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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 13, 1898)
" ' " " riIE"d3LAItA' DALLY JJJBM : TIIUHSDAT , JANUARY 18 , Y8087 CONTROL OF THE SHORT LINE Oregon Connection of the Overland Again Gomes Into the Fold. ORGANIZATION COMMITTEE SECURES IT Ken * from IVctv York Slnrtlcn I.oenl Itnllrcinil Circle * 1'rcnldetit Hurt , i iiuH lie linn \o , Ail\Iee on ( lie .Subject. i < There was a flurry of excitement In Omaha railway circles ycalerJay afternoon when the report from Now York to the effect thai the Union Pacific roorganlratlon committee had oblul od a controllng Interest in the Oregon Short line wis read In the evening paper ; . It wan at once conceded that the le- port wan most probable , and some railroaders wult so far aa to say that the ) tud o.xpecteJ eucii no announcement for sonic time. The Associated Press dlrpatch raids- "N'KW YORK , Jan. 12. It was announced on Wall street today that the Union Pacific rcorKaiilrallon committee had obtained a con trolling Intcreit In the Oregon Short Line , at is also nald that through this they would eoon take eontiol of the Oregon Railway and Ravlgatlo.i company. " IKtdco 0. liuu , president of the reorgan ized Union Pacific railroad , was shown the prc&i dispatch at tlio licadiiuarteiB last even ing and askoJ If he would confirm or deny the icport. Ho said : ' 1 have received uc Information vvl Hover on tl.-iu n.atter , so 1 can neither ccnflrm nor deny Hie report , I < im Harry I cannot give you something on the subject , but I know nothing about It. " "Do } ou th.uk the report probable , Presi dent .Hurt ? " "All I can say Is that the reorganization ccmmltlco would undoubtedly give out a statement If such en event had actually hap pened. This la nothing but a newspaper rumor. " Attention vvaa then called to a later dis patch to tao effect thai thu Utilon Pacific would prcbably control the Oregon Hallway and Xavlpatlcn company. In reply President Hurt wltl "That I ? very Improbable. I tuko no stock In It whatever. " "Do > ou mean In reference to the control of both lines , President Hurt ? " "No , air , caly In regard to the Oregon Hallway & Navigation comptuj. " From his manner and from the fact that hodeclared only the report rofeurdltiR the control of tao Oregon Hallway & N'jvlw- Hen company Improbable , it vviis Inferred that President 'Hurt ' thought that the deal ( or the control of the Oregon Short line had not yet bctii consummated , and when It had been the reorganlratlon committee would glvo out a statement to tl.ut effect. Oliver W iMlnk , vice prcsldcn' of Uio 10- orcinlzed Unlcn Pacific , decl-'ied to speak upon no irutter except to cay that he had iccelvcd no Information corroborating the ptcds dLspaicheu from New York. He re- iferred all Inquiries to Prcildcot Burt. WHAT MVY HAPPEN. Other Union Pacific officials declined to apeak for publication , but ono of them talked as follows on condition that his name would not bo printed "Thia Is not surpris ing. In fact , I regard It as highly probable If you remember the traffic light between the Union Pacific and the Oregon Shon "Line " which was waged last summer and early autumn you will recall that It vva. % settled by the purchase of a big block ot Block In the Oregon Short Line by the Unloi. Pacific reorganization committee. The con- tiol of that stock did not give the Union 1'aclfle reorganization committee a control- JtiK Interest In the Oregon Short Llno , , but It cimo pretty close to It. I surmljo that Klnco then another block of t-liort Line atock lias boon ( secured by the Union Pacific re organization committee , and the acqu'ultion ' of this givc > 3 the committee a contiollng In terest In what was formerly a branch of the Union Pacific. You do not want to over look the fact that the UJiiort Line Is doubly represented In the directory of the reor. ' ganlzcd Union Pacific. " "In the event Of the control of the Shoii Line by the now Union piclflo railroad , dd jou think the headquarters and shops thai vvoio established at Salt Lake City will bo brought back to Omaha ? " "A part of them , yes , but the bulk o ! them , no. Of course , I know nothing nbom the plans of the new company , or am I oven sure ( hat It ban for a certainly seemed a controllng Interest In the Short Lino. But It Is my opinion that If It liaa not now , It soon will have. Then some of the work clone nt the headquarters and machine shop. : of Iho Short Line will undoubtedly bo at tended lo at Omaha. Hut In the main I think itha Short Line will bo operated as n closa connecting line of the Union Pacific , but rwlll maintain Independent management , shops and headquarters , the same as the Klkhorn docs , notwithstanding Its clcac re lations with the Northwestern system. In dependent management and operation foi each line Is a fltcd policy of the Vander lillts , and I believe It will be carried out In this caso. " IIIIIIT n is of ( In- Dillon I'm- 1 ! Uat Ilrml- iHinrti-r.s A till I a. The special train of Prasldont Burt and other officials of the Union Pacific came Inlo the union depot shcda shortly after noon orsterday , running i\a \ Iho second sacllon ot train No. 6. Tnough the record-breaking cu- filneer , Tom Qrogain , was In Iho cab , no attempt - tempt was made on the going or return trip to show the new president how fast trains could bo run on the Union IMclflc. The trip to Salt Uiko City and return Included a thorough inspection of the main line and many of the branches. There were no Iiuretn of speed with the special train , as the Inspection could bo mfiflo to better ad vantage with Iho train running alowiy. To a Bee reporter President Burt said- "There. Is nothing new I can toll you. I have Just been for a trip of Inspection over the line , and uvcryunnt ; appears to bo hi flue shape. The road Is In splendid condition. " "When will the meeting of the new direc tory of tlio road lake place , Presklent Burt ? " "I am sorry , but I cannot tell you. " "Can you e/iy anything about the probable action with reference to the purchase of the Kanpas Pacific ? " "No , sir , I cannot. I can't tell you thlni ; that's now ; nothing at all " President Burt faunl plenty of business waiting for him In his now offlco at Union 3'aclllc headquarters , and began transacting it at dice. Just before ho slatted In on Cils work he took a brief trip uptown , meeting a number of old friends anj receiving con- Kratulutlctui from tlicno who had not before met him alnco his election lo the Unlc.i Pacific presidency. Ho lunched at the .Mil liard iictel with Vlco President Mink , und It ( was observed that when the president wrote Ills name ca the hotel register ho followed It . with the word , "city. " Ho has heretofore leglstered "Chicago , " After lunch the presi dent of the "Overland Route" went down to the city office of the North- ! ( "western " , chatted a moment with Asa - a irlutant Ooneral Passenger Agent Ferguson und Clly Passenger > Agcnt West ; then pro- ccoied to the Merchants' National bank , ( where ho paid a short call t i President Frank IMiirph ) ' . Vleo President Mink of Boston , who was elected at the same time Horace. G. Burt was chosen to the presidency , granted a brief Interview to The Beo. Ho said that the road appeared to bo In good condition , and that no changes had yet been announced. Ha eatd ho felt quite sure that the election of Knittus Young to the position of genet al auditor or the Pacific Hxyresa company did not moaci that ho would retire fcom bli posi tion ag general auditor of Iho Union Pacific ittllroad , or that 1io would sever his rotations v. HIi the latter company. I'crHOiiilltCoiiiluutuil JJ. 0. IA. Rutherford , general agent of the llock Island's passenger department , yes terday afternoon received a telegram an nouncing completion of arrangements for the flist personally conducted excursion to bo run weekly between Boston , Buffalo , Chicago , Omaha , and the northern Pacific coast points. The Hrat car will pass through Omaha , on L < J , Friday , January 28. at 1:45 : p. in. , leaving fr * Chicago the o\enlng previous at 10 o'clock. The westbound cars will pass through Omaha on Frlilaje and the returning cars for Boston - ton will so through hero on Saturdays. The route from east to west for the long trip will be u follow * : UtuUri & Albany , Now YorK Central , Lake Shore & Michigan Southern , Chicago , Hock Island ) & Pacific , Denver & Rio Orando Wastern , Oregon Short Line and Oregon Railway & Navigation company. nbvs cins.u'iAKn t OHIO IIOMKS. I'rlcc I'nlil Connlilcrcil Aiti nntimooin to tlic Coiniinii > - . NEW YORK , Jan. 12. It wsa reported In Wall elreet today that the banking house ot Harvey risk A Sons had purch-ieed from the treasury of the Chesapeake- & Ohio Railway comp'iny $2,281,000 first mortgage 5s , which had originally been reserved 4o retire the purchase money Cs maturing next July. Application - plication to list thoio bonds w.is made to- ( My. The price paid by risk & Sens Is salil to have been $1.14i4 , making ft considerable piling In Interest. At a meeting of the New York Board of Trade today a resolution was adopted en dorsing Senator Gray's bill for the estab lishment of an International .tank. Thoonnual meeting of the American Sugar HolnlnB comp-iny wca held In Jersey City to. day. W. B. Thomas and Charlf/i / H. Scoff were re-elected directors. There wto no fiianclal statement Riven out. The stock holder * adopted a' resolution authorizing the board to keep oil residue of earnlnga over rnd above the fixed tegular rate ? after the divi dend paid th'a month os working capital. Brayton Ivca , formerly president of the Northern Pacific Hallway company , wi 3 to day elected presided of the Metropolitan Tri-at comprny , to succeed Thomas Hill- deceased. ALBANY , N. Y. . Jan. 12. A certificate cf Increase of capital sleek ot the IXclflc Postal Telegraph Ciblo company from $ SOO,000 lo $1,000,000 , was ( lied today wllh Iho secretary of state. The liabilities of the company are $142,727. _ VAMAVJ \MS ( in Til ll > 111 Xi'T > ' Onri for Ilii- Vurk Son lor. CHICAGO , Jan. 12. A now outfit of equip ment for the Pennsylvania's "Pennsylvania Limited" Iraki was on exhibition today In the Union depot. It went Into active service this afternoon. The new equipment la freih from the Pullman car shops and It Is clalmoJ for It t'at It IB the finest ever turned out by tlat company. The train consisted of flvo cars , all similar In outward appearance , but showing great variety In their Inlerlor ar rangement and flnlahlngs Outsldo the new train presents a iiccullar combination of colors. The -car trucks wore all painted red. tlio loner iiart ot the bbdlcs of the cars from the window sills dovvri were yellow , while the upper part wai dark green , and the root black. Whllo the Intcrlcc woodwork of all Hie cars was nuhogtny , there was crcat variety dlsplajcd In the design of the adorn ments. TJC train Is vcstlbuled throughout and lighted wllh bath gas and electric vni.i.v. r.ii.VIM , nu.v i\ri.u.Mo.vs. : ( iiilt Hoiiil U'lll TnKo IIi > iiivNi-i > Ucrn < i > ( InHiiuHi. . K \N3AS CITY , Jan. 12. Dcspllo Iho ef fort. ? of other western roads to step the r-omeseckora' excursions advertised b > the ICansao Clly , Plltsburg & Gulf nrd to olart on January IS and to run regularly every Iwo weeks thereafter , Preslden' A. U Stlllwell of the latter nxul has Issued circulars ctinounc- 'ag the oxcurt'ld s would be n.ai.ualned at tlio ialea ndverlLsod. The announcement Is made th.t tlcke'o good over Ihe Gulf road will be sold In every lown In Iho United States where agents can bo secured. Sturm Intel foron iiHh Oiinstrnctloii. The severe cyclone at Fort Smith , Ark. , has Interrupted a considerable lot nt rail road construcllon work which had been rt- ccnlly started In that vicinity. Just before Ihe terrible storm came along several nun. dred men had commence ! to build a line that was to connect Fort Smith with UK main line of the Kansas City , Plltsburg At. Gulf railroad at Oak Lodge , I. T. Although the town ot Fort Smith offcied a big boujj to President Stlllwoll to run the Plttsbura & Gulf road through lhat city. It was 1101 lone , because of the mountainous charactci of Ihe country surrounding Fort Smith After the building of the line from Kansao City to Port Arthur It was decided to run A branch from the main line Inlo Fort Smith. Work on the brfdgo acros.1 the Poleau rivci for this branch was to have been begun within a few days , and the branch was expected pocted lo bo complete by July 1. Other railroad construcllon work tha- will bo delayed by the destructive cyclone Is tbo bulldlivs of a line by the Arkansas Central railroad to connect Forl Smith. Ark. , with Charleston , Ark. , twenty-five miles south. TracHaylng on that line baa only recently been begun. The St. Louis & Snn Francisco railroad was to erect a large- freight house of brick to bo followed by Ihb construction of a handsome passenger sta tion. All of this work has been Indeflnltelj postponed until the wreckage ot the fctorin can bo cleared away. Confer Ith Mr. Clnrlc. Vlco Pre.'ldont Warner and General Mana ger Doddrldge ot the Missouri Pacific have returned to St. Louis from San Aotonlo , Tex At Iho latter place they conferred with mat tera of Intwest concerning the Missouri Pa- 3lflc with S. H. H. Clark. Their visit ha- .jlvcn now lease of llfo to the rumor that or his recovery from his present iltaess S. II. H. Clark would resume the presidency of the Missouri Pacific railroad. Wulle Mr. Clark ' .3 not well , It Is said his health Is In no worse condition than It has been for many months past. _ Hiio iv llonic linllriinilM. All the railroads In the state reported snow along their respective lines yesterday morn- Ing. The snow throughout Nebraska Is o , ' about the same dei.tli aa thai la Omaha. In Kansas Iho snow1 along Ihe railway lines ! aboul six Inches In depth. In Wyoming there Mas been mo snow since Monday , but the thermometer has been steadily falling. The Union Pacific reported tcmoeraturo ranging from 12 to 24 degrees below zero from the dlffccent stations In Wyoming this morning. \ < MV Kiixtliotiml Criiln ItntoH. N.IJ\V YORK. Jan. 12. New castbound rates on grain and grain products ( oxcepl com ) , cffectlvo January 25 have been recom mended by the munagers of the joint traffic association on the boski ot 20 cents per hundred , Chicago lo Now York , wllh usual dlffemices to , other eastern cities. T.io rate on corn , whether for domestic use or export , has been fixed at 171i ctnts per 100 pounds. I.IIOUflFI - till * KlllIIIII-OH. NRW YORK , Jan. 12. A London dispatch say a tlat at u. meeting of Hio bondholdeis nnd fllockholders of Ihe Chicago Great West ern Railway company toiiy Iho following were re-olocted members of the finance com- nillleoRt. . Hon. William Lldderdale , chair man ; Howard Gllllat , Alex F Wallace , Ed win Woterhoiuio ted C. Sllgo do Pothculer. nt imill 1'iTMoiinlx. Assistant General Ppssragpr Agent Fer guson of the Northwestern Is Iu the city from Chicago. Abfilhtunt General FroU'.il and Pae-imger Agent Phllllppl of Ihe Missouri Pacific has returned from a short trip through -the state. The Interviews with General Manager Kd- ward Dickinson of the Union Pacific oub- llshed recently In the newspaper * cf Salt Lake 3lty hive been largely devoted to booming the Tiacisuilssleslppl Exposition. Samuel A. Hutchison , general traveling usseiigcr agent of the Union Pacific , ce- urncil to headquarters jriterday morning irowded with argonaut stories Ho saya I'jcto s go'cig to bo nn Immense movement of gold iiunters lo the Klondike this spring and that San Francisco will outfit more parties than all the rest cf the Pacific ccast points , Ho also thinks there will be a considerable move. mcnt to the leccntly discovered gold mines nrar Guaynopa , Mexico , eighty-five miles jouthwest of the southern tormlnua of the Itlo Grande , Sierra Mndro & Pacific railroad. A new railroad Is being constructed Into this most recent and latest gold mine , and all In- llcollons point toward the development ot the gold fovei In the southwest us well as In t'Jo northwest. Prenldcnt A , W , Ivlns of Chlhua- iua , Mexico , U at the head of a compaaiy that Is pushing the Mexican gold properties. I.iiiulM-r DculerM' OltlotTH Meet. J , J. lionekcmpor of Sutton , president , and J , H , Jenkins of Schuylcr , secretary , of the Nebraska Lumber Dealers' association , und Bevernl other members of that body held an executive meeting at the Dslonu hotel yentorduy and selected Murcli 1C aa the data upon which the annual mooting of the association Is lo be held. The convention will nit la this city. , . ' . I . TO SEPARATE NEWSPAPERS t Ruling of the District Court on Ono of IIitchok3 Fictions. NO DA1Y WORLD-HERALD PU3.I3H-D SrpnrnUIMIIIoii * Cantiol llr Iliinrlu-it anil Cnlli-il One for fit-dilution Pn Unit ftiltli ol nti Ailvcrtlxvr. No such paper as the Dally World-Herald li published In Oaiaht. This Is the rullnc ; of the district court as presented by thrco judges , sitting en bane lo hear Iho motion for a rehearing in the matter of the appll- Milan of the Kitchen Brothers' Holel com pany for a license to sell llauor , against which application protest had been lodged by N. P. roll. When the matter was first hca'd by Judges Baker , Dickinson and Fawcett , the court de cided that Iho morning and evening editions of the World-Herald constituted one paper , known cs the Dally World-Hemld. Tills finding Is reversed now , and the court holds that the morning and evening editions ot that paper are each a separate paper and that them h .Da such paper as the Dallj ! World Herald published. Yesterday morning the motion for a re hearing was presented by Attorney K W. Slmcral , who urged that now facts would bo presented for consideration. When the motion had been debated the judges took It midci advisement. At 3 o'clock In the afternoon the three Judges met and formulated their opinion which they Immediately filed In the office of the cleik of the dlstrlcl court. Wllh the exception of the first iliU'nt.ie ' opinion la the same as lhat heretoto.-o delivered. In Iho first flndlni ? Iho judged now say , the opinion being wrlllen by Judge Baker. That the eontrnto of the Morning nnd livening World-Heraltl , of the same day fire lint mibatintlally the same , tncrpforo they do not constitute1 one newspaper , Tnls wai the. former IIH well ns the present opln- on of the writer. This llndlng | q concurred In by I-nwcelt , J. Dickinson , J. , dissents und adheres to the former ruling ot the court In this cuse. DISSENTING OPINION. Judso Fawcott fllrs an Independent opin ion In the case on Iho matter of good faith , as follows- In the District Court of Douglas County , Nebuska-In ro application ot Kitchen Brothers Hotel Company for n liquor 11- cense-DIssentltiB opinion of r.uvcolt. J. rlie Judgment entcrt-il In this IMSP on the Sth lust , was rcilly entered upon the. find ings of u majority of thu Judges that the nnpllcr-nt acted In good fulth In making' lla choice of a nevvspiper In which lo publish Us noMcc of application for n liquor license. I wis unable nt tint time to concur In that fliulliiff and hence vvaq also unable to ron- cMir In the Judcrmnnt entered thereon 1 nm of the < = nmo opinion now that I was then. I therefore now dissent from the Judgment of Iho court In oveirullng the motion for a newtrill. . At the time of the piepir.atlon of the opinion and entry of Judgment on the Sth lint. I hod grave doubts as to the corieet- ness of thu finding of tie court that the Morning nnd Evening World-Heralds con stituted ono ne.vspapcr , known as the Dally World-Herald , and I now feel that sulll- clenl ccnslderallon vvat not given to th.it question at th it tlmo and upon more m i- lure ueitDoratlon and a more careful exam ination of the law my finding would now be that there Is no "Uch newspaper pub lished In Omaha as the Dally World-Her- ild ; but tnat the World-Herald Publishing compiny publishes two daily noAfcpipors , one known ns the Morning World-Herald and the other known as the Evening World- Herald. This beliiK so , Ihen , In my opinion , a new Irlnl should be granted ispon that proposition for the reason that , If there I * no such nc-Tvspiper published In Douslas county as the Dally World-Hcrild , then there Is no competenl evidence before Ihe court to establish the fact thai the appli cant published for two weeks Its notice , of application for a liquor license ns required by law. law.DEFECT DEFECT IN THC AFFIDAVIT. The affidavit of publication filed by thd applicant recites that the notice was pub lished for two wee'.ts In the Omaha Dally World-Herald It does not rec-lto that It was published In the Morning nnd Evening Worlil-Heiald , or in the Morning World- Herald or ( he Evening World-Herald The only evidence upon which It could possibly bo claimed that the fact of publication for two weeks In tne Morning and Evening World-Hcinld wag established -jiould be the evldenco of Mr. Hitchcock , who testified generally thai all notices of applications for liquor licenses were published In both rrornlnK and evening editions of the Dally World-IIeralil , but there Is no evidence that they wcie published In the Sunday World- Herald , and If the vailous editions of the World-Herald arc to bo combined to make ono paper It seems to me thai both the regular Morning and Evening Wcrld-Her- ald and Ihe Sunday World-Herald would have to be combined. But. be that ns It may , I think the evldenco of iMr Hitchcock Is lee general to warrant a finding and judgment that the notice In this particular case was published for two weeks In either one or both of the AVorld Publishing com pany's publications. If I am correct In this , then the question of good faith does not enter Into the. case , as It would leave the applicant without any competent proof of even an atlempt at a compliance'A Ith Ihe law , "GOOD FAITH" IN DOUBT. On Ihe queallon of good'falth I hold that there Is absolutely no evidence to justify the ilndlng and Judgment of the court. In the case of Lambert against Stevens , 29 Neb. . 2S3 , I think our supreme court we-nt to the very verge of liberality In con struing a statute. I very much question tie right of any court to Justify a party's fail ure to comply with a plain statutory pro vision on the. ground of good faith. I find no fault , however , with tills holding of thu .supremo court , as It la founded In princi ples of substantial Justice , even If It ilocn somewhat strain the principle of statutory construction But , giving to the decision of thu supreme court ita full force and ef fect , I still hold that when n party attempts to Justify a noncompllanco with a plain statutory provision on the ground of good fallh , he must show nlHalu.e good faith. Ho cannot act upon mere idle tumor , nor can he act without Inquiry , nor without making Homo atlempt to a.-cer ; ila the truthfulness of the facts upon which he lellps. The evidence In this c-a'-e of Mr , J. H , Kitchen Is that ho thought the World-Herald had the largest citrulatlon. Ho does not Hhow what. If any , en'ort lie made lo find out which p ippr bad the largest circulation. The evidence is uncon- tradictcd that Mr. Ralph Kltrhon was vla- Itrd bv a representative of The Ben Mho Bhoived him nn nftldavlt ami a copy of Tlio Bee ; Ihal ho Bald to the repre'entallve of The lieu that ho did not know ulilch paper had the largest circulation , but that HO far JIB the Baled of the p ipcra at thu Paxton liolel news counter was concerned they so'd Iwo Bees lo ono World-Horald. From Ihls It will bu seen that ho had made , no in quiry as to which paper had the largest cir culation although he Is Ihe ono -who made Iho application on behalf of HIP. applicant. All thu knowledge ho had as to thn relative circulation of tno Iwo papers was gained from Iho iiaIon of Iho paperd at his own hotel , which allowed a Haiti of twlca an rrany Uecs as World-Heralds. Good fallh certalnlv could not bo predicated upon such knovvlPdgo "Mr. " Ralph Kitchen says that ho had seen the resolution of the. Hoard of Flio nnd Po- llco Conimli'Monpr'j designating the Woild- Hcrald as the paper In wnlch to publish their no'ilcc ? On thU proposition I hold that good fulth cannot lie prcdlcitcd upon a resolution of Ihe. Hoard of Fire nnd I'o- leu Commissioners , which wan a nullity , and which the applicant was bound. In law , to know as a nullity , The supreme court of this Htato had already hold that the Hoard of Fire and Police Commissioners nail no authority to determine In advincu the relative circulation of newspapers in which parties dcnlrrd to publish not Iced of this character. The applicant then wan bound to know that the Itoinl of Flro and Pollen Commissioner. ! hud no authority whatever to ipar-s HUCI ) a resolution , and with thai knowledge , could not predleato good fallh upon such a void resolution. For lao reasons above given I hold lhat the Judgment of the court entered In this caau Is erroneous and thai U tthould be set aside and u new trial granted J. FAWCETT , Judge , InxiirniK-r CiiiiiianlrH liitirNtiil. . Bight Insurance companies have begun a fight ID the federal court ogalnat an ap praisement of damages alleged to have re sulted from the partial destruction by fire of a hotel In I'corli , 111 , The milt Is brought agalUEt tlio owner ot the building , Lura D Barrard , a resident of this stile , and U brought to eel aside the appraisement on the ground that It U fraudulent. Thu owner and the companies could not agree on an award of damages after tbo fire , and consequently the matter was left In tbo hands of three ailjus qru. one appointed by the con.panl and npttior by theovvner , ad the two chojslnR thriUlW The company's representative ippraltnl Iho los * at ? fGS9 , while the other twofl4 It at ? 19.6S1. Kellj SUCH , /'ffc ' lninnm" > . Michael Kelly hBst8U jj Armour & Co. ot South Orc.iha and RcpHfford & Gould , the citmctor8 , who Constructing the Armour plant. Ho < lorr < ins * AiAltium of $2,000 , alleg ing personal Injurlcc 'Mi'tils ' petition ho al leges that while whcelrrf-i brick about cue of the buildings ho waaMnJHred In sneh a moo- cier u.i to cripple hltnlfdf-'llfc. lltrlrt Ouurt .Note * . Lottie D. KellOKRih-ttjiasked the court to dlvorco her from hcn.hudand , George Wash- Inglcci Kellogg. Sho-nltesea cruelty and f'lll- uro to support. > ' < > Emma Nelson , by Jbhri No'ecci , has filed a dUmlsoil of her sUlffiRalnU the Omaha Street Ilallvv < iy company. Seme time ago she sued the compiny , asking judgment for $2- 000 , alleging -tt-at she wns thrown from a car and seriously Injured , aiATTi&iis i. > Tim rni > iuvi > coi'irr. ' II ml ITU Woodmen Cnsn ( Joex Over Till ( lit1 Mil rnli TIT in , The case of Iho Modern Woodmen of America agalnot Iho Union .National bank has been continued over the term. It a special term ot the federal court la held In March , as la very probable. It will como up again at Hint tlmo for trial. That Is Hit ! result of yesterday's proceedings before Judge Munger. At the morning session ot court the at torneys for the order filed and offered their amended reply , which they had been allowed to do by thecourt. . In It they Bought to estop Iho bank from making the defense that the so-called certificate of deposit upon which they rolled to provo that tlio bank came Into possession ot Iho $27,263 was simply a paper of accommodallon. They say lhat rolylng on Ihe cerllflcalo or stalcment nt ono of fact the board of directors believed that the money vvna on deposit In the Union National bank and therefore took no action to recover the amount from D. C. Zlnk or his sureties , although they had threatened to do so until the certificate was produced by Zlnlc. On February 22 , 1S9G , It la alleged , a demand was made on the bank and tin bank did nol re fuse to pay over the money , but asked that Iho demand be postponed. About another month afterward another demand was made and then Iho bank rotiMetl lo pay Iho money. U Is alleged that If It had been kno\vn nt once that the otatcmcnt was not true on Iho day It was tlaled Iho order could have pro ceeded lo bring acllon ngalnsl Elnk and his boiddmcn for Iho amount The atlorneya for the bank asked the court that the plalnllff bo required lo so formulaic llio answer that certain , allegations made In It might be demurred to. On this request Judge Munger stated that In view of the fnct that the answer brought up now ques tions of law It would bo better to continue the case until they might bo all disposed of 1-j order that the case might RD to the Jury on a qucsllon of facl. The attorneys on both sides therefore agreed lo allow Ihe trial to go over the term. John Alexander of Plalnvlew wns fined $100 and costs and wns sentenced to slxlv days In lr > e county jail for furnishing Indians wllh liquor. The eenlcnco was suspended on the payment ot S25 nnd costa. Mrs. Mary Bird , Harrlstmrg , Pa. , sa > s , "Mv child Is worth millions to mo ; yet I would have lost hcnby , croup had I not in vested twenly-flve cpnts In a bollle o Oni Minute Cough Curo. ' , ' It cures coughs , colds and all throat and lungitroubles MAY YHT \Vn"TIli , ] ; ICH I'AIj VCR. HoiielrVl 'f'r ' Cold WrnUicr Siion. The exposition Iagpon1 Is steadily growing In fuvcr as a skating , grpund. The Ice Is 'n excellent condition andiitho management of Iho Ice carnival Is 'making ' every effort to rnako It a popular resort. If cold weather Intervenes the Ice palace wilt be erected be tween now and Tuesday of next week , and a most entertaining series of events will bo arranged , with tho.pdjico as the central feature. In the eveqVthat the weather la too warm for an Ice rjalacq ffro big Manufactures ] bullolug will bo made ruady and the exercises will take place there These will Include a bal masque and a series of ontertamments. James H. Love visited West Point Tuesday evening In the intercat ot the carnival. He foLcid I'ae lown enthusiastic and a large per centage of Us citizens ready to take aC- vantage ot the cheap excursion rates. At least 200 people from West Point , Wloner and vicinity will accompany their mild of honor to Omaha next Tuesday. The West Point Cadet band will escort the "maid" to lown and act as her guard of honor cci all oc casions. Norfolk's "maid , " Miss Ruth Daniels , will altend with a large following of admirers. The queen , with her maids ot honor , will hold ttielr first reception at the Mlllard hotel i Tuesday afternoon front 1 lo 5 o'clock. The I Carnival orchestra will furnish music In the1 parlom and Iho Wesl Point Cadet band will p'ay selections In the hotel lobby. Prof. Albert Wcltzwill bo one of the mow features at the lagoon. Avhero ho will open for a short season this evening and give his sensitlcaal skatorlal ads on high stilt nkates , ordinaries and unlcycles. He will give his exhlblllons every evening and at the Saturday and Sunday matinees. T\io evening skating and tobogganing la as fine as any ono could wish for. During carnival week the lagoon and ice oalaco will bo lighted with Innumerable colored Incandescent lights. The Omaha Curling club Is getting Its af fairs In good sbype. A new lot of curling stones have arrived , from Scotland nnd will bo tried Saturday , as that Is the day set aside for a big practice game , nt which tlmo all members are exoectcd to be In attendance During the carnival Ihe Curllag club will p'ay a series of gamcn at night. ri-i-iull \lli-ratloiiH , A permit has been Issued to Browning , King & Co. lo expend $1,000 In allerallons of lliclr building ut Flfteenlb. and Douglas streets. ; ES COUNTY EMPLOYES Expected Shake-Up in the Clerical Force Shaken Up a Little. BOARD CONSENTS TO SOME REMOVALS n\I > -r < Uitnnc Ili-mU the Mxt , UN 1'lnc'o HclitK T liken 1 > .lolln T , Uullc ) Clot-It llnorl > ' * XeuIlooUkocpcr. . The Bcaid ot County Cotnm'ssloners hcM un adjourned meeting yesterday , and In addl tlon to transacting routine bus'tiCM , the members dropped a few ofllclal hwds Into 'tho official vvasto basket. James Uuono baa been cmplo > cJ about the court house for some months , acting In the capacity of expert accountant , assistant to Auditor Tale , and an all 'round man to look up matters , for the old Board of County Com missioners. On the now iboard being In ducted Into office It nos conceded that Huanc would ha\c to go , but the decapitation ot the man came a little sooner than was expected. Yesterday after the disposi tion ot some minor matters , Commissioner Harte offered a resolution , the terms ol which provided for the removal ot Kuano and the appointment of T. J , Kclley to fill the vacancy. Commissioner Hector said that ho would move the adoption of the resolution for the reason that ho was of the opinion that there was no necessity ot having an employe to look after the work that had been performed by Huanc. However , ho salil that he could not vote for the man named by Commissioner Harte. The roll being called on the adoption of the resolution , Commis sioner Hartc was the only man voting In the afthmatlvc. Commissioner Hartr came to the front with another resolution providing for the Immediate discharge of Hume , and the ap pointment of John T. Ualley to fill the \rtflnnnv. Airnln nnnmlsilnnpr Hnntnr mnvnd the adoption of the resolution and when the roll was called , every member of the board voted In the affirmative. OHANQBS A llOOKKEDran. The county olerk notified the board that he had dispensed with the cervices of dcorso \V. Ilcston , bookkeeper , and that ho had ap pointed \V. Q. Templeton to 1111 the vacancy , the change to become effective on February 1 next. Commissioner Hector said that Mr. Hcston was one of the old cmplojes ot the county , and aa there had never been a word s-\td against his work It was an act of ingratitude to remove him from office at this time. Ho also questioned the right of the county clerk to remove or appoint an employe of the county. The bookkeeper for the county clerk , he contended , was an appointee ot the commissioners and there was no au thority \cstod In the county clerk to make the removal. A vote being taken. Commis sioners Hector and Hofeldt were the only members voting against the removal. On the nc\t ballot Templeton was named by the same vote , Chairman Klerstead and Mem- beis Harte and Odtromotlng to Install him In office. n. C. Hanom asked to bo appointed to any old position out at the poor farm. Ills ap plication was referred and then the applica tion of John JcfCccat , to be appointed a mem ber of the Soldiers' Uellef commission , vice Robert S. Wllcov , who had resigned , was taken up. Mr. Jeffcoat received one vote when the roll call was called , and of course ho was not e'cctcd. The name ot T. L. Hull was afterward substituted and ho received the unanimous endorsement of the , b < Mrd. Sheriff McDonald announced that ho had appointed J. T. Clapp as a deputy cherlff to eerve the county judge. The appoint ment was confirmed and the bond presented by Mr. Clapp approved. J. II. Taylor > isked to be named as super intendent to look after the Douglas county exhibit at the exposition. His request wso not considered , though It went Into a pile ot application of parties who want jobs In connection with the big show that will bo 1 hold during the coming summer. LICENSE PROTESTS. The protest against granting a license to Henry .Mies to operate a saloon In Clontarf precinct was overruled and the license ordered IssuoJ. In this case certain resl- .Jcnts of the precinct were the parties who protested. Ed Peterson withdrew his ap plication for a license authorizing him to open a saloon In West Omaha precinct. The other liquor license cases were set for hear ing next Tuesday at 10 o'clock In the morn ing ot that day. IJlrts for supplying the county with merchandise and supplies during the ensuing ypar were passed upon and awards were made. With reference to Job printing , furnishing blank books and stationery , the award was divided about equally between the Klopp-Bartlett company , the Hoes Printing company , the Omaha Printing com pany and John L Gideon. The contract , for furnishing ice at the court house and Jail went to Lamoreaux Drothers at 30 cents per 1100 pounds , while the contract for Ice at the county hospital was awarded to the Seymour Ice company at $1 per ton , delivered on the county switch. Anthony Thompson secured the contract for supplying the meats at ttio county hos pital. The Western Soap coiroany ctgtureJ the soap contract , while the bread contract vvtot to the New England bakery , the bid being 2 % cents per loaf , each loaf to weigh ono pound. The contract for furnishing gro ceries was awarded to the George P. Muaro company. Tfoe last quarterly report ot ex-Register ot Deeds Elsasscr showed a surplus of $240.95 after pa ) Ing all expenses of the office. The next meeting of the county commis sioners will be held Friday morning at 10 o'clock. AX .AIM'IJTITIJ keen and healthy cornea from the use of Anhauser-Busch's Malt-Nutrlno the food drink. Druggists sell It. Don't kick and make yourself Rcncr- illy disagreeable , because you've wet foot boino hhoM arc not much protec tion iu this weather but you've tlu > op portunity of wearing the Ideal wet wea ther lioo In our new never-sllp sole ones either with vicj kid or onlf uppers tlio vicl kid are calf lined and they're $5.00 the box calf are ? : i.OO and they're not en If lined both have the heavy hole with lubber inserted that makes it pos sible to go without-'rubbers and they won't let you hliin-and they will keep your feet dry to wear them once Is to do so always. " ' i 11 Drexel Shoe Co. , STREUT Maybe homo of yiifjo fellers wild Ilka tor put on de gloyo.siwld me bnfyer won't If 1 no lt cote 1 got all I ken lo to koup do follei'-Pfrom ' senipln' when dey git in de mad rilsh fur do. hvo-ooit Htoeeker clgnr wat'iv.vjdad inake.s at bin smoke hoiihe on , noiiRhiH .stloot It Irawh do crowd Hup a porou.s iilastor nit yor don't need no IIOI-OUH phiHtcr on do back of yor neck tor Hiuoko do Stoocker ItV dead oaHy and den de lorbackor In it is du Hiune as mini of do ten-centers while de wrappur Is my Ant Saniantha'b If yor want a good unioko jist ( 'ivo yor 'Joalcr a nlcklc fur a Stocckur cigar. 1404 DOUGLAS , It costs so little to conn inand a thoroughly first class tailored suit as we sell them , that we wonder who can pur chase the shoddy production ! so common , Of course , it makes tin "EXCLUSIVE CUKDIT TAILORS" squirm but , we hear of no cus tomer who worries because he saves 25 to 33 # percent. It's the constant study of our buyer to gather the bright est and best goods from the standard looms of the world and so mark them that no gentleman need fall into the error of wearing poorly designed or ill-fitting garments. TROUSERS S4-85-S6-37-8-S9 SUITS $15-20-$25- 209 and 211 S. 15th St. - - - Knrbnch BlocK. DEAD TO HIS FIRST WIFE Chicago Man Tries nn Old Qamo with Success. DECEPTIVE LETTERS FAIL TO CONVINCE I'oller Spi-iul Miii-li TliiVo lit TrnoInB IJoun a htorj Hint finally i-liin | Into I'uru About three weeks ago Chief Gallagher re. celvcd a letter from W. J. McCauIcy , 131 California avenue , Chicago , Inclosing another oplstle from ono II. 0. Tucker. Mr. Tucker , who Is a brother-in-law of Mr. McCauley , rec'.tos a tale of woe seven 1 chaplcra In length. He said that a few dajs previous to the writing ot Iho letter ho be came Involved In a fight with a friend , and that the alleged friend shot him In the neck. After the shooting , Tucker sijo he w-'s taken to a local hospital and then other complica tions arcso In the form ot Inflammation , tjphold fever , pneumonia and a few other complaints , so that at the time of writing ho figured thut hla hours were numbered. Aa a result of the letter , Mrs. Tucker , whom the much-afflicted men in Omaha left In Chicago while he came hero to look for work , was thrown Into a high state ot nervous excltemcil by the Impending doom of her beloved husband. The brother-in-law , at her Instance , earnestly requested that Chief Gallagher locate Tucker and do every thing 'n his power to relieve his Buffering In/ the letter written by Tucker he forgot to mention the name of the hospital and this Inlenslflcd Iho worry of Ihe wife , who waa anxious to como to him as soon as funds could bo provided. The police looked high and low for Tucker , jut failed lo get any trace ot him at the hcspltals. The icault of their 'investigations was n-ade known to Ihe wife. Other letters were received from Chicago , urgently re- qucallng lhat the search bo continued , until ycaterday a firal missive wai received from ho brothcr-ln-law in which he requested all otters written by him should bo returned and noth ng more done In the o EC. The Ict- er also mentioned the fad thit Tucker had > een located on Sherman avenue ; that he was In the best of health and that he wca > y no mentis lonely , as he had taken tnto himself another partner. The slory of his vounds , maladies and appi caching dlssolu- tloa were merely given to his relatives as a gentle hint tlat In the future ho should ) o the same as dead lo them. First premium and gold medal at the Vorld's Fair was taken Jiy Cook's Imperial Champagne , extra dry. Bouquet unrivaled. Hull- for ItojH mill ( ilrlH , There will bo a gospel temperance rally at the Child Saving and Gospel Institute , 30G South Eighteenth street , on Thur = day even- iiK at 8 o'clock. The rally A III le ) con- iucled under Ihe auspices of the Woman's Christian Temperance union. There will bo solos nnd chorines by glrli nnd boys and a chalk talk especially adapted to children. The following marriage licenses were la- sued yesterday by the counly Judjo : Name and AddrcsH. Ago. Henry Milk , Sarpy county. Nebraska.11 Maggie Hensen , Douglas county , Nub. . . . n Edward Holpln , Soulh Omaha 2J Delia Devlne , Soulh Omaha 2J \\HHIC or Tin : I--ISH lloport ii tin * < iO 'riior Shonn Sumo lltllTi-nlhiu 1'ai-ls. The Nebraska Fish. eomniKMon hi * Just delivered Its annual report to Oovpuior Hoi- comb .and takes pride In It as an epitome of the bcR jcm'b work In the history of Ilia rotnmljslon. The H'porl Is an exhaiutivo document and tclH evcrj thing that the com- mlsglon did duilng the last > onr. The nun ber of Mi distributed and phuted In the ponds , livers and streams of thH state wns partleulaily large. The following table glvuj the number of Iho vailous im ported and domestic vailotlcs of fish which \voio thus placed- Wall-eyed pl'to fty . l9 20.r M Ualnbuw Hunt , ve tilings . < < " 1 1 Hiltlbow tiout , fiv . 207.COO 1'i ok tiotil , voaillnss . " * ' Hiook trout , fry . 3HOfi III lek bis1 ! , six moiltlm old . 40 &i GLimin carp. F\ | months old . 2I.'W ) Oeimaii c-aip , jeiillii . r. . . . . I.IW Salmon trout fiy . ll',7li ' ) ) Croppies , s.l\ months old . 12 iiX > SUlpod perch . 1 . " Channel cattish , two jcars old . . . . i.N > Gold llsh , s\ ! months old . -1.OS Total . Ifl.llAfilS The commission conaldois trat all the streams and ponds In Iho state are now pietty well stocked , but complains that the work Is hindered by oclnria. Thuio li a law in existence whirh irakcs It a criminal offense - fenso to bslne l > i ponds and streams , but It Is laxly enforced , owing to the fact that the matter of enforcing It Is p > iccd In tie hands cf ptcclnct Justices and corctublra , who do not care to arrest their neighbors for anj- tfr'ig SD InslgiilficttH apparci.tly n seining. The commission would like to wi > vi clo c 1 season ( NS'ubllahed by law. in which a dealer could be prosccuti'il for offering for into cer tain kinds of fish , pirtlculirly l-ass , croppy and channel oat. During the last year a ivimber of Improve ments luvo been put In at the pc-ids and hatchoKcs at South Bend. This cfUahllMi- menl ! .i much belter equipped for I'n work than It was .a year ago. During the \uir the fish car Ins traveled 10,207 miles in distributing the fish end fry. Most of this dls'anrp toss bee : , ccvered In the state , the car Icavlns the bomdarles but once to go lo tie Mleaiarl hitcherlcs to bring a batch of fish to th'a h'ate. ' The commlsslcn U c mpc-cd ofV. . I < .Ma > of this city , J S. Klrkpalrlck cf Lincoln and Ilobert Obcrfelder of Sydney. Mr. .V.iy ! Is tlio oldest member of t'he commleilc'-i , hiving been appointed when It ' _ a wtabll lied ! 'i 1S79 und continuing iij the p-altlcn since. Last summer ho was roippolntcd by Governor Ilolcomb and will serve until 1900. Tlio term ot Mr. Klrkpatrlck oxpli.a I i Juno ai > l t.iat of 'Mr. ' Obcrfeldor In Juno of next joat. Take advice ! Stop coughing at once by the Immediate too of Do. Bull's Cough S > rui > . Ono bottle will cure jou. Sl-ill Tin-in ( ) u ( of Ciilirl. The case of D. I.lpsehltz chare d l > y a- cnrp-n cleaner , named C' . 1) . Mirrymin , with trcspiss , occupied the BI eater poi- tlon of Judge Gordon's lime yesterday. Merryman Bay.s he bad lented a loom of ono JJioadky nt ] 31" DotighiH Hirer ! Tor reasons best known lo hlniHelf Dioidky did not deem Merryman a desirable tenant and las he had madj no lease with Meriymun , ho rented the plnco to UpschlU The latler took possep.slon of the pluco and was i'li- Raged In puttlnK1 up some partitions when ho was arrested. Judge Gordon dUinUs'il the case with the- remark thai ho tould not waslo his time on such needless C.IHCH and recommended that if the men wanted to continue their lUht lo bring the cnno before a justice Of the ponce , J. A. Perkins of Antiquity , O , , wns for thirty years needlessly tortured by physi cians feetho i-uro of eczema Ho wan quickly cured by using DoWltt's Witch Hazel Salve , the famous healing salvo for piles and skin diseases. AVlien It's posMblo 1o buy plnnos for ? 1 ( ) eiisli and from ? 5 to ! ? " ] ) L'r month thoiv's no UNO liclii } ; without OHO tln-su .secoiKMiiiuil jilaiios tire the bust Imr- alii wc'vii over olTercil hi .such liibtru- IllL'lltS ij.uriO iranlinnn pluno , rosovvooil ens ; , upi Ixlit piano , tj > ! )2 ) , $ li.0 I'Msehor pliino , full siw > , upright pliuio , . ! ) S. A. IIosi ) ( > piano , ebony case , up- piano , 117. Klinbtill piano , olil scale , In > ; ooil bhapc , $115 , Gnu llnu Oiovostcpu squill o piano , oroiMruiiK bnso. KOOI ! shtipc , ? "i5. Oiu > Ha von A : Uauon Hquaro piano , carved leg.s , molding all around , ? ( > . ' ! . i/.ysic / ondin / 1513 Douglas Yt > .s we jiiill tpoth pxlriict them with out | ) ; ilu or KUH for WJu vvo'rc dontlhts mill If you'll como here we'll make a caioful oxaiiilnatlon ab-toluti'l.vi fiuu inaybo they don't ni'od extructliiK Mtnu'tlnics u little Illllnj ; Is all that IK ncct'.s8ary tha oxaiiilnatlon will toll that we're exports at filling tooth of COUIKO thoio'H homo Ineoiivcnloncc and possibly a llttlo pain In llllln ti'oth but you're not handled loiiK.hly liere- * boMldcH , our IHllnt , ' wtuy whore wo put them and w.o use only thu puiest of Kold-hinall gold niliiiKH are ? l.00--we ! also ube wllver und gold alloy thoy'io only $1.00. , _ _ _ j _ BAILEY , 13 Year * Ud floor 1'iiilon IIIIc. Uziicrlvaoe. lUib nud l''aruntil.