Omaha Daily Bee Newspaper, March 27, 1894, Page 2

- THE OMAHA mated that ho could file any papers he de- sired In the regular way, but nothing would be done In the wage matter until the dis- position of the case pending. COWIN SWAPS HORSES. General Cowin, on behalf of the govern- ment, then addressed the court on the mo- tlon for a rehearing. But the well known attorney had not gone very far in his state- ment of governmental interests when Judge Caldwell called the general down by Inqul ing how the government became involved in the case. General Cowin replied that by intervention the government became a party to the suit. But Judge Caldwell wouldn't have it that way and remarked that the United States had no more right (o be heard than any other mortgagee and (hat to be- come a party the United States would have to do it In the regular way. That it will have to come into court and bind itself to the judgment of the court. Mr. Cowln re- sponded that he had some doubt as to an intervention giving him rights in the case, but it he could not appear for the govern: ment he would appear for the receivers, which created a laugh throughout the room, the agility with which Cowin swapped horses, showing that he was considerable of a circus rider. Mr. Cowin took up the different tion, showing the conflicting orders made in the cases. He argued that the Union Pacific railway bad no power to make a coutract whereby it pledged its earnings by guaranteelng the payment of the interest upon $16,000,000 of 6 per cent bonds of the Unfon Pacific, Denver & Gulf com for a perfod of fifty years. The receivers, he stated, had elected to do so, and that clec- tion had been affirmed by Judge Dundy sit- ting as circuit judge. ~ He further con- tended that the “circuit court for the dis- trict of Nehraska was the court of primary jurlsdiction and that all general orders af- fecting (he adminfstration of the re must be had in this court; that the | ings in the circuit court for the districts of Colorado were only auxillary proceedings to the main case in this court. He compli- mented the operation of the road, but thought the legislative acts providing for the operation were open to much criticism. He spoke for nearly an hour on the general propositions and made what was considered by attorneys a very able argument. Willard Teller, Judge Thurston announced, would follow General Cowin, and he would close for the receivers of the Union Pacific, although Recelver Anderson might want to say something as to the merits of the case, but Mr. Andorson was averse to bo exploited on the court, remarking thal what was said would be much better said by Mr. Thurs- ton. then at consid phases of the able length JUDGE TELLER'S ARGUMENT. There was a very much larger attendance of men distinguished in the law, as well as in trade, at the afternoon session of the cireuit court yesterday than were present at the morning session. Judge Teller, in opening his argument, stated that he presumed the reason the parties were in court grew out of conflicting orders made by Judge Dundy in Nebraska and by Judges Hallett in Colorado and Riner in Wyoming. As to whether or not the order entered by Judge Dundy in January was or was not correct was the question at bar. Ho then reviewed at some length the causes Jeading up to the receivership and the part played by John Evans in going into the Colorado courts and asking for a scparate receivership, which ho obtained through Judge Hallett. The only reason for the ap- pointment of Mr. Trumbull was that specific performance should be insisted upon on the part of the receivers of the Union Pacific. On the 13th of October the Union Pacific, with its branches, was put into the hands of receivers for their operation. It seems, therefore, that it was for no good reason tnaé A separate receiver should be appointed. What they sought to bring about by the ap- pointment of a receiver is precisely what they also sought to bring about in their suit. The whole end and object of John Tvans was to enforce the specific contract upon the-Unlon Pacific. “I said then as I say now, that they had no standing in this court, in view of a suit which is now pending in the circuit court of Colorado and Wyoming. Is there anything wrong in Judge Dundy’s NUMBER 3. Send or bring FOUR coupons in cofn 1o this oMy | recetve tho ird part of this of the War told by the leadi 5. MAGNIFIC nd ten eents SERIES NO. 5. DICTIONARY. Only that number of the book corraspona - ing with the series number of the coupons presented, will be delivered. Sunday and Three Week-day 1pons, with 15 centsin oin, will buy ono part of The American Enoyclopedic Dic tionary. Send or bring to The Bee Ofil ce. Mail should be aadressca to DICTIONARY DEPARTMENT. SERIES SEVENTEEN MARCH 27, 1894 THE BRER COUPON. World's Fair Art Portfolio. To secure this superb souveniv send cr bring six coupons of this series bearing different dates with 10 cents in coin to | ART PORTFOLIO DEP'T, Bee Office, Omaha. BINDING OF THE Dream City Portfolio The genuine Morocco binding in elegunt stylo, at tho low price of $1.00, can bo had at FESTNER PRINTING CO, BINDERY, successors to K. 0. Fostnor. Establishud 1560, We do ourown binding. FESTNER PRINTING CO., 1307.9 Howard BETWEEN 13TH AND 14TH STRERTS, | ings sho | except order? The order starts out by asserting that the contract of April 1, 1896, is not one that runs with the freehold or realty and which has to be attached to the property.” He then briefly_quoted from Judge Dundy's order and sald that the executing part of the contract was designed to run in perpetuity As to the payment of profits they were of an executory character. In Judge Dundy's order the receivers were absolved from carrying out the contract. QUESTION OF ULTRA VIRES. “I hold that was good law and that the contract was legal In every sense, for tho reason, first, that the contract was ultra vires of tho corporation. The question I8 what Is or is not ultra vires.” He then proceeded to argue the question of ultra vires, citing a number of cases in support. He stated that the law relating to guarantees is to be strictly construed. He sald It was an anomaly t one person should guarantee the debts of another. There is nothing in the charter or general law or all the circumstances of the Union Pacific that warrants the Unton Pacific to pay the interest of the Unfon Pacifie, Denver & Gulf, and consequently the guaranty was not legal. Can it be right to the stock holders of a corporation that all of its earn- d be frittered away for the sup- port of kome other road? No company has the right to fritter away the whole of its income In lieu of certain recelpts from other companies. He ecited the Thurman act, so called, passed in 1878, to show that such controls were void. And in furtherance of his argu- ment showed that the recefvers could not pay a constructive mileage of 3 to 1, but felt that they could pay a constructive mile- age of 11, This brought Mr. Hobson to his feet with a question regarding the Oregon Short line as to the constructive mileage paid to that road and to other roads The intercst features w Would your honors’ sitting Dundy sat, after y have made a diffc tion which Mr. Teller fired but they never showed a answer Mr. Teller's question. gxpanding his argument, he told the rea- sons for the company passing into the hands of receivers and aserted that the stock holders' interests were sacred and the Union Pacific should not be allowed to pay for th maintenanco of some railroad while the stockholders were left out in the cold, and that is the principle which confronts th court at this time. He stated the Gulf roa was a road ‘that had never pald its debts, and he asked if such a thing would be held to be cgrrect in any sense. Gulf people con- tend that the contract compels the Union Pacific to run its trains over the Unlon Pa- cific, Denver & Gulf, instead of its own road. The Union Pacific contends there is nothing in the contract that provides that the Union Pacific must run its trains over the Gulf tracks, or which prohibits them from run- ning their trains over their own road. The receivers must so operate the road as o earn the most money and Judge Hallett went outside of the contract and outside of the law when ho made the order compelling the receivers to run trains over the Gulf tracks ingtead of their own. RECEIVERS® RELATIONS TO PROPERTY. E. Ellery Anderson, one of the receivers, devoted his argument to the relation the re- ceivers held to the property, contending that they were only appointed when the properly had reached a point when it could not meet its obligations; otherwise there was no reason for the appointment of re- ceivers. They were not to favor one at the expense of the other, but to treat all alike. The recelvers were confronted by a differ- ence in the orders of Judges Dundy and Hal- leti, the latter holding that the’ claims of the Gulf property were preferred and a first lien on any money in the hands of the re- ceivers, The interest on the Gulf bonds wa: $100,000 a month. The deficits in the opera- tion” of th It were about $35,000 per month, a net draim of that amount on the Union Pacific. To fix any liability on tio receivers they must have dono some act to accept the contract under which it was sought to be enforced. When the receivers were appointed for tho Unlon Pacific the Gulf road was made a party, and i the receivers were bound by the “contracts made by the Union Pacific company, what were the recelvers to do with all the millions of obligations of com- panies similarly situated? The appointment of ‘the same receivers for all the companies did not obligate them as receivers of the Unlon Pacific to pay all these obligations at the expense of the obligations of the parent company. By the 3 to 1 mileage feature the Denver & Gulf received 61 per cent of the income on Denver and Omaha business, and the Unlon Pacific 3) per cent, while the Union Pacific carried the 400 miles and the Gulf road 178, Under the contract, if it was held to be valid, the Union Pacific might be compelled to give up the entire proceeds of the trafiic instead of 69 per cent, as provided by the mileage basis. What are the receivers to do when the Dundy order declares the Gulf contract not in force, and the Hallett order holds they are, except the mouey division is held in abeyance? Mr. Auderson held that the re- celvers must primarily decide all these ques- tions, and if not, the courts might just as well abandon their primary business and go into the business of operating railroads. JUDGE THURSTON'S ARGUMENT. Judge Thurston closed for the receivers of the Union Pacific company by stating that ‘the Gulf company and Union Pacific company existed under separaie organiza tions. Qifferent meetings annual elec tions were held, directors being chosen and different officers selected. By the same cor- porate power it came about that both com- panies selected the same officers. One could no more say that the Union Pacific operated the Gulf than that the Gulf operated the Union Pacific, except as the mileage differed The statement that the Union Pacific operated a through train from Council Bluffs to Denver is not true. It was a jolnt train operated by two companies, the Gulf and the Union Pacific. Judge Hallett's order ap- pointing Mr. Trumbull recelver called upon the recoivers of the Union Pacific to deliver up the property of the Gulf in the hands of the Union Pacifle. The Union Pacific has never operated a singlo line except its chartered line given it by act of congress. The denial of this has been a popular fallacy and one that should be exploded at this time. The Union Pacifle was never in possession of the Gulf property, s it operated the line in conjunction ith the Gulf company. In the contract they got no power on God Almighty's green carth except “‘harmonious relations.” They got no power of direction, not a dollar in common, but simply held the sack for the Gulf company. The Union Pacific was hocus pocused in giving this constructive milbage which has created an arbitrary that no road could exist under. He stated the Gulf was in the hole nearly $800,000, and the Union Pacifie had to take this imount out of its treasury to make good the deficit, notwith- standing the constructive mileagoe of § to 1, which has been growing for years. The difterence in arbitrary mileage will amount to about $500,000. In addition to that it will require $700,000 to make up the Guif's deficit, requiring the Union Pacific to take out of its treasury $1,200,000 to make good the hocus pocus under which the Union Pacific has worked. One of the features of the contract was that the Union Pacific should do free switching at Denver. In response to Judge Hallett's order it Is doing the Gulf's switch- Ing at Denver and getting nothing In re- turn. It would be noticed that In the con- tract the Union Pacific was giving every- thing and getting uothing in return, OBJECTIONS T0 HALLETT'S ORDER. Judge Hallett also ordered that the re- celvers should pay over to Frank Trumbull moneys aecruing between July 1 and October 3. “By what power,” said Mr. Thurston, “had Judge Halleti the right to name these particular dates®”’ As to the order of Judge Hallett, relative o the paypent of monéys to Frank Trum- bull, he contended that anly the most care- ful order should be made, else it might un- sottle the trust estate and do irreparable amage 1o property. The mode of procedure having beon some- hat questioned by the court, Judge hurston proceeded to tell the court what had been done. Judge Caldwell, after listen- ing for some time to the argument of Judge ‘Thurston, remarked sententiously that had there beo hearing such as this Is, thought there would not have heen the differ- ences now existing. He sald as the pro- cesdings had been ex parte -it had worked badly for all Interested. “You have not invited Mr. Trambull into this court,” sald Judge Caldwell. “No,'" said Thurston, “becsuse I believe he would come and had no 1 up.” Jud; re then tak where Vas a ques- at the judges disposition to didn't means whereby we could bring him into’ this: court of primary jurisdiction, because of owr: in. ability to securo service, and itwas only through your honors that he (s now In ecourt.”" Mr. Thurston deprecated that there had been so many divergent views, but was at a loss to know how they could have done otherwise, Attorney Hobson stated he would regard it as a favor it the conrt would adjourn until morning before being asked to, com- mence for Receiver Trumbull, and it then being 5 o'clock, conrt adjourned until 10 o'clock this morning. GULE'S STARTLING ANSW Allegation that the Union Pacifie is Not in Financial Distress but Is Making Money. Aside from the tmportance of the Gult case from a rallroad point of view the an- swer of Frank Trumbull, receiver of the Union “Pacific, Denver & Gulf company, re- spondent in the case, makes some rather startling allogations, They are no less than that the Union Pacific Rallroad company Is not an insolvent company, but on the con- trary, has in the past, and Is now, earning sufficient money to pay all its obligations in the shupo of operating expenses, Interest on its bonded debt and all amounts due under the law to the government, and in addition thereto a surplus which can be used for other purposes, The receiver of the Union Pacific & Gulf originally demurred to the pleadings filed by the Union Pacific recelvers, and it is pro- posed, at the proper time, to move that the following answer, filed by Mr. Hobson, for th> Gulf recelver, be substituted for the demurrer. After reciting the status of the case the answer continues setting up general denials. Respondent admits that the appointment uf 1 receivers in the districts of Colorado and Wyoming was subsequent to the appoint- ment in the district of Nebraska, but he de- nies that such appointments were not orig- inal as to all property within the respective Jurisdiction of said courts; and he denies that the administration of the trust estate vested In said receivers by appointment of the efrcult courts of Colorado and Wyoming was in any sense auxillary or subordinate to the apppointments made in the district of Nebraska. SUSCEPTIBLE OF FULFILLMENT. The respondent denles that thereby the further performance of said contracts was necessarily suspended 8o far as the receivers of the respective companies were concerned and on tho dntrary alleges that said con- tracts were susceptible of being performed and carried out as between the receivers of the Union Pacific Railway company and the Union Pacific, Denver & Gulf Railway company to their full extent and with as full effect as if they had been carried out between the two companies respectively. Respondent denies that the contracts were not in any sense binding upon the receivers of the Union Pacific Railway company and on the contrary alleges that by reason of the equities of the case and of the intimate rela- tions between sald companies and on ac- count of the large interests of each com- pany in the other, said contracts were not only advisable and advantageous for the re- ceivers of the Union Pacific company to con- tinue and carry on, but such were in equity binding cbligations upon the receivers of the Union Pacific Railway company under and subject to the direction of the several courts of which they were oflicers. In regard to the manner of application of roceivers the answer admits the allegations of the petition of the receivers of the Union Pacific, but the respondent alleges and shows the fact to be that said petition was presented and said order was made without any netice to respondents as receivers of the Union Pacific, Denver & Gulf and without any knowledge on the subject, and he also respectfully shows that said order whilst of vast and wide reaching importance affecting and destroying most intimate and important relatlons between . the Union Pacific company and the Union Pacific, Den- ver & Gulf company, whilst fraught with most serious results to the Union Pacific, Denver & Gulf company and probably to both of said companies was entered without any full investigation of the matter or hear- ing on the part of the honorable judge who made suid order. Respondent furtférmore shows and al- leges that whilst said order was of full force_and effect so far as the property of the Union Pacific Rallway company was concerned, which lies within the jurisdic- tion and so far as the business transacted between said roads within the district of Nebraska was concerned, yef. the circuit court for the district of Nebraska had no Jurisdiction or control whatsoever over the respondent, and not one foot. of railway owned by the Union Pacific, Denver & Gult_and wunder the control of your re- spondent s within the district, of Nebraska and the entire business transacted between the Union Pacific railway and the Union Pacific, Denver & Gulf Railway com- pany or the receivers of sald respective roads is transacted within the districts of Colorado and Wyoming. > RECEIVERS SHOULD HAVE KNOWN. After alleging certain facts and denying others relative to the receivers the answer further proceeds: Respondent denies, as is alleged in said petition, that it was impossible for sald re- ceivers to acquire thorough knowledge of the terms, conditions and character' of said sev- eral agreements and the practical operation of the same, until after a prolonged and careful investigation, and denies that they disaffirm sald contracts when they were in a position first to determine and advise the court that the continued performance of the same would be disastrous to the interests of the Unlon Pacific Rallway company; and on the contrary alleges that sald 8. H. IL Clark and the said Oliver Mink and said E. Eliery Anderson had been for years officers and directors of both the Unlon Pacific Rallway company and the Union Paclfic, Denver & Guif Rallway company, and were at all times fully advised with reference to the conditions of the two roads afore- said and of the terms, condition and char- actor of said several agreements between the respective roads, and they know as much concerning the practical operation of said agreements between sald roads at the time they were appointed receivers as they now do or have at any time since said appoint- ment. And the respondent alleges that the re- ceivers of the sald Unlon Pacific Railway company never had any Intention or de- sire to disafirm the contracts between said companies or to discontinue performance of the same until after the 16th day of De- cembor, 1893, Respondent denies the allegation of sald petition with reference to any agreement between him and E. Ellery Anderson on the 18th day of December, 1893, or at any time, and on the contrary alleges that there never was any agreement or understanding, but that such an agreement was discussed and drafts of the same wére made but never agread upon. Respondent denies that the continued par- formance of the traflic agreement between the Union Pacific Rallway company and the Union Pacific, Denver & Gulf Rallway com- pany, set out in sald petition, would entail great loss upon the revenues and business of the said Unlon Pacific Rallway company as operated by Its receivers, and denfes the other allegations of sald petition with re- ference to the loss to sald receivers by reason of maintalning the performance of the several contracts therein referred to; denios the allegations of said petition with reference to the alleged disastrous results which will result to the creditors of the Union Pacific Railway company from the maintenance of sald several contracts; and on the contrary, respondent alleges on in- formation and beliet that the Ualon Pacific Rallway company during the year 1893 was and is at the present time earning suficient money to pay all the operating, expenses, the interest on“all Its bouded indebtedness and all requircments under the~statutes of the United States, and that a large surplus wer and above all these obligations has carned since the 1st day of- January, CLAIMS IT 1S THOROUGHLY. SOLVENT. tespondent alleges uponinformation and belief that since the 1st day of January, 1894, syfficlent money has been earned upon the evlire Union Pacific company to pay all operating expenses, all interest charges upon its bouded indebtedness, which it was recessary to pay in order to maintain the integrily of said system and to preyent fore- closure of the same, and all gdverbment charges and charges Imposed by 'law, and to leave over and above' tho same a-large svrplus for the benefit of creditors having no llens upon the property of sald Unlon Pacific Railway company. ! DATLY |BEE: And in support | wil be formally trans 27; TUESDAY, leave to refe] the fles and documents forming the Mwh of the circuit courts of the district of Colorado, Wyoming and Ne- braska, and to use the same as fully as though they had been incorporated herein. And the régpgndent alleges that out of that portion the Union Pacific Railway company derl@e¥ from the Union Pacific, Denver & Gulf Railway company, either in the form of business exchange or Interest upon the secy les of sald Guif company, not subject 14 the fien creditors of - said Unfon Pacific Raflway company, all con- tracts between said Unfon Pacific Rallway company andikald Guif company could be carried out in, full and performed without Imposing one dojlar of loss upon any of the llen creditors'of said Union Pacific Railway company. And # support of sald allegation respondent prays leave to refer to the rec- ords of the ubove named courts. And the respondent further shows and allegos that at the present time and prior hereto the receivers of the Union Pacific Rallway company and all other companies of which they are reccivers, as set out in sald petition, have been paying in full all_operating expenses, taxes and charges, and also interest upon all bonded Indebted ness which it I8 necessary to pay in order to prevent foreciosure upon the several por- tions of said Union Pacific system, and that sald Unfon Pacific receivers have obtained orders from the circuft court of the district of Nebraska to continue such interest pay- ments. And your respondent shows and al- leges that if any {nterest is in default upon any portion of the system known as the Union Pacific system, except the interest in default upon the lines of the Union Pa- cific, Denver & Gulf Railway company, it is upon the bonds of auxillary and constituent roads which are absolutely owned or con- trolled by the Union Pacific Railway com pany, and which said interest it is no wise necessary for sald receivers to pay, In much from a practical standpoint the Unlon Pacific Railway company and its aux- lllary roads are at the same time sole debtors and sole creditors. And these alle- gations your respondent is prepared to sus- tain and verify when called upon by the court to do so, VICTORY FOR TELEGRA ERS, Nearly All of Their Clalms Allowed by Mr, Clark Yest: ny. Contrary to all expectations the teleg- raphers have made a seftlement of thelr difficulties with the Union Pacific receivers, The question of wages has not yet been settled,but Mr. Clark and Mr. Dickinson were at work upon that yesterday and from a remark made by Mr. Dickinson it is sup- posed there will be no difficulty in settling that. So far as the rules are concerned the controversy is at an end and the operators are the victors, for’ they gain practically everything they ask for. One of their prin- cipal contentions has beon for overtime and the company concedes, the rate of pay to bo the same for overtime as the operator re- ceives for regular servico. This rule not only applies to operators but to agents and oferators who are acting as clerks in any capacity where they are liable to be called upon to do telegraph duty, though that may not be any part of their regular duties. In addition to over- tims one of the grievances of the operators has been that they are frequently called upon through the use of call bells to get up in the night and, do_telegraph duty after they have gone to bed, For this under the new rules they ‘are to receive 25 cents for every call regarléss of the amount of time they are requiréd to work, and in case the call_requires them' to be on duty over one hour they are to receive the regular overtime pay for all over one hour. These have been the points in the rules on which the differ- ence has been gll along, and the settlement came in tho nat(ré of a surprise to the men, as they had given' up ull hopes of arriving at a settlement:with the receivers and were prepared to go into/court with the rest of the organizations. Throughout their nine days session with Mr, Clark and Mr. Korty there was nothing Whith would lead them to believe that a'Settlement would be ar- rived at, buticon the contrary the officers of the company had up to the very closing hours of, the .conference refused to concede anything,,though they lad taken numerous thingg ninder. advisement, but the men_had no hope. that it would amount to anything beyond delayipg the familiar *‘No,” which had greeted gimost every proposition advanced by the men. As might be sup- posed, the telegraphers are very much elated over their success, and to them Easter was the rising of a hope that was dead and burled. While the wage schedule is not yet set- tled, the men have no doubt that It will be speedily, as the ground has all been gone over carefully statlon by station, and with the concessiond already made by the men there are no serfous differences between them and the recelvers at this time. In fact, Mr. Dickinson indicated to them at the opening of the session yesterday that there was no doubt but that the matter could be speedily arranged. Up to 10 o'clock last night it was expected that the telegraphers and Mr. Clark would arrive at a settlement of the wage schedule as well as on the question of rules, but at the last moment 1t was put over until today. During the afternoon they were engaged in conference, and at supper time it was given out that at 7:30 a‘definite settlement would be arrived at. At that hour the parties met at Mr. Clark’s rooms In the Millard and mained closeted there until after 9 o'clock, but when it was all over it was reported that there was nothing that could be given out at that time. From all the indications, however, it Is evident that there is not any difference between the men and Mr. Clark which they do not feel confident will be overcome, and it Is freely predicted that a complete settlement between the telegraphers and the company will be reached today. Southern Paclfic Keaches Into Mexico. MONTEREY, Mex., March 26.—A corps of civil engineers has been sent here from New York by C. P. Huntington of the Southern Pacific company with instructions to ran a survey for a rallway from this city to Mon- clayo, at which station connection is made with the Mexican International, which is also a part of the Southern Pacific. The Mex- ican International is now extended to the Sierra Mojada mining camp from Monclayo and the proposed line to this city is to be built for the purpose of obtaining a direct outlet for the rich silver ores of Durango and Sierra Mojada. The building of the proposed railroad will make Monterey a much shorter staridard route to the United States than at present. Clalms the Right of Way. LEAVENWORTH, Kan., March 26.—James €. Stono, Jr., through whose big farm south- west of this city the abandoned Leavenworth, Topeka & Southwestern railroad runs, has fenced up the road where it enters and leaves his property and posted notices to prevent trespassing.- He has also served Geueral Superintendent J. C. Brinkerhoft at Kansas City with,formal notice that he has taken possession 0{‘ he right of way on the ground that the ‘\‘(fl way company has for- felted its rights b, yhandonment. ~Mr. Stone this afternoon began suit in the district court for foreclosiire of the company’s im- provements, Thege is about a mile of the road on his pwm?. Mude'aShort Stay, Grand Chief Safgent of the firemen and Grand Chief Clark ‘of the conductors were in town for a couple of hours Sunday, though they did not reglier at any of the hotels They were in conference with the men while here and left for the east. - They came in from Denver," whre they were on busi- ness connected WjRtheir orders. I s cx- pected they will p here Wednesday aud remain until the hefore Judge Caldwell is settled. S, E. WHkinson, grand chief of the tralmmen, is expégted in the city loduy to remain during the hearing In court. Have Agreed o hedule, WASHINGTON, Mageh 20.—C. A, Pills bury, representing the flour manfacturers ot Minneapolis, who some time ago made out before the Interstats Commerce commission a case of rallway digerimination against Min neapolis, I8 here with atiorneys of the Great Northern and Chicago. Milwaukee & St. Paul companles to ask the commission's ap proval of a schedule of rates, to which the parties interested have agreed Rallroad Notes. NEW YORK, Mirch 26.—It is reported that the members of the board of directors and the officers of the Toledo, Ann Arbor & North Michigan Rullroad company will ro slgn at tomorrow's meeting, and the road rred to the control of the above ullegations respondent prays | of the Delaware, Lackswanna & Western MARCH Railrond company, which, it is claimed, holds the bonds on which the road was sold under foreclosure. The report of the Chicago, Burlington & Quincy for the year ending December 31 shows! Gross ‘earnings, $31,042,600, de crease, $1,950,604; net, $9,818,466, a decroase of $714,017. Total Income, $11,689,658, de rease, $205,642; surplus, $15,044, decrease, $786,737 N - K TO INVESTIGA 1891, TENKINS, Hearing Hefore the House Committee Will e Held In Milwauke WASHINGTON, March 26.—The investiga- tion by the suboommittee of the house Jjudiclary committee in the Judge Jenkins anti-strike injunction against the Northern Pacific railway employes will be held in Milwaukee, beginning Monday next. The subcommittee, consisting of Messrs. Boatner, Terry of Arkansas and W. A. Stone of Penn- sylvania, will leave here for Milwaukee Sat- urday. ~The committee is considerably hampered by the fact that it has but $600 at its disposal. It will, therefore, bo unable to provide the transportation for those wit- nesses who live at any great distance from Milwaukee. 1t is for this reason, principally, that the committee decided to go away from Washington to conduct the fnvestigation. Among the witnesses expected are: Messrs. J. B. Johnson of Tacoma;, Vetter of prague, Wash.; M. L. Porter of Living ston, Mont, chief clerk of the Railway Conductors; Sargent of the Locomotive Fire- men, Arthur of the Engineers, Wilkinson of the Raflway trainmen, and Ramsay of the Rallway Telegraphers. MUDDLED THE WORDING Queer 1 to Advance te CHICAGO, ‘h 26.—(Special T to The B east and west fr rate wars continue after April 2 it will be largely because of the of slipshod Eng- lish, The joint committee has atedly shown its ignorance in this respect, but never did it need the services of an editor more than in the preparation of its resolu- tion calling for an advance in rates. he idea involved was perfectly simple When it appeared in print as warped by the joint committee it looked as much like its former self as an ordinary man look Iike his brother-in-law. Not a solitary freight official in the city of Chicago knew what the resoultion meant when he first saw it. From this uncertainty I sure to come a further clash in rates. The only question now I8 whether the clash can be restricted. The resolution itself has alrcady appeared in The Bee, but as it has since been the object of spirited discussion it is yrth reprinting. The Chinese puzzle is ntained in the second part of the resolu- , which in full is as follows: Résolved, That effective Monday, April 2, the eastbound freight rates be maintained in following basis: Chicago to New York: Grain and its products, twenty (20) cents per 100 pounds. Al other articles and classes at the rates of authorized traffics in_effect prior to November 26, 153, Resolved, That all traffic received from shippers of connecting lines at Chicago and points taking the Chicaxo percentage basis, on and after April 2 shall be chary at sich rates, regardless of date of ship- ment from other origin points. This resolution means that the mentioned shall apply on and afte 2 o all traffic except such as transit in Cent raffic territor: tonnage outside of Central Traffic territor. whether in transit or not, and all tonnage ted on and after April 2 in Central must take the advanced tid rates In this connection Central Trafic territory means all east of a line drawn betweei Milwaukee and East Dubuque, and thence down the east bank of the Mississippi to Loufs. Judging from the context Jlution also means the advanced rates to apply on April 2 of this year, but it_does not say so. The above is the official diagram of the resolution riddle. But some of the lin have not yet obained the official diagram. As a_consequence they have Interpreted it in_all sorts of wa The interpretation, which is destined to cause trouble, i3 that cut rates may apply on any traffic if it is in transit April 2. For instance, the cut rates apply now on traffic from Sun Fran- cisco and every intermediate point to ¢ cago. Some of the castern lines have no- tified their western connections they will recelve traffic at cut rates whether or not it is in transit on April 2. On California business this is cevtain to keep the cut rates in force until April 15 or 20. It the resolution had been worded with the abil- ity of an ordinary school hoy, the cut rates would have all expired by April 5. i8 @ general sentiment toward the advance and maintenance of rates, but it 1s apt to be dissipated by the disputes certain to arise over the different constructions put upon the resolution. DESERTING THE SOUTHERN PACIFIC. it 13 Sald, Wil Be the ¢ ford's Interest Withdrawn f; FRANCISCO, Examiner announces that Stephen T. Gage, representative of the Stanford interest in the directorate of the Central Pacific rail- road, today sent in his resignation, and it is concluded therefrom that the recently expressed_opinion of C. P. Huntington that it might be a good thing to have new blood In the Central Pacific and Southern Pacific is_assuming concrete form. It is believed Mr. Gage's withdrawal s formal notice that Mrs. Stanford proposes to cen- ter her attention upon the affairs of some other corporation—probably the Pacific Im- provement company-—and precedes a similur withdrawal from the Southern Pacifie, It is understood that A, H. Towne, third president, and 1. FI. Hubbard, a direc- tor, will likewise retire’ from the Central Pacific, which, it i well known, Is now a corporition of the' Southern Mrs, § SAN ots of the Pacific Improvement company and associate corporations of the rallroads are mostly in stocks and bonds, acceptable as colliteral, and Mrs. Stan: ford seems to be desirous to convert her railroud interests into this form, so he may raise the $5,000,000 in one year, DY the terms of CHICAGC ~The troubles be- tween the Atchison and Novthwestern and Union Pacific are now in a better way to be settled thun for a week. However, it i3 not by any means certain that an adjus ment will he hed. The visit Saturday of Third Viee President Newman of the Northwestern to Pussenger Trafiie Man- ger White of the Atchison bore fruit to- day in an extended conference between these two officlals and General Passenger Agent Lomax of the Union Pacific, who had been hastily summoned from Omaha. Nothing arvanged after a meeting all day, but the prospects f tis betw Chicago and ourl river and ( cago and were pronounc brighter. Fede The federate the California 4 OMcers. 1 of the Union Pacific system Hield a meeting yesterday and elected its officers for the ensuing year. They are: . Gilliland of the telegraphers, chairman; S. D. Clark of the trainmen, secretary. Be- yond talking over the situation in regard to the_present differences and the coming hear- ing in court nothing else was done. O'BRIEN WAS THE WINNER, Billy Hennessey Goes ALl the Way to Hoston March Dick O'Brien of Mo, met Billy Hennessey of Clinton, Ta., in the most scientific boxing contest ever seen heve, and defeated the n of the northwest in cleven closely and hotly contested roun: His victory gives him the title of the middleweight champlonship of the country and §00 of the $860 purse offered by the Charlesbank Athletie club for the fight Knocked Qut ut Dex Mol DES MOINES, March 25 (Sp gram to The b Jim_ MeCoy knocke out Mike Mitzpatrick of Superior, Wis., in three very lively rounds here tonight BOSTON, Lewlston, fal Tel Highest of all in Leavening Power.—Latest U. § Rl ;THEIRWT"RIBli‘T'E OF RESPECT | | Both Houses of Congress Revera the Memory of Senator Colquitt. BUT LITTLE BUSINESS ow the Sad News Wi K blod Statesmen - Business of All Kinds Was Fut Asido for a Day. eived by t WASHINGTON, March 26 Senator Colquitt of Georgia was announced in the senate by Mr. Gordon, the colleague of the dead statesman words he briefly recounted the service of the dead senator in the fleld of politics and in his domestic life. The customary resolu- tion of regret was adopted and a committee of ten senators appointed to accompany the remains to Macon, Ga. The following committee was appointed by | the vice president: Senators Gordon, Mor gan, Butler, Ransom, Gray, Hoar, Proctor, Carey, Perkins and Ailen. |~ Prayer was offered at the convening of the senate by Mr. Colquitt's pastor, Rev. W. Canter of the Mount Vernon Methodist Episcopal church, and at o'clock the senate adjourned The house adjourned today after a brief session on_account of the death of Senator Colquitt. On motion of Mr. Rawlins of Utah a bill granting a tract of sixty acres in the Fort Douglas milita reservation to the ter- ritory of Utah for university purposes was | passed. At this point the se tary of the senate appeared and transmitted the resolution of sympathy and regret adopted by the senate out of respect to the late Senator Colquitt. Mr. Turner of Georgia, who had bee) chosen by the Georgla delegation to an nounce the death of Senator Colquitt to the house, then oge and sent to the clerk’s desk the usual resolutions of regret for attending the fyneral and for adjourn ment out of respect to his memory. The resolutions were adopted unanimously. The speaker then appointed the following committee to accompany the remains to Georgia: Messrs, Livingston, Holman, Bunn “abaniss, Maddox, McDonald, W. A. Stone, Cogswell and Grout. “Then, at 1 o'clock, as a further mark of respect, the house adjourned. BLAND'S STRE NGTHL Possibility of Passing the Seigniorage Bill Over the Presiden WASHINGTON, March tive Bland consulted his silver associates of the house toda a8 to the chances fo passing the silver seigniorage bill over veto. He found that most of the men who had voted for the bill stood ready to endo it even against a v Whether he wi the move or not is not yet cer the most al friends of the bill necossary two-thirds vote to overcome the veto could not be in_the house, and without this th 14 be nothing morc i protest. vote on the passage of the bill was: Yeas, 168; nay 23, and not voting, 5t This v vote was secured only after a protracted struggle, du which the housc was without ' quo much of the time It is believed to repre- sent almost the full strength of the bill, To pass the measure over a veto would re- quire 235 votes in a full vote, but us house is never to be expected, th present at the last vote is counted on being the number which would v. 1 the veto question, With such a membership two-th y to overturn the 11 19 thirty more £ nd coul The rom the fift iX not voting on the passage of the bill, as the original negatlve vote could be relied upon to sustain the veto. It is conceded by the silver men that they could not get the necessary (l 83 thil in any event the move to pasg the bill over the veto would be nothing more than a formality. FROM THE W ATHER BUREAU. Bulletin on the Pres the B . March 1t Cold Snap Tssued hy WASHINGTO! special bulletin “The following has been issued by (he weather bureau: The period’ of tremely stormy weather noted by the special bulletin, issued on the 23 ans been followed on Sunday morning by one of extreme cold, which extends over almost the entire country east of the locky mountains, minimum temperature ez ing and bélow being 1 this morning over all this veglon n the imme- diate coast of th states and IPlorida. innesota and the Dakoti ture this g was belo Georgia, essee, Lo 18, Arkansis southern Missourl the weather is the coldest of which the scrvice has record for ihis season of the ieneral frosts occurred Monday throughout the Gulf states and the middle and northern portions of the south Atiantic states, and the temperature will fall still lower Tuesday morning in the middle and south Atlantic With frosts as far south as Loul For the 1 WASHINGTON Pauncefote, 1 h another long interview Gresham in on matters. Thel efforts which ing to arri touching the this seas March 26.-8ir Jullan ambass with) with Bering e that. t} sth partie Lo satist roement ulation of the seal [l her likely to be crowneil suce within the next ten The vessels of the British navy which will co- operate with our naval force o police the ers are b or in the neishhorhood squimanlt, 1L C. The detail has not made’ known here, but the fritish sof in it working sels selected for the service can be conled and- supplicd with everything needrul for their criise in a very fow days ith pward (he Blana Bill, March 25, —8e tor expressed (he opinion nd i v Cleveland's Attitude WASHINGTON, Pugh of Alabama today that the president would s of the Bland bill, accompanied by a mes- sage explaining his objections to the | which would be based on the second tion, and saying, In effect, that if a bill could be pnased devold of the ambiguity of the bill now before him and providing for the colnage of the silver selgniorage it would receive his approval. The senatc also expre the opinion that in this event such u bill could he passed without much trouble or delay. Walting for 1is Tus WASHINGTON, March . son G. Walker, who has | the commund of the P not yet left Washington, veceive his instructions, course of preparati ment, amd the president seleeled Admiral Walker 'fo command, 15 taking 4 actiy the instrictions. It is expected the ad milral will veceive them in- time to leay here day after tomorrow, and will take th steamer of April 5 from San Francisco for Ho onw, Admiral John 1 assigned (o station, hus d to * now in depart who, " hinsel( the delicate interest in Representative not, as most of smen have done, with Chin; It vance upon the March 26 does WASHING Geary of the Pacific condemn the new treaty is, he says, a decided ast treaty, in that this government's r to absolutely prohibit immigration i coded by China. Another point Mr. Geary says, I8 recognition of the princi pal of registration pe cong asuey. The amount Receipts of (1 WASHINGTON, March 2 of silver dollars shipped from the subtreas. ury and the mints during the last w . Gov't Report, Powder ABSQLUTELY PURE The death of In a few touching [ ;v year. | norning | was $IT017. The shipments of fractional sliver coln from the Ist of March Hth aggregatod $606,07 The currency re- ceived for !r--lvmyy the treasury te ;Iu\ \ERTegnted 390,439, and the nationa ank notes, $159,740. ‘Fhe receipts of the CASUTY todny were as follo Customns, $792976; internal revenue, $870,403; miscels laneous, $23,756 i - EGRAPHIC BRIEFPS, TRANSACTED - Thirty fons of ore have the Smuggler mine, near runs 90 por cent pure silye Henry Markel, & painter, 21 years old, was arrested in San Francisco vesterday charged with setting fire to the house on Halght street, where Mrs. Ross and her baby were burned to death Saturday. Suit was filed in the United States circuit ourt by Richard Chute at San Francisco gainst the law firm of Butler, Stillman & Hubbard of New York for $25,000, alleged to be due for certain services performed. Whitehead, the territorial treasurer of Utah, appoluted by Governor Wost, took ®e of his office yosterd Josiali Bar- the retiring treasurer, turned over in ash $169,000, all of which was school funds, Prince Bezlow, the African prince in the class of 1895 Willlams collego, Magwa- chusctts, has rec to return to his native land and take posses- slon of the kingdom, which has heretofore been under the control of his uncle Hamilton White of Des Denver arranging to locate a colony farmers in_the San Luis valley Alamosa. The colony will he about 5,000 people, and they und a college and town as a Carrol . Wright, a_wealthy merly of Wyoming territory, has been miss ing for two woeks, and his friends tear foul play. He loft his boarding place in Chicago two weeks ago, saying he was going for a walk, and has not since been heard of, In the suit of Treasurer Lotz of Santa Clara county, Californfa, against Mrs. Jano Stanford and other logatees of the ostate of the late Senator Stanford to compel the payment of an inheritance tax on the tate, Judge Reyfiolds sustained Mrs. Stan- ford’s demurrer The consolids eon Aspen taken Colo, fron . tha Molnes, Ia., is In of lowa south of made up of will set entor miner, for fon of the steel casting com- panfes of the country, as reported from Philadelphla, was verified there yestorday. The gentleman who was interviewed fx prominent in the steel casting business. He sald the consolidation of interosts is in ng way a trust. Ofilcers at Los Angeles have arrested two men against whom detectives claim to hold enough’ evidence to convict them of the Roscoe, Cal, train robbery. One s Alva Johnson, who s supposed to be wealthy; tho other is John Smith, who formerly worked for Johnson on his ranch. Arthur G. Preston McNalty, the Englishman selected to manage Mrs. tey's 5,000-acre ranch in Lake county, a, has succeeded in making an tlement with Dr. Aby, the former ager, whose troubles with the cently occupied a share of pu Jesse Haller went to the Carpenter Dros ranch in McElmo canon, Colorado, Saturday to collect o debt. Harry Carpenter attacked Haller with an ax and Haller shot him killing him instantly. Haller was riding when Grant and Orie penter | n shootiug at him, wounding him in the shoulder and leg. young Lang Cali- foabl man- actress re- Altention. KNOWLEDGE Brings comfort and improvement anc tends to personal enjoyment when ¥iglitly iiod *Theimany iwhoilive bet: tor than othcrs and enjoy fife more, with less expenditure, by more promptly aiapting tha world's best products to the needs of physical being, will attest the value to health of the pure liquid laxative principles embraced in the remedy, Syrup of igs, Its excellence is due to its presenting in the form most acceptable and pleas- ant to the aste, the refreshing and truly heneficial properties of a perfect lnx- ative; effectually cicansing the system, and permanently curing constipation. 1t has given satisfaction to millions and met with the approval of the medical profession, because it acts on the Kid- neys, Liver and Bowels without weak- ening them and it is perfectly free from every objectionable substance. Syrup of Figs is for sale by all drug- gists in 50c and $1 bottles, but it is man- ctured by the Californin Fig Syrup Co. only, whose name is printed on every package, also the name, Syrup of Figs, und being well informed, you will nof accent any substitute if oflfered. LUXURIANT HAIR In produced by the Covievra Resenies when all others fail, s tho scalp of irritating, sealy, crusted and blotehy humors, stinula the | stroy mi. Which fucd on il hence succeed whon A\}UE(\!\IIQN’I'H- 'BOYD'S| Thurs, March 29 GRAND CONCERT, Come nud spend an evening with World's Greatest Niolin Virtuoso, LOOUARD REMENY! 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