Omaha Daily Bee Newspaper, January 31, 1891, Page 1

L ONON PACIFIC VICTORY, Judge Dundy Denics the Rock Island's Appeal for av Injurotion, ' “FOL TEXT OF THE JUD:CAL OPINION, o > How He Regards the Winning Road— It Has but One Master, and Fhat Is Congress — As to the Contract, Lixcows, Neb, Jan, 30.—[Special Telegram to Tie Bre.)—In the United States coprt this afternoon Judge Dundy handed down his opinion in the mnoted Union Pa cific bridge case, 'The decision s a great victory for the Union Pacific and is exciting considerable comment, * As is well known a temporary injunction had been se cured by the Rock Island to restrain the Union Pacific from interfering with U passage of Rock Island cars over the Union Pacific bridge. The judge declared that the motion for a temporary injunction - is denied and that the motion to dissolve the restraining order is sustained Followlng s the opinion in ful This suit was commenced in th in and for Douglas county, on D 1800, The plaintiff alleges in its bill, that it is a corporation orgaunized andexisting under tho laws of tho stato of Wisconsin, Th owns and operates lines of connecting v way from 'Chicago to Council Bluffs, that its fowa road terminates near the ap- rruml s to the Union Pacific bridge, on the owi side of the Missouri river; that itsline of road had been extended into and througn Nebraska and was being extended westward into other states : that the Union Pacitic rail- road company was duly incorporated by, and exists under, and by virtue of the laws of the United States; that its eastern terminus i3 on the lowa side of the Missouri Mver, mnear the terminus of the Iown part of the wintif's — lin that the defendant was duly authorize build and operate a railr d wagon bridge over the Missouri river at Omaha and Coun cil Bluffs, which it had done, and tnat it was duly authorized to levy and collect tolls for the use of the same, both as to wagon and railvond bridge, and thut the defendant had full right and lawful authority to permit, and grant to, ocher railroad companies, the right touse the bridee, to enable them to make connections with the lowa and Nebras " soas to make connceted continuous i petween tho several states, It is ther ed in tho bill, that on April 50, 1500, th plaintiff and defendant entered into a written contract of which the plaintift was to bave the right to the joiut use of the bridee over said river and about or ten mles of the defend roud, including that part of the same in 1 and extending into Nebraska to a point known as South Omaha; that by virtue of, and pursuant to, the said agreement, the plaintiff had commenced to operate its {rains agd runa portion rf, them over_defendant’s ridge and line of road as it had a right to do, and wed to do without hindrance until Decomber 20 or 30, when the defendunt through its agents and employes interposed obstacles to the free use of the same, and actually prevented the plaintiff from crossing or going upon its line of road with trains. Hence this suit. i for an injunction to re- state court, cember 50, terfering with the plaintiff in operating its trains on defendant's road and over its bridge, and for such other reiief, etc., ete. A temporary restrairing order was allowed and issued at the time of the commencement of the sult, to remain in force until otherwise ordeced. Tnis order was allowed and 1ssued without notice to tho adverse party buta da was fixed on which a hearing was to be had, But before the time fixed for the hearing the defendant appeared 1n the state court and filed therein a petition for removal of th cause to this court for the reason that a fed- eral question is involved in the controversy, which is necessary to consider to settie the rights of the partios to the suit. On Janaary 92, 1801, the transcript of the case as it was made in the state court was duly filed in this court, There is attached to the biill a paper urporting to be n copy of a contract made etween the parties, which provided for the Jolut usoe of the bridge and piece of the road Tor period of 999 years. This paper seems 1o have been signed by tho 'aresidents and secretaries, nud bLas at- tuchied thereto the seals of both corporations. This contract. is very lengthy and specifl and seems to provide for almost every qu _tion that might arise and every emergenc; that might exist during its long existenco. 1t this contract is a valid one, then the L»l:lhlll(l is entitled to the use of both the ridge and that part of the road before described under the conditions imposed, ana for the compensation named therein. But the conditions, restrictions, limitations and rants of rights and powers are so uumerous hat it will serve no good purpese to quote them here. On January 2 the defendant filed an_auswer to the bill in which itis ad- mitted that the president and secretary of the Union Pacific signed the said paper, pur- porting to be a contract, and that the co - Dovato seal is attached thereto, and that a portion of the Jirectors, called the executive committee, had aporoved the denies that any contract was lawfully mi by the defendant or by a majority of its ¢ rectors, and that the so-called without. force and absolutely void tion was filed i1 proper time and the causo tamo on to bb hoard, 1. Ou a motion to continue in temporary restraining order issued by the state court and the and force allowed order so al- tions in- valved, or which seemed to be involved, take a wido range, and, though to some extent, perliaps, unnecessary, were not unprofitable. The plaintift claims that the contract was @ valid aud binding one; that the plaintiff nad comnmenced to operate its trains by virtue of {t, aud thata wandatory injunction ought ssued by this court to compel the de- fendant to carry the contract into effect, Tho defendant claims it never authorized the making of the so called contract and that 41 hias no biading foree for that reason, And even it it had been made by the board of di- roctors, or the defendant company, in the 1 ovdinary way, that it would be and void for that reason. It is also claimed that the plaintiff has a full ade- quate, and complete remedy at law, to re ¢over in an action for ages, such amount of damages as the plaintiff may sustain if thore is & breach of a valid contract, And it is further claimed that o court will not de- ereo a specific performance of such acontract ws this, cven if it is found to be @ valid and binding one. 1do not f alled upon at the present time to express any opinion with reference to tho binding forco and validity or the so-called contract, even adumitting that it was signed by the presidents and_ secretaries of the two companies under their corporate seals, und approved by the executive committee of the defondunt, because the defendant expressly denies that it is the contract of tho defend aut. There 1s nothing in this record that will enable a court to say whether or not the con- tract is @ valid one. Who, or how many of the directors, or officers or stockholders con stitute the executive committee does not suf- ficiently appear. It cannot be said from what tho record discloses that the said committe could lawfully make such a contract or order 1t to be made, not to direct the president and secretary to make or approve it after it hud been executed. Certainly not less than a majority of the directors of the defendant vould lawfully make such a contract in the absence of statutory enactment, and my at tention has not been called to any provision wbich secws in any way o authc vizo it to be done. This question must settled by competent and proper proof bofore the court cau be called upon to atato the law that would apply to the con- tract, If It was mado with the proper author- ity of the defendent, of ultra vires, Itis unnecessary to decide that until it is clearly ascertainea fhat the wofendunt executed the contruct ws it wight contract, but Soas to the question | W DaiLy BEE. | proverly do if it has the lawful right and_au- thority to doso. It is also unnccessary to | decide here and now whether this is such a contract as a court of equity will specificall, enforce. 'This may prove tobe a very per- plexing question 1 the ond, and without fur- ther examination I must decline to express any opinion thereou. i y But suppose the contract is a valid and binaing one, in all respects and_in every par- ticular and that the contract will in the end decree specific performance of the same ac- cording to 1ts terms, the question then arises, ought the temporary restraining order to have been allowed by the court, and ought the same to be continued in fc e here until # heariug on the merits can be had, The Union Pacific operates 1ts own trains on the part of tho road and bridge in question, and n large number of trains pass over the rond and bridge every day aud almost every hour during the day and night. The sufefy of the traveling public and all concerned regoire railroad trains to be operated ou schic time under the direc- tion of proper and competent train dispateh- ers, This‘is just as ne s it is 10 have proper and competent engineers and con- ductors and others to operal ms 10 me that no well regulat would permit a train to starc out on its line of road until these reasonable precautions are complied with. And more especially would this be required when another road should be permitted to place its trains on and men overa bridge or road it did not own. It would be dangerous in the extreme to per- mit such a thing to be done, especially over bridge and line of road sucti as those under cousideration here. So far as the record shows nothing of the sort was done her: There is a clause in the contract that pr vides for certain officers of both companies making time tables and schedules for run- ning trains by which both parties would be bound if the contract is a valid and binding one. But if the parties could not agres upon and adopt & common time table for the commerce of both, then that fact alone would not authorize the lessee to go upon and over the road and bridge, to suit its own con: venience as to the time and manner of run- ningits trains, In such a case, if either ty should refuse to agree upon and adopt a proper schedule or runuing time for traius, @ court of equity in the exercise of its proper functions would most likely find some reason- able plan to correct or supply the omission. That is, if no other or further obstacles should exist, which might make it improper foracourt to interfere, It I am right in this, then manifestly, it would be_improper to direct the restrainiug order heretofore issued to remain in force. It would follow, 100, as @ necessary consequence that the re: straining order heretofore ullowed and issued by the state court, ought.to be dusolved, which is done, “The order of the court is, that the motion to continue in force the témporavy ovder is denicd, and the motion to dissolve the said order is sustained. Another guestion of great moment and far reaching in its consequences was ably pre- sented by both sides n arguments most luborate, and though possibly unneces- sary to cousider, it can not be othes than proper to do so. More especially was claimed in the agreement, that the plaimtiff has the right to use the bridge and approaches independent of the contract on which the plamtiff_mainly relies for the re- { here sought. This question is tome ex- tremely interesting, and_ I approuch the con- sideration of it, ot with the absolute cer tainty of being right, but with the certainty of its appearing So, at the present time, I know perfectly well that [ differ, to some ex- tent, with some of the gr wyers aud judges of the present day with reference to tne character of the Union Pacific railway, But the views I entertain were formed after most mature consideration and after the fullest reflection, and I have neither seen nor heard anything for years that has tended to shake the confidence in the correctness of the udgment 1 had long years ago formed. I ave many & time found it necessary to examine and sometimes to _construe the sev- eral laws which spoke the road into existence and which breathed life and vitality into it. Isaw the road commenced. I watched its steady progress, and finally witnessed its completion, which was the most stu- pendous railroad enterprise the world had over beheld. The government not only authorized the building of it, but it aided and assistod, and from time to time, and from the very beginniug, it was mainly for its own purposes that the road was char- ter Every act of congress on the subject and every proclumation issued by the presi- dent, pursuant to law, which relates to the road, scems to recognize and treat itasa great natibnal highway, created, aided, as- sisted and fostered by “the general govern- ment for governmental purposes. The im- press of the government is indelibly stamped upon it, there forever to remain, unless con- gress, in the exercise of its undonbted au- thority, shall otherwise order and direct. No other legislative power can law- fully imposo conditions on fhis road without the consent of congress. It owes no direct allegiance, 50 to speak, to two or more sovereiguties, each professing to be supremo inits own proper sphere and where each might be constantly striving for the mastery. It is thecreature of the government oY the United states alone and needs no apologies for its existence. The policy of the government in creating, fostering and maintaining the road wns o grand and glorious one. It bhas been, in the past, of untold benefit to the government and the vast number of ple inhabiting the gion of country traversed by it. If man- aged, operated and controlled as the several acts ' of congress require, then surely the wisdom of its creation aud existence cannot ve fairly questioned. If there could be a roasonabie doubt of the intention of congress in the premise: il consideration of the legislation on the subject would remove such doubt. We find congress coustantly legislating on the subject, either passin., new or changing and amending the old laws, thus evineing a settled purpose and determination to absolutely regulate and control the road to suit its purposes. 1t has repeatedly declared its purpose to be the creation and formation of a great na- tional route for the purpose of transporting the mails, stores, property and _troops of the United States. ‘The whole policy that seems to underlie every act of cougress on the sub- ject is seen in almost every section. This policy seems to be to form connected, contin- { ous lines of road for the purposes aforesaid wherever and whenever the government au- thorizes a road or brideo to be built. We have suficient authority for saying that the actof congress of 1562 chartering the Union Pacific railroad and the act of con- gross of 1864 amendatory thereof, authorizing the railroad company to build a vridge across the Missouri river at Council Bluffs and Omaha city, which now constitutes a part of the railroad proper. After repeatedly legis- lating on the subject congress again, on Feb- ruary 24, 1871, passed an act to authorizo the railrond to issue bonds to build the said bridge. The title of the act expresses the object and all of the act necessary to consider is as follows: ““That for the more perfect construction of | any railroads that ave or shall be constructed to” the Missouri river, at or near Council Bluffs, Ta., aud Omaha, Neb., the Union Pa- cifie railroad company be, and it is hereby | authorized to issue stich 'bonds and to secure the same by mortgage on the bridge and ap- proaches and appurtenauces as it may deem | needful to construct and maintain its bridges over said river and the tracks and dopots re- quired to perfect the same as now suthorized by law of congress, and said bridge may be so coustructed a8 to provide for the passige of ordinary vehicles and travel, and said com- pany may levy and collect tolls and charges for the use of the same and for the use and protection of said bridge and property. The Union Pacific railroad company shall be em. powered, governed and limited by the pro- visions of the_act entitled *An act to authorize the construction of certain bridges and to establish them as post roads,” Approved July 25,1866, o far as the same is applicable thereto; aud provided, that nothing in this act shall be so coustrued as to change th eastern terminus of the Unlon Pacitic rail- road from the place where it is now fixed under existing laws, vor to release suid Uniou Pacillc railroad company, or its successors, from its obligations as established by exist ing laws: provided also, that cougress shall at all times have power to regulate said said bridge and the rates for the transporta- tion of freight and passengers over the same, and the local travel hereiubefore provided for."! "This short act_contains [CONTINUED ON SECOND FAGE. several important MOURNING 1N WASHINGTON, Universal Expressions of Sorrow Over the Death of Secoretary Windom. THE REMAINS ARRIVE FROM NEW YORK. They are Met by the President und Cabinet and Escorted to the Residence—Tributes of Respect. WasniNaTox, Jao, 30.—The president and the members of his cabinet assembled at the Baltimore & Ohio station this afternoon to receive the remains of Secretary Windom, which arrived on a special train at 4:30, Be- sides them nearly all the public ofticials in Washington were at the depot. When the train arrived the casket was taken in chargo by company B of the Treasury national guard and borne slowly to the hearse. When all was ready the procession formed and moved from thedepot by way of Pennsyl- vania, Vermont and Massachusetts avenues to the secretary’s residence. There the bear- ers carried the remains into the house through a crowd of people, who reverently bared their heads as the casket passed. The president and all his official family followed the remains into the house and waited in the back parlor while the undertaker and his associates placed the remains in the front room and opened the top half of the lid so as to expose to view the secretary’s features, Mrs. Blame remained with the president and was the only lady present when the members of the cabi- net were ushered into the room and looked upon the face of the distinguished dead. When the party left the house the bereaved widow and daughters entered the room and remained there a few minutes, Whila Mrs. Windom was knecling over the casket sobbing the British minister alled at the house and loft a message of con- dolence for the family. Sccretary Windom’s death is especially de- plored by newspaper men. He was accessi- ble to them at all time: He believed the public bad a right to know what the execu- tive departments were doing and never de- clined a reasonable request for information concerning the business of the treasury. It is expected that an order will be issued from the white house_tomorrow canceling all ofticial receptions and entertainments for the remaindor of the season, The funeral will probably occur Monday. Interment will be in Rock Creck cemetery. Mauny telegrams of condolence have been received. Among the senders were ex-Pres- ident Hayes, Mrs. Garfield, ( ral Alger, ex-Postmaster General James, Governor Pat- tison, Governor Merriam, ex-Attorney Gen- eral Macveagh, Archbishop Ireland and Rob- ert T. Lincoln. Tributes of Respect. WasimiNaroy, Jan. 80.—Immediately after whe reading of the journal the seuato ad- journed as amark of respect to the late Secre- tary Windom. After a few affecting words of tribute as to the worthy secretary of the treasury by Rep- resentative Dunnell of Minnesota, the Louse, on motion of McKinley, as a mark of respect 10 the deceased, adjourned. The effect of the death of the secretary is clearly visible in all the departments of the government this mormng. While the treas- ury department is the only building actually closed, business is practically suspended in the others. The president is very deeply grieved oyer the loss of his friend, and this morning gave instructions that he could see no one ou busi- ness today. General Spalding, who is acting secretary of the treasury, orvdered the department closed for today, = The flags on the executive departments were pluced at half mast and the treusury department was draped in mourning. At & meeting of the bureau chiefs and heads of departments in tho the treasury de- partment it was decided that they go in a ody to the railroad station this afternoon and meet the body when it arrives. A com- mittee to_draft appropriate resolutions was up’Folmnd. he time of the funeral will depend upon the arrival of a son who is somewhere in the nlnulh, but probably it will take until Mon- day. Assistant Secretary Nettleton, who has been on a visit to Oberlin, O., is expected to reach bere this afternoon and he will proba- bly be designated to act as secretary of the treasury temporarily. From an early hour this morning there has been a constant stream of carriages arriving at the family residence on Massachusetts avenue bearing friends who catled to mani- fest their affection and sympathy for the family of the deceased. An executive order was issued through the secrotary of stato expressing sorrow at Windom’s death and directing that all de- partments of the executive branches of the government manifest due respect for the de- ceased. The treasury department was or- dered draped in wourning for a period of thirty days. Ex-Secretary Bayard's OgY. New York, Jan, 80.—At a meeting of the board of trade and transportation this after- noon a_series of highly eulogistic resolutions were adopted referring to the deceased sec- retary of the treasury as one of the most high-minded and prominent men the country has produced in the last thirty years. Tho resolutions review Secretary Windom's pub- lic career, and in closing says that as secre- tary of the treasury under President Harrison ‘“he labored courageously and successfully to avert a widespread panic in a season of threatened financial trouble, Ho died in speaking honest and earnest wowds against the maduess of the free coinage of silver under the existing finaneial conditions He fell at his post of duty as truly as a soldier falls on the battle fleld. Previous to the adoption of the resolutions ex-Socretary of Stato Havard, i a brief speech, paid a glowing tribute to the mem- ory of the deccased. In the course of bis specch hesaid: “In 1881 an occurrence of great importance to the country arose, The ublic credit and the agencies that sustained t were threatened. A strong feeling against tho banking system had been exprossed. Congress had adjourned and those in charge of the banking institutions were uneasy. Then this remarkable proposition was made by the croditors of the government to reduce the rate of interest on the debt due them and accept different terms for its liquidatiou. “This patient stateswan and friend did me the honor to come to me as a man, I of a different political party, to discuss a momentovs ques- tion. We discussed it, and you all know how the national credit was established, how it was done without cost to the government and no finer illustration of financiering can be found than that of Wil- lim Windom. It was the very highest pin- nacle fora man to reach. Such was one of his services not measurable by moncy. Al heroes are not clad in uriform, neither do they all fall in battle, William Windom's call came last night. His life had been im- periled in serving you and our land. We all join in the grief ‘for his loss and houor and respect for his mem F. B. Thurter in seconding the resolution eulogized Mr. Windom, who. he said, pilote: the financial ship of state between the S of grangerism and Charvbdis of W and perished at his_post, the third se of the treasury in thry Il street retary successive admin- istrations to succumb o the active duties of | Ao colored, the treasury department. “Is it not about time that these duties were so divided and regulated that further sacrifices of a like na- ture may be avolaed!” . The president of the board of trade will appoint a committee of fifteen t0 attend the funeral. The New York Cleariug House as- la | sociation has appointed o fuveral committee and adopted culogistic resolutions, Start'ed Wall Streer, w Yok, Jan. 80.—THs néws of the death of Secretary Windom startied Wall street this morning. The obly appreciable financial effect, however, was a fall in the price of silver bullion, the Loudon price de- clining from 47'¢ pence to 403¢ and New York declining accordingly. The death is looked upon by silver men here as render- ing tho passage of any silver bill this session unlikely, The majority of financiors were of the’ opinion that Mr. Windom's successor would un- doubtedly be a man who would carry out the policy of the dead secretary, which, it was believed, was in all respects {0 accord with the ideas of the president. ‘There is much discussion as to his successor, tut the only ames so far mentioned are those of Senators Allison and Spooner. A Prophetio Utterance. Curoago, Jan. 80.—|Special Telegram to Tie Bee.) — Charles Henrotin, the well known banker of this eity, speaking today of the death of Secretary Windom, recalled an utterance of the doceasod which seems now prophetic. “T'wo years ago, whilesojourning for a day in Washington,” said Mr. Henrotin, “1 pmd a social visit' to Secretary Windom, On taking my leave I remarked: ‘You must feel happy at reoccupying your pledsant quarters and taking up your work anew.’ He replied, with a very grave look in his eyes, ‘You hardly realize what you aro congratulating me upon. While there is & wreat deal of glory in It, it means death to me. 1 shall not o out of oftice this term alive' Legislatures Adjonrn, Cuanestos, W. Va., Jan, 80.—The West Virginia legislature this morning adopted & resolution ordering the flags on the capitol half-masted and adjourned wntil Monday out of respect to the memory of Seoretary Win- dom. Toreka, Kan., Jan. 80-—Both housos oftho Kansas legislatire today adopted resolutions of respect to the, memory of Secretary Win- dom. Fluys are half-masted, Avarsta, Me, Jan, 80.—The lezislature adopted vesolutions of respect to the memory of Secretary Windom this morning and ad- journed until Monday. Sorrow in Minnesota, St Paur, Minn,, Jan. 30 —Both branches of the legislature adopted resolutions ex- pressive of sorrow at the death of Secretary Windom and then adjourned out of respect to the deceased. Governor Merriam sent & message of con- dolence to Mrs. Windom exoressing the grief of himself and the people of the state regardless of party, at the untimely death of ber husband. Caused a Sensation in London. TLosnoy, Jan, 80.—Tle sudden death of Mr. Windom, secretary of the treasury of the United States, caused a sensation fn London gencrally and decp sorrow among the mem- bers of the Awmerican colouy in this city, Flags on the consulate buildings are at half mast, CHARLES BRADLAUGH DEAD. The English Commoner and oclast Pa Away, Loxvoy, dJan. 80.—Charles Bradlaugh, member of parliament, died this morning. Bradlaugh was insensible When he died and seemed to suffer no pain. The immediate cause of death Was uremis, [Charles Bradlaugh was born in the east end of London, Septem! 28, 1883, Atan early age he was a Sunday school teacher and afterwards | '449%. turer. In 1850 he enlis n the Seventl dragoon guards and served some time in 1re- hlug. Tn 1853 he entered the office of a Ton- don solicitor, and soon began to lecture and write on secularist subjects, adopt- ing the pseudonyn ‘“Iconoclast.” o soon became widely known and in 1868 began his efforts to enter parliament. After three attempts ho was elected from North- ampton in 1880, his colleague being Mr. La- bouchere. He was active in working up sympathy for France fn 1870, and afterwards travelied extensively in Svaln and America, lecturing in several cities. His controversy with parliament with regard to his right to tale or dispense with the oath of allegiance is still familiar to the public. He was finally allowed to take his seatand took a prominent part in debate, Mr. Bradlaugh was the acknowledged loader of the secularists and headed the agitation against perpetval pen- sions. | Icon- o A Generous Employer. Frkuart, Ind., Jan. 30.—While the annual reception to the employes of Conn’s musical instrument factory was in progress last night fire broke out in an adjoining building and a panie was narrowly averted by the cooluess of the managers, ~As it was two persons were hurt. M., Conn has declared his intention of dividing next year's profits with his employes, giving them 72 per cent, to be apportioned_among the different classes, and retaining 25 per cent himself. oL Destitution Among Kainsas Farmers. Kaxsas Crry, Mo, Jan. 80,—W. H. Shrimp of Laird township, Kansas, wasn the city today soliciting aid for the destitute farmers of his county. Hosnys the people of the township are in & deplorably poor condition, the crops having failed for threo seasons, and many of them have neither clothing, food nor fuel gt hene The Burlington's Foor Condition. Curcado, Jan, 30.—(Special Telegram to Tue Be 1t is prophesiea that the Bur- lington statement, for December will be the vorst since the striko, President Perkins is ported as being thoroughly aroused over the condition of the cnpauy®s affairs and to contemplate some sweeping changes in the management. Satisfled Their Creditors. PuirapeLpiis, Jan. 30.—Barker Brothers & Co., who assigned a few wecks ago, will resume business tomorrow under the firm name of Barker & Co., J. C. . Barker hav- ing been admitted topartnerskip. They have effected a settlement with their creditors. - The Delamaters Again Arrested. MeADVILLE, Pa., Jan. 30.—At the instiga- tion of ', W. Witter, a depesitor, the mem- vers of the assigned bankihg company of Delamater & Co. wera u arrestod this mornng, churged with embezzlement. They gave bonds. - Chicago's Ex-ayor Robbd. Cuicago, 1ll, Jan. 80.—The safe in the oftice of ex-Mayor Roche wis blown open to- night and £5,000 in cash carvied off by the robbers, The money had been received after banking hours, UL B A Family of tight Rolsomed. Dexisoy, Tex., Jan. %0.+The family of Jumes Ball, cousisting of eight persons, was voisoned this morning by eattug bread made with cottonseed oil. ALl are seriously iil, el d Will Meet the Rat 1. Louis, Mo., Jan. #0.—The Jacksonvill Southern will meet the $2.05 rate from St. Louis to Soringfield made by the Alton, to take effect Monda, \ - One Thousand ‘leolmakers Strike. PriLAbELPILA, Jan, 30.—One thousand men employed in Beckmond & Miles’ tool manu- factory struck toduy for overtime for nigt.t work, B Do INDIANA. e able Tragedy Due to Jealousy, uas, Ind., Jun. 80.—Logan Me- killed his wife and suicided Jealousy was the eaase, - - Scoteh Strikers Resums Work, GLASGOW, Jan. ‘The strikers have r sumed work on all roads with the exception of the Calendonian, tonight. Political Prophets Select Ohio's Ex-Gov- ernor for the Vacant Portfolio, M'KINLEY'S NAME ALSO MENTIONED. A Spectal Bulletin Containing Indian Statistics lssued from the Census Office—Tarit Talk and Miscellancous. 518 FounTEeNTH STRRRT, Wasnixaroy, D, C., Jan. 80, The prediction is made late tomght that ex- Governor Charles Foster of Ohio will be the successor to Sceretary Windom, and the fove- castis made in sucha good quarter that it carries weight, While Major McKinley's ap pointment would be favorably reccived in every quarter, that of ex-Governor Foster, it is thought, would bo better politics, viewed from several standpoints. Ex-Goveruor Foster's great financial success, popularity and his friendship for President Harrison are being urged as accessory arguments in favor of his selection, In the higher official circles Foster 1s the prime favorite tonight. Representative William McKinley of Ohio is also mentioned. The politicians argued that inasmuch as ho will be out of public life within less than five weeks, about the tinoe the appointment of a successor to Secre tary Windom should be made, aud he is so well versed in the tariff law which has just been enticted and out of which many complications may grow, and is an acknowledged politician economist and financier, it would be the proper thing to_call him to this position, especially smce Ohio has no representative in the cabinet and Mr, Mclinley is in such perfect barmony with the president, Some of his friends immedi ately announced that he would not accept it if tendered for two reasons: Iirst, bocause ho expeets to run for the presidential nom nation next year; secondly, because ho must be hud by the republican party for the gubernatorial race this fall in Onio in order to wheel that state into line again. While nearly eyery prominent re publican acknowledged the fitness of his se- tection, opinion was about evenly divided be- tween the wisdom of taking him off the race for governor this fall and bis willingess to accept the treasury portfolio in view of political future. Senator Spooner of Wis, mentioned at the capital during the afternoon and in official circles, but the fact that Secre tary Rusk was appointed from Wisconsin and Scnator Spooner is disinclined to enter ofi- cial life when he leaves the senate in March combine to take nim out of the line of proba- bilities The New York men believe that Secretary Tracy will be transferred to tho treasu partment. General Tracy is an ablo cier and would make a splendid secretary of the treasury. He could fill with ability "any lace in the cabiner. The New Yorlkers trans- for United States Treasurer Huston of Indi- ana to the secrotaryship of the nayy, thus giving the president’s state two cavinet offi- cers, Wide suggestion is also made of the name of Colouel John C. New of Indiana, consul general to London, for tho secvetary of the treasury. He has 'had all tho necos- "‘:{? experieuce in the positions of treasurer and assistant secretary of the treasury. - Bince. public opinion gives the first assistant secre- taryship of the treasury to Congrossman Baker of New York it is not believed that state wiil get the treasury portfolio unless Secretary Tracy gets it by trausfer. SOWNOW AT THE CAPITAL. Secretary Windom’s sudden death shocked every body at the national capital. It was so unexpected, so tragic. No one outside his immediate family seems to have expected such a thing could haye happened. He ap- pearcd the picture of robust heaith. His rotund form and happy face impressed all who met him that he was destined to a long life. He was sixty-four years old, yet he did not appear fifty-four. He had 'scurcely a gray hair, and his face, full and round, was smooth, with the exception of light side- burns, His eyesight was good, his nerves steady and his temperament always pleasant. Therd was a combination of humanity and practicability about him that made him the typical public officer, It was refreshing to imeet him cfficially, Instead of the harsh brusque mauner 80 comumon to men in hi position, he was kind, considerate and al accessible. It was after 12 o'clock last night, when nearly all of Washington was asleep, before the sad news of the death came down from New York. Few persons knew it till this morning, There has been little talked ofin any_quarter since. It was a terrible shock to Mrs. Windom and the president. By a remarkable coincidence both the secre- tary aud Mrs. Windom were at the dinner table till a late hour last night—the secretary atthe boara of trade banquet atDelmoni- co's in New York and Mrs. Windom at the residence of Postmaster General and Mrs. Wanamaker. While the secretary was dying at the banquet table in Gotham, Mrs, Windom was cheery ncar the side of the president and other prominent persons ground the board in this city. The picture was frequently drawn by the friends of the dead and_grief-stricken’ lady, When the houses of congress met to immeaiately ad- journ out of respect to tho late secretary there was but one topic of conversation. The outlook for closure, the elections bill ana other important measures were never men tioned, 'The nation's loss in tho death of Secretary Windom alone was commented upon, Not since the assassination of President Garfield has there been such uni versul and deep sorrow expressed, Secretary Windom was personally known to more men and women in Washington than auy one con- nected with the administration. Duriug his score of years in congress and his long ser- vice in the troasury department as ita active head he enjoyed a very wide range of per- sonal acquaintance. e gave all a_patient heariug. All who met loved him. He was so different in_every way from the average officeholder, It was widely stated when he was called to the position by Presi- dent Harrison that he was wanted for bis merits, It was immaterial what state he came from or whethe pointment was requested by anyol was considered the ideal man from inclination and experience for the secretary ship of the treasury and few questioned or cared from what state he hailed or why he was selected from @ political point of View. To the president and members of the cabinet, who had enjoyed his ofticial and sociul pres ence, the shock will long be felt. His place in many respects can never be filled by any one. See Windom was in accord with the administration in_all its policies, was clear and pléasant in his duties, and while the place may be filled by one of the ablest men of the country there will be & vacaum in hearts as well as the places of Washington, TARIFF GOSSIP, ‘The impression is now general that the next congress will witness some important tariff_ legislation, The present republican majority is fourteen, but the election of Sen- ators Hill, Vilas and Peffer, with the possib addition of low tariff men' to succecd Sen ators Farwell and Moody, will cut this majority down to ten. 1f Senator Plumb, Pettigrow and Paddock again vow with the democrats the figure is decreased toseven, making the senate stand forts-four to forty- four. 'Then comes iu Hansbrough, a low tariffl adyocate, from North Dakota. ' Sbould another northwestern senator fail in line for o lower tariff the advocates of the latter policy would have sufficient strength in the nate to carvy out their Ideas, It is more than likely therefore that the next congress will see nnother prolonged taviff discussiou, Its effects on the presidential campaien which will follow the next regular session of con- gress is & matter of prediction only, but the willingness of the democrats to see an extra session now grows largely out of the fact WASRINGTON Bune v Tite Ovara Bee, } his onsin was often Tinay that they would liko to hayv tled during the approac INDIAN STATISTIC A special bulletin was issued from the census office showin, Indinns, from which it app braska bias a total of 8,751 Indint Omaha and Winnebago agency, e.sif; Santeo agency, 1,378, The_grand total of Indians drawing rations tn Neuruska is 95, an appar- ent increase of 38 since 1884 lowa has 347, a loss of 12 duriug the past year. South Da kota has 19,068 Indians, of “whom 6,271 aro males and 0,707 females. To South Dakota Indians 12,08 rations are issued, an apparent docrease of 2,408 siuce 1840, aefual decrease 28, The Indian population at the various ngencies in South Dakota is as follows: Cheyenne River, 9,893; Crow Creek and Lower Brule, 2,053 Pine Ridge, 5,533; Yankton, 1,725 Roscbud, 5,381 Sisseton, 1,52, There has been a docrease of 2,160 at the Rosebud agency during the past year, which the census office says 15 un- doubtedly the vesult of over counting or mere estimates in prior years, and that the actual decrease is about fifty, making the en- tire apparent decrease in' South Dakota about 27, 10stion set or, evening tistics of hat Nc Llows MISCELLANEOUS, The senate committee on mlitary a today instructed Senator Manderson to re port favorably the bill donating 160 acres in the Fort D. A. Russell military reservation near Cheyenne, Wyo., to the state of Wyo miug for fair and " agricultural society pur- poses, The Manderson bill irs approvriating #15,000 with which to_explore Alaska and survey that country has been favorably reported from the committee. It is very probable that should this bill become a law Captain P. H Ray of General Brooke's staff will be put in command of the expedition. He explored Alaska to Point Barrow aud made a valuable report Murs. Charles Linderman is quite 1L with erysipelas is accompanied by her husband and daugh tor. The latter part of next week they will leave for their home via Muncie, Ind., where they will remain several days Samuel Redstone and wifs of Des Moines, In, and J. A, Findlay of Pine Ridge, S, D.; are at Willard's John B. Furay, jr., of Omaha is at James, Allan_Dawson of Des Moines and Dodd of Dubuque, Ta,, are at the Johuson. Hiram B. Thomas Has been appointed post master at Syeetwater, Buffalo county, Neb. A pension has been granted to Bernard an of O'Neill, Neb, ntative-clect, Bryan liere until the first of next weok, looking after an appropriation of #,000t0’ pay for paving the streets in frontof the government building at Lincoln Dr. Cyrus Pickett has been appointed member of the pension examining board at Broken Bow, Nob, Towa postmasters were follows: Finchford, Blackhawle county Bowers, vice: A, A. Briggs, resigned; Tus keegn, Decatur cour ty, A. V. Clossom, vice W. Hudson, Prnny S, Hean, the St nes will remain appointed tod nd lowa Pensions, n. 30.—[Special Telegram to e Brp.]-—Pensions were granted today to the following Nebraskans. Original Lewis E. Hayden, Curtis; Harvey R. Rich- ards, Fremont; Martin V. Lane, Silver Creel; Thomas Munn, Talmage: Jacob Gestele, Kearnoy; George Esser, St Peters; James P. Fowler, Dannebrog; Ezra P, Lozey, Nepanee; Henry LRowe, Sterli Solomon Ditzell, Peru, Increase--Lyman J Davis, Elgin; Joun A. Mark, Bellwood: August Kneile, Grand Island, Reissue and cerease—Isaiah 8. Deal, Red Cloud; William H. Tucker, Pawnee City. Original widow’s, ote.~Stephen, father of William Speakman, Lyons. Towa: Original—-Charles W. Calahan, Carton; John P, Stien, Rock Rapids; Levy Abbott, Thayer: John Bohn, Iconium; Walter B. Goodkus, Lisbon; George Wintz, Hites. ville; Joseph W. Rich, Vinton; Charles B, Baker. Clinton ; B. W, Vanderveer, Ottumwa; Norton M. Choate, Marshalltown; _Charles E. Palmer, Gilman; Jaco B. Kennedy, Greencastle; Chester B. Banford, Musca- tine: Milton Winterstraw, Marquette; James L. Beebolt, Atlantic; Frederick MeClout, Olive: Albert Smith, Sioux City. John F Harlan; William D, y ngley: Nicholas ‘Boguet, Burvlington: Alex. Plerce ,\'hvl«lllhf: Patrick Tirney, alias Patrick Dunn, Marshalltown: Wil Crammand, ~ Hanlon; Samuel om, Shelby: Walter Lee, Sigour William Dines, Dennls; Turner Wheatly Hillsburg; Elijah’ Hogue, West Liverty; Wilder Week, Mattocks, Reissue—Rufus A, Denuet, deceased, Genoa. Reissue and inerease—Nicholas Bouquet, Burlington, Original widows, etc. — Wilnelmina, widow of Frederick Ambline, Elkport; Elizabeth E., widow of Horace Judson, Frederick. Nebrask WASHINGTON, General Brooke's Territory Extended. WasHiNGToN, Jan, 80.—The secretary of war has issued anorder transferring the military control of South Dakota from the de- partment of Dakota, under command of Brigadier General Ruger, to the department of the Platte, under command of Brigadior General Brooke, The reason for this is that Geueral Brooke's troops are within easi call of the Roscbud and Pine Ridge agen Ordered Oft the Strip. WasmiNaroy, Jan, 30.—The secretary of the interior has issued orders directing that all persons not having proper authority be prevented from entering the Cherokee strip on any pretext whatever, - AIR SHIP TESTED, THE Satisfactory Results Obtained at the st Trial. Cmeaco, TIL, Jan, 80.—The air ship in- vented by William Pennington of Mount Carmel, Til., was tried again today, and to all appearances it was demonstrated that a craft has at last been invented that permits feats of aerial navigation never before accom- plished—propelling and steering. The ship tested today is only a thirty-foot model, made of oiled silk, ana the practicability of usin aluminum, which is to be the material of which full size ships are tc built, has still to be shown. The car which is to carry passengers was not attached today, and the ship, which is cigar-shaped and filled with hydrogen gas, floated in th airand was propelled by a wheel like that of a propeller, the motive power coming from ge batterics on the floor attached by a light wire, rudders bemg set at aifferent The ship traveled in u satisfactory avound the interior of the exposition The speed attained was not great, nventor is sanguine of much better results with @ satisfactory battery. Ry Three Murderers dentified, Cnicaco, Jan, 30.—The trio of toughs Featherstone, Beunett and Corbett —awaiting trial for a daring attempt to rob the South Chicago MercLants' bank, were today found to be implic d 1n the murder of Michael Brezell at Desplaines some time ago. old man was killed 1 his own yard and vobbed of several hundved dotlars. Two men have identified the prisoners s the men seen in the vicinity of Brezell's house that night and overheard them plotting in a saloon. - The Weather K\ For Omaha and Vicinity shghtly warmer. For Nebraska—Rain or snow; shifting to northwesterly winds; much colder by Sunday worning, with cold wave in cast portion, For lowa and South I weather and snow; variabi o northerly; cold wavi i . Wreckod by a Misplaced Switc Kaxsas Ciry, Mo, Jan. 3).—A frelght train on the Wyandotte & Northwestern was wrecked by a misplaced switch today and the engineer and fireman lujured. Jobn Aroken, astockman from Donovan, Kan., wko was a sufferer from heart disease, died of fright cast, Suow or rain; southerly, cota—Threatening winds, shifting The e NUMBER 224, ————— | PROMIBITION HOPES BLASTED. The Bill Providing for a Recount of the Ballots Indefinitely Postponed, RELIEF FOR THE DROUTH SUFFERERS, 1he Measure Appropriating $100,000 Passes the House by a Unanimous Vote—Proceedings of Fri- day's Session, Lascory, Neb,, Jan, 80,—[Spectal to Tuw Brr.]~The motion to indefinitely postpone Waldron's bill providing for a recount of the votes cast for and agamst tho prohibitory amendment in the late election was made by Mr. Stovens of Furnos. Both Waldron and Stevens are pronounced prohibitionists, It secms that Stevens did not know that the bill had been introduced by his confrere, and was not apprised of the fact until_after the sentiment in favor of the motion had spread over the house and caused & buzz of oxcito- ment which bad tot been experienced for soveral days. Waldron did not discover had taken steps to knoek out his pet measure until it was too late for the gentleman from Furnas to retraco his stops. The motion prevuiled as corded Mr. Stevens was asked why he had moved for the indefinite postponement, andsaid that ho did not know that the had oviginated with Mr. V he had, certainly would have treated the bill with a little more considera- tion, Ho was under the impression that the bill had _been introduced by somebody on the other sidoof the house, and that it tad been brought in to cause delay and incur ne expense. For his own part, though bitionist, he felt a recount of the vote in auestion would do no good. The people had arready voted on the subject, and a majority of them had declared against prohibition. That majority, he held, was pronounced even if the vote’ of D county should be throwu out. With this belicf, he could not conscientiously vote for a rocount, which would vesult i nothing save what was now Kknowt Mr. Stevens smd thero were throe probibitionists in the same row with him— namely, Stevens of Fillmore, Gunnett of York and McCutehin of Boone, who felt as he did and were probibitionists all the same, [l twelve votes opposed to the motion in no manner represented the probivitionists of the Louse. that his friond elsewlcre re- other The Relief Bill Passes the House, Lixcory, Neb., Jan. 80, — [Spocial to Tin Ber.]—On motion of Shrader the house wont into committee of the whole, with Taylor of Johnson in tho chair, to consider the concur- vent resolution fixing tho timo for hearng the contested clection cases for goyernor and other exccutive ofices. White suid that before he would vote to fix the date for the contest cases he would like to know something of the rules that were to govorn this joint convention. Charrman Taylor thought this matter could not properly be considered in this connection. The resolution was reported back with the pmmendation *“that it do pass.” The committee then took up house roll 81, the bill introduced by Church Howe to issue £100,000 in bouds and use the proceeds of the same for the benefit of the western sufferers, Howe moved to reduce the interest from 415 per cont to 4 per cent, Carried, On_notion of McKesson the name of Speaker Elder was added to the commission in place of ox-Governor Thayer, resigned, and the bill reported back for passige. The conmittee also had under considera- tionhouse roll % by Howe, increasing the penalties for selling” mortgaged property, making the minimum fine $100 and the im* prisonment not less than one year Cornish (rep ) opposed the bill the penaity shoul fe thought ve left to the diserction of the court, as p d by the present law. An ameéndment to the bill proposed by Howe exempted tho operations of the law from any mortgage given to secure a loan at usurious interest Howe said this was the prncipal change from the present law, and said the bill was intended to protect the unfortunate farmers and small dealors from the ‘“‘chattel mort- wage flond.”! Shermun (ind.) of Saliae thought bill was intended to encourage erime. Stevens (ind.) of Furnas said_queer com- plications were developing, and called atten- tion to the fact that Howe had been in the legislature many years and no such bill bad been introduced. Ho was suspicious of deathibed repentance. White of Caiss moved to amend the title of the bill as follows: **An actto prevent the commission of a erime in case of violation of the law.” | Laughte Felker of Douglas said he had a bill some- what similar to Howe’s, and thought that the best way to reach usury was to make all such coutracts void, as provided by this measure, Newberry (ind) discussed the bill from the stand point of common honesty, and could seo 10 relief for the poor man in such a law. Ho suid that a bill would be brought up on their side which would “lay the axc av the root of the tree,’” Cornish made further remarks against tho bill, and declared he was & borrower of motiev himseif,. and opposed the measure from that standpoint. Shrader favored the bill, with certain amendments proposed by the gentleman from Nemaha, After amending the bill, fixing the ponalty the sume as in existing laws, the committee arose and recommended the bill back for passage The concurrent 17 s the was orde The relief the western su on final passuge. AFTERNOON RESSION, Bills on second reading were take Stevens of Furnas moved to postpone the bill intraduced by providing for a recount of the v the prohibitory amendment Modie (ind:) aud Soderman (ind.) de- manded a roll call, . Tu explaiving his vote Soderman was this was the greatest question be American people and would “no.’ Maodic endeavored togvithdraw the demand for the roll call, but, Howe objected The vote on the question of indefinite post- poucement resulted ns follows: Aycs 8, uays 12 Those voting in t Henry, Modie, My Howe's solution fixing February ay for hearing the contest cascs «d enwrosse bill appropriating §100,000 for ers was taken up and put up, definitely Waldron os cast on said this ore the therefore voto 1o negative were Arnold, len, Rohan, Scott, Soder- man, Taylor of Butler, Willin'ns of Frank- lin, Speaker Elder, all independents, and Helath and Williams of Gage, republicans. "The committee on privileges and elections reported in favor of the passage of the Aus- tradian ballot bill, introduced into the house by Mr. Porter (ind. ) of Merrick The insurance committee reported back the bill introduced by Watson revent rebates and discrimination in life insurance, and rec- ommended that it do pass,” The coneurvont resolution fixing for hearing the contest cases was acd put on final passage. Ayes 74, The negative votes were as follows and, Breen, Brennan, Decker, Ford, ( Hall, Huse, Johnson, Lamp, Ritehie, Schlotfeidt, Severin (vep.) shipley, Shryock and White The house also passed the following: A bill by Howe providing for the issue of £00,000 i 4 per cent bonds to run five years, be used in relieving the drouth stricken sufferers 0g 87 o b, the time taken up navs 18, Ames, the proceeds to and for purchasing A bill by Waldron appropriating the sum of §15,000, for the payment of the salaries and expeuses of members and employes of the legistature, The enate Liscory, Neb., Jan. 20.—[Spoecial o Tus Bk |1 began business by listens ing to the reading of two invitauions to mee senat