Omaha Daily Bee Newspaper, July 30, 1893, Page 5

THE OMAHA DAILY e e—————————————————————— S JUDGE DUNDY AS DECIDED Temporary Injnfinlim Granted Against the Maximum Rate Bill CASE WILL COME UP LATER IN COURT Geonernl Frelght Agents Have Writs for Bupper—Rejolcing Among Railr Irst Blood for the Bariington-No Dute 8ot tor Hearing. tors— When the railroad presidents got together fn Chicago the other day and formaly de- sided to put the now rates provided by house roll #3 into effect on August 1 and give the people of the stato a taste of what the re sults of such legislation would be, they w simply ringing in & stapendous bluff. Hon. 4. M. Woolworth tripped quiotly the federal building yester day, where Juage Dundy was sitting in chambors, and, as solicitor for the stock- holdors of the Chicago & Northwostern, Chicago, Burlineton & Quiney, Union Pacific, and Missouri Pacific Railroad companics asked for the issuanceof four restraining orders to prevent thooficials of the roads named putting the new rates into offect on the ist of Augustor posting thenew schedulo In the various depots or about the grounds of the companics. Tho application also asked 10 restrain the members of Board of Transportation and its sccretaries from tertaining or hearing any complaints against the roads namod for failing to obey the law and from king to enforce the law either by injunc- or mandamus, or any other legal pro- , civil or criminal. Although tho plaintiffs are stockhoiders of the various companies and are secking to ro- strain their officers, it must not_be supposed that their action will be corabattod by theso officers who are made defendants in tho suits, as it is the plan outlined by tho shrewdest logal counsel of the roads to get the mattor of the constitutionality of tho new law bofore the courts, and there is no division of sentiment botween tna stock- holders and directors as to the desired out- como or the action to bo taken. The roads did not desire to lay themselyes lablo to the heavy aud repeated penaities for the violution of the law, henco ghe action of tho presidentsin Chicago was taken to give the stockholders cause for action. The ap- pheation for injunction was promptly forth coming. It brings the matter into court im mediately and points to o more speedy doter- mination of the question than could be reached in any other way. Complninant In the Case. The complainant in the case against the into . Northwestern is George Smith of London N Eng., who alleges that,with others whom he names and who figure with him in his com- plaint, he represents $700.000 of the capital stock of the company. He sets forth that the not earnings of the company have never coeded 5 per cent, and that for the past five yoars they have done no more than meet axpenses and pay intere: He is satisfied that it cannot hone to do better for yoars to como, even if rates are maintained where they are now. Tno maximum rate bill, ho alleges, roduces rates 20 per cent, and he sets forth that if the law is allowed to go into effect it will provent the road from mak- ing enough to pay operating expenses, and will insure the deterioration of the property through inability to keep up the repairs, re- sulting eventually in the confiscation of the property, contrary to the constitution of tho United States, which provides that no one shall be deprived of his property without due process of law. The plaiutiff further ailoges that not only 1s the law unconstitutional because of its terms, but that defects in the manner of its enactment render it void, as the bill was not rend at large in the house on three different days. It was very. materially altered from the original, and after being passed by that body it was engrossed 1 such & mannor that the engrossed bill was radically different from the one that passed the house. It wentto tho senate, where it was agai changed and put upon its passage without having been read at large three times as provided by the constitution, and was put upon its passage, although the president of the senate protested that it had not been read at large three times. After passing that body in altogether different form from what it had passéd the house,it was enrolled, and in the enrolling room another series of changes was brought about. It went to the governor and was signed, but the bill signed wasnot the ono that had passed either house. It 1s further alleged that the roads will have no opportunity to show the reasonable- ness of the present rates or tho unreason- ublencss of those proposed, us the State Board of Transportation has the power con- ferred upon it by this law to still further lower the rates, and it is for the supbreme court of the state to pass upon tho reason- ableness of the rates, which brings about a ocondition of affairs that is extremely unsat- isfactory to the complainant, and ho de- olaims at length on this unwarranted mixing up of the functions of the judiciary and exec- utive branches of the state government. Interstate Commerco Law. The interstate commorce law gives tho plaintiff another cause for allegation. He says that the new kw will reduce rates on goods shipped into the state from points sutside, and will alsy reduco rates on goods shipped out of the state from within its borders, and that such a law is infringing on the interstato law, which is altogether wrong and uncoustitutional. He finas a section in tho national constitution which probibits states frow enacting laws affect- ngz traMe between states, and a8 ho alleges that this will be one of the results of the en- forcoment of house roll 33, he bases upon it another charge that the bill is unconstitu- tlonal. 1iv states that immediately aftor tho pas- sagze of the bill by the legislature the presi- dent of the company was notitied by the di- rectors not to put the new rates into effect, as the bill was unconstitutional, and the president was requested o call o meetiug of the directors, but the president hias not boen able to get the directors togethor, and as the time that will now elapso beforo the 1st of August is too short in which to bring about such a meeting for the purpose of di- recting the action of the president in the matter, it 18 necessary to have o restraining order to compol him to refrain from careying aut his present intention of putling the raves into effect and thereby working an reparable injury to the in stockholders, It is also declas ary to have an o; issue, ro- straining the stato oficers who are members of the State Board of Trausportation from soeking to enforce the provisions of the pill, a8 tHo attorney general of the state sleged to have openly declared that b would seo that the law waus enforced, and would vigorously prosecute any and all roads doing @ business as common carriers, snd which camo under the provisions of this act, {u which case all the substance of the com- pany would bo swept away by the excessive penalties. ire of the Twina of Trafe. And then the Rock Island and Pacific short Line, which are the infant roads buily since 1889, that came under the exemption 2lause of the bill, aro taken in.hand by the sllegator, who submits a map to show that they, and more particularly the Rock Island, sun through a section of the state traversed by other roads, touching at common points sud in coudition to do just as much business s any of the roads thit are in compotition ith it although not entitled to any of the euofits which will be acerued to it by rea- 1on of this law. It is charged that the law s theroforo agaln dofective, s it grossly andwithout any Just or sufticient reason discrimnates, and ‘is special logislation of she rankest kind. 5 The law is characterized as manifestly un- reasonablo in tho rates it prescrives, and a engthy table is submitted showing the rates Mlowed in other states alleged to be simi- arly situated and thus forming a basis for the computation of proper rates in this state. In addition to the restraining orders asked for, the plaiutiff wants o be allowed tne costs of the action, and_prays with truly re. ligious fervor for “'such further relief as may seem proper in equity and good consciency All of the four actions are identical and the wording of the bill is the samo with the pxception of the. openiug paragraph, each overing from seventeen 0 twenty-seven iype-written pages. "red L. Ames is the stockholder whose | mont, Kikhorn & Missouri nAMo graces the top line in the eass of the Missouri Pacific, whils Oliver Amos figares for the Union Pacifie and Henry L. Higein son for the Burlin endy for Approval In each case was submittod a ty W for for tho Judge to sign and which r as follows Upon reading und filing the plaint in the above entitled suit. ana it ap pearing that tho exigency requires the making of this ordor, it is ordored as fol- lows 1 That the rihwestern ton Vs bill of com. defendants, the Chi Railvay company, the Valley Railway company and the Chicago, St. Paul, Min- neapolis & Omaha Railway company, their directors, officers, agents and counsellors bo ujoinow and _restrained from makwg, pub- lishing or posting a scheduls of rates to be charged by them for the transportation of froight on or over any of their roads i this state from one point to anovher therein cording 1o the terms, provisions and com- mands of theact in said bill ealied house roll 3, and from reducing their charges for such sorvice from the rates now charged by them to those preserived in said act and from obeying, observing or conforming to the commands, provisions and prohibitions of such act or any thereof *“That the defendants George H. Hastings, attorney goueral; John C. Allen, soerotary ot state; Kugeno Mooro, auditor of publ accounts: Joseph S. Bartle . . urer. and A° R._Humphroy, ssioner of public lands and buildings, constituting the Board of Trausportation of the state of Ne- braska, and Wilham A. Dilworth, J. M. Kountz and J. W. Johnson, sccretaries of id board, their deputies, clerks and sor- nts, be eujoined and resirained from en- tertaining, hearing or determining any com- pinint against tho said companies or eithor of them foror on account of anyact or thing by them or their officors, agents, sor- vants or employes, done, suffered or omitted, which may be commanded or forbidden by id act,and from instituting or prosecuting or using to be instituted or prosecuted any action or proceeding,etvil or eriminal.against said companies or either of them o their officers, agents, sorvants or employes, an account of any act or thing by thein douo or omitted which may be forbiddun or com- manded by said act, and partieularly for not reducing their present rates of charges for transportation of freight to those prescribed in this act, and that the said attorney gen- eral bo in like mannor enjoined from bring- ing or aiding in bringing, or causing or ad- vising to bo brought any proceeding by way of injunction or mandatory or other process or civil action or indictment against said companies or eithor of thom, for or on account of any act or omission on their part commanded or forbidden by said house roll o & Fro . That the county attorneys of . this state and all other persons be and they aro hereby restrained and enjoined from in- stituting or prosecuting or causing to be in- stituted or prosecuted such actions or procoedings on any of them aud the plaintiff ve loave to in- rt the names of any such person threaten- ing to take such proceedings and take out further order directed to him and en- jolning him as aforesaid, This order shall remain in force until the formal motion for injunction or to set aside this order is made, heard and decided.” “The judge wanted time %o peruse the bills, and took them away with him when he went to dinnor. It has been whispered among the lawyers that vhe judge would not decide the constitutionality of the new law, in the case brought by tho Burlington a fow days ago to restrain tho Board of Transportation from lowering Lincoln rates but tnat hoe would grant the injunction peading the determina tion of the question of constitutionality by the state supremo court. 1t is stated Lhat these new suits will fora determination of the question in_ the foderal court, as the plamtiffsassert in their bill that thore is no collusion between them and the oficors and dircetors of their roads to bring tho case in this manner 5o as to give the federal court jurisdiction in whe matter, but the protection of their own_inter: compels the action, and in tho absence collusion or conspiracy they are entitled to a hearing of the matter and o final decision there of the question of the constitutionality of house rule 33, call AFTER AN 1INJU TION, Lincoln Jobbers Go to Court to Preserve the Interstate Rates. Lascovy, Nob,, July 20.—[Speeinl to Lur Bgk.]—The Lincoln fobbers and manu! turers, who have inaugurated a “war® upon the railroads for the purpose of retaining the advantages at present enjoyed by the city as 4 distributing conter, made their first move this afternoon when they went before Judge Hall of tho districtcourt and applied for and sccured a temporary injunction restraining the Clicago, Burhugtou & Quiney and the Missouri Pacific from abolishing the inter- state rates now enjoyed by the city of Lin- coln, Tho caso is entitled **Raymond Bros. & “0, Plummer, Perry & Co., Hargrenves Bros., Cooper & Cole Bros., Honry & Coats- worth Co.. Westera Manufacturing company, Lincoln Paint and Color comps Journal company, Herpolsheimer & Co., A. I. Leming & Co., Hurpham Bros., Grainger Bros., H. P. Lau, R. H. Oakl, J. Jones, Lincoln Paciciug and, Provision company, Buckstaff Bros. Manufacturing company and Herman Bros., on behaif of themselves and others, whoso ' names are too numerous to mention, vs. the Chicago, Briington & Quincy Railroad company and tho Missouri Uacific Railway company.” After sotting up the meorporation of the various plaintiffs and defendants the pe- tition shows the duty of th defenduuts to afford w plantiffs the samo facilities and rates as to others similarly situated; that plaintiffs have been in business for a number of years, receiving from and shipping to points both within and without the state large quantities of goods; that they have paid and yearly pay to defendants and othor lines of “railroud "$1,000,000 s caarges for transportation of freight. “The petition gives in detail the rates now In force between Chicago and this city, those from St. Lowis 0 this city and’ the rates on lumbor from Rock Island, Arkansas and Texus, 1t shows that theso rates, substantially, have been in offect sinco January 1, 1881, and that the rates from those points to Missouri river points have been from 3 to 5 cents less; that prior to November 17, 1857, the difference between the Omalis and'Lincoln rate from Chicago and St. Louis had veen from 8to & cents higher than after that date—in other words, that the differential prior to November, 1887, was about double the differential charged since January 1, 181, Interstute Commerco Commission Involved The petition shows that on the 17th of No- vember, 1887, the Board of I'rade complained before the [nterstate Commerce commission against the rate named above, charging that the rates then in force were unjust, un- reasonable and discriminative agaiust Lin- coln, and that they were in v.olation of the in- terstate commerco law. "Tie Board of Lrada introduced evidence before the confmission, and the samo was -arguod and by it considered, but before the inal hearing the railronds conceded the justioss of the com- plaint and voluntarily reduced the rates by cutting the differential in haif. Thoe Intor- state Commerce commission, in view of that duction, declined to farther rveduco the rate, deciding that tho difforential was just and reasonable. Since that time both plain- tiffs and dofendants have treated the action of the railroad companies as a sottloment in good faith of the thon existing differences, and largo additions have been made to the business interosts of Lincolu on the faith that the rates then established would be maintained, the other roads entering Lau- coln huying adopted the same schodule, As the rate was voluntarily established by the roads, aud was svproved by the lutee- state Comwerce commission a8 reasonable and profitable, the railways are now estopped from 'raising the rate, as the pro- posed rate, being in excess theredf, is unjust, unreasouable, exorbitant and discriminative. Plaintiffs show that thoy lave been noti- fled of a propossd jucreass of from 8 Lo 10 conts; that the city has old rate from 40,000 to 65,000 people; that Lincolu trafiic on those lines has more than doubled, thus Justifying a lower iustead of & higher rate. At the Lime the present ratos were estab- lished distributive rates were equalized so that Lincoln dealers could receive aund re- ship to Nebraska points atubout the ssme rates as Missourl river shippers, but they cannot do 80 if local rates to interior points are added to Missouri river through rates. Plainuiffs will be compelled to close business in ll-llwnu lu and move 1o other more favorable points. Plalnufts show that when they wotified dofondants that they proposed to appoal to the State Board of Transportation to equals 170 the rates, dofendants secured an 1njuno tlon against interference by the board, | ing 1o other course thas to gppeal to the Tocal court Plaintiffs show further that defendants are members of the Western Traffle associa- tion, which is designed to restrict and inter- fer with interstite commerce by maintain ing exharbitant and unjust rates by mean of an agreement or conspiracy, and have abdicated their powers and duties as common carriers and erippled their ability as agents of commerce and trade. Plaintiffs ask that defendants bo re from putting the pronosed rate into ¢ WESTERN ROADS EXPLAIN. Why & Rednced Fare Was Refosed Grand Army of the Repubile Veteran Cnteaco, July 20,—The objections by the wostern roads to the reduction of rates for the Grand Army of the Republic encamp. it have been explained today. They claim that they wero acting solely with the ow of protecting the interests of Chicago and the World's fair under the terms of the presidents' aggreement, adopted prior to the opering of the fair, namely, thatno reduced rates through Chicago may be made whilo the World's fair is in progress. No action of the Western Passenger assoviation can supersede the agreoment. Consequently had reduced rates for the Grand Army boen agreed upon, thoy would have been ailable ouly through Peorin, Bloom- ington and - St. Louis, The pro posed basis would have made the rate from the Missourt river to Indian- apolis through St. Louis, 314 80, and through Peoria or Bloomington, §14.75, while the best rato that could be obuained through Chicago would have been #1815, As things are, the Grand Avmy men will be able to go_to the encampment from the Missouri river through St. Louls and roturn by way of Chicago for 817, “The Rock Island road will open its new extension to Forth Worth, Tex., to passenger business tomorrow. A call was issued today for a meeting of the passenger denartment of the Central Traftic association, to bo held here Wedu day, August 1. ‘The chief business to come before it is the consideration of applications for reduced rates, including rates for harvest excursions and weekly excursions to Texas points during the Worla's fair. STILL RETRENCHING. Two More Trains Abandoned by the Union Pacitic Railway. Not satisfied with the wholesale reduc- tion the operating department of tho Union Pacitic has alroady made, yesterday local trains Nos. 23 and 24, between Columbus and Grand Island, were pulled off, as well as abandoning the dispatcher's office at Grand Island, compelling the Omaha office o work clear through, distance of 201 miles. Thero is also some talk of discontinuing frains Nos. and 20, between Omaha and Columbus. ot int ) Balloon at 3 and 8, Courtland Beach. SENATOR HILL MiKss A SFEECH. 1o Exprosses Himsolf on $he Currency and Labor Quentio Urtea, N. Y., July 20.—Senator Hill deliv- ered an addross today at Sylvan beach bufore the Hop Growers association. His subject was “Personal Liberty,” and, in part, he spoke thus: “In the realm of labor and in the domain of industry the principle involved in per- sonal Liberty caunot be too frequently as- serted. The fact canmot be too strongly emphasized that every man's labor is his own and that he can do with it as ho pleases. He has a perfect right to name his own wages, his own hours, his own duties and all the other terms under which he is willing to be employed, and if they are satisfactory to tho ono who hires, an agreement is reached and there is an end of the controversy between them. The con- tract is a personal matter, with which no other workmen or employes have a right to interfere. It is a bargain bevween two com- petent contracting parties and it is nobody’s business but their own. They are freo from the restrictions of any employer or_employe, and are not subject to the coutrol or tation of any association or orgunization to which they do not belong, and to which v owe no allegiance. ‘The consideration ative rights of individuals engaged in Labor pursuits, about which there ought not to be any dispute among well informed men, do not conflict with the obligations which workmen assume when thoy voluntarily join Iabor organizations, except’in the matter of personal honor, which may be involved and which may require submission to the con- clusions of the majority. “T'he legal rights of such individuals un- «questionably remain the same, irrespective of the question of such membership. They always must be deomed to reserve the ab- stract legal right of repudiating such mem- bership whenever they prefer to 4o so, their witharawal only occasioningssuch minor for- feitures or penaltics as reasonable by-laws might inflict. Their personsl rights cannot be jeopardized. “In that view I fail to appreciate the anx- ioty of a certain learned jurist of anothor state, who, in a recent address, seemed to apprehend serious danger to the peace and slfare of our free institutions, occasioned by the manifestations of power and alloged defiance of authority on the part of certain labor organizations in the western states. “In my opinion the citadel of personal liberty in this country is in more dangoer of being” undermined by ~the ill-considered opinions of some of its judges ining doubtful points and wmvolving quibbles in favor of corporate power and creating legal factions to cripple the efforts of honest labor, struggling against grest odds, to assertits dignity, than from all the arbi- trary demonstraiions that were ever made by workingmen. Speaking of *‘the tendencies of the times,” Mr. Hill snud: “Tha mercantilo exchanzes in our great cities are clamoring for relief from laws which restrict their business in accordance with old-fashioned plans aud notions; and they are sceking to have thewr contracts renasred as frec as tho air we breathe. Tho whole country is at last awakening to the impropriety of making our moncy metals a mattor of merchandise by the government itsolf, and are hoping thata patrintic con- gress, soon o convene, will faithfully respond with promptitude to the demanas of public sentiment in that regard. It is not to be inferred that all tho efforts to which 1 refer to reliove business from existing legal and other restraints, are to bo regarded us commendablo or can bo ac- ceptod without serious question. Those who demand that money shall be free, that usury laws shall be abohshed and the’ charge for the use of money shill be a matter of con- tract between the borrower and lender can hardly expect & ready acquiescence i their proposition,” and 8, Courtland Beach. A Clused Up shop, St. Josern, Mo., July 20.—The Equitable Accident Insuranco company of Denver is not doing business in St. Joseph any more, and the offices are closed. The local agents hereare William Tater and Mr. Beavar, About two weeks ago Mr. Dodge, traveling auditor for the company, came to St. Joseph and took eh e ofice, Beaver drop- ping out, the other agent, went right on with his work until yesterday noos and claims that, as far as he koew, the busi’ ness was L continue, At uoon he went to dinner, leaving the business of the Equitable Insuranco company in full vlast. When he returned, an hour later, the business had ceased, the office was bare, aud Auditor Dodgoe was nowhere to be found. The com- pany has a large number of policies in the west, principally among working pople, - Balloon at Balloon goes up twice toaay. - . Sult to Fore u Blg Mortgage. MiNxEAPoLIS, July 20.—The Metropolitan Trust cowmpany of New York has brought suit in the United States court at St. Paul to foreclose a mortage of $3,220,000 on the Wisconsin, Minnesota & Pacitlo railroad be- tween St Paul aud Mankato and between Morton and Watertown, S. D., now oporated by the Miuneapolls & St. Louis Railway company. A default of $600,000 in interest is charged. ————— Balloon 3 and 8 o'clock today. BEE: SUNDAY, JULY BAN 30, ROBBERS™FINE WORK | How a Plainview Tnstitation Was Wrocked Without Violsnoe, pimy IR HAS COMPROMISED. THE OFFICIALS Three Thonsand Extrdctes from the Safe I Sospension Fosesd —Condition lained bydthe State Mauk Examiner, Laxocoryx, July 29.—[3podial to Tre Bee. | There will be many thints connected with the suspension of the Plainview State hank that the ofMcors will have somo difticulty in explaining to the court bofore the matter is finally adjudicated. When the bank was opened by its officers last Monday it was discovered that somothing over 3,000 had been taken from the safe since the Sat- urday previous. Owing to the loss of this amount of money the bauk was comveiled to suspend. The State Banking Board was notified of the suspension and R. H. Town- ley, clerk of the biard, has besn at Plain- view all week, making an investigation into the condition of the aftairs ot the institution His report was filed with the clerk of the supreme court today and the attorney gen- eral ut once patitioned the supreme court to appoint a recelver. The examiner's report raises some very grave doubts as the correctness of the re port that the bank had been robbed. There are many other suspicious circumstances about the affair. For iustance, the examiner found that the discount register had boen mutilated, and a great many notes held by the bank missing. Examiner's Private Judgmont. In closing his report, Examiner Townloy makes the following statement : “There seems to Ye ample resources to meet all deposits and to dischargo bills payable. The suspension was forced by the abstraction of £,301.78 from tho safe. The books show that this amount was on hand on Saturday when the bank closed for the day. The money was gone when the examiner took charge. There was absolutely no ovi- dence to show that any violonce had been used to open erther the bank building or the safo. ‘The safe was either left unlocked, which s improbable, o was opened by the proper combination. The only persons in possession of the combination were tho vresident and vhe cashier. There was no written copy of the combination. No out- sider could have had auy knowledge of the combination. The currency and gold were_taken. The silver was left undisturbed. Ihis fact, to- gother with the mutilation of the discount register, and the lack of evidence of forcible entry are circumstavces which place the vrosident and the cashier in unenviable positions. They both possessed the confi. dcnce of the community prior to the sus- dent stated that the lateh of the back door had been forced open and that he 1 repaired it with larger screws. Thi v have been true. There was no evidence for or ugaiust this assertion.” Something About the Bank. “Tho bank was a small one doing busin ess in one-story frame building for which it paid but $10 per month i, rent. It had no vault, but jts safe was ond of the standara make and had a time tock in good working order. The face of the books shows that the resources were as follow Notes and bills discoupgod 815,847 Due from Om 5 76 28 Due from Union National, Omaha.. 173 106 from State Hanks.,....cs........ 71 01 (ks BuvoAt 42 87 Furniture and fixtures. ... 716 00 Current expenses... . 50 56 Cash short from alle 3,301 7 Total.. toee s 820,407 T1 The liabilities of the bunk were as fol lows: Capital stock Surplus 53 od robbery. 212,500 00 698 00 4,809 71 2,400 00 wooen. 820,407 71 Both the president and the cashier claim to have no knowledgeof the maunerin which the discount register came to be mutilated. The mutilation of this book will play n_most important part in the settlement of the bank's affairs, for the reason that there are soveral thousand dollars worth of notes due the bank. There will bo no way of collect- ing these notes and ihe presumption is that the records were muclated by the same Knowing parties that robbed the bank. Of the loans and discounts shown by the regu- lar books of the bank, amounting to $15,847.53, the examiner found £7,096.50; while the bink had vlaced noies to the amount of $4.757.19 as collateral for bills payable, leaving 8399343 un ac- counted for. " Of the missing notes the ex- aminer could find evidence of only one. H. T, Hech, one of 10 stockholders, admitted that one note for §00 s given by him. Mr. Hechu also acknowledged that he had sola notes to the amount of $1,024 to the Omaha National bank. This amount he claimed to have taken out of the assots, leaving the total amount of missing notes at$3.493. The bank had & capital of 12,500, divided among the following stockholders: J. I Hecht, president, sixty shares; John Roush, vice president, sixty shares: k. B. Whito, cash- ier, five shares; H. T. ITecht, sixty shares. The examiner estimates that the assets will show a shrinkage of $11,301.73, leaving the net assets at #3,671.25. He gives it as his opiuion that the depositors will bo paid in ull. Burt County Affalrs. TrxAMATL, July 20.—[Speclal to Tne Bee.] —The Burt County chers institute close a two weeks session today. The attendance has been about ninety during the whole time and much interest was manifested. During the session there were seven lectures given by prominent educators about the state. The recent failure of the hardware fivm of Wilson & Sutherlaud has proven worse than was first supposod. Tho liabilities are nearly £14,000, with assets about half that amount. Mr, Wilson is the present county treasurer and the financial affaics of the county aro not in the least affected by tho failure. Mr. Wilson will finish up his first term in January and will quite prob- bly be renominated by the republicans for a second term. Mv. Sutherland represented Burt county in the state senate in 1880, The Burt County Veterans Association will meet in Tekamah on Wednesday, Thursday and Friday, August 9, 10 and 11, Extensiv preparations have been made for the o casion and prospects now are that it will be the best reunion in the history of the asso- ciation, Approaching Nebraska MeCoow Juserios, guly,,20. Tue Brg.)—The secoyd snnual picnic of the Wood Choppers Picnte #ssociation of the Fourth congressional distéict will be held at McCool Junction Lhuréda$) August 24. Ar- rangements are being, mide for a grand Woodman celebration.”' Gliod *speakers will be in attendance. A pouffd trip rate of one and a third fare has Bedf’ mado on all the railroads 1w the districk” From 5,000 to 7,000 people are expectof to bo in attend- ance. 4 SuELToN, Nob,, July "2 WiSpocial to Tux Bek.)—Anchor lodge No. 14, Aneient Order United Workmen, ha# made arrangements for holding a grand picui at Snelton, Neb., ou Wednesday, August 2. to which all the Aucient Order United” Werkmen lodges of Buffalo and Hall counties re invited, ~ This i8 to be one of the greatest ‘events that this order has ever witnessed fit this part of the state aud o pains are befg spared to make it'a grand success Sudden Death Yous, July 20.—[Special Telegram to Tug Bek |—Judge Wells, fathor of Mrs, C. C. Cobb of this city and H. M. Wells of Crete, dropped dead todwy while working in his yard. Mr. Wolls was an olé and respectod citizon of this city and his death casts a gloow over the community. York, Diseussed Flnance, Fuemont, July 20.—[Special Telegram to Tue Bee.|—Hon. J. E. Frick addressed & very large and intelligeut audience at the city park tonight on “Finauce.” He essayed W prove by the statistics of the two metals that the vrosent parity could mot be maintained with safety 1803-8IXTEEN to the government. Ho favored lute froe coinage of American silver. he would put 100 cents worth of 8 silver in a dollar and make it a for all debts, public and private, regardiess of contract, and he would compel forcign nations to pay thoir custom duties in gold He was attentively listoned to and gener ously applauded the abso bt ndard legal tender AT camp Sapsrior People Prepared to E Who Attend the Reanton. Stranion to Tie Bee.) ~Dalegations without numbers are already securing quarters at Camp Lincoln. The seven lines of railronds ave pouring 1n supplies and attractions of ali kinds, and time in the history of this organization has thore been so ereat attractions and such flattering prospects tor a successful roun s now o An inspection of the various attractions confirms the belief that cverything will be first class and conducted on a magnificont he arrangement of this beautiful camp cannot be surpassed. All the dot are being carcfully noted by the vari committees and being tastefully arranges A large committee of the ladies of Superior are superintending the finishing toaches in the line of decorations. The supply of city water has boen acmira bly arranged by placing four large fountains oirs in’ accessiblo places m camp. ms to be left undone to make the encampment a success, aud especially to care forund entertain all who come. The -ains here the past few days also add mate- rially to the guccess of the reunion. AvTIVITY LINCOLN, tertain ANl no BANK PRESIDENT ARRESTED. Adjutant General es 1. Gago Accused of Crookea Work. FrANKLIN, Neb, July 20.—[Spocial Tele- gram to Tk Bk, ]—James D. Gage, prosi- dent of the State bank of Franklin, which recently closed its doors, was arrested to- day on & warrant sworn ont by J. W. Robin- s00, charged with veceiving deposits when the'bank was insolvent. Tho preliminary will be held Monday. The chareo is the samo on which Cashier Douglas is now in Jail. There is a vast amount of crook ness alleged to have been conwected with failure. Other warrants will bo sarved for embezziement and _conversion of bank funds. Mr. Gage is a pioneer of this county aud cnjoyed the fullest confidence of tho people. His appointment as adjutant gon- cral of Nebraska by Governor Crounse was rogarded as one of the best. Rushed Through Wiihout Food. HastiNGs, July 20.—[Special to Tur Bee.] —Two more delegations of Colorado tourists passed over the Burlington last night on their flight oast, By some mischance the city authorities were not notitied of their arrival, and so no food was given them ‘These are the first ones to be omitted in the hospitality of tho city, and it was merely an oversight which sent the forty on their way hungry. So far the city of Hastings has entertained over Active work has been started molition of the condemned Hoeppner build- ing, which for somo timo has been a_sour of danger to all passers by. This building is 4 landmark, bemg the first brick block erected in Hastings. Still, in its present conaition, all will be glad to'seo it remo Rov. F.'S. Spalding of Denver, pr of the Jurvis Hall Military a; ates at St. Marik’s Episcopal church tome row, speaking on “Christian Education. The Hastings Cycle club races last night were well attended, but on account of the condition of the track no rocords were broken. Wanzer won the quarter mile, Duer second——:3715. Mosher won the half mile boys' handicap, and Landis the milo in 2:4315, Wanzor second, and Jucobson, with nearly two laps, the two-mile haudicap, in the de- Grana Tsand's coanl Guaxp Istaxp, July 20, ~[Special to Tire 'man George P. Dean of the re- union committee made a trip to Lincoln yos- terday in the interest of the rounion and called upon Adjutant General Gage, who has promised to ussist in every possible way to make Grand Island’s coming rounion and the encampment of the National guards suceess. ~ Mr. Dean also had a talk with the commandant of the Nobraska department of the Sons of Veterans, W. B. MeArthur, who was very enthusiastio and vouchsafed' thav the Sous would make itdecidedly interosting as fur as their attendance at ihe reunion and thew participation in the sham battle was concerned. tated that at least 500 Sons of Veterans would attend the reuni and a sufticient number of tents will be re- seryed for their use. Chairman Dean is billing the whole state and is working with 4 vim that is bound to bring crowds. Ora Notes and rersonals. O, July 29.—([Special to Tir Bre.]—Mr. A. C. Lockridge, while on a visit tohis farm, fell and broke his arm. Mr. Adsm Smith left Wednesday World's fair, While east ho will old home in Indiana, “Tho ministers of tho Methodist £piscopal, Bapust and Presbyterian churches will unite in union gospel temperance mectings cnings of July 30, August G and August 13, Little Owen, tho S-yonr-old son of Mr. J. R. Beauchump, met with a painful accident Tuesday evening. While sitting_ with two ouher ehildren in Vhe back seat of a wagon it became 100se and tipped back, throwing them out. The others escaped, but Owen had his arm broken. for the visit his Arrestod n Deinuitor, Guaxp Istaxp, July amto Tue Bei defaulting city treasurer, John W. West, surrendered him to the sheriff this afternoon and he now oceupies a coll in the county jml. His suveties, for some ressou, became frightened. Efforts will be made to sceure another bond. - West has two brothers in the state who will no_doubt come to his rescuc and secure his release Bryan's Chadron Audlence. Citavioy, July 20, —[Special Teleg Tag Bee)—A crowd of about listened to Congressman Bryan liver one of his bimetullism spoeches at tho opers houso today. The aftair was & nonpartisan one, in charge of the leading bimetallism advocutes of this sec- tion. Mr. Bryan made a convinciug talk and seemed 0 havo an audienco that wus in full_sympathy with him. He left tonight for Lincoln. am to 700 deo- Heavy Corn Crop. Hennox, July 20.—(Special to Tue Bee.)— Another heavy rain has visited this county, and this, coupled with thatof a few days ago, ullays all fear that the corn crop will not 'be ono of the largest crops since the crop of 1888, These ral bave enthused all business. Small grain is all harvested and most of it is in the stack, somo having al- ready been threshed, making a jzo0d yield. Enthumastio Religlous Workers, Penv, July 20.—[Special to Tue Bee.]— Rey. Mrs. Roed and Miss Ioster have began a series of meotings in & tabernacle erected on Sixth aud Conkle streets. They claim to represent the Holiness scct and intend visit- ing overy bouse iu Peru sometme during their stay. They have proclaimed that they will convert the whole town to the Holiness doctrine. York's Water Wo lant Sold, Youk, July 20.—(Special Telegram to Tue Bee.]-The York wuter works plant was sold today under & mortgage by an order from the United States court. The bidders were James Daniels of St. Louis and 8. H. Sedgwick of this city. It was purchused by tho the latter for & Injured in n Kunuway. PraTrsouty, July 20.—[Special Telegram to Lue Bre|—Frank Ptak, an aged Bo- hemian, was seriously injured in & runaway this morning. A wagon wheel passed oyer his chost, causing internal injuries which his phy sician fears will prove fatal. —— DId Not Open tor Business. Eav CLamig, Wis,, July 20.—The Commer- olal bank, capital 50,000, did uot‘open this worning, haviog been placed in the hands of a recoiver. . C.Allen, said: *Ihere are slight runs ou other banks, but they are perfectly solid.” —— Kuew the Mank Bost July 20.—-A chester, N. H., says 1usolvent. pecial from Mau- Disclosurcs today tend o show that Cashier Morrel know the worst and ran away rather taan face the A dir or stated this morning that in addition to the $0.000 worth of doubtful paper which has been thrown out of the Decoryfleld Savines bank, there is from 210,000 to 3000 due dopositors. It is now thought the dofieloncy of tha bank may o to £100,000, ¥ ident Burnoe stated today that Mr. Morrel's name is on papor Ian in excess of the limit allowed by iaw -ty Balloonat 3and 8, Courtland Boach Wasnt - rrox BUrkAU oF T Brv, | 518 FOURTERNTI STREET, Wasnixarox, July 20, § Matt Miller of David City, Neb., whose presence in the city was noted in last night's dispatches to Tne Bee, has been hero sevoral weeke, it seoms, under cover, looking after the United Staves district attorneyship for Nobraska. Ho left today for Boston He says tho absence of Secretary Morton from Washington at this time has put a quietus upon il Nebraska appointments, He does not expect any Nebraska appointments until aftor congross roorganizes Interested Washinton Demoerats, Among castern democrats today tho an nouncement of the retirement of Governor Boies from politics has boon disoussed with grave interest and much surprise was ex- pressed. Up to the announcement today of the governor's rotirement from politics there has boen a generat belief among both democrats and repubjicans that he would be the nominee for governor again, but now that he is out, gos found a satisfac- tory reason for his voluntary retwement in the fact that tho governor his lost his popu- larity among lowa democrats to a great cx- tent, and wero ho to bo renominated there is reason to bolieve that he would be woeaker with his party than ever bofore. The rock on which the governor grounded was the fedoral patronage Soun alter olection ho publicly proclaimed tho fact that he would endorse nobody for federal office, claiming that he was under equal_obligations toall of his party follow- ers. The lowa oftfoe seckers acquiesced in this action of Governor Boies with somo mis- givings. That their suspicions wero justifiod was shown later by the fuct that the gover- nor secrotly endorsement to & num ber of democratic applicants. A notablo in- tance was that of Ashby of Codar Rapids, stato lecturer of the farmors alliance. and & populist who was appointed cousul to Dub- lin. Some lowa democrats of prominence claim to have positive knowledge that the governor asked Assistant Secretary Quincy through National Committeeman Richard son to_appoint Ashby. In other instance he quietly intervened to control Towa patron- age. Tho intense feeling among lowa domo- crats against the governor because of this, it is said, undoubtedly impressod him with his unpopularity and influenced his unlooked for retiroment from politics. News for the Army. The following army orders wero issucd Leave of absence for seven days to take cffect August b is granted Captain Thomns M. K. Smith, Twenty-third infantry, recruit- ing ofticor, Special orders of July 18, directing Major John J. Rodgers, First artillery, to proveed to Fort Canby, Wash., on ofticial business. is amended to divect ham to proceed to tho post named via Vancouver Barracks, Wash., and tp report euroute'to the commanding gen' eral Department of the Columbia. Leave of absence granted Captain Goorgo A. Drew, Third cavalry March 17, 1s ex- tended two months. Leave of absenco for cight days is granted Captain Nathan S. Jarvis, assistant surgeon Loave of absence for two months to take t August 10, is granted Captain Edward arter, assistant surgeon. Leave of absence granted Captain Frank Iry, July 17, Department of latto, is th, ve of absence g Lieutenant Melville S. Jarvis, Fourth infantry, July 13, Department of the Columbia, is oxtended to include September 15, 1803, of absence for ome month and twenty days, to take effect upon the comple- tion of his duties at the Bellovue ritie rauge, is granted Sccond Licutenant John B. Ben' nett, Seventh infantry Captain Walter . MacCaw, assistant sur- geon, will be rolieved from duty at Ca Pilot, Butte, Wyn., and will report in to the commanding oflicer of the presidio of of Sun Francisco, Cal. First Lieutenant Jobn H. H. Peshiner, Thirteenth infantry, is rolioved from duty at tho Ohio Normal 'university at Ada, and will join his company September 1, 1 First Lieutenant George W. Burr, ord- nunce aepartment, will make ten visits or such less number as may be necessary, not excecding two per week, to the works of the Sterling Steel company, Demmler, Pa., and six virits, not_exceeding two per’ week, to the works of the Carnegic Steel company’ of Penusylvania on oflicial busmess pertaining to tho ordnance department. Colonel Itobert i1. Hall, Fourth infantry, is authorized to assist the Chattanooga and Chicamauga_battlefield commissioners of the state of Now York in their duties and in 0 doing to proceed to Chicamauga, G Chattanooga, Tenn., and Washington, . Mincellaneous. J. C. Morganof Koarney has applied for appointment as special troasury agent. Ho wae formerly editor of the Council Bluffs Globe and held the oftice of pastmaster at Kearney under the former Cleveland ad- ministration, P.S. H. —_——— PEPPERING HIGHWAYMEN, A Fort Scott Citizen Gives Idens on Robbers, A prominent citizen of Fort Scott, Kan., who evidently believes in the utter extermination of train robbers and has some ideas as to how it should be don has given those ideas to the Missouri, Kansas & Texas railvoad in the hope that it might make an experiment along the line of the ideas advanced. The letter is out of the ordinary, and with a view of making known the advantagos of the system of train robbor warfare contained in the letter the Missouri, Kansas & Toxas has consented to its publication. It reads: To TuE GENERAL MANAGER OF THE Mis- soURl, KaNsAS & TexAs RAlLoAD: Dear Sir—3onie woeks since I was a passenger ou one of your trains with a ticket from Fort Scott to Houston. We took supper at Vinita and were held up an hour luter at Priors Croek station. Thorefore Lbis lotter. From the commencement to the end I took consid- erablo interest in the procoedings. 1ob- served that few exhibited fear, the dominaut sonsation being curiosity. 1 observed that the robbers were not only poorly organized, but had more or less approhension about ro: sults to themsolves, the follows at o s continually erying to thoso iu front: ain't you about through up there?” und *“For Christ's sake, won't you ever get through up theret and “What ‘in h—1 are you fellows doing up there? and 8o on all through tho Job,” I observed that tho lirst shot fired by the express messouger putoutall the lights in_tho cav (this on his statoment). Now, my observation leads me to tho con- clusion that it your company will run 24-inch strip of boiler won around the bodies just below the windows of your cars, put Tour or five Winchesters in ench car ' just above the windows in glass-covered boxos just as you do axes and marked “For Bmérgencies,” post up oar offering o reward, iu $200 or K0 npiece for *frosh dead train robbers,” Ithink you will sue the meekness and apathy of theordinary to-be-robbed pas- songer disavpear and the American public will take care not only of itself, but of any stray robbers “‘caught in the act” along the line of the Missouri, Kausas & Toxas, “The average traveling American thinks ho has boen robbed enough by the time the rail- road and the slooper company nave both had whiack at him, and if you have sny fear of his being the indirect cause of noncombat- ants (women and children) being hurt in the shuftie (by usiug the boiler iron) put the weapon in his hand and the majority of him will act on his “man.” Add the more mercenary and, perhaps, more desperate fellows, who would be de lighted Lo kill & train robber and make a hundred or two, and you will have ample protection ou every train. Why I wouid not be muoh surprised to learu that many train robbers had “quit the road” aud gone gun- niug for their erstwhile comrades. Hoping there may be something new to you in my suggestions, and assuring you that it doos muke & man mad to bo robbed, and beliey- ing that with a fair chance aoy wan will tight, [ renain yours, ¢ e Balloon 3 and 8 o'clock today. Train EXHIBITORS FINDING FAULT They Make & Vigorous Complaint to the World's Fair Directors. NO INTEREST TAKEN IN THEIR DISPLAYS Poorly Ventliated Mull ovator Servi, nge o Glven The Fair Will 1o Open Today Exposition Notes. Cnic July 20.—The Associated Ameri- can Exhibitors have arisen in revolt against the inaccuracies of tho official cataloguo, issued under the auspices of the exposition, They have issued a sharp lottor to the pub. lishors, Conkey & Co., whicli is to be followed by & protost to the director genoral if a cor- rected edition is not forthcoming. Trish mombers of tho polico and fire do- partment eompoted in running, walking, sack and whoelbarrow races at the lrish village tony, Thera was also the usual Jig dancing. Tho sports of old Ireland have Proved such an attraction that it has boen necessary to enlarge tho village bounds, Exhibitors Make n Kick, At o'clock today the national commission suspendod regular proceedings to allow a number of gontlomen, representing the Amorican Exhibitors' association, to discuss with the comuission the best means of cre- ating more interost in oxhibits and to ask for botter facilities for visitors to reacn the gallorios of ‘the various buildings and for better ventilation, = President Pangborn of the nssociation w. tho first to address the commission. He ox- plained that owing to the lack of elevators for visitors to the fair fow went up into the gallerios of the buildi Thorn was a great lack of ventilation. and in some of the buildings, more especially in the galleries the air’ was almost stifling. He com plamed that on this account tho grounds woro frequently crowded with people whilo the buildings woro_slmost ompty. “The dancing givls on Midway plaisanco,” ho said, “the scum of tho Dbrothols of the Orient, attracted more attens tlon than the ereat Manufactures and Libe eral Arts building. This should not bo so, Something should be dono to induce the vis- itors to visit the exhibits.” He thought it there wero plenty of guides to show visitors through the buildings, moro interest would be taken in the exhibits. Director General Davis repliod_in behalt of tho exposition management. e said 1f the exhibitors had such griovances s thoso of which Mr. Pangborn spoke they should have formulated them and sent them either to him or the council of administration, The exposition company was auxious to ploase the cxhibitors and would do all iv conld. The commission then resumed tho regular orderof busiuess, but nothing ot importance was done. Wil ¢ Y “The World's fair weather continues as fina could bo wished, the skics clear, tom- perature comfortable and a bracing breezo from the lake. Thoso in attendance av Juck- sou park today enjoyed themselves to tho utmost, he fair will be open tomorrow. This do- sion was reached last night at a meeting of the council of administration, when a long st of resolutions was adopted reciting the procecdings in the Clingman_injunction suis and finally ordering that the World's Colum- bian exposition shall be opeucd to tho pub- lic on Sunday next. Noxt week it is_hoped the matter will be definitely and finally sot- tled. Next week promises to be a lively one at tho fair, every day being taken for the special oxereises of some country, state or ion. On Monday the engineors will tako possession of as much of Jackson park as they ean covor. Nuw South Walos will have the run of things on Tuesday and on Wednesday tho Nutioual union will have a program at tho fair. “Thursday is Russian day and on Fri- day the park will be given over to & y plaided warriors and dames. Califorria Pioneors' day is sot for Saturday and their exercises will wind up the week. An Obje The tlon from Ponnsylva council of administration 0 1he Council of Ad- July 29, .(ny possible 2 the World's fair ton 0 the cost of Incurring th country for i 'y e t dealings with injuncilon, if it results in even one re-open bohalf of national Sabl: WILBUR F, C 5. 1L Gronar, Seerotary. “The peoplo who sent that message cor- tainly cannot understand the situntion wo arcin,” said Presidont Higginbotham. “They think wo are tricking with the Stein injunce tion, and are immodest cnough to say so. They seem also to think that it would bo bettor for all of us to go to jail for disobedience of ~ that injunction than to incur their displeasure by keeping the World's fair open. In other words, these Christian people do not want us to obey the law. Thoy want us to still further disobey the mandate of the urts. 1t would secm to bo every ouc's duty to supnort us in the obedionco of the law rather than to counsel any more infractions. It is probable that Judge Stein will punisn us for what we have donc alreaay. I shull be disappointed if he does not. Cortainly, 1t 1were in s placo and he in mine T should visit some punishment on him.” ——— HE BAGGAGE SMASHER. Threo Cheertul Little Storles Reoslled by m Middlo Agod Cluzen. “I look in vain in the literature of tho day,” said a middle ag, man to the New York Sun, ““for stories of the bag- gage smasher, such as werc current thirty or forty years ago, which used to interest mo very much. Who that is old enough cannot recali the story of the baggage master and the circus man's snake? The circus man's trunks, it will be remembered, had been at one time and another protty roughly handled, and 50 one day he got a rathor flimsy trunk and put in it @ bos con- strictor twonty-two feet long, and he marked on the outside of the trunk: ‘Don’t break! Boa constrictor inside.’ **Oh, I've just been walting for some- hody to ship & boa constrictor by this line," said the buggage smasher, and ho geabbod the teunk by one of its handles intending to toss itover his head, but he yanked with such sudden energy that ho pulled the handle off. Then ho kicked the teunk over, the other end up and grabbed it by the other handle, lifted it and dropped it and smashed it wide open, and there was a snake in it, and the shake came outand uncoiled himself, and when he coiled himself up again ho was around the baggage master, and “Phe bagguge master never checked any baggago after that. “Another story told of the tribula- tions of & traveler whose trunks had been smashed and how finailyhe fillod a big trunk with dynamito and marked ‘*Handle with care!” Dynamite! “Dynamite——!' said the baggage master, with fino scorn, and he pulled the trunk down from the top of a high pile and let it fail en one corner and —— “*He never returned, “I'hen there was the story about the angered traveler who placed upon the corners of his trunk patches of somo material 50 elastic and springy that if vou dropped the trunk hard it bounded nto the air thousands of feot. is trunk came to the station on the sum- mit of & gieat load of trunks, and the baggago 1 aster seized it by the handle, d one foot against the load and pulled the trunk off and let it fall on corner and It never came back. “And the owner sued and r for the loss of his trunk, e Balloon ab & and 8, Courtland Beach, co vered