Omaha Daily Bee Newspaper, June 12, 1891, Page 5

THE OMAHA DAILY BEE!' FRIDAY JUNE 12, 1891 THE BATTLE OF THE TITANS, Great Legal Fight Betwoen the Opposing Railroads Oommenoad, JUDGE WITHROW'S STATEMENT OF FACTS, Pertinent Problems Affecting the Rights of the Rock l1sland Good to Use the Union Pacific Bridge, 'The case of the Rock Island vs. the Union Pacific railway company came up for final nearing in tho United States court yesterday before Associate Justica Brewer of the United States supremoe court and District Judge Dundy. When court opened the court room was well filled, among those present being many prominent citizens and a number of attorne; who were not directly interested in the caso but wanted to witness the battle between the big logal lights who have charge of the case. The Rock Tsland was represented by Cien- eral Solicitor T, F. Withrow of Chicago, M. A. Low, general attornoy for the Rock Isiand wost of the Missouri river, J. M. Woolworth, A. J. Poppleton and C. S. Montgomery of Omaha. President Cable wos also present, On the same side of tho table were Judgo Cary and Genoral Solicitor John T. Fish of Chicago, representing the Milwaukeo road. The Union Pacific was presented by General Counsel John F. Dillon of New York, Genoral Solicitor John M. Tharston, Assistant General Solicitor W. R. Kelley, and A. L. Williams, general attorney for Kansas. Thelarge table in the court room was com- pletely covered with the voluminous nlings, depositions and briefs in the case, together with railroad maps of the country west of Chicago and pondorous law books. Attorneys on both sides agreed that the hearing of the case would occupy throo days of five hours each, and Judge Brewer an- nounced that he would be obliged to leave the city Saturday ovening. The case opened with an_application by Judgo Thurston for leave to file a stipu'ation to the effect that the Rock Isiand had filod rticles of incorporation in the offico of the secretary of state in Nebraska on January 4, 1880, “and alsoa certificato to the effect that this was all there was on file in that office. This was objected to b and Poppieton on the time had already been given the dofendants to tile anything thoy desired and the intro- duction of any moro ovidence would requir farther time for the hoaring of the case, The court ordered the case to proceed and reserved docision on the application until it shall have appeared whether such evidence 18 matorial and necessary After this preliminar; mish the case was actually opened by Judge Withrow who madea lengthy statement of facts, going over the details of the contract_entered into between tho Rock Island and Union Pacific. Ha also called the attention of the court to the map which had been presented and showed thereon the lines ot the Rock Island and operated lines, alluding to the magnitude of the intorest s involved in the suit. He called the attention of the court to the fact that the Missouri Pacitio was a direct competitor of the Rock Island in its territory west of the Missouri river and strongly intimated that ‘while the Missouri Pacific was not directly interested in the case on trial it would be shown beforo the case was fimshed that the Missouri Pacific was largely, but indirectly interested. Judge Withrow then recited the facts re- lating to the etforts of the Rock Island and Milwaukee roads to secure a charter for a bridge across the Missouri, in which they were successful in Feoruary, 1890, These two roads then commenced to make arrange- ments for going ahead with the bridge and building thejr own main line to connect with their western lines, He then stated at length the efforts on the part of the Union Pacific to block the move of the Rock Island and the Milwaukee, detailing the meetings held by President Adams, Vice President Holcomb ana Chief of Construction Cameron of the Union Pacific, at which this move was fully considered, and it was decided to watch the matter. The meetings subsequently held by the Union Pacific officials and the ad- vances made by emissaries of the company to disstade the Rock Island and Milwaukeo roads from building a new bridge, but to use the Union Pacific bride and tracks between ‘Council Bluffs and South Omaha, at a rental to be arranged, ware recited at length. Uetails of the argument over the formula- tion of the contract were gone over at length, and Judge Withrow asserted that becanse Sidney Dillon, tho gray-haired railroad official, and his assistants had been over- reached by their sharper competitors, they now appealed to a court of oquit; leclare it the contract was not legal. The contract was drafted in Judge ‘Withrow's room at the Millard hotel in this city and was transcribed by Judge Thurs- ton's stenograper. This draft was in accord- ance with agreemonts made between the of- ficials of the Union Pacific and the Rock Island and Milwaukee roads at a meet- ing held in New York. A meeting was held in the directors’ rogm at the Union Pacific headquarters about the middie of April, 1860, There were presenty Vice President’ Hol. comb, Chief of Construction Cameron, Gen- eral Solicitor Thurston, Assistant General Solicitor Kelloy, for the Union Pacific; President Cable and General Counsel ‘Withrow and M. A Low for the Rock Island, and President Miller and Joha M. #ish, gen’ eral solicitor for the Milwaukee., The con- tract was gone over in detail and copies com- pared by these gentlemen. It was copied agaw and agroed to the next day by all par- ties, after which it was forwarded to Boston, ‘Vice President Holcomb followed the con- tract and was present at the meeting of the executive committee of the directors on April 22, 18%0. The contract was approved by the executive committee. On Aprit 30 the contract was submitte to the annual meeting of stockhold- ers at which over two-thirds of the stook was represented. The coutract was unanimously ratitied by the stockholders, The contract was presented to the board of the Omaba and Republican Valley road and ‘was ratified by the stockholders at a special meeting held July 30, Judge Withrow then went over the con- tract in detail, explaining at length the iuter- xrouunn of the several clauses. Continuing 0 said that the Union Pucific had entered into the performance of the coutract by using. the tracks of the Rock Island between McPherson and Hutchison. The Union Pa- clfic continued to use these tracks untal two wooks after the present suit had been brought. He detatled the circumstances of the refusal of the Union Pacific 1o allow tne Rock Istand to encer upon the performance of the contract, and tho sudden shutting off of tha Milwaukee's use of the bridge and tracks to South Omaha. He taen referred to the changes which took place in the manage- ment of the Union Pacific and alluded to the incidents which followed as characteristic of the Gould managemewt of all roads under his control. Coming to the famous letter of (Government Director Plummer, Judge Withrow stated that_he had been curious to know to whom Mr. Plummer alluded when ho said his *at- tention had been called to the contract.” ‘When Mr. Plummer was put on the stand he stated that his attention had been called to the contract by Judge Dillon, He also stated that he had three interviews with Judge Dil- lon and several interviews with Jay Gould at the latter's house before the letter was writ- ten. The main points in the letter were jot- ted down at these interviews and Mr. Plum- wer afterwards wrote the lotter in which he asserted that the government's iuterests were belug interfored with and advising that the operation of the contract bo suspended. Judye Withrow then proceeded to impugn the motives of the management of the Union Pacificin_their actions in the matter and asserted that it was only asubterfuge to gamn timo and secure a better coutract with the Rock Island. He charged that the ofticers of the Uaion Pacific had decided to shut out the Rock Island teu days or more before they potified the Rock Island to that effect. ‘The hour for tho noon adjournment arrived bofore Judge Withrow had completed his statement of facts and court was adjo until 2 o'clock. When the hearing was resumed In the aftoruoon Judge Witherow reviewed the pro- #ceadings already bad in the state and federal courts, io which be took occasion to get in & die at Judge Dundy, assertiug that he had basod his refusal of an injuuction against the Union Pacific on a state of things which had boon shown by evidence never to have existed. In explanation he said that the ac- LS attorneys Withrow ound that ample nea -~ tion of the court hiad beon based on tho as- sumption that the contract had never been ratified by the stockholders, wheroas thers was ovidence o tho effoct that the contract nad been ratified at a regular meeting of the stookholders. Judge Witherow then took up tho question of the annual rental to bo paid_by the Rock Island and Milwaukeo for the use of tho Union Pacific tracks. He showed, by means of maps, the torritory covered by the tracks of the Union Pacific and on which 1t claimed the rental should be based. Ho claimed that tho territory sought to be brougnt into_this ter included territory to which the Rock nd made no claim and to which it was not any right by the contract concluded Judge Witherows' state- ment of the facts in tho caso and he was fol- lowed by A. J. Poppleton, who presented the law and the mll}mrium upon which the plaintift reliad, Mr. Popoleton plunged at once into his subject, referring to authorities tosupport his stand that a contract mado in a regular way and approved by the proper officials and within the power of the corporation to make was presumably valid and it rested with the courts to enforco it, The defendants had urged that the con- tract was not valid, because it was not rati fied by the board of directors, but this objc tion was not mado until aftér the contra had been violated and after tho Milwaukeo ad had been carrying out its portion of the contract for six months, There was no dis- pute that the contract had been approved by the executivo committeo of the board of di- rectors, and also by the stockholders. Mr. Poppleton read = from the charter of " the Union Pacif road to provo that tho corporate power of the company was vested in tho stockholders. The resolution passed by the executive com- mittee of the directors provided that the con- tract should bo approved, provided it re- ceived the approval of the stockholders, thus showing that the governing idea in that com- mittee was that the approval of the stock- holders was all that was necessary. Ho read from the charter a pussage defin- ing the duties of the directors and declared that the dircctors had no right to approve such a contract, but that it was necessary that the stockholders take such action. The resolution referred to gavo evidence that this fact was well known to whoever dictated tho resolution. Passing to the question of the validity of the contracts, Mr. Popploton held that they were not ultra vires on their face, The de- fendant held that no express power was given by the charter to lease its propert franchises, and that the effect of the contract would be to divest the Union Pacific of the control and exerciso of its own cor- porate powers and tous disablo 1t from the performance of its public duties. These objections, he said, wero evidently based on the assumption that these contracts were leases which, Mr. Pobpleton held, was not the fact, as the' contracts provided’ that the full coutrol of the ronds and trains should be vested in the officers of the Union Pacific. Mr. Poppleton charged that the Union Pa- cific was afraid that it would be deprived of tho privilege of collecting tolls upon tho passenger and freight trafiic which passed over its bridge if the Rock Island and Mil- waukee roads were atlowed to haul thir own traius with their own power over the bridge. He read from the supremo court report. to show that wherea contract was not, on its face, boyond 4he power of the corpora- tion by which it was made it would be presumed to be valid in absence of proof to the contrary. Speaking of the effort made to mako it ap- pear that the government's interests were suffering, Mr. Poppleton said that the gov- ernment had not only not interfered, but had refused to do so, “although Mr. Plummer traveled nil over Washington to enlist tho co-operation of the president, the secretary of the interlor and the railway commission- ors. If the contracts were void Mr. Poppleton held that it must be because they provented the Union Pacific from operatiug it own trains or using the seven miles of track be- tween the Bluffs and South Owaha. Tle contracts had not been shown to so operate, and it rested with tho defendants to_show that the coutracts would prevent she Union Pacific from operating its own trains, Mr. Poppleton then quoted from the testi- mouy of Chief Engineer Smeed of the Union Pacifle, who stated that the capacity of tho bridge would allow of the passage each way of 250 trains of forty cars each per day. Passing to the general question of the ad- vantage possessed by tho Union Pacific when its bridgo was the only one across the river, Mr. Poppleton charged that the extortionate rates charged by that road had resulted in bringing other roads and other bridges across the river and had further resulted in a depletion of the rovenues of the road. He charged that the bridge had not been oper- ated toits full capacity and quoted trom the testimony of Peter A. Doy, an expert _engineer, to the effect that the Union 'Pacific bridge had never been operated to one-tenth its capacity. He further stated that it had beer. stated at the conference held in New York between Dillon, Cameron and Adams for the Union Pacific and Messrs. Cable and Miller of the plaintiff roads that the capacity of the bridgo was ample for the business of the three roads, Mr. Poopleton then read at length from the testimony of W, H. Holoomb in support of this statement concerning the ca- pacity of the bridge and tracks. Passing to the power of the Union Pacifio o make contracts such as those in question, Mr. Poppleton stated that this system was built by one federal corporation and four state corporations, aud the federal corpora- tion was required to admit the trams of the state corporations upon its tracks. He quoted from acts of congress compelling tho ‘nion Pacific to operato the lines referred to as one continuous line, and from an act giv- ing the United States circuit court jurisdic- tion to issue a mandamus to compel the Union Pacific to interchange _business, cars, etc., with other roads. He quoted further from the acts of congress which compelled the Union Pacific to allow trains of any road to cross the bridge for a rea- sonable compensation and demanded to know what benefit these roads would derive from such privilege if they were prevented from taking their trains any further than tho edge of the bridge; or, in other words, if they were prevented from passing over tho tracks of the Union Pacific. ‘The duration of the contract, Mr. Popple- ton urged, had o bearing upon its legality. If it should appear in future years that the conuract was impracticablo 1t might be de- clared void by some future court. . Mr. Poppleton referred at length to what he characterized as the diabolical spirit which had beea manifested by the Union Pa- cific in abrogating these coutracts and their disregard of the injunction issued by the state court. ‘The hour of adjournment having arrived, court was adjourned, Mr. Poppleton an- nouncing that he would consume half an hour in closing this morning. —_—— Western *eusion WasuINGTON, June 1L.—(Special Telegram to Tne Brk.|—Penslons have been granted as follows: Nobraska: Original—Thomas Hill, Buckels C. Travis, James Fuller, John Albrecht, William O'Brien, William Z. Tay- lor, Rubla Armes, Daniel H. Thompson, David Kelly, Alfred Gray, Chauncey Hollen- beck, Thomas H. Gill, William H. Crisp alins James Kennedy, Ashahel Andrus, George W. Adamson, John Liberty, Phitip McCoy, George Crow, Edmund J. Bird, Navy—Alex R. Taylor, Charles F. Eisecley, Theodore Willoughby, Frederick Donke, Sylvestor Day, Elias Peterman, Thomas Os- born, John Gooawin, Sanford Mulliban, In- creaso—Monroe T. Bennett. Original wid- ows—Isabel Moser, Julle Moucrier, Mary Boon. Towa: Original—James D. Halle, Jobn W. Ellis, uman Goodwater, George Ward, George W. McKinney, Thomas W. Hoxie, Charles P, yohnson, Charles L. Hewitt, John Welty, John Gray, Sterns D. Platt, Augustus A. Myers, Isadore Ponte, William B. Mar- shall, George C. Bell, Samuel Duakel, Henry J. Perin, William Lloyd, Alex Morrison, William 'Lindsoy, John FHood, Oliver C. Perry, Wilbert 5. Freeman, John G. Hicks, Charles Fagan, William P, Adams, Josephus Swith, Jobu W. Haitt, Goorge F. Kissler, Fredorick Nogart, Levi D. Atou, John Dover, Heury C. Dowoly, Lowls Jones, Ben- jamin ' Wright, Jonn M.’ Hill, Cyrus'Fora. Jebus Wilkinson, James ' D. Angler. Additional—James Lowls. Increaso Tneodore Johuson, Elwood Clark, Elias N. Hale, Augustus Konis, James M. Smitn, Thecdore Southard, W, E. Noud, M. K, Mo- Fadden, Samue! Backman, Daniel H. Phelps, Orvin 5. Ensign, Jotn H. Wallkinshaw, George W, Lackrider. Original widows, ete, Mary Rooney (mother), Henriet Thull, ‘Thomas Tucker (father), Belinda Blackman (mother), Caroline H. Sears, Hannat A. Rea, Rosiun Liendickor, Culinda A. Clark, Mary M. Warner (mother), LAST SOUTH OMAHA SUICIDE. Jotin Flook Ends His Tired Life by Shoot= ing Himself, BULLET SENT THROUGH HIS BRAIN. Mental Derangement That Unfitted Him for Work Assigned as the Cause — Other News from the Magic City. John Flook, residing at 2420 S street, com- mitted suleide by shooting himself at 5:45 o'clock last evening. Neighbors heard the report of a pistol, and search was instituted. The dead body of Mr. Flook was found in au outhouse, Be- side him lay a 32-caliber revolver. The un- fortunate man haa placed the muzzle of the revolver in his mouth and fired, the shot causing death almost instantly. The ball did not touch the lips, but riddled the tongue. Coroner Harrigan was notified and Under- taker Heafey took charge of tho body and drossea it. The inquest will bo held at Heafoy & Heafey's undertaking room, fourth streets, at 10 o'clock this morning. Mr. Flook was aged tifty-five years and leaves a wifo and ono son, the latter aged ton years. The deceased had been employed in the fertilizer department of the Cudahy packing houses, During the past two weeks the un- fortunate man has not been in_condition to on account of mental troublos, Mouday last he worked, but during all the time of his laying off he has romainod about home, show- ing signs of mental derangement. As far as can be ascertained tho only cause for the act was his unbalanced mind. Mr. Flook was an industrious and econom ical man, was a good husband and father and o trusty employe. The Council's Work. Mayor Sloane and all members of the city council were prosent at the couucil meeting Wednesday night. Ordinance No. 272, requiring a sidewalk to Dbe laid on the west side of Twenty-fourth streot from Q to Wyman, was referrod. N creating Listrect into paving district No. , and authorizing the committes on strests and alleys to_advertiso for bids to pave L street from Twenty-fourth to Thirty-third street with Colorado sandstone was passed. No. 274, creating paving district No. 6, com- prising'Lstroet from the wost end of the viaduct _to_the west lino of Thirty-third street, No, 7, comprising L stroet from tho west lino of Twenty-fourth to the east line of Twenty-seventh straets, No. 8, comprising Q street from the west line of Twenty-fourth street to the east end of the viaduct; No. 9, comprising Q from the west end of the via: duct to the west lino of Thirty-third street; No. 10, comprising Twenty-fifth street from 'the south line of L street to the north line of M streets and from the north line of O street to the north lino Q street. No. 11, comprising Twenty-sixth street from tho south line of L to_the north lino of Q streets, was passed. The finance committeo was_authorized to advertiso for bids for the 850,000 paving bonds. “Lhe printing committee will receive bids for printing blani bonds. The School Exhibit. Tho exhibition of school work in room 2408 N street, mado by tho puplls of tho city, is the most interesting and creditablo educa- tional exhibition ever made in the city, and isas creditable to Superintendent Munroo and his ofticient corps of teachers as it is gratitying to tho board of education and the parents of the pupils. The room is & perfect curio hall and has Deen constantly thronged by irterested and delighted persons. The exhibits consist of: the regular routine work of all the pupils of each of the schools. It 1s not only the duty, but will be a source of much satisfaction to évery parent to visit the rooms. The exhibition will bo open to visitors Friday and Saturday during the day and evening. Notes About the City. Mrs. Douglas Terry is down with the measles, Patrick Shea of the Cudahy force has gone to Boston, Mass. Dr. John Gunn of Arapahoe, Neb., is visit- ing K. A. Carpenter. Gus McDonough, after a month’s visit in New York city, has returned. The new volunteer militia company will meet this evening in Rowley’s hall for drill. The Albright schools will hold a closing terim picnic, Saturday afternoon in Syndicate park. Children’s day will be observed in the Methodist church at 11 o’'clock next Sunday morning. Mayor Sloane will see that the ordinanco against stray stock grazing in Albright is en- forced and the animais impounded. hile av work moving a house yesterday afternoon S. P. Press got his ‘left hand cavght and two fingers were smashed. Rev. Thomas Stephenson next Monday evening in his series of lectures will detiver the first of a sories on the Huguenots of France. . Mr. and Mrs. Charles Kalhorn extend their heartfelt thanks to many friends and neighbors for kinduess shown them in their recent bereavement. Mrs. Eagan, wife of Daniel Eagan, with her son and motier Mrs, Mary Galey, who bas been spending six weeks visiting friends in Ottumwa, Ia., has returned. Building Inspector D. F. Bayless has is- sued a building permit to Benjumin F, Adams, Twenty-first street between H and Istreets. Mr. Adams will have a neat rosi- dence. The Plattdeutscher versen wiil giva its sec ond anuual ball in Bium's hall tomorrow evening. The cemmittee, consisting of Messrs. Frank Humpert, 'Hormanu Wieso and Hans Bellmann, has made every prepar- ation for a fatherland time. The attendance promises to be equal to the capacity of tho all. — Say Do you want to remove those pimples from your face? Use Haller's Sarsapariila and Bur- dock. It is warranted to effect a completo cure, RANK FAVORITISM, The First Ward Assessor's Peculiar Idea of Values. The assessor of the First Ward, Henry Ehrenpfort, feels hurt by the statement that appeared in Tuesday’s BEe, to the effect that he has returned the assessment books and rolls of his ward uncomploted, The state- ment was made upon represeatations of the county commissioners, the county clerk and thoe experts who are now at work upon the books. Reforring to assessors, section 62 of the chapter entitled ‘‘Reveunue,” laws of 1839, suys: *“Pho assessor shall not be entitled to cowpensation until ho shall have filed the lists, schedules, statements ana books apper- taining to the' assessment of proverty for such year, In toe ofice of tho county clork— the booksto be accurately made ana added up. Mr. Ehrenpfort claims this has all been performed. ‘I'be facts do not bear Mr, Ehren- pfort out in his claims. An uspection of the books of tho fiest ward will show that ho bas added the columns of figures ou each page, but they do not show that ho has at- apted to arrive at any conclusion as to the total valuation or real property of the war though the county clerk and tho commission: ers stato that ho has not. completed his work until these footmgs have been made, In another place the statutes stats that the commissioners shall make their lovy from the returus made by the assessor. With M, hrenpfort’s books in their present condii. ion, it will be impossible to make the lovy for'the First ward until the additions in his book are completed, A Asido from (his, the assessment roll of thé First ward shows that the assessor has somo peculiar ard original ideas on values, The Omaha Thompson-Houston electrio light company openly boasts of having & paid up capital of 500,000, besides $400,000 of first wortgage bouds. The plant and principal place of business is in fhe First ward, which makes it liable to assessmont there, The power house of .the company is situ- ated upon a tract of 'land, ninety-two one hundredth of an seve, and is rogarded as being one of the best, buildings in that po tian of tho city. Tt is filled with costly ma- chinury, but notwithstanding all of this the plant I8 assossod at)onlv 0,000, while the Metz brewery, that was built’ years ago and cost much® less IS assessod at $18,000, To prove Mr. Fhrenpfort's idea of values, tho books of the First ward will show how ho has assessed other property in tho vicinity. The Goodman drug company build- ing he places at $10,000; the Bomis bag fac- tory, $11,000; the Trontman building, £0,000; the Bushman building, £10,000; the Moline- Milburn building, $10,000; ‘the’ Ames build- ing on Lower Farnam, $,000 and the Mulvi- bill building, §9,000. Mostof these buildings are smaller than the cloctric light company's building, each occupying a single lot, whilo that of the light company occupies threo lots, to say nothing of the cost of engines, boilers, dynamos and wachinery that is contataed in the light company’s building, On the valve of personal property, the judgment of Mr. Ebrenpfort is even worse than upon real estate. Not only this, but ho could not find_property when hie got down in the vicinity of the foot of Jones street,as the following ~ schedule of personal property of the electric light company, taken from his own ook, will show : Steam engines, Tools, Sof: Oftice furniture. All other property., Total, Soon_af Mr. Ehrenpfort’s ideas of values grow, for upon reaching D. M. Steelo & Co.’s place of business, he had no hesitancy in assessing the stock of goods at §17,000, and at the storo of the Omaha_hardware company he found 600 worth of property in short order. The of ‘the Omaha clevator he listed at $20,660, and that of Fairbariks, Movso & Co. at 315,000, Outside of the electric light property Mr, Ehrenpfort's idea of values is as high as other assessors, but down there his roturns show that he found only a small amount of property, as compared with what tho com- pany owns, A Gain in the First. The clerks who aro working on the assess- ment books havo comploted tho footings of tho personal proporty of tho First ward. Tho figures show a valuation of 40,903, a gain of about $15,000 over last year. A Delinquent Assessor. Assessor Cosgrove, who listad the property of the Third ward, having failed to return his book, the commissioners tired of waiting and sent an oficer after the man and the docu- ment yesterday afternoon, e e Do not forget, that Haller's Pain Paralyzor will cure all cases of dysentory, relioving the griping pain and restoring the bowels to hoalthy action. e PERSONAL PARAGRPHS. John Oliver, & leading business man_of Modale, Ia., is in the city ana called on Tnk Bre. Captain Prico, wifo and sister of Liver- pool, England, are in the city, guests of their uncle, Mr. James McVittie, Miss Fannio Arnold, who was injured so- verely through being thrown from a car- riage Wednesday évening, was much better last night. Her anklo was painfully bruised, but is improving nicely. SemmRgs Mothers will find that Halier's Pain Par- alyzer 1s a suro_and pleasant cura for dar- rhoca. BETTER POSTAL FACILITIES. Somothing Will Soon Be Done to Tmprove the Omaha Servioe, LACK OF ROOM HAS DELAYED MATTERS, A Local Coal Dealer Said to Have Made a Nice Little Deal to the Detriment of Competitors. Ciicaao Orrice or Tae Bem, Cnicaco, June 11. There will be a post office inspector in Omaba in a short time. First Assistant Postmaster General Whitfield, who passed through Chicago today enroute to Washing- ton, is authority for this statement. Ho was chosen to deliver the Memorial day address at the National cemetery in Rock Island and while west decided to inspect a number of the post offices, He visited St. Paul, Mion- eapolis, Milwaukee and a number of the smaller offices and has just been through the noble ruin, from which the mail of Chicago is distributed. “It was a little dangerous, I suppose,” ho said, with a smile, “but aman in my po- sition must have nerve, you know." Of the postoffice at Omaha he said: “The postoftice department, as you knosw, has noth- ing to do with the construction of buildings. We must depend on tho treasury department for that, but after buildings have been con- structed we will seo that they are suf- ficiently provided for. At least wo will g0 a8 far as the appropriations permit. Tho trouble at Omaha has been for many ' years that the quarters wero so very limited it has been impossible to increase the service as much as the work demanded, because if we put in all the men who aro needed thero they wouldn’t have room to turn around. “Whilo I was postmaster at_Cincinati we had the same dificulty until I succeeded in getting additional’ room by having the customs oftice and other similar offices moved into other quarters. It is a compara- tively easy matter tu change other depart- ments in this way, but it is a much more se- rious thing to move n{mqin{l\uu." As aresultof Mr. Whitfield’s tour of in- spection there will be an increase in the sal- ary lists at all the points visited, the change going into effect on July 1. “I wanted to tako in Omaka, Denver and Kansas City on this trip,”’ suid he, “but was obliged to return to Washington before I could do so. Very soon after I get back there, however, I expect to send out Mr. oddard, one' of our confidential men, to complete this inspection, To what extent the service at Omaha will bo improved I can- not say until he roturns,” The businoss of the throught the country, he said, is increasing at an enormous rate although the last appropriation for tho postofiice department was only $600,000 greater than the previous aporopriation and he intimated that this would not permit such s in clerk hire, carriers and similar ce as the business demanded. he third and fourth class offices are suf- fering for want of inore help at present,” smd he, “some of tho clerks working sixteen = hours & day in order to keep up with the work. The big offices nave been pushing their claims to such an extent that the needs of tne smaller ones have been overlooked.' Postmaster General Wanamaker is hara at postoffices work on his plan for a postal savings systom and will have an elaborate report on tho sub- Ject Lo present to the next congross. “'Ho has statisties from every country in which postal savings systems are in opera- tion and also from every savings bank in the United States. This information, carefully tompiled and arranged will be submitted when congress moets and every offort will be mado by tho postmaster enoral and those who favor his iden, to so- curo its adoption for this country, He is thoroughly convinced that it would justify its ostablishment." Tho postmaster general is as much {n earn- ost as ho ever was about a postal telograph system, “He knows & good thing when he sces it," sald Mr. Whitfleld, “and he is not tho man to lot go of it. Ho has just comploted & compiiation of faots and newspaper com- meuts on the projoet, for genoral distribution. You seo he intends to keep the question be- fore tho peoplo and congress will certain! hear from him on the subject when it comes together again,” AN OMAIA COAL DEALER'S SNAP. There has been a rumor afloat m railroad circles hero for the past two weeks to tho effect that one of the big Omaha coal dealers was stealing & march on his competitors, there- by laying in his wintor supply of coal cents per ton reduction on the regular The coal 1s said to have been shinped from Toledo by way of St. Louis and tho offending line is said to’ bo the Toledo, St. Louis & Kansas City. Some of tho other ~dealers claim to have covered evidence sufticient to prove that s road has been violating its agreement as a member of the Western F'reight associa- tion by malking this cut and that these ro- duced ratos have been sccrotly granted for so long that this dealer in Omaba has already laid in a largo part of his winter supply. According to tho printed tariff sheets the rato via St. Louis should bo no lower than that via Chicago, and tho dealors who claim to have been loft out in the cold want tho Chicago lines to make o similar reductio This the latter profess a willingness to do if they have sufticient proof that the other road bas been making this cut and the repre- sontatives of the Omala dealers who are now in the city say tho proof shall bo forth- coming. ““I'hiere has boen a report current for some- timo that such a cut was boing made,” snid the general freight agent to Tk Bk ropre- sontative today, “but we kucw nothing dofinite about it. Rumors of this sort aro very common, but it is always difficult to get at the facts. If tho management of tha Toledo road wero asked whether this cent cut is being made, thoy would of course deny 1t, and if there aro dcalors in Omaba who aro recoiving the benefit of suc a reduction, they would be equall careful not tolot the fact bo known. I don’t think the Chicago voads will make any in- vestication on their own account, but if the dealers who charge that thocut is being made prove their ussortions, wo can be de- ponded upon to meet it promptly.” The Missouri Pacific is said to bo the line over which the coal was shipped to Omaha, Acting Freight Trafic Manager Parker of St. Louis, who is in the city fora fow day: as found at the oftices of the company, 199 Clark street. The whole story is prepostorous,” said he. ““You may say that the Missouri Pacif not and has not been & party to any such ar- rangement. Wo are charging the same rates that other roads do. This is the sort of stuff that s sot afloat every summer when some of the big dealers, taking advantage of tho cheap price of hard coal, begin to lay in a winter supply. This is beiug done at Omaha at present, honce this rumor ahout cut rates Whenever charges of this sort are made by Chicago roads it is bocause the Missouri Pa- s getting moro coal business than they think it is entitled to, and not because any departure is being mado from the tariff sheet. 1t1s very impronable that the Toledo road is making any cut, as it only gots about $1.95on the ton and couldu’t afford to mako any re« duction of this.” ASSUMING DEFINITE SUATE, The proposal by rectifiors of this city to build distillery {n opposition to the whisiy t took more definito sbapo today. Itis rstood that tho oapital is alvoady sube bod and that the new distitlory will v 1 the Rectifiors co-oporative distilling company. A plaut, it is said, large enough to supply the wants of the rectifiers, will cost but $150,000. The question of get: ting spirits pending tho erection of the dise tillery is not bothering rectifiors, as thoy tho trust could not refuso to sell to thom if thoy paid casi v counr, Tho new appellato court, provided for by an nct of the last congross to reliove the United States sapreme court of o largo pore tion of its worl, will b ostablished in Chicago noxt weok. Judgo Gresham nn- nounced today that Justice Harlan of the supremo court will be in Chicago Monday and on Tuesday morning he will organize the new court. Tho teibunal will cousist of Jus tico Harlan, Judge Grosham and Judge Blodgott, but the last named will bo a mome ber of the court only until the president ap- points the new appellato judges, oue for each Judicial cireuit, A DIG CARGO. Tho biggest charter for a singlo cargo ovor made on 'chango was that of tho now stoam- ship, W. H. Gilchor, closed this morning, of 120,000 bushels of corn, or 250 carloads. WESTERN PEOPLE IN CHICAGO, Among the wostern pooplo in today were tho following : At the Auditorium—D. H. Lanuan, Salt Lake City, U MeDonell, Faicbury : Mr. s. M. Welden, Omatin; M and Mrs, . B, and Mrs. K, H. Gilchrist, i )\ 8. Tuttlo, Butte, Mont.’; 8 oines, In.; Mr. and Mrs. ( Omaha 1am A. Chossma C. Flint, Helona, Mont. ; Fort Shaw, Mont. At tho Leland Buriley, Omaha. At tho Wellington—P, Omaha, At tho Grand Pacific—W. Naugle, Omaina; M. Grigst D.; Mr. and Mrs. A, D, M more, Neb. At ‘the Tremont—Mr. aud Mrs. J. M. Oase, Miss Case, Miss Borody, Miss Carter, Omaba, At tho Sherman—Mr: Mrs, D. T Gilman, Oma) Chicago Mr, and Mrs. Frank J. D. Lawrence, R. B, Campbell, ArRiNsON. Uso Hallor's Sarsaparilla and Burdock, the great blood purifio Eesl e Private Oarter's Funeral. The body of Private Carter, who was_shot and killd by a fellow soldicr at Fort Doug- las, near Salt Lako, a week ago, passed through tho city last evening on the way to the rosidence of tho young man’s parents near Pacific Juuction, In. The body was accompanied by tho father of tho deceased, M. C. Carter, an old resident in this scction, who went to Salt Lalko as soon s he of the misfortuno that had bofallen his son. The body arrived over the Union Paciflo and was transforred to the B. & M. at this voint. Interment will take placo today. b e Ladies who value a must use Pozzoni’'s Powder. soft and beautiful skin ke American Wonders, Yellowstone park is beyond all ques. tion one of the world’s groat wonders, and tho Union Pacific excursion in July will be the event of the season. Ask your nearest Union Pacific agent about it. refinad complexion It produces a See what it is! E CONTINENTAL,” FREELAND, LOOMIS & CO., PROPRIETORS. GRAND GCLOSING SALLEKE OF 3000 PAIRS OF OUR FINEST SPRING and summer fancy worsted pantaloons at a most startling reduction in prices from early figures this season, A:NOVEL.AND ATTRACTIVE SCHEME. Read the details and methods by which we assure every purchaser of a BONA FIDE REDUCTION IN PRICES. No talk, no words, no imagination connected with it, but actual discount made from former prices and pazd to every purchaser in SILVER COIN. Commencing Tuesday, June 9th, weoffer as stated above, 3000 pairs of our finest and most fashionable styles of fancy worsted spring and summer pantaloons, of which we have a large sur- plus received too late from our manufactory, at a most bewildering reduction on every pair, amounting in some instances to 40 per cent discount. In order that there be no question in regard to the actual discount made each purchaser, the original prices marked on each pair of pantaloons will remain the same as they have been all the season, and the actual reduction made wi// be given to the purchaser in Stlver Coin. You can handle it and estimate the discount you are getting without any talk from the salesman. On this entire stock of 3000 pantaloons, on all that are marked $4.50 and over the discount in silver will be found attached to each pair of pantaloons, and after payment of the same the purchaser will be in possession of an amount of silver coin that will show him the most amazing and satisfactory discount which he has ever received. Lot 1. 500 pairs of Fine Striped Worsted Pantaloons, correct styles, most desirable color- ings in every respect, at $4.50 per pair, accompanied by the discount, which will be gaid 2n sitver, on every pair. Lot 2. Lot 3¢ placed on the market, at $6 a pair. purchaser from this lot. Lot 4. TWe offer 500 pairs of the very finest quality Fancy Worsted Cassimere .Pantaloons made in America, all tailor made, and embracing ties of both’domestic and foreign makes that are so popular this scason. at $7 per {¥dir, with Zze large cash discount payable 1 sitver coin which accompanies eack sale. As it is our purpose to distribute these bargain pantaloons as widely as possibly, and as the novelty of paying the cash discount in cash in sizver coin is original, and we wish to make it as widely known as possible, we reserve the right to deliver but one pair of pantaloons to purchaser at the time of purchase. Continental We offer 1,000 pairs super quality F We offer 800 pairs of our popular $5 line of Fine Plaid, Striped and Mixed Pan- taloons---goods made by some of the most celebrated American mills---all new, fresh, desirable styles, and* with each pair purchasedthe dzscount in Sitver Coin will be obtained by the purchaser. ancy Cassimere and Fancy Worsted Panta- loons mantufactured in our own machine rooms in the most perfect manner, the latest styles A large cash discount in silver will be received by each and Silk Mixed Striped all the choicest novel- We offer them now wch Clothing House, CORNER DOUGLAS AND 15TH STREETS, Largest Wholesale and RetailClothing House West of the Mississippi River.