THE OMAHA DAILY BEE : SHNDAY , JANtTABY 1800. OMAHA'S ' DEPOT QUESTION Hearing Before State Board of Transporta tion ia Finished , DECISION MAY BE GIVEN IN TEN DAYS Union Pnelfte to He Henril from li Jlrlcf ArKinnriitM of Petltlmtcrn mill ItvMponilcnlH " Marie Ycntcrilur * The meeting of the Staio Board of Trans portation at 10 o'clock yesterday In the rooms of the Commercial club waa attended by a number of Interested citizens. In addi tion to the rogutor legal talent that has ap peared In the case heretofore , there were present M. A. Lowe , general solicitor and at torney for the Rock Island road , and George n. Peck of Chicago , general attorney f Jr the Milwaukee road , The morning's session was opened by Win- field S. Strawn , who la mippoasd to represent the Hock Island and Milwaukee roads , and other parties objecting to any action on the part of the board which shall compel certain roada to enter the proposed union depot. John L. Webster staUd that ho had been en deavoring to discover In whose Interests Mr. Strawn did appear. "You haven't succeeded yet , have you ? " queried the latter. Mr. Wtbstcr replied that he had not. Mr. Strawn dwelt nt. pome length on the facilities that would be furnished by the construction of the depot at Tenth and Maser Directs. He raid that Thomas L. Klmbal knew more about the railroad sltuatlcn thar any ono elsj present , and he had testified that the propossd depot , now partially con structed , would be ample for all the needs cl the city for many years to come. Omaha was not the nourishing city that many had ex pected It to be. "Tho fact Is , " said Mr. Strawn. "It has passed through a season of severe financial depression , and the Tenth and Mason street depot would prove moro commensurate with the condition of the city than would tht proposed union depot at Ninth and Farnam streets. " He argued that the contract by which the Union Pacific Is obliged to build and construct - struct the depot on the present site for thu use and accommodation of all rallroadu en tering the city should not be Impaired. Ont. story of the new depot had already beci : constructed , and no obstacle should be thrown In the way of the companies desiring a speedy completion of It. The depot facili ties would bo all that could be desired , the appointments would be ample and complete and there would be end approaches to all trains Just as In the other depot now priv posed. The platform accommodations would also bo ample- for the convenience of the traveling public. Mr. Strawn clnwd with an appeal o the members of the board against the Imaplrment of the contracts , and said that there was. no Justification for the breaking of the con tract which called for a depot at Tenth and Mason streets. MR. WEBSTER'S ARGUMENT. John L. Webster followed and spoke sub stantially as follows : I mean to contend that sufficient power Is vested In the State Hoard of Transporta tion to compel each and singular of the rail way companies operating railways In the city of Omaha , for the carrying of passen- KCT.I , to build and maintain such depots as public necoFslty and convenience reasonably require. If , under the circumstances In Which each of the respective railway com panies find themselves , It Is impracticable for all of them to build and maintain such ti 'depots upon their respective proper- tie ? , then . .puch railway companies may be required by the order ; of the board to run * and operate their railway ' * trains Into such nepot as may be con structed by any other company , and each of the railway train ? shall be so operated 'as to take on and let off their passengers In n depot suitable to the public conven ience , and reasonably required as a public necessity. It is a conceded fact that there arc no suitable depot facilities at Tenth and Mason streets and that the structures there ex'st- Ing1 arc wholly Inadequate for the accom- 4 modatlon of the railway lines at that pnt. ! and are not such an public convenience and neceralty reasonably require. There Is much jircof before the board that the Webster street depot Is likewise Inadequate , and that It furnishes no protection to passengers In polnFT to or cownff from trains , and under the proofs I believe the board must come to the conclusion that that depot Is not gush tin pub'.lc convenience and necessity reason ably require at the hands of the railway companies. The situation is thnt all of the railway companies nro using depots which are In adequate and not sufllclent to answer the public necessities , and this condition hn so long- continued as to require same radical notion at the hands of the State Board of Transportation. To this end the board Is Krantea ample power. Artlo'e 17 of the acl defining the duties of the State Board of TranFportatlon , provides , among othei things : "It shall carefully Investigate , upon proper complaint , any lack of the facilities ana accommodations * for the com fort , convenience and accommodation of In- dlvlduils and the public nnd when ever. In the judgment of said board , anv repiirs nro necessary uoon any such depots and station houses or addi tions to or any changes In * * depots nnd elation houses are , necessary. In order to secure the comforts. * accommoda tion nnd convenience of the public It shall make findings of facts nnd an order requiring1 such railway corporations to make such repairs. Improvement1) ) or additions to eurh stations , depots , etc. " Such order of the board the courts wl'.l enforce , even to the hulldlncr of now demts. State against C. , S. P. . M. & O. n. , 13 Neb. . 47G. 47G.The language of this section goes to the point that the board Is empowered to ray that a depot fhall bo such as shall bo sult- nblo lo the "convenience and accommoda tion" of the publ'c. ' nnd the board Is em powered to say that such depots' shall bo so built nnd constructed ns to secure four things , to-wlt : Safety , comfort , accommo dation nnd convenience of the public. We draw attention to the point , that the con venience comfort nnd 'accommodation spoken of In the law Is not such con venience , comfort and accommodation aa shall plcare Iho rallwav companies , but It Is the convenience nnd accommodation of the publ'c ' that Is ppokcn at in the1 section. It Is the common contention of thn mil- way companies that they are veiled with discretion under the common law , or under their chartered rights , that If thev have a depot \vhlth thev think Is adequate for their UPCH , the public luis no rlitht tn coin- plain , I do not stop In this d'sciiFslon ' testate state what the cimmon law may be , be cause the law of Nebraska Is distinct upon that point , and fixed by statute , nnd It Is the convenience nnd accommodation of the puhl'a ' thai arn to be consulted nnd looked to uy the State Board of Trannportntlon. MAY ORDER NEW DEPOTS. It may bo Bald by the railway companies that the law quoted relates only to addi tions and changes in existing depots , and that therefore the board Is powerless to older too construction of n now depot. The answer to that Is two-fold : All of the railway companies say thnt they have depot nccnmmodatlons either In their own rlphtH or under leasehold con tract. That Is to say , that the railroads en tering the south side of thu city at Tenth and Mason pticcts have a structure , and the railroads entering the north part of the city have the Webster street Etructure. This remission lay * the foundation for the power of the board to order these re p ° cllva depots lo bo so enlarged by additions and changes us to answer the convenience and accommodation of the public. The power of the board , however , Is not BO limited , The law presupposes thai every railway company has bome kind of a depot , and If not , ut common law It was required to construct and maintain a depot. Such was the policy of this state announced In the case of Rfato ttunlnst 11 , , V. & R , Co. , 17 Neb. . CI7 , decided In 1S& . This was re affirmed In Rlato airainst R V. & It. Co , K Neb. . M2. decided In 1SSO. Under these decisions railway companies can he com. pellcd to build and maintain depots at each point Where the road paarea to accommoJa'c the , public ut said point. Then camn the net conferring additional power upon Uio State Board of Transportation , fflvlny KII * pervlsory control over such depots , with power to make appropriate orders. It Is Idle to eayl thai the act Is not broad er.cutfh to give the board power to compel the construction of depots , or that these supervisory powers are limited to etructure ? already existing , because , If so , any rail way company could defeat the power of thn board and make the law Inoperative by refusing- build depots In the flrst Instance or by destroying depots already exlstlnr , The logical result Is that thn paw- era of the board are millldentlv comprehensive to compel th rail way companies to construct and maln < tain euch depots as are necrouurv for the convenience and accommodation of the pub. ll < 5. This power of the board In not limited to compelling a railway company to build nnd maintain n depot upon Its own property , The law Oocs not ray that. To K.VO the law such n. narrow construction would de stroy its efficacy and utility. Railroads arc required to have depots. If they have not ground of their own upon which to build they must acquire the Kfnmd , or they must run Into and utilize a depot furnished by * omo other company. This argument may not only bo enforced , but demonstrated by existing- facts : The Rock Island cacc. The Rock Island Railroad company nppenrs neforc Ihe board and says lhal II Is nol subjecl to the Juris diction of the board because It does not own a railroad In the city of Omahn , neither docs It own any property upon which to construct a depot. It Is even bold enough to say thnt It doc ? not operate n railway within the clly of Omaha. It Is nn admitted fact , however , that the Rock Island company runs Its trains Into and within the city of Omaha with regularity. 11 takes on nnd discharges passengers In the city of Omaha. It Is ns such a rnl'.way company nnd exercises the powers of n cc mmon carrier within the city of Omaha , ns docs the Union Pacific company or the Burlington company. If the Rock Island company desires to escape Its obligation to the public in the city of Omaha , lei II take off Its trains , close Its t'ckcl olllce nnd depart from our midst , or otherwise let II willingly acknowl edge Its ol > : iKaton ! to the public by seeing to It that Its trains run Inlo nnd depart from n depot suitable to the accommodation of the public. The same Is true of the Sill- wntikoc Hallway company. II IB no answer for these inllway com panies to eay that they have no right of way nor depot ground' , and that therefore they rhnuld not be required to maintain a depot. The mere statement refutes Itself. If such a poritlon can bo true , then every rnllrd company that runs Into a town upon the tracks of another company could discharge Its passengers nt any point it pleased with Impunity , defying Ihe rights of the public to have it perform Us duties as a pub'Io carrier. , The Webster strccl dcpol furnishes nn- olhcr Illustration. This depot and the ground upon which It stands Is owned by one company. The two other companies whose trains run Into th's depot , do nol own the depot , nnd do nol own ground upon which to build ono. But that Is no answer to their obligation to build and maintain a depot such ns thU board shall decide to be necessary to serve the safety , ' convenience nnd accommodation of the public. What we have said leads Irresistibly to the conclusion that If any railway company has not the property upon which to build a depot , and Is so situated thai II cnnnol acquire such property convenient to Its ex- 'stlng right of way and main line , It may be required to go elsewhere , to a point that they may answer Iho convenience nnd ac commodation of the public , and to acquire nrcperty nnd build n depot , or If tlio ex igencies of the cape require It , to run Inlo the depot of como other company that offers' proper facilities. SITUATION AS IT IS. Having1 laid down th'.s general proposi tion , let us deal with the existing situation. The Tenth street depot cannot be made to answer the convenience nnd accommo dation of the public for the following rea sons : This depot , If constructed , would be sur rounded on nil sides by railway track" , so thai every approach to it would be cut oft or seriously Interfcrred with , except the approach preach by way of the viaduct. The elevation from the tracks to the level of the viaduct Is twenty-six feet , an elevation equal to the roof of a two-story building. Any location that would require the public to travel up mid down stairways to such an elevation Is nol one thnt answers the convenience or accommodation of the public. This ends this case , wlthoul discus sion. Men , women and children cnnnol climb stairways , laden with hdnil baggage nnd traveling phnrnnhcrnalla without suf fering the greatest inconvenience. It Is suld lhal this depol Is lo have ele vators. Admit thai facl and Ihe charnclcr of the Iravellns public Is such lhal a score of policemen would not be EiUIlclent to force a crowd of people Into these e'.evalors. Ele- tors are repulsive to the masses of people who are not familiar with them. In any event , elevators arc subject to ac cident. The crowds of psople arriving : on any public occasion overcrowding of ele vators would almost certainly cause a panic nnd lors of life in case of accident. Elevators under such circumstances would be practically useless. A dfpot at that point places not only the railway companies but the traveling public nt the mercy of possible accidents on the viaduct produced by blockade of slreel car lines , passing ; processions , and olhcr llkft Inconveniences. In case of a strike of railway employes , which might result in riot , taking possession of the vladucl would absolutely cut off the facilities for railway travel. Many other UHiRtrntlcns crowd the mind , and show thai a depot located where the 'traveling public would be subjected to so many possible inconveniences nnd uncertainties Is abso- .utely hazardous. The depot company has not a legal title to any of th ° ground coveted by Ihe build ing and has no prospccl of gelling n lllle. The foreclosure of the morlgnge upon Ihe Union Pnclllc lines would wipe any lltle lo the properly out of existence. In any event , this depot would not be built by any of the railway companies. II Is not contended by any ono thai Ihls board can order the depot company to build a depot , but Ihe order which the board shall make shall be directed against the railway companies. To order Iho railway compa nies lo build n depol at Tenth and Mason streets does not , therefore , mean the construction of a depot by the Union Depot company , nnd no such order con be mnd ; . If Ihe Union Depot company should , of Us own accord , build a depol al Tenlh nnd Mason streets , then It may be thai Ihe Railway Depot company would be glad to have the board make such nn.order , nnd in- slfl Ihat the board hns power lo do so. It logically follows thnt If the board can order Ihe Union Pnclllc company and Ihe B. & M. company lo use the depot nt Tenth and Farnam htrcots1 , It can likewise order these companies lo use any other depots which furnlBh llko or equal facilities , and equal , If not greater accommodations lo Ihe public. The depot company which proposes to build the Fnrnnm street depot nppcars before - fore th ! board In the position of being ready to conptruct a depot , to furnish trackage and other facilities for each nnd nil of the railroads enterlnir lha cltv of Omaha , and offers these facilities to the respective railway , companies. This IB a plan Ihat Insures the convsnlence of the public , and I ? the only plan that docs so Insure It. If Ihe board shall Ilnd as a matter of fact thai Iho Farnnm street depot plan IP the only onn which Is comprehensive enough to answer the consenlenc nnd accommoda tion of the public within the meaning of Ihe law , then the board neccfFarlly hns eufll- cient power to compel the railway com panies to avail themselves of the facilities so offered to them , This docd not mean thai Ihe board can order Ihe respsctlve railway companies to accept such n form of contract as may be tendered to them by the depot company , for the depot company by the nature of Us organization IH n public corpoiatlon , subject lo state control , and when It shall have furnlHhed trackage nnd other facilities for the respective railway companies , It can be compelhd to allow tuch railway compa nies to use such facilities for n reacomblp compensation , and like any public carrier. It can bo compelled to nllow the railway com panies to use Its tracks nnd Itn depots , nnd what Pha'.l bo considered a reasonabl ! com pensation Iherefor Is n matter which the courts have power to decide where the par- tics shall fall to agree upon term ? . ROCK ISLAND BEGS OFF. At the opening of Iho afternoon session Mr. Wcibster eald that as representatives of the Rock Island and Milwaukee roads wlsted to bo heard nnd were compelled lo leave Iho city very ehorlly he would give way to them. Ho reserved the right to finish his argument later. General Atlorney Lowe appeared for Ihe Reck Island road. Ho said that his road had no Una In Omaha ; that they were simply by agreenmit using the Union Pacific tracks. Ho said that the law did not provlJe for the construction of depots on hU line when they were subject to the Union Pacific road. The latter road had guaranteed Ihe Rock Island mltquato railroad facilities and Ihe public should look lo the Union Pacific , and not to the Rock Island. Why should the board make an order which could not be- sustained ? The peopla would only be kept waiting many months lunger nnd deprived for a longer tlmo of dcpct facilities , which they have a perfect right to demand. In answer to a question by Attorney General Churchill Mr. Lcwo said that he thought It would bo practi cable for the board to Issue an order com pelling tha Union Pacific road to furnlali proper depot facilities for the Rock Island read. George R. Peck , general attorney and solicitor of the. Milwaukee read , questioned the authority of the board to compel his road lo enter the proposed union depot. He read the etnto statute rcgnrdlng the power cf the board , and Bald that It was grunted the board to Imve jurisdiction only over roads operating from ono point In Ne braska to fcotnc- other point In theBIIUJ state. Ho asserted that the Milwaukee ) road did not operate a railroad In Nebraska ; that It was strictly an Interstate railroad. Granting that the hwrd had jurisdiction of the mailer , Mr. Peck tsald no courl In this land , much lets Iho State Board cf Transportation of Nebraska , can mnko con- trccts. It might be Ihat the board cguld compel the erection ot separate passenger stations by the roads entering Omaha , but no court or no l > card could force the different railroads to make n contract for the pur- ) use of entering a union depot. He was i : hope that Omaha would traon cecure such x metropolitan depot ai uch a Urge city ilmrved , but the Milwaukee road could not , If It desired , enter Into uch an agreement. AGAINST FARNAM STREET SCHEME. Mr. Greene of the n. & M. , for the com- prny , also questioned the right of the board to Issue an order In favor of the proposed depot nt Ninth and Farnam strcels. He said the whole controversy was between per sons desiring belter depot facilities , but who differed In their Ideas for securing these. The controversy , In his opinion , was not be tween thoto who did and those who did not desire a. new union depot. The Farnam street scheme was brought forward by stock holders In a company that would bo greatly enriched by ihe ccmplcllon ot a union depol at that point. Mr. Webster had proceeded upon the assumption Ihat Ihls company had already constructed the depot , had laid the necessary tracks and provided all the ap- prcaches. This was not the case. The com pany had not a rail south of Dodge street and the lot at Ninth and Farnam streets was as bare as It was twenty-five years ago. It was not within Ihe coniract obligations this company has assumed with the stale to compel that company to move Its depot n mile or a half mile simply for the conven ience of the public. Ho admitted that If facilities offered were grossly Inadequate II mlghl b ? well lo make necessary changes. Iho bc&t way for Omaha to secure a union depot on the Farnam street location would be for the company favoring the scheme t > > proceed with Its erecllon and then endeavor to secure the entrance of the various rail roads In the city. Mr. Greene went on to argue that the only orders that thy board could Issue was one to compel the old Union Depot company to complete Its depot or one to compel each of Iho roads entering the city to build a stn- llon of Us own , He held , however , thai the board was absolutely without authority to order a depot to be built at the foot of Far nam street or anywhere else Where the old Union Depot company or the roads did not wish. Atlorney General Churchill asked what Ihe beard could do In case the Union Depol com pany claimed lhal It was not financially able to erect a depot building. Mr. Greene poohoocd the Idea. He said that the company was backed by two of the grealcsl corporations en Ihe face of Ihe earlh , and Ihat the board could Issue Ihe order upon lliem as slockholdcrs. He slalcd that they certainly could not refuse to obey the order because of lack of financial ability. If they pleaded such an excuse It was tlmo for their charter to be forfeited. DEPOT WANTED ANYHOW. I. S. Andrews , who appeared for the peti tioners , remarked thai Ihe people of lha clly did not care where the depot was located oo much as they cared for a depot some where. They did not belldve , however , that the Union Depot company would do much In the way of erecting a structure , judging from the conduct of the past. Ho then went on to discuss the positions that the- railroads had taken in the matter. The Rock Island , ho asserted , made the claim that no order could be Issued upon It , because It held that It came Into ths city over no track thai belonged lo It. The fact that It enjoyed all the benefits of any railroad Incorporated under the laws of the stale did not appear lo figure largely In its calculations. Its con tract was with the Union Pacific , It argued , and therefore Ihe people musl look to the latter. It held that It could not be held re sponsible ; that Its contract was with nn In solvent corporation , and therefore was nol responsible for Its lack of judgment In male- Inn such a contract. Mr. Andrews also dented Ihe claim of Ihe receivers of Iho Union Pacific that they were responsible only to the Unlled Slates couTt and lo no oilier court , and Ihat consequently any order Iraied from another court would be Invalid. They argued , he said , that out of the receipts they were compelled to pay the expenses of tunning the road , and to turn over the rest to the bondholders for thb payment of mortgages. Mr. Andrews argued , however , that In his opinion the receivers were Iho agenls of Ihe bondholders , arid as such were as liable lo an order from Ihe board as Ihe bondholders themselves. He asserted Ihat on Ihelr claim the receivers could refuse an order for the reconstruction of a dangerous bridge unless they were or dered to do so by thq United Stales court As an example of Ihe position in'whlch the -receivers placed IhemselvTs1 ; Mr. Andrews cited 'Ihe care of S. H. H. Clark. While Clark was manager of Ihe road he did nol deny that the board had power to compel him to obey such provisions as were em bodied In the charter , but immediately afler he became receiver he held that the. board had no- more control over him. v * Mr. Andrews also attacked the stand of Ihe Rock Island and the Milwaukee roads , which claimed that no order , compelling ths building of ths- depot at ( he foot of "Farnam street could be made , inasmuch as they were both Inleresled In Ihe old Union Depot com pany. Mr. Andrews said thai Ihe position carried but Httla weight , as the two roads were party plaintiffs In the injunction suit which brought the work on the depot to a stop. They simply did not want to go to the expense of erecting any new struclure , as Ihey obtained as much business at less cost at the shed on Mason street. John L. Webster made a few more remarks 'n line with thosa he had made previously. In the course of his argument he atlack'ed Ihe position of the Rock Isjand , but Attorney General Ctiurchlll Interrupted him to tttate that the bsardhsd , decided that''tho Rack Island came under theprovlfioufl" of the statutes , which' compelled roado to" conslnlcl adequate railroad facilities. > HEADY" FOR THE O Attorney. Geneai Churchill asked & } r. Webster whether the board hat ! the power to order the Omaha Bridge ar.il Terminal company to , build a depot. In answer Mr. Webster told that It had } , an'd proceeded 'to ' explain. , Ho stated that..thOj.chartertof the company fet out that It" was organized to build rallroidstand depots , not forMtself alone , but for other roads. Mr. Webster stated that moreovei the company wan asking for the crder and that It could certainly not refuse to obey It under the clrcumstanMs. "Suppose tre M soji e r et , d po. Is ordered , " continued Mr. Webster. "The Union Pacific and the Buillngton snd iho t erne suth part of the city would bo accommodated. If , on the other hand , the Karnam street depot ' 1L- crdered , all the roadu cm go In , end the north part of the city would recjlve some benefit. In the one casj about one-half would ba accommodated , In the other everybody. " Sterling of the Northwestern and the Elkhorn - horn roadu made but a few remarks. He held that no crilrr should be ferved on the Northwestern , Iwcaura It did not com ? Into the city at all. Its cat-tern terminus was Council Bluffs , only one train running Into the union depot over the tracks of the * Union Pacific. There was not oven a leasIn ex istence , ho raid , between the roads for the IIEO of the tracks. 'Therefore lif elated that the only effect an order would have on the road would be the withdrawal of this train , Mr. Sterling aim held that the board had no pswer to irsue th ? order on the Elkhorn , be- canso that road already had adequate facilities at the Webter street depot. "They .no not luxuriant , " lie added , "but they ar ? adequate for the needs ot the clly and the road. " Ho Invited'the board to examine the depot. Attorney 0. R. Webster of fie Terminal company requested permission to lefnto the clmrgo that ten or lUte-ni minutes would bo added to the time of all trains If Iho depot was removed to Farnam street. He showed that the distance from the eml of the brldg ? to tlio present depot Ettp lo 2,300 feet and that tha distance from the end of the brldgo to the proposed depot Me Is 3GOO feet , 1,200 feet more , a distance which h ? showed cculd bs covered In twenty-eight seconds. Mr. Webster also presented to the board a petition nlsnd by over 1,000 bankers , busi ness and professional men of the city , who urged that the depot at the foot of Farnam street would bo a great benefit to the city. This concluded the hearing. Attornsy Gen eral Churchill announced that Judge Kclloy , solicitor of the Union Pacific , would be given until Situnlay to file a brief , as he was un able to attend the hearing , and that decision of tbo boird might be expected within a week or ten days thereafter. With that the board adjounmed. _ _ Xotlcf. Special meeting ot Nobratka lodge No , J , A. F. nnd A , M. , Monday , January 13 , at 1 o'clock p. ni. ( sharp ) . Masonic hall , to at tend thu funeral of Brother William Smith , 4C6 So. 24th avenue. All Master Masons Invited. B. F. THOMAS , W. M. | DIED. 1'01'PLUTON-A. J. , Jr. . a .l 6 year * . Friday cvenlnir at 6:4 : } o'clock. Funeral from residence , 10M Georgia inenur. today at " p. m. Inter * incnt. l'ro pect Hill cemetery. SPKTHMAN-Jolm O. . of Sarpy county , died Saturday at 2 o'clock u. in. Funeral from the residence ot Ills stater , CIO South Sixth street , Council Bluffs. In. , at U a. m. Monday , HAYDRK HHOS. Ilia Bnrcnln Kvrrtt * IlrlotljMett - NEW ILKS. Our silk buyer Is In r the cast nnd Is rend ing us dally come aft the best silk bargain ! the market affords. .We put some splendid values In new silks on tale every hour. There to at present ! oter $50,000.00 worth of spring " 96 silks In' ' this department. Over 6,000 pieces of fancy and figured silks , even ing ellks , black broc il < fdisntln * , colored drtss silks and Japanese wnth silks , Mnny ex clusive dcs'gns , Some patterns bought tn only one dress or walit length. The un approachable variety of excellent qualities uud splendid styles Mtll meet every demand. Prices the lowest. Everybody Invited lo sco this magnificent line. HATS AND CAPS. Annual clearing hat and cap sale , Jl.&C nnd $2.00 men's fine fur derbys and fedoras , 95c. COc and 7Ec men's heavy storm caps , 35c. EMBROIDERIES. Our January sale of embroideries begins Monday. Klegant edges nt Ic , 2c , 2V4c , 3c , 4c. Beautiful embroideries and tn ertlt.gi , EC , 8c , lOc , 12c. All Ihe new Nainsook , moussellno do sole , linen , etc. , novelties at 25c , 35c and 50 c per yard. Big job In fancy laces at So , 12c and ISc per yard. Ark for ths new Buttcrlck fashbn sheet. Calendars for ' 90 free at Notion counter. Remnants of ribbons , 2Vfcc , 3c , uc , Tc nnd lOc. Clearing up button stock. Buttons at Ic , 2e , 3c and Cc dozen , worth Do , Sc , lOc anil 2Sc. CORALINE DRESS STAYS. IOC PER SET. SPECIALS IN BLANKETS. Silver gray and whllo blankels , Me pair. COO wool mixed gray blanket. $1.25 pair. Heavy whllo all wool blankels al V-.OO pair ; a real bargain. Special clearance sale of all our home made comforters at $1.95. These goods ore extra slzo and sateen both sides , really worth $3.00. SPECIALS IN FLANNELS. 500 pieces of white , all wool flannels at half regular prices ranging In price from lOc yard to 35c yard. Special line of outing flannels at SV&c ; n bargain. Sanitary flannels at Cc yard. LINEN SPECIALS FOR MONDAY. CO-liich unbleached damask , 35c. 60-inch silver bleach , extra good quallly , ! Gc. 72-Inch unbleached damask , 49c. 5-8 napkins , good quallly , S9c , $1.15 , $1.35 and $1.CO. 500 Marseille ! ] bed spreads , $2.00 each ; wcrth double. A fine assortment of towels , 7'/4c each , AT THE GROCERY DEPARTMENT. 10 bars laundry soap for 23c. Condensed milk , per can , 7c. Good raisins , 2' , c pound. New California peaches , EC pound. New corn meal , Ic pound. FrE'h ' catmeal ( kiln dried ) , l$4c pound , or 3'io for 2-pound package. Pure corn starch , per package , nnly 5c. Everything fresh and new or money re funded. HAYDEN BROS. , 16th nnd Douglas Streets. Klii(7 Solomon' * Notion Thai "There Is nothing new under the sun' dea not always convey < the trulh. Especially lo thin true as regards the new comp slt ; cars now cperaleJ dally via the Chicago , Union Pacific and Northwestern Line between Sail Lake City and Chicago. These handsome Buffet Smoking and Li brary Care ari entirely new throughout , of latesl design ) contain tall modern Improve ments , and are well supplied with writing material , the leading daily paper ? , Illustrated periodicals , magazines , etc. The fact thai Ihesu cars run dally via "The Overland Limited" and that the Union Pacific was the line west of Chicago to Inaugurate this S3rvice clicuhl commend Itself to all. See Ihat your tlckels iread via "The Over land Roule. " OMAHA , Dec.S7t lS95.-r-"We ileslre lo take ( this 'opportunity to'-exnressinour-otlian'xsuto the World Mutual' Benoflt "aisoclatlon , tb'e Insurance department the1 lOrdor of the World , for , Ihs prompt payment of "he Oenth claim' ' of 'our molher , Mrs. Mathilda von Koeller , who died on December 14 , 1S95. 'The ' face of Ihe policy , $500.00 , was paid 'lo uo Ihls 27lh day of Decsmber , 1895 , In Just 13 days from dale of death. We can cheer fully recommend Ihls organization to any cne wishing lo gel good , safe Insurance. CECILE A'ON KOELLER , BLANCHE B. VON KOELLER. "The PiirnillHC of tlic Pnclllc. " 3 GRAND TOURS TO HONOLULU , Ha waiian Islands , "Tha Paradise of the Pacific , " via Union Pacific system and Oceanic S. S. Co. , leaving Omaha the morning of January 16. Only ninsdys from Omaha lo Hone lulu. $205.00 for Ihe round trip. Including stateroom and meals , on steamers. Tickets good for nine tnonthi , with slop-over privi leges. For Informallon and tickets apply lo A. C. Dunn , City Passenger and Ticket Agent , 1302 Farnam straet. fiolil FJclilH. Union Pacific is the direct route to Crip ple Creek , Colo. , and MERCUR GOLD FIELDS , Utah ; also the short line to the Important mtnlngl camps throughoul the west. For full particulars call. A. C. DUNN , Clly Passenger and Ticket Agent , 1302 Farnam Streel , Omaha , Neb. Hamilton Warren , M. D. , cclecllc and mag netic physician ; special attention to diseases of women and children and all obscure and long standing diseases. 119 N. IGth street , room 2. _ Annual rneellng Prospect Hill Cemetery association will be held In room No. : :04 : , New York Life building , Mond.iy evening at 8 o'clock. Charles F. Catlin , secrclary Natatorlum , Turkish Uatlr , lie ] 03 and gants. I'EIISO.VAI. PARAGRAPHS. Major Wolcott of Cheyenne Is in lown. St.te Oil Inspector Edmlston is In Iho city. city. city.Mr. Mr. and Mrs. C. J , Schubert cf Chicago are at the Paxton. Mr. and Mrs. J. O , Smith of Fremont are it the Murray. Mr. nnd Mrs. William Spence ot Kearney are al Ihe Paxlon , Matthew Gerlng of Plattsmouth will spend Sunday In the city , Norman T. M'Json , atlorney of Deadwood , and Mrs , Mason are al th ? Paxton , Mr. and Mrs. W , A.'Dllworth and daughter of Lincoln are guests ut the Arcad ? . Jamesi J , Atkins and ftlm Alklns ot Pltte- field , Mae * . , are guests -at the Paxton. John C. Watson and John V. Morgan of Nebraska City were in Omaha yesterday. . H. T. Ruger , traveling agent of the Bur- llngtcn , left for Helena ) Jlont. , last evening. Mr. and Mrs. ES'IUnnlou of the Hanlon Superba company areiguests at the Mlllard. A. E. Knlckerbockflr and Mrs. Knlcker- .becker . of Long Plnsiare at the Merchants. John F. Bible , superintendent of the Capi tal Wagon works , Icftila , Mich , , ls < at the Mlllard. J. R. Tamp , traveling passenger agent of the Louisville , HvanefJIle & St , Louis road , Is In Iho clly. Charles How returned to the city last night from a trip 'Including Chicago and other eastern points. Atlorney General R. F. Fowler of Wyo ming , accompanied by his ton , Franklin , spent Friday In Ihls clly. Joe Teahon of the local Wabash ticket office has returned from an extended trip In the west In the Interests of his road. Superintendent Smith of the Omaha Street railway left for Denver last nlgbt on a bus- Ineyj trip that will consume three days. Theodore A. Spratlln , formerly employed In the city treasurer's office , left for Denver , Pueblo and points In Colorado , Mr. Spratlln will be absent ejveral months , and will bo engaged In looking up mining Interests of pertain Omaba people , nt tliu Hotulx. At the Arcade O. B. Ounson , Beatrice. At the Mercer Dr. II. A. Rlacktmrp , Hpsllngs ; F. H , Pollock and wife , Plaits- mouth , Al the Paxton-E. E. McDowell , Tolrbury ; M. T. Jaqulth , Columbus ; Mlsa Nelson , Hastings. At the Merchants W. C. Wlnealt , Ocorge M. Spurlock. PiatUmouth ; K. A. Brown , Loup City ; O , C. Hazelctt , O'Neill. BOLLN WAIVES EXAMINATION Arraigned Before Police Judge Gordon Yes terday Afternoon , BOND FIXED IN THE SUM OF $12,000 , Prlmmrr tlunldc to Secure Hull ntul HenialiiH In Jitll UofiixcM to Sny Ait > thing ; About 111 * Arrent. i Henry Holln was arraigned before Judge Gordon yesterday afternoon and waived ex amination according to the Instructions of his alttirncy. The bond was fixed by the police Jrdgo at J12.000. This Is a trifle In excess of twice the an cunt Holln Is charged at present with embezzling , the first count charging the cm- bcrzlomcnt of $2,000 September 20 , 1894 , and the second $3,500 March 22 , 18D3. Uolln's attorneys were active all day yes terday up ) to the time of the preliminary hearing In attempting to secure parties to go en the bond that was contemplated , but were not successful. When he was arraigned therefore and waived examination ho was rcirnnde.l to jail , A further effort vas made to secure bonds men , nn arrangement having been made that he might bo released at any time before midnight last night on n satisfactory bond , but it could not bo furnished , and Dolln re mains In his cell In the county jail , Neither Bolln nor his attorney will say anything with reference to the charges or the arrest. ItOIlV IS IIHOIKillT IIOMH. lloportH -NK-ctlii | > j the * Dentil of ( .col-Re McCorinick. The remains of George E. McCormlck , the Omaha contractor who died at Colorado Springs Thursday night , were brought to this city for Interment last evening. The remalno were accompanied by his mother and sister and AV. W. Wilson. Mr. Wilson was the only one who was at the ranch where Mr. McCormlck died. Ho says that there Is no foundaticn for the re port telegraphed fromColorado Springs to the effect that the dead man hod been drinking Intemperately , or that he- had been taking chloral. On the contrary , the coroner's cer tificate states that death was duo to heart disease. Mr. McCormlck had been at Fort Worth for several weeks previous , and had Just gone up to Colorado Springs. It Is sup posed that the eudden change from a low to a high altitude was the Immediate cause of death. The funeral services will take place some tlmo Monday from his mother's residence on Thirty-third street and West Douglas. DEBMEU , Neb. , Jan. ' 2 , 1890. Farrell & Co. , Omaha , Neb. : Gentlemen : I had a fire In my store building occupied by Decker & Smith. It started between the floor and celling and .by the use of your fire extln- gushero ! It was soon put out. If It were not for them the whole town would have been on fire , as there was a stiff northwest wind Just In line to take the rest of the town. We are all sounding the pralso of the ex tinguisher. Yours truly. R J. FITZGERALD. _ The IlrltiHli SiieocNxloii. MINEOLA , Iu. , Jan. 4. To the Editor of Te Uee : State In Sunday's Issue : 1. Who Is heir to the English throne ? 2. 'Does English law entitle the eldest chll'i to the crown ? HENHY MEYER. , Ans. 1. Albert Edward , prince of Wales. 2. It doe ? , provided It Is ft male. I ' "rank Ilurrctt Convicted. ' ' In the federal court yesterday afternoon the Jury in ttlie trial of the case of the Exjvcrnment against Frank Barrett for coun terfeiting brought Jn a .verdict iOf guilty. Mfn. Barrett , mother of Frank , was con victed of the same offense a few days ago , IVuw York MnrrI K < * T.nw. STERLING , Neb. , Jan. 7. To the Kdltor of The Ree : Do the laws of New York require the taking out of marriage licenses before a couple can mnrry ? REGULAR SUBSCRIBER. , < Aps. TJioy do not. FiinernI of Andrew JnckHOii I'opiiletoii The funeral of little Andrew Jackson Pop- plcton , Jr. , eon of Mr. and Mrs. W. S. Poppleton , who dlsd Friday evening , will be held at the residence of his parents , 1056 South Twenty-ninth street , at 2 o'clock p. m. today , ( Sunday ) , January 12. COAL William C. Gosa. 'Phone 1307. SUT ruin u.nu Tina IHUIHJK Ilojn Trjto Ilnrti KlRlttU Street Vln The Ilurllngton section crow having charg of the tracks adjacent to the union dcpo surrounded a band of youthful desperadoe yesterday whllo attempting to burn dow the brldgo belonging to the Ilurllngton tha crosses Klghth street. The lioya had bull a fire agalnH ono of tlu wooden piers am already had ono of the heavy timbers In blaze when the men arrived and extlngulshe It. There waa a rapid luntllng for llbert when the boys discovered that they wcr detected and all but. one , Willie Off Motto succeeded In getting away The men , however , succeeded In obtalnln the names of two of the boys , who are Fran Nelson , living at Thirtieth and Walnu streets , and Emll Swoboda. living a bloc west of the former. De Motto was take to the depot and handed over to thestatlo ofllccrs. and afterward removed to the clt jail. Switch Foreman Scott was riding 1 the cabooro of an outgoing freight train few days ago when ono ot the fame party o young toughs tested a brick through th window , narrowly mlwIiiB his head , It I Eald that Do Mottc and Ms cronies hav terrorized the neighborhood adjoining th railroad tracks for several months and th police Intend to put a stop to their pranks 1 the future. _ _ Htildeil tin * Wine Itonntn , The police , under the orders of Chief SIR wart , i aided a number of wlno rooms Ins night. Olllcers Arnold , Flsk , Holt an Jot'Rcnsoti went to the different resorts I citizens' clothing' , and where they found full house placed the occupants under nr rest. ArilvltiK at the station , lliu crow presented a strange mixture of Mauds Mamies and Lulus , and the Brown , Jonc and Smith families wore well represonte on the Jail blotter. Half nn hour later th Charlies , Gcorpes and Oscars begun to nr rive to ball prisoners out. I.UCAI. 1IUI3VITIUS. A marriage license was Issued ycsterda to Mussel S. Lucas for connubial union wltl Sadie Aylesworth , both of South Omaha. Jack , the C-year-old son of Mr. and Mrs W. S. Popploton , died Friday night from th effects of blood poisoning , resulting fron the removal of nn abccss. Albert P. Marble , formerly superlntenden of schools In Worcester , and more recentl In Omaha , Is a candidate for the position o nt.slstant superintendent of schools In No\ York City. The stockholders of the Omaha Street Rail way company have held their annual election E. W. Nash succeds A. D. Williams ag a director. " All of the old offlcsM have been re-elected. A final decree was entered In the county court yesterday In the matter of the estalo of the late Dr. Lcvl F. McKenna. The estate of thp late General John B. Hawley was also settled. A meeting Is called at the Commorcla plnh rnnms for next Friday at 8 o'clock p m. , of the citizens of Omaha to complet the organization of the Interstate and inter national exposition. Warden Ledlgh of the stats penitentiary csmo to the police station ycstsrday fron the penitentiary with two prisoners when he is taking to Tckamah , where they are to be given new trials. Richard Marnell , the policeman who re cently started for Australia to take posses slon of a legacy , has commenced on attach ment In the county court to recover ? SOO due for rent of a farm In this county. Mrs. Mathews has reported to the pollcf that on the night ot January 9 In the nHgli borhood of 9 o'clock some burglars enterei her residence at 3105 Maple street. They opened a window and stole a quantity o clothing. The funeral ot the late Mrs. Theresa Grossman will be held at the residence of Mr. and Mrs. Edward Maurer. this afternoon at 2 o'clock , with Interment ut Forest Lawn. Mrs. Grossman was the widow of the late Julius Grossman. A. L. Root of 321 North Sixteenth street Is to be arrested for selling raspberries by liquid Instead of by dry measure. A war rant has also been Issued for the arrest of D. Mluhals of Sixteenth and California streets Who Is charged Xyith measuring potatoes in a short weight peck measure. License Inspector Hursi has caused a war rant to be Issued for the arrest .of a hard ware dealer named Itner at Sherman avenue and Corby street for selling and keeping In his store gunpowder without a license. II is alleged that Itncr has some 100 pounds of powder In his place- and Is thereby endanger ing the lives of tha people of the flat In which the store is located. The fire department was called out twlct yesterday to extinguish two small blazes. The first occurred at 4 o'clock and was at the residence of Anderson Bell , 1249 Sherman avenue. It was caused by.a defective flue and the damage was small. The second was at the barn of Ed Baumley , corner of Sev enteenth and St. Mary'a avenue , and was due to a chimney burning out. No damage. J. MRS. . BENSON January Clearing Sale. FUENCH HAND EMIWOIDKKKD IIANDKEUCIIIKFS that wore F2.25 , now $ l.r > 0 ; wore ? 3.00 , now .fli.OO ; $8.50 , now ? 2.i5 : ; wore $ -4.50 , now , ? ' M)0 ) ; were .fO.50 , now ? : i.7r > ; $7.75 , now $1.75 ; $10.00 , now $0.50 ; $15.00 , now $8.75 ; $25.00 , now $12.50. PANS Ilcnl luce , pearl slick Kan , was $20.50 , now $10.50. White Feather Fan , wns $18.50 , now $0.75 ; ' white Feather Fan ( soiled ) , was S12.50 , now $ :5.75. : Wool Shoulder Shawls , were $1.25 , now 85c ; were 75c , now 50c. Black Silk Moire Skirt , was $1-1.50 , now $0.75. Surah Silk Skirt , was $11.50 , now $4.00. Surah Silk Skirt , was $9.50 , now $ . ' 1.75. Ladies1 Tights , $1.00 , $1.50 and $1.75. $2.50 Tights now reduced to $1.00. Muslin SUlrls , Drawers and Night Dresses , sligh'tly soiled , one- fourth off regular prices. Don't forgot wo arc selling Children's Cloaks nnd Uoiinets at about half regular price. SAFETY and SATISFACTION. Come from dealing at the best place , Makes no difference whether you are buying dry goods drugs or toys there is but one best. Reputa tion for reliability does not come by accident. It comes through satisfied customers. Over twen ty years of business in Omaha has given us a standing we cannot help being proud of. We are clearing out odds and ends in different departments much below their value. It's a good time to buy. The 99-Ceut Fartiam § Store. Street DrlllprN Knponntrrril Olinirnetlonii. The contractor ? liavo rcAchod a depth ot 550 tcot with the nrtcsl.tn well nt Klmwood park. Several difficulties v.nvo delayed tht- work , but It Is expected thnt the well will bo complete ! In time for use next year. The drill encountered a cottonwood stump at n. depth of about pevcnty feet , and after drilling forty feet further , struck n solid boulder or granite , which could not bo penetrated. Con sequently , the borluR had to bo begun over again at a new point. As the city only pays for the number of fset In tbc completed well , the cost of the first drilling falls on the contractor. ITS WEIGHT LN GOLD. NB\V niSCOVKHY WHICH IS AVOUTII THAT MUCH. I To Any One Afflicted With 1'llci. The Pyramid Pllo Cure , the new , painless remedy which has been sa remarkably suc cessful In curing every form of piles and rectal diseases , has recently been placed on sale at druggists , and It ls ajfo to say that when Its extraordinary merit becomes fully- known there will bo no such thing as surgi cal operations for the cure ot this obstlualo and common trouble. Mra. M. C. Hlnkly of C01 Mississippi street , Indianapolis , Ind. , says : 1 had bte.i a tcf- rlblo sufferer from piles for 15 years and no. remedies benefited mo until I saw nn adver tisement of Iho Pyramid Pile Cure ; I gel a package , also n package of Pyramid Pills , and used both according to directions. I was , astonished at the Immediate relief obtained and now honestly believe the Pyramid to bo the only certain cure for piles. That you may rcallzo how bad I was , 1 \\llt say that I was confined to my bed and , went before the college physicians hero , who- said my case was a new ono to them and wanted seven or eight hundred dollars to. undertake a cure ; the Rreat pain had brought on a rupture , and I knew an operation would bo ( teatn to mo on account of blood poisoning. Nearly every one hero knows of my terrible- suffering , and I feel that I cannot praise ( he- Pyramid Pllo Cure enough , and the Pyramid Plllu. alPO. My husband will join mo In highly recommending1 the Pyramid , my daugh ter was cured by one box only. For several years I weighed but about 90 pounds , now I weigh 150 and feel In perfect health. This Booms to ba the universal tesllmony of every sufferer from piles who have ever tried thu Pyramid ; It is the safest , most palnlcM pllo cure yet discovered ; contains no opiates , morphine , cocalno or any poison ous Ingredients whatever , has a s ollilng * healing effect from the first application , and the moderalo price places It within the reach of every ono needing treutmcnl. Th Pyra mid Pllo Cure in sold by druggists nt CO1 cents and $1.00 per package , and the Pyramid Pills at " 25 cents pr box. Send to Pyramid Co. , Albion , Mich. , for frco hook on causa and euro of pile ? . It is the direct line. The difference bctwceri the- Burlington nnd all other lines to Montana nnd ihe Pacific North west Is the difference be tween a. direct line and a line thai Isn't direct. The Burllnglon Is the dlrecl line. ' It Is from CO to 32S miles shorter than any ; other line to Helena , Butte. Spokane , Seattla and Tacoma. A fast train for thoao and all other northwest ern points leaves Omaha , at 4:35 : p. m. dally. Go- west on It If you want to reach your destination quickest and , most com fortably. Time tables and In for * " -matlon 'about' Irates at1 CITY. TICKET' OFFICE , 1324 JFARNAM-.ST. . , J.'B' . Reynolds' , City'Pass. Age"n"t. Don't Tell the Doctor ( Continued from lust AVt-Jncsilny. ) We ( jot those prescriptions you paid 40 lo CO pr + cent to those lilBh priced ilmcslstB.Vo nr mppy. but they feel awful blue nnd the doctor B roirlnir like a Hon. COULD YOU IIIAMU TIIISMf Our prescription tmdc has' Increased 23 per cent nnd you cot tlio lieiifllt. Let Ihe doctors lowl we are not Interested 111 them but the , people. V > 'c Ktarlfd out to phew the people why hey weie foolish In patronizing hlRh priced ilriiKKlnt.s , nnd they nit fust culchliif ; en. Hero are name of our prices : Uh'sptlan Lotus Cmim for chnppeil Imnils ( our own mnke ) , 15c ; HooU'R Snrpapnrilla , G.'c ; I'nlne'a. Celery Compound , 63e ; Cm tor's Mule Liver Pills , 5c ; Quinine Capsules , 2-Krnln , Cc per dozen ; Quinine Capsules , 3-Krnln , Tc poi dozen ; Qulnlmi Capsules. C-Kruln , lOo per du/cn ; Cantora | , 2Sc ; Cu'.in'H Olycerolo of ROFCS. ISc ; Hhvnnnn in McConnell's La drlppe Cough Syiup , ISc ; Shcr- nan & McConnell's 1'onil I.ll > ' Cienin , ISc. CUT PRICE DRUG STORE , IGtli and Chlcaga. HOW COLD IS IT ? BUY A UKUABI.K THERMOMETER. The Aloe & Peafal * Go. 1408 Fnnmiti St. Till ! /.fox DltUd IIOVSU. UP TO DATE ! MNESE MEDICfllfO TOOIH Ml The I lion t cxqulullo ilenlrlllco over oriel- naled. Guaranteed not to contain anything Injurious to the teeth. For tale tJy all diugglutu. 25 cenu per box. Teeth the Same Day Impression tnkcn In morning ; new tcelh b * . uio dark , SET TKKTII , DR. BAILEY , Dentist Kith mill Fa mil in Sts , 3rd Floor Paxton Block Tol. 1C85. J.mly attendant. lilge Ted It , per tooth mid crown. , . . , .J5.fO ni > ol.l Crown * , , , , ,19 00 up ( Illnt-a , ( -oia and liver , . . , 11.00 up Teeth extruded without tllffhUMt pain with * . ut K" . dan tilvcu wlicu dulled , All work , uuruntecd. jT asHfxin't v ± & . * * - :