Omaha Daily Bee Newspaper, June 22, 1887, Page 4

4 THE DAILY BEE. PUBLISHED EVERY MORNING. TERME OF SUBSCRIPTION ¢ D"ny (Morniax Edition) (ncluding Sunday . ' $10 00 e BOO 28 200 Er, N0 Yoar.. ... For Bix Mont! Cosissvover For Thros Months . . oy The Omaha Ssnduy Bex, mailed to any nddress, One Year. ... 914 AND 018 FARVAM STE ATIA OFFICE, N Bw YORK OPFICE. ROOM 08, TRIRUNE BU1E ASHINGTON OFFICE, NO. 013 FOUKTEENTH 810 1 ~a. L CORREAPONDRNCE: All communications relating to news and edi- torial matter shouid bo addressed 1 the Evr TOK OF THE Bir. BUSINESS LETTRRS ! ATl business lottors and romittancos should be Rddressed to Tak Bew PUBLISHING COMPANY, OMAHA. Drufta, checks and postofice orders %0 be miado peyable to the order of the compuny, THE BLE PUSLISHNG COMPANY, PROPRICTORS. E. ROSEWATER, EpitoR. THE DAILY BEE, Sworn Statement of Circulation. Btate of Nebrask: ls, County of Dougias. | % Geo. B. Tzschuck, secretary of The Bee Publishing company, does solemnly swear that the actual circulation of the Daily Bee for the week ending June 17, 1357, was follows: Saturda ay, June Thursday, June 16 Friday,June 17 Averace. Subseribed and sworn to before me this 20tk day of June, 1557, F P, Frit, N. [SEAL.| Notary Public. Geo. B. Tzschuck, belng first duly sworn, deposes and says that he is secretary of The Beo Publishing company, that the actual average daily eirculation of the Daily Beo for the month™ of for June, 184, 12.208 copes; for July, 1888, 12,314 ' copie: for August, 155, 12,464 mé»lu: for Septem- ber, 18%, 30 coples; for October, 1534, 12,050 copies; for Novemnber, 1883, 13,348 coples; for Decomber, 1598, 13,957 coplies; for January 1587, 16,200 coples: for February, 857, 14,195 coples: for March. 1857, 14,40 coples: for April, 1857, 14,316 copies; for May, 1857, 14,227 coples, Gro. B. Tzscnuek. Subseribed and sworn to before me this 4th day of Juue A, D)., 1957, ISEAL.| N. P. Frrn, Notary Public. Tie queen's jubilee seemed to eclipse Buffalo Bill's boom yesterday. Tu, Nebraska Fourth of July oratory has all been engaged. The eagle will scream—and he will be justil GENERAL FAIRCHILD proposes to con- linue his rhetoric. The stars and bars are of more importance than in '61 and '62. ArTER July 5 the suspension of sec- tion four of the inter-state law expires. Wisely there is left a chance to celebrate the Fourth of July. LiNCOLN merchants have filed com- plaints under the inter-state law. All “ the merchants of Nebraska could un- doubtedly complain and obtain redress. THE Beatrice 1nsurance concern says that many of 1ts members *‘lapsed’’ be- cause the BEE exposed its method of doing businefs. Iifails to acknowledge that the company collapsed for the same Teason, Magor BaLcomuE has probably dis- covered by this time that the certificate of a paving inspector as to the measure- ment of pavement repairs cannot always be relied on. At any rate it is not safe to ignore the city engincer and assume that the coutractors on public works will not take advantage of the city if they have half a chance. THE action of the Massachusetts legis- lature in passing, and the governor in signing, a bill exempting veterans from the conditions of the civil service law, bas caused some commotion among the uncompromising ocivil service reformers, The New York Post characterizes it as “the worst blow administered to the re- form bince the enactment of the Pendle- ton law by Congress four years ago.” Of course this action is construed as a direct assault upon the reform system, and a lugubrious wail to that effect may be looked for from the whole body of the reformers. But the simple fact is that the law is merely in line with republican polioy regarding the veterans, and will mot in the slightest degree affect the sys- tem so dear to the hearts of the re- formers. The extreme sensitiveness of the civil service people to every action, however remotely affecting their pet principle, suggests a want of well unded faith in tho virtues of the re- 'm resisting tho slightest assault, — TuERE would be no general regret 1f Becretary Endicott should retire to pri- wvate life. More than any other man who bas ever held the office of secretary of ‘war in time of peace he has succeeded in making himself obnoxious to all having velations with him, and by his crude efforts at so-called reform in creating a at deal of trouble. He has shown ttle qualification for the duties of the office, and unless greatly misrepresented he has for the most purtattended to them only 1n a perfunctory way. He is much of the time inaccessible, and always arro- gant. These faults would justify the president in replacing them, and he has been aware of them for some time. But 1t 18 said that now Endicottis likely to be offered as a vicurious sacrifice for the flag blunder, The president cannot shift any responsibility in this affair nor escape the penalty that belongs to him by visiting punishment eisewhere. The offended sontiment of the country wall wot be appeased in this way. ——— ‘We are told by the Herald that friends of Captain McDonald are indginant and exasperated because the board of police commissioners have scen fit to recon- slder their action in accepting Chief Seavey's resignation. We do not know who these friends are. Some of them probably love McDonald much less than they bate Seavey. Others are sore be- cause the commission persists in keeping aman at the head of the police with whom they cannot tamper. McDonald is a young man without any other expe- mence as police officer than he has been able to acquire under Marshall Cuming. His appointment as captain by the . -police commission over the heads of older and more experienced officers,and men on the old police force, should have been appreciated. If Mr. McDonald pow becomes disgruntled beeanse sowme fool friends pretend to regard the course of tho commission as a personal insult, he will show a great lack of that manli- mess and discipline which are the pre- mlflu of every goad soldier and police- Mr. Blaine Abroad. All accounts received from the in- terviewers who have seen Mr. Blaine since hie arrived in England represent him as saying that his sole purpose in going abroad was to secure quict and rest. He does not intend to lend himselt to any sort of publicity, either in receive ing honors or doing honors to others, he will not trouble himself about any public questions, and he will avold all unnece sary mental exertion In a word, his intention, if he can adhere to it, is simply to enjoy a period of quiet repose, obtuin- ing therefrom all that is to be had of mental and physical recuperation, If report, however, does not do Mr. Blaine justice. he did not leave home without anging to beguile the hours abroad with such information from time to time, regarding the status of affairs in his native land as will enable him to keep fully posted as to what is going on here in the direction in which he is most interested. The impression is that Mr. Biaine did not leave his fences unguarded, but that they were committed to the charge of careful and trusted hands, who are ex- pected not to atlow them to get out of re- pair. 1f this be so, and 1t cannot be re- garded as improbable, Mr. Blaine will bave something to occasionally seriously ocecupy his mind, or perhaps contribute to his enjoyment. He is said to have ex- pressed himself greatly pleased with the lection of William E. Chandler to the senate, and it 1s very likely that he has derived some gratification from the tlag incident, for which the democratic party will have to pay dearly next Undoubtedly Mr. Blaine eleets wisely | in determining not to yield to any of the | inducements that are very certain to be held out to him to submit himself to pop- ular inspection, or to identify himself with any sort of demonstration, social or political. It would be an ob- vious impropriety amounting to a breach of hospitality, if. for example, Mr. Blaine were to express his views in hostility to the coercion poliey of the English gov- ernment, albeit he is well understood to entertain such vi d on the other haund there would be a measure of stul tication in his accepting special consider- ation or honorsat the hands of the ruling volitical clement, the effect of which would certainly not be to his advantage at home. On every account he will best consel his dignity as a distinguished Amcrican citizen and avoid all perils by foregoing all the privileges and publicity which he might readily have simply by signifying the willingness to have them. He is1n no danger of being furgotten. Whether or not he made provision for the care of his political interests while he is away, Mr. Biaine 18 assured of a very large constituency whose loyalty will not lose in fervor and zeal if they shall not icar s word from or regarding him for the next twelve month. Meanwhile those whoare of his following and thoso who ara not will with equal heartiness wish him the largest measure of repare- ful enjoyment and all the benelits it can yield. Ignorant Pill Venders. An indignant “M. D."" writes the BEr uvon the subject of the law regulating drugs passed at the last legislature. ‘I'he chagrinnal physician claims that it is wrong in principle to atlow a man who engaged in the drug businessa few weeks before the law went into effect, and who does not know the differenco between Epsom Salts and Chloride of Sodium, to enjoy the snme privileges under the law as are vauchsafed the skilled pharmacist. He marvels at the wisdom of the law makers in legislating against quack doc- tors and permitting quack druggists to be tolerated and protected. He finds realization of the seriptural quotation which says “two shall be grinding at the mill,—-and one shall be taken and the other left." There i8 no doubt concerning the po- sition of our correspondent. Bungling and stupld druggists, so called, have made many serious and fatal mistakes. The law should read plainly and counte- nance no quacks or unskilled pharma- cists. Becauss a man conducts a ‘“drug store’’ and carries & small stock of patent pills, roots and herbs together with a large stock of one year old whisky and calls himself a druggist, it does not fol- low that he should be given the opportu- nity to dispense deadly poison for some harmless opiate. 1f he attempts to fill prescriptions at his store ho should em- ploy an experienced druggist. ‘The legislature of Nebraska, however. should not be criticized. Its condition last winter, most of the time, was such as to remove it beyond the pale of re- sponsibility. The oil rooms must be charged with the stupid drug law. ——— The Ol Fields of Wyoming. The development of Wyoming's oil fields promises to bring to that rapidly growing territory a large and increased revenue, It has been known for years that petroleum existed there in what sooms inexhaustible quantitics, but its utilization and vefinement is an industry comparatively new. ‘The figures furnished by a correspond- ent of the BEE show that this one com- modity,which has been so long neglected, will prove one of the most valuable, of the many natural resources of the great west. The development is just begun. Other wells in different districts will be opened, and the revenue from oil alone will furnish startling statistics for the eastern capitalists within the next ten years. ‘The northern and western parts of Wyoming, while for years covered with oattle, so far as their natural resources are concerned, are practioally unex- plored. Ruilroads and settlers, however, are now entering all parts of the terr: tory, and it is highly probable that rich deposits in minerals, as well as petroleum, will be discovered. Wyoming's settle- ment and prosperity will result to Ne- braska's good, and the information that nature was lavish in supplying her with what seems enexhaustible necessities is highly gratitying. —_—— The Struation in New York. Until within & few aays speculation re- garding the demooratic situation in New York, as between Cleveland and Hill, had pretty much lost its interest. Even the papers friendly to the latter, or at all events unfriendly to the president,secmed to have coneluded that it was a “‘chest- nut” with which the public palate had become cloyed. But there appears to be & renewal of interest in this direction, which recent events may be expected to considerably intensify. A correspondent THE OMAHA DAILY BEE: WEDNESDAY, JUNE 22, 1887, side of the business interest ot New York, which clamors for free trade and the avolition of the custom house, Cleveland is wholly overshadowed by Hill. The en- dorsement of the national administration by the county democracy he character izes as merely perfunctory, while the un- triendly feeling of Tammany toward Cleveland is as carnest now as it has ever been, though kept in repression. That skillfully man aged organization doesn't openly avow its performance simply because of an uncertainty as to what Hill will do. Itis not to doubted for a moment that efforts have been made by friends of the president to convince the governor that his opportunity will come later, and that it would be to the advantage of himself and of the party to leave the coun el for Cleveland. And it has looked very much as if Hill had been persuaded to cquiesce in this view. But late events may effect a change that will enable the governor to have his unquestioned ambition gratitied withont making any effort. The democracy of New Yoak have a new cause for question- ing the expediency of committing them- sclves to the support of Mr, Cleveland for renomination. The incident that has offended the loyal sentiment of the coun- try wjll be held in remembrance by thousands of democratic sol- diers in New York as elsowher6, and the party in that state could not count upon its full vote being cast for the candidate who has this un- pardonable mistake against him. Now can it afford to take chances? There is every probability that there wili be re- publican harmony in New York next r, and in that case the democrats of that state cannot count upon certain victory there. At all events they eannot afford to lose a man, and it is inevitable that tiey will lose many if Cleveland is the candids What more probable, therefore, than that this incident will turn the tide toward Hill and give him the full support of New York, without the slightest effort on his part, in the next national demoeratic convention? In such ease there would very likely be con- siderable dissension on the part of the southern wing of the party, which, by reason of this incident, will all the more heartily support the president, but the democratic cause would be utterly hope- less without a New York man at the head of its ticket, and if the democrats of that state become satistied they eannot carry it without Cleveland those of the rest of the country will accept Hill rather than certain defeat. Perhaps the governor will do wisely to lead his political for- tunes to fate, with which he seems just now to be the favorite. The Dignity of the Council. Within three hours after the police commission had accepted Chief Seavey's resignation last Saturday, eight or ten councilmen started out to paint the town red. Their joll ion over the glorious victory kept up in the saloons until midnight, and became the town talk Sun- day morming. The joy over Scavey's downfall and the surrender of the com- s not contined to the boister- ous councilmen. It had become conta- gious with the lawless elements. The joilification had spread in the Third ward like a praivie tire, and was hailed with the most extravagant demonstration of satisfaction by the kecpers of dives and dens. When the report of these outbursts reached the ears of the police commission they very naturally began to realize that they had made a blunder. On Monday morning they held a conference, reconsidered their accentance of Chief Seavey's resignation, and revoked their appointment of his successor. What transpired at this conference, and what inspired or influenced their action 15 un- known to us, and so far as the citizens of Omaha are concerned immaterial. The commission was created expressly for the purpose of taking the police and fire departmentsout of the hands of the council and out of politics. Its manifest duty is to give Omaha an eflicient police force which will enforce law and order and protect the lives and property of our citi- zens. The commi: this to the best of it outset it has been hampered and harrassed by opposition which no rational and un- prejudiced citizen can council has no more interfere with the police commission than with the board of education. Sup- pose the school board should appoint the most obnoxious man in Omaha, or the most bitter enemy of leading council- men as superintendent of schools, Would the council be justitied in refusing the necessary tax levy to enable them to employ a suflicient number of competent teachers? And yet this threat of starva- tion policy is openly made aganst the police commussion. Editors who are 1dentified personally with the plot and conspiracy to control our police, tell the council that it must maintain its dignity and refuse appropriations for additional police and keep up its demoralizing at- tempts to bulldoze the commission into subjection. The dignity of the council indeed! What dignity has it to maintain? Why should any respuctable councilman con- sider himself or the council insulted by the refusal of the police commssion to gratify the third ward dives keepers? Would it not be more dignified in the council to let tho police commission manage the police as the luw directs, and let it be held responsible for mismanage- ment? S—— At its last meeting the couneil allowed Fanning & Slaven, the street sweepingeon- tractors $511.80 for extra work in clean- ing tho streets whieh are swept by them. ‘Tho claim was certitled to as correct by Mr. House, ex-chairman of the board of public works. For all that there 13 something crooked in this claim. ‘Lhe contract under which this street sweeping is done requires the contractor to remove all dirt, asnes, ete., from the streets without extra charge, even where such materials have been thrown into the streets in violation of existing ordinances. In othier words, the price at which Fan- ning & Slaven are cleaning the streets coyers all the cleaning they do from time to time. The $511.80 which the council Yas wllowed, is in our opinion a clean stoal from the tax payers. The manifest duty of the council 1s to deduct the ex- cess coll*ud by the street sweeping con- tractots n their next month’s bll. Itis to be noped that the new board will not allow such hogus claims. , eeee— AN Investigation is now in order to of the Cincinnati Enguirer says that out- certain what has become of the llusl captured by the navy during the rebel- lion, These were not numerous, but the law intended that they should be pre- served, and it would seem that this re- quirement has been neglected. All the present oflicials of ghe navy department profess 1o be A-Mircl’ hout knowledge respecting these trophiek, <o that the re sponsibility is relegatod®o their prede- cessors. It should be figed where it be longs, it it be posstole. Meanwhile it may be romagked that dem- ocratic journals hre' straining the arts of sopkistry in the hope of miti- gating the mistuke of the president in dirceting the return 0f the captured army flags. ‘The effort will be to no purpose, The president's action exhibited an animus which the offended sentiment of the country will not forget or forgive, and he can justly receive no credit for having retreated from a position only after the discovery that he had taken it without authority. Turk government will make an example of the Fidelity National bank of Cincin- nati, the officers of which were largely concerned in the Chicago wheat deal,if i does not happen that the bank will be compelled to close entirely. Having al- lowea two checks, aggregating $200,000, to go to protest, the stockholders of the bank have been notified that business can be resumed only after a reorgani tion which shall replace the speculati gencral manager and the cashi This action is commendable ought to be salutary. tional bank officials have no business to be speculators or to give the support of their banks to speculators. They con- travene the law in domg so and they vio- late their obligations to the people from whom they obtain the right of existence, Wiencver they are found doing this should be summarily deposed. W bank examiners more vigilant and care- ful there would doubtless be a great deal more of this unlawfnl and unsafe busi- ness developed than there is, at least at the speculative centers, Tu following geometrical problem is respectfully submitted to the council committee on elaims: The measurement of extra paving on upper Farnam street certified to by the paving in- spector as 661 yards, when the city en- gineer ean only discover on exact measurement 338 yards, and by the most elastic streteh less than 400 yards. 1f 33 yards are cqual to 551 ys how much difference 18 there between §2,44% extras for paving, and the amount act- ually due on honest mensurement? Mit. PorrLETON appears altogether too anxious to keep thet public in the dark about the peculiar nfetholls of the Union Pacitic railroad wreckrs. President Charles Francis Adams" will hardly ap- prove Mr. Poppleton's attempt to smother the diselosures made before the investi- gating commission. Mr. Adams has time and again declared that publicity 1s the greatest safeguard against dishonest man- agement and unjustediserimination by railroads. % Tue navigation of the Missouri river must not be impeded by the construction of alow bridge at Omaba« Major Suter has sdid it and behind Cat's-paw Suter 13 the ftalian hand of the Union Pacific. WHAT is the use of congress granting charters to bridge the Missouri 1f its fran- chise can beannulled by railroad cappers who sport shoulder straps. Par Forp’s jamboree over the surren- der of the commission and fall of Seavey was a little too previous. It Means Mischief. Philadelphia Dispaleh, And now it1s reported that Jay Gould is also the victim of insomnia. 1f he has it bad, the bondholders of some othier railroad had, better look out for their property. Jay Gould does not lie awake nights for amusements, feid b Il The Robber Trusts. Philadclphia Press. The Standard Oil Trust has a capital of over $100,000,000, the Cotton Oit Trust of 30,000,000, the Cattle Trust of $25,000,000, and the Rubber Trust just organized has a capital of $35,000,000, “In God we trust,” may be a good enough wotto for the people of the United States, but its capitalists go in for another “trust” altogether. ——— Expected a Kick. Detroit. Free Press, A cow stood looking over a zate on Brush street yesterday and & woman stood waving her apron at the cow from the front steps, A boy came along and saw the situation and called out: “:She won't hook you, ma’am.” “Ol, Lain’t afraid of her hooking me,” replied the woman, “but I don't want her to come into the house and kick iy furniture all to pieces.” e The Giddy Earth, Philadelphia dmerican. Smoking is on the increase. Even tho earth smokes more than it used to. Every day or two she puffs forth smoke on some new mountain, and spits out steam, gas and water from some new geyser or gas well. Every now aud then she goes on a **bust” and gets her face split into fits-sures, and heaves rocks around at a great rate. 'hen she gets Into a fit, trembles all over violently asif it was a case of ague, gives her best friends the “grand shake,” grumbles and growls, and goes rolling around at the rate of eighteen miles a minute. Where in the world is she drifting to, and what will ever become of her family? ' Nebraska Cif}) Netos, ‘The O’Morrisey, an itinerant blowhard and swash buckler, who purtishes'pens, ink and paper, endeavoring to pose as an editor at Omaha, is nearly asbig a hppmbug as his twin Rothacker, who makes ML. Qmaha Republi- can absurd from day to diy.” They are twins in assumption, vanity, eptiness and plug- uglylsm. They become 8 bar room botter than a sanctum. Orally tfiey may be efficient blackguards, but as decent edltors they arc a poor pair—*a duten flush.” " el T3 Theory ana Practice. Cineinnatt Commeratal Gazette. A railroad in the northwest is selling one- hundred-ride tickets to summer resorts within 130 miles of the chief terminus at a fraction over & cent a mile. We presume the arrangements is for the purpose of making money. And yet able railroad men stand up and tell us that when & passenger is carried at less than two cents & mile, long or short haul, the road does mnot make any prolit. ‘There are evidently nconsistencies in the theories and practices of railroad men. Ty T ‘The United States Hotel, Boston, (coy- arl%thren neres) advertises that none of its 600 guest rooms are above the fourth ud that twelve separate and dis- tinct stairwaya reach from all floors to he street, Fire alarm in every room. filllllmlll travelers will make a” note of s, 4 THE LEMON WAS SQUEEZED. Mr, Kimball's Testimony Before the Rail- way Oommission, INTERESTING AND EXHAUSTIVE, A Lengthy and Close Examination in- to the Mcthods of the Union Pacific People in Influcnce ing Legislation. Taking the Testimony, Itwas just two munutes of 10 o'clock when Sergeant-at-arms Walsh, of the Pacitie railroad commuission, wrlked up the steps of the Union Pacific headquar. ters with the ponderous treight caruings book under one arm, and a vile of books, pamphlets, ete,, on the other. Shortly after Commissioner Lyttler wulked into the room, bland and smiling. He was fol- lowed by Governor Pattison, serious and clad in a light summer suit, evidently just unpacked and donned. He at once called the commission to order and while the opening routine was being transacted, the Union Pacitic oflicers filed 1nto the room. A eommunication from Land Commissioner Sparks was received con- cerning the lands of the Union Pacitic railrond company. Mr. Poppleton asked to examine the document and objected to it as not con veral points of in- formation which theretore made it mis- leading. He asked to be allowed to fur- nish a series of questions which would bring out what he wanted shown, Mr, Pattison said there was no objection to s propounding questions in relation to the unsurveyed lands-—in fact, any gues- tions which he desired to draw up and forward to Ihe examina- tion of General T ager Kimball was taken up examination was 1 by Chairman Pattison, the thorough rigid Cross- e, ‘The morning scssion w inly taken up with that period of Mr. Kimball’s jservice with the Union P citie as goneral passonger agent, from 1871 10 1830, He was asked about the issue of p: whom they were i Kimball replied that he w passes to the newspapers me furnished advertising, to repreresentatives of other roads, in some instances to the clergy, in eases of charity if decmed worthy, agents of theatrical troupes and tourists’ parties, Have you named were issued? wollect any re passes he B 1ed passes to such, pe 5 How did you get your instructions ssue passes? A,—Sometimes by letter. Q.—How does the passenger traflic now compare with that period? A prL;[ur to answer the question by the rec- ords, Q.—Have yo1 the rocords, and will you furnish thews to the commissioners? A.—I have, and will do so. ~—Were any special passenger rates to shippers over the r A after of that was all to Aunswer—l ccall none but those classes I have mentioned in the previous question. Q.—Will you furnish all the instrue- i ved 1n relation to the issue —1 will. In response to close questioning by Mr. Pattison in relation to ail the duties of his position it was brought out that Mr. Kimball had acted in the defense of the policy of the road, by contributions edi- torially and communications to the press, and that 1n iustances he had also acte to defeat logislation against the com- pany. Q=W hat consideration did the vapers receive for these editorials? A—None that I am aware of. ‘They printed them because they were usually glad to get them. Q.—Did the company haye any interest in these paperst A.—In one instance the company had an interest in a paper. Q.—Was there any consideration of- fered the papers for these publications? .—No_special consideration, Q.—No _special consideration? What then was the general consideration? A. —Free transportation was gi to the editors if the paper was of suflicient 1m- portance to warrant an exchange of fa- vors. ‘Thisline was closely followed, and it was gleaned that if any money was paid for the articles,it would be charged to the advertising account. It was asserted that the papers printed time tables, ote,, in geturn for favors, and that the expense for advertising was not large. The com- missioners cailed for the advertising record from 1871 to 1850, 2.—You snoke of defenting legislation. What did you do toward defeating any legislation? A.—Iundertook to persuade the legislator that he was not right, and that the measure was prejudicial to the peopie and the road. Q.—In how many states was this done? A.—In Nebraska, the then territory of Colorado, and in Kans With the legislators what persua- power was used? A,—If you could bring me the bills (laughing) I could tell you. Y% —Ware you alone empowered. to de- foat legislation? A —I was one of those s0 _employed. Q. \Lul_vuu:my others to assist you? f, generully my subordinates. 1l you name them? A,--Mr. —Who else? A.—Mr. Newman. [It developed that Mr. Newman was some- whero in the eity ot Chicago on businzss, | Q.—Whoelse? A.—Mr. Jones—S. B. Jones. Q.--Who else? A.--Some of the repre- gentatives of the legal department were active. Q.~Who were they? A.—Mr. Thurs- A.—Mr. A.—Mr, A. on. Q.--Any others? Stull of Topeka. Q.—Who else? L. Wil- linms, Have you given all the names? .—All { think of. Q.—How did_you employ Mr. Shelby about the legislature? A.—By sending hin) thera to lubor with the members. Q.—What argument_was used other than persuasiont A.—None that Iknow of., Q.—Was money ever used? A.--Not that I know of, Q.--Wouldn't you know of 1t if mofey sed? A,—No, sir. J.—You wouldn’t ‘tnow it then if he did use money? A,—He might have been acting under higher authority than mine. Q.—What were the duties of Mr. New- The same a3 mine—to defeat egislation. Were these men under your imme- diate direction® A.—The general man- ager might have directed them. QW cneral manager then? A.-~Mr. 8. H. H. Clarke. Q.—What were the duties of Mr, Jones at the legislature? A.—The same ns mine—to prevent hostile legislation. Q.—~Were they the sume ns those of Mr. Thurston and the others® A.—Yes, sir. Q.—Were you all together at the legis- lative meetings® A, —I do not recollect being there with othier than Mr. Shelby 1 will bave to refresh my memory on that voint. Q.—How will you refresh your memory* A Tkept u diary. Mr. Kimball was asked if he would submit such matters in the diary as were of public interest, and said he would. The diary was then called for, Q. How did you Instruct the leglsla- tive workerst A —Ouly gave instructions in a general w; If satisfied a pending measure was inimical, would bring influ- ence to bear on mombers. We were gon- erally allowed to go before committees and submit arguments, Q. Wouldn't that bo threugh the com pany's attorneys, rather than 1ts special agents? A--The others also did the work. Q. Did you correspond with any of the legislafors? A-Perhaps so. 1 do not reeall ar It was shown that 1f there was any such correspondence it would be on file, if the old records h m {u‘-vtvr\.ul, and the i ors cailed for the Q.—What other measures would be ex- erted if aguments failed? A.—In no wstance do' 1 recall any beyond logiti mate means being used to defeat legisla tion. Q.—Was any one else authorized to use any other means? A.—=I recall no in- Q.-~Were passes? them. Q.—Did the legislators ask for passes for other persons? A.—Yes, and got them—anti-monopoly members, too. Q.—What do you mean by anti-monop- oly members? A [hose who were op- posed to corporations. Q.—Did vou grant rebates on appliea- tion of legislators? A—I do not recall an instance. Q. ~Have you given all the methods used for or against legislation, or did any one to your knowledge exercise an) other methods than those named?y A.—Y can only speak for myself. 1 recall no instances of other methoda. Q.—Do you know of any other in- stances? A.—I cannot go beyond my knowludge. Q.~1 ask for your knowledge. A.—I do not recall any instance, and could r to the doings of others, LW influene sed by you s an officer of the company in referénce to the selection of members of the legi ture? A, Yes, sir, I should answer there has been, during the petiod referred to, influence brought to bear in the nomina- tion, eleetion and defeat of candidates. Q. What influence? A. Personal 1 fluence of myself and all the help that could be enlisted. Q. What help? quaintances. Q. Was this by direction of the com- pany? A. Therc were instances where men were nominated who to the com ing to « priv Q. the legislators furnished A.~They generally askod for A. The help of ac ere hostile ny and 1 folt justified in try- them—justitied also as o itizen, 2 money used? Q. Your own moue money. Q. Do you recall any of the company’s xf\;uncy used for political purposes? "A. 0. Q. Wh A. Yos, sir. A. My own arguments or influences were used in defeating or for candidates? A, Svery argument that could be used to iduce the people not to support or to support a candidate. Friends were en- listed, Q. Were there any promises of situa- tions? A. I do not recall any. Q. Were there any promises of re- bates? A. Not that I know of. Q. What other public oflicers’ clection besides legislators did you participate in in the interest of the company? A. 1do not remember any. Q. Did you participate in the elections of cities or towns along the line of the road? A. Rarely. Occasionally in the city of Omaha. f recall no definite case. Q. Did you instruct your employes how to vote? A. At times 1 asked them to vote a certain way, but never instructed or ordered them. Q. Who elsc assisted %'ou ininfluencing legislation—the general officers of the company? A. Idonotrecallany. Usually the emoloyes of the departments, Q. Were these employes selected for their peeuliar fitness? A, They under- stood the question and were available. How availuble? A. They were smart, Q. Did they receive any other pay than their salaries for participating in offorts to_intluence legislation? A, They re- ceived simply their salaries, Q. Were any legislators employed by you as attorneys? A, No, sir; I never employed one in my life. Q. Was the same action takenin all the states and territories named? A. [recall only instauces in Nebraska. Q. What was the effect of the hostile legislation passed during or after this period? Mr. Pobpleton objected to the inquiry because he thought it was not compre- hended in the bifi which ereated the com- missioners and defined their duties. Tho section of the bill defining the powers_of the commssion was read, and Mr. Kimball was directed to answer Mr. Pattison's question, He said his present recollection was that no hostile state leg- ialation had passed ap to 1880, Q.. Was there any local legislation? A. Not that I recollect. ing that period was there no gonistic legisiation ombarrassing the aflairs of the commission? Mr. Poppleton interposed and referred toan act passed by the constitutional convention refusing railroads the right of eminent domain. He called jt hostile legisiation, said he had wanted permis- sion from Mr. Dillon to take the ques- tion as unconstitutional to the su- preme court of the United Staf but from motives of volicy the question had never been taken up. If the company wanted an approach to th bridge it had #o pay whatever Tom, Dick or Harry asked. He considered it an out- rage on a road created by the govern- ment. On his suggestion Mr. Kimball rephed to the question by saying—Not that I recollect, except the constitutio provision prohibiting the Union Pacific rom the right of eminent domain, Q. Ple; read the provision? r. Poppleton read the provisionin the statutes of 1885, sec. 8, p. 83, it standirg for Mr. Kimball's answer to the question, Q. What was the effect of the provision? A. It prevented the company from acquir- ing property by condemnaiion, and com- pelled the company to pay the sellers’ ri I Poppleton interposed and said ho had known insiances where property had been bought by the company at the rate of %$15,000, which, before it be- came known'that the railroad company wanted it, the piece could have been had for less than £5,000. [At this point the answors were based on Mr. Poppleton’s su&: restions. | 2. To what extent was the business of the company impaired¥ A. Accurately, it 13 a perpetual imposition. The com- pany is at the mercy of property owners, The prices of property would be advanced as soon as it was known the road wanted it for right of way, ete. Q. How much has the company paid out in such casest A. That cannot be accuratoly answered. Mr. Pattison asked for the amount paid out for the right of way, and it was agreed that a statement of right of way exponses would be furnishod” the com- missioners, Q. (By Mr. Lyttler)—Has the constitu- tional opposition prevented the acquiring of right of way ulong the branch I\nes of road? A. That has been the fact. Q. How muuy miles of by have been built in Nebraska sl passagze of the act? A, Nearly Q. How did the branch lines g right of wi A. By a charter pu by the st Q. There was then an actual loss to the company _princivally on terminal fucilities? A. Yos. It also apphes to side tracks, depot grounds, ete., through- out the stute. But it operated most seri- ously here in Omaha, Q- Has there been anything in the pe riod petween 1871 and 1880 which has not been called out in your examination— uudtlnnu you can offer? A. I think not. . (by "Mr. Lyttler) Do 1 understand you emphatically to say that there was no money paid to influence the stato or Iaturcs during that period{ A t 1 am aware of. Q. (by Mr. 1,) Would you have kunown it if the fact existed? A. I am only ona ofhicer of the company. There is no in< stance within my know ledge. Q. (by Mr. L) Then money might ve been v A, It mignt. This practioally closed the examina- tion of Mr. Kimball on the period bos tween 1871 and 1850 when he was general passenger agent of the Union Pacitic and his examination for the period between %0 and 81, when he was assistant gen- eral manager was commenced. It did not develop anything of m ance and at 1 o'clock the commissioners took a recess foe iuneh until 2 o'clock, and the forenoon sesgion ended. THE AFTEY N SESSION. The examination of Mr. Kimball was resumed at 28) p. m. In answer to a question trom Governor Pattison, I id the principle of constructive mil wils first introduced into the Union Pacitic system in 1870 or 1880, The witness then read from a tablo showing the applieation of the princicle on various branches of the Union Pagitic system. These rates went into eflect Uctober 1, 1880, and have boen in - opera- tion ever since. Since that time therc have been some shght changes. For instance freight going from Granger to Pocatello, Col, on the Oregon short line pays § of a cent per ton per mile. These rates were fixed by President Adams through the general manager. As a general rule, however, witness said it would be responsible for the making of the rates and for all changes in them. Originally when the question came up as to what relation the rates on branch lines should bear to those on the muin line the rates were mado higher on the branch lIimes beeause of the fact that the main line made much larger earnings than the branches, In answer to a question the witn said he did not” mean to convey the idea that the rates on the main line were adjusted so as to make up for these deficiencies on the branches. I'he relu conditions of the lines are about the now as they were in Oc tober, 1880, when the constructure mile: age system was adopted. The main line has been improved, and so have the branches. “The principle of constructure milevge is not a new one,"” sud Mr. Kimball, and 18 in use on many of the leading railroads in the west other than the Union Pacific, Itis consiiered afair and reasouable ruie."” In considering the fairness of an ad- justment of branch line rates with refer- ence to the main line, the population along the Lines is regarded. When asked If he had a record showing how much was contributed by the main line to the Omaha & Republien of the Union Pacific road duri year after the constructive m tem was adopted, Mr. Kimbs had not. In fact not a dollar had gone from the treasury of the Union Pacitic road to the support of the branch lines 1t would be found that the constructive mileage system instead of taking money out of the treasury of the road had put money into 1t. During the month of Jan- uary, 1837, aione there was turned inta Union Pzcific treasury $19,034.34 to the credit_of the constructive mileage sys- tem. The amount contributed by the main line to the branch lines under this system d“ri&fi, the year would probably reach §207,000. By auxiliary lines are meant those which the Union Pacitic has an interest in. Mr. Kimball said he would be willing to make contracts such as had already been made with the auxil- iary lines undor the constructive mileage system if the Union Pacific had no in- torest in them. In dividing through rates the Denver & Rio Grande is allowed one and one-half miles per mile. By this system connecting roads sometimes get a higher rate per mile than the Union Pa- gilic. On the same principle the Union Pacific sometimes gets u higher rate than the roads with which 1t connects. Mr. Kimball was asked if the mnain line of the Union Pacitic would contribute during the year 1887 to the branch lines $166,000. ‘It contributes nothing." said Mr. Kimball. “If the constructive mi Rgy system were not applied the Union Pa. eific road would be bankrupted in twelve months."” “That's 1t exactly,” said Mr, Popple- ton, nodding his head. When asked what benefit was derived by the Union Pacitic from its branch sys- tom Mr. Kimball said thut the benefit de- rived was not shown in the books of the road. The large bulk ot the businoss re- ceived from the cast was due to the fact that shippers knew that the Union Pacific controlled these branch lines. The con- struction of these lines was begun in 187 *Did not the Uunion Pacific d. more dividends proportionately ro the establishment of this branch system than before,” said Governor Pat- tison, “The dividend paying period repre- sents tho period duriig which the branch system was developed,” was the reply. **Was not the road more vrulimbfu to the stockhoiders before the establishment of the branch line system than before? repeated the governor, “'Yes, I think it was,” said Mr. Kimball, Governor Pattison dwelt at some length on the constructive mileage prin- pie endeavoring to show that it amount- od to a contribution on the part the mamn line in favor of the branch roads. Mr. Kimball maintained, however, that the word “‘contribution’ conveyed & wrong 1dea and that thy nch road only got what it would réceive if the constructive mileage principle was not applieds *‘Have {ou anything to ask, Mr. Lit- tler,” said Governor Pattison, addressing that gentleman at the conclusion of the examination. “No," said Mr, Littler dryly; the lemon is squeezed.” Mr. Kimball was then excused with the statement that he would be asked to testify on the question of rebate: James W. Davis, an attorney at law, was next placed on the stand. Mr. Davis, in answer to a question, said he worked for the Union Pacific road under contract in 1863, The contract was to furnigh lumber and ties for the construe- tion of the road. The contract was made with the trus of the road, The work was completed in May, 1869, Witness denied ever having assigned this con tract to the Credit Mobilier or ever hav- ing had anything to do with that organ. izution. He said he assigned his contraot to the trustees at the suggesti of Sydney Dillon and Mr. Durant. here was no consideration for the assignment of this contract, As u result of this contract the witness and his associates lost $200,000, *‘Who TJ'. this money, 1 don't know,"” said Mr, Davis, “Iwish I did. It was lost through Boss Tweed jurisprudence.’ Mr. Davis was asked if he was not summoned to appear before a committeo appointed by congress to investigate the relations of the Credit Mobilier to the Union Pacific railway. “James H, Davis was, That sin't my e, said Mr. Davis. “Did you appear before that commit- " inanired Governor Pattison, *‘No sir,” said Mr, -Davis, *'I went to 1llinois on o visit." “Did Jou know that the sergeant-at- arms of the congressional committee was looking for you?" the governor. “I knew there was a_subpana out for James H. Dayis,” replied the witness, “'Mr. Gould stated in New York" said Governor Pattison, *'that some of the ties furnished the Union Pacific road cost as hi‘h 8 ‘Mr. uld was mistaken,’ said Mr. Davis. Those ties cost the company from 63 to 90 cents upicce," At the conclusion of Mr. Dayls' testi- mony the committee adjourned until this morning at 10 o'clocks laro 1 guess inquired