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riIE"d3LAItA' DALLY JJJBM : TIIUHSDAT , JANUARY 18 , Y8087
CONTROL OF THE SHORT LINE
Oregon Connection of the Overland Again
Gomes Into the Fold.
ORGANIZATION COMMITTEE SECURES IT
Ken * from IVctv York Slnrtlcn I.oenl
Itnllrcinil Circle * 1'rcnldetit Hurt
, i iiuH lie linn \o , Ail\Iee
on ( lie .Subject. i <
There was a flurry of excitement In Omaha
railway circles ycalerJay afternoon when
the report from Now York to the effect thai
the Union Pacific roorganlratlon committee
had oblul od a controllng Interest in the
Oregon Short line wis read In the evening
paper ; . It wan at once conceded that the le-
port wan most probable , and some railroaders
wult so far aa to say that the ) tud o.xpecteJ
eucii no announcement for sonic time. The
Associated Press dlrpatch raids-
"N'KW YORK , Jan. 12. It was announced
on Wall street today that the Union Pacific
rcorKaiilrallon committee had obtained a con
trolling Intcreit In the Oregon Short Line ,
at is also nald that through this they would
eoon take eontiol of the Oregon Railway and
Ravlgatlo.i company. "
IKtdco 0. liuu , president of the reorgan
ized Union Pacific railroad , was shown the
prc&i dispatch at tlio licadiiuarteiB last even
ing and askoJ If he would confirm or deny
the icport. Ho said : ' 1 have received uc
Information vvl Hover on tl.-iu n.atter , so 1
can neither ccnflrm nor deny Hie report , I
< im Harry I cannot give you something on the
subject , but I know nothing about It. "
"Do } ou th.uk the report probable , Presi
dent .Hurt ? "
"All I can say Is that the reorganization
ccmmltlco would undoubtedly give out a
statement If such en event had actually hap
pened. This la nothing but a newspaper
Attention vvaa then called to a later dis
patch to tao effect thai thu Utilon Pacific
would prcbably control the Oregon Hallway
and Xavlpatlcn company. In reply President
Hurt wltl "That I ? very Improbable. I tuko
no stock In It whatever. "
"Do > ou mean In reference to the control
of both lines , President Hurt ? "
"No , air , caly In regard to the Oregon
Hallway & Navigation comptuj. "
From his manner and from the fact that
hodeclared only the report rofeurdltiR the
control of tao Oregon Hallway & N'jvlw-
Hen company Improbable , it vviis Inferred that
President 'Hurt ' thought that the deal ( or the
control of the Oregon Short line had not yet
bctii consummated , and when It had been the
reorganlratlon committee would glvo out a
statement to tl.ut effect.
Oliver W iMlnk , vice prcsldcn' of Uio 10-
orcinlzed Unlcn Pacific , decl-'ied to speak
upon no irutter except to cay that he had
iccelvcd no Information corroborating the
ptcds dLspaicheu from New York. He re-
iferred all Inquiries to Prcildcot Burt.
WHAT MVY HAPPEN.
Other Union Pacific officials declined to
apeak for publication , but ono of them
talked as follows on condition that his name
would not bo printed "Thia Is not surpris
ing. In fact , I regard It as highly probable
If you remember the traffic light between
the Union Pacific and the Oregon Shon
"Line " which was waged last summer and
early autumn you will recall that It vva. %
settled by the purchase of a big block ot
Block In the Oregon Short Line by the Unloi.
Pacific reorganization committee. The con-
tiol of that stock did not give the Union
1'aclfle reorganization committee a control-
JtiK Interest In the Oregon Short Llno , , but
It cimo pretty close to It. I surmljo that
Klnco then another block of t-liort Line atock
lias boon ( secured by the Union Pacific re
organization committee , and the acqu'ultion '
of this givc > 3 the committee a contiollng In
terest In what was formerly a branch of the
Union Pacific. You do not want to over
look the fact that the UJiiort Line Is doubly
represented In the directory of the reor.
' ganlzcd Union Pacific. "
"In the event Of the control of the Shoii
Line by the now Union piclflo railroad , dd
jou think the headquarters and shops thai
vvoio established at Salt Lake City will bo
brought back to Omaha ? "
"A part of them , yes , but the bulk o !
them , no. Of course , I know nothing nbom
the plans of the new company , or am I oven
sure ( hat It ban for a certainly seemed a
controllng Interest In the Short Lino. But
It Is my opinion that If It liaa not now , It
soon will have. Then some of the work
clone nt the headquarters and machine shop. :
of Iho Short Line will undoubtedly bo at
tended lo at Omaha. Hut In the main I think
itha Short Line will bo operated as n closa
connecting line of the Union Pacific , but
rwlll maintain Independent management ,
shops and headquarters , the same as the
Klkhorn docs , notwithstanding Its clcac re
lations with the Northwestern system. In
dependent management and operation foi
each line Is a fltcd policy of the Vander
lillts , and I believe It will be carried out
In this caso. "
IIIIIIT n is
of ( In- Dillon I'm- 1 ! Uat Ilrml-
iHinrti-r.s A till I a.
The special train of Prasldont Burt and
other officials of the Union Pacific came Inlo
the union depot shcda shortly after noon
orsterday , running i\a \ Iho second sacllon ot
train No. 6. Tnough the record-breaking cu-
filneer , Tom Qrogain , was In Iho cab , no attempt -
tempt was made on the going or return trip
to show the new president how fast trains
could bo run on the Union IMclflc. The
trip to Salt Uiko City and return Included
a thorough inspection of the main line and
many of the branches. There were no
Iiuretn of speed with the special train , as
the Inspection could bo mfiflo to better ad
vantage with Iho train running alowiy.
To a Bee reporter President Burt said-
"There. Is nothing new I can toll you. I have
Just been for a trip of Inspection over the
line , and uvcryunnt ; appears to bo hi flue
shape. The road Is In splendid condition. "
"When will the meeting of the new direc
tory of tlio road lake place , Presklent Burt ? "
"I am sorry , but I cannot tell you. "
"Can you e/iy anything about the probable
action with reference to the purchase of the
Kanpas Pacific ? "
"No , sir , I cannot. I can't tell you thlni ;
that's now ; nothing at all "
President Burt faunl plenty of business
waiting for him In his now offlco at Union
3'aclllc headquarters , and began transacting
it at dice. Just before ho slatted In on Cils
work he took a brief trip uptown , meeting a
number of old friends anj receiving con-
Kratulutlctui from tlicno who had not before
met him alnco his election lo the Unlc.i
Pacific presidency. Ho lunched at the .Mil
liard iictel with Vlco President Mink , und It
( was observed that when the president wrote
Ills name ca the hotel register ho followed It
. with the word , "city. " Ho has heretofore
leglstered "Chicago , " After lunch the presi
dent of the "Overland Route" went down
to the city office of the North-
! ( "western " , chatted a moment with Asa -
a irlutant Ooneral Passenger Agent Ferguson
und Clly Passenger > Agcnt West ; then pro-
ccoied to the Merchants' National bank ,
( where ho paid a short call t i President Frank
IMiirph ) ' .
Vleo President Mink of Boston , who was
elected at the same time Horace. G. Burt
was chosen to the presidency , granted a brief
Interview to The Beo. Ho said that the
road appeared to bo In good condition , and
that no changes had yet been announced. Ha
eatd ho felt quite sure that the election of
Knittus Young to the position of genet al
auditor or the Pacific Hxyresa company did
not moaci that ho would retire fcom bli posi
tion ag general auditor of Iho Union Pacific
ittllroad , or that 1io would sever his rotations
v. HIi the latter company.
0. IA. Rutherford , general agent of the
llock Island's passenger department , yes
terday afternoon received a telegram an
nouncing completion of arrangements for the
flist personally conducted excursion to bo
run weekly between Boston , Buffalo , Chicago ,
Omaha , and the northern Pacific coast points.
The Hrat car will pass through Omaha , on
L < J , Friday , January 28. at 1:45 : p. in. , leaving
fr * Chicago the o\enlng previous at 10 o'clock.
The westbound cars will pass through Omaha
on Frlilaje and the returning cars for Boston -
ton will so through hero on Saturdays. The
route from east to west for the long trip will
be u follow * : UtuUri & Albany , Now YorK
Central , Lake Shore & Michigan Southern ,
Chicago , Hock Island ) & Pacific , Denver &
Rio Orando Wastern , Oregon Short Line and
Oregon Railway & Navigation company.
nbvs cins.u'iAKn t OHIO IIOMKS.
I'rlcc I'nlil Connlilcrcil Aiti nntimooin
to tlic Coiniinii > - .
NEW YORK , Jan. 12. It wsa reported In
Wall elreet today that the banking house ot
Harvey risk A Sons had purch-ieed from the
treasury of the Chesapeake- & Ohio Railway
comp'iny $2,281,000 first mortgage 5s , which
had originally been reserved 4o retire the
purchase money Cs maturing next July. Application -
plication to list thoio bonds w.is made to-
( My. The price paid by risk & Sens Is salil
to have been $1.14i4 , making ft considerable
piling In Interest.
At a meeting of the New York Board of
Trade today a resolution was adopted en
dorsing Senator Gray's bill for the estab
lishment of an International .tank.
Thoonnual meeting of the American Sugar
HolnlnB comp-iny wca held In Jersey City to.
day. W. B. Thomas and Charlf/i / H. Scoff
were re-elected directors. There wto no
fiianclal statement Riven out. The stock
holder * adopted a' resolution authorizing the
board to keep oil residue of earnlnga over rnd
above the fixed tegular rate ? after the divi
dend paid th'a month os working capital.
Brayton Ivca , formerly president of the
Northern Pacific Hallway company , wi 3 to
day elected presided of the Metropolitan
Tri-at comprny , to succeed Thomas Hill-
ALBANY , N. Y. . Jan. 12. A certificate cf
Increase of capital sleek ot the IXclflc Postal
Telegraph Ciblo company from $ SOO,000 lo
$1,000,000 , was ( lied today wllh Iho secretary
of state. The liabilities of the company are
VAMAVJ \MS ( in Til ll >
111 Xi'T > ' Onri for Ilii-
Vurk Son lor.
CHICAGO , Jan. 12. A now outfit of equip
ment for the Pennsylvania's "Pennsylvania
Limited" Iraki was on exhibition today In the
Union depot. It went Into active service this
afternoon. The new equipment la freih from
the Pullman car shops and It Is clalmoJ for
It t'at It IB the finest ever turned out by
tlat company. The train consisted of flvo
cars , all similar In outward appearance , but
showing great variety In their Inlerlor ar
rangement and flnlahlngs Outsldo the new
train presents a iiccullar combination of
colors. The -car trucks wore all painted red.
tlio loner iiart ot the bbdlcs of the cars from
the window sills dovvri were yellow , while the
upper part wai dark green , and the root
black. Whllo the Intcrlcc woodwork of all
Hie cars was nuhogtny , there was crcat
variety dlsplajcd In the design of the adorn
ments. TJC train Is vcstlbuled throughout
and lighted wllh bath gas and electric
vni.i.v. r.ii.VIM , nu.v i\ri.u.Mo.vs. :
( iiilt Hoiiil U'lll TnKo IIi > iiivNi-i > Ucrn < i >
( InHiiuHi. .
K \N3AS CITY , Jan. 12. Dcspllo Iho ef
fort. ? of other western roads to step the
r-omeseckora' excursions advertised b > the
ICansao Clly , Plltsburg & Gulf nrd to olart
on January IS and to run regularly every Iwo
weeks thereafter , Preslden' A. U Stlllwell of
the latter nxul has Issued circulars ctinounc-
'ag the oxcurt'ld s would be n.ai.ualned at
tlio ialea ndverlLsod. The announcement Is
made th.t tlcke'o good over Ihe Gulf road
will be sold In every lown In Iho United
States where agents can bo secured.
Sturm Intel foron iiHh Oiinstrnctloii.
The severe cyclone at Fort Smith , Ark. ,
has Interrupted a considerable lot nt rail
road construcllon work which had been rt-
ccnlly started In that vicinity. Just before
Ihe terrible storm came along several nun.
dred men had commence ! to build a line
that was to connect Fort Smith with UK
main line of the Kansas City , Plltsburg At.
Gulf railroad at Oak Lodge , I. T. Although
the town ot Fort Smith offcied a big boujj
to President Stlllwoll to run the Plttsbura
& Gulf road through lhat city. It was 1101
lone , because of the mountainous charactci
of Ihe country surrounding Fort Smith
After the building of the line from Kansao
City to Port Arthur It was decided to run A
branch from the main line Inlo Fort Smith.
Work on the brfdgo acros.1 the Poleau rivci
for this branch was to have been begun
within a few days , and the branch was expected
pocted lo bo complete by July 1.
Other railroad construcllon work tha-
will bo delayed by the destructive cyclone
Is tbo bulldlivs of a line by the Arkansas
Central railroad to connect Forl Smith.
Ark. , with Charleston , Ark. , twenty-five
miles south. TracHaylng on that line baa
only recently been begun. The St. Louis &
Snn Francisco railroad was to erect a large-
freight house of brick to bo followed by Ihb
construction of a handsome passenger sta
tion. All of this work has been Indeflnltelj
postponed until the wreckage ot the fctorin
can bo cleared away.
Confer Ith Mr. Clnrlc.
Vlco Pre.'ldont Warner and General Mana
ger Doddrldge ot the Missouri Pacific have
returned to St. Louis from San Aotonlo , Tex
At Iho latter place they conferred with mat
tera of Intwest concerning the Missouri Pa-
3lflc with S. H. H. Clark. Their visit ha-
.jlvcn now lease of llfo to the rumor that or
his recovery from his present iltaess S. II. H.
Clark would resume the presidency of the
Missouri Pacific railroad. Wulle Mr. Clark
' .3 not well , It Is said his health Is In no
worse condition than It has been for many
Hiio iv llonic linllriinilM.
All the railroads In the state reported snow
along their respective lines yesterday morn-
Ing. The snow throughout Nebraska Is o , '
about the same dei.tli aa thai la Omaha. In
Kansas Iho snow1 along Ihe railway lines !
aboul six Inches In depth. In Wyoming there
Mas been mo snow since Monday , but the
thermometer has been steadily falling. The
Union Pacific reported tcmoeraturo ranging
from 12 to 24 degrees below zero from the
dlffccent stations In Wyoming this morning.
\ < MV Kiixtliotiml Criiln ItntoH.
N.IJ\V YORK. Jan. 12. New castbound
rates on grain and grain products ( oxcepl
com ) , cffectlvo January 25 have been recom
mended by the munagers of the joint traffic
association on the boski ot 20 cents per
hundred , Chicago lo Now York , wllh usual
dlffemices to , other eastern cities. T.io rate
on corn , whether for domestic use or export ,
has been fixed at 171i ctnts per 100 pounds.
I.IIOUflFI - till * KlllIIIII-OH.
NRW YORK , Jan. 12. A London dispatch
say a tlat at u. meeting of Hio bondholdeis
nnd fllockholders of Ihe Chicago Great West
ern Railway company toiiy Iho following
were re-olocted members of the finance com-
nillleoRt. . Hon. William Lldderdale , chair
man ; Howard Gllllat , Alex F Wallace , Ed
win Woterhoiuio ted C. Sllgo do Pothculer.
nt imill 1'iTMoiinlx.
Assistant General Ppssragpr Agent Fer
guson of the Northwestern Is Iu the city from
Abfilhtunt General FroU'.il and Pae-imger
Agent Phllllppl of Ihe Missouri Pacific has
returned from a short trip through -the state.
The Interviews with General Manager Kd-
ward Dickinson of the Union Pacific oub-
llshed recently In the newspaper * cf Salt Lake
3lty hive been largely devoted to booming
the Tiacisuilssleslppl Exposition.
Samuel A. Hutchison , general traveling
usseiigcr agent of the Union Pacific , ce-
urncil to headquarters jriterday morning
irowded with argonaut stories Ho saya I'jcto
s go'cig to bo nn Immense movement of gold
iiunters lo the Klondike this spring and that
San Francisco will outfit more parties than
all the rest cf the Pacific ccast points , Ho
also thinks there will be a considerable move.
mcnt to the leccntly discovered gold mines
nrar Guaynopa , Mexico , eighty-five miles
jouthwest of the southern tormlnua of the
Itlo Grande , Sierra Mndro & Pacific railroad.
A new railroad Is being constructed Into this
most recent and latest gold mine , and all In-
llcollons point toward the development ot the
gold fovei In the southwest us well as In t'Jo
northwest. Prenldcnt A , W , Ivlns of Chlhua-
iua , Mexico , U at the head of a compaaiy that
Is pushing the Mexican gold properties.
I.iiiulM-r DculerM' OltlotTH Meet.
J , J. lionekcmpor of Sutton , president , and
J , H , Jenkins of Schuylcr , secretary , of the
Nebraska Lumber Dealers' association , und
Bevernl other members of that body held
an executive meeting at the Dslonu hotel
yentorduy and selected Murcli 1C aa the
data upon which the annual mooting of the
association Is lo be held. The convention
will nit la this city. , . ' . I .
TO SEPARATE NEWSPAPERS
Ruling of the District Court on Ono of
NO DA1Y WORLD-HERALD PU3.I3H-D
SrpnrnUIMIIIoii * Cantiol llr Iliinrlu-it
anil Cnlli-il One for fit-dilution
Pn Unit ftiltli ol
No such paper as the Dally World-Herald
li published In Oaiaht. This Is the rullnc ;
of the district court as presented by thrco
judges , sitting en bane lo hear Iho motion
for a rehearing in the matter of the appll-
Milan of the Kitchen Brothers' Holel com
pany for a license to sell llauor , against
which application protest had been lodged
by N. P. roll.
When the matter was first hca'd by Judges
Baker , Dickinson and Fawcett , the court de
cided that Iho morning and evening editions
of the World-Herald constituted one paper ,
known cs the Dally World-Hemld. Tills
finding Is reversed now , and the court holds
that the morning and evening editions ot
that paper are each a separate paper and
that them h .Da such paper as the Dallj !
World Herald published.
Yesterday morning the motion for a re
hearing was presented by Attorney K W.
Slmcral , who urged that now facts would
bo presented for consideration. When the
motion had been debated the judges took It
At 3 o'clock In the afternoon the three
Judges met and formulated their opinion
which they Immediately filed In the office
of the cleik of the dlstrlcl court. Wllh the
exception of the first iliU'nt.ie ' opinion la
the same as lhat heretoto.-o delivered.
In Iho first flndlni ? Iho judged now say ,
the opinion being wrlllen by Judge Baker.
That the eontrnto of the Morning nnd
livening World-Heraltl , of the same day
fire lint mibatintlally the same , tncrpforo
they do not constitute1 one newspaper , Tnls
wai the. former IIH well ns the present opln-
on of the writer. This llndlng | q concurred
In by I-nwcelt , J. Dickinson , J. , dissents und
adheres to the former ruling ot the court In
Judso Fawcott fllrs an Independent opin
ion In the case on Iho matter of good faith ,
In the District Court of Douglas County ,
Nebuska-In ro application ot Kitchen
Brothers Hotel Company for n liquor 11-
cense-DIssentltiB opinion of r.uvcolt. J.
rlie Judgment entcrt-il In this IMSP on the
Sth lust , was rcilly entered upon the. find
ings of u majority of thu Judges that the
nnpllcr-nt acted In good fulth In making' lla
choice of a nevvspiper In which lo publish
Us noMcc of application for n liquor license.
I wis unable nt tint time to concur In that
fliulliiff and hence vvaq also unable to ron-
cMir In the Judcrmnnt entered thereon 1 nm
of the < = nmo opinion now that I was then.
I therefore now dissent from the Judgment
of Iho court In oveirullng the motion for
a newtrill. .
At the time of the piepir.atlon of the
opinion and entry of Judgment on the Sth
lint. I hod grave doubts as to the corieet-
ness of thu finding of tie court that the
Morning nnd Evening World-Heralds con
stituted ono ne.vspapcr , known as the Dally
World-Herald , and I now feel that sulll-
clenl ccnslderallon vvat not given to th.it
question at th it tlmo and upon more m i-
lure ueitDoratlon and a more careful exam
ination of the law my finding would now
be that there Is no "Uch newspaper pub
lished In Omaha as the Dally World-Her-
ild ; but tnat the World-Herald Publishing
compiny publishes two daily noAfcpipors ,
one known ns the Morning World-Herald and
the other known as the Evening World-
Herald. This beliiK so , Ihen , In my opinion ,
a new Irlnl should be granted ispon that
proposition for the reason that , If there I *
no such nc-Tvspiper published In Douslas
county as the Dally World-Hcrild , then
there Is no competenl evidence before Ihe
court to establish the fact thai the appli
cant published for two weeks Its notice , of
application for a liquor license ns required
DEFECT IN THC AFFIDAVIT.
The affidavit of publication filed by thd
applicant recites that the notice was pub
lished for two wee'.ts In the Omaha Dally
World-Herald It does not rec-lto that It
was published In the Morning nnd Evening
Worlil-Heiald , or in the Morning World-
Herald or ( he Evening World-Herald The
only evidence upon which It could possibly
bo claimed that the fact of publication for
two weeks In tne Morning and Evening
World-Hcinld wag established -jiould be the
evldenco of Mr. Hitchcock , who testified
generally thai all notices of applications
for liquor licenses were published In both
rrornlnK and evening editions of the Dally
World-IIeralil , but there Is no evidence that
they wcie published In the Sunday World-
Herald , and If the vailous editions of the
World-Herald arc to bo combined to make
ono paper It seems to me thai both the
regular Morning and Evening Wcrld-Her-
ald and Ihe Sunday World-Herald would
have to be combined. But. be that ns It
may , I think the evldenco of iMr Hitchcock
Is lee general to warrant a finding and
judgment that the notice In this particular
case was published for two weeks In either
one or both of the AVorld Publishing com
pany's publications. If I am correct In
this , then the question of good faith does
not enter Into the. case , as It would leave
the applicant without any competent proof
of even an atlempt at a compliance'A Ith Ihe
"GOOD FAITH" IN DOUBT.
On Ihe queallon of good'falth I hold that
there Is absolutely no evidence to justify
the ilndlng and Judgment of the court. In
the case of Lambert against Stevens , 29
Neb. . 2S3 , I think our supreme court we-nt
to the very verge of liberality In con
struing a statute. I very much question tie
right of any court to Justify a party's fail
ure to comply with a plain statutory pro
vision on the. ground of good faith. I find
no fault , however , with tills holding of thu
.supremo court , as It la founded In princi
ples of substantial Justice , even If It ilocn
somewhat strain the principle of statutory
construction But , giving to the decision
of thu supreme court ita full force and ef
fect , I still hold that when n party attempts
to Justify a noncompllanco with a plain
statutory provision on the ground of good
fallh , he must show nlHalu.e good faith.
Ho cannot act upon mere idle tumor , nor
can he act without Inquiry , nor without
making Homo atlempt to a.-cer ; ila the
truthfulness of the facts upon which he
lellps. The evidence In this c-a'-e of Mr ,
J. H , Kitchen Is that ho thought the
World-Herald had the largest citrulatlon.
Ho does not Hhow what. If any , en'ort lie
made lo find out which p ippr bad the
largest circulation. The evidence is uncon-
tradictcd that Mr. Ralph Kltrhon was vla-
Itrd bv a representative of The Ben Mho
Bhoived him nn nftldavlt ami a copy of Tlio
Bee ; Ihal ho Bald to the repre'entallve of
The lieu that ho did not know ulilch paper
had the largest circulation , but that HO far
JIB the Baled of the p ipcra at thu Paxton
liolel news counter was concerned they so'd
Iwo Bees lo ono World-Horald. From Ihls
It will bu seen that ho had made , no in
quiry as to which paper had the largest cir
culation although he Is Ihe ono -who made
Iho application on behalf of HIP. applicant.
All thu knowledge ho had as to thn relative
circulation of tno Iwo papers was gained
from Iho iiaIon of Iho paperd at his own
hotel , which allowed a Haiti of twlca an
rrany Uecs as World-Heralds. Good fallh
certalnlv could not bo predicated upon such
"Mr. " Ralph Kitchen says that ho had seen
the resolution of the. Hoard of Flio nnd Po-
llco Conimli'Monpr'j designating the Woild-
Hcrald as the paper In wnlch to publish
their no'ilcc ? On thU proposition I hold
that good fulth cannot lie prcdlcitcd upon
a resolution of Ihe. Hoard of Fire nnd I'o-
leu Commissioners , which wan a nullity ,
and which the applicant was bound. In law ,
to know as a nullity , The supreme court
of this Htato had already hold that the
Hoard of Fire and Police Commissioners
nail no authority to determine In advincu
the relative circulation of newspapers in
which parties dcnlrrd to publish not Iced of
this character. The applicant then wan
bound to know that the Itoinl of Flro and
Pollen Commissioner. ! hud no authority
whatever to ipar-s HUCI ) a resolution , and
with thai knowledge , could not predleato
good fallh upon such a void resolution.
For lao reasons above given I hold lhat
the Judgment of the court entered In this
caau Is erroneous and thai U tthould be set
aside and u new trial granted
J. FAWCETT , Judge ,
InxiirniK-r CiiiiiianlrH liitirNtiil. .
Bight Insurance companies have begun a
fight ID the federal court ogalnat an ap
praisement of damages alleged to have re
sulted from the partial destruction by fire of
a hotel In I'corli , 111 , The milt Is brought
agalUEt tlio owner ot the building , Lura D
Barrard , a resident of this stile , and U
brought to eel aside the appraisement on
the ground that It U fraudulent. Thu
owner and the companies could not agree
on an award of damages after tbo fire , and
consequently the matter was left In tbo
hands of three ailjus qru. one appointed by
the con.panl and npttior by theovvner , ad
the two chojslnR thriUlW The company's
representative ippraltnl Iho los * at ? fGS9 ,
while the other twofl4 It at ? 19.6S1.
Kellj SUCH , /'ffc ' lninnm" > .
Michael Kelly hBst8U jj Armour & Co. ot
South Orc.iha and RcpHfford & Gould , the
citmctor8 , who Constructing the Armour
plant. Ho < lorr < ins * AiAltium of $2,000 , alleg
ing personal Injurlcc 'Mi'tils ' petition ho al
leges that while whcelrrf-i brick about cue of
the buildings ho waaMnJHred In sneh a moo-
cier u.i to cripple hltnlfdf-'llfc.
lltrlrt Ouurt .Note * .
Lottie D. KellOKRih-ttjiasked the court to
dlvorco her from hcn.hudand , George Wash-
Inglcci Kellogg. Sho-nltesea cruelty and f'lll-
uro to support. > ' < >
Emma Nelson , by Jbhri No'ecci , has filed a
dUmlsoil of her sUlffiRalnU the Omaha
Street Ilallvv < iy company. Seme time ago she
sued the compiny , asking judgment for $2-
000 , alleging -tt-at she wns thrown from a car
and seriously Injured ,
aiATTi&iis i. > Tim rni > iuvi > coi'irr. '
II ml ITU Woodmen Cnsn ( Joex Over Till
( lit1 Mil rnli TIT in ,
The case of Iho Modern Woodmen of
America agalnot Iho Union .National bank has
been continued over the term. It a special
term ot the federal court la held In March ,
as la very probable. It will como up again
at Hint tlmo for trial. That Is Hit ! result of
yesterday's proceedings before Judge Munger.
At the morning session ot court the at
torneys for the order filed and offered their
amended reply , which they had been allowed
to do by thecourt. . In It they Bought to
estop Iho bank from making the defense that
the so-called certificate of deposit upon which
they rolled to provo that tlio bank came Into
possession ot Iho $27,263 was simply a paper
of accommodallon. They say lhat rolylng
on Ihe cerllflcalo or stalcment nt ono of
fact the board of directors believed that the
money vvna on deposit In the Union National
bank and therefore took no action to recover
the amount from D. C. Zlnk or his sureties ,
although they had threatened to do so until
the certificate was produced by Zlnlc. On
February 22 , 1S9G , It la alleged , a demand was
made on the bank and tin bank did nol re
fuse to pay over the money , but asked that
Iho demand be postponed. About another
month afterward another demand was made
and then Iho bank rotiMetl lo pay Iho money.
U Is alleged that If It had been kno\vn nt
once that the otatcmcnt was not true on Iho
day It was tlaled Iho order could have pro
ceeded lo bring acllon ngalnsl Elnk and his
boiddmcn for Iho amount
The atlorneya for the bank asked the court
that the plalnllff bo required lo so formulaic
llio answer that certain , allegations made In
It might be demurred to. On this request
Judge Munger stated that In view of the
fnct that the answer brought up now ques
tions of law It would bo better to continue
the case until they might bo all disposed of
1-j order that the case might RD to the Jury
on a qucsllon of facl. The attorneys on both
sides therefore agreed lo allow Ihe trial to
go over the term.
John Alexander of Plalnvlew wns fined $100
and costs and wns sentenced to slxlv days In
lr > e county jail for furnishing Indians wllh
liquor. The eenlcnco was suspended on the
payment ot S25 nnd costa.
Mrs. Mary Bird , Harrlstmrg , Pa. , sa > s ,
"Mv child Is worth millions to mo ; yet I
would have lost hcnby , croup had I not in
vested twenly-flve cpnts In a bollle o Oni
Minute Cough Curo. ' , ' It cures coughs , colds
and all throat and lungitroubles
MAY YHT \Vn"TIli , ] ; ICH I'AIj VCR.
HoiielrVl 'f'r ' Cold WrnUicr
The exposition Iagpon1 Is steadily growing
In fuvcr as a skating , grpund. The Ice Is 'n
excellent condition andiitho management of
Iho Ice carnival Is 'making ' every effort to
rnako It a popular resort. If cold weather
Intervenes the Ice palace wilt be erected be
tween now and Tuesday of next week , and
a most entertaining series of events will bo
arranged , with tho.pdjico as the central
feature. In the eveqVthat the weather la too
warm for an Ice rjalacq ffro big Manufactures ]
bullolug will bo made ruady and the exercises
will take place there These will Include a
bal masque and a series of ontertamments.
James H. Love visited West Point Tuesday
evening In the intercat ot the carnival. He
foLcid I'ae lown enthusiastic and a large per
centage of Us citizens ready to take aC-
vantage ot the cheap excursion rates. At
least 200 people from West Point , Wloner and
vicinity will accompany their mild of honor
to Omaha next Tuesday. The West Point
Cadet band will escort the "maid" to lown
and act as her guard of honor cci all oc
Norfolk's "maid , " Miss Ruth Daniels , will
altend with a large following of admirers.
The queen , with her maids ot honor , will
hold ttielr first reception at the Mlllard hotel i
Tuesday afternoon front 1 lo 5 o'clock. The I
Carnival orchestra will furnish music In the1
parlom and Iho Wesl Point Cadet band will
p'ay selections In the hotel lobby.
Prof. Albert Wcltzwill bo one of the mow
features at the lagoon. Avhero ho will open
for a short season this evening and give his
sensitlcaal skatorlal ads on high stilt nkates ,
ordinaries and unlcycles. He will give his
exhlblllons every evening and at the Saturday
and Sunday matinees.
T\io evening skating and tobogganing la as
fine as any ono could wish for.
During carnival week the lagoon and ice
oalaco will bo lighted with Innumerable
colored Incandescent lights.
The Omaha Curling club Is getting Its af
fairs In good sbype. A new lot of curling
stones have arrived , from Scotland nnd will
bo tried Saturday , as that Is the day set
aside for a big practice game , nt which tlmo
all members are exoectcd to be In attendance
During the carnival Ihe Curllag club will p'ay
a series of gamcn at night.
ri-i-iull \lli-ratloiiH ,
A permit has been Issued to Browning ,
King & Co. lo expend $1,000 In allerallons of
lliclr building ut Flfteenlb. and Douglas
; ES COUNTY EMPLOYES
Expected Shake-Up in the Clerical Force
Shaken Up a Little.
BOARD CONSENTS TO SOME REMOVALS
n\I > -r < Uitnnc Ili-mU the Mxt , UN
1'lnc'o HclitK T liken 1 > .lolln T ,
Uullc ) Clot-It llnorl > ' *
The Bcaid ot County Cotnm'ssloners hcM
un adjourned meeting yesterday , and In addl
tlon to transacting routine bus'tiCM , the
members dropped a few ofllclal hwds Into
'tho official vvasto basket.
James Uuono baa been cmplo > cJ about the
court house for some months , acting In the
capacity of expert accountant , assistant to
Auditor Tale , and an all 'round man to look
up matters , for the old Board of County Com
missioners. On the now iboard being In
ducted Into office It nos conceded that Huanc
would ha\c to go , but the decapitation
ot the man came a little sooner than was
expected. Yesterday after the disposi
tion ot some minor matters , Commissioner
Harte offered a resolution , the terms ol
which provided for the removal ot Kuano
and the appointment of T. J , Kclley to fill
the vacancy. Commissioner Hector said
that ho would move the adoption of the
resolution for the reason that ho was of the
opinion that there was no necessity ot having
an employe to look after the work that had
been performed by Huanc. However , ho salil
that he could not vote for the man named by
Commissioner Harte. The roll being called
on the adoption of the resolution , Commis
sioner Hartc was the only man voting In the
Commissioner Hartr came to the front
with another resolution providing for the
Immediate discharge of Hume , and the ap
pointment of John T. Ualley to fill the
\rtflnnnv. Airnln nnnmlsilnnpr Hnntnr mnvnd
the adoption of the resolution and when the
roll was called , every member of the board
voted In the affirmative.
OHANQBS A llOOKKEDran.
The county olerk notified the board that
he had dispensed with the cervices of dcorso
\V. Ilcston , bookkeeper , and that ho had ap
pointed \V. Q. Templeton to 1111 the vacancy ,
the change to become effective on February
Commissioner Hector said that Mr. Hcston
was one of the old cmplojes ot the county ,
and aa there had never been a word s-\td
against his work It was an act of ingratitude
to remove him from office at this time. Ho
also questioned the right of the county
clerk to remove or appoint an employe of
the county. The bookkeeper for the county
clerk , he contended , was an appointee ot
the commissioners and there was no au
thority \cstod In the county clerk to make
the removal. A vote being taken. Commis
sioners Hector and Hofeldt were the only
members voting against the removal. On the
nc\t ballot Templeton was named by the
same vote , Chairman Klerstead and Mem-
beis Harte and Odtromotlng to Install him
n. C. Hanom asked to bo appointed to any
old position out at the poor farm. Ills ap
plication was referred and then the applica
tion of John JcfCccat , to be appointed a mem
ber of the Soldiers' Uellef commission , vice
Robert S. Wllcov , who had resigned , was
taken up. Mr. Jeffcoat received one vote when
the roll call was called , and of course ho
was not e'cctcd. The name ot T. L. Hull
was afterward substituted and ho received
the unanimous endorsement of the , b < Mrd.
Sheriff McDonald announced that ho had
appointed J. T. Clapp as a deputy cherlff
to eerve the county judge. The appoint
ment was confirmed and the bond presented
by Mr. Clapp approved.
J. II. Taylor > isked to be named as super
intendent to look after the Douglas county
exhibit at the exposition. His request wso
not considered , though It went Into a pile
ot application of parties who want jobs In
connection with the big show that will bo
1 hold during the coming summer.
The protest against granting a license to
Henry .Mies to operate a saloon In Clontarf
precinct was overruled and the license
ordered IssuoJ. In this case certain resl-
.Jcnts of the precinct were the parties who
protested. Ed Peterson withdrew his ap
plication for a license authorizing him to
open a saloon In West Omaha precinct. The
other liquor license cases were set for hear
ing next Tuesday at 10 o'clock In the morn
ing ot that day.
IJlrts for supplying the county with
merchandise and supplies during the ensuing
ypar were passed upon and awards were
made. With reference to Job printing ,
furnishing blank books and stationery , the
award was divided about equally between
the Klopp-Bartlett company , the Hoes
Printing company , the Omaha Printing com
pany and John L Gideon. The contract , for
furnishing ice at the court house and Jail
went to Lamoreaux Drothers at 30 cents per
1100 pounds , while the contract for Ice at the
county hospital was awarded to the Seymour
Ice company at $1 per ton , delivered on the
Anthony Thompson secured the contract
for supplying the meats at ttio county hos
pital. The Western Soap coiroany ctgtureJ
the soap contract , while the bread contract
vvtot to the New England bakery , the bid
being 2 % cents per loaf , each loaf to weigh
ono pound. The contract for furnishing gro
ceries was awarded to the George P. Muaro
Tfoe last quarterly report ot ex-Register ot
Deeds Elsasscr showed a surplus of $240.95
after pa ) Ing all expenses of the office.
The next meeting of the county commis
sioners will be held Friday morning at 10
keen and healthy cornea from the use of
Anhauser-Busch's Malt-Nutrlno the food
drink. Druggists sell It.
Don't kick and make yourself Rcncr-
illy disagreeable , because you've wet
foot boino hhoM arc not much protec
tion iu this weather but you've tlu > op
portunity of wearing the Ideal wet wea
ther lioo In our new never-sllp sole
ones either with vicj kid or onlf uppers
tlio vicl kid are calf lined and they're
$5.00 the box calf are ? : i.OO and they're
not en If lined both have the heavy hole
with lubber inserted that makes it pos
sible to go without-'rubbers and they
won't let you hliin-and they will keep
your feet dry to wear them once Is to
do so always. " '
Drexel Shoe Co. ,
Maybe homo of yiifjo fellers wild Ilka
tor put on de gloyo.siwld me bnfyer
won't If 1 no lt cote 1 got all I ken
lo to koup do follei'-Pfrom ' senipln' when
dey git in de mad rilsh fur do. hvo-ooit
Htoeeker clgnr wat'iv.vjdad inake.s at bin
smoke hoiihe on , noiiRhiH .stloot It
Irawh do crowd Hup a porou.s iilastor
nit yor don't need no IIOI-OUH phiHtcr on
do back of yor neck tor Hiuoko do
Stoocker ItV dead oaHy and den de
lorbackor In it is du Hiune as mini of do
ten-centers while de wrappur Is my
Ant Saniantha'b If yor want a good
unioko jist ( 'ivo yor 'Joalcr a nlcklc fur a
1404 DOUGLAS ,
It costs so little to conn
inand a thoroughly first class
tailored suit as we sell them ,
that we wonder who can pur
chase the shoddy production !
so common ,
Of course , it makes tin
"EXCLUSIVE CUKDIT TAILORS"
squirm but , we hear of no cus
tomer who worries because
he saves 25 to 33 # percent.
It's the constant study of our buyer to gather the bright
est and best goods from the standard looms of the world and
so mark them that no gentleman need fall into the error of
wearing poorly designed or ill-fitting garments.
TROUSERS S4-85-S6-37-8-S9 SUITS $15-20-$25-
209 and 211 S. 15th St. - - - Knrbnch BlocK.
DEAD TO HIS FIRST WIFE
Chicago Man Tries nn Old Qamo with
DECEPTIVE LETTERS FAIL TO CONVINCE
I'oller Spi-iul Miii-li TliiVo lit TrnoInB
IJoun a htorj Hint finally
i-liin | Into I'uru
About three weeks ago Chief Gallagher re.
celvcd a letter from W. J. McCauIcy , 131
California avenue , Chicago , Inclosing another
oplstle from ono II. 0. Tucker.
Mr. Tucker , who Is a brother-in-law of
Mr. McCauley , rec'.tos a tale of woe seven 1
chaplcra In length. He said that a few dajs
previous to the writing ot Iho letter ho be
came Involved In a fight with a friend , and
that the alleged friend shot him In the neck.
After the shooting , Tucker sijo he w-'s taken
to a local hospital and then other complica
tions arcso In the form ot Inflammation ,
tjphold fever , pneumonia and a few other
complaints , so that at the time of writing
ho figured thut hla hours were numbered.
Aa a result of the letter , Mrs. Tucker ,
whom the much-afflicted men in Omaha left
In Chicago while he came hero to look for
work , was thrown Into a high state ot
nervous excltemcil by the Impending doom
of her beloved husband. The brother-in-law ,
at her Instance , earnestly requested that
Chief Gallagher locate Tucker and do every
thing 'n his power to relieve his Buffering
In/ the letter written by Tucker he forgot to
mention the name of the hospital and this
Inlenslflcd Iho worry of Ihe wife , who waa
anxious to como to him as soon as funds
could bo provided.
The police looked high and low for Tucker ,
jut failed lo get any trace ot him at the
hcspltals. The icault of their 'investigations
was n-ade known to Ihe wife. Other letters
were received from Chicago , urgently re-
qucallng lhat the search bo continued , until
ycaterday a firal missive wai received from
ho brothcr-ln-law in which he requested all
otters written by him should bo returned
and noth ng more done In the o EC. The Ict-
er also mentioned the fad thit Tucker had
> een located on Sherman avenue ; that he
was In the best of health and that he wca
> y no mentis lonely , as he had taken tnto
himself another partner. The slory of his
vounds , maladies and appi caching dlssolu-
tloa were merely given to his relatives as a
gentle hint tlat In the future ho should
) o the same as dead lo them.
First premium and gold medal at the
Vorld's Fair was taken Jiy Cook's Imperial
Champagne , extra dry. Bouquet unrivaled.
Hull- for ItojH mill ( ilrlH ,
There will bo a gospel temperance rally
at the Child Saving and Gospel Institute , 30G
South Eighteenth street , on Thur = day even-
iiK at 8 o'clock. The rally A III le ) con-
iucled under Ihe auspices of the Woman's
Christian Temperance union. There will bo
solos nnd chorines by glrli nnd boys and a
chalk talk especially adapted to children.
The following marriage licenses were la-
sued yesterday by the counly Judjo :
Name and AddrcsH. Ago.
Henry Milk , Sarpy county. Nebraska.11
Maggie Hensen , Douglas county , Nub. . . . n
Edward Holpln , Soulh Omaha 2J
Delia Devlne , Soulh Omaha 2J
\\HHIC or Tin : I--ISH
lloport ii tin * < iO 'riior Shonn Sumo
The Nebraska Fish. eomniKMon hi * Just
delivered Its annual report to Oovpuior Hoi-
comb .and takes pride In It as an epitome of
the bcR jcm'b work In the history of Ilia
rotnmljslon. The H'porl Is an exhaiutivo
document and tclH evcrj thing that the com-
mlsglon did duilng the last > onr.
The nun ber of Mi distributed and phuted
In the ponds , livers and streams of thH
state wns partleulaily large. The following
table glvuj the number of Iho vailous im
ported and domestic vailotlcs of fish which
\voio thus placed-
Wall-eyed pl'to fty . l9 20.r M
Ualnbuw Hunt , ve tilings . < < " 1 1
Hiltlbow tiout , fiv . 207.COO
1'i ok tiotil , voaillnss . " * '
Hiook trout , fry . 3HOfi
III lek bis1 ! , six moiltlm old . 40 &i
GLimin carp. F\ | months old . 2I.'W )
Oeimaii c-aip , jeiillii . r. . . . . I.IW
Salmon trout fiy . ll',7li ' ) )
Croppies , s.l\ months old . 12 iiX >
SUlpod perch . 1 . "
Channel cattish , two jcars old . . . . i.N >
Gold llsh , s\ ! months old . -1.OS
Total . Ifl.llAfilS
The commission conaldois trat all the
streams and ponds In Iho state are now
pietty well stocked , but complains that the
work Is hindered by oclnria. Thuio li a law
in existence whirh irakcs It a criminal offense -
fenso to bslne l > i ponds and streams , but It
Is laxly enforced , owing to the fact that the
matter of enforcing It Is p > iccd In tie hands
cf ptcclnct Justices and corctublra , who do
not care to arrest their neighbors for anj-
tfr'ig SD InslgiilficttH apparci.tly n seining.
The commission would like to wi > vi clo c 1
season ( NS'ubllahed by law. in which a dealer
could be prosccuti'il for offering for into cer
tain kinds of fish , pirtlculirly l-ass , croppy
and channel oat.
During the last year a ivimber of Improve
ments luvo been put In at the pc-ids and
hatchoKcs at South Bend. This cfUahllMi-
menl ! .i much belter equipped for I'n work
than It was .a year ago.
During the \uir the fish car Ins traveled
10,207 miles in distributing the fish end
fry. Most of this dls'anrp toss bee : , ccvered
In the state , the car Icavlns the bomdarles
but once to go lo tie Mleaiarl hitcherlcs
to bring a batch of fish to th'a h'ate. '
The commlsslcn U c mpc-cd ofV. . I < .Ma >
of this city , J S. Klrkpalrlck cf Lincoln and
Ilobert Obcrfelder of Sydney. Mr. .V.iy ! Is
tlio oldest member of t'he commleilc'-i , hiving
been appointed when It ' _ a wtabll lied ! 'i
1S79 und continuing iij the p-altlcn since.
Last summer ho was roippolntcd by Governor
Ilolcomb and will serve until 1900. Tlio
term ot Mr. Klrkpatrlck oxpli.a I i Juno ai > l
t.iat of 'Mr. ' Obcrfeldor In Juno of next joat.
Take advice ! Stop coughing at once by the
Immediate too of Do. Bull's Cough S > rui > .
Ono bottle will cure jou.
Sl-ill Tin-in ( ) u ( of Ciilirl.
The case of D. I.lpsehltz chare d l > y a-
cnrp-n cleaner , named C' . 1) . Mirrymin ,
with trcspiss , occupied the BI eater poi-
tlon of Judge Gordon's lime yesterday.
Merryman Bay.s he bad lented a loom of
ono JJioadky nt ] 31" DotighiH Hirer ! Tor
reasons best known lo hlniHelf Dioidky did
not deem Merryman a desirable tenant and
las he had madj no lease with Meriymun ,
ho rented the plnco to UpschlU The latler
took possep.slon of the pluco and was i'li-
Raged In puttlnK1 up some partitions when
ho was arrested. Judge Gordon dUinUs'il
the case with the- remark thai ho tould
not waslo his time on such needless C.IHCH
and recommended that if the men wanted
to continue their lUht lo bring the cnno
before a justice Of the ponce ,
J. A. Perkins of Antiquity , O , , wns for
thirty years needlessly tortured by physi
cians feetho i-uro of eczema Ho wan
quickly cured by using DoWltt's Witch Hazel
Salve , the famous healing salvo for piles and
AVlien It's posMblo 1o buy plnnos for
? 1 ( ) eiisli and from ? 5 to ! ? " ] ) L'r month
thoiv's no UNO liclii } ; without OHO tln-su
.secoiKMiiiuil jilaiios tire the bust Imr-
alii wc'vii over olTercil hi .such liibtru-
ij.uriO iranlinnn pluno , rosovvooil ens ; ,
upi Ixlit piano , tj > ! )2 ) ,
$ li.0 I'Msehor pliino , full siw > , upright
pliuio , . ! ) S.
A. IIosi ) ( > piano , ebony case , up-
piano , 117.
Klinbtill piano , olil scale , In > ; ooil
bhapc , $115 ,
Gnu llnu Oiovostcpu squill o piano ,
oroiMruiiK bnso. KOOI ! shtipc , ? "i5.
Oiu > Ha von A : Uauon Hquaro piano ,
carved leg.s , molding all around , ? ( > . ' ! .
i/.ysic / ondin / 1513 Douglas
Yt > .s we jiiill tpoth pxlriict them with
out | ) ; ilu or KUH for WJu vvo'rc dontlhts
mill If you'll como here we'll make a
caioful oxaiiilnatlon ab-toluti'l.vi fiuu
inaybo they don't ni'od extructliiK
Mtnu'tlnics u little Illllnj ; Is all that IK
ncct'.s8ary tha oxaiiilnatlon will toll
that we're exports at filling tooth of
COUIKO thoio'H homo Ineoiivcnloncc and
possibly a llttlo pain In llllln ti'oth
but you're not handled loiiK.hly liere- *
boMldcH , our IHllnt , ' wtuy whore wo put
them and w.o use only thu puiest of
Kold-hinall gold niliiiKH are ? l.00--we !
also ube wllver und gold alloy thoy'io
only $1.00. , _ _ _ j _
13 Year * Ud floor 1'iiilon IIIIc.
Uziicrlvaoe. lUib nud l''aruntil.