Omaha daily bee. (Omaha [Neb.]) 187?-1922, March 20, 1903, Page 2, Image 2

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    THE OMAHA DAILY FRIDAY, M A HCH 20, 1P03.
Tel. Sli-tti.
We Clos Saturday at
8:00
Vcs tings,
. Sl.00
2S. per yard as long as they last.
COME EARLY
Y. M. C. A. Buildinc. Corner
president nf the Omaha National bank,
late bank rsanilncr from lSi'l to ISO. He
teatlflrd that he never found but one note
on which tho name of Hartley appeared ex
cept on one occasion. A note, the denomi
nation of which he could not atate, was
held la thw Omaha National bank against
Hartley. It might hare been .'..000 or
110,000, Mr. Modrow said he could not bo
sure. He thought It was not over $10,000.
He until the note ws partially secured by
a Ufa Insurance policy. Mr. MoUrrw stated
. Iial he was unable to offer the committee
any Information that would aid In Ita work.
Mlnrt on Stnerer Monday.
The committee to examine tho Stuefer
bond purchase rase will start In on Its ex
amination Monday. It has sent the ser-taaiit-at-arma
of the house on a mission to
subpoena Mr. Stuefer and aeveral other
witnesses. Representative Flshback of the
committee today said they Intended to
bend every energy to get at the facta In
I his case and have It cleared up If possible.
Ho said the committee was anxious to re
ceive all the assistance that cltlsens of tho
state could give It.
There have been In all 100 employes ap
pointed wnd elected In the house. Nine
were elected. Ily a process of addition and
subtraction the list was sifted down to
about ninety. The law prescribes not to
exceed seventy-five, Including, of course,
those appointed and elected. The speaker
said tonight there were now less than
eighty on the appulntlve list, but that this
number would be reduced. Several commit.
,ee clerks will be let out. as will also tome
proofreader artd bill clerks and possibly
page. Considerable dtsaiittsfucttou was
expressed by republican members when It
wa learned through The llee this morning
that the list of employe was so large.
It may be that some of the employe more
recently taken In will be let out or have the
pleasure of working without salary. Auditor
Weston,- when asked If the voucher for
talarle of employes In etees of the num
ber allowsd by law would bo honored by
hlro after this, (aid:
will rar.
"No. When we bar completed the In
vestigation which wa began today of this
matter and find that there are mora than
sevenLT-Bv employes on, the house pay
rolls we certainly shall not honor vouch
er tor any additional cumber. The fact
la wa have not recently cheeked over our
books with those up In the house and did
not, therefore, real lie that (her were mors
employee than there ought to ba. I krew
tn a general way that some had been let
out and did not suppeew that there were
so many on the roll. I don't suppose
titer t aay way In which any of the money
already paid out In exesaa of law could be
recovered, but the matter can be rem
edied by not paying out any mora money
uot warranted. "
t.ellallve Gossip.
Th supplementary or minority report
ct the senate telephone Investigating com
mittee place its signers. Howell and War
ner, In a peculiar position and has occa
sioned considerable, comment among the
senators. Itoth Howell and Warner signed
th full committee report, which recom
mended that th power granting the fran
chise hava the power to regulate the rate
to ba charged by telephone companies
The minority report aka that such legis
lation b enacted as will fix the rate to be
charged by telephone companion In Omaha,
thut depriving the council of that right.
Th majority of the comrilUee, Ol(ttn,
O'Neill nd Meredith, Intended to bring In
a report thla morning denying that the
deduction suade by the minority were
Justified, but concluded to allow the sen
at to Judge ot both reports.
Hall ot Uougtaa. who cast the vote that
kept Howell's rat hill from leaving the
ItUng committee, said he did so because
th bill waa a measure oppoaed tn home
rule. "Why should the legislature fix
ratea that a telephone company should
charge In Omaha." he said. "That la a
question the people of Omaha should deal
wrtth. The city council has authority to
deal with such matters and It the council
refuses to do what la right the people cau
get relief at th ballot box."
Th committee on constitutional amend
ment and federal relation has reported
t Indefinitely poatpon 8. r SSo. Thl is
a bill Introduced by Howell of lvougla.
that th legislature authorise cities to
tram charter for th government of their
municipal affairs; but such charters or
any amendment thereto shall not become
operative until they have beeu ratified by
th voter of the city or municipality la
th manner prescribed by law. rr"eut at
th committee meeting when the bill waa
reported for Indefinite postponement were
Senators Sloan aud lVmberion. Hall asked
that a decWlon b nvt arrived at until a
majority ot th commute- was 'present.
Sloan dated that It wa a regular meet lug
OIL FOR THE BODY
i
j You can't lose an atom
without feeling it. The body
is like an engine, a watch,
'a machine; must be kept in
good order to run right.
That's the reason Scott's
Emulsion is so successful in
all wasting diseases. It feeds,
nourishes and strengthens
jwher. ordinary food won't
Doctors say Scott's Emul
sion is the best nourishment
for those who are not as well
as they should be young or -old.
Wstl 4 ea avails tw taaasat
I SCO If fcC .- rt un. Haw Vasfc,
p. tn. .
Bee, Mar. 19. 1903.
Special Sale
Friday
a. m
niorning at
Mercerized
75c,
85c and
values at
Sixteenth and Douglas St
of the committee and that It wa the fault
pf tho committee member that they were
not nresent. as the meeting had boen an-
iMvuuced
FIGHT ON LANDLORDS BILL
si.aanra lilvlna Landowner First
Men on t'rona Orilere4
Knaroasril.
(From a Staff Correspondent.)
LINCOLN. March 19. (Special.) Tho
fight In the eenate thl morning w the
landlord Hen bill Introduced by Umstead
of Nance by request. After much discus
sion the bill w ordered engroesed for a
third reading, with th amendment offered
by the commute. The ectlon over which
the fight occurred and which wa ordered
engrossed ls-as follows:
Section 1. A landlord shall have a first
Hen for Ills rent upon, one-half the crops
urown mum the demised premise from
the planting of said crops, until one year
arter the term of the lease expires, or
until the rent is paid, by tiling In th olllce
of the county clerk, as chattel moitgHKca
are tiled a notice that such lien Is cltiimod,
and stating the amount thereof and when
due. Snid lien may l enforced by fore
closure In the wi tne maimer as chattel
mortgage" are foreclosed, at any time after
said rvnt or any prt thereof Is due.
Itrady ot Roone said the bill provided
that tho landlord would have a llrst lien
on all th crop and It would prevent the
tenant from selling a bushel of grain or
anything else without an order from the
landlord. He said It would prevent the
grocer or any merchant from collecting
any debt against the tenant until the land'
lord waa satisfied.
Hasty ot Furnas said the bill wa selfish
legislation and It would work a hardship
on all the west portion of the state.
Speeches In favor of the bill were made
by Wall, Warner, Alden, 1'iustead, Hall at
Hurt and Harrison.
. Uriy of Roone made an attempt this
afternouu to bring forth his. elevator bill
from the judiciary rommlltce and lost. Tho
committee waa Instructed by the senate to
report the bill back Inst Tuesday. That
evening Chairman Hall ot Douglas .asked
tor on mor aay ana tnt wa granted cjr
uraay. mis arternoon Jiraay otlerea a
motion requiring the committee to Tepdrt
tn cm forthwith.
Beghtol offered an amendment- that th
commute be granted one mora., wek
Thl waa 'lost by the - following vol:
Nay. Anderson.. Brady, Coffey, Cog, Fries
Hall of Hurt. Hastings. Haaty, Jennings,
Marshall Meredith O'Neill, Reynold
Saunder. Sheldon, Sloan, I'mstead, War
ner, Way, Young.
lea Alden. Deghtol. Brown. Day.
Gimn; Hall of Douglas. Harrison, Hedge,
.vorris. remberton, Wall.
Harrison than moved to table Brady'
motion. Thl carried. Inasmuch aa th
bouse baa recommended tor passage the
Ramsey elevator bill. It Is thought by the
rriemta or the Brady bill that the aenat
111 endeavor to substitute th Ramaev
bill for It. Soma ot the friend of th
enate file believe the Itamaey bill uncon
stitutional and for that reason- the ele
vator men and the railroads are tor It.
"leant Roatlae.
The senate again got down to business at
9 o'clock. Stauding committee reported
for general file S. F. S1J and S. F. 63. The
former la an act providing for the filing
of reporta of tnsuranc companies with the
state auditor before they are allowed to do
Business lc the state. 8. F. (S Is an act
granting additional power to fraternal ben
eflclary societies. The bill waa Introduced
at the request of the Ancient Order of
I'nlted Workmen lodge.
The committee of the whole, with Harri
son or Halt In the chair, ordered the fol
lowing engrossed for a third reading:
S. F. 170, naming number ot employe to
be employed by the senate and house.
S. F. 43. the local land lien bill.
S. F. 60, providing for the purchase of
cemeterle by town.
P. F. 7. provldiug for the verification ol
pleadings.
S. F. IIS, relating to divorce.
S. F. 15, an act providing for th digging
pf ditches to drain land.
S. F. 1(4. the compulsory school attend
ance act. .
At 145 the aenat took a recess until S
o'clock.
several Mil from tn nous wer read a
first time and II. R. tit wa put on Ita
third reading. This 1 the Gilbert primary
election Mil. which provides that at all
primaries the Election board shall have
authority to ouupol the voter to swear
whether he haa gcuerally supported the
ticket cf the party holding the primary
at th preceding election. Tfose'who voted
against the bill wer Brady and Coflfey.
O'Neill, who made such a ftf-nt against the
bill "yesterday, voted fr IU The M'l paased
by JO to J. lVan of Phelps being absent.
S. F. 178. defining desertion by husband
or wife and provldiug penalties, was placed
on general file, with amendment.
Harrison of Hall gave notice that Satur
day cr Monday a call would likely be BnUe
to pas H. K S7 aad H K. JJO to a third
reading without going through the com
mittee of the whole. The former relates to
charter ot cities of T.iHV) and th latter I
the Omaha charter bill.
The senat weut Inla committee of the
whole with Hall ot PougUs la th rhatr
! and made the following disposition of bill.
j 8. r'. lii. providing for the establish
I mettl ef a military rtvle tor Nebraska and
orc4nUtlon of the militia to conform with
t
the act ot the Vailed State coi.grvs. Th
salary ot th adjutant general waa In
creased to H.POO and tb salary of the as
sistant adjutant general was tied at fl.roo:
tb quartermaster sergeant at I i! and th
stinographer at TM. The bill was crderM
eusrvssvd
Brady ot Boone ottered thl motion: "I
mot that the judtctary rvaitutttee be re
iueid to report S. F. 101 forthwith, as pr
Instructions when th Mil wa re-conimlt-ted"
1111 of IVug'? explained that the com -uiUtee
had breo itnsM te have a meeting.
Brady sM the c.-.uii-e was Instruct t
te report back b Tt..-.J. '"Pie committee
has not reported. I was :kc! to grant
th cvuiuuw u outre dj that was
don, now In Justice to th friends of th
measure It should be reported hark."
(51 mn explained that thi senate wan la
favor of a, Mil that would help the termers
aa well aa Hrady was and that this thing
should not ho hurried.
Harrison said (hero was no occasion to
order up a Mil and that no one had a right
to rrflert on any committee.
Ttoghtol offered an amendment to give
the committee one more week. Motion lost
on roll call by 13 to 12.
Harrison moved that motion of Brady
be tallied. This was carried amid tho
Jeer of the opposition to the Mil.
TAKE UP APPROPRIATIONS
llnaae g-tarta In tjr Itataln; a Mnmhpr
ol Salaries In the Mate
llnnae.
(From a Stuff Correspondent.)
LINCOLN. Marrh 10. (Special.)
-The
house began operations this morning by
concurring In senate amendments to H. R.
49. by Krederlrh of Cuss, requiring due ad
vert Isument of school board meetings bo-
fore tho board can vote bonds.
These bills were passed:
H. It. 440, by House of Hall, appropriating
H.lCt from the penitentiary fund to aid In
the construction of tho addition to the state
penitentiary.
H. K. 104. by Junkin of Gosper, providing
for a department In ono of the state in-
sane hospitals for the treatment of dlpso
maniacs. Inebriate and those addicted to
excessive use or i quors and drugs
R- hy Np'"u of DnuRlns, providing
ror unirorm proceedings on appeals to tho
(llBtrict COUrt.
. 21- I? Nelson of Douglas, providing
a unirorm bond in appeals to tho district
court.
It. R. ir7. by Terry of Furnas, curative,
relating to fees of county court onVer.
8. F. H7. by Sheldon of Cass, providing j
for opening-, maintaining and vacating j
county rendu; emergency clause. -
S. F. 117, for a Joint resolution memor
ializing congress to approve tho Ptolrlch
land leaslug bill.
A emmet hv r ha Knnimlttiin rn nrnnnnts
and expenditures was adopted, allowing
bills, ono of which was :.5 for th speak-
er's chair; another, $445.07. for desks,
chair.- files, etc., the whole !ootlng up
l,63o.06.
At this afternoon' session the house
went Into committee of the whole to con
sider appropriation bills aB special order
until they aro completed. Rouse of Hall
mad tho motion which led to thla action.
Before proceeding with these bills the
committee took up two senate amendment
to the salaries appropriation bill, on to
repeal tho lw fixing the' deputy secre
tary ot state's and the governor's private
secretary's salaries at $1,500 a year, leav
ing It to tho legtslaturo to fix these sal
aries by appropriation.
Sweexy of Adams and Loo nils of Dodge
took decisive stands against this method,
arguing that the legislature should fix a
definite salary for each of these officers.
It was brought out that for twenty years
these omctals had been receiving salaries
by legislative appropriations In excess of
the statutory limitation.
S. F. 117 proposing the repeal of the
old territorial law providing that the deputy
treasurer shall receive no. salary "from tne
territory."
Loom la offered an amendment to the
salarlfa bill fixing the deputy's aalary at
I1.S00. the amount previous legislature
hate been appropriating. Th amendment
waa carried.
a separate amendment. S. F. tlS. pro-
T,iej for the repeal of the law fixing the
salary of the governor's private secretary
at 11.500. Looml rroposea an amendment
makttik thl- ll.00.' aad Meea of JdJuisou
. . 1 . I, 1 AAA T. V.
senv up an. niueiuiiueni. juaam i. u.vw. iuo
Rbed amoodnipnt carried. Oo motion pf
Looml th bill a amended wis recom-
mended for passng?. -.
S, F. 216 was amended on motion of
Loomla. giving the deputy eecretaiy of
tate 11.700 a year.
H. R. 374. the salarle appropriation bill,
was then taken up section by section. Sear
moved to amend It by giving the adjutant
general $1,800 Instead of l.3;.0. Ten Eyck
Douelae championed the amendment.
Many other member put themselves on re
-i ihi. i,i nf the nuestlon. The
amendment carried.
Amendments by Cropsey of Jefferson
..i.,,,..m rnlKlnv the secretary nf !h
atate banking board from $1,500 to $3,000
a year and hi chief clerk from $1,000 to
$1,500.
Wilson of Tawnee, chairman of the
finance, waya and means committee, ot
tered an amendment appropriating an an
nual salary of $S40 for the secretary of the
fish commission, not now provided for. The
amendment carried.
Tb amendments offered some days ago
adding an assistant librarian of the u-
prera court -t . $S00 a year and a coptity
at $1,800, a deputy ' clerk at $l.S00 and
three assistant clerk at ' $i0) each were
adopted. Likewise the amendment to raise
the salary of the steward of tho Lincoln
hospital for Insane from $l.:oo to $1,600 a
year carried.
The house at 5:10 adjourned until 9
o'clock teraorrow morning.
CUBAN TREATY RATIFIED
(Continued from First Tage.)
to meet at such time and place, or places.
as the chairman may designate.
Mr. Morgan Introduced a resolution which
recites that It Is the duty of the I'nlted
States to take such action as will abolish
the abuses of the power of 'taxation; that
there should be free trade N't ween the
I'nlted States And the Insular possesions,
that the Interest-bearing debt ot the coun
try should be extinguished: that corpora
tions employed for the purpose of monopoly
are subject to the control of ror.gress, and
that congress should make vigorous uce of
such vowere.
A Had Tast la th Month.
It 1 anything but pleasant to awak
with a had us:? tn the mouth. This
always arises from a disordered stomach
and may ty corrected by taking a dose ot
Chamberlain' Stomach and Liver Tablets
Immediately t;or (upper. They cleanse
and Invigorate the stomach. Improve the
digestion and give ono a rlisa tor hla
food. They are easy to take and pleasant
In effect.
To Tax Heal Kami Mortgages.
AU1ANY, N. T.. March 1J -The mort
gage bill. Imposing a tax ef mills on all
real riit mortgages, waa Introduced ln
lxih hMU.- of th legislature today.
The bill provld f-r tation at the rat
of 4 ntlls per annum of all mortgages
rttrg up-on real estate, whether the prop
erty is :tuaisl wiihtn the stale of New
York, except l'nl:el it:e loan mcrvge.
mortgage owned by the I'nlled St Mrs. or
lv a criortton. or also organised exclu
sively for charitable, religious or educa
tional puilHMea.
tvrk Central Itlvldead.
NKW TOKK. March -Tti New York
Central rul'road has declared the regular
Muan'rly duourud of per ceut va its
capital stock.
is a sure resource
if
mm
tsi .i 9
LEGAL PHASE IS DISCUSSED
Court Listeis to Arguments to tb. Wabash
Injunction Caio.
RIGHT OF THE MCN TO QUIT WORK
Attorney for Railroad Company Kay
They Mn- trlk It Not Coerced
or If They Do Not Vio
late Contract.
ST. LOl'lS, March 19. Colonel Ulodgctt
resumed his argument In behalf of the
rompany when the hearing In tho Wabash
case was resumed this morning.
He read extracts from the constitution of
tho Brotherhood of Locomotive Firemen, to
provo his contention that there wero no
grievances entertained . by the employes
against the ro.td. Inasmuch a the brother
hood, according to his oontentlon. had not
proceeded In accordance. with it own law.
Its failure to do so. he claimed, showed
conclusively that ther wera no grievances
to l redressed. He claimed further proof
or this In his stotemnnt that tho grievance
committee had never taken up any griev
ance. Tho whole thing lay, he declared.
In the recognition nf the unlnn. and
failing of this, the defendant had con
spired to Induce the employe to stop work,
and otherwise Injur the road.
Taking up tho affidavits submitted by tho
noromiants In which It was claimed that
the Wabash road hud not kept good faith
with its men. Cnlnnni r.i.,.. Vi..i...i .h,
Ihrr hurl hAAf, t. v... aw-
men In which a promise made bv President
Ramsay or any other official of the mad
had not been kept in spirit and letter.
Perversion ot the Fact.
The denial of the officials of the two
brotherhoods that any coercion had been
employed to induce the men to leave the
Wabash road was, th speaker declared, not
founded upon fact. There are. he t.t.l
benefit fund In both organixatlons to which
the men pay monthly dues. There Is tn tho
" "m organisations, he said, a rulo
pro' ldln" ,hat tf nr member declined to
irise wnen an order waa issued hv the
officers, he should forfeit his membership
and pecuniary tenvflta n,i ..nnn i
under the fear of losing these was, he de-
.-lareu, nairny coercion
He was followed by C. V. Travon. mfc
also spoke in behalf of the railroad.
Concede Riaht to Strike.
Mr. Travous conceded that employe bad
right to combine and a right to strike.
provided that such action was voluntary on
the part of all concerned, was not a breach
of contract and was for a lawful purpose,
but declnred In the present Instance all of
these elements were absent.
Over one-third of the men. aoeordln tn
the statements of the defendants, were op
posed to a strike, a strike would be tn vio
lation of contract and It was. he said, an
unlawful conspiracy against the road.
In Conclusion ho recited the ob
ligation Imposed upon railroads hv th
interstate commerce law. a federal statute
end urged that Inasmuch as railroads were
compelled to accept and carry freight, no
matter by whom offered, and were obliged
to offer equal facilities 'to all connecting
lines, It waa their right to have federal pro-
iccuon in carrying out the provisions of
the federal law.
Jndaon Answer for Brotherhood.
At th conclusion nf Mr. Travous' argu-
went Attorney F. N. Judson rose to make
me opening argument for the defendanta
Mr. Judaon said that th attorney for th
rauroaa naaaeciard that the Intunetlon
did not prevent any man from leavlna- the
I aninlnv . f ft, T1'V.-W I .
i -. ntuiwi aiiroaa. : ,
iie .ra tnat portion qt. th Injunction
which prohibits Jh oSlccra of the union
from pereuadlng or coercing th employe
me n aoaso, railroad to leave Its service,
QB r,nl rejiign. he declared. 1 the
chlef that labor has, but under the
wording of the Injunction the officer pt th
labor organixatlons are prohibited from ln-
inuatlng or suggesting io an employ of
ln waDasn that be could better his condl-
tlon br quitting work, and this, he said
wss an interference with the right of men
to stop work when they choose.
There waa. he said, no attempt on the
rart of the two brotherhoods to discrim
inate between nonunion men, and such
conduct was foreign to the oollcv of th
railroad organixatlons.
He quoted numerous legal decisions to
prove Ahat the employes of the Wabash
h.vve a perfect right to combine, or leave
its service, or to allow an organisation or
other men to act for them. No authorities
had been cited by the plaintiff to prove the
contrary.
"The charge of conspiracy brought
against these defendants." said Mr. Jud
son, "consists, only ln the demand of the
men that they be represented by a com
mittee ln their negotiations with the com
pany. What they most dslre I the recog
nition of their committee."
After discussing - this point at length,
counsel took up the statement advanced by
the attorneys for the railroad that the com
pany pays as good wsges In all Instances
and ln some cases better, than are paid by
Ita competitors. There were physical mod
ifications of the . Wabash schedule which
entered Into the proposition., the attorney
contended, such as length ot runs aud hours
cf employment, which went to disprove the
claim.
Declare Grievance Exist.
The question of grievances was touched
upon briefly and Mr. Judton was passing
to other matters when he wa Interrupted.
"You will recollect." said Judge Ad
ams, "that in the blli of complaint It waa
set forth that there were no grievances,
but that false statements were made by the
committee to the effect that such griev
ances did exist and that these statements
were made for the purpose of securing rec
ognition ot the union. Are you going to
allow that matter to rest where It is
"I am about to dlarass It further." said
Mr. Judson. and he dig to at considerable
length.
"There Is no eridence," continued coun
set ln closing this part ? his argument.
that the grievances originated with the
grievance committee aad not with the men
themselves, but I declare that tf the griev
ance committee felt inclined to urge em
ploye ot the Wabaah to ask belter wage
they had a right to da so.
"A paper haa been read here," broke In
Judge Adams, "purporting to be a state
ment ot the men anthorixing this commit
tee to act for It In negotiations with the
road. 1 want to see that paper.
It waa handed up aad the judge, after
reading It through, male copious notes.
Mr. Judson then took up the affidavits
alleging a disposition on bemslf of the de
fendats to tie up the Gould roads, tf their
demands were not granted by the Wabash.
"No such thing wt said." he declared,
"and no such thing was contemplated. Th
sympathetic atrlk U not sanctioned by
these, brotherhoods, and there could not
have been a conspiracy to tie up the other
ruads. The history ot thee organisations
is almost barren of strikes.
Judge Adam again Interrupted to ask
for Information which be required and then
adjourned court.
Fnr a auk Mark.
The muscle of the back mxy be very
much strengthened and all pain and sore
ness removed by spplymg Chamberlain
I "sin Balm and having the parts .rubNeJ
vigorously for liilc .'. at . lpli
oauoo.
SALES OF SOUTHERN PACIFIC
toallaae Sensation on Kifksnt-
Itloeka tor Fntore Delivery
rlllng I'nder Market.
NKW YORK, March 19. Southern Pacific
was the center of Interest In today' stock
market, although surface Indications dur
ing the early session gave little promise
of a resumption of yesterday's late ad
vance. The stock opened with moderately
small offerings at a maximum decline of l't,
but soon recovered and sold up to 6SV4c
The movement was decidedly Irregular
snd at the end of the first hour the price
dropped to Bfi'e. A few sale at "seller
thirty days" were recorded at a time when
the regular price was lc to ltc above that
figure.
Transactions were comparatively small In
volume, though several 1,000 share lots
changed hands, while offerings of 500 shares
were quite common.
At the end ot the first hour Southern Pa
cific was selling fractionally under 67, and
the balance ot the list was dull.
The director of the Southern rarlfic held
their regular weekly meeting today, but
transacted only routine business. No Oate
for cloning the stock books for the annual
meeting has yet been announced.
MERGER IS DEFENDED
(Continued from First Page.)
oral, if he considered such combinations
to be infrartlono ot law, would shut hts
ryes to those doing business at tho capital
of the nation, and should como halt way
across the continent tn search of a viola
tion of the act.
Judge Young concluded at 3:20 and the
remaining hour was occupied by M. D.
Grover ln further defense.
After reviewing tbo premises ln tho case
Mr. Grover gave a geographical sketch of
the location of the Great Northern and
Northern Pacific lines and declared that
the markets available to those lines were
meager as compared to the 120 lines east
ot tho Mississippi, and that It was neces
sary for them to put the only thing to sell,
that Is, their transportation, at such rates
that the country would be populated and
the market revenues extended.
He denied the purchase ot the Burlington
enabled people ln the central portion of
the country to ship their good to the
Orient In competition with shippers from
New Orleans by water.
To secure voluminous traffic low rates
ct transportation hsd to be maintained of
the -rates of combination ot railroad sys
tems. At 4:30 court adjourned.
Harrlmnn Intereata Sell Oat.
During the evening It was agreed, In or
der to expedite the hearing, that a brief
prepared by Daniel Wlllcox and signed by
him and by Francis Lynde Stetson In be
halt of J. rterpont Morgan, Robert Bacon
and Daniel S. Lamont, should be taken as
read. Copies of It were thereupon dls
trlbuted to all parties interested.
The brief sots forth that during the re
organisation of the Northern Tactile J. P.
Morgan V Co. acted as reorganisation man
ager, and has ever since been the fiscal
agent ot the company. The firm has ac
rordingly at all times desired to further
tho best Interests of the company and cspe
flatly to aid In steadily developing its bus
Iness. Th firm considered that these re
ults were accomplished by the policy of
he company during the existence ot the
voting truat.
Not long after the termination of the vot
ing trust, however, the firm became aware
that unusually large purchases of tto?k ot
the company were being made on the Stock
exchange, apparently In a single Interest.
The firm waa apprehensive that these pur
chases were for the purpose ot securing
control of the Northern Pacific and tor
some ulterior purpose of which the firm
was not informed. Accordingly the firm,
prior t6 May 7, 1901, puchased common
tock ot the Northern Pacific ln consid
erable amounts, and their holdings upon
that day amounted to about 200.000 shares
For some years J. J. Hill and others, who
were Interested In the Great Northern, con
templated forming a corporation to pur
chase their separate interests and hold to
gether, and so insure a continuance ot their
policy In the management of the road.
About August, 1901, as this plan was ap
proaching maturity, they determined also
to sell to the new company their interests
ln the Northern Pacific, and that the cap
ital ot the new company should be made
ufficlcntly large to enable it to purchase
all the shares ot the Great Northern and
Northern Pacific which the new company
might derm it advisable to acquire.
By this time It had become known that
the purchases of Northern Pacific shares In
May had been made on behalf ot the Ore
gon Short Line, controlled by the I'nlon
Pacific, which Interest held about $41,000,000
of preferred stock, which, how-er. wxs to
be retired on January 1, 1902, and $37,000,-
000 ot common atock, together making
80,000 shares, and constituting a majority
of the capital of the Northern Pacific.
Thereupon, for the purpose of protecting
he Northern Pacific against the possible
control and direction ot the company In an
adverse interest, defendants determined to
sell their Northern Pacific slock to the new
company.
Tha Northern Securities company was ac
cordingly organiied.
It having become known that the Oregon
Short Line wu not disinclined to sell Its
holdings upon satisfactory terms. J. P. Mor
gan A Co. purchased all ita holdings of
Northern Pacific stock, agreeing to pay
partly ln cash and partly in shares of the
new company.
After its organisation the Northern Se
curities company purchased all the shares
of the Northern Pacific and cf the Great
Northern hereinbefore mentioned, includ
ing those purchased by the firm of J. P.
Morgan t Co. It also was willing to pur.
chas the shares of any other shareholder
ot the Great Northern company who desired
to sell the same for the price of J1S0 for
each share ot the Great Northern company.
payable tn its own shsres. and did actually
purchase and pay for considerable amounts
of said stock at such price.
It is submitted that this action must tail
because the transactions were lawful, and
It the atatute applied to them it would be
unconstitutional because It would deprive
the Securltlea company of the right to pur
chase property and the stockholders of tho
railway companies of the right both to til
their own chare aad o acquire an Interest
ln the shares ot other.
Steabaard Prealdaal Bnnsasoaed.
RICHMOND. Va-. March l.-John Skel
ton William, president of the Seaboard
Air Line, haa been summoned to appear be
fore th I'nlted State Interstate Commtrs
commission at New York Friday week and
testify ln th proceedings of the Kentucky
Railroad commission against th Atlantic
Coast Lin and ether.
to rtHE a roLo :a utg nir
Take Laiatlve Bromo Quinine Tablet All
druggist refund th money it 1; feits to
cur. E. W. Grove's signature ou each
hos ttc
Haer Raid PaalatBr.
JOIJET. ni.. March ll-The pot office at
Wilmington, a few miles south of Joliet.
wa raided by robbers early tcMtay. The
safe was blown open and the Interior of the
omca reckd. I'ver I' lu stamps and
money and some tuaii was taken. The r b
bera escaivd. alth.oi.gh purje.l by a p.e
of citiMua, ah .! aJea4 !' Uis va
.oa'oo. . .
MENACE UNION ORGANIZERS
Florida Men Threaten to Kill Officer Com
bining Cigar Makers.
COLORADO SMELTER SHUTS DOWN
Manaaemeut Clnlnia l.ahor Tronhte
Have lirnna so Heavy That It
la llent to Permanently Sna
lirml Operations.
WASHINGTON. March 19. Samuel Gomp
ers, president of the American Federation
of Labor, sent tho following telegram to
the chief ot police, Tnmpa. Kl.:
lit thf iHime or orgiinlr.ed labor ns well as
eveiv llbertv-lovlng citizen. 1 demand full
protection to our organiser. Jamoa Wool
and James A. Roberta, and other whose
lives bavo been threatened. Thee men 1
know to ly liw-ablding cltlxeus who would
not be guilty of an unlawful act. I .icy
l.uvo a rluht tn nriiinise workingnien nmt.
If necessarv in defence ot ihelr rights, to
strike for the enforcement of them. If no
other menu .if redress ln afforded.
Th kl.limntiisi and making awuy with n
number o( Tampa's workmen less than two
years ago warrants belief that the present
threat is) eerious aim eiiinn.c ......
capitalistic organised ,,,,
This telegram was sent by Mr. Gompers
on receipt of statements from the organ
isers mentioned thnt letter signed com
mittee of Tampa and Surrounding Country,"
and threatening them with death unless
they left Tampa, had been received by
them. Similar letters were received by the
officers of the Cigar Makers' union.
Itedortlon Work are Closed.
COLORADO SPRINGS, Colo., March 19.
The tvoops broke camp today under orders
from Governor Pcabody and returned home
and Sheriff Gilbert posted ten deputies st
the Standard mill, where the strike la still
In progress.
GOLDEN, Colo., March 19. The smelter
here operated by the Clear Creek Mining
and Reduction company has been shut
down permanently. The superintendent
says this action Is In consequence of trouble
with the labr unions.
As a result ot the shutdown several of
the large mines, around Empire and ln
Clear Creek, county have been forced to
suspend.
Support Kansas Machinist.
PITTSBVRG. Kan.. March 19. The men
lu the car and coach shop of the Kansas
City Southern railroad struck today ln sym
pathy with the machinists.
Fifty nonunion workmen arrived last
night and we.-e taken to the shops, wher
the company provides food and lodging.
F.iitMrcn T'.tooaand Threaten Strike.
LOWELL, Mass., March 19. The agents
of the seven mills here today refused to
grant the demands of their employes for a
10 per cent Increase In wages. It Is thought
a strike of 18,000 operatives will follow,
t'anndlan t'oorta Involved In Strike.
VICTORIA, B. C, March 19. George Es
tees, president of the I'nlted Brotherhood
of Railway Employes, who Is organizing tho
strike now on against the Canadian Pa
cific railway, was charged in the police
court today with conspiracy to delay bis
majesty's mail.
The charge Is made under a section of
the postal service act of Canada t.hich im
poses a penalty of one year's Imprisonment.
EFFORT TO BREAK STRIKE
American Bridge Company Will Blake
Determined Attempt to Re
,. ... ante Work.
riTTSBVRG. March 19. A determined
effort is to bo made by the American Bridge
rompany to break the strike of structural
Itonworkers in this city by Importing non
union men.
Last Monday forty men were brought
from Louisville, but the men deserted Im
mediately upon leaving Pittsburg, last
night forty-gevrn men were brought Into
the city from Norfolk, Va., and 150 men.
It la said, have been engaged and are on
their way here.
The men who arrived here last night
were placed on a large houseboat which is
tied up In the Monongahela river at the
company's plant. The boat has been fltteJ
up with bunks, dining rooms and kitchen
and It is proposed to house and board the
men there until the strike Is broken.
The men are to be used in completing
the work on the new Wabash railroad
bridge across the Monongahela river.
A squad ot policemen are guarding the
nonunion men, but everything is quiet,
no move having been made by the strikers
to Interfere with the newcomers.
TWO UNION MEN ARE CUT
Nona
(n Man la Badly llaadled la
a riaah Between the
Factions.
NEW TORK. March 19 There was a col
lision between union and nonunion men at
Townsend Downey' ship yards today,
two union men being cut and a nonunion
man roughly handled.
The union men who went out in sym
pathy with the striking boiler makers re
turned to work today and It wa then the
trouble occurred. The nonun'on men. mostly
Italians, teceuie epraged and the too ele
ments clashed.
Police were called and the Italians driven
away. The only men not working now are
the valve maker and iron fitters.
One hundred and fifty boiler maker ar. 1
Iron fitters who were on strike at ;he Bur-
WHY WORRY?
with an umbrella
when a little money
will buy tbc stylish
Rin
bearing this famous
trade-mark
No rolif la it nrvef
lettt yoa wp of imclU
realty like mackintosh of
nblf coat. TVe price Is
rigat your money back
if anything goes vrong.
We alone sell tkcm kere.
TUE GUARANTEE,
tJIQ-21 DosgUs Sl
lee dry dock and ship building plant at
Tort Richmond returned to work today.
nnrklrn'a Arnica nl.
The best In (he world for Cut. Corns.
Bolls. Bruises. Burns, Scalds, Sore, fleers.
Salt Khettm. Cure piles or no py. 25c.
For sole by Kuhu & Co.
GRIFFIN FACTORY IS BURNED
Fire Destroy the HI- hoe Concern
and Several Other Valua
ble Buildings.
PEITERILU Mass., Mnrrh 19. A fir
which started shortly sfter 1 o'clock this
morning in the big shoe f.ictory of M. C.
Orimn. at East Prppcrlll. destroyed tho
factory nnd a score of buildings, Including
stores and dwelling houses, entailing a
loss estimated at $300,000.
As tho local lire department could not
cope with tho flames aid was called from
Nashua. N. H. With this help the local de
portment tought until nearly daylight oc
fore gaining control of the fire.
The heaviest losers aro M. C. Grllfin. the
shoo manufacturer, aud R. E. Tarbell.
Three stores and six dwellings ownod by
the loiter were destroyed.
The cause of the fire Is not known, but
incendiarism is suspected.
Quarantine la Hnlscrt.
SAN FRANCISCO. March 19 A telecrnm
from tho Mexican secretary of the Interior
received in thin city states that the itinr
antlno ajtnlnst Son Frnnolsco declared last
December hH." been raised.
Blast ot Shamrock 111.
OLABQOW, Morch 19 -The mnst of
Shamrock lit was successfully stepped to
day. It measureo Its feet from deck to
truck.
Gold
At Pan-American Exposition.
Unlike Any Other I
The full flavor, the d el iolous qual
ity, the absolute Parity, of Low
ney's Breakfast Oooja distinguish
It from all other
Ko "traaiment" with alkalies; no
adulteiatlon with hour, starch or
ground cocoa shells: nothing but the
nutritive and digestible produot ot
tha choicest CoooA Bean
Ask Your Dealer for It.
PROGRAM
CECILIAN
PIANO PLAYER
RECITAL.
Py MR. PHILLIP- GAHM.
Saturday evening. March 11. at C.
M. H. A. Hall, sumo Moor as Piano
Player Co. Parlors, Arltngtou blovk,
' 1M1-151S Dodte St.:
1. Tannhauser-Pilgrim's Chorus.
agner
1 Badinage Herbert
i'ruumerel and Little it-
,anc- Schumann
i. Hark. Hark, the Lark. .Schubert
Prinoe-of IMlsen
Season at the Sea j
Shore and Sicln i
S.uig.
The Willow. rind
lidn't Know K.t
tutly W hat to Io.
?lesugr of the Vio
Ludcra
let, nnd 1 ale or I v
' the Sea Shell.
S. Poet and Peasant Overture..
buppe
9. Melody In F
Vnibe Hie ue
11. The laying 1'i.et ....
L!. American Patrol
Th tVcltliin is tlu
Huber.stein
Margl.s
ttottschalk
,. Meai-hani
PKKFKCT
PIANO PLAYER, because Its touch
la ron-mechanlcl : It is the easiest to
1-tHlal. it give the operator perfect
control of both bafs i'nd treble sepa-l.-.tely;
it il.lrr.lt of emphasis tnii-.g
placed on any note: it permits cf in
stant change ficm ilarSxImn to
fortissimo, and ice vt-rsa; its ioa
slbllitle in tone shading e-e ..illm
Itecl; Us powers of errrhii ie
boundetl only Py the 'ee'ings of ;he
o;Tatr.
We know thnt rimllar cl'.ims are
made ( -r other P!acrs: ii'l ae atk
is: Froe ih !-i:ilr.iiic.
Our weekly recl'.al I. re f..r this
puro.e and to demonstrate the ab
solute C'-pei'iortty. in ev.ry particu
lar, ct the Civilian uvcr a::y:!i.: g on
tde taatket ::ow.
We lelterate the fi-t tst ve are
THK PIANO PLAY Kit PKOPLF..
J.'ln ibe i luh end secure a Cecllian
in t." a week ramcni.
PlfitiO PLAYER CO.
l-lMt
il5i:MKMl
BOYD'S!
Woodward Burgess.
Managers.
Tonight. Sat. Mat and Night.
SALLY IN OUR ALLY."
IT Ires Mat.. In S)1.M. Mgal.
i.le to at.il'.
MONDAY NIOHT ONI.T,
JC O C A aV.
Tha I'henomerjal Bohemlin Vloilnlst.
Price: i'-c. a)c, ;ic. tl A. 1 ij.
Seat on Sale
Sl NDAT. MATINEK AND NI'UlT.
lUMKI. St I.I. In
"TIIK OLli Mill. KTRKltt."
Trices: Mat ric, inc. Night Sc. We.
Telephone 1VT1
Mitineea Thursday. Saturday and Sunday,
l.li; t-very N.ht. li.
j HIGH GLASS VAUDEVILLE
! KusmII Brother. I.ottle Ollson. W C
I Ftflds. Joe Maawell A Co.. Kstuerwi-:.
Ar.clerson and a.is a nl the Mii'Klr .i'.e
PKICKS-Ijc. y-
"AtU r- th -Tfcvtr
Oar tall svrel. Is aew s4 lb
trrttv N. oa lta m
"".T -J Mr-4 V: m Uk. IH tl St
i.l ttaltaa &e(WUi. f m
-Vl l ai. tas
Ja I i - ITtn. Ban Bias.
Ar.A.-a-
Meda
1
j H Arlington p.'.k
I .ige St. a