Omaha Daily Bee Newspaper, March 10, 1895, Page 16

THE OMAIIA DAILY BEE: SUNDAY. MARCIT 10, 189 LAW FOR YOUNG LAWYERS Food Furnished to the Young Students of Ooke and Blackstone, DUTY OF THE LAWYER FLAINLY DEF.NED Judge George W. Ambrose of This City De- livers a Masterly Address ¥ the Law Clags of the State Univer- ity at Lincoln, Last Tuesday evening Ambrose, one of the judges court of this judicial district Lincoln to address the law class of the State university. In speaking his subject, “Law and the La larg Tecture room of the crowded its capacity dies being in the audience troduced Judge Ambrose sald “There Is nothing new under the saith the wise man. These times law demonstrate what uniqueness, as well as wisdom, Solomon displayed when he ut tered: “Of book making there is no end.” His prophetic eye must at least by the vision of faith, it not in fact, have extended to our own day and generation. Law books lore. There is nothing new about the except the bleating of tne sheep, of the low- ing of the calf, as shown In their covers. Lawyers and courts have adopted the tems of the book makers. Lawyers pad their briefs in order to impress their clients with an Idea of thelr diligence, and courts tend their opinions beyond the points nec sary for decision, until cach individual opin fon becomes a treatise upon the subject, passed in review. In order to catch up, the labor of the law student has increased many fold in the last twenty-five years because of these facts. The burden is becoming greater, and will continue, 1 suppose, until some wise men will get together and de- vise a system of codification. But in all this book making and opinion writing there 18 nothing new. Do not expect, therefore that 1 shall depart from this well authenti cated course, and give to you anything new or brilliantly astonfshing. But the old straw threshed over tonight will have one merit not observable in our current legal litera ture. It will not attempt to exhaust subject of the whole law in one paper. day, as well yesterday, the law is the same as it has been in ail the pa There never has been,any change of the principles of right and wrong. The application of those principles have been and still are being enlarged, but in the concrete the law 18 the same. Justinian, in his codes, covered the same ground and embodicd the same rules as now exist in the statutes of our own state. Wider, deeper and broader lines of the law than existed in the day of the old Romans Is all the evidence of change. The law, as well as the light of the world, our clvilization, our arts and sclence poetry and song, came to us from the east; each has followed the course of the sun, and westward, not only empire, but this growth, has extended, until the liberal arts and sciences, law and civilization, have found a resting place among a people fully pre pared to give welcome to what of learning may have been vouchsafed to us by the fathers, and here today, In the heart of the old great American desert, has been founded an Institution of learning second to none, out of whose doors from year to year will go men nerved by the learning of the world, prepared to do battle for not only all that is good, but for all that is best. Lord John Fortescue, in preface to his re- port, 1758, says of the study of law: “As the division of law is into divine law and the law of nature, therefore it is the business of men and angels; angels may desire to look into one and the other, but they wili never be able to fathom the depths of either.” This expression of Lord John is unique, and he may in that early day have been advised that those who are supposed to guido us over “the dim, unsounded sea’ knew the law as we understand it. Yet I may safely presume that there are no angels in this class of embryo lawyers, and our inquiries will be solely directed to the sub- Ject as it is presented to our more mundane capacity. LAWS WHICH NEVER VARY. My subject I& as comprehensive as life it- self. The law is not only a rule of conduct, but the conduct of man is governed by differ- ent kinds of law. KBach kind is separate and distinct from the other, yet all are akin, allied one to the other for a common purpose, to govern and rule the race of man in their dealings not only as individual but as one nation with another nation. In the code of law International each nation becomes a citizen, and the rule of conduct prescribed for each is as binding as the rule of conduct prescribed for each of its citizens The law s a unit. The law of contracts torts and the like are but so many parts of the law universal prescribed by the supreme power. They are but orders of law, not each a separate law, and the sublimity of human reason consists in perfectly knowing by which of these orders of things they are to be determined. There is but one soul, and knowing, feeling and willing are but the parts. It is in the nature of “human laws to be subject to all the accidents which may hap- pen and to vary in proportion as the will of man changes. Says Montesquieu: ““The laws of religion never vary. Human laws point to some good; those of religion for the best. Good may have another object, because there are many kinds of good, but the best is but one. It cannot, therefore, change. Laws change because they are of no value or be- cause they depend only on the capricious and fickle humor of the community. The Jaw of religion is stable, fixed. It proceeds from its being believed; that of human law from its being feared. Laws are often be- leved in because of their distance from us Human laws recelve advantage from their novelty.” In speaking of the law the late David Dud- ley Fleld says: ‘“Above all others, this sci- ence, 80 vast, 5o comprehensive and varled in its details, necds to be served with all the ald which institutions, professors and li- braries can furnish.” The lawyer is one, Blackstone says, whose occupation consists in distinguishing right from wrong; In laboring to establish the one —right—and to prevent, punish and redress the other—wrong. This theory employs all the cardinal virtues of the heart; a provision which is universal, accommodating to each individual, yet comprehending tl.e whole com- munity. The domain of the lawyer Is as well de fined as that of the judge. The pathway of each has heen blazed by a long line of illus- trious examples. The one must advise, as- slst, convince; the other, adjudicate. ~The adjudication having taken place, the end has been reachied. The same duty is owing to the declsion as to the courf. Remember, that while the ermine is supposed to cover the person of the presiding officer, yet it s not far down (o the cuticle of the man. These principles are corrupted, and this virtue, as a public commodity, will no longer bsist when the people with whom you shall be assoclated become incapable of re membering the very power they have dele- gated, dlsregarding authority, and want to manage everything themselves, and frame the debates for the law-making power and execute and declde for the judge. You will find that from lawlessness comes the neces- sity for the maintenance of the law, and that this law 1s constantly unfolding and deyelop- fng, and that when its principles are ques tioned it means that destruction has obtained & foothold, gottem uboard the train, its hand upon the throttle, anarchy and soclalism are etruggling for the aseendancy. Wrong is struggling for the mastery over right. Your duty s plain. Oppose force agalnst force- the force of right principles of law, against the wrong. 1f you and €uch as you be true to your bigh calling the Issue cannot ba doubtful. No true principle of law, in fis higher sense, comes to a people like manna from heaven, but, like the man, has been born from the womb of time, through pain and trouble. It {s this fact that makes lib- erly of specch, thought and action, the right to worship God after the dictates of one's wn consclence, so preclous to mankind, %hu thought 1is thus expressed by writer: “Not mere custom, but sacrifice fory the strongest bond between a people Abelr principles of legal right; aud God Hon. George W, of the district was called to chose for The he yer."” to utmost m y la Upon being in Is sun,’ ga 8ys- 2% 8- | university building was THIS lles' Button Shoes, in shapes ore, Duffalo shoe stor prices’ for them were and $3; never before, nev since will you see such values and styles for........ o 100 One of th newest out for Tndies the whits sik stitehed Shoes: the Paffalo people had just received hundred palrs of button and a hundred pais of Tace, botiie tuily stiiched with ' wh 6k, to sell as thelr $1.00 ey’ &hoe; we turn them over for.. Cost’ you anywhere $1.50, except Wilcox & Draper; they I them for $2.00 at this thelr greatest shoe effort. .00 Don't we may galn one Tay or telephone., forget to look at what will offer for $I. You have had a bar- g [ mail 1 00 Y by pe TF are dozens and dozens dies' welt shoes and hun-~ s of (urn shoes that the shall ask Children’s and Misse P 30 high priced in Omaha in We got them all infants for a quarter that for; w and will sell them all, a for 25° Misses’ o8 for Tic; falo price was § Sh the ours 'Twas Ever So. “One iy to them from prices we sell them for They'd Laugh. maaufacturers at [LCOX (OTHERWISE KNOWN AS Buffalo Shoe Store BUFFALO, N. Y O Sle- Tuestoy, March 12th. Walk Slowly- In passing our store and take a look at that life-size Buffalo that formerly represented one of the leading shoe stores of Buffalo, N. Y. On exhibition after Monday in our east win- dow. There are others in this stock of Shoes—there are misses’ shoes made in Philadelphia in Buffalo for are 111z, smaller size! and children's s S8 8 We sh: Shoes 114 than sell the P9 o 1.50 WILCOX & DRAPER, P2 AU N\mA NS S BASSER =y Mooy & Deager Otherwise known as LT M Selling the Buffalo 5 77 The House of Bargains, Shoe New York. Store Shoes, of DBuffalo, 1 7 AT e T (The original of this Buffalo, lifs size, may be seen in our east window after Monday.) SN0 These People Were the Shoe in business in Buffalo, N. Y., for the short space of seven months. They went to the wall, Every pair was new shape. It was the cleanest failed stock cver known in the history of the shoe trade, Only seven months in busin S. Prices will talk louder than words this week. It’s a Feast of Leather. That just Ladies $1, $1.50 and $2. 1% the Buffalo pric vited, Douglas explains Shoes and Oxfords 0 are Will you come to this feast—you are in- 1515-1517 it—the t nd And men 1.00 1.50 One thing 2.30 toe bal, son's tra Buffalo, needle toe; we' <. elling the there if they real AR Men that Need Shoes n that don’t need shoes will be s a man's needle hought for this what's going on. L de o sell for $1 in i's the new shape il A0 2D Store's Shoes Tuesda & DRAPER THE HOUSE OF BARGAINS.) SALE BEGINS TUESDAY MORNING NOT MONDAY BUT TUESDAY. Hundreds of these Buffalo lace and congress shoes, all sizes, will be on our $1 tables; they are plain and they are tipped and in all sizes from the hundred welght man to the three hundred pounder can get a pair for... ‘ 1.00 The next finest for men will be $1.50; the Buffalo shoe store ROt $3 and $8.60 and $4; we 1.50 Supposing you take a look, anyhow? Our West Window will Men show the leading bargains and Boy hoes—look r in em over, the Men's Shoes will be sold $1.90 that can't be descr Yo u must see them to appre clate how cheap Shoes are ®old in Omaha compare: with Buffalo, N, Y...... e 1.90 1.98 All thelr tans in men's go at our tan closing price, $1.98, Men's and boys', regardless of what the; st.. Boys’ Lace Shoes. There bals that hundreds of the Buffalo for $250 and $2; we'll them out the first day an even one dollar bill,” si 3 v are boys' s0ld sell for 1.00 will put 2, in th the size the lary the youths' 11 to : same 10t, and-make from the smallest to st boy for 1.00 They had a Great Boys’ Trade— So have we—and it will be a boys' holl- day when they find what we have for them In stylish footwear, We started after all the boys' trade in Omakia, and this do We may to buy a bankrupt old, insuring the the very latest early, that gret 1t in a never have another opportunity ock only seven months style ar apes to be So_taki ntage of it U may have no reason to re- er days. l does not make a gift of what it needs to a nation, He wishes well; nor dezs He make the labor necessary to its acquisition easy, but difficult.” This nation is ruled by lawyers in all de- partments—judicial, legislative and execu- tive, Men educated in the law dominate. Three times has America been upon the verge of utter ruin and desolation. The throes of the civil war was not the greatest of them. We *hen met the issue of whether this nation should be one and indivisible by sacrifice, which the Almighty has placed upon all people as the price to b2 paid for unity, prosperity and happiness. This lssue was never doubtful. LAWYERS IN THE BREACH. The next of these times, although mot in the sequence of events, was the celebrated and eventful period of the election contest between Hayes and Tilden. A complexity of questions of law then arose such as never before met this peoplo face to face, and as 1 pray God may never occur again. I shall not stop to detail them. The student of the history of his country can readily recall the stirring events. The patience of the people was well nigh exhausted. The principles of constitu- tional government were strained, extra pro- cedure resorted to, such as was never In the minds of the framers of our constitution, Ex- citement was high, but out of the brains and hearts of the lawyers of congress was created an_extra judicial tribunal which solved the problem, which could have been solved in no other way, except by civil conflict. While it was thus solved, the olution was consid- eied unsatisfactory 'to one-half or more of the peoplo of the United States, yet it was ac- quiesced in. Yet the third, to me the most important of the dangers through which this country has passed, is a period intervening between the two already mentioned. The fall of 1864 found the country in a turmoil of contention of whether the war then going on was & failure or not. The army in the field, on the side of the north, had met with repeated failures, The adherents of the south- ern cause did not all reside, or were bearing arms, south of Mason and Dixon's line, They were'in the north, in every hamlet and so- clety, where dwelt the people who were mak- ing” the sacrifice of blood and treasure to preserve the nation. The second election of Mr. Lincoln came on and was so decisively decided against the malcontents, in accord- ance with the usages and forms of the law, that the outbreak at home in the north was strangled almost before it had its birth, This period to me was the most dangerously in- imical of the three lealing, dangerous events to which I have referrel. Yet, when the news was flashed around the world that Lin- coln was re-elected, all quiet on election day, those who looked for the dismemberment of these states in consequence of this election viere dumfounded, and the most skeptical of believers in the unity of this nation were led to forever after hold their peace. What was it that saved this nation at the culmination of these trying evnts? It was obedience to law. The sacrifice of individual judgment. The voica of the people had been heard, not only in the clash of arms, in the electoral com- mission, but by the freeman’s counted ballot, and the cry of discontent and threatened up- rising was stilled, Law was triumphant, its ministers clothed about with robes ot righteousness, or _once might and right had commingled and asserted the supremacy of the law. To you will be delegated, when you shall have passed these portals, the duty of the main- tenance of that law. 1 have spoken of the diffieulty of acquiring what God has intended for man. To you and to your class, more than to any class of men, belongs the duty of mastering the difficulty. You must formulate, expound and enforce. When a man's legal rights have been invaded the question comes o him, shall I fight or give in? This {s a matter for himself primarily to decide. If he counts the costs, and therefore recedes, a principle has been violated because of the dollars there are in it. A man drops $1 into a well; he does not like to pay a com- mon laborer two to regain the one. Such a man comes to you; what will you advise? Will you go into addition and subtraction, or will you go out upon & higher plane of right and advise the avenging of the wrong com- mitted? Do you owe nothing to society, or will you let might trample upon right? These ques- tions will be of easy solution as the individual instances are placed before you. But I have 1o hesitation in saying that the lawyer who lets a principle of law be strengled, while the courts hold the balances a'd the execu- tion in equal polse, because of the smallness of the amount involved, and (he consequent small fee, 1s not worthy to euter the domain and don the vestments of the high priesthood of which I have spoken. It is equally in- cumbent upon the citizen, as such, to assert or defend a legal right, not only upon his own account, but in the interest of society as well. It was this epirit which led th Commons (o extort from King John at Run: other | neymeed the signing of the Magna Carta; it was this which led to the blessings of the reformation and the establishment of the principles of universal liberty as the right of mankind, in the signing of the Declaration of Independence; that is, the sinking of self that the right might prevail. Tais may be an ideal conception of the law, but as has been so aptly sald by another: “The law which, on the one hand, seems to relegate man exclusively to the low region of egotism and interest, lifts him, on the other hand, to an ideal height in whidh he forgets all policy, all calculations, in order to sacrifice himself purely and simply in the defense of an idea.” It you exercise this spirit law will become the poetry of character, instead of the prose of selfishness. MIGHT BECOME A VULTURE. Tnjustice never usurps the piace of the law unless the law allows it. You are the minis- ters of the law, and upon your shoulders rests the burden of the law's vindication. In what magnificent proportion, to what majestic heights does the lawyer grow and ascend, standing before a_court, and in his full man- hood say: I demand the law He s clothed about with the justness of his cause. He treads the path of life with consciousness that he appeals to a court clothed with the power and the ability to auswer his demand. But suppose he goes to the court with trick- ery, unfairness, undisposed to develop the tristh, and thus demands, not the law, but the reverse, and the court, with no ability or disposition, perhaps, to investigate, grants his prayer, to what depths of infamy does he not descend? He becomes a vulture, a blot, a scar upon the office of high priesthood with which he has been clothed, and sinks the man as well as the lawyer to realms of in- famy for which language has no descriptive force. You will, when admitted, not only be the agent of your clients, but you will be an offi- cer of the court. It will be your duty to have the cases decided rightly, and with this in view, present every argument which may legitimately bear upon the questions. You are not responsible for the errors of the court, unless they are induced by vou, either by acts of omlission or commission. You may often fail to obtain the correct ruling by failing in investigation yourself. You will be the court’s adyisers, and no court but will | welcome proper arguments and applicable | authorities. 1f you fail in this you committ as grievous a wrong as in the presentation of improper considerations or cases overruled. You will have no right to refuse your pro- fessional assistance because in your judg ment the case presented to you for advice is unjust; if €0, you usurp the functions of the judge and jury. While you have the right to refuse to be engaged you have no right to become en- gaged in civil cases which your client con- fesses to you are founded in fraud or public wrong. This discrimination must be justly and wisely exercised; but having once seen your way to accept a retainer, remember you are there until you are discharged by your client or withdraw with the approval of the court. In cases of crimes a different rul> applies, Every accused has a right to a fair trial, and, even if guilty to your knowledge, he | ought not to be punished unless upon legal | evidence properly pressnted. You should exert your learning and ability in his behalf at all times, however careful not to put per- sonality into the scale in the prisoner's be- nalf—that is, you should not assert your be- lief to the jury of his innocence when you know to the contrary. Lord Erskine, in vol ume 6, “Lives of the Chancellors, says “KFrom the moment the young advocate can bo permitted to say that he will or will noe stand between the crown and the subject arraigned in the court where he dally sits to practice, from that moment the liberties of England are at an end. If the advocate refuses to defend from what he may think of the chargs or of the defense he assumes the character of the judge; nay, he assumes | it before the hour of judgment; in proportion | to his rank and reputation puts the heavy | cause of perhaps a mistaken opinion into the | scale against an accused, in whose favor the | benevolent principle of English law makes | all presumptions, and which commands the | very judge to be his counsel.’ Having once accepted a retainer, counseled | or adyised with a client, obtained from him his | story, your mouths are closed. His secrets | become yours. You violate a sacred trust if | you privately disclose what you have thus lcarned, and you cannot be compelled by the courts to disclose those secrets unless with your client's consent. This Is the general rule. There are some notable exceptions, i e, fraud, wrongdoing, commission of crimes and the like. To engage in such af- fairs 15 not the business of counsellors. When you enter into such transactions you leave the office of an officer of the court and sustain to the transactions eimply that of the | honor | fined | them citizen, and public policy will not allow particeps criminis to shield his fellow in crime. There is one other exception which 1 will notice. NOT A WELLSTUNED CYMBAL. Lord Bacon said in his celebrated address on judicature: *‘Patience and gravity of hear- ing is an essential part of justice, and an overspeaking judge {8 not well-tuned cym- bal. There is due from the judge to the advocate some commendation and gracing when causes are well handled and fairly pleaded, especially toward the side which ob- taineth not, for that upholds in the client the reputation of his counsel and beats down in him the conceit of his cause. There is like- wise due to the public a special reprehension of advocates where there appeareth cunning counsel, gross neglect, slight information, in- discreet praising, or an overbold defense; and let not counsel at the bar chop with the Jjudge or wind himself into the handling of the cause anew after the judge hath declared his sentence, but, on the other side, let not the judge meet the cause half way nor give occasion to the party to say his counsel or proofs were not heard.” Judge Raney of Ohio had a pecullar apt- ness of expressing satisfaction relative to a proposition of law laid down by the courts or principle discussed by counsel, that was “I will stick a peg there.” In what I am about to say I want you to “stick a peg there.” Juries are often berated, and many advocate thelr entire abolition. Personally 1 used to be of that opinion, but since being upon the bench and having an opportunity to observe and note the contrariety of opinion upon the welght of evidence between the court and the Jury T hate changed. John F. Dillon, in his late book, “Law and Jurisprudence,” gives it as his judgment that a jury of twelve common men will arrive nearer to the exact fact to be decided than twelve judges. I en- tirely agree with him. The subject of jury trials is an interesting one. Mr. Sargeant Stephen, in that did old edition of Blackstone’s com- mentaries, says: “That when the Anglo-Saxon memorials are carefully scrutinized we find them to be such as even to justify doubt whether trial by jury (in any sense approaching to our use of that term) “did actually exist among us at any time before the Norman conquest.”” In {his statement the eminent gentleman is far ort of truth. The trial by jury was un- nown to our Anglo-Saxon ancestors. No trace whatever can be found of such an in- stitution fn Anglo-Saxon times. In the Chronotype, April, 1873, we find this: “In Woodward's ~ History of Wa from the Earliest Times accounts are given of several sovereign Welsh princes and kings of the name of Morgan, warlike, and who consti- tuted themselves formidable barriers against Anglo-Saxon domination and encroachm ' some of them living as far back as A. D. 400, One of these anclent kings, Morgan of Glamorgan, about A. D. 725, is credited with the invention and adoption’ of the trial by jury, which ke called-ithe ‘Apostolic Law;' for, said he, ‘As Christ and His twelve apos- tles are finally to judge the world, so human tribunals should be composed of a4 king and twelve wise men’ Aud this was a century and a half prior to the reign of Alfred the Great, to whom is generally accredited the of originating this form of trial, If this method of triali‘had existed in the Anglo-Saxon times it ds utterly inconceiv- able that distinct mention of it should not have occurred frequently in the body of Anglo-Saxon laws,” said Mr. Forsyth. The distinction between the province of the judge and that of the jury is clearly de and observed with jealous aceuracy. jury must in all cases determine the value of the facts erevidence which is sub- mitted (o them. Thy must decide what degree of credit is toibe given to the wit- nesses, and hold the sbalance between con- flicting probabilities. Fhe law throws upon the whole respemsibility of ascertain- ing facts in dispute, and the judge does not attempt to interfere 'with the exercise of their unfettered discretion in this respect But, on the. other hand, the judge has his peculiar duty in the conduct of the trial. He must determine whether the kind of evidence offered is such as ought or ought not to be submitted to the jury, and what liabilities it imposes. When any question of law arises he alone determines that, and their consid- eration is absolutely withdrawn from the Jury, who must in such case follow the direc- tion of the judge. If they perversely refuse 50 to do, their verdlct in civil cases can be set_aside. There is splen- The one thing, however, that more than all else needs correctiog in modern Jury trials. It is this: The trial judge is now a mere machine, allowed only to give the abstract principles of law as applicable to the given state of facts presented. 1f he were 1o collate the evidence as to any fact or state of facts, and apply the law of the case to them, the mppellate court would Wwrap bim over the knuckles and send the case back for a new trial. As the state of the statute law now is, this is all he can do. But that law ought to be remedied so as to allow the trial judge to state the con- trolling facts as they appear to his trained judicial mind, and then apply the law. The verdicts would be more satisfactory and the work of appellate courts would be lessened, Perhaps, young gentlemen, when you shall come upon the scene of action, the minds of our law makers will be less obstructed by political contentions and have time to be- stow some thought upon this and cognate subjects. THE THREE GREAT MINISTERS, In nearly all the questions which are affected by legislation it is not only neces- sary in order to arrive at a proper under- standing of the purpose of the legislator to examine the foundation of the rules sought to be established by the act in question, the mischief sought to be remedied, the legis- lative act of other states upon the same subject and the course of decision thereon, but first and paramount your duty is to go to your own constitution” and examine line by line and section by section. The more study, even of familiar provisions, the greater and newer light you will receive upon the questions affecting the constitutional require- ment to the proper passage of legislative enactments, Prior to th. adoption of the present fed- eral constitution the power of the states was supreme and unlimited. Prior to the revolu- tion Parliament had transcendant powers, and theso powers devolved on this people. Prior to the revolution the people of this country delegated a portion of thelr power to the United States, specifying precisely what they gave and withholding the rest. The powers not given to the government were bestowed on the state, with certain limitations and ex- coptions expressly set down in the state con- stitution. ~The federal constitution confers powers more particularly enumerated, while that of the state contains a general grant of all powers not excepted. The construction of the federal constitution Is strict against those who claim under it. The interpretation of tho state constitution is strict against those who stand upon the exceptions and liberal in favor of the government itself. The gen- eral government can do nothing but what fs authorized expressly or by clear implication. The state government may do whatever Is not prohibited. Thus will be seen the clear view and distinction to be taken between the state and federal constitutions, Upon this line of thought let me direct your attention to a careful perusal of the four opin- fons in People against Hurlbut, 24 Mich,, 44 You will find there a scrutiny of the struct- ure of our government and an examination of the principles which underly our free in- stitutions, which it woull be difficult to find 80 well expressed elsewhere, This subject Is so vast and time fs so short that I must leave it to another time and other hands to fully develop. You will expect to go out from these doors clothed with power of ministers of the law. Remember you are not only lawyers, but men. God, when about to make man, called around Him His three ministers, Truth, Justice and Mercy, and queried: “Shall T make man?” Justice answered: “Make him not; he will violate Thy laws' Truth answered: “He will violats Thy sanctuary,” but Mercy an- swered: “Make him, O God. I will stand between him and the temptations which sur round hi and 80 God made man, the child of Mercy, and said: “O man, go, and deal with thy brothers," Wil Be Much Older When He Gets Out, SAN FRANCISCO, March 9.—In the su- perior court today John Wilson, an 18-year- old eriminal, was sentenced to for years in the penitentiary on two charges of high- way robbery. John Smith, Wilson's accom plice, pleaded guilty and was sentenced to twenty years. Going out of court, Smith ed the judge and knocked down the po- m. They are mem- of a gang of four youthful highway- m Il‘\.\"!m came here from Chicago and Kan- sas City. Well Known Minister Drowned. JACKSONVILLE, Fla., March 9.—A spe. clal from Tavares, Fla., says that Rey Joseph B. Cottrell of Russellyille, Ky., was standing on a half sunken barge on the shore of Lake Dora, when he was drowned Dr, Cottrell was a prominent Me odist minister of the Kentucky conference and was well known throughout the southern slates. e Reduced the sentence for Hazing. CHAMPAIGN, 1ll., March 9.—The faculty of the University of Illinois today adopted a resolution reducing the sentence of sus- pension pronounced against nine students for hazing to the present term. - rocers Assigo CINCINNATI, March 9.~The wholesale grocery firm of Arand, Scheurmier & Hulker assigned today to A. Brubl, Assets and lisbllities each aver 590.000. Wholesale BY THE ISSUE OF BONDS Reorganization Will Not Involve an Assess- ment on Stack, VHISKY TRUST REORGANIZATION PLAN Ench Stocknolder to Subscribe | tion to His Holding of Ste dent and Directors Still in Control. Propor- k—Presi- Are ‘W YORK, March 9.—Following is the official plan of reorganization of the Distilling & Cattlefeeding company’s reorganization committee: To_the Stockholders of Cattlefeeding company: reo ation committee, 7, 1505, upon the request of the of 'more than a majority of the pital stock of the above named company, has prepared and deposited with the Man hattan Trust company a proposed plan of reorganization, providing in substance as follo 1. The organization or continuance of such corporation as may be necessary to acquire or hold the assets and property of the company. 2. The issue of the following securities: $LE00,000 first mortgage, 6 per cent, 20-year £0ld bonds (out of a total issue of §2,000,00); 0,000 5 per cent non-cumulative pre: stock; $28000,000 common stock. ch stockholder in the present’ com- pany becoming a party to the reorganization is required to subscribe for said bonds at the amount of $1 per share upon the par value of the present holdings, and de posit his stock on or before March 2, 1895 with_the Manhattan Trust comparn pay $1 per share to the trust company’ upon such deposit, and the remainder as called for, and shall receive said bonds so sub- scribed for, and 20 per cent on the par of present holdings of stock In the new pre- ferred stock and 8 per cent in common stock. The proceeds of the bond sale will be applied to retire the outstanding $1,010,- 000 of honds, and the rebate vouchers’and other claims as provided plan, $500,- 000 of the new bonds will d to be issued only in case of an emergency upon the unanimous vote of th ittee, or subsequently by a two-thirds vote of the new board. 4. Negotiable the Manhattan Trust company on deposit of stock and application to list the same I be made to the Stock exchunge. 'he subscription to the above issue bonds has been underwritten by syndica The reports of the experts employed by the receivers show an avallable surplus of current assets over current liabilities of more than $1,000,000. The effect of the present plan will' be to make that surplus entirely avaflable as working capital for th reorganized company, and to provide a suffi- clent reserve against future contingencies Although the court, upon the application of the committee, has removed Mr. Green- hut as receiver, and placed the assets and property of the company in safe hands, the president and directors still remaln in ‘con- trol of the organizatio; Under existing circumstances a judictal sale of the property of the company and a dissolution of the present corporation may take place at an early date, It Is impera- tive that stockholders should unite at once to protect their general interests and em- power thelr representatives to take immedi- ate action to that end In view of the necessity for action, the committee has fixed 185, as the limit for posits under the plan. Coples of the plan of reor form of assent can be had n the Manhattan Trust Wall and Nassau streel RICHARD 1, HAR WATERBURY, I JULES 8. BACHE, TON, Committee. the Distilling & formed ipts of a fmmedis March 2 the acceptance of de- nization and on_application company, corner ew York HORN, JOHN 1 M. LOCKWOOD, WILLIAM B, HU —— atnrors' Fital € w. Va., March “Slevin's Cabin," near the hontas county line, Ham C: well known character, has been shot and fnstantly killed by Charley Slevin, Blevin heard Collins quarreling with 80 ¢ one und thought it was his brother, Sam 8Slevin, Charley took his gun and hurried across the hollow to the scene of the trouk where he found Collins fight ing with Frank Maxwell. He mixed in the fight and shot Collins through the cart, putting another bullet through his brain as he was falling. Blevin has not be ar- ested and he is fortified with a party of friends In the mountainsg, where they defy the officers. A grudge existed between Col- lins and him. arrel. 9.—At Poca- ling, a s Liguor Kegulations 1a India INDIANAPOLIS, March 9.—The senate to- day passed the Nicholson temperance bill, which has already passed the house. No bill In the legislature for many years has attracted so much attention. When the bill ACCIDENTS of this sort by et RAMSAY’S F-CLOSING INKSTAND. LY IGHT STAND IN THR nada & Turope, EVAPORATION, ND CLE, For Sale Everywhere . . . 15 Filled with Ramsay’s Ink C Sample by mail (empty) same price BEISER, Manufacturers, Brooklyn, N. Y.—Agents Wanted, DOCTOR SEARLES & SEARLES, . Chironic, 2 Nervous, Private Diseases. ATMENT BY MAIL, Consuitation Free, ‘We cure Catarrh, all disenses of the | Noss, Throat, Chest, Stomach, Liver, Blood, Skin and Kidney Diseases, Fo- male Weaknesses, Lost Manhood, and 1 ALL PRIVATE DISEASES OF MEN. ARE VICTIMS TO INERVOUS Debility or Exhaustion, Wasting Weakness, In voluntary Losses, with Early Decay in youn s0d middie aged; lack of vim, vigor andwesken prematurely in aprroaching old age. All yel readily to cur new treatment for loas of Vil power. Casl or of address with stamp for oir culars, free book «nd receipts. Dr. Searles and Searlas, NEW FAGES AL AR0l L a Ry Blemishes, In 160 p. buok 10 st ohn B, Woodbury, 127 . 42 51, inventor of Woodbury's Fucial Boub. York st., WEAK ME me up this morning the senate was packed with persons from every par| of the state, many of whom have been here working for the bill's passa The bill pro- vides stringent regulations for enforcing th present liquor laws; prohibits the use of screens and curtalng and provides that an application for license Lo sell liguor may be | defeated by a petition of a mafority of the voters in any ward or township. S Torms with the *ugur Trust. PHILADELPHIA, March 9.1t was stated today on good authority that the independs ent sugar refineries have combined with the Sugar trust to n ain prices. Represens tatives of the independent refineries havi be in New York City for two days pas [ and have, It s sald, entered into an agrees ment to stand together and prevent any cut in the price of sugar he fact the sugar | market has been in better condition durlng the past two days scems to bear out the #tatement that there will be no furthep | clagh betwe the trust and the independeny operators chambey lon of G — Disastrous Expl PROVIDENCE, R. L, March 9.—A terrls ble explosion of gas occurred on College street, just below Brown university, this afternoon, resulting in the fatal injury of Thomas N. Nelson, an employe of the streef rallway, and seriously crippiing. the counies welght system used In connection with thy electric cars, which run over the hill. Thi vfitlonlun occurred In the tunnel under Ib’ ,. 3