Omaha Daily Bee Newspaper, June 19, 1894, Page 1

ESTABLISHED JU YADE THE LAWYERS HURRY | Federal Judges Bring Arguments in Maxi- mum Rate Oase to an End, POINTS MADE IN YESTERDAY'S DEBATE Position of Each Side Reviewed the Other—Justice Brewer Annc that & Declsion May Be Ex- pected In Two Weelks. by nees Owing to pressure of business on Judge Dundy and the fact that Justice Brewer had urgent business in the east, they lim- fted the time of the attorneys for arguing the maximum freight rate case fn the federal courts yesterday —morn- ing. This decision of the judges cut short the arguments on both sides, for Mr. Webster expected to consume the entire day in concluding his arguments, and At- torney General Hastings would have liked & couple of days in which to present the points favorable to the state, while Judge Woolworth, attorney for the plaintift rail- ways, could have easily talked a day and & half in conclusion. As It was the attorneys had to hastily concentrate their strongest points, and Mr. Webster began his concluding remarks by taking up the question of the earnings ot the respective roads, based on valuations per mile of the cost of the railways. He #ald that on a valuation of $20,000 per mile tho net earnings of the B. & M. were 37.9 and on the Union Pacific 26.7 per cent. He showed where the raflway companies had made large earnings on the main lines, but had squandered large sums in impractical work and the maintenance of branches, which absorbed their earnings in a desire to shut out some rival company. He desig- nated the management of these roads like that of some improvident merchant who looked after pennies and missed or squan- deréd the dollars. He showed that the B. & M. had to issue dividend stock in order to absorb its large earnings and sald that other roads had to pay a heavy rate of interest on watered stock and that many of the roads fixed their bonded fndebtedness as a basing rate for freight rates. This was designated as an exaction of double tribute from the people for whose benefit these roads were constructed. He took up the figures given in Dil- worth's evidence and showed that in many dnstances the rates made by the Newberry bill were higher than those made by the raflways, and also that the railways made some rates entirely out of proportion. Mr. Webster then took up the classifica- tion of freights, by this act of the legisla- ture, which was discussed briefly. He thought that' the enactments of the law should have been enforced first by the state, and then Tet the railroads find out by actual experi- ence whether or not the rates were unjust. QUESTION OF LEGALITY. Mr. Webster closed, and Attorney General Hastings began speaking on the legality of the acts of the leglslature. He had prepared a large brief, setting out authorities and decisions favorable to the defense, but owing to limited time he handed copies of it to the judges for their consideration. He spoke on the intention of the Newberry enactment and went on to show that it was in no sense = persecution upon the railways, nor was it unjust to them. He discussed the rates put upon grain shipments. It was claimed that this act did not interferc in any manner of form with the Interstate commerce laws, and that the federal court had no jurisdic- tion to entertain this action, either over the parties or the subject matter: He contended that the following propositions had been fully substantiated: . That the schedule of rates as provided in House Roll No. 33 can be, from the provi- slons, only just and reasonable rates. That the evidence fully sustains the propo- sitlon of the rates established by sald law being reasonable. That by reason of the evidence of the com- plainants and the railroad companies regard- 4pg the expenditures of their incomes they are estopped from denying the. reasonable- ness of the rates In House Roll No. such being the case, he asked that the bills of the complainants be dismissed, the tem- orary Injunction dissolved, and these de- fendants, the State Board of Transportation of Nebraska, go hence without delay. He further maintained that a railroad had no Tight to charge one man a certain rate and another man another rate for hauling the samo class of freight. He contended that under sections § and 6 of the Newberry bill, if the railways showed that these rates were unjust, such rates could be raised by the State Board of Trans- portation to a certain percentage, but this the rallways refused to do. Justice Brewer asked Mr. Hastings if the state was not overlooking a question likely 10 arise in this and all other similar cases, fo-wit: If It was not a fact that the state bad permitted the railways to increase their bonded indebtedness in hopes of paying off their actual indebtedness? Mr. Hastings contended that if this was a fact. the people of the state should not now bo burdened Wwith the past dishonest acts of others, He then pald attention to the salaries pajd a certain class of railway officials, who draw enormous sums from the railway companies annually for little service. Judge Woolworth took up the argument in the afternoon and began discussing the ap- proximate cost per mile of the Nebracka roads. He held that the maximum rates would not allow the roads a remunerative percentage on the amounts invested. The judge then took up the contention that the Newberry bill was illegally changed without the knowledge of the members by interpolations by an {rresponsible third per- ®on. This subject was discussed at some length and then he filed his answer to the @efondants’ attorney. Mr. Woolworth's re- ply In substance is: “Mr. Webster thinks some of our figures were presented without Seeing what they proved. He says they prove that the roads made 100 per cent in this state. Let us see what they are. He begins by taking the earnings and cost per ton per mile, and says theso figures show that the companies my 100 per cent. And he takes the figures given by Taylor for the Burlington and VanKuran for the Union Pacific. Wo are agreed the upon the figures. Taylor says that the carn- Angs per ton per mile on local frieghts were, in 1892, 2.097 cents and that the cost was 2.37 cents. Deduct this from the earnings and you have 7 mills left. This is net earnings and s about 833 per cent of gross earnings Instead of 100, Hero Is an example of the exaggera- tlons of Mr. Webster. But the data given by him lead to no result. You may have the earnings per ton per mile and the cost per ton per mile, but until you have the whole tonnage per mile you cannot de- termine whether you have any earnings. A rader may buy a quantity of cotton in bales. He knows what it cost him per bale and he knows what he wants to sell it for per bale. But it he has only ten bales he won't make enough for his trouble. Dut If he has 1,000, 000 bales he may make a good thing. Now, Mr. Webster did not go beyond the cost and the earnings per ton per mile, so that he eached no practical. result. Let us carry bo calculation to its logical result. Table b0 page 415, given by Dilworth, gives the umber of tons hauled one mile in this tate by the Burlington in 1892, It is 91,000,000 tons. We have seen that the net parnings per ton per mile were 7 mills multiply these two and you bhave 637,04 pet earnings. Reductions made by the pre 20.50 per cent of the earnings. The roings were that year $1,852,030 and a ttle over. That gives $546,645 for reduction y the bill. Now Interest also comes of. he mortgago is $20,000 per mile, or §2,221, 71.17 In the whola state, and, reduced fo cal freight, is $331,000. Add that to §$546, 5 and you have $577,801. Deduct your net roings, $637,979, and you have a loss of 239,822, . “Now take the Unmion Pacific. VanKuran E 19, 1871, " OMAHA, TUES DAY MORNING, JUNE 19, 1891, says the earnings on local freight per ton per mile were 1,984 cents and cost was 1135 cents, Deduct one from the other and you have very nearly 8% mills. The table shows the number of tons hailed one mile, 42,07 Multiply that by 81 mills and you have $365,247 net earnings. Reductions by the bill e $443,18 that more than the earnings by $77,940, saying nothing of interest. So that Mr. Webster's caleulation carried out to the end leads him Into a loss. Instead of our making 100 per cent we lose over 50 per cent. “Take his calculation again, He says the earnings of the Burlington were $1.853,036 and then he takes Randall's figures for cost, $900,000, forgetting that they are corrected by him and the cost really is § The correct figures spoll the wholesale statement of 100 per cent profit. But he stops there and does not follow out the caleulation to the end. Take the Burlington again De- duct from $1,856,026 earnings $1,221,746 cost and you have $635,200, wnich ls the net earning: that* is almost e tly what they were shown to be on the per ton per mile basis, Deduct reductions by the bill, $546,- 000, and interest upon $20,000 per mile at 5 per cent and you have a loss of $250,000 in round numbe The Unton Pacific comes out the same and so do all the other road VALUE OF PROPERTY. ow let us see what the testimony shows the property is really worth, or what the property may be reproduced for tod Day was the engineer of the Rock Island who built the road from South Omaha to Jansen, 104 miles, since 1890. He says that it cost, all things taken into account, $33,000 or $34, 000 without equipment.. We know that the Burlington road cost $74,000,000 and over in this state, with 2,200 odd miles of road. That shows that the road actually cost in money $34,000 per mile. In addition, you must pro- vide for machine shops and machinery, which are not included {n House's or Wakefleld's testimony, and terminals in large cities, which are just as mnec ary for local as through business. If you make a fair allow- ance for the cost of a purely local road in this state, well built and equipped, such as the public in this state demand on the lines, then $35,000 must be expended in its con- struction. Furthermore, that Is what the state board found to be the value of ail these properties in a thorough and extended investigation in 1892. If you take $30,000, which is the lowest that you can take as the present value of the railroads in this state, and allow 7 per cent interest upon the in- vestment, and you have under this bill rates which will not pay upon the value of the property at 7 per cent and operating expenses by $800,000, and the same s true on the Burlington. “Now one general remark needs to be made. We claim nothing here for dividends on stock; capitalization such as is described here does not enter Into the investigation. We throw the stock all aside. We are told that the Northwestern has made dividends on its stock and also on its preferred stock; there Is nothing in the record to show that, even If it be true. But the Elkhorn never made a dividend of a dollar. Operating ex- penses and interest upon $18,000 a mile have absorbed all the earnings by a small margin, which been necessary and has been ex- pended in developing the property. The Burlington, we are told, has made a_divi- dend of 5 per cent; very true; that certainly 1s not too much; but all that matter is out of the case; we do not cali upon stock at all, and it makes no difference whether the amount of outstanding stock is great or lit- tle. Now, take the matter of bonds secured by mortgages; the bonds on the Elkhorn and the Omaha roads are at the rate of $18,000 a mile and no more. The other side admit upon their own theory that the property is worth that much and more; so that in case of those two companies there is no earthly ground for contending that the property has been mortgaged and is charged with debts over and above what it is really worth. The truth i it has been bonded for nearly what it is, worth. “Now it is sajd that the main line of tha Burlington yielded 37 per cent. Notice what that {s upon; it is upon the backbone of the system, to which all of the other lines con- tribute business. Furthermore, it is upon all of the business—through, interstate and local; it is 191 miles of the through line from’ the river to Denver, a distance of over 500 miles; it is 190 mlles out of a total mile- age of over 2,200 miles. To single that par- ticular road out by itself and claim that its carnings are a just measure of the whole system is absurd. And to claim that our local rates are to be governed by the earn- ings on all business is also absurd. And the same is precisely true of the Union Pacific. WOULD MAKE LOSSES GREATER. “Now we are to remember that in all this investigation the figures upon which the calculations on both sides have been made are up to the middlo of 1893, and that from that time to this the loss on the business of these companles Is 25 per cent. If we may take our own stand upon the present condi- tions and make the figures upon earnings now belng made the disastrous effects of this bill would be greater. You may make these figures in any way you please, upon any data that this record contains, and the re- sult will prove uniformly the same as those which we have worked out. Mr. Webster says that the tables at the end, of the statement to my brief are not in evidence; that s true. But either they are i | taken from tables furnished by hls own sec- retary or from calculations accurately made and undisputed from the data furnished by thi gentleman. ‘One word as to the constitutional validity of the fifth section so far as its relates to the action of the supreme court. In the state against Wheeler in 23 Nebraska the court distinetly says that its functions are purely Judiclal; that they cannot be pérverted to an administrative character. Thnerefore, in that case the court held that it could not be con- verted Into a board to determine a contested election; no more can it be converted into | & board to determine whether rates are reasonable or not. To what I sald in my opening about the interference of this bill with interstate commerce let me add a single word, Under the interstate commerce law these companies were compelled to make “falr and reasonable’ rates, and, having done s0 and formuladed them in a tariff, pub- lished that tariff and filed it with the com- mission, these companies did precisely what the law required them to do. They then under. the act of congress, acquired the vested right to charge those rates they were en- titled to without any interference whatever by the states. If such Interference wns in- terposed it was usurpatio.’” OTHER ARGUMENT. Attorney Charles Green, for the B. & M., held that the legislature had no right to fix a maximum rate to the exclusion of all others. He thought that the State Doard of Transportation had been given pawer to lower the rates, but it could not raise the rates to protect any railway company from unjust dealings. The executive power had been placed in the hands of the judiciary, and vice versa, in this instance. He made another point to the effect thai the law con- flicted with the interstate commerce act and minated against the rallways to such an extent as to be class legislation. General Hawley of the Elkhorn road fol- lowed Mr. Green and explained what effect the enforcement of the lsw would have on raflways. He cited authoritles to substantl- ! ate him in asserting that the state could not properly become a party to this case, as It has done. He argued that the law was constitutional and confiicted ith ot laws which it was to r but which were not repealed and are in fall force and ef- fect This completed the arguments and Judge Dundy asked Mr. Webster if it was the in- tenticn to submit five cases which are sim- flar to this one on the same facts. This wis agroed o, and Webster made a motion that the caso against the Rock Island be dis- s d for want of prosecution, which was d ace now Brewer left for el last night and sald that he thought he would be able to hand down a decision within two weeks. Vigllant Pretty Well Togged Out. GLASGOW, June 18.~The Ameri yacht Vigilant was towed to Henderson's dock, teck, twenty miles northwest of this city today. The Vigllant is be thoroughly overhauled and in every way made ready for the Clyde regatta. FREE (AL WAS VOTED DOWY fenator Hill Makes a Spirited Speech on His Amendment, ONLY SEVEN VOTED FOR IT and Miscellancous Schedules Completed Yesterday—With the Ex- ception of HilN h There Was No Controversy. Paper, Conl Sp WASHINGTON, June 18.—The senate today after some routine business entered upon the twelfth week of the tariff debate. The tem- perature was sweltering, the mercury stand- ing 81 degrees in the chamber. Some private bills were passed, and while the senate discussing a bill which had been introduced by Mr. Peffer and favorably reported by the committee on agriculture, to pay $2,500 for an invention that would utilize electricity or gaseous vapors as a motor for agricultural machinery, the tariff bill came up. Mr. Harrls, however, allowed the passage of a joint resolution directing the secretary of war to appoint a commission of engineers to examine and report upon the cost of deepening the harbors of Superior and Du- luth. The tariff bill was lald before the senate, AL the request of Mr. Platt the two para- graphs, 208 and 299, of the silk schedule passed over on Saturday were again passed over today and schedule M—‘“pulp, papers and books,"—was taken up. Mr. Frye of- fered & protest against the first paragraph of the schedule, placing a duty of 10 per cent on mechanically ground wood pulp and chem- ical wood pulp, bleached or unbleached. The production of wood pulp, said Mr. Frye, was an_enormous industry, employing 70,000 men, turning out a product valued at $35 000,000 annually and paying an annual waj of $23,000,000. Under the operation of the present duty the cost of paper had greatly decreased. Wood pulp had decreased in price from 4% cents per pound to 1% cents in the last ten years. . It was produced in twenty-nine state but principally in Maine and New York. He appealed to the other side to make the duty specific instead of ad valorem and proposed an amendment to substitute equivalent specific rates, say $2.50 per ton on wood pulp mechanically ground, chemical wood pulp unbleached $5 per ton, and bleached $6.50 per ton. The democratic members of the finance committee refused to accept the amendment and it was rejected, 20 to 23. INCREASE IN PAPER DUTIES. The rate on sheathing paper and roof- ing felt was fixed at 10 per cent; on print- ing paper, unsized, suitable for book: and newspapers, at 15 per cent (an increase from the house rate on unsized paper from 12 to 15 per cent); on copying paper, filtering paper, tissue paper, sensitized paper, etc., 30 per cent (an increase of 5 per cent from the house rate); parchment paper, card board, photcgraph albums, wholly or partly manu: factured, 30 per cent; lithographic prints, 27 per cent; lithographic labels, 45 per cent (house rate 25 per cent); paper envelopes, 20 per cent; paper hangings, 20 per cen blank books, 20 per cent; books, including pamphlets and engravings, photographs, etehings, per cent; playing cards, 10 cents per pack and 50 per cent ad volorem; manufacturcs of paper not specially provided for, 20 per cont. This completed the pulp and paper sched- ules; and_the senate immediately took up schedule N, sundries. The following rates were fixed without debate: Hair, pencils and feather dusters, 30 per cent; brooms, 20 per cent; batton forms, 10 per cent; agate buttons, 25 per cent; pearl and shell but- tons, 1 cent per line and 15 per cent ad valorem; ivory buttons, glass, bome and horn, 35 per cent; shoe buttons, 25 per cent. It ‘was not untii coal was reached that op- position developed. The house bill placed coal on the free list. The finance committee amendment placed a_duty of 40 cents on bituminous coal and shale, 15 cents on slack and culm, and 15 per cent ad volorem on coke. As soon as the clerk had read this para- graph Mr. Hill and Mr. Peffer jumped to their feet. The New York senator was recognized, and he sent to the clerk’s desk an amendment to relegate bituminous cgal and shale to the free list. He supported his amendment with a speech. It was useless for him to enter Into a lengthy argument. He simply wanted to call the attention of his democratic colleagues to the fact that the country expected a dem- ocratic congress in any tariff reform meas- ure to place coal on the free list. During the course of his remarks Senator Chandler interrupted Senator Hill, express- ing the opinion that coal would be on the free list before the bill became a law, basing his opinion on the ‘“serene confidence’ felt by the Nova Scotia syndicate, with which Mr. Whitney was connected. Mr. Hill declared he was opposed to cer- tain features of the bill, the soclalistic and populistic income tax in particular, but no one, he declared, had a right to say he was opposed to the bill and was secking to com- pass its defeat. God knows what the bill will. be like when it passes the senate and comes out of conference,” said he passion- ately. “God knows how many more ex- tortions and concessions will be wrung from the unwilling hands of the committec. T re- serve the right to vote for it or not when I see what it is as a finalit SEVEN FOR FREE COAL. Mr. Squire, on béhalf of the Washington coal interests, thought it was unfair to ad- mit' Canadian’ coal at 40 per cent when Can- ada charges 60 per cent om coal imports, Mr. Perkins explained that he should refraln from voting on this paragraph because he had a personal Interest in coal mines on the Pacific coast., A vote was taken on Mr, Hill's amendrent at 3:30 and it was lost—T to 51, Messrs. Kyle, Allen, Peffer, popullsts; Hill and Irby, democrats, and Hansbrough and Washburn, republicans, voted in favor of the motion. The finance committee's amendment plac- ing a duty of 40 per cent on bituminous coal and shale and 15 cents on coal or culm that will pass through a half inch screen was then agreed to. Mr. Vest proposed a series of Increases of the duties on gloves which were agreed to without objection. The miscellaneous sched- ule was completed without obstruction and at 6:15 the senate adjourned. 25 DISCREDITED AT WASHINGTON, Chicago Police Say He Is a Crank Who Will Bear Watching. WASHINGTON, June 18.—Every police, secret service and treasury official here r gards as a pure fabrication the story pub- lished in the Post today that a grave an- archist conspiracy had been unearthed. Honore Jackson affects indignation that his name should have been used in connection with the story. Jackson's landlady Is indig- nant that she should have been brought into the fiction by having the street and number of ner house given and she does not scruple to say that Jackson wrote the article himself. DeMatters, upon whose statement the article is supposed to be based, is regarded by Chief Hazeu of the secret service and by the police detectives as utterly untrustworthy, CHICAGO, June 18.—'Jackson is a crank of the first water and thereforo will bear watching,” sald Chief of Police Brennan to- day, relirring o (o Indian halthreed wno is the alleged feadel of @n .filem\ narchist plgt to blow up {he capitol, the hq‘r T g 'uildlnsfis at Washington. “Last summer Jackson was afiliated with men known to be of an anarchist leaning in ths clty. It will be remembered there was to be a world's congress of anarchists in this city during the World's falr and that though thero were no public meetings thero was & secret session in Jackson's office. The police found mo occasion for interfering with the meeting and nothing was done.” reasury, Cash In the Treasury. WASHINGTON, June 18.—Cash balance in the treasury today whs ¥115,284.746, of which $68,484,446 was gold Tesérve. Advices from New York state that $1,500,000 in gold was engaged today for export tomorrow, of which $1,000,000 was taken from the sub- treasury. This leaved the amount of the gold reserye $67,484,446, TERN INTERENTS IN WASHIN WE: ATON, New PostofMices Wanted by South Dakota People. gressional Personals. WASHINGTON, June 18.—(Special Tele- gram to The Bee.)—Citizens of Campbell county, South Dakota, ask that a new post- office be established in that county. They petition that the new office be named Van- derbilt and that J. Pratt be made postmaster. Congressman Perkins this morning called up and secured the passage of the bill grant- ing right of way through the Omaha and Winnebago Indian reservation to the East- ern Nebraska & Guif railway. Representative Bryan and family left for Lincoln this evening. Mr. Bryan will attend the convention of the silver democrats to be held at Omaha June 21. Representative Mercer and wife arrived in Washington yesterday afternoon from thelr wedding trip., Mr. Mercer called at the Postoffice department today and succeeded in getting an assurance that additional let- ter carrlers for Omaha will be allowed. The business hag increased in size so rapidly that an additional foreé is made necessary. A special inspector has been detailed to in- vestigate the matter for the purpose of as- certaining just how. many extra carriers are needed. William Mackintyre of Watertown, S. will be a candldate for congress on the re- publican ticket, probably to succced Mr. Pickler. Congressman Pickler says he is confident that both he and Congressman Lu- cas will be renominated. Burleigh Milton of Redfield, S. D., will leave for his home on Thursday night. He says that he has reached the conclusion that he is not a candidate for congress.. He has resigned his position as private secretary to Congress- man Lucas and Ben Shannon of Huron, son of the editor of the Huronite, has been ap- pointed to succeed him. The comptroller of the currency has ap- proved the selection of the Globe National bank and Unfon Natiohal bank of Chicago as reserve agents for the Omaha National bank of Omaha. e Patents have been issued as follows Robert Sterling, Hartington, Neb.. mechani- cal movement. To lowans—John Jilek, Mon- ticello, sawing maghine; Eldridge H. Noble and J. W. Ward, Postville, mop wringer; Walter B. Thatclier, Oskaloosa, ice cream freezer. SPEAKER CRISP WAS ILL. D., Representative Balley of Texas Appointed to Preside Over the House. WASHINGTON, Juie 18.—A letter from the speaker was read in the house anncunc- ing that on account of sickness he would be unable to attend the session of the house today, and appointing Mr. Balley of Texas speaker pro tem. The deficiency hill was reported by Mr. Breckinridge of Kéntutky. Mr. Sayers of Texas will have cofitrol of the bill on the floor of the hou:e, 'The deficiency bill car- ries an appropriation of $4,890,503. The commerclal travelers’ bill, to permit the issue By railroads of joint, interchange- able 5,000-mile tickets, was passed today. The senate bill granting right of way to the Eastern Nebraska & Gulf railway. through the Omaha and’ Wighebago Indian reservation in the state of Nebiaska vas passed. The anti-option Bl was then launched upon its congressional voyage. Mr. Hatch opened the debate with a speeci”in favor of the bill. 25 . When Mr. Hatéh's time expized Mr., War- ner of New York dellvered a vigorous speech against the measurg. Mr. Brvan of Ne- braska, considered thls a Dbill to prevent gambling jn farm products, and it was un- just to his constituents (who -were mainly farmers) that the other men should have the right to affect the price of their product it they had taken the risk of rain and drouth and grasshoppers and cinch bugs. There was no difference between the action of the burglar who went to a man's home and robbed him of bis goods and the action of the men who, on the stock exchange, drove down the price of another man's pro- duct and thus deprived him of so much to which he was justly entitled. At 5:03 the house adjourned. WESTERN PENSIONS. Veterans of the Late War Remembered by the General Government. . WASHINGTON, June 18.—(Speclal to The Bee.)—Penslons granted, issue of June 6, were* Nebraska: Original—Arthur L. Shader, Lincoln, ‘Lancaster; Willlam M. Kelly, Rulo, Richgrdgon. Reissue—Thomas B. Larkins, Bartlet{, Wheeler. Original widows, etc.—Hanngh Waddle, - Omaha, Douglas. Towa: Original—Eugene M. Post, Cedar Rapids, Linn; Samuel Kinder, abula, Jackson, Renewal+Charles W. Polley, Wilton Junction, Muscatine. Renewal and increase—Benjamin G. Stanle Rossville, Allamakee. Increage—Marion F Colfax, Jasper; Robert J. Pray, Laporte City, Black Hawk. Original widows, etc.—Mary Ann Dougherty, Ottimwa, Wapello; Mary M. Righy, Mechanicaville, Cedar, South ~ Dakota: Original—Norman J. Pryor, Troy, Grant. Reigsue—Abraham W. Johnson, Groton, Hrown; Levi Spurling, BEast Plerre, Hughgs Original widows, ete.—Nellie E. C. onrge, Sioux Falls, Minnehaha. 3 Montana: Relsstie—=Ira 8. Cameron, Madison. Colarado: Original—George Leher, Logan, Arapahoe. Olney Put on a Sub. WASHINGTON, Juge 18.—Attorney Gen- eral Olney sald today'there was no truth in the published statement that he had de- cided to enter suit for $171,000,000 against the Pacific bonded rallroads, but had employed Attorney Russel for the purpose of handling the suits, 3 Senator Gorman Back In Washington. WASHINGTON, June 18.—Senator Gorman has returned to Washington and was in the senate today for the firsy time In two weeks. He has not yet entirely recovered his health. ! Livermore, Fort Stout Fulla 1§ Bemembered. WASHINGTON, Jund18.—In the deficiency bill the appropriatioris for completing public bulldings under way are: BIL Paso, Tex., $7,000; Port Townsend, $11,000; Sacramento, Cal., $10,000; Sigux Falls, S. D., $15,000. WEALERS BDREAR FORTIRERTY. Several of the Lenu;nworth Crowd Escape ‘When They Heir of Their Conviction, LEAVENWORTH, Kan, June 18.—The jury returned a verdiee finding Sanders' Commonweal army guftty, as charged in the information. When the news of the verldet was coiveyed to the camp of the Commonwealers on the military reserva- tion, quite a Commotlon was raised. The prisoners became exdited, and a rush for liberty was made. The deputy marshg took after two men, firlng on the hitting and bringing do e man, who after- wards crawled away in the brush. During the confusion early forty of the convictec Wealers made good their us . Company ¥, Sixth cavalry, was called from Fort Leavenworth, and t remalning prisoners surrounded and brought back to Leaven- worth for safé keepig until' sentenced to- morrow. Theygonvieted men were divided into squads amd sent to Topeka, Lawrence, Kansas City and Atphison to serve what ce is given at the falls In those i | T ts of Seagoing Veasels June . 17. At New York—Arriyed—Lochmaree, from Rotterdam; Friesiand, from Anthwerp; Tauric, from Liverpool; Scheldam, from Amsterd At Arrived~Furnesla, from At ° Moville—Arrived—Sardinian, Montreal. . At Liverpool—Arriyed—Scythia, from Bos- ton; Cuflo, from New Yotk At Glasgow—Arrived=-Assyrian, Montreal At _ Southampton—Arrived—Elbe, New York At San Franciseo, Colima, for Panams. from from from June 18-Depurted— CYCLONE IN SIOUX COUNTY Terrible in Its Severity, but Comparatively Small in Scopa, MUCH FARM PROPERTY DESTROYED Man and Horse Blown Through the Roof of & Shed and Landed Two Hundred Feet Away Without Injury to Either. HARRISON, Neb,, June 18.—(Spec'al Tele- gram to The Bee)—The north part of Sioux county was visited yesterday by a cyclone, which was terrible in its severity but com- paratively small in its scope of territory. It was about twenty rods wide and five miles in length. Everything in its path was swept from the earth. A log fourteen feet in length and fifteen inches in diameter was picked up and carried a distance of sixty rods. The barns, sheds, wagons and im- plements of D. W. Woody were completely demolished, and ten rods of a wire fence was swept clear. Rufus Woody and his horse, in a shed, were picked up and car- ried through the open roof and landed again about 200 feet away. Neither received any serfous damage, although Woody's face w considerably bruised by the flying sand and gravel and his clothes torn from him. No other reports of damage have yet come in. KAIN AND HAIL. Stones of Regulation Exeter. EXETER, Neb., June 18.—(Special to The Bee.)—This section of the country was vis- ited by a tremendous rain and hail storm this morning about 3 a. m., and lasted nearly an hour. Many hailstones the size of hen eggs were picked up. The most of them were flat and round and about the size and shape of quarter and half dollars. A number of window glasses were broken. Gardens were pounded into the earth and small fruits were nearly all stripped off the trees and bushes. There has not been as much water on the ground for two years as there Is this morning. Another nice shower fell about 7:30 a. m. Such of the farmers as have come In from the country report that their crops were not damaged to any great extent. GORDON, Neb., June 18.—(Special Tele- gram to The Bee)—A fine rain fell here last night. This rain, on top of that last week, Insures about three-fourths of a crop of small grain, as it brought the wheat out wonderfully. The prospect for a corn crop is better than it has been here for five years. YORK, Neb., June 18.—(Special to The Bee.)—A copious rain fell here carly this morning refreshing vegitation and making farmers feel confident of a good covn crop. The rains of the past two weeks have brightened the prospects very mmch. The oats and wheat, which were supposed to have been beyond recovery, will make part of crop. LAWRENCE, Neb., June 18.—(Spezial to The Bee)—This section was twice visited last week by beautiful rains, which though too late for small grain gave goud promise of big corn, hay and potato crops. SURPRISE, ‘Neb., June 18.—(Special to The Bee.)—There was a heavy shower this morning, lasting about. three -hours. €rops are picking-up finely. DUNCAN, June 18.—(Special to The Bee.) —The dry, hot weather which has prevailed the last ten ddys was broken by a heavy rain_this morning. While It Is too late to do wheat and oats any good It will make corn, hay and beets a sure crop. FALLS CITY, Neb., June 18.—(Special to The Bee.)—A bountiful rain commenced here this morning and has continued all day. The prospects for corn are now great and the farmers say that the yield this year will be greater than ever before. STERLING, Neb., June 18.—(Special to The Bee.)—Rains are coming thick and fast now. The Nemaha has risen quite rapidly and much damage was done to the mill dam, causing suspension of work at the mill. Cherries turned out to be an abundant crop in this locality and are on market at the present_time. - GREELEY CENTER, Neb., June 18. (Special Telegram to The Bee)—A heavy rain of an hour's duration fell here this morning and_the ground is now thoroughly soaked and Greeley county will have an im- mense corn crop. BEEMER, Neb., June 18.—(Special Tele- gram to The Bee)—A good, soaking rain this morning has improved conditions and crops generaily are looking well. PLATTE CENTER, Neb., June 18.—(Spe- clal Telegram to The Bee)—The rain came down in_torrents this morning for three hours and will send the corn crop and garden vegetables skyward. It will be too late for the small grain, which will not be more than one-fourth of a crop. Farmers and merchants are jubilant. BROKEN BOW, Neb., June 18.—(Special Telegram to The Bee)—This locality was fayored with another good rain last night. Many think since the recent rains that much of their wheat will make half a crop. Corn never looked better this time of the year in Custer county. The potato crop and millet bid falr for a_good yield. MONROE, Neb., June 18.—(Special to The Bee,)—The drouth was broken in this vicin- ity by a nice rain this morning, which will help corn and potatoes greatly. Corn Is a good stand, well advanced and clean. Winter wheat will make about 60 per cent of a crop, oats, barley and rye not over 40 per cent, while hay 1s almost a failure. HUBBELL, Neb., June 18.—(Special to The Bee)—Kully one inch of rain, with considerable hail, visited this locality this morning. The prospects are for a good corn crop. Size Fall at MISSOURI RIVER RISING. Doing Much Damage in the Vicinity of Nebraskn City. NEBRASKA CITY, June 18.—(Special Tele- gram to The Bee.)—The river has been rising rapidly during the past twenty-four hours and this morning overflowed the dyke at the head of the island above the opposite city. The dyke was constructed several years ago to throw the channel on the west side of the island, and should the dyke glve way the B. & M. bride here would be left span- ning a creek. Several cornfields on the lowa bottoms are submerged. Three thousand feet of the B, & M. track below Peru s below water, practically block- ing the road between this city and Beatrice. Trains run from this city to Brownville, but s0 far no arrangements for transfer have been made. SIOUX O] June 18.—(Special Telegram to The Bee.)—The Missourl river is rising at the rate of two feet every twenty-four hours, with reports of hea rises above the city. The water is now higher than since 1881, when di-astrous floods occurred along e river. The water was pouring over the Nebraska banks into Crystal Jake today, and hundreds of acres of bottom tands above and below the clty are inundated. The banks here are too high to permit an overflow, but the stage of water here is such that when it reaches Omaha it may result In some dam- age. Snow water from the mountains is the occasion of the rize. Houses Struck by Lightning. BEEMER, Neb., June 18.—(Speclal Tele- gram to The Hee)—Lightning struck the house occupled by H. Wardell this morning, setting it on fire. Mr. and Mrs. Wardell were rendered insensible, but in a ghort time fully recove FAIRBURY, Neb., June 18.—(Special Tele- gram to The Bee.)—The residence of J. 8. McCoy was struck by lightning today during a severe thunder storm. The building was badly damaged and Mrs. McCoy and a young child were stunned, but have recovered from the shock FALLS CITY, Neb., June 18.—(Speclal to The Bee)—During a hard v starm this small brick of town, lightning struck the the north part extent of $50. 1 Burst Near Wichita. WICHITA, Kan, June 18.~A cloudburst occurred in the southern part of this county this afternoon that was terrific, but owing to the wires being all down no details can e secured from th 18 related that soveral feet of water on the streets of Mulvane at one time. The big Arkan- sas bridge at Derby wis swept awiy by the sudden rush of water. =~ The suppori- tlon fs that alarming damage has - been done, morning school building In damaging it to the il JUDGE TOURGEE K. Not Thorougly Satisfied with the Drift the Party I the Ra NEW YORK, June 18.—Judge W. Tourgee, who has been the candidate for the republican tion in the Thirty-fourth slona district in this state, has with. drawn from the fleld. He written an open letter addressed to the republicans of w York state In which he presents in des tail the reasons for his action. He the republican party In this state seems to him to be drifting away from its solld prins ciples of “free speech, free soll, free men.' Judge Tourgee says in conclusion: "I have an abiding faith in the American people and the voters of the republican party. [ have no mage doubt of their inclination and ability than 1 have of thefr ultimate determination to overthrow oppression and establish justice for all. 1 recognize the fact, however, that uch determination must, in both cases, re. sult from individual conviction of the nece and efliciency of individual action. Such con- viction can only arise from such discussion and illustration as shall bring the matter home to the attention of every voter. DEMOLISHED A STREET CAR. IRES, ot Alblon leading nomin congre Eight Passengers Injured and Three of T m Likely to Die PATERSON, N. J., June 18.—The Deck- crstown express on the New York, Susque- hanna & Western railroad, going at a rate of thirty-five miles an hour, ran into and de- molished an electric street car at the River strect crossing today. There were elght passengers, a motormsn and conductor on the electric car. Three of the passengers were, it is believed, fatally and five seriously hurt. The police say that the gates of the railroad crossing were up. A switch filled with box cars obstructed the view of the track on which the express train was ap- proaching. Among those injured are: JOSHUA O'BRIEN, internal inurfe:, MATILDA CLAXTON, school teacher, jured about the head, but not seriously. LAURA BERCHERNOUGH, school teacher, slightly injured about head and body. ELLEN CULLEN, an elderly woman, in- ternal_injuries: taken to her home. FREIDA WELLER, school teache jured about the head and body. P —— BURLINGTON EXTENSION. in- unction Will 3e Effected with the Northern Pacific Decomber 1. SHERIDAN, Wyo., June 18.—(Special to The Bee)—The track has been laid on the Burlington extension to the town of Pas: twenty-five miles from Sheridan. Sixty subcontractors, who employ 2,000 men, are engaged on the work. Kilpatrick Bros., the contractors, believe that the last spike At the junction with the Northern Pacific at Billings, Mont., will be driven by De- cember 1. Big Horn Basin People Organize. BUFFALO, Wyo. June 18-—(Special to The Bee.)—A mass meeting of the residents of the Big Horn basin was held at Alamo last week to perfect an or to forward the cause of county following petition to Governor Osborne is now being circulated: “Sir: The undersigned petitioners re- spectfully represent that they are property taxpayers, residing within the limits of Big Ilorn county; that they desire th same organized for all purposes of sel government; that they hereby petition for the appointment of W. D. Plekett, H. L. Perkins and . 8. Collins, residing within said county, to act as commissioners in organizing said county of Big Horn." 1t is understood that the residents of Fre- mont county will endeavor to bring an in- Jjunction to prevent the detachment of any of the territory from that county, claiming that the county does not own the requisite amount of property. /The meeting author- jzed the president to appoint a committee to conduct the defense in the event of an injunction being brought against the peti- tioners. — e MURDERER MARRIED IN OMAHA, Frank A. Kurtz Ma%es a Last Explanation BefoFe ecutlo CHICAGO, June 18.—(Special Telegram to The Bee)—Frank A. Kurtz, under sentence of death for the killing of his wife, written the following letter to a paper: CHICAGO, TIL, June 16, 180(.—To the Bd- ftor: 1 wish you would please correct }'nhl‘ statement in Saturday’s paper as to calling my wife Mrs. a Moran. We have no proof to show that she was married to this man, Mr. Moran, and it cannot hé proved that' she was the lawful wife of him, but I wish to state that I was married o her in Omaha, June 2, 1889, Tf T get a new trial 1 intend ‘to prove that she was married t me. Furthermore, T want to deny what m stepchild said—that 1 beat and choked hel I deny that up and down. I can prove this by witnesses. I am no brute like that, but I have s pped her sometimes when he gassed or would not mind, for which I don't think the public would ‘blame me, as a stepfather, for 1 wanted her to do right nm! ow up that way. I thought, and I think as much of her as if she were my own child. If it had not been for me her mother would have had her ruin herself on the streets. he rest of the letter is an account of alfeged dolngs of the stepdaughter and her mother,which that they kept certain company which Kurtz didn't like, e EXONERATED THE COMPANY, local Verdict of the Cor r in the Case of the Entombed Miners. CITY D., June 18.—(Speck Telegram to The Bee)—The body of v llam H. Chubb, the last of the thre fated miners entombed at the Ajax No. 1 mine on Wednesday last, was recovered vesterday morning, death resulting from Auffocation, The wroner's jury returned a verdict that Lee, Bar i Chubb came to thelr death by the caving of w tunnel, and exonerated the company from all blame. LEAD South Dako SIOUX FALLS, 8§ to The Bee)—On W of this week there a Viremen. D.. June 18.—(8pecia dnesday and Thy will be held in this city the eleventh annual wention of the South Dakota Firemen's association. This assoclation has glven up the fdea of a tournament this year, and will spend a couple of days i talking over matters relative to the work of firemen. The jro- gram for the convention i as follows Wednesday—Tteception of visitors; meeting of board o vol; mecting of state nsso- clation. Thursday—Election of office annual parade; annual inspection of th Sioux_ Falls fire department; evening, me ing of bourd of control stion: ball, Fifth Towa Cavalry, A meeting of the late Fifth Iowa cavalry will be held at the Murray hotel Wedn June 20, at 9:30 a. m., snarp. Per committee, ay, order o WEATHER FORECAST. Generally Fair and Warmer Nebraska Tuesdiy. WASHINGTON, June 18,~The for Tuesday are: For Nebraska slightly warmer in southeast winds. For lowa—Falr; winds. For Kansas—Falr warmer west wind For South Dakota—Generally fair; bly cooler in western portion; winc coming northwest For Mlissouri—Falr; wa tlonary temperature 'in Louls; east winds, In Eastern indications fairt tern Generally thy probably portion; warmer; southeasterly rmer, ex the vicinity of SINGLE COPY FIVE CENI R —— T0 CORNER TAE COAL MARKET Shrowd Scheme of Operators to Take Ad* vantage of the Public Misfogtune, BRIBING THE MINERS TO STAY ON STRIKE Ten Thouss Plenty Pros spirac nd Offores More to t The with a Plromse of Thre: to for Con- Detalled. Operators Bribers Plan CHICAGO, Juno 18.~A speclal to the Times from Cincinnati says a gigantic cons spiracy to corner the coal market by bribing striking coal has been developed here. Large holders of coal in Chicago sent an agent to this city to engineer the scheme and he offered a representative of the miners §10,000 to stay out until October. June 9 Mayor Montgomery of Montgomery Clty, W. Va, received the following tele- gram: “Kcep the miners out at all hazards unless they get price, Will furnish $10,000 in provisions and meet you fn Cincinnati at any time." Mayor Montgomery, Chicago agent here. miners arranged to meet the With Montgomery came Mayor William Sharp of the Forest Hill mines, Captain Enoch Couch of Charleston and several Kanawha valley miners. Bes fore leaving for home Montgomery tele- graphed ahead to the miners stating that he would lay the Chicago proposition bafore them that night. The plan is for the Hock- ing valley miners to stay out also. Opera- tors threaten prosecution to the full extent of the law for conspira Before leaving Montgomery said: re is no limit to the amount of money Chieago people are will- ing to spend. ‘Pheir representatives tendered me a certified check for $10,000. He sald there would be plenty more money for the miners and he would have given me $100,000 for myself if T had agreed to engineer the thing through.” Operators of Chesapeake & Ohio and New River coal fields are affected.s The names of the speculators are unknown here, RESUMPTION NOT PERFECTED. Factories Resuming on the Supposition thas the Strike 14 All Ove PITTSBURG, June 18.—The e tlement of the strike and the return to work of 15,000 of the 20,000 miners in this strict has given an fmpetus to all kinds of business, and the situation is more hopes ful than at any time for many months. Among the large plants in this city which resumed today after a long idlencss were the Carbon Iron & Steel company's works, Oli- ver's Twenty-sixth street works, Sceg & Co.’s works, Shoonberger & Howe and Brown & Co. The latter has been shut down for two years and started up in full, giving em- ployment to 500 men. The Black Diamond Steel works ‘will also begin operations this week, and the Edgar Thompson Steel works will start again as soon as a sufficient supply of coke Is received. At McKeesport everys thing s quiet, but it is thought the tubo works will start up goon, as many of the strikers have expressed a willingness-10 re- turn “whenever the firm. was ready to res ‘sune: gt s p: At Scottdale the Scbttdale Iron & Steele company’s plant resumed in full, after an idleness of several weeks, A well informed authority in the coal busi- ness estimates that the coal strike in thig district has cost the miners in wages $1,500,~ 000, taking it for granted that the normal output of the region had heen maintained. In proportion to the general output this dis< trict mined about one-sixth of the coal dug in’ the area affected by the strike. With a reasonable proportion between the prices paid in this and other districts the loss in wages alone, says the same authority, would be over $10,000,000. Estimating the gain of the miners by the settlement of the strike to be 10 cents a ton over former prices ft will take them about one and a half years to make up by increase of earnings for the time they have lost. MARTIN'S FERRY, 0., June 18.—The miners at the Laughlin Nail works, Gaylord, Long Run, Bellaire, and other mines re- turned to work today and a general break-up 1s expected. The Wheeling Creek miners are still out. Several factories are preparing to resume In view of a prospective fuel sups ly. 3 Contrary to expectations, however, there was no general resumption of mining operas tions in the Pittsburg district today, al= though at most of the railroad mines and at many of the river mines the diggers have taken their tools to the pits and are making preparations to start, There are many iror disputes to be settied ¢ 41 it will be several days before the collieries are all running. Along the Whecling division of the Baltimore & Ohlo and in the West News ton districts the miners were nearly all at work, but in the Montour, Wostmoreland and thick vein districts the diggers were out, the operators refusing to pay but 52 cents per ton instead of 56 cents as agreed ai Columbus. In the river district the men are still_out in the sccond and ' fourth pool. The operators object to signing a yearly agreement and the miners will not go back until this is done. At Manown work hag- not been resumed, but will be shortly. Thes deputies are still’ on duty. UNION GAINING SUPPORT, More Miners Favor the Accepts anece of the Compromise. COLUMBUS, 0., June 18.—Letters and telegrams today to the national headquarters of the United Mine Workers of Ameriea give unmistakable evidence that the sentie ment In favor of sustaining the national officers s growing rapldly. It is belleved at headquarters that at least two-thirds of the Ohio miners resumed work this morning, although no information had been received on which to base an estimate of the exact number. + President McBride is of the opiuion that all except those (n the Massillow fleld will resume operations prior to the close of the present week On the Columbus & Shawneetown road the small mines are walting to see what the proposed Adems convention Wednesday will do. The Double X mine at Shawneo fs cleaning up today and expects to resumo work this afternoon or tomorrow. The Columbus, Hocking Valley rallroad will move today 300 All the mines in the valiey it New Straitsville, The works at New Straitsville are large, but the mines in operation ave larger than the mines in Nelsonville, i tho hig meoting was held Saturday night at which President MeBride spoke, It will be two or three duys before the railroad company moves its usual large tonna More and & Toledo cars of coal. ro in operation ORIO STRIKERS ARE OBDURATE Men Say They Wil Stay Out for d Fight if Necessary. CLEVELAND, June 18.--Reports recelved trom points along the Cleyeland, Lorraine & Wheeling road this morning show that work was resumed at only twenty mines along the entire road. These mines were at Rock Hill, In the Massillon district not a man went to work, the miners having decided in masg meeting not to abide by the Columbus agree~ ment, They will hold out for a 16 cent differential over tho rate paid in the Hocking district. The militia continues to guard afl bridges and trestles along the Cleveland, Lorraine & Wheeling. In conversation with miners at Camp Bles today they stated that us long as the differ entlal was withheld not a pick would be raised, and thet if scabs were chosen In their stead there would be the biggest riot in the history of the country, and that thg More Pay