Omaha Daily Bee Newspaper, June 14, 1891, Page 5

- ~— THE OMAHA Kelle, Stger € Co Kelley, Sger & Corner Parnam & 15th Sts. Ml SILKS [ OC. On Monday, and until all are sold, we offer the best quality 24-inch Wash Silks, in all the new desirable styles, at 79c¢ yard, We have never sold these silks for less than ¢1 and $1.10. These silks are in great demand for fancy shirt waists. thraa;dinaru Bargain 24-Inch Printed China ATSilks 90e. We place on sale Monday our entire stock of 24-inch Printed China Stlks, at 90c per yard. In the lot will be found some very desirable new styles, in black grounds, just received. None these silks have ever been sold for less than g1 and $1.25. Monday's price goc per yard. ‘This isa bargain you cannot afford to overlook, Qn‘ncr F;\rnuxp &7 15th St. CREAM India Silk. 75¢. Tomorrow we offer a special lot of 24-Inch India Silks, in cream and white at 75¢ yard, well worth 90c, 24-inch Cream India Silk 85c, worth $1 24-inch extra heavy cream and white India Silk at $1 yard. CREAM Brocaded India Silks, 24 inches wide, for this sale, $1 yard. Very handsome brocaded India Silk, really worth $1.65; on Monday we offer them at $1.35 yard. BLACK JAPANESE SILKS, 78 Cents. 24-inch Black Japanese Silk at 75¢ yard; equal to any silk you can buy in the city at $L 24-inch Black Japanese Silk at 85c¢. 26-inch heavy black-Japanese Silk at $1.10; this is a special bar- gain, regular $1,35 quality. BLACK SURAH. A new invoice of Black Surahs bought at special prices will be placed on sale Monday. Black Surah 65c, worth 80c. Black Surah 75c, worth 90c. Black Surah 90c, worth $1.10. Black Surah $1, worth $1.35. These Surahs are in great de- mand for Jadies’ shirt waists- Kelly, Stger & Co "G REAT REDUCTIONS e TN e DRESS GOODY 1 5¢ Printed Tussah Clofh Henrietta Sateen WARRANTED DYE. Beautiful in finish, the best Black Henrietta in the market: 200 Reduced from 25c. 71/9(3 Former price 30c. BOC Cut down from 35¢ Challie, Challie, 19c. 19c¢. Challie, 19c. PLAIDS 45c. 45c. We offer one case of choice Plaids during this sple at the low price 45c.[i 45c. 45c¢. BRILLIANTINE. 1/ a—All oolors, pure Mohair, 40 42/20 inches wide, reduced from GOC—Foncy oud fino strivos, best imported, former price 81. G5t inch extra fino grade, splendid mixtures, cut from 81, BRILLIANTINE. Black pure Mohair, 40 inches wide, 45c. 45c. 45c. NUN’S VEILING, Black Imported Nun's Veiling, for this sale we reduce from 750 60c. 60c. 60c. SERGE. Our 65¢c All Wool Black Serge will be during this sale 50c. 60c. 50c. KELLEY,STIGER &Co KELLEY,STIGER&C KELLEY,STIGER& Co SUNDAX L4 Kelley Stiger & Co. Cor. Farnaif. and 15th 14 gy Black Orand We are showing the most varied and com- plete assortment of Black Organdies and Lawns, in both stripes and plaids, that can be found in the city. On Monday we offer our regular 18c qual- ity for 14c. Special values at 18¢, 20c¢, 28, 28c and 28ec. It will pay you to ex-~ amine this stock before making your pur- chase. Figured mulls 88c. Printed India dimi~- ties 18c, regulor price 28c. CHALLLS . New styles challis Be Dress ginghams Be, worth 8%c. Select styles dress ginghams at 12%c and 18c. Maztpa (o 29c. 10-pieces.fine Mazep- pa cloth “with black ground and, white fig- ures, very:desirable, reduced for this sale to 29e¢ yand; regular price 88c. " KELLEY;STIGER &Co Nelley, Stier & Co. Keley Stiner & Co. Kelly,Stiger & Co Corner Farnam and 15th Sts double heel and toe, reduced for thig sale from 85c to 25c. ¥ SPECIAL, SPECIAL. SPECIAL. Wo have taken all of our Fancy Hose, in plain colors, fast black boot, ete., that we have been selling at H0c, 650 and 75c together with our 50 quals ity Fast Black Cotton Hose, and place them on sale for this woek at 85¢ per pair or 3 pairs for 81. This is a gonu- ino bargain, and every lad in - ciate it. g bl UNDERWEAR. A gpecial lot of Indies’ Ribbed Vests 2! 19¢ each or 3 for 50c; regular price We nlso place on sale ludies’ Swiss rinbed pure silk Vests, in sky, pink and cream, at 31.35 each; never sold for less thao $1.65. CHILDREN'S Black Hoswry. 0da lots and odd sizes in Children’s Black Lislo and Cotton Hose, in ribbed and plain, that we have sold {rom 50c to 90c per pair, sale price 35¢ per pair or 3 pair for 81, ' In tnis lot will be found many of the celebrated ‘‘Linworth” dye.” This is the greatest bargaid in Children’s Hoso we have ever offered. MEN’'S BALBRIGGAN UNDERWEAR. We still continue to sell Men's Genu- ine Krench Balbriggan Shirts and Drawers at 624c, each, worth 85¢c. These goods if imported today could not be sold for less than 81 * Examine quality and be convinced. Blck Mits, Black Milanese Silk Mitts in two lengths at 25c per pair, good value at 850, Biack Milanese Silk Mitts, extra heavy, in three lengths, also oxtra largo sizos, dlc per pair; good value at c. Extra fine pure Milanese Black Silk Mitts, regular 81 quality, for 75c. Cor, Farnam and 15th. Special Sale —OF— & BLACK SILK Drapme Nes, Figured, dotted ana striped effects, in pattern lengths ranging foin 6 19 1 yurds, at 83.50, $4.60, £6.50, $7.50 & $10. BLACK ALL SILK Demi-Lace Flouncings In all the popular styles. Creme, Antige, Val and Mecklin Point Demi-Lace Flouncings All at popular prices. [ Corner Farnam and 15th Sts. == e 5 ==m TOWELS, 16%. A special purchase of fine All Linen Huck Towols, regular 20c guality, will be placed on sale Monday at 163c each. [3 21c. We have tnken 100 dozen of our regu~ lar 80c Towels, and will offer them for this sale at 21c each. 29c. At this price we offer you a large as- sortment of extra tine Huck Towels with damask borders and knotted fringe, etc., none worth less than 460, Salo price 2. TURKISH TOWELS, 30¢ nt a fine Towel for the bath If you wi we offer you room. coms and soe what Monday in White Turkish Towels at 30c each. They would be cheap at Lad;es; I’fan(lkcrchicfs We are cleaning up stock in this de- partment, and have made a few sweep- ing reductions. & Don’t fail to visit this department when down town. LADIES’ ALL SILK WINDSOR TIES In plain and figured China sill, also grenadines and rich plaid und striped silks, 5-in and 5i-in wide by 36-in long; only 25¢ each. Superb effects in rich figured Japan- ese and Chincse silk, also lovely plaids and stripes in fine twilled wash silks, 5%-in by 88-in long; only 50c each. 5 The correct thing to wear with chemisettes, shirtand blouse waists, bla- zers, ete. 45-in black embroidered skirtings. 45-in white embroidered skirting: 224-in and 27-in- white embroidered flouncings. & Have all been greatly reduced. ULOAR DEPT. We are showing some very choice styles 1n long wraps, suitable for trav- eling. Also a splendid assortment of blazer jackets, in dark. medium and light shades, also creams. In ladies’ shirt waists we show you all the new styles and patterns in silk, per- cale, sateen and English cheviot, at popular prices. KELLEY,STIGER &Co KELLEY,STIGER &Co MADE THEIR FINAL PLEAS, ‘moling Arguments in the Union Pacific Bridge Oontrov ersy. MR, THURSTON DISSECTS THE CONTRACT. He Shows From His Standpoint ‘\ . How the Union Pacific Would ¥ Be at.the Rock Is- land's Mercy. ‘When the United States court opened yes- terday morning thechairs usually occupied by the jurors, placed on a dais in the southwest corner of the court room, were occupied by & number of ladies who had gathered ta Listen to Mr. J. M. Thurston 1n his eloquent exposition of the Union Pacific's side of the famous bridge case. The ladies seemed to ®ct as an inspiration on the speaker, who de- Alvered a most eloquent peroration. ‘The court room was crowded with lawyers and citizens who listeried intently to every ‘word uttered by the speaker. Judge 'Thurston opened his argument by saying that ne had been entranced by the elogquent manner in which Judge Withrow mado an alloged statement of facts at the opening of the case, The story told by the gentleman resembled a romance by Haggard or one of tho welrd tales of Verno, The gen- tleman had frescoed the cold facts in the caso with an elaborate array of picturesquo state- ments without any regard for the connection. . It would appear that the Union Pacific had been auxionsly waiting for vears fer a chauce Sagire away tho uso of lta bridgo and termi- Bals to somo othar company, He charged nl'. the whole proceeding was a game of uff on the part of the Rock Island. It was made for the purpose of briuging . this thing %0 the attention of General Dodge and Mr Adams 1 order to induce them to make the Rock Island an offer of the use of the Dbridge and termials of the Union Pacific. He eharged that the Rock Isiand and Milwaukeo had never intended to erect a bridge soross the river, but their protense of so doing was only a part of the game to gain an advantage over the Union Pacific. The effort of counsel had been to show that Sidney Dillon had been presant at the con- ference in New York when the contracts were under corsideration. The speaker held that Mr. Dillon had been present only & fow moments at in- tervals and had asked immaterial questions. The speaker admittod that these points cut no figure in the contracts, but ho referred to them merely to show the Bourt tae manner in which the plaintiffs had sought to entangle the case. If the courts should decide that the Union Pacitic had the power to execite this con- traot there would be no ground on the part of thoe other side to claim thau they had beon overreached or taken adyan- tage of, but if the court should decide that the contract was ultra vires, then also could thore be no ground for a cluim that the othor #lde had been entrapped into the expenditure of millions of doilars in the extension of their system. ‘The speaker denled that the contract was 0 accordance with the memorandum notes | made at the comference in New York. These notes had never been seen since thoy were given to Mr. Withrow, and the speaker charged that they had disappeared from the face of the earth. Tho speaker suid that ho was not here to argue that the coutract was not a copy of the memorandum, but he said ho was here to assert that the Union Pacifio, when it used forco to terminuté a contract which was faninat ta intarests, dla what 1t thought 1o st. » The the th evidence would show that parties who were anxious for completion of the contract were the Rock Island and the Milwaukee people. The authorities in Bostou did not have time % exnmine It, Lo stockholders had not read i, and it was an unconsidered, hasty snd ili- Sdvisod action on the part of the Union Pa- fifo.| Ho adumittod that that was uo defouse d he know that it rested with the Union Pacific to carry out the terms of the con- tract. It was a matter of record, ne claimed, that . these conuracts had never = boen acted upon in & legal manner. Back of the seals and signa- tures must be the power and the authority, and back of all must be the statutes, Cor- porations were controlled by the laws which created them. 5 The facts of the case had ‘been inquired into and on these facts tho case must rest. It had been shown that the power of logisla- tion rested with the stockholders, ‘Ihe by-laws enacted by them constituted the powers of the committees provided for by the stockholdors, It was the geueral law and provision of the by-laws that the board of directors had the sole management and disposition of the property of the corpora- tion. He quoted from the charter to the effect that “the stockholders shall constitute the body politic and corporate,’” laying stress upon the term ‘‘constitute.” Judge Thurston held that the diroctors del- ogated their powers to the executive commit- tee of seven, but this committee could not act unless all seven members were present. To this Justico Brewer took exceptions and several moments were cousumed in an argument in which the court took the ground that the committee was a body as a whole and in bodies of that kind & majority of tho committee constituted a working body. Judge Thurston stood his ground and stated further that no notice of the meeting of the executive committee had ever been issued. Sidney Dillon was a mewber of the executive committee,and, the committeo had substituted a Mr. Carr _as a substitute for Mr. Dillon. This, he held, was beyond the power of tho committee to do. “This meeting authorizod the president and secretary to executo the contract, which ac- tion was illogal and gave those officers no wer, ‘The speaker held that the action of the stockholders was not a proper ratification of the coutracts. The records showed that the contracts were not read to the stockholders and as faras the records were convernod nona of the stockholders kuew anything about the terms of the contract. He held that where the directors of a cor- oration were given power to transact the Blsiness of the corporation the ratification of the stockiolders was a farce. Judge Thurston then went on to say that the directors were not vested with power to disposo of the property of the company with- out the consent of five government directors. Whon the company was first organized there were only two government directors and this number was afterwards Increased to five, thus showin that the govern- ment intend to have a voice 1 all the proceedings of the corporation. If the provosition set forth by the gentlemen on the other side were true the executive committee might hold & meeting without any notice to the world or any one else and dis- pose of the entire Union Pacific system. He therefore held that the contract was never ratified, and at the first full meeting of the directors the contract was disativmed. Judgo Withrow Interjectod that this was the first meeting after Jay Gould got posses- sion of the Union Pacific, Judge Thurston admitted that this was true, but argued that Gould had doue what any honest man would have done, namely: Cut out by the roots a destructive contra The judge held that the action of the Union Pacific had been justified in its acts in abro- gating the contractin order to preserve its revenues. If the Union Pacifio could auother company 10 enter upon the equal use ~of its tracks from Council Bluffs to Svuth Omaha thore was nothiug to prvent it from loasing 1ts Line to Choysnne, and the speaker said ho would allow advise Juy Gould how to destroy competi- | tion in this section if this stand was good. The speaker argued this point at great leugth. 'Tao other side had ergued that the Uittleness of the contract constituted its legality, Under the contract these companies had the right to put dummy tralus between the Bluffs and South” Omaha, and the Union Pacifio would have to go out of business. Under the contract these companies could take all the business of roads terminatiug at the Bluffs and carry it to Sodth Omaha aud take all the business away from the Union Pacific by simply lowering the pate, and tho Union Pacifio had no power to prevent it. Judge Thurston held st the U could 1ot operate & single through train ou its lue without the conseatof these two roads, because thesupreme court had fixed tho easteru terminus of the Uuion Pucific at on Pacifie | | | Council Blufts. The contracts provided for a board of arbitration for the fixing of time schedules for trains for both the Rock Island ana the Milwaukee. Both boards had control over the Union Pacific trains. If these boards did not agree about the running of the Union Pacific trains, what was to be donei 1f the Rock Island board said to start the Union Pacific train from the Bluffs at 7 o'clock and the Milwaukee said to start it at 8 o'clock, what was the Uniou Pacific to dot Taking up thequestion of the value of the property subject to the contracts,Judge Thurs- ton charged that the figures wiven by the other side were deceptive. They had fizured on two main tracks, when as a matter of fact the contract gave these two roads the use of ull the main and passing tracks which the trafio of thefuture might requiwe. The Union Pacific was required to acquire all the property which might be necessary for the traflic and the other roads had the privilego of using it without any increase in the rental. Speaking of the acts of the Union Pacific in protecting its property Judge Thurston claimed that the Milwaukee had been noti- fied that it would not be allowed on the Union Pacific tracks. Ho said the Union Pacific had learned its tactics of forcibly protecting its property from his friend Pop- pleton, and they should have expected to tind pitfalls propated for thom. Judge Thurston then took up,the question of the contract as it concerned the Kepubli- can Valley road. He held that the cortract had never been ratified by the Republican Valley company and the Union -Paciflc could not ratify the contract for that company. He admittea that the Union Pacific was the sole stockholder of the Republican Valley, but a single stockholder in his individual capacity could not convey away the property of the corporation. The primary reason was that the rental money belonged to the com- vany and must be placed in its treasury to satisfy claims against the com- lun_v. The contract provides that the Union Pacific loases to the Itock Island the line of the Republican Valley and tho Rock Island pars o rental to the Union Pacific. The epublican Vailey gets nothing and is shut out from participation ia the proceeds of the lease. Heunce this was no contract on the part of the Republican Valley road. It might be that tho Republican Valley had stopped itself from interfering with the granting of the use of its line by the Union Pacific, but the contract was not the contract of. can Valley. 1f the should sell the stock of the Republican Val- loy the rental mouey would not follow the stock, henoe the stockholders would have no claim upon the Rock island for rental money for 999 years. Passing to the question of the right of tho Union Pacific to admit_another line upon its tracks, the speaker said he would not contend that the road had no rigut to allow another road to come upon its tracks ana pass along it a short distance and then dodge off, with- out doing any railroad business except tho turning of & wheel, but he held . that it could not give another road the suthority to come onto its line as a competitor., Judge Thurston closed by saying that these other roads could not do the basiness on a road they might build themselvos that they could do under the terms of these contracts. The speaker said the city had been up in arms because 1t had been represented that the oporation of thoto coutracts would bring into this city the commerce of the east. Ho asked the court 1 examine the contracts and see that the provisions of the Milwankee coutract pravented the Union Pacific from ever admitting any other road onto its bridge aud futo its depot. The Kok Island contract preventad the adwission of any othor com- pany except upon the same torms as those on which the Rock Lsland was admitted. At tho close of Judge Thurston's addvess the usual noon recess was taken. The afteraoon session was the beginning of the end. Hou. J. M. Woolworth . addressed tho court in the closiug argument for the plaiotifs. He said it could uot be held that there could grow up' in this country groat corporations which were beyoud the contrel of the cou Passing to the conteutlon that the Rock Island had no power to make coutracts and bad no judicial existence in the state, ho quoted from* the supreme court dselsion’ to show that under similar circumstances tho ocourt had held that such existence was legal. Roforring to the statement that the contract was not bindlug ou the Omaha & Ropublican Valey, he quoted from the evidence to show that the contract had been passed upon by the proper officials aud the directors and stockholders. It had been held that because the rents were to be paid to the Union Pa- cific it was invalid. " He claimed that the di- rectors and officers had directed that such disposition be made of that money. The speaker thon made the claimn that the ofticers of the Union Pacitic were authorized to make the contracts in question. Morcover the contracts had beeu ratified by the direc- tors. The contracts had been referred: to the executive committee and by virtue of its general powers it was vested with the power 1o ratify such a contract. He held that it was competent for tho board to delegate these powers to a comumitteo and the action of the committee was binding on the whole board. He reaa from the by-laws of the Union Pacific toshow the powers ot the ex- ecutive committee of the board of directors, and the clause providing that the proceed: iugs of the executive committee should pe raad to the board of directors at the next meeting, claiming that the board of directors had been informed of the ratification of the coutract and if it had not acted upon it, its non-action was affirmative of thoseé proceed- ings. He then adverted briofly to the fact that the stockholders in a regular meeting had approved the contracts, thereby render: ing them valid without any consideration of the action of the executive committee or the board of directors. He stated that.the charter of the company was sileat upon the question of matters like the one under consideration, and he held that 1n the absonco of any spe- cial provision of this kind the common luw stoppec in and governod. Notone word ap- peared in the charter sotting forth the power of the board ot directors except to give that body power to appoint subordinates for the purposo of construction, and the speaker argued that therefore the power of admin- 1stration and management was vested in tho stockholders. The stockholders met in regular annual session, and he held that the claim that tho call for the meeting should contain the busi- ness of the meoting was not well founded. There was nothing in the charter providing for such a notice, and the common custom did not_require such & statement in the call. Mr. Woolworth argued this phase of the case at great length, reading copious extracts from the charter and the testimony intro- duced to substuntiate his argument, It had been argued that the approval, or, at loast, the counsel and udvice of the gov- ernment directors, was necessary be- fore anytbing could bo dome by tho board of directors. He held that this assertion was mdiculous. Under such a condition it lay in the power of tive mon who had no sort of interest in the prosperity of the company to block the entire roceedings of tue‘¢ompany. If such had n the 1ntention of, jgongress when it cre- ated the office of goyernment diroctor it would ‘nave legislated” accordingly. The charter provided that: the government direc- tors should report to pho secretary of the in- terior the progress aud business of tho com- pany, but there was 'iothing to justfy the contentipn that the pddsdnce or volo of euy or all of these directops was neceseary to tho completion of any business. Judge Woolworth thblf' took up the ques- tion of the competency ek the Union Pucific company o executq gontracts such as the onos lu controversy. {10 Toviewod the bis- tory of the Unioa Toacttie at length showing that the plan from thegery inception of tho road was Lo coustruct:y system of counecting lines frow the Pacitic it to the east. In order to moro fully carky! out this plan the company was suthoriged.to issue bonds for the construction of a 0 scross the Mis- souri river. Ho madathe poiut that tho acts of cougress provialud! Yor tho construction of the bridge -and proyidiug for tho issuing of bonds carried with them the conclusion that the bridge was suthorized for the purposo of forming ocloser conneot; tween tho*Uuion Pacifio and other roa terminating at or near Council Bluffs wud at or near Omaba. The speakor held that the Union Pacific was not released from its obligations 10 the government by allowing other companies to use the bridge aud was not- interferod with in any way in the discharge of such dutles. The coutracts did mot interfere 1 any man- wer with the Ualon Pacific in allowing any othor companies W come across tho bridge, and tho spoaker denied the statements to the contrary, Ho argued that it was porfectly proper and logal for @ corporation to disposé of property for which it had w0 particular use without disabling itself from the proper performance of its auty. Taking up the question of whether or not tho document i coulroversy was & lease, the speakor held that it was not a leaso in the full senso of the term, as it dia not give the plaintiffs possession of the road or any part of it. It wos simply @ traffic arrangement, giving the plaintiffs the right to haul its trains over a portion of the track. Judgo Woolworth concluded his remarks by catling the attention of the court to the fact that the city had granted the Union Pacific the very land over which the Rock Island now desired to run, on the condition that the Towa roads be allowed to run into the depot. At the conclusion of Judge Woolworth's remarks, Judge Dundy asked if the contract did not bond the Unwon Pacific to allow tho Rock Island to entor u depot to which the formor had no title. To this Mr. Woolworth replied that the Rock Island already bad a contract with an- other company which gave it the right to outer the dopot. Moreover, he held that it was cowardly to hide bohind suoh a provision as that when it was a woll known fact aud was shown in the evidence that the Union Pacific owned one-nalf of tho union depot. Furthermore, the Unton Pacific bad ox- pressly stipulated 1 the contract that it did have the power to allow the Rock Island to enter the depot, and that stipulation was binding on the Union Pacitic, even if it should be proven that it had not the power to make such an agreemont. 1n conclusion Judge Woolworth called the attention of the court totho last clause in tho contract, which provided that 1f any clause in the contract should be found to bo invalid it should not have the effect of renaering tho contract as a whole invatid. With this the great case came to a close [ and court was at onve adjourued until Mon- day morning, Justice Bréwer and Judgo Dundy held a consultation 1mmediately ~after _court nd- journod to considor the “case. The former stated that ho was unable to say when a de- cision would bo handed down in the case. Justice Rrower Left last uight. for St. Louls wheroe ho will hold court during tho coming week. Counsel for the Rock Island wore very hopeful for a finding in_their favor. They returned to Chicago last might. Mr. Moriarty Gets Even. Owmama, Neb., June 13.—To the Editor of Tug Bee: Allow me the space of a fow lines in your columns to notice an editorial article in this morning’s issa of the World-Herald, concerning the discaurge by Judge Holsloy of Drs. McLaughlin, Sinclair and Williams, at the preluminary examination closed on yestorday. The editor of that paper scems to have been disappointed at that result, and veatures to account therefor vy what he enumerates as “self-cvident causes.” One of these “self-evident causes,” as ho puts jt, was “a very sickly prosecution.”” As it fol to my lot to appear therein for tho stato in the proliminary examioation, the charge of “sickly prosecu- tion applics, of courso, to the manner in which T there performed the auty assignod me. Whether the charge is warranted 1 shall not unaertako to decide, for the reason 1 prefor leaving the matter to the determination of hose whoso opportunities for observation are better than those of the editor of the World- Herald, and whose self luterest in tho prem- ises is loss than my own. If, howevor, the manner in which I couducted the prosecttion was “sickly,” as thus asserted, the most hu- miliating feature of the suggestion is thut my effort was in that respect marked by the samo characteristic which so strongly distinguishes many of the editorials of the World-Herald. Anothor “seif-evident cause” for the result 50 much deplorod by the World-Herald was, as it claims, the “able defense mado by tho brilliant attorneys for tho prisovers, which coutrasted so strongly with the feebls efforts made by the prosecution.” That my brothers in the profession who appearod for the ‘de- fendants are “brilliant” 1 cheerfully admit, and 1n this particular thoy differ essentially frow the editor who thus attempts to bo their eulogist. No invidious comparison be- tween their abilities and mine can awake in e an envious desire to snatch a single laurel {rom their brows, and I doubt not his c pliment would yiold, t0 them, a sweeter pleasure, had it como from a more reliablo and authoritative source. The last *'sell_evident cause” for tho dis charge of the prisoners, as contended, Is the lenlency of Judgo Helaloy nd his dispositiou to favor the rich and influential while aoal- ing severely with the weak and poor. It may be that the editor of the World-Herald, in bis opinions affecting individuals, is controlled by their poverty or riches; but 50, it may be said to the honor of Judgo Helsloy that hin judicial opinions al- ways ~_rest upon an_entlrely differont basis. Having enjoyed large opportunities for becoming familiar with Judge Helsley in his disposition of cases, I am frank to s that any charge made against bim contain- ing the insinuation that ho is in any way moved to unjust discrimination, by the pov- erty or riches of the prisoners with whom ho deals, is absolutely without warrant &nd does him a serious injustice. Tn conclusion, as the charges contained in the article in question, are but vague and in- definite insmuations, I have endcavored to give thom the mero passing notices their “sickliness’ doserves. J. T. MORIARTY, e _Mothers will find that Haller's Pain Par ilyzor 15 @ suro and pleasant ouro for dar rhoea, e DOGS AND THE DUMPS, They Are Very Badly Treated by the Ofticers in Charge. Councilman Specht has his hands full in tho way of investigations. Ho is looking into Pulaski’s pound privileges, the drowning of unlicensed dogs and the condition of tho city Aumps, as well as the purchase of police uni forms and_equipments and other matters re- lating to that department. s He says tho Jones street dump 1s all right but his stomach and wnole internal cconomy rebels against 'the condi- tion of the Davenport street dump. He attributes 1ts_condition to the careless- ness of tho watchman in charge in allowing the warbage mon to dispose of their loads as they see fit. Night soll, stablo refuse and garbage is dumped around anywhero and everywhere, regardless of the nroper dump- ing place, and the odor that arises from the dump is something altogether indoso The atmosphere of the entire vicinity pormeated aud poisoned by that sickoning smell, and Spocht is seriously debating in his own mind whether or not his constitution 15 sufficiently rugged to warrant him in attend- ing many mere of the dog drowning matiuees. Ho states that there are not nearly as many dogs in Omaha as he was lod to believe. Said he: “Somehowlor other, Pulaski don’t arown as many dogs whon T am there watching him as ‘e did before. Ho only soused twenty-three today, and the number for the whole month will uot exceed two hundred or two hundrea and fifty. Concert at the Park. Tho Musical Union Military band will ren- der tho following musical programmo at Hanscom Park this afternoon, commenc- ing at 8 o'clock: ..Auber Moses iamm Potpourri s L Bloalosst Waltz—La Gitana Ser. . ..o .olooa . Wagner he Pearl ot Madrld. ......Bachmann .Beyer o ! Aboar Whistle.—Li 0 Wave—Italinn band playingz on bourd steamor.—Appoar- ance of ~Jubllee singers — Whistle — All ashorn!-—Rourding the train and arriving at Coney Tsland.—Carousal bell.—Passing a y.—Kjeoting an unpleasant ou irance of very bid strect band. - st Brighton hotol, tho great- est 11ying eornotist 13 heurd.—A Noavy thun- dor storm comes on, with thunder and light- ning.—The clouds are breaking, sunshino follows.—Arrival ut Beighton Boach, whore Soldl's famo stra 15 hoard.—HBoara- ing the Ma wliroad. train arrives at Mannattan Beach Just in time to hear Gil- v Band porform the Anvil Chorus. n- troducing 500 anvils-—Signal for Paine's fire works s heard, followed by oannon shots and imitution of skyrocsots —Aftor u grand rush for the homenound —train,—Home, Sweot Home, concludes tho plece. PART UL Qvorture--Orphous ... ... Patrol of the Gaomed (by request) Solectlon —Futinites, Maroh—Dismon ring Offenbach Eilopberg Suppo Brooke Say Do you want to remove those pimples from your face! Use Haller's Sarsapariila and Bur dock. 1t is warranted to effoct & complelo cure. "BED SPREADS. One case White Crochet Bed Spreads , extra quality, new patterns, At $1.25 Regular value $1.BO. Sun Umbrellas, $1.75. Just received 150 26-inch Gloria Silk Sun Umbrellus, elogant line of fancy natural wood handles, lar retall price $2.374, for thissale $1.75 cach. MOSLIN UNDERWEAR. Gowns 50c. Gowns 50¢ Fine Muslin Gowns, tucked yoke, ox- tra woll made, regular 75 gown, our price H0c. Ladies’ fine Muslin Gowns, plain yoke, turned collar and cuffs, neatly edged with embroidery, regular price 90c, special price 75 Ladies’ Gowns, with V shaped neck, and handsomo tucked yoko trimmod with fine embroidery, at 95c¢, regular price $1,25, Lace Trimmed Gowns, made of the finest muslin, tucked yoke, lace inser- tion, a very desirable garment, at 980, would be good value at $1.35. Dressing Sacques. We are showing a very complote as- sortment of fine Dressing Sacquas in all the new styles and shapes, from 75¢ to $3.50 each. SPECIAL. Plain Lawn Dressing Sacques, with box plaits at 75¢, worth $1. KELLEY,STIGER & Co MR. BYRON REED'S BEQUESTS Ho Remembered tke City in a Manner Most Muaificent, HIS FINE LIBRARY GIVEN TO THE PUBLIC. Also a Lot on Which to Erect a Build- ing—How the Late Millionaire Disposed of His Property. The will of the late Byron Roed was filed in tho offica of the probate court yesterday afternoon. Tho document covers four pages of legal cap paper, was executed June 4 and witnessed by James H. Peabody, Aun K, Campoell and William O. Beckett. The dis- position Mr. Reed made of his property s as follows : The homestead at tho corner of Twenty- fifth and Dodge strects is bequeatod to Mary Melissa Roed, wito of tho deceased, who is to have and hold tho same during ber natural lifetime. In. sadition .to this She s ta have tho houschold furnituro, plate, pic- tures, ornuments and the horses and car- riages. Tho exccutor shall pay her such sums of mouey as will provido for her comfortavla support and allow her to maintain the station in life which she has herctofore oceupled, together with such reasonable amounts assho may wish to uso for charity, for her propor- tionate share of the expenses of the church soclety to which she bulongs. He may also allow her sums of mot.ey to help such of her relatives as are in need of pecuniary assist- ance. A sister, Susan Carter, residing in Trum- bull county, Ohio, is to be paid the sum of 8600 per vear while she lives. Another sistor of tho deceased, Abby Hills, Is to receive the sum of &00 per year during her lifetime. The lot at the southeast corner of Haraoy and Ninetoonth streets, 98 8-10x83 5-10 foet, is boqueathed to the city on certain conditions, 1f tho city accepts the gift, within one yoar from the time that the will is admitted to probato it shall begin tho erection of a four-story fire proof building, cover- 1ng tho entire ground. This building shall be built suitable for a public hbrary and art gallery and shall always be usod as such, 1t the building is comploted within two years from tha date of the probating of the will, then tho deod shall pass to tho city. Upon tho completion of the bullding, within the time specifiod above, Mr. Reod's private li- brary, consisting of books, manuscrints, mag- uzings, papers, autograpbs, coins, paper monoy and othor valuable rolics shall bo removed to the building and thers forover romain, to bo used free of charge by the public, under such rules aud rogulations as the library board may pre- soribe. It 18 stated, however, that none of the articles so bequeathed shall 'bo romoved from the building or library rooms. Sbould the city fail to Accept the giftof the lot, the property passes to the executor and bocomos @ portion of the genoral property of the estate, All other property both real and personal 18 to bo divided oqually botweon the son, A. L. Reed, and u daughter, Mrs, Maria Johu- son. After tho death of the wife the bome- stead is to pass to the son and daugher. Abrabam L. leed is named as exeoutor without bonds. Constipation poisons the blood: DeWitt's Little Early Risers cure Constipation. 'The cause removed the diseaso is wone, Pacific Coast Teachers. Two cosches filied with school teachors from California will arrive over the Bur- lington at 4 o'clock s afternoon, Tuose constitute the advance guard i educational convention to be held at Toronto next month, There aro about seventy- five pedagoguos 1n the party and several of thom will sojourn in Omaha for & fow days, - - A very small pill but a very good one. D¢ Wit's Little Early Risers,