Omaha Daily Bee Newspaper, October 14, 1894, Page 5

MASTER CORNISH'S REPORT Condition of the Union Pacific's Non-Paying | Branches Bet Forth. HCW SOME CF THEM MAY BE HELPED | Recomuendation that the Operation of Certuln Ones Te Discontinued and that Several Contracts Be Renonnced— Full Statement of Flnances, Two reports of the utmost Importance to the interests of the Union Pacific system were filed yesterday by Special Master in Chancery Willlam D. Cornish in the office of the circuit court for the district of Ne braska, covering findings and recommenda- tlons in the matter of non-paying roads of the Unfan Pacific system and the report of the speclal master upon the petition of the re- celvers asking to be relieved of the obliga- tlons under certain contracts, Judge Cornish has had a mass of testi- mony and countless exhibits to read and digest In his office of special master, ap- polnted by Judges Caldwell and Sanborn, to act as the intermediary for tne court. According to his instructions hearings upon the matter of non-paying roads were held in Omaha and New York, beginning August 15 and continuing at variously adjourned dates at the places mentioned until a few days ago, when he finished taking testimony in the Grand Island cases. Upon the questions arising out of the petition of the receivers with reference to the Denver, Leadville & Gunnison rallway line the master resery a report for further hearing. Upon other matters referred to him Judge Cornish re- ports, As to the Carbon Cut-Off Rallway com- pany, wiich has been operated by the re- celvers in connection with other propertics embraced In the recelvership, the master states that he has taken an account of the results of the operations of the road from October 13, 1803, to Juiy 31, 1394, and finds that for xuch periods the gross earnings therefrom amounted (o $23,494.66, and that the operating expenses and taxes amounted to $23,108.18, a net surplus of $386.48. That during said perlod the property was oper- ated at a loss in October, 1893, March, April, May and July, 1894, and was cperated at a profit during the months of November and December, 1803, January, February and June, 1894, Ha further finds that by reason of the physical condition of the property and the necessity of making extensive repairs and betterments the further operation of the property upon the present basis of divisions of revonues will result in a final balance of loss. s He further finds that should the operation of sald property by sald rececivers result in a deficiency of earnings over operating ex- penses and taxes the same will constitut. a Just and proper charge upon the property of the Union Pacific Railway company, and should be borne and paid by said receivers out of the revenues derived by them from the operation of the property of said last named company, and that the same should be charged against sald property and revenues In a manner later stated. FAVORS CONTINUED OPERATION. He further finds that in the division of earnings upon the business interchanged be- tween said Carbon Cut-Off railway lincs and the other rallway lines operatd by said te- ceivers that said Carbon Cut-Off raflway has been allowed a company rate upon all freight belonging to or handleéd for said other rail- way lines of % cent per ton per mile, and in view of the condition of said property he recommends such allowance on company freight be so modified that sald company be allowed and receive upon all such company freight % cent per ton per mile. He recom- mends that the recelvers be allowed to con- tinue the operation of said railway in con- nection with the other parts of the system. As to the Brighton & Boulder branch he finds: That since the time when the Union | Pacifie, Denver & Gulf company's property was delivered over to Frank Trumbull, recelver, December 18, 1803, it has been operated by the receivers of the Uaion Pacific in connection with other com- panfes. In an accounting which he has made between October 13, 1893, and July 31, 1894 inclusive, the gross earnings of the property were $28,884.73, the operating expenses and taxes amounting to $34 571.52, n net loss of §5,686.70. That during the period named the property was operated at a loss during each month except the months of October and November, 1893, and January, 1894. In his recommendation he asks that the Brighton & Boulder branch be allowed a constructive mileage of one and one-fourth miles for each mile hauled on its lines s against straight mileage upon all other lines, and that the receivers should require the same allowance in behalf of the Brighton & Boulder branch as against the Union Pacific, Denver & Guil, and its receiver in business interchanged with the lines of said company. He recommends that the receivers be al- lowed Lo continue the operation of the prop- erty. As to the Junction City & Fort Kearney Tallway company, he finds that from October 18, 1893, to July 31, 1894, the gross earnings ot sald property amounted to $95,281.8 ; the operatlng expenses and taxes paid amounting 10 $137,377.23, a net loss of $12,056.42, which has been borne and paid by the receivers of the Union Pacific system. That during said period the property was operated at a loss in each month except the months of Decem- ber, 1893, January, February and March, 1894, Ho finds that modifications may justiy be made in the divisioz of the revenues derived from the interchanged business as between the.Junction City & Fort Kearney rallwav and other lines embrac:d in the re- «ceivership, and recommends that the account of the operations be modified by increasing the allowance to the Junetion City & Fort Kearney railway lines on commercial freignt earnings on trafic from the Kansas division main line, Kansas City to Junction City as follows: From Junction City to Wakefield, increase the present porcentage of 40 per cent to 48 per cent; Broughton to Lawrence- burg, from 52 per cent (0 60 per cent; for stations north of Lawrenceburg from 65 per cent to 73 per cent, and that all other per- centages remain unchanged. He recom- mends the continued operation of the road along the lines laid down, REPUBLICAN VALLEY LINE. In regard to the Omaha & Republican . Valley, he finds: That between October 13, 1893, and July 31, 1894, the gross earnings were $825,073.74, the operating expenses and taxes amounting to $900,190.66, a net deficit of §75,116.92. In order that the receivers | may continue the operation of the road he | recommends that the percentage of joint | earnings allowed to the Omaha & Republican Valley railway between points on the main | division of the Union Pacific east of Valley and points west of Valparaiso and south of | Lincoln be increased from 73 per cent to 80 | per cent, and that the road be allowed for baullng empty cars over its lines on ac- count of other lines in the system where the Omaha & Republican Valley lines re- celve no freight, on account of which and to secure which the cars are sent, 5 cents por car per mile for freight cars and 10 cents for passenger cars and for engines moving from one division to another a trackage charge of 25 cents per mile, That in such cases the customary mileage charged upon empty cars be waived by the other lines, on account of which the cars are hauled. The Sallna & Southwestern Rallway com- pany earned from October 13, 1893, to July 31, 1894, $41,017.01, the operating expenses nd taxes amounting to $52,621.04, & net deficit of $11,604.03. He thinks that modi- fications can' be made in the division of revenues that will permit the continuance of tho operation of the road by the re- colvers by an Increase of the percentage of Joint earnings from freight trafiic Inter- changed with the Kansas division of the Union Pacific, east of Selina, of 7 per cent, making the percentage 47 per cent {nstead of 40 per cent. In relation to the Denver, Leadville & Gunnison a stipulation has been made with the counsel for the recelvers for an adjourn- ment of the hearing until such time as can bo fixed by the master. As to the Kansas Central Rallway company, ho finds that during the period mentioned the gross earnings were §126,666.06, the oper- ating expenses and taxes being $159,432.30, & defloit of $32,766.24. That the property has operated ‘at a loss during the months of November, December, 1593, May, June and July, 1894, and at a profit for the months | tair condition, | sparsely settied, | ate future is not promising | been less than the rental. 1893, Jamuary, February, March | Kearney & Black Hills road 25 per cent of and April, 1894, He finds that thare are no modifications or adjustments of frelght or passenger rates allowed to =ald line that can | be made which would materially inerease its | revennes. As to the physical condition of the | road, he says the surfaco, road bed, ditehes | and ties are In good condition, that the raiis | from Leavenworth to the seventy-third mile | post are in great part second hand steel, being in fair condition; that the rail, other than steel rail, within' said limits 15 fron, fitty or fifty-eight pounds to the yard, in and that with ordinary re- pair it will continue reasonably safe for three or four years; that the rail on the line from the seventy-third mile post to Garrison Cross- ing, a distance of forty-four miles, with the exception of about three miles, which is steel rail, fifty-six pounds to the yard, and in falr condition, is thirty-five-pound’ iron very tough and in good condition, and a #mall amount of repairs can be kept reasonably safe for a year or iwo. There are two wooden truss bridges upon this line, one over the Blue river and one over the Repub- llcan river, in good condition, the bridges belng supported by temporary braces, which nust be renewed not later than the summer f 1895, and that they can be replaced with new fron bridges at a cost of about $15,000 sach. The country through which the road passes and from which it derives its business Is between Soldler and Garrison crossing that the crop along the line during the scason of 1893 was substanti- ally lost through drouth and that for 1564 the crop along the entire iine has been very light for the same reason and that the prospect of a paying business for the immedi- He recommends that the receivers be allowed to operate the road o long as in t Judgment they can perate the same safely and with benefit to the property and that they be allowed to make such repairs and betterments as will keep the same in safe condition, and that they be allowed to advance and charge out of the moneys of the Union Pacific such sums as niay be necessary 1o meet the de- flcits arising out of its operation. MODIFICATIONS SUGGESTED. In relation to the Kansas City & Omaha Railway company he finds that between the gross earnings, the operating expenses and taxes thero is a net deficit of $40.851.40 and that for nearly all the months the property has been operated at a loss. In order to con tinue the operation of the road he recom- mends that a proper charge be made upon the St. Joseph & Grand Island Railroad com- pany, the Omaha & Republican Valley Ralil- road company and the Union Pacific Railway company, severally, in the following propor- tions: Sixty-eight per cent on the St. Joseph & Grand Island, 14 per cent on the Omaha & Republican Valley, 18 per cent upon the Unifon Pacific. He recommends that the re- ceivers be allowed to make such modifications in the division of revenues and of the rout- ing of business as in their judgment shall be Just and equitable. As to the Atchison, Colorado & Pacific and the Atchison, Jewell County & Western, he revicws the mode by which these properties came into the hands of the Unio) Pacific citinz that in 1879, for a period of twenty-five years the (entral Branch leased these lines at a yearly rental of §1,000 per mile, and that on September 30, 1885, the Central Branch subleased to the Missouri Pacific for the term of twenty-five years. Said lease Is still in existence, and all questions arising between the receivers and the Union Pacific and the Missouri Pacific under sald lease or upon any accounting thereof are reserved for Zurther consideration. In conclusion the master says that all de- ficits reported upon and which are found to be a proper charge upon the Union Pacifi: and the revenues derived from the operation of the lines mentioned be eharged by said receivers upon said property as part of the expenses, and that the ageregate of the same be apportioned and charged as follows: The main line extending from Council Blufts, la., to five miles west of Ogden, Utah 1,043.01 miles; the Kansas division, extend. ing from Kansas City to Denver, 643.55 miles; the Leavenworth branch, extending from Leavenworth to Lawrence, Kan., 1.93 miles, and the Cheyenne division, extending from Cheyenne to. Denver, 104.10 miles. He states that the burden for operating these non-paying roads has been placed upon the whole line of the Unon Pacific Railway company, for the reason that it is one entire property, and that it has been distributed upon the several divisions of the said line apon the basis of mileago, for the. reason that such divisions are subject to separate mortgage liens, some of which are now being foreclosed upon, and because from the im- possibility of tracing with any exactness the benefits to the several divisions from inter- changed business. AS TO CONTEA The Special Master's Recommendations on Obligations of the Union Pacific. In relation to the petition of the re- celvers of the Union Pacific asking to be relieved of the obligations under certain con- tracts, Judge Ccrnish finds that there arose between the receivers and the Northern Pa- cific Railway company some controversies, and that the issues involve the rights and relations of the several parties in the entire property of the Montana Union Rallway ocmpany. On these he asks that an order be made, allowing a continuance for further hearing. Continuing this rcport, the special master sets out that since the filing of the petition the property of the Oregon Railway and Navigation company has passed from the control of the recelvers and into the control of B. McNeill, as receiver, in a suit instituted to for.close a mortgage. In this case the special master recommends an adjournment be made and a further hearing by granted. He finds that on May 18, 1889, the Chicago, St. Paul, Minneapolis & Omaha Raflway company entered into an agreement with the Republican Valley Railway company to operate trains over the line from Norfolk to Covington at a rental of 3 per cent per arrum on $1,067,700 and one-halt of all taxes levied, to be determined on a wheelage basis, He finds that tho Omaha & St. Paul road was o furnish terminal ‘facilities at Sloux City for the Omaha & Republican Valley road. This contract was to run for twenty- five years, from October 18, 1889, In sum- ming up on this featuro of the case the special master recommends that &n order be mad> that the contracts be not binding and that the recel be not required to perform the conditions of the same, and that they be relieved from all obligations of the Omaha & Republican Valley Railway com- pany thereunder. Upon the questions of rentals payable by the Oregon Short Line Raillway company | and its successor, the Oregon Short Line & Utah Northern Railway company, the special master finds that these amounts are due: 2 3890.99; 1889, 82, 85 893, had racts been observed throughout the year, would have been $: 0. Dur- g each year the income demand by the Oregon Short Line and its successors has He finds that the recelvers have not ratified the contracts and that they have declined to renew them. As a conclusion, Mr. Cornish finds that the re- ceivers are not bound by the contracts and obligations contained in the contracts, and are not required to keep the same. CONTRACTS WITH IOWA ROADS. As to the controversy with the Rock Island road, he recommends a continuance of the hearing. With reference to the contracts with the Chicago, Milwaukee & St. Paul road, the report shows that while the contract between the recelvers and the company has not been adopted, they have transacted business with that company, substantially in accordance with the terms of the agreement. In this case it is recommended that the petition be dismissed, and that in the dismissal it be made to appear that the receivers have never afirmative.y ratified or adopted the contract as their contract. Concerning the Union Pacific, Gulf, Mr. Cornish finds the facts to be that on March 14, 1890, there was m contract between that road and the Union Pacific, but the reccivers have never affirmatively rati- fled or adopted this contract as their con- tract. He finds that said contract is mot an agreement so far executory in its char- Actar as that the receivers cannot refuse to perform the same on behalf of the property of the Union Pacific Railway company, affected Dby said contract. In this he asks that the petition be dismissed without prejudice to the recelvers. Regarding the matters between the Kea ney & Black Hills Rallway company and the Union Pacific, the master finds that there is an agreement which is in effect a trafic guaranty on the part of the Union Pacific and Imposes a burden upon the Union Pacific to pay over, monthly, to the Denver & {10 be compelled | ing general offices. Its sharo of the gross receipts derived from business interchanged between the lines of #ald reads, I exchange for stock in sald Kearney & Black Hills Rallway company. This lme Is 065.67 mifes in length, subject 10 & morigage of $862,000. The stock Is without markct value. ~ The gross receipts of this line from October 13, 1593, to July 81, 1894, inclusive, mmounted to $50,269.47, 25 per cent of which would be $12.567.36. In this case it is held that the recelvers, as receivers of the Unlon Pacific, have not adopted the contract as their contract, and that the Union Pacific company ought not to perform the conditions and obligations of the contract, and that the contract ought not to be enforced against the recelvers. Hence it Is recommended that an order be made that the receivers be not required to perform the conditions of the contract, and that they be authorized {o operate this property without regard to the conditions of the contract. 1t s found that in the operation of the several properties by the receivers, the al lowance and division of earnings as made are fair and equitable as between the Oregon Short Line and Utah Northern Railway cow- pany and the Union Pacific. 1t is also found that the revenues derived from the Short Line from all sources are insufficient to pay the charges specified in the contracts, the total revenue from October 13, 1893 to July 31, 1804 being $3,882580.62, while the ex- penses were §5,241,302.09. It is recommended that an order be made whereby it shall be determined that the receivers have not rati- fled the contracts, or either of them; that they renounce the same, and that they are not bound to perform the contracts and ob- ligations. Since the filing of the petition, the mas- ter finds that the property of the Oregon Railway and Navigation company has passed from the possession and control of the Oregon Short Line and the receivers, and is now in the custody and control of a re ceiver appointed In an cction fnstituted in the eircuit court of the Uulted States for the foreclosure of the mortgage; that the Oregon Short Line and Utah Northern and its re- ceivers do not control or operate any line of railway at any point nearer to the proposed Portland & Puget Sound railway than Hunt- ington; that the receivers' demands are in- adequate to meet operating expenses, taxes and interest. 1t 1s recommended that ti contract be declared to be not binding upon the receiy as recelvers of the Oregon Short Line and Utah Northern and the Union Pacific companies, and that they ba author- zed to protect the rights of the sald raile way companies in the property already ac- quired. SETTLED BY JUDGE SANBORN. Taking up the feature of the case wherein Frank Trumbull, as recelver of the Unicn Pacific, Denver & Gulf, intervened, It is found that by the decision of Hon. Walter H. Sunborn, circuit judge, handed down March 30, 1894, it is recommended that the receivers be declared to have renounced the contract and that they are not bound thereby. In the operation of the property of the St. Joe & Grand Island railway by the receivers the master finds that from October 13, 1893, to July 31, 1894, inclusive, the earnings were $696,709.53, and that the expenses were $563,- 346.97, and that the accrued Interest amounted to $336,000, and that the earnings were In- sufficient to pay such expenses, including taxes and interest. It is recommended that the recefvers renounce the contract to operate this line, as they are not bound to keep the conditions of the same, it never having been adopted and ratified by them. Upon the subject of the operation of the Kansas City & Omaha road the findings are that from October 13, 1893, to July 31, 1894, inclusive, the earnings and income amounted to $98,397.10, while the expenses were $137,- 248.50, of which amount $34,946.94 was for taxes paid; that the interest due amounts to $149,371.40. In view of this condition of affairs it is recommended that an order be entered whereby it shall be determined that the receivers have not ratified the contract and that they renounce the same. Handling the subject of the Union Pacific, Lincoln & Colorado branch, it is shown that for 1893 the Union Pacific had to pay $30,000 out of its own earnings to meet a guaranty obligation; that the gross receipts have been insufficient to meet guaranty charges, and that the revenues are Inadequate to meet operating expenses, taxes and charges su- perior to the contract; that the performance of the contract would be oppressive, and that no compensation to the property of the Union Pacific would result therefrom; that the re- celvers have not adopted or ratified the con- tract. The recommendation is to the effect that if the receivers operate the line they should do so without regard to the terms of the contract. With reference to the contract with Peavey Bros., grain dealers of Minneapolis, by which the . Joe & Grand Island branch on March 15, 1890, entered into a contract con- cerning the shipping and routing of grain, Mr. Cornish hclds that the receivers should be relieved from the performance of their portion of the contract during the terms of their recelvership, as by continuing the con- tract they would be compelled to add un- necessary burdens upon the properties en- trusted to them. Should there be any exceptions taken to the special master's report as outlined above, they must be filed on or before November 15, when Judge Sanborn will hear them in chambers at St. Paul. Judge Cornish leaves for his home tonight, after a week, as he says, of the hardest work he has ever been cal'ed upon to do. IN A FAIR WY FOR SETTLEMENT. Unlon Pacific and Navigation Company Have Not Severed Relations. PORTLAND, Ore., Oct. 13.—The many ru- mors published about serious differences be- tween the Union Pacific and the Oregon Rallway & Navigation company regarding a traffic agreement, according to officlals of both companies, have no foundation. In Omaha a report was started that the Union Pacific intended to withdraw its business from the Oregon Railway & Navigation and turn it over to the Northern Pacific at Garrison, Mont. The ridiculousness of this story is apparent, as the distance to this city by way of Garrison is almost 500 miles greater than by the Oregon Railway & Navigation. Re- ceiver McNeill of the Oregon Railway & Navigation was interviewed today on the matter and said: “The public would ap- pear to belleve that there is a wide difference betwen the Union Pacific and the Short Line and that this matter resulted in severing re- lations at Huntington. There is nothing in it. Our business via Huntington is running along the same as under the lease and re- lations are close and friendly, and at this mo- ment Mr. Lomax is on the ground establish- We fully recognize the importance of the Short Line connection and I guess they know our value to them, and this alone would show the folly of such talk as has been going the rounds.” General Passenger Agent Lomax of the Union Pacific, who 15 now here, said: “There is not any fighting between ourselves and the Navigation people. We have not yet come to an understanding with them, but I think there is no question but that we will. The Navigation company in going into the hands of a separate receiver made it necessary for | us to open a new freight and passenger office hero, and work for business.” Mr. Lomax, In company of A. R. Baxter, who has been appointed general agent of the Union Pacific on the coast, will establish offices at Portland, Tacoma, Seattle and other important points, FROM SOUTH OMAHA- The republicans of the Third ward will organize a club next Thursday night in Evans' hall, Twenty-eightih and R streets. Joe Brandle, convicted of stealing hay at the stock yards, was fined $3 and costs by Judge Christmann. The McKinley club will hold a mass meet- ing at Pivonka's hall hext Wednesday night. J. M. Johnson is down for a speech. George Parks returned from St. Joe yester- day, where he has the contract to erect a large building for the Omaha Packing com- pany. The ladies of the First Presbyterian church are making great preparations for their chicken pie dinner Tuesday at 2602 N street. e LOCAL BREVITIES, The Woman's Christian association asks tor some special articles for the lodging house for women. It noeds a small cook stove, & mattress, bedding, table linen and dishe: The Woman's club will hold its first meet- ing in its new room over the Boston store, tomorrow afternoon. The program will be in charge of the department of applied econ- omics, and Mrs. Peattle, the chairman of tho department, will read a paper on “Qur Responsibilities to the Poor.’ Severgl Hundred Hexfihfin of the Endeavor Union at Lincoln. NINTH ANNUAL CONVENTION IN SESSI All the Churches of the Clty Given Up to Meetings in the Interest of the Or- ganization Réptbsented by the Vislkors. il LINCOLN, Oct. 13/<{8Special.)—The ninth annual convention of thé' Christian Endeavor union, now in sesion in Lincoln, is the largest ever held in the state, and all the leading churches of the city are given up to the wearers of badges, who are thronging all the streets of the city. At 2 o'clock this after- noon there were seven meetings in progress and all of them were well attended. Outside of Lincoln and its suburbs, which includes a £00d many delegates, over 600 names are registered, and all the speakers on the pub- tished program are present, with their pa- pers. The visitors to the convention are met at the door of the Christian church by a reception committee and decorated with a badge in the form of a star, after which they are assigned o quarters, One of the most Interesting features of the day's work was the meeting of the “lock- out” committee in the First Baptist church under the leadership of C. C. Gillespie of Beatrice, at which an interesting ten-minute paper was read by Mrs. E. E. Sprague of Farnam. At the same time the missionary committee was in session at the First Con- gregational church, the Sunday school com- mittee in Grace Lutheran church, the good literature committee in the First Congrega- tional parlors and the corresponding secre- taries had a session in the main room of the First Congregational. The program for tomorrow is as follows: 9:00—Bible meditation and prayer. 10:30—Services in all of the city churches, Sunday afternoon, at the First Congrega- tional "church, home missions, with Secre- tary W. D. Dawes, Lincoln, presiding. 30-—Song service. 2:50—Missionary _Txtension,” Mr. F. F. Tucker, Nebraska City. 3:10—"Our Duty to the Drouth-Stricken Flelds of the State” Rev. George A. Ray, st Paul. 3:30—"The Endeavorer, as Rels Progress of Missions,” Rev. A. Alma . At the Central Church of Christ, ominational fellowship, with Mr. C. k, St. Paul, Minn., presiding. 2:30—-8ong service. ‘Christian Fellowship,”" Miss Jeannie . University Pl The Waste of nominational Strife and ‘eton, Geneva, 30—The Effect of Interdenominational ‘ellowshi) upon the Unconverted,” Rev. Simpson Ely, Fairfield In the evening all will congregate at the First Baptist church and take part in the following progra ’ —Song ser: 00—"Two Wars,” ew York City. trict.) 8:45—Bible m ed to the 2. Ricker, \ergy Through De- Jealousy,” Rev. J. Mr. Robert K. Speer, (Courtesy of Sixth dis+ itation: “Christ's _Self- Sacrifice” —Matt. 20:28, Leader, Mr. C. E. Johnson, Omaha. 5—Consecration service, dent-elec l Mispah benediction, LINCOLN IN BRIEF Judge Tibbetts this merning overruled the motion for a mew trialiin the case of T. C. Griner, the peripatetic picture vender, con- victed of criminal assault up 14-year-old Daisy Hedges, and immediately arraigned him for sentence. When asked what he had to say why sentence ‘whould not be pro- nouncsd upon him, Geiner made a brief, ram- bling speech in a low . tone, the burden of which was that he was.not guilty. His at- torney also spoke in his_ behalf, whereupon he was sentenced to five vears at hard labor in the pen. : Fack RELIGIOUS QUESTIONS DISCUSSED, led by presi- interesting Toplcs Ootifidered at the Pr bytertan Synod's Seasfon Last Week. GRAND ISLAND, Neb., Oct. 13.—(Special.) —The synod of Nebraska of the Presbyterian church held a most successful session at this place, beginning Tuesday evening. There was & change from the ordinary busine: meeting, and it was of a most popular char- acter, the mornings being devoted to busi- ness and the afternoons to interesting dis- cussions on important topics. Rev. H. O. Scott of Hastings delivered the opening ser- mon, presenting in his vivit manner the fact that the church is not living up to its opportunities and how easy it would be to realize the motto, “Why not at least 100,000 on_confession of faith this year?" Rev. Mr. Curtis of Lincoln was elected moderator, and presided with grace and fairness over all the deliberatiogs. At the morning session Wednesday a report of the Presbyterian hospital was brought before the synod by Rev. John Gordon, which re- celved very favorable attention. The Su day preceding Christmas was made hospital day, and ministers are requested to take col lections that day. Hastings and Bell:vue col- | leges also made their reports. In the afternoon a discussion took place on “What Should Be the Attitude of the | Church Toward the New Movement in Chris- | tian Sociology?’ This was opened very ably | by Dr. W. F. Ringland of Hastings college and Dr. John Gordon of Omaha. It elicited | was sentenced to serve a term some earnest thought and bright remarks, and it seemed that eyvery member of the synod had a speech ready, had not the time s0 quickly expired. Then followed a discus- sion on the “Causes of the Drouth—Are They Spiritual or Natural?’ Rev. H. K. Bushnell affirmed that they were spir:tual, quoting many bible words which secmed to bear him out. His reference to the rain- makers was most timely, and causel a gen- eral turning to the record when he read Jer. 14:22: “Are there any among the van- itles of the gentiles that can cause rain? or can the heaven give showers?’ He was fol- lowed by Rev. F. W. Ruasell of Fairbury, who took the ground that while God could work by ordinary laws He did not interpose a miracle to withhold the rain, but that man was largely responsible for the lack of rain by cutting oft the forests. In the evening there were delivered two most notable addresses on “‘Foreign and Home | Miss'ons” by Mr. Robert E. Speer and Rev. Dr. D. J. McMillan, both of New York City. Dr. Speer is a young man of prepossessing appearancs, and was eloquent in setting | forth his cause. At the close of the speeches | $35 was collected for these boards. Tuesday morning was devoted to the Sunday school and educational work of the church. Revy, Rr. E. R. Oraven of Philadelphia and Rev. Dr. J. D. Countermine of Beatrice made the principal addresses, Nebraska is the banner state in regard to the work of Sunday school missionaries on some items, being double the figures of the next most prosper- ous one. . The afterncon was devoted to the Christian Endeavor movement. , Rey. Charles E. Bradt of Lincoln showed that this movement was providential. Rev. Dr. & N. Ware of Omaha ably treated the subjeet “How Can This Synod Best Utilze the Christian Endeavor Movement in Advancing the Kingdom of God Within Its Bounds?" Routine business was taken up till 5:30., In the evening Rev. Dr. Thomas L. Sex- ton spoke of the “‘Present Condition of Our Work,"” showing that while the conditions have been unfavorable the work has been reasonably uccessfyl. Rev. Dr. E. R. Crayen of Philadelphia then spoke on the Sunday school work, showing that they wera doing a most excel- lent and necessary work. Synod closed this morning atter cousidering, very carefully col- lege and seminary work Saepy Kdueators Adjourn. BELLEVUE, Neb., Oct, 13.—(Special.)—The Sarpy County Teachers' assoclation held a very successful session at Papillion October 12 and 13. Of the fifty-three teachers in the county, forty-five were present. The address dellvered by Mr, Clark of the Weatern Normal, Lincoln, was well recelved. The next eession will be held at Spring- fleld in February. Notes ut Juniata. JUNIATA, Neb., Oct. 13.-4Special)— Farmers are still sowing wheat. The early | of Corcoran’s for $3: sown wheat has grown very fast and covers the ground now. A few cases of diphtheria fn a bad form have been reported near town, resulting in ONT clory Underwear -- Sale Goes On Another Day selves and were forced to cry mail orders before Tuesday, ever saw, SOX—1u medium weight and seam- less, in black and tan mixed, pair at 50c a dozen or a single pair for SOX-—heavy gray mixed, seamless, good substantial hose, tomorrow are 90c a dozen or a single pair for ceeies 80X—good heavy weight, seamless . and In tans. They are Shawknit, 80 With the rest at $1.00 a dozen or pair for. SOX—heavy all wool or camel's hair, such as you pay 35¢ for, are tomorrow $2.00 a dozen or a pair for ¢ SOX—in very fine medium weight, fancy cashmeres, tans or blues, 60c value, $2.25 a dozen or a pair SOX-—eatra quality oxford mixed, medium weight or heavy merinos, in gray or tan, 5 pairs $1.00, or a pair for.... ING House. and Douglas Sts. Cor, 158k the Gastenbury TAL The balance ot the Great Underwear purchase closed out to us at 47%c on the dollar by Knitting Co,, latest and best achievements in modern and per- makers of the fect underwear and hosiery. Their ambition is to for help. We helped ourselves make the finest goods in the world—They suc- ceeded—they did more--they overreached them- at 47%c on the dollar. Send It's the finest and lowest priced underwear and hosiery you HEAVY RIBBED garments in for $1.00.... very other wa; HEAVY SCOTCH GRAY drawers. tomorrow for NATURAL WOOL SHIRTS NATURAL WOOL, FLEECE they are yours at FULL REGULAR MADE, E: ural wool shirts and drawers YOU WILL HAVE wool, scarlet shirts und d morrow at 86¢ before BHOB T Wt W you WE PURCHASED THE these two numbers natural wi You have another such chance— L ] three deaths. The attending physicians be- lieve they have the disease under control The Odd Fellows and Rebekahs gave a ban- quet Wednesday night to the children end exhibited a real live goat as the 0dd Fel- lows' steed The Juniata roller mills are running full capacity night and day. While the Masonic order was in session Monday night the Eastern Stars came sud- denly upon the scene and stopped all further exercises with a surprise banquet. A jolly time followed. SMODTH CROOK CAPTURED, Henry Smith Returned to Nebriska Soil in an Officer’s Castody. PLATTSMOUTH, Neb., .Oct. 13.—(Special Telegram.)—Sherifl Eikenbary returned from Kensas City this evening in charge of Henry Smith, the horse thief, who hired a horse and buggy some four or five months ago of Liveryman Jones in this city and then sold the outfit in the western part of the county. | Smith is the same fellow who recently eloped with a Lincoln girl named Ida Clark, Be- fore leaving Lincoln he robbed a store. He then came to this city, and with the pro- ceeds of the stolen horse and buggy, jour- neyed with the Clark girl to Wymore. There he stole another horse, which he drove to some point in Kansas, where he turned it over to Ida and cut loose from her in order 10 escape the officers, who were on his trail 1da drove the horse some distance and then sold it, going to Denver with the money to meet her lover. He was subseuently ar- rested and taken to Kansas City, where he in Jail for beating a board bill. He had just finished this term and found Sheriff Eikenbary of Cass county ready to meet him with a war- rant, charging him with horse stealing. B, F. Pinneo of Lincoln is the man's guardian. There was a lively skirmish among the authorittes to run the young fellow down about the time he was arrested and taken to Kansas City, as he was wanted on numer- ous charges. Smith's preliminary hearing will be had early next week. It Is under- stood that he will plead guilty in the hope that Judge Chapman will be lenient. Work of a Forger De ected. FREMONT, Neb., Oct. 13.—(Special Tele- gram.)—A forged certified check for 3250 turned up today at the Commerefal National bank. The signature to the check was Matt W. Corcoran, and it also bore a forgery of the name of Cashier McGiverin, with a rubber stamp endorsement, the stamp evidently hav- ing been made for the purpose by the forger. | The check was made payable to Edwin F. Lewis and was endorsed E. F. cashed by a bank in Kentucky. A Lemars, Ia., bank telegraphed the Commercial Na- tional bank today asking if a certified check was good. It is feared that another forgery of the same kind is afloat. Lewls and Arrestea n Roud Overseer. DECATUR, Neb., Oct. 13.—(Special)— Today C. E. Bariow and Consteble Dillen went out to the former’s farm and arrested Road Overseer Guering. Guering was ac- cused of constructing roads on Barlow's land that were detrimental to the property. The census is being taken for another small payment to the Omaha Indians. The amount is §3,800. Per Individual, about $3 Nebraska City Kesidence Kobbed. NEBRASKA CITY, Oct. 13.—(Special Tele- gram.)—The residence of Mrs. William Lam- bert was robbed yesterday during the absence of the family and a gold watch, three gold ains and 4 small sum of money stoen. Several other places were visited, but nothing of value taken Farmer's Team dtolen. ALBION, Neb., Oct. 13.—(Special Tele- gram.)—W. B. Cartes, & farmer living near this place, had a team of horses stolen last night. The thieves are supposed to be two strangers that came in on the Union Pa- cific evening train, Officers started in pur- sult as soon as the theft was discovered. Otoe County Teuwchers Adjou NEBRASKA CITY, Oct. 13. Telegram.)—The Otoe County Teachers Insti- tute, which has been in session during the past two days, adjourned this afternoon. Chancellor Canfield addressed the teachers last evening. The session has been profita- ble. North Platte Juil Breaker: NORTH PLATTE, Neb., Oct. if.—(Spectal Telegram.)—The thres men who looted & store at Brody Island three weeks ago broke jail here tonight and are now at large. A reward is offered for thely capture. One of and its the last. ONTI] CLOTHIEGEHE the men Is tall, with light hair and mustache | and wears a light checked suit. One Is tali, | dark complexion, with a black mustache. The | third {s a short, heavy set German, consider- ably pock-marked. The escape was made by digging through a heavy brick wall. The sheriff_and posse are scouring the country | after the men. They had but a few min- utes’ start. | il gt o | TRYING TO SAVE HIS SON, | Ed Price’'s Futher Sevking a Pardon from Governor Crounse. | James Hawke of San Francisco was robbed of $40 Friday morning at the State hotel by a colored chambermaid named Fanne | Glover. Hawke had left his pocketbook, con- | talning $105, under his pillow. The girl | found it, and after extracting the $40 turned it over to the clerk. Chlef Detective Haze worked on the case, and the girl finally dug up the money out of an ash heap in the back yard. She was sent to fall and a charge of grand larceny fi.ed against her. There Is an interesting story concealed behind the presence of Mr. Hawke and his wife in the city. A year ago last May W. H. Bowman, the shoe dealer, was held up one night at the corner of Seventeenth and Dodge streets by two men. Mr. Bowman was game, and two shots were fired in the tussel that ensued. The attention of the police was called by the shots, but before officers could arrive the men fled. One of them was pursued by Sergeant Whalen into the alley in the rear of the postofiice and captured. The other man was captured later, but was released because he could not be identified. The man caught by Whalen is named George Price, and he is the stepson of Mr. Hawke of San’ Francisco. At that time Mr. Hawke was a man of considerable means. He had been a city | official of San_ Francisco, and later became @ contractor. When he heard of the trouble into which his stepson had gotten he was determined to try all means to have him acquitted. He mortgaged his property, and with el the money he could get together he came to Omaha. He worked hard, but when the trial came off Price was convicted and | sent to the penitentiary for a term of five years, which he is tow serving. It may be remembered that his mother, Mrs. Hawke, made a most affecting appeal to the court for mercy during the trial. . Since that time Mr. and Mrs. Hawke have been attempting to obtain a pardon for Price. | All their money is gone except $105. They | have been in the city two weeks and had intended to leave for Lincoln Friday after- noon to see the governor. The chances for a pardon seem to be fairiy good. At the time of the crime Price was 19 years of ago. Until a short time previous to it he had lived | | In San Francisco with his parents, and aid not have a bad reputation. He left them | and went to Los Angles and San Diego, from | which places hls parents nad heard from | him. * After that, however, they lost track of him, and did not agaln hear of him until he committed the crime. | Ara Was Fined for It. | 1Ira C. Batchelor was fined $7 and costs in the police court yesterday afternoon for impersonating an officer. According to the testimony, Batchelor represented to a Mrs. Povinsky that he was a detective and would | arrest her if she did not immediately turn | over some clothing she was holding for & board bill. An appeal was taken, st FORECAST, Fuir and Warmer Weather and Winds Shifting to South. GTON, Oct. 13.—The forecast for NEATH. WASHI Sunday Is: Yor Nebraska, sas—Fair; winds ‘mer. For Bouth Dakota—Generally warmer; winds shifting to south; warmer (n the east- ern portion. Missouri, shifting Towa and to south Kan- and Loeal Record, OFFICE OF THE WEATHER BUREAU, OMAHA, O°t, 13.—Omaha record of temper: ature and rainfall, compared with the cor- responding day of the past four years 1894, 1893, 60 3 [ 1891, [ 43 Maximum temperature . Minimum temperature | Average temperatu 2 70 | Precipltation > 00 .00 .18 . | Condition of temperature and precipitation at Omaha for the day and since March 1, Normal temperature Deficiency for the day ...} - Accumulated excess since March'1.....!) 6 ' precipitation ... ."108"{nen cy for the day.... Lo 09 inch Total precipitation since March 113,63 inches Accumulated deficiency since March 1 ,uuipeee L. 14.49 inches GRORGE E. HUNT, Local Forecast Ofticlal, [ 3] MERINO Drawers, slightly off in color LINED, purest manufacture, the makers prided themsely. on this, we cut the price more than in two and TO SEE ENTIRE the mills muke, a ol and camel's ha.r, worth less than $2.00, tomovrow. . | ot it. SHIRTS AND tans—but porfect Same thing sells MIXED SHIRTS AND The factory closed them out to us at a ridiculous price, so that wo can offer them to you AMD DRAWERS, not quite us heavy as $1.50 garments, but heavier and better than any $1.00 gar: ment you ever, Baw., ALL THE 'RA HEAVY, NAT- that are the equal of any at $1.50, go in this great salo at ALL sell to- THE FINE, ers that we can a OUTPUT OF heavy uot a garment TAL SE. LAND SWINDLE AT CHEYENNE Eastern Men Wuo Bought Outlying Prop- erty Getting After the Negotiators,, ONE MAN LOST SEVENTY-FIVE HUNDRED J. M. Whitney and J. F. Moffatt Worked » Gigantic Fraud for All it Was Worth and Are Now Likely to Be Prosecuted. CHEYENNE, Wyo.,, Oct. 13.—A gigantie land fraud has been discovered here, It 18 In the connection of the purchase of a tract of 956 acres of land adjoining the city by a syndicate of eastern investors. In 1890 the Wyoming Land syndicate, after- wards changed to the Wyoming company, was incorporated by J. F. Moffett of the firm of Moffett, Hodges & Clark, waterworks contractors of Syracuse, N. Y., J. M. Whitney, a real estate broker of Denver, and C. B. Davis of Chicago, who were elected president, secretary and treas- urer of the company. J. A. Hood, treasurer of the Syracuse Savings bank, who is out $7,500 an account of his investment in the enterprise, arrived today to look up evidence to begin prosecu- tion of Whitney and Moffett, whom he claims have swindled the shareholders out of $50,- 000. Mr. Hood says that Whitney came to lis office in Syracuse ostensibly to sell him some Denver property. In the course of con- versation Whitney mentioned that he knew of a tract of land in the vienity of Cheyenne that could be purchased for $250 an acre, which he represeated as a nominal price. It was agreed that Whitney and Moffett should come to Cheyenne to look over the property, and if possible obtain possession He also sald that the property could be purchased for §90,900. The company was organized with a capital stock of twenty shares, which, on the $90,000 basis repre- sented an outlay of $545 each, Mr, Hood finally became possessor of two shares. In addition to the purchase of the tract of land which It was proposed to lay out in addi- tion to the city, It was represented that the street rallway of Cheyenne could be pur- chased for $24.000, one-fourth of which was to bo paid in cash. It now develops that the officers of the company intended to pur- chaso this property. Mr. Hood and other sharholders becamo suspicious and started an Investigation. They discovered that Whitney had secured options on nearly all the prop- erty at a figure less than halt of what he reresevted it to be worth, Hood says that Whitney and Moffett were apparently dis- isfled with the gigantic swindle, but have now transferred the property to L. A. Liel of Chicago as trustee, for a small considera- tion, leaving the stockholders absolutely nothing to show for their investment. Hood claims that the tract could not mew be sold for $5,000, Whitney and Moffett are in New York, the former operating in Wall street., TRAINWRECK APTURED. Dotectives Successtul After Three Mon Hard Search. BATTLE CREEK, Mich, Oct. 13.—The parties suspected of wrecking the Chicago & Grand Trunk traln here on the morning of July 16, during the strike excitement, and who were the means of killing Fireman Crow and Injuring about twenty per- sons, have at last been arrested. Today Stanley Knowles, John Bodwlg, George W. Johnson and E. W, Jewett are in confinement as the result of the efforts of five Chicago detectives, Knowles had been given a position on the road as part of the plan for thelr capture. Finally the detectives cornered him and extorted a con- fession, which 18 to the effect that the erime was committed while the men were despers ato over the strike and their fallure to pre- vent the tralus from running. Jewett and Bodwig are held in Chicago and will be brought here. The other two are held in hiding here by the detectives. ———— Death of Ads Lowry Sehaeffor, Mrs. Ada Lowry Bchaeffer, aged 29, wife of August Schaeffer, manager of Max Meyer & Co.'s clgar department, died last eveging, The funeral will be held at 2 o'clock ors row afterncod et residence, 2026 Farnam street