Omaha Daily Bee Newspaper, February 10, 1894, Page 2

THE OMAHA DAILY BEE: $XTURDAY. N0 PRACTICAL DIFFERENCE Solicitor Thurston Says Gulf Case Decision Will Not Change Methods of Operation, VITAL PRINCIPLE OF LAW IS INVOLVED s Especinlly Objected To—His dge Riner's - Holding In dule Matter—Conflict with Caldwell, — Thurston re- afternoon. Solicitor John M Denver yesterday General turned from He had beon in the camp ot the cnemy, and although not having suffered any bodily harm, @ o worried look' when the rail- road man of The Bee intimated that things had not seemingly gone well with the legal opartment of the Overland system Judge Thurston remerked that he had not prospered as well as he had anticipated, but { thougnt the conflict had just begun, Speak ing of the order made by Judges Hallett and Riner, Mr. Thurston said: “The Gulf ovder would be perfectly satis factory were it not for the gencral holding that the traffic and trac agreements, except as moditied by the court, are binding upon and must be observed by the receivers of the Union Pacific. The court holds the Union Pacific is not bound to make provision for the payment of interest coupons on_ the Gulf bonds and on that proposition it held with us. “Tne court further held that the division of joint_earnings on business interchanged will not be made according to the provisions of the contract, but_each party will be al- lowed what is just and fair for the service performed. This holding is what we con- tended for, and on such a busis of division we would be well sutisfica to continue the operation of the Julesburg branch, OINTS ORJES 2D TO. ters which we do object to in the decision are: First, the weneral holding that the traftic and trackage agreements are force. excapt us modified as above stated ; second. that the court requires the receivers to pay over to the Gulf receiver the balance, if any, of the earnings of tho Gulf company from duly 1 to October 13, 1503; third, that the rcceivers shall pay that proportion of interest on the Gulf bonds aceruing during the period of the joint receivership, from October 13 to Deceniber 18, 186 “Ldo not think it makes any great prac- tical difference with the receivers of the Union Pacificwhether these three holdings “The t) which we, object stand or not, for I believe it wyl be found on an_accounting that 0 moneys of the Gulf company came into the hands of the receivers for the period from July 1 to October 13, 1893, and I think the balance in the hands of the reccivers arjs- ing from their operation of the road fr October 13 to December 18, 3, will prob: bly be suflicient to meet the requiroments of the court. And I know of no hardship or in- justico which would be likelv to fall upon the Union Pacific if the contracts in other respects are to bo observed. “But there is 4 legal question involved on which I believe wo are right, and 1 toink Judge Dundy’s holdine that the performance of the traftic and trackage agreements are suspended by operation of law durmg the coutinuince of the receivership will e ulti- | matoly affirmed.” As to the oracr made by Judge Riner on the wage schedule Judge Thurston was: re- ticent, although hoe tinally said: It seems to me that the holdipg is in dieet conflict, uot only with Judge Dundy's order, but with Circuiv Judge ell's order in the North- ern Pacific case.” m it o SIDER I'T BUNCOMBE, Discuss th Unlon Pacifig ORici Uadges Halfott and Riner. While_ considerably hard bit over the de- cisfon of Judges Hailett and Riner Thursday at Denver, Union Pacific officials were not inclined to admit that the order made by Judge Hallett was far-reaching enough in its character to warrant any loss of sleep or any change in the present manipulation of the system, The order, as handed down by Judge Hal- lett, Is regarded at headquarters as bun- combe and the higher powers assert that the circuit court, where undoubtedly these questions should have been begun, will take some of the wind out of Judge Hallett's salls, The complete decislon in the Gulf case which is published in The Bee, when anal- od, does not compel the Union Paclfic to pay the interest which Recefver Trumbull of the Gulf company sought to compel the Union Pacific to pay. The decision finds the contract of 1890 valid, to which the Unlon Pacific objects, and upon this decision Judge Thurston, in order to sccure a speedier remedy, filed a motion for a rehear- ing, at the same time appealing from thg decree. As to the sixth proposition, wherein the court asserts that it will hereafter “deter- mine upon proper application what shall be paid by either company to the other for and in respect to such matters,” it is esti; iated at headquarters that it takes two parties to ngree to a modification of contract, and that Judge Hallett, so far the recelvers of the Unfon Pacific are concerned, will wait n long time before he is asked to decide what each company should have to pay to the other. The fifth Order of proposition fn Judges Hallett and Riner's decision makes 1t impossible for the Unioh Pacific to abandon the Jules- burg branch, which it gave notice it would do February 4, but which it was restrained from doing by Judge Hallett. But the feel- ing at headquarters is that this will be set aside by the circuit court when the matter comes up before Justices Brewer, Caldwell and Sanborn. Judge Dillon, it is rumored, has been wired to consult Goveruor Hoadley, as government counsel, o request one or both of the eir- cult judges to hear the questions as vitally affecting the government interests. A to the denlal of the petition for a new wage schedule, Judges Riner and Hallott ad- nit that “it Is necessary to the proper and onomigal management of the, properly now under the control of the receivers to adopt und maintain rules, regulations and schedule governing the conduct, employment and e: tablishing the wages of all persons employed in the service of the receivers in and about the management and conduct of the business in relation to these railroads,” hut they sug- Kest that the recelvers in adopting new tules give the employes a chance to be heard, which, It s asserted at headquarters, was contemplated, In view of the fact that the new sehiedule was not 1o become offecive un ul March 1. In this matter Judge Thurston will prob- ubly pursue the same course as in the Gult case, asking the circuit judges, through gov- ernment counsel, to take up the question that the property may be operated upon the economical basis mapped out by the re- celvers The receivera who are in New York SERIES TEN. FEBRUARY 10, 1894, W A G B COUPON. World's Fair Art, Portfolio. 1o secul send or bring this b souvenir oupons of this serles Leaving different dates with 10 cents in colu to ART PORTFOLIO DEP'T, Bee Office, Omaha. will_be joined by President Clark today at the called meeting at 36 Wall street, where all these questions and others of vital importan-e to the system will undoubtedly be gone over. Judge Dillon and Governor Hoadley will, it is understood, be asked to be present at the meeting today that some decisive action may be taken whereby the government and the bondholders may be protected from operating what is regarded in railroad circles as a rulhous road. on Pacifle Receivers to Removo nver Shops to ¢ There seems to be little doubt that the Unfon Pacific management would have re- moved the Denver offices of the company to Cheyenne and completely abandoned the shops In the Colorado capital had not Judge Hallett in his order of Thursday put his foot down upon the question of any breach of the contract of April, 1890, It s pretty well Kknown that the receivers of the Union cific, feeling somewhat sore over the treat- ment accorded them by the Union Pacifie, Denver & Guif, had determined to deal the Gulf people a blow that would have bee felt for many moons to come and the aban- donment of the shops and the transfer of the offices to Cheyenne was regarded as a master stroke of policy that could not but embarrass that company. Under existing conditions the Union Pacific will be co pelled to operate, not only the Julesburg ne, but operate the shops at Denver and maintain the offices as well A well known railroad man who has been through a half dozen receiverships intimated that the Unfon Pacific receivers were a bit too vacillating to please hin He bolieved in the policy of fighting for the rights clearly vested in them by the courts and suggested that they ought to carry the war into Colo- rado by resigning as ancillary receivers and demanding that the property be turned over to the receivers in Nebraska, giving a deed of trust for the same to protect the bond and stockholders, The resignation of the vers would release the bondsmen and all the receivers would have to do would be to dismiss from service all employes of the company in Colorado and hire them over without' prejudice at wages which they con- sidered best. This, the gentleman thought, would be an effective way of “‘doing’ Judge Hallett, as his jurisdiction extended only over Colorado. He thought a mistake was made in pot commencing action for regeivers in the cir- cuit court of the United States and continu- ing in that ccurt, which had higher powers than the district court. WILL SELL THE KAD S CENTRAL. Union Paclfiec Preparing to Dispense with a rolitless Branch Line. Following closcly upon the heels of Judge Hallétu's order, holding that tne Union Pa- cific must do certain things whether the re- ceivers like it or not, comes the rumor that tho Kansas Central, a part of the Union Pa- cific system running between Leavenworth and Miltonvale, Kan., a distance of 168 miles, will shortly be disintegrated to the extent of being fired out of the sisterhood of roads which make up the Union Pacific system. Tne road has been a deaa weight on the Union Pacific for a number of years, and has cost the system a cool humdred thousand a year to keep up equipment and pay fixed charges. In_ flush times this could be done without much difficulty, but the falling off carnings last year to' the tune of nearly 000,000 caused the officials to look avound for heads that might be lopped off without any great detriment to the system, and 1t is learned the recervers have about decided to allow foreclosure vroceedings to be insti- tuted, a separate roceiver to be apnointed pending foreclosure, T'he road 18 capit ing 6 per cent inte October, the orig ized for £1,848,000, draw- st, payable in April and 1 trustess being Sidney Dillon and_Frederick L. Ames. ‘Tho legil representatives of the mortgage have been consalted and have, 1t is understood, given their consent to foreclosure, the bonds in this case being nearly all owned by the Union Pacifi ‘'he road isat present operated under trafiic agreement with the Rock Island and brings the Union Pacific little or no busi- ness. It would bea valuable adjunct to cither the Missouri Pacific or the Rock Island and it is thought woula sell for the bonded debt and pay something on the stock. The meeting of receivers today in New York will probably settle the matter in favor of foreclosure proceedings. THAT WGANN RESOLUTION, Discussion Yesterday by the Hause Judic- ary Committee- No Action Taken, WASHINGTON, Feb. 9.—The McGann res- olution for an investigation of Judge Jenkins in enjoining the employes of the Northern Pacific from striking was disoussed by the house judiciary committee, bug went over without action. The resolution had been re- ferred to a subcommittee, composed of Rep- resentatives Boatner and Terry, democrats, and Stone, republican. Stone had not been ablo to consider the matter and the other two members being unable to agree upon a course of action, returned the bill to the whole committee. In the discussion in full committee, which lasted for an hour, differences of opinion were clicited. ~ Some members thought that 1o showing had been made which called for an investigation; others thought the com- mittee should proceed to investigate the case, while a third shade of opinion suggested that the resolution should be returned to the house and a vote taken there as to whether any Investigation should be made. No charges of corruption have been made against Judge Jenklins, nor is there any ex- plicit charges that he was influenced by im- proper motives in issuing the injunction. In the resolution calling for the investiga- tion, which the committee on labor recom- mended, the fact of the injunction s set forth and the contention is made that it was illegal and unprecedented, and an in- ference with the plain rights of citizens. ED THE € REOPEN S| Rock Island Backs Water o the Canadian Pucific Proposition. CHICAGO, Ieb. 9.—(Special to The Bee.) —Tne Chicago, Rock Island & Pacific rvail- way officials have decided that thoy will no longer offer to become parties to an agree. ment which shall allow the Canadian Pacific road 4 per cent of the California business in licu of differontials claimed by the latter, Such a proposition, made by wostern roads, 15 now pending for aceoptance or rejection by tho Canadian Pacitie. 1t was believed that 1ts acceptanco would go a long way toward vestoring harmony and peace in tho trans- coutinental passenger rate sicuation, but now 1t appears the Rock Island withdraws from the proposition, arguing that under no crcumstances can the Canadiau road have its_aifferentials recognized in the territory otween Chicago and tho Missouri river or St. Paul. The Rock Island’s position is that the adian Pacific Is not eantitled to any ornia business from this territory. n the northern lines ageeed to ullow the Canadian Pacitic to apply shprt-line rates to California and gavo it an all-rail route to Son - Francisco via the Great Northern and Shasta rou it got all to which, in the Rock Island’s view, it is entitled. Thus a transcontinental passenger rate war Is looming again Marting Out Surveyors. TOPEKA, Feb, .- ‘The execut commit- tco of the Gulf & Interstate Railroad com- any is holding & weeting this aftornoon 1n its vooms in the Oftce block. The purpose of the weeting is to completo arrangemonts for sending a party of engineers to Galveston to begiu work. A, €. Titus of Ottawa will be here this ovening, and will be started out at once in churge of @ corps of surveyors. A member of tho commitiee says the company has con- wracted to have eighteen miles of grading done ut Galveston by May 15, and says the work wiil bo pushed through at once, The executive committe es it will also make arvingemonts for commencing work i Nobraska and for presenting the purvoses of the company to the farmers of western Kansus. Judge Wool KEOKUK, la., L—~The Union Pacific rallway receivers appeared before, Judge Woolson of the federal court today and Sought to have put in force in lowa un order similar to that of Judge Dundy relative to the wage schedule. Judge Woolson de- ctined to put tho full order n force for the reason that none of the lowa employes had struck and woro not in court. However, he afirmed that the employes aro now employes of the receivers. The employes, the judge held, may quit tho receivers’ servico, but not in such manner as to interfere with the operation of the road. The judge resorves to any employe the right to come juto court and have the case investigated., IGRANT BUSINESS. Storm Raised In the Western Passenger As- fation by the Union Pacifie. CHICAGO, Fob. 0.—~1The adyisory commit- tee of the Western Passenger association emigration clearing house had a long session today with General Passenger Agent Lom® of the Union Pacific and the result was unsatisfactory all around, The Union Pacific demanded thab the associa- tion lines pay its emigrant agents in Now York the same cominissions as paid the agents of the association. At the samo time it refused to cooperate with the clearing bouse, The association lines said thay would pay no commissions unless the Union Pacific worked in with the clear- ing house. Then the Union Pacific nounced its determination to route all its business over the Northwestern and Alton, irrespective of the agreement of the associa- tion lines, to which these two lines party. The Northwestern, in particular, hav- ing a traflic with the Union Pacific, is placed in o peeuliar position by this ation. Its agreement with the ns- sociation and its agreemont with the Union Pacific are opposed. If it adheres to one it cannot to the other. The association lines at once demanded of whe Northwestern whether ic would accept its proportion of the business us allotted by the clearing house or handle the Union Pacific business. Its representatve satd he could not tell. [v unce its decision in a aay or two. ug adjourned with nothing accom- The me plished. Net_earnings of the Atchison for Decom- ber, 1803, were £80.000, the fixea charges £001,000, making a deficit for the month of $121,000. Gave Way to the Me MILWAUKEE, Feb. 0.—The recelvers of the Northern Pacific and the representatives of the men employed on the system have come to an understanding. The receivers will modify the order reducing wages and concede, in fact, most of the points made by the men. Nothing will be made public con- cerning the settlement. Mr. Oakes says until Judge Jenkins has passed upon it to make it public would be contempt of court. The railway men will remain in the city until they receive the formal order, which cannot be issued until Judge Jenkins returns from Chicago tomors row. The men were opposed to a strike and modified their demand so as to avoid a con- flict. Made Poor Witnesses. CHICAGO, Feb. 9.—President Newell of the Lake Shore and Chairman Blanchard of the Central Traffic association were before the federal grand jury and were Interrogated regarding the alleged violations of the inter- state commerce law. Mr. Blanchard was asked to tell what he knew about the cutting of freight rates during the last two or three months by eastern lines, but the jury re- ceived little information from him. Mr. Newell was questioned on the same point, but his examination was cut short by the adjournment until Tuesday. He told no more than Mr. Blanchard, Unfortunate St. Clair ¢ ounty. KANSAS CITY, Feb. 9.—Judgments were rendered in the United States cicuit court today against unfortunate St. Clair county for $240,000 in favor of Michael Goldrick and for $66,000 in favor of Joseph N. Gouglass, There are still standing against St. Clair county unsatisfled judgments amounting to nearly §750,000 incurred on bonds issued for the building of the Tebo & Neosho railroad, which was never built. It fs claimed that tho plan which is to be ‘followed to secure payment is to keep the members of the county court in -jail and starve the county into submission. ‘Will Support the North and South Road. ARKANSAS CITY, Feb. 9.—Judge H. M. Dake, vice president, and Buffalo Jones, a director of the Gulf & Interstate railroad, addressed a mass meeting of businegs men in this city last night In the interest of that road. At the close of the meeting resolu- tions were adopted pledging substantial sup- port for the road. London Bondholders Take Action, LONDON, Feb. 9.—A circular will be issucd to the holders of Lrie railroad bonds by the English association of the bond owners. 'This circular does not accept the proposition of the New York bondholders and recommends _the original plan of a 5 per cent blanket mortgage. Opposition Not Withdra LONDON, Feb, 9.—The Financlal News denies that the opposition in London to the Erie reorganization scheme has been with- drawn. Mr. Robson, it says, is forming a voting trust. Railway Notes, Vice President and General Manager Pot- ter of the Terminal company has gone to St. Louis to consult with General Manager Doddridge of the Missouri Pacific as to the new viaduct whizh it is proposed to build in Omaha to connect the two systems. The Burlington, Cedar Rapids & Northern conductors say that Chief Ayers is travel- ing on a pass that has a place for a photo- graph, but his has none, and in the circle, whefe the .photograph is expected to be pasted, are the words: ‘No photograph needed—the homeliest man in lowa.” Tho officers and employes of the Chicago, Milwaukee & St. Paul railroad will establish hospitals along the line of that road. The hospitals will be for the exclusive use of the sick and disabled employes of the company. It is currently reported that Marion will so- cure one of these heneficent homes. Con- tributions will be made by the employes for the support of these institutions, according to the salarles received, the contribution to be deducted from the wages by the paying officer and turned over to the hospital fund. H. B. Kooser, contracting frelght agent of the Union Pacific, leaves today on an ideal pleasure trip of six weeks, accom- panied by Ed Allen of Allen Bros. and H. C. Dinkins, freight agent of the Santa Fe. At Kansas City the party will be joined by General Agent Keene of the Baltimore & Ohlo. The party will go from St. Louis to El Paso via the Santa Fe, then to the City of Mexico via the Mexican Central; from there to Vera Cruz by the International and by boat to Coatzacoalcos and up the river, taking the Mexican Southern a long distance inland via Pueblo, then to the City of Mexico and home, The passenger train and engine men of the Chicago Great Western railroad will take unto their trains a_ substantial, well loaded quietus for all bandits who attempt to stop thelr progress through the country. The United States Express company is to furnish and control these firearms and will give them out and collect them as they do their regu- lar busin It will be the duty of con- ductors to sce that firearms held by engine men are exchanged at those polgts where en- glnes are changed, and representatives of the United States Express company are in- structed to call upon train and engine men for their firearms at train terminals, and where train men are exchanged all firearms will be turned over to the relieving crew. S Was Well Treated Here. Tina Peterson, whose case was described A few weeks ago In The Bee, 1s now in a hospital In Des Moines. She said there that she had been thrown out of the Paes- byterian hospital In this city a few woeks ago before recovering from her illness. Her story led the hospital authorities at Des Moines to send some inquiries to Omaha The truth Is that the girl left the hospital here of her own accord and so suddenly that the matron did not learn her reasons for going. She afterward said to Police Matron Cummmings that she was treated well at the hospital, but got tired staying there. She expected at Des Molnes to find 4 home with her sister, but the latter would have nothing to do with her on learn- ing the cause of her sickness and being forced to apply to a hospital there, It is sup: posed she made such allegations concerning her treatment here in order to create sym- pathy. RULED AGAINST THE BISHOP Justioe Spencer fonig Third Time Settlos the Morgan Ciroular Matter. [Rae— FATHER CORBETT §CORES A POINT Father Loughran's Testimony Completed ~Little of General Interest Developed During the Day—Attorneys for the De- fenso Seek td Foroe the State. LINCOLN, Feb. 9.—(Special to The Bee.)— The Bonacum trial commenced its fourth day before Judge Spencer this morning, but the large crowd which filled the court room was disappointed it they expected to listen to any new and sensational developments. The attorneys immediately renewed the con- tention of yesterday as to the printed cir- cular which had been distributed by Editor Morgan at Palmyra. Yesterday forenoon the court ruled that the eircular should not be admitted in evidence. In the afternoon he reversed his ruling and admitted the cir- cular. At the time Attorney Sawyer asked permission to present some new authorities, and he was given permission. This morning he appeared with a load of law books from which he read liberal extracts, consuming nearly the entire forenoon session. The deputy county attorney made a brief and mphatic reply, and the court announced that he wouid adliere to his ruling of yester- day afternoon and admit the circular. Shortly before noon Father Loughran was placed on the stand in order that he might finish the testimony began yesterday even- ing. His direct examination brought out no new facts bearing upon the controversy. After the noon recess he was subjected to a searching cross-examination by Mr. Sawyer. The most important testimony drawn from the witness was to the effect that he was the bishop’s private secretary and chancellor of the diocese and that he accompanied Bishop Bonacum when the latter was col- lecting the evidence to sustain the charges made against Father Corbett. It was be- cause of his efforts to collect this evidence that the bishop informed the witness that he (Bonacum) was too prejudiced against Corbett to conduct the trial. Testifying as to the effects of suspicion Father Lough- ran said that a suspended priest became a professional vagabond. He was deprived of his living and was deterred from making a livelihood in any other way, as long as he retained his connection with the church. He was compelled to subsist entirely upon the alms of the people. He could not officiate as a priest in any other diocese. The witness testified that Father Walsh had been suspended by the diocese of St. Louis and that he was at the present time living off the charity of the people of Lin- coln. He asserted that when a priest is suspended in one diocese he is suspended the world over, and to prove his testimony on this point the witness read lengthy ex- tracts from an authority on canonical law. Suspension cannot be local. A priest sus- pended in one diocese cannot secure rein- statement by the bishop of another diocese, but must apply to thesbishop inflicting the suspension. A suspended priest has the right to appeal to the archbishop of the province in.which he'is located or to the pope. Father Loughran’s testimony being com- plete the state presentdd a large number of citations from canonical law, showing that prior to the sitting of:the Council of Trent there was no such thing as suspension of an ecclesiastical’ officer* except in pursuance of a former trial, but at that council sus- pensfon on private: infdrmation was author- ized to meet exigendies:then existing. Since that time suspensions' on private informa- tion have been permitted, but mnot with general approval, and _only upon certain urgent conditions. :Even then the suspen- sion must be from the absolutely priestly function and from. benefits ar jurisdiction. Attorney Snell. then: renewed his motion that the court compel the state to elect whether it proposes to base its charges of libel upon the original lettor written to Editor Morgan, or upon the copy printed and circulated by.'the latter. The court over- ruled the motion and took an adjournment until tomorrow morning. i WORKED DURING THE STORM. es at Lincoln Go Through a Number of House LINCOLN, Feb. 9.—(Special to The Bee.) —An extensive party of thieves took ad- vantage of the storm which raged at Lin- coln last night to ply their trade with con- siderable success. © Among the places en- tered were Humphrey Bros.’ hardware store, where they rifled the cash drawer of about $10, L. G. M. Baldwin’s shoe. store, where they carried away an overcoat belonging to a clerk and two pair of shoes, Baker's cloth- ing store where they secured but $1.50, and Wallingford & Shamp's warehouse where all they found to their liking wa¥ six bushels of corn. As yet the police have no clew to the men who perpetrated the burglaries, but they are keeping closé watch of a number of suspicious characters. In federal court today Judge Dundy en- tered up judgments against Richard Out- calt, cashier of the €apital National bank, in two cases brought by the receiver. One of the judgments was for $58,091 and the other for $32,428.69. The suits were brought to recover upon promissory notes to the bank signed by Outealt and to collect the assessment of the stock held in his name, D. W. Smith, the postmaster of Lyons, arrested yesterday for failing to deposit government funds as required by the federal law, was permitted to return to his own home to await trial, upon his own recognizance. The present session of the federal court is nearly through with the business on the docket. The jury was discharged today, and before leaving for thelr homes they pre- sented the bailits with several tokens of good will. % Talk. 2 LYONS, Neb., (Special to The Bee.)—The third annual meeting of the Burt county farmers institute met here yesterday at the Grand Army hall. President R. N. Day called the meeting to order. The fol- lowing topics © were discussed: *‘Home Adornment,” T. W. Parker; “Small Fruit, R. N. Day; “Farm Economics,” Hon. R. I\ Jones; “Apple Orchards,” Prof. Fred W. Card, State university. t the evening session A. J. White read an interesting paper on ‘“‘How Shall We Iuterest Our Boys and Glrls.”” This paper was followed by @n ipstructive lecture by Charles G. Steela 'gf Norfolk on the “'Sug Industry of Nebrakka and Other Countrie The lecturer took grdat pains to show the importance of thisymew industry. He said Nebraska should begame one of the greatest sugar producers in Jn.u world. Demise of un Aged Ashland Woman.- ASHLAND, Neb,) Feb, 9.—(Speciat to The Bee.)—Mrs. Laura & Brush died at the home of her son, L. R. Bragh, in this city yester- day, aged 80, The deceased came to Ashland in 1864, Her husband died here in 1876, She was one of the charter members of the First Baptist church anid’ Was esteemed very highly by all who Khéw her. She leaves one daughter and three sonk. NEBRASKA CIPY “Feb. 9.—(Special Tele- gram to The Bee)“#Mra. Theresa Gress died today aged 72, The'/diseased had lived in this city for the past twenty-five years and was well khown by 'dll old settlers. Conflagration at Pine Ridge. RUSHVILLE, Neb., Fel (Special Tele- gram to The Bee)—The Iuflan boarding school building at Pine Ridge and the new Industrial school building, completed about & year ago, but unused, having been con- demmned as pusafe, were burned last night. he fire was discovered a few minutes fore the regular retiring time of the pupll and all escaped. With the exception of a few articles of clothing the contents are a total loss. About 200 Indian children were in attendance. The'building, a large two- story wooden structure, was erected in 1882, Bank Cashier Arrested. NEBRASKA CITY, Feb. 9.—(Special Telo- gram to The Bee.)—John Caspers, one of the directors of the defunct Farmers and Merchants bank of Talmage, last evening swore out a warrant for the arrest of Henry FEBRUARY 10, 1894, Renken, cashier of that institution, on the charge of embezzlement. The amount is placed at $16,000. Renken was arrested and brought to this eity this morning, Tho case was continued thirty days, Renken belng released on $3,000 bond Storm In Nebraska, FAIRMONT, Neb., Feb. 5.—(Special to The Bee.)—It commenced raining last night at 6:30 o'clock and kept up a steady rain till 11, when the wind shifted to the northwest and anow began to fall. Thero is now about four inches of very wet snow on the level ASHLAND, Neb., Feb, 9.—(Special to The Bee)—Fully ‘ten inches of snow fell here last night. To Reception, NEBRASKA CITY, Feb. 8.—(Special Tele- gram to The Bee)—Dr. R. Roy Ross, a prominent physician of this city, was mar- ried in Chicago Monday to Mrs. Margenia D. Backus, The couple arrived here today and were this evening tendered a reception and presented with a silver service of ten pieces. b 0 T Feb= 0. —Henry Sal man committed suicide by hanging yeste day. He lived several miles from this tawn and was supposed to have been temporarily tnsane. The body was found hanging to a tree in Plum Creek canyon. - E AND MORRELL. Dis: od by Scott’s M They Grab Their Rifles and Run. FRESNO, Cal,, Feb. 9.—News comes from the mountalns In Tulare county of another encounter between Sheriff Scott's men and the bandits Chris Evans and Bd Mo Tuesday evening the sheriff's men discovered a hidden trail on the mountains leading to an almost Impenetrable thicket of chapparel and scrub oak. They could only follow the trail by crawling on their hands and knees. After crawling for some distance they came suddenly upon a hut hidden beneath the overhanging clift. There they saw Evans and Morell both in their shirt sleeves. So surprised were the bandits that they did not stop to fight. Both grabbed their Winches- ters and scurried up the mountain side. The sherifi's men fired half a dozen shots with- out effect. The hut was then searched. In it was found clothing in plenty, a large quantity of provisions and over 500 rounds of ammuni- tion. It was evident that all the outlaws' Wit Warning wants have been supplied. The bandits escaped in their shirt sleeves, with only their rifles and the ammunition in their belts. The weather Is cold in the moun- tains and, as the sheriff’s men are in hot pursuit, it is belleved that a desperate en- counter will take place very soon. The place where the bandits were found is about half way between Camp Badger and the Sequoia hill; e WANTED AN OVERCOAT. Rescue Hall OMcer Compelled to Use Club on a Stranger. Up the stairs he came and breaking in the door to the Rescue hall office, occupied by Special Officer Edgehill, he sald in loud tones, “I want an overcoat.” Edgehill looked up for a moment and then sald to the man, I am busy now, but if you will-wait a moment I will see what I can de for you.” The man left and after awhile when the officer had finished his work he returned and agnin entered the office. “I say,” he said “I want to leave town tonight and must hav an overcoat and I must have it at once. “Well, you say you are going to leave the city; if that is the case I could not give you a coat, as we have married men here and people who have made this eity their home for years who would have the preference,” “Well, I'm no bum,” and he pulled from his pocket a card showing that he was a member of the Iron Moulders union. “T did not say you were, and moreover, I don’t wish to have any trouble up here with you, and now I want you to get out.”” With that the.man jumped on the officer and hit him a blow that nearly knocked him down and they fought a few moments, and it was not till the officer clubbed him into submission that he desisted. His He was then placed under arrest and taken to jail. His name, Mr. Edgehill says, is Conin, but whree he is from is not known, as this was his first appearance at the hall. D GAVE HIMSELF UP. H. 0. Par 1 Says He Coni at Red Onk, In, H. 0. Parsons was arrested last night as a fugitive from justice. About 6 o'clock last evening he came to the station and said he was a criminal and that he was wanted for forgery over in Red Oak, Ta. He requested the captain to lock him up and when the proper time came to return him to that city. He talked quietly and mysteriously, was very decisive in his speech and very cautious as to the way he spoke. R About the 17th of last October he sald he lived in Red Oak, Ia., and was employed there at fairly good wages. One day came, however, when he needed some change and he forged a check on a dealer there for $10. The forgery was discovered and a warrant sworn out for his arrest, but he had left the city, and after wandering around for some time came here. He is a well itted Forgery dressed, bright appearing fellow. When le was searched two blank checks on the First National bank of this éity were found, but what he intended doing with them is not known. He will be held till Red Oak officers can be communicated with. - R BANKRUPT STOCK. THE WALK An Omaha Fir Chicago Sal CHICAGO, Ieb. 9.—The sale of the James H. Walker & Co. wholesale bankrupt stock has been in progress for several days, and, although it is one of the finest dry goods stocks in the west, the bidding has not been very lively. One of the heaviest purchasers hus far is Hayden Bros. of Omaha, whe are represented by Joseph Hayden. The goods are being shipped as rapidly as the Heavily at the purchases are made. When the Walker fallure occurred it created considerable of a stir in commercial circles. The failure was for over a half million dollars, but , as the stock was an exceptionally fine ‘one, it was not ex- creditors would lose maeh. The stock embraces a general line of dry goods, ete., ete., and were it not for the general business depression throughout the country the stock would bring fully one- third more than it is now bringing. pected that th LANCASTE , Feb, An incendiary fire last night destroyed the barn, tobacco shed and crop of Jacob Zachrist in West Hempfield township. Eleven cows were Loss, $6,000. - - PARAGRAPHS, also burned. PERSONAL R. B. Schneider of Fremont is at the Mil- lard. . A. Wilson of Fremont is a Mer guest 8. H. Elwood of O'Neill is at the Mer- chants . B. B. Hopkins of Lincoln Is stopping at the Murray. J. C. Ferguson of Fremont Is stopping at the Paxton. Judge M. at the Dello P. Kinkaid of O’ il is a guest W. E. Peebles of Pender registered at the Murray last evening Hon. Frank P. Ireland of Nebraska City loft his autograph on the Paxton yesterday J. C. Corbet of Chlcago, assistant general manager of the Lancashire Insurance com pany, accompanied by his speclal agent, Mr. W. . Cree of Denver, are at the Murray. The following shraskans are registered at the hotels: H. N. Carpenter, Syracuss J. N. Paul, 8t. Paul; Arthur Land, Bral Thomas Roberts and wife, Stella; A Aminger and wife and Miss Hogarth Cozad; M. Robb and wife, Murray: Willlam Ebright, Nebraska City; Fred Kidd, braska City; A. Follows and Robert Brown, Gresham; J. B. Kelly, Bloomington; R. Lucas, Plerce; W. L. Paul, Lincoln; A. F. Magdany, Plerce; J. E. Bohn Wausa; T, J. Hill, Falrmont; M. J. Gleason, Lincolo. register | JAKESCHAEFFER'S NEW MARK Places the High Run Sixty-Eight Buttons Ahead of Ives' Record, BRILLIANT CUE WORK BY THE MASTERS Hubites Treate to One of the Most Re markable Exhibitions of Skillful Bil- liard Playing Ever Witnessod— The World of Sports. BOSTON, Feb. 9.—Bil dist Schaeffer took revenge tonight for the ignominous de- feat he suffercd at the hands of Slosson Wednesday evening in the triangular tourna- ment in Hempstead hall, by showing a p that was altogether fast for Napoleon Ives, beating him 600 to 402, and incidentally breaking all s for the fourteen-inch balk line game, anchor barred, rolling up the splendid total of 271 in a single inning. The previous record, 203, was made by Ives at Chicago The game tonight was by all odds the finest exhibition of scientific play ever seen here, If not in the country. Schaeffer's work was very erratic, but his two long runs of 271 and 125 were marvels of steady racs nurse and position play, occasionally varied by a brilliant round-the-table or a drive for a gather. Ives' play at first was rather unst y, but after Schaeffer had ac- complished his record break, the boy settled down, and it looked at one time as if he might pull out the game, especially as the Wizard played in very bad shape for four or five innings. But Schaeffer soon rallied and rushed things through to the end. At 8 lock the two experts pulled out theif cues amidst applause. Schaeffer won the bank and started oft rather unsteadily, missing the thirteenth shot across the table for a single cushion. Ivés opened his por- tion of the proceedings with a goose egg, also on a cross-table shot Both men were playing very ordinary billiards, and up to the eighth inning had made but fifty-two and fifty-three respectively, Schaeffer leading. In this inning Ives I the ice by a run of twenty-nine, the feature of which was a magnificent long gather for position. This was the highest run so far and it put Jake on his mettle, for he began a career of balk line nursing on the other end of the table, part of which was with his left hand, which held its proverbial cunning. At 9:10 the Wizard seemed balked by a flicult line up of the balls, but he over- me the difiiculty by a feat of masse. Ho missed a frozen masse by moving the wrong ball. Ives made a run of twenty-seven. Then Schaeffer began the run which now stands as the record. His tactics were the same, balk line nursing being the feature. At 10:50 the spectators began to wake up, and murmured, *‘Record.” 'he Wizard kept up his work steadily ith faultless position pla; As he neared 200 the excitement grew intense. Most of the onlookers knew Ives' 203 was the high- est mark, with the anchor barred. Just before the 200 point the three balls rolled together in an obstinate straight line, Schaefler electrified the crowd with a quick and brilliant four-cushion shot around the table. As the 203d point was reached and passed a shout arose that was full of en- thusiasm and expectation of more. On went the Wizard, clicking away until 271 was reached and another record made. Hero he missed on a single cushion. The next four innings resulted in two singles and two goose eggs for Schaeffer, but Ives ral- lied ‘brilliantly and rolled up 68, 144, 38 and 47. His friends began to hope, but his efforts were too late in the evening for Jake played steadily and carefully and finished the game in the eighteenth inning with a run of 54 The Schaeffer—12, 9, 1,0, 0,8 5,0, 1 ves—0, 1, 2 4,3, 0, 7 Schaeffer's average, 33.33; Tves, Marker, Mr. Kendricks, Referee, Mr. 6, 17, 2,.8, 6, 13, 125, 271, 1, 54600, 8,17, 0, 1, 1, 68, 144, 38, 05, READY TO GO IN AND WIN, husinsm Shown at the Annual Meeting of the New York Base Ball Club, NEW YORK, Feb. 9.—The annual meeting of the New York Base Ball club was held in the Fuller building on Montgomery street, Jersey City, last night. Never was such a lively interest taken in the affairs of the club. Those present were T. Talcott, C. Van Cott, J. W. Spaulding, J. E. Dilling- ham, C. D. White, A. W. Kiddle, inson and J. M. Ward. The election of officers occupied but a short time. President Van Cott was re-elected, as was also Treasurer E. B. Talcott, George Stackliouse was elected secretary in place of C. D. White, resigned. The executive committee is composed of Messrs. F. R. Rob- Talcott, Wheeler and Van Cott, and the following named gentlemen . were elected directors: Van Cott, E. B. Talcott, J. E. Sullivan, E. B. Robinson, W. B. Wheeler, E. A. McAlpin and E, A. Dillingham. The meeting was of a harmonious na- ture, anfl all members expressed themselyes as being delighted with the prospects of a successful season and a winning team to represent this cit Fought in an Aristocratic Barn. CHICAGO, Feb. 9.—The aristocratic suburb of Evanston was shocked today_by the dis- covery that a fierce thirty-two round prize fight was fought last night in the barn of Captain Comstock, one of the leading citi- zens. Captain Comstock’s son, William, and Clifford Jenks, well known young men, were the principals. The former won the mill. The fight was managed by an organ- ization known as the North Evanston Ath- letie club, composed of the young society men of the place. A purse of $25 was awarded the viccor. Incorporated the New ¢lul ALBANY, Fet. 9 —The Jockey Club of New York City was Incorporated today. The purpose is the investigating, ascerlaining, and keeping of a record of the pedigrees of horses, and of Instituting, maintaining and controlling a stud book; of holding exhibi- tions of horses and generally improving their brood. The directors are: John Hunter,, August_Belmont, James R. Keen J. 0. Dormer, William P. Thompson, Frank S. Sturgis and G. L. Knapp of New York. the Nuo Feb. 9.—At the horso head aggregated §12,480, averaging $124. The highest price was $1,160 for Winnie Davis, 2:25, by Bourbon Boy, dam by Robert Lee, bought by Brook Curry, Lexington. No others over $450. Five saddle stallions averaged $3 LEXINGTON, sales today 100 At the nual KANSAS CITY, closing session of (he ¢ vention of the Ameican ation of Kansas yesterdi e elected, but it was t ond Protective con- asso- new oilleers scusy of th ive 1hem out for publica- ual, howevor, that a ma tof Thpeka was olectad presi W meeting not to tion. It 1% e amed Stew dent. Among tho Stalo organisers ap- pointed are: Judge [ T. Culvor, Emporia; C. W. Harrison, Topeka; C. Y. Shinn, 00O Worth a (uinea a Box. Stubborn tendencies to digestive troubles in children will always yield to a mild dose nf Beecham'’s Pills (Tasteless) 5 cents a box. Fl long | o Oneld plans for state and The meeting had under discussion organizing mew counclls in the for getting new members, but Just what course will be pursued could ot be learned as a rosolution was passed to keep the proceedings out of public for the present. - IN THE PARENTS' ABSENCE, Two Small Children Burned to Death inn hat yed Thelr Home, BERG, Pa., Feb. 9.—Tho two small children of Hert Cooman lost their lives this morning In a fire at Light Street, a small village near this place. The parents had ®one to call on a neighbor. They had been absent but a short time when a passer-by noticed a blg blaze fn the Cooman house. He gave the alarm, and every effort was made to save tho little ones, but without avail, When the door was finally burst open the flames were beyond control. The house was completely ~ destroyed. The bodies of the children, charred beyond recoy nition, were found in the debris. It was supposed a lamp either exploded or that it was accidentally knocked from the table. 1 BIG CROWD, Hanging of a Carolina Crimir Thousand § RALEIGH, N. €., Feb. 0.—Near Winston yesterday Peter Do Graff (white) was hanged In the presence of 10,000 persons for mur- dering Ellen Smith, his paramour, in July, 1892, Public interest was intense as the crime was a notorfous one. De Graff had i a bartender at Winston and killed Ellen by shooting her through th body™ in the woods near a fashionable suburban hotel, they having met in the woods by ap- pointment. DREW ned by gl Exciting Chameleon Hunt. ALBANY, Feb. 9.—Owing to the efforts ot the Humane society the sale of chameleons in this city has been stopped, but every day consignments of these reptiles pass through here for other towns. Ten thousgnd of them were shipped to Montreal. During tho long ride in the heated baggage car the little animals got very lively‘and a large number escaped from the box. The trainmen were kept busy until Montreal was reached chasing them around the car, and forty or fifty eluded them. At the custom house at Montreal the customs officers opened the cage. The reptiles made a rush and before the startled examiner realized the situation every one got out. For six hours the attendants were engaged in a chameleon roundup, but over 1,000 escaped. Stru ond. D, iy While John a Polander, was on his way to work morning he found the dead bodies of two of his countrymen lying on the Pennsyl- vania railroad near New Boston. Both of the bodies were warm, showing that the ac- cident had occurred only a short time be- fore. The men were prabably struck by a passing passenger train, as the rails were covered with Dblood for a distance of twenty feet. The bodies were taken to Mahoney City, but have not yet been identi- fled. ASH Mend this o! thi Agony Of Those who Suffor from Scrofula Hood’s Sarsaparilla Purifies, Soothes, Heals, CURLS. Mr, T. V. Johnson San Jose, Cal. “T have for many years been a great sufferor from SCROFULA breaking out on my arms and legs; they were covered with eruption and sores, discharging all the time. I tried very many medicines and consulted physiclans far and near, but comstantly grew worse. I have taken but three bottles of Hood's Sarsapa- Hood's i Gures rilla for rheumatism, and has derived so much benefit from it that she declares there is no other medicine on earth. We wauld not be without It in the house if it costs $20 a bottle.” ! T, VARLEY JOHNSON, San Jose, Cal, N. B. Be sure to gt Tood's Sarsaparilla, Hood’s Pill3 act Sarsa- parilla casily, yot promptly and 260, efliciently, on the liver and bowcls. AMUSKMENTS. BRINGBOYD’S Today. Toaight | THE == 1 CHIL- DREN | T0 | FAN- TR L. | HAT- | INEE | T0- DAY, I'r and TODAY (SATURDAY) FEB, 10 Pwo Performunzes of HANLON BROTHERS' - | FANTASMA ! tho Funny Clowns, the Fairy Queen, the Frisky Rabbits, tho Ugly Dragons, Boautl- ful Transformu- tlons, ete. MATINEE TODAY AT 2:30. First floor. 500 and Tie: balcony, 250 Childron over 5 years of age will' uot itted without tickots. ERFORMANOE SUNDAY NIGINT, " MAVOURNEEN Rty 2 Feb, 12- 13, (4 Tho Great Singing Comedian, CHAUNCEY OLCOTT, Kupported by Augustis PHOWS Company. in thele suceonsul comedy-drama ln four uets, MAVOURNEEN By George M. Jessup and Horaeo Townacud, Scene lald fu Tyelsud from 177410 1784, {5 the play fn which W. J. Sanlan, Tnado the sicoois of his See Mavoumeen the famous Il nitnst life [ unday morning at usual x-slCets o) 564 Seats at 500 Each. 15th STREET THEATRE " THIS AFTERNOON AND FONIGHT. MR. FRANK JONES, and his excollont company in the now comedy dramis, Our Country GCousin. Matinee Prices—Any seat in the house, 20¢ i5th STREET THEATRE "riss 4 nlghts commoy hay o ob. 114 ABBOTT AND TILLOTSON'S GOMEDY COMPANY Ix the Greatest Laughing Su “NIOBR” ALL LAUGHTER -NO THARS Mad e aduy.