f * * + W,4 * - v * * M
THIS OMAITA "DAILY BEE : Tt'ESDAV. ,1 YXlTAin i ! J , 1i)00. )
HOT FIGHT FOR CLERKSHIP
Ecramble of Herdraan and Edmistan for
GcmpbiU's ' Placa Wins Warm.
EACH IS TRYING TO OUTDO THE OTHER
Drmocrnllc nnilornnnrnt of tlir
JJotiKlfiK Cnnnt > - Mnn nrn nil of
I'nlltlenl SclicmliiK Oiloroun
Ilt-cnnln cif Iotli.
LINCOLN. Jan. 22. ( Special. ) The fight
between Henlman and Edrulston for the
supreme court clerkship In "nrowlng more
bitter every ; Any and each Is determined
thnt If ho cannot get the appointment for
himself ho will prevent his opponent from
( jetting It. The latter realizes thnt the
Appointment of Allen ns United States sen
ator has lessened somewhat his chances
of Biicccts , hut he believes that on ac
count of the unsavory reputation of the
democratic candidate he will still be the
favorlto when the end of the ra-o ; Is reached.
However , BO far as post records arc con
cerned , neither candidate seems to have
the better of It. The llerdmnnlles point
with satisfaction to the record of Edmlsten
In the Infamoui recount fraud and the
lattcr's friends retaliate with a reiteration
of the stories concerning Herdman's con
nection with the legislative holdup gang
In 1897 and ISOft. So'bitter has the contest
become that It Is doubtful If the popocratlB
Judges will assume the responsibility of
choosing between thorn.
It has leaded out that the endorsement
of Hcrdman by the democratic state cen
tral committee was olmply the result of a
little good political scheming. It appears
that the committee wa made to believe
that ctho populists had endorsed Edmlsten
and that for self-protection It was neces
sary for the democrats to lake some sim
ilar action.
UclrKntloiiN Worry tlir. .Iinlwrpf.
Several delegations of politicians Inter
ested in the outcome of the fight arrived
tonight and waited upon the two popocratic
Judges In the Interests of their candidates.
The candidates now In the field are : Edmls
ten , Leo Herdman , W. S. Shoemaker , Ben
P. Haydcn of Omaha. J. H. Edmlsten and
Fred L. Shepherd of this city , the latter two
being popullsto and the others democrats.
Tonight delegations headed by Jim Dahl-
man of Omaha and Judgr > Edgar Howard of
Papllllon were closeted several hours with
Judge Sullivan , while the populists con
fined their attentions to Judge Holcomb. As
the situation now stands there is little prob
ability of the contending factlona being
brought together to agree on one man. Hol
comb appears to be afraid to turn Edmlsten
down and Judge Sullivan refuses to listen
to appeals In bchaff of any populist.
"Many of us were opposed to endorsing
any particular man , " said a member of that
commltteo who was In the city today , "but
they told us that if wo wanted to see the
appointment fall to a democrat we would
have to agree unanimously on one man. The
first vote taken showed a difference of
opinion regarding the several democratic
candidates and then an appeal was made
In behalf of Hcrdmnn. This was Just be
fore the commltteo adjourned and the whole
thing was rushed through before mauy of
us knew what waa being done. The first
vote gave Herdman a majority , but not all
of the votes. On the strength of their as
sertions the democrats who favored some
other man than Herdman were forced into
line and the unanimous vote of the com
mittee was then cast for the Omaha can
didate. "
Allen " \Vniitn n Lint.
Senator Allen _ hM written to Secretary
of' State Porter 'for'a complete list of all
democratic and populist members of the
legislature and tho-two state central com
mittees. Just what his motive is in ask
ing for "these names Is not known , but it is
supposed that he intends to begin Immedi
ately his campaign for the senatorial elec
tion In 1801. Senator Allen concluded his
communication to the secretary of slate
with the assertion 'that "I am doing all
that I can to cause the republicans as much
trouble as 'possible. "
There will be a meeting of the middle-of-
the-road populists of Kearney county at
Kearney next Wednesday to organize a
county branch of the national reform party.
A similar meeting for Franklin county
middle-of-the-roaders will be held In BloomIngton -
Ington on Friday. Other meetings for the
Biimo purpose are announced for various
counties on later dates. It Is the Intention
of the organizers ot the movement to have
at least ono or two meetings every week
and In that way create as much Interesl
as possible ) .
The national reform party has but one
Y
pjf.nk in Its platform and It declares foi
direct legislation under the system known
i as the Initiative ! and referendum. It ap
peals to the dissatisfied elements In the
populist and democratic parties and prom'
Ise.i better government , from munlclpa
councils to the national congress. ' It li
urged that , under the Initiative , the peopli
caii compel thn submission to thcmselvci
of' any desired law , when , If It receives i
majority of the votes cast. It Is thereby en
acted. Under the referendum the peopli
could compel the submission to themselves
of any law wlilfh has been adopted by an ;
legislative body , when. If such law falls t
rccelvo a majority of the votes cast. I
will bo thereby rejected from tbo statut
books.
At n state conference of those Intcrcstci
In the movement at Hastings , Dcccmbe
28 , 1S09 , Asa Taylor of Omaha was olcctei '
state organizer. A national committee wa
formed In Cincinnati In March of last year
consisting of R. S. Thompson , Springfield
O. . ' chairman : J. M. Dunlap. Baltimore
Mil. , vlco president ; A. 0. Elchelburgd
Franklin , Ind. , secretary ; and Thoman Kv
ans , Now York : Jay 0. Walt , Sturgls ; Sher
Idan Webster ; Missouri : F. A. Nallle , Penn
L
Fylvnnln ; Asa Taylor , Nebraska ; W. J '
Serleye , Ohio.
hill ) 111 lilII'H III SI. liOlllH.
'Attorney ' General Smyth left tonight fo
St. Louis to argue before the United State
circuit court of appeals the case of th
State of Nebraska acalnst J. W. McDonali
children 'fire sick children.
Their inactivity and sober
faces are not in keeping with
robust childhood. They lack
vitality and resistive power ,
and are very susceptible to
colds and contagious diseases.
brings new life to such chil
dren. It enriches the blood ;
it restores health and activ
ity ; it gives vigor and vitality
to mind and body.
ioc. and t i.oo. all
SCOTT & UOW.SK , Cbcmiiii , New York.
as receiver of thp ripl al National bank.
This case grows out of the failure of Charles
W. Mnshpr's bank back In ISflS The- Plate ,
nfspr a long legal iMltlc. secured a verdict
lapt May In Judge Munger's court for J236.-
'
3SI.S3 against the receiver of thp bank , who
afterwards took the case to the court of i
sppcnls by proceedings In error. There >
Is a. dividend of abMit $10,000 In cash In
the hands of the comptroller of the cur
rency , which will probably bo paid to the i
ftato on the Judgment If the decision of
Judge Munger Is affirmed. G. M. Lambert-
son , Frank M. Hall and A. E. Harvey rep
resent the receiver.
Attorney General Smyth tcday filed In the
supreme court a brief of about fifty pages In ,
support of his motion for a new trial of the
case of the Hartley bondsmen. That < ho
! court orrcd In reaching the conclusion that
. this cote should be reverted Is. the attorney
general asserts , so clear tbat ho can come j
j as near demonstrating It as It Is possible to
| do with any question abaut which there Is a
'
dispute. It Is contended that the whole ,
matter hinges upon the admUslhlllty of the
: transcript of the petition filed in Lancaster
! county. The attorney general holds that I
I the question to bo de-clded Is whether Dart- |
' ley received In his second term all that he
! charged him with receiving ; not whether
I ho had accounted nt the close of Ills first
I term for all the money with which ho was
l chargeable , which It 'is hold is Immaterial.
j The dispute over the right to e-mplle thp
1 copy for the senate and house Journals was I
settled this afternoon by the Printing board i
i awarding a contract for the work to John
l Wall of Columbus nnd Miss Maggie Kroeno ,
1 cf this city , by which the former agrees t3 :
fA't up the house Journal for $200 and the )
I Utter the senate Journal for J2D7.75. J. '
I If. Longford of North Platte offcie.1 to com-
i pllo both for JS10. the senate journal for I
| $ S09 and the house Journal for $396. His
' bid for both'was $797.60. This
1 action of the Printing board places the
work In the hands of the original con
tractors and does away with the litigation
that would result had the contract been
awarded to anrone else.
The Beard of Public Lands nnd Buildings
this afternoon opened bids for the Installa
tion of nn Ice plant at the state asylum
at Hastings.
HEARING OF THE RATE CASE
SeeretnrlcH of the Hoard of Trans
portation rix on February The
Uurllnsrton'n Answer.
LINCOLN. Jan. 22. ( Special. ) The sec
retaries of the State Board of Transporta
tion have fixed the hearing of the live
stock rate case for February 6 at 10 a. m.
In their petitions the railroads allege that
thcro is no official record that the order
ot 1S07 , restoring carload rates , was ever
served on any one of the companies. Sec
retary Laws said today that he did not un
derstand why service of the order was not
recorded on the books In hie office. The
contention Is one which cannot be evaded
and the state would probably lose any
claim It might have against the companies
If their allegations are proved. ' The various
railroads which como under the order set
up practically the same defense. The an
swer of the Burlington railroad Is aa fol
lows :
1. The alleged order was not lawfully Is
sued by the board nnd the matter In ques
tion never received its investigation and
consideration. .
2. The matter alleged to have been con
sidered was never complained of in t'he ac
tion in&tltuted.
3. 'I'no matter Is not one t iat can Ia\v-
fully or properly be considered by the board.
4. The board Is without right or power to
designate tile process of manner by which
rates or compensation to common carriers
uTihln the state can be charged or collci-ted.
G. Thcro was no Jurisdiction in the board
to Investigate the subject mutter set forth
in 'aid alleged order and it was w.thout
jurisdiction in the premises.
6. There are no findings of fact cither by
the board or Itscre > tHri < > s'that under any
consideration' would warrant or justify the
alleged crder.
7. The nllegeJ order'that ' the Lcard through
Its secretaries nnd by Itself , as a matter of
rt.ci found mat live stock shipments should
be charged nfc a rate per 11)0 ) pounds and
that the method of charge nnd collevtion
as mrre equitable th-vn thetarload rate.
8. The existing- method of moving com
modities In the United States Is by carload ,
excel 6 live stock , n-d are charged for by
rates ? cr 100 pounds. Coal , lumber , iron ,
grain c' - . While carried by curload lots ,
nre charged by cents per H ) pui-ds. In all
parts at the Lulled Slates , except Kansas ,
Nobmtlti , Colorado and Utah , cattle , sheep
nnd hJgs , while carried In carload lots , are
ch irgecl In cents -per 100 pounds , and this
prlnc-lnle of charge ar 3 wel&'flt obtains as
the Juit and proper one.
y. 'lly ' the adjudication of the Imter tate
Commrcp commission of ths rnitc-3 States
and by the findings and determination of
c.vtry ftate board of transportation in the
I'r.lted Slates that ) has considered the ques
tion the carriage of live stock and the
i-harge therefor by weight i nelu to no
Jiu. and equitable and appears the most
e.-ono-mical for the shipper niv.1 ' . .liecarrier. .
10. Kf en In the territory where some years
pnt live -lock hns been charged for by
the cafload the tribunals that have con.Md-
ere.l tie question have declared that the
e'hargei by weig'ht ' Is more Just ami equit
able She State Hoard of Transportation of
Nctbrafta so declares , even in the order
served on this company on the llth day of
. January , 1M .
i 11. The United States Commerce commis-
" I fen ! declared , after full Investigation , that
" the charge for moving live caitle In car-
Ici.ds was more In proportion to tie : scrvUo
rendered and more just wne-n t'he ' charge
was made by weight and not by carload.
M. No Injustice. Inequality or discrimina
tion is caused by the mcHim ! of tharglns
by cents per 100 pounds for transporting
live y'ook. ' That , on the eor.tr.iry. it waste
to do away with nnd to avoid suo'.i evils
that this system was adapted by this com
pany nnd other railroads of this courrtry.
13. Frequently under the old tjfte-tn ship
pers would overload ears to save the differ
y ence ! n freight. This often uaured delay. In-
tcnvenlene and lUmagc to t'ht- ' shippers as
° I wtll ns t.-- the carrier , resulting In large and
t . frequent claims upon the carrier from &hip-
e ! pers on nciount thereof , from those in fault
| r.s well ns from those iut In fault.
1 II. .Another rcrm of discrimination im-
d I n voidable under 'he old mer.i , > J of charging
, ' wns I'hat ' Ibo shipper of large fatted cattle
would have a great adv.in.aso over the t--hlP-
' per of lighter t-iu'tlc. in iitut lie. tuuid ir -
s qiiently load from one-half mote to double
the we-leht of cattle In the same t-ar.
15. I'ntll recent > ccirs rtoi'k cara were of
smaller oipmltj Ihan they nre now. he.'ns
l.ot lonKe-r than twenty-eight feet and eMi-
mnted to properly tarry 0KO pounds of
! tattle. Car * of from twenty-eight to forty
I feet nt'i generally In use now on this toad ,
\vtji : the result that miirfi grea-ter loads
I cnn be carried In the longer cnrs. and from
such corvdltixins unavolJ.iblc discrimination
ensued.
IB. I'mler th * old system no remedy ex-
Ifiod t'ir 'Ms evil and to < orre < . 't It the plan
ft nh.irRo by tlio h-undred | > oinvls wan
r adoi'tv- l ar. 1 all Inducement to the pruct-- ! ' '
of nlniFfH ff > freeitirnl uinter the old mcthoj
3 Is done away with.
o 17. No Increase of llvp st'k rates v.-ns In-
d tended , or , In fa.-t , made ry thp tiiamje of
infir.enlj. The present rates ar rca/onnble ,
. Jut and fair and d > not d'.t'-rlmlnuto for
" i.or against any iierson. placer com-
inunl'.y.
Ib. It Is IrtiR that it Is lni : > : f.slhlp to art.
Musi the rites t'hnrge.l for hauling HXB
'nek ' by makin ? a horirntul eut , ns the
I Hm1lnj3 of Uie si-creturles t'hovv.
j 19. In llxlng H * rates for hauling live
Hock by rents j-r huiidrf < l this i-ompuny Is
only ( Jjlng lhat whlrti the secretaries of
the tird have fouml to be equitable e
between the ihlppers ami tnu carrier and na i
btwe ! < n the shippers thcmselve : Ar.J that l
U l.i lir.x ? ible for IhlH ronirmy lo t-ninply
with the purrorleil order of rhe alrge | < | llnd-
Insh cf the becre'nrlrs for the reason thut
furh ordur directs this company to do that
which In the tlndlnps Is determined to be
Inequitable ami therefore unjuet.
lHiipienr | | , LenvliiK .Minincliln ,
TABLE ROCK , Neb. , Jan. 22. ( Special. )
Walter S. Cox , a brakeman who has lived
hero tbo last four years , disappeared after r
drawing bis pay Friday night. January 12.
Ho left debts to the amount of J300. Ills
|
wife caw ahe knows nothing of his where '
abouts. Attachment suite were begun by '
three creditors. Mrs. Ccx moved Tuesday
to the residence of relatives near Tecumseh ,
Ciiniil ,
KKEMONT. Neb. , Jan. 22. ( Special.- )
lutrrc'sl in the proposed Fremont powei
canai the ilplit to the location of which \ > .it
decided In the c'ty'n favor by ihe state land 1
commissioner , is being revived here. Yes
terday EOIUO excavating wc& begun ucai r
where thp nurxry crof rs the Krrrnont. Elkhorn - '
horn & Mlffourl Valley railroad north of
f > dar Hluffn. and additional surveys have
been mndo of the mouth of the erwk where
thp eanfll strikes thp I'lntte. The tlmo
within whleh work was required to be com
menced on the canal expires January 26.
The officers of thp company havp been for
tome tlmp negotiating with eastern nnd Kng-
ll h capitalists for the nece ary funds
and though no arrangements have been
completed they feel confident that In time
the canal will ho finished.
Victim * Will Delpint TlicniifU r .
HLAIR , Neb. . Jan. 22. ( Special Tele
gram. ) About forty of the victims of the
nrowcrs' Mutual Hall association ot
Omaha met today nnd took steps to protect j
the boys In the county who were bitten on |
the concern. They are In ertrnpit and have J
pledged themselves to put up mutually In ,
defense of any member who may be rued
by tbu Omaha concei'-n. A normnncnt or
ganization was effected by electing Watt
Tj-ison , president ; Fred Ollbertson , secretary. .
and Peter Ollbortaon , treasurer. An exccu- j
live commltteo was appointed and In a few
dcys will bo ready for any business that j j
may como along. Including the old officers j
of the defunct concern that Is now In the
hands of a receiver ,
VMrrniiH from Thrp Slate * Tliorc.
PLATTSMOUTH. Neb. . Jan. 22. ( Special. )
To colcbratc his 60th birthday H. C. Me- '
Makcn entertained these brother veterans of i
fotrpany 11 , Second Nebraska cavalry : '
George Davis , Maryvllle , Mo. ; J. Q. Ooss ,
Bcllcvue. Neb. ; Frank Cohvcll , La Platte ,
Ne > b. ; A. C. MoMakcn , Atchlson , Kan. , and ,
Captain Isaa ? Wiles. S. A. Davis. William ,
Gllmour , Kilos Sage , Harvey Sage , J. W. |
Thomas , Jame-s Mitchell and U. 0. Fellows ;
of this city. Their combined ages averaged :
C2'/j years.
Slutc liar AMKi
LINCOLN. Jan. 22. ( Special Telegram. )
A Nebraska State Har association was or- .
ganlzcd here tonight , with Judge E. Wakelcy I | 1
of Omaha as president , M. n. Ileese of this
eity as vlco president , C. F. McCrcary of
Hastings as secretary and H. M. Davidson \
of Tecumseh as treasurer.
The Nebraska Editorial association will
begin a two days' session In this city to
morrow.
nijiloillitKT Cuii TnliPN iv Tlinnili.
LEXINGTON , Neb. , Jan. 22. ( Special. )
While the gun club was practicing on the
outskirts of this city today , shooting at blue-
rocks , a gun In the hands of A. C. HUcr ,
n business man. exploded , tearing the thumb
from his left hand. Ho was taken to the
office of Dr. Bancroft , who dressed the
wound.
Furniture Factory to He Started.
GRAND ISLAND , Neb. , Jan. 22. ( Spe
cial. ) This city Is to have a. furniture fac
tory. Joseph Soudcrmann will leave for
the east In a few days to purchase the ma
chinery. A large building has been rented
for a term of years , with option of pur
chase. .
I.OSITI nn Arm In a Kccil Criiiher.
BEATRICE. Neb. . Jan. 22. ( Special Tel
egram. ) Ernest Roberts , a young man em-
plojcd on the farm of John Yohe , south of
Adams , In this county , lest an arm this
rncrnlng by a feed crusher. The Injured man
lives at Lincoln.
P. B. ThlrlcleiiJ. health Inspector of Chicago
cage , says : "Kodol Dyspepsia Cure cannot
be recommended too highly. It cured me
of severe dyspepsia. " It digests what you
cat and cures Indigestion , heartburn ? nj
ill Terms of dyspepsia.
DEATH RECORD.
John Potter Stockton.
NEW YORK , Jan. 22. John Potter Stock
ton , for many years attorney general of
> tew Jersey , died a.t the Hotel Hanover to
day. Stockton was born In Princeton In
IS ! ! ! and was a son of the late Commodore
Stockton of the United States navy. He
v.-ao appointed United States minister to
Rome by President Buchanan. He was
twice elected to the United States senate ,
but was unseated for the first term. He
served as attorney general for the state of
New Jersey from 1877 to 1892.
IMotnromcue Mianniirl Character.
ST.-LOUIS , Mo. , Jan. 22. Jefferson Davis
Storts , n well known attorney and one of
the picturesque characters of St. Louis , died
at the City hospital today of lnjurles-.re-
celved by- falling from a street car ten days
ago. He was elected a member of the state
legislature in 1SS3. In 1SSO , while prose
cuting attorney of Shannon county. Mis
souri , he shot and seriously wounded Or.
J. L. Peters of Eminence. In 1S83 he shot
and killed Stephen Hurd at West Plains ,
Md. At both trials ho was acquitted.
Dr.nlol I ) . Ilrnmcr.
I1AVID CITY. Neb. , Jan. 22. ( Special. )
Daniel D. Bramer died at an early hour
this morning , aged 66 years. Ho was one
ot the first settlers of Butler county. Bra-
rncr was a stanch republican and always
took nn active interest In every campaign.
Ho leaves a widow nnd ono son , Edward J. ,
whn was with Company E , First. Nebraska , 1
in the Philippines. The funeral services will '
ho held tomorrow afternoon at 'St. Luke's t
church , under the auspices of the Grand
Army of the Republic.
I'onml Di-nil In Iloil.
PAN KRANCISCO. Jan. 22. Captain Ju
lius Frcldman , millionaire , was found dead
in his bed at the Palace hotel. Drain was
caused by heart disease , from which the
dcrrnsed had long been a sufferer. Captain ,
(
Kreldman leaves no close relatives. He
formerly lived In Portland , Ore.
Inventor of rryMnl ( iolil.
NEW YORK , Jan. 22. Alfred Watts , the
Inventor of crystal gold , which Is used In
dentistry , died today nt his hcoie In Brook
lyn ot old age.
FIRE RECORD.
Ntrri-l Unllivny I'liint.
MUNCIE , Ind. , Jan. 22. Fire today de
stroyed the power house , e > hopa. barns anil
offices of the Electric Street railway system ,
entailing a loss of $7oCun. Sixteen cars were
consumed and the c.-.ghica nnd dynamos werr
ruined. Horac cars will bo utilised tem
porarily. A line will probably he atruns
from Andcm-n , Ind. , to furnish power until j
a nev plant Is erected. The loss Is cov .
ered by Insurance.
t'lrveluinl's llriillh Impi-tiroil.
OKOHOKTOWN. H. C. , Jan. 22. Ex-J'res.
Idcnt C'lovelaml , Ciiptatii R. D. Evan ? , IT.
S. N : I'aptaln IV II. Limbcron , formerly ;
uf t'ho ' Olvmp'.a ; t'ommodorr fj. c. none-
dirt < md Qrncr.il A. ( . . Mci'uik left here i
) unlay for New York. Mr. Cicvvlnnl Is
i niiiffi Improved by the r.i.'tlns ' ; ; 4iiil siild he J
hr.d enjoyed himself exceedingly ul ilia ,
FaiiUereserves. .
FORECAST OF THE WEATHER 1
fair itltli Colder In KiiHtrrn t'orlloii
TiicMlay I'ri'illrtril for
WASHINGTON. Jan. 22. Forecast for
Ti'cfday and Wednesday :
For Nebraska and Kansas Fair Tuesday ,
. with colder In oxtrcnio o.w.crn portion ;
Wednesday Incri'asril cloudiness , ind I
, v.armcr ; winds shifting to southeasterly.
' . l-'or Iowa and .Missouri Fair ami colder
I TuoaJay ; winds tililftln ? to r.eeterly :
j Wednesday Inereasins cloudiness aii-J 1
r warmer.
i For South Dakota Increasing cloudlnrhe 9
Toesday , with colder In eastern portion ; ;
Wednesday , rain or enow und warmer winds ;
winds shifting to southeasterly.
'SHIPPERS SUBMIT A PROTEST
Fcasons Advanced for Return to 0rl ! Freight
Clajsificatiou , I
Ii i
RAILROADS DOING WELL ENOUGH BEFORE
lriorli ( | of KnrnliiK * DrinonMrntP
Till * I ) I scrim I nil IP * AnalnM
Sninll SliliMii-rn nml
.Mere-limit * ,
NEW YORK , Jan. 22. The board rooms ,
of the Trunk Line association were crowded ,
today with 100 western shippers who came .
as representatives of the various traffic bu
reaus throughout the country to confer with
the trunk line executive committee and the '
classification commltteo and to present their |
respective grievances against the new
freight rate schedule which went Into effect
on January 1 last.
Chairman Goodard of the trunk line execu
tive committee called the meeting to order ,
saying they would be glad to hear all com
plaints that anyone present had to make.
William H , Corwlne , representing the Mer
chants' association of New York , read a }
technical paper reviewing the difficulties be- , |
twccn the shippers and the railway and ,
trunk line companies as existing under the ' i
present classification. j I
A summary of the paper follows : i |
First We believe that the reports of earnIngs - ,
Ings inn k by tJiP rallroud * In the HliuiK-lnl | |
statements In which It Is shown thnt they
have Increased tlirHr annual dividends anI , ' l
otluis. for the llrst time In years. If not In '
their history , have declared dividends upon
their common stock ( thi > directors setting
forth that Hie outlook for tin- future Is
sulllc'lent to justify this ) rhn\v that the rail- | ,
ro.itfa are. eurnlne fiitllolenc in ney to en- !
ubl" tbem to realize largely Increased earnI I I
Ings , gre.- and net , foV thp Immediate fu- '
Uirp , or for a. < Ions as the present period of
prnnper/ty may continue , which we hope 1
will oe Indetlnl-ely.
Setcnil Tint the decreasict cost of oper- I I
atlon of railroads , as set forth In their reports -
ports ami In the reports of the Interstate
t jmmerce commission , find the tendency to
lower the cost of transportation rnther than I
to Increase It , Is sulllclent to overcome n |
claim of the necessity for more money due ; i
to the advanced prices of articles entering
Into title innstrucdon ami nnlntenance of
railroads , and that the reasonable pros-
reels of future decreased costs of operation
of railroad properties will place railroads
In .1 Mill bettvr position financially without
any Increase In freight charges belni : made
necessary to add to their incomes.
Hurts Sinnll Dciiler.s.
Third That the theory which has re
sulted In the widening of the difference be
tween carload lots and less than carload
lots Is wrong In thnt It lessens the area of
distribution , hurts the small shipper and the
small buyer ami should not be allowed to
stand.
Fourth That the method of reclnsslfylng
dry goods is unjust in that It tends to a
discrimination and to complications , and
that If It be found necessary thus to sim
plify classification in these lines , Instead
, ot the present i-Iasslllcu-tlons itamUng. all
I j dry goous should be placed In the second
! class.
Fifth That the now schedule works nn
Injustice to the shippers In practically pro
hibiting the use of wood pulp packing boxes
by a large class of shippers to whom they
nre of great benefit and thus adds to the
burden and expense of stic-h shippers , and
therefore should not be allowed to stand.
Sixth That the rule of the new classifi
cation , which read as follow ? : "Shipments
of property combined Into packages by for
warding agents , claiming to act as ship
per ? , will only be accepted when the
names of Individual shippers and llnal con
signees , as well as the character and eon-
tents of each package , arc declared to the
receiving agents , and filch proper : } ' will
be waybllled as separate' shipments ami
frclgtit charged accordingly. " will work a
great hardship to jobbers and packing
houses as well as to small merchants and
should bo rescinded altogether .
Sclinliilc of Complaint * Filed.
F. G. Langley then filed a schedule of
complaints against "classification No. 2 , "
relative to carload and less than carload lots ,
saying that ho represented the grocery trade
and that they "dI3 not1 object to the in
crease ! of rates , providing they were made
uniform. As It was , the "loss than car
load" classification took from the Ioal
jobbing trade a heretofore profitable terri
tory.
Colonel E. P. Wilson of Cincinnati , rep
resenting the National Association of Man
ufacturers , suggested the board listen to the
complaint of Individual shippers.
A. XI. Cooper Compton , representing the
National Association of Chicago , took up
the classification as affecting the dry goods
business and endeavored to show that the
present classification would drive the piece
goods trade to the west and south and away
from the mills of New England and New
York.
Thomas Morris , representing the pork
! peckcns and provision dealers of Cincinnati ,
j endeavored to show the Injustice done to
the smaller class of packers and protested
against the classification.
Simon Stern of the Hoard of Trade and
transportation of New York City followed
with a protest. In which he declared the
present classification gave the larger ship
per undue advantages over the smaller
merchant.
J. Jones Fcrr.ly of Philadelphia , secretary
i rnd treasurer of the National Hardware as-
| sedation , thought that hardware , as It
occupied small space , should bo rated fourth
I class Instead of third class , as now exists.
! C. A. Jennings of the American Cotton
, Oil company , who represents the soap In-
| dustry of the United States , asked that tha
old classification of 1S99 be restored.
ItKVKIISU SOITH DAKOTA CASR
I.owor Courl Orilvml to Invo
Uni'iilnKN of 311 Hr H n lire Itoail.
WASHINGTON , Jan. 22. The United
States suprcoio court today decided the case
of the Chicago , Milwaukee & St. Paul Hall
way company against the rallnAl commis
sioners of the state of South Dakota ,
The case Involved the state law providing
a maximum rate for the railroads. The
circuit court of the United States for the
District of South Dakota dismissed the
hill , but today's opinion reversed this judg
ment and remanded the case with Instruc
tions to the lower court to investigate the
earnings cf the road in the state , so as to
arrive at the equities of the cose.
Justice Brewer delivered the opinion. He
referred to the perplexity of cases Involving
an Inquiry Into the reasonableness of rail
road ratea , adding that neither the findings
of the circuit court for the district of South
Dakota , in which the raso waa tried , nor
uho facts ao stated In its opinion were sufll-
j clrnt to warrant a conclusion on the point
I of reasonableness. We are also of opinion ,
, he tald. "that thq process at which the
court came to Its conclusion is not one
which can bo relied upon. It Is obvious
that the amount of gross receipts from any
hu ln f does not of Itself determine
' whether such butlncss Is profitable or not.
The grcss receipts may bo larie. ; but If
the expeiwj are larger surely the business
Is net profitable. "
; After reviewing at sonic length the metli-
. cds of the trial court In reaching Its con-
clufllon as to the railroad rates , by the personal -
sonal efforts of the judge the opinion Is ox
preyed that a preferable method Is to re
fer the testlmcny to a master.
"It Is hardly necessary. " the opinhn
added , "to observe that In view of the d'tTl- '
cultlrs and Importance of euch a case It l.s
Imperative that the .nos' competent and
i reliable master , general or ppee'a ! , shojld
ORAIM ! QRAIN-0 !
Remember that name when you want &
delicious , appetizing , nourlshlnp food drink
to take the place of coffee. Sold by all gro.
cirs and liked by all who hnve used It.
Draln-O Is made of pure grain. It aids dl-
' gestlon and strengthens the nerves. It U
nit a stimulant , but a health builder nnd
the children as well as the adults fun
drink It with ereat benefit Costs about
' 4 as much as coffee ISc and 2Sc per pack-
; ace. AiJ : yqyr groer for ; Qraln-O.
be . rlpctert. for It n not a light matter .i
Interfere with thp legislation of a utatp in
respect to the prescribing of rate * , nor .1
light matter to rermlt nurh leglilAtlim to
wreck largp property InterMtf. "
llenfp the reversal of the decree and the
remanding rf the rape with Instructions to
refer the mutter to a competent master to
report fully the facts and to proceed upon
such report as equity shall require.
The opinion crltlc'ped the court below for
Its summary disposition of thp case with
out any such Investigation of the facts ns a
cse of so much Importance demanded. The
opinion said that thp evidence before the
court showed that thp local operating ex
penses * were much greater than the general
operating expenses of the entire system nnd
that they amounted to cr exceeded S5 per
cent. It also stated that If the local oper
ating expenses wcrp SS per cent It was ob-
vIotiH that under the schedule prescribed
by the commissioners there would be noth
ing left by way of profit or reward to the
stockholders.
HIM. STANDS 1\ \V.\t OF IIIC IMM1I. .
Mertlttu : of WcMorn ( ieneral liiN t'n-
K T Audit * Mrlkrn it Snnti.
CHICAGO. Jan. 22. At th masa meeting
of general passenger agents of western and
transcontinental reads In the Western P.is-
scnger association rooms toilav It la said a
snag was struck that threatens to delay
abolishing commission payments nnd restor-
Ing all pasucnger rates to normal tariff.
President J. J. Hill of the Great Northern
and the managers of the Canadian Pacific
are said to stand In the way of the consummation -
summation of the big pooling plan of the
eastern rall-vay magnates.
General Passenger Agent Whitney of tbo
Great Northern reported that hlf < road wa < <
not prepared to vlthtlraw thp $23 tourist rote
from St. Paul to Seattle , but would consent ,
In the Interest of harmony , to make the
minimum rate to all pointy In the northwest
? 2. > . The reason assigned was that I'.IH
Great Northern cannot afford to abandon
the field to the Canadian Pacific , which
continues to make thp low rates. This wns
not uatlsfactciy to the Union Pacific and
Oregon Railway and Navigation company ,
which refuse to honor rebate tlckctp FO long
as tickets at flat rates are sold from S1. .
Paul.
Efforts are now being made to harmonize
the conflicting Interests of the Canadian Pa
cific and Great Northern.
Mnclootinu
"One of Dr. King's New Life Pills each
night for two weeks has put me In ray
'teens' again , " writes D. H. Turner of
Dompseytown. Pa. They're the best In the
world for Liver , Stomacli and Bowels.
Purely vegetable. Never gripe. Only 23c
at Kuhn & Co.'s drug store.
! COULD NOT CENSURE THE MOB
i
Count- Attorney nt Fort Scott Sny.i
Peojile Toolc Kiiforccmrnt of I.niv
Out of llnniU of Servant.- . .
FORT SCOTT , Kan. , Jan. 22. County At
torney Sheppard , addressing the court to
day regarding the lynching Saturday night
of the Meelis brothers , said the officers were
j the people's sen-ants and that the people
, had simply taken the enforcement of the
law out of their hands. He said he could
not censure them for It.
t
The 'Mocks ' were to have been sentenced
today. When their cages were called Judga
Simons said the men composing the mob
i were guilty of murder and that they had
j cast serious reflection upon the city and
county. He Instructed the sheriff to pro
tect Amos Phillips , the third ot the mur
derers , whoso life the mob alto sought.
"If It Is necessary to shoot , do so ; that
Is your duty and that Is the order of the
court. "
No action looking the arrest of any of
the mob was taken. A coroner's inquest
Into the death of the Meeks tcday rendered
a verdict of "Hanged by unknown men. "
The todies were shipped to Kansas City ,
where -tho widow of "Ed" Meeks will pro
vide decent bi'rlal.
l.culolalor Kill * Hliiinrlf.
PORTLAND. Ore. , Jnn. 22. Sidney G.
Ilawson of Arlington. Ore. , a member of
the Oregon lnslshiturc , committed suicide
today in a room at the Esmond hotel by
whootlng h'imself ' In the head. Drink and
domestic trouble are said to be the cause.
COUNT BONI DENIES STORIES
De Castellano Says Ho Never
in Stocks or Otherwise.
SPtAKS BITTERLY OF EDITOR OF FIGARO
Itulli-iillnii * Po I n < In Truth of 111 *
A * rrllitn Hint Ills Family llo-
InflnnN Arc of n l'lrn * >
nut Clmractrr.
NEW Y011K. Jan. S3.-Count Bonl do
Caslellanc and the Countess do C.iftellane ,
neo Gould , arrived In this country today on
J the steamship La Hrctngno from Havre ,
Fr icc. They went to the Waldorf-Astoria
hotel. The count was willing to talk nbout
the stories of his losses by slock speculation
and gambling. On the Do Hodays matter , he
said :
"Do Uodays ! Ho Is a well what Is Do
| [ todays ? Do Itodays Is a liar , ho Is a
i scoundrel say anything you like nbout him.
I Ho Is n what Is such n person ? Ho Is
, nothing. A nonentity. What should I care
j for him ? Oh , ho Is a liar. "
i The count evidently Old not like the
I stories that hnil been printed about him and
. his alleged losses.
| Ho was asked If he would challenge Da
i llcdays.
I "Challenge ! " ho sold with hauteur.
! "Certainly not. 1 shall not challcugo such
a man. Ho is i.ot the kind of n man to ac
cept a challenge. No , 1 shall not challenge
i him , but when I go back 1 shall slap his
j facp with a stick. If he docs not retract.
1 Sec , mcnsli'ur , I have prepared a statement
j to f.ctul to him. "
I The statement which Count do C.tstellano
j gave out In relation to Do Hodays. editor or
the Klgaio , whence comes the stories that
Count Castcllano lost several millions of
frans on the Stock exchange and In
gambling , translated , Is'as follows :
"M. do Hodays , Editor Le Figaro , Sir :
There has been communicated 'o me to
board the ship the calumny in the Paris
papers which emanated from the Figaro.
You will at once make formal denial. I
reserve the right on my return to tell you
wtat 1 think of your disloyal act. "
llrnlei Iliivlnii Cninlilpil ,
"Le Figaro , " continued the count after
hc had translated hla statement Into Eng
lish , "Is n paper bought by the highest bid
der. Why this man should have circulated
such stories , I don't know. 1 know of no
reason why such things should be published
except that we are In opposing political par
ties. The editor thought he would have a
chance while I was on the ocean to set some
lies In circulation about me.
"I never gambled In my life , " said Count
do Castellnno warmly. "I never played
cards for money or gambled In any other
form. I did noc lose money In speculation ,
and these stories arc all falsifications and as
false as they can be. There Is no truth In
them at all. "
When the question of the relationship be
tween himself and his wife waa touched
upon Count de Castcllanc said :
"Our relations are perfectly harmonious. "
Then he smiled at his wife as she Flood
by his side and she smiled at him. There
was seeming good feeling In the smiles.
With regard to their visit here , the count
and his wife said that they Intended to re
main In New York for fifteen days , th-ugh
their plans might possibly be changed. They
are hero to see the relatives and friends of
the countess.
When the count had concluded his state
ment with reference to the story of the
Figaro , the countess remarked that they had
another denial to make. It bad been re
ported , she said , that she had run away from
Paris and that her husband had followed
after her.
"Why , such stories are absurd , " she said.
"We are thehapplcut of couples. There
has never been the slightest dissension. 1
can assure you I didn't come for financial
reasons. "
The countess also said that she was glad
to get home once more.
Ciilihl-xm to Spenk nt Clilonuro.
KANSAS CITY. Jan. 22.-J. .1 , OtibblFon
of KniifHS City , Kan. , has telegraphed hH
ai'cepnnrp of an Invitation to speak nt
the annual banquet of the Marquettp rhib
In Chicago on February 12 , Lincoln's birth
day.
For Infants and Children.
The Kind You Have
vcgelablcPrcparationror As
similating iheFooclandRcguta-
ing the S tomachs and Bowels cf Bears the
Signature
Promotes Digeslion.ClEcrfuI-
nessandRcst.Contains neither of
) pmmMorphine nor Mineral.
NOT NARCOTIC.
.
Mx.Smna
Aniit Snd
Ilmrmnt -
Apcrfect Remedy forConstipa-
ion , Sour Stomach , Diarrhoea ,
\VormsConvulsionsFevcrish- \ For Over
QCSS and LOSS OF SLEEP.
Simile Signature of
Fac
Thirty Years
tXACT COPT OF WRAPPEH
! A. FAIR FACE CANNOT ATONE FOR AN
UNTIDY HOUSE. " USE
THE STOECKER FBVE CEftST CIGAR
Its well known popularity is based strictly on
morit. When you've once tried a "Stoecker" no
other cigar will over be completely satislnctory. All
dealers sell tht'in and at
Our Two Stores-1404 Douglas and 22 ! S , I6lh.
An Old Tlieory Ex-
ploded.
food not Digesled in th&
Stomacli.
Till * OtKan Out ? l'reinri' II for
Nlmllatlon tij flip luli'Mliir- . .
Until a few months ago the medical pro
fession , ns well as the public at Inrge , have
always bellc\ed that food was digested In
the stomach , but thanks to seleiiro , they arc
now enabled to follow the whole proccf * of
digestion with their own pyra from the mo
ment food enters the mouth until It Is taken
Into the system or carried off through the
bowels. Heretofore all remedies for the
cure of djspofksla have been Riven with thn
Idea of nFsi. tliiK thp stomach to digest food
and the discovery that this organ docs not
dIs u jt at all explains the cause of their
failure to cure the disease nnd Ha constant
Increase In splto of the thousand and ono
rcmodleti used. Another and equally Im
portant discovery was also made ; that thorp
are three distinct kinds of dysprpaln , two ot
which requlrn different remedies , and the
remedy for one must be exactly opposite to
that cf the other In char.iotcr. For Instance ,
nrlil dyspepsia requires nn alkaline treat
ment ; Indigestion nn ncld treatment ; those
combined and given In one done neutralize
each other , consequently cannot be given to
gether with effect. The third and most
dangerous of all ( Intestinal dyspepsia ) re
quires a germicide which must bo harmless
and yet strong enough to destroy the ba
cilli which cause the disease. Understand
ing this and knowing that they possess the
only germicide which can be tnken Inter
nally without Injury ( Hyomel ) the H. T.
Hocth company have placed on the mnrkot
a dyfpepsla cure nnd the only ono made
which treats every pluiso of the disease sep
arately. That It 1'as been a success Is
shown by the fact THAT THEY OUAIIAN-
TBK IT : SOMETHING XKVEll DONE BE-
FOHE. and agree to return the money If u
euro Is not cflectcd. Send symptoms and
receive free treatment.
Ilyotnci Dyspepsia Cure is SoUl by
sill Druggists ,
PRICE 50 CENTS.
Sienil for Free Sample.
THE R. T , BOOTH COMPANY. Ithaca. N. Y.
When others fail consult
SEARLES &
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OMAHA.
mm mil &
PRIVATE msss
OP
*
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Wa Guarantee to cure all cases curable oC
WEAK MEN SYPHILIS
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Nightly Ksilr.ilons , Lost lifanhood , Ilydrocela
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All Private Diseases
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i STRICTURE AND GLEET
1 Consultation free Call on or addreaa
DR. SEARLES & SEARLESt
119 So. nth St. OHAHA.
Fort Dodge
Local
Leaves Council
Bluffs daily except
Sunday [ beginning
' .Monday , Dec. ISthj
for Loyan , Woodbine -
_ _ , bine , Ounlnp , Diw
1 City , UtMiTson Dewlt , Wall Lake , Hock-
well C'it.v , Kort Dodge and Interim-illate
! stations , comici-ting at Fort UotlBu wlta
! local through train for Duluuiuo , Chica
go and Intennrdiate points.
City Ticket Office , Grand
; Hotel , Council Bluffs.
i V. E. Lsibbe C. I' . & T. A.
CHANGES LOIV ,
gVlc REW ,
SFC lALIST.
Trcl3 ! 1 Pc-r.-.t cl
DISEASES AND
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FVEN ! OWL.Y.
22 Yczrs Fxperljncr.
\eartln Unani
FLECTIiiriTY a n I
UKIIK.'AI , 'J reatute .
' cotiililiH-d.Varlcocclc ,
Stricture , Syphilis , Ios3ol Vigor and Vitality- .
rrnr.S 017AKANTKKD. Charces low. HOMl !
TliKVDlK.NT. liooU. Consultntlnaand Ki.am.
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trroiii IHitatct Killing iUffl.
. lwDlminesi , la. , cau o4 I > r our.
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far tale in Omaha , Neb. , by , Tas. Ken *
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Mail it |
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\VAXTKD-PuEo 01 bad health tlmt
H-I-r-A-N-B will not benefit S--nd 5 cent *
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tamolca und LOW testimonials.