THE OMAHA DAII/Y MOW : WEDNESDAY. MAY 1. 1S05.
therefore the bondsmen are not liable. It
hn been held , however , that the auretlM are
responsible , even U the principal did not
lgn the bond. But that Is purely a question
of law to br decided later on. Hut the stale
says that Mill did sign the bond. It was a
blank printed bond. Ho took It and wrote
on the body of It "We , John K. Hill and
others , do undertake , " etc. In the eyes of
the law It makes no difference whether he
wrote hU name at the top , In the mlddU or
nt the end of the bond. It was signed , signed
by his own hand and pen.
Hill had then taken that bond to the secreov
tary of state and said "this Is my bond , " and
the secretary of state approved It. If that
was not a Rood bond his office was vacant ,
and he sat there two years handling millions
wlllch he had no business to touch. If that
was not a Good bond Hill had acted a most
dishonorable part.
While It Is true that public officers at times
receive checks , drafts and certificates of
deposit , that fact does not Invalidate the law
of the land , which Is that they do so at their
own risk. The treasurer of the state Is ac
countable for every dollar that comes Into
his hands , That will b so held by this
court. On whom , was the risk when Hill
deposited that $285,000 ? Upon Hill and his
bondsmen , The state Is not prosecuting Hill
and his bondsmen criminally. U only says
you and your bondsmen are liable for the
amount of that money. Again and again the
courts have held that when the treasurer of
state or county docs anything else than keep
the state's money In the vault In the room
below us ho docs BO at his own peril.
It would bo shown to the jury that for
nearly a year prior to Its collapse the Cap
ital National bank was practically Insolvent.
Out that had nothing to do with the case at
law. Ho has as good a right to deposit the
etate's money In an Insolvent bank as In a
sound one. It can be no defense that the
bank was sound , oven If It were. Ho put
the $285.000 In a bank at his own peril , and
the bank failed.
The state will argue that the state depos
itory law cuts no figure In this case. That
not went Into force subsequent to his transfer
of state funds to Hartley. The law as It
existed at the time of the alleged transfer
Is the law under which this case la to bo
tried. If the court shall tell thi Jury that
the depository law released Hill's responsi
bility It can do nothing but find for the de
fendant.
Judge Wakeley closed his opening with the
remark that ho should probably hav more
to Ray Incidentally as the case progressed.
I'rlor to the noon recess Judge Broady , special
counsel for John E. Hill , paid that he would
make a separate presentation of the cas ; of
hit client to the jury.
OI'KNINO OK THE DEFENSE.
Attorney Itlnakcr for the defense followed
Judge Wakeley at the opening of the after
noon session. He * ald that the defense would
prove that Captain Hill had honestly turned
over ull the money belonging to the state In
hla possession to the newly elected state
treasurer , Hartley , nnd had secured a full
receipt for the same.
ninaker claimed that the bond presented
by Defendant Hill to the secretary of state
was In an Incomplete condition , that It had
not been signed and was , therefore , not bind
ing upon any of the bondsmen. It made
no difference , Hlnaker claimed , why the bond
had never been signed by Defendant Hill , It
might have bien political excitement which
prevented him from doing so , It might have
been something else , at any rate It was not
ulgned by himself when he entered upon his
Bccond term of offic ? . Hill , Hlnaker said ,
had received no cash when he settled with
himself at the close of his first and begin
ning of his second term. He had taken
checks , drafts and certificates of deposit , the
same as ho had turned over to Hartley. In
short , lain than 1 per cent of a.ll the business
done by Hill for the Btato was transacted
with cash. That was the cuttom. Never
would there have been any question raised
concerning the legality of Hill's proceedings
in his settlement had It not been for the
collapse of the Capital National bank. When
Hill had succeeded Treasurer Wlllard the
latter had turned over to Hill certificates of
doposlta on several banks and a credit In
the Capital National bank of over $200,000.
Illnnkcr dwelt for some time npon the un-
contradlcted fact that It had bcn the cuttom
of all preceding state treasurers to deposit
money In banks , draw Interest thereon and
turn the credits over to succeeding treasurers
In lieu of cash. Because such had been the
practice and policy of the state from Its
organization , Klnaker held that ex-Treasurer
Hill was within the law when he unloaded
certificates of deposit Instea'd of cash on
Treasurer Hartley.
Up to this day , Hlnaker claimed , had suit
able and safe vaults been provided for storing
the cash of the state. Had Captain Hill
stored up the state's funds In the state' *
vaults he would have been guilty of criminal
negligence. It would have been unsafe and
reckless. The evidence would show that
Captain Hill had properly accounted for all
the money In his charge nt the time he made
a settlement with Treasurer Hartley. With
the exception of the $230,000 In certificates
in the Capital National , all the others had
proven good paper , equivalent to cash. In
the Capital National the state had received
In .exchange for the certificates open credit
on the bank's book for $2SS,000.
HISTORY OP THE DEPOSITORY LAW.
Then Hlnaker went Into the history of the
state depository law. Ho showed that the
Capital National had , under that law , given
a bond of $700,000. It then had the right
, to not only request but demand a deposit
up to the amount of $350,000. The bank
hod been made a legal depository and Ilart-
/ ley's credit of $285,000 was treated as cosh
and turned Into the new depository as cash.
The bank had a good reputation for solidity.
as1 was shown by the number of Its deposit
ors. When the bank had failed the state
hrfd filed a claim with the receiver for the
full amount of $236,000.
Here Judge Wakeley Interrupted by saying :
"I desire to call the attention of the counsel
to the fact that the state did no such thing. "
"Well , State Treasurer Hartley did. "
"That Is true. "
"I will qualify the statement and say that
Treasurer Hartley filed the claim against the
receiver. "
Ulnaker then thanked the jury and re
tired. Judge Broady opened for Dfendant
Ho said that to maintain this action Ua
state must show that there was a complete
bond. That was true so far as the bondsmen
were concerned. With Hill It was different.
Even It the bondsmen were relieved by the
proven fact of a worthless bond , Captain
Hill would still be held for future action.
Ho might still bo liable.
Judge Hroady said that he did not think
the case had been fairly presented as a whole.
For the bondsmen It had been exhausted ,
but It had overlooked somewhat tha Interests
of bis client. Defendant Hill.
Now the truth was , as ho believed , the bond
had not been signed. Why ? At the time
the bond was written there had been great
political excitement and three governors were
battling for ofllce. It had been overlooked.
That was all he had to say about the bond.
But In , iha pleadings of the state everything
turns on the failure of the Capital National
bank. Nothing dishonest or dishonorable Js
charged by the state against the character
of Hill. Ho Is accused solely of having fol
lowed out the example of his predecessors
and put the state's money In a bank for safe
keeping. The state claims the treasurer has
no right to do this. Hut the judge held that
this was untrue. Because when a treasurer
who had put money Into a bank and did' not
receive the Identical pieces of silver , gold or
the name bills back again It had been held to
bo a conversion , a loan. The state was quib
bling. It had secured a credit of J2S5.000 by
certificates of deposit the same as It would
had { 285,000 gold dollars been placed there.
No more , no less.
Defendant Hill , In his answer to this suit.
tolls a. straightforward story. AVhcn he had
succeeded Treasurer Wlllard he had receipted
cot/ro.v .17.0x0 EJ.VK OF ituitnisu.
CERTIFICATE.
, Anticipating the night
of the Subscriber to Participate In
THE OMAHA BEE'S
FREE BOOK
DISTRIBUTION
WEDNESDAY , May 1.
O NE CEimFfcATB. with five
* *
cent * to cover postage , malting and
clerical expenses , entitles the subscri
ber to one volume ( pup-r cover ) , se
lected from the prlntoA catalogue of
the Omaha Ilee Free-Hook Distribu
tion. Send coin ; no stamps. A Dim 1233
Publisher The Omaha Boa ,
BOOK DEPAimtUNT.
Omaha , Neb.
for checks and certificates of deposit. These
he had turned over to old , reliable 0. M.
Hartlett , as deputy , and taH him to run the
office. Hartlett thought everything was all
right. He had been state treasurer himself
and a deputy for many years. Ho had taken
the certificates of deposit from Hill , placed
them In the Capital National and received a
cash credit for them , What else would he
have ' got had lie put In coin or bank notes ?
Hill had taken the precaution to balance up
his various bank accounts and get certificates
of deposit , which he gave Hartley to look
over < for his onn satisfaction. Hartley held
the certificates from the 5th to Ihe 14th of
January , 1893 , and found no fault
save with two smaller ones , aggre
gating ' $10,000. These Hill took back
am adjusted and Bartley receipted
In > full to Mill. Judge Broady dwelt for a few
icmcnts on the unsafe condition of the state
reasury's vaults and reverted to Hill's
[ forts , all unavailing , to secure through leg-
I > latlvo 1 appropriation a better safe.
The whole transfer of the money front Hill
o Hartley , together with Hartley's subse-
, uenl action In securing a cash credit on Ihe
Tllllcatcs , was gone Into by Judge Hroady.
lie time for objecting to Hill's action had
by. Although the Capital National had
roved to bo a great whlted sepulcher , It was
liought at the time lo be
In. firsl-class coudl-
on.
on.MOSHER'S
MOSHER'S CHARACTER SHOWN UP.
Judge Broady showed up Ihe character of
' . W. Moshcr In appalling colors. He said he
ras a man In n thousand and one who might
iot be duplicated In a lifetime. Hut a short
line before the failure he had sat down In the
iresence of Governor Crounso and qualified
n the sum of $500,000. A stalemenl was read ,
ivrlllen by Mosher , showing $1,000,000 do-
toslts In the Capital National , made bul a
liort lime before Its collapse1. This was for
he purpose of showing how others , aslda
'rom ' Hill , Bartley and Governor Crounse.
tiad been deceived * . The defensa would con-
cnd thai Ihe new of slate officials were the
acts of the stae and that the business of
Defendanl Hill had been conducted as other
men conducted business and as the business
if the state had been conducted for years.
Judge Broady's speech was frequently
punctuated with warm roasts of Mosher , and
ic closed with a bitter denunciation of the
man , calling him a rascal and rotten to the
core.
Secretary of State Piper was the first wit
ness called for the stale by Judge Wakeley.
Wheedon , on behalf of Ihe bondsmen , ob-
ected lo the Introducllon of any testimony
md was promptly overruled.
The witness produced a document purport-
ng lo bo a copy of Ihe official bond filed by
ex-Treasurer Hill. Had first seen Ihe paper
January 30 , 1895. H had been In his per
sonal care and keeping since lhal date. The
paper was passed to the counsel for the de
fense and closely inspected , General Cowin
devoting the most attention to It.
E.x-Secret ry of State John C. Allen cor
roborated the statement of Secretary of State
Piper and examined the alleged bond , marked
exhibit A , and Identified his signature on the
document. Did not remember the exact date
on which ho had first seen It. It had come
Into his possession with a number of other
bonds of stats officers. At the lime the bond
was approved there were certain state officers
present , but he could not say who Ihey were.
"Did one or more present this bond for
Governor Thayer's approvaU" asked Judge
Wakeley.
"I do not know. In fact , I do not remem-
her of presenting my own bond lo Governor
Thayer. "
"Wero these bonds presented to Governor
Boyd ? "
'They were. "
'What occurred ? "
'As I recollect It several hours elapsed be-
fo c lioyd was declared governor. "
'Then what occurred ? "
'My memory Is rather Indistinct. "
'What Is your recollection as to whether
Mr. Hill was one of the state ofllcers pres
ent ? "
"We were all rather excited at the time.
I think Treasurer Hill was present and took
the oath of office. "
Judge Wnkeley drew out the location of the
room where the approval of the bonds took
place , but did not succeed In getting witness
to swear that Hill presented his bond per
sonally. Ho was asked to Identify the signa
ture of John IB. Hill. Wheedon objected and
was overruled. Wltnesn was asked to point
out the signature of John 10. Hill In the body
of the bond , and did BO. Witness had no
recollection of the time at which this docu
ment had been handed to him for filing. Did
not know of any other bond having been filed
with him by John E. Hill. Identified John
E. Hill's signature to the oath of ofllc.0 at the
bottom of the bond , but had not been present
at the time It was signed.
Cross-examined by Wheedon , said there was
considerable excitement over the contest be
tween the two governors , noyd and Thayer.
There was n largo crowd nnd many soldiers
moving about the building. Did not recollect
what room the oath of office was adminis
tered In.
Ex-Stato Auditor Tom Denton was called
to testify concerning hie last settlemenl
wtlh ex-Treasurer Hill. He related In dotai
the circumstances of the settlement. Deputy
State Treasurer nartlett described minutely
the transfer of the state money from the
outgoing treasurer , Hill , to the present of
flclal , Stnto Treasurer Hartley. Ex-Gov
ernor Thayer tcatllled concerning the accept
ance of Defendant Hill's bond. Ho had ac
cepted It In geol faith as the official bond o
Treasurer Hill , and had always regarded I
as such. To several of the questions o
Judge Wakeley , Wheedon objected , but In the
main ho was overruled by the court. At 5
o'clock the court noted the bour for adjournment
mont , and admonished the jury against con
versing with any ono concerning the case
at bar. They would be given In charge of a
bailiff ; this allowed considerable freedom
otherwise than suggested by the court , which
then adjourned until 10 a. m. tomorrow
Attorney General Churchill
arose from n
sick bed to attend the present trial. Ho
was In the senate chamber the greater per
tion of tlio day , but la looking far from well
HAULING HAY OV1SH THIS COALS
nf tlio Trial of the Superintendent
of tlio Lincoln ln/ttno / Axylum ,
LINCOLN , April 30. ( Special. ) Superln
teudcnt Hny of the Lincoln Insane asylum
accompanied by his attorney , J. II. Webster
appeared at Governor Holcomb's office
promptly at 2 p. m. today. This Is In con
formity with the notice served upon him lasi
week to appear to answer charges of mis
management of the asylum , extending over
nearly two years. Dr. Hay , Dr. Abbott am :
their attorneys were admitted Into the gov-
ornor's room , together with the newspaper
men , and the examination pioceeded. S. Z
Kosa appeared for Dr. Abbott.
The general drift of all the testimony ad
duccd this afternoon was In the nature o
a defense of Dr Hay against the charge o _
the affidavits filed with the governor. The
greatest latitude was allowed General Web
ster to bring out any extenuating circum
stances he desired favorable to the defense
Dut a consensus of opinion of parties prison
Is extremely unfavorable to Dr. Hay. It is
considered that he Is playing n losing game
and one which will greatly Injure him In
the minds of his friends as well as his so-
called enemies. Tomorrow morning at 10
'
o'clock tha Investigation will be resumed a
the governor's oltlco and It It said that the
prosecution will advance some much stronger
and more sensational evidence against Hay' :
conduct at various times within the pas.
two years. As yet nothing lus been don >
toward examining the duplicate charges
against Hay 11 led with the Hoard of 1'ublli
Lands and Buildings. Commissioner Uusael.
Is at home , confined to his bed with a svere
attack of the grip. Ho has had at times
a very high fever and tlio date of hla return
to public duty It indefinite. It Is claimed
by lila assistants In the office that Hussel
Is a very sick man ,
The Interstate oratorical contest between
Nebraska and Kansas unlvertliles occurs a
Lawrence , Kan. . Friday evening , May 3
The University of Nebraska will be repre
sented by 13. D. Sherman , H. A. Weaver am
James McNIel , The return content will no
bo held until some time next year. It has
been suggested that Missouri challenge the
winner of the Lawrence tournament , an <
tuch may ba the result. If so , the date of th
joint debate may bo announced later.
M , H , Simons Was today appointed by th
State Ranking board o clerk nnd assistant t
Lieutenant Towntey In the office , The salary
li $1,200 per annum. Mr. Stmonti has been
a bookkeeper In the Columbia National bank
for two years or more. He Is an experience
accountant and the selection la favorably
received.
Adjutant General Barry has Issued genera
order No. 4. granting permission to company '
L. First regiment , Nebraska National Guardi
to participate In the Interstate drill to be
luId at Memphis , Tenn. , May 2.
12 cabinet * | 3.00 at Heyn'i.
BROOKE TO BE REPLACED
The Department of tlio Fiatto to Lose Its
Present Commander Very Soon ,
TRANSFERRED FROM OMAHA TO ST , PAULu
General Cnpplug r to Tl < e Cumiimnd of
tlio Department of tlio I'lntto In Ills
Stcnil linger to Washington
Alcrrltt to Chicago
WASHINGTON , April 30. The expected
Important transfers arising out of the recent
army promotions from the higher ranks were
made today by Secretary Lament. Major
General Huger has been traniferred from
Chicago to Washington for special duty with
the secretary of war ; Major General Merrill
from St. I'aul to Chicago ; Brigadier General
Brooke from Omaha lo Bt. Paul ; Brigadier
General Copplnger to Omaha , relieving Gen
eral Brooke ; Brigadier General Wheaton from
San Antonio. Tex. , to Denver In place of
General McCook , retired , and General Bliss
o San Antonio , Tex.
General Brooke , when nformed by a Bee
nan that he was transferred to St. Paul
.ould not beleve the Irutbfulness of the n-
ormalou , bill when told lhat all Ihe de-
lartmental commanders , with one or Iwo
xcepllons , were Included In the order of
ransfer , he called In Lieutenant Dean to
ils side and told him lo pack his trunk. "I
md hoped lo remain In Omaha , " raid Ihe
general , "but our life Is one of obedience to
. superior's orders , and of course we will
find lots of friends In St. Paul. I have been
with the Department of the Platte for seven
years , coming here on lay G , 18S8 , and have
; rown allached to Omaha and the people.
Previous to my coming lo Omaha I was for
, en years In command of the District of Mon-
.ana , with the Thirteenth Infantry. Before
that I think I moved almost every year for
wenty years. It seems llko that now , as I
ook back over the past. "
There were general expressions of regret
leard throughout the army headquarters when
Ihe news became known and at once the gen
eral's private rooms were filled with his asso
ciates , who wondered much at Iho sudden
ness of Ihe change.
lOH'A &TATJ3 XOTKS.
Queer Oiinn of Snnpendod Animation.
DBS MOINES , In. , April 30. ( Special
Telegram. ) Al a small church where pro
tracted meetings Have been held , a young
lady from Lemurs , la. , went Into n trance
Sunday evening nnd did not regain con
sciousness for twelve hours. One lady poet
ically explained that the young lady had
been "keeping step to n heavenly march ,
and fearing- tine might tread on nny lltlle
angels who might bs Hying about , lost the
step , and was consequently thrown Into the
trance. " These meetings have been In pro
gress for three weeks , and marvelous cures
and trances are reported to have taken
place.
In the Plerce-Wallace Iowa Homestead
newspaper controversy today. Judge Spur
rier directed a verdict giving Henry Wal
lace possession of the mailing list of the
lown Homestead , which Pierce was opposed
to giving him. Wallace Is now publishing
the Farm nnd Dairy at Ames , and the
Homestead mailing list will be valuable to
him.
( 'oloiifl llrn-oliiiurn hiiUi City KfTort.
SIOUX CITY , la. , April 30. The adver
tised open air address of Colonel Hogeland ,
the newsboys' friend , was held last night ,
fourth and Pierce streets. The colonel In
quired If there were nny homeless boys
present , and one appeared on the scene , car
rying at hla side an accordion. The colonel
requested him to get up on the box. His
story was told briefly. His parenls live In
Ilnly ; his age Is 15. Then , to Interest the
boys , the colonel requested him to sing n
sang , and he charmed every one hy singing
"Little Joe , " playing an accompaniment.
Then a barefooted newsboy , who looked
small Jn his bare feet and shirt sleeves In
the audience of sevwil hundred , got on the
box and touched all hearts by a song ,
Never Go Near the Saloon , My Boy , " The
colonel rolled for a collection for the boys ,
nnd the heart of each was gladdened with
$1.20.
Dcntli Found lllliint UN le < k.
DUBUQUE , la. , April 30. ( Special Tele
gram. ) Daniel Cert , a prominent resident of
Washington township , In this county , died
suddenly today. He was found sealed al
his desk , where he had been engaged In
writing a letter , with the pen In hla hand.
He was over 8(5 ( years of agj nnd had re-
Hided In Uubuqus county fifty years. Mr.
Cert hud flllod the olllces of justice , trustee ,
school director and member of Ihe Board of
Supervisors for seven years , and was elecled
to the legislature In 1S3U nnd ngaln In 1864.
lie was a democrat of the purest variety ,
a member of the IJcformed church and a
man of the highest character. He was born
In Pennsylvania of German parents and
leaves live married sons and a daughter. He
celebrated his golden wedding in 1S80 , his
wife dying a few years lat r.
Gnttpii line tinIliblt. .
BUIILINGTON. la. , April S3.-Speclal (
Telegram. ) Two marriages , two elopements
and two divorce cases would seem sufficient
to satisfy the most susceptible mortal man.
Such , however , Is not the case with Frank
Mader , who has ben employed as news
agent on the St. Louis division of the Bur
lington. Sunday night he brought to a
brilliant flnlsh a love chase between himself
nnd Mips Minnie Drayer , employed at the
Union depot dining hall , furnishing In the
history of his twenly-lhree years of life
Ills third elopement , and doubtless ere this
his third deal In marriage certificates. He
and the fair Minnie traveled Chlcagoward ,
wheie they are now spending their honey
moon.
Nothing Noiv Uuuor the Sui.
VAN M13TEB , la. , April SO. ( Special
Telegram. ) The latcsl swindling scheme de
veloped here Is for a man lo call and en
gage board at reduced rales for self and
others for from one lo three weeks , claim
ing to be an agent for some eastern nursery
or peddling some patent right. In each
case they have a partner that will be
nlong In two or three dayH , nnd they will
look after the payment of" the board bill.
After about the second day the parlner falls
to put In nn appearance and the board con
tractor and canvasser falls to t > how up also.
llrlck nil11 Tlltvi Nut Ko.il i : tato.
MASON CITY. la. . April SO.-An InterestIng -
Ing point with reference to the income tax
has come up here. The Mason City Brick
nnd Tile company In making Its return
claims exemption under the supreme court
dcnHion , ns nil Its Income was derived from
real estate In the shape of brick und tile.
The collector has refused to allow Iha ex
emption and the point may be referred to
the courts.
Ilncrlvnr Appointed to Do IImlnn .
CHKSTON. la. , April SO. ( Special Tele
gram. ) I * . C. Winter has'bsen appointed
receiver for the Kellcy block , valued at
f20COO. under request of Boggs & Bull of
Allegheny , Pn.
The Alton High school nnd Afton Busi
ness and Normal college contemplate con
solidation.
At a mass meeting of citizens tonight it
was decided to celebrate the Fourth of July
on au extensive scale.
Shower * , Followed lijr Cooler nndur Inule
Wind * for NrlmnKii.
WASHINGTON , April 50.-The forecast
for AVednesday Is :
For Nebraska Showers ; cooler ; variable
winds.
For Kansas Showers ; cooler In the east
ern portion ; variable winds.
For Iowa nnd Missouri Showers ; cooler ;
southwest winds , becoming variable.
For South Dakota Showera ; cooler In the
southeast portion ; variable winds.
.Strike Acnlnst Sweating.
BALTIMOKK , April SO.-Over 300 coat-
makers of this city , members of the United
Garment Workcis of America , opposed to
the sweating fysUm , are out on strike ,
TKLKOR.ll'illU ItHll'.fa.
At La Crosse , Wl8. , the temperature rose
yesterday to SO , the highest for twenty-two
years.
Hall fell yesterday at Houston. Minn. ,
completely destroying all early garden crops
and Injuring fruit tries.
All coal mines In liellalre. O. . closed yea-
lerday. The miners demand CO cents per
ton and will continue work where this pries
Is given. Over 700 inlnars are oul.
During a heavy gate yesterday 100,000
'feet of lumber being brought into Duluth ,
Minn. , by the tug Anderson for Merrill &
King troke and went to pieces on the harbor
light house. Captain Imnan has a wrecking
crow at work recovering It. The storm Is
still on.
COMMISSION.
An .111 I > r SpMlon nnd Another ProiuUeil
for Todny.
It was bat autrlHe after 0 o'clock yoster-
ay when Int rjUto Commissioner Morrison
, nd Vcazey signified to the attorneys that
hey were ready to "go ahead with the bridge
rbltrary cascsj5hd | Thomas U Klmball was
called lo Ihe sUunl. UIKJII his testimony the
Omaha Interests largely depended , and though
reluctant Witness , ho was clear In his
tntements , poallUo in his remembrance of
; vents lhat occ.urrfd , almost fifteen years ago.
Ho stated thai the officers of caslern
Ines hod ngrcttl wilh htm ns lo Iho ad-
ervl lines had agreed with him as to the nd-
rlsablllty of making the arrangement as pro-
xjsed by Iho Union Pacific. Mr. Holmes
m cross-examlnallon dieted ibe Information
hat Twenty-flvo years ago Ihe Iwo
iltles , Council Bluffs and Omaha ,
ivere relatively nearer togclhor than now ,
hat while Omaha was larger from a census
itandpolnt Council Bluffs was stronger la a
commercial sense.
With Mr. Klmbsll's testimony Ihe plalnllffs
rested , with the understanding thai Ihey
would be allowed to Introduce tariffs In evi
dence , and the Interveners began Ihelr sldo
of the story.
E. P. Hlpley , third vlco president of the
Milwaukee system , was called on behalf of
Iho railroads and 11 xvas plainly evident the
able Milwaukee official was the only wllness
he Inlcrvenors delermlned lo call.
On cross-examination Mr. Rlploy slaled
hat Ihe Milwaukee company docs nol nor
illd It over belong to Iho Transconllnenlal
Freight association. II joins In Ihe rales.
Mr. McIIugh at this point. In order to en-
Ighlcn Ihe commission , slated that the dis
crimination commenced.
General Solicitor Uowers of the Northwesl-
ern then on behalf of his company prcsenled
Ihreo schedules of rales , tables of distance * ,
etc. , as making up his case.
Mr. Mather of Ihe Hock Island recalled
Mr. Klmball and naked him as lo Ihe condl-
lions existing when the bridge contracl with
the Milwaukee was made , and ho remarked
I wan favorable ID Iowa roads.
This closed Ihe case nfler nn agreemenl be
tween counsel as to tha lime of taking depo
sitions , the case to bo submitted on printed
briefs.
The commission convened nt 2 o'clock , with
Judges Morrison and Veazey In attendance ,
: o hear the complaints of the Commercial
club against the Missouri Pacific , Missouri ,
Kansas & Texas , Santa Fe , Hock Island and
Chicago , Burlington & Qulncy and Texas
Pacific railroads for alleged discrimination of
freight rates on cattle , hogs , dressed beef ,
produce and sugar In favor of Kansas City
and St. Louis. It seems that those cities en
joy a through rate on cattle and hogs which
Is denied Omaha.
W. D. McHugh presented the case In his
usual affable way to the commission and
thoroughly examined his witness , Mr. Utt
of the Commercial club , who testified that the
rate on cattlB from Montana to Kansas City
was the same as to Omaha , while on Texas
cattle this city had to pay the Kansas City
rate plus the local rate to South Omaha.
Another advantage In favor of the town
on the Kaw Is that If the shipper Is not
satisfied with their market he has the privi
lege of rending his stock on to Chicago at
the through rate , while If the shipper here
Is dissatisfied with the South Omaha market
he has no through rate , but Is obliged to
pay full local rates from here to Chicago.
The witness told of Instances In southern
Nebraska where rates were exactly the same ,
while the towns wfcro within ninety miles of
this city and over 300 from Kansas City.
M. A. Lou off the Chicago , Hock Island &
Pacific gave a nice little talk from his stand
point and summed up * his case from an antl
Omaha standpoint * and asked Mr. Utt sev
eral questions , but fearing the weakness ol
his argument gave way to Mr. Gardner
Lathrop , receiver of the Atchlson , Topeka &
Santa Fe , who gave nn Interesting history of
their line , and told of their shipments of cat
tle , etc. , and Intimated that their company
got no benefits from Omaha and that If the
shipments came via Omaha she ought to pay
for It , and madb anice speech to prove the
purity of his position , giving the rates , sta
tions along the line , 'etc.
Mr , Orr of the Missouri Pacific gave his
Idea of the Texan and Kansas City route ,
and thought that "tlie produce ought to be
taken via Kansas City.
W. n. Kelly. In behalf of the Texas Pa
cific , told of the points covered by Its sys
tem and of the best rates that It could make
and seemed to be out of the fight and with i
grievance , but reserved the right to make a
showing later.
Mr. Lathrop then cross-examined Mr.
who said ho hud been connected with rail
roads for fifteen years and with commercla
clubs , nnd confessed that he was somewha
up In the railroad question In this case , ink
stated that the lines spoken of did make a
discrimination against Omaha. He gave a
sketch of the roads complained of.
Mr. Lathrop went after Mr. Utt In first-
class style , keeping to his points In an able
manner , and for the first time rather up
Get him. Hut after a few minute : composure
was restored , after Mr. Utt had apologized to
Mr. Lathrop for having said "he possesset
too great a desire to talk , " or words to tha
effect , and things jogged along quietly , am
out of the statements we gathered that the
complaint was that they carried grain , cattle
etc.from Cheyenne to Kansas City 327 mile
further for the same money that they would
bring It to Omaha ; Indesd , Omaha didn't teen
to be In It with nny of the neighboring towns
and Council Bluffs seemed to be the best town
near here. Then they talked a great dea
about the shipment of hogs and said a whole
lot of things ttie reporter did not understam
and a report of which you would not read
but which all bore upon the main point , I. e.
the complaint that Omaha and South Omaha
are entitled to the same principle of equal
Ity In making "In and out" rates that Is ac
corded to competitive cities , such as Kansa
City , Council Bluffs , Minneapolis , St. Paul
Rock Island and Davenport.
The cross-examination revealed the fac
that Mr. Utt thought that llie companle
ought to make equal rates , and quite a hot lit
tie discussion took place between counsel am
witness , but the judge called their attentloi
to the fact that "business" was the objec
of the sitting , and they settled to
the task , nnd while one of the judges
slept sweetly and the other one in
slsted upon knowing "what they were
talking about , " and the official reporte
"growled" out loud his objection to the broil
and another long dialogue took place between
Mr. Lathrop and Mr. Utt , In which nelthei
seemed to gain ground , and each held on t
his end of the "bone" In masterly style , am
no end of legal lore was piled up to substan
tlato each side one being "Inequality of dls
crimination , " and the other "the right of tha
company to do as they please In local mat
ters when thers was no fixed rates estab
llshed. "
Mr. Lincoln asked Mr. Utt why he did no
consider the Short Line from Cheyenne
and Mr. McHugh wanted to discuss the mak
Ing of rates , but the-judge called him down
and cald they bad < been listening to tha
sort of thing for 'eight years , and that th
question must be discussed from a commer
clal standpoint , Slid not for argument.
In the direct examination of Commissions
Utt Mr. McHugh "brought out the fact tha
hogs shipped from Nebraska points 100 mile
further away froni Kansas City and St. Jo
Eeph than from Omnlia at Omaha rates
after being converted Into packing houj
produce are shipped to St. Paul and Minne
apolls through this pity at an Increase o
only 2 cents per hjundrtd. On the other ham
Omaha Is compelled1 tor.pay 7 cjnts per bun
drcd when shipping to points south of Kansas
City , making a djsojjlmlnatlon of over 301
miles In favor of ihd)3st , ) named place. Ad
journed until 9 o'clppk/hls morning ,
See Sam'l Burns. ' new china add In this
paper ,
Trinity I' rUh Deception
The family gathering of the parish a
Trinity cathedral was well attended and hai
many pleasing feature ! . The dean and wlf
were of course central figures , and a cento
from which cordial good will wan radiated In
every direction. Among those present wcr
General Dandy , Colonel Chase , S. D. Ilarka
low , Henry W. Yates , A beautiful feature o
the evening wre some lovely violin solos b ;
llttlo 11-year-oid Claire Ferran , In which th
precocious talent of tha calld was finely ex
hlbltca.
Klean klothes kwlck with Union Soap.
Young ladles' mandolin quintette Saturday
Sherman & McConnell.
i'iii iti.lilr .
BLAin , Neb. . April 3-1.-Speclal.-Tw ( )
toughs walked I t ? th * st 're ' of Jihn Hall
In Dextervllle last nlslit ariut 9 o'clock , an
while llr. Ualley was cutting some tobaccc
for them pne li U a , r vo v r while th
other robbed the Ull of about 17 in , cajjh
IOH Hilt JtKl'OHKIt VXKS TALK ,
Mr. Nile ) I am going home and shall
ook for the telegraph with great Interest , I
hlnk It will be well handled ,
Mr. Hardy You have no Idea how I shall
njoy my holiday.
Mr. Grlswold I am going fishing out to
'lear ' lake.
T. J. Fltzmorrls Shall we leave you our
Ipes and tobacco ?
Mr. Haynss "Take this book nnd read It
nrefully. " ( Handing a woman a copy of
he Statutes and Constitutional Provisions of
he States and Territories of the United
tales and England on Libel and Slander ,
Vlth Suggestion ! ) .
Dr. Victor Hosewater The May Day Kdl-
Ion of The Ileo ought to be a wend rful
tlniulus to us poor men who are engaged In
getting out a regular dally newspaper. The
romcn have been moved by an ambition to
iroduce a paper superior to what men usually
reduce. Their achievement ought to make
he men double their efforts to excel.
Mr. Bodlne Please do not tell the young
ady who has my assignment whether or
lot I am married.
Mr. Snyder Have you lold nil the re-
'orlers ' that any mention of Trilby or Sven-
gall Is poslllvoly prohibited In The Bee
ulldlng7
Mr. Fowler The women's reporls of a
ard assignment like n big fire or murder
ase will bo very Interesting. I hope you
will have one.
Mr. Hoyco You seem to have the field
pretty thoroughly covered.
Mr. Perclval If you got Into a tight place
here Is not a man but will do nil he can
o help you.
Mr. McCullogh I nm speechless.
Mr. Haskell I'll ' stny with you to the end.
Mr. Bond I could learn to love the girl
who made that coffee.
Mr. Hosowater had just returned from
Jew York , and , on being Interviewed by a
'eporter ' , said ho saw Miss Anthony and
dlss Stewart , who were In Cleveland attend-
ng a meeting of Sorosls. Miss Anthony ac
cused Mr. It. of having lately changed
ils mind In reference to woman suf-
rage , but ho was not to be convinced. Mr.
"losowatcr said ho "was surprised to sea Miss
Anthony looking so well at her age. He had
qulto a lengthy trip and saw many persons
of prominence. Ho went first to Chicago to
ittend the funeral of J. W. Scott , and from
there to New York and AVashlngton.
HnuWo ( Suthured tlio NOWH.
One man offered us a dollar If we would
make It to eult him.
The railroad men all gave us gum.
The w either service man said the girl
nust climb to the top of the flag staff for the
report of the weather. She did.
The city council made a call of the house
and tried to keep us locked In nil night. Wo
racefully submitted. It Is another matter
ocklng up the news.
Wo rode In the patrol wagon and when they
drove so fast we could not keep our seat , wo
lield on to the man.
We went on n good many wild chases , but
generally people were polite.
The weather bureau promised us a shower.
How Uo Wont to 1'rovi.
We began one month ahead of tlmo. Our
literary supplement was all out of the way
on the day before the trouble reached the
climax. Wo were told , one and all , that at
11 o'clock the forms would be locked up for
the first edition. If the copy had not been
sent In , the paper would appear with blank
columns , for we should ba on time.
We worked with this Idea In vle-w and we
have no empty columns , but shoals and shoals
of copy waiting for the evening edition , nnd
which will probably be compelled to wait
for the next woman's edition.
Mrs. Tracy has worked day and night for
several days , and the success of th paper
Is largely due to her skill and ability as a
critic and an all around newspaper woman.
The advertisers have been most liberal
and without them there could have been no
money made. In soliciting and In selling
extra copies people were most kind and lib
eral. The accounts have not yet been
audited , so that receipts are not known , but
they will be large.
The following named women compose the
staff :
Philanthropy Mrs. F. M. Ford
Clubs and Societies . . . .Mrs. A. N. Ferguson
Household Mrs. F. H. Push
Education Mrs. Charles Hosewater
Children Mrs. A. H. Henderson
Hellglon Mrs. J. M. Wilson
Music Mm. Percy Ford
Art Miss Ethel Evans
Medicine Dr. Freda Linkton
Literature Mrs. W. W. Keysor
Correspondence Miss B. Kennedy
Men's Page Mrs. S. H. Towne
Hospital Mrs. P. L. Ferine
City Editor Miss Marv Falrbrother
Telegraph Editor Mrs. F. Adler
Sporting Editor Mrs. Will Townwjnd
Advertising Manager..Mrs. Itobert Hunter
Circulation Manager..Mrs. C. II. Townsend
Treasurer Mrs. P. II. Allen
Editorial Staff-
Mrs. John Gordon
Mrs. W. J' . Harford
Mrs. II. A. Wagner
Mips Clara Elder
General Manager Mrs. George Tllilen
Assistant General Manager.Mrs. F. H. Tracy
To the women of Omaha who bave rallied
to our help , wo are most grateful. Not that
spoken thanks will avail , but when we re
member the sacrifices scmo have made wi >
are touched deeply. The hour of 11 o'clock
has arrived , the whirl and agitation of the
first edition has reached the climax , wo are
going to press on time.
Carson & Banks , manufacturing jewelers ,
pay highest prices for old gold. 30 Barker
block. _
Alro * Kopp'a Hug.
Mrs. Kopp of South Thirteenth street keeps
a dog. Perhaps now she wishes she did not
own one. She was arrested yesteiday for
keeping a vicious dog. The case was post
poned until today and she was ordered to
bring the dog Into court. If the dog Is as
bad as the complaining witness says the
officers around the police station will have a
lively tlmo of It.
mi : it.
COLLINS Mrs. M. , aged 39 years. Funeral
Thursday morning , May 2. al 9 o'clock ,
from Ihe residence , 001 South Twentieth
street , to St. Phllomena's church. Inter
ment , Holy Sephulcher cemetery.
SEARLES
&SEAKLE3
Chronic ,
Nervous ,
Private
DISU1S53.
Till : VT.HKNT IIV MAir < . foinaltntloii I'rco
We cura Catarrh , all disaiseo of tha
Nose , Throat , Chest , Stomach , Liver ,
Blood , Skin and Kidney Diseases , Fe
male Weaknesses , Lost Manhood , and
AI/L PR-VATE DISEASES OF MEN ,
WUAK MEN AHE VICTIMS TO NEUVOU3
Debility or Exhaustion. Wasting Weakne" , In
voluntary Loiua , wltu Early Iieiay m young
and middle aged ; luce of vim , vleor nnd weak-
tneU prematurely In approachlnt old age. Al
lleld readily lo our new treatment for loat ol
Utal power. Call or adilres with clamp for
circular * , free book and receipt * .
Dr , Searles an ! Scirlai , 140lfntotB
iwCKBM il N V
AXXOVACKMIiSTS ,
The Mllputlnns n vcr Appeared to greater
advantage than In "Hitmpty Duinpty Up lo
Date , " which will bo presented for the Hrst
time In Omaha tonight nt tloyd'n theater
anil for the remainder of the week , with mat
inees Thursday and Saturday. The play U
nn excellent cxtravnganin and gives the lit-
tie people abundant opportunity for fun-
tnnhlng. Its scenic effects are ilazrllng and
beautiful. Pew plays have had such hand-
seme stage setting ! ) , nml the costumes , wliloli
are frequently changed , are particularly rich.
\9 heretofore , the I.lllimtlans are supported
by a company of exceptionally tall men nnd
women , and In the third act they meet the
Clnnt Kalcb , uho li snld to bo the tallest
nan In the world , llo has only a brief scsne
\\lth the pigmies , but nt the end of the act
comes out In the auditorium and wanders all
over the house , nn object of great curiosity.
Men six feet tall walk titulrr his outstretched
arm , nnd he Is obliged to stoop to pass
through the doorways to the lobby of the the
ater.
ater.Hut
Hut the chief feature of Interest U Franz
Cbert , the camedlnn of the Mllputlnns , who U
as funny as over. Not less finished ns an
actor and delight In his work , however. Is
acA.
Adolf . Kink , the diminutive Ludwlg Merkel ,
who talks English , and thereby adds to the
effect produced by his clever acting. The
ilBl lay tells n fairy story with the aid of dwatfs ,
Blul ; lants , Ingenious mechanical contrivances , nn
educated pig and trained ponies , and both for
the , ' children and their ciders there arc splen
did spectacular scenes , with new ballet
effects. ; The richest tf these Is "The Orotto
of Blamonds , " a wonderfully fine effect , made
possible only by the USD of electric lights ,
nnd ending In what Is called "the ribbon ser
pentine , " n new effect of surprising beauty
The audience Is continuously entertained
either by the spectacular effects or the clever
fun of the Llllputlans. The latter comprise ,
besides Franz Ebert , Hcrtha. Jaeger , Iwd-
wlg Merkel , AdolfInk , Ida Malir. Tonl
Mlcstcr , Kllsc Lau , Sclma Qoerner nnd Her
man King.
Y. Al. C. A. Olil ( luariM Itrunlon.
A distinguished- crowd of gentlemen mot
nt the Young Men's Christian association
building last evening , It being the reunion
of the older members of the association. Over
sixty eat down to the dainty llttlo supper pro
vided nnd served by the lady friends of the
association. Time was spent In social and
reminiscent converge , and after the supper
various original toasts were given tliat will
doubtless bo of Interest to all Chrlctlan
workers. Among the speakers were former
presidents j , , secretaries , treasurers and other
officers of the early days of the association.
The toasts were listened to with Intenao Interest -
terest and the members of the "old guard"
frequently applauded ,
I.lndsey the jeweler Is showing a nlco Una
of silver novelties. Whrn down town step la
nnd BCD them. 1D10 Douglas.
Truublo Mllli tinI'ouiitnltu. .
The Women'i Christian Temperance union
women arc having trouble already with their
drinking fountains , They complain that hood
lums or mlschle-vous boyi nre putting Iron
washers , pieces of lead and buttons Into ths
slots , thereby ruining thtm and rendering
them ujolcsi. They ask for police protection.
If the miscreants are caught they nil ! bo
given the full benefit of the law. Summary
justice. ! should bo dealt out.
If yon skip page 19 you v-on't know whal
you've skipped. Skipping ropes nro free on
tlmt page.
t
Dr. Dora M. Judklns , 1G15 Douglas stroot.
Telephone 439.
O. \\f. Wertz , D.D.S. , fills teeth without
pain. 1C07 Douglas street.
AMUS1SM E1N-TS.
BOYD'S TO-NIGHT
AMD TUB REST OF THE WKKK.
With Matinee Thursday and Saturday.
In their Grand Spectacular Production
HUMPTY DUMPTY
UP TO DATE.
The snle Is large , so come enily If you < <
want a sent. !
PIUCKS- First 3 low * . Dress Circle. Jl.OTl
balance First Floor , } 100 , b.ilcony , 5'Jo ' and
75c , ; gallery , " 5o.
Base Ball ,
Opening of Championship Season ,
MAY2D.
Omaha vs. Quiiicy.
C7 < i/iia CriJ/oif .1 1' . M.
BOYD'S NEW THEATRE.
Friday and Saturday , May 10 and 11
Special Matinee for Ladies and Children Saturday Slay 11 , nt 2:30 P.
PIHST TJMK H13RK OF
JOHN W. SHERMAN'S WONDERFUL
A Dream of Fairyland. A Tremendous Success.
lOO People on tlie Stn.cre--lOO
Wonderful ! Beautiful ! Mystifying !
Ijiving People Made to Vanish ,
Human Beings Passing Through One Another !
A Company of Militia Disappears Like a Flashi
Groups Moltine Into Vapor !
Mythological , Classical , Military , Allegorical , Historical ,
Comical , Miscellaneous Tableaux.
Positively an Entirely New Entertainment !
Nothing of the Kind Ever Seen Here Before !
The Grandest Effect Ever Produced !
A Car Load of Scenery and Costumes !
PRICES OF ADMISSION , $1.0O--75c ,
Reserved Scats on sale at Kuhn'a Drug Store after Monday , May 0.
Furniture
and
Draperies.
The largest and best assortment
of New Novelties in the City at * * <
DEWEY & STONE
FURNITURE CO.
1115-1117 Farnam , Established IOG1.
Dr. WITHERS ,
DENTIST.
Teeth Kxtracled 25c
Set of Teeth for $3.00
I5est Set of Teeth for $7.50
Gold Fillings $1.50 and tip
Silver Fillings - $1.00 .
Gold Crowns $0.00 , /
SATISFACTION GUARANTIED.
DR. WITHERS ,
4th Floor Drown Block ,
IGth nnd Douglas.
Clias. Shiverick & Co. ,
and Curtains
12th and Douglas ,