Omaha Daily Bee Newspaper, February 7, 1892, Page 3

THE OMAHA DAILY BEE: " SUNDAY, FEBRUARY DR. L. GILLETT, President. *C. L. COOKE, Vice-President. ¢ = THE DR. A. V. ROBINSON, Medical Director. 7, 1892-SIXTEEN PAGES. E W W. C. BROOKS, In ONLY KEELEY the State of Nebraska, South of the Platte River OPENED AT BEATRICE, Thursday, Feb. 4th, 1892 CLANCY, Treasurer. Secretary and M NSTITUTE & OR TERRMS and INFORMA'TTION Address W. C. BROOKS, Seccretary, BEATRICEK, N CBRASK STILL RETAINS POSSESSION Govornor Thayer Will Now Await His At- torneys' Decision. NO PROBABILITY OF AN EARLY CHANGE Rumor Declares That Licutenant Mujors 18 Authorized to Recognize Governor Boyd's Title if Cireum- stances Warrant tho Act, LixcoLy, Neb,, Feb. 6.—|Special to Tur Bee.]—The air has been thick with rumors today concerning the gubernatorial situation but it may be said emphatically that abso- lutely nothing has transpired to change the situation from its status of last evening. One report had it today that Governor Thayer had this forencon sent a communication to Governor Boyd informing him that he could take possession at once. This report was ot onco found to be untrue. Governor Thayor will bo guided solely by the advice of his attorneys in the matter, and until they come to some definlte conclusion no action will be taken. This much may be said: A decision in the case will in no ways be delayed by the nbsence of Governor Thayer from tho state. If the attorneys who are advising Governor Phayer ard in whom the governor has placod tho disposal of the caso arrive at auy conelusion next weelk, and that conclusion 1s favorable to Govornor Boyd, he will be ten- dorea possession of his oftios at once and without further delay. Licutenant Govornor Majors km Churge. During the absence of Governor Thayer 'n Texns Lioutenant Governor Majors will assume the exacutive functions of the omce. Ho was vervally notifled of the prop osed tain that there will be no further develop- ments of interest to the public. An Ofiicial Opinion. State Superintendent Gioudy today ren- dered an opinion on a matter of no littlo im- ‘portance to school bouras und school teachers all over the state. The question has fre- guently arisen within the past fow weeks as 0 whetber a teacher 1s entitled to pay for time lost on account of the school being closed by order of the board on account of sickness in the school, etc. It has always been held in this state by former superintendents that under such circumstances a teacher could not collect pay for the time so lost. The injustice of this ruling has always bean apparent, but the de- partment has had no oficial de- decision on tho mooted point from the Neoraska supreme courlt or from the court of any other state, Recently, however, the supreme court of Micbigan handed down an opinion which covers the case and it is upon this opinion that Superin- | teudent Goudy based his decision today. It Was An error was discovered today in one of the county reports on mortgaged indebted- ness which might have led to the most mis- citievous resuits when the state report was tabulated and the total figures incorporated in the annual veport. The county clerk of ono county in the state reported tnat the farm niortgages fiied for record in bis county e the month of January aggrogatel §7 This amouat scemed so large in com- parison with former reports from the same county that Chief Clerk Downs of the statis- tical bureau at once made an investigation which resulted in a very material moditica- tion of the figures reported. The proper amount was found to be $7,705.85. Had the first amount reported been incorporated in the annual report the calamity orators would have howled themselves hoarse in their frantic efforts to show that the mortgage indebtedness of the stato was piling up at an unprecedented rate, Nelson Westover Appeals, An interesting case found_its way into the district court today. Nolson Westover had some time ago been appointed adminis- trator of the arman estato and afterwards another administrator was appointed. When o Large, absonce yesterday afternoon and signified his intention to be at the governor's office Monday afternoon or Tuesday moraing, The sensational statements that he will turn the uMce over to Governor Bovd as soon as Governor Thayer is beyond the limits of the state are, it is hardly ncodless to say, oytirely without foundation. A definito un- dlyrstanding has been arrived at and gho sl tuation is exactly the same as it would ve it Governor Thayer was to remain at home. It is stated upon the best of authority that Lieutenant Governor Majors has in bis pos- session a written document fully authovizing him to give way to Governor Boyd whenever the attorueys who have the matter under advisement authorize him to doso, It 1 further believed that Governor Boyd fully understands the status of the case und will patiently await developments, Nothing but good words have beem ex- ressed for the dignified position that has Paoh aasumon by, (lavernor Boyd during the ast weew, His refusal to add au element ot itterness to tho discussion and his spparent willingness to let matters take their course unimpeded by any hasty snd illadvised move on his part has wou for bim the admiration aud commendation of mon of all pariies, Attorney Lambertson's Views. Attorney (i, M. Lambertson was seen this evening in regard to the conference Leld by Governor Thayer's attornays at Omaba ) es- torday afternoon and was asked for lus view atus of the case, He said that Gov- ernor Thayer's attorneys will come to no conclusion in regard to the matter until & certified capy of the recont decision can be secured. The clerk of the United Stutes su- }m;me court writes f{n reply to their request for & copy of the decision that the declsion has been printed and is now in the hands of Cbiel Justice Fuller for correction before beiug seut out. Any correction madoe by the chief justice will be in the nature of changes in the grammatical construction of sentences, punctuation, ete., and will, of courss, not ef- ect tne decislon ftself. As soon copy of the decf®on can be secured it will be pos sible to come to some conclusion. Mr, Lam bertsou declined to Just how soon & copy of the deoision can be secured, but the wfer- ence is that it will come withiu a very few days, Untll it is recelved it is morally cer- he settied with Widow Carman he offered her some $3,000 worth of notes in_settlement of & tival claim of $2,976, which latter amount he haa been ordered to pay into court. Mrs, Carman accepted, but afterwards wished to withdraw from the agreement. To this Westover agreed, but the attorney who held the notes for collection, and who had suc- ceeded in collecting some of them, refused to Rive up the notes until he hud been paid his fees, Both parties refused to puy the fees, and the probate court ordeéred Westover o pay them, This he dectines to do, and has appealed the case to the distriot court. 0dds und Ends, Harry Chaffeo who was charged with forgery was today bound over to the district court, In aefault of bail be went to jail, Mary E. Whitman, aged 34, aropped dead at ber home near this city last evenicg. Her doath is attributed to heaxt failure, Miss Eva Howard, an estimable young girl 17 years old, died atthe home of her parents at a lute hour last night irom the effects of a sovere attack of the grip. One-twelfth of the votes in the Waite- Baker contest have becn canvassed and they show @ net gain of seven votes for Mr. Waite. Baker's plurality was 141, e DENVER HAS A BIG FAILURE, Western Farm Mortgage Trust C the Hands of the Sherilr, Dexver, Colo., Feb. 6.--The Western Farm Mortgage Trust company 1s 10 trouble. An 1njunction was issued yesterday, re- straining the present manager from con. ducting apy further business, and askiug that a receiver be appointed. A suit was also instituted by Heury Anstice asking for the payment of & $1,000 debenture boud aud iuterest ou the same for oue year. Noris this ail. Deputy Shueriff Hay last night took possession of the office and fixtures of the company, avmed with two attachments—ove of §75 for Stumt & Steurer, and the other for $1,035 for B. M. Fowler. Rumors for some time past have been detri- mental tothe company, aud on Monday & meeting of the eastern stockholders took apany In such as diphtheria, | place in Rochester, N. Y. A large number of the largest stockholders are eastern men, and own many thousand dollars worth of stock. Most of those attended the meeting, and what was done has not yet been ascertained. Two reports have been re- ceived here. Oneis that the meeting had voted $200 to tide the company over the dull scuson, which amount, it is claimed, is suffi- cient to put the concern on a basis on which by good management its ropatation can be sustained. The company was orcanized about seven- teen years ago in Lawrence, Kan., and has done a business which annually amounted to several million dollars. It has at present over §10,000,000 scattered over the country from Mame to Calitornia, as well &s many large loans in Eogland. In August, 1890, the company was reorganized and in- corporated under the laws of Colorado, with headquarters at Denver. The “Hold yo'iz wheat circular” was the cause of t' failure, as the farmers were holdin, their wheat and had no money to mcet their cebts, The ofticers claim that if given time the company will get on its feet again, No more attachments have been levied on the West Farm Mortgageand Trust company of this city. Tho only new move in_the matter was 1n the appointnent_this after- roon by the district court of George W. E. Griffith of Dotver as receiver of the com- pany. The officers of the company say that embarrassment of the company is only tem- porary. Restrined from Disposing of Assets, LAWRENC Kap., Feb. 6.—Judge E. E. Shaw of Leavenworth, Ifan,, attorney for Abram S. Brower and Cbarles Biddle of Peunsylvauia ana other stocknolders filed suit in the district court today against tho Western Farm Mortgage and Trust company of Lawrence and Denver, Missour: Valley Land Company and American Real Estate and Trust company of Denver, asking that they be restrained from disposing of their assets, The petition alleges that ofticers of various companies are manipulating the business to the aisadvantage of the stockholders, Tem porary restruining order was 1ssued by the court. This suit is brought in view of at- tachments sued out against the Western Farm Mortgage company at Denver yester- day. R Dr. Cullimore, oculist, Bee building bt ey ARRESTED AN ALLEGED MINIST. Rev, A, Samucls of Chicago in Jail for Work- ing the Raiiroads, Ciicaao, 11, Feb. 6.—In a letter to Chair- man Kinley the Rock Island call sttention to 4 person now languishing in the county jall here who represented himself to that road as Rev, A. Samuels, a duly ordained minis- ter of the Calvary Congregational church of this city. On this representation a clergy. man’s half fare per mile ticket was furnished bim and it was afterward found that he had sold 1t to a broker, The man was arrested while selling clergymen’s permits, of which he had several. ke Rock Island notities Chairman Finley that the ticket issued by that company has been bulletined. Ran Ashore, Nourorx, Va., Feb, 6.—Early this morn- ing the British steamship Polynesian of the Allan line, bound for Baltimore from Liv- erpool, rau ashore near the lighthouse at Cape Henry. Sue had on board au assorted cargo and had been out from Halifax since the 2ud inst, Sheis Iying easy, 1,500 rds from the beach, with the crew all safe.” The steamer RRescue, with barges, cables aud suchors, has goue to her assistance. o e ey More New York Crankism, New Youk, Feb, 6.-A crank who gave his name as Peter Leonard was arrested early this worning in frout of Inspector Byroes' house. He has been hauging around there for some days and says that Inspector Byrnes has $500 of his monuy, which the iuspector, he claiwms, invested id the Louisiana lottery, and he wants his money. The crank was taken to Bellevue hospital for examination. —— Shot Through the Brain, Custen, 8. D., Feb, 6.— |Special Telegram to Tue Bee. | --William Carl Jacques, sged 8 vears, accideatally shot bimself with a re- volver. TIhe bullet cntered the inner corner of the left eye, rauging upward through the brain, causiug instant death, CHECKS GO WITH THE BIDS Oounty Commissioners Establish a Prece- dent After Much Consideration. WHERE DOES THE COUNTY CLERK FIGURE © Combs and Whisky, Used in Forward- ing Public Health, Will Be Pald for by the County When Prop- erly Ordered, The Board of County Commissioners held the regular weekly meeting yesterday after- noou. Most of the time was consumed by Major Paddock. His first move ‘vas to roast County Clerk Sackett and it happened this way: At a prior meeting Mr. Sackett had been instructed to iavite bids for furnishing groceries, meat and soap for the county hospital; ice for the court house and jail, and lumber for bridges. Following out these in- structions, the clerk had so advertised and the usual number of bidders had responded. ‘The bids without being read were opened and referred to the respective committoes. Mr. Sackeit asked what was to become of the certified chocks that accompanied the bids. He stated that in some instances when bids had been handed him, upon being in- formed that they contamned checks, he had given receipts, h Duty of the County Clerk, Major Paddock arose and demanded to know by what rignt the clerk assumed tho authority of receipting for bids or checks, ‘I'be bids were the property of the board, and the clerk had but one duty to perforw, that of receiving the papers and turning them over to the board. Mr, Sackett understood that the checks ware made payable to his order, and for that reason he felt that he was personally re- sponsible for their safo keeping “‘What right have you to_assume such a proposition?” demanaed Major Paddock. “The obids, you know, are to be turned over to_the chairman.” Mr. Berlin stated that ‘such an idea was the greatest assumption ‘upon the part of Major Paddock, The 1 was clear and pro- vided that all bids bhn%d be received by the county clerk. He defietf the major to “show any law by which the chairman or any other member of the board had any right to touch the bids until after they were opened by the clerk and referred to th proper committee, The chair did not kndw where the checks should go. He thought ‘they might remain with the bids ana pass into the hands of the ‘committees, and agal he thought they might be left with the elerk to be locked in the vault, Mr. Berlin insisted that he did not want to be keld responsible for any of the checks, He was not the chairmh of any committee, and in fact was only & small minority, Major Paddock was of thie opinion that the chairman of a commitieewas the responsible party, and that such chairman was capable of looking after any checks that might get into his han Chairman Timme then rendered the opin- ion that the checiks would be safer in the bands of the clerk, but upon a vote being taken be changed, and they went with the bids iuto the hands of the committees. As s00n s that matter was settled Major Paddock offered another opinion, which was to tue effect that according to his way of thiokiug when bids were referred they should be scrutinized by only the members of the connnitteo having them in Land, Such bids were the property of such committees and should not be bandled by &ny member not ou the committee. The democratic ma- jority, which constitutes all of the mportant committees, viewed the matter in thatlight and the suggestion was adopted. ‘The bond of the Germau Saviogs bank in the sua of 250,000 for the safe keeping of the county fuuds was approved. Must Never Do it Agalu. Major Paddock induiged in another little talk, He stated that be had examined the drug bills of Alfred Schroeter, £92.90 for the mouth of November and $30.55 for the month of December, 1891, and had found them cor- rect. The articles charged had been fur- nished, though some of them had not been furnished on the orders of persons who were very high up in authority. He had found that the county had been charged with wines and liquors, toilet srticles and other things that were more ornamental than useful, but in most cases the purchases were of articles that were for the public health. He hoped that in the future the druggist would not accept orders from persons in supposed au- thority, but would deal exclusively with the county’ physician or the ccunty commis- sioners when trading with Douglas count; With that understanding the bills weve al lowed. The bond and contract of H. B. Mayor for constructing a ile bridgo over the north arm of Cut OFf lake was presented and ap- proved. For this bridge the county pays at tho rate of $4.56 per lneal foot. ‘The bridge will be about 500 feet in length. W. A. Sherar asked to be appointed con- stable of West Omaha precinct; referred. ‘The board received information from tbhe officers of the nsane asylum at Lincoln that Douglas county had six incurables in that institution, and that they should be removed at tho earliest possible date. During the pendency of & discussion of whether the clerks in the office of probate judgoe should ve paid out of the general fund of the county, or whether they should be paid out of the fees of the office, the board adjourned to meet again Wednesday after- noon, —— RAISED A VOUCHER. vidence In the Trial of Major Overman by Court-Martinl, CLEVELAND, O., Feb, 6, —At the Overman court-martial today Colonel Gardner, for the accused, admitted that Major Overman re- ceived $23,450 from a firm at Saginaw, Mich,, as an engineer officer, and failed to account to the government forit; it was also ad- mitted by Gardner the major received sums of wmoney said to have been received by him 1 specifications of the first charge, and that he failed to account therefor, but the fact that such re- tention of funds was unlawful or that money was intended for military service is denied. Several witnesses were then examined, Evidence was introduced by the prosecu- tion to show that the defendant bought for his own use a lot of pearl-handled knives and charged thein to the government as bag screws., Kvidence was also introduced to show that William Harris, who was ac- counted for on the pay roll as watchman, boatnan and guage reader, was really em- ployed as Major Overman’s coachman, Mr. Lamson, a member of the dry goods firm ot Lamson Brothers of Toledo, produced a bili for cambric, amounting to §.60. The vouchor for this, it 1s claimed, was raised to $22.60 and credited to machinists’ services for help and for material. Mr. Lamson said Le did not furnish machinists or material to Major Overman, Court adjourned until Mouday. FIGHTING AG or to Capture David's p Convention, New Youk, Feb. 6.—The following has been issued by a committee of members of the democratic party who are opposed to the calling of & party convention in Februar, The state committeo hus called a conyen tion for the :2d of Februsry for the munifest rurpununl forestalling puLlie opinion and of nflueneing the politital iction of other stites by an apparent unaniuous delegation of New York in fuvor of the preferred candidate of a ority of the committ \is setion of the state wittee we ha opposed and shall continue to opuuse Lo end that all denocratic electors of the st shall have full opportunity to be represent and heard, ‘The notice concludes as follows : 1o our judgment you should fight at the primuriesto vlect d who regard the “snap” convention as detrimental 1o the true interests of the party, und who, In taklng thelr seats, witl move that the convention dis- solve without taking action wnd, nbove all, we counsel constant and earnest devotion (o the eat Issues woich carrled tho party 1o vie- tory in 1800, and absolute loyulty to 1k didate who'shall be declured by the i conveution of the party to bo the bost and trucst representative of these prineiples. — - Dr.Cullimore,ey e andear, Bee bullding Antls Will E RAISED ITS SWITCHING RATES Excessive Oharges Made by the Union Pacific for Handling Cars, COMPETING ROADS ARE THE SUFFERERS Goods Transferred to Rival Lines by Teamsy An Endeavor to Control ¢ Ight Business — Opinions of Prominent Wholesale Dealers, nha's The Union Pacific railway has entered on another spell of grief. It raised its switch- ing charges last week, and now 1t hes a pretty little fight on its haods. Arrayed against the big government corporation are all’ the other railroads entoring Omana, as well as many of the mauufacturing and job- bing firms. Union Pacific officials say the advance was made because the old rates were wot re- munerative. Other parties to the contro. versy think it a scheme of the Union Pacific to freezo other railroads out of Omaha busi- ness, Ono of the first results is a loss of revenue to the Union Pacific because other lines are handling the goods of tneir cus- tomers by team instead of paying tiue in- creased tribute demanded by their com- petitor. Most of the warehouses of the big shipvers having trackage are located on the Union Pacitic, That company exacts a toll for every car load of freight transferred to or from other lines. Most of this toll falls upon rival roads of the Union Pacific, because most of the husiness is to or from competing points, Ior example, there are four other ines to Lincoln, and any one of them will as- sume tho switching charge 1f it is possible tilereby to get a consignment away trom the Upion 1’acifie. So, too, in shipments other rouds, in their eagerness for business, will pay the toll for handling cars from their own track to warehouses located on the Uaion Pacific track. Most of the towns having merchants who buy 1u carload lots of Omaha houses are comn petitive points, and the jobbers are not particularly affécted; but in the cngs of ship- ments to noncompetitive points like Chadron on the Elkhorn or Minden on the B, & M. the Omaha wholesaler bas to pay the switch- ing charge. Controls the Situation, The Union Pacific_controls the situation in the jobbing district of Omaha, and has divided it into five switchiug distriots. Under the new tariff between points in the samo district is §3; between points in one district and _polnts in another the charge varies from #i to #. According to the tes! mony of the jobbers these figures aro an advance ot from 8315 to 100 per veut over the old churges. The tariff has been increased in instances from &5 to #4, from $2 to § and from §2 to #4. Mr. Benjamin Gallagher of Paxton & Gallagher, said in discussing the matter: *I'ne action of the Union FPacific is out- rageous. For switching a car from our ware. house to the B, & M., a distance of less than three blocks, the old charge was § and now it has been raised to #4. Itather tnan submit tothe robbery we are huving our goods wansforred by team and that only costs § a car load. We have sent consignments to competitive points on the Union Pacific which paid that road $500 to $400 par car for trans portation, enough to pay “the increased revenue from switching charges for a month. It may be & wholesome lesson to divert a fow such sbipments Lo competitors, The jobbers of Omaba are not dependent on the Union Pacific on transcoutiiental business, and they ought 1o unite in resenting the action of that robber concern by giving their far west- ern busivess to another line. It looks as though the Unlon Pacific ofticials were try- lug to bleed OUmaba to pay dividends on watered stock, but there is s0me cousolation in knowing that they are not successful, and that big sums are golug o Owaha draymen iustead.” Mr. Euclid Martin of Parliu, Orendor!f & Martin said: “Our switching charge hag been increased from $2 to &, although the B, & M. track is only two or three blocks from our warehouse. We have been too busy to givo the new schedule much thought, but it is a matter of considerable importance. We are loading ninco cars today. Customers frequently buy a half car load of goods of us and direct us to have the car stwitched to another firm's warehouso for the balance of its load. That means a switching charge; and the annual aggregate of theso items 1s & big sum. The increased charge scems to us to be unreasonable and unwarranted.’ Trying to Gobble All the Business. Said Mr. Dudley Smith ot D, M. Steelo & Co. “It looks to me lik3 ascheme of the Union Pacific to gobble the business to coma potitive points. If the other railroads should refuse to pay tho switching charge the job- bers would naturally ship by the Union Pa- ic. As a matter of lact the competing roads bhave refused to submit to tho ine creased toll and are hauling goods by team rather than pay the switching chargos. The old rate from the IKlkhorn tracks to our warehouse was 2. Now it is &. We re- ceived fiftecn cars of flour from Minneapohs the other day by way of the Cnicago, St Paul, Minneapolis' & Omaha, and that road delivered tho goods to us by team. Ordinars ily it takes @ dayand a night for consign. ments from Minneapolis to reach Omaba, and then three or four days to switeh the oars from the Webster streot yurd to our waro- houso. The fifteon cars of flour were deliv- erad Lo us by team inside of u day without ©05U to us, 80 that we canuot complain about that. Thero gocs a load now.” pointing out of the window to a aray, “‘that the B, & M. is taking to 1ts cars by team rather than pay the switching charge, becauseit can do it more cheaply that way." Mr. John S, Brady of McCord, Brady & Co, snid: ““The action of the Union Pacifio will not affect our firm mate It looks hko a fight between the On freight having a low tariff like coal and lumber a heavy switching charge might pre vent tho Milwaukee and Itock I being as active competitors s they have been. The B, & M. asked us if it might transfer our cousignments by team to Its Of course we mado no onjcction, a8 the railrond bears the expense, and the Union Pacific is losing the switching reves nue, The Union Pacific has controiled the situation, but its competitors may bring it to time yet.” Dr, Cullimor - , oculist, Bee building, el Objects to the € New Onreaxs, La, Feb, 6.—The followin letter from Hon. A. Leonard, repubiica vominee for governor, to Chairman Cage of the republican state central comumitiee, exs plains itself: Bi: The campalgn comm'ttoo have appointed 18 not. In wy opiion, in birs mony with the sentimenis of the luie stute couvention of the republicun party. 1 Lelieve thit convention meant what 1t salt, At all events, 8o fur us iy voico in 1t went, | meant what I'suld 1 nust, therefors, decline to o that committee, Back of all | the republican party. Let us hopo the will be ucce, itte which you oporte with wders stindg To the purty | uppoals purty will take such act.on as ble to all republicans. =i LU Profits fr N the Big Packers, Bostox, Mass., Feb. 6,-—-A circular has been issued by the Chicago Junction Railway aud the Uuion Stock Yards company calling & meeting of the stockholders March 1 10 change the by-laws and approve the contract with Armour, Morris, Swift aud others, The circular says the live stock purchased by these packors at the yards for ho com- pany are a source of 0yer cent of the income of the yards and the val of these packers would result in a correspouding ioss 10 the company’s iucome. - Remuarkub] Decision by w ' as Co . GaLveston, Tex., Feb, 6.~The stao sus preme court has rendered & remarkable de- cision 1 the case of Turner vs the Missouri, IKansas & Texas road, Cross aud Iiddy, re- celvers. John Turner's mother sued for dam ages and secured judgment for the doath of ber son, who was killed on the railroad, The case caino up on appeal and the judges de- cided that iuasmuch as the law omits men- tion of receivers as liable, they canuot be beld responsible for damages. eI oculist, Bee buil Dr. Cullimore,