Omaha Daily Bee Newspaper, February 5, 1894, Page 2

2 REPLY T0 FRANK TRUMBULL Union Pacific Receivers Explain Why the Gulf Management is Wrong, BREACH. 1S RAPIDLY GROWING WIDER Tnterests Heing on Every Nide by the Comphny Should Oweupy at Least Neutral Groun Opposed that erland Frank Ttimbull of Unfofi Denver & Gulf system, who, by potition filed in Judge Halletf's court at Denver January 26, seeks to compel the re- ceivers of the Union Pacifie to perform cor: tain acts, will shortly find cheerful reading on his desk in the answer of Gendtal Solicitor John M. Thurston, on behwf of the receivers of the Union Pacific which iras completed last night. The petition filed by takes up the trackage agreement bet\oen Denver and Cheyenne, whereby tho ol Cul- orado Central was given trackage fucilities between the points named. It also takes up the traffic agreement of April 1, 1860 tween the Unfon Pacific and the Union Pa- eific, Denver & Gulf and asks to have the court hold that the receivers of the Union Pacific are bound to perform them “both. Broadly stated, the petition of Mr. Trufubill asks the covrt to rule that the trafic agree- nt requires the Unfon Pacific to givé the il company such a proportion of all joint rnings on exchange business as will per- mit the Gulf company to meet operating &3 penses, fixed charges and interest requiro- ments, even if it takes all the joint carnings to do 80, The answer of the Union Pacific receivéfs, which was finished last night and which Judge Thurston will present to the court Tuesday, after reciting the facts in connecy tion with the two roads, lays down the legal problem as follows: RECITES A LITTLE HISTORY. “That upon the making of sald order by the circuit court of the United States for the district of Nebraska, on the 13th day of October, 1803, the receivers therein named tered Into the possession of all the rail- way lines, properties, franchises, moneys, assets and effects whatsoever of cach and ry of the railway and other companies named in the said bill of complaint as de- fendants therein, including the Union Pacific Raflway company and the Union Pacific, Denver & Gulf Railway company, whereby the possession, management, oper- ation and use of the railway lines and prop- erties of the Union Pacific Railway company and of the Union Pacific, Denver & Guit Railway company, by and through thelr corporate organizations and officials, was suspended, and each of the said two com- panies thereby became incapacitated from further performing any of those contracts nd agreements, executory in character, the performance of which could only be met by the use and operation of the respective railway lines and properties of each of the said two compani “And your receivers submit to the court that all of the contracts in force and effect between the Union Pacific Rallway company and the Union Pacific, Denver & Gult Rail- way company prior to the receivership aforesald, and especially those certain cons tracts and arrangements set fort)y as exhibits 10 the intervening petition herein, were each of them executory in character and not so far attached to the reality of the said rail- way lines, or the use and bperationthereof, Receliver the Pacific, Receiver Trumbull w8 to run with the transfer of the possession of the same under the order of the sald cir- cuit_court of Nebraska. “And they submit to the court that lhc] receivers herein are not in any manner so far subrogated to the legal obligations and outstanding executory contracts of the Union Pacific Railway company or of the Union Pacifie, Denver & Gulf Railway company as 10 be obligated to continue the performance of the same, except 8o far as they might de- mine the same were advantageous for the .trust estato gonfided to their keeping, and as they might be directed and authorized to continue their performance by the court of their appointment.. . And-you yeceivers sub- mit that they were not and are not bound, as officers of the court, to_continuo the per- formances of any of the said rontracts so Tong as thelr said receivership shall continue; and that their use and operation of the rail- way lings ‘and properties of the Union Paci- fic Railway company is not in any manner subject tg the recognition or performance upon their part of any of the terms and con- ditions of afiy of the sald cohtracts and ar- rangements with the said Unfon Pacifie, Den- ver & Gulf Railway company referred to in the intervening petition herein.’” LITTLE CASH AVAILABLE, = “ Continuing the answer says that at the time of their appointment as receivers there did not eome. into their hands any moneys of the said Union Pacific, Denver & Gulf Railway company, and they have in their possession no moneys of the said Union Pa- cific, Denyer ‘& Gulf Railway company ex- copt .such a8 came into their possession Whilt? Were acting as receivers of:the said company, as hereinbefore stated, aris- ing from the operation of the Gulf com- pany’s lines under the recelvership, and that the eatire joint earnings--on all traffic int changed between the 1inés of the Union F cific and Gulf companies since the said 13th day of Oetober is wholly insufiicient, it it wege all apgied for that purpose, to mect the de- feloncfes in revenues of the said Union Picifle, Donver &-Gulf company as between its gross earnings and its operating expenses, fixed charges and interest requirements. Further, the recelvers upon information and belief aver that if al of the jomnt earn- ings arlsing from the interchange of busi- ness between the two companies were to be from time to time hereafter turned over 1o said Union Pacific, Denver & Gulf Railway company, or its recelver, they would be en-y inadequate and utterly fail to meet) y more than a moderate part of the de-l flciencies which the receivers are informed and verily believe will hereafter continue as hetween the gross receipts of sald Union Pacific, Denver & Gulf Rallway campangy and the operating expensos, fixed chargod! and interest requirements thereof. As to the allegation of the Guif companyi that it is entitied to all joint carnings to Jpay interest charges, etc., the answer of Lo Union Pacific reccivel as follows: * WILL MAN “And your re formation and bolief, Unton Pacific, Denver & If company's property and lines passed into the possession of the said Frank Trumbull, receiver, ho has, throug| his traffi officlals, entered into alircet and disastrous competition with the GREAT HARDSHIPS [y s further say, on ins that since " the sall Unfon Pacifie Railway company and is sepk+) ing and attempting to divert all freight Which naturally apd ordinarily in accordangy with the true: spirit and meaning of the saf1 traflic agreement would have gope over the Joint lines of the'two companios to lines of transportation in which the Unlon Pacifie Rallway company has no interest and from which it will and can derive nefther business er compensation; that sald Frank Trambull, SERIES TE FEBRUARY 5, 1894, HE B RS COUPON. " World's Fair Art Portfolio. To securo (his superb souvenir send e bring six coupons of this serics boaring difforont dates witdh J0 cents in coin to ART PORTFOLIO DEP'T, Bee Office, Omaha. T 8 18 nost ‘,..‘.,(..n'f Roquette have been cleared by the police THE OMAHA DAILY BEE: MONDAY. has already entered upon a pol- foy of rate cutting in the territory of the Union Pacific Rallyay com- pany which is most disastrous and will be most disastrous to the business of the Union Pacific Railway company; and if the contention of the sald Frank Trumbull, receiver, in his petition set forth and contained fs true, that the,Union Pa- cific Railway company and the receivers thereof are bound to pay over to the sald rank Trumbull out of the receipts of the Union Pacific from all business exchanged between the sald two companies such sums of money as may be necessary to cover all deficiencies between the gross earnings on the one hand and the operating expenses, fixed charges and interest requiremonts on the other hand of the said Gulf com thea it_will lay in the power of the said Frank Trumbull and bis traffic and manng- ing ofMcials to compel the Union Pacific { Railway company to make up to the said | Gult company all losses in revenue erising from rate cutting and rebate allowances of every kind and character it made ar granted, although the same will at the same time be inflicting serious and irreparable injuries upon the business and revenues of the Union Pacific Rallway company. The apswer states that the intervening pe- tition on the part of Mr. Trumbull is wholly improper and unauthorized, and. flatly denfes that it is the proper remedy to which he Is entitled. In the matter of the abandonment of the Julesburg branch, which has caused no end of contrs , the receivers of the Unlon Pacific justify themselves thus: AUTHORITY ON WHICH THEY ACT ““Your receivers submit that the order of the appointment by which the sald Frank Trumbull was made receiver of the railway lines and properties of sald Union Pacific, Denver & Gulf company, in specific terms requires the receivers of the Union Pacifi Railway company to surrender to the said Frank Trumbull, as receiver, the possession of all the railway lines and properties of the Union Pacific, Denver & Gulf company; and your receivers submit that in serving notice upon the said Frank Trumbull, as set forth in the exhibit attached to the said supplemental petition, they were simply complying with the said order here- tofore served upon them of the original appointrent of the sald Frank Trumbull as receiver and the requirements therein contained, that your receivers herein should surrénder to the said Frank Trumbull the possessjon of the railway lines of the Union Pacifie, Denver & Gulf company, and sour receivers submit that as to their action in the premises, electing to abandon the use of the ling of the Union Pacific, Denver & Gulf company by the trains of the Union Pa- cific Railway company between Julesburg and La Salle, there can be no possible ground of complaint on the part of the said Frank Trumbull, receiver, nor is there any contract or other right obligation with re- spect thereto which this court can be called upom to.enforce, «. “And your receivérs further respectfully submit to your honors, that neither by order gfsthis court, nor of any other court, made %y the premises, can they be required or compelled to run or operate any trains of the Union Pacific Railway company over or upon_any other railway lines or tracks than- thoss_ helonutag to said Union Pa- cific cobmpany and over which It is by a@ithority of the congress of the United Slnisgumnrkzorl and required to operate its recelver, rallwify trains, And they submit, that in electing to operate the trains of the Union Pacific Railway-company over Its own lines and not over the lines of the Union Pacific, Denver & Gulf Railway company, they are only_performing the charter obligations of the Union Pacific Railway company as con- ferred upon it by the congress of the United States, and that any other action of theirs ‘\ould result In their attempiing to exercise greater privileges and franchises than were conferred upon the Unfon Pa- cific Railway company under.its charter.” UNION PACIFIC PROTESTS. Wult Line's Overtures to the Santa Fe Not r in Good Faith. DENVER, Feb, 4.—Several conferences re- cently held by Fred Wild, jr., general freighf and passenger agent of the Denver & Gulf road, with Santa Fe officials have given rise to a rumor that the Gulf road Is about to enter into a trafic alllance with the Santa Fe. I the railway prophets are correct in thelr surmises the ' Santa Te will carry freight from. Chicago, Kansas City and other Jarge centers destined for points on the Guif lines in_ Colorado and the Gulf will reciprocate by delivering to the Santa Ie instead of the Vnion Pacific the business collected on its lines destined for the Mis- sigsippi valley, - Tinlon Pacific officials say Recefver Trum- bull’ would render himself liable to charges of violating agreements with the Union Pa cifie If he enfers into any such contracts es the Santa Ke any advantages of freight or passenger trafll NORTH RN PACIFIC'S PC TION. Tts Employes Advised that They May Strike P When They Plense. TACOMA, Wash,, I'ob. 4.—Advices from chiefs of tho féderate Northern Pacific em- ployes at St. Paiil iidicate that a strilke will bo orderdd Taegdny if there is no change in the situation by “that ‘tiie. TChe fed- erateil ‘employes’’ have been notifled from &t Paul and the order secured by ghe receivers restraining employes from striking, is, aceording to vhe best legal advigew-unconstitptionsl-and. illogal, and tha ki compan, il be whotly responsible from whatever results from any attempt to enforce it. The telegraphers who were to be cut havo not been paid, 1nd 1t is snpposed that thavo will be no- cut, provided they re- fuse to federate and remain with the cow- pany during the anticipated fight with the federated employes., W Resist Dundy's Order. A Feb. 3.—Represcntatives the various orsghigadl acific ployes in Wyubtilk have been in conferenc in Cheyenne this afternoon and tonight for th purpose of providing means to contest the tion 0f the scheduls Of wages and re comulgnied - byy dhew, recelvers, | An mniliee compbged B gne representative the “engincers, donauctors, switchmen, and telegraphers was chosen. This WL remain’ In Cheyenno and assist oys. 1t 18 not known what the form est will be, but they cxpress a de (o ‘make every rt possible to co in the order issued by pruska. of Trom firemen gommit F4he nttor L @f the pro fermination sjrevent canetrre Judge Duady in B Ready for the Knife, LONDON, Feb. A dispatch from _Paris to the Chronicle says the execution of “Vaillant will take place at 7 this morning. de la All the streets adjoining the Place and the immense crowds have been pushed _into side streets. he pollce force on duty is unprecedented. ] Postponed the - al DENVER, The sale of the Colorado Easterg voud, which was advertised for tod wand postponed o March fhe company sixieen from o' Fght cor company ot Fiduuitea 0 e Opened the SAN FRANCISCO, tional midwinter shooting festiv the ausplees of the San Iy vereln, and open to the marksmen of the world, began this afterncon at Shell Mound park, Alameda county. Over $10,000 coln prizes and many mag- nificent special ~ trophies have been hung up before the crack shots entering for @ contest. The zenfest opened thls morning with a parade. Over 500 people, led by two brass bands, joined the proces- soin. ~ All the sporting clubs of San Fran- ©elsco und many from the neighboring cities apd_towns were In attendance, though as Yot:inone of the eastern contestants or those from the morth or south ecities have arrived. — On the grounds at Shell Mound 300 people gathered to witness the shooting and take part in the pienic and festivitios. Though over $2,000 worth of shooting tickets were- sold during the day only about 100 contestants entered the flell. All the events were open for entry up to the close of the festivities, but none of the prize winners will be declared untik the ¢losing day, March 2 The shooting willscontinue tomorrow and until th trenfost. ‘The interna- 1, held under nelsco Schuetzen- " in WASHINC \ eb. Nigr, Satdf was seen this evening In relation to the state- ment that Father Hurtsell was refused a hearing by the pope, but he said ho had no Information on the subject except such as he had gathered from newspap and could ot give an opinion. REUNION OF GOLD HUNTERS Nebraska Gathering that Revives a Thrilling Story of 'Forty-Nine. PASSED THROUGH DEATH VALLEY SAFELY Tome of L. A. Richards Near Beavor City the Scene of the Meoting—Horrible Experience of the Survivors Yeurs Ago. BEAVER CITY, Neb., Feb. 4.—(Special to The Bee.)—-There met In reunion today at the home of L. A. Richards,two miles south of this city, the survivors of a perilous ex- pedition through ~Death Valley in 1849, These reunions have been faithfully kept by those who remain to tell the story of their sufferings on that awful journey. The last of thess meetings was held at Kansas City, and the place of the next meoting was fiy for the home of Mr. Richards. Those pres- ent _tdday were: Colonél John B. Colton, Kafisas City; Charles B, Mecum, Perry, Ia., apd L. A. Richards. . “Buffalo Bill" tele- graphed his regrets. that he was unable to meet with the forty-niners. The story of their sufferings is briefly told as follows: February 4, 1830, & party of thirty-four argonauts struck the head of the Santa Clara river above Los Angeles, Cal. Four months before their party con- sisted of thirty-eight members: It had started from Salt Lake City to make Its way to the gold flelds of California. The route pursued, the trials endured and the hardships encountered have become part of the history of the forty-niners. No other foot ever trod the portion of Death Valley which this pioneer band pursued. What they suffered can never be known, for those who survive only partially tell of their trials when agsembled around the anniver- sary board, Some of the remembrances are too horrible to dwell upon, and in the midst of laughter today a tear was dropped to. the memory of those who died from exhaustion and those who became insane through hunger. Of the original party of thirty-four who found the land of gold and sunshine and plenty after a tour through want and danger and starvation, only survive, as follows: Alonzo C. Galesburg, IlL; L. A. Richards, City, Neb.; Charles B. Mecum, Perry, Ia.; John B. Colton, Kansas City, Mo.; Urban B. Davidson, Derby,Wyo.; John Grosh- kop, Colto, Cal.; L. Don Stevens, San Jose, Cal.; Harrison Frans, Baker City, Ore.; Thomas Shannon, Los Gatos, Cal.; Rev. J. W. Brier and wife, Sodi City, Cal. o anniversaries are quietly celebrated er the survivors find themselves at the time. Those who can not be present at the anniversary devote the day to exer- cises at their homes, and all send letters of greeting to the associatin and through ”‘:; means the companionship is contin- ued. Clay, Beaver Burt County's Fine Record. CRAIG, Neb., Feb 4.—(Special Bee.)—Although Burt county is small in area, in the matter of production’she fis mighty and among the first. Her record for 1893 is probably not equalled in the state. The past twelve months have made a grand year for her. She went to the Nebraska state fair and captured first premium for the third consecutive time, against big op- position, and_won the $600 cash prize and gold medal. The zame display was taken to the World's fair, and there won the second premium in the national comn tition of all the counties in the United States. The total number of cars shipped was 4,000, consisting of 894 of cattle, 701 of hogs, 239 of oats, 1,102 of corn. Miscellaneous, such as hay, millet, horses, flax, poultry, etc., 991 cars. Tekamah shipped the largest number of cattle, Craig the largest number of hogs, Oakland the largest amount of -corn and Lyons the largest amount of wheat. Hogs have averaged 6 cents per pound, each car representing $1,000, and cattle averaged $4.25 per hundred. The value of the total amount of shipments was $2,194,300. The new hotel here will be completed by March 1, and has been rented to White Bros. of Fremont, who will furnish it new throughout. It will be named McKiznley. Aid of to The Ipit Desre NEBRASKA CITY, Feb, 4.—)Special to The Bee.)—Foster assembly, No. 8248, Knights of Labor, at their iast meecting adopted the followis resolution: Wherens, The great labor and soclety events are pressing to the front for soiution, and Whereas, The pulpit is one of the great edu- ors of the land; theretore bo it iResolved, That Foster Assenibly 8248, Knights of Labor, request the ministérs of No Draska City to devote nt lenst one sermon each month to these questions, with . view to uid s in corectiug socfal wrongs and uplifting ubor. s Resolyed, That a copy, of these resolutions be furnishicd to the several ministors of this city. with tho request that they answer as to thir determination. 2 The Nebraska City Starch works will soon make the experiment of substituting crude oetroloum for coal as fuel. The necessary cnunges are being made in boilers and fui- naces. Theater parties for Omaha are becoming popular. A large crowd atteuded the “Black Crook’ lst evening. Nebraska Boy Injure Kansas. ASHLAND. Neb., Feb.'1.—(Special to The Bee)—S. R. McLeran received a telegram from Atchison, Kan., stating:that his son John, who is ‘attending school there, was sandbagged and robbed last evéning and was still unconscious. Mr. McLeran left imune- diately for Atchison. Friday evening Mr. and Mrs. Laverty gave a very delightful ligh fiye party at their beautiful home and this was followed by giving a party In honor of Miss Cora Lav- erty, their sister, Saturday. evening. Both events were well attended. Miss Laverty's home is in Ord, Neb. Swift & Co. have nearly finished filling thelr mammoth ice houses in this city and soou will begin to ship feo to Kansas City. During the last year Swift & Co. shipped over 2,000 tons of ice from here. North Platto Affairs. NORTH PLATTE, Neb., Feb. 4.—(Speclal to The Bee)—Judge Neville will convene district court here and if County Attorney Snelling, who has been sérlously ill for sev- erabweeks, is able to attend to the criminal business, the session will continue until the docket 48 cleared. Nathan, the Jewish evangelist from Okla- homa, ha& been conducting a series of re- vival meetings for the past two weeks here, and has given the town such a religious shaking up as it has not experienced bofore for several years. It was found necessary to securo the opera house in which to hold services, and it has been packed to the ut- most capacity day and night. Loulsville RaNglons Services. LOUISVILLE; . Neb., Feb. 4.—(Special to The Bee)—ReveiA. J. Fleming, pastor, and Rev. Sig C. Green, an evangelist, are holding an interesting meeting at the Baptist chureh, The church is filled nightly and many are interested. Many have made pro- tessions. They closed a meoting at Manly a few days ago, and the whole section was benefited and many started on the good way The meetings will last another week. They liave engagements for a month or so. Caused Some Excltement. ARCADIA, Neb., Feb. 4.—(Special to The Beo.)—This town was crowded Friday with people from twenty miles around, whe came to see what the court would do with George Brown, who at tempted; to assault Miss Flora Simons. Much excitement prevailed, but was som what quieted when the judge bound him aver for his appearance at the next session of court In the sum of §1,000, in default of which he was taken to Ord and jatled Killed SILVER CREEK, Neb., 1.—(Speclal Telogram to The Bee.)—This afternoon,while out hunting, Tim Wilson, a boy of 16, acel- dentally shot and instantly lkilled his brother Bird, a boy of 4. Tim was care lessly carrylng his gun cocked over his shoulder when it exploded, and his brother, eleven | —— who was but a féi "Wfeps behind, recelved the charge in his neck, IT 1S GRAND JSLAND'S PRIZE. that GRAND ISLAND, Feb, 4.—(Special to The Bee.) —'The question of the location of the sixteenth anoual reunion of the Grand Army of the Republie, Department of Ne- braska, has practicsily been settled, Grand Island having expressgd, through o mass meerivg of citizons last night, that sho ex- pects to live uo wo her five years' contract, and that she expects tho party of the second part, the Grand Army of the Republic, to do the same. At the meoting last night Mayor Geddes presided and a committee of seven was appointed to make the required arrange- ments. Lincoln was after the reunion, and it 1s underscood here that it would have gone there had Grand Island thrown up her hands, Last night fire was discovered in the cupola of the Palmer house, oue of the lurgest hotels here. A bell boy applied water from a hose, but the hose leaked and the stream was too weak to do efficient bat- tle with the fismes, The fire department’s hose was soon addee agd the fire was ecasily extinguished, not, however, before a damage of $2,500 had resuited, N OF BENHAM'S RETIREMENT. Probahle Successor and the Fromo- tions it Will Cause. WASHINGTON, Feb4.—The coming re- tirement of Admiral Benham In April gives occasion for much conjecture in naval circles as to what reassignments will be made to fill the vacancies. It is commonly accepted that Admiral Stanton will go back to Brazil and the command of the South Atlantic statlon, from which he was removed for his saluto ' of Mello, It has also been supposed that Commodore Ramsay, chief of the bureau ‘of navigation, upon his promotion to the rank of admiral, would be given command of the North Atlantic sta- tion. This would be accorded him as a privi- lege, as he is considered admirably fitted for the dutles of chief of the navigation bureau. There I8 a probability, however, that he will prefer to retain his present place. In that event the probable successor to the command of the North Atlantic squadron s open to conjecture. Next to Commodore Ramsay, Commodore R. W. Meade is considered the most likely man for this command. The following resolution was offered in the house yesterday: “That the house of representatives of the United States of America regards with pleasure and satisfaction the prompt and cnergetic_action of Rear Admiral Benham on the 27th ult. in the harbor of Rio de Janeiro in the performance of his duty to protect Americans and the commerce of the United State: The president’s reception to the army and navy last evening brought another great crush to the white house. The entire lower floor of the president's home was crowded with men of the army and navy, the cabinet and diplomatic corps and the judiciary and the congress. The building was brilliantly illuminated and decorated for the occasion. The army and navy officlals and the members of the diplomatic corps were in uniform. The Marine band, under the leadership of Prof. Fancinelli, furnished the music. The' reception was held as usnal in the blue room. Orders have been isswed by the War de- partment placing Captain Edwin Zalinski on the retired list on account of disability incurred incident to the service. The case of Captain Zalinski has attracted wide- spread interest in army circles, owing to the desire manifested by him last vear to accompany the Brazilian cruisers from New York in order to operaté tho Zalinski dyna- mite guns on board of them. His e CATHOLIC PRELATES SUBPOE Bishop and Priests Will Testify in MacNamara Case, KANSAS CITY, j#eb: ;4.~Subpoenas were issued last night for Bishop Hogan, Father Dalton and Fathep Lillls to appear as wit- nesses in the trialiof ex-Priest MacNamara for the allegad slandering of Mother Rose Vincent, which will be held next Thursday. The defense in the Father Dalton case, the jury found the defendant guilty, claim which was tried last Thursday, and in which to hiave evidence that two of the jurors had declared before the trial that they would find McNamara guilty whether he was or not. . Another Jjuror it is claimed, was a nonresident and on these grounds it is said a new trial will be granted. the Revolutionnry Priest Loses His Life, CITY OF MEXICO, Feb. 4.—Father Cas- panettl, the revolutionary priest, has finally lost his life while in the act of leading forces against the government in the moun- tainous region of the state of Mexico. It will be remembered that Father Caspanetti was one of the leaders in the recent revolu- tionary movement which resulted so glori- ously in the state of Guerrero, He was captured and placed in solitay confinement in Belem prison. He was in prison only a few days when he escapced andin some unaccountable manner found refuge among Catholic sympathizers of the state of Mexico, where he quietly worked up a strong feeling against the government and organized a force of .about 100 men. With this small army he made an attack upon a hacienda in the sfate of Mexico and secured a lot of supplies. They were pursued and overtaken by a troop’ of cavalry commanded by Colonel Solin, and in the fight that fol- lowed the priest and ten of his followers were Killed. e WILL PUSH HER SUIT, 198 Pollard’s Counsel Will Show Breckin- ride No Meecy. WASHINGTON, Feb. 4.—Counsel Miss Madeline Pollard has indicated very clearly the Intention to urge a speedy trial of the suit brought by Miss Pollard against Rep- resentative W. C. P! Breckinridge of Ken- tucky for $50,000 damages, because of al- leged seduction and breach of promise. To a reporter one of her counsel said: “You can rest assurred that the case will be tried before the nominating wonvention in the de- fandant's district is held.” The case will probably be called within a tew weeks time befors Judge Bradley of the district supreme court, and Miss Pollard’s counsel say the only way in which a speedy trial can be stopped is by the defense stat- ing names of material witnesses whose at- tendance it cannot procure at this time and what it is expected to prove by their wit- nesses to the court that the interests of the country would suffer by the absence of Mr. Breckinridge from oongress. o PRESIDENT BOIE'S HEALTH, Minister Thurston Dpes eve it Will Cause Hix Repignution. WASHINGTON, /Feb.: 3.—In regard to a San Francisco dispatéh to the effect that President Dole of thg jrovislonal government of Hawall would be foreed to resign his posi- tion on wecount of ilk-hedlth, Minister Thurs- ton sald that he had no information on the subject, but from what he knew of Mr. Dole’s condition heddid not credit the re- port In the least.!vMrs Dole's health had boen poor some tiniey he said, but his illness was not of the nature mentioned in the dis- patch and would moty in. the minister's judgment, force the/president to resign. 1 FORT RILEY, Ku #eb, 4.—The body of Charles Mall, a musician of Battery L, who Qisappeared some wegks ago, was found in the Kaw river today. Aall has been twenty- olght years a soldier and {n two years would have been retired on full pay. It is be- lioved he met with foul pla: onty 4,—The silver con- Stlver Conventio WASHINGTON, Feb. vention which was to have been held at Des Molnes, Ta., February 22 and 23, has been postponed to March 21 and 22, In conzequencs of the meeting of tho Pan-Bimetallic league at San Francisco, which meeting has been previously arranged set Meetin) The Samoser association will meet this oyenlog at 8 o'clock sharp ln the new rooms, Continental block, for the transaction of important business. The executive committee will meet at 7:30 to pass on applicatious for membership. FEBRUARY 0, 189 DICK MOORE IN FAST COMPA Omaha's 01d Pavorite Has Now a Matoh on with Dan Oreedon, FOR THE MIDDLE WEIGHT CHAMPIONSHIP All Plans Are Arranged to Pull Off the Meeting Before a Boston gregation Within the Next Three Weeks, Con- BOSTON, Feb, 4.—(Special Telegram to The Bee)—An important piece of sporting news relating to the middleweight cham- plonship of America has just come to light. It appears that when Dick Moore fasued his challenge to fight any middleweight in America, it opened up negotiations with Colonel John D, Hopkins in ' behalt of Creedon, who was then ' with Jim Corbett In Florida. The nefotia- tions ended in a match being madé a week ago between Moore and Creedon. It was decided to keep the matter quiet untfl & place of meeting was found. This has now been done, and the men will meet in Boston inside of three wecks. A well known Boston sporting man went on to New York last night to meet Colonel Hopkins and settlo all the details. The meet- ing between this famous pair of middle- weights will settle the question as to which of them shall be considered the American champion of his class. Roby Cases Come on Today. HAMMOND, Ind., Feb. 4.—The cases against President Dominick O'Malley and members of the defunct Columbian Athletic association will come up for trial at the Feb- ruary term of the Lake circuit court which convenes Monday. There are twenty-nine charges of “riotons conspiracy’ against the defendants and it is thoight they will all appear for trial excepting Pugilist Martin Costello, who forfeited his bond for $4,000 in December term after being con- and sentenced to serve years in the penitentiary at Michigan City and is now in Canada, a thews has retained General Charles F. Grif- fin and Judge Olds to assist Prosecutor Me: Mahon in conducting the cases for the state, A long legal battle is expected, as the de- fense has engaged the best criminal lawyers in Chicago and Louisville. Judge Gillett of the circuit court has challenged himself and the cases will be heard before a special judge and jury. Clove OMAHA, Feb. 4.—To the Sporting Editor of The Bee: To decide a bet would you please publish the names of the men of President Cleveland’s cabinet?—F. S. M. Walter Quinton Gresham, secretary of state; John Grifiin Carlisle, secretary of the treasury; Danfel Scott Lamont, secretary of war; Richard Olney, attorney general; Wilson Shannon Bissell, postmaster general; Hi- lary A. Herbert, secretary of the navy; Hoke Smith, secretary of the interfor; Julius Ster- ling Morton, secretary of agriculture. Lightweight Champlon of Toledo. TOLEDO, Feb. 4.—About 400 spectators saw Jack Kerwin of Lima knock out John Davis of Chicago in the eighth round of a fight held near North Baltimore early this morning. The battle was to have been fought in the town, but opposition com- pelled the combatants to take to the woods. Five hundred dollars and the receipts went to tho winner, who claims the lightweight championship of the city. ‘Won by Two Laps. PARIS, Feb. 4.—The fifty Kkilometer tandem cycle race took place in the Velo- drome today between the Frenchmen, Garman brothers, and Wheeler and War- wick. The Frenchmen won by two laps. Wheeler and Warwick, however, have no pace makers, and were delayed twice by accidents. 1% Martin ldoon Defeated. CINCINNATI, Feb. 4.-—Charles Wittmer last night wrestled Martin Muldoon, brother of William Muldoon, Graeco-Roman style, best two in three. Wittmer won first fall in seventeen minutes on a double Nelson and the second in forty minutes. Kelly Will Drive from Den DENVER, Feb. 4.—John Kelly, the cele- brated driver, has signed with Dubois Bros. of Denver for the season of 1894, Directnm will be campaigned with Dubois Bros'. gtable this year. {fiand New Offer for the Mill. SEATTLE, Feb. 4—A special from Ever- ett, Ore., says the president of the Athletic club today sent a message to Brady that the elub would give $50,000 for the Corbett- Jackson fight. R e TACKLED THE WRONG T, CROWD. What Happened to & Man Who Tried to Whip & Kansas City Editor. KANSAS CITY, Feb. 8.—Uolonel W. R. Nelson, editor of the Kansas City Star, was attacked in his private offica this morning by J. J. Davenport. Davenport struck Colo- nel Nelson on the shoulder, staggering him, though the.blow wos not a heavy one. Just as soon as the blow was struck, Managing Editor Johnson and City Editor Stout inter- fered and ejected Davenport from Colonel Nelson’s ofice. He was kicked down the stairs and when he reached the bottom he drew a revolver from his overcodt pocket. Mr. Stout picked up a paper weight, but no further rouble occurred. Before he left the Star bullding he made several threats against Colonel Nelson and certain members of the Star staff. The Star has recently opposed Davenport, who will be the republican can- didate on the city ticket for mayor at tho coming election. Davenport went to the Star office this morning and wade several threats of personal violence against Coloncl Nelson if tho policy of the paper was not changed in regara to himself. Colonel Nel- on replied that e was personally responsi- blo for everyihing the paper contaied and proposed to continue his campaign against Duvenport. Ho considered Davenport, ho snid, an exponent of the spoils system ifi city government and his bogus attempts at reform were made merely for effect, and not to accomplish any reforni. . “You are a bloviating demagogue,” said lonel Nelson, “and no threats by you will prevent me from defeating your election it you become a candidate.” “Nothing protects you hairs,” said Davenport. Nover mind my eray hairs,” said the colonel, *Iam fully able to defend myself. ‘I his conversation is unprofitable, and I see no use in coutinuing it."” s Colonel Nelson started toward tho door, and us he passed Davenport the blow fol- lowea. Colonel Nelson will not bring a criminal action against Davennort. nter a P PITTSBURG, Feb. 4.—'he Window Glass Workers association, the Flint lass Workers ucion and the Amalgamated Asso- clation of Iron and Stee! Workers will send committees to Washington Lo appear beforo the senate committee in opposition to the Wilson bill. A tariff commission of manu- facturers will attend the hearings in the interest of manufacturers. i ¥. W. C. A, Kaception Tonight. The active members of the Young Women's Christian assoclation will be received by the board of directors this evening at the rooms. Two hundred and forty invitations have heen issued Dr. Somers gave a practical talk last Mon day night on “What to Do Until the Doctor comes.” Mrs. Matheson read several well chosen selections in a most happy manner - Ao Ambitious Chimney. A fire was discovered in the house owned by W. D. Chambers and occupied by J. Goerts, 2216 Douglas streot, al 6:15 last even- fug. It was caused by & defective flue aad but your gray ost, . extinguished before he department ar- rived, No loss.: Ap—— BOY BREAKS JAIL. Was Edsy Work But He s Now Locked In an Tron Coll. §. Jacobs, a boy about 14 years of age, was arrested on suspiclon. He had at the time of his arrdst a sult of clothes supposed to have been stolen. The boy's story is to the effect that he was walking down the railroad tracks and while there ho met another boy with a suit under his arm. This boy asked him If he aid not want to buy it and Jacobs replied that he did and offered the stranger 26 cents for it. The stranger said he did not like to sell the clothes so cheap, but as he had nothing to eat for two days, he con- cluded to take the quarter. Jacobs took the suit and putting it under his arm he continued his way along the track. — After a few moments he met one of his acquaint- named Hoebringer, and he asked what he had bought. He was and also “the price pald. He at once advised Jacobs to take the suit back, as he might get into some trouble about it. This the boy says he did, but the one from whom he had bought the suit had disappeared and instead he met an officer, who took him to the station. suit had disappeared and instead he met an officer, who took him to the station. He is a very bright boy and says his home is in_Lincoln, that his parents live there and that he was making his home with his sister here, She is Mrs. Atkison and lives with her husband at 220 North Fifteenth street. He was asked If his sister would go his bail. He cried and said: “I am afraid not, for they are very poor, and any way I would rather get out of it without my rel- atives knowing about the trouble.. I did not take the suit knowing it was stolen, and I don’t see how they can do anything but re- lease me in the morning.' The youngster proves, however. that he knows Lis business, not only in the clothes line, but in other ways. He is very small for ‘his age, and as he 'seemed to be a pleasant little fellow he was confined in the boys' cell. Early Saturday evehing he went to sleep, or appeared to, on one 6f the cots. Not much attention was paid to him, as it was thought his story was true and he would not attempt escape. This impression was wrong, as was afterwards demonstrated. The lower part of the door to {he boys' cell is made of soft pine and the panels are of ordinary thickness, the upper part,of them being formed of stout wire. Through this the boy watched his opportunity and early yesterday morning le commenced op- erations. Pulling the bedclothes over the cot in such a way that it might appear he was ances, Jacobs told still asleep, he lay flat on the floor and with some instrument he cut the lower right hand panel. When a good opportunity appeared he knocked out the panel and the hole thus made was large enongh to let bhim through. He crawled out and went. into the water closet. x The breaking of a panc of glass in the window would make him a free boy in the open street. Bang went the pane, and in a moment he was on the sidewal Five minutes later he was missed from the jail, and Detective Savage was sent to bring him back. This he succeeded in doing within a shor! Jacobs was then confined In an fron cage. FORCE. ovement at Crip Creek Becoming Serious. CRIPPLE CREEK, Colo,, Feb. 4.—Five hundred mmers met at Anaconda today and unanimously decided to give the mining com- panies until next Thursday morning to ac- ced@ to the demand of the miners’ union for an eight-hour and the same wages now paid for, nine nhours. A prominent union man, replving to a question, said the union would close every mine working nine-hour snifts after Thursday by force if necessary. This announcement was greeted with cheers. H. Collbran, president of the Midland Terminal Railroad company, today arranged with Contractor B, Clongh to complete the Midland road into this place in the quickest possible time. This road uow runs to within nine miles of Cripple Creek. Somo delay has beed caused by changing the gaugoe from narrow 1o standard. There will be a race for the camp between the Midland and the Florence & Cripple Creek, and both will be running trains here by next June. LRI LOCHREN WILL WAIT. Pengion . Will Not duced at Present. WASHINGTON, Feb. 4.—Commissioner of Pensions Lochren will await the decision of Judge Coxran of the district equity court on the application of Judge Long of Michi- gan for an injunction to resirain the commissioner from reducing his - pen- sion from $72 to $60 _ before ordering the suspensions of the Michigan judge's pension. The required thirty days notice was sent tp:Judge Long on January 3, and but for the injunction proceedings the pension would have been suspended yes- terday. By Judge Cockran'y order, Commis- sioner Lochren is required to appear In court tomorrow to show cause why the. in- Junction should not fssue. The court will probably decide at the time the question of issuing an injunction - To Do Away with Tribal Relatians. WASHINGTON, Feb. 4.—A plan to do away with the tribal relations of, the Okla- homa Indlans in the Quapaw agency has been approved by Representative Funston of Kan- sus. His bill would atach the lands occupied by the Quagaw, Seueca, Peoria, Miami, Ottawa, Wyandotte, Modae and Shaw- nee bands to the territory of Qklahoma as Cayuga county, would entitle the Indians to representation in the territorlal legislature and to all the rights of other citizens. It is proposed also that those of them who have taken or may take lands in severalty may have their allotments or lease them for periods of five years. The governor of the territory is Lo select the county seat of the new count dge Long’ Be Re- We could not improve tne quality if we paid double the price. DeWitt's Witch Hazel Salve is the best saive that experience can produce, or that money can bu MATRIMONIAL MISFITS. In twenly ¥ da has had but 116 divorces, In Colorado a wife was granted a decreo because her husband cut off her In Onlo a divorce was recentiy granted be- cause “the defendant pulled this plaiuif out of bed by his whiskers.” According to the statistics of Mr. Carroll D. Wright there is one divorce to every 479 murriages in the United States. ‘An Indiana applicant testified that ‘“‘my wife would not walk with me on Sundays and pulled a tuft of hair out of my head.” A Wisconsin man got a divorce because his wife kept a servant girl who spit on the fry ing pan to see if it was hot enough to Iry. A New Jersey wife got a divorce hepauso «the defendant, the husband, sleeps with o azor under his pillow to trighten the plain- i, A Tonnesseo court liberated a wife be- cause ‘‘the defendant does not wash himself, thereby causing the plaiutiff great mental anguish. 4 A Connecticut man £0% o divorce because “the defendant would not get up in the morning, vor call the plaintiff, nor do any- thing she was told.” A Michgan wife was released because the husband aid not provide the necessaries of life, sayuig “he would not work his toenails off for any woman." A New York wife was granted a divorce because her husband Lhrew the baby at hex when she hit him with the coal bucket for spitting on the stove. A Missouri divorce was once granted be- cause *the defendant goes gadding about loaving this plaintiff supnerless, or if he gets any ho has to cook it himself.” In Penusylvanja a heopecked husband was relieved from the yoke of matrimouy be cause ''the defondant struck this plaiutiff a violent blow wiih her bustle,” A New York man in petitioning for di- vorce, pleaded that ““the piaintiff would not sew on this plaintiff’s buttous, neither would sho allow him togo to fires at night,” & species of appressiou decided by the court to bo cruel and inhuman, and therofors onti- tling the plaintiff to a docr In Minnesota & decreo was given to the wife becanso “the defendant never cuts his toa neils, aud, being restless in his sleop, scratches this plaintift soveroly.” Lu California & defendant husband ‘was ad- Judged guilty of cruelty becauso he dia not provide water at his house, nefther would ho repair tha bouse o make it comfortablo A Kansas wifp was released from her hus- band bocause, as sho stated in her petition, “the defendint piiched the nose of this | plaintiff, causing it to becomo very red, thereby causing the plaintiff great pain and aneuish of mind." pu—— All Favor Atlanta. ATLANTA, ., Feb. 8.—The C: PUBIIAR tomorrow I6tters from many prominent fepubliching - and demoeats, of th Wl west must heartily approving the in el by the ity of Army of (he Republic to E 185 in thi elty. wtitution will Atlanta to the Grand hold ita annual reunion Notice to 1 AJl members of O. P, N to meet at Kaufmann's hall, Mon- v, Pebruary 5, at 8 o'clock p, m. sharp. By order of president. JOHN W. BREEN, IS i LOCAL BREVITIES. s, W. i, Adams was arrested last night for distirblng the veace. He made himself obuoxious at a Salvation army gathoring John Higgins, employed as o clork by L. Sonnenberg, 613 North Sixteenth street, has saulting Mr. Sonnenberg refused Saturday night to advance him wages. The annual meeting of Owgors association for the election of a boardof twelve directors and an advisory ard of fifty members will be held at room No, 214, New York Life building today at 9 . the Real Fstato PO O PERSONAL PARAGRAPHS, M./T. Cond of Rapid City, S. D., is in the cit . Clurence R. Vane of St. Louis_is spending aféw days with friends in Omaha. The many friends of Zach Taylor will bo plénsed to know that he has rocovered from his recent illness. Miss Edna M. Brown, 2217 Capitol avenut left yesterday morning for an extendeu visi with friends In Sioux Falls. Dr. Auderson, Presbyterian missionary from Taiwanfoo, Formosa, China, is visiting his cousin, John Guild, 8305 California street, John W. Marble, cditor of the Deadswood Independent. and J. W. Fowler, general at- torney of the Hurney Peak Tin Mining company, were visitors atThe Bee office last night. The following hotels: M. C. son, Lincoln; C. lin; W. B Nebraskans aro at the Keim and Guy Jack- R. Trover, Laugh- s, J._Jack- son, E. ! wart, B. A Shaeffer, Curtis J. Welker, O'Neill; C. B. Tomlin, Columbus; I\, M. Hanermann ahd wife, Arlingtou; J. corge, Blanchard; H. Wade Tillis, Tekaman; J. M. Fillotroun and . K. Cobb, Geneva; Tom Cook, Lincoln; T, H. Spearman, McCook; George Bradford, | St. Paul; G. W. Hanson, Fairbury. and John B Simply Awful Worst Case of Scrbfula the Doctors Ever Saw Completely Cured by HOOD'S SARSAPARILLA, “'When I was 4 or 6 years old I had a scrof- ‘ulous sore on the middle finger of my left hand, which got 8o_bad that the doctors cut the finger oif, snd Jater took oft more than half my hand. Then the sore broke out on my arm, came out on my neck and face on botr sides, nearly destroylng the sight of ono eye, also on my right arm. Doctors said it was the Worst Case of Scrofula they ever saw. 1t was simply awfal! Five years ago I began to take Iood's Barsaparilla. Gradually I found that tho sores wero begin- ning to heal. I kept on till I had taken ten bottles, ton dollars! Just think of what & that Investment! A thoa- pe; ® Yos, many thousand. Kor the past 4 years I have had no sores. Work all the Time. Before, I could do mo werk. I khow not what to say strong enough to expross my grat ftude to Hood's Sarsaparilla for my perfoct cure.” GLORGE W. TURNER, Farmer, Gale wiy, Saratoga county, N, Y, | HOOD'8 PILLS €0 not woaken, but aid digestion and tone the stomach, Try theu. 25 AMUSEMENTS. BO-YD;S THRE s 2 AGu Ty uf..“;j NONDAY, TUESDAY and WEDRESDAY, g FEB. 5, 6 and 7. A‘fegal nggrozation of pantomimlists, vocals Tysts, farceurs, dnncers and comedinns in o brand new edition of M. B. LEAVITT'S Spectacular Burlesque, SPIDER and FLY A bewildering. beautiful exy ot the varied delights of buriesaue and o COMPANY OF UNEXCELLED MERIT, s First floor, S0e, Toe, $1.00; balcouy, 500 and 76¢; gallery, o 554 Seats at 500 Each. i " THURSDAY, FEB, 8. Matinse Saturday, Epecinl World's Falr Production of HANLON | BROTHER’S FANTASMA “and Pleasing ot All lek Pantomimes. | The Most Popula; spectacular T Usunl Price: {5th STREET THEATRE | TONIGHT, The Prince of German Comedy, GUs WwWIiLLIAMS In His Groat Buccess, APRIL FOOL. MATINEE WEDNESDAY, Populur i5th STREET THEATRE "iiis PHRER NIGHTS, COMMENCING TUURSDAY, FEB. & MR. FRANK JONES, and his excollent company ln the now comedy drama, Our Gountry OCousin. Mutinge Saturday. Popula Price