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THE OMAHA DAILY BEE: FRIDAY, THE OMAHA DAILY BEF. I MISREPRESENTING THE PRESIDENT. E. ROSEWATER, r,vrmn. —— TERMS OF SUBSCRIPTION. y Bee (without S.nday), One Year. u y Bee and Sundag, One Year llustrated Bee, One Bunday Bee, Baturday Bee, One Yea Twentleth Century Far DELIVERED BY CARRIE Daily Bee (without Sun Daily Bee (without bunda; Daily Bee (includin Bunday Bee, per copy Evening Bee (without Sund Evening Bee (nciuding bunuay), week . Complaints of Irreluhlrlllel in_ delivery should be addressed to City' Cireulation Department. OFFICEB Omaha—The Bee Buliding Bouth Omana—City Hall “Bullding, Twen- ty-Afth and M Btreets. Council Blufts—0 Pearl Street. Chicago—1640 Unity Bullding. New York—Temple Court Washington—601_Fourteen CORRESPOND. ¥ 3k Communications relating to news a editorial matter shoula be addressed: ©Omaha Bee, Lditorlai Department. BUSINESS LETTERS. Business letters and remittances ghould be addressed: The Bee Pubiishing Com- pany, Omaha. REMITTANCES. Remjt by draft, express or postal order, yable to The Bee Pubiishing Company, Bly 2-cent stamps accepted in payment of Street. mail accounts. ' Fersonal Lh!cklle.lcfnpl‘.z‘ll Omaha or eastern exchanges, not ac THE BEE PUBLISHING COMPA BTATEMENT OF CIRCULATION. ate of Nebraska, Douglas County, Georps B Toshuck, sscrotary of The Bee Punu-fim. Company, being auly sworn, ®ays that the actual number of full an complete coples of The Dally, Morning, Evening and Sunday Bee printed during the manth of June, %02, w tollows. 29,410 20,460 GEO. B. TZSCHUCK. Bubscribed tn my presence and, sworn to before me this 0th day of June, A. D. (Seal.) B NG AT Notary S Bbile. —— Mandamuses seem to be the order of the day. m———— Flood and fire constitute a hard com- bination to beat. The people of Beatrice are certaiuly entitled to” sympathy. ‘Work under the new irrigation law has not yet begun—so these inundations cannot be charged up agalnst that meas- ure. EEEsepe—— The weather man still insists the rain gauge shows a deficiency of rainfall. The deficiency, however, 1s quite a suffi- clency. There appears to be a disposition in some quarters to misrepresent President Roosevelt and put him at variance with leading members of his party. There is an effort to distort what he has sald on the trust question, presumably for the purpose of creating dissension in the republican ranks. The latest mis- representation 1s that the president is to have a faction in congress, the leaders of which are to be the young men in both branches, for the purpose of fore- ing legiglation in accord with the presi- dent's recommendations. The fact that Representative Littlefleld of Maine has em——— General Kitchener wil have to dodge pretty lively if he wants to escape being forced to act the hero role when he gets back to England. | E———e— 7 ‘While Atlantic seaboard citles are sweltering under a tropical sun people of this section are taking it cool. Next week may find things reversed. Omaha's yellow journals are respect- fully Invited to digest Archbishop Ire- land’s scorching arralgnment of men- Bacious editors and sensational papers. Em——— Balt creek s harboring its flood a little early in the season. The time for defeated candidates to take a sail up that famous stream will not arrive until after election. —— Perhaps the postponement of the cor- onation may give King Edward an ex- cuse for holding another prize distribu- tion of titles of nobility, and multi- colored ribbons and medals. S—deee—— Buffalo Jones has been officially In- vested with the title and emoluments of ward of Yellowstone park. Buffalo Bill remains satisflied with the popular title of greatest of American showmen, S One of the judges of our district has startled the lawyers by setting cases for hearing as If no summer vacation were to be taken by elther bench or bar. It is needless to add that the offending Judge 1s the newcomer on the bench. e Mont Pelee has already made Its debut before the public In spectacular pyrotechnics, advertised to be a correct representation of the famous volcano in action. If you do not belleve it go down to Martinique and verify the statement of the fireworks man for your- self. s—— Just to be in fashion, the fusion con- ventions in the Sixth district indulged in a little deadlock of thelr own, last- ing until nearly 3 o'clock in the morn- ing. A fusion circus that does not keep up the performance until the spectators are put to sleep would not be the gen- uine article, Em— President Eliot of Harvard is the new president of the National Educational mssoclation as the successor of President Beardshear of the lowa State Agricul- tural college. The educational hub seems to have become a pendulum that oseil- lates from the Mississippl valley to the WNew England coast. e Sixth district democrats put up a beau- tiful blur standing out for a dem- ocrat for the congressional nomination, but capitulated just in time to make their populist allles belleve something was belng conceded fo them. As It is only the chance to be beaten, the wonder is there was any competition. S—— The latest rumor of an International real estate transaction credits Germany with offering to purchase an island in Chinese waters from Portugal for $5,000,000. A firm of international real estate brokers who succeed in getting options on all the logse islands lylng mbout might turn a few good comumls- slons while the demand is brisk. been invited by Mr. Roosevelt to frame a bill looking to the supervision and regulation of Industrial combinations is cited as proof positive of the intention to form a “Roosevelt party” Iin con- gress. The absurdity of such a statement must be obvious to the least discerning. As a matter of fact the president is in the heartlest accord with the very ele- ment which this new program proposes to eliminate. As the Washington cor- respondent of the Philadelphia Press says, the most earnest endeavor was made during the last session by the men who have been acknowledged the leaders of the republican party in both branches of congress for many years, to put into legislation the recommendations of the president. The only rebuff which his policy met with came from the ele- ment which is now represented as likely to form the “Roosevelt party” and one of the strongest men in that element was Mr. Littlefield, whom the president is reported to have asked to frame a measure dealing with the trusts to be introduced at the next session. This ought to make it clear that there is no idea, so far as the president is con- cerned, of forming an administration taction in congress. Moreover, such a course would not be in harmony with the character of Mr. Roosevelt, nor can anyone who thinks him possessed of ordinary political judg- ment belleve that he would adopt such a course. His desire, as thus far shown, is to be the leader of a united party and not of a factjon. He has main- tained his place ustine party leader and his hold upon the leaders of the differ- ent elements of the republicans in con- gress. He has maintained the most friendly relations with those who op- posed reciprocity with Cuba. He will not, it can be confidently asserted, per- sonally antagonize or seek to discredit with the party any republican who may oppose his position toward the trusts. No member of his party In congress has suffered at the hands of the presi- dent because of failure to support the recommendations and policies of the ad- ministration and undoubtedly none will suffer in the future for such failure. President Roosevelt will continue to urge, with courage and energy, the poli- cles he believes to be wise and right. He will make every proper and legiti- mate effort to induce all republicans in congress to support these policies. But he will not seek or countenance the creation of a faction and it is safe to say would be among the most vigorous in opposing any proposition or move of this kind. UBSTRUCTING JUSTICE. The conduct of the Canadian officlals in connection with the efforts of our government to extradite Greene and Gaynor, the contractors charged with embezzling more than $2,000,000 from the government, is shown by the report of the representative of the Department of Justice, to be a flagrant instance of the obstruction of justice. There is an extradition treaty with Canada which it 18 not questioned applies to the case of the fugitives from the United States, but as they are abundantly supplied with money and have retained attor- neys who are intimately assoclated with high officlals in the government, every concelvable device has been employed to defeat the efforts of the United States authorities to get possession of the al- leged criminals and it 8 by no means improbable that they will remain in Canada. It is announced that the matter will be brought to the attention of the Brit- ish government by the Department of State, but while it is entirely proper that a protest should be made, it is safe to predict that it will bavs no effect. The circumstance as presented in the report of Mr. Erwin, special as- sistant to the attorney general, s cer- tainly discreditable to the Canadian offi- cials connected with it and warrants the observation of Mr. Erwin that the extradition of criminals from Canada under our treaty does not apply to cases where the fugitives have committed financial crimes of magnitude. REPLY OF THE VATICAN, As was expected, the vatican declines to accept the proposition contained in the instructions to Governor Taft for the withdrawal of the Philippine friars within the time designated—half of them to be recalled during nine months from the first payment for lands and half eighteen months later. The declination is bn the ground that the proposed re- call would be contrary to the rights guaranteed by the treaty of Paris and would put the holy see in conflict with Spain, while it is further urged that if the United States cannot order the withdrawal of the friars, because of treaty obligations, the pope cannot do so. The vatican, however, suggests a com- | promise in the promise to gradually in- troduce into the Philippines clergy of other nationalities, especlally Americans, and also agrees that the friars shall not return to the parishes they left and where their presence could provoke trouble. What view will our govern- ment take of these propositions is now the interesting question. The instruc- tions to Taft dre very explicit as to the pecessity for the withdrawal of the triars. It says that “nothing will so calm the people and produce harmony between the church and the government s the certalnty given by contract that ‘tor bare subsistence. the friars shall leave at a fixed date, shall not return and shall not exercise any influence from Manila over the priests In the parishes.” If the vatican persists in the position taken in its re- ply, will our government undertake the expulsion of the objectionable friars? It seems to be a question whether it can expel them without disregarding the treaty of Parls and at all events It would have to do &0 by due process of law, under the recent legislation of con- gress, proceeding against the friars in- dividually, which would be an almost endless task. This Is one of the diffi- culties not foreseen when we took pos- session of the Philippines and it prom- ises to prove a decidedly perplexing one. Perhaps Spain may be called upon to ald in its solution, since the chief rea- son for the vatican's objection to the American proposition appears to be that acceptance would put the holy see in conflict with Spain. —— 1S PROSPERITY REAL OR FICTITIOUS Double-shotted Salvation Army edi torial exhortations are not likely to con- vince wage workers that present condi- tions are not vastly better than condi- tlons of six years ago, any more than they can convince Nebraska farmers that they are not as prosperous today as they were six years ago. Intelligent wage workers know that steady employ- ment with rising prices at moderate wages Is more satisfactory than en- forced idleness or only occasional work with low prices. 8ix years ago the exhorters who now clamor about high prices and increased cost of llving were howling calamity because prices were low and labor un- employed, even though anxious to work Concede it you please that the rise in wages has not kept pace with the rise in the cost of living, the fact remains that millions of men and women are now earning falr wages who six years ago were walking the streets of our large citles and in- dustrial centers wretchedly clothed and half-starved, dependent upon charity. Today the rank and file of American working people are well fed, well housed and well clothed. 1If their changed con- dition does not afford striking proof of prosperity, what other proof can we have? True, thousands of wage workers are just now out on strikes, but strikes for higher wages are simply an effort on the part of organized labor to better its condition, and, no matter how pros- perous, there is always something bet- ter for wage workers to strive for or some grievance to redress. The western farmer surely will not contend that present prosperity s a sham. The brisk*demand for his prod- ucts at high .prices in 200-cent dollars is all the evidence he needs that there is no delusion about the prosperity he is enjoying. The fact that the Steel trust 1s making 20 per cent on its capital and other trusts are growing rich by con- verting raw materials into finished prod- uets and by extending their trade into forelgn countries does not disprove the reality of prosperity. ‘The trusts may be getting more than their just share of prosperity, but if there were no prosperity there would be no share for anyone. It would be just as easy to convince intelligent people that the sun no longer exists because clouds obscure the sky as to convince them that there I8 no prosperity because Rockefeller and Morgan have becowe billionaires. The case brought before the supreme court to compel the State Board of Equalization to assess the franchises as well as the tangible property of the railroad “corporations is, so far as the taxpayers of Nebraska are concerned, the most important case that has ever been brought before a judicial tribunal. It involves the taxation of fully $200,- 000,000 worth of property and reaches down to the bedrock of tax reform. The fact that the supreme court called a speclal session for the express purpose of hearing this case and the fact that the court itself heard the testimony would warrant the presumption of its magnitude and importance, but the local newspapers exhibit their true pigmy caliber by ignoring this important trial for no other reason than because the first steps toward bringing about a final settlement of the great issues involved were taken by the editor of The Bee. M. F. Harrington and John D. Howe, nelther of whom have anything in com- mou politically with the editor of The Bee, participated actively in the “trial and argument on behalf of the tax- payers, are also placed under the ban and ignored by the Omaha smallbores, while the Lincoln papers give extended publicity to the proceedings. What a commentary on pin-head journalism. ‘When an architect is engaged to make plans for a bullding, whether the struc- ture is public or private, the charges of the architect include the plans and specifications, and sometimes they also inelude the supervision of construction. In other words, when the architect Is pald for making the plans and speci- fications the plans become the property of the man who paid for them. The plans of the public school bulldings of Omaha belong to the school dlstrict. They are presumed to be In the cus- tody and keeping of the school district officers and are at the disposal of the school board not only for the purpose originally desigued, but for a reproduc- tion as well. They are just as much at its disposal as are the wood cuts or electrotype plates of the bullding, which it can reproduce as often as it seey fit without permission of the artist, en- graver or electrotyper. If the Board of Education desires to reproduce any of the public school buildings of Omaha 1t certainly ought to have a right to do 8o without the permission of the archi- tects who planned the original building and without paying them a second time for glans that have once been pald for out of the school fund. Not a word yet from the World-Herald calling in double-leaded double-cul- umnped shricks upon ex-Treasurer Me- serve to pay into the state school fund the money absorbed by that great fusion reformer collected as interest on public funds. Why should not that reform organ direct some effort toward recovering this money for the school children of Nebraska, to whom it right- fully belongs? President Schurman of Cornell univer- sity, who served on the first Philippine commission, assures us that the Fili- pinos may be expected to rival the Japanese in educational and scientific at- talnments, as well as in Industrial life, as soon as they have the advantage of educational facilities. Thig is certainly an encouraging prospect, which should stimulate us to the work of providing the necessary educational facilities at the earliest possible time. President Schurman, however, does not venture an opinion on how long it will require, or what percentage of the Filipino pop- ulation come up to his estimate. It will take considerable experimental work to ascertain the adaptability and JULY ROUND ABOUT NEW YORK. l versatility of the Filipinos and it is gratifying to know that these prelim- inaries are already in progress. Er—— Careful reading of the principal dem- ocratic organs supposed to volce the sentiments of democrats In the most important states forces the inevitable conclusion that they are all consumed with a burning desire for harmony. But one set insists on & new label to the bottle, while the other is determined that the Bryan tag affixed at Kansas City shall be kept intact. Room for Improvement at Home. Baltimore American. The Filipinos may not make good Ameri- cans all at once. We have some few citi- zens to the manor born who are not models. Side-Stepping Liberty. Philadelphia Press. Aguinaldo is free, but he is in a great deal of doubt concerning the safety that Iiberty brings with it. Let him go to Mas- | sachuetts, where he would be beyond the reach of his worst enemies and where he would find many friends. Never Hear a Sound. Boston Transcript. We are told that the Omaha packers pro- fess ignorance of any attempt to effect a combination of the packing interests. Nat- urally. The partles engaged In a commer- clal transaction are like the family on the verge of a scandal. They are the last to hear about it. Whe Will Care for Agsie Now? Philadelphia Record. The news from Manila that Aguinaldo, set free by amnesty, fears to go about among his compatriots without assurance of safe conduct on the part of his captors will not be favorably interpreted by his defenders in this country. What should he have to fear at the hands of a people whom he sought to make free and independent? The Promoters’ Rake-Off. Springfield Republican. The underwriters of the joint bond lssue to take up the stock of the Chicago, Bur- lington & Quincy raflroad clear a profit of about $2,000,000. This is emall compared with the enormous Waulanade by the under- writers of the Steel-trust, but it amounts | to 12 per cent on the cash actually advanced for the undertaking: The great fortunes built up in this period of prosperity are largely the butgrowth of trust and com- bination promoting and underwriting. Expensive Amusement, Philadelphia North American. Revolutionary warfare s an expensive form of amusement. Five years ago the United States spent a million in building and placing pneumatic guns designed to throw tons of dynamite and blow the navies ot the world out of water. Warfare, of course, was ‘‘revolutionized” beyond rec- ognition by the ingenious inventor of the earthquake gun, and our harbor fortifica- tions were made impregnable. The ma: velous engines >f destruction mnever have had a chance to show what they can do, but they have just been condemned useless and sold for less than their value as scrap iron to make room for the next experiment. Modern Weather Prophets. & New York Pres: When we have a season of storm, earth- quake, volcano, tidal waves and all varie- ties of unnatural conditions, as we style them, you will see the multitude of astrol gists come out of their holes and whistle joudly, “Ah, I told you s It 48 even so today. The land is festering with these so- dvertising thelr “ful- " catch the unwary, the credulous dabbler in the mysterious. But there is one basic fault with modern day astrology: The heavens have changed since the rules of the art were formulated. Vol- taire points out that the sun, which at the equinox was in the Ram In the time of the Argonauts, was, jn 1750, in the Bull, and that the astrologers of his day attributed to one house of the sun that which visibly belonged to another. " THE PUBLISHING INDUSTRY, Chicago Record-Herald. Of the mass of {ndustrial data that was collected by the twelfth census and which is being tabulated for publication nothing will exceed in popular interest the figures showing the astonishing growth of the pub- lishing industry. The public is not greatly interested in the output of steel billets or woolens in & given year, It does not concern itself about the tons of cornstarch that were ground out in 1900. These figures mean little to the popu- lar mind. But when we reach the publish- ing industry we are considering the mightiest agency for the dissemination of popular intélligence. The capital invested in this business and its yearly output may | and Fulton street. be regarded in a way as barometers of the popular appetite for reading. The statistics for the census year 1900 show that 22,312 establishments reported for this industry, representing a total invest- ment of $292,517,072. The sum, however, represents only the live capital utilized and the value of the land, buildings, tools, ma- chinery and implements. The value of the products of the industry for ome year s given as $347,056,060, which is an increase of 24 per cent in a decade. To produce this involved an outlay of.$36,090,719 for salaries $55,897,5620 for miscel $86,866,290 for materials used. Over 1,250, 000,000 pounds of paper were used during 1900, of which almost 78 per cent was con- sumed for newspapers. The total circula- tion per issue of dailles was enough to sup- ply one paper for every five inhabitants. The most interesting disclosures made by the census report, and one that is invested with great significance to the readers of newspapers, is the fact that of all news- paper and periodical establishments over 63 per cent were owned by individuals, 20 per cent by partnerships and orly 17 per cent by corporations. 11, 1902 Ripples on the Cu Metrop Few men fall six storles and live to tell who their experience. are not hurt at all perience ot Mioh; Fewer are found Yet such was the ex- Manion, a bellman em- ployed on the construction work of one of the mew skyscrapers. Manion fell down an elevator shaft. His companions ran to plck him up, expecting to find him terribly injured, but he was scarcely hurt at all. Manion slowly sat up and rubbed his head, which was bleeding from a gash In the back. He was carried from the car and lald on a bundle of sacks while an ambu- lance was summoned. He seemed to be the coolest man on the spot and slowly felt his arms, legs and back to see if any bones were broken. He had beem knocked breathless by the fall. “I have just served sixteen subpoen: on Uncle Sam's weather man,” sald a process server at the county court house, quoted by the New York Times, ‘“and handed him sixteen half dollars to legalize the command that he appear to glve evi- dence In that many cases, and sixteen dol- lars to enforce the direction that he bring the weather records along. “Do you know he is much in demand as a witness? There are hundreds of cases, especially in the accident and negligence actions in the oty court, in which it is necessary to prove what was the state ot the weather at the time of the accident, and obviously the man to give that infor- mation to the jury is the observer of the local weather station, for he has the rec- crds made at the time to show indis- putably whether it was raining or whether the sun was shining. “Sometimes this duty keeps the weather man on the jump. I have known him to glve testimony in six or elght cases in a day and to earn witness fees far in ex- cess of his salary. I presume these fees are his perquisites and I know that the lump sum in & year is a handsome amount. Another item in the luckless history of the New York subway occurred Sunday morning in a gas explosion in the excava- tion at Long Acre square, at Broadway and Forty-fifth street, which threw up plank- ing, cobblestones and debris gemerally in tront of the New York theater, shook the houses and waked everyone in the neighbor- hood, finishing by eetting on fire the tim- bers In the excavation. Like a South American revolution, there's no knowing where that tunnel will break out next. The contrast between spiritual peace and strenuous life s strikingly shown every hour of the day at the intersection of Broadway Here 1s a whirlpool of people, cars, of vehicles, of noise and commotion. Near by is the old St. Paul's church, a venerable reminder of the past. It stands with its back to Broadway. It is surrounded by an anclent churchyard, filled not only with crumbling tombstones and molding vaults, but also with a wealth of blooming flowers and carpets of grass. A quiet, patient old gardener, with spade rake, pruning shears and wheelbarrow, is always at work upon bush or shrub, cutting, pruning, cleaning up or planting. The church is always open. When you enter and sit down in a cushioned, high- backed pew, In the dim light that filters through the stained glass windows, you can hear only enough of the trafic on the streets to make the place ome of con- tented rest. There are always visitors to be seen in the churchyard, especially at the noon hour. An office girl quietly eating her luneh and carrying the paper matter away with her; a young man taking a quiet smoke, where the gardener or janitor can- not see him, a visitor who has come into the shade to rest or a hunter of inscrip- tions, who goes from tombstone to vault cover, conning the odd inscriptions evolved by the love and admiration of a century A crusade against professional beggars has broken out Again. Twenty-one “touch- | ers” were taken in last week and sixteen convicted. Among the latter was John Hackett, a one-legged man, who was ar- rested on Bleecker street while begging from the poor Jewish and Itallan working girls (a most liberal class) on thelr way home. He was found to have $2,400 in bank. His brother, who is prosperous and keeps a pawnshop, had the bank book In his safe. Hackett was sentenced to three months' imprisonment. MORGAN'S GREAT BUMP. Wherein Lurks the Germs of Mergers and Combines. Chicago Inter Ocean. The currént number of the Phrenological Journal prints a portrait of John Plerpont Morgan with this brief comment upon that gentleman's cranial developmént. “SBublimity is very actively displayed in Mr. Morgan's head, as in all large in- vestors who strike out for extensive cons trol of immense corporations. It will be noticed that whatever Mr. Morgan does he does on a large scale. Firmness, self- esteem, combativenes all help, but sub- limity sets the ball rolling, starts the commercial tune, and flnances the enter- prise.” The sublime faculty ls located midway between the faculty of acquisitiveness and hope, and {s flanked on each side by ideality and cautiousness. In the ordinary head the space occupled by sublimity depends a good deal upon circumstances. Like all the other faculties, sublimity is, of cout subject to contraction and expansion, and, Ilike all others, it may be cramped by dis- couragement or developed Dy success. There was a time when phrenologists were wont to speak of this faculty as as- surance, and irreverent persons, even in our days, are prome to allude to it as cheek. And it s, perhaps, interesting to note the peculiar conditions which make the use of each of these terms appropriate. Should a man rush Into Mr, Morgan's presence on a busy morning, for example, and say fo him, “John, I need $50,000 im- mediately; kindly give me a credit slip and I'll send around eollateral after a while,” that would be assurance. Should a man rush into Mr. Morgan' presence on a busy morning and say, “Ses here; e got to have $50,000 before noon, and I haven't got a thread of security, but I'm making a turnover on the ex- change, and I'll pay it back by 3 p. m.," that would be cheek. But should Mr. Morgan call & group of capitalists together and say, “‘Gentlemen, you represent interests which combined have a value of $100,000,000. consolidate you and stock the combina- tion for $400,000,000, magnificent enterprise,” saying that this would be sublimity. It is ‘well for heed these shades of difference. awkward mistakes. assurance may perhaps degree of sucel particularly if it be- comes known that his assurance is based upon what the world calls nerve. An- other who has cheek may for a time sweep requires st and to sweep up everything from a coal trust to a steam- ship combination, and then to keop right everything before him. But 1t the faculty of sublimity in its lary most perfect development on eweeping without pause. ' 1 propose to TWO GOOD DECISIONS, Phazes of (‘nm-u:r by théf Beneh. Chicago Tribune. The New York court of appeals has re- cently handed down two decisions which will be of Interest to the whole business world. The first 1s connected with & man's liabil- ity for the account he may give of himselt firm, represented by Clarence Birkett, had told an agency that its assets amounted to more than $150,000. rating Thomas Tindle had eold the firm soveral bills of goods. The basle of Mr. formation he had from the agency. Pretty soon the firm falled. Mr. Tindle lost, He was determined, however, to see that his decelvers did not get away altogether un- scathed, He began euit against them on a charge of fraud. The defense put up was that the firm itself had never made mis- leading representations to Mr. Tindle in person. ments to the agency and the agency had told Mr. Tindle what it thought it knew. If the blame lay anywhere, then, it lay with the | agency. This couree of reasoning com- | mended Itself to the supreme court and to the appellate court. It seemed defective to the court of appeals. The judgments of the | lower courts were reversed. Mr. Birkett's firm was held to be guilty of fraud. “Dis- regarding mere forms and methoda it can- not be doubted that the defendant spoke falee and deceltful words to the plaintift through the agency just as effectually as it they had met face to face and the state- ments had been made directly and per- sonally.” Whether this fs good law or mot it seems excellent justice. One cannot help feeling that statements made to a commer- cial agency are made to the public and that when the public {s mieled by them it ought to have some remedy. The second of the two decisions mentioned is concerned with a certain aspect of the relations between a bank and its customer, A New York firm deposited with the Chem- ical National. The firm's confidential man fell into the habit of ralsing the firm's checks. He put one figure on the stub of tho check and another on the check itself. The difference between the two figures he appropriated to his own use. He kept on doing this for two years. During all that time the firm never compared the returned checks with the stubs. It seems odd, there- fore, that when the ultimate disclosure came the first thing the firm tried to do was to get the bank to reimburse it for its losses. Naturally the bank refused. Then came the suit. The lower courts found for the plaintift. The court of appeals found for the defendant. The plaintift, it held, ought to have examined its vouchers and notified the bank of all dfscrepancies. This declelon seems to be as righteous as the other. A firm cannot ask a bank to protect it against its own employes and its own neglect to make sure that they were not swindling it. THE PACIFIO CABLE. Serious Objection to Giving One Com- pany a Monopoly. New York Tribune. The question of granting government ad to a private company In the work of laying a cable across the Pacific Ocean is still under consideration at Washington. Present indications are sald to be favorable to the applicants, though “under conditions which are regarded in some quarters as rather stringent.”” We are not sure but that they should be pretty stringent. The cable is goling to be of great importance to the gov- ernment and the government's rights and requirements should be safeguarded in the strongest possible manner. It may be well to have the work done by a private concern instead of by the government itselt. But in that case the government should insist upon having as much political coutrol over the cable and as free use of it at all times for its own purposes as though it had con- struected it itself. The one disquieting feature of the case 18 the evident monopoly which the gover ment is asked to foster and to reinforce. As we have hitherto explained, there s an allen concern which claims, under a Spanish grant, an absolute monopoly of cable service to the Philippines for a long term of years to come. Even the United States govern- ment itself could not lay & eable to Manfla tribute to this non-American concern. That does not eeem a desirable state of affairs. Now, it {s eyident that the company which is planning to run a cable to the Philippines 1s doing 8o as a partner of or in some sort of alllance with the alien monopoly. So in glving this company any aid or encourag ment the United States government would be countenancing and confirming & monop- oly which exists in deflance of and in viola- tion of our expressed principles. The United States has gone on formal record as establishing an open door in the Philip- plnes. That door ought to be open for telegraphic communication as well as for commerce. It ali countries and all mer- chants are to be free to trade on equal terms In Philippine ports, all cable com- panfes should be free, on equal terms, to establish communication with those islands. To what extent this government fs bound by the monopolistic concession which was granted by the Spanish government just be- fore Dewey went to Manila, and which 1s obvlously against public interests and against good morals, is & question for the law officers of the government or for the Judiclary to decide. If we are irrevocably bound by it, the desirability of abrogati it by payment of the stipulated forfelt may well be considered. Certainly there is every reason for deliberation before taking any tion which would amount to & strength- ening and.reafirmation of that eminently undestrable cone 1 Law Elucidated to'a business agency. A certain New York | In consequence of this | Tindle's estimate of the firm was the In-| It had simply made certaln state- | without getting permission from or paying|noon. PERSONAL NOTES. Marshal Prinee Komatsu, Japanese dele- gate to the coronation, will return to his country by way of the United States. There must have been considerable method in the madness of the “craay” earl of Dudley, whose collection of jewe Just sold for $450,000. General A. W. Greely, chief of the United States signal service, is on his way to Alaska to supervise the bullding ot govern- ment telegraph lines there. Jean Antonin Carles, a French sculptor, has visited Mr. Kruger at Utrecht to make & cast for a bust of the ex-president of the Transvaal which he wil execute. Clara Barton, head of the Red Cross eo- clety, has been invited by President Dias of [Mexico to come to the Clty of Mexico and | there organize a branch of the soctety for the republic. A man has been sentenced in Kokomo, Ind, to fourteen years' Imprisonment for stealing four ho, He pleaded in defence |that as he was coming to town the hogs jumped into. the wagon. Graf von Waldersee, a relative of Field | Marshal von Waldersee of Germany, is | making a trip through Texas for the pur- Uvon of investigating the cattle and the | quantity of supply for a direct shipment | of beet cattle from the ranches to Ger- many. Durlnx the coming Old Home Week the town of York, in York county, Me., will celebrate the two hundredth and fiftieth anniversary of ite settlement and it hopes to have President Roosevelt present at the festivities. The town's proud claim s to have been the site of the first chartered oity government established in this country. B. L. Schiott, an electrical engineer of Berlin, Germany, Is visiting Chicago. “‘American manufacturers are offering fancy salaries to German engineers in all branches of that professton to induce them to accept positiops in this country,” he sald. “Within six months over forty lead- ing engineers of Berlin have taken posi- tlons with the Carnegle and Westinghouse companies alone.” It is stated by The Bookman that Bret Harte gave many of the last months of his lite to work on the opera libretto for Bmanuel Moor, a Hungarian composer. The hero is an American who, for a lark, plays cowboy In the wild west show and pres- ently drifts across an old French chateau and fall# in love with its young helress. Bret Harte is sald to have greatly enjoyed the work and some of his lyrics are charming. LAUGHING GAS. Brooklyn Life: Parke—What's the matter with your wife? She looks fagged out and fells me she hasu't slept decently. for weeks, jLane—8he is forming & Don't Worry club, | Chica, Ot course an aero- paut mets Wiled Bt & Fourth of July cele- bration now and then,” sald Uncle Anen Bparks, ‘‘but you don’'t mind that so muc! because he oelnl kil anybody else with his tomfooler; New York Times: Hewitt—I tell you, it's too hot to e the theater. Jewett—Oh, come along; the play will be & frost, anyway. Detroit Free Presst Roxley is 80 “Poor old Uncle ol o _most any 'l!m vufled”?: attend his " her brother remonstrated. (al’ev-r thinking of your own Cleveland Plain Dealer: “There {s an im- [neasurable gulf between the overbearing landlord and the down-trodden tenant. Look at Ireland.’ and just r Ye T'd rather, be an Irish Iun-nz Han’an . landlord- ‘Washington Sta i 0° B%ovs it think there 18 an; (mnkedremlrkuale n first “It's ‘when ple Mvu heln Then gervinaese R : comes remarkabl Detroit Free Press; “I wonder it she're- gTets her marriage?” "\\'hy should she?” “Well, you know tm‘n both literary and now husband thinks himself ene r titled to every bright idea she has.” “p ca(fnd oak m o Witte "o "the Bablt of lling names. c‘“Y’;\‘A can,’ responded the gruff neighbor the nurse and send him out “‘Dischar By a few Tough boys some after- to play wil A SYRIAN NIGHT. Clinton Scollard in SBmart Bet. The night hung over Hebron all her stars, Mirsculons processional of flame From tl beacon of the Pllnat Mars To the faint glow of erbs without a name. Th kals held wild orgy "mong the hill l"’ro’!lnc slope to slopo thelr eflu'lhrlll oah.: Untti we ‘yearned for the sweet peace that The h'om‘-l.nd valleys on the eves of Bpring. the wind rose in troaty | below, from out t| There, cenotaphed for centuries. untold, The’ bones of Taaac and of Joseph And broidered cloths of silver and of Were heaped and draped o'er Ab; crutabled clay. Strange, ah, how Itr‘fla this shifting life and death! Ne'er was the thought more deeply on us borne Than where these patriarchs once drew vital breath, Loved as we love, and mourned as nov we mourn. Others will come as we, And o m's and see, unddpn Yyainly ‘strive to’ plerce Beyon shall read the mystery, ala 'Hll nl(ht o'er H-hron cel to hln( her stars. The Shirt we spoke to you about yesterday will be ready for you this morning—and maybe will last all day. But it would show sound judgment to come early and be sure of just what you want. The sale wi the extremely low price of ng $100,000,000, or an amount equal tq your original capital stock, for my share as promoter of this it goes without 11 last ONE DAY ONLY, and 55¢C tudents of phremology to A close observance of them is likely to prevent One who has merely ttaln to & certain Within the reach of all. Rrowning-King -3- (@ Exclusive Clothiers and Furnishers. R. 8. Wilcox, Manager.