THE OMAHA DA1LT BEE: Fill DAY, JULY 11, 1D02.
GENERAL FREDERICK DIES
Omit Sniinais Man of Military Eeoord is
at Best
FUNERAL WILL PROBABLY BE ON SUNDAY
Fellow Mfnkiri of Loyal Leg-loa AH
to Have Char Hla History
la Tlmn of War ud
Peace.
RAILROAD TAXATION IN COURT
Full Stenographic Report of Hearing 111 Mandamus Case by Nebraska
Supreme Court Part i
After a year's Uinta General Calvin H.
Frederick tied at hie homo, (21 8outb
Eighteenth ttreet, at eight minute before
I o'clock' Thursday afternoon. Paresis,
combined with the gradual deellb of bid
ge, was the cause of the demise, which
expected. The particular attack whlrb
resulted in tba death of General Frederick
began three week ago, and be bad been
confined to hla bed during that time. Grow
ing dally weaker, he loat all coniclousneas
early In th morning and remained In that
condition till th end.'
General Frederick leave bla wife and
en, eon, Charle Frederick, who 1 In' Har
rltburg, Pa. Funeral arrangement have
not been definitely made, but the time will
b next Sunday in all probability. The
Loyal Legion, of which the deceased was a
member, will b In charge.
Revere on Mm, Frederick.
The seventy-fourth anniversary of this
old soldier's birth had but recently passed.
It being most appropriately timed for Me
morial day, tb 30th of May. Mr. Fred
erick Is 70 year of age, and th death of
her hueband after twenty-eight year of
wedded life 'la a crushing blow to ber,
though she knew It was soon to occur, and
Is bearing up a well as could be expected.
Mrs. Frederick was with the general at the
time of his death and also during the last
Interval of his consciousness. He spoke to
her Wednesday night and then lapaed ap
parently Into unconsciousness, being un
able to speak again. When ah came to
hi side Thursday morning early he evinced
signs of knowing her. but was unable to
apeak.
Relatives Are Few.
Mrs. M. C. Burnham, a nlac of Mrs.
Frederick, and ber daughter, Olive have
been living with th aged couple the past
few year and art atlll at tbe bom. Be-
alde them there la only Stuart McDear
mid, who has been there for three months
past taking rare of Mr. Frederick. The
deceased bad but few relatives and none
are expected for the funeral.
By this death Omaha lose one mora of
Its cherished military figures. ' General
Frederick wa a real soldier. He bad the
erect carriage, the commanding height, tbe .
Imposing bearing which tradition attribute
to the ideal type of military man, and he
bad more than that a record that more
than bore out his martial appearance. The
detail of Ma life a a business man, a sol
dier and again a cltlsen form a romance.
Ilia War Record,
Bora In Hamilton, Madison county. New
York, and reared in Philadelphia, ha waited
only until of aga before hastening weat. la
18151 ha reached 6t. Louis and. there started
In the hat trade, learning It In the thor
ough way. After some year ha started In
the business for himself. Thus' the civil
-war found him, but he Immediately aban
doned his private Interests for tbe army
and raised a regiment, the Ninth Missouri
volunteers. He refused to .take th
colonelcy, letting that go to a regular army
officer, and wa soon commissioned lieu
tenant colonel. H commanded the regi
ment in th campaign through Missouri,
Arkansas,- MlaaUslppI, . Alabama, -Tennesseu
and Kentucky, served at Corinth and Stone
river and wa wounded at Pea Ridge. About
this time h recruited the regiment In Illi
nois, and It wa changed at the Instance of
Governor Tate to the Fifty-ninth Illinois
volunteer.
Comaaau-l Reserve Corps.'
In ISO Colonel Frederick resigned and was
appointed lieutenant colonel of the Veteran
Reserve, corps the same year, being In com
mand of the depot camp at Washington, D.
C, and organised troop there up to Decem
ber. He later commanded the Fifth regi
ment Veteran Reserve corpa and Burnslda
bnrracks, and wa a member of the First
army corps board of Generals Casey and
Hancock tor th examination of officers.
In 18(5 and 1866 Colonel Frederick com
manded a regiment and garrison In Indiana.
and during this time was mads first brevet
colonel of volunteer and then brevet brig
adler general of volunteers for conspicuous
discipline and gallantry at th battle of Pea
Ridge. In July, 1896. the general want Into
the regular army as first lieutenant of the
Forty-fifth Infantry. . Ha was la turn brev
eted captain and major of the regular army
tor hi gallantry In th civil ,war, and then
remained with bis company at Nashville
till September, 1S6S, when be want to Louls-
IhVllle, Ky., with bis command tor a few
month..
Oaths Career Begins.
About that time Lieutenant Frederick
was transferred to the Fourteenth Infantry
and went to Fort Thompson, Dakota, r
malnlng until 1870, whan ha was transferred
to Fort Omaha. At this point begins the
general'e Omaha career. Ha resigned In
December, 1870, shortly after coming here.
and started In the hat business In this city
two mcnths later. In 1874 ha went eaat to
Elnghamton, N. Y., and returned with hi
wife, who had been Mlaa Helen Morgan of
that place, daughter of Major Auguatua Mor
gan.
8 no that time Mr. Frederick has been
constantly In business bare. Hla first home
was at Eighteenth and Farnain streets
where the Davlrigfc block now is. Later h
moved to a. Capitol avenue residence while
he built the present horn where ha ha
lived twenty years.
" Iatlmates Few, bat Dear.
For the last year General Frederick has
been unable to attend to buslnesa duties
Until' then ha waa always at th store la
business hours. He was a man of fsw In
titrates, but lovd those well. Among hli
a ossst friends wtrs Judgs Lake, Colons
Hathaway, Mayor Moorea and Hobart Wll
llama, and hla favorite paatlme of late years
with a game of cribbage with one of these.
General Frederick waa a steadfaat patron
of The Bee. . His advertisement has been
prominent In the newspaper ever since
started. In tbe first Issue he had an "ad
and it baa been carried through every da
sine that time, more than thirty years ago.
Shampooing and hairdresslng, 25c, at tb
Bather,: Slt-220 pee building, TL. 171.:
On Tuesday morning, July 8, th supreme
court convened In special session at Lin
coln to hear the showing of tha relators
and respondents In tbe matter of the ap
plication of Tb Bee Building company, of
Omaha, for a mandamus to compel th Sta'e
Board of Equalization to correct the assess
ment of the railroads of Nebraska. At th
hearing the relator was represented by
Messrs. E. W. Simersl and John D. Howe,
of Omaha, and the corelator, M. F. Har
rington, of O'Neill, appeared for himself.
Attorney Oeneral Prout appeared for the
respondents, while John N. Baldwin repre
senting th Cnion Pacific yatem; Ben T.
Whit representing the Elkhorn; James E.
Kelby. representing the Burlington system,
and Frank T. Raiaom representing the
Pullman Palace Csr ccapny, appeared as
friends of the court. Tb stenographers
report Of the proceedings of the first ses
sion of. th court, which wss largely devot
ed to a running argument as to th taking
of testimony, 1 as follows:
Chief Justice Sullivan Have you arrang
ed the order of procedure of this case of
the State against the Board ot Kquallaa
tionT Attorney General Prout I think no order
has been arranged. I understand, If tbe
court please, that the relators propose tak
ing testimony. I will state If that Is done,
that I do not know the nature of the tes
timony they Intend taking, and It may be
that the board will require time In whloh
to meet It. Tbe briefs ot the relator and
the friends of the court are all on file. I
had supposed that we would proceed on
them, but yesterday subpoenaes were served
on witnesses, and I presume th Intention
la to take testimony.
Mr. Sltneral If your honors please, the
testimony that we purpose to take, princl
pally at least, will be the record of tba
board itself, so that tha court may have
before it the aame testimony In reference
to the facts pertaining to assessment of
this property that the board had, and I
Imagine it will take but a very ahort -time
Besides, most of the testimony Is record
proof, documentary wholly. There may be
some annual reports of the various roads
offered In evidence, but they also are docu
mentary. I presume there will bs no ob
jections though. I don't suppose the roads
will object to their own annual reports be
ing put in. There will be a little hit of
oral testimony, but not very much. I don't
suppese (here will be anything that will
cause the respondents themselves to re
quest time. I can't tell though. There will
be nothing but what la cognizant to them-
elves as well as ourselves. I will state
further that all we wnnt to do Is to prove
the Issues that were made up at the time
that the amended answer was filed. Of
course, if they bad left It as In the begin-
ing, there would be no necessity perhaps
of taking this testimony, but that Is not
our fault, and we are only meeting It aa It
comes up at the present time.
Mr. Prout I am not finding any fault. I
wish to suggest, not knowing the nature ot
this testimony, that It might be necessary
for the respondent to ask time In order to
produce further proof.
Mr. Baldwin May it please the court, as
we are anting here and appearing here as
friend, and becsuse of the Interest of tha
Cnion Pacific, which I represent, I desire
o say that this proceeding Is a littls bit
peculiar. Ws had wnderstoood that tbe
matter waa to be submitted at tb time the
order was made by this court at Jts last
aiming, and opportunity wss given the
relators snd respondents to file briefs. It
la difficult, therefore, to appreciate or un
derstand the extent and scop ef th Intro
duction of evidence. The briefs have been
prepared upon th stats ot the record aa It
Is made up to this time and our briefs as
friends of the court snd those of the re
lators have been prepared and' filed. Tha
statement made by Mr. Slmeral that th
testimony would be brief is from his side,
and from his view of the caae. It might be
very Important for the respondents then to
go somewhat at length Into the evidence
from their plane of view or atandpolnt, and
that may take some time, because I would
not like to have tha caae aubmltted upon
only part of the record. It Is not because
w have any objection whatever to any of
this testimony being put in, In tbe submis
sion of this case, but the court should be
advised about It, and It may take some
time. I understand the court came back at
an Inconvenience to Itself to b here to
day, and I supposed ws would submit th
case to the court today, and conclude It,
but If this I don. It may take some time.
Ot course, it this Is to be done It ought to
be referred to a referee and evidence taken.
I merely make theee suggestions, not that
we desire to interfere or are In any way
opposed to competent evidence In this, case.
Mr. Harrington I think it 1 well to
have an understanding at the outset aa to
this testimony. The railway companies
have refused to be mad parties to this rec
ord. As I understand tbe rule, they have
no right to Interfere with tbs course ot
the trial. They are not responsible for costs
here, or entitled in any manner to control
tha proceedings, unless the sovereign pow
er of tha stats has been turned over to them
for that purpoae, but we concede their right
to file brlefa here, and we do not object, but
ao far aa the laaues that this court must
pass upon, the court must decide this be
tween tba relators hers and board ot equal
Izatlon. Those are the only parties that
must be bound by the order here. The
railways here, however, for reasons sat-
lsfactory to themselves, have declined to
bs made parties to this record, and are
not bound by it. It may be their stack
holders may subsequently went this case
settled In the federal court. Now, read
tbs original answer filed here, and - you
will find that the ease staada practically
ronfeaaed on the part of th board ot
equalisation, except as to tb laaues of law,
and It stood confessed upon the records
here that 8200,000,000 worth ot railroad
property in Nebraska had not been assessed
for taxation at all, which ws allege eon
slsted of the franchises and Intangible prop
erty of those companies. That merely rals
ed a question of law upon which counsel on
both side prepared their brief. But per
haps wltbln a week thereafter counsel rep
resenting these railway companies, Includ
Ing some ot tbe gentlemen now present,
came to the elty of Lincoln, and bad a con
ferenca In the governor's office with the
state board, and aa a result ef that con
ference aa answer was prepared than and
there upon the very day on which they con
ferred. And the state board of equalisa
tion denied it had exempted $200,000,000
worth ot property and put in issue the
question whether they had or bad not as
sessed all of tbe railroad property In thla
state, and It is for that reason that It
may bs necessary for us to take some oral
testimony here. . '
Chief Justice Sullivan I presume th Im
portant question at present Is whether the
taking of this testimony la likely to con
sume sny considerable amount of time.
What Is your Idea about It. Mr. Slmeral?
Slmeral I think we can get through with
our testimony by evening, I would say. It
we start In at a reasonable time, It not
sooner. Mr. Harrington suggests that two
hours will be all it will bs necessary for ua.
Mr. Prout Do you mean two hours for
the taking of the testimony?
Slmeral Yes, perhaps less than that.
Judge Sullivan What la the nature of
the oral testimony, If there 1 no objection
at thla time to stating It?
Slmeral There I no objection. The first
thing will be the record of th returns
before the board; that Is, ss made by the
railroads, as showing the smount of physi
cal property they have and such other re
turns as were before the board at that
time. s
Judge Sullivan I asked you to make
thla statement so counsel on the other side
may perhaps Indicate the time that they
will probably consume In meeting that Issue
ot fact
Slmeral We desire to Introduce whatever
waa before the board. Now, what that was
they know juat as well aa w . do. Then
there will be aome testimony with regard
to what the members of the board said at
the tlms tbe argument waa had before
them as to whether or not they would as
sess the franchise. Then there may be also
the testimony, or rather the records, of the
annual reports of the various road that are
In this state that have been assessed by
the board. We may also ask that "Poors'
Manual" shall be offered In evidence; It wa
produced before the board, I understand.
Then there may be another matter come
up that tt will be necessary to prove that
Is the assessment of the municipalities ot
Omaha, South Omaha and Lincoln aa they
ere assessed by city assessors snd not by
the county assessors, but I presume It Is
well known to all parties here what those
assessments are, and we may be able to
agree as to that. It Is practically conceded,
at leaBl by the B. & M road or Mr. Kelby's
brief, and there will be no dispute about
that. As to the market Value of tbe stock,
we have had that computed from the news
paper reports aa sent to the newspapers by
the Associated Press, and we hav the
newspaper her for It, If they wish to go
through them, so that will not take very
long. As I say. It Is mostly documentary.
Mr. How The only subpoenas sent out
were for two members of the Board of
Equalization.
Slmeral And one of these, that Is the
auditor, is undoubtedly the only one that
we will wish, and he will be merely for
the purpose ot proving the record of the
board.
Prout If the court please, the suggestion
that they want to Introduce the newspa
pers and their stating that w can go
through them If we desire, cauaes ma to
suggest that It may take longer than halt
SPECIAL NOTICE
NOT BE IMPOSED UPON
Unscrupulous Druggists who offer you a substitute tor
3
sin Mmm
NATLMAL LAXAT1V8 MINERAL WATBaL
Tfcere ! ssotsUaiaj "Jul aa sjaaa
CONSTIPATION
ASI for Bmnv&4l .Urw. (rati mmi aa Ma that rtm
Wa Sua mf U mmiS as B vary ksula al Ih
Tee aha aoalitv eiace at I
STION
OCT n. if jo aaipiy h for Bhnrsel I
I 0aM ku SIM Laksi van r emir.
day. Tbs further suggestion that they
desire to introduce proof of the assessments
In Omaha, South Omaha and Lincoln sug
gests this further, that the board as a
matter of fact In finding the value ot these
roads took Into consideration not only ..tbe
assessments of Omaha, South Omaha and
Lincoln, but tbs assessments of various
counties in the state, using as a basis tha
result of the action of the Board ot As
sessors In the respective counties through
out the state. The meetings of th boards
are In pursuance of the law requiring them
to meet In March before commencing their
work. The board ha in the offlc letter
from these boards. Now, we are all aware
that In the strict ssnse of th word that
Is not testimony, no more than the news
papers which they Indicate they w'lsh to
tntroduce In evidence. In order to get that
testimony, and get it In as testimony, 'It Is
going to take Some time. I simply suggest
this now that that Is one of the
things th board desires to show the as
sessments of the counties generally, that la.
the rate of assessment as agreed upon by
the assessors, and then following that up
with the assessments as actually made In
pursuance of the agreement at those meet
ings.
Harrington I am satisfied If there are
no captious objections that an hour will
taas tne testimony Be re an hour and a
half, any way. Now, as to this news
paper evidence, counsel nesd not be an
noyed by that at all. All ws want to
prove is ths market values of these stocks.
No man can assess a railroad unless he
knows what the railroads are worth per
mile. He muat ascertain the gross value
of the property. Its funded debt and tbe
value of the stocks. Of course, uadsr our
constitution, tha stock would bs worth
psr If we did not hsve anything else, but
I think we better prove It. Now, as far
as these city assessments go, all ws mean
Is this, and It Is conceded as far aa ths
Burlington Is concerned as to Omaha: Ws
propose to show simply by one witness
that ths assessment in Omaha Is 40 per
cent, and by another that the rate in Lin
coln is from 80 to 100 per cent. And we
Intend to try and have the' court ssy that
tbla Is unconstitutional.
Baldwin I want to suggest this, that
ths assessment aa already mads by ths
board and returned cannot bs reviewed
by this court unless actual fraud la shown.
That la a power delegated to this board by
the constitution and laws of ths stats, that
they exercise their discretion In a matter
ot thla kind, and I do not understand that
thla court. In a mandamus proceeding at
leaat, can review their action or control
in any way that Judgment. Aa I under
stand the proposition before the court
I thla: Can tha franchise or Intangible
property ef theae corporation be assessed
separately and apart from their tangible
property? That ia the queatlon I under
stand Is before thla court for settlement,
1 do not understand that they are to go
Into tbe question of the assessment, as al
ready mads by ths board, aa to ths tangtbls
property. It that ia true, it certainly
going to tsks a good deal mors than two
hours to Introduce thla testimony.
Judgs Sullivan You ought to know
whether the Issue ot fraud la presented.
Harrington There Is no queatlon about
it.
Baldwin I want to aay that I am hers aa
a friend ot tbs court and by ita permls
slon, and at an appropriate time tbl mat
ter will be referred to and probably be
commented spon. I deny th statement of
counsel that w declined to be Impleaded
In thla case. We have our right to be
here. W have the permission ot tbla
court to appear as Ita friend, because ot
tha interests ws represent, and it i only
fair and Juat and right. For counssl to
ststs tbey can put ia this evidence in aa
hour and a half la from their standpoint
entirely, w eoDtend and Insist that thsrs
is no issus of fraud her at all In thla
case. It Is not a question te be consid
ered in this case. I desire to say pro
fessionally to tbe court, aa Ita friend, that
It will be some time taking ths testimony
If this matter is gone Into and fairly sub
mitted, and we know your honors will see
the matter fairly submitted if it is gone
Into. So far a these records ar con
cerned, they will be offered in a ery short
time, perhaps, and I assure the court that
aa far as I am concerned there will be no
captious objections, and it is not our pur
poae to Interfere with a fair submission
of this caae to the court.
Judge Sullivan Tou allege In yonr ap
plication that the roads havs not been
assessed properly, and you add to It that
the board knew they bad not been as
sessed. Harrington Ye, sir, grossly and know
ingly. Howe W say that they grossly and
knowingly omitted to assess property val
ued at $200,000,000, though required ao to
do by the constitution and laws. The
whole Issue Is fraud.
Slmeral W think, as a matter of law,
that they have neglected to assess IJ00,
000,000 of property, and that this Writ will
Issue from that fact lone. Now. that
may be legal fraud, aa stated by the au
preme court of Illlnola In tb Oogglns
case.
Baldwin Now. la It your contention that
In order to make a ca you have to estab
lish bad faith on the part of th board, or
do you Intend to make a case by Us actual
vslue to assess?
Slmeral The actual value to assess, or
rather undervaluation, so grossly under
valued that It amounts in law to fraud.
Judge Sullivan That Is proceeaing on
the assumption that they have assessed the
franchise, but undervalued It?
Slmeral No, we do not proceed upon
that assumption at all. Now, taking their
last answer, they ssy they assessed the
property as a unit and as a going con
cern. Now, if that Includes franchise. It
Is a question of law, of course aa well as
of fact, but we claim that, as a matter of
fact, they did not have before them suffi
cient data by which they could assess the
franchise at all, or arrive at any value
of It, and therefor it waa not assessed.
Now. that is a question, not of fraud, but
of fsct. .
Ho we-We claim the right to show aotual
fraud, also legal fraud.
White As I undsrstood and read the al
ternative writ, I supposed that at the In
ception of theae proceedings It waa ths
contention of these parties that tb fran
chises ot the railroad companies bar not
been assessed separately and apart from
the tangible property, and that It was
their contention that aa a matter ot law,
the board was required to consider and
separately assess the value ot theae fran
chises. Now, when we read th alterna
tive writ through we find thsy have Ukea
another position, and that their position
Is that the railroad property In the aggre
gate haa not basn assessed high enough.
In other words, that there haa beeB an
error of Judgment on the respondente. not
that there baa been any fraud upon their
rrt Now. what do we have to bear out
this nronosltlon? Wby, these gentlemen
com up here and ay they propose to
prove what the valuatlone of these prop
ortiea era not with reference to the Irnn-
chlsss. but ths values lot the aggregate
nrnnerties. or rather the aggregate valuea
ot the properties, and thsy propose to show
tbl from the newspapers. Now, then, wa !
all know from the experience w have bad
tn tha cast, and from the hnowieage tnai
we have of these rate easee and these tax
cases, that In proving the value of rail
road properties you cannot resorx ro
item of evldenoe alone. We know there
are many elementa of evidence that must
bs taken Into consideration In ordsr to as
certain the value of railroad property.
Now, they submit in mass ""i"""
Just one Item oi eviaence, ium
the stocks and bonds, mai may
prima facie . case upon their part. Then
what has the board got to do? And what
Is the duty of the respondents In order to
nrntet themselves In regard to tnat val
uation? They havs got to go Into tha evi
dence and produce the different elements
that entered into their consideration In
firtna- the value of this property, bo your
honors can see It Is not simply a question
of fraud here, but the real Issues pre
sented by these gentlemen Is not a ques
tion of fraud, but a question ot the valua
tion of this propsrty. Now, it you ar
going Into the valuation of thia property,
tbe court can ass plainly mat me neia m
wide open for the purpose of fixing this
value. So we mention that when they
make their prima faole ease, or when they
attempt to make a prima facie case, this
board ought to be permitted, as tbe attor
ney general has said, to produce evidence
from all sources and bring before tha court
all the different elementa that enter Into
the valuation of railroad property, ana let
this court say whether or not they per
formed their duty.
Harrlnaton-rl am sure that thla writ
here charges fraud, and charges it aoun
dantlv. and theae gentleman hava had no
tics from th tart that thsy were charge
with fraud. Now. there Is no neea ot
mincing words. We charge actual fraud
and expect to prove fraud. We expect to
prove that they totally, disregarded their
duties and exerolsed gross favoritism In
assessing ths property of those transpor
tation companies. We have said wa do
not think It will take long, but this is ths
most Important case ever submitted to
this tribunal and the people who sustain
the courts, the plain taxpayers, aa well
as these transportation companies, are
entitled to have this question fully and
fairly determined If It does take a little
time to get at it. I do not think it will
take long te get at the whole matter. This
la not a rate ease, but whether It Is or
ndt, or whether we get through m two
hours or two days, this case Is of sufficient
Importance to the people of the common
wealth that they ara entitled to havs tt
heard, and fully beard, without any Idea
of a continuance or sending It te referees.
Judge Holcomb We are not probably tn
a position to devote very much time to It,
and it might be just as well to havs It
sifted through a referee as to be beard la
open court if it Is a question of getting
the evidence, and getting that phaae of tba
case disposed ot. It is possible it may be
of such magnitude that the court will not
feel justified with all the other work press
Ing upon It, to take the time to enter into
a long Inquiry here, and It seems, from ths
remarks of counsel, that tha field I open
Ing up as though there might be a vary
large amount ot testimony submitted which
of course we would necessarily have to eon
alder In arriving at a conclusion. Of course
I am only apeaklng tor myself and without
consulting with ether members of the court.
It appears to ms personally as though tbe
court may 4o away with all Ita other duties
for quits a period of time if It takes ap
this.
Mr. Howe Tills contention that a good
deal ot time may be consumed la the tak
Ing of testimony la simply a scarecrow
Ws ars confronted here by vary powerful
iateraata. and what they waat Is post'
sonemeat aad dels. New her la the great
WR.BEWWETTC0
Vll. " 1613 & HARNEY STS. w.
Bier
prerogative writ ef the state called man
damus. In this cass It concerns ths pub
lic revenue and the revenue of ninety
counties ot ths stats. Its Importance should
demand and ths naturs of the writ entitles
It to an early hearing. That Is what ths
writ Is for. Now let us examine for a
moment the grounds and probabilities ot Its
taking a great long time. All we shall put
la en our side Is simply tbe records that
the board had before tt. That should be j
brought In hers and lstd en the table and
that ought almost end that. Ths record
testimony, the railroad reports ar here;
nobody can object to those. That Is th
main body of the proof under thla great
allegation of fraud. W eannot be restrained
to a showing simply ot fraud In law,
though that is clear here It our allegation
be true and wholly Indisputable. We hava
a right here to show actual fraud by three
or four or half a doxen witnesses, prob
ably four on our side, whoss testimony will
bs very brief. Ws will put In such testi
mony as we have, be It much or little, tend
ing to aupport th allegation of fraud.
That ought not to frighten th court. Your
honor, how can they bring in testimony
upon their side to rebut, for Instance, the
record proof that will consume any large
amount of time. All we can show It what
waa before this board, presumably It Is all
tn writing. Now all of tbe testimony that
will be Introduced here Is that of three or
four persons who were present, and thoaa
ars to bs found around thla atats house.
And two or three hours what la that In a
case of this magnitude, urgent aa It Is, and
righteous as It Is.
White In reply to the last proposition
of tbe gentleman that all the testimony
that will be needed will be found before
that board. Now, as I understand this
court, you have held In the Karr case that
It la not so much a matter of tbe method
la which they arrived at their reeult, but
the result Itself, and If the result Is jus
tified under all the elrcumatances, then It
makes little difference what considerations
were received or considered by the board.
So that, notwithstanding there may not
hav been sufficient testimony before the
board, or they may have taken into con
sideration testimony that thsy ought not
to have considered, or they may have taken
into consideration or failed to take Into
consideration testimony they should have
considered, It the result that they arrived
at was a proper and just result, then the
testimony that waa considered by them
will not amount to anything before this
court. But in order to ascertain whether
that result la a jnst one, this board ought
to hav th opportunity of producing the
testimony to show It I a Just one, and not
be confined merely to tbe mature that were
developed before It.
Mr. Howe One thing I overlooked. Under
the Order that waa made with reference
to briefs, counsel have appeared and
brought In elaborate arguments. Now, in
the brief of two ot thoss gentlemen repre
ssntlng two great companies, that of the
Union Pacific and tha Burlington, they
have put In all through them statistics, and
thsy hava not made on single suggestion
that thsy needed any oral proof. Every
scintilla of tsstlmony which tbey cite, and
th statistics upon which tbey rely, are
documentary.
Mr. Prout If the court plsass, I just want
te say one word In reply to what Mr. Howe
haa aald, and that la tn rslatton to delay.
I want to disclaim any idea on ths part
ot this board of thslr having any desire
whatever to delay thla ease. They realize
the Importance of It fully aa much as do
the relators. There is not the slightest
desire on their part to delay, but th court
can readily ae from th statement made
by the counsel for the relators, as well as
others, that It la going to take consider
able time to take the testimony. As has
been suggested from the bench, that can be
beard ae easily, or more easily rather, by
referee than It can be by tbe court. So
far as we are concerned we would prefer.
If the court can devote ths tlms that Is
necessary, for the court to hear It, but that
Is a matter for the court to determine. So
far aa time Is concerned, It Is very evi
dent it Is going to take considerable time,
for these respondents deny absolutely any
Idea of fraud; they resent It, and they will
Insist, as I think they have a right to In
sist, upon an opportunity to put In proof to
show that they are not guilty ot ths gross
frauds which thess gentlemen In thslr
brlsfs and statements to ths court say they
ars guilty of.
Chief Justice Sullivan We will take
recess until 1:80 this afternoon, and in
the meantime we will determine whether
the court will hear the evidence or send the
Issue of facts to a referee.
Mr. Baldwin I want to aay for all coun
ael, friends of the court, that we do not
want any delay at all; that we are ready
to proceed this afternoon, or at any time
before a referee or the court, to the taking
of testimony at ones, and there Is no pur
pose te delay this case whatever, but we
are ready and wining to proceed aa ex
pedltloualy with thla ease aa its Impor
tance demands.
Mr. Slmeral So far as sending this case
to a referee is concerned, I do not think
this Is a matter for a referee; thla court
would aave no time. It might be merely
tbe matter ot the physical Inconvenience of
being her and hearing th testimony, but
It would certainly save no time, because tbe
testimony would have to be read again, and
iyj
Shirt
ale
S
Friday
Wilson BrOS I Colored
$1.00 and S1.25 Shirts at
Wilson BrOS. 1 Colored I
$2 and $2.25 Shirts for
Wilson BrOS. I Colored
$1.50 and $1.75 Shirts at
75c
1.50
1.00
In the whole world of good shirt makers none stand higher
than Wilson Bros. Our buyer secured an immense supply they
are unpacked and ready for sale. Enough of them to SIIIRTISE
every man in Omaha.
Attend Bennett's Big Shirt Sale
In taking It. It you send tt to a referee It
would be some time before we would get
one perhaps', and then there would be meet
ings before htm, and It would requlr a
ong time before this matter could be final
ly determined by this court, and what we
want Is a speedy determination. As has
been said by counsel, this case la of suoh
Importance that we feel we should have a
trial at once, and to the tribunal which
must ultimately determine it. And, aa sug
gested by Mr. Howe, that before a referee
there will be barrels of testimony put In
that the court will not look at tor a mo
ment.
Court here took a recess aa Indtcatsd by
Judgs Sullivan, and at ths convening ot
court in tbe afternoon announced that the
court had decided to hear the testimony Itself.
HONOR SUPREME OFFICERS
Mayflower Cards Ho. 1 of Gardeaera
Glvea Reeeptlea at Be -Balldln-
Hall.
Mayfleld garden No. 1 of the Gardeners
entertained last night in honor ef the
supreme officers ot tbe organization, giving
an elaborate reception for them at Royal
Arcanum hall in the Bee building. Some
300 persons attended and after an ex
tended literary and musical program the
floor waa cleared for dancing, while re
freshments were served In an adjoining
room. Mrs. Adams, president, and 8.
Molls, secretary, of Mayflower garden No.
1, were In charge of the affair, and every
one of the supreme officers was present.
Each of these made a brief speech. Tbey
are: Frank Rose water, supreme president;
O. P. Thompson, supreme vice president
and treasurer; B. C. Wolcott, supreme
secretary; Charles Rosewater, supreme
physician; T. Z. Magarrell, supreme organ
izer, and Charles A. Tracy, Robert W.
Dyball, E. E. Bnygg of Magnet, Neb., F.
H. Jackson and H. E. Hubermann, mem
bers of ths supreme Judiciary board.
Into a play. Aa Yetlve, queen of Graustark,
she has a splendid character study one in
which there is ample room for the display
of artistic ability. Mr. Ferris finds the part
of Oranfell Lorry quite to his hand, and al-
thjugh be lacks some Inches of the stature
ot the book hero, he falls tn nothing of tha
aggreeslvsness of that young man, who fol
lowed Miss Granenstock half way round the
world to find nhs was a princes and not a
butcher's daughter. His Inborn contempt
of regal folderol aids him much In the por
trayal of tbe character, and he makes love
eloquently, as thongh he were accustomed
to, In fact. Miss Malsle Cecil whose pat
ronymic la suggestive of Graustark or some
other out-of-the-way place, finds In Coun-
tei Dog mar, ths lady-tn-walting, a role
that suits her immensely. Others In the
lengthy csst do much to contribute to tbe
success of the piece, which wss warmly re
ceived last night.
Amusements.
At the Boyd.
Miss Harvard's own dramatization of Me
Cutcbeon's Interesting story, "Graustark,1
waa given Its first Omaha presentation to
a crowded house at the Boyd last night. In
ppeparlng the story tor the stage Miss Hay
ward has preserved as far as possible the
Incidents ot tbe book, the modifications be
ing only those absolutely necessary to ths
adaptation. In this way th Interest is
maintained tor one who haa read the tale.
whlls one who la not familiar with It doea
not get the Impression that be Is watching
merely a series of pictures from a popular
novel. Ita continuity and sequence of dla
logue and Incident Is unbroken, while tbe
main featurea ot the story are thrown Into
high relief. Miss Hayward has succeeded
that would require quite a much time a remarkably well in making over thia book
ARREST ON ROBBERY CHARGE
Detective Reels a ttt Omaha Bring:
Woman Prisoner from
rtattameath.'
Detective Heelan returned yesterday
afternoon from Plattsmouth, bringing with
him Jessie McCullough, charged with being
one of two women who stole $200 front
Robert Hall, of Falrbury, Ia., at tbe Klon
dike hotel In thla city May 21. Belle Crowl,
who is suppoaed to have been the second
woman In the caae, haa not yet been appre
hended. E. B. Grate, charged with being
an accomplice of the woman, and who left
the elty immediately after the robbery, waa
arrested hers Wednesday evening and la
now In Jail.
Hall came to Omaha to see the sights and
fell in with the Crowl and McCullough
women. Ths thrse were together at the
Klondike hotel on the night of May 31.
When Hall sobered up the next morning
tbe women and his 1200 were gone. Tbe
women were traced to Iowa and a couple of.
days ago the McCullough woman called at
the Klondike hotel and got possession of
her trunk and two gripe. These she had
sent to the Burlington station, and later
sent an expressman to take them to Coun
cil Bluffs. Ths expressman did not take
the grips. Wednesday Grate called at the
station for the grips and waa arrested.
The officers then got trace ef the trunk and
when tbe MoCullough woman called for ft
at Plattsmouth she was arrested by tba
local authorities and Detective Heelan was
sent for her. She denied tb charge against
her.
At the time Orate left the city hie mother
missed money and papera to the value of
1600 and It la thought Grate waa responsi
ble, though the officers have no direct proof
against him.
Oaiy
314.60 Dakota Hot Springs aad return.
$160 Deadwood and return.
THE NORTHWESTERN LINE.
1401-1403 Farnam St.
Ha-Ha Ha f
Have you heard
the latest saying?
It's rather spicy I
Everybody everywhere is saying it I
The mint is working over-time to
make the nickels fast enough
to keep the people saying
The best Ginger Snap
you ever tasted.
Price five cents in the
In-er-seal Package.
FaTtOHAl BiaCTIT COMPaWT.