Omaha Daily Bee Newspaper, December 31, 1901, Page 2

of the preferred stock, that on January 1 1902, they would retire such preferred stock The bil| alleges further that since its re- organization the Northern Pacific Rallway company, has conducted a successful profitable business and has pald 4 per cent on its preferred stock and is now paying 4| control of each and all of these earnings | per on the common, out of the after paying the fixed charges and the operating expenses; that there is a fund of about $3,000,000 set aside ments of dividends on pref between $2,000,000 and $3,000,000 of a*gen eral surplus; it has now on hand exceeding $2,000,000 derlved from the earnings of the preferred stock at par, but that in order to retire such perferred stock the directors of the company are threatening to issue and sell cortibicates of indebtedness of de benture bonds, amounting to $75,000,000 of tha Northern Pacific Railway company, and out of the proceeds pay off the stockholders | of the preferred stocks at par, Jaduary 1, | 1902, Notlee of Retirement. 1t is alleged that the Northern Pacific | Rallway company has caused to be sent to | each of Its preferred stockholders a notice | that it would retire the whole of the pre- | torred stock al par, on January 1, 1902, and that the tramsfer books of the company | wera closed Tuesday, December 10, 1601, at 3 o'clock, for the ratirement of the pre terrod stock aforesaid The plaintift says be has been unable to obtaln a copy of the resolutions of the board of directors as to the issue and sale of the certificates of indebtedness or de- | benture bonds, but ‘the general effect of the resolution, he alleges, fs set forth in a cir- cular (ssued by the -Northern Pacific rail- way to the stockholders, a copy of which cireular is made a part of the bill | It fs alleged in the bill that no meeting of the shareholders of the defenddnt com pany has been called to make the ssue of the certificates of indebtedness or deben ture honds; that the board of directors is| witheut power to iseue such call; that at| the time of the issue of the certificates of | stock. to the common stockholders when the company reorganized in 1508 and by the! reorganization WMgreement provided ‘“that | the company shall not put a mortgage on | its property embraced in tho property in | the Northern Pacific eystem, nor shall the amount of tho preferred stock be Increased | except after obtaining in each instance the | consent of the majority ot holders of the whole amount of the preferred stock and | the consent of the holders of the majority of common stock, to b voted separately; that the plalntiff 1s unable to ascertain | whother certificates are to bo secured by & mortgage on the property of the Northern Pacific company or not, but whether secured by mortgage or not it constituted an indebt- ness due and payablo not later than 1907, with interest at 4 per cent, whether the company has any earnings or not out of which to pay it, and an Indebtedness upon which judgment can ba obtained, the prop- erty of the company sold, the rights of the common stockholders foreclosed and that it the common stockholders or a portion of them take advantage of the option offered them to take common stock for their cer- tificates of Indebtedness, the common stock 1s greatly increaged without the vote of the stockholders of the company and without the authority of the law of the state whére 1t was lucorpprated.. Not a Lien A to n Property. The petition alleges that it was proposed fn this way to substitate for the present preforred stock, which in no way, consti- tutes a lten upon the property of the North- ern Pacific company and 1s not a charge agalnst the earnings of the company and has no prior right over the common stock except in priority of dividends, a converti- hle, nagotlable securlty or debenture bond, Yearing Interest at the rate of 4 per cent per yupun; which sald amount of 4 per cent per annum {s a fixed charge against the éarnings of the company and its prop- erty and must be pald whether the earn- Ings for any year amount to 4 per cent upon sald tesue of convertible certificates of in- debtedness of debenture bonds or mot, and under which, it default is made in the pay- ment, of sald Interest or any payment of the prinipal when due in 1907 or at any time prior thereto under the provision of sald cortificates of indebtedness or debenture bonds,’ the entire property of the Northern Paclfic RaHway company may be sold to satlgty ‘the judgment or judgments which way bo obtaingd thereunder and all equitios and rights of the common stockholders ex- tinguished. Scheme Provokes Litigation, The bill sets forth that the scheme has already provoked litigation, which is now pending, and plaintifl swears that by rea- son ot public criticism other serious liti- gatlon will be instituted unless the de- fendant rallway company be restrained from carrying out, its illegal scheme and design, and in this connection it Is allegd that progeedings are about to be instituted against the Northern Securitles company, the Northern Pacific Rallway company, the Great Northern Rallway company and the Chicago, Burlington & Quincy Railway com pany by gome one or more of the states thrqugh which the rouds pass, to prevent the ; consolidation in the manner alleged fn ghe bill, and that the action of these confpanies will invite and arouse hostile and’ punitive leglslation by all states thrgugh which the roads pass, and that in the ‘case the raflway company should carry out fand gecomplish the plans and schemes mentloned it will be subject to have its chatter rights forfefted. 8o bill recites the provision for the con- stitation of the state of Montana prohib- iting the consolidation of competing and parallel lines of railway, and also the laws of the state of Washington prohibiting the consolidation of parallel and competing Mnes, and alleges that the Northern Pa- cific and Great Northern Rallway compa. nigs are parallel and caupeting lines, ve urpose of Company. It is particularly alleged in the bill of coplaint that the Northern Seceurities company 1s a rallroad corporation and was organized for the express and sole purpose of upiting under Its management and con- tral’ the defendant, the Northern Pacific Raflway company, the Great Northern Rall- way company, the Chicago, Burlington & Quincy Railroad company and the systems ot rallways conirolled and operated by ench of thesa rallway companies, respec- tively, and for no other purpose, and that the, Northern Securitics company was or- anized for the purpose of owning, holding nd controlling all three of the corpora- tions mentfoned in the bill and thelr varl- ous systems of rallway, so that all compet!- tlon between these companies may be stified and prevented, and that unjust and in- equitable exorbitant rates for both frelght and passenger traflic may be obtained by them. The bill further a¢ts forth that it 1s the and | eolidate and merge In the Northern Secur! Ihv)r to mecure pay- | for the purpos erred stocks and | Pacific company to turn over to the North | stock of the | pany road, wherewith to pay the $75,000,000 of [ creation of an indebtedness of $75,000,000 | Joined | ings of the ¢ " hey take possossici of the body, au: are Lords of Misrule. They are attended by pimples, boils, th: Atching ! ;‘nl th{u?n. Dnmi other cu feclinge of weaknes: eause more suffering than auythic olee. Health, Strength, Peace and Pleast: require thelr expuleion, and this is pos. tively effected, according to thousands ¢ Srateful, testimonials, by Hood'’s 8arsaparill w w d_permanently drive: up the Whole syvem. THE OMAIA design and purpose ot the Northern Pa cific Railway company, the Great Northern Raflway company and the Chicago, Bure | lington & Quincy Rallroad company to cone tles company, the complete excluefve ratlway the proposed attempted proterred stock of the Rallway company 1s solely of enabling the Northern and systems and that ment of the Northern Pacific ern Securities company ‘a majority of the Northern Pacific Railway com that the proposed and attempted on the part of the Northern Pacifi v compuny ing off Raflw is solely for the purpose of pay and retiring the preferred stock, to the end that a majority of the common | BELIEVES MERGER A VIOLATION CF LAW stock may be =0 turned over to the North ern Securities company It is alleged that in the Northern | Pacific company proposes to and does carry | out the plans and scheme alleged the complaint thatl the plantift will be frre- parably damaged and that he had no rem- edy at law for his damage or injury or any part of It elther against the company o the officers thereof The bill then prays for Junction as issued by Judg; case the weit of Blliott £l ~ to AlL Of ine Ap ors i The order issued and continues Now, therofore, you, the satd Northern Pacifié Rallway company, defendants, vour officers, directors, Attornieys, agents rvant, are hereby manded and to forthwith refrain and abstain from issuing or seliing any certificat indebteduess or debenture bonds evidence or evidences of from creating ahy indebte either direct or contingent of tion for the purpose of raising money with | which to pay or retire th | of your sald company or a or “from using any mone other than the ordinary surplus net mpany to the pay the preferred st company or any th i further, from creating any indebted- | nd Iability for the operating o« penses of your sald rallroad system and the indebtedness and Habllity now existing with a preference or taking precedence over the common stock of your sald com- | pany, and, il further, from placing your | property or any part thereof or the man- | agement of your rallway eystem or any | part thercof fn the posscssion or under the control, either, directly or indirectly, of the srthern Becifritios company or fts office gents or servants of from entering into 1y axr arrangements, either rectly or through the ‘medium of “the Northern urlties company, or | otherwise with the Great Northern Rail- way company and the Chicago, Burlington & Quincy Raflway pany, or efther of | them, their stockholders, diréctors, oflicers or ugents, for the purpose of causing the raflway system owned controlled by you to be operated or controlled under | the same rules or by the sime wuthority as the sald Great Northern Rallway com- pany and the Chicago, Burlingion & uiney Rallway company, or elther of them, and from enterlng fnto any agree- | ment’ with the sald companies, or elther of them, thelt stockholders, direttors, of- ficers, agents, servants or’ at for the purpose of avolding comy and fixing of rates for the carrlage of frefght and passengers, And this injupction you will observe and Keep under the penalty of the law Witnesy the Honorable Charles B. Judge of the_district court aforesaid, Minneapols, Minn., this 30th day of cember, A. D, 1001 Immense Check Drawn. NEW YORK, Dec, 30.—The World will say tomorrow: A check for $34,000,000, | drawn, it {s sald, to the order of the North- | ern Pacific company by J. P. Morgan, was delivered yesterday. It representated part of the subscriptions to the Northtrn Pacific convertible bonds. This check will be de- posited by the Northern Pacific Railway company with the fund of $75,000,000 which was to be used Thursday to retire the pro- terred stock of the company. RAISES TRAINMEN'S * WAGES Baltimore & Ohio Makes Veluntary Increane Becnuse of Ad tlonnl Work. the recites pplication retirement sald il nesy and s Ellfott, af De- BALTIMORE, Dec. 30.—Official announce- ment was made today at the general offices of the Baltimore & Ohio rallroad of an in- crease in the wages of trainmen and switch men on that road. The increase will aver- age about 8 per cent, and was made with- out a request from the employes, the in- creased dutles convincing the management that their wages should be raised. The important IndYease is in the compen- sation of firemen. The present rate on the consolidation is 215 3-5, and the new 2.76 cents a mile On other construction en- gines and three-wheel engines the rfate will be 2.16, as against 2.75 Rear brakemen have been “flagmen’ and wiJk be paid 10 ceuts per day more than ofHer brakemen. A large number of yard engineers, firemen, conduc- tors and brakemen receive increases of several cents per hour, in.aceprdance with local conditions, HILL IS SCHEDULED TO TALK Beltef that He Will Outline Some of His Plans for Ratlroad Properties. designated ST. PAUL, Dec. 30.+A special from Fargo, N. D., says: President J. J. Hill of the Great Northern is to make an.address January 8 to the Tri-State Grain Growers and Stockmen's convention here, and it is anticipated that he may make some remarks on the “merger” that will be of fnterest to the general public. He s expacted to make some official declafations of his in- tentions and the future plans of the roads in the northwest. Revive Old Ofcen, DENVER, Colo., Dec. 30.—The offices ot general passenger and general freight agent, on the Colorado Midland railway, the duties of which have been performed by Trafe Manager H.C. Busch during the last year, will be re-established onJanuary L. Assistant Genernl Passenger Agent Speers and As- sistant General Freight Agent F. D. Hun- ter, being promoted to be at the head of their respective departments. News Agents Must Go, TACOMA, Wash, Dee. news agents on the trains of the M Pa- cific are to be discontinued after January | 1. Daily papers will be kept in the dining cars and supplied by oneof the waiters. Plies Cured Without the Kaife, Itching, blind, bleeding or protruding plles. Nc cure, no pay. All druggists are authorized by the manufacturers of Pazo Olntment to refund money where it fails to cure any case of piles, no matter of how long standing. Cures ordinary cases in six ¢ays; tho worst cases in fourteen days. One «pplication gives eass znd rest. Relloves tohing instantly. This is & new discovery and is the only pile remedy sold on & posl- tive guarantee, no cure nd pay. Price G0o. 1t your druggist dou't keep it In stock send us 50¢ In stamps and we will forward same by mall. Manufactured by Parls Medidine Co., 8t. Louls, Mo., who also manufacture the celebrated cold cure, Laxative Bromo- Quinine Tablet Chief of Masila Flremen. WASHINGTON, Deec. 30.~Hugh Booner of New York bas sccepted the tender of an appoln nt' as chief of the fire depart. ment of Manila. It Is purpossd to organize the Manila fire fighting eeryice on modern American lnes. To Cwi Day. take Laxative Bromo Quinine ‘Fablots, Al\ drugglsts refund the money it It fails te cure. E. W. Grove's signature ts on e box. 26c, | torney General | ernor Herried and Attorney General Pyle of | iting th | dutles Fnot make any statement on AN SANT OUTLINES PLAN| Minnesota Governor Eays Mevemont is Not Fared on Hestility, W North Dakota Dee Ex- vat crnor White clines to pressing His Disapp f the Parpose, | HELENA, Mont,, Dec No action was | taken today at the meeting of the governors | and attorneys-general of the Northwest states called to consider plans for opposing | the proposed consolidation of the Northern | Pacific, Great Northern and Burlington rail way system: From the discussion at th meetings, however, it considered prob- able t the plan of Governor Van Sant [ ot Minnesota will be indorsed by the ex- ecutives of other states who were present and that the fight against the ratiroad | consolidation will rried to a finish. | What this plan is Governor Van nt re« | tused to state until the meeting tomorrow morniog shall have taken action. he me were held In Governor | Toole's private office, and behind closed | doors. There w present besldes Gover- | nor Toole and Attorney ral Donavan | of Montana, Governor Van Sant and At- Douglas of Minnesota, Gov- be ¢ a S nes South Dakota, Governor Hunt and Attorney General Martin of Idaho and Attorney Gen- eral Stratton of Washington, Governor Me« Brids of that not being able to be | present on account of the death of Gover- nor Rogers. Governor White of North Kota ‘was also expected to attend the ference, and in fact had telegraphed Gov ernor Van Sant that he would be present In a later telegram, however, he stated that 1s was fmpossible for him to attend the | meetings con- Van Sant Presides. Tho meeting was organized by the elec- tion of Governor Van Sant as chairman, and Attorney Qencral Martin of Idaho as sec- retary. After reading Governor White's communication, stating that he would not be present, Governor Van Sant made a briet speech in regard to the objects of the meet- ing, glving a brief history of the proposed railway combination ana the effect he be- lioved it would have on the states affected. “The glate of Minnesota,” said the gov- ernor, “has had on etatute books for more than twenty-five years laws prohib- consolidation in any way of paral- lel and competing lines of railway. It has been the settled policy of our state to maln- tain a free, open and unrestricted compe- titlon in freight and passenger rates. The Great Northern and Northern Pacific rail- way compamies operate parallel and com- peting lines of rafllway within the state, They are practically the only roads which furnish any transportation facilities to the northern halt of the state, with the excep- tion of the two known the ‘Iron Ore roads.’ eviews the History. ‘It has been recently announced that Mr Hill and his assistants have obtained the control of the Northerm Pacific Rallway company and intend to operate the same Jointly with the Great Northern and in ef- fect bring about a consolidation by remov- ing all competition and all Tivalry be- tween these roads. To this end the North- ern Securitles company was organized In New Jersey to acquire a controlling amount of the stock of the Great Northern and Northern Pacific rallroad companies in exchange for its own stock and it Is through the company that the unity of management and control is to be effécted As soon as this fact became known to me. I felt it my duty as governor to do every- thing in my official power' to oppose the consolidation or amalgamation *of these properties within the state of Minnesota. If there is such a consolidation contem- plated and that fact seems to be practi- cally conceded, it is an open violation of the law as well as against the declared public y of the state of Minnesata, and I feel 1 should be negligent of dutles if 1 remained quiescent under such clrcum- stances. Other States Interested. ‘I have been informed that the states which you gentlemen represent as govern- ors and attorneys general have statute laws stmilar to those of the state of Minnesota, and that this was a question in which our state was not alone Interested. Acting upon this Lellef T took the liberty of ask- ing for thid conference of governors and attorneys general of the various states through which these two. roads pass, be- lieving that all such states were equally Interested in malntajning the principal heretofore asserted in the state of Minne- sota and reasserted here in its objection to this consolidation. I folt that the interests were o vast and at the same time similar to those of our own state that the states of which you gentlemen are the offictal heads should be consulted, and If possible such methods of procedure adopted as would be uniform “The people of the feeling certaln that state of Minnesata, competition has been the chiet factor in her development and equally certaln that Its destruction would result In the greatest loss to both producer and consumer, has determined to oppose this consolidation No Spirit of Hostility. “This determination is not entered into with any spirit of hostility towards rail- roads. Our state has dealt liberally with them, and has deeded to the varlous rail- roads operating within the state more than 10,300,000 acres of land, or more land than 1s under cultivation by the people of Minnesota, and by the state and national government at Washington some 20,000,000 nores, being double the cultivated acreage in the hands of the agricultural population. In view of this.and other priv- {leges granted by the state it is but just to say that railway companies owe reciprocal to the public, - including cheerful oebdience to our laws. I should be pleasel to hear from each of you gentlemen on the subject and some general expression as to the policy which the people of the north- west, through you, their representatives, believe to be best for the public welfare.” 741 wish the Assoclated Press would state for me” said the governor, “that I will this matter until the conclusion of the conference. 1 have received B score of telegrams asking for statements in regard to my proposed action, but until this conference is over 1 will not talk.” The visiting governors and attorney gen- erals were given & dinuer this evening at the residence of Governor Toolo and later were gueats of the Montana club. White Will Not Attend. BISMARCK, N. D, Dec. 30.—Governor| White of North Dakotm will not attend the conference of governors at Helena for the reason, he says, that instead of belng a conference to dlscuss the matter of the rallroad merger, with a view to ascertain- ing the facts In the case and whether any state laws are being violated, it has come to be heralded abroad as a meeting in open hostility to raflroad interests, with adjuncte of extra eesslons and other things, before the matter has been discussed at all. The following statement of Governor White's position was authorized this afternoon: s the people of North Dakota d, there has been no demand | DAIL. | ownership, TUESDAY, DECEMBE 31, 1901, ‘ppfl on the §F ¢raor ffom any source to mix in_this maiter, The people of much alnrmed be biinded to 1 irth Dakota are not so the proposition as to the fact that regardless of | so far as rates and regulation | ralironds are concerned, they wili | irrender any power at pfwsent posseased. | henever the ratiroads oppre 13 | we will find o rentedy, Th not been injured by the so-called me and It 1s beat to await developments ——————————————— Amusements ————————————————— “The Merchant of Venlee''— / i five acts, by William Shakes »duced at Boyd's theater Monday Sir Henry Irving, Ellen Terry | London Lyceum company THE CAST A comec peare. | night by and the Shylock Bassanio Duke of Vénice Anton| . . tince of Morocco Alanio e Salarino . Tionel Belmor Gratlano F. Tyars | Lorenzo WK Asherort ubal Mark Paton Linung Dodsworth | Reynolds | Ghaham ok rion W, Ablett F. Daviss Mabel Hackney Maud Milton <Ellen Terry Honry Irving | A¥thur Royston R. P. Tabb Laurence Irving | James 8§ Hearn | abbo. Gobbo ) T W H W Nerlssa . Portia Whatever Shekespeare's nature may have been—and it Is only charitable to think he wae fufluenced by the prejudices of his day and sought to curry favor by catering to a r passion—it {s certaln he drew a most unlocvely caricature when he gave the world Shylock. That the portraiture is a car fcature all Shakespearean students admit, and some even go #o far as to apologlize for | the master. Yet withal it is a character of such marvelous possibilities that the best actors since the day of its creation have found iu 1t ample scope for all their capabllities, and no two in modern times have given n« the same conception of the part. Sir Henry Irving is very faithful to the character as it appears in the lines of the written play. Hlis interpretation based on the fundamental nature of a man | the current of whose life has been turned awry by unkind fate, and who sceks through vengeance (o obtain solace for wrongs put upon him. Not one jot does Sir Henry abate of the vindictiveness that has given the name of Shylock its modern significance and at no time does he In any way lessen the truculence of the spirit that seeks re- venge on a whole race of men through one His grief over the elopement of his daugh- ter is pitiful; the breaking heart strings are heard In the sob with which he tells of the turquoise ring he had of Leah “when 1| was a bachelor. 1 would not haveygiven it for a wilderness of monkeys.” In the court scene he has forgotten his dignity, his grief, his business—everything but his desire for vengeance. “Until,”" be says to Gratiuno, “you can rail the seals off my bond, ttou but offendest thy lungs.”” His hatred of the'merchant, grown so fierce since Lorenzo struck the blow at his hearthstone, burns in all his acting until that time when Portia, the fair pettifogger, calls his attention to the fact that his bond is fatally weak in one particular. Then he awakes. His dream has passed. Knife and scales fall from his nerveless hands, while in his' eats ring the words of the judge who promountes on him his doom: In that final scene Sir Hehry gives a sub- lime picture of a man stricken in his most vital point, his home wrecked, his worldly goods taken from him, his vengeance balked and his life forfeit, but offered back to him on the condition that he ao- cept in outward form, at least, the religion of those he most detests. It is a picture which easily enllsts the sympathy of all beholders, and' fef can escape a pang of gret at the thoukht that the lines compel the broken oM fnam, when he hears re- hearsed the distasteful terms on which lite 18 offered him, to answer: “I am content.” Even Shylock in real life could hardly have done that. Sir Henry gives us Shakespeare's Shylock, and yet he undoes Shakespeare's lesson, and by tlie very force of *his art gains the compassion of most for him the dramatist sought to pillory. Miss Terry Is delightful as Portla. She has the winsomeness of the girl tempered but little by the dignity of the matron. In the casket scene she has little to do but look charming; In the court sceme she dominates with the cheerful assurance that has marked Portia as the attorney's model of what a pettifogger should be, and ladles out decisions, just or unjust, legal or oth- er®ise, with the abandon characteristic of her sex. Her womanly Intultion rather than her learning in the law led to the un- dolng of the plaintiff in the case of Shy- lock against Antonlo. It is when she and Nerlssa put Bassania and Gratiana on the gridiron that her roguishness finds its full- est swing. That last act of the drama is a most effective anti-climax, and Miss Terry and her associates make the most of it. pop! Of the company it is sufficlent to say the members are all worthy of the high privilege they enjoy of belng numbered among the supporters of prinaipals so eminent, All who love the English language in its purity and find delight in its proper use and chaste enunclation were greatly entertained last night by the company which assists Sir | dlanapolis OMAHA CENTER OF ACTION \ I \ Frank Bandle | “d to Hold Amerioan Asso- e Franchise, HICKEY cnvzs’\rr LETTERS OF ROURKE Granting of ] ” ty Remnrded arat the Fran this n of War—Cluhs Give Rosters KANSAS CITY, Dec. 30.~Representativas jof the eight citics which are to comprise the circult of the new base ball league the American assoclation, as outlined by Its promoters, met in éxecutive sesslon at the Baltimore hotel in this city today and took the necessary action to the or ganization of the association Three se- cret sessions were heRl behind clored doors, with President T. J. Hickey In the chair The magnates In attendance and the cities they represent are as follows H. D. Quinn and W. Clingman, Milwau kee; W. H. Watkins and Rauschaust, Ir Charles J. Strobel, Toledo; T J. Brice and Murchison, Columbus; George E. Lennon, St. Paul; Walter Wilmot, Min neapolis, and George Tebeau and Dale Gear, Kansas “City. Omaha was represented by proxy by H. D. Quinn of Milwaukee | The most important business transacted | consisted of the adoption qf a constitutiou, | the awarding of the various franchises of fclally to the respective magnates of the | assoclation, and especially the disposition of | the Omaba franchise | complete front and will soon vie with the ones. Tennis players take Among the star squash play now are Luther Kountze, Charles untze, Frank Haske Ezra | Millard than P. Dodge and Dick Stewart A other tournament will be begun this week ALL DEPENDS ON PETER MAHER " idly to th expericnced it_reu o fuiat ABSOLUTE SECURITY, Jefirles and Fight sailor rk om [ y win Whips hman NEW YORK, Dec. 50.-Jim Tom Sharkey were matched fight which “wiil Involve the fistic champlonship of the world. ““Rilly Delaney, who I8 Jeffries’ manager, met Tom Sharkey and his manager, Harney Refch, at Tom ey's resort here th afternoon. Delaney sald that he was anx Carter’s v b e e | Little Liver Pills. him_ due notice of his whereabouts, but | Must Bear Signature of g Fitzelmmons nor any representa Inney clinched the bargain with 8hark v | of Wik put in an appearance D Aceord| to the articles of agreement 800 Pac-Simile Wrapper Bolow. Jeftries and foday for a heavyweight 3 the fleht will tuke ny day hel tween March 17 ar 1 wefore th offering the best ‘indicements wmes C. Kennedy, representing J W roth of the Yoscmite Athletic ciub of - Franc bid f2lg per cent of the gross vecelpts, and men tmmediately agreed to Hght In Suo 1 isco under that club's auspices. There ts a pogsibiity that the mon will not meet that ne cording to the articles of agreement, is the chance that Sharkey & defeated by | Peter Maher in their bout in Philadeiphia | in the third week of next year The bout | will be declared oft Sharkey suc- | | i cumb to Maher FITZSIMMONS WILLING t Would Cone | [0 1 T FOR NEADACHE. FOR DITZINESS. FOR BILIOUSNCSS, FOR TORPID LIVER, FOR CONSTIPATION. FOR SALLOW SKIN. FOR THE COMPLEXION CARTERS fred, b Any Offer Jeftries, Saye He He wid v QURE 21QK HEADAQHE. NEW YORK, Dec. 30 —Rob Flizsimmons | Constitation and After the Hickey announced business brought the constitution dent sald that the constitution not Qiffer materially from the constitution of | the old Western league, only minor changes Delng neccesary to suit the purposes of the new assoclation. It was decided that un form tickets should be used In all of the towns The leases held magnates were | turned over to President Hickey and the | sesslon_adiourned | Mr. Hickey stated that he had three- | yoar leases on parks in seven cities in | his possession, all of the cities except | Omaha 1 At the afternoon sessfon, it Is understood, that the Omaha t 1 yelaws, morning that up and sosslon the first was the by-laws Presiden important adoption of The does prest by the but not officlally given out franchise was awarded to Frank Bandle Omaha, an old ball player and practica business man. Milwaukee capitalists are backing Bandle, but he will have fmme- late charge of the team. He appeared in | the meeting this afternoon and made a | strong plea to have Omaha included in the American assoclation circuit Declaration of War. The awarding of this franchise amounts | to a declaration of war agalnst the Western | league in Omaha W. A. Rourke owns the Western league franchigse. President Hickey tonight gave out some correspond- | ence which he bas lately had with Rourke Mr. Hickey on December 27 wrote a letter to Mr. Rourke, in which the latter s re minded that he was awarded the Omaha | American assoclation franchise at the Chi- | cago meeting, but had failed to make good his guarantee. The letter invites M. Rourke to attend the Kausas Clty meeting called today and be prepared there to put up the guarantec or return his franchise to avoid legal dificulties, Mr. Rourke's re-| sponse, dated December 30, states that he | owng the Omaba franchise in the American | assoclation, and any attempt to disturb his | rlghta In the premises would be resisted | by him in the courts. The president was given power to make the schedule, which will be adopted with- | out changes. An admission fee of 25 cents will be charged in cities where there fs competition. Charles J. Stroebel of Toledo, who was awarded a one-year franchise in the clrcuit at Chicago, was today awarded a five-year tranchise. Watking, Wilmot and Febeau | were appointed a committee on playing rules. Rosters of Players, The next meeting of the association will probably be held In Febfuary and all future | meetings will be in Chfeago. All the mag- nates were a bit shy about announcing their lists of players, but a roster of those claimed was finally prepared and glven out as follows Kansas Clty—Pltchers, Wolfe, Gibson, Welmer, Gear, Oscar Jones; catchers, Be- | ville, Messett; first baseman, Brassh shortatop, Dundon and Leewe: third base- man, Robinson; outfielders, Miller and Har(- man. Indfanapolis—Pitchers, Kellum, Sudhoff, Ralph Miller; first base, B. Meyers: sec- ond base, Fox; flelders, Woodruff and pos- sibly Hogrlever. Columbus—Pltchers, Dailey, Cogswell, Dunham, McMicken, Walker, Wagner; first base, Jack Grim; second base, Evans; third base, Grifin Toledo—Pitchers, Eddie Joss, Al Pardee: catcher, Graffus; third base, Cargo; short- Henry Irving and Miss Terry. Two other things contribute to this enjoyment—the fidelity of the actors to the lines of the playwright and the artlstic environment of scenery with whicli the plctures were sur- rounded The performance did not prove the soclal event that did the appearance here two seasons ago of these distinguished stars. The audience wus made up malnly of Shakespearean students and those who en- joy seeing perfect protrayal of the highest type of dramatic art. This fact' wad a tested by the spontaneous enthusiasm and applause accorded each of the important scemes. Following the trial scend of the fourth act both Irving and. Terry were forced to respond to repeated encore Sir Henry finally tired of bowing his ap- preciation of the demonstration, stepped to the footlights and thanked them by word of wouth. In part be said “It Is my pleasure to once again have the opportunity of thanking you for your gen- erous appreciation of our efforts. It brings to mind a similar welcome which 1t was our pleasure to enjoy In your city two years ago, and 1 sincerely hope that w shall all have the pleasure of meeting agaln not only duriig our present stay in the city, but at a future time. Agaln, in behaif of Miss Terry, my company and myself I wish tp thank you and beg to remaln al ways your loyal and truly humble servant.” -Governor and Mrs. Boyd, Jay and Miss Boyd. Box B—B. H. Barrows, J. C. Thomas and Migs Thomas, Mr. and Mrs. Cadet Taylor, Box_C—Mr. and Mrs.Mandleburg, Rabbi and, Mrs. Simon Box F—C. A. Bolter, Thomas Arthur and E. S Garlson of Logan, Ia. Box_l:-Mr. and M, W. J. Burgess, Mr. and Mry. Oscar Willlams. Hox H-L. E. and Mrs. Willlams, Mrs, ©. H. DeWitt, Herman DeWitt and Lucile Anderson of Glenwood, la. Box N-George H. And Mrs. Thummel, Judge and Mrs. T. E, Gafty of Plerra, §. D Box M—Mr. P. E. 1ler, Misses Edith and Besslo Tler, Peru Inviting NEW YORK, Dec. 30.—The Ecuadorean government has ascertained that Peruvian parties have occupied certaln reglons in the ecasterly part of Ecuador, says the Guayaquil (Ecuador) correspondent of the Herald, It will protest energetically lnst the occupations. ouble, stops, Grosart, Woodlock; flelders, Miller, Hobby Gilks St. Paul—Mike Kelly, manager and cap- | tain; infielder, Hollingsworth | Minneapolis—Walter-Wilmot, manager and captain. £ | Milwaukee—William Clingman, manager | and captain; first base, Jack O'Connell catchers, probably Klelnow and “Kid" | Speer; fielders, probably Sam Dungan, Thiel | and Hemphill. g The night session routine matter. was occupled with PLAYING SQUASH IN OMAHA New and Strenua by ~ Game Recently Taken Organized Racquet Club, punetl Bluffa won firat squash tournament of the Racquet club by de ting N. P. Dodge In the final round on the club courts at 1% S8outh Four- toenth street. Twelve players competed in the tournament . Squash {8 a new game In Omaha. The club which is now playing It was formed two months ago, and operations began at once. The old Hartman hall was secured and partitioned off Into two courts and shower baths and locke rooms. Each court is 30x26 feet and the room in which it f8 lald out must be just that sige. The game s played against the four walls of the room, somewhat affer the manner of handball, except that tennls racquets are used. Only two players can engage at & time in_one court The object 18 to compel your opponent to miss the ball, which is an ordinary tennis | ball, either on the fly or the first bounce. A court is divided lengthwise Into halves. Rach. man takes one and the server starts the game by batting the ball agalnst the front wall 80 that it falls back Into his op- ponents court, The latter then strikes it ack against any wall regardless of local- ity, for after that first serve the ball may fall anywhere Play 1s continued falling to return th bounce. 1f tho server misses. nelther player scgres one point, but the serve passes to the other man. If this other be the one who missed, however, the server scores one, and retains the serve. Thus only a server can score, and the way to win s to keep the serve hy not missing. Fifteen points count a game. The game 18 extremely strenuous and re- quires the greatest actlvity of any indoor contest played. he mere fact that the ball may bounce against any of four walls explaing this. The fascination of the sport lew in its spe Twenty-five members comprise quet club. The expenditure of on the quarters has produced equipped set of rooms. Men whe racquets at school are naturall this game, but others are now coming rap- Dick Stewart of the till one on_the man missos, fly or nrst the ] | west [JEFFORDS ~THE AGGRESSOR | }in the first roun | Willie notices N the Neach and informed that Jeffries and Sharkey had been matched. e sald IFrom reading the many advance sent by Jefiries and Delaney fro A siaft ¢ ons from ave, at the nt solieitation ) number of p: ts under their ea during the last few weeks 1w to helieve that was hot after me country, establixhied a permarier the Institute in this elty, at emiy the ry t pnysicians Brittsh Medical 1 and sure titute was comly N to make me ex- traordinary indu to ket me to fieht him. Tn the fir effries 1% not here and, n the sec 1 have not recefved any great offer he had to make. Delaney did not notify me personally he wax in town I have re from the ring, but I cor tainly would have considered any offer Jeffries or bis munager offered to mak had 1 recetved it DETROIT LETS VL'ANGE PASS | Vg largo n this t branch of Corner of 16(h and Farna B streets, Bonrd o€ Tra These eminent gentiemen nave give their services entirely free three months (medicines excep ) to all invalids who call upon them for treatment between now and Janvary 9 The cbject In pursuing this course is to become rapldly and personally ncquainted with the sick and afllicted, «nd under no conditions will any charge whatever b made for uny services rendered for three months to all who call before January 9 Male id female weakness, catacrh and catarrhal deafness, (lso jupture goitr cancer, all skin diseases :nd all discas Leclded to A or Wants Dollars and MeNa Lenguer cels the Deal. 10.—The signed « ¥, who was with Cine (nd' First Buseman Frank Dillon, were received today by Secretary MeNamara of the Detrofi base ball eluh Negotlations hetween the Detroit club and | Bil Lange, formerly with the Chieago Na tional league club. are off g wired | that Datrolt “would have t Tter than | of the rec S RelOVaiY Sard b 6,000, a8 the Boston leagie Hinte!| & e tens it HEE HORLIVGLVESUFEE by fered him that salary.” Secrotary McNa- [ 9€W freatment mara declined to offer such figures. . ALLE v Do fords of California and Jack | of Philadelphia fought fifteen rounds hore | MIN u I E tonight in which the Californian had much 4 the better of the Jeffords drew blood | Cures Quickly hand In the se 1 round sent the Philadelphian to the floor with a hard right-hand punch, After that Mc Cormick braced up und managed to st the limit It has long been a houschold favorite for Coughs, Colds, bronchitis, Pneu- monia, Asthma, Whoeping Cough and all other Throat and Lung Troubles, It is prescribed as a specitic for Grip| Mothiers endorse ,it as an 1afallible remedy for Uroup. Children like it. Prepared by E. C. DeWItt & Go., Chicago. BEAUTIFUL WOMAN L6 often distressed by Gray Imperial Hair Regenerator will remedy this. Any sharte from Black 10 the lghteat ASh 11 Colors are dnrsbin ® polntely agnleas ared tres. Correapandeiiie ot Impertal Chemical Co DETROIT, Dec of Outfielder Har cinnati last year Big Calitornian ¢ MeCor ¥ St. Charles Defeats Krogw, In o league bowling game last nleht on Clark's allevs the St Cha team tock three straight from the Kr Parks. ore T. CHARLE! 18t 161 1 15 1158 19 Fritscher Lavidg Southy Flanagan ... THALS 865 81 KRUG PARKS 15t Conery W18 Nielson Zitzman F. H. Krug Bengele Total. i | Total MW an Wrestler Wi N Cn ROCH McLeon of beat Mort “butcher boy agreed to put Dec wnada, the Scoteh Henderson, ~the Rochest “in a match tonight. He Henderson down five times inside of an hour and accomplished th undertaking In 45 minutes 45 seconds, Henderson welghed 150 and Meleod 160 Day Wwres deutial eesscsesssssssnencccced Stop! That ber Gans Too Heavy. PHIA, Dec Jos Youngs of Buffalo was completely outclassed by Joe Gans of Baltimore fonight in what Was to have been a six-round bout at the opentng of the new Washington Sporting club. In tne fourth nd Youngs had snough and retired PHILADE 20 ever Ix The you ovet think humdr divid s He Wiant Ad very Sund, bestdes (his who are irae num onally inter ted, there nre dred that are Interested fn over classiticatio Tht found for every classtiieatton: nohe want of mortal GET IN LINE Don't you think yo Ther i ;l:t ‘;:”'h.l“ ) Wit 1 had better of “1iz @eccocssscsssscosccssscssoscccscscone @eccceccsece Howell's Anti-Kawf Bra e will knock a cough, or win into the middle of 1 for wores. any one to sell you any other Antl-Kawf Trlal Roliorad next k From Geo. C. Geick, Owens MIll, Mo.: | pon't allow “Some time ago I bought a package of Pyra- | kind, The mid Plle Cure for my wife, who had suf- [ 250 a bottle fered very much. The first trial did her | more good than anything she has ever tried. | It Is fust what is claimed for it, for it cured her completely.” For sale by all drugglsts. Little book, “Piles, Cause and | Cure,” maliled Pyramid Drug Co Marshall, Mich OMAHA-TEXAS olL o, Mr. H. F. Pierce, president of our com- pany, wired from Beaumont, Tex., today as tollows we good cold @'s none %0 good A8 AMUSEMENTS, ’ Woodward & Hurgess, BOYD’S — "Nl TONI 1T AT 8 SHARP, HENRY IRVING-Miss ELLEN TERRY Doubl bill WATERLOO." luy.mrul Hrewster Henry Irving MM SANS GEN Henry Irving as Napole Mme night NANCE OLDFIE] BELLS Prices, W N Thursday. Friday, Sat. Mat. and MARGUERIT SYLVA, In THE PRINCESS CHIC matinee. e, n; Toc, $1, $1.50, night Prices o, M “Just returned from fleld. Our well down 865 feet. Building of joint pipe lines and tanks nicely started. “H. F. PIERCE," A HAPPY NE e Wedneaday, Saturday and Way, 2105, Every cvening, 316 HIGH LASS VAUDEVILLE Cressey und Dayna, Kara, Ward and Curren, Fraam wylor Blsters, Ada Arnoldson 1K inod Prices, 10c, 25 [ Seats cuh be reserved Matinee AR BILI Matin Sun- Remember, shares advance to 50c per share, or higher, ‘when gusher is brought in Less than 200 feet left to drill Bales of stock Increase dally as the well goes down Remit to H. 1. FORSYTH, cretary and Treasurer for New Year's EPHONE 29 ¥ AN~ 100, 200, cluding Saturday Even LWERS n MATIN Weck, | SEY LI YOUNC 1 srhett, Mngr) who defeated wvern, At _every performancy night. “ Kyenfng pricest 10c it you ke advance E JE (Joh Torry Me matines and 0. Hmoke Sapp Block - Councll in Bluffs,