Omaha Daily Bee Newspaper, February 4, 1894, Page 7

- 4 F A THE OMAHA DAILY BEE: SUNDAY, FEBRUARY TEEN PAGES MEET EVERY CHARGE MADE Answers to the Ives Petition for the Re- moval of Northern Pacific Receivers, EXHAUSTIVE REPLIES HAVE BEEN MADE that He Was a Partner In or 1 by Any of the Deals— A Statement of the Case, He Denlos Profit MILWAUKEE. Feb. Ther e were filed today by the Farmers Loan & Trust com- pany, Sheldon & Co., P. B. Winston and Re- ceivers Onkes, Haynoe and Rouse in the reuit court of the United States in Mil- waukee, six separate answers to the Ives petition for the removal of the Northern Pacific receivers, The answers present exhaustive replies to every charge made and conprise over 500 printed pages and are accompaaied by documents and proofs, in all makiog 240,000 words. The answers not only tmeet all specific charges, but even explain and refute mere insinu; Not a point is left unansy objections to the petition on account of ambiguivy and vagueness have been waived. The receivers ve, with frankness, laid all the facts and circumstances of the entire subject fully before the courts with numerous afidavits and other evidence in support of their denials. It is shown that the branch line policy originated during the Ives-Harris administration, and the re- celvers bring proofs to show that by reject- ing branch line leases they have saved more than 1,000,000 per year. The receivers have already paid £5.000,000 prefercntial debts and abont $2,000,000 interest, with important economies in operation, Mr. Oakes answers every charge specifi cally, filing exhaustive ~documents and proofs. Mr. Ralston scores his accusers and refutes every allegation. MR. OAKES' DENTAL. In his answer Mr. Oakes specitically denies that he was a partner in or profited by tho construction of any of the lines or guarantee of any of the bonds of the same and courts the fullest investigation, and he also denies that the directors profited thereby. He shows that under his m ment the grc carnings were inere from $12,000.000 to 24,000,000 until the re- cene extraordinary depression, which solely caused the bankruptey of the compuny. He reviews the history of the purchase or lease of the following railronds: The United rail- roads of Washington, the Spokane & Palouse, tho Rocky Fork & Cooke County, the Seattle. Lake Shore & lastern, the Northern Pacific & Manitoba and the Chicago & Northern Pacific. The answer shows that they were necessary for meeting competition and controlling the business and pro- tecting the territory. The Northern Pacific directors and stockholders unanimously adopted this policy in 1881, adopted it 1n 1586 and iu 1859; v to this policy from time to time, br roads were constructed or acquired to meet particular exigencies: that in each instanco the subject was carefully examined, referred to special committees, reported upon by various departments to the board, and that all of the twenty-three branch lines now in operation (with the exception of five) were commenced or authorized by the Ives-Harris board, that now complains of the same, and that the cesponsibility for the prosecuting of this policy of branch line building is Iaid on the Iveg-Harris board; thaut the acquisi- wion of the'oranch lines was a necessity in railrond mavagement and, upon the whole, beneficial to the system. Iach branch line complamed of 1n the petition is ex- haustively treated, and all the facts and figures are fully shown. The branch lines constructed or acquired during the period Mr. Oakes was a director furnished business te the Northern Pacific ‘company of over $4,000,000, or more than one- half of the entiro revenue derived by the Northern Pacific Rallrond company from interchanged business with all its branch line: The Central Washiogton, Great River & Northern, Spokane & Palouse and Northern Pacific & Manitoba roads all were constructed or their construction provided for under the Harris-Ives management. On the Spokane & Palouse the business last year exceeded §360,000, the net revenue from which paid all the interest on the bonds issued on account of the extension. The Green Kiver & Northern was authorized by the Ives-Harris board of directors. DIRECTORS INTERESTED. The answer shows thatno director was Interested in the construction of the United railronds of Washington; that they cost the total amount of bonds issued thereon, and that no profits were made in their construc- tion. The answer shows not a cent of money was paid the Oregon & Transcontinental com- acy for its services in purchusing tho Eouulc, Lake Shore & Eastern, Four di- rectors of the company were interested in a syndicate which owned and controiled the Rocky Fork mines and railroad; that they purchased the stock of this company and made a contract with the Rocky Iork com- pany for 500 tons of coal per day for 99 yeas ab $2.50 per ton. withicertain rebaces. The answer shows that for the fiscal year end- ing June 80 lust the company saved by vir- tue of said contract over $1,000,000, or & sum equal to about §1,000 a day. As to the Northern Pacific & Manitoba, or as to the acquisition of the stock and bonds of that compuny, tho answer shows thav a syndicate was organized by Mr. Villurd to coustruct this road, but that he had no per- sonal irterest in it. The entire road, in- cluding terminal properties, costover £,000,- 000, and the profit for the year euding June, 1502, was over §500,000. A$ to the Chicago termwals and the Wis- consin Central lease, the unswer shows that befare the lease or any traffic contract was entered into the value of the properties was thoroughly aud carefully examined by inde- peadent experts, not ouly representing the company, but representing bankers who ex- pected to make large investments in the Chi- eago terminal bonds; that these experts uni- formly placed the value of the leased proper- ties largely in excess of the valugon which rental was paid under the leases; that the Ives-Clews report of last year placed the value of the Chicago terminalsat about 28,000,000, whilo they were acquized under «lgaso by the Northern Paciticon a rental valuo of about $18,000,000 and that he, Mr. Oukes, had no interest, direct or indirect, in l:\u acquisition and control of these proper- ties. . WILL START WORK SOON. In Forty Days Construction of the North & South Road Will Be TOPEKA, Feb, 8.—The projectors of the North & South railroad seem to have struck a bonanza in Texas. Chairman Close, who 1 also Governor Lowelling's private sec: retary, returned today from a two weeks tour in Galveston and southern Toxas in bebalf of the proposed anti-monop- oly road. In a talk on the subject this afterncon Chalrman Closo said: *“We will actually begin on the construction within forty days. The Port Boliver Townsite company has given us the half interest in 9,800 acres of land, providing we make that yort tho terminus of the road, which we have decided to do, and as soon as Hfty niles snall have been built the citizens of _Galveston will give us £00,000, and we have hmlum- 3 from towns all along the line of he propo “Bort is across the harbor from Galveston, A town about forty miles north of Port Bulwer has promised ull tho ties necessary for fifty miles construction pro- viding wo run the road through that town, and in addition to this gift they will put up £60.000 in cash. ‘The fifty miles of road that will be built at once will connect our line with the Southern Pacific and will give us & . connection with other lines until wo can pusi our lino farther north.” Rumors of # Big Pool. LONDOGN, Feb, he report that a big pool had beeu formed on this side of the At- lantic by the different steamship lines was luvestigated toaay by the Assocluted press, [n un interview by a reporter with one of the leading lines, tho, ofticials said the statement was incorrect so far as ite Butish steamship lines were concerued. Bug, he added, the continental linas havo already completod ar- rangemonts to pool their Atlantic passenger traffle earnings and are nogotiating to pool the earnings of their froight business. Tt was added by the Liverpool steamship line officials that the British companies are likely to conclude an agreement with the continental lines which will diminish compe- tition, Transcontinental Rate Problem. CHICAGO, Feb. 3.—The commitue which has been laboring at the transcontinental rate problem today announced that it must have more time in which to complete its ro- port and an adjournment of the Western Passonger association has boen taken until Thursday of next woek. The rates now in effect will remain without change until after the meoting. More charges of demor- alization of business have been brought against the Unfon Pacific. This tme the accusation Is in connec- tion with the emigrant business. The Union Pacific was never a party formaily to the establishment of the clearing house in New York, but it gave tha old lines positive assurances that it would not a disturb the clearing house in any way. now charged that it has been paying larger commissions than allowed by the agreement and rosorting to other means of securing vhe business, which are cont to the assur- ances it made when the clearing house was startod. A meoting of the clearing house advisory committes was held today, but no defiuite action was ta sl ALLEGED BURGLARS. Accused of Having A Laundry. After the regular grist was over in police court yesterday the cases against Button, Clark and Overton were cailed for trial. ch defendant is charged with carrying concealed weapons and having burglar tools in his possession. Attornevs represented each of the prisoners and Assistant Courty Attorney Day presented the case. These men were arrested last Sunday night for alleged consgiracy to rob a Chinese wash house at 2221 Cuming street, eant of Police W. H. Shoop testified that he received a tip of the proposed raid and shadowed the thieves when they met at the postoffice last Suaday noon to com- plete arrangements. The gang was to meet that night at Twenty-third and Burt streets and muke a descent upon the unsuspecting Colestials. Shoop and Haze layin waitat the corner and the wside of the laundry was guarded by four detectives. Button and Clark passed the corner on time and headed toward Cuming stre followed by the ofc These two prisoners went to the front door of the laundry and looked n and turned away. The sergeants were afraid their zame would get away und made the est at once. When searched each man had o revolver. Clark had a file, a pair of blacksmitn’s pinchers and a bottle of chloro- form. Continuing, the witness said that he had talked to the men in the sweatbox and the use of the tools had been explained. The file was to shove in over the latch in the door s0 1t could not be opened and the pin- cers wero for opening tho trunks. where the money was supposed to be kept. A little chloroform was tuken along to put the Chi- namen to sleep, Clark said that Button put up the job and that he went along to see if the gang passed any counterfeit money. According to Sergeant Shoop's testimony the prisoners made no attempt to enter the laundry; all they did was to look in the door and turn away. Detectives Dunn and Hudson were two of the officers concealed iuside. After the ar- rest of Clark and Button they went down Twenty-third street and met Garlic and Overton avnd arrested them. George Garlic, the man who gave the tip of the intended raid, testified and told about meeting Overton, Button and Clark at the postofice to talk the deal over. At Garlic’'s _request the raid was post- poned. Clark, according to the witness, was the mun who proposed and planned tne rob- bery and had procured the file, pincers and chloroform for the uses alreadv stated. Gar- lic said that Clark had asked him coofi- dentially what his opinion of Button was, as Clark was afraid he would not “stay” in a fight. This witness was cross examined by the attorneys, but no new testimony developed. Overton was discharged on the charge of carrying burglar tools and was at once re- arrested for carrying concealed weapons. He was fined $13 and costs. The hearing of Clark and Button was continued until Mon- Tay. GRANDMOTHER TAKES IT. Men Planned to Rob Trouble Between Mr. and Mra, Thelr Child is Settled. At a session of the county court, held yesterday afternoon, Judge Baxter demon- strated that as a pourer of oil upon troubled waters, and as a settler of domestic jars, he stood without a peer. -During the forenoon both the county, the police and the district courts were nearly swamped with petitions, writs of habeas corpus and warrants in the Fox case. Some of thesedocuments charged one thing and some charged another. Law- yers saw fat foes in sight, while the hangers- on around the respective court rooms smiled and grew fat while they thought of the sala- cious testimony which they would hear when the cases to try the differences between Georged. Fox and his wife, Jessie, were alled. The case institituted in the county court wason a writ of habeas corpus by the mother to gain and hold possession of Kthel, the ear-old child. In addition to this there was a criminal action in the police court and an injunction 1 the district court. In the afternoon the habeas corpus case was court, where a lot of dirf d until afrer 6 o'clock, with o prospeet of the trial running into another day. Mrs. Fox had testified that she was willing to take the little chila, which was the bone of contention,and give it ahome with her and her husband on the farm near Herman, Washington county. The father had testified that such an arrange: ment would be satisfactory to him, and Mrs. Rose, Mrs. Fox's mother, stated that she was ready to take the httle girl. Thise brought matters to a climax. Judge Baxter stated that he had a mind to enter an order turning the child over to its grandmother. Both husband and wife agreed and then the order was eutered of record, with the further agreement that all proceedings would be dismissed, cach side paying the costs which 1t had incurred. B BY A BABY'S COUGH. Trivial Incident Whic Fox Over ed a House fron y Fire. Yesterday at 3:15 a.m. a lamp exploded in the house of Alfred Jones, 815 South Twenty- second street, caused quite a lively blaze for a few minutes and it might have been a serious affair. The family retired at the usual time, leaving the lamp on the table in the dining room, The customary precau- tions were taken for its care and all was supposed to be in a safe conditior About 3 o'clock Mr. Jones' baby started to cough, but as it had a cold, little attention was paid to It at first, Still the coughing was kept up and Mr. Jones want to get something to check it. The door to the din- ing room was the first one he came to and the smoke Issuing therefrom was suffocating and he was nearly overcome by it. Then he felt the carpet burning under his feet, and upon closer search found that tho lamp had exploded, had saturated the carpet and was burning furiously. He at once turned in an alarm and the fire was ex- tinguished. All the furniture in the room where the explosion occurred was destroyed The loss will be without insurance. ad Thief Captured. NEW YORK, Feb. 3.—A telegram was recelved at the office of the Pinkerton De- tective agency from Hot Springs this morn- ing contalning the information that Fritz Dhiem, a notorious dlamond thief, had just been captured in that place by Pinkerton de- tectives. The news was sent to the office of the Jewelers' Protective bureau and there was great rejolcing over it throughout Malden Lane. The Pinkertons do all the work for the Jewelers' Protective assoclation and they have been hunting for Dhiem since Novem- ber, 1891,when he stole $150,000 worth of diamonds in Dayton, O., from R. H. Kranlg, a salesman for the Sherman-Keck Manufac- turing company of Cincinnattl, GULE ROAD PLAYS TRUMPS Oauses a Considerable Ohange in the Union Pacifio Situation, HALLETT RESTRAINS THE UNION PACIFIC Interesting Developments Looked for When the Judges of Colorado and Wyoming Take Up the Wage Schedul, Dolngs In Rallroad Circles. The unexpected restraining order of Judge Hallett of Denver, forowading the Union Pacific from sing its operation of the Julesburg branch, pending consideration of the claims of both sides, considerably changed matters about Union Pacific head- auarters. Time cards were ready for distri- bution and all the arrangements made for abandoning the road today, but Judge Hallett bad a trump card concealed about his clothes and he played it for all it was wortn, The case will be argued [uesday, Judge Hallett having asked Judge Riner of Chey- enne to sit with him 1 the hearing of the case, It is wferred from a telegram re- ceived Friday by General Solicitor Thur: ton that the wage schedule wilt be taken up after the completion of the heariug, and the petition of Frauk Trumbull, receiver of the Union Pacitic, Denver & Gulf, calling upon the Unioa Pacific to pay interest churges o the consolidated 0s of the Denver & Gulf system, In the matter of the abandonmert of the Julesburg branch of the Union Pacific, Den- ver & Guif the contention of the Union Pa- cific will be that it 1= not a Union Pacitic road, and that the order of Judge Hallett ap- pointing Frank Trumbu'l receiver of the segrogated road made i1t obligatory upon the Union Pacific to turn over to the Gulf re- ceivers all lines and properties that were a part of the “overland system" previous to the uppointment of a receiver for the Den- ver & Gulf company. “There never was any contract between the roads providing for the use of the line between Julesburg and LaSalle by the Union Pacitic,” said Judge Thursion yes- terday. “The idea of compelling the Union Pacific to use the Gulf road for its trains is just as absurd as an order requir- ing the Union Pacific to use the Milwaukee road between Omaha and Chicago. Judge Hallett's restraining order is undoubtedly issued to hold the relations between the two combanies in statu quo until the case is heard on its merits and evidently in the supposition that there was some contract between the partiesas to 4 running arrange: ment of trains, buy there was no such cou- tract made nor is there one now in force,” CONTENTS OF PETITION. In the petition for authority to relieve the receivers of the Union Paific from per- nce of agreement with the Union Denver & Guif the reasons for the are set forth at considerable length, the contracts between the two rouds being made a part of the petition. Notwithstand- ing the constructive mileage of three miles for each mile of freight actually hauled by the Gulf company the Union' Pacific was compelled to make up vast defieits for the Gulf company which in thése times it could not stand. Further onin discussing the money features of the case the petition states: ‘“T'nat notwithstanding vhe said mileage allowances as aforesaid, from the 1st day of January to the 13th day of Octo- ber, 1503, the said Gulf company failed to carn the necessary moneys to meet its operating expenses, fixed charges and in- terest requirements aforesuid, by about the sum of $09,660.20; and your patitioners are of the opinion that the deflciency for the en- tire year of 1803 will not be less than the sum of §700,000,000.” After reviewing at great length the fail- ures of the Union Pacifie, Denver & Gulf company to carry out the provisions of the joint agreement” the petition, continuing, says: “Your petitioners, for the reasons herein- before stated, represent to your honors that it is inequitable and unjust” that the jownt earnings aforesaid, whizh came into the pos- session of your receivers during such joint receivership, should be divided vetween the lines of the said companies in accordance with the unjust and i?cquilubleconstrucl.ivu mileage divisions pfevailing between the said two compuuies up to the said 13th day of October, 1893.” Judge Dundy, after examining the potition and baving taken into consideration the im- possibility of the servants of the court to fulfill all the contract obligations made, an order that the election of the receivers to discontinue the terms and conditions of the said articles of agreement 1s ratified and approved by the court. It was further or- dered that the receivers cease from operat- ing the said lines and transacting the busi- ness thereof under or in accordance with any of the said acticles of agreement pro- vided the said receivers in their opinion find that the best interests of the parties re- quire the same. ‘This is what has_aroused the Denver re- ceiver to apply to Judge Hallett for a re- straining order pending the hearing of the case. Pacific Coust Passenger Business. The flat refusal of the Union Pacific to withdraw its rate of #44.50 {rom the Missouri river to the Pacific coast was not unexpected in railroad circles, where the facts are known. This rate of 244.50 from Council Bluffs was made on an agreement with the Sunta Fo aud the Southern Pacific at the time the Midwinter fair rates went into effect. The Santa Fe put in & similar rate from Kansas City and the Southern Pacitic the same rate from New Orleans. A proposition was made in the Wostern Passenger association meeting on Wednes- duy that the Union Pacific be requested to withdraw the rate in order that the §45 rate might be applied on the flat vate of 50 between St. Paul and Portland and between the Missouri river and San Francisco. But the Union Pacific could not sce the justness of the request and flatly refused to with- draw o vate as long as tho same rate was maintained by the Santa Fe and Southern Pacifie, U Pacific Graln Rate Policy. A freight omicialof the Union Pacific, when asked about the grain sivvation, said that his road did not propose to putup money for the eastern roads to make a fight against the Santa Feand other roads, re- garding the reduced rate, **We will, how- ever,” said he, “advance grain rates from Nebraska points and Council Bluffs 3 cents per 100 over Omaha rates, effective Febru- ary 12 This is done w prevent beating the rates by preventing added locals being attached,” Rallway Notes J. T. Hargis, agent of the Missouri Pacific at Dunbar, died yesterday of brain fever. The district pass agreement committee, consisting of Messrs. Dickinson, Holdrege and Burt, had a meeting yesterday. The *“low pints” met yesterday andso much oratory was indulged in that the oity ticket agents forgot what they had as- sembled for aud adjourned without doing much as to righting rate matters affecting the local market. The Chicago, St. Paul, Minneapolis & Ohio will take off trains Nos. 5 and 6, known as the Bancroft local, toda, No. 2 will leave at 2:15 p. m. instead of 1:15; No. 1 will arrive at12:20 p. m. instead of 12:40: No. 8 will arrive at 10:20 p. m. instead of 9:05 p. m. Mr. M. E. Hawley, for years past a clerk n the freight claim ofice at the Union Pa- cific headquartors, has been trausferred to the oftice of the general agent of the same company at Denver. His fellow clerks iu the freight claim office here made him the reciplent of a very beautiful ink stand and «old pen on the eve of his departure, Thurs- day, as a token of regard. He was's gen- eral favorite here and no_ doubt will also proye himself the same In Denver, ———— As a Presidentlal Possibility. NEW YORK, Feb. 8.—Hon. Thomas C. Carter, chairman of the natlonal republican committee, was asked If the northwest would present a candidate at the next republican presidential conventlon, replied the ex-congressman from the friends of ex-Senator Spooner didate who Is thorogk§ly Identified with the interosts of the wost. “His name wil no doubt receive favor- able consideration,”—added Mr. Carter, R IN RELIGIOUS CIRCLES, of Wisconsin -uunq!AMm as a_strong can- “The Young Man." A series of addresses that cannot fail to attract the attention ef young men, will be begun Sunday afterndof at the Young Men's Christian assoclation:~ The general theme to recelve attention is, /The Young Man." He will be discussed by four gontlemen well capable of analizing him, and making some remarks on his manner of life and behavior that will prove valuable, Dr. Henry speaks of the private life of a young man next Sunday. This will be a plain talk about “covered things,’ given from a doc- tor's standpoint, and will be for men only Sunday, February 11, Major Elijah Hal- ford, formerly private secretary to President Harrison, will speak of “The Young Man in Public Life.” February 18, Marcus Acheson, esq., speaks of ““The Young Man in Business Life.” February 25, Rev. J. P. D. Llw speaks of “The Young Man in Church Life The musical features of the service will be given special attention. The assoclation orchestra, under the man- agement of Mr. T. J. Pennell and leadership of Mr. Adelmann, and a large male chorus under the leadership of Mr. McGuire, will make the song service most hearty and en- Joyable. The program of the musical morrow afternoon will be Ave Marla ..iveeiieivinens fr. Haye with orchestral ac dlection . prelude to- +ivvv.. Gounod ompaniment Schlepegrell Violin Solo .. Mr. rank Adelmann, Selection.........eire o Aendelssohn Violin, plano and cello Messrs. Adelmann, Pennell and Marshall The Holy City STl veAAmE Solo by Miss Nina Marshall The bible classes meet Sunday at 9:15 a. m. and 2:30 p. m Will Furnish the Church. Since getting into their new building at Twenty-Fourth and Dodge streets, the peo- ple of the Central United Presbyterian church have gone to work most vigorously to complete the structure and furnish the bandsome auditorium. Some time ago the ladies circulated cards among the members and friends, upon which card was a pledge to earn at least $1 in an “unusual way. aside from the ordinary business pursuits. Last evening was the occasion of the ‘ex- perience social,’ in which was related in a highly entertaining manner the methods used. In song and story the tales were told, and evidently the muses had been in- dustriously cultivated, and so successfully had the pledzes been carried out that the basket held nearly $100 at the close of the entertainment. The ladies hope to .add at least as much more to their hoard to- day by the dinner and supper they are serving in the Creighton block. There will be a popular song service at the Westminster Presbyterian church Sunday at 7:30 p. m. The music will be rendered by Miss Frances Roeler, contealto; Mrs, Ford, organist; Prof.;Buetens, vio!'nist, and a chorus of female voices. It wiil consist of Largo. Dil.vvs voueeses Handel Prof. \Bactens. The Golden Threshold!... @ Miss Roeder. Violin Obligato Pulpit Ppin Rev. Newton M. Mann will preach at the Unitarian_church thissamorning on “‘Spiritual Discernment."” P The morning subject at the African Methodist church will be “A -Divine Faith.” Rev. W. A. D. Vengble will preach in the evening. g At Trinity cathedral this morning Dean Gardner will preach’ofi “Charity,” and the oftering will be devottd to the relief of the destitute. . Mrs.. Cdtton and Mr. Wilkins will_sing, “Love Diving, All (koye Excell- ing. ¥ byl sjalt : At the Second Presbyterian church Rev. Ware will preachs this.morning to Christian Endeavorers, .on“Vows for Iteligions En- gagements.”” =A’ special /' service will be given In the evening to celehrate the thir- teenth anniversary of the Christian En- deavor movement. At the First Presbyterian church Rev. J. M. Patterson will preach morning and evening. . The morning topic will be “The Purchase Price. In the even- ing the reasons assigned by young women for not attending church will be discussed. Strangers welcome. Rev. R. N. McKalg of Minnesota will conduct revival services at Trinity Method- ist church this weck. Rev, McKaig will preach this morning on “The Need of the Holy Spirit,” and in the evening he will discuss *‘Personal Responsibility.” On Mon- day night he will preach to young peo- ple on “Judge for Yourself.” Immanuel Baptist church, Kountze Place, Rev. Frank W. Foster, pastor. Sunday morning theme: “A great Light” At the conclusion of the morning services the hand of fellowship will be given to new members, and the sacrament of the Lord's Supper will be celebrated. In the evening the third of the series of “Illustrated Sermons” will be delivered, the subject being ‘“Mechanics.” The revival meetings have increased in in- terest and will be continued all this week. Everybody is invited. P GOOD WEEK'S WORK. Lohr, .Prof. Baetens ora. Ministrations of the Eighth Ward geney iRellef Soclety. During the last week the Eighth Ward Emergency Relief society has provided re- -lief for over sixty families. This inciudes the furnishing of coal, ¢lothing and provis- ions. Tt has been found necessary toobuain larger quarters, and Major Furay has kindly donated theuse of the store room at the corner of Twenty-fourth and Seward. Tho headquarters will continue as heretofore at Gurney’s drugstore. Our telephono num- ber, 1801, can be reached atany time, and weare indebted to President Yost of the Telephone company, for the contribution of same. The R. McClelland company placed five tons of coal at our disposal, most of which was sent to needy families during the week, Otber contributions were liberal. The treasurer, Mr.J. W. Furnace, with Mrs. Gurney and the secretary and a corps of ladies, are devoting all their time to the work, and the demands seem to be growing quite rapidly. 1t is hoped at the Synday meeting to per- fect arrangements by .whicn an employment department can be opened and means pro- vided by which those who have been aided in the last week can get employment and in the future maintain thmselves. Nearly every precinct has been visited by the corps of ladies, which clearly demon- strates that rolieving wants by a ‘house-to- house visitation is tha best plun that can be adopted. y Secretary Laughlin. of the Associated Charities has rendergd valuable assistance, and the soiety is co-operating with the As- sociated Charities in all its movements. The Eighth Ward fmergency Relief soci- oty will hold a meeting, at the Second Pres- byterian church, coruer of Twenty-fourth and Nicholas streets, ghis afternoon at . All members of the spgloty and all others in- terested are cordlnll.uxuvll-em ‘We particu- larly desire the prnll{m‘o of all the pastors in the ward, or near by, and also a represen- tation from all churches, ald societies, in- cluding o representation from any Knights of Labor organizations. During the woek more than sixty families were relieved. Secretary Laughbland of the Assoclated Charitiesand Superintendent Clark of Rescue hall and others are expected to be present. ere should be a general attendance of res- dents from all parts of the ward, as the labor is increasing so rapidly that it 1s nec- essary to have the assistance of more benev- olently inclined people to carry on the work. UA‘)E TTAYLOR, President, MRS, J. E. VANDERCOOK, Secretary, Citizens Rellef Committee, The citizens reliof committee met at the Commercial club yesterday and passed a resolution urging the continuance of charita- ble bureaus and especially commending the relief work of the First Congregational church. ‘I'he treasurer reported $568 in ad- ditional cash subscriptions to the charity fund. 1t was decided to refer all requisi- tions to the Associated Charities. Emer- PAID BEINDORFE T00 MUCH Oity Attorney's Opinion as to Recompense of Oity Hall Architect. BROUGHT OUT BY STILL ANOTHER BILL Aut foh Councll Committee Had Make the Contract Architect Wa Justitied Claims for Extras. No by W ority to the City Attorney Connell has submitted to the committeo on public property and build ings of the city council gihy report on the validity of the claim of C. F. Beindorf for #,055.19, balunce due him as city hall architect, and reaches the conclusion that, instead of any such amount being still due, the architect has already been overpatd and is really indebted to the city. He reaches conclusion by the following reasoning. “The plans and specifications for whe city hall, furnished by Fowler & Beindorft, and which were accopted by the city, were fur- nished in pursuance of an advertlsemont of a committee of the council,which outlined the general character of the proposed structure and provided that the committee would exe- cute an agreement with the successful com- petitor “for the customary professional compe 1on for such services as declared by the Western Association of Architects and by the American Institute of Archi- tects,” Asa matterof fact, no such agree- ment was ever made, and no such ag went could lawfully’ be executed by the committee. Uunder the exvress provisions of the charter, a contract for and on behalf of the ity can only be made by the council and mayor. On tho 19th of March, 1580, Council- man Bedford introduced a resolution, which was duly adopted by the council, requiring the architects to gi good aud sufticient bond that the building should not cost a sum in excess of the amount called for in the specitications. In pursuance of this reso- lution, ond in the sum of $50,000 u'by Fowler & Beindorff conditioned the city hall should be erccted in all respects in couformity to the plans and specilications for the sum _of $350,000. This is the only writing which I can find between the city and the architects relatiog to the construction of the city hall. MR. BEINDORFE'S CLAIM. ‘It is claimed by Mr, Beindorl® that unde the advertisement of the comuittee for plans he s entitlea to receive for architect- ural services im the erection of tue city hall 5per cent on tho costof the entire work and material without reference to the lim- itation of cost prescribed by the bond. Ac- cording to a schedule furnished Mr. Beindorfl, purporting to have b sued under the auvhority of the Ame Institute of Architects, b per cent on the ;08¢ of the work is the charge authorized for full professional services, including the su- pervision during the erection. Iam of the opinion that the schodule of charges to which reference has been made has no uppli- cation to the claim of Mr. Beindorff for three rst, no contract or authorized agres meut was ever entered into between the city and Fowler & Beindorfl prescribing the rate of colipensation. *Second, under vhe provisions of the bond of Fowler & Beindorff the limit ot cost was fixed at $350,000. “Tnird, as a matter of fact, according to the best information I can obtain, as well as from my own observation, Mr. Beindorff did not give the supervision required during the erection and completion of the city hall. “With respect to the first reason above mentioned the original bill presented to the city by Fowler & Beindor would ndicate that at tho time they presented such biil they were only entitled to receive compensa- tion on the cost as limited by the terms of their bond. The bill 18 as follows: Omaha, Neb., Sept. 10, 1889, (The Olty of Omuha, To Fowler & Beindorft, Architects, Dr. Plans, specifications sull detalls for the ‘city hall, 8% per cont on cost (8350,000). .. 812,260 “At the time of the rerdition of this bill services for proposed superintendence had not been rendered, and was therefore not in- cluded. 5 “With respect to the third reason above given [ would say that in addition to the failure of Mr. Beindorff to give the work the personul supervision required, the city at its own expense employed & superintendent for a considerable time during the construction of the building. PAID TOO MUCH ALREADY. ““The amountalready received by Mr. Bein- dorfl on ac¢count of architectural services is $18,588.63. This amount, in my opinion, is cousiderably in excess of the amount he is entitled to receive, either under the terms of his bond or under quantum meruit. “ on the theory that Mr. Bewdorft had rendered the full and satisfactory serv- ice required of him as superintendent of the work, the limit of his charge under the schedule of the American institute of Archi- tects on the cost of the building at §350,000 would be §17,500. If the provisions of the bond himiting the cost of building were to be ignored and, the claim was to stand as one on i quantum meruit, the amount already received by Mr. Beindorff, in my opinion, as already stated, is considerably 1n excess of the amount he is entitled to receive. **He now claims a balance due of #, 19, In order to make this balance he charges per cent not only ou the original contracts, but on all contracts subsequently made, in- cluding tuose for furnishings and decora- tions, as well as for changes made. For in- stance, he charges 5 per cent commission of #601.05 for painting the east wall, which was done by the authority of the mayor and coul and with reference to which he did practically nothing. The case istrueof a number of otter items for fixtures, ete. *1 do not wish to do Mr. Beindorff an in- justice, but on the contrary I would be in- clined to favor himif 1 belieyed his bill to be just. Upon a careful examiuation ani con- sideration of all the facts I am forced to the conclusion that no amount whatever is now due Mr. Beindorff, and am of the opinion that before any other payment should be made him he should be required to estub lish the correctuess of his claim for 4,055, after having received already the sum of §18,585.63. 1 am further of the opinion that @ number of just items of set-off and counter claims exist im favor of the city against claim of Mr. Bewndorfl's,” HE WAS A MONSTER. Stone, the Indiana Murderer, Confesses an Awful Crime. WASHINGTON, Ied.,, Feb, 3.—It seems that the sextuple murderer, Stoune, who is now awaiting the day of his execution at Jeffersonville prison, is o deeper-dyed viilain than was at first supvosed, if such a thing could be. His wife and children and aged father visited him ono day last week for the last time, and to his father, it is learned today, he went over the detmls of his fearful crime, relating an act of his that will wark hm among the bloodiest of human butchers. It will be re- membered that the little daughter, Ethel, survived the feartul slaugnter and was taken to & neighbor’s house. and for several days hovered between life and death, and it was on her evidence that the authorities hoped to locate the fiend, but suddenly she died, Stone, it is now ascertained, has con- fessed to his father that one day he went to his neighbor's house, and while they were at dioner in another room smothered the little girl Ethel to death, thus clearing him- solf of the living witness to his fearful crime. —_— Agency Physician Appointed. CHAMBERLAIN, 8. D,, Feb. 8.—(Spacial Telegram to The Bee.)—The position of agency physician at Lower Brule agency has been filled by the appointment of & Mary- land man, who has just arrived and taken charge, It was the belief in some quarters that Dr,” Eastman, formerly physician at Pine Ridge agency, but now a resident of St. Paul, would get this position. If he is again permitted to enter the Indian service he may be sent w Santee agency. s Desperato Horse Thief Arrested. SIOUX FALLS, S. D., Feb. 2.—(Special Telegram to The Bee.)—Dave Ducharme, the Mexican cattie rustler who has beon the terror of the Black Hills for some years, 18 agaln taking his daylight in chunks, He | tractor and was acq was arrested last spring for particivating to | A horse stealing raid, but succeeded in aping from jail at Minnesela. He has been again arrested, and vesides having four stone walls to keep him secure, there has been placed over him & strong guard. Testifies In the Co Cap CHICAGO® Feb The Coughlin case opened today, with John P. Kunzo on the nd. Tho proliminary examination of tho former defendant rolated to his birth and ly life. Determined objection from the prosecution provented an inquiry into his iife previous to his coming to Chicago. “John, when did you first meet Coughlin?" asked Judge Wing “In the fall of 1852, 1 moet Coughlin at the East Chicago strect station,” replied the little German. Labout that." 1 was workingat tho Schufeldt distillo and when the explosion there occurred Cap- tain Schaack sent for me to come to the sta- tion. There I met Coughlin in his offico and was put to work with him on tho explosion cade. That was in November or Docomber. [ saw him again in the spring of 1830 and ave him some papers and telograms. Tn answer to questions, Kunzo then stated that he had nover known Wooaruff, Cooncy or Martin Burke. Kunzo told of his arrest and was_frequently interrupted by ob- jections from the prossecution. Finally Judge Wing, for the defense, was compelled to divulge the object of his questioning. “Wo wish w show,” ho said, “that Police Captain Schuettier, the chief officer for the ntion in this ‘case, tried to get Zunze falsely.” Kunzo was then allowed to proceed, and next few sentences developed o sensa- n Case Against Dan arrest they took me over to a in the Halstead tion came to see mo sald 1 would have to swear that I drove Coughlin to the Carl- sou cottage on the night of May 4. If Isaid that, I would get off, aud if [ did not, I would be hung. That's what he said. 1 told bim I would not swear to that, and he knocked me dosn and called me a vile name.” Kunzo was asked if he w in Niemann's saloon with Cougtlin and O'Sullivan on the night of May 4. No, Iwasnot,” he replied. the south side all that night.”” The cross-cxamination failed to develop anything new, and John Piemmoring was cailed to the stand. He isa plaster con- ainted with Mrs, Hoer- tel, her husband often worked for him, He stated thut he would not believe Mrs Hoertel under oath. At the conelusion of his tes:imony court adjourned till Monda AT New York Legislature. ALBANY, N. Y., Feb. 3.—An injunction was issued by Judge Clute, county judge of Albany county, restraining Mr. Venrol, clerk of the senate, from putting Henry W. Olfert’s name on the senate roll in place of that of Senator McCarty, who was ousted from his seat by the republican members of that body. The Injunction was granted on the ground that the clerk had usurped, without authority, the office of presiding officer of the senate. It is returnable on Monday before Judge Clute in chambers. On the unseating of McCarty and several others depends the success of the republi- cans in securing members to pass meas- ures over the governor's veto. pafe e M Gave Him a Telescope. Ex-Assistant City Eugineer Grover was agreeably surprised at his residence on Bark avenue last evening by the employes of the city engineer's office, who called to preseut him with a handsomely mounted telescope as a token of the high esteem in which they held nim, and of their rogret because of the severance of the relations that had con- tinued during the twelve years that he had been connected with the oftice. A number of speechies were made, and in the recalling of reminiscences of bygone yeurs the evening was very pleasantly passed. e Dr. Mary Walker Mulcted. SYRACUSE, Feb. 8.—The trial of the ac- tion of Arthur D. Snoad for damages against Dr. Mary Walker, who caused his arrest on a charge that he murdered Christie Warden in New Hampshire and was interested in the bomb throwing in Russell Sage's office, re- sulted in a verdict in the plaintifi’s favor for 6 cents damages. “I was on STOLE HIS EMPLOYER'S WIFE Oupid with His Arrows Badly Worsted by a . Journeyman with a Ragor, FLIRTED WHILE THE BOSS WAS SHAVING Barber Hall Discovers that His Blushing Bride of a Few Months Had Lost Her Heart to n Star Boarder—Kept on Shaving. Aft ness Ellie Hall, the protty wifo of A, H who runs a barber shop at 1004 Douglas stroet, has left her husband to see tho world in company with a handsomer ‘man. At least this is the story told by the husband in the case who s astounded at the derelic- tion of his newly wedded bride. Hall has been running the barber shop for some time past and about a month ago he went Neola, Ta, and married the who has since botrayed his confl- Ellie is the daughter of a well-to-do farmer and when ler lover her blushing consent to b his wife he thought that he was ob- taining a first mortgage to an affection that would endure for years to come, and would make the little room behind the shop the scene of unalloyed don tic happine: But here was where he was short in experlence of womankind, for although the honeymoon is not yet ended his home is desolate, and he is left to ponder on the transitory na- ture of one woman's love, One barber has assisted Mr. Hall in at- tending to the wants of his customers, and it is p assistant who is alleged to be at the bottom of all the trouble. His name is Jack Southworth, and when his employer brought his wife home uthworth was in- stalled in the household in the capacity of a boarder. He fs a handsome looking fel- f French and half Italian, and be- a week had passed he had succeeded in becoming a prime favorite with the woman of the house. The husband was un- suspicious, as newly-made husbands are in- clined to be, and while Ilie darted soft glances In the direction of the star boarder her lawful spouse kept on shaving in happy unconsclousness. Friday night, could stand it no longer. own things and some of Hall's and stole away out of the back door while the hus- band was shaving a customer in the shop. They boarded a Council Bluffs motor, and in five minutes more the bridggroom of a month ago was to all intents and purpeses a widower. It did not take IHall long to understand the trick that had been played, and when he came to look through the rooms he found that the couple had not gone away without something to start house- keeping with. A set of shaving tools and various articles of clothing were charged up to profit and loss, whilethe deserted hus- band punched the tickets all around and tried hard to belleve that he had the best of the bargain. The police were notified of the disap- pearance of the couple and a grip containing some of the stolen articles was afterward found by a detective in a neighboring house, where it had been stowd away until they wanted to come after it. This leads Hall to believe that they intend to make a trip back over the river after a day or two and he is preparing to give them a warm re- ception, r less than a month of marital happl- Hall, over to woman dence, Towa won com however, the guilly couple They packed their e et Poultry Fanclers Will Meet. The next meeting of the Omaha Poultry Fanciers association will be held in the Commercial elub rooms on Monday evening, February 12, at which time several papers of interest to the faternity will be pre- sented. This association is growing rapidly and has already proved itself a controlling force 1n matters pretaining to the fino poultry interests in this county, and is ex- tending its mfluence throughout all of Nebraska and westerr Iowa. Ivery breeder of thoroughbred poultry in this city or vicinity is invited to identuify himself with this association, thereby not only supporting a worthy socicty, but re- ceiving many benefits in return. Several applications for membership have already been received by the sccretary and more are known to be on the way for action at the next meeting. All interested are in- vited to be present at that time. AMUSEME? DS [5th ° e 19th THIS ARDRRR NOON THE PRINCE OF GERMAN COMEDY THE ONLY AND ORIGINAL NIGHTS ALSO EDNESDAY MATINEE, ollity Bnough to Last Until the End of the Ccntury Crowded into One Peri 1ma. © BOYD'S iovav. ronient ~FOUR NIGHTS, COMMENCE Today, Sunday, Feb. 4. M. B, LEAVITT'S Spectacular Burlesque, SPIDER and FLY A bewlldering, beautiful exposition of the varled delights of buriesque und o COMPANY OF UNEXCELLED MERIT, Specinl SUNDAY MATINEE TODAY at2:30 Prices-First Floor, 50c, 75¢; balcony, 26¢, G0c. VENING PERFOKVANCE AT 8, os—First Floor, 0¢, 70¢, $1.00; balcony, allory, 4 554 Seats at 500 Each. Box OfMce Open All Day Sunday 0, BOY P?S e, THURSDAY, FEB. 8. Matinse Saturday. Speciul World's Falr Production of HANLON BROTHER’S FANTASMA The Most Popular and Pleasing of All Speotacular Trick Pauntomimes. Usual Prices Photographic A rt, &4 HIGH-CLASS PH)T)GRAPAY. 318, 818, 817 §». 1361 L, 0o Take Elovator. Between Farnam and Ha WANTEPI ro now rendy to mako arrangoments for f our Aat Woplioitione of €004 onek having doillngs with Stewin users prafe Address The Philip Carey Mfg. Co., 117 1o 137 Gilbert wve., Clucluuatl,