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Omaha daily bee. (Omaha [Neb.]) 187?-1922, November 24, 1898, Image 7

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TITE OMATTA DAtIA' ItEE : TirtTRSDAY , NOVEMBEH 24 , 1808.
THANKSGIVING IN NEBRASKA
Historic Review of Proclamations Issued by
Antelope State Governors ,
ACTING GOVERNOR CUMING HEADS LIST
Onmcin1irr IS , 18. % I , the People of
the Territory Were 1'lrnt
f Cn 1 1 f < l tip on to Olmertc
the Uny.
LINCOLN , Thanksgiving Diy , 1898.
livery now and then tome enterprising
newspaper sjmllcate sends out a neatly
wrltlcn mimeograph leller to senators , rep
resentatives , governors and other prominent
men , asking of Fourth of July celebrations
have not degenerated Into meaningless dem
onstrations , whether patriotism Is waning
and bow to rcvlvu the enthusiasm of " ) c
olden time ; " whether the real Christmas Is
not a thing of the past , and BO on. Would
not It be well to Inquire also whether the
religious otstrvanco of Thanksgiving day
has not fallen Into disregard ? Perhaps the
November elections of each year and subse
quent explanations as to bow It all hap
pened have contributed somewhat to allow
ing this holiday to pass with less editorial
comment nnd syndicate Inquiry than the
olhcrs.
The Hold Is largo and Invlllng. Of the
many millions of American citizens who to-
ilay sit down to tables loaded with the good
.things . of caith , the turkey with oyster
dressing , the cranberry sauce and what not ,
liow many glvo even a passing Ihought to
the Thanksgiving dajn of yore ? to the origin
of Thanksgiving day or to the reasons for
thankfulness given lu executive proclama
tions for the observance of such a day ?
This Is not Intended for a Thanksgiving
sermon. Newspaper men rarely have time ,
ability or Inclination to sermonize ; but they
< can and do glvo facts. It Is their duty to
vaults nnd out-ot-lhe-
dig around In dim old
vray places , search out forgotten records and
lay them before the people at opportune
moments. On Thanksgiving day It Is meet
should be told
their readers
and flttlni ; that
of events connected wllh olher Thanskglv-
Thos" dry old fellows who spend a life
time boiling down a mass of historical ,
Information Into
eclontlflc and religious
cyslopedlc form have this to say of Thanks
giving day :
and social festival , observed
rotlKlous
A
nnnulflr ta the United States or i appoint-
York ) off ast of the kind la on record re
s ass
due to a prevalence o
nfttr that , perhaps
Seism and skepticism , until 1789 , whe ,
President Washlngtcm appointed a day o
thanksgiving for the adoption of the fcdcra
constitution. Consequently various days li
November were recommended by president
nnd governors until. In the third year of th
civil war , under President Lincoln , th
regular observance of a national thanks
giving began , the proclamation by the presl
dent being supplemented generally by gov
ernors of states , and fixing by custom thi
last Thursday In November as the day.
Aehrniikn'H rirnt Proclnniiitlon.
Today Is the forty-fifth Thanksgiving daj
In Nebraska at least It Is forty-four yean
slnco Acting Governor Cumlng Issued th (
first thanksgiving proclamation In thetcrrl -
tory. In a vault In the governor's office a
Lincoln may be found an ancient volume
showing some evidences of usage and th <
ravages ot time , but , withal , a well pre
served book , on the back of which appear !
In gold letters : _
RECORDS
NEBRASKA TER.
The old Bong
Tou cauzht a geese when you wanted a pen
The Ink you used was blue ; . . . .
But things don't seem like thev used to boei
When this old book wns new.
hardy applies to this book : The Ink 1
black a brilliant black , but the paper 1
blue On the first page la wrltlen In i
Hancocklan hand. "Executive Proceeding
and Official Correspondence , Territory o
Nebraska. "
Upon the creallon of Nebraska Territory
In 1S54 , President Pierce appointed as of
flrers for the now territory the followlni
gentlemen :
Governor Francis Burt of South Care
Una.
Secretary Thomas B. Cumlng of Iowa.
Chief Justice Fenner Ferguson of Mlehl
Associate Justice Edward U. Harden o
Georgia.
Associate Justice Jamea Bradley of Indl
Ana.
United States District Attorney Experl
nee Estabrooke of Wisconsin.
United States Marshal Mark W. Izard o
'Arkansas.
Governor Burt arrived In Nebraska 01
October 7 , 1854 , and was qualified on th
16th. Two da > s later he died of colonetus a
the Mission Home , Bellcvue , then the capl
tal city of Nebraska territory. Accordlngl :
Secretary Cumlng became acting governor
and , on the ISth day of November following
Issued Ihe first Nebrnaka Thanksglvln
proclamation. Omitting the formal parts , hi
tatd :
A time honored and republican custon
sanctified with Christian observance , has s (
apart one doy In each year lor the expire
slon of thanks to the Almighty Disposer e
Events , by Whose kind providence our be
loved country has been BO bountifully blesse
and singularly proteclcd.
The Inhabitants of the vast territory e
lalely added lo the republic may well t
united with tlulr fellow countrymen 1
thanksgiving to Almighty God for the con
tlnucd existence nnd progress ot the fedcn
union , for the blessings ot peace In a pcrlo
of devastating wars , for preservation froi
pestilence and famine , for the spread c
Christianity and education , for the accesaln
of an Immense and priceless domain , fc
the steady advance ot free principles nn
the success and supremacy ot our constttu
tlonal self-government.
Deeply convinced that our humble ac
knovvlrdgments , as Individuals and as a pec
pie , are due at all times to our Bcneflcer
Creator , upon \Vlicwe favor all are depend
ent , and In conformity with the wishes <
many good citizens , I , Thomas B. Cumlni
acting governor of Nebraska , do herch
designate Thursday , the 30th day of Novem
ber , us a day of Thanksgiving , and recoir
mend that on that day the people of th !
territory unlto In homage to Almighty ao
VITALITY.
H rif ord'i Add Phoiphato
Ol e Vigor without drawing from
to-morrow' * upply <
Take no Substitute.
Tor His past mcrclen and blessings nnd
bcfictch Him for n continuance of Ills pro
tecting fnvor.
Itnril'x I'riiclnmafInn ,
There Is no record of a Tlnnkrglvlng proe-
f.imntlon In is : > o , but doubtless one wag l
sued. On the 20th of October , 183C , Gov
ernor Mark \V. Izard , remarking that "It
has been usual tor the executives of the
several states and territories to set apart
one day for the returning of thanks fcr
the manifold blessings which In HU gracious
irovldeuco He had been pleated to confer
ipon u , " designated Thursday , November
20 , 1856 , na a day ot thanksgiving and asked
that "all denominations of Christians as
semble at their respective places of worship
and return grateful acknowledg
ments to that Almighty Being Who has
hitherto no signally blessed our Infani com
munity and Ibat fervent prayer be
offered up * that the civil strife that
now ecems to thrcalen Ihe stability of our
glorious union may be speedily nllajed and
peace und good will be restored to our be
loved confederacy. " This proclamallon was
dalcd at Omaha C.ty , the new territorial
capital. ,
On November 4 , 1S37 , Secretary Curalng ,
who was again acting governor , Issued hU
proclamation. He took occasion to cay :
Tbo propriety and religious duty of the
obiervauio of such n day In each > ear have
birn recognized by nearly every state In the
union. Wo may be thankful for the
prosperity of the country at large , for the
absence of wars and pestilence , for the
security of our rights nnd liberties under n
republic now firmer nnd more powerful than
ever and for the certainty of the more rapid
proirc 8 of our productive end promising
territory. Whatever the embarrassments of
the times , all may rejoice In the privilege
of "life llbcrtv nnd the pursuit of happl-
icss , " and should unlto In prayer and praise
to Him who baa to lar sustained us and
Who controls our fortunes.
The day designated was November 26.
Governor William A. Richardson made a
decided Innovation In his proclamation ,
Issued November 10 , 1858. In which he desig
nated Saturday , December 4 , as a "day of
thanksgiving to Almighty God for the mani
fold blmlngs which In His great goodness
and mercy He has bestowed upon this
people. "
Prom 1858 to 1S02 the records are very
badly kept or , to bo accurate , no records
appear to have been made. Several hun
dred blank pages In the first record book
follow Governor Richardson's proclamation.
Probably Ink was scarce or the times too
stirring for such a sedentary ocupiton ( as
writing apparently unlatcresllng Horns ot
public matters In a blue book. So we take
up the second book , called the
SECRETARY'S
RECORD.
It would appear from the records extant
that Nebraska '
territory's acting governors
did more real acting than Iho real governors -
ernors , for , after a lapse of four years of no
records , we find that Acting Governor Al
gernon S. Paddock , on the 12lh day of No
vember , 1SB2 , proclaimed Thursday. Novem
ber 27 , lo bo a day of thanksgiving. From
among Ihe many good Ihlugs In this well
written document the following are culled :
I'udilock'a 1'roclnmntlon.
Wo have reason to be grateful to the
Supreme Ruler of the universe , that amid the
perils which during the year now apprcach-
ing Its close- have beset this great naton ,
threatening Its very existence , His support
ing arm has been continually outstretched to
save and protect It. ne has Indeed scourged
us with a civil war more terrible than an >
HVn8 Tr before > lsltcd uP ° n >
rh
Christian nalion : a war that has spread ruin
and desolation through many states hereto-
hn AapPy Prosperous , In which fathers
ought not to praise Him ? Did not
the oins of the nation deserve rebuke ? Did
? n K8,0" ' " 00 aml Prld < 5 need to bo
? The Almighty chasteneth His
chosen people to make thorn wiser and more
Although Iho regular observance of a
national Thanksgiving was begun under
President Lincoln in 1863 , no mention of a
governor's supplemental proclamation ap
pears of record. But on the 5th of NoTrm-
bcr , 1864 , Governor Alvla Snunders.
designating Ihe last Thursday of November
'
said :
During the year our nation has been
favored with such prosperity as fewn
' ; , , P < ? 0pl ° ° earth have eve ? 'en
the husbandman has
a ,
ln V0 the PrM" t' proclama
tion In ISGo. Governor
Saundcrs
, on the 4'h
day of November , designated the first Thurs-
anD
withheld from us the ravages of
On November 10. 1866 , Secretary Paddock
was again acting governor , and that day issued -
sued the Thanksgiving proclamation H
jecommended the observance of Novcmbe
29 "fts one set apart from all others of thi
year of unexampled prosperity. "
Here the lerrltorlat records end. Nebraska
waa admitted to statehood March 1 1867
and the Thanksgiving pioclamatlon of thai
) ear was doubtless Issued by Governor David
Butler , although no record of It can bt
found. In fact , there Is no record of the
thanksgiving proclamations for Iho years
1867. 1868 , 1869 and 1S70. In lS71-bu |
there's material for another story. The
Thanksgiving proclamations by all the gov
ernors of the stale of Nebraska from 1871
to 189S are Interesting
reading
; they nr <
full of hlslorlcaf data ; one can read belwcer.
the lines much more than a mere designation
of a day on which all should render thanki
to Omnipotence ; one can see the trend oi
human progress In nome directions ani
human retrogression In others ; one can sec
Nebraska wax great In population , ir
wealth. In education , Nand In morality , ani
one can also see poverty and Ignorance ani !
vice stalking along nearly , If not quite , a <
rapldry. Nebraska's territorial thankfglv-
Ing proclamations are quite enough to dlgesi
mentally while ono stomach Is herolcallj
attempting to digest nn over-generous sup.
ply of substantial and dainties which thi
good wlfo Insisted again and again must b <
eaten. CHARLES Q. DE FRANCE.
Dr. Bull's Cough Syrup Is Ihe best cun
for Incipient consumption. Price , 25c.
Identify Stolen Property.
When T. H. Franklin , a sne k thief , was
arrested Tuesday his pockotst were found t <
be filled wllh cuff butlons , faccy knives am
small Jeweiry Knlck knacks. A comparlsor
of Iho sluff with the descriptions of thi
same character of plunder secured by thieve :
lu a raid on rooms of Miss L. C. Bertram
113 % North Fifteenth street , recently
caused the police to send for that woman
She called at the police station yesterdaj
morning and Identified every article.
Two young men entered the Nebraska slor <
Tuesday nlghi and , while cue altrarted t
clerk's attention from a pile of overcoats
the other donned a heavy ulster and Jefl
the store. Yesterday Detectlvo Savage
saw Charles Gallen and Frank Wilson paradIng -
Ing on Fifteenth street with new overcoats
and arrested them as suspicious characters ,
A clerk at the Nebraska stor-j , who was at
the station. Identified the couta as belong
ing to his Orm.
SCALPER IS HELD FOR TRIAL
Judge Baxter Gives His Decision in Broker
McDonnell's ' Hearing ,
ALLEGED TICKET FORGERY EXAMINED
rriiNecutlon Mnken ! ( ShimliiK nnd
IlL-feinc Cornell In StroiiK trlth
ISeKiidte TcNtlmonr Whlcli ( he
Court alien Consideration.
After reviewing the testimony pretty
closely and making a comparison of the
Union Paclflc railroad ticket offered as evi
dence In tbo case , County Judge Baxter de
cided > estcrday afternoon to hold Ticket
Broker J. II. McConnell to the district
court , fixing bis ball at (1,000. In default
of ball McConnell was remanded to Jail.
Tbe argument took up all the afternoon.
Much nas made by tbo defense of tbc evi
dence of Arthur Sparks of J. 0. Coork & Co.
as to the Impressions of various stamping
machines. The state rnado a point on the
omission of any figure after the name of T.
W. Lee on the ticket. The ticket had been
originally sold to W. I ) . Bracken. Calhoun ,
a detectlvo In the employ of the railroad ,
bought It from McConnell , pa > lng him JO
for It. Its condition , being patched up with
courtplaster , which alto ecr\cd the purpose
of concealing tome erased dates , tbo judge
said , had as much as anj thing with deter
mining bis decision.
Deputy County Attorney Herring has had
Manager McBrlde of the joint ticket agency ,
bis assistant , Golden , and the agent at Syd
ney , Barnhard , who sold the ticket orig
inal , all on the stand for the state. It Is
not charged that McConnell did anything
more than to fell to Calboun a ticket which
had been Illegally executed ; that la , the
ticket was good In the first place , but who-
cvrr stamped It good foV return to Sydney
did not have any authority to do BO. For
the defense , A. W. Jefftrls calred McConnell
to make a statement In his own behalf. Me-
Council said he could not remember dis
posing of the particular ticket In question ,
but If he did , he had supposed It had been
stamped by the proper authority.
McDrlde charged to J. H. Davles , another
ticket broker , the making of a statement
to him In a conversation after the exposi
tion closed to the effect that ho knew of a
scalper named Slsson having made a lot ot
money stamping tickets fnr $1 apiece during
the exposition. The return tickets were
supposed to bo stamped only by the local
representatives of the different railroad com
panies where the circumstances justified It ,
otherwise they had to be stamped through
the Joint agency. Davles denied that be
had mentioned Slsson's name or the name
of any ticket broken to McDrldo , though he
had said to him that ho once saw a broker
who had a package of some kind under his
arm at the depot and bragged about making
a lot of money through the means of Its
contents , but what the package contained
he did not know.
In his argument Mr. Jefferls took the po
sition that the state had not proven thai
McConnell knew of the ticket ha\lng been
Improperly stamped when he sold It. He
also contended that even If he had known
of It ho could not be held for uttering o
forged ticket , Inasmuch as the United Slate *
supreme court had declared the joint pas
senger agreement between the railroads
Illegal on the ground of Interferencu with
Interstate commerce , and any act of tbc
joint agency was Illegal In the light of thai
decision , so that It could not stand as e
basis of forgery or uttering.
TUIIN FOIl MOHAI , DELINQUENTS
JnMtlce CetUtiR Ilenily to Dcnl vrlth r
Vnrloicntcd Lot of Defendant * .
Thomas Sullivan , who shot and killed
Thomaa Ktrkland under the Tenth street
viaduct on the night of May 23 last , when
as he claims , he Intended to shoot at a negrc
with whom he had had some * trouble during
the evening , was arraigned before Judge Sla
baugh jestcrday and pleaded not guilty. Hit
case has been set for Monday.
Sullhan will adhere to the defense h <
made at the time ot the coroner's Inquest
This was that ho had been drinking and ftac
been embroiled lu a fight with a negro. Tin
negro , 'hrow a rock at him and struck bin1
on the breast , afterwards running away. Sul
livan went Into Drandcs1 saloon and took i
icvolver from behind the bar. Going out-
sldn with a threat that bo would kill sorm
negro , ho happened to see a man comlnf
around the corner , whom ho took for thi
nrgro ho wns after , and he Immediately flrec
at him. Then he discovered that he hat
killed his friend , Klrkland.
The case of John Kerr was also called , but
Kcrr's attorney asked for twenty-four hours
under the statute In which to enter a plea
Kerr Is charged with killing his father-In'
law , John Reid , nt Valley July 1. There hai
been a family row and Kerr , whose homo n
at Waterloo , went over to Valley with t
shotgun and sent a load of buckshot Inic
his fathcr-lu-law in the Reid hotel.
The gambling cases against Jack Norton
Klrschbaum , Dwjer and Burns and Phllllpi
and Hanson will be called up Wednesday foi
arraignment. These cases arose out of tni
pulling of two places on North Slxtcentt
street during the summer , at which a "pit
game" and several other devices were opcr
ated. On the preliminary hearing of botl
the Norton nnd the Klrschbaum-Dwyer
Burns cases before Judge Baxter , Pbllllpi
pud Hanscn were used to testify In behalr o
the state. Phillips admitted that be hat
come here with a "pin game" outfit and tha
hn was employed by Klrschbaum , Dwyer am
Burns , Jack Norton backing them , and tha
a vqry short time after the Klrschbaun
place , an old blacksmith shop , was pulle <
Jack Norton hired him to run the gam
where he was arrested. Doth Phillips nni
Hansen waived preliminary examlnatloi
themselves.
The eight South Omaha gambling case
have not yet been set , but It Is cxpectei
they w 111 come up before the Christmas boll
daj.s.
About the first thing to comft up In th
criminal court tomorrow Is the assault am
robbery case of Henry Kohl and Fred Swan
eon , who are accused of making Gus We
li.nder a victim on October 22 and gottlni
tl from his person.
The fur stealing case against A. J. Smith
alias J. Martin , Is also to come up Frldaj
He was arraigned yesterday and pleaded no
guilty. There are two counts against htm
one charging him with grand larceny on
the other with larceny as bailee. He Is ac
cused of stealing { 1,997.50 worth of skin
from Gustav E. Shukert on June 30. Tnes
are fald to have consisted of eighty marten :
worth $400 ; 155 otters , $930 ; 160 gray lams ;
$3CO ; twenty teavers. $160 ; five foxes , $15
forty minks , $60 ; thirty wolves , $30 ; twenty
five muskrats , $2.50 , and forty skunks , $4 (
Glaus From , charged with criminal assaul
upon Kate Bruhn , a 15-year-old girl , Octo
ber 23 on a farm near Elkhorn , was als
arraigned. His plea was not guilty. Tuca
day was the date set for his trial.
Frank McClusky pleaded guilty to
charge of assault upon James J. Ryan Octo
ber 13 with Intent to do great bodily barn
Sentence upon him will probably bo 1m
posed Saturday.
AVnuU 111 * Children. ,
There Is a peculiar habeas corpus cas
pending before Judge Slabaugh. On Mon
day nn attorney , George H. Place , whos
home Is at 816 North Forty-ninth stree
asked for "a writ , alleging that his tw
children a boy of 12 years , Howard t
Place , and a girl of 7 , Zella were wrong
fully restrained of their liberty by Mr :
Charles E. Dakc. In bis petition he sal
'
Mrs.'Dako and her husband have been run
| nlng around over the country and that Uu
children have been deprived of church and
Sunday school advantages. Himself he rep
resented as being a member of the First
Daptlst church and In t * position to take
care of his children properly and have them
decently schooled nnd religiously trained ,
The case was set for Wednesday , but I'lacJ
was not present when tbo Judge called It
up for hearing.
To the Judge a third party has communi
cated the Information that MM , Dako la
the former wlfo of Place and that In Sioux
City the children were- judicially awarded
to her In a divorce proceeding. H also ap
pears that Judge Keysor had token tome
action In the matter some time ago and
then permitted the children to remain with
their mother.
The case will be heard by Judge Slabaugh
first thing Friday morning.
UVl'OSITIOX COJSTDMPT CASH.
I'rcmpcntlon nrntu nnil tlic ItenrliiK
In Adjourned Oter Until Mondny.
The prosecution In the exposition con
tempt case rested last evening and R con
tinuance until Monday was taken on an
agreement between the counsel.
The object of Mr. Mahoney putting Jay
Burns on the stand grew clearer during
the day. Mr. Burns was formerly superin
tendent of concessions. The questions put
to him were all relative to the proportionate
business done by the Streets of Cairo at
Chicago , Atlanta and Nashville. Mr. Burns
stated that at Atlanta this attraction re
ceived 5.G cents to every gate admission ;
at Nashville , 4.1 cents , and at Chicago ,
where It was one of thrco shows that subse
quently combined under the present name ,
3.3 cents. In his opinion the per capita
here should have been C cents.
After Hums concluded , Beckett was called
to relate a conversation said to have taken
place between Judges Keysor , Powell , Sla
baugh , Baker and Fawcctt at their meetIng -
Ing at the time the original contempt case
against the directors of the exposition and
the Streets of All Nations concessionaires
was Instituted. Mr. Beckett testified that
Judge Fnwcett refused to take any action
for the reason that It was Fawcell's opin
ion that Scott had as much power In the
matter M the other six judges , but he
( Fawcett ) would grant an Injunction to any
litigant who would come to him with papers
In proper form. Judge Dickinson was not
present on that occasion.
Another conversation brought out was one
told by Joseph Hayden , who was made to
give evidence for the prosecution. Mr. Hayden -
den said that President Wattles had re
marked at one time that "this thing must
stop. I don't care anything about Judge
Scott's decisions. I know more about run
ning an exposition up here than Judge
Scott does down there. "
The afternoon was not without Us usual
sensational Incident. While Judge Scott
was expressing himself prclly freely about
Judges Keysor , Slabaugh , Powell and Baker ,
Slenographer Frank J. Sutcllffo was busy
taking notes. Judge Scott ordered him to
stop , saying ho did not object to Sutcllffc's
reporting the proceedings In a regular trial ,
but he did not propose to have any one take
down eveiy utterance he Indulged In from
the bench lo be used against him after
ward. Sutcllffe was ordered out of the court
room , but the matter ended with that.
He Ilnlncil n 1'uy Check.
A young man named Frank Johnson has
been arrested on a charge of raising an Ar
mour & Co. pay check , dated November 12 ,
from $1.05 lo $31.05.
The complaint was made by Cashier C.
H. Holloway of the company. According to
Mr. Holloway Johnson was employe ! on 'ho '
hog-kllllng floor at Armour & Co.'a for only
six hours , for which he received the pay
check for $1.05. After raising It Johnson
went to a saloon keeper named Ed Trapp
and got It cashed.
Noted from tlie IlncketH.
One of the steam pipes burst In the court
house during the morning and left the build
ing without enough heat to go around. Ac
cordingly Judge Blabaugh adjourned the
criminal court shortly after noon until Fri
day morning.
A stipulation has been , filed for a dlsm's-
sal of the suit of the Clifford Olympla com
pany against Constable W. P. Adams and
others over the seizure of the theater furni
ture.
ture.A spoond verdict of acquittal was brought
In by the jury early In the afternoon In the
case against Scott and McGregor , 6hnrged
with assault with Intent to rob. Deputy
County Attorney Winter says the two men
will now be tried on a charge of assault
with Intent to do great bodily harm.
In the matter of the * guardianship of Al
len Gobcl , Rev. John Williams , through his
attorney , flled an answer with the clerk ot
the district court yesterday denying all the
allegations of Mrs. Gertrude Gobel Crane
as to his disposition of the estate nnd the
moneys entrusted to him nnd set up as a
3ar to the district court suit the proceedings
n the county court and the acceptance of
ils report.
Notice has been served upon the German
Savings bank by M. Wollsteln & Co. and
sixty-five other depositors , similar to that
given by I. R. Andrews and B. G. Burbank.
lo the effect lhat on Saturday Judge Dick
inson will be asked to make an order di
recting Receiver McCague to dispose of the
rank's assets for the benefit of the depos
itors and requiring Mr. McCague to submit
a report covering the time slnco January 1
of this year.
Constipation prevents the body from rid
ding Itself of waste matter. De Witt's Lit-
cure sick headache , biliousness. Inactive
tie Early Rliers will remove the trouble and
liver , and clear the complexion , bmall ,
sugar-coated ; don't Krtp or rause nausea.
SO INTENTION OF GIVING UP
Union Pacific and Omaha Roads on the
Fourteenth Street Situation.
ATTORNEYS CONFER ON PLAN OF ACTION
llmnlutlnn of the Comiclt OnlrrltiK
the Clenrlnir of thp Street Will
Be Comlintcil by tin ? fompn-
nlei Connell'i Opinion.
The Union Pacific and the Chicago , St.
Paul , Minneapolis & Omaha roads are going
to fight. They will strenuously resist the
attempt of the city to carry out the resolu- ,
tlon passed by the city council on Tuesday |
night , which orders the tracks of the two
companies on Fourteenth street , between
Burt and Nicholas streets , to bo torn up.
The determination to oppone the city In
thli matter waa reached , at a lengthy con
ference held at Union Pacific headquarter *
yesterday between Ihe attorneys of the
two raltrojd companies. General Solicitor
While of Hie Elkhorn road , who looks after
Ihe legal Interests of the Northwestern line *
In Omaha , spent the greater part of the moru-
Ing with General Solicitor Kell > of the Union
Pacific. The passage of the resolution In
question by the city council was earnestly
discussed by the two railroad attorneys and
the plan of campaign to fight the con
templated action was mapped out. What
this was cannot bo learned. It was propo cd
that the Union Pacific will throw out the
bluff that the loss of Ita track on the east
side of Fourteenth street , now enclosed by
Iho shop jard fence , will seriously Interfere
wllh the work of the shops and may lead to
their removal.
Both at orneys declined to speak for pub
lication on the mailer after the conference.
General Solicitor Kelly of the Union Paclfl ?
said that he didn't even know what action
the clly council had laken , that he had Just
arrived homo last night after an absence of
two weeks from the city. He said ho would
look thp matter up and sent for Chfef En
gineer Berry.
Announcement of Policy.
A representative of the Omaha road says ;
"We wllf take up the track lying within
the ten-foot space set aside for sidewalk
purposes on the west * lde of Fourteenth
stree I. We will not take up the tracks west
of this , oven though they are within the 100
feet claimed by the city as Iho slreet , be
cause wo hold good tlllo lo the land on
which these tracks real. "
A representative of the Union Pacific
says : "I do not thlnlt any of our tracks on
Fourteenth street will come up. I think
they have been down long enough for us to
show a proprietary ownership of the land on
which they are laid. "
City Attorney Council , however , maintains
that neither road has a right to thcso strips
of the street and he therefore Incorporated
In the resolution the Instruction to the Board
of Public Works to clear the Btroel of tracks
to Us full width of 100 feet As to Jhe
merits of the situation , Clly Attorney Con-
neil states :
"I have made a careful examination of Iho
city records to learn upon what ground the
railroads claim tlllo to this section of the
streot. The only record upon which they
could do so Is a resolution passed by the
council In May , 1866. But , according to this ,
the Union Paclflc railroad was given only
the right to lay a couple of railroad tracks
along the entire length of Fourtecnlh slreet.
There was nothing In the resolution by which
one might construe that the Union Paclflc
was deeded any part of the street , but on
the other hand the proceeding that followed
the passage of the resolution Indicated that
the council proposed at the time that Four
teenth street should remain a street to Its
full width , with the exception of this right
of way for tracks. Consequently , If Major
Lorln Miller gave to the Union Pacific a
deed to any part of the slreet , as the rail
roads claim , he did so without authority and
It would therefore be void.
RlK t on They CxUt.
"Now , let us see what right to the strips
of street mentioned the Union Paclflc could
advance , based upon this granting of the
right of way. The resolution gives the road
the right to construct a double track along
the entire length of Fourteenth utreet from
city limit to city limit. But In all the
thirty years that have elapsed since that
time the road has made no attempt to takn
advantage of Iho privilege. This
being BO , do you. suppose that
any court would now permit that road
to construct tracks along the entire street
right through the business center ot the
city ? The courts will certainly hold that
the road lost Us right of way by falling to
take advantage of It.
"Tho railroads also contend that the city
recognized their right to the strips nine
years ago when Fourteenth street was
opened by consenting that the street In
that location should be Only sixty feet wide.
But since the roads had no legal deed to
the land and the Union Pacific forfeited Us
right-of-way , the latter never owned the
strips In question and therefore the council
had no right to give It twenty feet on either
side of the street. Neither can the roads
claim the strips by adverse possession , for
the street has been opened only nlno years
nnd another year Is required to establish
ownership In lhat way. "
Will Help Out the Terminal.
If the city can obtain possession ot the
contested portion of this street , the matter
We Give Thah\s
That wo will have closed out nil the
plnnos we bad rented on the Midway
before Thursday now we want you to
come to the store nnd fcee the real new
plnnos we are showing a piano makes
n good Christmas proton t nnd these nre
Christmas plnnos there are Knabe's
Klmball's Krnnlch & Knell's Ilallet Ac
Dnvls' Hospe's nnd about ten other
makes we buy In such quantities In or
der to nil nil demnnds that we cnn wave
YOU $ r > 0 to $100 on n piano purchase-
just pilco us and see.
A. HOSPE ,
Music end Art. 1513 Douglas.
We Want You-
To know that we nre better prepared
rlffht now thnu nt nny time before to
supply nil your wnnts as an nmatcur
photographer we keep all the solutions
toning baths , etc. ready prepared for
use 111ms and plates for nil cameras
and show a large assortment of cameras
and other supplies we have two dark
rooms and n burnisher that we n-e only
too gliul to have you use tnke a look at
the MVC'X3 > Xj Monroe folding camera at
$7.50 you can't bother us often enough.
iheAioe&PenfoldCo
Phot * >
1408 Farnam Street.
Putt * Hotel.
We do'nt ndvortUo to fjlvo you nlno dollars worth of Rood for * I.S8
the doulo'- thin "uvs ho will l dl-m mojt , and you can't rolv on his state
ments. If you want nsu'vlbnlilo , dnncndnbli ) urtlule nt a rou umblo 1'rlco ,
wo will supply you. WEEKLY OU MONTH ! Y I'AYMIJNTS Hyou like.
No extra charge.
Our Our
Guarantea Guarantee
It will heat
It will heat
3 Rooms 3 Rooms
a season with
a season with
2 Tons 2 Tons
of coal or your
of coal or your money back.
money back. The handsomest
500 Omaha etovo in the
Testimonials world.
of giving a right of way to the Omaha
Bridge and Terminal company for two
tracks upon the' street would bo much
easier of solution. The slrcel al prcseut
Is but sixty feet In width , and Is actually
only fifty feet wide , because ten feet of It
Is occupied with a track belonging to the
Chicago , St. Paul , Minneapolis & Omaha
railroad. If the Terminal company Is given
permission to lay a couple of tracks more
on the street In Its present condition , twen
ty-eight feet more of this fifty feet would
be taken , leaving an actual road way ot
but twenty-lwo feet. This Is entirely Inado-
quale for the tralHc Ibat passes along the
street between the city and the north bottoms
toms manufacturing district.
It , however , the track of the Chicago , St.
Paul , Minneapolis & Omaha road , that now
lies In the sixty feel. Is lakcn up , thirty-
two feet of the street will be left. There
will be no difficulty met at this point , for
the road has agreed to remove this track.
Then , If the additional twenty feet are se
cured on each side of the street the two
tracks of the Terminal company , occupying
a space twcnteight feet wide , could be
laid and still leave a roadway of sevcnty-
Iwo feet. This Is considered sufficient to
accommodate all truffle along Ihe strecl.
The council resolution Is a concurrent one
and must bo signed by the nnjor. It has
not reached the latter yet and Mayor Moores
will not bo prepared to ay what he will
do wllh It until It comes to him. If II U
signed by the mayor , Iho Board of Public
Works will proceed at once to obey Us di
rections.
\ . 1 > . nml O. It. it VN DlfTcreiiccn.
NEW YORK. Nov. 23. A meeting of the
Oregon Navigation officials was held hero
today , but nothing Is given out for publica
tion. It Is known , however , that the com
pany's differences with the Northern Pa
clflc were gone over , and that plans for the
removal of the difficulties were considered.
Before the meeting a conference was held
between Messrs. Bull , Cannon and Harrlmnn ,
representing Iho Oregon Railroad & Navl-
gallon company , and Vice President Lament
of the Northern Pacific. The conferees re
fused to say what had been done at Iho
mcellns , but the Impression was conveyed
that a satisfactory agreement would soon
bo obtained.
IVe\v Securities oil New York
NEW YORK. Nov. 23. Tacjo securities'
were approved for listing at todey'ti meet
ing of the governing coinmlliu ! of the Stock
exchange : Northern Pacific Railway com
pany. $1,777,000 , additional prior lion and
rand grant 4 per cent gold cnu' nn bonds ,
making the total listed to date $3701,000. ! '
Lake Shore & Michigan Southern , 1754,000
additional 3 % per cent 100-jear gold mort
gage coupon bonds of 1097 , making the total
listed to date $2S,9C6OGO. Soutlic.n Pacific
Railroad company of California , $10,000,000
first consolidated guaranteed gold 5 ptr cent
bonds of 1937.
Cnniidlnn nnil Grnnil Trnnk AKTPP.
NEW YORK , Nov. 23. The Canadian Pa
cific and Grand Trunk railroads ) , having
reached an understanding on the present
rate controversy , all ratea will bo rcslored
on Monday , November 28. Negotlallons nro
under way with regard to the use of the
North Bay line of the Grand Trunk for
Ontario business to and fioni the northwest
and service will likely become effectlvu
shortly.
NEW HEAD FOR TWENTIETH
Colonel I'ultrrnoii.HNlKiieil to Com
mand nt Korl l.ru > MiMi > rth
Other Dennrlineiit
Colonel John Patterson of the Twentieth
United States Infantry , the now command
ant at 1'ort Uravenworth , goes to that post
from Cuba , w litre ho distinguished hhusell
last summer. He commandul the Twenty-
accond Infantry In Cuba after the death ot
Colonel Wlkoff nnd waj wounded In one of
the engagements. Ho wns appointed a
brigadier general of volunteers.
Colonel Patterson Is a native of Now YorU
and Is GO years old. llo entered the army us
first lieutenant , Eleventh Infnntiy , May 11 ,
1SC1 , and pttrllclpatcd In twenly battles and
general cngigc-mcnts duilng the civil war.
He was transferred to the Twentieth In
fantry In 18CC , In which regiment ho served
as captain until Mny 19 , 1SU1 , when he was
promoted major , Third Infantry. On Janu
ary 21 , IS'Jti , he was promoted lieutenant
colonel , First Infant ! ) . Later ho was trans.
ferns ! to the Twenty-second , but returnrd
to his old reglmciit thiough regular pro.
motion upon the appointment of Colonel
II. S. Hawkins to be a brigadier general.
Major Towar , chief paymaster of the De
partment of the Missouri , lia.s been grnntcd
Itavo of absence and will leave soon for
Delrolt to undergo a surgical operation.
During his abscnco Major Hainner , now nt
Tort Ltavenworth palng the Twcnty-fl-st
Kansas volunteers , will act as chief pay
master.
Major Graham of the paymaster's depart
ment has been ordered to assist In the last
payment of the Fiftieth Iowa volunteers ,
then to return to Omaha.
Captain Bi > ck of the Tenth cavalry , nou
on duty as Infepcctor general ot the Depir- ;
nicnt of the Mlssouil , has been ordered to )
repoit at Denver for examination as to hU
lltn ai for promollon.
Caplaln Hodges , Twenty-second Infinlry ,
who has been on duty at deportment he/id- /
quarteri as department ordnance ctTlcer ami
Judge advo-ate , has been relieved to Join
his regiment at Fort Crook. Captain
Hutchcson will assume those duties lu ad
dition to his own ns adjutant general.
Major Henry C. Ward , who had charge of
the War department exhibit at the exposi
tion , will leave early In December to Join
his regiment , the Sixteenth Infantry , at Macon -
con , Ga. , of vvhlch ho will assume Imme
diate command , as he will bo the senior
officer present.
f'o m in n to Inmine Murilcror'N Srntenee.
FRANKFORT , Ky. , Nov. 23. Governor
Bradley today commuted to llfo Imprison
ment the sentence of George A. PortwooJ
of Lexington , Ky. , sentenced to hang No
vember 30 for the murder cf Richard Per-
kln" . Governor Bradley la convinced that
Portwood Is Insane.
A Word Before Dinner
The girl may need now shoes don't
be In a hurry for I1U-CAN give you
more for your money thnu Drex L.
Shooman ? Wo 1mvo n special winter
shoe In aur Hplit weight soft pliable calf
skin nnd a heavy doiiKola with a good
Bolld sole that will keep out the wet-
that we are selling mlhsps sizes nt § 1.50
that Is the very Ideal of n winter Hhoe
the snme shoe In chlld'H sizes nrc ? ! . - . "
bring them In nnd let us lit them to a
comfortable pair of shoes.
Drexel Shoe Co. ,
' ' Shoe House.
Omnbn'i t'p-lo-dnte
1419 l-'ARNA.M STREET
Telephone Us
As quick ns you road this nnd we will
send you out the best baking pan ever
made nothing you have or can get will
i east that turkey nt nice and brown
we hnvo them In nil sizes our line of
carvers Includes nil kinds some pairs
as low ns 75C good steel blades nnd
tines then we hnvo the more f.incy and
expensive ones with penil , Mag nnd
horn handles n beautiful line well
worth your time lo look nt oven If you
have n set these make elegant pres
ents partlculary nt this time of the ycnr.
A. C. Raymer ,
wi : nr.uvEii YOUR PURCHASE.
I 514 Farnaiu Streat.

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