Omaha Daily Bee Newspaper, December 29, 1887, Page 5

THEIR FRANCHISE FORFEITED, Proceedings Instituted to Annul the A. & N.s 8ell Out. FULL HISTORY OF THE DEAL. A Barefaced Attempt to Swindle the People—The Scheme of the B, & M.—-Attofney General Beese's Petition. [PROM THE BER'S The movement against the the old Atchison & Nobraska railtoad with the B. & M. railroad opened yesterday with the act of the attoritey general, who files o petition in the supreme court and asks that the franchise of the road bo declared for- feited, and that three trustees be appointed to take the road, sell it, and, after paying liabilitice, turn the balance of the procceds into the school fund. The constitation pro- hibits the consolidation of competing roads, but this was done in the alleged lease that ‘was in fact a consolidation, and people along the old Atchison & Nebraska are to-day pay- ing interest on a bonded debt that was voted for a competing line. Competition censed with the consolidation in 1880, The rates were raised and the B. & M., which swal- lowed the road, Las had its way to the pres- ent time. 1f the attorney gonoral can destroy the rupt proceedings and save the people from paying $500,000 for something t! never received, it will be something to the lasting gratitude of the people who have been made the victims of the deal. Attorney General Lecse's petition, in full, is as follows: In the Supreme Court of Nebraska, The Stato of Nebraska, ex rel William Attorney General, Plaintiff, vs The chison & Nebraska Ruilroad Compuny, De- fendant, William T cse, attorney state of Nebraska, who sues for saf this behalf, comes now_ before the supreme court for said state of Nebraska, and gives said court to understand and be informed 1. That on the 2ith day of April, A. D. 1571, articles of incorporation were duly filed in 0 office of the secretary of state, of Ne- ku, by A. J. Cropsey, A. A. Egbert, T. E. Calvert, George Morrison and O. Chaunte, duly fncorporating under the la of the state of Nobraska the Atchison, Lincoln & Colu Railroad company, the object of the c cing to construct, maintain and operate a line of railroud - with singlo or double tracks and with all the necessary branches, fences, bridges, wurehouses, elevators, station houses und such oth ruruumnc«n 8 might be th it niecessar) n extending said line of nhmu(f fromn a point at the southiern line of the state of Nebraska where the Atchison & Nebraska railroad company crosses said state line, and from thence ‘runving northward and’ westward through the counties of Richardson, Pawnoe, Gage, Johnnon, Lancastor, Soward and But- Jer, by way of Lincoln to the town of Colum- bus on the Union Puvific railway in Platte county. A copy of said articles of incorpora- tion is herowith attached and marked ‘A" and made a part of the petition. 2. That on the 10th day of August A. D., 1871, and long before tho aforesaid line of railroad wos completed, the snid Atchison, Lincoln & Columbus railroaa company con- soiidated all its stock and pmmng of every kind and nature with the stock and proverty of the Atchison & Nebraska railroad com- pany, a corporation organized under the laws of the state of Kansas, And it was agreed in said articles of oconsolidation, a copy of which was filed in the office of the secrotary of stato, that the tWo consolidated u‘mniu- should constitute but one corporation in law and to be known and named the “‘Atchison & Nebraska raflroad company.” A copy of the said articles of comsolldation is hereto attached ana filed, marked “B,” and made & part of this petition, and that part of the line of railroad of the de- fendant lying and, being in the state of Ne- Immd!m is sought to_be affected by this pro- cecding. 8. Your petitioner would further give the court to understand and bo informed, that at the time of the incorporation of the Atchison, Lincoln & Columbus railroad, as well as u the time of the consoliaation, the financial circumstances of the defendant were limited nnd they were unable to build the railroad, from the south line of the state of N %0 Columbus, as aforesaid, and the com- pany applied to tho tax payors of the soveral counties through which said line of rajlroad 'was to pass, for aid to enablo the said com- pany to construct and maintain the railroad 88 aforesaid. 4. That the tax payers and inhabitants along said proposed line of railroad for the purpose of ‘obtaining a_railroad and getting irect communication with Kansas, Missouri hud Tllinojs and other eastorn_and southern Btates, did, as in such cases made and pro- vided, vote, issue and deliver to sald defend- nt o large amount of 10 per cent coupon nds aggregating from the counties of Rich- wrdson, Pawnee, Johnson, Gage ‘and Lan- caster, more than $500,000. 5. That on orabout tho 15th day of January, 1572, said railroad was completed to Lincoln in 'Lancaster county, Nebraska, and grom sald day to January 1, 1880, was i)]mrmcd and maintained ‘as & competing ine of railrond with the B. & M. railrond company, & corporation organized under the laws of this state, for all the freight and pas- seuger trafiic lying and being between the of this defendant and a branch_line of he aforesaid B. & M. running from Lincoln, n Laucaster county, to Nemaha City, in_Ne- fmaha county, by the way of Nebraska City, en the east side, and with & branch line of aid B. & M. running from Lincoln by way of Crete to Beatrice, in Gage county, on_the rest side of the defendant’s line. at dur- ng all of the timo aforesaid there was a trong competion botween the aforesaid lines, hereby procuring a reasonable and low rato of charges for freight and _passenger trafiic, gd the people living within the territory be- lore described received groat advantages by cans of the low and reasonablo: ratis harged for transportation of freight and pas- on the defondant's railroud, resulting m acom)':tiunnnfomnld. The froight lrlmrlng to the people using defendant's line rod was shipped to the city of Atchi- ®on, Kan,, and from there connected with pther lines of railroad that were competing ith the aforesaid B, & M. railroad fob Ch freight and for other points east. hat freight coming from Chieago and other pastern points to people living along the line of the defendant railroad was brought at groatly reduced rates and all the people liv- ng in the southeastern quarter of the state received the many advantages derived from eompeting railtouds, 0. That on the 1st day of January, A. D. as aforesaid, for the purpose of de- uding the peopie living along the lino of their railroad, und for the purpose of destroy- ng the competition aforesaid, the said de- endants, the Atchison & Nebraska railroad company, disregarding its dutics tothe state and to the public, unlawfully and wilfully en- Em-dhnu an agreement with the aforesaid . & M. railroad company to lease their said ine of railroad and all its rights and privi- eges, franchises and prop of every de- scription, to the last named railroad company and on said last named day the defendant did grant, lease and demise to the said B. & M. Tailroad, for the full term of $99 years, all of their railroad, roadway and lands counected use and operation of their road, and Llcasements and appurtenances thereunto be- longing, us well as all such property as shoutd ereafter be acquired. ' of said leaso s hercto attached, marked exhibit “C* and made a part of this petition, In pursuance With the terms of said lease the defendant on said day gave to the said B. & M. railroad full and absolute possession and control of 4ts railroad, roadway, rights, privileges and franchise, its carnings and property of every description, and_ever since the ‘1st day of January A, D. 1880, the g:h- dant company has utterly and wilfully failed and aegiected to maintain or operate their said railroad or suy other railroad in this state, and has failed in the discharce of its duty to the state, and to the public. Whereby, the right privileges and franchises of said de- fendant in the state of Nebraska have be- come and are subjeot to forfeiture. ‘hat afterward, on the 5th day of April, 188, the dofenduny conveyed and ussigned absolutely all i nds, bonds, monies and roperty of every description, ' not included n the lease heretofore mentioned, to the B, & M. railroad in Nebraska. A copy of said conveyance and assignment is hereto attached :rkud"h," and made a' part of the peti- n, £ 8 ‘Audt your petitioner would further show 2 1o the court that the defendant's line of rafl- road and the line owned by the B. & M. rail- were not econneetil or con- tinuous lines. of railroad, bub i truth and in fact the two roads were parallel and competing lines, and the lease, conveyanoe and assignment, as aforesaid, are and wero nitra vives, in violation of section 8 of article 11 of the constitution of thestateof Nebraska and against public policy. 9. That on the said (st day of January, A D. 1550, the aforesaid 13, & M. sold, as- sigued und transferred all of their rail il le 0lds, righta of action, contracts, stc hises and all other property ption_whatever to the Ch lington & Quincy railroad company, corporation incorpornted undor the la the states of Illinols and Towa, and not in- corporated under the laws of the state of Ne- braska, nor has it filed a copy of its articles srporation with the secretary of state A copy of the above mentioned snle and assignment 15 attached, “k," and made a part of this pe- of Neb deed o miarke tition, 10. That after the defendant made the lease of its railroad and the transfor of all its property as aforesaid, the defendant's line was maintained and ' operated by the B. & M. The said _Chicago, Bur- lington & Quincy railroad still continues to operate and maintain the defendant’s line in the state, thereby consolidating all the property franchise and oarnings of the de- fendant's line with the aforesaid competing and paralel lines of the B. & M. river rail- 1, a8 now owned and controiled by the go, Burlington & Quincy railroad com- a 11. That from and after the date of the transfer, to wit, January 1, 1380, the rates of freight for transportation on the defendant's line w increased by the lessee and its as- rom 50 to 75 per cent of the rate °d by the defendant and in many cases oubled; that all competition was de- in the southeastern part of the state on of the aforesaid transfers and all grain, stock and other classes of freight along the defendant’s line shipped to_eastern and southern points was carried north by the lessee, and the volume of busine done along the defendant’s line was d d out- side of the usual channel of trade. That the people living along the line are defrauded by the transfer aforesaid, and the large amount of bonds voted and delivered to the defend- ant, to aid in the construction of the railroad are’ without consideration, and yet the said bonds are presumed to be w legal liability against said counties, 2. Under the defendant corporation, the Atchison & Nel railroad company, has ceased to maintain and operate any railroad in the state of Nobraska. That said railroad corporation, the Atchison, Lincoln & Colum- bus railroad as consolidated with the Atchison & Nebraska railroad, has willfully failed and neglected to keep up and maintain any rail- road in the state as by their articles of incor- poration they are required to do. But, on the contrary, has abandoned _its lawful busi- ness and the end and object for which it was created whereby the rights and privilezes and franchises of said defendant corporation in this state have become subject to forfeit- ure. Wherefore plaintiff prays that the corpor- te ivileges and franchises may be ted and the said defendant be ousted thereform; that all the rights, privi- leges and franchises of defendant within the state of Nebraska be canceled and annulled and that said corporation be dissolved; that this court may appoint three trustees to take charge of the pm\;eny of said corpora- tion, fo collect the debts and pay the liabil- ities if any, and the surplus to be paid into the state treasury for the benefit of the school fund as in other cases of forfeiture. And for such further relief as equity and jus- tice may require. WiLLiam Leesk, Attorney General, And C. G. Dawes, with him, Attorneys for Plaintiff. One Fact Is worth a column of rhetoric, said an American statesman, It is a fact, es- tablished by the testimony of thousands of people, that Hood’s Sarsaparilla does cure scrofula, salt rheum, and other dis- eases and affections arising from impure state or low condition of the blood. Tt also overcomes that tired feel- ing creates a good appetite, and gives strength to every part of the system? Try it 3 = 5 Real Estate Transfers. W L Selby and wife to W W Salis- bury, lots 1 and 2 bik 3, Rush & by's add, wd. W L Selby and ‘wife, wifo to W W Salisbury, lot 14 blk 2, 3and 4 in 3-5 in 4 same add, wd.... Casper E Yost and wife to William E Fitch, lot 2 blk 6, Lake's add, qcd 10 F Murphy to H Jacobson, 1#s 1'and 2 blk 8, Armstrong's 2d add, q ¢ d.... 1 Same to Loren Larsen, lots 3 and 3 bik 4, 0ame, 07V 5 it kb v ik Rl Maggie A Haller to J A Kelley, lot 8, - VanCamp & Eddy's sub, wd........ 1,800 A F Bosche and wife to Walter W Lemon, lots 23 and 24 blk 1, Brown __+ park, w d.... .. 5,500 W Lemon and to chen et al, lots 23 and 24 blk 1, Brown park,w d.. . 6,000 J H Collins a- davy, lot 8 blk 70, South Omaha, wd 1,600 W G Albright andwifeto T C Jefferin et al, lots 4, 6and 7 blk 1, 4, 15, 17, 19 in b Jeffrics’ replat, wd v... ... 8,500 Andrew Hass et al to Clara §™ Cotton, 1ot 16 blk 1, Hass' sub, wd.......... 450 Same to same, lot 15 bIk 1, Hass’ sub, Qe e e L) e 450 Clara S tton and husband to E C Lynn, lot 15, Haas' sub, wd........ 000 chroeder, trustee, to John ‘Trokes, lot § bIK 10, Zrown park,wd 500 William F Gurley to Elmer D Frank, 8 50 ft of lot 9, blk 17, E V Smith's MW i i Saeserviiring 1,75 F J Sliter and wife to Norman H Brown, w 30 ft of lot 5 and n 20 ft of Iot 6, bik P, Pope Place, wd........ 8000 L Murks to A P Turk, lot 5, bik 2, ii in 5, Mayne's add, w d Lo 1,500 William J Paul to same, iot 4, bik 8, 10 in 6, Mayne's add, W d........... ... 1,500 George A Hoagland and wife to James O'Haney, 86 b 201510, Wd......... 1,600 Charles W Anders to Annie M_Hub- bards, lot 16, blk 8, Ambler Placo, wd.. & 4 E E Frencl 10t 2, blk 7, Central park, w d 1,500 Mills and wife to John L al, lots 10, 11 and 12, blk 1, 18 i Cotner & Archer's add, qc d 1,650 William H Alexander and wife to W T Graham, lot 10, blk 8, O'Neill's Subdiv, Wll..oo e, erveees 9700 William & Hawley ‘and wife to G F' MacDonald, ¢ lot 22, blk 1,19 and 23 in & Archer's add, F E Moaes and wife to same, W Qevssacosnnarassrssannon 4 600 John L Miles et al to same, lots 10, 11 and 13, blk 1, lot 18 in 4, same, wd.. 1,650 Twenty-seven deeds. Arrested For 8t George and Mike Groshe were arrested yesterday afternoon on the charge of steal- ing chickens belonging to the Poor Claire sisters at the Cosmopolitan buildingon South Thirteenth street. Cn being arraigned for trinl, they asked tor a continuance until this morning, which was granted. ———— Licensed to Wed. +The following marriage licenses were issued yesterday by Judge McCulloch: Name and residence. Age Charles J. Sharp, Saunders Co., Neb., 34 Minnie Sharp, Omuha. . EY { dames M. Buchanan, O 3 { Nellie T. Robbins, Omaha. 23 Decay of the Bones, with some thirty other symptoms, mark the progress of that terrible disease known as catarrh. It advances from stage to stage of fearful annoyances, and if peglected, is certain to end in goneral debility, and poesibly in con- sumption or insanity. Dr. Sage's Catarrh Remedy 11 cure itat uny stage. This medicine has beon long before the publie, and thousands have been restored to health by its never failing virtues. — Broke a Leg. While William Stevens, an employe at the Department of the Platte headquarters, was walking over the Sixteenth street viaduct yesterday, he had the misfortune to slip and fall down, breaking one of the boues in his rigatankle. He was carried up town go Dr. - THE OMAHA DAILY T.ee's office, e tha bone was set and the ankle enc) plaster of paris. He was then taket to the United States hospital at Fort Omaha. [, A Phenomenal Business Man, Gath in the Oincinnati Enquirer says of Jay Gould: *““What person or house has made the greatest fiscal success of our day?" ‘‘Jay Gould,” said he, “is the phen- omenal business man of our times; that is to say, the most original financier.” “You don't compare him to old Com- modore Vanderbilt?” ‘*Vanderbilt made a great fortune by getting in at the infancy of the railway system, but his successors are not able to cope with Gould in his traits. They have a fortune and manage it w:?' con- servatively thmufih agents, and have readily gilded back among the rather negative families of capital, like the Astors. There was a time when the original Astor was & great projector like the Gould .of the present day,and he aimed to do the whole fur trade, with its incidental commerce, provi- sioning and forwarding for all the new continent. In the course of time his successors thought that they would do well to preserve the fortune he started them in, The Van- derbilts in the same way have settled down to guard what they have got, and the first sign of their timidity, as well as their sagacity, was when William Vanderbilt sold a large line of his hold- ings in the New York Central railroad. But Gould has lived abreast of three generations of these Vanderbilts, and you will note in his career a steady coming forward and upward until they be to him in all street almost everything that happens whether he be in or out of the country.” “What is the principal talent of Gould?” ““It is not talent, in the expert sense, that he has: he has the tnest bulanced head, probubly, in business. Though he is an extremely frail, feeble person, he supports upon his shoulders & head which would look well on some large and powerful body. Anybody cau no- tice the difference between Gould’s head and his trunk and limbs. The head is that of a man who wears a hel- met. “Is he mot very sick, or constantly threatened with destruction?” ‘‘Yes. Gould has gone away under the advice of his physician, who first took him out of aotive spoculation. He has overtaxed himself and made a tre- mendous draft upon his energies. His reparation of his yatch was in view of his necessity of his absence from both continents and from every shore.” ““Is there nn('t.hing particularly lov- able about Gould?” “‘No. He has not trained his affabil- ities and plausibilities well. Even those who do business with him hardly like him. But that isnot to his discredit. Popularity is gift. Gould came up from humble beginnings and had no friends such as he would like to have had at the outset, 8o that he had totake his friends without picking them, j]ust as they hap- pened to come along. But you will see what he has developed, even in a social sense, if you observe that all our wealthy people now court his society, whereas about sixteen years ago, when when he left the Erie railroad, he had no friends and not much fortune. They tell all kinds of conflicting stories about his beginnings. But the fact is that when he left the Erio he had little to commence trading upon, and his life since that time has been’ another life, and has been as straight as that of any of the financiers around us, and the straighter Gould is the more easy he finds it to succeed. The only blemishes on his career were when he was with Drow and Fisk and that class of specu- lators who had come out of the red-hot caldron of the civil war.” pRPRICE CREAM BAKING POwpER rior excellefige proven in millions of for more than s quarter of & century, Tt 18 used by the United States Government. ” En. lorsed by the heads o the groat universitics, as the Strongest, Pureet and Most Healthful. Dr, Price’s the only Baking Powder that does not contain Ammonta, Lime or Alum. Sold only {n cans, PRICEBAKING POWDER CO., New York, Chica: St. Louts, J.& T COUSINS SHOES Bmbody the highest excellencies in Shapliness Comfort and Durability and are the REIGNING :-: FAVORITES In Fashionable Circles. Our name is on every sale, J. & T. Cov NEW YORK. AGENTS FOR OMAHA, Hayward Brothers. THE OMAHA BEE. DELIVERED 70— ANY PART OF LINCOLN BY CARRIER FOR- 20 Cents a Week. Seven papers a week. Send your order to the office, mzs_n P Street, capllgl Hotel Building J. B. HAYNES, ~—OFFICIAL— STENOGRAPHER, Third Judicial Distriot, N CHAMBER OF COMMERCR. WEAKnmnnu. HOW 70 Q7. Lost! A Manhood Ry Ut YEN line and l-a:ll-:l‘ nr"' Riomach Mudicines. cation, Yorke BEE: THURSDAY. DECEMBER 20, 1857, “LOOKING BACK Upon the year just closing we cannot help expressing our deep gratification at the result. It has been the most satisfactory since we are in business,and has far overreached our most sanguine expectations. We pride ourselves that this result is mainly due to our style of doing business and to our efforts to give the people at all times the most value for their money. Perfect satis- faction must go with every sale made in our establishment. If we have failed to please in a single instance, we are always anxious to repair. The people should know that they can come to us with the utmost confidence and rely on being treated fair. Our advantages are many and our methods are right, and cannot be excelled. The steady growth of our business from a small beginning to its present vast proportions proves that the people appreciate such meth- ods. We are thankful for past favors, and are sure togive more every year. Prior toour annual inventory. we will offer this week, several notable bargains which we can confidently say will be the greatest we have offered during the past year. Some of the best goods in the different departments, which have not moved so freely, will be marked down re- gardless of cost in order to close them out before stock-taking. 3 The following bargains will be offered in underwear: Onelot fine striped shirts and drawers, very heavy weight, marked down from 75¢c to 50c. One lot genuine camel’s hair shirts and drawers, reégular made, marked from $1 down to 70c. These goods are sold elsewhere for not less than $1.25. One lot fine all wool fancy striped shirts and drawers, full regular made, seamless side, satin iront, These goods we sold all season for $2.25; we have marked them down to $1.50. The goods are elegant and nothing the matter with them except that the stripe did not hap- pen to take so well. We guarantee them to be as good goods as are sold in other houses for from $2.50 to 83 each, Sweeping Reductions THROUGHOUT OUR ENTIRE STOCK THIS WEEK. All goods marked in plain figures and at strictly one price. Nebraska Clothing Company, Corner Douglas and 14th, Streets, Omaha. OVER STOCK COATS Owing to the lateness of the season we find ourselves overstocked with fine and medium priced overcoats, and in order to reduce the quantity we propose to sell most of them within the next 10 days, and have made prices that will insure a speedy sale. For instance: T —— v ; e $ 8.00 Our $15 Overcoats now go for.... q:u‘ 8 gO\crc‘?nts now gz‘)‘!ol ; Hhy JUEeL 0 g4 | : « g “ “ 6.00 « g « BE ¢ 10 8 R .. 760 ‘We have reduced in the same ratio all our Fur and Fur Trimmed Overcoats, and if you need one you will find this the best opportunity yet offered this season. "We-have had such a grand success of our $10 SUIT SALE that we have just added a few more styles of desirable suits that are selling at other stores all the way from $14 to $18. We place them all in one lot and sell them all at one price, $10. ‘We also have a flne and large assortment of nobby styles in suits which we are offering at cut prices. We Really Have no Gompetition in our Boys’ and Children’s Department. for our line of Boys’ SBuits and Overcoats is very complete and our price of $1 for a nobby boys' jacket and pants, in ages from 4 to 13 years, is hard to beat anywhere. The New York and Omaha Clothing Company, One Price Clothiers, Furnishers and Hatters for Men and Boys, 1808 Farnam Street, DR. HORNE'S Electro-Magnetic Belts ! ; The Grandest Triumph of Electric Science— o Mt Scientifically Mado and Practically Applied. : Z "3htu, DISRASES CURED WITHOUY MEDICINES. L PUE YouEEy Display at their warerooms, 1305 and 1307 Farnam Street, the largest assortment of Pianos and Organs to be found at any establishment west of Chicago. The stock embraces the highest class and medium grades, including ivery one genuino and used isslon, N follow] R R R i PIANOS e ) kel g FISCHER, LYON & HEALY 5 e BURDETT Br, HORNE'S ELEOTRO MABNETI BELT et stotep sy STANDARD, | I [ NORUES BLEOT M0 RELY S —_—————— —-————ORGAN LYON&HEALY e pbu Al bR 18 Nours out of .E‘L‘ ifhophine ) dedptran dvuivn of By ety VN Rl oty St piin A et "l A e R e S v Prices, quality and durability considered, are placed at the ANE'S ELECTRO lowest living rates for cash or time payments, while the long established reputation of the house, coupled with their most liberal interpretation of the guarantee on thelr goods, affords the purchaser an absolute safeguard against loss by possible defects In materials and workmanship. LYON & HEALY, 1308 & 1307 FARNAM STREET: ave y P, """.-‘}'fl" g fon 7, Ontarre Biles, Egic m«:,“fl' c‘?u.;s.ku it whaeTh i S WHEN ALL ELSE FAILS. DEWEY & STONE, FURNITURE. A magnificentdisvlay afeverything useful and ornawmental in the furniture maker’s art, at reasonable prices. MASON'S PATENT RUNNER ATTAGHMENT Light, 8trong and Practical. Dby thelr use your vehicle can be quickly transforined futo & comfort- able sleigh, Made at MASON'S CARRIAGE WORKS, | DAVENFPORT, IOWA. Tor Bale by Dealers - Everywhere,