Omaha Daily Bee Newspaper, January 8, 1903, Page 2

and the general fund with a' ik mount. llhmlolllrlll.lg a1 gay of transferring money of the one fund to the other, but is in compliance with the forms n('ln'. and in harmony 8 of accounts opt y .m.’Z T fhe warrant was properl it leotiy -legitimate that it should be a check drawn by the trosaurer Evn moriey. beldnging to, the meral fund f the state te depository in the hands of Position of the Bank. The defendant bank, ds_before stated, was & state depository. The depository law provides as follows: “All such deposits shall be subject to payment when de- manded by (he- state (reasurer on his check;” and s requires that the d tory bank must give bond “fof the ment of sald deposit when demand urer, on Mis chec IY‘ by at any T s conceded by the state that the de- fendant bank in the payment of the check violated no duty it owed to the state as castodian of puble funds. The unlawful act upon which this suit is grounded is not the payment of the state's monay on the Bartley check, nor for the male of the watrant, but in recelying the m nt for the Chemical National application 11 payment cf 1t) being the legal duty of the state treasurer to pay the obligation of the state, represented by warrants, it vould seem (hat the defendant bank ought to be protected in recelving the’ money from him and appiipe It in payment ot the warrant,. unless had notice or knowl- edge that he wns using the state’s funis for unlawful purposes. It Is jone of tho contentions of theistate that the tecital fn_the nt bt to reimburse state sinkfig ‘tund, wad a sufl- clent notice to the defendants that the war- rans was mot w ataté: obligation and- whe SaMclent, to apprise them of its anlagful charactet. Whilé thd recital i the War- 1Rt Right be prma facle notice of the urpose for which it was given, and of its jn. she. hands .of anyone K Q?moas. the |mtlmfin{ He¥ the ‘defendant ban o Its ofMclale Tead the warrant and had no knowledge of the recitals contained therein, the warrant aftciosed thitt "o " ¥eorm of the Warrant. eneral form and appearanice’ {t was nte- & OM\er, warrants issued by the state, was sidne proper ofMcials ported o Ita Jace ia have hebr authority of law. The only thing.fa dis- tiz guish It was the words written 1p, black 1k upon a bl ank fize Jtof 1 retmburie_the ate sliking fun dn the backaf the ant thare b indorset Ahe. Neaboot |, Mo Millard, president but the testimony is clear that 'this endorsement was not upon the warrant at the time of Its- payment, ior wie the endorsament in tid handwrii- ng of J. H. Millard, mor was it _plgced tlierenn with his knowledge or djrection. When the case was brought before this gourt wpon a former hearing. it was re. Yersed upon the theory. shat the question of notice or knowledge on ‘the part of the da- fendants of the infirmatives fn the warrant was proper ‘to be submitted to a jury. This was done upon thie last trial and the ury fourd for the defendants, The find- Ing of the jury op the questlon of notige or knowledge' of the dllegal chiaracter of the warrant fa conclusjye upon this report. ft'is also contended by the state that in an action of conversion the motivé Which Drompts a person to receive, disposé of or appropriate property to his own use is en- tirely immaterjal, where the property had been taken without the knowledge or eon- t of the owner, and the case of Cook v. Monroe, 46 Neby, 849, and kindred are clted 1o support of. nis contentio theory upon which_ the a8 alt ceeds, 18 that the moy, hr in- termeadier, acting without real or apparent authority. Justifieation for’ the Aet. While the rule in Crook v. Murroe, supra, I correct In the abstract, it has no applled: tion to a_cade where ct of eonversion can be' fustified as having been in any manner authorized by the owner of the property or his agent or servant havimg the lawful custody and cantrol over it. No one would contend that if the owner of property delivered it 10 & person and re- Qquested him to dlspose of it In a prescribed nner and the request was complied with t an_action of conversion would ke person, and the same principie es where the' duly empowerl ‘agent having the control and lon of "the. pro| the t and glves the sx'rfcunn “The state {he custodian of the atate's tands; h duly elected and ualtfied agent ot Ih' state; he was orlnn to dri checks and . to ply he directed the. p1oc check to be lppn-d in p-ynnem 0 warrant, and jg pursuance quest the payme! surer In doing: shows that the payment of warrant, to the defepdant hank .was urse of business and the teansmitied to the Chemtloal National bank before any ¢ was made by the state or any knowledge brought to the bank or &ny of its efMcers that the warrant was notia valld obligation of the state In the hands of the holder. Transmetion Al} Correct. While the payment of the check and the credits to the Chemical National bank §, Mere mdtter of bookkeeping, the pra tical effect of ‘the transaction was t same as_though the money had been pald over to ‘Plrlley on a-ehegk, and he in turn had paid it to the bank Warrinis snd tKe Papk had paid it over to the Chemical National bank. The rule is well established that where in due course of business money s trans- ferred to ap honest taker, who. receives it without an® knowledge of wrong-doing on 1l rt of the payor, he would acquire a title thereto as against the true ¢ have consldered the case on ‘ment of tho ance of it constitutea’ the proper of transfers rlnr the money from the general fund to the sfiking tund. “But the Tesult would b-nl Jnme it me‘ warrant not_proper! 'n.:‘?m Telmaias (hat the -uu by officer adopted that method of making the "ere undisputed that no- actual notice or purpose for which_the n, and a6 they no notice of the recitais .on: the face of the warrants, but qflld the check, and applied lh- mdllL K 'he directions of the state treasu o ulmo'( B00d faith, they are protécted from liability. Good, nuy of Deten Tflg evidently the theory upon whibh Judge Sullivan Jroceeged in the for- mer epinion, “for_in It he 'recognizes the mpor dc ance of gooll faith on the part of tho | ants, and held> that knowledge o the part of the defendants as to Infirma- tives In the warrant was a proper quesilon bmitted to the Jury. It would, be different had the defendan {he puross’ for whieh the war- The lllvnl’)’ \lvnn which the case wa tried in the court below Involved:the que llnn of motive or knowledge on the part of @ 'defendants of the unlawful purpose to lch the st ‘s-funds were being applied. ’I'll testimony was clear and undisputed thist the bank offictals did not read the WAl l‘l Its general form and g Dtll’nm,e wits 1ké other warrants lssued: by the — e FED THE PROFESSOR. This One Had “Dreams More Terrible Than Vistous of the ‘The Come You jaust feed the professors and. teach- ers right/ or they oan’t do Justice Lo pup They "should, of @il people, 'possess a healthy nervous and mental organization. ! cannot ob- tain ad go0d Fefulty as the ome W¥ho has a perfect. mental polse. “It has been for problem,” said me & most diMeult rofessor connected with a prominent college of the South, “how to keep the nerves in proper condition and the brain in good working order. Lack of proper. opROrtunity to take exercise, and irregular ‘diet and impreper food brought on & general break-down in health. I be- came irritable and, restless and at night would dream of more terrible things ‘than any ‘of Dr. Holmes' visions of ‘The Comet.’ “Upen 'the suggestion of a friend, who is & busy busifess man, | commenced to va tes: it was signed by Purported to be a atate Hb1 opinion the question of go art of the defendants was a pro ) lows from it wha not error to Jary. 1t Soile overrule the ‘state’s. motion for a tory Instruction to the jury for & v for the state and agaifist the defendant bank and i favor of defendant Millard W have examined the other errors cum- Blined of by the stpte, but aa It was con- ceded that the principal gruund relied upon was the overruling ot the motion for a verdict heretofore congidered, we will not prolong this opinfon. They &fé' not merl forious: 3t ta, therefore: Tesommended th the j:lldm-nl of the district court be af- rme Judge Holcomb' Judge Holcomb wi decision, concurring and explaining reasons for participating In the case. He sald: Until the commencement of the Septem- ber term of court 1 had hoped the case at ed without participation decision rendered, My disinclination to sit in the cmusé arises from the fact that ds governor of the state I formally authorized the attorney general to institute o and all legal pro- might approve of d fred in order that the state should recover its dues by reason of a shortage In the accoufits of its former state treasurer, Joseph B. Bart- ley, which was discovered to exist at the time of the expirgtion of s term, of oMo As treasurer, was alfo cogrisant of {he institution f the present aetion againat the defendants herein- under.the geaeral authority as the chiet executive of the state thus givén the attorney general ~ Since it has become appurent that i must fct It & decisianyls rendered fg 1 have devoted some Attention Lo the p Yon of whether legal disqualifieation my participating in a declsion exleted, and i 5o to make formal -declgration ot the gonglusion reached in_respect thersof. thus leaving a decislon of the apped the state to my two 'nsoctates, and If chey could not agree to allow it to await the passing of” tife utth by chwnges in the personnel of the court a decision could be reached by an afeernent of at least two memberd of the court: which the co tlon requires. in _order. .to_rende; lid Judgment of aMrmance of the sudginent of the trial courf or a'revérsal ‘theéof. Hin ‘Way Clear. Judge Holcomb, concluded that there fs no legal obstacle in the way of his particl- | pation in the ¢ and jn closing says: “Entertaining the opinion I, da, as indi- | cated, I concur with my associate in the Judgment of afirmance. There is much that occurred ¢uring the trial of the cause in the lower court which I do not approve of, but as the result arrived at is the only one that righttully could be reached, the irreg- ularities occurring: at, the trial, can, be re- garded as errors without prejudices;, Judge Sedgwiek in.closing says: “Being justified in supposing. that, the maney In fact belonged to the Chemical . National bank and knowing that it was jniended by the treasurer to pay It to the bank upon a warrant issued by the state officers for, that purpose it cannot be sald that the circum- stances were such as to allow of no other belief on the part of ‘the defendants than that Bartley In 86 dving Wae convérting the mioney to his own' ube Jpndge Sullivan D In his dluennn; opinion Chm Justice Sulllvan The vlurrlnt in question handled by ME. Millard., As agent ley _he sold it to the Chem barik, and as agent’ ot thé Chemical Na- | tional bank he afterward delivered-it.to | Bartley, when he exchanged it for 31, §84.05 of the state's money. ury found | that the 'words, ‘For ‘to Yelmbures. the state sinking fund,’“mplainly written upon the face of the wnrr-njfl did nat atiract Jlard's attention when he recel ved 1t | from Bartie: to New York, fior when he re r the New. York | San iy ‘Gellverad. lteto Bartley, nor eve: Zhen it ay upon his desk when'the { ®st was being comptited. a ury found" that the possession by Bartiey: of. D warrant supposed to eyidence a debt due him from the state amouriting o $180,101.75, did not at any time exc! “i‘i‘ur Millard's es: peclal wonder or cauke fo inquire DK what ‘chance a solvent" mmonw eould have become so heavily indebted to i own treagurer. He ,attagks the, heory was pald out under the th g the state tregediér’ts draw ‘itie Money ‘dnd ddclares that fiie Wrougtul par- ticipation In_the deal by the bank enlarged the authority of 'the 8taté treasurer and made the payment of the warrant antl' the embezzlentent posaible. ' “Surely,” he sald In’thé opinion. ‘‘de- fendants cannot with any show of reason, inslst that the unauthorizéd paythent of tho warrant, the wrongful =t - Whith they abetted and participatedt’ in, operatéd ais a practical enlargement of the treasurer’s ac- tion. As well might a partfcide ground an appeal for clemency or cofipdssion on the fact that he was an orphan, Bartley al | authority was to disburse ‘the public’ funds upon valid warraats and not otherwise. “Syllogistically 4, -the "whole -matter 1s this: The statute in effect declares that money can be lawfully: obtained from’ the state treasury upon valid warrants and not otherwise. The defendants:obtained: the money in question Arom-:the wtate. treasury upon & warrant that was not:valid: There. fore they obtaiied it unlawfully.. The law does discriminate between 'wrongdoers: It makes N0 exceptions;y Amc-agent; even though he act in goed faith, must, before he can rightfully lay>his-hands upen public produce a valld warrant; the posse: something that~looks:like n warrant is not suffictent.” rcr officers and igation, "In our faith on tho one to on my part Hatiogs “AVhether the war tq::l voild or v-ua it did not belong to “Bartidy, dnd he had no more right to sefl' it than B¢ fad to sell the state.capitol bulldjng or the gfound upon which it stands. Th mu k¢ cén, war- rant never vested in him a? uid not transfer to another by -nao:ument that which Ko nover possedsed. He could mot divest the title of the 3taté In the warrant by sale thereo! to thé Chémical National bank, since he posseaséd no power to sell or negotiate the instruuient. Commissioner Hastings' confends’ ‘that Bartley had no nterdst in the warrant, the faco of the thstrument’ disclosing none, ana therefore he could have sola or trabisferrea no Inlerell case pf copversion. ~Hyp, recommep the case be reversed ip the dlstriet, court, Commissioner xuunmas took na »m in the case. m--on ot the In April; 1893, piof't6 the aitjodrnment of the ‘legislature;” thy" Capital Natfondl bank of Lincoln huea The §taté was’a heavy depdditor 1fi the BADK at ‘that time, its sinking fuad alone Miving to its credit there the sum of $186,101.76 f6r the osten- Oasen. . sible purpose of “Félmbursing“té sinking | fund out of the“wemermi-fund; ©n account of the appatént Toss! ‘the Mglstature under- took to pass an ast containing swch pro- vislon. “The-act was & general’ tion bill entitled as follows: ing appropriation for turrent expenses of the &tate gOVOrMWIONY TOF (hé yedr ending March 31, pay m-wlnm the ifems in the’ currgat expenses, wi state-‘sinking fund, burse said tund for itol Natiomal bank, Thd act ‘wasy ka,"” Among the. head of’ wing: “For to reim- o u.a up in Cap, Aprit 3 t pur- a8 lssued the state tre. r. o mum*-ul for § warra Grape-Nuts ayery day, and fourl’in & short time & great improvement in my nnlm. the fopd contwined just. the right kind nourishment for my body and bfain The restlessness disappea my stomach ceased to trouble me, mental vigor returned and I am now able to do o and better, work than ever " When triendb skpre wfi ma a0 well, it is muny the merits of Grape-Nuts.'' Name m‘ Postum Co., Battle Creek, Mich, ! t i!m for want of funds and A few dwys Iater Bartley de- un y 10,3, 1. Millard snd e 3 HDIIII Nll ol ow ork. Bartiey | 10 Obiober./1696, the New 'or‘ bank sent, the it to the Dmahh National bank | for collection. 1t Temained in possession bf the Omaha bank until January 2, 1897, THE OMAHA DAI after & consultation with him and after Millard had recelved the warrant from the coshier of the bank, and after the interest had beon computed thereon Bartley executed and delivered to the defendant bank the check as etate treasurer -for $201,884.05, payable to the order of J. H. Millard, presi- dent, and in return recelved the Warrant. The check was drawn upon the general fund of state moneys on deposit in the ba On the same day the check was pald by charging to the account of Bartley as state treasurer the sum of $201,884.06 and crediting the account of the Chemical Na- tional bank and an Atchison bank with a lko sum. At the time of the transaction the Omaha National bank was depository for state moneys under the depository law. The action was brought to recover from The defendants the amount of money lost to the state on account of this participation in the redemption of the so-ealled warrant. The first decision was agninst the state and a reversal was sought. It was sont back and again judgment rendered for the bank by Judge Baker, from which the state appealed to the supreme court. The case has been argued and reargued several times, the last only a few weeks ago, the state belng represented by Deputy Attorney General Notris Brown and “the ‘bank by John L. Webster, R. 8. Hall and- W: J. Connéll: Decision ‘has been * repeatedly withheld - until ‘now. - . BEET SUCAR MEN. GIVE IN (Continued from First Page.) isphere: - The -opfnion ¥as - quite general that favoraple actlon upon -the agreemont at this.time by .the United.States would have a good: qffect upon the, eettioment of the differences between Venesuela and the European creditors. ot that-nation. Towa Postmastes’ Confirmed. The senate today confirmed the following nominations: Charles. Page Bryan, minister to Portu- gal; David J. Hill, minister to Switzer- land; Francis B. Loomls, assistant sec tary of state; Willlam R. Estes, gonsul at Antigua, W. L Postmasters: Jowa—W, F. Laldley, Ban- croft; Willlam H. McClure,. Fontanelle; 8. J. Mack, Inwood; A. B. Chbrister, Lake Park; D. B. Ellsworth, Lohrville; E. H. Farley, 8loan; -T. J. Hoftman, Vall; L 1. Hosler, Battle Creek; L. 8. Coby, Ha warden; R. H. Carr, Ireton; E. M. Parker, W. R. Orchard, Gldden; J. W. Humboldt. California—W. Hayes, . : Washington —R. H. Harding, Port.Angeles. =Oregon- L. A Githens, Athena; P. Proctor; Eigin F. E. Wilcox, Milton; H. E. Merwin, In- dependence. . 1 Tells of Antipodean Unions. Jn answer to many Inquiries, Frank Dillingham, United States consul at Auck- land, N. Z., has submitted to the State department a summary of the Industrial Conciliation apd Arbitration act, which he says has thus far given satistaction. 'One teature of the New Zealand law is a sec- tlon making individual members of a labor union lable for any deficlency in the as- sets of the unlon when the latter is the subject of an adverse judgment by a board or court, but the lability Is limited to $48 in. each case.. It also is provided that unlons, both of workers and employers, may sue and be sued. Hoar Introduces Second BIL Senator Hoat today fntroduced a sécond bHL. It provides especially for the expe- diting of sults in efuity brought upder the provisions of ' the present - anti-trust faw. 1t author the attorney m-nl ot United” to “file w certifichte’ fu any ViR dido BERARE 1N any rroutt cblrt: oF the v-ncd sun. to ma ftect (hat the cake “16! of “general’ public importancd:’ A topy of'the pupers fn the case”is“then to be glven to each of the circult judges of the court.and it 1 thereupon to be given precedence over for hearing at the earliest practicable date. Representative Littlefleld introdueed tho same’biHl i the houl Representative Morrell (Pa.) offered & jolnt resolution today. authorizing the pres- ident to appointa commission to consiat of the secretary of the treasury, the comp: troller of the currency and such others, as the president may deem necessary to inves. tigate existing financlal laws and to devise a financigl system which will remedy what- ever faults they may find In, the existing system., . The resolution . provides for .a report {o congress at the next session. Aetion on Cuban Treaty Postponed The Cyban reciprocity treaty was copsid- ered at some length today by the semate committee on forelgn relations, but ac- tion upon it was postponed in order to afford an opportunity for the presentation of the views of the beet sugar industfy. I¢71s' probable Yhat a special meeting will bo held on Friday for that purpose. There was & general exchange of views upon the treaty of a nature to lead to the conclusion that the treaty will be favorably reported and without any great delay. Coaling Station in Cuba. The indications are that the States will gatisfy itself by tlaiming only ohe coaling station in Cuba, namely nt Guantanimo, aMhough' the Navy ~departs ment 1s very desirous of acquiring at least two others, one at Clenfuegos and another probably at Bahis Honda, which'seems to have been selected instead of Nipa,-as the best port on the morthern coast next to Havana, which cannot be had. The Cuban govermment has been made awaré ‘of the wish of the United States and the subject will soon come up for adjustment: Pay R ects to Secretary. Mr. Bainbridge, secrotary of the United States legatign,at Pekin, and United States Consul Ragsdal, at Tien Tsin, chiled, upon Setretary Hay today to pay their respeots. co t Bills, The sub-committee of ‘the house judi- olary committee resumed consideration to- day of ‘the ‘anti-trust bflls. The sub- commitiee oxpects to get-a bill in rshape to report to the tull committee by Friday. CARRIE - NATION BUYS HOME Acquires Quarters for Housing Drunk- ards’ Wives at Kangas City, Kausas, United ~*KANSAS CITY, Mo, Jan. 7.—Mrs. Cafrie Nation- today bought-a Tesidence at-Kansas City, KNh.,t8 B¢ useéd a4’k home for- #funk- ards’ wives. © The price was $7,500, and it is uderstobd that Mrs. Nation will spend; several thou- sand dollars in improving the prope which will be turned over “to Wer within three months. /The money to establish the home was raised by uu Nationy on her Fecent trip edst. 7 from His Wagon in Indian 'r,nw". CHETOPA, Kan., Jan. 7.—Abrabam Mills, ot ong time the prinipal cattle owner in this sectior, was killed today at his farm in the Thdian Territory, just north of here by being thrown from his w well known in the south and was 65 years | ing. LY BEE: THURSDAY, PRESIDENT OPENS LIBRARY Bays Oarnegie is Twice Blersed in Giving and Being Able to Give. PHILANTHROPIST CALLS ROOSEVELT GREAT Declares Ruler High as Author. WASHINGTON, Jan. 7.—President Roose- velt and Andrew Carnegie were the central figures at the formal opening today of the new library the latter has given to Wash- ington. ¢ Among those whe attended the cere- monles were ‘members of the cabinet, of tire senate and house of representatives and people pfominent fn oivil life throughout the United States. The library building I8 a beautiful white marble structure, occupying the center of Mount. Vernon square, in the very herrt of Washington. For its eonstruction' Mr. Car- negle donated $860,000. Today's eeremonies iwere ‘merely incidental to the tramster of the bullding from the building committee to the board of; ibtary trusteos, of which Theodore W. Noyes, assoclate ediior of the Washington Star,-1§ president. Prior to.the formal exercises the orches- tra of the Marine band rendered a special musical program.. I Carnegle Twice Blessed, The. dedicatiop, exercises lasted scarcely Aan bour. After, he bishop of Washington, the Rt. Ré Dr, terlee, had prgnounced prayer Pre-ldent Roosevelt was jatroduced atid spoke as follows: 1 count FoTAGIC fortunste i baing able to come her, ot only” for my private fhdividual sake) but-ag in some sort rep- Nunllnl \he mk of ‘all the country, to express d appreciation of what is tmphlllell.{ "L ‘U Windom. o girt o do the utnost: pbsible benefit 1o all the people of this country. from- you, Mr. Carnegle. It seems to me tHat the man has a right to call himself thiee blessed who combines the power and the, purpose to use his wealth for the benedt. of e.-‘ar people at large in a wAy t shall dd'them real benefit, lnd in can mére beneélit be done than in Iho ift of libracies such as this, a free Hi- bratry, where eacl , each woman, has a chance to get for Him or herseif the train- ing that he or has the desire to. t course, ourccommon scheol aystem lies at the foundaten of our educational sys- tem, but it Is the foundation o?ly 0! those ‘who are to stand pre-eminent as the rep- resentatives of culture in the community, the enormous majoFity must educate them: selves. The work done by this library is helpful, because tt represents one side of the way in which all hesithy work in this commu- nity must be done. Mr. Carnegie, neélther you nor afiyone else can make & man wise or cultivated: “Alk you can do ls to give him a_chance. to 8dd. to_ his own wisdom, or to his own culture. That is all you can do in any kind of phlianthrople work. The only philanthroplc work that eounts in the the work that helps a ma: p hi; 1f. That {s true soclally, 8o ‘alca'lly and in'every way. The man who 1l submit or demand to be carried is not worth carrying, and if you make the effort it helps nelther hlm nor you, but every man of us needs help, needs more and more to be glven the ¢ nu o “show “for ‘himseit the stuff that is in. h In other words, lhh ia_the kina of that steers thé happy middle course tween the chnsybis of tallure to show pub; He spirit on the ‘b band. and the sylla of showing that 5. 80! irit i way that Wi demoralizé. and’ pauperizh’ those take advantage of it on Ih- ther. "o quula an expression that I am fond of, this equally: {ap, from: the two prime vices of ot c«vmuu AFamess of Aeart and soft- ness o 1 & /& speech; I un- fortunate mve"fi ‘?"‘s at once,'as the resident has déveral 4 to perform; I e tore hecauss I joel thit the move: ment for securing fal for self-training, better facilities for self-training in its wid- est and broadect and deepest sense is one Ttance. that . the presi- okt T R ALy, o e | mE 4t X "this time o aranic gle, for the gl mahw,ou hmo m- to n.- people, of the national When the applause had subslded, t president left the,auditoriym, the audience rising as he papsed ouf, and the Marine band_ playing “Mnum g In a briet address, P. B. F. McFarland, one of the commisgigners of the District of Columbla, turned, the building over to the board of library trustees, Mr. Noyes re- sponding on behalf of the board. . Mr. Noyes' speech was.an eloquent tribute to the liberality of Mr. Carnegle, whom he dubbed, ‘“‘Santa Carnegle, the patron saint of house Mbraries, who transformed by word or touch .of the pen a cramped, orawded make-shift of & library bullding into the marble palace in which they were assembled today.” Roosevelt Greatest of Me: next introduced and glven an ovation by ‘the great audience. He sald in part: The -free library, ople, for all the Pank nor birth wi who honors us toda b{ AURUSL pres- ence, the honor of the highes eart] 1l ol of. jority of the English-speaking race, -y Dot on compared with which all {nherited positions sink Into Thsigniicance, within these wall no privileges which, Is” not the right of his poorest and humblest fellow citizen. Free libraries maintained by the people are cradles of democracy and thelr spread can-never fall to extend and strengthen the democratie idea, equality of the citizen, the ty of mah. They are emphutically Traits Tof the true American L while the president thus e sls on ths gommon level us the resident, we cannot ail to remember thal in the free library he has @ place denled to the official, as a prince in ‘the republic of letters, a rank jwon long since by Theodore oosevelt, tho author. Before he was preeident he 'had, Caesar-like, not only caused his fellows to mark him and write his speeches in their books, but had made books for himself, 1 doubt not that of the books taken from this library his will rafk high in the Hst. 'We il him today. therefore, in the duai chpacity of presiderit and author, positions nsurpasyed in their several spheres, won- dertul tn combination. 1 hawe given, chiefly within the past two yones ings. During the At .af July last, 276 npplications for Tbrary bulldings were récelved by me from all parts of th%elvm-ed world. / When 1 ar- rived at New York-last month from Burope 1 found waiting. applications for 60 addi. tignal bufldings. Today I have on hand 378 | hew applications, making in'all ander con- ration now more. than 0, the great majority of whil will, no doubt, be 1 have seldom or never kno suicoens ‘made by & Jack-of-all-trades. the Doard ‘member. I twenty companies. the controller of nore. 1 am in the lbrary manufacturing business and beg to be ai- Jowed to concentrate my time upon It until it i flled. It is. nut charity, this is not philanthropy; it is the people helping them- selves by taxing themselves. Though charity springs from good mo- tives, most of it is & mere pruning of the branéhes of the upas tree. We must get to the Toots ot the poverty, the misery and the crimes which still dirken human so- clety, but which, let us gratefully remem- ber, become lesé and less under the great law of evolution Upon the conclusion of the dedication ceremonies the library was thrown open to | the public and thousands of people passed through it during the afternoon and even- main by all the owa_neither Even he ned k ts wi Carmegie Doubles Gift, Mr. Carnegle, after the dedication, sald that he was so well pleased wih the new library and the use made cf his gif that he' would donate another $330,000 for the erection of branch lbraries on the same condition as the original gift, namely, that the city provide the sites and arrsnge for the support of the Mbr: Bribery Cases JEFFERSON CITY, Mo., Jaj supreme court today (he cases of Harry A, Faulkner and Julius Lehmann, members of Louts b of delegates, con- ection With street was argued and g s T, Rowe and B, " poke for the delund ants md (‘Ircull Ritorney Joseph W. Folk Q': torney General Jeffries lo- oy Xy A ecision s expected mext JANUARY 8, 1903. FIGHTS Western T0 Union Amainst Pe! Reatral WIRES Injunction Ratlro KEEP Seeks yiv to Removal of Poles. CHICAGO, Jan. 7.—The fight between the Pennsylvania raflroad system and the Western Union Telegraph company was carried into the fedefal court today when the telegraph company filed a biil for an Injunction to restrain the Pittsburg, Cin- cinnatl, Chicago & St. Louls rallroad from preventing the operation of its business cn the rallroads after June 2 The telegraph company asserts that such action would cause great injury to its business and inconvenience to the public The contention fs also made that the com- plainant has co United* States government for the trans- mission of messages and that these agree- ments cantot be Interfered with by deféndant The Western Unlon also bases fts petition on the claim that it has con- tracts with the defendant company and its predeséssors under which the use of the right-of-way for poles and wires cannot bée taken away. LESSONS OF BOOTH'S LIFE| (Continued from First Page.) could give until they had no more money to spare, and yeét there would be compara- tively little accomplished. For Instance, gentlemen, ‘one of our London homes for ‘women 1s entirely supported by the efforts ‘of those who have been saved through it In some ways our strength is our weakness. It it were ndt for our religion we could et much more support. But we must work through Christian motives, for you can only alter a man's life by changing his heart.” In answer to a question in regard to the progress of the army in this country the general said: “I find the army has made good progress in all parts of the country cince my last tour. I have deen four times in the country and each time | found good advancement. now practically all of my schemes in opera- tion The land colonization work is under way, the principal location being in Colo- rado. I have not been In your city for eight years here the general smiled reminiscently, “and I find that both the army and the city have made great Ym- provement in that time.” In the Party. With General Booth are Commander Booth-Tucker, Consul Mrs. Booth-Tucker, Colonels Higgins and Lawley, Major Cox, Staff Captalns Lewis, Wright and Dammes. Since their arrival in New York, October they have crossed the northern states and returned via Salt Lake City, holding 134 meetings and winning 1,545 converts. They will continue to the eastward, going first to 8t. Joseph and Loulsville. NOTES AMERICA'S GROWTH Berlin Professor Rejoices at Progress Made Through Roosevelt's Brii- You have here Hant Personality, . BERLIN, Jan. university I relations The United States in the course of the ear have grown mightily In power and nfluence, chiefy through the brilllant per- sonality ‘at the head of the great republic. P enry's visit brought a livelier uanull of the common interests of and the people of the United ln America, of course, it has not without Ofibollllon . How could it thy wicked agitation which continu agaipst us 50 long completely unhindered. * Asks Million for Houses. BERLIN, Jan. 7.--The minister of the in- terior in the budget estimates asks for $1,- 000,000 for buflding Awellings for laborers employed n the government ehipyards at Kiel, Wilhelmshaven and Dantzig, and also for housing minor officials in the crowdea industrial districts, and to be used for loans to building societies whose membership is exclusively composed of minor public serv- ants. This 18 a continuation of the policy begun in 1901 with $500,000 and continued in 1902 with $1,000,000. Cholera Kills Soldiers. MANILA, Jan. {—The American garri- son at Ormok, island of Leyte, has been attacked by cholera. Nine men of Company B, Eleventh infantry, were selzed by the diseage and five of them dled. The post at Ormok has been quarantined. The chol- era has disappeared from many parts of the island, but it continues in Mindanao and Leyte and certain parts of other of the southern islands. Prof. Siemman of Berlin s annual survey of forelgn States. Disown Fleelng Archduke. VIENNA, Jan. 7.—The members of the Tuscan branch of the Hapsburg family re- solved today to pay Archduke Leopold Fer- dinand, who accompanied his siater, the crown princess of Saxony, when she eloped, | his share of the family fortune and dismiss him from the family. Line Stops for Want of Cash. SAN JCSE, Costa Rica, Jan. 7.—The gov- ernment i upable to provide funds with which to complete the raflroad to the Pa- cific coast. It is negotlating with the American contractors for the line, to stop work and recelve an {ndemnity. CLAIMS BABIES WERE FED Mrs. Tingley's Workers Deny Allega- tlons Made in Theosophist Libel Suit. 7.—When the opened today Mr. SAN DIEGO, Cal., Tingley-Times trial Louis Kramer, who has charge of the kitchen and commissary department at Point Loma, said the children were given an abundance of the best food procurable, ‘Dr. L. F. Wood, physician at the home- stead, was next called and was asked how many infants-in-arms there were at the in- stitution? “About half a dozen." “Who were their mothers?" “Some were orphgys and in at least one instance the parents lived at the homestead, the bables spending part of the time in the colony and part with parents at the home- stead. GIVES COLLEGE BIG FORTUNE Chicago Man Sends Fifty Thousand Dollars to Oalifol Instite SAN DIEGO, Cal., Jan. 7.—D. K. Pearsons of Chicago has given $50,000 to the endow- ment fund of Pomona college at Claremont, Cal. This sum was originally offered con- ditionally upon a $67,000 debt on the col- lege being paid by the first of this year. This was done and Dr. Pearsons has kept his promis Jan, In (he Hands of Johmson. CINCINNATI, Jan, 7.—Chalrman mann of the Natlondl league peace com- mittee stated today that he had sent a ictter yesterday (o President Ban Johnson of the American Base Ball league at Chi- leaving everything to him so far as fixing & date for the Conference is con- Oxngs.* Harmann satd he could get the Na. tional league members together at once when Ban Johnson fixes the date and they would have full and If any of them to confer rtners before final action it one by wire 8o a8 not to delay the proceedings or decislon to any appreciable extent. Her- in agreements with the | the | SEPARATE BRIDAL - COUPLE Mob During Late Ooal Btrike Bends New Made Wife Home Alone. JUDGE GRAY ASTON/SHED AT STORIES | Cannot | Afatrs ™ ders Alleged te ot in Pemnsylvania When % Are Told by Non. union Miners. PHILADELPHIA, Pa., Jan. 7.—The non- unipn men continued today to present the eoal strike commission with evidence of during the strike, The testimony included many acts of violence, from murder down to plain a \-aun and petit larceny. Dynamite played | a leading part in. the alleged persecution of nonunion men and their relatives. Five | witnesses sald their houses were more or less serlously damaged by high explosives, while others told of bridges and fences | damaged By incendiary fires and the at- | tempted wrecking of trains. One witness aid bhe was, stabbed. Several were boy- cotted and_others beaten by crowds and had their houses stoned. |“Besides ali thik a young woman told the | commission that she was dismissed as a school teachdr because her brother chose to | work during the strike. A young man sald he was attacked as he was coming out of cliirch after'being married and forced to ek refugd while his bride got home as best she could, ahd another witness said | he was afrald to attend the funeral of his | mofther, who had died while he was work- | Ing behind a colliery stockade. Other tes- | timony was also presented in the endeavor | to show that a relgn of terror existed dur- |ing the strike and that members of the union were largely responsible for it. Separate Bridal Couple. The most Interesting story of the day was told by Thomas Washaiski of Hasleton, & clerk for Pardee & Co., who was married | on the night of September 16, He was at | work' au the colllery and his nelghbors | begam: to annoy him. On the night of the wedding & small crowd gathered at the Catholic church and as the bridal party en- tered the edifice he and his bride were called “scabs.” On coming out after the ceremony he was sssaulted by the waiting crowd, which had greatly increased. The driver of the carriage was not permitted to take the couple home and the witness sought refuge in the parochial residence and the bride was escorted home in a trolley car by friends. While in the parochial residence the crowd remained in the vi- cinity, calling the bridegroom vile names and yelling “scab” at the rector of the church because he had performed the cere- mony. Later on he managed to get away from the bouse and spent the night in the col liery, being afraid to go to his room. The | bride spent an anxious night, as some un- known persons came to the house and threw stones at the place, AIf listened o the story with close at- tention, Judge Gray remarkipg at the end: “What sort of g community s this, any- way?” ; During the proceédings James H. Torrey of Scranton, counsel for the Delaware & Hudgon, interrupted long enough to ex- plain the law in Pernsylvania regarding the payment of deputy sheriffs for special duty, saylng corporations footed the bills, The opefators would, however, gladly join | the miners in asking an amendment so {hat the companies asking protection would ngt have to pay for it And that the burden be placed upon: the people, v-lure 1t pelonged. Judge Gray ¥ald Ke was'glad to hear ‘thiat ac attempt would be made’to amend the laws to that'éffect and added that, with all due respect 1o the great commonwealth of | Pennsylvania, he thought it was a “most deplorable state of law” when a sherift could not hire help, but must depend on the rich to assist him, ' “If that' bs the he sald, “the poor'are helpless.” WANT LAW ON COAL DEALERS Chicago Manufacturers Ask that Spe- eial Grand Jury be Em- paneled. | CHICAGO, Jan. 7.~The committee ap- pointed by the Illinois Manufacturers’ as- soclation to investigate the causeés of the coal famine called on State's Attorney De- neen this afternoon &nd urged him to em- pannel & speclal grand jury to act on the evidence tending to show {llegal metheds employed by the coal dealers to raise prices. The committge left with the unues that further facts bearing upon: the tion would be presented to the state's be ‘no question about the ald Mr. Deneen, when asked as to his probable action, “if they have the | necessary evidence. We discussed the gen- | eral scope of the case and the law b upon it. As to whether there will special grand jury called 1 cannot sa; The action of the committee followed a meeting earlier in the day, at which, re- plies from a large number of manufacturere throughout the city to-a circular sent out by the mssociation were considered. The chalrman, B. A. Eckhart, declared that the complaints of the marufacturers were al- most unanimous to the effect that coal could not be secured from dealers even where purchased under an’lfonclad contract, ex- cept at an almost prohibitive price. “There seems to be glenty of coal,” said Mr. Eckhart, “but the dealers are holding it back in the yards of the railroads until they cdn get thelr price for it. The rall- | roads, on the other hand, seem to be do- | ing &1l they can to relieve the situation ard to be ready to recefve, transport and de. liver coal. “The letters convey the idea that many manufacturers will be compelled to close unless the situation Is relieved. Many large firms complained. that they had been com- pelled to pay $4.580 to 36 a ton for soft coal coatracted foriat $2.70 to §3 & ton.” MEN MAY COMMANDEER COAL Kauvsus, Haw Fael for Two Only mnd Residents Grew Reckles: Ottaws, Days OTTAWA, Kan., Jan. 7.—Ottaw experjencing the worst cosl famine in ita history. Only one earload of coal has been sidetracked here in (hree days and there is not enough coal to last the town two days Unless relief comes soon there is danger that coal passing through for other points will be confiscated. A cold wind is blow- iug trom the north tonight and many fam- illes are suffering severely. NEW FIRM TO FIGHT TRUST Detroit Tobaccon! Form Independ- ent Million Dellar C Company. DETROIT, Jan. T7.~Prominent Detrojt lawlessness in the anthracite coal region | consern Wold out to the trust last soring, Is credited with having enginecred the de GREETS YOUNG ENDEAVORERS President Roosevelt Sends Be Read at ¢ b etter to ming ¢ onx. BOSTON, Jan. 7.—The twenty-second an- niversary of the, formation of the first Christian Endeavor soclety, in February next will be celebrated by at least 4,000,000 members in all parts of the world. The Christian Endesvor World has re- celved the following message from Presi- dent Roosevelt, which will be read during the celebrations: I greest you and wish you well ur [ body stands prominently among the organ- izations which strive toward a reallzation |of interdepominational and. international Christian fellowship, as well as among those which stand for ideals of true eit- | inenship; that tx, for the tultivation not e, Of & high standard of clyic and soclal but of the strength, ot right And common 'sense necessary to_such a standard, With all good wishos, TH DORE ROOSEVELT CQUTPUT .OF PACKING HOUSES Large Increase in Marketing of Hown a8 Compared with Preced- ing Weeki CINCINNATL 0., Jan. 7.—(Speclal, Tele- gram.)—Price, Current . says: . The _ total | western packing is 480,000, eompared with 390,000 the preceding week and $10,000 last year. Since November 1 the total (s 4,885, { 000, against 6,250,000 a yoar ago. . Proml- | hent places compare a8, follows; 0 o 190 “’,'e L 290, 00% 815,000 ourage Wving up Chicago ... Kansas City South Omaha 8t. Louis St. Joseph Indlanapolls Milwaukee Clncinnati Ottumwa. Cedar Rapi Sloux City 8t. Paul INSPECTS IRRIGATION ... WORK 4 Chiet Hydrographer Vikits Oolorado River and Goes Kast with Report, t PHOENIX, Ariz, Jan. 7.-F.'M. Newell, chief hydrographer of the ‘geological sur- vey, has returned affer an inspeetion of tha surveys being made nlong the Colorado river, with a view to future llnl’l!l and i~ rigation enterprises. # He visited the camps of the topegtaplical surveyors In this valley and had & confer- ence withghe officiale having charge of the Tonto basin storage enterprise.’ He left today for Washingten via Denver. FIERCE FIGHT WITH THIEVES One 1s Shot and Fatally Injured by Posse and Another s Capt EAGLE, Wis,, Jan. 7,—As a result of ao encounter early today between a pogse ol Bagle citizens and four burglars who had robbed a livery stable, one robber was shot probably fatally. Two of the four ‘were captured, but: the other two eseaped to the woods. . One of the captured men had on his person two bottles of nitro-glycerine and a complete set of burglar. tools and 'two revolvers: IN- THE PURE GRAIN COFFEE If you use Grain-Q in place of coffee you will enjoy it just as much for it tastes the same; yet, it is like a food to the system, dis- tributing the full substance of the pure grain with every drop. TRY IT TO-DAY. At grocers everywhere; 15c. and 250, per package, A SKIN OF BEAUTY IS A JOY FOREVER Dl. T. FELIX GOURAUD'S ORIENTAL CREAM, OR MAGICAL BEAUTIFIER ¥ag i ra Freckles, - Moth _ Patches, o and_ S0 Dis: ey overy E $ “As you ladies will nd ‘GOURAUD'S C! harmtul o€ all the sale by all druggls! ere in_the U. i Dreparation ‘fupncy goode deal- <ad ‘Burope. . NorRING: Propn fl Gren JTones 8t.. N. ¥, AMUSEMENTS, BOYD'S! ™= FOR ENTIRE WEEK BPECIAL MATINEE TOMORROW AND SATURDAY Klaw & Erlanger's. .unmm Curtain rises at.8 p: m, and ¢ und.’l) and Monddy Nl& “THE HEART OF ARYLAND.! prrirgn OREIGHTON LEPHONE 1581 High Blns Vaudeville MATINEE TODAY | f3s2 TONIGHT, 8115, 10c, 2e and Soc. Prices, HOTELS. ml. and no-‘lu ste HA, NEB. “" MILL‘H u.nn.. Leading , Hotel SPECIAL I'WATLRE LUNCHEON, rlrrY CENTS: ’ 13:30 to SUNDAY. §8 b, m' DINNER, Toe HOT SPRIN(IS. ARKANSAS. capitalists and men well known in the cigar and tobacco business have nearly eom- pleted the organization of a §1,000,00 inde- pendent eigar company to compete with the trust. J. H. Brown, ‘who was head of the firm Jot Browan Brothers of Detroit when that T PARK HOTEL CLASS Finess Cafes w"f of New York. n Recent lmprovements, Open Jan tm to May 15th. Under New Management. J. Hayes, C. A. Brant, Lessees