Omaha Daily Bee Newspaper, January 3, 1895, Page 5

B OMANA AT \‘-' 11 THE OMAHA DAILY BEE: THURSDAY; JANUARY 3, 1895 WHIPPLE GONE TO MEXICO Authorities Think the Orawford Bank Wrecker Has Left the Country, LAST /RIANGEMENTS OF THE FU(‘;ITlVL‘ Bome of ¥is Property Was ‘hipped to Cheyenne, bat Was Attached by Creditors Before it Could Bo Socreted, LINCOLN. Jan. 2.—(8pecial)—A. P. Brink, | at present receiver of the broken bank Crawford, was at the state capital today. a representative of The Bee he said that | it was popular opinion around Crawford that Albert Whipple, the absconding cashier, had fled to some point in Mexico. Brink said that Whipple had been traced to a point in Scotts Bluft county, where all trace of him had been lost. It was known that he hired a livery team at Crawford and drove to Mars- land, where he purchased a quantity of stationery, From there he drove te Gering, dismissed the livery, which went back to Crawford, and disappearcd. Quite an amount of | To of goods, consisting of books, pictures, papers, etc., In two boxes, known to have belonged to Whipple, had been sent to Cheyenne from Crawford. They had been taken possession of and amount in value to about $350. Some one in St. Louis had subsequently telegraphed Union Pacific offi- clals to ship the goods to St. Louls. Mr. Brink had not learned that Detective Malone of Lincoin had already sent out 2,000 postal cards bearing the photograph of Whipple to a large number of police and detective agencies in the United States. This morning Victor M. Sinclair of Kearney, recently appointed to succeed Judge Silas A. Holcomb in the Twelfth judicial district, went to the office of the sccretary of state and was sworn in as judge in that district. DEPARTURE OF DISTRICT JUDGES. District Judges Hall, Tibbetts and Holmes have adopted drastic’ measures concerning the crowds of lawyers who solicit business of prisoners, They have jointly entered up an order that hereafter in cases where prisoners charged with offenses were unable to employ attorneys to defend them the court would not regard the wishes of the prisoner nor pay attention to the applica- tion of attorneys, but would appoint from the bar of the county on its own motion and whom it deemed proper. City Attorney Abbott has handed to the mayor, in response to his request, an opinion as to the powers and duties of policemen in making arrests, especially in the matter of making arrests without warrants. The opinion sustains that of County Attorney Jollins, who recently held that a policeman had no right to break in a door without a ‘warrant, Taking advantage of an unlocked door this morning in the residence of D. A. Campbell, clerk of the supreme court, at 1702 K street, a sneak thief walked in. Extending his ex- plorations up stairs he picked up a gold watch. When he descended a domestic saw him and gave chase. The thief is stiil at large. Five new members of the Lincoln police force have been inducted into ofice and armed with the customary gun and club. They are now under tutorship of Sergeant Kinney, and are by no means an awkward squad, RAILROAD LABORER KILLED. A recent train from the northwest terri- tory brought into town a lot of hoboes who had been working on the Burlington ex- tension. All had been drinking and not a few were intoxicated. Two miles from Germantown one of the number went out to the front platform of the car, and soon afterward he was missed. Tt is said that the roadmaster, who was riding on the rear of the train, saw the man leap or fall from the car. When the train was brought to a stop a party of section men went in search of the victim and found him dead. The man's name was R. Holt, and his home was in Rury, Lancashire, England. The coroner of Germantown held an inquest oa the re- mains today. The Mechanics' Savings, Loan and Building assoclation of Omaha, with Cadet Taylor us secretary, today received ¢ certificate from the state banking board authorizing it to commence busines: ASHLAND FAMILY REUNION. Home of J. T. Anghe the Scene of an In- toresting Guthering. ASHLAND, Jan. R.—(Special)—At the home of J. T. Anghe yesterday occurred | The millinery stock of Mrs, ing program was rendered and lunch served after an exhibition drill by the company. NEBRASKA BLAZES, Buildings and Contents In Red Clond and York Damaged. RED CLOUD, Neb., Jan. 2.—(Speclal Tel- egram.)—A fire was discovered in a store room occupied by the general merchandise stock of R. M. Martin & Son, in the Moo lock, at 3:30 last night. Their loss by fire, smoke and water is nearly total. The stock was valued at $1,200 and was Insured for $000, as follows: German cof ¥reeport, $300; Harttord Fire, $300; Springfleld of Massachu- setts, $300. The photograph gallery of J. H. Weggman In the second story was gutted. Loss, $700; insured for $300 in the Queen. 8. R. McBride was destroyed. Loss, $1,000; insured in the Aetna of Hartford for $600. The building was damaged to the extent of $300, insured in the Aetna of Hartford for $200 and In the Lancishire for $350. The records and files were removed from the county judge's office on the second floor, which proved an unnecessary precaution. The origin of the fire s unknown. Considerable damage was done to the other merchants In the block by water from the Martin cellar precolating through the walls into the other czllars, The sherift siezed the remnants of the Martin stock this morning on a tax warrant for $2.30. YORK, Neb., Jan. 2.—(Special Telegram.)— At 6 o'clock this evening fire was discovered in the Werts block, In the room occupied by S, E. Mansfleld’s meat market. After a short delay it was extinguished. The damage to the stock was about $200, with no insurance. The building was damaged to about the same amount. SHORT SE LRAL NUNDRED, Broken Bow's Missing Postmaster Checked Up by an Inspector, BROKEN EOW, Neb, Jan. 2.—(Special Telegram.)—Up to date there s no clew to Broken Bow's missing postmaster. The in- spector has completed an investigation of his books and finds him short in his accounts with the government §$1,700. Four of his bondsmen came in today and appointed B. C. Dickinson to take charge of the postoffice temporarily. Already there are a number of candidates for the appointment and the action of the bondsmen and Inspector Sinclair in putting Dickinson in charge is not meeting the approval of the other candidates. Dick- inson is a young man, who recently located in the city, having come here less than two months ago from Iilinols, and has no ac- quaintances here except his cousin, Attorney H. W. Dickinson. It is claimed that the bondsmen were influenced to place young Dickinson in charge by him offering to furnish the money to make good the defalca- tions of Gilmore. If this be true Dickinson may find that he has paid dear for his whistle, as the fixtures are mortgaged to Blackwell & Co. for purchase money, which Gilmore's successor will have to pay or he will have a postoflice without boxes or furni- ture. PLAINVIEW PLON. R KILLED, Richard Smith Meets Death ina Mysterlous Manner. PLAINVIEW, Neb, Jan. 2.—(Special Telegram.)—Richard Smith, an old and re- spected citizen of this county met his death in a very mysterious manner yesterday. Smith lived south of this place in Willow Creck township, and Monday started for Plerce, the county seat, a distance of eighteen miles. Ho dld not arrive at home that night. Becoming alarmed, his family instituted a search, and his body was found beside his buggy in the road about two miles from home. ' Life was not extinct when found, but he never regained conscious- ness, but died at his home this morning. Smith's team was found in a grove a short distance from his body. Many theories are advanced In regard to his death, but all aro mere conjectures. Foul play is hinted at, as Smith was quite wealthy. . It is not known whether he had any money on his person when he left Plerce, but none was found on his body. Mr. Smith was about 65 years of age, and leaves a large family. Ho was one of the pioneers of Pierce county. ARGABRIGHT ON THE STAND. Tells His Story of the Shooting of Willlam Smeltzer, AUBURN, Neb.,, Jan. 2.—(Spesial Tele- gram.)—The defendant in the Argabright trial was on the stand the entire day. His re- cital of the tragedy does not differ from the other witnesses except in minor detall. He claims that when the shot was fired he was being viciously assaulted by Smeltzer and others and that he had his left arm raised the largest family reunion ever held In Ash- land. There were present three great-great grandchildren, fifteen great grandchildren, elght grandchildren and five children, all of whom are In good health. After par- taking of dinner the entire gathering had thelr photograph taken as a souvenir of the_occasion. Mrs. Jacob Anghe, who is now 85, came to Nebraska in 1859 with her husband, who dled in 1870, landing at Platts- mouth, and moved from there to the old home- stead, one mile north of Ashland, where they have since resided. The death of Daniel Sweeney occurred yes- terday at his home a few miles south of this city, at the age of 75. Mr. Sweeney las been a resident of Saunders county for over twenty-flve years. Yesterday evening Mr. and Mrs. Dr. G. W. Merrideth gave a delightful party at thelr elegant home in honor of their children, George B. Merrideth and Misses May and Mattle Catlin, who are at home spending [thelr vacation, being students at the Uni- versity of Nebraska. The evening was spent In dancing and games. Those pres- ent from abroad were: Misses Louise Hept- ner, instructor In German at the university, and Jessle Jury, student, of Lincoln, and H. Leo Singer of Council Bluffs. Yesterday evening Mrs. 8. S. Foles gave a 6 o'clock tea party in honor of her daugh- ter, Carrie, to which twenty-five guests were invited, Mr. and Mrs, J. R. Howard last evening gave a very enjoyable affair called “A Sala- grunda” party, with about fifty present. The leading features of the affair were the decorations, which were very extensive. Grafton Notes and Fersonals GRAFTON, Neb,, Jan. —(Special.)—Rev. John Giffen of Omaha visited his parents here over Sunday, preaching in the Metho- dist church In the morning and the Congre- gAtlonal in the evening. Miss Madge Eckley is spending the week at Juniata, Mrs. Warren and Miss Grace Keelor have been visiting friends in Lincoln, The Catholics gave a grand ball last even- ing, which was well attended. Mrs. Stanard, a highly respected widow, died very suddenly Sunday night of heart disease. She was in robust health and spirits to within a half hour of dedth. She leaves numerous family. The funeral was held to- day. The Methodists are soficiting ald for the drouth stricken settlers in the west, Cass County Mortgage Record, PLATTSMOUTH, Neb,, Jan. 2.—(Special.)— Cass county's mortgage record for the month of December is as follows: Farm property, flled $31,626.65; released, $17,718.48; town property filed, $8,665.88; relcased, $14,569.65; ohattel mortgages filed, $19,443.46; released, $7,670.62. The totals for the entire year are: Farm property filed, $329,069.02; released, $457,848; town property filed, §77,660.11; re- leased, $115,019.96; chattel mortgages filed, $180,128.48; released, $119,785, Judge Chapman, judge of the Second Ne- braska district, has fixed the terms of court for 1895 as follows: Cass county, February 11, May 6 and September 30; Otoe county, April 2, June 10 and November 18. The May term in Cass and the June term in Otoe are for the trial of equity cases without a jury. v Miiford Matters. MILFORD, Neb., Jan. 2.—(Special)-Revs. Fay Smith and Torrence are holdiog a re- wival in the Congregational church with go0od effect. Troop A, Nebraska National Guards, w n & reception by the Young ' People’ ety of Christian Endeavor and Epworth above him and a little in front of his head guarding it from the blows of the deceased and that with his right hand down by his side he fired at Smeltzer, intending to hit him in the left arm instead of in the breast. The cross examination conducted by Mr. Cornell, was very severe and searching, but the witness behaved well under it. The de- fense was not quite finished today. Supreme Court Proceedings. LINCOLN, Jan. 2.—(Special)—The su- preme court met today pursuant to adjourn- ment. George M. Spurlock, esq, of Cass county, E. P. Brown, esq., of Lancaster county, and J. R. Dean, esq., of Custer county’ were admitted to practice. State against Hill, death of defendant, John Fitz- gerald, suggested; Kuhl against Plerce county, leave to file amended petition and counter affidavits in fifteen days. The following causes were argued apd sub. mitted: Moore against McCollum, on motiol McClary agalnst Stull, on motion; Griswold against Hazels, on motion; Hendee against Hayden, on motion; Gran against Houston, on motion; Smith against Johnson, on motion; Scott against Spencer, on motion; McCleary against Stull, advanced; Griswold against Hazels, motion to advance overruled; Krch- navy against State, diminution of record al- lowed. Court adjourned until tomorrow morning at 9 o'clock. Wedding Bel Shubert, ! SHUBERT, Neb.,, Jan. 2.—(Special Tele- gram)—A pleasant wedding was celebrated at this place at 5 o'clock p. m. the con- tracting parties being Mr. G. A. Tipton, a prosperous young business man of Albany, and Miss Agnes Dalby, the only child of J. L. Dalby, the editor of the Shubert Citize: Only the intimate relatives of the bride and a few select friends witnessed the ceremony. There was an elegant wedding supper pre- pared. The happy couple took the train for their future home in Albany, Doctor Saved His Life. LINCOLN, Jan, 2.—(Special Telegram.)— B. Charles Daley, 85 years old, and a rail- road laborer, attempted to commit suicide tonight by taking a dose of morphine. He was found suffering from the effects of the drug at 9 o'clock and a physician was called at once, who, after an hour's hard work, succeeded In saving his life, Daley wi arrested last night for being drunk and disorderly and discharged this morning for want of prosecution, Death of n Pawnee Citlzen. PAWNEE, Neb, Jan. 2.—(Special Tele- gram)—M. T. Peckham, a highly respected and honored citizen, died yesterday of a complication of diseases. His death was not expected, he being taken sick but a few days ago. He leaves a widow and five chil- dren, three daughters and two tons. The date of the funeral is not announced, pend- iug the arrival of An A 0. U. W at Harrisburg, John Baker, who settled in Jefferson county in 1862, died at his home in Fairbury after a brief illne: The eleventh annual meeting of the State Iiremen's association will be held at Norfolk January 15, 16 and 17. There will be 200 delegates in attendance. Mrs. Russell of Greeley Center, daughter of Senator Gray of Valley county, died at the home of her husbapd, after an illncss of three hours, of enlargement of the heart. While C. M. Seeley of Elgin was wielding @ maul in (he act of driving & post the . lodge has been organized the last of the old year. Some 200 lted guests were preseat. An latercst- heavy hammer miscarried and struck on top of the head of W. M. Carr, kunocking him from South Dakota. | senseless and breaking the handle of the maul. Al that Carr complains of is a sore head. Little children at play set fire to the clothing of the baby of Mrs. Will McCarter ot Baynard, but the mother smothered the flames before the child was seriously burned. John Blanchard of Pender stepped from the depot platform into a deep ditch, striking on his head. His lifs was despaired of for a | time, but he is now on the road to re- covery. The Red Cloud Chfef reports that Con- gressman McKelghan ia suffering with a very severe attack of facial neuralgia and wiil be unable to return to Washington for sev- eral weeks at least. Prof. A. D. Williams, one of the ploneers of Adams county, died at his home near Kenesaw. He was at one time principal of the state normal school at Peru, and home- steaded in Adams county twenty-two years | ago. He was 69 years of age. H. B. Loudon and Frank Oxley, farmers near Clay Center, were badly injured in a runaway and for some time it was believed that Loudon was fatally hurt. One of his eyes is permanently injured, one ear is nearly torn off, but it is thought he will recover. A very smooth trick was played by a sharper on Friend Carpenter of Madrld. The stranger sold Carpenter a fine team of horses for 85 in cash and a gold watch, and then hired Carpenter to drive him to Ogalaila. This Carpenter did, putting the team in a barn. Later, when he went to secure the team to return home he found that the stranger had stolen the rig. No trace of the sharper has been discovered. ———— — UNCLE SAM MAY TAKE A HAND. Recelvers of the Union Pacific Wil Lay Lines for a Fight. There is going to be an all ‘round fight for the Oregon Short Line & Utah Northern, the receivers of the Union Pacific having about made up their minds to contest the application of the American Loan and Trust company for a separate recciver. There will be a meeting of the receivers In New York next Tuesday, at which time a plan of action will be decided upon. General Solicitor Thurston will probably go on to New York in order to attend the meeting Tuesday and will possibly represent the receivers when the application is taken up by Judge Gilbert on January 15. 1t is also thought the attorney general will in‘ervene on the ground that the loss of the Short Line to the Union Pacific would seriously depreciate the second mortgage the government holds on the ‘“‘Overland” property. With the filing of the application on the part of the consolidated mortgage bond- holders for a separate receiver five distinct suits have been commenced py mortgage in- terests in the Short Line property. — Four of these interests have been satisfied with the appointment of the present receivers of tho Union Pacific, and it is not likely that the American Loan and Trust company, which is thought to be hostile to the pres- ent management, will be able to change ex- isting conditions, For a time it looked as if the Short Line would be allowed to drift away without a struggle, but now, however, the line of bat- tlo is forming and the American Loan and Trust company will have a good sized fight on its hands. Should the Short Line break away from the Union Pacific it is claimed that it would seriously cripple the latter property and would be a blow at Omaha, as it would take away many clerks from headquarters, in ad- dition to hurting other Omaha interests. All these conditions have been carefully consid- ered by officials and the conclusion reached that If a separate receiver is appointed it will be in the face of a strong showing on the part of the Union Pacific interests. CANADIAN PACIFIC ABSENT. ‘Will Take No Part In Discussing the New ‘Transcontinental Assoclation. CHICAGO, Jan. 2.—Tomorrow the meeting of the western roads will again convene for the purpose of seeing If the transcontinental passenger troubles cannot be adjusted. The Canadian Pacific will not be represented at the opening of the meeting, although it may come at a later time. The Union Pacific will, it declares, insist on the lifting of the boycott against it before it will agree to anything tending to the formation of the assoclation. The representatives of the Atchison and Southern Pacific roads held a long confer- ence today, at which the Burlington and Rock Island were also present. They made considerable progress toward settling their troubles, and it was announced that they will report to the meeting that they will be ready, so far as their private quarrel is concerned, to go ahead with the general agreement. Doesn't Hurt Regular Business. General Passenger Agent Francis of the Burlington sald yesterday morning that the talk of personally conducted tourist excursions being demoralizing to rates came with very bad grace at this late date. He cited the Unlon Pacific as having operated excursions under Dr. Shearer for years and there was little talk then of these excursions demoraliz- ing rates. He cited the Raymond & Whit- comb personally conducted parties and other instances of roads running these excursions. “It is foolish to charge thal excessive com- missions are paid for securing this excursion business. There is a tariff of commissions agreed upon by all roads and these com- missions are pald agents. The train is in charge of a regular salaried employe of the Burlington and he gets his salary if he has one passenger or a thousand. Railroad men understand this and think nothing of it. At one time the Burlington was inclined to the theory of the Union Pacific, that the per- sonally conducted excursions were not bene- ficlal. But we have seen other roads adopt- ing this form of excursions and we finally decided to be in line with the rest.” Mr. Francis went to Chicago yesterday to attend the meeting of transcontinental lines today, at which time the committee on transcontinental rates will report. It is a very voluminous document, it is understood, and will undoubtedly consume a week in its consideration. After Thurston's Shoes. Judge Thurston was busy yesterday morning answering telegrams of congratulation from members of congress and United States sena- tors over the action of the republican mem- bers of the legislature yesterday. Now that his election is assured, gossip is already heard as to who will succeed Mr. Thurston as attorney for the Union Pacific receivers. The general impression seems to be that Judge Kelly will undoubtedly be called up higher. Should Judge Kelly succeed to the place shortly to be made vacant by Mr. Thurston, it seems altogether probable that Judge Willls Van Devanter of Cheyenne will be promoted to Judge Kelly's place. The firm of Lacey & Van Devanter look after the in- terests of the Union Pacific in Wyoming. Judge Van Devanter has made a specialty of the Union Pacific cases in Wyoming. Directors Elected. At a meeting of the stockholders of the Omaha & Republican Valley Rallway com- pany and the Omaha & Elkhorn Valley Rall- way company held in the office of W. J. Carroll, assistant to tne solicitor of the Unlon Pacific’ yesterday morning the follow- ing directors were elected: El- lery Anderson, §. H. H. Fred- eric R. Coudert, John W. Doane, Ol iver W. Mink, Oliver Ames, second, and Edwin F. Alki W. J. Carroll yoted the majority of the stock in both companies. E. Clark, One of the Lute Rumors. The Canadian Pacific continues to play the dog-in-the-manger policy toward the transcon- tinental situation and the latest rumor is that it will break away from the immigrant agree- ment entered into at Chicago recently by the | transcontinental lines. The Canadian Pacific contends that the Amerlcan roads are re- luctant to carry the agreement into effect and therefore they want to get out from uader. Rock Isiand Earoings for December. CHICAGO, Jan. 2.—The estimated gross earnings of the Rock Island road for the month of December were, $1,201,761, a de- crease of $199,207 compared with the esti- mated gross earnlugs for December, 1893 GOES TO ANOTHER TRIBUNAL o Apyeal to the Supremte Oourt Filed in the Maximam Rate Case, CLAIMS OF ERROR IN| THE TRIAL COURT —y Showing Made that tho Decree Iad as Many Holes as & ‘Skimmer, After Which Judge Dutdy Allows the Appeal. John L. Webster, as attorney for defend- ants, filed his petition for appeal from Judge Brewer's recent decision in the maximum rate case yesterday in the federal court. Judge Dundy allowed the appeal. The following is the full text of the peti- tion praying for an appeal in the case legally known as Henry L. Higgenson et al versus the Burlington railway et al. Now comes George H. Hastings, attorney general; John C. Allen, secretary of state; Eugene Moore, auditor, and others, defend- ants In the above entitled case, and complain- ing of the plaintifts say: That on the 234 day of November, 1804, said plaintiffs recovered a judgment and decree against these defendants herein in said cause and in said court, in which, among other things, it was decreed that these de- fendants be enjoined and restrained from en- tertaining, hearing or determining any com- plaint against sald defendant raflway com- pany, or on account of any act or thing by id ‘company, its officers, agents, servants or employes done, suffered or omitted which may be forbidden or commanded by an act of the legislature of the state of Nebraska, entitled "An Act to Regulate Railroads, to Classify Freight, to IIX Reasonable Maxi- mum Rates to be Charged for the Trans- portation of Freight Upon ach of the Rail- roads in the State of Nebraska, and to Pro- vide Penalties for the Violation of This Act,” approved April 93 And in which said decree these defendants were further enjoined from instituting or prosecuting, or from causing to be instituted or prosecuted, any action or proceeding, civil or criminal, ‘against said railway company for any act or thing done,: Suftered or omitted which may be forbidden or com- manded by the said act, and particularly from reducing its present rates of charges for transportation of freight to the rates prescribed in said act. And in which said judgment and decree the attorney general of “the state of Nebraska was further enjoined from bringing or caus- ing to be brought any proceeding by way of injunction, mandamus, civil action or indict- ment against the said raflway company for or on account of any action or omission cn their part commanded or forbidden by the said act. And in which said judgment and decree it was adjudged and decreed that the sald act above mentioned s repugnant to the constitution of the United States in that the said railway company may not under its provisions exact rates for the transportation of freight which yield to the company reason- able compensation for such service. And these defendants allege that they were prejudiced by the various orders, judgments and decrees and that there is error in the proceedings of the court by which said judg- ment and decree was obtained, and that the said judgment and decree is erroncous in matters and things thore” particularly shown by the assignment of errors filed herewith and by the record in, said cause. And by reason of fald errors the sald de- fendants pray that they may be allowed an appeal from sald judgment and decree of said court in said cayse to the United States circuit court of appéals for the Eighth cir- cuitcuit and that a transeript of the record and proceedings, duly authenticated, may be sent to said court of appeals, whereby said judgment and decree ‘may be reversed and Whereby these defendants may be given such other and further relief as may be just and proper. % Accompanying the ‘ petition for ‘appeal are assignment of errorg..in. each case, which state as follows: ASSIGNMENT OF ERRORS. 1. Said court erred in that part of the de- crea wherein it ordered and decreed that said railway companies be perpetually en- Joined and restrained from making or pub- lishing a schedule of rates to be charged by it for the transportation of freight on and over its respective roads in this state from one point to another therein whereby such rates shall be reduced to those prescribed by the act of the legislature of the state of Nebraska entitled “An act to regulate rail- roads, to classify freights, to fix reasonable rates to be charged for the transportation of freight upon each of the railroads In the state of Nebraska, and to provide penalties for the violation of this act,” approved April 12, 1893, 2. That the said court erred in that part of its decree wherein it ordered and decreed that the defendant rallway ‘company be enjoined and restrained from rducing the rates be- low those now charged by said company or from in any wise obeying, observing or con- forming to the provisions, commands, in- Junctions and prohibitions of said act of the legislature of Nebraska. 3. That the said court erred in that part of its judgment and decree wherein it de- creed that the Doard of Transportation of the stato of Nebraska, and its members and secretaries, be perpetually enjolued and re- strained from entertaining, learing or de- termining any complaint made to it against sald railway company for or on account of any act or thing done, suffered or omitted by sald company, its officers, agents or servants, which may be forbidden or com- manded by said act of the legislature of the state of Nebraska, 4. That sald court erred in that part of its Judgment and decree wherein it adjudged and decreed that the Board of Transportation for the state of Nebraska be perpetually enjoined and restrained from Instituting or prosecuting, or causing to be instituted or prosecuted, any action or preceeding against sald company ‘for anything by it done, suf- fered or omitted, or which may be forbidden or commanded by the sald act of the legisla- ture of the state of Nebraska, 5. For that the sald court erred In said Judgment and decree wherein it ordered and decreed that the Board of Transportation be perpetually enjoined and restrained from re- ducing the present rates of charges for trans- portation of frelght by the defendant railway company to those rates prescribed in said act of the legislature of the state of Ne- braska. 6. That the sald court, in its said judg- ment and decree, erred In that part thereof wherein it adjudged and decreed that the attorney general of the state of Nbraska be in like manner perpetually enjoined and restrained from bringing or causing to be brought any proceeding by way of injunc- tion, mandamus, clvil action or omission on their part commanded. or forbidden by the said act, 7. That the sald court erred in that part of its judgment and decree wherein it is ad- Jjudged and decreed that, the said act of the legislature of the state of Nebraska is re- pugnant to the constitution of the United States. ) 8. That the court erred in its said judg- ment and decree in that part thereof wherein it 1s adjudged and deereed that the sald act of the legislature of sthe- state of Nebraska forbade the rallway companies from exacting for the transportatioh of freight from one point to another within ‘the state charges which would yield to- the companies reason- able compensation for such services, it WOMEN HAVH A CLOSE CALL: Chicugo Factory Employes Just Escupe from u Fire with Their Lives CHICAGO, Jan. 2.—Wite in the Princess Kuitting works at Racine and Southport avenues this afternoon caused a panic among the 150 girl employes, but no one ws seriously hurt. The fire was discovered about 1 p. m. and, carried up an elevator shaft, quickly enveloped the three floors of the building The escapes by way of stairs was cut off and the frightened employes burst open win- dows and clung o the casiugs, frantically screaming for help. Many jumped from the second floor and alighted in safety, and the firemen, who arrived promptly, rescued the others. Several of the girid were cut by broken glass and badly brudsed by Jumping The fire was extinguished with a loss of not to exceed $20,000, oL 2 A dozen raw with a bottle of Cook's Extra Dry Imperial Champagne s an after theater thought, Got a great many short lengths on hand —Remnants®-suitable for trousers- suit, material and making, fabrics. also a number of remnants for coat and vest or We'll make them to order for you at the actual cost of They are the remnants of our best Better see the goods we offer at $5 and $6 for trousers —8$18, $20, $25 for suits, Have you noticed the goods and prices in our window? 207 South 15th Street. ) &@‘ 207 South 15th Street. MAJESTY OF A FREE PEOPLE Lesson New Year's at the White House Carries to the World, GRANDEUR OF AMERICAN CITIZENSHIP uropean Monarchies Given an lllustration of Democratic Simplicity and the Power that Comes from the People of a Kepublic. WASHINGTON BUREAU OF THE BEE. 1407 F Street, N. W., WASHINGTON, Jan. 2. There is a simple grandeur which is felt rather than seen in every New Year's day reception at the white house. Back of and above all of the garish glitter of uniform, gold lace, cocked hats, clanking sabres and imperial decorations, there is understood and felt the power of a republic, great in its simplicity, irrepressible In the unexpressed majesty and power of a free people. All thoughts of the Individuality and political affiliations of the citizen who occupies the position of chief executive, all criticisms and private opinions concerning the individual, are lost in the universal esteem and respect of the people for the office which was created out of the blood of the soldiers of the Ameri- can revolution; for the office first held by tho greatest soldier of his day and generation, George Washington; an office honored and graced by Jefferson, Jackson, Lincoln and Grant. It is a dazzling spectacle to witness the passing throng of titled diplomates in thelr resplendent court uniforms, accom- panied by thelr wives and daughters, gor- geously attired; to see the robed justices of the supreme court of the United States; to gaze upon the officers of the army and navy of the republic, as they file into and through the room, paying their respects to the com- mander-in-chief. It is impressive to see the men of the Grand Army of the Republic, some of them on crutches, others with an empty sleeve, all of them showing the effects of the ravages of time, and all of them ready again to participate in a struggle for the maintenance of a government of the people, for the people, and by the people. But the climax of the annual reception is reached when the plain people, fathers, mothers, sisters, brothers, wives and children, throng the corridors, press through the increasing throng, in an orderly manner, every one of them a lover of law and order; all of them paying respect to the great office, which is filled by one of the plain people of the republic. And, in the midst of the great throng, the center of it ‘all, stands the presi- dent of the United Stafes, with his wife by his side, plainly dressed, wearing no decora- tions, making no display of pomp and power, with no soldiers to guard his person,” with no bayonets around the executive mansion, with no artillery in sight, with none of the pre- cautions which the rulers of monarchies must take to protect them from their sub- Jects. It Is an object lesson to the diplomatic representatives of foreign governments. They see In the president of the United States an unpretentious Amerlcan citizen, a father, a husband, and one who comes from the people, and will go back to the people, leaving In his stead another citizen called from private life to execute the laws of the land. By his side they see one of the women of America, a wife, a mother, who fills her position as hostess to the people from whom she came, and to whom she will return, There are no Crowns, no EeWSAWS, no trap- pings of gold, jewels, purple and adornments visible, The American citizen and his wite appear as they used to appear at their private receptions in their own home, and as they will appear In thelr own home after the honors and distinctions of the chief magistracy have been laid aside in accordance with the will of these sovereign citizens who come and go in an orderly and unrestrained manner, just as they would come and go in paying their respects to their nelghbors and friends, There is no need for the dis- play of troops, bayonets and other mani- fostations of power for protection. Each and every individual citizen is in himself a part of the power of the land; each and every one respectful of the office, and ready to defend it with his life if need be. This s the lesson of the New Year's day' reception at the white house. [t is something felt with a thrill of pride by every lover of Lis country. It is the usually unwritten but ever present glory of epch of the annual public receptions given by the president of the United States, U. S, Bullding at the Atlanta Exposition WASHINGTON, Jan. 2—Proposals were today opened in the office of the supervising architect of the treasury for the labor and material required for the erection and com- pletion of the United States government uilding for the Cotton States and Interna- tional exposition at Atlanta, Ga. The gov- ernment building 15 to be situated at the northern end of the main bullding, fifty feet above and overlooking the central plaza around which they are (o be arranged. ‘The building generally 1s to be 181 feet by 201 feet in slze, with central pavilions on four sides, each sixty-one feet wide and projecting ‘ten feet from the general line of the builc making the extreme dimen- sions 201x281 feet. The building is to be constructed of wood framing, sheathed out- side and covered with Clapboards and shingles, Ky Monthly Becelpts and ditures. WASHINGTON, Jan. Z—The monthly statement of the receipts and expenditures | of the United States shows re December amounting to 31,86 cipts during disburse- ments, $37,135,4%0, leaving a deficit for the | month of $5.%9,82, and for the six months of the present flscal year, 337,604,405 The recelpls from customs were $11,000,0i | 692 for the month of Novem- al revenue, §9,391, 4 for November, The' receipts enue during the last six months n excess of the ar, JAPAN GROWING IMPATIENT, Procrastination of the Chinese Likely to Cost Them Dear. WASHINGTON, Jan. 2.—It is the belief of officials in a position to know the status of affairs between Japan andi China that Japan will declare the peace negotiations off unless China hastens them. There is increasing irritation on the part of Japan as to the de- lays in presenting definite proposals. More than a month has passed sinco it was agreed that a tender of peace conditions would be considered by Japan, and as yet the condi- tions have not been offered, and there is doubt as to China's plenipotentiaries having the right to make any final offers. Already the Japanese government s inclining to a unanimous demand of the native press to make far greater demands than were contem- plated when the peace negotiations began. At that time the general understanding was that the basis of peace would be a cash in- demnity and the independence of Corea. Now, however, there is an intimation that Japan may no longer accept the two condi- tions as proposed, but may insist also on China’s ceding extensive territories. This annexation sentiment is universal, and 1t s believed Japan will soon make it known to China, probably through Minister Dunn at Tokio, that the procrastination in presenting the terms of settiement is such that the nego- tiations will be abandoned unless closed within a reasonable and definite time, Therc are evidences that Japan is prepared for an aggressive military movement, calculated to impress China and the plenipotentiaries with Japan's ability to increase the advantage she has already secured. A gentleman who has been some years in diplomatic service in China, and s a recognized authority on inter- national custom, points out that it is an in- variable rule with China not to grant abso- lute power to her plenipotentiaries, but merely to confer advisory powers on them. NOT SURPRISED AT BELGIUM, Hor Course In Probibiting American Meat Dictated by Germany. WASHINGTON, Jan. 2.—Officials of the Department of Agriculture said that they were not surprised at the action of Belgium in excluding American cattle from her ports. Sha is one of the countries closely allied with Germany in her commercial interests, and it was expected she would follow the example of her more powerful neighbor in this matter, as Denmark has already done, as it s belleved Germany is brinzing her influence to bear upon adjoining nations to effect the complete exclusion of American meats. While this belief is not susceptible of proof, it is thought that its accuracy would be strikingly demonstrated by the promptness with which Europe would de- cide that our meats are pure If congress should abolish the sugar duties. Dr. Sal- mon, chief of the bureau of animal industry. says that there has been no pleuro pueu- monia in the United States for two vears, and that several cascs which foreign in:pec- tors have thought they discovered have been proven by investigation to be false alarms, The department has rurnished to the State department statements of the thorough- ness of the American system of Inspection and expert proof of the impossibility of the transmission of Texas fever, the first al- leged cause for the existing meat complica- tions. Some of the agricultural ofclals are inclined to believe that the faction of the German parliament which opposes the cx- clusion policy of the agrarians may succeed and that the possibilities of a tarift war may be averted. PUBLIO DEBT STAT rease Duri Thirty WASHINGTON, statement of the public debt issue Treasury department today shows that on December 31, 1894, the public debt, less cash in the treasury, amounted to $910,903,695, an Increase for the month of $31,320,775, Fol- lowing is a recapltulation of the debt: Interest paying debt, $650,138,130; increase during the month, $40,025,100. Debt on which interest has ceased since maturity, $1,825,800; decrease during the month, §1,130, Debt bearing no interest, $383,347,346; in- crease during the month, $126,780, Total debt, $1,604,375,379, of which $590,134,104 are certificates and treasury notes offset by an equal amount of cash in the treasury. Cash in the treasury Is classified as follo Gold, silver, $504,035,456; paper, 2 general account, disbursing officers'” balances, etc., $16,197,719; total, $782,754,289, against which there ‘are demand liabilities amounting to $620,416,709, leaving a cash balance of $153,337,579, of which $50,244,445 is gold reserve. Advices recelved today from ‘the New York subtreasury state that $1,600,000 In gold was withdrawn today for export, which, with the $800,000 with- drawn last Saturday, leaves the true amount of the gold reserve today $83,944,445, eber Will Ko Nominated Today, WASHINGTON, Jan. 2.1t expected that the nomination Colonel Giodo Normah Lieber 1o be judge advocate of the army, to succeed General Swain, will be sent to con- gress, Colonel ‘Lieber i at present actin Judge advocate general, a position he has Tilled since 1554 adinns Calling on the 14 of reat Father, WASHINGTON, Jan. 2.-Principal Chief Harris, Delegates Duncan and Thompson from the Cherokee Indian nation, represent- ing the Crecks, and several Indians from the Indian territory were at the Interior department today and had an (nterview I beén pluced on with Commis ing. WILL FURNISH GARDE! That 18 About All tho Agric n oner of Indian Affairs Browns SEEDS, tural Departe ent Can Do for Drouth Sufferers. HINGTON, Jan. 2.—Sccretary Mor- ton and Chief Clerk Maccualg of the Agri- cultural department, both of whom are Ne- braska men, do not believe that the dis- tross in their own and adjoining states amounts to a famine, although they recog- nize that there Is much suffering in that section on account of short crops. Secre- tary Morton is a pronounced opponent of any excrcise of paternalistic functions by the government, but he is doing all that ho can consistently through the depart- ment to relieve the want existing in the west. In a recent letter on the subject Chief Clerk Maccualg says: “The department s in raceip: of several communications from reprasentative people in_tho west, and also in the east, saliclting aid from the department to the seeding of the western farms in the spring. In all es the writers were informed that tho department would be glad to send garden cds, such as it has for distribntion, to all Luiicants from drouth-stricken districts to hulp them to at least do a little garden ing in the spring, and the secretary has kindly culered his' whole quota of seeds to Lo rccly devoted to the western sufferors 1€ Mets of names and uddresses are sent i the department. ‘The quantity seat to 2ack person must necessarily be smali, but the upgregate, amounting to ovar 2,900,000 papers (f secds, judiclously distribated, cught to bo of some assistance next summer. This does not, however, help them through the winter. and there is no doubt that the rhtanthropist will find a fraittal field for charitable acts in this aflictad porcion of our country. FEW CONGRESSMEN PRESENT. Not Many of Them Liable to Te on Hand At the Seaslon Tomorrow, WASHINGTON, Jan. 2.—Although congres: reconvenes tomorrow there were only half a dozen members of the house at the capitol today. The fate of the currency bill, debate on which will be resumed tomorrow, was gen= erally discussed. There is a prevailing im- pression that a democratic caucus will be held, probably tomorrow night, to consider the measure, but no officlal action looking to that end has been taken as yet. It was tho purpose of the democrats before the holiday reccss to bring the bill to a final vote on Monday, but this is now unlikely. Chairman Suyres of the appropriation com= mittee expects to have the bill ready by Suturday, and the sundry civil bill completed about the middle of next week. Mr. Sperry, a democratic member of the banking committee, who has taken a great Interest in the currency bill, has prepared a substitute for it, providing for the funding of the greenbacks with a 3 per cent gold bond issue. His substitute, it is understood, was submitted to Secretary Carlisle, and by the latter laid before the president this after- noon, APPROPRIATION WILL GO THROUGH, Cockrull Anticlpates No Serlous Opposition to Incomo Tax Provision. g ‘WASHINGTON, Jan. 2.—Senator Cockrell, chairman of the senate committee on ap- propriations, was at the capitol today. He said he probably would call the committes. together scon after the reconvening of con- gress, and that the urgent deficlency bill, which contains the provision for an appro- priation to put the income tax into effect, would be taken up as soon as practicable, Mr. Cockrell is not_apprehensive as to the fate of this provisiori, and while he does not hope that it will go through the senate with- out some opposition, he does not count on antagonism sufficient to materially delay the Dbill. He says that the effectual opposition to the appropriation of money for the executicn of any law would be most exceptional, and he does not believe that any considerable number of senators will engege In it, either in committee or in the senate, whatever their convictions In regard to the merits of the law itself may be. Mr. Cockrell thinks that It is probable that it may be made the basis of @ few speeches in opposition when reported to the senate, but he does not count upcn anys thing like a filibuster against it Sugar Inspociors Huve a Grievanee, WASHINGTON, Jan, 2-Secretary Care lisle tomorrow will give a hearing to & committee of the Sugar Importers' assocla- tion of New York on several customs quese tions affecting their Interests. One of the auestions to be argued will be that of deters ik the value of ‘imported sugary.The present law dixes an ad valorem Tate, ani Is the value of Sugar_ (o be than the in price, 1t will be contended that in man ses the invoice price is higher thau polariscope test would warrant. The mit will ask that some uniform method of determining value be adopted who will be present s chalrman, and John the committee, Among Importers Colnngs for the M WASHINGTON, Jan, 2.-A statement is sued by the director of the mint shows th colnage at the mints of the United States during December to have heen $3,456.663, of which §2,072,012 was gold, 31,270,028 sitver and $114,683 " minor coins. Of the ‘silver colned 820,541 wirs 0 standard dollars, Coonel Chandler Ketives. BUINGTON, Jan, 2. Colonel G, Chatde quartermaster general, hus the retired list. 1 salstant Fresidentinl Vostmasterabips Expiring. WASHINGTON, Jan. 2.—The terms of 135 presidential postmasters will expire during this month, T Oregon Kidney Tea cures all kidoey trous bles. Trial size, 25 cents. All druggists,