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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 10, 1896)
8 OMAHA PAlIiY JIBEt FKIDAY , TANtTAKY 10 , 1890 , OPENS A FIGHT ON Till ! POOI Big Traffic Agreement Required to Show Cause for lufExhlcnco. ACTION COMMENCED IN NEW YORK COUR United Slnlcn Attorney IK-clnrrn tli I'onlliiK Contract Con I fury to tlio r.n iv nnil ScokN to i Knjoln It. NEW YORK , Jan. 9. United States DIs trlct Attorney McFarlano filed a bill of com plaint In the district court today against th thirty-two railroad companies forming th Joint traffic association. Mr. McFarlano aU Cive n&llce that on January 17 ho would mov tor an Injunction restraining the assoclatlo from operating under Its agreement. In Ihe bill of complaint It Is charged tha the agreement between the companies Is In tended to combln ? , or pool , all competition 1 traffic within Its scope , nnd that the agree ment covers all through traffic of the fyea trunk lines which comprises a very larg inrt of the Interstate railroad traffic of th United States. Thin agreement , It Is further alleged , Is II legal , ay U establishes not only a traffic pee ! but likewise a pool' of earnings , In vlolatlci of section G of the Interstate commerce act and that It Is a contract cr combination 1 nstralnt of Interstate trndo and commerce nnd unlawful under the anti-trust act of Jul 2 , 1890 , known as the Sherman anti-trust act The bill of complaint asks as relief to hav the contract between the railroads declarei null and void and the parties to It perpetually enjoined from acting under the agreement The complaint also a&ks for a temporary In junction. After citing the names of the thirty-two railroads and the states In which they are Incorporated , the complaint reads : That the Joint Trafllc association Is a vol untnry association , organized under certain articles of organization entered Into am pxccutpd by the several railway companle hereinbefore named. That nil the defendants nrc common cnr rttrp , incorporated , as aforesaid , cither by t-pccful chnrteri granted by the Severn states of the United States , or under the public Etntutcs of such stntci , nnd as sucl common cairlers , nt all the days nnd time hereinafter mentioned , and prior thereto wcra nnd still nro engaged In the trnnspor tatlon of freight nnd passengers , either sep nintcly or In connection with each other In trade nnd commerce continuously cnrrlei on among the several states of the Unltt- ( States , nnd among nnd between the severa mutes of the United States nnd the terri terlcs thereof and between such states am territories nnd foreign countries , nnd from places in the United States through forelgi countries to other places In the UnlteJ State.- ) . FORMERLY ACTIVE COMPETITORS. fc The bill alleges that prior to November 10 , 1895 , the defendants , and more especially fcI tha Baltimore ft Ohio , the Chesapeake & I Ohio , the Erie , the Grand Trunk , the Dela ware , Lackawanna & Western , the Pennsyl vania , the New York Central , the Lake Shore , the Michigan Central and the Wabash , with their tributary lines , were In active competition , but that on the date mentioned the defendants unlavfu'ly ' Intending to re strain trade nnd commerce among the sev eral states and attempting to monopolize such trade and commerce and Intending to restrain and prevent competition among the said railroads In respect to all the Interstate trade and commerce hereinafter moro par ticularly described and contriving and In- tchdng | unlawfully and unjustly to deprive the public of the facilities and advantages which the public had heretofore enjoyed from the Independent competition of such railroads , or any of them , and Intending to establish and maintain rates of freight ant passenger transportation fixed arbitrarily arid uninfluenced by competition , entered into a certain unlawful contract , agreement , com bination and conspiracy to restrain trade arid commerce among these sveral states In the form'of a written document , entltlec "Articles of Organization of the Joint Traf fic-Organization. " The bill proceeds with a statement of the terms of the Js 'nt traffic agreement , whlcl la characterized as an "unlawful contract agreement , combination and conspiracy to dc away with competition In tbo freight and passenger traffic of the defendant corporations and alleges that the rallrcad companies are now preparing to put Into operation that agreement to the great detriment and dis advantage of the public , and In violation of the lawo of the United States. In this behalf , In consideration of which the court Is asked to adjudge their decree that th ? said agreement Is unlawful and void anc ! that the defendants and tach and every one of them , their officers , agents and servants , nnd each nnd every one them be cnjolnet perpetually from continuing a combination or association established by the said agree ment , and from acting , or In any way operat ing their roads thereunder , either In respect to the provisions of said agreement or In respect to division among the several com panies parties to said agreement. " The court Is also asked to grant a writ of subpoenas upon the defendants and an Injunction restraining them from acting un der , enforcing or executing the said agree ment of "articles of organization , " and from operating the'r eald railroads thereunder and from further proceeding In any manner from carrying the same agreement Into effect. The- bill of complaint was discussed at a meeting of the association today. George It. Blanchnrd , commissioner of the Joint Traffic association , refused to commit himself to any specific statement of what was done at the meeting , but remarked that the ques tion was one which could only be discussed by O. B. Roberts , president of the Pennsyl vania railroad , and chairman of the board of controllers. Mr. Blnnchard eald n special meeting of the board would bs called by President Roberts to take action In the matter , but he could not specify any date. At the conclusion of today's session of the managers of the Joint Traffic association , the following statement was gl\en out : "The bill ol complaint filed by United States Dis trict Attorney MncFarlane In the United States c'rcult , court for the southern dis trict of New , York having been Ecrvcd upon the partkn to the articles of organization .of the Joint Traffic association a meeting of the beard of control has bon convened to consider this and other subjects coming be fore It , being the 11 m meeting slncu Its organization. " From the outside It was learned that the board of control will consider this Tuesday next , AIU3 IIOSTII , ! : TO Till : IllO OU.VNDH. Illninn for tin- Unto Trouble lnlil at ItN Door. CHICAGO , Jan. 9 , The meeting of the lines of the Western Passsngor association was continued today. Considerable feeling waa expressed against the Denver & Rio Qrando for icf using to become a momb : ? , as Us action leaves the Union Pacific and other roads which have Interest In Montana free to Ignore their agreement to make all tickets for Montana points good for conilnuouo paswg > on'y. The Union Pacific agreed tu the continuous passage tickets only on condition that the Denver & Rio Grande chojld become a member of the Western Passenger association. Au the matter now stands , there 1s an excellent chance of all sorts of trouble among the w 8tein roads on passenger business and the nnjorlty of the raada of the atMdatlon are Inclined to lay oil the blame on the Domor & Rio Grande. Axklnir for 11 > > w Cluirtor. RICHMOND , Va. , Jan. 9. A bill was In troduced In the legislature today to authorize the organization of tin- Norfolk & Western railroad , which Is now In the hands of the receivers. The bill IB to enable th purchasers at a foreclosure tulo to organize a new cor poration and to acquire all the railways or properties of the Norfolk & Western , with authority to create such Issue of bonds as may bo neressary to carry out any plan of reorganization , The amount of stocks ar.il bonds of the new corporation U to be limited to $100,000.000. , Krauk llrowii SIu > - lie I'rmliU-iii. BALTIMORE- . 8. Thor U a rumor hero today that ex-Governor Frank Brown li being seriously considered for successor to Charles F , Maber as president of the Ilitltl- incro & Ohio railway , One Mlnuto Cough Cure is harmless , pro- < uces immediate result * , , * " " " " s ? ! ! O.MJ Hicnivin IN rui.ii CO.VTUOI Court DlniirnirB with Tito Norther I'nclllr Itccrltrr * . HELENA. Mont. , Jan. 9. Judge Gilbert o Portland. In the United Stnte * court today appointed Andrew F. Burlclgh of Seattle sol receiver for the Northern Pacific railroad. Court convened shortly after iO. 0 and Ai torney James W. Ashton , representing Mr Burlelgh , asked that a more harmonious ar rangement be made In the matter of th Northern Pacific receivership by appolntln a solo receiver. He was entirely willing t leave the matter to the discretion of th court. Attorney W. F. Sanders , representing th company , was asked If he had anything t say. Ho replied In the negative. W. B. Cullen addressed the court In behal of hla clients , telling how Judiciously the had conducted the road and requested tha compensation be fixed for past duties. A regards new receivers he left the matter en tlrcly In the ha'nds of the court. Attorney Bayburg , representing the Farm era Loan and Trust company , said he wa disposed to let tbo court act without any suggestion from him. Judge Gilbert then briefly stated the mat ter before the court nnd eald a change wa necessary , not for any pcisonal reason concerning corning present receivers , but for the more harmonious management of the road. He eald no Imputations had been cast upon the action of the present receivers and pralsci them highly. Ho did not coincide with Judge Knowles concerning the mnnagcmcn of the road and therefore would set aside the order appointing Messrs. Banner am Mills , and In their stead appoint Andrew F Burlelgh , fixing his bond at $100,000. MILWAUKKR , Jan. . The attorneys rep resenting the Northern Pacific railway Inter eota wll lappear before the United State suprcmd court In Washington Monday to aik the court to take Jurisdiction of the caee The agreement reached between the contend Ing parties will be made known at that time Both Receivers Blgelow nnd Mcllenry , whc were appointed by Judge Jenkins to succeci Messrs. Payne , Reuse and Onkes , rcturnci from New York tills morning. Both de clined to talk upon the euibjoct , stating tha the matter wasi entirely In the hands of th attorneys. Parties interested In the re celvershlp when shown the dispatch sent ou from Tacoma this morning Elated that In their opinion It meanU simply the discharge of the yub-recclvtrshlps In the western Juris dlctlcn. They held that the movement I of no consequence , for Receiver Burlclgh had been virtually In charge of the line In the west since his arpalntment. by Judge Hanford On the other hand , the discharge ct the minor receiverships would go to Indicatetha tbo movement to put the agreement Into cf feet has been begun. AVAM'S AXOTIinil VIOU PRHSIDRNT PcniiHylvniilii Itullroml Will HoorRim- Irc ItN MniuiKliifV Hoard. PHILADnLPHIA , Jan. 9. A meeting of th3 board of directors of tbo Pennsylvania Railroad company will bo held on Tues day to take such action as Is neces sary for changing the bylaws. It was the Intention to have this change made before this time , but It was found Impossible to do so. The reason for the prospective action upon the by-laws Is that a changa Is desired In the organization of the lines of the Pennsylvania railroad west of Plttsburg. It Is understooi that the change Is to be an Important one There Is HkeJy to be another vice president added to the staff. There are three vice presidents now , but as thebuslncrs of the lines has Increased so extensively of late It has been deemed advisable to divide the labors of the vice presidents. It Is under stood that a number of other Important changes are to be made. The Vandalla line , which runs from Indian apolis to St. Louis , from Terrc Hautei to Pcorla , and from Terre Haute to St. Joseph whch ! gives the Pennsylvania company an en trance to St. Louis , has , bein operated by an independent organization , although last year three of the Pennsylvania company directors were elected members of the board. It Is understood that at the coming annual elec tion there will bs quite a change In the baarc and that the Pennsylvania jallroad .company will predominate. AVIIANGLIXG OVKH LAW POINTS Southern Pacific DcnleH Itcliip : Hound by AiliiilHHloii * ! of OfllccrN. SAN FRANCISCO , Jan. 9. Tlio Inquiry In the United States circuit court as to the right of the California Railway commlP3lon to alter the freight rates of the Southern Pacific com pany was resumed today. Arguments on botl sides were made as to the admlpslbility as evidence cf the depositions of the officers and heads of departmsnts cf the Southern Pacific company , taken at the investigation held by the Pacific railroads committee. At torney Hayne , for the committee , Mid that tome officer of the Southern Pacific must have bejn authorlzsd to look after the welfare of the corporation at that Investigation and make a statement. The depositions sworn to by the officers of the corporation were binding on the corporation. Attorney Hessln , for the Southsrn Pacific , said that the depositions given by the officers at that Investigation were not binding on the corporation. Ho said they responded in complljnoa with the law and not In their official capacity. The officers were testifying as to their knowledge and not as to the facts. If the Central Pacific Is Indebted to the United States and wanted an extension of time , that does not bind the Southern Pacific company. The Southern Pacific had not Et that tlmo be n considered a , debtor of Ihe United States and owes the government noth ing now. Attorney General Fitzgerald will reply to morrow. " Itlo f ! run ill- Still IlolilN Out. The Rio Grande- Western Railroad company still refuses to accede to the proposition nude at the recent Denyer conference In relation to rateo on business from Utah to th ? Mis souri river. Railroad men have been waiting slnca Friday last In hope that the road would vote favorably to" the proposed regulations , but as yet the road has made no sign cf such novomtnt. It Is feared by some , that the refusal of the Rio Grande Western to fall Into Ine will force rival lines to take measjrea n the shape of rat ? cutting. General Pas- oengfr Agent Francis of the Burlington load , vho attended the Denver conference , paid esterday afternoon that while nothing had et been heard from the dissenting rad , It vas hoped that an amlcablo means of settling he dlfllcully would b ; reached. \Vnnt Smith for Iti-ci-lror. ALHUQUKRQUE , Jan. 9. All the parties n Interest except the Mercantile Trust com- iany of New York have signed a request or the appointment of Charles W , Smith as receiver for the Atlantic & . Pacific ( o succeed John J. McCook , whose resignation , vlth that of Aldaco F. Walker. w.as presented o Judga. Cclller , The court refused to con- solldat" tli ? two caues brought by the flrjH and second mortgage bondholders. The up- lolntment of a receiver was deferred until ho arrival of Judge Green , attorney , for the ilercantlle Trust company , Mr. Smith has leld Important positions with Ihe Southern 'jclflc Erie , Chesapeake & Ohio and Santa "e roads. JVotrn nnil Traveling Passenger Aent ( Marley of the Ilchlgan Central road Is In the city , The Burlington pay car starts on UD monthly mission this morning. The trip will an about five days. W. H. Cundey , traveling passenger agent f the Denver & Rio Grande railroad , came o the city yesterday. J. C. Beam , Jr. , travsllnj ; passenger agent f the Southern Railroad company , Is In cwn fiom LittleReck / riiailes H , Duxbury , traveling passenger gent of the Baltimore & Ohio road , arrived n town from Chicago yesterday. General Manager Dickinson , Superintend- nt yf Car > Servlce Buckingham and Superln- endent of Motor Power McCcnnell of the Jnlon Pacific road left on a tour of Inspcc- Ion yesterday. They travel In eueclal ar No. 1 , ami their Journey will extend as ar west as Salt .Lak ? City. The numeious railroad friends of Patrick lumphrey In tlila city will regret to leain t his serious Illnee . He was lecently Bl acked with pneumonia and was taken to a Cansas City hospital , Wednesday an opera- ion was performed , and late last night hla omlltlcn was regarded as critical , Mr , li'inphroy has been for a number of years its ( ravelins paesenger agent of the Lake Lore & Michigan Southern railroad , Dew Ufa Llttlo Karly Risers cure Imllges- cn and bad breath. BOLLN WOULD NOT ANSWER Poor Witness in the Preliminary Hearing of Oonltor , AFRAID OF INCRIMINATING HIMSELF Inntriictcil It } ' HI * I.mvyer * Motion to Dldinlm In C'onllcr'H CIINU to lie ArKiioil Next .1-1. The preliminary hearing of ex-Deputy City Treasurer Jerome K. Coulter , charged with embezzling city moneys , which has been car ried on during the part month In the police court , was practically brought to a clone yesterday afternoon. When adjournment was taken all the testimony that the state bad thought proper to Introduce was In , and the Uptons.- announced thlt It had decided to In troduce no testimony. All that remains Is the arguments of the counsel , and these will be given on a motion to dlsmlps brought by the defense , which will be heard by Police Judge Gordon next Wednesday afternoon at 2 o'clock. The hearing yesterday obtained mere than Us usual Interest from ths fact that during the course of the afternoon ex-City Treasurer Ilolln was called to the stand. Every face looked expectant when his nnmo wag calUd out , but If It had bcsn hoped that Bolln wouw tnrow any llgnt upon the embezzle ment the expectation was at once knocked Into a cck-.d hat by an announcement from his attorney that he had Instructed Bolln not lo answer any question which might In any way Incriminate him. Bolln obeyed the In structions to the letter. Even when he was asked when ho ceased to be city treasurer , ho refunod to answer for fear that he might In criminate himself. ASKED ABOUT THE CHECKS. Bolln was called by tie ) state to prove that the checks signed by Coulter as deputy werj upon city funds deposited In the banka On cross-cxamlnatlcn the attorney for the de- feiiM asked questions in an endeavor to dis cover where the money went after It had been , drawn out , wording them In such a manner as to make the Inference that the greater portion had been obtained by Bolln. Objections to this form of examination were made by both Bolln's ccunrel and the county attorney on the grounds that th ? defcm-e was trying to draw the Inference that Coulter was Innocent by Insinuating that Bolln wa ? guilty , but they were overruled. The questions were put In forms as fol lows : "Did not Coulter draw this check nnd give you the greater portion of the money , or the whole of It ? " "Did you not toke a portion o the money obtained on that check from the cash drawer ? " "Did you not draw the money obtained on that check yourself and use It In paying a claim for damages against the city ? " Bolln In variably answered : " 1 refuse to answer. " < "On what grounds ? " was the next Invari able question of the attorney , and Bolln al ways said : "Because I believe that my answer might Incriminate me. " It developed after the cross-examination that these answers had been put with the purpose of showing that Bolln was afraid of answering the questions. This was brought out when the county attorney attempted to break down'the examination. The question liad been asUed : "This check was cashed In August by Coulter. Did you not receive all of the money and put It In your overcoat"pocket ? " "I refuse to answer because I believe It might Incriminate me , " Bolln had answeredi Referring to this In the re-dlract examina tion , the county attorney asked : ' "Did you wear an overcoat In last August - gust ? " "No , " answeredBolln , " he did notlf broke ' "I know , In Coulter's attorney. "I put all those questions to him simply to show that he was afraid to say a word about the embzzlement for fear of In some way Incriminating himself. " < The counsel for the other side looked con siderably crestfallen at this remark and dismissed Bolln without more Interrogation. HIS DUTY AND COULTER'S. Bolln testified for the state , In addition to the fact that the money on which the checks were drawn was cjty money , that Coulter , as his deputy , had as full power as himself when he wan away and had the authority : o draw checks and money. On croES-exam- natlon he stated that his own duty con sisted of a general supervision of the of- ice. He stated that he never examined the > ooks of the office , but looked after the tax receipts , received cash when Coulter was not present , deposited money and had as much access to all parts of the offlcs as Coulter. The checks wre those which have been n evidence heretofore In the hearing. They vere signed by Coulter as deputy. A former jooklceeirTr" in the offlce , August Wuetrlch , lad been previously called during the after noon to swear that they had not been cred- ted to the various banks. A part of- his luty consisted In entering the amounts.of all checks from stubs In the check book upon a record. He testified from the record that some of the checks had been credited. After this testimony was Introduced the lounty attorney announced that the state lould rest. The defense stated that It hade | o evidence to offer , but intimated that It leelred to arguea motion to dismiss the ase. Police Judge Gordon thereupon fixed next Wednesday as the date on which he \ould hear the arguments. For rheumatism and nsuralgla you cannot get a better remedy than Salvation Oil. ilriiH1 Grocery Department. SPECIALS FOR FRIDAY. 2-pound cans select sugar corn , 3V c. 3-pound cans choice tomatoes , Gc. 3-pound cans California peaches , SV&c. 3-pound cans California plums , 7' ' c. 3-pound cans golden drop , egg or green gage plums. T e. Condensed milk , per can , only 7 HAYDEN BROS. low Mnny I'JiHNciiKcra Uoen It Curry ? There's the true test of a train the num- > sr of passengers it carries , If It Is a gooJ train it will do a good mslness. If It Is an exceptionally good rain It will do an exceptionally good busl- ICBS. . If | t Is th : best train It will do the ilggeat business. , There Isn't any disputing these statements , 'hey are as evident ua that Omaha wants a new union depot , Tlie Omaha-Chicago train that does the biggest buslinss the lion's share Is" the Burlington's "Vestlbuled Flyer. " It ought o , because It Is the mos { comfortable , the best equipped train between the Missouri liver and the World's Fair City , Vcstlbulsd gas-lighted sleepers chair art * a la carle diners. Leaves Omaha G00 ; p. m. , Arrives Chicago 8:20 : a , m. Tickets at 1324 Farnam St. A1VATIOARMY'S CAMl'FIRE. t'u Meetliiiv nt AVhleli Jinny of tilt"VeterniiH" Attend. The Salvation Army held a campflre at Its > arracks on Davenport street last night , at hlch alarga numlrr of members were resent. The Etage at one end of the hall as. fitted up with two largo tents , and a umber of the veterans who have passed Jong ears In tli ? war against tin took ( helr/posl- lens In them. Eac'i wm called on In turn o address the audience and jjlvo a brief his- ory of their part lives anil their connection Itti the army. 0 , R. Gilbert gave an ac- unt of his experiences as a cowboy In the lid and u colly west , which Included a de- crlptlon of hit" having been phot In a saloon n South Dakota and hla subsequent convcr- on. Ills address was followed by Mlsj Bono ( Beatrice , who described the work accom- lUned by the followers pf Commander Booth n that city. The rest of the evening was asjed In. army services , and refreshments ere served at a late hour , , Tuc Unrllnirton'M Slovrot Train o Lincoln U faster than the fastest train o- ! ny other line. Four trains dally 8:30 : a. m. , 2:45 : p , in. , : S5 p. m , and 7:05 : p. m , Ticket * at 1321 Farnaia St. TIIH 1'OMCH COMMIUMO.V COXTKST. Intlloc ! < AroiinlnFTiHttuplolnnN AtitotiK ( lie Ciinillitiitcn.Vritli I'rotnlNrn , Applicants for the position on the police commlKMlon to tucccort Mayor llroatch are becoming nervous nt theixrotracted OoUy of Attorney fjwiornj Qhurehlll and ind Com missioner unssell In rpsroncllng to the m- vltatlcn of Governor llblcomb to meet as > a state appointing board and formally register their choice for th ? position. They have been holding conference llh their friends nnil urging them to bring pressure to bear en the two state officers In their behalf. All ths men who were recently mentioned us staying In the race nre still confident that they are going to win out , or as one of them expresses It , Insists that they stand as good a chance of getting the coveted place as any on ? . In tlio last twenty-four hours Captnln H. E , Palmer has called In with renewed vigor ns if ho had a hunch from wmo quarter that lightning was looking In his direction. Ho had a , long and anlmatcJ conversation on the mibject with Judge Scott yesterday noon In front of Ths Bee building nnd then walked up the hill with his arms lovingly encircling the form of the Hon. Jim Allan. In the meanwhile It Is bslng whispered around that the pending deadlock betwesn Attorney General Churchill nnd Land Com missioner Uups-slt Is n prearranged device to wear the candidates cut nnd to leava those officials free to repudiate the many promises they hnvo mndo to different favorites. It | y tnld that they will give It out that nslthcr will agree to the preference of the other tend that In order to save the appointment they have finally united on an altogether new man. Each of them can then go to every man who was buncoed and assure him that ho would have had the place If the other could only have been psrstiaded to vote for him too. In this connection a good story Is going the rounds. A prominent attorney who was glng down the street accidentally happened upon John Grant. The conversation naturally drifted to the police commlsMonere'ilp con test. test."Can't "Can't you do something for m& with Ruo- sell ? " pleaded Mr. Grant. "I don't know , " answered the attorney. "Would It do you any god If I could ? " "It would do mo a pile of good. It would fix the whole thing , " said Grant. "I have the positive promise of Churchill that he will vote for m ; . Churchill says he will die In the last ditch with me. " The attorney In question passed along and at the next corner was accosted by Cadet Taylor. "Have you any Influence with Russell ? " anxiously Inquired Mr. Taylor. "If you have , I want you to us > > It to get him to agree to vote for me for the vacant police commls- slonerehlp. " "Well , suppose I could get him to vote for you , you would only have ono vote , and It takes two to elect. " "Not at all , " replied Mr. Taylor. "I have ons vote already. Churchill Is going to vote for me. He told me s > hlmrelf. He prom ised that ho would dl& In the last ditch with me. " Opera singers and public speakers can keep their voices clear and strong with the family remedy , Dr. Bull's Cough Syrup. Announcement. The management of McTague's European hotel wishes to announce to the public that until September 1 , 1890 , ' " there will be a re duction of GO cents per day on all their rooms. Rates , $1.00 , $1.60 and $2.00. This In cludes the same detailed service that lias made our hotel BO popular. Respectfully , THE J. II. M'TAGUE COMPANY. Dovey children concert at Unity church tonight. Tickets at Megeoth's and Chase & Efidy's. SOUTH OMAHA NEWS cec eececccoceecccceccccco. A wet blanket waslthrowa over the mayor and members cf' tbB3 city council atlast , , night's T"spe6lalirBesslQiIl by , a deputy United States marshal ; who served an Injunction and a restraining order on the body , prohibiting It from passing or taking any part In the passage of any ordinance In regard to reg ulating the rates charged by the American Water "W-crks company. Just as Mayor Johnston was about to call the council to ordsr Deputy United States Marshal Tom- llnson stepped Inside the railing and served papers on the mayor and each councilman. This action on the part of the American Water Works company was a surprise to every cne. Mayor Johnston called City At torney Lambert , who could give no advice , ex cept that the mayor and the councilman quit and go home. An adjournment was ti.ken until next Monday night. The mayor and council has been cited to appear In the circuit court of the United States on February 3 to show cause why this order should not bo made permanent. Two Men Drop Out of Sight. G. A. Bartb , a tailor whose shop was In the basement of the Singer block , Twenty-fourth and N streets , is missing. It Is thought that he left on the Missouri Pacific train Wednesday night for Kansas City. Yesterday Earth's plao ? was not open as usual , and at 10 o'clock th ? Janitor unlocked the door to ecz what wan the matter. All of Earth's clothing was gone , his trunk was empty and a box where he had kept books and papers was also empty. Barth was a German of considerable talent. Some time ago he produced the play , "Vic McCarty , the Terrlor of Sarpy County , " onca In Omaha and once here. Both times ho lost money. E. F. Horn , a partner , of Earth's In the theatrical business and the author of the McCarty playis also missing and It Is sup posed that the men went together. A call was made at Horn's boarding house yes terday after It was learned that Barth had departed and upon going to his room It was found to be empty. Tha landlady knew noth ing of Horn's departure. She mourns the loss of a small board bill. Hlrsh , a former partner of Barth'n. Is now running a tailor shop In Kansas City and It Is thought that ho In there. The police In that city will be notified to look for the missing men , Iliillilliitr AHNOulntlon Mei-tlnnr. At a meeting of the South Omaha Loan and Building association Wednesday evening the r--p3.-t of E. L. Dodder , etato bank examiner , was read. Mr. Dodder'Bald that the associa tion was the best off , financially , of any ulmllar organization In the state. The apaets of the concern foot up $74,309.21. During the year 189S the receipts were $1SGSO.C4. During the same prlod there was paid to withdrawing members $9,800.33. In siiltp of the withdrawals the association has $5,314.28 on hand. The annual meetlnjrwlll bo held the first WednetUay In February , at which time five directors will ba .flectcUj . V. M. I. Ix.ilt Troulilf. Tl > 9 Young Men's r Institute Is having rouble. Differences ofloplnlon Is the cause. Some of the members favored dancing and Mnl playing at the bdll and otliors did not. It Iu understood that Jan attempt will bo made to reorganize theoclcty BO as to com bine the Young Men's Christian as sociation features with ) the socials. Those most Interested In the/ welfare of the Young Men's Institute hopt 'for the best , and ex pect to bring the different factions together and thus prevent a epllt. GoNNlp. W. E. Waugh of Lebanon was a visitor In the city yesterday. Henry Thompson of Lima , Mont. , epcnt yesterday looking over the stock yards , Mr. J , W. Landers of 'Arcadia was a guest "f the yards company yesterday afternoon. A Kings Daughters violet tea was given at the residence of Mrs. BlancharJ , Twenty- fourth nnd D streets , yesterday afternoon. About 100 attended , and quite a good sum was realized , which > U1I be used In charity work. _ Swift ii 1'ontolHoc IiiMieetor. | Albert O. Swift of Nebraska City received a New Year's present In the form of a com mission as poetotnce Inspector. Mr. Swift had been a clerk In the Nebraska City post- office for twenty-six years. Ho U well known by many of the older residents of this city. Ob , If I only had her complexion ! Why , It la easily obtained , USB Pozzoul's Com plexion Powder. AMUSEMENTS. J "Trilby , " ns presented by A , M. Pnlmcr's company , rpsned a return engagement at the CrelgMon last night , that popular playhouse being filled wltli ft large and seject Audience , who witnessed the charming performance with every evidence of satisfaction and approval. Some changes have been made In the cast , a number of which ore for the better , at least two patts being more satisfactorily filled than during the fire * presentation tn this city , these parts being Taffy , as Interpreted by Mr. Canficld , and Llttlo Ulllle , plajed by Walter Thomas. Dili again , as a whole , the company la a most competent one. The Svcngall of Mr. Harvey Q. Carlcton baa the merit of not being a copy , and while his In terpretation of the role In some details differs from the methods of his predecessor In this part , It be-aro tlio Hall mark of genuine ability. Indeed , many prewnt expressed a preference for his Impersonation over that of the famous Lackeyo. Miss I2dItli Crane was , as slio richly de served , the recipient of a cordial reception by her Innumerable local admirers , her wonder fully portral of Trilby growing In Impress * tvenesa with acquaintance. Her voice , one of mystic power , Is ono of her strong points , and hr beauty another , and It seems ( hat ono would novcr grow weary listening to and witching her In this owect , but weird character. Messrs. CanRcld and Morrison and Miss Jennie Hclfforth were cordially and warmly remembered from their former Intro duction In Paul Potter's entrancing play. Tlio performance lo In every conceivable way a most enjoyable ono and It Is safe to say the attendance will Increase with each perform ance , UD. It Is assuredly ono of the choicest attractions Omaha will behold this season. The engagement Is for three nights , the only matinee being given on Saturday afternoon , when the capacity of this popular playhouse will certainly bo well tcptcd. The Dovey children , who created so fa vorable an Impression In Omaha by their ringing , ore on the program of the mualcale at the Unitarian church tonight. They have sung bfore the nobility and princes of Eng land and are viewed by musical critics as traordlnary vocalists. Although having had their voices trained abroad , they are Ne braska children , residing at present with their parents at Plattsmcuth. 'Nobody's claim" will be given at tonight by th * Holdcn Comedy company. The Holden company Is said to give tin excellent performance of this ploy , using eptc'al scenery and properties. The frnow > oeno In the third act Is raid to be espsclally fine. The cheap prices which the HolJens have maclo are catching the popular fancy , and the houses are Increasing nightly. At the matlneo to morrow "Tom Sawyer" will bs tli ? bill. On Saturday evening "The Denver Exprens" will bo the bill , and at the Sunday matlneo "Koxy , the Waif , " and Sunday evening "Tho Pavements of Paris. " "Fantasma" will be the attraction which the Crelghton will offer to local play-goers for the four nights commencing Sunday mat inee , January 12. The Hanlon brothers oc cupy a unique position In amusement circles. They are to all purposes alone In their par ticular field. That their efforts have been exceedingly successful Is evidenced by the success of "Fantasma , " a prssentatlon which has delighted untold multitudes , and must have been the means cf adding considerably to the worldly possessions of Its owner. It Is promised that this season "Fantasma" has beert entirely reconstructed , and that the company Is an exceptionally capable ono. Oeorge H. Adams Is the clown. Troubled tvltli Sick IIoniliicIicN. "I cheerfully recommend Hood's Pills , as I have found them a cUre for sick headache. I was troubled with sick headache for years , but since taking Hood's Pills I have not had them at all. " Mrs. Emily Pfefferle , 2940 Castallar at. , Omaha , Neb. Hood's Pills euro Indigestion , biliousness. Olive IlctlrliiKT Coroner a. Chiilr. M. O. Maul , the retiring coroner , was agreeably surprised last night by the gift of a fine leather arm chair as a testimonial of affection and esteem from nls multitude of friends. When the rear room of the morgue had become nearly Illlcd by them , Dr. Womersley arose and In a few humor ous remarks made the presentation. Ho stated that as Mr. Maul had had the repu tation of never sitting down during hla last two terms as coroner , his friends took this opportunity as he was retiring from office , to present him with an article which -would hereafter enab'o him so to do. Mr. Maul responded , thanking his friends for their kind remembrance of him , and the rest of the evening was given up to Jollifica tions. , EloncM with Oj-Hlom. Nelson Allen , a colored man , was pass ing along North Sixteenth street about 6 o'clock last night , when he happened to spy a large bucket of oysters In front of the market of A. E. Marsh. The succulent bivalves proved too much for his gor mandizing Instincts nnd when no one was looking ho executed a flank movement upon them and the next minute Nelson and the oysters were sweeping down the nearest alley at breakneck speed. The po lice were notified of the theft and Dftect- ives Dunn nnd Donnhuo Immediately went to the house of Allen nnd found him In the act of regaling himself and a select coterie of friends on his Ill-gotten dainties. Nelson and the oysters were lodged In the Jail. PERSONAL , PARAGRAPHS. R. H. SpIIman , Philadelphia , Is a Darker guest. Mr. and Mrs. Frank Coleman of Nelson are Paxton gucsta i. u. usgooa and A. C. Cara of Denver are Mlllard guests. E. P. Rohrbaugh , a Cheyenne physician , Is at the Merchants. Perry WcstphHIng , St. Joe , Mo. , Is regis tered at the Barker. J. C. Kenmoutb , a Spearfish hotel land lord , is registered at the Paxton. Edith Crane and Charles Canfleld of the Trilby company , are guests at the Mlllard. 0. W. Priestley , president and cashier of tie | Oakdale bank , Is a guest at the Dlone. ) H. O. Carleton with A. M. Palmer's Trilby company , playing the leading part , Svongall , is registered at the Darker. Manager C. D. McCaull and fourteen mem bers of A. M. Palmer's Trilby company , ore making the Darker their headquarters while playing In Omaha , E. Dickinson of the Union Pacific and a paity lift for the west In his private car last evening. They will make a tour of points In Colorado. at ( lie IIotelN , At the 1'axton F. II , Black , nushvlllo , At the Dellone P. G , Hnmer , Kearney ; Alllo Furlong , Auburn , At the Murray John Bratt , North Plotto ; Mlsa Seymour. Lincoln ; W. It. Alexander , With oo. At the Mlllard-C. L. Richards. Hebron : R. D , Schneider , Fremont : J. ll. Culver , Mllford. At the Merchants F. M , Wallace , North lend ; C. 11. Cornell , Valentine ; Gut Graff. k'ymoro ; J. W. Landers , Arcadia. At the Arcade J. R , Danlelson , Aurora : II. A. Harrowc. Teknmah ; M. C , Lindsay. North Platte ; W. 13. Wallace. Wayne. Awarded Highest Honors World's Fair , PR ; CREAM BAKING POWDfR MOST PERFECT MADE. \ f. rs Grape Cream of Tartar Powder. Pica furo Ammonia , Alum cr any other adulterant , 40 YEARS THE STANDARD , J J We hnvc nindo n largo purchase of Woolen Hose nt a price less than the cost of the mat Jrial ami place them on sale Men * day morning. They arc divided Into two lots and we offer them nt 7 f ? 7j Among the 15c lot yon will find the best heavy nil wool socUs , seamless with .Double Heels anil Toes also lvht ! nnd line grades not n pair in the tot which retail ordinarily for less tlmii 25c , nnd the great majority of them worth up to 40. : . The 25c lot contains some of the choicest half hose of line wool and cashmere for which yon pay regular from 40 ; to ( lOc. This Is the opportunity for you to lay in your iuxt winter's supply of socks. "THE POT CALLED THE KETTLE BLACK. " BECAUSE THE HOUSEWIFE DIDN'T USE SAPOLI GHAS , SHIVEHICK & CO. , Furniture 1206-1203 Douglas-Si. f A To Keep Young | needs no magic elixir , It only re t quires a little daily care of thev * t tI health. Ripans Tabules reduce i the wear and tear of life to the low est point , t t nipnna Tabules : Bold by druggliti , or br . mall < * If tlie price ( W cents a box . ) Is sent to T.e . III- , . . pans Chemical Company No. ID Spruce St. ; N. T. J j LOOP POISON A SPECIALTY r/ UaryBjrplilllspermanently cured In 16 to 36 days. You can bo treated nt Iiomoor thOdumBprlcoutido-natuoBUnratity. If you prof or to coma hero wo wlU contract to pny railroad faro and betel D Us , nni" no charge.If we full to euro. If you hove taken mer cury , Iodide i > otiiHh , and still tmvo nchea and pains. Mucous I'litchos In mouth , Horn Throat. rlmplcB , Copper Colored Bpotfl , Ulcers on ny part of the body , Ilulr or Kyebrows fiilllnp ; Jut , It la this Syphilitic ItLOUD I'OINON thai wecuarantoe to cure. Wo solicit tlia most obsti nate cases and cnnllenge the world for a CIIHO we onnnat curn. M'lils dl'easa has nlvraya ballled tl.n skill of the must eminent physl- chine. 11000,000 capital behind our uncondl- tionalguaranty. Abgolutoproofs"ontsonled on ippllcatlon. Addreis COOK ItlSAIICDV CO. , 07 Uiuonfo Xcmple. CHICAGO. ILL. n I Tin Oil BiifTcrora jmiy obtain valuable liQifllintl p.imphlnt by onuloliu HUMID t3 uninilllll Columbia Clu-mUMl Co , Wiiuli- InKlon , D , o. No euro , no pay , Tlila concern ! H reliable. RUPTURE PERMANENTLY CURED NO PAY UNTIL CURED VI BEFEB YOU TO 8 ,000 PATIENT8. WrlteforBankHeferoccsB. EXAMINATION FRCE. Ho Operation , Ho Detention iroin iiusiness , SEND FOR CIRCULAR. THE O. E. MILLER CO. , 307-308 H. V.tlfe BIdB' , , OMAHA , NEB. UP TO DATE ! § SE NEDHHTED TOOTH Ml } ? Tlio must cxqulslto denlrlflce e > er orlgl. JJ nated. Guaranteed not to contain anything V Injurious to tlio teeth. For tula by all n drusulslt ) , 25 cents per box. BTOOKHOMJIJUS' MKBTINCiLNION EI-.HVATOK COMPANV OV OMAHA. Notice la hereby t'lven tlmt a meeting of the stockholders of the Union Elevator Company , for the purpose of eirctlnir eeven directors and the transaction of fuch other an muy properly come before the tlng , will ba held in the llbrnry. Union Pacific building. Ornuhn , Nebraska . * UUIIU MUJIUIIIH. Wftlullll tlvutuonu. upon Monday , the 13th day of January , 1S13 , be. twccn the houru of 10 a. m. and C o'clock p in. The clock trnnnfcr books it 111 be closet ] ten dayh before the date of meeting , Omaha. Nebraaicu. December 21. 1S&5. B , ll , ll. CLAHIC , ( My mama used Wool Boap ) u with mine b4) ) WOOLENSv\\\ \ \ \ shrink If WOOL SOAP STOCKHOr.DEUS' MUI3TING-UNION LAND COMPANY. Notice Is hereby Klven that the annual meetliiK of th ; gtockho'dcrs of the Union Uind company for the election of live dlrec- era end the transaction ol nueli other busi ness ua may lawfully come before the- will be hold In the library , Union. Pacific bulldlnK , Oimilm , Nebnuku , upon. Monday , January 13 , l&W , at 10 o'clock , a. in. The Block transfer books will bo closed ten days before the data of the meeting. Lioston , MaiuinctiuvcttM , December 12 U95 ALEXANDER MILLAR. Hecretary. D22 < 123tm STOCKHOLDERS' MEETING. Ofllce of Lee-Clurke-Andrecscn Hardware Company. Omaha. Nebraska , December It , ISM.-Notice la heieby given to the stock holders of the Lee-Cldrke-AiidrceBen - - Hard- varo company that the annual ineeUiitr of the ttockfiolUera of the company win be , held at the ofllcea of the eald company , 1219 , im and K'a Hitrnuy * trcot , In the city of Omaha , In the utato of Nebraeka , on Tuesday ' , January H , A. D. , 1890 , at t. o'clock n. m. , for the purpose of electing1 u. board of dlructorv for the company to nerve- during the enuiilnt' jenr , anil to tranuact Hitch other buBluceu ua may be presented ut tuch meetlnt ; . ( Attest. ) H. J. LBC. President. W. .M. GLASS , Secretary , DHdJ2t-M j
