Omaha Daily Bee Newspaper, February 9, 1894, Page 2

"he order amounts to nothing because the fn_fact religion place none to for of the | analyze. religious when enough has no unions to split members had This country prejudices DIFFERENT KINDS OF JUDGES “I do not wish it to be understoofl that | 1 belleve all judges to be dishonest, as we havi many honest men wearing judicial ermine, but it cannot be successfuly denied that several of the judges are conniving with tho corporations to make slaves of the free American peop 1f the employes of a rallroad company can be prevented from meeting to try to prevent their wages from being cut why cannot the owners of the rallroad be prevented from holding meetings to devise some means to reduce our wages. | 1 do not think that any one I8 expecting that Judge Dundy will isue an order to pre- vent the owners of the Union Pacific from holding meetings, and it is a poor rule that will not work both ways. The labor problem must be solved by each man him- self, and until the majority of the people are educated %0 as to cast intelligent ballots they are sure not to get much relief from the government. The sacredness of the American ballot should be carefully con- sidered by every voter and in the ballot can be found rellef from the flls of which labor complains. The liberties of the Ameri- can workingmen should be carefully guarded and I cannot see why the liberties of the Unfon Pacific employes should not be-looked after now. I think that it fs possible for the employes of the Union Pacific to have the much talked of decision modified and that the object is surely worth the effort. The men who are now having th wages reduced will ha them still further reduced if this order of the court Is allowed to stand as it is at present. All the power in the hands of the employes should now be exercised to prevent, in some le this court order from going into effe After Mr. Debs concluded about fifty the employes of th Union Pacific ca forward and joined the new organization. The followitg telegram was received by L. J. Ihm while the meeting was in pro- It wes read amid great applause, and the hearts of those present Colo,, Feb, 8, 1891.—L. J. Thm, V' wire Dundy’'s order (Signed) J. U, CORBIN, aha, N knocked out, DER'S ON DUNDY'S ORDE Bays it Must Not Go into Effect~More Far- Ren ng Than AlL Bugene V. Debs, president of the American Railway union, was asked by a Bee reporter last night what action his organization was likely to take regarding the preseat trouble on the Unfon Pacific sy n. 5 “The exccutive board of the American Raflway union,” said he, “will call a ing at some central point on the system most likely at Cheyenne, as soon as it will be convenient. The fact s I have just got on the ground and have not exactly made up what is to be done first, but all of the unions are to send delogates to this meeting. and I have requested that each delegate receive instructions from his organization so that every representative will thoroughly represent the union that sends him. What will be done at this meeting I cannot now say, as it would be mere speculation, but I am well satisfied that every move we make will be well considered and that we wiil undertake to settle our trouble, if possible, without a strike. Strikes have often been ill-advised, and we do not want to precipi- tate a strike if we can settle the trouble without, but there ara yet too many free men on the Union Pacific system to be cowed down like slaves, and when any court thinks it can make slaves of them the court is greatly mistaken. “I believe that Judge Dundy will yet be compelled to reconsider the order he has tssued and he is no doubt now inclined to get out of his present predicament the best way he can. His letter writing amounts to nothing whatever. His interpretation of my mind order still stands as befors; and Is plain enough for any man who can read the Eng- lish ~ language to interpret. ‘We will yot convinee < the court that workingmen have some rights that must be respected, and that we have the intelligence to know when a court under- takes to reduce us to slavery at the dicta- tion of a corporation. I consider Judge Dundy’s order the most farreaching of any corporation written order signed by any United States judge. It must not be allowed 0 go Into effect. I tell you it must not be tolerated, or decision after decision will be rendered just as wicked until all of our lberty will be lost. I am recelv- ing great encouragement on all sides and do not feel that we 'will lose this fight. We have right on our side and we have the courage and patriotism to stand by the right.” IN FAVOR OF THE GULF, Declsion Yesterday by the D in the U n Pacific Cases. DENVER, Feb. 8.—Judges Hallett and Riner in the United States court, made the following order this evening in regard to matters in dispute between the Union Pa- cific receivers and the receiver of the Den- ver & Gulf system: First—The amount duo from the Gulf com- pany and its constituent companies for tnter- est on bonds wecruing from July 1, 1898, to October 18, 1893, 15 a churge of 'u genoral naturo wgainst the Unlon Pacific compan: under whe contract of April 1, 1890, to which no priority or preference can'be given ut this tino, und, thorefore, 1o receivers of the Gulf company Cannot now eall on the receivers of the Union Pacific company for uny par thereof, oxcept us stated fn the uext para- graph. Sccond I auy part of tho earniyzs of the Guif compuny from July 1, 1893, 1o October 18, 1503, cunio to the hunds of the receivors of the Union Pacific company after their ap- pointuments as such recelvers, they must e count for and of the Gulf company by the Third—The on “Pacltic o Y 1ust ac nt for and ovel tho tecelvor of the GUIt compny. ander tha contract of April 1, 1890, the amount. aeeru- ing for interost on the Gulf compiny's honds and {ts constituent companies’ bonds from October 13, 1893, duaring the period for which tho recelvers of tho Unlon Pucific company held possession of the Gulf company's 11 Fourth—Interest nccraing on tha Gul pauy's bonds and on the bonds of its constit ont companies ater tho property of that com- iy piassod Lo the recolver of that compiiy, s 1 © o O o general nature agulnst the Unlon Paclfic company, to which no lority or preferenco can be given at this i H Fifth-—"Tho contract of April 1, 1890, and thy agrooments mado (n pursuance of it ram i i full force und offect, iy stated in the next par- agraph, and the recéivors of o tho com- panies parties thereto shall obs u the suld contract and agreemoent \l'l\l“'ll court sh r Judges er or direct. AIL agreements wnd stipulations in ald instruments roluting to o di- of eurnings in 4 to business inter- od botwoe onpiles wnd paymonts udo f ot trueks aud tho like ur o susponded, ure will loroafter de- tormine upon proper application what shall be Pt by elehier company to the other for and ugespect t sch watichs. eventh="This procoeding iy reforre Marsiial 'E. Johnson of Denvor, Col o i quire and report to the court whist i ou shall be puid by the recoivor of the Union 1, witic compuny to the recelvor of the ( pany, pursuant o this ordor. ] oF Uit purpose, appointed & nistor o court.” Ho shall hivvo hithority s 1o b Alstricts s may be neccssary or ey Tho Peceivers of the Fespective part los Bxhinit to him from time to time as ho require, all books, pupers, necounts ani shall iy docu- e —————————————————————— SERIES TEN FEBRUARY 0, 1894, DHR BRE R COUPON, World's Fair Art Portfolio. To secure this superb souvenir wend er biiug six coupons of this series beuring differont dates with 10 vents in coin to ART PORTFGLIO DEF'T, Bee Office, Omaha. THE OMAHA DAILY BEE! FRIDAY ments In thelr possession bearing on the quoes- | tions hereby referred to him This decision is n vietory for Recelver Trumbull. Mr. Thurston of the Union Pa- cific gave notice of an appeal. BOMEWHAT MISLEADING. ifle Const Busine: Trouble Yet. The telegram from Chicago rogarding the Union Paciflc rate question is somewhat misleading in view of the fact that the pres- ent basing rate of $15 via Portland was agreed to by the transcontinental lines on the opening of the Midwinter rates. The Unifon Pacific so far as is known, s main- taining Its rates, and will continue to do #0 until the northern lines comence to show a disposition to break away from their mooy ings, In which event the “Overland will undoubtedly be In at the death For years it has been the custo a basing rate on round-trip tickets via Port- Iand, the present round-trip rate of $65.50 being only by direct lines, $15 being added on tickets reading via Portland. For sev- eral years the basing rate was $20, but when the Midwinter fair rates went into ect $15 was fixed as the basing rate via Portland, and it Is in effect now. As to the Union Pacific being a member of the emigrant pool, the assertion is denied at headquarters, although it {s well known Mr. Lomax agreed to take ont of the hands of Peter McDonnell, the steamship agent, all_business which he regards as ‘con- trollable.” This busipess was placed in the hands of the eastorn representative of the, Rates on ¥ May Cause Unfon Pacific, Richard Ten Broeck, but when question of commissions came up, Mr. Ten Broeck demanded the same commission as would have been paid to Peter McDon- nell, but the executive committee of the emigrant organization refused to allow any commissions to the Union Pacific repre- sentative, which has raised considerable of a row In eastern railroad circles. It is this and other things which make Mr, Lomax's life not a happy one. the STATE'S DIGNITY AT STAKE. Lewelling's Reply to the Parsons Delega- tion Concerning “Katy's” Charter. TOPEKA, Feb, 8.—Governor Lewelling has written a letter to the Parsons delogation who recently came to Topeka in a special train to petition for the dismissal of the suit brought against the Missourl, Kansas & Texas rallroad by the sfate for the forfeiture of the charter of the road, The letter is ad- dressed to Hon. Lee Clark and others. The governor says: “If the facts are as the petitioner states, then neither Parsons nor the company can be injured by reason of the suit. I am dis- posed to let the court pass upon it without any interference on my part. While I am willing to take Into consideration the feel- ings and wishes of the people of Parsons and vicinity, I hope that I may be permitted to state that it s not the interest of the people of Parsons alone that is involved in this con- troversy. It is the sovereignty and dignity of the state of Kansas that are at stake. The state cannot permit corporations cre- ated by its laws and fostered and supported by its people to set its laws at defiance with impunity.” MORE TROUBLE, Things Becoming Mixed in Western Pas- Associution. CHICAGO, Feb. 8.—There was more trouble at the close of the meeting of the Western Passenger assoclation today. committee which has been considering the Canada Paclfic’s acts requested more time. The meeting then took up the merits of the $45 rating from the Missourl river to Pacific coast points, which was put into cffect about a week ago by the Union Pa- cific. A resolution was introduced for plac- ing all rates on the $15 basis, but it was de- feated after a hard struggle. The Alton and Milwaukee & St. Paul at once gave bal netice that they would accept the $15 rate from the transcontinental connec- tions .and would sell tickets accordingly, beginning - February 12, The Chicago & Northwestern immediately issued a written notice declaring its intention to put in effect the same rates, beginning tomorrow morning. #The Atchison Issued no notice, but will doubtless lose no time in putting in the rates, ROA TED RECEIVER OAKES. Colonel Pettit Accuses the Ex-President of b‘l’llll dering the Road's Cash. MILWAUKEE, Feb. 8.—Colonel Silas W. Pettit occupled the attention of the court in the Northern Pacific case today, He assailed the admiuistration of Recelver Oakes while the latter was president of the road. He said that the syndicate which acquired the Northern Paclfic & Manitoba line sold it to the Northern Pacific and cleared $1,000,000. He also sald that $9,000,000 were squandered in terminals at Seattle. In the case of the Rocky Fork & Cook City line he said the company had paid $4,000,000 for a road worth only $500,000 in order to reach a coal mine worth $200,000. Of the Seattle, Lake Shore & Eastern road, which cost thie Northern Pacific $2,000,000, Colonel Pettit sald there was only a mile and a half of the line left, the rest con- sisting of rusty iron. WILL KEEP UP THE FIGHT. Attempt to Restore Chicago-Kansas City Grain Bates Falls, KANSAS CITY, Feb. 8.—Some time since the Santa Fe inaugurated an open rate of 9 cents on wheat and 8 cents on corn, Kansas City to Chicago, the road claiming that these rates were being secretly made by the other roads. Lately the road has been taking steps to return the rates fo their original basis—25 conts on wheat and 20 cents on corn. The Santa Fe desired the other roads to cnter into an agreement to adhere: to the old rates, but they refused to do this. The fight, therefore, will be continued, and it 15 likely that It will be prolonged indefi- nioely. Conferring with Recelvers. MILWAUKEE, Feb. 8.—A conference be- en the employes and receivers of the Northern Pacific road in regard to the re- cent cut in wages is now in progress at the St. Charles hotel. The workmen are repre- sented by delogates from every railroad o ganization, including Chief Arthur of the Brotherhood of Locomotive Engineers, Chief Sargent of the firemen and Grand Chief Ramsey of the railway telegraphers. The men are.making their argument today., The conference promises to last through the day and may be continued tomorrow. The Sentinel tomorrow will say that the Northern Pacific recelvers have determined to accept the modified wage schedule asked for by the employes today. It is believed the whole matter will be settled By tomorrow evening, and practically everything the men asked for will be granied Decided Against the Rallroad. ST. PAUL, Feb. 8.—Au Important decision was handed down In the district court to- day, Judge Brill Anding a deelsion in the caso of tho Great Northern & Manitoba raflway against the city of St. Paul and others, in which he decides that the city 15 the owner of lower Broadway and that it may build the Broadway bridge upon the proper condenmation proceedings being had, 1 The fourth big bridge across the river may now be finished. Will Use Its Own Depot, LOUIS, Feb, §.—~The Chicago, Burling- ton & Quincy rallread has oeially an- nounced 1ts intention of running all its trains into its own depot here at Second and Mullanphy streets, and this depot has been accordingly enlarged. It s now be- lieved the Burlington and the lines coming into the ety over the Missourl and Mis- sissippl bridges will remain independent of the Union depot company. ST Mueting of the T unk Lines. NEW YORK, Feb. 8.—A speclal meoting of the Trunk Line assoclition was held here today. The proposition and agreement pre- pared at a recent meetiug of the freight agents, without reference to the establish- ment of w unifarn freight rate for all lines in the Truuk Line association, was consid- ered, but no tiual action taken. -~ Oue word describes it, “perfection,” We re- I for 1o De Witt's Witch Hazel Salve, cures | piles The | IS WORTHY OF EMULATION British Naval Officers at Rio Asked to Follow Benham's Example, PRAISE FOR THE AMERICAN ADMIRAL English Ship Owners Demand that Thelr Forces In Brazillan Waters Follow in His Footsteps—Words of Comm: dation from a High Ofcial. LONDON, Feb. 8.—Secretary Bertie of the foreign office, representing the earl of Rose- bery, secretary of state for foreign affairs, received a deputation of British ship owners today, who urged that the British com- mander at Rio de Janeiro be Instructed to see that all British vessels were enabled to discharge their cargoes at the wharves with- out molestation. The deputation of British ship owners spoke in the warmest man- ner possible of the spirited action of Rear Admiral _Benham of the United States navy, Who, they sald, set an example to the naval commanders of all foreign nations in freeing jn such a brilliant manner the American ships at Rio de Janeiro of the obnoxious restrictions imposed on them by the insurgents of Brazil. N Secretary Bertle in reply said the secre- tary of state for foreign affairs would see if it was possible to instruct the British com- mander as requested by the delegates. Finally, Secretary Bertle, referring to the action of Admiral Benham, warmly praised the American admiral for the stand he had taken, saying he had evidently brought about the desired end, and he had success- fully accomplished what his more cautious colleagues shrank from doing. WANT HIM REMOVED. Stringent Measures Asked to Be Taken Against the Governor of the Cameroons. BERLIN, Feb. 8.—In the Reichstag today, during the discussion of the colonial esti- mates, Prince Arenberg demanded the re- moval and punishment of Governor Lelst of the Cameroons colony, who, the prince sald, had disgraced the German name in the Cameroons. Dr. Kiisar, director of the colonial department, said that if accounts received in Berlin from the Cameroons, charged the governor with flogging women, were true, Governor Leist would be severely punished.” Dr. Kaisar added that a com- mission had already been dispatched to the Cameroons in order to inquire into the af- fair. Herr Bebel denounced the despotism of Governor Leist in vigorous terms, declaring nothing_within the decade had excited such universal indignation as the flogging of women by the German official. Later Dr. Kaisar admitted that the Da- homeyans had been bought, but, he added, the government immediately ordered - their release. The Tageblatt publishes a letter from the Cameroons, dated January 4. It gives the details of the recent troubles and says only two rebels were hanged. It said it was feared the Dahomeyans remaining in the bush would cause further trouble. The revolt, the writer said, had undone a year's work. It was impossible to hop®=Tor the prosperity of the colony until the present incapable regime was abolished und replaced by men who were able to cope with a dif- fleult situation. A letter from Windhoereck, dated Decem- ber 27, says that the military oporations against Witboer were without any appreci- able sign of success. SILVER IN INDIA, There Is No Immediate Prospect of Favor- able Le; Inlnl‘m LONDON, Feb. §.—In an interview with the principal submauager of the: principal bank doing business with India today in re- gard to the silver situation and prospective legislation, the latter said that the directors of the bank were ignorant of any prospective legislation, and asserted that the general be- lief is that the government cannot take measures, or even propose them, with any prospect of success until the silver market is steadler. The submanager also said that he thought it probable that at the present price the Indians would resume making purchases of silver for hoarding. Nothing was known, he asserted, concerning the probable reopen- ing of the Indian mints. The drop of rupee paper today was in all one-half. A representative of the Asso- ciated press, in an interview this afternoon with a high official of the India office, was told that the government did not contem- plate any further silver legislation at pres- ent. In conclusion the India office official made the following significant statement: ““Speculation in which America is interested, which is sending silver to the Indian mar- Ket, will probably result in some heavy failures before long. EIGHT LIVES LO\T, Tug Blown Up Off Vancouver Island and Her Whole Crew Kllled. VANCOUVER, B. C., Feb. 8.—Word has reached here of the destruction of the tug Estello by an explosion and the 10ss of the entire crew, numbering eight person: The oxplosion occurred last Sunday near Camp- bell river, in the northern part of Vancouver island. The Estelle was owned in Nanimo and was valued at $26,000. HONDURAN REBELS SUCCESSFUL. They Drive Back a Force Sent Against Them and Kill the Leader. SAN SALVADOR, Feb. 8,—Vasquez broke General Guiterrez' lines yesterday afternoon. All efforts to dislodge the Honduras rebels proved ineffectual. \ Colonel Marion, commanding the forces sent on the rebels on the Atlantic coast, has been defeated. He was killed and a number of men also. Lost ut Se VICTORIA, B. C., Feb, 6.—The steamer Estelle is supposed to have been wrocked oft Campbell, but there is yet no clue, save the fact of floating wreckage ana chopped feed. and a life boat bearing the name Estello being found in the water. She was on her way, with eight men on board, including the captain, to Haalams, o logging camp on the Campbell river, which sho should have reached Sunday night. Reports from Nana- imo say there was an explosion on board on February 4, but tho feeling here is that she was lost in the tide rips, near where the Standard went down two vears ago. The stelle was new and cost $30,000. No nows ;un( been received and no survivors heard rom. Russians Liked the Kalser's Words. ST. PETERSBURG, Feb. 8,—The Novoe Vremya and other newspapers comment upon Bmperor William's speech at the recent par- liamentary banauet at Berlin and appear to be greatly pleased with it. The speech ap- great satisfaction St. Petersburg - generally. The Novoe Vremya says that the forcible uttemances of the emperor did great servica to the econo- mic welfare of Germany and expresses the opinion that it was also the cause of main- tainiug the peace of Europe, which, accord- ng o the paper, Is sorely in need of quiet- ude in order to pursue the tusk of develop- ing its prosperity, France Does Not Like It. LONDON, Feb. 8.—A dispatch to the Times from Parls says that the Russo-German treaty has caused a general depression in Prance, where sentiment Is mixed with pure economics in view of the Croustadt and Toulon receptions. The French public thought that Russia would quarrel with the Driebund and that she would be the irrecon- cilable enemy of the nation hostile fo IPrance. Some of the papers, the Times dispatch says, are already accusing Russia of betraylng France. " % for General Kitéhener. LONDON, Feb. 8.—General Kitchener, sirdar of the Egyptian army, and Mr. Scott, judiclal advisor of the khedive, have each been made knight commander of the Order of St. Michael and 8t. George (K. C. M. G.). General Ritchener recently took exception o some criticlsms,imade by the young khedive and resigned, his command. = The Kkhedive apologized ' wnd the general was in- duced to withdraw his_resignation. From the Graye of Lafayette, PARIS, Feb. 8- h¢'soctety of the Daugh- ters of the Ameriean-Republic of San Fran- clsco recently asked the French government, through the Frmu;x}(-nu..n at San Franclsco, for a few ounces of earth from the grave of General Lafayetteinfo which they intended to plant a tree of:liberty. The French gov- ernment has acceded to the request of the ladies, and the mintster of the interior, M. Raynal, today had a box filled with earth from the grave of General Lafayette. The box was sealed with the arms of the City of Paris and will be forwarded to San Fran- clsco. French Surprised in West Africa. PARIS, Feb. 8.—A dispatch recelved here from the governor of Senegal states that a French flying column fs reported to been surprised by the Tauroges near Tim- buctoo. No further details are glven. It is stated that as a result of the fight near Timbuctoo, several French officers are missing. Unofficial advices say the engage- ment was severe and the French loss was considerable. On Their Way to Rio. PERNAMBUCO, Feb. 8—The submarine torpedo Destroyer and five of the latest tor- pedo boats which have arrived here from jermany have left for the south. It Is be- lieved the vessels are bound for Bahla, where they will join the rest of President Peixoto's fleet, preparatory to moving in force on Rio. At trin's Unes LONDON, eb. A dispatch to the Chronicle from Vienna says a meeting of 3,000 unemployed was broken up by the po- lice. The disturbance among the people is considerable. According to reliable esti- mates there are 350,000 out of employment in the country Didn't Mean to Annex It. PARIS, Feb. 8—The Temps, referring to the dispatches from Slerra Leone which state that the French have annexed the town of Halfcavaly, near the Liberian frontier, says that the French entered the city owing to an error, and that they will retire. ploye Religious Riots in Indin. BOMBAY, Feb. 8.—Serious religious riots have occurred at Vrok, 100 miles northeast of this city. Hindoo temples and Moham- medan mosques were destroyed and several persons were killed and injured. The trouble was quelled by the military. Caused rplus. PARIS, Feb. 8.—The customs returns of the government for January show a surplus of 20,000,000 francs. This is due to heavy imports of cereals in expectancy of increased duties. e Private Bank in EnglandZSuspends. LONDON, Feb. 8.—The London & Nofth- western bank has suspended. It is a small private concern, with a capital of £25,000. On the South American Rock. LIVERPOOL, Feb. §.—Batter, Stocks & Co,, traders with South American countries, DRESDEN, Feb.' 8.—<The king of Saxony is suffering from g serious hemorrhage of the bladder. Coglagg e IRRIGATION CONVENTION. Committees AK‘nfluu-(l'—Tllule Who Wil Speak—Othen, Features. Arrangements have: been completed for the coming interstate frrigation convention. The following corfimittées were sclected at the Commercial clyb yégdterday: Arrangements—W. N. Nason chairman, Buclid Martin, Colonel,Champion S. Chase, H. F. Cady and FJ/C:Ayers Reception—Major, ~ Clarkson ~ chairman, George H. Payne, Dt. Georgé L. Miller, C. C. Turner and Chris, Hartmaa. Credentials—W, ;A. L. Gibbon chalrman, E. S. Montgomery, C. C. George: nance—Dan -, Fageil, _Jr., Thomas Swobe, George W.. Kelly, Wiley and A. T. Rector. Executive—J, E. Emery of Lawrence, Kan., A. W. Stubbs, Garden City, Kan., J. K. Wright of Junction City, B. A. MeAllis- ter of Omaba, R. Harding of Wichita, J. E. Frost of Topeka, Prof. Robert Hay of Junc- tion City, G. W. Clements of Wichita, Thomas Knight of Kansas City, Alston Ellis of Fort Collins, Colo, The following speakers will deliver ad- dresses on the subject of irrigation before the convention: Mayor Bemis, E. R. Mapes, president of the Interstate Irrigation assoclation; W. A. L. Gibon, J. L. Bristow, secretary of the as- sociation; Major J. W. Powell, director of the United States geological survey; Major Willets, ex-assistant secretary of agricul- ture; Colonel Hinton of Washington, Wil- llam" Smythe of the Irrigation Age, J. 8. Emery, national lecturer; Alston Elifs, pres- ident of the State Agricultural college at Fort Collins, Colo.,; Colonel C. S. Chase, Senator Manderson, George H. Pegram, chief engineer of the Union Pacific system, and Colonel Archie C .Fisk of Denver, commis- sioner of immigration of Colorado. . Delegations from the following states and teritories will attend: Montana, New Mex- ico, North and South Dakota, Nebraska, Colorado, Wyoming, Kansas, Oklahoma, Texas, Missouri and fowa. The representa- tion will be based as follow Each state can send members of congress, governors and ten delegates. Cities are entitled to four delegates, in- cluding mayors. Counties, four delegates, including county clerks. Colleges, four delegates, including presi- dents. Members of logislatures and rail- way officials are entitled to representation. The address of welcome will be delivered by Mayor Bemis. Response by President E. R. Moses. W. A. L. Gibbon, president of tie Commercial club, will follow with a brief talk, and ex-Mayor Chase will speak upon the subject of “Duties of Cities in the Development of Irrigation.” An effort will be made to secure reduced rates on all the rallways. A large attend- an is anticipated. The convention. will be called to order at 10 a. m. on March 21, and continue in ses- sion for two days, The affair will be under the auspices of the Commerclal club. —————— Death of E. E. Whitmore. Mr. Harry P. Whitmore received a tele- gram yesterday announcing the death of his brother, E. E. Whitmore, at San An- tonlo, Tex. For years Mr. Whitmore was a resident of Omaha, haying been &onnected with Boyd's Opera ‘house as treasurer, and for one year was dssociated with Manager Thomas F, Boyd |d tanager of the old house that stood af, Kifteenth and Farnam streets. After his retirement from theatrical life he became intbrestéd with J. A. Wood in the liquor bushifbsy, 'but 1 nealth com- pelled a severancg/ of, his relations with Omaha affairs and,he, removed to San An- tonlo two years agosoDuring his life as treasurer at Boydig ) Mr. Whitmore made many warm friends in theatrical circles, and he knew morl well known stars than any man in the westorm section of the coun- try. What disposislon ‘will be' made of the remains is not knoww, but the deceased was a member of the/Bt: Louis Crematory so- clety and his bodysailbiprobably be inciner- ated, which was hiscwish. Edward B. Whitmwrel was the founder of the Omaha lodge of Elks and one of its charter members. Ho was also a member of Union Pacific counell of the Royal Arca- num, in which he was in good standing at the time of his death. chairman, S. L. Traln Robber Sentenced. CLINTON, Tenn., Fev, 8.—Fred Gerding, who attempted to hold up a Kuoxville & Ohio express train racently, was today con- victed and seatenced (o prison for two vears. His accomplice, Will Smith, was killed by officers who wero on the traln at the tume. ———— s Damages for a False Arrest, Judge Blair and twelve jurors are now wrestling with the issue In the case of Charles M. Bachmann against Policeman Brady and his bondsmen. The plaintiff is seeking to recover the sum of $1,000 damages as the result of aun arrestwhich took place a couple of yeass ago. Wa FEBRUARY 9 YAY HAVE THE HAMSACKERS | Oedar Rapids Trying to Break Into Presis, dent Dave Rowe's League, TALKING ABOUT HAVING TWELVE CLUBS Admission of Joliet and the Tows Town Will Make It Up—saratoga Announces the Nominations for the 1g Season. CEDAR RAPIDS, Ta., Feb. 8.—(Speclal to The Bee.)—Cedar Rapids may yet become a member of the new Western Base Ball as- soclation. For several days there has been a good deal of quiet work going on, and as a result several moneyed men of the city Who are interested in the national game have expressed their willingoess to sub- scribe liberally toward the support of a team during the coming season. W. S. Me- Caull, a member of the schedule committee and one of the promotors of the league,writ- ing from Des Moines, has assured the Cedar Rapids people that if they desire admission to the league, Joliet will also be taken in and the league made one of twelve clubs. As a result @ meeting will probably be held in a few days and a temporary organization formed, after which the matter will be pushed for all there is in it. There will be another meeting of the league at Des Moines February 20, and Cedar Rapids will no doubt have a representative at that meeting. Those who are interesting themselves in the movement here are of the opinion that Des Moines will not have a club and that the league will be an eight-club one after all. This city maintained a club in the Tllinois- Iowa league for two seasons and has always been consiired one of the best ball towns in the state. The grounds where the ball park is now located have been sccured for another year, and as the park is already in fairly good shape, this city could go into the league at comparatively small expense. SARATO NOMINATIONS, idates for the Coming *eason. NEW YORK, Feb. §.—The Saratoga Racing assoclation. today announces the nominations to stake races. All the events have filled remarkably well and are rich in promise for great racing at the famous water- ing place this year. The'wealthiest and most noted owners in the country are among the nominators, and the most famous colors on the American turf will be sported at the meeting. Morris Daly, the copper king, has endowed the “Biter Root” stakes for 2-year-olds, named after his famous Montana stud. It is guaranteed worth $5,000. The stakes for 2-year-olds are: The Flash stakes, at halt a mile; the Bitter Root Stud stakes, five furlongs; the Ken- tucky stakes, five and a half furlongs; the Bankers stakes, five furlongs; the Mc- Grathinia Stud stakes, five furlongs; the Sal- vator stakes, five and a half fur- longs; the Belle Meade Stud stakes, six_ furlongs; the Grand Julian stakes, six furlongs; the Hurricane, Stud stakes, five furlongs; the California stakes, five furlongs; the Melbourne Stud stakes, seven furlongs; G. H. Mumm Cham- pagne handicap, five furlongs. The stakes for 3-year-olds are: Iroquois, one mile; the Foxhall stakes, mile and a furlong; the Travers stakes, mile and a quarter; the United States Hotel stakes, seven furlongs. The stakes for all ages are: Canadian stakes, at one mile and three-sixteenths; Fos- ter stakes, mile and an elgith; the Montana stakes, one mile; Merchants stakes, mile and a furlong; the Spencer handicap, mile and a quarter; the Sca Foam stakes, five and one- half furlongs; the Albany stakes, six fur- longs; the Morrisey stakes, one mile; toe Moot and Chadron stakes, one mile. For hurdlers and steeplechasers: Okolona Steeplechase stakes, short course, about one mile and three quarters; “the Van Tassel and Kear- ney stakes, the short steeplechase course; the Balston stakes, two miles over elght hurdles; the Beverwick Steeplechase stakes, full steeplechase course. Announce The ale of Trotting Stock. NEW YORK, Feb. $.—The sale of trotting stock at the American institute took place yesterday before a thoroughly representa- tive crowd of owners, breeders and trainers of trotting horses. Summary of the leading sales: Property of W. C. Orbitt, San Mateo, Cal.; Haze Wilkes, by Guy Wilkes-Blanche; W. S. Hobart, San Francisco, $5,500. Una Wilkes, by Guy Wilkes-Blanche; O. P. Foster, Providence, $3,400, Sabina, by Sabel Wilkes-Eva; J. Leonard, Mont Clajre, N. J., $2,000. Nellte “Aldine, by Wilkes Boy-Josie King; John H. Schultz, Parkville, L. 1., $3,500. Kin Corret, by Wilkes Boy-Kincora; W. Garlock, Buffalo, $3,500. Chicago's New Race Track. CHICAGO, Feb. §.—Chicago Is to have a new race traok. It will be located on the West Side outside of the city limits. The ground has been secured and work will be commenced at once. It will be known as the Chicago Falr Grounds association. It is claimed that there will be racing on the track only thirty days cach year. The peo- ple behind the scheme decline to allow their names to be made public No Racing on the Gloucester Track. PHILADELPHIA, Feb. 8.—"“You can state positively as coming from me that there will be no racing on the Gloucester ‘Thompson, “Of course,I, as well greit many horse owners who have horses quartered here, would like to see racing, but I do not care to have any trouble with the authorities." Samson DETROIT, Feb. S8.—Samson, the strong man, who is playing an engagement here, announces that he has decided to challenge Corbett for a fight. Samson strikes a 3,000~ pound blow. He says he is willing Corbett should striko him, but that he would surely break Corbett’s arm or disable him. He states he will %o in tralning to perfect his sparring. i Stansbury and Caudauk. VANCOUVER, B. C. Feb. 8.—Negotia- tions are now in progress for a race be- tween Stansbury of Australia and Juke Gau- daur of Orilla, Ont., to be held on Burrard Islet this summer for the championship of tho world. Stansbury's trainer is now hore and expects important news by the steamer Arawa, L le Club, STROMSBURG, Neb,, Feb. 8.—(Special to The Bee)—The Stromsburg Athletio club gave Its annual entertainment at the opera | Columb: house last night. The program was well ren- dered and highly appreclated by all present Stromsburg feels justly proud of the talent displayed by the local amateurs, Time. Donaghue, the Donaghue's Two-Mil ST. JOHNS, Feb., 8.—doe champlon amateur skater, gave a two-mile exhibition In Victorfa rink last night in the presence of a large crowd. His time was 6:47. This is forty seconds longer than his own record time. Great Drop in Value ST. LOUIS, Feb. 8.—King Cadmus, the once celebrated runner for which “Pitts- | ¢ burg Phil” at one time refused $100,000, was put up for sale today by his owner, “Old Man' Brennan, but failed to bring $100.’ Solly Smith Beaten. CHICAGO, Feb, 8.—At the Bmpire the- ater last night Solly Smith boxed with Plim- | business men of th mer. The bout was entirely friendly. Plimmer bested Smith, being in much better Dan Daly Wins in the Thivd, C ST. LOUIS, Feb. 8. Me., and Frank Zacker, a local pugilist, last night fought to a fiuish for & purse of §100 and a side bet. Zacker was knocked out in the third round. West superior Wants It. ST SUPERIOR, Wis, Feb. 8.—W. B. W theran church, streets, has tendered his resignation race track this year," said Prof. William J. [ , evening. Sunday, February 11, and on occasions when there is no other supply. ruary 18, preach. city. pervisors of that city and has been on the governor's Colonel at condition and quicker, too. Rulow, onall) - Wisehard, Clarkson; A. J. Bolster, Dan Daly of Bangor, | T. M rill, Carroll; M. Stuart, Blair; A, H. Wherry, Pawnee City; P, wite, Frank Beyschlag, Fremont; J. Reld, Nebraska Honnessey has received a letter from Parson Davies, manager for Peter Jackson, in which the Parson says he will entertain a proposi tion from this city it accompanied by an agreement to Insure protection from the authorities. A company will be formed o offer a purse and secure the coming Corbett- Jackson fight L 'y Forever. VALPARAISO, Ind., Feb. 8.—Judge Crum- packer, attorney for the Roby Athletic club, returned from Chicago tonight. Ho was there in consultation with the club in regard to an appeal to the supreme _court. He said that Costello was not in Chicago and was not llable to return and go to the peniten- tiary to save his bondsmen. Judge Gillett says that the Roby club is defunct and will &l no more exhibitions. All the talk of the Corbett-Jackson fight coming off at Crown Point Is done to effect the trials ot the Roby crowd, - BOARD OF EDUCATION. Will Seek to Mandamus the City Council to Make the School Levy Asked F At o special meeting of the Board of Edu- cation last evening action was taken toward obtaining & mandamus to compel the city council to make the levy for sehool purposes according to the estimate of the board. Bids were acted on for the lease of the Izard school site, the pur- chase of the old Hartman building and for heating the Hickory school. On recommendation of the committee, the lease of the Izard sito was awarded to the C. W. Hull company for 851 per year for five years. Under tne conditions of the bia, the fot will be brought to erade by the board. The other bidders were J. L. Black, W. M. Dodge and L. R. Roberts, The offer of B. M. Carmichael of $150 for the Hartman building was accepted on con- dition that the bidder remove the materials within ninety day: There was only one bid for the job of niov- ing the Lathrop annex to the Sherman school. und thut was rejected and the secre- tary instructed to readvertise. On recommendation of the committee on buildings and property the bill of Theodore Heuck for §0.59 for plumbing at the Frank- lin school was ordered returned to him. Tt med that the work was done with- out authority from the board. A resolution was adopted directing the secretary to order nut coal for all the steam plants and Walnut_block for the Smead, Fuller & Warren aud other hot air furn: The bond of the Fuller & Warren pany for its cont ory school was ordered returned, and a com- munication from the company's attorney threatening lezal steps was placed on file, The bond was returned because the com- pany had failed to compiy with a request from the board for a change in some of the specifications in the contract, The bid of John Rowe & Co. for heating the Hickory school building by indirect radiation was accepted. The contract price 15 §2,510. Colonel Akin introduced the following resolution, which wus unanimously adopted: Resolved, That the attorney of this board beand is hereby fnstructed toat once com- mence an action of mandamus, orother proper actidn, against the mayor and the clty council of the city of Or to compel them to levy the umount of tax necessary to ralse tho money called for in the estimato of this board in accordance with the terms of the statute in such cuses made and provided. 1n explanation of his action Colonel Akin said that the resolution was not to be taken as an indication of iil will towards the city council, It was simplya question whether the city council knew better than the board what was necessary for the educational terests of the city. The board had been hampered by the refusal of the council to make the required levy a year ago and mnow it was trying to,do the same thing again. It was time that the boara found out whether it had a right to exercise 1ts own judgment or not. The secretary was instructed to advertise for bids for grading the Izard site to the established grade. Miss Sadie Ryan of Des Moines applied for a position as teacher and was referred to the superintendent of schools. e st CURRENT TOPIC CLUB. Rights of a Mayor Discussed by a Lawyer and an Editor. The regular meeting of the Current Topic club this evening promises to be one of unusual interest in view of the subject which Is up for discussion. The subject is: “Is it Ever Allowable for an Executive Of- ficer to Exercise His Discretion in the En- forcement of a Law?" To those who have kept track of certain sermons which have been delivered by an Omaha minister during the past month, it is unnecessary to explain the support of this question. The discussion will be carried on by Mr. Edward Resewater upon the affirma- tiev and Judge McCulloch on the negative. There is room for a great deal of argument on either side of the question and the de- baters have decided views upon the ques- tion. The meeting promises to be a de- cidedly interesting one. The meeting will be held at the Young Men's Christian assoclation building and om- everybody is Invited to attend. —_——— WEATHER FORECASTS., It Will Be Fair. but Deeldedly Colder in Nebraska Today. WASHINGTON, Feb. 8.—Forecasts for Fri- day: For Nebraska and South Dakota—Gen- eraily fair: decidedly colder; north winds. For Towa and Missouri—Fair, preceded by rain or snow in eastern portion in early morning; decidedly colder; north winds. ———— Dr Detw r Resigns. Detweiler, who for the past elghteen Mark's Lu- Burdette and at Wodnesday Dr. months has been pastor of St. Twenty-first and meeting of the congregation evening the same was accepted. The doctor's successor has not yet been secured, but steps looking to this end will be taken at an early day. In the meantimé thore will be regular services morning and Rev. Dr. Kuhns will preach on On Sunday, Feb- Rev. Barnitz of Des Moines will Dr. Detweller is temporarily absent from the city, but as yet has not accepted any pastorate. His family is still in Omaha and his future movements are undetermined. Lol ganiall PERSONA AGRAIHS, Dell Akin of Atkinson Is at the Merchants. A. H. Marshall of Chadron is at the Mercer €. C. King and wife of Emerson are at the Paxton, M. L. Millard. Hon, Millard. £ Dosia Grace of Norfolk is registered at the Millard. Collector J. B. North went to his home in yesterday. F. W. Sears of Ravenna reglistered at the Mercer last evening. Guy A. Lang and wifo of North mig of Howells fs stopping at the L. D. Richards of Fremont is at the Platte are guests at the Paxton, W. E. Reed of Madison, law partuer of Senator Allen, s at the Mercer. M. Crow of Hastings left his autograph on the Arcade register last evening. George Keck of Kearney left his autograph on the Paxton reglster last evening. Mr. A. J. Vierling and W. M. Dodge left for Boston yesterday afternoon to attend the national conve from tion of bullders as dolegates the Omaha Builders and Traders ex- hange. Hon. P. B. Russell of Denver Is in the He is a member of the Hoard of Su- staft for the past six years. Russell is accompanied by Messrs. and J. F. Sperry, prominent young Queen City, skans are registered ‘oorhees, Lincoln; . Paul, Lincoln; John A. York; If Pender; A. % Peck, Geneva; D. Cass, Norfolk; W. 8. Me D. Haddock, Clarks; K. 8 W. L. The th following hotels: K Plerce; W. L. 1. McHiram, and C. Hall, Mead; George J. Reynolds and Norfolk; J. A. Kehoe, Platte Center; B. Davenport, Norfolk; Theodore Nebraska City; 8§ Jity. ct for heating the Hick- | Shinn, ., l INCOME TAX CAN'T REACH 'EM Some Balaries that Will Suffer Little from the Proposed Law, PRESIDENT AND SUPREME COURT EXEMPT deral Constitution Forbids the Cutting of the Salaries of Theso High OMclaly During Thelr Tenure of Office Other Washington Notes. WASHINGTON, Feb, the federal constitution compensation of the States supreme court ished durir stitution also compensation One provides clause of that the justices of the United shall not be dimine their terms of office. The con- declares that the president's shall not be Increased or diminished during his term In view of these constitutional provisions an inquiry has arisen as to the power of con- B s to make an Income tax applicable to these high officers of the government. The Inquiry intd this question has developed some |nteresting information, the tenor ot which s that the president and Judiclary would be exempt from paying the tax February 16, Chief Justice Taney ot the supreme court wrote a carefully pre- pared letter to Secretary Chase, which is on file among the records of the clerk of the supreme court. The chief justice called at- tentfon to the clau of the constitution referred to, and said of the income tax: “The act in question as you interpret it, diminishes the compensation of every Judge per cent, and if it an be di- minished to the extent by the me of a tax it may in the same way be reduced from time to time at the pleasure of the legislat The judiciary is one of the three great departments of the govern- ment, created and established by the consti- tution. Its duties and powers are specific- ally set forth and are of a character that require it to be perfectly independent of the other two departments. In order to place it beyond the reach and even above sus- picion of any suc influence the power to reduce their compensation is expressly with- held from congress and excepted from their powers of legislation. Upon these grounds I regard an act of congress, retaining in the treasury a portion of the compensation of the judges, as unconstitutional and void. “All of the judges of the supreme court have an interest in the question, and could not, therefore, undertake to decide it. I am, however, willing to leave it in- ferred from my silence that I admit the right of the legislature to diminish in thi or any other mode the compensation of the judges when once fixed by the law; and my silence would naturally, perhaps necessarily, wed Aw uo souadsdnbow sv uodn payool oq in the power claimed and exercised under this act of congress, and would be regarded as a precedent, establishing the principles that the legislature may at its pleasu regulate the salaries of the judges of the courts of the United States and may reduce their compensation whenever congress may think proper.” Chief Justice Taney’s letter seems to have had its effect, for after the war when Wil- liam Richardson, now chief justice of the court of claims, was the secretary of t treasury there was refunded the money which had been withheld from the salaries of the judiciary uhider the income tax. “Fantasma,” an old friend in the way of theatrical entertainments, began an engage- ment at Boyd's last evening, playing to the capacity of the house. So much new mate- rial has been added to this clever show of Hanlon Bros. that it came almost like a new candidate for public favor, althongh many of the best of the old tricks have been retained. The spectacular trick pautomime has delighted thousands of the young and old of the land, and it seems to have been given a new lease of life since last seen in Omaha. In its new garb “Fantasma” comes about as near perfection as possible. the bewilderine tricks aud effec- tive tableauy, with just enough aramatic incident to keep up the interest of the story, making a wonaerfully effective performance. The scemery throughoud is entirely new and the transfor fons rival those of the best spectacular per- formances ot the past. Therearea great many innovatious introduced, the electrio dance of Miss Etta Lyons being particularly begutiful and graceful. Pico, the faitbiul, is in the capable hands of Mr. F. X. Zeitner, who, while not as easy as was George H. Adams in the part of the clown, gives a very acceptable rendition of the role. On the whole the company is quite acceptable, and “Fauntasma” renewed her hold upon the Omaha public in a manner that left little to | be desired. “Our Country Cousin® at Fifteenth Street. “Our Country Cousin," a play of the har- vest ficlds and life *\lown on the furm,” was the attraction last evening at the F nth Street theater, Frank Jones apvearing in the part of Jason Wheatly, the country bumpkin, who turns out to be considerable of & man withal. The play is in four acts and deals with the loves and ambitions of the people who give life to the comedy drama, with here and therea ‘shady" character introducad 4s & measure of contrast. Tho piay is well staged, some of the sets beinz particularly effectivo. Frank Jones makes an ideal farmer and has excellent support in tho person of Lilllan Waiton as Jason's sweetheart. One of the hits of the ovening was made by Frank Young, whosé dancing has not boen excelled on the'local stage. The company was ade- quate. | Four Nights |{Commencing THURSDAY, FEB. 8. Matinse Saturday. Epeclal World's Falr Production of HANLON BROTHER’S : FANTASMA The Most Popuiar and Pleasing of All Epevtacular Trick Pantoniimes. Usual Pricos. BOYD’S wAVOURNE KN Mon., Tues. and Wednes.: Feb. 12,13, 14 ThoGroat Singing Comediun, CHAUNCEY OLCOTT, Supporied by Augustus Pllou's Company. in thelr wuccosstul comedy-dri . MAVOURNEEN ensup and Horace Townsend, oland from 1774 to 1784 By George H Soene laid i “Mavourneen’ 18 the play tn which W. J. Sanlan, the famous Irish nibustrel, made the success of Lis Tife, Box-sheets open P 554 Seats at 500 Ench. 165th STREET THEATRE/ ‘i TONIGHT, MR. FRANK JONES, and his excellent company In the new comedy driffua, Our Country Cousin. Matinee Saturday. 165th STREET THEATRE!"*¢:i%: 4 niglite commenelng o0 Web. 11th. ABBOTY AND TILLOYSON'S COMEDY COMPANY, Jin th towt Laughing Succons. “NIOBR” ALL LAUGHTER-NO TEARS Matineo Wednesday. Saturday morning at usual