Omaha Daily Bee Newspaper, July 11, 1902, Page 7

THE OMAMA DAILY BEE: FRIDAY, JULY 11, 1902. GENERAL FREDERICK DIES Omaba Business Man of Military Record is at Rest. FUNERAL WILL PROBABLY BE ON SUNDAY ow Members of Loyal Legion Are to Have Charge—His Hintory in Times of Wi a Pence. 4y After & year's {llness General Calvin H. | Frederick died at his home, 621 South Eighteenth street, at eight minutes before 5 o'clotk’ Thureday afterncon. Paresls, combined Wwith the gradual deeifve of 6la age, was the fausé of the demise, Wwhich was expected. The particular attack which resulted in the death of General Frederick began thres woeks ago, and he had been ‘confined to his bed during that time. Grow- ing dally weaker, he lost all consclousness early in the morning and remained in that condition till the end General Frederick leaves bis wife and one son, Charles Frederick, who is in Har- risburg, Pa. Funeral afrangements have not been definitely made, but the tfme wil be next Sunday in all probability. The Loyal Leglon, of which the deceased was a member, will be in charge. Severe on Mra. Frederick, The seventy-fourth anniversary of this | ©0ld oldier's birth had but recently passed, 1t belng most appropriately timed for Me- | morial day, the 30th of May. Mre. Fred- | erick 1s 70 years of age, and the death of | her husband after twenty-eight years of wedded life fa & crishing blow to her, | though she knew it was soon to occur, and | 18 bearing up as well as could be expected Mrs. Frederick was with the general at the | time of his death and also during the last | interval of his conaclousness. He spoke to her Wednesday night and then lapsed ap- parently Into unconstiousness, being un- able to speak agaln. When she came to his side Thursday morning early he evinced signs of knowing her, but was unable to speak. Relatives Are Few. Mrs. M. C. Burnham, a nlece of Mrs. Frederick, and her daughter Olive have been living with. the aged couple the past | few years and are still at tbe home. Be- | sldes them there is only Stuart McDear mid, who has been there for three months | past taking care of Mr. Frederick. The | deceased had but few relatives and none are expected for the funeral. By this death Omaha loses ome more of fts cherished mllitary figures. ~General | Frederick was a real soldfer. He had the | erect earriage, the commanding helght, the fmposing bearing which tradition attributes 1o the ideal type of militery man, and he had more than that—a record that more than bore ont his martial appearance, The detalls of his lite as a business man, a sol- dier and agaln a citisen form a romance. His War Record, Born In Hamilton, Madison county, New York, and reared in Philadelphia, he waited only until of age before hastening west. In 1861 he reached St. Louls and there started n the hat trade, learning It in_the thor- ough way. After some years h¢ started in the business for himself. Thus the civil war found him, but he immediately aban- doned his private interests for the army and raised a regiment, the Ninth Missourl volunteers. He refused to take the coloneley, letting that go to a regular army officer, and was soon commissioned lleu- tenant coionel. He commanded the regi- ment in the campaigns through Missouri, Arkansas, Missidsippl, Alabama, Tennessec and Kentucky, served at Corinth and Stone river and was wounded at Pea Ridge. About this time he recruited the regiment in Illi- nofs, and It was changed at the Instance of Governor Yates to the Fifty-ninth Illinois volunteers. Commanis Reserve Corps. In 1863 Colonel Frederick resigned and was appolnted lteutenant colonel of thé Veteran Reserve, corps the same year, being In com- mand of the depot camp at Washington, D. ©., and organized troops there up to Decem- ber. He later commanded the Fifth regi- ment Veteran Reserve corps and Burnside barracks, and was a member of the First srmy corps board of Generals Casey and Hanecock for the examination of officers. In 1865 and 1866 Colonel Frederick com- manded a regiment and garrison in Indlana, | White representing the Elkhorn: James E. and during this time was made first brevet colonel of volunteers and then brevet brig- adler general of volunteers for conspictious dlectpll nd gallantry at the battle of Pea Ridge. In July, 1866, the general went Into the regular army as first lleutenant of the Forty-fifth infantry. He was in turn brev- eted captain and major of the regular army for his gallantry in the clyil war, and then remain with his company at Nashville till September, 1868, when he weat to Louls- tsville, Ky. th bis command for a few months. o Career Be About that time ~Lieutenant Frederick was transferred to the Fourteenth infantry end went to Fort Thompeon, Dakota, re- maining until 1870, when he was transferred to Fort Omah At this point begins the general's Omaha career. He resigned In December, 1870, shortly after coming here, and started In the hat business in this city two menths la In 1874 be went east to Binghamton, N. Y., and returned with his wife, who had been Miss Helen Morgan of t place, daughter of Major Augustus Mor- gan. S'nes that time Mr. Frederick has been constabtly {n businees here. Hie first home was at Eighteenth and Farnam streets, ‘where the Davidge block pow ls. Later he moved to R Capitol avenue residence while Be bullt the present home where he has Mved twenty yeurs. Intimates Few, but Dear. For the last year General Frederick has been unable to attend to business dutie: Until’ th o always at the store in business hours. He was a man of few | timates, but loved those well. Among ¢ osest friends were Judge Lake, Colonel Hathaway, Mayor Moores and Hobart Wil- lams, and his favorite pastime of late y with a game of cribbage with one of these. General Frederick was & steadfast patron of The Bee. His advertisement has been prominent in the newspaper ever since it started. In the first issue he bad an “ad,” and it has been o led through every day sioce that time, more than thirty years ago. RAILROAD TAXATION IN COURT Full Stenographic Report of Hearing in Mandamus Case by Nebraska Supreme Courte=ra: i state board, and as a result of that con- ference an answer was prepared then and there upon the very day on which they con- terred. And the state board of equaliza- tion denfed it had exempted $200,000,000 worth of property and put in lssue the question whether they had or had not as- sessed all of the raliroad property in this state, and it s for that reason that it may be necessary for us to take some oral testimony here. Chiet Justice Sulltvan=I presume the im- portant question at present is whether the taking of this testimony ie likely to con- sume any considerable amount of time. What is your idea about it, Mr. Simeral? Kelby, representing the Burlington system, | Simeral—I think we can get through with and Frank T. Raisom representing lhe=mlr testimony by evening, I would say, if Pullman Palace Car company, appeared as | we start In at a reasonable time, if not triends of the court. The stenographer's |sooner. Mr. Harrington suggests that two report of the proceedings of the first ses- | hours will be all it will be necessary for us. sion of the court, which was largely devot- | Mr. Prout—Do you mean two hours for d to & running argument as to the taking | the taking of the testimony? t testimony, Is as follow Stmeral—Yes, perhaps less than that. Chief Justice Sullivan—Have you arrang- | Judge Sullivan—What is the nature of ed the order of procedure of this case of | the oral testimony, if there is no objection the State against the Board of Bqualiza- | at this time to stating it? tion? Simeral—There 18 no objection. The first Attorney General Prout—I think no order | thing will be the records of the returns tas been arranged. 1 understand, if the | before the board; that is, as made by the court please, that the relators propose tak- | raflroads, as showing the amount of phys! ing testimony. 1 will state If that is done, | cal property they have and such other re- that 1 do not know the nature of the tes- On Tuesday morning, July 8, the supreme court convened In special session at Lin- ¢oln to hear the showing of the relators and respondents In the matter of the ap- plicatton of The Bee Buildlng company, of Omaha, for a mandamus to compel the State Board of Equalization to correct the ment of the rallroads of Nebraska. hearing the relator was represented by Messrs. B. W. Simeral and John D. Howe, of Omaba, and the corelator, M. F. Ha rington, of O'Neill, appeared for himself. Attorney General Prout appeared for the respondents, while John N. Baldwin repre- senting the Union Pacific system; Ben T. turns as were before the board at that timony they intend taking, and it may be | time, that the board will require time In which | Judge Sullivan—I asked you to make to meet it. The briefs of the relators and the friends of the court are all on file. 1 bhad supposed that we would proceed on them, but yesterday subpoenaes were served on witnesses, and 1 presume the intention Is to take testimony. Mr. Simeral—If your honors please, the testimony that we purpose to take, princl- pally at least, will be the records of the board itself, o that the court may have before it the same testimony in reference to the facts pertaining to assessment of this property that the board had, and T tmagine it will take but a very short time. Besides, most of the testimony ls record proof, documentary whelly. There may be some annual reports of the various roads offered in evidence, but they also are docu- | mentary. 1 presume there will be no ob- jections though. I don't suppose the roads will object to thelr own annual reports be- | this statement 8o counsel on the other side may perhaps indicate the time that they will probably consume in meeting that lssue of fact. Simeral—We desire to introduce whatever was before the board. Now, what that was they know just as well as we do. Then there will be some testimony with regard to what the members of the board sald at the time the argument was had before them as to whether or not they would a gess the franchise. Then there may be also the testimony, or rather the records, of the annual reports of the various roads that are in this state that have been assessed by the board. We may also ask that “Poore’s Manual” shall be offered in evidence; it w: produced befors the board, I understand. Then there may be another matter come up that it will be necessary to prove—that is the assessment of the municipalities of bit of ors "estigiony, bt mot vary much. 1 don't | OHABS, South Omaha and Lincoln as they stbtiods. Therd. will e auyibing that 'w are assessed by city assessors and not by the county assessors, but I presume it is well known to all parties here what those assessments are, and we may be able to ree as to that. It is practically conceded, least by the B. & M road or Mr. Kelby's brief, and there will be no dispute about that. As to the market value of the stock, we have had that computed from the news- paper report sent to the newspapers by the Associated Press, and we have the newspapers here for it, if they wish to go through them, 8o that will not take very long. As I say, It is mostly documentary. Mr. Howe—The only subpoenas sent out were for two members of the Board of Equalization. Simeral—And one of th that Is the auditor, is undoubtedly the only one that we will wish, and he will be merely for the purpose of proving the record of the board. Prout—If the court please, the euggestion that they want to introduce the newspa- pers and thelr stating that we can go through them If we desire, causes me (o suggest that it may take longer than halt ® day. The further suggestion that they desire to introduce proof of the assessments in Omaha, South Omaha and Lincoln sug- gests thie further, that the board as a matter of fact in finding the value of these roads took Into consideration not only.the assessments of Omaha, South Omaba and Lincoln, but the assessments of various counties in the state, using as a basis the result of the action of the Board of As- sessors in the respective counties through- out the state. The meetings of the boards are in pursuance of the law requiring them to meet in March before commencing their work. The board has in the office letters cause the respondents themselves to Fo- quest time. I can't tell though. There will be mothing but what is cognizant to thel selves as well as ourselves. 1 will state further that ali we want to do is to prove the issues that were made up at the time that the amended answer was filed. Of course, it they had left it ae in the begin- ning, there would be no necessity perhaps of taking this testimony, but that fs not our fault, and we are only meeting It as it comes up at the present time. Mr. Prout—I am not finding any fault. I wish to suggest, not knowing the nature ot this testimony, that it might be necessary for the respondent to ask time in order to produce further proof. Mr. Baldwin—May it please the court, &8 we are sitting here and appearing here as a friend, and because of the interest of the Union Pacific, which I represent, I desire 40 say that this proceeding is a little bit peculiar. We had understoood that the matter was to be submitted at the time the order was made by this court at jts last sittting, and opportunity was given the relators and respondents to file briefs. It is difcult, theretore, to appreciate or un- derstand the extent and scope of the intro- Quetton of evidence. The briefs have been prepared upon the state of the record a is made up to this time and our briefs friends of the court and those of the re- lators have been prepared and’ filed. The statement made by Mr. Simeral that the testimony would be brief is from his side, and from his view of the case. It might be very important for the respondents then to g0 somewhat at length into the evidence from their plane of view or standpoint, and that may take some time, because I would ot like to have the case submitted upon | from these boards. Now, we are all aware only part of the record. It is not becauso | that in the strict sense of the word that we have any obfection whatever to any of | is mot testimony, no more than the news- thia testimony being put in, in the submis- | papers which they Indicate they Wish to siof of this case, but the court should be'| introduce in evidence. In order to get that advised about it, and it may take some | testimony, and get it In as testimony, it is time. 1 understand the court came back at | going to take some time. I simply suggest an inconvenlence to itself to be here to- [this now that that 1s one of the day, and I supposed we would submit the | things the board desires to show—the as- case to the court today, and conclude it, | sessments of the counties generally, that i, but if this is done, it may take some time. | the rate of assessment as agreed upon by Of course, If this is to be done it ought to | the assessors, and then following that up be referred to a referee and evidence taken. [ with the assessments as actually made in 1 merely make theee suggestions, not that | pursuance of the agreement at those meet- we desire to interfere or are in any way |ing opposed to competent evidence in this case. | Harrington—I am satisfed it there are Mr. Harrington—I think it is well to | no captious objecttons that an hour will have an understanding at the outset as to | yake the testimony here—an hour and a this testimony, The rallway companies [ half, any way. Now, as to this news- have refused to be made parties to this rec- | paper evidence, counsel meed mot be an- ord. As I understand the rule, they have | noveq by that at all. All we want to no right to interfere with the course of | prove ig the market values of these stocks, the trial. They are not responsible tor c0sts | Ny man can assess a railroad unless he bere, or entitied In any manner to control | knows what the rallroads are worth per the prscesding the soverelgn pow- | mie. He must ascertain the gross value er of the state has been turned over to them | of the property, its funded debt and the for that purpose, but we concede thelr right | vajue of the stocks. Of course, under our to file briefs here, and we do not object, but | constitution, the stock would be worth 80 far as the issues that this court must | par if we did not have anything else, but sl g ‘;’l gours fl'“"‘ decide l"“' b'l‘ 1 think we better prove it. Now, as far tween relators and board of equal- | oo these e e ol artics has | 80 thess city assessments gv, all we mesn is this, and it is conceded as far as the must be bound by the order Dere. The | guriington is concerned as to Omaha: Wi rallways bere, however, for reasons sat- | pronose to show slmply by ome witness ctory to themselves, have declined to that the assessment in Omaha is 40 per cent, and by another that the rate in Lin- coln is from 80 to 100 per cent. And we Intend to try and have thecourt say that this {s unconstitutional. Baldwin—I want to suggest this, that the assessment as already made by the board and returned cannot be reviewed by this court unless actual fraud is shown. That is a power delegated to this board by the constitution and laws of the state, that they exercisé thefr discretfon fn a matter of this kind, and I do not understand that this court, in & mandamus proceeding at least, can review their action or control in any way that judgment. As I under- stand the proposition before the eourt, it is this: Can the franchise or intangible property of these corporations be assesseéd separately and apart from their tangible be made parties to this record, and are not bound by it. It may be thelr stock- holders may subsequently want this case settled in the federal court. Now, read the original answer filed here, and -you will find that the case stands pracgically confessed on the part of the board of equalization, except as to the issues of law, and it stood confessed upon the records here that $200,000,000 worth of rallroad property in Nebraska bad not been assessed for taxation at all, which we allege con- sisted of the franchises and Intangible prop- erty of those companies. That merely rals- ©d & question of law upon which counsal on both sides prepared their briefs. But per- Laps within & week thereafter counsel rep- resenting these rallway companies, includ- ing some of the gentlemen now present, Shampooing and hairdressing, 2ic, at the Batbery, 216-220 Bee bullding, Tel 17U SPECIAL NOTICE DO NOT BE IMPOSED UPON By Unscrupulous Druggists who offer you a substitute for Hunyadi Janos AL LAXATIVE MINERAL WATER. There in mothing “Just as good ™~ CONSTIPATION (full name) and see that you GET it upon. Every boitle of the Genuine has Bise Labél with red Ak tor Hunyadi 3y Water you may came to the eity of Lincoln, and had a con- roperty? That is the question I under- ference in the governor's office With the | biand 1n 3 stand Is before this court for settlement. 1 do not understand (hat they are to go into the question of the assessment, as al- ready made by the board, as to the tangible property. If that is true, it certainly is going to take a good deal more than two hours to introduce this testimony. Judge Sullivan—You ought to know whether the issue of fraud is presented. Harrington—There is no question about it. Baldwin—I want to say that I am here as a friend of the court and by its permis- sion, and at an appropriate time this mat- ter will be referred to and probably be commented upon. I deny the ® counsel that we declined to be in this case. We have our right to be here. We have the permission of this court to appear as its friend, because of the interests represent, and it is only fair and just and right. For counsel to state they can put in this evidence in an hour and a half is from their standpoint entirely, We contend and insist that there wor e positive eure of 1 you stmply ask for is no issue of fraud here at all in this case, It is not a question to be consid- ered In this case. I desire to say pro- tessionally to the court, as ite friend, that it will be some time taking the testimony if this matter is gone into and fairly sub- mitted, and we know your honors will see the matter fairly submitted if it is gone into. So far as these records are con- cerned, they will be offered in a very short time, perhaps, and T assure the court that as far as 1 am concerned there will be no eaptious objections, and it s not our pur- pose to interfere with a falr submission of this case to the cour Judge Sullivan—You allege in your ap- plication that the roads have not been sessed properly, and you add to it that the board knew they bad not been as- sessed. Harrington—Yes, sir, grossly and know- ingly. Howe—We say that they grossly and knowingly omitted to assess property val- ued at $200,000,000, though required so to do by the constitution and laws. The . s a matter of law, that they have neglected to assess $200,- 000,000 of property, and that this writ will issue from that fact alone. Now, that may be legal fraud, as stated by the su- preme court of Illinois in the Goggins case. Baldwin—Now, is it your contention that in order to make & case you have to estab- lish bad faith on the part of the board, or do you intend to make a case by the ctual value to assesa? Simeral—The actual value to assess, or rather undervalustion, so grossly under- valued that it amounts in law to fraud. Judge Sullivan—That is proceeding on the assumption that they have assessed the tranchiee, but undervalued it? Simeral—No, we do not proceed upon that assumption at all. Now, taking their last answer, they say they assessed the property as a unit and as a going con- cern. Now, it that includes franchise, it is & question of law, of course as well as of tact, but we claim that, as a matter of fact, they dld not have before them suff- clent data by which they could assess the franchise at all, or arrive at any value of it, and therefore it was not assessed. Now, that is a question, not of fraud, but of fact. Howe—We clalm the right to show actual traud, also legal fraud. White—As I understood and read the al- ternat've writ, I supposed that at the in- ception of these proceedings it was the contention of these parties that the fran- chises of the railroad companies have mot been nssessed separately and apart from the tangible property, and that it was thelr contention that & matter of law, the board was required to consider and separately ess the value of these fran- chises. Now, when wo read the alterna- tive writ through we find they have taken another position, and that their position is that the railroad property in the aggre- gate has not been assessed high enough. In other words, that there has been an error of judgment on the respondents, not that there has been any fraud upon their part. Now, what do we have to bear out this proposition? Why, these gentlemen come up here and say they propose to prove what the valuati of these prop- erties are not with refersnce to the fran chises, but the values of the agsregate properties, or rather the aggregate values of the properti nd they propose to show this from the mewspapers. Now, then, we all know from the experience we have had in the past, and from the kmowledge that we have of these rate cases and these tax cases, that {n proving the value of rail- road properties you cannot resort to ome item of évidence alone. We know there are many elements of evidence that must be taken into consideration in order to as- certain the valugq of railroad property. Now, they submit in th newspapers just ome item of evidence, the values of the stocks and bonds. That may make a prima facle case upon their part. Then what has the board got to do? And what is the duty of the respondents in order to protect themselves in regard to that val- uation? They have got to go into the evi- dence and produce the different ments that entered into their consideration in fizing the value of this property. 8o your honors can see it 1s not simply & question of fraud here, but the real issues pre: sented by these gentlemen is mot a qui tlon of fraud, but a question of the valua- tion of this property. Now, if you are going into the valuation of this property, the court can see plainly that the fleld is wide open for the purpose of fixing this value. So we mention that when they make their prima facle case, or when they attempt to make a prima facle case, this board ought to be permitted, as the attor- ney general has sald, to produce evidence from all sources and bring before the court all the different elements that enter into the valuation of railroad property, and let this court say whether or mot they per- formed their duty. Harrington—I am sure that this writ here charges fraud, and charges it abun- dantly, and these gentlemen have had no- tice from the start that they were charged with fraud. Now, there is no need of mincing words. We charge actual fraud and expect to prove fraud. We expect to prove that they totally disregarded their duties and exercised gross favoritism in al sing the property of these tramspor- tation companies. We have sald we do pot think it will take long, but this is the most important case ever submitted to this tribunal and the people who sustain the courts, the plaln taxpayers, well as these transportation companies, are entitled to have this question fully snd fairly determined if it does take a little time to get at it. I do mot think it will take long te get at the whole matter. This s mot & rate ease, but whether it is or ndt, or whether we get through In two hours or two days, this case is of sufficient importance to the people of the commo wealth that they are entitled to have it heard, and fully heard, without any idea of a continuance or sending it to referees. Judge Holcomb—We are not probably in a position to devote very much timie to it, and it might be just as well to have it sifted through a referee as to be heard in open court ff it is & question of getting the evidence, and getting that phase of the case disposed of. It is possible it may be of such magnitude that the court will not feel justified with all the other work pre ing upon it, to u time to enter into a long Inquiry here, and it seems, from the remarks of counsel, that the fleld is open- ing up as though there might be a very large amount of testimony submitted which of course we would necessarily have to con- sider In arriving at a conclusion. Of course T am only speaking for welf and without consulting with other me! re of the court. It appears to me persomally though the court may 4o away with all its other duties for quite a period of time If it takes up this. Mr. Howe—This contention that & good deal of time may be consumed in the tak- ing of testimony is simply & scarecrow. We are contronted here by very powerful interests, and what they want is post- ponement and delay. Now bere is the great prerogative writ of the state called man- damus. In this case it concerns the pub- Ne revenues and the revenues of ninety counties of the state. Its importance should demand and the nature of the writ entitles it to an early hearing. That is what the writ is for. Now let us examine for a moment the grounds and probabilities of its taking a great long time. All we shall put in on our side is simply the records that the board had before it. That should be brought in here and laid on the table and that ought almost end that testimony, the rafiroad reports are here; nobody ¢an object to those. That Is the main body of the proof under this great allegation of fraud. We eannot be restrained to a showing simply of fraud in law, though that is clear here it our allegation be true and wholly indisputable. We have & right here to show actual fraud by three or four or half a dozen witnesses, prob- ably four on our side whose testimony will be very brief. We will put In such testi- mony as we have, be it much or lttle, tend- fog to support the allegation of fraud. That ought not to frighten the court. Your homors, how can they bring In testimony upon their side to rebut, for instance, the record proof that will consume any large amount of time. All we can show Is what before this board, presumably it is all writing. Now all of the testimony that will be introduced here is that of three or four persons who were present, and those are to be found around this state house. And two or three hours—what Is that in & case of this magnitude, urgent as it is, and righteous as it is. ‘White—In reply to the last proposition of the gentlemen that all the testimony that will be needed will be found before that board. Now, as I understand this court, you have held in the Karr case that It 18 not 80 much a matter of the method in which they arrived at their result, but the result itself, and it the result is jus- tified under all the circumstances, then it makes little difference what considerations were received or considered by the board. S0 that, notwithstanding there may not have been sufficlent testimony before the board, or they may have taken into con- eideration testimony that they ought not to have considered, or they may have taken into consideration or falled to take into consideration testimony they should have considered, if the result that they arrived at was a proper and just result, then the testimony that was considered by them will not amount to anything before this court, But in order to ascertain whether that result ia a just one, this board ought to bave the opportunity of producing the testimony to show It is a just one, and not be confined merely to the matters that were developed before it. Mr. Howe—One thing I overlooked. Under the order that was made with reference The record | Wilson Bros [Colored] BENNETT & HARNEY sTs. T 1 Shirt Sale Friday $1.00 and $1.25 Shirts at Wilson Bros, |Colored] Wilson Bros. [Colored In the whole world of good than Wilson Bros. every man in Omaha. $2 and $2.25 Shirts for $1.50 and $1.75 Shirts at shirt makers none stand higher Our buyer gecured an immense supply—they are unpacked and ready for sale. Enough of them to SHIRTISE Attend Bennett’s Big Shirt Sale in taking it. It you send it to a referee it would be some time before we would get one perhaps; and then there would be meet- ings before him, and it would require a long time before this matter could be final- Iy determined by this court, and what we want s a speedy determination. As has been sald by counsel, this case is of suoh importance that we feel we should have a to briefs, counssl have appeared and brought in elaborate arguments. Now, in the brief of two of those gentlemen repre- senting two great companies, that of the Union Pacific and the Burlington, they have put In all through them statistics, and they have not made onme single suggestion that they needed any oral proof. Every scintilla of testimony which they oite, and the statistics upon which they rely, are documentary. Prout—If the court please, I just want to say one word in reply to what Mr. Howe has sald, and that is to relation to delay. I want to disclaim any {dea om the part of this board of their having any desire whatever to delay this case. They realizo the importance of it fully as much as do the relators. There is not the slightest desire on thelr part to delay, but the court can readily see from the statements made by the counsel for the relators, as well as others, that It is going to take consider- able time to take the testimony. As has been suggested from the bench, that can be heard ae easily, or more easlly rather, by & referee than it can be by the court. So far as we are concerned we would prefer, if the court can devote the time that is necessary, for the court to hear it, but that 18 & matter for the court to determine. So far as time is concermed, it is very evi- dent it s going to take considerable time, for these respondents deny absolutely any 1dea of fraud; they resent it, and they will ineist, as I think they have a right to in- sist, upon an opportunity to put In proof to show that they are not gullty of the gross frauds wbich these gentlemen In their briefs and statements to the court say they are gullty of. Chiet Justice Sulllvan—We will take a recess until 1:30 this afternoon, and in the meantime we will determine whether the court will hear the evidence or send the issue of facts to a referee. Mr. Baldwin—I want to say for all coun- #€l, triends of the court, that we do not want any delay at all; that we are ready to proceed this afternoon, or at any time, before & referee or the court, to the taking of testimony at once, and there is no pur- pose te delay this case whatever, but we are ready and willing to proceed as ex- peditiously with this case as its impor- tance demands. Mr. Simeral—So far as sending this case to & reteree is concerned, I do mot think this is & matter for & referee; this court would save no time, it might be merely the matter of the physical inconvenience of being here and hearing the testimony, but 1t would certainly save no time, because the testimony would have to be read again, and that would require quite ae much time as trial at once, and to the tribunal which must ultimately determine it. And, as sug- gested by Mr. Howe, that before a referee there will be barréls of testimony put iIn that the court will mot look at for a mo- mwent. Court here took a recess as indicated by Judge Sullivan, and at the convening of court in the afternoon announced that the court had decided to hear the testimony it- self. HONOR SUPREME OFFICERS Mayflower Garden No. 1 of Gardeners Gives Reeeption at Bee Bullding Hall, Mayfleld garden No. 1 of the Gardeners entertained last night in homor of the supreme officers of the organization, giving an elaborate reception for them at Royal Arcanum ball in the Bee bullding. Some 300 persons attended and after an ex- tended literary and musical program the floor was cleared for dancing, while re- froshments were served in an adjoining room. Mrs. Adams, president, and . secretary, of Mayflower garden No. 1, were in charge of the affair, and every one of the supreme officers was present. Each of these made & brief spoech. They are: Frank Rosewater, supreme president; 0. P. Thompson, supreme vice president and treasurer; E. C. Wolcott, supreme secretary; Charles Rosewater, supreme physfelan; T. Z. Magarrell, supreme organ- izer, and Charles A. Tracy, Robert W. Dyball, E. BE. 8nygg of Magnet, Neb., F. H. Jackson and H. E. Hubermann, mem- bers of the supreme judiclary board. Amusements. At the Boyd. Miss Hayward’s own dramatization of Me- Cutcheon’s interesting story, “‘Graustark,” was given its first Omaha presentation to a crowded house at the Boyd last night. In Dppeparing the story for the stage Miss Hay- ward has preserved as far as possible incidents of the book, the modifications ing only those absolutely necessary to the adaptation. In this way the Interest is maintained for one who has read the tal while one who is not familiar with 1t do not get the impression that he is watching merely a series of pictures from a popular novel. Its continuity and sequence of dia- logue and incident is unbroken, while the main features of the story are thrown into high rellef. Miss Hayward has succeeded remarkably well in making over this book Ha Have you heard the latest saying? It’s rather spicy! Everybody everywhere is saying it! The mint is working over-time to make the to keep the people saying— ZU ZU The best Ginger Sna ou ever nickels fast enough tasted. rice five cents in the In-er-seal Package. NATIONAL BISCUIT COMPANY. [tnto a play. As Yetive, queen of Graustark, she bas a splendid character study—one in | which there is ample room for the display {of artistic ability. Mr. Ferris finde the part | of Granfell Lorry quite to his hand, and al- though he lacks some inches of the stature of the book hero, he fails in nothing of the aggressiveness of that young man, who fol- lowed Miss Grabenstock half way round the world to find she was & princess and not a butcher’s daughter. His inborn contempt of regal folderol alds him much in the por- trayal of the character, and he makes love eloquently, as thongh he were accustomed to, in fact. Miss Malzle Cecll—whose pat- ronymiec is suggestive of Graustark or some other out-of-the-way place, finds in Coun- tces Dogmar, the lady-In-walting, a role that suits her immensely. Others in the lengthy cast do much to contribute to th success of the piece, which was warmly re- celved last night. —_—— ARREST ON ROBBERY CHARGE Deteotive Heelan of Omaha Bri Woman Pr! er from Plattamouth. Detective Heelan returned yesterday afternoon from Plattsmouth, bringing with Eim Jessie McCullough, charged with being two women who stole $200 trom Robert Hall, of Fairbury, Ia., at the Klon- dike hotel in this city May 21. Belle Crowl, who Is supposed to have been the second woman in the case, has not yet been appre. bended. K. B. Grate, charged with bein, an accomplice of the woman, and who left the eity Immediately after the robbery, was arrested here Wednesday evenlog and fs now in jail. Hall came to Omaha to see the sights and fell in with the Crowl and MecCullough women. The three were together at the Klondike hotel on the night of May 21. When Hall sobered up the next morning the women and his $200 were gone. The women were traced to Jowa and a couple of. days ago the McCullough woman called at the Klondike hotel and got pos: on of her trunk and two grips. These she had sent to the Burlington station, and later sent an expressman to take them to Coun- eil Bluffs. The expressman did not tak the grips. Wednesday Grate called at t! station for the grips and was arrested. The officers then got trace of the trunk and when the MoCullough woman called for it at Plattsmouth she was arrested by th local authorities and Detective Heelsn was ent for her. She denled the charge agalnst her. At the time Grate left the city his mother missed money and papers to the value of §600 and it is thought Grate was responsi- ble, though the officers have no direct proof inst him. Oney $14.50 Dakota Hot Springs and return. $16.60 Deadwood and return. THE NORTHWESTERN LINB, 1401-1408 Farnam 8t.