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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (March 10, 1903)
TI1E OMAITA DAILT BEE: TUESDAY, MAHOIT 10, 1003.
We close Saturdays st p. m.
I I I I I' I t.l , -
Louis XIV Lace Bed Sets and
Brussels Net Lace Door Panels
Our line is wonderfully pretty, but more wonderful are the
low prices. Conie and compare.
Y. M. C. A. Building, Corner Sixteenth and Douglas Sts
M the basis of a good Joke which
be wanted to play on the parting to whom
that rather tropical letter was addressed.
Repeatedly the lawyers attempted to re
fresh Mr. Clancey's memory on certain
things Savage had said relating to this ci
gar box, but the best the former secretary
could do was barely to remember that bis
superior had caused to be written that
famous letter and Incidentally, once or
twtce, referred to such a tbtng as a cigar
box or cigars, Clanccy had almost forgot
"The governor never told me anything of
Hartley's defalcation, " aald Clanccy. "I
know of nothing that would go to make up
bis defalcations, and I don't believe the
governor does, for had he, he would have
exerted his efforts to cover them back Into
the treasury. I don't believe the governor
ever held that cigar box In his possession.
Of course he might without my knowledge,
but I don't believe so. I think the gov
ernor was Joking In the letter to Mr. Rose
water." Justice Holcomb was the last to testify.
"I began my first term In January, 1895,
as Bartley began his second and last term.
I examined his books as state treasurer
with him and his chief assistant, Mr. Bart
lett. The principal work was to verify
funds In the state depositories and the
tatus of the educational or trust fund.
There were but two banks where funds
had been deposited that failed, the Lin
coln Savings bank and a bank at Kearney.
All funds deposited were accounted for by
howlng the banks containing the money.
I found no record of any personal accounts
or loans made by Hartley to Individuals."
No Personal Notes In Ho.
The governor explained that he waa the
author of the expression, the "cigar box,"
In this relation, having originated It In a
ttatement he made In the course of his
testimony in the first Bartley trial at
Omaha, when he referred to a small re
ceptacle containing thirty, forty or fifty
lips of paper representing the funds that
were In Bartley'a custody. He thought
the receptacle was small box about like a
cigar box; but It might have been a drawer
or something else. At any rate, the Judge
testified that ha had keen, counted and
examined, every one of these slips and
knsw of the real existence, therefore, of
"A" box with slips in it. He. found there
no personal notes or other evidences of
Individual' transactions. Speaking of the
certlflcaUS of deposit which Bartley pro
duced at the beginning of hta second term,
Judge Holcomb said he was satisfied tbey
were genuine and valid. He said that but
one of the banks holding trust funds failed,
the Atkinson bank. Bartley'a own bank,
where be thought $50,000 or $60,000 was
deposited. Judge Holcomb told of reject
ing Bartley'a first bond and accepting bis
aecond, and then of the steps leading up
to the action brought by the state through
bis (Holcomb's) roraiage to tte legislature,
to recover money that Bartley was short,
ever $500,000. He seid Bartley kept stall
ing him oft wltb promises to reimburse
the treasury, but only paid back about
$40,000, and since his accusation, nothing
that he knew of.
E. Rosewater was requested to come down
from Omaha and appear. He waa present,
but after bearing these three witnesses
the committee adjourned until 8:30 Tues
day morning and asked Mr. Rosewater to
appear at that time. Bartley was not
present to testify. He was not served
with the subpoena Issued for him by the
committee and placed in the bands of Sor-geant-at-Arma
Wilts of the bouse. It is
aid be baa left the city to escape service.
Com mil tea Match Pot Out.
Bubpoenaes wer Issued for Joseph S.
Bartley and R. J. Clancey, former secretary
to former Governor 8avage. The subpoe
naea were placed in the hands of Sergeant-at-Arms
Wiltse of the house for service,
and Wiltse failed to serve the one on Bart
ley, representing to the committeemen that
he was unable to find him. Further efforts
will be made to get the '.subpoena served.
A member of the committee said today that
If Wiltse did not serve the subpoena and
did not satisfy the committee of hla In
ability 'to locate his man, he might find
himself the subject of Investigation. The
committee does not wish to endure the
odium which naturally attaches to the fail
ure of service of this subpoena.
Wiltse say he went to Bartley'a house
Friday and found that be was out of the
elty and told the committee that he bad
"The truth of the matter is." said Chair
man Knox and Representative Kennedy of
thta committee, "Wlltae himself went home
to Frontier , county Saturday mcnlng and
carried the subpoena In his pocket. He Is
In a poor position to say whether or not
Bartley baa been in Lincoln when he him
elf only got back this morning."
It Is generally believed that Bartley is In
the city. The committeemen avow the de
termination of having the subpoena served
on blm. Some of Bartley'a friends were
quoted last week as saying that the de
faulting official would have no objections to
1 An that Is human must re
trograde if it do not advance M
Olbbon's Decline and rail "
hat steadily advanced dur
ing the last three-quarters
of a century. Design,
workmanship, material, all
' are superlative, the price
He. March . 1901.
Our clearing sale of Lace Curtains
in February was a great success. We
now start anew with a fresh, clean stock
of the latest designs and novelties in
Cable Net and
appearing before the committee and Ihe
committee waa much surprised today to
learn, at the eleventh hour, from the ser-grant-at-arms,
that be had not done bis
duty In serving this subpoena.
Conservatory of Maile Scheme.
Having failed In their attempt to have
Incorporated In th general appropriation
bill the Item of $.'0,000 for the purchase of
the Conservatory of Music, building and
contents, at Eleventh and R streets, Lln
roln, to be n.ade an adjunct of the State
university, the Lancaster county delegation
are now endeavoring to have this proposi
tion embodied In a separate bill. The plan
Is to frame a bill empowering the board of
regents to borrow $50,000 in the name of
the state on their own responsibility, to be
paid back out of the proceeds of the con
servatory, after it becomes atate property.
Representative McClay of Lancaster
county, who Is on the house finance ways
and means committee,-Is the champion of
this proposition, although he has the co
operation of the remainder of his delega
tion. Apparently his co-operation ceases
there, however, for the proposition does
not seem to commend itself to any other
members of the legislature. The effort to
get the appropriation In the general bill
failed because the majority of the finance
ways and means committee was strongly
against It. Aa a matter of fact, this Item
actually was put in the appropriation bill
and came near going through, but lta dis
covery was made Just in time by the com
mittee. Asked how the Item got .u the
bill In the flrBt place, If the majority of
the committee was opposed to it, a member
of the committee said:
"It was put In there by main force. The
bill was secured and the Item written
down that's how It got there."
This property la owned by Prof. Kimball
of the university and conducted as a pri
vate concern, though nominally in conjunc
tion with the university. Prof. Kimball
pockets the proceeds, which Representa
tive McClay says amount annually to $25,
000. ' The building was erected. It Is said,
ten yean ago. Of course, the proposition
Is for the atate to get all the pianos and
other equipment for this $50,000. '
Two Statements of Case.
Representative McClay today said:
"This Is a hobby of Chancellor Andrewsi
The chancellor says Trot. Kimball realizes
$25,000 a year off this institution and thinks
it Is a shame for the state not to acquire
It. He is sure the university management
could make the property just, as profitable
from a financial standpoint aa It Is now.
It not more so and then, he considers
(hat It would be a fine thing for the Uni
versity to have as its own." . ,
One of tbe members of the finance com-
mlttee said in reference to the. matter:
"It Chancellor Andrewa la so anxious to
have the state acquire this property it
seems mighty strange he has not presented
the Idea to this committee.' He has ap
peared before our committee a number of
times since this legislature convened
and has talked of a number of proposi
tions In connection with the work and
welfare of the State university, but not
once has he ever referred. In the remotest
way, to this proposition. So, we are com
pelled to bellove that the enthusiasm of
the Lancaster county members has led tbem
to deceive themselves aa to the chancellor's
wishes. The chancellor Is not a man to
stand back and keep silent when he has
something to cay and be certainly would
have not been so reticent as this If he
was aeeklng such an Important object as
that accredited to him.
"The whole proposition Is absurd. In the
first place It looks Incredible that a man
would be willing to sell for $50,000 prop
erty off which he could realize $25,000 a
year. That strikes me and tbe rest of tbe
committee as a queer thing Indeed. And
It Is stilt queerer the teal with which the
Lancaster county men are pushing the
scheme in which no one seems to have any
Interest, except to defeat It."
Statna of Revenue Bill.
"The Boe correctly and succlntly stated
the case Sunday as to tne status of tbe rev
enue bill and the alarm of the railroads,"
said Representative Perry of Furnas toda).
"The railroads are alarmed and well tbey
may be, for their opponents, tbe members
who are endeavoring to bring about positive
revenue revision, are getting results. If
the bill was put to a vote today I feel sure
the railroads would be defeated. Tbe
amendment which I have proposed, to add
the market value of tbe capital stock to
the bonded and floating Indebtedness as
means of getting at the entire property
value of tbe railroads for the purposes of
taxation, would carry, if It could be put
to a vote, today. There are thirty repub
licans in the bouse who would vote for It,
and then, counting the twenty-two fusion
ista who voted for H. R. $30, we would
have one more than enough to defeat tbe
No question but that the railroads are
alarmed. Aa everybody knows, It bad been
definitely settled to report the revenue bill,
with Its fifty amendments, for final action
to the house tonight. A motion carried pro
viding for night meetings, beginning to
night, for the exclusive purpose of acting
on this measure, and tbe railroads bad done
their utmost to amend this motion.
Not since tbe session convened bave tbe
railroad lobbyists been as busy on tbe floor
of the house and In tbe lobblea and com
mittee rooms as they are today. Brazenly
and with no effort at concealing their op
erations they bave put In the day "seeing"
members doubtful slaters.
Tbe events of today serve to recall that
resolution which Representative Perry In
troduced early in the session, excluding
"professional lobbyists" from the floor,
lobbies and committee rooms of the house,
and tbe fact that it waa tabled and never
resurrected. Tbey also serve to revive the
arguments made by certain members, that
there was no occasion for such a resolution,
since "professional lobbyists" had not been
plying tbelr craft in these places. Aa a
matter of fact, there baa not been a day
during this session that the "professional
lobbyists" bave not been on the floor of
tbe house. Some of them, J. H. Ager, the
Burlington pas distributor and others, are
as regular and punctual In tbelr attendance
as any member and they make no shew at
disguising the fart, either, knowing tbere la
no necessity for It.
"1 don't know whether we will be able
to keep all our men In line or not," said
Mr. Perry. And the doubt certainly Is well
Backset for Railroads.
The petition from Richardson county tsx
payers to their members In tbe legislature
waa presented tonight. It will likely -e-tnove
three votes from the railroad column
and Is the first serious backset the rail
roads have had. The passage of house roll
330 or Its equivalent Is still a possibility.
Following Is the petition:
To the Honorable Charles I. Norris, It.
8. Itelcien, W. H. Hogrefe and Cess Jones,
Benator and Representatives, State House,
Whereas, The stork of on of our mer
chants la taxed for city purposes H7.tW. his
store building $fl and one of our banks
$144.50 and all other property on the same
basis, except the railroads and,
Whereas, The Atchison & Northern rail
road pays only $."H.43 and the Missouri Pa
cific rallrond $74. 5 for the same purpose
upon all of their property, consisting of
right-of-wny from 1U0 feet to 3.i feet wide,
together with three-quarter of a mile each
of main line, sidetrack, depot buildings,
stork yard, water tank, se.nnphore, lie
sides our proportion of the rolling stork
and intangible property, aggregating in our
estimation, a sum murn greater tnan tne
value returned by the State Board of
Kquallsntlon, and which by law we ore en
titled to asses wit run our limits, making
the taxes greatly disproportionate to our
liereos, Senate Hie No. 242 would give
our city. In common with all others of this
atate, the right to assess railroad property
ior municipal purposes on tne same nasi
as all other property In the city without
reducing or affecting; taxes paid by rail
road tor other purposes.
Therefore, we. the cltlsens of Falls City,
hereby respectfully request you to use all
honorsble means to hate suld measure
enacted into law.
MICKEY SENDS FIRST VETO
Inform Senate lie Approve Object ol
Bill, bat Mfiinro I
(From a Staff Correspondent.)
LINCOLN, March 9. (Special.) Gov
ernor Mickey today vetoed his first bill.
Tbe measure was S. F. 29, providing for the
payment of fees to the commissioner of
public lands and buildings. Governor
Mickey stated his objections to the bill to
be that the measure was unconstitutional
In that It provided for the payment of feea
to the commissioner, while the constitu
tion provides for payment of all fees to
the state treasurer. Ue expressed bis ap
proval of tbe Intent of the bill and sub
mitted tb draft of a bill Identical except
the provision for payment of fees.
Warner of Dakota moved that S. F. 304,
recommended by the governor, be read a
first time. This was done.
Mrs. Louise Bowser will not get the
$2,000 asked of the state for the erection
of a sod house at tbe Louisiana Purchase
exposition. The senate indefinitely post
poned the bill this afternoon.
H. R. 119, providing for tbe reports of
teachers and county superintendents, was
H. R. 167, a Joint resolution memorial
izing congress to pass a bill tor tbe elec
tion of United States senators by popular
vote, was passed.
Committees reported as follows:
S Fs. 100-101, providing for 'a grand jury
system, was recommended for Indefinite
postponement. The report was concurred
In and the bill was placed on general file.
S. F. 146, providing for the erection of
grain elevators and warehouses, was placed
on general file.
8. F. 240, defining cultivated lands, placed
on general file.
S. F. 232, Indefinitely postponed.
The senate went Into committee of tbe
whole with Brown of Keya Paba in the
chair. The committee made the following
S. F. 191, appropriating $2,000 -to Mrs.
Louise Bowser with which to pay part of
the expense of tbe erection of a sod bouse
at the Louisiana Purchase exposition, In
S. F. 68, an act defining tbe boundaries
of the state in certain cases, ordered en
grossed. S. F. 116, an act to provide for tbe estab
lishment of a publlo road to and from lands
surrounded or shut out from a road, or
S. F. 147, an act for opening and main
taining roads to bridges across streams
separating two counties, amended and or
S. F. 115, providing' for appeal bonds,
amended and ordered engrossed.
H. R. 64, providing penalty for carrying
concealed weapons, ordered engrossed.
H. R. 76, providing for stay of execution
when Judgments are rendered, ordered en
grossed. S. F. 99, providing that county judges
shall sign their names and official char
acter to all documents requiring their sig
natures. Af'er m'ich discussion O'Neill,
the lrtroducer of tbe bill, .moved that it be
passed and retain the place on general file.
DOWN TO THE REVENUE BILL
Hons Finishes Ip Routine .Early and
Adjourns Vntll Even
Ins:. (From a Rtaft Correspondent.)
LINCOLN, March 9. (Special.) The
bouse convened at 2 o'clock this afternoon
and entered at once on bills on second read
ing. Slxt)-four measures, completing tbe
list, were thus disposed of. The bouse
took a recess at 4 o'clock until 7:30, when
the revenue bill was taken up.
At the first night session of the house to
consider the revenue bill, held this even
ing, friends of the measure proved suffi
ciently numerous to prevent the adoption
of any material amendments to the first
Sections 19 and 20, providing for the
election of a county assessor and for the
appointment of deputies by the county as
sessor with the consent i of tbe board, oc
casioned the greatest debate. At the con
clusion, however, the committee voted not
to amend either section.
Section 13, enumerating property exempt
from taxation, was amended to Include
"fruit" In the list.
On motion of Sears of Burt section 14,
relating to tax liens, was amended that
taxes should be a "first" lien.
Junklns of Gopher moved to amend sec
tion It by Inserting that property should
be assessed at 25 per cent Instead of 20
per cent of Its value. This tbe committee
The bouse met at 8 o'clock and at once
went Into committee of the whole with
Oregg of Wayne In the chair.
Ersenta, No Cure, o Vay.
Your druggist will refund your money It
PAZO OINTMENT falls to cure ringworm,
tetter, old ulcers and sores, pimples and
blackheads on the face, and all skin dis
eases. (0 cents.
CLEVELAND OUT FOR GOOD
Former President Will Sever Take
Active Political Part
NEW, YORK. March 9. Former President
Orover' Cleveland denied today that be
would ever re-enter active politics. He
I am not Iti Politics. I am out for aood.
although I am alwaya ready to act In an
advisory capacity If so dralred.
As for taking any active part In politics
that la not to be coiuHreii.
MAKE A SWEEPING DENIAL
Answer is Filed to Injunction in th
NO INTENTION TO VIOLATE THE UW
Brotherhood fay It Has Not F.ven
Attempted to Pern re Employ
meat of All I nlon Men
by the Company.
ST. LOUIS, March 9. Every charge made
by the Wabash Is categorically denied by
the unions in their answer to the court
strike Injunction filed today Judge Adams
received the reply and in the forenoon will
set a date for arguments.
The motion to dissolve the Injunction,
briefly stated. Is based on the grounds that
the writ of injunction was Improvldently
granted; that charges of Illegal conspiracy
contained In the bill of complaint are un
founded and disproved; that tbere Is no
equity In the bill of complaint; that the
Injunction was Issued without notice, and
that all the material charges In the bill
are fully denied.
President Ramsey of the Wabash and the
company's counsel began to prepare their
arguments against the answer immediately
after It was filed and continued busily at
work all day and far Into the night.
The answer contained about 15,000 words.
A synopsis follows:
Answer to Injunction.
The answer as filed Is a Joint and neveral
answer of all the defendants named In the
bill of complaint and against which the
It Is a specific denial that the Wabash
railway was ever a union or brotherhood
road employing excljslvely union or broth
erhood members In Its, service, and also
denying that the Brotherhood of Hallway
Trainmen and the Brotherhood of Loco
motive Firemen, the organizations Involved
In this proceedng. ever marie any ilomnml
or attempt to compel ths Wabash railwuy
to place any restrictions upon Its employes
as to their connection with any brotherhood
It specifically denies that such organiza
tion ever participated In any wny in the
I'ullman pal ice car employes strike In 1MM,
an charged in the bill of complaint, und
admits that the Wabash Railway compny
never mde any distinction In the selection
of its employes as to whether they were
members of any brotherhood or union since
or prior to the Pullman Palace Car com
pany employes' strike of lsyt.
It specifically denies all nllegntlons In the
bill of complaint that the Wabash Rail
way company ever had any complaint from
Its employes respecting wages and rules
regulating their employment in their re
spective service since 18M, but states the
fact to be that the employes in the several
lines of service of the Wabash company
have for years had grievances and differ
ences wLth respect to the amount of wages
paid and the rules and regulations govern
ing the service of employes in their re
spective lines of employment.
Origin of Controversy.
That this controversy arises not only
from complaints of members of the respec
tive brotherhoods, but from the ranks of
the employes not members of the u-opec-t've
brotherhoods Involved In the injunc
tion proceedings, and thai, the effort on the
nart of the grievance committees and the
ofllcers of the Brotherhood of lUI'.way
Trainmen and the Brotherh;d of Loco
motive Firemen are as representatives of
over 1.2O0 of the employes of the "Wabash
Hallway company engaged as switchmen,
brakemen and firemen UDon its several lines
of railway In the United States.
Tho answer states that the several em
ployes engaged In the train service of the
Wabash Railway company have frequently
presented their grievances to the Wabash
officials for adjustment and a settlement,
and that the officers of said company have
persistently refused to take up and con
sider or discuss sjch grievances with the
several employes from time to time during
the last few years, or make any reasonable
permanent rules or regulations governing
the service of their respective employes,
and that thta continued valley on the part
of the officials of the company finally
culminated in presenting the grievances and
complaint to the several boards of the ad
justment and grievance committee of the
two labor organizational i known aa the
Brotherhood of Locomotive, .Firemen and
the Brotherhood of Railway Trainmen.
Presentation off Complaint.
The first presentation of their eomplainls
and grievances through the respective com
mittees and boards of. said organisations
waa about four months aito. and the com
mittees have been in St: Louis endeavoring
to take the matters of complaint up with
Joseph Ramsey, Jr., of the Wabash Kali
way company, and during all that period
have been granted brief Interviews only
about three different times and at each In
terview they were put oft by some alleged
excuse or other and Compelled to leave
without any satisfaction or definite under
standing as to what the officers of the road
would do with reference to each complaints.
The defendants deny that the labor or
ganizations named in the bill of complaint
have unlawfully or maliciously conspired,
combined or confederated together to forco
'the complainant to recognize such organl
ratlons as representing and controlling its
employes In ail their relations with the
complainant and deny that any demand or
any attempt has been made by nald or
ganisations to compel the Wabash railroad
Unee within the Lnlted States to becjnifc
and be operated as exclusively union ot
brotherhood, an therein alleged.
It fa denied that any attempt or dcmav.d
has ever been made by aald labor organisa
tion or any of Its officers to prevent the
Wabash from dealing with Its employes in
respect to any difference or controversy, or
from adjusting any differences or con
troversy directly with Its employes, or to in
any way compel the complainant to dis
charge, to discriminate agulnst or keep out
of Its employ any person or employes what
soever rot members of either of Bald or
ganizations, as alleged In the bill of com
plaint. No Demand la Made.
It is denied that any demand or attempt
has been made by either of the labor or
ganizations upon the WabHFh to employ ex
clusively in Its service such persons as are
members of sold organization and denies
that said organization In any way unlaw
fully or maliciously attempts to Induce or
compel the said employes of the Wabash
engaged In the operation of its trains as
flrtmen and switchmen to quit its service in
violation of any contract or agreement of
employment, or In violation of its agree
ment whatsoever existing between such em
ployes and the Wabash, or that any of the
defendants at any time or In any way un
lawfully conspired to attempt maliciously
to Interfere ylth or prevent the operation
of W'ubash trains or prevent that railroad
from ran-vlng out any of Its contracts with
shippers for the transportation of property
or In any way to prevent the complainant
from affording reasonable, proper and equal
facilities for Interchange of Iralnc between
Its railroads and other lines of railroads
It Is denied that tne oerenaants attempted
to conspire to prevent connecting lines of
rallwavs from Interchanging traffic with
and affording like facilities to the com
plainant as required by the Interstate com
merce act or the United States and as re
quired by Its alleged agreements between
the complainant company ana tne connect
ing railway lines in respect to the same, as
o Desire to Violate Law.
It Is denied that the defendants now
wish to compel the Wabash and its con
necting lines or their employes to violate
the Interstate commerce act, or any agree
ment with reference thereto, or from pre
venting tho Wabash from carrying malls
In accordance with any contracts existing
between tbe United States amf tbe com
plainant, or that they conspired to prevent
or obstruct the Wabash In the discharge of
its duty aa common carrier with respect
to the state and Interstate commerce law.
It is denied that tha Wabash will be sub
jected to a multiplicity of suits and prose
cutions resulting In Its irrcpsr-ble loss
and damage by reason of any act on the
Cart of the defendants, as alleged 111 tho
ill of complaint.
The defendants, further answering, deny
that W. U. Lee. V. H. Morrlssey, T. K.
Dodge, C. H. Wilklna or any representa
tive of the Brotherhood of Railway Train
men, and John J. Hannahan, Timothy
Shea and F. W. Arnold or any repre
sentative of the Brotherhood of locomotive
Firemen, within two yea' past prion to
the date of the filing of the bill or com
plaint, or at anv other time, unlawfully
and maliciously conspired to induce aeveral
For Appetites I
.LL WeaKor StronU f
hundred of the employes of the Wabsah
engaged In the operation of Its trains,
or any other number of said employes, to
beconu" members of said organization, as
Is alleged, but state that they hive invite.)
and requested certain and many of the
employes to become members of their re
spective organization for the purposes as
set out lr the constitution anil bylaws of
sold respective organizations and not for
any other purposes.
Request la Sot tnlawfal.
They deny that such Invitation or request
was unlawful or malicious or the result of
conspiracy to Injure the complainant or Its
employes, aa alleged In the bill of com
plaint, and deny that they, together with
K. C. White, K. It. Hecox, George W. Brad
ley, J. Pell, F. O. Phepsrd. W. K. Howe.
11. McManus and William McKay, Charles
A Lawt n, Frederick Knglehardt. H. W.
Bchafer. Charles J. Auger. C. H. Nlemyer.
A. H. Martin. J. R. Courtney and A. M.
Jordan, as employes of the Wabash, within
the last year or at any time unlawfully
combined and agreed with each other that
In case the Wabash refused to recognize
said labor organizations, as such, and as
controlling In all matters concerning the
complainant's employes and deal with them
as sjch and operate lis lines of railway
within the Untied States exclusively as
union or brotherhood roads and subject to
the control of said organizations, with a
malicious Intent to In.lure the Wabash and
Its emplocs, as alleged, and deny that
they would order and require the mploves
of the complainant to strike and quit the
complainant's service and tie up the com
plainant's lines of railroad In the United
States or enforce such strike by preventing
said employes from returning to work or
others from taking the pluees, or prevent
ing its connecting lines nnd their employes
from Interchanging traffic with complain
ant through Intimidation, fear, coercion or
other unlawful means, as Is alleged.
These defendants further deny all charges
whatsoever of unluwfjl conspiracy, com
binations, confederations or other unlawful
conniving together whatsoever or anv In
tent to do or perform any unlawful lit or
Dens- Vain Promises.
It Is denleiT that the defendants recently
or at any time reported to certain of the
Wabash employes that they would get an
Increase of wages for them, but admit that
they represented to the complainant that
many of Its employes were dissatisfied with
tho wages paid and tbe rules and regula
tions governing thi lr employment; but statj
the fact to be that at the request of many
of the WnbnBh employes thev had been en
deavoring for a long time to have such
grievances settled and adjusted with the
Wabash company nnd had conferred to
gether and agreed to present their several
grievances Jointly and Insist upon a fnlr
consideration thereof and adjustment of
same by said complainant for and In be.
half of the employes they represented, and
insisted that such settlement should be
mode for said several employes In their re
spective lines of employment as a whole
and not singly and separately, as they had
heretofore endeavored to bring about.
The defendants deny that the Wabash
cannot accede to the demands for such In
crease In the wages, Hnd the notification
of the rules and regulations governing em
ployment without vla-'atlng its contracts
with many of its employes and without
seriously Interfering with the operation of
Its different lines, and deny that such con
cessions as requested would Interfere with
the Wabash In the performance of Its duty
as common carrier or In respect to the In
terstate commerce law or in operating its
mall trains, as l alleged.
The defendants further denv thnt thev
ever maliciously threatened to order a
strike, but state that they did represent to
the Wabash that many of Its employes had
determined to withdraw from Its employ
ment unless It acceded to reasonable de
mands and requests made by the defend
ants In their behalf In the payment of
wages and changes In rules, but that if a
etrlke should occur It would be a voluntary
act on the part of the employes.
It Is further denied that any attempt was
made to induce a strike by letters or cir
culars, but If any inflammatory letters or
circulars were sent out It was not done by
any committee or officer of said labor or
ganization or by their approval or consent.
The defendants further deny that the
Wabash Is entitled to the relief praved for
or any part thereof, and now having fully
answered all the allegations and chnrges In
the bill of complaint they deny the same
and pray the same advantage as their
anewer as though they had specifically
and separately pledged or demurred to each
and every allegation or charge contained
Unions Voluntary Associations.
The defendants say the Brotherhood of
Locomotive Firemen and the Brotherhood
of Railway Trainmen are voluntary bene
ficial associations; that they were organ
ized for the purpose of uniting their mem
bers and elevating their social, moral and
Intellectual standards, and for the protec
tion of their Interests and promotion of
their general welfare. It is the aim of the
brotherhoods to cultivate a spirit of har
mony among the members upon the basis
of equity and Justice, and that the cardinal
principles are protection, charity, sobriety
and Industry. With the answer were filed
copies of constitutions, bylaws, rules and
regulations of the brotherhoods.
the defendants state that all differences
and grievances now In controversy between
tne employes ana tne waDasn were in
itiated from the ranks of the employes and
presented to the respective grievance com
mittees from time to time and were by the
grievance committee presented to the offi
cials of the Wabash railway and that they
were unauie to settle the same and were
referred to the Joint protective board,
which presented them to the president of
the Wabash road, and that he refused to
take up or give the grievances reasonable
consideration or adjust the same with the
said protective Doard.
The defendants further answer that after
each of the boards and committees of the
respective organizations had attempted to
adjust their several differences and griev
ances with the Wabash and had failed It
was, resolved and agreed between them
that they should thereafter work together
for the good of all parties whom they rep
resented. A record was kept of all pro
ceedings of the Joint committees and boards
and the transcript of this record is also
tiled aa a part of the answer.
Many letters passed between President
Ramsey and the committee having the ad
justment of grievances in charge. Copies
of these letters are filed as an exhibit. The
defendants state that during their attempts
to adjust differences with President Ramsey
it was stated by him that he received them
only as Individuals and refused to con
sider the grievances aa being represented
by representatives of said respective organ
izations and that thereupon about 1.2m) of
the employes executed a written authority
to the defendants to represent them and
secure an adjustment of grievances. When
this authcrlty was presented to President
Ramsey he refused to consider It. The de
fendants declared that they had made every
reasonable effort with the Wabash to ad
JjBt their differences. The defendants
Jointly and severally further answering the
said bill of complaint of the Wabash deny
that the said complainant Is entitled to
the relief or any part thereof as prayed
for In the said bill of complaint, and henco
pray to bo dismissed with their reasonable
costs in this behalf most wrongfully sus
tained. COLLIDING H0RSES UNSEAT
Lode Star Bolta and Throws Bo.
BAN FRANCISCO, March 9. Only one
favorite won today at Oakland, but wcll
played second choices were successful.
Lode Star, second choice In the mile and
a quarter race, bolted at tbe start and col
liding wltb Gold One unseated Boland.
The weather was tine and tbe track fair.
First race, thlrteen-slxteenths of a mile,
selling: Alarla, 1(3 (Birkenruth), 10 to 1,
won; Assessment, 106 (W. Waldo,), 6 to 1,
secind: The Miller, 1U6 (Kelly). 12 to 1,
third. Time: 1:23.
Second race, three-eighths of a mile,
maiden 2-year-olds, puree: Rowena, lb)
(Boland), even, wun; Lady Laur'e, 110
tWaterbury), 50 to 1, second; Amberlta, 104
(Kelly), 20 to 1, third. Time: 0:36.
Third race, one mile and fifty yards, sell
ing: Klfonse, lu8 (W. Waldo), 5 to 2, won;
Gulanthus, 1(4 (Carson), ft to 1. second;
Pasltlon, 1A0 (Adkins), ev;n, third. Time:
Fourth race, one mile -rnd a quarter, sell
ing: Gold One, 104 (Cn'son). 8 to 1, won;
Expedient, ll'i (Bozeman), k to 1, second;
:onnle Llstak, I o (Birkenruth), 25 to 1,
third. Time: 2:M'i.
Fifth race, one mile, selling: Jim Hale,
111 (Wsterbury). 7 to 2, won; Halnault, 07
(Bonner), 2 to 1, second; Btar Cotton, ill
(Keller), 25 to 1. third. Time: 1:43.
Sixth race, thirteenth-sixteenth of a mile,
selling: Velma Clark, lit) (Powell), to 1,
won- Flamero, V6 (Adkins), 16 to 1. second:
Tvrannus. ltD (Kelly). 8 to 1, third. Time:
jorkey Hides loor Winners.
NEW ORLEANS, March 9 Malster was
(he onlv beaten favorite today. Jockey
Fuller rodT four winners. Ed Corrlgan
bought Peat today at private sale at VM)
and later bid I-flare. winner of the last
race up to V.bV and got him.
Jockey Lliulsey. who was badly Injured
In the fall of Watklns Overton on Satur
day Is still In a serious condition.
Weathtr cloudy and rainy; track heavy.
Results: M . ,m , ,
First race, five and ooe-balf furlongs,
selling: Miss Aubrey won, Venus Vlvo
trlr second. Mutism third. Time: 1:14 3-6.
fecund race, live and one-half furlongs,
selling: .Midnight Chimes won. Miss Shan
ley second, Marlon Lynch third. Time:
Third race, seven firlorgs, selling: Lord
Neville won, Malstcr second, Mosketo third.
Time: l:.i.i 2-5
Fourth rair. seven furlongs, handicap:
Mrs. Frank Foster won, Amlgarl second,
Blue Bbiio third. Time: 1.34.
Fifth race, one mile: Birch Broom won,
KnibarTMsvment second. Welcome IJght
third. Time: 14S.
Sixth race, mile and three-eighths, sell
ing: ltlare won, Zazel second, Fonspray
third, lime: 2:56.
With the llovrlers.
On the Oate City allevs last night the
V interns won two games from the Krug
1st. 2d. Sd. Total.
IT. Reed L'bt 1S 2 "t
Ayer ins iy) us 4!H
Hodges 2o3 lft 2V Mi?
Reynolds 174 1,0 HK iii
Sellcck 1K8 133 174 4i'j
Totals 919 H2S 877 2.651
1st. 2d. Sd. Total.
Francisco Kt 12 fcirt 621
Matthal 12X 115 1X9 6"i
Bengnle 174 W9 172 615
T Krug HM 172 174 614
French 13 14tl 1.H0 60S
Totals Nil m 951 2,6&
Chess Tonrner Still Progresses.
MONTE CARLO. March In the seventh
round of the second half of the Interna
tional chees tournament today Pillebury
beat Reggto, queen s pa-n opjnlng, in 82
moves; Wolf defeated Taubenhaua, Ouloo
piano. In 27 moves; the gam" between
Schlelchter and Moroczy. French defense,
resulted In a draw after 32 moves; Mason
beat Moreau, Scotch game In 44 moves;
Tarrasch beat Alhln In (M moves: Telch
manu's game with Mlesos, queen s pawn
opening, was drawn after 48 moves, while
the game between Marco and Marshall,
Huy Lopez, was drawn after C3 moves.
Ball C'lnb foes l.e-aajne.
RPOKANK, March 8.-The Portland Base
"Hall club tiled euit against the Pacific
Northwest league In the superior court
today to compel the recognition of the
club by the league, enjoin interference and
secure an accounting. The complaint
charges that the league endeavored to har
rass the Portland club last season and
throw the pennant to Butte. It also charges
that William Goldman, Portland's repre
sentative, was excluded from the director's
meeting on December 29 and his club ex
pelled without a trial.
O'Brien Outpoints Jeffords.
PITTSBURG, March . The Pittsburg
Athletic club opened Its new clubhouse on
Spring Garden avenue Alleghany, tonight,
the main attraction being a ten-round bout
between "'Philadelphia Jack" O'Brien and
Jim Jeffords of California. O'Brien was
awarded the dclslon at the end of the
tenth round. Jeffords weighed about twenty-five
pounds more than O'Brien, and
while he did good work at close range ho
was no match for O'Brien, who outpointed
lilm in every round.
Walcott Bests Donovan.
PITTSBURG, March 9. In the ten-round
fight tonight between Joe Wolcott and
Mlko Donovan Wolcott secured the de
cision. Donovan stood his punishment
well, but was entirely outclassed by the
negro, who landed his blows when and
w-Tiere he pleased, except in the sixth and
seventh rounds, when Donovan made a
stand and kept his opponent busy avoiding
his tierce lunges. Neither man was severely
Rnhlln Knocks Everett Ont.
PHILADELPHIA. March 9. Ous Ruhlin
and "Mexican Pete" Kverett were sched
uled to go six round at the Washington
club tonight. The bout, however, lasted
but a few minutes, and was miserable
exhibition on the part of Everett. At the
beginning of the second round he received
a right hand blow on the face, dropped to
the floor and took the count.
Dohertr Tennis Champion.
MONTE CARIXD, March 9. The final
round In the singles contest for the Inter
national tennis championship and the
Monte Carlo challenge cup waa won today
by R. P. - Doherty, His opponent, P. L.
Rlsley, slipped and Injured his knee In the
first set, which he lost, 6-1. Rlsley made a
game fight and won the next set, when he
Valuable Dosj Poisoned.
COSHOCTON. O., March 9. Floyd Court
right's $1,000 pointer dog, Hawkeye, died
todav ten minutes after arriving from the
Pittsburg bench show, where It had taken
four first prizes. An autopsy Is said to
have shown that the dog was poisoned.
To Play with Milwaukee.
ST. JOHN, N. P.., March 9 John O'Neill
of this city, considered one of the best sec
ond basemen and batters In Canadian base
ball circles, has been signed to play with
Milwaukee during the coming season.
Little Liver Pills.
Must Bear SIgnatum Of
Aes Facsimile Wrapper Beless.
Very sasaU end aa easts'
is taks as swfasv
FOR TO It Pi D LIVER.
FOR SALLOW SKIN.
FOR TME COMPLEXION
li'iZ, I rarely TertaWsvi-
CURE SICK HEADACHE
FOR TOILET AND BATH
It makes the toilet something to be en.
joyed. It removes all stains and roughness,
prevents prickly beat and chafing, and
leaves the skin white, soft, healthy. In the
bath it brings a glow and exhilaration which
no common soap can equal, imparting the
vigor and life sensstion of a mild Turkish
bath. All Grocers and Druggists.
a Dm fou ot mm ft i.ni n.
Imperial Hair Regenerator
K'K 'jfH 1 ,n of'! harmleM preparation ksown
Kt -iyJ-' wolck liuuaotly restore talr ta any
wiur or Burton. I'urmoin, iwuill uid
insvAS tlx lulr rlean. soft sud iIwt.
OVK APPLICATION WI1L LAHT
MONTHS. bampU ot hair eolurm rrae.
neua iu. psayiuei. mrsoj eaaurtsL
feiperlal Chemical Co.. 1J5 W. titl t.. N. 1.
bold by Shermun & McConuell lru Co.,
Are becoming srarce. Join my Homestead
Club and increase your opportunities of
obtaining one by bflns krpt posted. I have
something good la view. Bend for my
pamphlet of homestt-ad Instruciiona and
tnatine on public land surveys. I'rlce 2j
cents silver and stamp.
C. J. lO.VEH, 1SOS lleward IM Osaann.
Mystic Workers of the World
The Popular Secretary
of a Lodge In Greenwood, Indiana,
Tells of His Cure by
Earth's Best Spring Medicine
Spring showers, warm and Rlowlns; sun
shine and bright skies cannot contribute
to the pleasure and enjoyment of the sick
and diseased to any extent. Tain, anxiety,
gloomy fears and the tbousht of death all
combine at the present time to make the
lives of such dark find ntisf table.
Arn you debilitated, nervous, sleepless,
dyspeptic, rheumatic or tormented with
neuralgia? Have you deadly kidney dis
ease? Is your liver torpid and diseased?
If so, Talne s Celery Compound will raise
you from tho fearful pit of danger. It
saved the life of Mr. J. D. Leisure of Green
wood, Ind.. after tho utter failure of medi
cal specialists. You, dear sufferer, can
command the tis of the fame heaven
blessed medicine for your weakness and 111
r.ess. it will give you what you seek for
health and new hitppine. Mr. Leisure,
secretary of Greenwood lodge No. 4.18,
Mystic Workers of the World, says:
"I used Talne's Celery Compound for
general debility, run down nervous sys
tem and an aggravated ense of Indigestion.
I had spent over J200 wlih physicians, some
of them specialists, but only obtained tem
porary relief. I also tried all patent medi
cines of any nolo which were recommended
for casee such us mine, but with no better
results than that odtalned from treatment
of physicians. The last medicine I tried was
Talne's Celery . Compound, which gave
me relief from tho very start. I have
taken nearly six bottles and am happy to
soy am now enjoying tho bent of health.
I can cat anything, sleep well, feel well,
and am gaining in weight every day. To
Paine's Celery Compound I owe my present
A sKn of beauty is a joy Tvrever.
it. J. FELIX GOLRAUD'S ORIENTAL
CREAM, OR MAGICAL BEAUTIFIEI
Rraort Tan, Pimple
Prerklf, Moth Pn hf.
Huh and Bktn Dl
mm, and 9frf
hlamlah am HttatiitV-
J 5 VI V h e Btty-B yaar..
fc.il 1 and la aa harmlfwa
wa taata It to ba
or It la proparly
tnada. Acoapt no
countarfalt of alral"
lar naraa. Dr. 1
A. Bayra aald to a
lady of tha haul
ton (a patlant) :
"Aa you Udlrt
will uaa lham. 1
racommand "OOUHACD'S CREAM" aa tha laaat
karmrul ot all tha akin praparatlona." For aala by
all arusslata and fancy sods dealars In tba Uulte.l
States and Kuropa.
FERD. T. HOPKINS, Proper.
ST Oraat Jonas St.. M. T.
Forty Sizes, 10s to boa Each.
A. SANTAELLA & CO., MAKERS
RICHARDSON JJKUCJ CO.. Distributors.
Is the worst disease on earth, yet the
easiest to cure WHEN YOU KNOW
WHAT TO DO. Many have pimples, spots
on the skin, sores In the mouth, ulcers,
falling hair, bone pains, catarrh; don't
know It Is BLOOD POISON. Send to I)H.
BHOWN. 835 Arch St., Philadelphia. Pa.,
for BROWN'S BLOOD CURK. iii.OO per
bottle; lasts one month. Bold only by
bherman & McConnell Drug Co., 16th and
Podge Bts., Omaha.
Brown's Capsules K138 IK,n g,
16th and Dodge Kts.
WED. MAT. AND NIGHT
In tbe Great Drama
Prices-Mat, 25o to 11.00; night, 25o to
Thursday night only.
O R K A T O H K"
And bis great Italian Band.
Prices-25o, 60c. 70c. and 11.00.
Friday and Saturday Matinee and Night
"THIS TCLEI'HO.VE tilRL,"
Prices-Mat, 2Bc, 60c; night, 26c, 600, Too
Matinee Thursday, Setunlay and Sam
day, 3(IB, Kvery Mbt, K1S.
HIGH CLASS VAUDEVILLE
Murphy and Nichols. Nelsnn'a Cnmlnm-s,
Morrisitey and Rich. Mason. Keeler sV Co..
Mcl.'u nd . ablll. Kronuu a lulu 1rh 1-kt-ss
Trio, the Klnodromf.
Prices 10c, 25c. 60c.
Our tabla arrvlra la new and ab
tractive. No worn out linen off
0 jatsP' 1 J an lqa ttma-blarkaned labia tllver.
' - Plankfd Whlla Flab, tor two . 11 M
1. J Italian SpethrUl. Farmaaaa
Vll Chi-eaa '.da
Jwi'l lilti So. ITIn. lire llldK.
sfl Hit Ui 1.
'J THE LOIS I IV
Our guests are our friends.
Tii.-y go and (nine egaln.
-THE OSLY OSE."
12 to 13.
h. r. Cdy,
V. W. Johnton,
Si W I
IBESTI - y I THE I
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