Omaha Daily Bee Newspaper, April 27, 1894, Page 4

¥ A THEOMAHA DATLY BEE B ROSEWATER | PUBLISHED BEVERY MORNING | oF 8t n One ¥ foté copies of T iday T printed 1804, was as fol , el duly sworn ot fail and com Evening and the month of March 1 18 for unsdd and roturne Total xold s < 08458 Daily avernge net circulation 22,082 Hunday RS pres . cribed in my varn to before me and this 2 day of 1801 N. P, FEIT, Notary Public —— e Indiana republicanism is keeping right in the front row. The consensus of opinfon Is that the ran- tankerous Scott has sentenced himself to one term in public office. of Breckinridge, Minn,, has postmaster general to change Can any one blame it? The town asked the #ts name, Chairman Wilson of the house ways and committee is sorely needed in the senate to show the senatorlal leaders how to whip the majority into line on his tariff means democratic il ““Any court that makes differences in the administration cf justice betwe n eriminals is an abomination and Is unworthy the re: of anybody.’ This is what Judge Scott said in v sentence. The friends and admirers of the colonel ‘who never wore a uniform say that he cannot help acting as he does because he has wheels in his head. That might be a good piea in mitigation if there was not so much method in his madness. Of course Senator Stewart couldn’t resist the temptation offered by the tariff debate to inflict a free silver coinage specch upon the senate. A silver speech from Stewart ts a fixed appendage to the discussion of any and every subject that may come be- fore the senate, An eastern paper entitles a weighty ed- ftorial “Democrats and Diamond. Why the one should be coupled with the other it does not venture to explain. If, however, the democrats remained long in power none of us would be wearing diamonds after the lapse of a very short period. The workingmen at Lynn, Mass., are agi- tating a proposal for the estublishment of a co-operative shoe factory, in which they ex- pect to furnish employment to themselves. There is certainly an open field for co-opera- tive enterprises at this particular Juncture, ‘when capital is timid as to venturing in new undertaking; Citizen George Francis Train has hired a hall in Washington and will speak on the Coxey movement. He has invited seventeen senators to hear his speech. When the citizen spoke in Omaha in 1872, and again last year, he predicted a revolution, and fs entitled to the distinction of being the original Coxeyite, Hotheads In the Central Labor unfon will have gone a step too far when they decide to arm their members against the encroach- ments of the capitalistic foe. Thelr remedy 1= in the ballot Fortunately the men who Indulge in such wild talk the true representatives of the better element of organized labor in this community, box. are not The Bee is in rec Jeged poems whose upon the march of the 1pt of a number of al- them predicatad Coxeyites upon Wash- ington. One of spring-born efforts makes “Omaha ple” rhyme with “Hubbard's eye” very well, but in cther respects it would, If published, terrorize the lowa militia, and for that reason it has been consigned to the oblivion of the waste baske are these Tt is to be presumcd that the democrats among the representatives of those forty business houses at Council Bluffs who passed resolutions 8o laudatory cf Ge Jackson buried all partisanship in eager efforts to give creldit to so worthy a public official. It is clear that no political outburst vornor their, praise- motive a of uated this spontancous heartfelt gratitude. Rallroad beneficlaries omytted consur for dumping that whole in Councll Blufts of tho Union Pacific railway ly's upon preferring tho responsibility It served the Interests of their business botter to make a scapegoat of Omala rather than offend the general freight agent of a rail- road over which they ship merchandise, K swordless Ar to saddle Omiha, quiet city, upon Proceedings are laws of Illinols the various to be begun under the the charters of companies comprised in tho Chicago Gas. trust declared forfelted. The trust's trust In the righteousness of its cause will not prevent it from entrusting its defense the best lawyers it can obtain and fighting for existence to the last tribu- nal to which it can appeal in case it loses the sult in the first Instan — to have to Alderman Keller of Council Blufts protests with these words against Governor Jack- son’s conduct of the recent military flasco In connection with Kelly's army “We have been ignored by the governor right trom the start. We were not cven allowed to be In the room where the consultation was held on the first night of his visit. If this Il (for supplies) Is to be pald, let the governor pay it.”" KFor all of which the §0od citizens of Councll Bluffs ‘“‘commend the wise, vigorous and humane course of Governor Jackson," THE RIGITT Tho second clauso of the rosolution submit nator Allen to the senate with rof T GO TO_WASHINGTON, ted by § current reports that unarmed, ing and praccably dfsposed but un yed citizens of the United States assemble in Washington rnment for a redress of ads as “That have s wndoubted a right to hie of Washing all purposes as in any por- belonging to the Juris- States, at all times for any violation aro about to peaceably to petition the gove gricy persons their anees follows: such it and the eity ton for tion of the torritory diet of the United being amenable to the law thereof." Both press and pulpit that have been hurl- Ing the epithets “tramps,” “cranks,’” ‘‘vaga- bonds “criminals” upon the members of the industrinl armies that are making thelr way toward the federal capital seem to have forgotten that the mere lack of employment does not operate to deprive any citizen of the United States of his rights under the constitution. The rights of citizenship do not depend upon wealth or rty, idlencss or steady work at one's occupation. They purport to inherit in the citizen in whatever part of the coun- try he may happen to be. So long as he violates no laws he Is entitled to thelr pro- tection, and statutes intended to deprive him of any constitutional right are themselves illegal and without validity. The very first of the ten amendments to the federal constitution, amendments which were proposed and adopted in order to incorporate a bill of rights into the fundamental law of the land, provides that congress shall make “abridging the right of the people peaceably to assemble nd to petition the government for a redress of grievances,’ and almost every state constitution includes a similar clause with reference to the state legislature. No one will deny the right of citizens, whether employed or unemployed, to assemble for lawful purposes wherever they may be. Many have, however, intl- mated that this right stops with the first assemblage and that there is no right to move on Washington in order to present the petition in person. DBut the right of as- semblago would be but a shadow of a right i it did not cover the delivery of the peti- tion to the government to which it s di- rected. Any group of citizens certainly have a constitutional right to send one of thelr members to Washington to lay their com- plaints before congress, and if they can send one they can send two or three or go them- selves. But we are not compelled to rest the right of the citizen to go to Washington upon tho implication to be drawn from the right ot assemblage guaranteed by the first amend- ment to the federal constitution. That right has been expressly affirmed by the supreme court of the United States on more than one oceasion. In the famous Slaughterhouse case reported in 16 Wallace, referring to the pro- hibition contained in the fourteenth amend- ment against any state making or enforcing any law which abridges the privileges or immunities of citizens of the United States, Justice Miller, speaking for the court, sald: “Lest it should be said that no such privi- leges and immunities are to be found it those we have been considering are excluded, we venture to suggest some which owe thelr ex- istence to the federal government, its na- tional character, its constitntion or its laws. One of these Is well described in the case of Crandall against Nevada (5 Wallace, 36). It is said to be the right of the citizen of this great country, protected by implied guaran- tees of its constitution, ‘to come to the seat of government to assert any claim he may have upon that government, to transast any business he may have with it, to seek its protection, to share its offices, to engage in administering its functions.” ” And the three justices who dissented from the decision of the court in this famous case did so not be- cause they denied the rights of citizenship enumerated by Justice Miller but because his enumcration did not extend far enough. No one, of course, is in this country priv- ileged to do violence to person or property or to disobey the laws that have been en- acted to preserve peace and good order. But every citizen has a constitutional right to wend his way peaccably toward the seat of government. He may go to Washington by rail, by wagon, or afoot, as he may prefer. He may go to Washington alone or in com- pany with other peaceable citizens. Depre- cate the fact of the existence of the indus- trial armies as we may, ridicule the pur- poses of thelr march, deny the possibility of their accomplishing any good, their right to g0 to Washington under guarantee of the constitution is undoubted and they are en- titled to the protection of the laws while ex- ercising that right in peace. PREPARING FOR THE GONTEST. Notes of prej for the test of next November, is to determine the political complexion of the mext house of entatives and possibly of the senate also, are beginning to be heard, The repub- lican congressional is getting ready to enter upon the work that devolves on it, and as shown in the recent interview its chairman, Representa- tive Babcock of Wis: the committeo 1s fully alive to the character of the task it has before it. While the republican vic- tories throughout the north within the last year have tended to raise republican confl- dence to the highest point, it is said that the leaders of the party do not conceal from themselves the fact that in order to regain control of congress vigorous and per- sistent work will have to be done, In the present house the republicans have 128 members—121 from the north and s from the sout The house consists of ] members, a majority being 179, '@ & majority of the next house the re- publicans must therefore win fifty-one seats ldition to those they hold, and these must be won in the north, as there is any and n and varions upon no law ion which €0 repre campaign committee with onsin, ve In order to in now no certalnty that any gain can be made in the republican representation from the south, There ninety-six congressional districts in the north represented by demo- crats in the present house, so that the re- publicans will capture than halt of these, assuming that the democrats will hold their south, control of the next house of repres are have to more to obtain tatives It is quite possible, of course, that the re- publicans will make gains In the south, but it is safe to count upon any, and the fight must be made to recover the districts in the north that were lost in 1890 and 1892, There is certainly reason to belleve that this can be done and somothing more. If the popular feeling that now prevails shall con- tinue until November, and the probability is that 1t will be intensified in the weantime, the republicans ought to regaln not only what they lost in the last two congressional elections, but capture districts where the democrats have hitherto been invincible, One obstacls that Is to bo taken into ac- count is the democratic gerrymanders in several of the uorthern states, but this may not prove so formidable as it seems. In the present house the states composing the s0lid south have 121 demacratio representa- tives. If they retaln this representation in own in the not THE OMAHA | the next house they must elect Atty-olght | ! the nothern states fn order to | considerably number the north, that under mbers In secure & majority than halt the democratic representatives from It would scem pretty safe to say extsting conditions they will not be able to do this The democrats evidently do not Intend to | allow the to go by default. The leaders show a determination to make the best fight they The democratic congressional campaign committee s a strong organization and is sald to be backed by almost unlimited means for campalgn purposes. It Is also getting ready for the work It has to do. Tho National Assocla- tion of Democratic Clubs, to which Mr. Cleveland a few days ago sent a letter of ad- encouragement and a money contribution, is also preparing to take an active part in the campaign. It Is safd that the democrats in congress are more anxious now the possibilities of the elections next November than they are about legls- lation, and are directing all thelr encrgles toward an early adjournment. They want to get back to their constituents and ex- plain to them the democratic policy re- garding the tarift and the finances, which they assume the people they represent do not understand. A great many of these representatives will be astonished to find that thelr constituents have a most intelli- gent comprehension of that policy. The situation 1s undoubtediy very greatly dn favor of the republicans securing control of the next house of representatives by a large majority, possibly almost reversing the position of parties, but there are two conditions necessary to achieve this. Ono Is the selection as candidates of men of first rate ability and character, and the other is to make the fight for their election aggressive and persistent. AS, SORS SHOULD DO THEIR DUTY Whenever anybody urges the assessors to discharge their sworn duty without fear or favor the men who have had the benefit of a pull by which they have evaded their just proportion of taxes raise their hands in hor- ror over the danger that the levy for city and county taxes will swamp everybody. “Walt till the levy Is limited to 1 per cent on actual values, Wait awhile longer and things will adjust themselves.” We have been walting for years and years, but the same crowd always sings the same old tune, “Just walt a little longer.” And the same crowd fnvarlably blocks every effort to get the charter amended so as to provide for a city or county assessor and limit the levy Wwith a view to compelling the raising of the assessment, It the assessors do not do their duty this year the same jugglery and trickery will be resorted to when the legislature meets next winter to prevent a change in the charter that would limit the levy. The only way In which the change can be eftected is after the assessors have done their duty and brought the assessment up somewhere near actual value. Just as soon as the assess- ments have been raised the men with a pull get together to induce the legislature to limit the levy to the lowest possible notch. They will not be able to help themselves In any other way. As a matter of fact the big- gest kick against raising the nssessments comes from parties whose fortunes are chiefly in personal property; the men who own bonds, mortgages and chattels and have money in bank. So long as the real estate assessments continue at extremely low valu- ations they manage to get oft with listing a very small part of thelr holdings and having them returned at ridiculously low figures on the plea that you caunot rightfully list them except at a mere nominal figure, Tho result is that the men who own real estate, and particularly the middle class of home owners, have to carry the bulk of the burden of local taxation. A mere glance at the assessment roll in this city must con- vince any rational man that the personal property listed is out of all proportion with the real property returned by the assessors. In fuct there are millions of personal prop- erty in this city owned by capitalists and corporations that does not contribute a penny into the city or county treasury. Every- body admits that this is all wrong, but the beneficiaries of this inequitable system will still keep on protesting against any change. Have patience. Just wait a little longer. Don’t! Don’t! Don't! or everything will go to smash.” It strikes us that we have been waiting too long already. It the assessors had done thelr duty years and years ago we should have had the levies cut down and taxation made more uniform and cquitable. Let the as- sessors do their duty now and leave to the commissioners and the councll the responsi- bility of adjusting the levy within the limit of the estimated needs of the county and city during the coming year. There is no very serious danger of a 6 per cent tax after this year if the assessment 18 increased ma- terially. In any event the legislature will be in session next winter and the limii will doubtless be fixed S0 as to enable us to raise no more by local taxation than we shall aotually need. By all means let the assessors do thelr duty, let consequences be what they may. m or more | present contest vory can, viee and hout wa TRYING TO GET TOGETHER, There appears to be substantial ground for the statement that the democrats of the senate are trying to effect a compromise on the tarift bill, the extremists m ing con- the in order to unite the party In support of the measure. In the course of the debate in the senate on Wednesday upon the question of fixing a date when the bill shonld go into effect Senator Aldrich made the point that no one knew the form In which the bill would be presented finally for the vote of the senate, for it was reported that negotiations were in progress on the democratic side for the purpose of catehing votes for the passage of the bill. Senator Vest denied the state- ment, saying that so far as he knew it was absolutely incorrect. Mr. Aldrich adhered o the statement, saying that he knew changes are belng made in the bill from day to day to secure votes on the democratic side of the chamber. The announcement of an effort at compromise was made on the authority of Senator Brice of Ohio and verification of 't appears in a published letter of the senator to the democratic leader in tho lower branch of the Ohio legislature, written a week ago. In this Mr. Brice clearly implies that he has been active in endeavoring to bring about an arrangement by which the full democratic vote in the senato could be secured for the bill. The particular senators to be placated are Hill and Murphy of New York and Smith of New Jersey, all of Whom want a number of changes in the tariff bill and are strongly opposed to the income tax proposition. According to trustworthy reports the senators of the dominant party are seriously concerned over the prevailing discontent throughout tho country among the working classes, and surely it Is time they were. 1t they have really come to a realization of ms to conservatives, the full siguificance of the situation, which DAILY BEE FRIDAY, APRIL 27, 1894, 18 doubtful, Instendeat anxisty to pass the | pending bill as soon as possible they would | elther drop it or recommit It with Instru tions that It bo revised throughout to ac- with the evidont demand of a large ority of the people. The passage of the pending bill would not remove the prevail Ing discontent among the working classes nor materially relieve the business depres- a8 the supporters of that profess to believe it would: It contains no promise of restoring pfosperity to a single American industry }\n o 1t would certainly do great injury t6_mdny. In its form its effect would,be not to foster home industries, but to destroy them. That being the case, how could depression be relleved and the discontent of fabor removed by the passage of the bill? The Industries of the country, it is assured, would speedily adjust themselves to the new conditions, Doubt- less some of them would, but not all, and such as did would be able to do so only by turther the thuy aggravating and intensitying the discontent of tho working classes, As wAs sald by Senator Lodge In his very able speech against the pending bill, “the reductions ot wages thus far made are trifiing to what wili come it this bill becomes law and men seek to adjust themselves to the new con- ditions,” and this must be apparent to everybody whose mind is open to convie- tion It s lmpossible to say with any dogree of certainty what will be the result of the effort making by the senatw democrats to “got togethe Senators Hill and Smith have declared against an income tax In the unqualified terms and It fs not casy to see how they could justify themselves in voting for the tariff bill with that tax in- cluded, whatever concessions In the customs schedules might be made to them Stll it i possible that they may be induced to vote for the bill by satisfying their de- mands other than for the elimination of the income tax. In any event, however, ft is highly improbable that the dominant party can pass the bill by the date at which its supporters desire it to go into effect, The republicans seem more determined now than ever to prolong debate, and, as at present indicated, will refuse to enter into any agreement to fix a date for reaching a final vote. They propose to thoroughly dis- cuss every paragraph of the bill, till all its provisions are laid bare, as Senator Hale declared, and no man in the country, what- ever may be his party or his employment, will be left without a full knowledge of all its defects and enormities. If that purpose is adhered to it will be impossible for the senato to pass the bill before June 30, though every democrat should be committed to its support. cord sion, moasire present reducing wages of labor, most When Kelly’s contingent landed in Towa the railroads centering fn Council Bluffs spirited away ail their empty cars and switch engines, abandoned their trains, both freight and passenger, and bottled up the traflic of Council Bluffs for nearly a week. This caused a great deal of confusion, an- noyance and actual loss to the shippers of that city, for which there was in fact no excuse. When Kelly ‘quietly marched away the railroad officials~acrbss the river had to invent some sort of justification for their treatment of Council Bluffs shippers. They could not throw the blame upon the Union Pacific, because it !s' a powerful feeder. They could not force the responsibility upon Governor Jackson, because he had acted upon their ddvice. They could not make a scapegoat of Kelly, because he had decamped. It finally transpired that Omaha was the arch offender, and as such must suffer the consequences. Frank G. Carpenter, who is now penetrat- ing the heart of China as the representative of a few leading American newspapers, contributes a letter to The Sunday Ber of great interest to all classes of readers. Dur- ing his visit to Shanghai he gathered mu information in fields hitherto unexploited. His story of a visit to the office of a Chinese newspaper will attract the attention of American newspaper men generally. He pictures high life in the great Asiatic me- tropolis in a manner that will cause many to revise their ideas of how the human family exists and moves in the Celestial kingdom. The manners and customs of the Chinese are treated of entertainingly. Our readers cannot fail to appreciate this valued feature of The Sunday Bee. Notice has been served upon the city of Omaha, the state of Nebraska and the United States of America that no more Kelly armies will be permitted to invade Council Bluffs from the Nebraska side under penalty of being hamstrung and quartered. Dur- ing the Franco-Austrian war of 1866 the late John Gilpin, territorial governor of Colo- rado, sent a cable mesage to Emperor Louis Napoleon warning him that no interference with Bohemia should be allowed by Colorado. What the emperor said on that historically memorable occasion has not transpired. It 1s suspected, however, that he made just such an exclamation as Cambronne is credited with when Napoleon’s guard was asked to surrender at Waterloo. A Conceded Condition, Indlanapolis Journal The workingmen who are staying at home and holding down jobs are a thousand times numerous as those who are tramping to hington. - A Dig at David's Ribs. Glob at. When Clevelund speaks of “petly and tgnoble jealousies” In the democratic party, he means to say, of course, that David B. Hill Is a very provoking person. prR U The Popular De Cincinnati Commerclal, pedple demand a policy that will de- velop our natural respurces: that will glye employment to those who labor; that will rnish opportunities for their energy and enterprise. This explains their d rina- tion to relegate theidemocratic party to the eternal shades. The Re the Evil, Philadelpita ! Press Why not postpone action on the demo- cratic tarift bill unthl the beginning of the next session of congress in December? That would give the people of the whole country a chance to record Ayed and nay vote on it at the polls in Noves 3 object to that course except t afrald to trust the péople. obody could se Who are Cause and Effect. New York Recorder, Strikes, mobs, digorder and rioting are reported from all over the country. These things are lamentable, but unavoidable, They are all part pf the harvest of tariff reform of which the; workingmen, who are now gathering it in, bitterness, sowed the seed in joy on November 8, 1892 They will know bétter in 04 T gencration of do. Denver Republican. thing is certain, and that {8 that Colorado, through the possession of many promising gold mines, s in a better posi- tion than almost any other state in the union, The depression in the silver mining industry ' corresponds to the depression which ‘exists all over the east in nearly every line of business. There I8 nothing |- the east that corresponds In activity to gold mining in this state. Gold mining has been stimulated rather than depressed by the hostllity of the administration to silver. Gold ‘has apoyeciated, and thus It has be: come practicable to work many mines that a few years ago could not have been worked, owing o the cost of production in or One proportion to the value of the gold when extracted. ASSAILS LIBERTY'S BULWARK | Decision in the Oontempt Case a Nov Ity in Tyrannioal Procedure, INDIVIDUAL SUBVERSIVE OF RIGHTS Monstrous Ductrine Enunciated from the Bench Rebuked by the Press of the Country—Editors Express Thelr Contempt for the Judge. Schuyler Herald: Tt {s a question whether Judge Scott of Omaha is crazy or a case of small man trying to fill a large place. The public, as well as the bar of his district, are disgusted with his vagaries, He ought o be lockep up before he does serious harm. Scott’s autocratic persecution of The Bee and Rosewater fs his latest occentricity, Herald: Editor Rosewater of was sentenced by Judge Scott to §500 and thirty days in jafl for contempt of court. “Rosy” promptly took his mediciue and took dinner on prison fare yosterday. saying that Mosher's menu was good enough for him. If Scott is going to jail everybody that calls him a crank they will have to en- large the fail. Chicago Dispatch: The whole country fs Interested in the arrest and temporary im- prisonment yesterday of Dditor Rosewater of The Omaha Bee on a charge of contempt of court. The affalr s a high-handed out- rage in the name of the law, and carnot fail to exert a_ powerful iifluence upon the future status of free specch and the literty of the press. * ¢ * judge Scott is a dis- grace to the bench and shouil be retired to the obscurity he has earnod. Plattsmouth News: Judge Scott, Omaha jurist, tried Edward Rosewater contempt, and after a farcical exhibit fined him $500, with a thirty-day Jjail seutonce thrown in for good measure. ~ Fortunately for Omaha and the state generally, Judge Scott's court is not one of last resort, and an appeal will be taken to the suprems court at once. Four years is too long n term for the infliction” of such u man as Seott on a community. The constitution should be amended so that a ‘“rotten” ju diciary could be cleaned out in less time. Lincoln News: Judge Scott of Omaha has once more distinguished himseff by prosecut- ing, trying and sentencing Editor Rose- water to jail. If Judge Scott has any friends left in Omaha they ought to take him out into the pale mooniight and beat some fudg- ment and fairness into his head. Without entering into the merits of the case, it is patent to every one that Judge Scott is using his position as judge to revenge himseclf in an unmanly and unfair manner upon men who nave been his private cnemies. Mr. Rosewater was doubtless speaking by the card when he said that he lad been gullty of contempt it was contempt of his fellow citizens for helping the late Colonel Scott to become judge of this district court.” *hicago Herald: The day has gone by for punishing newspaper proprietors or anybody else for contempt of court In using language, verbally or in print, criticising, censuring or even libeling the judges. Contempt of court nowadays consists only In disturbance of proceedings in court while In session, In- terfering with the court’s processes, the juries or witnesses; conduct in the imme- diate presence of the court calculated to bring it into disrepute or In resistance of its authority and disobedience to its lawful rules and orders. It is not contempt of court to publish a vituperative newspaper article about the judge, even criticising his judiclal acts, nor to steal the judge's pocketbook, nor to assauit him on the street, unless the assault is an actual interference purposely with his discharge of his oficial dutics. A judge is not a consecrated person. If he Is the victim of a libel, or a larceny, or an assault and battery, the oftender must be arrested on complaint, tried and punished like any other criminal of the same degree com- mitting a similar offense against any other individual. The judge cannot take the law into his own hands and punish the libeler, thief or ruffian summarily for contempt of court. The statutes in mauy of the states accuratzly define “‘contempt,” and provide for its punishment. Judge Scott should be prosecuted for false imprisonment and should be impeached. So should all other judges who wantonly exer- cise usurped power, or ue the powers of their office unlawfuily, vindictively and op- pressively against individuals. Divinity does not hedge about a judge. His powers and duties are prescribed by law, and he mus keep within the law while excreising and per- forming them. Topeka Capital: There is in tho minds of American people a profound respeet for the judiciary. It is based upon its high legal and personal character, and the purity and justice of its decisions. This is true of all our courts up to the sapreme court of the United States. No force or power has done 50 much to maintain a high public sentiment regarding the integrity and learning cf the courts as the press of the country. The newspapers of every state, at least 65 per cent of them, are strongly and distinctively the advocates of law and order, conserva- tors of the public peace and supporters of the judiciary. We believe that every fair- minded judge who has been long upon the bench will say that the judiclary has no more efficient co-workers than the pub- lic press, and thay the action of the courts is only criticised 1pon very rare occasions. These criticisms have been indulged in so seldom, In fact, that some Judges have heen led to the erroncous conclusion that their acts are different from those of other public servants and not amenable to examination and discussion. We are aware that some judges hold that a newspaper that undertakes to discuss a case in court before, during, or after trial is a proper subject for commitment for contempt. That, how- ever, is a ponit that has never been settled, and but few newspapers are half as anxious to try cases as the lawyers are to have them tried in the papers, and but few news- papers have the bad taste to attempt to prejudice public sentiment during a trial As to criticism upon the general conduct of A court or a judge, there can be no doubt it it is done in the interest of justice and fairness that judges have no speclal rights in law protecting them from such observa- tions of the public press other than govern- ors and presidents have. Dubuque Telegraph: _ Judge C. R. of Omaha sentenced Editor Rosewater The Bee of that city to imprisonment jail for thirty days and pay a fine of $500 for alleged contempt of court. The ‘“con- tempt” consisted in the publication in The Bee of a local article in which it was Inti- mated that Judge Scott discriminated in vor of influentlal persons charged with crime and against the friendless an uninflu- entlal, For writing this the reporter was committed for contempt; but, not satisfled, Judge Scott. ordered the arrest of tho editor, who knew nothing of the article until it had appeared In print, and also committed him. Mr. Rosewater 'was taken to Jail and locked up, but he did mot long remain in durance vile, for six hours later he was released on a supersedeas issued by the supreme court of the state. Inas much as Mr. Rosewater was not aware that the |reporter had writton the offensive article, and he had no knowledge of it what- ever until after its publication, it is, of course, fmpossible that he could have' in- tended an affront to the dignity of the court. In the cireumstances, he was no more guilty of contempt, legally or morally, than the benighted denizen of mid-Africa, and his committal to jail was, fherefore, a ibigh-handed, arbitrary judicfal outrage The moral right of any judge to assume an offcnso against himself, and, when the alleged offender has been brought before him, to act as mccuser, witness, prosecutor and. jury, and to pass condemnation, Is ex- coedingly doubtful; and, In view of the declaration of the federal constitution that no person shall be deprived of life, liberty or property without due process of luw, his legal right Is also doubtful. Equity suggests that, at least in cases in which the alloged contempt 18 by publication, an as- sumed affront to the dignit, of one judge should be tried by another judge and not by the accuser. But all this aside tence pronounced upon Mr. Rose wholly unwarranted. There was cuse for it, and the deportment Scott leaves room for no other conelusion than that he was animated by a spirit of vindictiveness, and that he ubused the authority of his ofice to gratify personal malice, He has cartainly demonatrated his unfitness for (ks place he fills, .and Mr. Rosewater will render the cause of justice Fremont The Bee the for Scott of in no of Judge a service it he shall use his personal In of his Journal to and removal and the influence effect Scott's Impeachment Chleago Record: Thore fs a justifiable and an_unjustifiable way of eritl public oMclal, and even a judgo on the beneh 18 not so sacred a personage that a news paper Is dobarred from exprossing an ho opinfon as to the wisdom or honesty of his actg. It there is now a groater freedom on the part of the press in criticlsing a judge than there formerly was, ft {8 {n a great measure due to the conduct of the judges themselves, Whatever apparent sanctity used to be felt for the judges of courts, much of It has been sacrificed by the judges in the unseemly soramble too many of them g0 Into to secure their officos. When a can didate for a judgeship resorts to the same tactics to secure his nomination and clection that a villago constable employs to securo his position tho former must not feel hurt it tho public regards the two as about on a par personally. If a fudge once elected uses his position to securo a continuance in office, or to “‘make imself solld,” he must expoct the conterapt which the public may feol and the news- DPapers express ontempt of court and contempt for a man who happens to be a judge are by no means the same thing, and oftentimes a judge may do a thing that will bring the whole judiclary system of fhe state into greater obloquy than will all that any news paper could say of him Individually When a judge holds that any fair criticism of his acts is a contempt of court he has mounted a higher horse than he can ride. SALT LAKE, April (Special Telegram to The F nder the caption, *Rose- water vs. the Tribune publishes the following editorfal from the pen of Judge Goodwin: “It we mistake not, Mr. Rose- water of Omaha will give Judge Scott his day in court yet before he gots through with him. It is evident by the dispatches that Judge Scott s not a real good man to have on the bench. It is evident that he has a temper which, When aro stoals away what little reason may be naturally in his hend. We take it further that he Is a very small man. If he was a real manly man, he would ask Mr. Rosewater into court and make a_public apology to him from the bench. We are glad that Rosewater got in that last lick. It was beautiful when he told the judge to his teeth “If there is anything I am gullty of, if 1 have been guilty of any contempt at all, it is the contempt_of my fellow citizens for helping Colonel Scott to become judge of this dis- trict.” Rosewater is not bigger than a pieco of chalk, and his health has been most deli- cate for several months, but he Is as smart as a whip, and inherits the pertinacity of his race, and we predict that before Judge Scott gets through with him he will be call- ing on the rocks and the hills to be falling on him, for he will be stung worse than the gad flies stung fo, and it will cerve him right, too. No judge cver had to establish either his integrity or his fitness to serva on the bench by an arbitrary exercise of his power, and Scott's determination to send Mr. Rose- water to jail without glving him even a hear- ing shows that he Is a nonpareil judge on a long primer bench, and that the white- wash which he selected for himself only brings out more fully the stains on his char- acter.” fluence Ing n ur ntt e KELLY, COXEY & CO. Chicago Times: The advice of the com- missioners of the District of Columbla to Coxey and all other Commonwealers to stay away from Washington would be regarded with mora respect if it was less palpably inspired by self-interest. Stoux City Times: It was not enough for Omaha to shove the Kelly army over onto Council Dlufts, Omahba abused the people of Towa for the manner fn which they met the burden which Omaha shunted upon them, and then came across the river to make the matter worse. Chicogo Tribune: Whatever else Kelly may or may not accomplish he has suc- ceeded in raising a first-class row between Omaha and Council Bluffs. The anger of the latter at its treatment by Omaha is en- tirely natural. The latter has made a shameful exhibition of itself. St. Louis Republic: Congressmen who talk of driving the Commonwenlers out of Washington after they get there may find law for that course. Next March there will be law for driving a great many congress men out of Washington for not belonging to that larger army of true commonwealers who vote as*they think. Minneapolis Times: The spirit of bravado assumed by the industrial gentlemen is by coming tov pronounced. They throw them selves on the charity of the cities through which they pass; they expect to be fed and clothed and transported free because they belong to a so-called army. There is no army. There is no means of telling who belongs to it and who does not. New York Journal of Commerce: One rea- son for placing the natlonal capital in the forests on the bank of the Potomac instead of in Philadclphia, or New York, or one of the southern cities, and the sole reason for giving congress exclusive jurlsdiction over the capital city and its surroundings, was to protect it from just such mob demonstra- tions as Coxey and Frye are leading. Con- gress may se> fit to encourage this sort of thing now, but the people of Washington are certainly entitled to some protection. All power of protecting themselves has been taken from them by the people of the United States. They have no municipal or terri- torial government that they have any voice in creating or influencing. They have not even a delegate in congress, as Oklahoma has. Is it a decent thing for the rest of the country to unload its vagabonds on the people of Washington? GRANT'S FARKWELL, closing days, unable to use his voee his hoad & pad e employed to write mossages to those about In the Inter vals of writing upon Memoirs” ho would address upwards of a dozen notes ¢ day to Dr. Dov One of the most notabla of these communications, says a writer in lure's, was written the 24 of July, month in which he died. It shows € rant’s full knowledge of what b ng, and his regard for those about It Is {8 follows I ask you not to show this to any ono oxcept the physiclans you consult with, until the end. Particularly I want it kept from my family. If known to one man the papers will get ft, and they (the family) will get it. It would only distress them, almost beyond enduranse, to know ft, and by roflex action would distross me. 1 have not changed my mind materially since I wrote you before In the same strain. Now, however, 1 know that I gain strength some days, but when 1 do g0 back it s beyond whero I started to improve, 1 think the chances are very do cidedly In favor of your being able to keep me alive until the change of weather toward winter. Of course thero are contingencies that may arlse at any time that would carry me off suddenly. The most probable of these is choking. Under the circumstances life {y not worth living. Iam very thankful (“glad" was first written, but scratched out and “thankful" substituted) to have been spared this long, because It has cuabled me to practically complote the work in which I take so much interest. I cannot stir up strength enough to review it, and make additions and subtractions that would suggest themselves to me and are not likely to suggest themselves to any one else. Under the above circumstances 1 will be the hay plest, the most pain I can avold. If there is to be any extraordinary cure, such as some people beliove there is to be, it will develop itself. T would say, ther to you and your colleagues to make me as com- fortable as you can. If It Is within God's providence that 1 should go now, 1 am ready to obey his call without a murmur. I should prefer going now to enduring my prosent suffering for a single day without lope ot recovery. As I have stated, I am thankful for the providential extension of my time to enable me to continue my work. [ am fur- ther thankful, and in a much greater degrce thankful, because it has enabled me to sco for myself the happy harmony which so suddenly sprung up between fhose engaged but a few short years ago in deadly conflict, It has been an inestimable blessing to me to hear the kind expressions toward me in person from all parts of our country, from people of all nationalities, of all religions, and of no religion, from contederates and of national troops alike, of soldiers’ organi tlons, of mechanical, scientific, religious and other societies, embracing almost every citi- zen in the land. They have brought joy to my heart if they have not effected a cure. So to you and your colleagues I acknowledge my indebtedness for having brought mo through the valley of the shadow of death to enable me to witness these things U. 8. GRAN’ ‘Mount McGregor, N. Y., July 2, 188 i S THE JOLLY ARMY. During Grant the Genornl had when was he constantly at memorandum and & peneil. These him, on ne Wit hira fore, Toston Bulletin: A relic of a lost race— the empty pocketbook. apolts Journal: “You will never get eercd the clarfonet, “in spite of heads, asked the bass 3 ybody beats you. When anybody tackles me I make him blow him- seie.” drum. Galveston News: A hint to the wise i8 sufficient, provided the wise are disposed t@—_ take it. Dansyille Breeze: The small boy with the seat_of his trousers torn 18 not a landlord, but he frequently raises the rent by stand- ing on his head. Tid Bits: A well known colonial judge, who Is an Irishman, recently told a witness who was somewhat verbose in his answers 1 his tongue and give his evidence Judg Mrs. Nextdoor—I have found out one thing about that rs. New me. Who- ¢ she i3, she has never moved in good society. Mr. Nextdoor—How do you know that?” Mrs. Nextdoor- She shakes hands as if she meant it. Somerville Journal: A debating soclety in a co-educational college out west got all Droken up over the dquestion: “If a gir) really likes a young man, s it possible for him to Kkiss he against her will?”’ The members “of the society stopped debating the question finally and went to trying It to seems too bad," Washington Star: “It authors and re- said Mr. Basywell, “that viewers do not get on together better.' “Yes," replied his wif he world seems to be ‘quite wrong. Judiging by what one reads, the crities should all be novelists and the novelists all eritics Indianapolis Journal: Mrs, Youngpop— Willie swallowed a $5 gold piece toduy, Mr. Younepop—That proves what I was saying to Watts this evening as we came home on the car. ald that the boy had good stuff in him. QUID NUNC. Life. 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