Omaha Daily Bee Newspaper, January 7, 1891, Page 5

e e L THE OMAHA DAILY BEE: WEDNESDAY. JANUARY 7. 1891, THE LOCAL RAILROAD WAR. | | powers finplied th exclusion of all others Attorneys fmith and Thurston Present the Union Pacific Ride of Case, THE MILWAUKEE'S CONTRACT REVIEVVED, Ed Dickinson as General Superintend- ent of the Union Pacific—-Work on the New Depot—Drope ping Deadheads, At the morning's session of the W' Union Pacific injunction federal court the larger than Monday. waukee- cuse in the attendance was cven Among those Spresent were noticed Judge Clarkson of the district court and Thomas L. Kimball, After hearing o few minor mattors Judgs Dundy directed the defenso to procecd with their aveument, Mr. E. P. Smith, assistant noy of the Union general attor. Pacific in Nebraska, opened the argument. ko said. that, afte the able argument of Mr, Poppleton, he should approach the case tremulously, if it were 1ot that he felt strong in the con sclon s of right. Ho knew thav ho was opposing counsel of nationul reputation, bu he felt that the cause he supported wis a just one, and he was eucouraged by the Imowlege that right must prevail, “What is there in this caso, your honor, to cause it to be taken out of a courtof lu which can gve full and ample compensation, ton court of equity which cannot giv relief’ There s no evidence to that the Union Pacific is unable to meet any judgment which might bo obtaine against it, therefore tho plaintiffs n thi tion have ' full remedy at law for a violation of the contract and have 1o causeto seek 1o lief at the hands of a court of equity.” Mr. Smith th id that, coming to the ! question in the case, the Uni Pacific ~ was merely tho agent of the governmont. Quoting from the proccedings of the Wisconsin courts to show that the corporations cun- not make contracts in violation of their chart ers, he took up the charter of the Union 1a cific, claining that it showed that the road was built for the purpose of bind- ing the Atlantic to the Pucific, thereby keeping tie Paciflc states within the union, and also for vostal and military purposes, By the act of July 1, 1562, the Union Pacific was ated a corporation and authorized to locate, build, vceupy and enjoy a continuous hne of railroad— not, he claimed, to enjoy the road in common ' with some other corporation or individual. but to occuny and enjov it exclusively. One scction of the charter authorized the construction of a siu- alelineof track from the western boundary of lowa, and the eastein terminus was ther by fixed at the eastern bank of the Missour river, not one and a half milcs sonth on the west bank, and no one hiad the right to move that terminvs one inch west of the east bank of the viver. The speaker therefore held that the castern terminus of the road was in Council Bluffs and that the bridge was a part of the line of the road tho same as thongh the river was not thern and the road ran_across the prairie directly to Council Blufts, He guoted from a decision of the snpreme court in support of his posi- tion on his point. Another section of tho charter was read which stated that the object of the road was to premote the public interest and welfare and to sccare to the government at all times the uses and benefits of the road for postal ‘and military purposes. All this, it was ¢lumed, was 1nconsistent with Eiving to the Milwaukee the useof the bridge orany other part of the road. It was made tho special duty of tho road to transmit dis- ‘patches, troops, munitions of war, otc., and 1o purt of this duty would be delegated to wnother road Continuing, the speaker said the act au- thorizing the construction of the bridge con- templated its eomstruction for the conven- ience of the road as & means of crossing the river and not as a conveuience for other roads, Counscl reforred very briefly to the ques- tion of tolls, quoting from_the act author ing the construction of the bridge, which gave the company the right to collect tolls from wagons, ote. = He held that this sup- ported the position of the road in the present case. A Roferring the road, again to tho charter of Mr, Smith said the Union Paclfic was given the power to make Dy-laws, and the said by-laws gives the board of directors of the road control over all its property to administer the same, as agent of the government, as roquired by 'the charter, but without going outside of the provisions of the clrter, These powers, he claimed, were granted for public aud not for private purposes. ‘Tho corporation was only the agent fur tho government; it had no author- ity to tie up the road for 9 years. No one would say what might happen in that time. It was practically turning the road over to the Milwaukeo permanently. *If the directors «could tio up a part of theroad in_that way they could do the same thing with all of it. Without distinctive logislative authority they would not couvey or lease any franchise or property. Referrivg again to the contract Mr. Smith insisted on calling it a lease and stated that an old principle of law allowed the parties to a contract to put theirown construction on it and the courts upheld them in it. The leaso in controversy gave a foreign corporavion the right to run over ana occupy tho line of the Union Pacific for 099 years. This was practically an unending contract except at the will of the Milwaukee, which had_the rightto @ release from it by giving thive years' notice, but the Union Pacific was held fast and was given no power 1o revoke thelease. o denied that the Union Pacitic ained full and_complete control of the road and bridge. The Milwaukee road was bound to pay a proportion of the operating expenses and the time cards, and the run- ning of the road was' to be decided upon by Doth parties to the contract. He quoted fully from the contract to support these statoments, Concluding, Mr. Smith_demanded to know what rights the directors had to renounce the rights of the government, aud surrencer tho racks of the rond to another corporation. here was no necessity for stop- ping ot one mile. They might as will make a contract for ten milos us for_one mile and 5o ou to the end of the road. There was nothing to prevent the Milwaukoo from building elevators along the lincof the Union Pacific and putting in sidotracks of its own. The Milwaukee pretended that there was business in South Omaha, which it wanted to reach. The speaker held that it was tho duty of the Union Pavific to get. that_busiuess for itself, In conciusion, Mr. Smith held that the Union Pacific had no right to_make such a contract, and that the Milwaukee bad no more right. to transgress the lw than had the Union Pacific. He charged that the at- torneys on the other side knew that the law was being violatod, and that _the men who made the contract wero violating their obli- gations. The speaker claimed that round for pleading the doctrine of estoppel n the United States court, and wound up by quoting numercus authorities to show that the company had no right to surrender the contrel of its rord, At tho conclusion of Mr. Smith's argument court was adjourned until 2 o'clock. When court opened in tho afternoon Jolin M. ‘Thurston took up and continued the ar- gument on the part of the defense. Heo said he had never realized 5o strongly that he was an advocate as when he cou- fronted toe distinguished counsel now before him. Ho was sorry, ho said, for some re- marks which Mr. Poppleton had made iu his argument. 1f strangers had_como in while the gentieman was talking tbey would have supposed that an indignation meeting was in rogress, in which the citizens were giving o rein 1o cxpress their. foolings. agunet s common evil. In spite of his admission that tho contract was properly signed, Mr. Pop- pleton had devotea fully” one-third of his ar- gument to show its validity, Plunging ot onco iuto his subject, Mr. Thurston said thero was no provision in the charter compelling the Union Pacifie to con- nect with any other road at Council Bluffs or at any other point, except under direction of the United States, both as to place and terms, ‘This clause bad been inserted in the charter, hesaid, to prevent the Union Pacific from frittering away its rights, and to place it di- rectly under the control of the government in caso of war. DHe iusisted that the rules on which the thero was no N+ case must be decided were finally settled. | use of ten miles of the main line of the Union The law on which the case rosted was that the charter of a corporation is the measure of its power, and that the cnumeration of those uless the other side showed some provision anthorizing such a contract as theone in question, it was void and ultra vires. The speaker took it for granted that the other side would admit that the Union Pacific would not turn over to the Milwaukee or any | other corporation the mght to operate its road from Council Bluffs to Ogde or even to Cheyenno or Fremont, but they said, in effect, that they had takén such a little of the 1 that it was all rignt, aking up the contract in ques Thurston ciaimed it was a cor act Mr. on, for. It was not a contract for termi bnt was & connecting the Milwaukee road ten miles of the track of the Union Pacific to reach the point whero the Rock Tsland_tapped the Union Pa- clfie, thus giving the Milwankee and Rock Island a through line through a country now occupied by the Union Pacifio. 1f there was the power to grant a_contract for tho use of the ten miles of the Umon Pacific, what was to provent the latter from giving to one or a dozen roads the use of the whole road He stated in reply to blr. Poppleton’s ques- tion of what would become of Omaha if the contract was abrogated, that the execution of this contract would place three dictators over tho brideo and would prevent the Union Pa- ciflc from granting the right toany other road to come in Omaha over the bridge, and would effectually shut out all other castern rouds. Itofering to the contract, Mr. Thurston charged that it was alease, in which tho Milvaukee aud Union: Pacitic were to have the joint use of the track. The latter was csted of all power over the movements o former’s trains, and was bound to be gover the forrer in the movement of 1S 0w It had surreundored the right to trains and collect toils, which it clearly had no right to do. This action of the roads Mr. Thurston il lustrated by saying that it was the same as though the Union Pacific had acow and placed two of her teats in the hands of the tock Island. and two in tho hauds of the Mil waukeo. Judeing from the present case the two latter roads would say the Union Pa- citle still had the cow. Would you deny that you got any of the milk, asked Mr. Poppleton. “1f we got any it would be skimmed milk of the poorest kind,” retorted Mr. Thurston. Counsel on both Siaes then indulged in sev- minutes of repartee which caused gen- al laughter, Resuming, Mr. Thurston pursued the same line of argument, namely, that the Union cific hiad no more right to give to the Mil waukee the right to operate ten miles of its road than it had to turn over the wholo road He remarked that if the Milwaulkee had pro posed to turn over to the Union Pacitic all the tolls coltected for passengers and freight lic ten miles in question tho latter might be satisficd. Mr. Thurston then took up the authoritics presented by Mr. Poppleton in his aveumont, and claimed in each case that the findings of tho court, were capable of @ construction dif- ferent from that placed upon them, Tn summing up, Mr. Thurston said it was rery evident that the' Union Pacific had no power to malke such & contract as tho one in question, He then referred to the charge that the Union Pacitic was in_contempt and had no standing in court. He said the plaintiffs al- mitted that they had mo lcase, and conso quently they were merely running their trains over the defendant’s tracks, The Union & cifio had taken advantaze of a time when no cars of the Milwaukee were on the teu miles of track iu_question and simply locked the plaintiff out. Ho therefore bLeld that the Union Pacific was not in contempt of the United States or any other court, as the act of barring out the Milwaukee had been per- formed before the issuance of the order by Judge Doane, whicn order had not been vio- lated since the removal of the case to the United States court, Mr. Thurston stated further that there was no claim that the Union Pacific had taken or heid a dollar's worth of the Milwaukee's property, or had used any violence. He thien read an_opinion of the sapreme court in # similar case in which the court held that there was no_power to compel a party to a void contract to abide by the terms of the contract when it saw fit not to _do This, he claimed, was an opinion bearing directly upon tho present he charged that the other side was have the court compel the exceution ofa contract, for the reason that the Union Pa- cifichad submitted toit for a certain He held that the action for contempt c not be, as the coutract was void and the Union Pacific was not bound to abide by its promises. Mr. Thurston dwelt at length on the fact that_ ull the conditions of the con- tract changed except the compensation, The country would_improve, the business would increase, and, in fact, everything would grow except the price for the use of the road, In closing, Mr. Thurston repeated that the case hinged upon the point of whether the Union Pacific had the right to turn over to another corporation even the smallest part of the road. Referring to the statement of Mr. Popple- ton, that the abrogation of the contract would operate to the disadvantage of the city of Omuha, Mr. Tnurston said he might say that the carrying out of the con- tract would be the worst thing which could happen the city, as it would prevent the Union Pacific from ‘ever allowing eastern roads to enter the union depot, as 1t would be bound to the Milwaukee and Rock Island roads and could not do_anything with- out the consentof both. Mr. Woolworth here asked Mr. Thurston how his company proposed to contract to admit eastern road: into the union depotover the tracks and bridee of the Union Pacific, Mr. Thurstou replied that he did not think his comy ad the power to make such o contract, Being asked by Mr. Poppleton if the Union Pacific would comply with the ordinance of the city and the condition under which the vonds were voted for the viaduct, Mr. Thurs- ton expressed the opinion that the company had nolegal right to make any such a con- tract, but he had no doubt that it would be o to give sullicient bond to guarantee cam- ance with the terms of the agreement re- ing the admission of other roads to the depot. Continuing, he said that in his _opin- ion it would be the best thing for the Union Pacifio if the proceediugs now being had, to provent the delivery of the bonds, were suc- cessful; it would be to the advantage of the Union Pacific company. Bringing up the question of contempt again, “Mr. Thurston quoted authorities to show that the power of an_equity court to punish for contempt was limited to the pun- ishment of u disobedience of an order of that court, and not an order of somo other court. Also that the power of the court was limited to tho acts committed after the order was issued. He therefore beld that, us no order had been issued by the United Statos court, the Union Pacific could not be in coutempt in that court. This closed the argument for tho defense, and Judge Waolworth will reply for the plaintiff this morning. Pocific rond, nal facilit ik whereby might use ny DICKINSON CALLED BACK, He Can Be General Superintendent of the Union Pacific—Rail Notes. Ed Dickinson can have the general super- intendency of the Union Pacific under S, H. H, Clark if he wants it. 5 A report recently gven currency, that Dickinson has been tendered the position, has been confirmed, and the matter now rests with him and the chances are that he will accept the offer, Gradually the local officials are beginning tolearnof tho plan of Gould and Clark for the management of the system. One of the headquarters men, in- authority, outlines the plan as follows “Clark will be made_first vice president at the anuual meeting ln May and Mr. Holcomb will become general manager. A geneval superintendent will bo appointed with full chargs of the operating dopartment,a general traftic manager with authority in all matters pertaining to traflic affairs and a division superintendent to succeed the present gen- eral managers of the various divisions. “The coal and stone departments now under two general managers will be abolished as separate institutions and transferred to the trafic department. This will let Teb- betts and Rhoades out. *“Thomas L. Kimball, one of the best trafic men in tho country, can be general traffic manager if he will' have the position. He is getting along in years and may not want to eogage in such ‘an active position, still the work is 0 bis liking and bo may accopt it." Work on the Union Depot. Tho architects of the new uuion depot have propared a statement of the money ex- | city, Febru pendod on the construction of the new union dopot. It shows _that, exclusive of work on the viaduct there have boen §159,000 expended on the dopot, or &3,000 more than the amount required by the company’s contract_ with the city as a preliminary to the surrendor of the $150,000 in bonds to the company. Dropping the Dead-Heads, Some persons who were wont to revel in freo railroad passes will not revel so much as usual this year. The recent agreement on- tered into between the differant western lines will be strictly maintained, General Manager St. John of the Rock Island having been se- locted to see that the agreemeat is enforced. Mr. St. Joha has appointed E. P. Riple; H. Newman and M. C. Markham to lim {n the work, The mgreement say annual or time transportation _shall not he is- sued to oficers of the Grand Army or Sons of Voteraus or to ofticers of the relief corps of either organization, No passes will be is- 1ed to employes of foreign roads except upon requests of officers, and half-fare per. mits will be limited to the state in which the requests for them aro make. The lines also agreed 1o issue no passes to the world's fair commissioners or ofiivials of street railways or cable companies. Notes and reonals, W. D. Sanborn, Pacific const agent of tho Buriington, is in the city. Assistant General Passenger Agent Scott of the Union Pacific and General Passenger Agent Francis of the Burlington are in Chi- cagzo attending a meeting of the Western passer.ger nssociation, Cho following certificato excursion rates have boen authorized: Nutional farmers’ al- liance, Omaha, Neb., January 27 to 98; Na- tional'Association Mastor Composition_Roof- ers, Pittsburg, Pa., January 27 to 28; Na- tional Association of Buildors, New York 'y 810 13, 1t is now probablo that the troubles exist- ing between the Chicago, St. Paul City and the Kansas City, St. Joseph cil “Blufts railronds will be amicably and that in a few days the St. Paul road will bo running its trans iuto the St. Joseph u_depos over the tracks of the Kansas City, St. Joseph & Council Bluffs road. weary, achirg lame- diseased lid- Uso the best kidney curative known, which is Burdocl blood bitters, s e PROPOSED OROUK MONUMENT. A Communication from Mayor Cush- ing on the Su support of the propcsition to ercct a monument to the memory of General Georgo A. Crook, Mayor Cushing has transmitted the following letter to the city council : OMana, Jan. "o the lonorable Councll, Gentlomen would resp Iy suggest the appointment of u subject to your approval. d of the following named gentlemen, Joln 8. Collins, J. A. Crelghton, G, W. Lininger, J. M. Woolworth and George L, Mil- ler, to draft plans and specifications and sub- mit them to you for approval together with the probable cost. The work of this commit- toe will bo to ke Into consideration the er tion of n sultablo monunent i some fit. plic in our city—for Instance Jefferson sauare—to commeniorate the life and services of the lato G orie Crook, It is needless to in this connection that apart from the debt of gratitude. the entire country owes General Crook for his distin- gulshed vices as patriot. and soldier the citizens of Omaha uro under spocial obliga- tlons to him. To lis unequaled cournge and sugucity are we indebted for the cstablish- mentof pe: and_ security througnout th Vorders of ‘e g west in the past which made possible the marvelous growth that In- spires’ the prospority and groaticss of our clty. Here, too, in our midst he passed many yoars of his lifo, stronely identified In thought and sympathy with all our coneerns, Tt scoms tome, thorofore, poculiarly proper thit we should in the manner snggested ovi- dence our appreefation of his vice: that we shouid in fitting form commemor his gallant deeds, and T belleve our effo; will meet the hoarty and substantial support of the people of our city, L sk the hearty cooperation of the council inthis undertaking, Very respectfully. R. 0. CUSHING, M e Mountains of Coking Coal. There are mountains of excelley coal, and two large iron fields at Col oking nidad, - Tickets at lowest rates and su perior accommodations via the great Rock Island route Ticket office, 1602—Six- teenth and Farnum streots Omaha. Lt The License Board. The fire and police commission met yester- day afternoon as_a license board and granted licenses to the following saloonkeepers : John Morrissey, 74 South Thirteenth street; Charles A. Koblmeyer, 1302 Dodge street; Fraok O'Rourke, 2630 North Sixteenth street; Gotleib Wuetrisch, 1722 St Mary's avenue: Henry Rohlff, 2056 Poppleton ave- . Kasper, 1422 South Thirteenth Thomas Cummings, 3524 Sherman avenue. A license was refused August Schultz, at 123 North Eleventh street, on the grounds that he had kept a tough and disorderly place and had violated the Sunday closing law. There was a protest in the caso of Charles Nieber, who keeps a caloon at the corner of ‘Penth and Capitol avenue. Tho complaint was to the effect that Mr. Nicber keeps his windows obstructed by blinds, and that_he had violated the Sunday closing law. Ser- geants Sigwart and Whalen stated to the board that they saw men going in and out of the back door of Neiber's saloon at 1:30 one Saturday night in October, 1800, Mr. Nieber's certificats of publication furnished by the World-Herald was put upon the vack also for the reason that it did not state that the pubh- cation had been in the paper having thelargest circulation. Some members of tho hoard wanted to hold tho applicant strictly to the requirements of the law and demand that his saloon notico be published in Tk Bk, as the question_ of eirculation had been fully determined and the board had de- cided to accept no certificates of publication excepting those from Tre Ber; but other members of the board claimed that Mr. Nei- ber had mserted his notice in the World-Her- ald in good faith, believing, no doubt, that he was advertising in the paper of the' largest circulation, and ing that the matter had not been definitely decided by the board atthe time Mr. Neiber inserted his notice, tho board decided to accept his certlficate as a fulfillment of the law. in the case of Frank O'Rourke, 2620 North Sixteenth street, there was a protest filed which stated that several men had been sec m there on Sunday during the month of De- cember last engzaged in a game of cards, The bourd took the case under advisement and ad- journed to meet at 2 p. m. today. ol 1602. Sixteonth and Farnam streots is the new Rock Island ticket office. Tick- ets to all points east at lowest rates. Aupsaodaadily An Insurance Sult, The case of the state against the’ Nebraska firo insurance company, sprung by Mr, Johinson of the Phoenix company, was called yesterday in police court. After Moriurty had introduced evidence to show thut tho company had never complied with the law and several members of the company had been esamined upon the filing of the articles of incorporation and other documents, Mr, Hall surprised the plaintift in the case by submitting a_certificate from the auditor stating that the stock of the com- pany Lad been examined and found satis- factory, and authorizing the company to pro- ceed with business, Moriarty still maintained, however, after recovering from his surprise, that tho com- pany had never filed a cortificate with tho auditor showing that the capital stock was the bona fide property of the company. Mr. Hall claimed that such a thing would be absurd after the auditor had stated that the evidence of capital stock was satisfac- tory. Upon this point Judee Helsley said he should take some time to decide, and the case will rest until the judge has time to look the mutter up aud reach a decision. —_————— The itching of the scalp, falling off of the hair, resulting in_baldness, are often caused by dandruff, which may be cured by using Hall's Hair Renewer. e The only railroad train out of Omaha run expressly. for the accommodation of Omaha, Council Bluffs, Des Moines and Chicdgo business is the Rock Island ves- tibuled limited, leaving Omaha at 4:30 p. m, daily. Ticket office, 1602 Sixteenth and Faroam sts,, Omaha CAPITAL, FRON THE STATE Charles B. Johuson, ‘Under fentence of Death, Appeals t tho Supreme Court, A MANDAMUS SERVED ON THE GOVERNOR. The Lavender Case Revived in the District Court—Supreme Court Procecdings—~indian War Notes—Lincoln News. Liscovy, Neb., Jan. 5.—[Special to Tue Ber.] -Charles Johnson of Nemaha county, who is nnder sontence of death for murdering James Whiteman June 16, ap- vealed his case today to the supreme court. T'his is equivalent to a stay of exccution aud the time of hanging will bo indefinitely post- poned until the court passes on the matter. THE GOVERNOI MANDAMUSED, Charles &, Lobinger, bailiff of the supremo court, served a peremptory writ of manda- wus this afternoon on Governor Thaye Cow Auditor Bonton tate Treasurer Hill and the board of state canvassers, commanding them to as- semble at once and count the votes cast in clection for judge of the Sixth judicial dis- trict. INDIAN WAR NOTE: Max E.Vertel of Cronicston,Cherry count writes to Representative Free that the peo- ple in that section are nearly scared to death, and are leaving in inrge numbe He urges Mr. Frree to sco the governor, and if possiblo secure arms for the citizens, Governor Thayer suys thal ho has received s0 many offers of military assistance that ho finds Kimself unable 10 acknowledgo each offer individually, and asks that the press thank the gentiemen for their kudness. The governor says that bo cannot use all the help offored, as he has not the military equip- ments necessary, Dispatehes received today George W. Martin, who is at show that the condition of the terror-stricke settlers who have fied into the towns for protection from the Indians is as procarious as e Adjutant General Cole hins received a tele- gram from the adjutant gencral of Iowa say ing that in response to the appeal of F. Rosencranz, sheriff of Sheridan county, to Governor Boies of Towa. that ho loan the citi- zens of Rushville what rifles they had to spare, that the request had been granted. All formalities were waived on uccountof the urgency of the case, aud thirty-oight stands of arms had becn sent to Rosencrans. G ernor Boies says that he has more to spare if desired. The citizens of Gandy, in Logan county, have been authorized by Governor Thayer to organize an independent military company for the purpose of bearing arms for drilling. GOVERNOR THAYER'S REPLY TO THE CADETS. In reply to tho offer of Lieutenant T. W. ith and tho battalion of the university cadets to go to the front for the protection of the settlers, Governor Thayer says: “I fully appreciato tho patriotic spirit which prompts yourself and the members of the battalion of the university cadets to tender your services to the state for service on the frontier agaiust the hostile Indians and I thank you for it. 1do not at present find it necessary to agcept the offer made, but if coming evenis require the aid of volun- teers, your battalion may be called in the field,” from Rev. Rushvill SUPRENE COURT, Court met pursuant to adjournment, Tues- day, January 6. The foilowing gentlemen wore admitted to practice: 1. J. Moore, esq., of Johnson county; J. A, Van Orsdel, \of Gage county; Heman K. Cartor of Loup county. Thompson vs Richardson drug company. Leave given plaintift to_file additional tran- script. . Aultman vs Schule, continued. Colby vs Parker dismissed. Motions were argued and_submitted in fol- lowing causes: Straube vs Cheney, Howard Vs Stewart, The following causes were argued and sub- mitted: Ackerman vs Bryan, Staker vs Be- gole, Bull vs Wagner, Stato vs Chichester, Rtice vs Gorum, Two cases. Court ad- journed to Wednesday, January 7, 1891, at 8:30 o'clock a. m. tate of Nebraska, ex Peak. Mandamus. by Justice Maxwell, Halger vs State, irror from Saline county. Aftirmed. Opinion by Justico Norval. TIE LAVENDER CASE REVIVED, Luke Lavender brought, suit in the dis- trict_court today against C, B. Skinner, claiming that the latter had defrauded him out of $1,200. Layender was formerly a large land owner in Lincoln. but was sold out under foreclosuro, Ho managed to secure enough to redeem part of the land, but Henry Atkins, D. G. Courtney, J. H. McMurtry and others who were the purchasers delegated Skinner to buy Lavender's claims. Laven- dor now claims that Skinner dian’t pay him all that was sent, henca this suit. e R Redhead & Co. of Des Moines brought suit in the district court today against Dayid Wiso and M, M. Lyon, Thoy olim that Wise and Lyon, owners of a book store in this city, have conspired to defraud them out of & claim they have against the estate of 1. C. Wise, who, they say, was a member of the firm when he died, a stitement which is de- nied by the present owners, They ask for an order of the court compelling tho sale of the store and the payment of their claim and a temporary injunction restraining Wise from selling the same. Their claim is for $427.23, ADDS I3 PROTEST, Rev. Ludden of the state relicf committee adds his protest to others azainst the insinua- tions i the World-Herald that Governor Thayerwas manifesting aninterest in the suf- feringifarmersjmerely for seifish political pur- poses.’ “I have seen the tears coursing down the governor's checks,” says he, “as he read the touching appeals for help. His interest in the matter has been a fatherly one. He has turned over atl the letters receivod by him on the condition of tho farmers in various sections and has not in_any way, as fur as 1 Kuow, stooped to political buncombe,” A GAME OF FREEZE OUT, George C. Shroyer complains to the distric court that Clarkson, his partner in the Clari son laundry company, is endeavoring to frecze him out by taking large anounts of the firm's cash and applying it to his own use, has manipulated the books and circulated re- ports derogatory to tho firm's credit. He wants a receiver appointed, and Clarkson be compelled to pay him $1,200, BEAT THE BANKERS, This morning the cashier of the Bank of Bennet caused the issuance of a warrant for the arrest of Charles B. Piorce on the chargo of getting money under fulse preteuses, It is alleged that Pierce secured a loan of 75 by representing that he awned certain chattels to which he had no claim whatever, A MINISTER SUED, Rov. Hewitt, pastor of the Holy Trinity chureh, is the vietim of & law suit in Justico Brown's court today., ‘The person bringiug tho action is Phofosvapher Guywitz of Omaha, and the fuss i4'over a matter of $10, Ttappoars that Guywits propared n dozon photoeraphs of the Interior of ' Holy Trinity church, but the wotk on the pictures was not up to the standard o that Rev, Hewitt ex- pected, and he declingd, either to receive the pictures or pay the §i0 charges, Hence the suit, rel, Brown vs Mo- Wit atlowed. Opinion STATE HOUR NoTES, Articles of incorporation of the following Nebraska enterprises wgre received today by tho sceretary of state!’ The Dawes business block company of Lincoln, capital stock $23, 00, The Pride of Georgia gold mine com- pany of Weeping Water, capital stock 81,- 250,000, the place to be worked for tho pre- clous metal being in Lumpkin county, Ga. Barren of Valhalla, Ponca lodge, a sccrot and benoticial society at Ponea. Today Goveruor Thayer issued the follow- Ing notarial appointments : Forrest P Kreitz, Lexington; G. E. Moore, Filley; Charles Blakeley, Beatrice: Michael Lyons, Emmett; Sandy C. Clark, Lincoln; E. .. Stout, Lin: In,*John Tougue, Stromsbure; W. A. Mat- teson, Osmond;; C.' L. Richards, Hebron, ————— Patents to Western Inventor Wasmixaroy, Jan, 6.—[Special Telogram to Tue Bee.]—Patents were issued to the following inventors today : Nebraska—David E_Summer, Franklin, cleaning composition. lowa—Christopher C. ¥. Brandt, Musca- tine. enamelllig photographs and other prints; Beajamin G velope; Andrew Chezem, a to A, J. Huntloy, Sergoants tachment ; John J. Cook, Col end gate fastening; Goorge E. Digon, Beacon, A, Keen, Bagle vi B, Lancaster, Massil Horatio B." Morrison, ' Britt, rock Rice Render and C. W, Weinland, Primghar, runniog gear for vehicles; John . Whitaker, Davenport, horse training har. ness; Johu H. Whitaker, Davenport, rond cart: Matthew Wiison, Morrison, ditching muchine. South Dakota—Ct A, Ostrom, H. H. Thullson and 8. C. Wampier, Custer City, clothes pin, Buttom, Waterloo, en- uor of one-half affs, bridle at- mbus Junction, mor Nebraska and lowa Pen Wasiixatox, Jan, 6.—[Special Telegram to Tur Bre.|—Pensions were grauted today to the following Nebraskans: Original Abram Wampols, Onl; Thomas Copeland, Diller; Joseph B, Ballarman, Nobraska City Jucob Bennett, Lincoln; William Backham, Okay. Additional—Thomas Fisher, Kear- Lane Rice, Lexington; Charles M, ofield; John K. M, Tood, Kear- Baker, Uarroll, Reissue and in- carge W, Littell, Plerce; David H, cumseh, lowa: ~ Original—Nathaniol Allard, Perry; Martin L. Wiiliams, Council Bluffs; Moses L. Bemis, Sioux City; He Cable, Gris- wold: John J. Bufiington, Salem; Joseph I, Bodn: Cedar Rapids; Eaward Bailey, lowa alls; 'Hirvam Carter, Sorgesut Bluffs; homas 1. Brown, Delta; Washington Boo- ton, Hamburg, ~Additional—Joseph. M, B Amos. Increase—Calvin 1.~ Jones, Nushua; George W. McCall, Runnells; Ole A. Andcrson, Decoral ; James I, Robb, New- ton: William Britton, Bridgewater; James McMorrow, Whatehecr; William T, Bury Mount Plénsant: Joseph Kirk, Reissue—John Clag or: Willi ringer, Columbus City; Parley Inman, Grin- nell. Reissuo and increase -William ilydin ger, Riverton. Original widow—Lettio A., widow of William'A. Hays, Seavsborough, WHAT CUBA DE crease Henr; HANDS, A Numboer of Changes in Tariff Desirable. an. 6.—|Special Cablegram to Tue Bee.|—The statement is made that in the report presented to'the government by the Cuban delegates a roquest is made forthe suppression of Cuban export dutics, & roduc- tion of nav tion dues and a modification of various other dutios. Itis also stated that the delegates desire that when the auestion of aveclprocity treaty between Spain and America relative to Cuba is discussed, the auty on sugar imperted from Cuba may not be raised, aud that in return for this tho du- ties on potrolenm and other American pro- ducts be reduced. They also seek a free salo for Cuban tobacco in_ Spain, The govern- ment_is closcly examining the whole sub- ject prior to entering into negotiations for a treaty of commerce with America. Delegates from Cat the principal manufacturing province of Spain, have ar- vived here to urge the right of that province tobe heard before the government begins negotiations with the United State Cable Fiash Germany has officially recognized the Bra- zilian republic, Deaths by the Worley, England, schoo disaster now number nine, Timothy Healy has_loft Dublin to confer with Mr. O'Brien iu IParis. Messrs. O'Brien and Gill have started from Pars for Boulogno sur Mer. The linbilities of F. I. Dubat & Son, the iled Dublin bankers, are $000,000. Emperor William has sent to the sultan of Turkey a present of a jeweled sword, Russia forbidden the enroliment of Hebrows s barristors and the expulsion of those already enrolled. The body of the late_ Alphonso Poyran was yesterday incinerated in the erematory at tho cemetery of Pere la Chaise, Paris, Plantilla Massai, an Italian author, has been arrested at Trieste for writing irre- dentist articles for a Fiorence journal. The Diara official at Lisbon_has issued n decree announcing an extra credit of 100 con- t0s of reis for the Mozambique expeditior One hundred delegates, representing 1,000 societies of soculists, held a conference un- der the auspices of 'Cipriana yesterday at Cape Lago, Switzerland, Tho warchouses at the Quai San Lazzare at Genoa were destroyed by fire yesterday, Two thousand bales of cotton were burned. The total loss will be very heavy. M. Morye, a republican, has been elected to the Erench chamber of deputies from Saiot Four inplace of M. Mary Raymond, the absconding banker, who was unseated. A Paris paper learns that the Germans and Portuguese in East Africa are in dispute bout the ownership of conl mines in the Rovuma district, which divides tho respec- tive powers. Spain’s Mapuin, ARl T O'Brien Says it Was a Fake. [Copuright 1891 b James Gordon Bennett.\ Pans, Jan. 6.—| New York Horald Cable— Special to Tie Bre.]—William O'Brien has issued the following statement : It really seems useless to take any further notice of the inventions of a scction (I hope a very small section) of modern journalists, but 1 find 1t necessary to say for just this onco more that the statements attributed to me in an alleged interview in the New York World are pure fiction. The correspondent of the World attempted to entrap me into an inter- view by telling me that he bad just received a telegram stating that in an_interview with a correspondent of the New York World that worning Parnell had stated that he was will- ing to retire fron: the leadership of tho Irish party if 1 were elected in his stead, I stated that T had no observation whatever to offer on thesubject. I suspected that the state- ment made to me by the correspondent was false, and_having ascortained that it was so 1 declined to make any further statement whatey WiLLias O BuieN, A $72,000,000 Estate. CmicAco, Jun. 6.—[Special Tolegram to Tur Bree.|—Judge Kohlsaat this morning admitted to probato tho will of tho lato Henry Field, which distributes an estate es- timated at §i2,000,000. Letters testamentary were issued to the widow, Mrs.! Florenco Lathrop Field, Marshall Field, a brother of testator, and Byron Lathrop, brother-in-layw, The estate consists chiefly or realty, and the personal property includes bonds,’ stocks, paintings, furniture, and horses and car. riages. The testator bequeaths £25,000 to cach of his two_ sisters, Mrs. Laura Field Dibblee and Mrs. Helen Field James, - Then is bequeathed to the widow' the household furniture, ornaments, works of art, horses, residue of the 'estate i3 ised to the widow, Mrs. Iield, and Mr, Lathrop in trust for tho children, Minua and Florence Field. e Accident on a Naval Vessel. Gixoa, Jan, 6.—[Special Cablegram to Tuy Bee.)—An accident which may bo attendea with fatal results has occurred on board the now steel torpedo ram Vesuvius, From the roports which the naval officers have given to the public it appears that a steam-pipe suddenly exploded, severely injuring two en- gineers and live stokers, Further informa- tion is refused, as the_accident is to be made the subject of ‘an offieial investigation on part of the naval authorities, The Vesuvius 4,530 tons displacement, carries two ive-ton guns and has 7,700 Lorse She was launched in 1586, phcatiots < A Colored Woman's RicusoN, Va., Jan, 6.—[Spe to Tue Bee. | —Judgo Blake, in the chance court, has handed down a lengthy decision in the celebrated case of Bettio Thomas Lewis, colored, who claimed the estate of her woite father, 'W. A. Thomas, deceased, valued at £240,000, ‘The court held that 'she was en- titled to the property. The case will be token 10 the supreme court, power. Left the Natfonal Club, Dunriy, Jan. 6.—[Special Cablegram to Tue Ber.)—Michael Davitt has tendered his resigoation as & member of the National club. In connection with this it is aunounced that Mossrs. Parnell and Harrington are seeking an eloction to the club, Flunkit on Parnell, Dusriy, Jan, 6.—(Spocial Cablogram to Tug Ber.]—Archbishop Plunkit, iuaddress- 108 the Protestant alliance in referenco to the Parnell crisis, said that God In his myste rious dealings was vindicating tho majesty of the law of the land in_bringing just retribu- tion upon an unholy alliance, The church of Rome had itself to blamo for raising the sceptre of anarchy, which is now found hand to l; Still Protestants wero unable to re- jolce at the weakening of a priesthood called upon toquell the juroads of immorality aud anarchy | Dismussed for Want of Jurisdiction. | Coxcoun, N, H., Jan. 6,—The closing argu- | ments in the case of Houso Clork Jewett were | made today and the court dismissed tho caso against bim on the ground of want of juris- diction. This decision leaves the entire mat- ter of making up the roll of the members of the house in Jewett's hunds, and the admis- sion of “if entitled”” members will rosuit in the election of "Tuttie (republican) for gov- ornor and a republican Unitod States senator. - The Forsythe Murder Trial Endoed. Macoy, Ga,, Jan. 6.-~The jury in the For- sythe murder trinl rendered a verdict finding | Luther A. Hall,Charles Clements and Wright Lancaster guilty of conspiracv and murder | and Loufs Kuight and John K. Clark guilty | ofconspiracy. James Moore was found not | guilty. The ju ended that the first | three defendunts be imprisoned for life, PERSONAL I, 3. Coil of Lyons is at the € A J. Fish of St T Rovert W. Day of Topok PARAGRAPHS, ton., H. O. Watsonof KKearnoy is at tho Mil lard . . Hubbard night. J. W. Kelley of Case J. W. Kerns of Auburn s in the city. at the Cascy, John chants. N. B. Gridloy of Elwood was at the Casey last night. K. O. Ttice of $t. Paul was at the Paxtou last night €. L. Smith of Chicago was at the Murray last night, John W. tho Millard. A.N. Brown of Beatrice is the Paxton. C. R. Ringbiel of Milwaukee is fn tho city, at the Murray. ¥, E. Tod of Clevolaad, O, Is fn at the Millard. W. S. New of Kansas City was at the Mil lard lnst night. W. R. Denton of Tobias was chants last night. E, L. Dodder of G at the Merchants, R. V. Yates of Y tered at tho Murruy H. C. Cook of Sioux City was in thec last night, at the Merchants. Fire Chief Galligan is rapidly rocovering from his recent illuess and is ublo to sit up for a short time Unless he meets with an unexpected relapse he will soon be able to be out of doors. 1. A. Nash, general agent of tho Milwau- kee, it confiied to nis home by sickne: Thé Union Pacific-Milwaukeo diffieulty kept him at the transfer much of the time both day and night for tho past. week, aud the un- due pbysical strain woro him out. Buffalo Bill (Hon. W. F. Cody) returned Monday evening from a flying tripto Lincoln, where ho went 0 consult with Governor Thayer with reference to thelndian troubles, and loft yesterday at 9 o'dlock_over the Fremont, Ellhorn & Missouri Valley for Rushville. Mrs. Cody is the guest of Mrs, Canfleld, 211 North Eighteonth street, bu: will leave today for her home at North Piatte. was at tho Paxton last Grana Island is Sexon of Springfield is at the Mer- of Chicago is registered at in the ci the city, at the Mer- and Tsland is registered ikton, S. D., is rogis- NSWIFT'S SPECIFICS. §. 5. o' CURED ME ENTIRELY OF \ LMERCURIAL RHEUMA- O \O\TISM AFTER 1 WAS . MADE PHYSICAL @ \Z\a wreck. o \X\UNO. H. LYLES, heslire SORENTO, ILL. $1.000 WILL BE PAID TO ANY CHEMIST WHO WILL FIND ON ANALYSIS 0F S#IFT’3 SPECIFIC S. 8. 8., ONE PARTICLE OF MER= CURY, 10DIDE OF POTASH OR ANY POISON- 0US SUBSTANCE. | WAS CURED BYSWIFT'SSPE- CIFIC 8. 8. 8. OF THE WORST FORM OF BLOOD POISON. D. H. KAIN, '!LVENNON L Z>HUMPHREYS’ VETERINARY SPECIFICS For Horses, Cattle, Sheep, Dogs, Hogs, | AND POULTRY. 500Page Dok en Trcatment of Animals cungs( Fevers,Congentions,Inflammntion 'A.iSpinnl Meningitis, Millc Fover. Strains, Lameness, Rhieamotism, Nuual Dischargose Wormn, 0@ g.j" Tinary ruptive Disenses, Munge. K =-Disennes of Dig dralysis. Single Bottle (over 50 doses), - «60 » with Specifics, Manua) B ARy Curb 1 i, HCAIRGtor: " 8.00 Jax Veterinary Cure Oll, = = 1.00 521d by Drugslsts; or Sent Propald anywhero and in ahy qUAALILY on Roceipt of Price, HUMPHREYS' MEDICINE CO,, Corner William and John Sts., New Yorl BUMPEREYS’ HOMEOPATHIC SPECIFIC No.ZB In uso @ years, Tho only mccessful Temedy for ervous Debility, Vital Weakness, and Prostration, from® over-work or othor causes. $1_per vial, or & vials and large viel powder, for $5, SOLD Y DIUGGISTS, OF Gont postpald on receipt of price~HUMPHREYS' MEDICINE CO., Cor, William and John Sts., N. Y. BLIZZARD CREEPER,. o lce Creep shoe. Anyone can put them on \ are always in order, and you are ready for anychange of weather. Agents Wanted. $# Send outl ne of fore and hind shoe, T4 Only tie "FPoints’" wear out: an can putiin new set. “Indispansable.’ B e NS L IL L Full set (1) 84, Points, 8 set, §1, to one nddress, Poluts! 1 set, (16) 200, by wa | ——— S. W. Kent, Sole M'I'r., Meridan, Conn, AT AT O 17 LA AR N, s it a r off, thi one Rub a lame back with Pond’'s Extract. FOR A Vi We are going to keep the ball rolling. LLook at the slash in ulsters, ood heavy, warm and long coats, will be sold LA Cutof 50 Per Cont, OR IN { PLAIN LANGUAGE ] FOR $2.50. The nice genteel chinchilla overcoats ek to $8, have been branded with the ridiculously low price of $6, We are ABOUT to invoice our stock, and we are del { mined that if siz out, every overcoat in the house must be sold. We have still some of the handsomest box cut gen men’s overcoats, equal to $60 and $75 coats, made by the § merchant prices on them are cut t week 25 per cent. s will hold REMEMBER, Sink or Swim, Our Overcoats MUST BE SOLD A We are in the same } INDER- WEAR. And to quote prices on it would look too ridiculous. in print. We are selling win- ter Underwear at 50c on the dollar. Come in and see them. in the history of could a man dress himself as cheaply and as good for little money as he can today at [ELLAANS Cor, 13th and F b |