8 THE OMAHA DAILY HER ; WUNDAY , ITOVEMTllBR 7 , 1807.
TRANSFER OF A RAILROAD
Leased Line Now Becomes tin Integral
Part of the Bnrlington.
TRANSACTION A MERE MATTER OF FORM
11 lit Horn Son ( Itern I.lnr , llullt li >
JliirllnKton Cnpllnl , Will H TonfliT
lie Oprrnti-il from Ilrniliiiinr-
UfH III Uinnlin.
By a mere act of bookkeeping the Dig
Horn Southern railway , extending In Mon
tana from Hillings to the southern boundary
of the stale , a distance of 1BO miles , ban
been changed from o leased line of the
Uurllngton , system to a line owned and con
trolled by the Uurllngton & Missouri Hlvcr
railroad. Henceforth It will be an Integral
part of the Uurllngton system and will be
managed from the headquarters of the U. &
M. In this City.
This line was constructed In 1895 for the
purpose of connecting the Hurllngton. rail
road with the Northern Pacific nt Hillings ,
Mont. The ; capital was furnished by the
Chicago , Durllngton & qulncy railroad , but
Iho construction was done by a separate
corporation known as the Hlg Horn Southern ,
company. At the annual meeting of that
company , held In this city August 19 , 1890 ,
the transfer of the line to the Hurllngton
cystcm was authorized.
An nearly all of the stock In the Hlg Horn
Southern was owned by Burlington people
the change from a leased line lo & line owned
by the Hurllngton li not n great one. In
this connection It may bo remarked that
nearly all th * DnrlliiR.-on'i lines In the west
were built by sena.Mte corporations , In which
Uurllngton people own.Jl a majority of the
stock , with the undemanding tlmt the si-p-
nralo lines would later ho merited Into HIP
Uurllngton system. This has been the
Uurllngton pollqy throughout the west , and
1ho transfer of Iho Ulg Horn Southern Is
merely another exemplification of It. The
figures connected with the purchase of the
Dig Horn Southern have not bcn given out.
It was stated at 11. & M. headquarters hero
yesterday that as the change was merely
an act of bookkeeping Ihe purchase price
was not known hero. The deal was consum
mated al a special meeting of the Hlg Horn
Southern Railway company held at Helena ,
Mont. , on Thursday.
M. vxs OK THIJuv < : ri.K nn.in.
I'nilinbllKy of ICxti-iiHloiiM llotuu ; Coin-
Itli'ttMlc.vt Sriixnii.
Several circumstances presage the early
realization of the plans of A. K. Stlllwell
nntl the capitalists back of him In the Mis-
eourt , Kaifcas & Texas Trust company. The
fulfillment of all the Intentions of this
corporation Include the operation of a mil-
road from Omaha to Port Arthur , Tex. , on
the Gulf of Mexico ; the absorption of the
Omaha , Kansas City & Eastern and the
Omaha & St. Louis railroads , extending from
hero to Qulncy , III. , Into the Kansas City ,
I'itlsburg & Gulf Hallway system , ami the
extension of the Omaha , Kansas City &
Pastern railroad from Qulncy III. , to Beards-
town , 111 , , to connect with the llaltlmore &
Ohio Southwestern Hyetem.
Such , It Is said. Is the ultimate ulm of the
projoclors of the great railway sjstrtu tint Is
destined to work a change In western
traffic matters and which ls already operating
(
ing a railroad from Kansas City lo the gulf
nnd receiving moro business than It can con
veniently handle. The consummation of these
plans , It Is contended , will give to Omnha
not only a new southern outlet for Us grain
but will al o give , this city direct oonnnctlon
with another eastern trunk line than thope
centering II ) Chicago.
It was oinclixlly announced In Kansaq Pity
yesterday' that tlio Missouri , Kansas &
Texas Trast company. the financial corpora
tion back" the Knnses Clt > 4 , Plttsburg R-
Gulf rallrbad , had decided to llnanclor the
construction of o railroad fifty miles In length
connecting Qnlnoy , III. , with Ueardstonn , I 1. .
and the Oulf Hystcm with the Daltlmore &
Ohio. This announcement has been uwulted
nvlth much Interest for some time. It Is not
If known when work will bo begun , but it Is
[ " ' . ' presumed as soon as the spring se.uon makes
railroad building practicable.
.NAS11 ISOT AIIICIIVOHIUHI ) .
Kot Dlxtiirlirrt OVIT I.niMO iif Union
l > iivlU < < Itrlilurc.
The telegraphic report from Chicago to the
ffcct that the Rock Island and the Mil
waukee railroad companies are somewhat
disturbed over the prospect of the Union
( Pacific's reorganization and Its probable
effect on their leases for an entrance Into
Hi In city , was much discussed In local raih
way circles yesterday. As none of the
members of the Union Pacific reorganization
committee nor any of the general officers
of thp other , two roads concerned arc * here
there Is absolutely nothing known , about the
probable outcome of the mooted iiucHtlon.
A man very familiar with Union Pacific
Affairs not. long ago said to The Dee that
the bridge question had not been considered
by the Union Pacific reorganisation com
mittee. ami would not until after the con
firmation of the > sale , which Is expected to
come along In December.
Asked tor his opinion on the matter
yesterday General Western Agent Prcd A.
Nosh of the Milwaukee said : "I have not
been Into the Chicago headquarters for some
lttlo | time , nnd am therefore not qualified
to speak , It Is my opinion. , honttver , that
there Is , no excitement about the matter over
there. I did not know The Dee was' so much
read over In Chicago. The Associated Press
report closely resembles the article on this
subject printed In The Uco some time ago. "
y XotrN nnd I'lTHiinalx.
President Perkins of the Durllngtou and
General Manager Holdrvge of the D. & M.
returnnd Friday after n trip of Inspec
tion over the Hurllugton line between hsie
and Denver.
J. II , McDonnell , eiiperluttndcnt of ma
chinery and motive powur , and L. H. Korty ,
superintendent of telegraph , Union Pacific ,
loft for a trip of Inspection over the line
Friday afternoon ,
Tliero la some la } } ; In Kansas ( 'tt > of the
entrance of the St. Joseph & Grand Inland
railroad , formerly a part of the Union Pa
cific Hystcni , Into Kansas City aver the line
of the I'JttphurK & Gulf By tem.
General Passenger Agent Lomax of the
Union Pacific says the outlook for California
travel during thocunlug winter Is very good.
lie do'H not believe , however , that the yellow
foyer plague In the south will divert any
great amount of transcontinental travel to
tbo northern lines.
An unknown man , severely Injured , WIIB
picked up on the Union Pacific near Keur-
ncy yesterday morning. Ono foot had been
cut off ant ] he had sustained1 Injuries about
his head. Just when or how ho wasrttruck by
a train Is not known , and an Investigation If
being mndo. Ho uns carried to Kearney ami
given mcdlutl attention ,
The Milwaukee will soon begin the con-
etructlon of a handnomo pngxcnger station
In Minneapolis to take tha placu of a struc
ture that has lioen doing duty slnio 1X70.
Tim building will bu about 1-0 foot square ,
nnd will have a tower 170 feet In height.
It will bu built In renaissance styltt , and will
liavu ono uncomnum feature a Hat roof.
A handsomu Xmas souvenir given awa >
by niNlillAUTlth each do/on , cabinet
rilOTOGltAPHS. 1520 Douglas st.
, To ( 'ullfornlu , 1'i'rxiiiiiilly Coiiiliicti-il
Tourist car exclusions for California
leave Omaha 4'jr > every Thurmlay afternoon
tVla the Hurllngton route. Arrive San Fran
cisco Sunday evening. Los An-scles Monday
-C90 t. Tickets , J40. llerths. J5. Full Information
mation at ticket oillce. 1502 Farnam street
Call or write. J. 1) . Ituyuolds , city pauson-
ger agent , Omaha. _
Ur. II. Ilaniacdottl , the veterinarian
fcsB lemovert to Hobertson'B ( italics. 2Sth am !
Leivenworth. Tel , 819 ; residence tcl. 639 ,
Hcsa & Hwoboda , Mortals. 1411 Farnam St
'Phone 1001. I'alrau , cut ( loners and bulbs
ilall order * .
1UI5I1.
JOHNSON Heatrlee II. , Infant ilanglitei
of Mr. und Mm. W. Krimt JoluiKon , nt
tlielr home , MO South ittth Htrci-t , Sntur
day mornlnif , Internu'iit TuMduy , No
vemuer 8tti. ut Mount Hope cuinvtrry
[ llochenter. New York. Omuha aervlcea
TIII2 TI3IKIMIOM3 CVSI3 ,
1'hc Trlrptiono CniiipnnJlvon Hit
Side of Tliln tVlrlirnlPit Cnnc.
In order that the public may have fuller
nformatlon of the questions Involved In the
mandamus suit brought by John O. Yelser
igalnit the Nebraska Telephone company
The Dec asked for a brief statement by a
eprcieatatlve of the company , who said :
We do not regard , nor should the public
accept , the action of the supreme court In
; ranllng a supersedcas , staying proceed-
ngs upon the Judgment of the district court ,
as being In any sense a reflection upon the
district court. The action of the supreme
court was not a review of and did not over-
ulo any discretionary ruling of Iho district
court. The application of the company for
a snpcrsedcas was presented In the supreme
court AS an original question and not upon
any claim of error In the ruling of the dls-
rlct court. A record showing was made In
ho supreme court , upon which It was
claimed that the court In the exercise of
Is own discretion , and Independently of any
ullng whatever In the district court , should
grant a supersede. in order that the com-
> any If successful In that court might reap
he benefit of Its Judgment. On Inspection
of the record that court found that qucs-
Ions were Involved of great Importance ;
hat the district court In the rendition of Its
udgment may tiavc been wrong ; that the
company has a constitutional right to have
he Judgment reviewed , and that If the su-
ircmo court should determine that the dls-
rlct court was "wrorog In Ita Judgment the
udgment of Ihe supreme court would , nt
cast , bo partially and substantially de-
calcd , If Ihe judgment of the district court
van permitted to bo enforced pending the
wring In the supreme court ; that enforce
ment of the judgment of the district court
otlld be stayed without any Injury to Mr.
Yelecr , because ho could he secured against
oss and could , In the meantime , have the
crvlcc of a telephone If h'c desired , These
: orwldcratloiiB , differing In some degree at
east from thoSe .which were presented to
the district fourt , Indilccd the surtcme
court without any reference whatever to any
ullng In the district court to suspend the
udgment of that court until the case could
10 heard In the supreme court.
Tliero Is a qulto general mtsundcrstaiid-
ng im to what this case Involves. It Is not
rue , as has been supposed by many per-
ons , Hint It Involves the question , whether
ho rates of a telephone company are sub-
ect to state regulation or not. This quts-
lon Is In no manner raised In the caec , and
vc do ciot deny that the rates are subject
o such regulation , by the legislature , or
hrough an admlnlsttatlvo board created by
ho legislature , to whom the power Is dele
gated , lint , of course , we do not admit that
he rates should bo reduced , because It Is
easily shown that Iho rates arc now , when
considered with reference to the Intrinsic
aluo of the service rendered , and with ref
erence to any other matter material to the
xitronB of the company , iihonomcnally low.
Wo perform a service not unllko that of
ho mall service , or a messenger service , but
a service very much more valuable
o our ixitrons , and at a very
snmll fraction of the cost of mall sorvlre ,
or messenger service. The overagu cost per
conversation In this city , to the patrons of
ho Nebraska Telephone company , Is con
siderably less than 2 cents slightly more
han 1 cent ; yet In ono of these conversation * !
the panics are practically face to face , com-
iiunlcatlnK Instantly , and each one cxprcss-
nK to the other what ho desires to say.
The whole thing Is accomplished In a few
nlnules. By mall service It would requlie
at Itoi3t two letters , ocrhajis many more ,
many times ax much time , and the cost of
stationary and postage would be at least
our times as much. A comparison with
any messenger service would be much more
favorable to . .he telephone service. It Is
a mistake almost universally made by people
who form conclusions as to the profits of
nislness they know nothing about , that they
isually assume that , because there Is a large
ncome , there must , of necessity , be a large
profit. They can see , from the extent and
character of the business that Unnecessarily
jrouuces a largo gross Income , out they fall
to appreciate the amount of cost Involved
In maintaining and prosecuting the business.
It would probably sumrlso many people In
Omaha If they were Informed that during the
[ > aat ten years the average of all dividends
paid to stockholders by the Nebraska Tele
phone company has been but C.35-100 per
cent annually. Yet , this is true , and It was
& showing of this fact , together with thr
fact above mentioned , and others bearing
upon the value and cost of the service per
formed by the company , to the legislature
at Us last sesslou , which led that body to
defeat bills pending for the reduction of the
company's lates.
The case presents two questions never be
fore , so far &ac know , or have been able
to learn , regarded as law anywhere. They
aro. If law. of vast Importance , not merely
to the telephone company , but to every
quasi public corporation which Is subject tcj
legislative control , and the effect of them
would be to paralyze every business of that
character. Thej ate an applicable to other
quasi public corporations os to telephone
companies. It Is contended by Mr. Yelser ,
and be warf sustained by the district court ,
that any Individual may , by a mere avei-
mc.it of a certain rate , which he himself
names , will cn.ible the company to earn "n
fair , leasonable and just dividend , " compel
the company to respond to a' writ of man
damus , and tlmt the court will then have
power to determine what Is "a fair , rcabon-
iblo and Just dividend. " to permit the com-
pruy to earn , and .having so determined , It'
will have power and It will be Its duty , to
reduce the company's rates of charges so
that they shall produce no moro profit than
the amount which thecourt has decided I ?
"a fair. * reasonable and just dividend ! " What
Is "a fair , reasonable and just dividend" t.i
be earned by a company of this character ,
Is a question which Is not susceptible of any
kind of proof , and If the power resides In
the courts to decide , It 1 * riot subject to any
legal limitation. It would , In every caev ,
depend entirely upon the predilections of the
judge. One judge In ono locality and sub
ject to one kind of environments might say
that . " . per cent should bo the limit ; another
Judge , In a different locality or With differ
ent environments , might be or the opinion
that & pet cent should be the limit. It
would hardly ho poaslblo to find two Judges
who would have the hamo opinion. Yt-t , If
the proposition contended forils bound , when
ever auy Individual , with ur 'without ' leahon ,
brings a case Into court , he oin select tln >
Judge befoii > whom he deslrec to bring It ,
and tluib compel thn eompan > to submit to a
dcturnilimtlui u. " the amount of profit ( hit
U should' lie pcimilled to'oarn.-unil to a re
duction of lit rates , no" thai the business
would produce no inoio than the profit al
lowed by the particular 'judge , and this
process would have to be lepeatcd as often
ih" any Individual saw lit to Demand It , be
cause a court ciuiuoi ieiuti > to entertain a
caupc and render judgment , If It h jiauer
The cmfunion IbaUwoiild be produced by Iho
rxIslencD of fciiali a htw tan easily be1 seen ,
but the coi'fcequent disaster cannot even bo/
Imagined.
The contention Is an obvious fallacy. There
In no power In Iho state , or In any depart
ment of the state gu ° ) eminent , and no end ;
power hnH ever liesis contended fur by any
ri-llectlng pernon. to place a limit upon the
amount of protiu that an Individual or cor
poration may imikc. II dnex not concern the
ht'itu or the propln who deal with UICMI coi-
porntlons how much the ) imike The thing
with which HID stulo and the pcuplt < are con
cerned is , whulbor or not the rutm charso'l
by tliftin coiporalloiib aio tulr and iniFonrblP.
If thn piTKoni , dealing with tlii-ui get In re
turn for the money the ) pay a wrvlci- which
IE rcjiiul In value to the money paid the ) liavu
no ground for oumplulnt no inattoihuw
ninth money the company muy In. making.
That dooe not concern thrm. Of comc-p It In
conceivable that profile , might bo BO enor
mous' ) ' large uh to constitute home ovldenro
that the rates charged were imreui-onably
high , hut the pilmary quvHtlon , and the only
question with which the ulate or HIP peoplu
IMVU any concern , IB , whether or not , the *
ficrvko performed by these companies Ik' , In
fart , worth what they charge for Itti per
formance. It It Is , the Mute has no right to
Interfere meiely for the purpose of limiting
( lit- amount of profits to be made. Yet , In
Ihlb cste Mr. Yelber piocceded entirely upon
the theory that hu had the ilghi to demand
lhat tha courl decide what percentage of
profit ( hu company should bo permitted to
earn , and to reduce the rotrs of Iho company
bo Ibttt Iho IniBlnetri would produce no more.
No corporation or individual would submit
to tbo exercise of Eiirh a power as thlu , jf It
could prevent It , CMMI it the power wat > to ho
uxereUed by competent pcreonx , much Icsn
when It In lo bo exercised upon ( ho demand
of any person and by periiDnclio know
nothing about the builnrfcs , who are not at all
Inteleited In Its success , who at uma cone
of the risks of Ices always attendant upon
uch builuau. tad wlU nv kind of ur Bc
against disaster produced by nnwlee unfair
or Ignorant supervision. Judges may be good
lawyers and wise Judges , but this does not
qualify them to manage railroad companies ,
telegraph companies or telephone companies ,
and U Is not only probable , but certain , that
nny business subjected to the management
) f courts In Iho way contended for by Mr.
Yelser would Boon bo reduced to Insolvency ,
There Is another Important question whlcu
arises In the case , viz : Whether the courts
possess the poncr and are , therefore , rc-
lulrcd , as often as demand Is made , to estab
lish , by their Judgments , what shall be
deemed and accepted as a reasonable charge
for services to bo performed In future. That
the legislature has this power Is not denied.
It has been exercised by , probably , every
stale legislature In this country , cttbcr di
rectly or through an administrative board.
It has been exercised by the legislature of
this state , and such cxcrclso has been uns
tained by the supreme court , as It has , also ,
by the courts of last resort In every state
of tha union , and by the etiprcmo court of
the United States. It has been universally
regarded as a legislative function , by courts ,
legislatures , statesmen and lawyers. It has
never been held to bo , or regarded , as a
judicial function , and no court of last resort
has , so far aa wo can' ascertain/ ever so de
cided. Of course a court U competent to
determine tiic reasonable value of n service
already performed. In such n case the facts
can all be shown by evidence , and the court
can rcnd r a Judgment based upon the evi
dence adduced , but when the question Is
what -thing Is going to bo worth , during a
future period , or at a future tlmo the courts
are powerless. No evidence can bo produced
and a court cannot pronounce Judgment
without evidence. Its functions In this re
spect are entirely dlffcrenl from Ihosc of a
legislative body. Our constitution expressly
forbids the courts from exercising any power
which properly belongs to the legislature ,
and If the legislature can exercise this power
It Is clear the courts arc positively forbidden
to exercise U , Thcso questions It Is neces
sary should bo determined by the supreme
court of the state , not merely 'In tbo Interest
of quasi public corporations , but In the Inter
est of the public as well , because these cor
porations perform a valuable and necessary
service for Iho public , and anything which
would cripple them and render them Incap
able of performing the service efficiently'
produces injury lo Ihe public.
\ < MV nt South Oinalm.
Rd D. Mcadlmbcr has moved the Novelty
Carriage Works from 1G15 Chicago St. to
the corner of 24th and J , South Omaha ,
occupying a two-story building 70x150. The
ncrcasc In his South Omaha business made
; ho change necessary and ho Is now better
prepared to manufacture , and do rcparlng.
Gd needs no Introduction , being a resident of
Omaha since 18C8 , working for A. J. Simpson
vntil 1875 , when ho opened business for him
self. Use the same old telephone , 243.
Hfyii'ff ClirlMiuart Oder.
In order to bring people early for Xmas
work , thereby giving them and us plenty
: lme we've decided to give free November
1st to December 1st with each dozen cablneta
3r larger photos , a dainty gold bow knot
'rame , In Itself a handsome Xmas gift. Our
work Is better than ever. This offer Is the
best we've ever made. Come early.
HEYN. Photographer , 313-15-17 So. IGth St.
Sam'l Burns Is giving away trading slamps.
Got the best PHOTOGUAP.HS and Xmas
souvenirs at UINEHAIVTS. 1520 Douglas st.
Opening Fisher's cigar store , 1505 Farnam
st. , Tuesday evening , November 9.
Tlit * l < 'iiHt < 'Nt Time ( o n < * iivcr
Is made by the Burlington's "Denver
Limited. "
Leaves Omaha later and arrives In Denver
earlier than any train of any other line.
Carries sleeping , dining and free chair
cars. Makes only 11 stops In 53S miles.
Runs ON TIME over a superb track.
Leaves Omaha , 4:35 : p. m
Arrives Denver , 7:13 : a. m.
Tickets and berths at 1502 Farnam st.
. Don't Koruet It.
Tho' Missouri Pacific Railway Is1 running a
Past Limited Train to St. Louis , Mo. , leav
ing Webster St. depot dally 3:05 : p. m. , reachIng -
Ing Kanst > 3 CUy same evening ; arriving at
Grand Union Station , St. Louis , 7:20 : ths next
morning. No change cf crs olany class.
Night Express leaves 9:30 : p. m. , arrives
Kansas City 6:25 : a. m. For further Informa
tion call at company's offices , N. E. corner
13th and Farnam or depot , 15th and Web
ster streets. THOS. F. GODFREY ,
J. O. PHILLIPPI. P. & T. A.
A. G F. & P. lA.
I'crsonnlly Comliiolol KxcnrNloriN to
Ciillfomlii.
VIA. UNION PACIFIC.
Leave Omana every Friday , 3:30 : p. m. , reach
ing San Francisco Monday , 9:15 : a. m. Cor
respondingly fast time to Southern Califor
nia. Twelve hours quicker than any other
Personally Conducted Excursion Route from
Missouri RU'er.
City Ticket Office , 1302 Farnam Street.
"The Overland Limited. "
The most SUPERBLY EQUIPPED
train west of the Missouri River.
Twelve huurs quicker than avy other train
to Pacific Coast.
Call at Ticket Office. 1302 Farnam St
Curd of 'rliiuiliH.
Wo desire to express our thanks to the
many friends who so kindly assisted us In
the recent Illness and death of our mother ,
especially employes of the Bemls Bag com
pany.
HULDA JOIIN = ON.
EMMA JOHNSON.
ROBERT JOHNSON.
ALMA JOHNSON.
V. P. Chlodo , ladles' and gents' tailor. 1C12
Capitol avonue. Our garments fit.
B. Haas , the florist , has a large , number
of chrysanthemums for sale In 7. 8 and 9-
Inch pots. In bloom and buds , 1813 Vlnton
Jt. Tel. 776.
_ _ _
Dr. Wlleox. dentist , rocm 501. Brown blk.
A. I ) . T , Co , ; messengers furnished ; baggage -
gage delivered. 1302 Douglas St. Tcl. 177.
SlncUiiuin IrtiNfN III * Wnteli ,
Onrn Grlmesley , a stockman from -Rock
Creek , Wyo. , rounded up the tpwn JPYIilay ,
and at about midnight took up his lodglnga
"
In a lower Farnam street hotel Yester
day ho found that his wallet , containing $20
in'oish and a watch and chdln valued at $33
were missing. Grlmesloy thinks he was
robbed In the hotel , Tao -proprietor , how
ever , la of ( iio opinion the nun lost his
property at some ether tlmo and place' .
In u rubber bag
foriuti ono of the
best cures In tlio
world for j'oljov-
liitf tbo tootu-
acbo , face aulie ,
t-tointicli nubo , in
luot iin ucho of
any kind.
Wo hell a 2-qt.
bet water bug for
. .50o
Warranted.
A Hl'RI L'lllBS flllll-
Wrltuforuutiloguo
llciiloisln Hurif UriiirHiind Chemicals ,
SMKU.MAN & MCCOMMHI.I. DRUG co.
1513 liodicu St. , JMIdtllc of Illock.
Into the
Homes it Goes
That's what SHERIDAN COAL
dors the lieut for all purposes
the besl for all people richer
or poor Sold under an abso-
lulo guarantee to glvo perfect
satisfaction ,
HOW IT SECURES CONTRACTS
Ray of Light Thrownnjfxm the Electric
Light Oompnnyis Methods ,
WILEY SUING FOR BREACH OF CONTRACT
Smutof ( lie .
.Mnn > - TUInn * He
llciinlroil In 1) i , , . , ] | | n Agree
ment Ttltll tlltl-Colll-
PIIIIJT.
The DCO'B criticism of the electric light
contracts made by the city with the New
Thomson-Houston Electric Light company on
the. grounda that there was something ques
tionable In the way they were manipulated
and pushed through the council and signed
on the spot by Mayor Uroitch has received
eomo emphatic support through a case
started yesterday In the district court against
the company by Solon L. Wiley , Its former
manager. A light , only partial , but very
Interesting as fnr as It gow Is thrown upon
the methods employed by the company In Its
business with the city. If the case should
como to trial some facts Interesting to the
general public and perhaps discomfiting to
Bomo city officials nro likely to he disclosed.
The case Is solely In Wllcy.'e Interests , the
other facts being brought out Incidentally.
He Is suing the company for breach of con
tract In discharging him on January G of this
year. Ho maintains that ho was employed
3n November 13 , 1S94 , under contract to hold
: ho position of manager for three years from
date. Ills salary was to hnvo been $5,000
a year. The company Is charged with break
ing Its contract , and Wiley sues to recover
the amount of his salary from that date
until November 13. According to his figures
this would amount to $4,051.60.
In his petition Mr. Wiley Incorporates the
; ontract under which he was employed. In
this Is set out some of the business methods
of the company. The section which refers
particular to Wiley provides for his employ
ment at a ea'ary of $5,000 as manager for
term of three years , during which time
lie was to "devote himself unreservedly to
the best Interests of the company and es
pecially to collect nt the earliest possible
date a large amount of money duo from the
city of Omaha. "
SCHEME : PELL THROUGH.
Mr. Wiley was alsr to be used to the ad
vantage of the company from his connection
with the Omaha Canal and Power company ,
which was to operate a canal through the
county , to ho built partially by means of
bonds voted by the count ) The canal
Do you put up Ice ?
WOOD'S
JOE , KING
If you do , call or wrjte for cata
logue of W. T. Wood & Co.'a cele
brated Ice toolK for which we arc
exclusive western agents.
Jas. orloiKft1 Son Go-
1511 Dodge SUi <
dchcmo panned oul Into nothlngnfre , but It
It had succeeded Wile } ' , under one of the
Icrmi of the conlracl , wan to Imvo uocd
1 nil his Influence as one of the members of
' the company to nfcuro for the electric light
company the cxcluplve use of water for the
generation of electricity nt Its central ami
substations.
Another condition of the contract gives
some Inkling of the manner In which the
cleclrlc light company secured at least ono of
Its lighting contracts with the city. It Is
set out that the company "Incurred certain
obligations with respect lo the now contract
with the city , nald obligations amounting to
between $300 nnd | 500. " Wiley was author-
Izcd to pay theeo out. of the company's
treasury.
Still another section of the contract pro-
vldcs lhat Wiley should bo given power
lo secure "two or thrco prominent business
men" of the clly to act as directors of the
company , their pay to be $5 a meeting of
the directory , and an annual payment of
$2 600 In company stock. At Wiley's sug
gestion ho wns also allowed to select as
treasurer , assistant treasurer and secretary
of the company men "prominent" In the
banking circles of the city.
It Is Intimated that thcso "prominent busi
ness men and bankers" were to bo secured
to give the company standing In Its nego
tiations with the city and county officials.
Hamilton Warren , M. D. , cclcctln and mag
netic physician ; special attention to discuses
of women and children and all obscure and
long-standing diseases. Hooms , 503-4 Suooley
block , corner ICth and Harncy.
What is a "Muckahoy ? "
Shnkeapenro pays It's n man who Is guilty
of paying oillce rent and a commission tea
a doc to pine for him that nemls him nil
his prescriptions : It Is tnken from the
Scandinavian word "MuckcnhoncH" which
menus N. O. It Is a well known fact that
Omaha Is over run with these Individuals
Malt Nutrlne 15c
l ambprt'H Ustcrlne ( Me
TUennen's Talcum Powder 12c
Bnllentlne's IJheumntlmn Cure 5a
Mnlted Milk 3Sc , 73c , $3.00
Egyptian Lotus Cream 10c
Cnstorla 20o
Wine of Mnrlnnl 80c
IVilne's Celery Compound Coo
Hood's Snrsapnrllla. G4c
William's I'lnk Pills SSo
Hobbs Sparapus Pills 3T > c
nirncy'B Catarrh Powder "We
Lydla Plnkham's Compound THc
Duffy's Malt Whiskey SOc
Plorco'n Favoilte Prescription < > 2c
Pyramid Pile euro : t : c
Pe-ru-na " > o
Syrup of Figs 32c
Gartleld. Tea 15c
All others at name cut prices.
CUT PRICE
DRlHiflSlT
Kith tiiul ClilriiRo Stm.
R. H. Davies
Omaha's Popular
Milliner
Will show the
Pompadour | Jubilee Hat
This week. Also
a fine line of
English Walking Hats
Do not mistake the place.
1520 Douglas Street ,
The Saving Question
Did you ever calcu'ate ' how much time you waste
running around trying to find some special article
while many times the very thing you're after can
bs found at this store ?
The Money You Save , too ,
is well worth cons'dering. Buying and selling for
cash brings many a saving to us and to youWe
are receiving our Holiday Goods and we are
prepared to show you some big surprises.
500 Kid Body Dolls , worth soc
on sale Monday at
The 1319
99 Cetit Farnam
Store Street
fiu
A Hobby
Of ours is to sell the best
stoves and ranges for the
least money we've been at
it for \ears ar.d : we find it
pays.
Radiant Home
tjjs scas ( , „ .
Now $25 unii up ,
Garland Stoves
and Ranges
A 1 kiiiJb , styled nnJ sU.-.s from $10.00 u,3.
v
Steel Ranges
MAJEM1C
$23 and up.
WO2NDER
RO13ND OAK STOVES
The genuine ' 07 style usea less < 4 4 f\f\ Anil there In only one genuine
soft coal and Keeps , Jlr * longer JJJ | 1 vP vf liccluvlth Hound Oak Slovci
thnn any other Oak Stove , und wo huvo It on sale.
Other Onk Stoves good ones . . , . , . . . . ,84 1)5' ) X
'Jaaki Stoves warranted , , . , . , . . . .81 ml
MILTON ROGERS & SON ,
ami Farmun.
We are selling pianos eo low that our corapflltors are satonliilit'il and uonder how
It can be dene , Tlio answer In very Blmplo'o huy for upot catli , In larKu ( juantllleii ,
save eevepil hundred dollars In exorbitant store rent and pay no tominUiilon to outsldB
irtugKcrs , thus glvlnu the customer every advantage to secure a first class ImKaln.
Kino Walnut Case Piano . , . $25.00 i SterllnK Organ . . . . $15.00
Hosewood Klmball Upright , only . 175,00 I Fno Mathushck I'lano hl hargalo.
Easy payment * every Instrument fully guaranteed. We carry Ue finest and only
ne w stock of Iver & Pond , Binmon and Vcso & Sous Pianos In the city , Pianos Ini
Cheap.
Cheap.SCHMOLLER& MUELLER ,
105 South 15th Street. Telephone 1625
A. 0. MTJELU3B , Tuner *
Pine , \r
Abaln Iho tnARnlflcwt collrrtlon of carbon
prints published by llrnun , Clement & Co
of Paris will be ahown nt Whltmore'n duller
ler- Monday , Tuesday nd Wednesday , only ,
of this week. This beautiful collection h s
been grcfttly enhanced slnco previous pxhl-
bltlons hero , and no one ohouli ) mlB this
opportunity to reserve an Xtnss Rift of proat
Importance with very small expenditure.
WlUTMOIUrS OAl.LKHY.
1M9 Dodge St.
in cniiinctN , 9:1.00. :
to the unparnllelcd success of the
offer of 15 cabinet photoee 3 styles for
$3.00 , wo will continue amo until December
15. This la a splendid opportunity to secure
your Christmas photoes. Mr. Peters , formrrlj
with Stevens' Rallery , Chicago , has charge
of the operating room.
MIUKR'S PAttK STUDIO ,
1318 Park Avenue.
Prank Vodlcn , the tailor , has moved to 104
N. 16th , McCague block.
All the
Comforts
of Home
No home can bo comfortable without
n good wtove and the greatest comfort
River of the age Is without doubt
the
Royal Acorn
Base Burner
TinItoynl Acoin Is the pica test
hrat Rlvor known and > mes the li-aat
fuel of any hard coal s < tove miidu.
We have reduced tin1 pi Ices this year
and they're going llku hot ciikcH.
You'd better look at them before you
buy.
John Hussie Hdw. Co ,
2107 CumiitK Street
Sole Audit * .
Winter is Near
\Ve hnxen't hrntilery miii.li ntxmt thn Kloti-
illke for the | < a t few wrckf , pcrhniis It Is ! > < -
rnurr lho c who nrc nut Ilicrc are frnitu In
ami thi e tlilnklnK of solni ? * w frotcn out Thli
hHtiRM us In tlm nuhjfct f winter footnfur.
Vr will lm\f > our oliate of winter enthcr In
the ncnr future nnil lm\o iniulp nil prepara *
tlonn In the vny of < lf lruble goods.
Warm Leggings for winter.
Ladles' Jersey 42.00 Leggings $1.45
Misses' anil Children's at $1.20 and 9Go
Hoys' Tnn Goal $2.00 Leglngs $1.45
Women's Warm I.lnc l 7Bc Sllppotu. . . . 4So
Women's Heaver Cloth $ U > 0 Slippers. . SSe
Women's Kelt Lined Lace $2.00 Shoes. . $1. < 3
Ladles' Finn Dougolft Button 2.GO
Shoes _ $1,98
ladles' nno Vlci Kid Ilutton 3.f.O
Shoes ' * ' " "
; , .
MIsBcs' solid Rraln M.50 School Shoes. . 980
Misses' Kino DougoU $1.75 School Shoes , $1.25 ,
Child's solid grain $1.25 School Shoes , We
Child's nno Dongoln $1 Iliittpti bhoes. . C3o
Men's Klne Satin Cult Luce and Couguss
J2.00 Shoes ,
Joys' Kino H Calf Uico $1.75 Shoes . $1.25
Uoys' Kino Satin Calf Lace $2.00 Shoes , $1.45
HAYDEN BROS.
SIIOK DKPAKTMHNT.
- > -
OO-OO-O-OoOOO-CK
A Crown
of Gold
I Should mlorn that lindly ilei-nyed
molar If It's dlscnsodve can cure
DON'T DK8PAW on account of
1 ndvnnccd iloi-ny or lack of funds.
Our methods and pilccs will suit
you.
you.Coino early. Don't \\nlt.
Toll $5.00
New York Denial Co.
lt. M r ,
10th and Douglas S-t--
Over rutwrlihr Shoo Stoic ,
Lajy Attendant.
h-O-OO O-O-O ° OO
AMUSE M1SNTS.
MOV. 12-13
. .1 8J 8 . A < H JLJ
Ewd. E. Rice's Superb Spectacle
"IT IS TO LAUGH"
The"IT MAGNIFICENT SCENERY
The
GORGEOUS COSTUMES *
EXCELLENT
BEAUTIFUL- * . *
Girl
FIFTY PEOPLE
1000 NIGHTS ,
0 * AT THE DUKE
.
V A JL % A > V ' < ' * *
A THEATER LONDON
f > 300 NIGHTS AT '
HERALD SOUAKi
J THEATER , NEW YORK
A Greatest Production of Many Ssasuns Far
1 Sitrp.isslnsiuSplenJor Rice's Past rriiunplis
"EuiBeline" " 1492" Kxo.-Isior , Jr. " anU
A Little Christopher , "
> p PAXTON & BURGESS ,
s
TKI- .
AND
4 Wednesday Matinee
fill 8
i , nui. w
Julia
Marlowe
MONDAY
Tl'KSDAY
AM >
WKDNKSDAY
MATINKR
\VKI\r.SIAY
50
IVININO : :
MIKH
Till HHDAY ( II ) MAIUAU'i :
KVKNINIJ
[ ICI ( , Lower Fluor $1,50 , SI. 00
I , Balcony , $1.00,75c , , 5'Jc '
, , Low r Moor , $1 00 , 76c
i , Balcony , 75c , 60c
SJvATS NOW ON hALK.
I''iMon , V Iliir
Till. 1031. '
it MCIIT.S CCMMIINCIM ; . . . .
. , , .MOM ) \ \ , >
ANI >
\ . \ . IT. Vlt.SOVS STOCK CO ,
I of lilH < pc'lnl .
In ecrlrx own : prodnetloiiH.
PrmrntliiK on .Monday nlKht , Ttio HlB
FppctHculaj- and Xnval Driima ,
The WEiite Squadron
llatliicc' , 23r' .
The Creighton
ONLY TWO MORK PERFORMANCES
TOII\V
TIIK KMIM'ATfTOH
Accninpinled by < " ! [ MII.OTT1J HKJlKKtW ana
a tt'kvt conuuiij nii'loithe management of
\V. II. 1IIM.KV ,
Pipvrntlne i r the Ilif ! tlmo lisle In thin clljr
n net * "omitnce byV A. TKHMAYNU.
. . . . \ SUUUKTVllllA.NT. . . . .
riltTH.-ZBe , We , 7-c IHO.
MnllliieSic , Mr , .W
Whitcomb Riley ,
Till ; GK.HAT NA1IONAL
POET .
Will Appear in one of h's
Popular Readings , from
His Own Works , at
The Boyd
FridknJ ,
THE CHIEF LITERARY
EVENT OF THE YEAR
FOR OMAHA.
ioi'h u \
ii.utMn > < Titiir , WIM , mriiv : TIII :
WIVI'HIt THIMI TlllhVI4K 1C. ADUI/1M ,
Tl iSI\V AM I'-IIIDAV , H | . .11.
I'Ml'I'l MIMIT , TllirilSDAV.S. Cllll.-
UUK.N , unnvKsii vvi i > . .M. , S.VTIK- ;
nv > , 10 \ . „ u on .1 i > . n. IMIIVATI :
Iissl\s ; ( , \NV Tllli : . AIAVAVK OIMI.V.
The MillarcL.
. > v.u-
" " *
O > TKAIlYIHUTm
Aiufik'Uli ,11111 , W.fiO put dux up.
Kuropciiii pluu , 81.00 porclay up.
. U , MAIUCUL . - 4i < nj Jt pj. .