. : l35Vi ; , 2 : ; 07.
Sable Gift took tlie last three heats In the ;
postponed 2:11 pace- , winning easily. Itex
Amerlcus captured Ihe llrst race1 on today's
can ! In straight heats. The seeond event
went ( o Marl In Box , who uon In nlralght ;
heats in clever style. Tomorrow Alls will
go a fast mile , llesults :
First race. 1:11 : pace , purse JSO ) ( postponed
from Wednesday ) ; Sable Olft won the third
fourth aiul fifth heats and race In 2U'i. :
2.IS , 2:16',4. : Kelly O won the second In 2:17 ! :
and T < xl Crook the llrst In 2:11. lilalrwood ,
V'pnlure ami Itokeby also Blarletl.
Second race , 2:17 : class , trotting , purse tSOO :
Ilex Amerlcus won Ihe race in three straight
heats , Time ; 2:13W. : 2:14. : 2:13 : 1. Autrain ,
Wheutland , Onward , J McK , Helen Ley-
burn. Itoxana. niack Raven , Blminonetle : ,
Orliina , AKenlto mid Palatine also started.
Third race , 2:1 : $ class , pacing , purse fO < > ) :
Martin liox won tlireo straight heata and
race In 2.1S'i , 2:17'i : , 2:18. : SaJlle Hronslon ,
Ilrlght Light , Charlie U ami Pretension also
started.
Third Ituuml nt Clieu.
NEW YOUK. Oct. 25. The third round of
the masters' chess tournament was played >
tit the Union Square hotel today , the result i
being na follows : Hulpern aKUltwt no -
grodsky , SS moves , draw , French ise :
lialrd against Slelnltz. 42 moves. KtelnlU
won , Ituy Lopez ; Uoamora against Uulmar.
10 moves , Dvlmar won , French defense :
Hanham ag-alnut Albln , 31 moves , Hanham
won , two knights' defense ; Showalter
against Hymed , 31 moves , Showalter won ,
Ituy Ijopec. 1'IIUbury had a bye.
'
Miiy et Tlirc Venrn.
NEW OULKANS , Oct. 25. Bernard Klotz.
ir. , and Clarence Ilouth. have been acquitted :
by the Jury of the charge of shooting ; presi |
dent William A. Scholl of the Olympic club
some months ago. Iterntrd Klotz , Jr. , wai
found guilty on the second count. The ex-
trema penalty U three yean la the penl-
Unitary.
Directors Taken by Surprise bj the Action
of General Ttacey.
PROTCCTIVES SECURE AN ORDER OF COURT
JiiilRO roitrr Icclare Hilt tlio VeilingStlwt
1'rocreil nil the Ciimulnltvo I'lnn or
Not nt All Mnrrljr a , Tempo *
rary AuviinlagG ,
TOPEKA , Oct. 23. The protectlves , headed
by General Tracey , havp > scored the lltet
point In the Santa Fo light. Their advantage
may be only temporary , but It la a decided
one lor the time being. They have tied the
har ot the majority by an Injunction which
der the use ot ( lie cumulative system
ofmil voting. If the general reorganization com-
mil tee represented by the board ot directors
refuses to adopt the cumulative system then
the court's order forbids an election until a
hearing on the Injunction takes place. The
time set for this hearing Is October 29.
There will In any case bo no election of di
rectors today , for the directors' committee
has ! decided to resist the cumulative plan of
voting proposed by the protectlves , who are
In the minority anil have no hope for a rep
resentative on the board except under the
system In question. The order from the
United Slates court Is thus In force. The di
rectors" committee will make n strong re-
slsterice to the restraining order on Monday
next.
next.The
The restraining order Issued
. . was by Judge
Foster ot the United Stales district court late
last night. The movement lo obtain Itwus
a bit of strategy by the protectives which
the opposition did not anticipate. They looked
for _ a. fight llrst In the meeting and for legal
proceedings ( next. Under cover of darkness
and a closed carriage ex-Secretary of the
Navy Tracey and his fellow representatives
of Ihe protectives- went to Judge Poster's
residence last night. So quickly was this
mission performed that little ol a definite
nature leaked out till Ihe day for Ihe meeting
ttawneil and the many thousands of shares
were being bundled together by the directors'
committee for the purpose of carrying out
their plans.
HEADED OKIAT THE START.
At 10 o'clock sharp the room of General
Manager Frye In the Santa Fe general office
building was packed with the representa
tives of the present management. Vice
President Itoblnson anil Director Gleed wete
seated at the table conning the Injunction
papers that had been served. In a few min
utes Mr. Hoblnson declared the meeting
ready for business. Secretary Wilder read
the 'call , and Immediately thereafter Air.
Hoblnson announced aa a committee to take
down the proxies and see who was entitled
to vote. Charles Illood Smith , James Walker ,
Jr. , and George VC. Porter. Newman Erb
strongly objected because the protective com
mittee was not represented , and moved that
Henry Woolman of Kansas City be added.
A dozen tried to get the chairman's atten
tion after the motion was seconded. Mean
while Director Gleetl moved to adjourn to 2
o'clock. The motion to ndd Woolman finally
carried , and the adjournment was taken.
The committee on proxies will report at the
afternoon hour of meeting : .
The general committee Is confident that
tlie restraining order gives the protectlves
nothing In the way ot permanent advantage.
They declare that they are sure ot winning ,
and are carrying out the plans of selecting
the present directors without the proteof0
lives having a- single representative on the
board. They declare that all the talk about
the expiration ot the Santa Fe's charter Is
simple' In the extreme ; that the company Is
operating under a charter granted in 1859 ,
unlimited as to time. They further declare
lliat the cumulative plan of voting was
brought up years ago and declared to he
inapplicable to the Santa Fe's voting system ;
that this decision was reached by unanimous
consent of the ablest counsel Irr the Santa
Te's -employ , and also that the settled policy
of the company has been llxed against the
cumulative plan.
Newman Erb , attorney for the protectlves ,
will not do much talking. II ? says thai he
will leave for New York and that the local
attorneys will look after their side of the
ease at the luarlng on Monday.
The session of the stockholders this after
noon will be formal and will merely elect a )
chairman of the meeting , who , it Is agreed I , |
will be Hon. Thomas A. Osborn , ex-governor.
After an hour's session thla afternoon
Thomas A. Osborn was elected chairman
and the meeting adjourned to 10 o'clock
Thursday , November 1.
Considerable bitterness was displayed over
the election of a chairman , the protectlves
clalmtig that the rules required that the
vice president preside. The committee
showed that Vice President Robinson was
obliged to leave Topeka and that therefore a
chairman could be elected. Newman Erb
introduced a resolution that the federal court
bo asked to appoint a committee to Invest.-
gate the company's affairs ami report to the
stockholders within about thirty days. Thla
resolution was shut out by the passing of
the pending motion to adjourn made by Di
rector Gleed.
D. P. Cheney. ] r. , of Doston , the repre-
( tentative of 19.0U shares of stock and the
largest Individual stockholder , said the i i
present board would concede mothlng to I
the. protective committee.
"Thla injunction , " lie said , "Is undoubt '
edly sprung to compel us to give representa
tion on the board tn them , but we will not
do it. Wo will not compromise or make |
concessions to them. "
| ] far the most
y Important point from a
railroad standpoint that has developed BO
far Is that the- general committee , It It wins
this fight , will make n. P. Cheney , Jr. , chair
man ot the bimrd. This IR the highest ex
ecutive position on a railroad , and Is always
held by men of high financial standing.
Cornelius Vanderbllt is chairman of the
New York Central board , an olllce higher |
than the presidency held by C. M. Depew.
LEADERS OF TIIK I'ltOTRCTIVES.
The petition for the injunction was Hied
by Benjamin F. Tracey and Newman Erb edof
New York , Henry Wollman of Kansas City ,
Williams & Dillon ot Topeka. all solicitors
for William Palmer Smith of New Jersey ,
complainant. The defendants are hem
Atclitaon , Topeka & Santa Fe Ilallroad com
pany of Kansas City ; D. I ) . Iloblnson mf
Chicago , vice president ; Edward Wilder ot
Topeka , secretary ; and L. Sevcry of Ein-
porla , C. S. Slecd and Cyrus K. Ilolllday
of Topeka , Edward J. Borwlnd of Philadel
phia , Samuel C. Lawrence , George A. Nlck-
Erson , Alclen Speare and D. P. Cheney , jr. ,
of Boston , and Thomas P , Fowler , William
L. Dull. John A. McCall. James A. Blair
and F. K. Sturgfs of New York , all directors.
The petition seta tor tli that In 1S7C , the
Kansas legislature passed the cumulative.
voting law , giving to holders of stock
In Kansas corporations the right
lo cast all their votes for one
director , that is. the number of votes to be
cast on account of each share of stock tote
be multiplied by the number of directors tome
be elected and all of such votes glv n for one
director ; that the law was amended In 188S
as follows : "In all elections for directors erich
trustees of any Incorporated company each
shareholder shall have the right to cast as
many votes In the aggregate * as shall equal
thu number of shares so held1 by him or her
in ald company multiplied by Ihe number
of directors or trustees1 lo be elected at such
election and each shareholder may cast the
whole number of votes either by person theor
by proxy for one candidate , and such
directors or managers shall not be elected In
any other manner. The petition
than Eaya : All of the said defend
ants deny to your orator the right to vote
hla stock In accordance with the said
statute above copied and your orator fears
that said defendants last named will control :
the majority of block at Ihe sold meeting-
and by reason thereof will be In control Ingof
said meeting and election. And your orator
further states that said defendants last
named ( the present directors ) have com
bined and federated together for the pur *
pose of preventing your orator from voting
his Raid stock In the manner Indicated and
prescribed by said statutes above set forth
and your orator further states that In the
event the said defendant * , last mimed shall
have the majority of said stock and shall
be able to vote the same at said meeting ai
claimed by Bald defendants that then your
orator wilt bo deprived of bald rights under
the said statutes unless said defendants are-
restrained and enjoined by the order of thli
honorable court. "
Directors Uenvlnd , Dull , diced , Lawrence ,
i r
Dlalr , Cheney , Fowlir. MeCall and
wtn never elected T y the gloekholders , bul
were placed In offlcf' 'through the resigna
tion of former dlreqtor i mid have combined
and confederated for the purpose of perpet
uating themselves Ih Wee.
CJAI.LIMI | fj. PAHNKS.
I.ucut llnilronil AgJ-ntk' < t k < t to Comply
ivIlli thn l.Htn Agrrcinrnt.
The pjss agreement- which wn adopted
at the meeting of western and southwestern
railway lines at St. Loujs a fortnight ago and
which has since r jc lved the endorsement
of the executive conimttee | , ID giving no end
of trouble to rallroail nien In ( his section.
Ono road received a' ' telegram from Its gen
eral manager yesterday calling In all the
trip passes In possession of the local odlce ,
while another general agent received Information
mation from the general passenger agent
that no trip passes must be Issued to secure
' or influence business In any w y.
Ordinarily the piss agitation has not come
up until January , but the representalives of
the lines , members ot tliu association , have
taken the bull by tlio liorns and evidently
mean to give the pass question a fair and
Impartial trial. "Why the heads of the pas
senger and freight , departments should com
mence to pull In passes nt this timeIs ono
| of the questions part solution. " said a well
known passenger agent. "It will make
enemies for our road and will do little good
In the long TUB. I nni heartily In favor of
dolni ; away with the trip pass , but I be
lieve their abolishment should not bo done
hastily. What will prevent a railroad de-
Hiring to Issue u pass from fllvltig an annual
and dating It before
tlio pass agreement was
adopted ? Should any question urlse the rail
road man could easily state that It had gene
out long before the pass proposition was
over thought of. "
The oxcutlve committee of the western
nnd southwestern lines Is in session In
Chicago now , J. A.Miniroe. . freight traffic
manager , represent Ing the Union Pacific In
the meeting. The Simla Fo , It is under
stood , has abandoned the Issuing ot time
passes or mileage books , and the road In
sists upon other lines following in their
footsteps. However , the people who have
been the recipients of passes In the past
nro denouncing the action of the roads and
a parrot of a time Is anticipated by freight
nnd passenger agents tn the very near fu
ture.
WAITING FOK TIII : JOINT TAKIIT.
llnrllnctim Cntu Cannot llo fniili > cl liy thn
Northern 1'iiclllr .lust Vol.
TACOMA. WashM Oct. 25 The Puget
Sound agent of the llurlliiRtoa road has a let
ter from Ilia general freight agent stating
that thcro Is a delay In arranging the de
tails of the new Joint tariff with Ihe North
ern Pacific and lliat ho cannot tell Just when
It will be ready. Two hundred Uurllngton
freight cars have been turned over to the
Northern Pacific and are cnroiite to this city
loaded with I'aloitsc district wheat. They are
to be loaded with lumber and shingles for
points on the Burlington Hystem. A number
of mill men are ready to load cars , but all
applications have been refused pending the
arrival of lho joint tariff. Assistant General
Superintended Dickinson of the Northern Pa
cific says the Burlington connection will en
able I'uget ' Sound manufacturers to compete
for the Immense territory tributary to the
Iltirllngton , north acid west of the Missouri
river , which has hitherto-been had by Oregon
manufacturers , shipping over the Overland
route.
McNeil ilruw * < tvuflrloui ,
POHTLAND. Ore. ' , Oct. 23 Receiver Mc
Neil of the Oregon'llall'way and Navigation
company has under consideration n project
. for ( Ito establishment ot a steamship line
between Portland and the Orient. Negotia
tions In thls-dlrcctlon have not as yet pro
ceeded far , although definite information will
not be given out by'tlio Officials , but they
make no secret of' ' the fact that such a
line is a part of their plans for holdIng -
Ing up tbo local And through busi
ness. The traffic ngreenlEat with the Great
Northern < gives the Oregon Hallway and' ' Navi
gation ) a-ithrpugb Una .fot.tho cast. . Whether
the Union Pacific , will Join the Oregon Rail
way : and Navigation company In such a propo
sition Is unknown. It would bo c.early to Its
benefit unless it is so tied up with the
Soulhern Pacific on account of the Oregon
conectlon that It Is unable to handle Oriental
freight via Portland.
Tilt thn rut Itutc Into KnVct.
CHICAGO. Oct. 25. Th Illinois Central
road put Into effect its rate of ? 100 from
Chicago to the Pacific coast via New Or
leans. This action clearly puts the Illinois
Central In contempl ot the oKreement of the
Western Passenger association , but there ia
a tacit understanding that the association
will allow the rate to stand until it Is demon
strated whether or not it will tend to dis
organize the business ot the other association
lines.
( Mil K-itlwuy < : iiltn Scttlud.
NEW YOIIK , Ocl. 25. The Minneapolis &
St. Louis Ilallroad company has pa'.d to K.
P. Flower & Co. * as financial agents of the
Chicago , Hock Islam ! & Pacific Ilallroad
company , Jt.000,000 , being the amount due
the. latter company for equipment bonds of
Ihe Mlneapotls & St. Louis company held hy
the Rock Island. This payment was pro
vided undjr the reorganization plan and sct-
ties a clam ; of long Rtandlng.
rxroptml tn tlin Miistor'A llcpcirt.
PHILADELPHIA. Oct. ' 25. Couns-el for
Isaac I. nice today filed voluminous excep-
tlons In the' United States circuit court to the
fortieth report of Special Master Crawford
which recommended the dismissal of Rico's '
petition for the removal of the Heading re
ceivers , etc. The petition was flleil on be
half of himself and other creditors of the
IrHeading for Intervention In the Platt forc-
i closure suit.
Mui KrunclHco Kiectlnii I'liHtponod.
ST. LOUIS , Oct. 25. The meeting of stock-
holders of the St. Louis & San Francisco ,
which was to have been held In the com
pany's office In this city today , was post
poned until next Tuesday. This action wa *
taken to await the results of the Atchlson
election , which may take plaw at Topeka ,
Kan. , next Thursday.
Indiana IViint Their CJlfl Hurk.
TUSKOHOMA , I. T. , Oct. 25. A big
scheme is on foot to dispossess the Missouri ,
I Kansas & Texas railroad of nearly 1,000,000
acres of land held as right of way thj-ough
the Choctaw nation.A strong lobby Is here
to get the Choctaw council to pass a bill
defining the right of way and lo cut It down
to 1 33 than one-half.
Itnlliriy I > i > tp .
Tlio auditing department of the Union Pa-
clflc will shortly rtfdnce Its force , two men
having been Informed that their services
would not bo required , after this , month.
Erastus Young , auult'or of Ihe Union Pa
cific. Is In Chicago' In 'attendance upon the
Biannual meeting of | tlio National Association
of Railway AccountUiK Offlcers , of which ho
is vice president.
Secretary Davidson of the > local passenger
association has called : X meeting of the "low
Joints" for Saturday afternoon , ut which
time a new secretary Is to be elected , Mr.
Davidson having Held1 tlie office lor six
months. Mr. James -Mnnn of the Klkliorn
will bo elected to Uij-jiosltlon. the Klkhoru
and Burlington alternating In holding- the
secretary's office. ' " ' '
Wednesday the ITnlbiw Pacific ran a special
train from StromBbqrjri to Lincoln for tlio
benefit of people Hying i.t and between these
points who desired a * day's shopping In the
Capital City. U Is'feald'that nearly 800 peo-
pla were carried to Lincoln , the excursion
beliiR an Immense success , SlromBburg ; and
vicinity Is entirely tributary to Lincoln ,
which accounts for the TJnioa Pacific running
the train on thla branch. Instead of to Omaha.
Coniiintptlon Cure < l.
To the Editor : Please Inform your reader *
that I have n , positive remedy for the above
named disease. By Its timely use thousands
of hopeless cases have been permanently
cured , I shall be glad to send two bottles of
my remedy free to any of your readers who
have any Lung Trouble or Consumption
symptoms , If they -will eend me their ex
press and postofflce address. T. A. SIocuui ,
M. C. , 183 Pearl alreet. New York.
Futul Hallway CollUlon In Itiutlix.
BT. PKTKIISHUIIO , Oct. 25. A collision
between two freight trains has taken place
near Prybltkowoi station on the Kostoff Wor-
Don't pay any attention to this
Unless you want a $12 suit for $6.50.
The pick of over 350 suits from some
of the finest all wool cheviot sacks
made will be in one lot tomorrow to .50
stir up the business at less than half
former price t
These suits will advertise us ,
You will buy one so will your friend
TOMORROW.
H. Cook Clothing Co ,
successors to Columbia Clothing Co. ,
13th and Farnara Streets , Omaha.
renosh railroad. Twenty-two cars were de
molished , ten trainmen were lillled and a
quantity of benzine was exploded.
xr. MISTI \ < IT .
Prof , rick.irlnj ; Think * it Vm > iit tlie liar.
vnrd Obseriutiiry that I\IIK Snukod.
IIOSTON , Ocl. 25. Prof. Pickering of the
Harvard observatory was asked to give his
opinion on the report that the Harvard astron
omical station at Arequlpa , Peru , had been
sacked. He said that he could not verify any
reports. The authorities In Cambridge sel
dom have any telegraphic communication with
the station owingto the fact tint it costs
some $3 for each word.
"I Imvs hopes , however , " he said , "that the
port as published is illHtorlcd by being
mndled about from one country to another ,
think that the station that has been sacked
Is the ono on 131 Misli and not tlmt at Are-
.ulpa. This station Is extremely Important ,
or It Is the highest meteorological station In
he world and observations tiiiidu there h&ve
.Ircady been very valuable. The losk of what
nstruments there arc there will not amount
o much as far as actual mcney goes , for
he Instruments would only cost a few hun-
reds in America , but it would nevertheless
IB a great loss to have any ot theseIn -
trutncntH stolen , because II la with the
greatest difficulty lliat anything can be car-
led there.
The atmosphere Is BD rareon the- summit
hat nobody can pretend to live there. So
hrce limes a. month somebody gcoj there
. 'rom Arequlpa and takes a. record of all the
work the automatic Instruments have been
doing In the previous ten days. I'rom these
. 'acts you can readily underhand that the
sacking of lliat station would be a serluus
event. "
o.v jioumntKn imtxur.
I'anpor , IaH | 1'utitii ! ; tlio Dlnliiiu * lluuto
with llio Cnsh or IiiimlcriilloitRccitn. .
POUT TOWNSKND , AVash. , Ocl. 2.I. The
cuHtunis and immigration officials here have
discovered a scheme whereby It Is estimated
th t GOO pauper Japanese have been admitted
this year. The only restriction to Immigra
tion la that each applicant for admission
shall possess $30. It now develops thut when
a party of pauper Japanese arrives In Vic
toria they are met there by agents from this
aide , who supply each with $30 and a ticket
into this country. Upon arriving here the
Japanese are taken to the customs house ,
examined and as each has they requisite
amount the party Is passed. Before starting to
Interior points the money la refunded to the
agent , who crosses the line again lo await
another batch ,
The discovery of the statemi-nt Is second
only to that made during the term of ex-
Collector "WasBon when a party of twenty-
seven Japanese applied for admission. They
were lined up In a hall outslne the. collector's
office and were called In and re-examined
separately. An Inspector standing near hap
pened to see one giving money to another
and , suspecting fraud , had the entlro party
taken before the collector In a bunch , result
ing In the- discovery that there was bul $30
among the wholecrowd. . As a consequence
the whole crowd except ono were bundled ( j
back to Victoria , where the agenta evidently
concocted the scheme , recently unearthed.
A FT Kit Tll'JiX'J'V r/i.l/.S > HKAKV11.
L'omul IIU Ill-other Mekn-Kt Without Money
mul Took Him lloiiii to I.lvn.
KANSAS CITY , Mo. . Oct. 25 , For the
last twenty years B. R Stapley , a wealthy
resident of London , has been looking for his
brother , James Stapley. Me advertised for
him widely and engaged detectives to aid
him In the search. Recently Mr. Stapley
sent his two stepsonn to this country to con
tinue the toarcli. They Inserted advertise
ments in the newspapers and notified the
pol I co of all the large cities In the country.
After a short search Chief of Police Hpeers
located Stapley in this city by Inquiring
among the Kngllnh residents. Ho Is sick
and poor , and for name time has made his
home with W. W. Taylor , a contractor. Mr.
Stapley will return tu Rngland and lire with
his brother.
New Truck .MlIn Itcroril.
CHICAGO. Oct. 23. Galen Ilrown' * colt
Libertine established a new world's circular
track record for a mile. Carrying ninety
pounds , ho covered the distance In 1.38 % . or
ono-fourth of a second belter than the record
held by Arab and Ducat.
Acquitted I ho Hey ut Murder.
NASHVILT.R. Tenn. . Oct. 25 , The trial
oC Van K , Prltchett , charged with the mur
I
der of his father , Clark I'rllchett. July 2 last ,
resulted today In a verdict of not guilty ,
Prltchett shot his father while the latter
was advancing- a threatening mail nor
toward Ills mother.
XlIllIiK rjl.lllft O.V TIIK N.I.V/W ,
HOIIM nf an Unlucky 1'miipeelur Found on
tlin DcHert In Callfiiriiln. .
SAN nKUNAIlDINO , C.il. , Oct. 25. The I
bones of another prospector have been found
out on the desert sands. It la not Improb
able th.tt the remains'are those of a man
who lost tils life while searching for the
long lost bonanza , the "Peg L R mine , "
J. T. and T. T. IJlatr of this city have just
returned from a summer's prospecting trip
on the desert and they made tlio discovery ,
\Vhllo out on the desert aboul sixteen miles
scattered bones of a man , blenched white
east of Canon spring they came upon the
nnd scattered over a epaco of 100 y arils
square. Lying- here and there on the sand
were pieces ot the dead man's wearing ap
parel. To one of the lapels of the coat was
pinned a curiously wrought Knights Templar
badgo. It Is tli on Kht the bones are those of
a man named Straubenmlller who disap
peared about three years ago and ot whom
nothing has since been heard. On May ,
1S9I , Straubeninlllcr started from Cottonwool !
Springs to Walters , a station twenty-five
miles distant. At the mouth of Cottonwoad
Canon , Instead of going southwest , Strauben-
mlller turned cast , nnd a few days later ho
was IracVed about twelve miles out on the
desert where the trail was Idst and he was
never again seen.
fen A LOST
Sovciily-lliotiHiiml-PoIlur Kttiito Dirlmllml
DIUHI tu I'raclli-all.v Nothing ,
SAN FRANCISCO. Oct. 23. What became
of the (70,000 ( estate of Mrs. Sophie Dill I is
the subject of an Inquiry In the probate de
partment of the superior court. Mrs. Dall
died twenty years ago , her estate comprising
stocks and cash , eaxily handled , which was
left lo her minor ton , bul given In trust to
her brotlver-ln-law , John II. Dall. In case
of the son's death the properly wns to be
divided among Mrs. Dall's three slaters , one ,
Kmnia Comptoti , residing at Plalnnehl , N.
J. Young Dall died eighteen months after
Ms mother. The uncle applied for letters of
administration , stating to the court that tlie
only heir ot the youtig man wns his grand
mother. Susan Dall of Ilrooklyn , who -was
00 years old at that time. Then John II.
Dall , at * attorney In fact for Mrs. Susan
Dall , gave to himself as administrator a re
ceipt for property composing the estate- , lie
died himself , January last ; leaving a fortune
In worthless notes and wildcat stocks nnd
$10 In property. Hy his will this was left
to I'wllzabath Dunn , a sinter living In New
York , and Susan Drown and Francis A. Hal-
Bcy , half sisters , living at Ilrooklyn. The
eastern heirs are now trying to trace the
orlulnal fortune.
IlK.t IT fAIl.l'lCIl .IT .S.I/.T T.AJfK.
N. I * . Tratlcl Sou * AHHlgnI.lulillltlnn Kant
Up B0IOUI ! ) .
SALT LAKE. Oct. 25. S. P. Teadel & Sons ,
well known merchants of this city , made an
assignment yesterday. The liabilities are over
$200,000 , Assets not yet known. The assign ,
mcnt caused A sensation In business circles
and la considered oneof the largest and
farthest reaching failures in the history of
Utah. The list of credltars shown a wide
range. Including Doston. New York. Chicago.
SU Louis. Omaha. San Francisco and many
other cities. The house was opened In 1810.
The troubles of the linn are duo in part lethe
the Imrd times but primarily to the fact
that it was Impossible to collect from parties
who had been trusted for merchandise , Home
of them years ago. J. K. Dooley and J. 1C.
Ooghegan are named as assignee. : ) ,
llnflinen Hick nn Cuimilliin Ihitlnt.
DAY CITY , Mich. , Oct. 25. A number of
gentlemen Interested In lumber rafting met
horn to consider the Imposition ot a 20 per
cent duty by the Canadian government upon
boomutlckB , upon which a tariff of 20 per
cent Is Imposed every time they enter a
Canadian port. A committee of lumbermen
was appointed to Interview the privy council
at Ottawa. 1C no relief Is granted , they will
try tu secure a retaliatory act through the
next congress.
I'otrilled .Man In a Sulphur Spring.
NEOS1IO , Slu. . Oil. : 25H. . W. Knotts ,
living tn this city , while cleaning out a sul
phur spring : this morning , found a petrified
man with every part of the body perfect ex
cept the Ktonucli , The body was over six
feet and l Hupposcd to huvo been , burled
during th war.
DAILY CRIST OF HOLD-UPS
Gibson Station Looted in the Host Approved
Fashion ,
RAILROAD ' TRAINS ALL HEAVILY GUARDED
I'coiilo nt Indian Territory Tlicitouglilf
Aroused nnd .Armed llimcls Out limit
ing the Itnmllm Itnttlo with
J ho in l : xiovted Snon.
FORT SMITH , Atk. , Oct. 25. A report
as reached this city to lho effect that the
ttle town of Gibson station has been robbed
i pretty much the same fashion as the
Vatova holdup , the express olllce and several
tores being looted. The place is six mllou
outli of Waggoner on the Missouri , Kansas
& Texas , anil there la no telegraph office
here. Particulars of the robbery have not
n received here. It Is lilted that atx
ncn took part In the holdup. Marshal Orump
ecelved a telegram yesterday from Deputy
< amblon , who hail gone In pursuit of the
Jook gang , saying that a fight between the
dltH and ollleers was expected at any
line , The latest robbery reported hero up to
his morning was tlmt of a preacher last
light at Illinois s.tation , perpetrated by two
lu'ii. It Is not known how much was se-
iiircd. The train from Waggoner , which ar-
Ived hero at 1 o'clock this morning , -was
guarded by 11 force of twenty-five men under
ho leadership of Sheriff Ilrown. The same
posse guarded the westbound train , leaving
licro a few hours later , and u-ere rclnforceil
jy twenty-live others at Kennetla , as the
allroad people were expecting a holdup at
lllnolB slntloii. The Cook gang is supposed
o be In that vicinity , as ten men were seen
at the water tank there when thu euslbound
rain came through. Conductor Conkllng
was on the lookout for a holdup ut Ilraggs
and later at Illinois , hut ho came through
all right. Me reports the whole country
as up In arms ami on the hunt of outlaws ,
saying ' there are fully 1,00 men In the chase ,
'till Cook la to IM ? shot on sight.
All day long the marshal's olDce has been
expecting a telegram from lho deputies in re
gard to a fight with the Cook gang. About
150 deputies have been ordered to filbson by
United Stales Marshal Crump to participate
In the chase lifter the bandits , Gibson la
the place Cook-haa heretofore , made his head
quarters. There Is little doubt , however ,
that his gang hast scattered , learning of the
coming of the deputies und Indian police.
Indian Agent Wisdom liail the Indian police
join In the &earci ) along with the deputies.
Troops would bo useless In the territory , ex
cept , perhaps , cavalry. The Cooks have to
be tracked , and the country Is filled with
many of their friends ready tn give tliu
alarm. The chief of Ihe Cherokee Nation
has offered a reward of (500 for Hill Cook.
A dispatch sent out from Tahlequah a few
nights since Haying that Jim Cook , the
young brother of Hill Cook , had made hla
escape from the Cherokee guards , IH a mis
take. Four guards have him Jn charge. They
got Bcaretl the other night , and fearing * the
Cooks would suddenly close on them , they
changed the guardhouse and gave out the
Btory Dial Jim Cook had escaped. U was u
ruse , It Is now only a matter of a few
houra until the last U heard of the Cook
Rang , as a fight or capture U Imminent ,
No M'umtpr llu Dliii : > pmin > il
C'A.MAHGO , III. , Oct. 2ii. Dr. J , M , Cor-
Kendall , a prominent pliynlclnn , imn tlinap-
penrcd. Ho Is accused of forging nevem !
notex. efldi for a IHTKU amount. Thw total
umou.nl alleged to be furgc-il Is about } W,000 ,
LOVE
often OeiH-nd * on beauty. The losu of < m meani
Ui lo a of tin * other , ( imy li.ilr l FcMoni tiei.u <
tllul. llulnKt li.ilr , utreaked nnd patchy from
tliMcliliiK never In
IMPERIAL
Hair Regenerator.
perfectly rmtores a rich , lu lrl ui color , make *
tlie tmlr lirullhy. unit In clean. Hit-aniline' , alt ,
or TurkUli loitliM do not affect It. II U u tut *
uiul as nature. Duti'dlon. luipouBlMv , Hook about
U ttrr.
IMl'KlllAb CHKHIPAU MfCI CO. ,
292 Fifth Avenu. N. Y.
Bolt ] liy Kliennnn & McC'onntll , UU t > vJc 8C ,
Omaha , Nebraska.