Omaha daily bee. (Omaha [Neb.]) 187?-1922, April 27, 1894, Page 4, Image 4

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    THIS OMAHA DAtLY BEE : FRIDAY , APRIL 27 , 18M. ?
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n.llrc.wd tn The llco I'ulilinhtnit company ,
Oi mlin. Draft * , flitfloi nml pmlnllleo ntdi-M to
In Hindipnvnlile Iti tlt onlcr of llio cotnniiny.
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HTATHMENT OI' ' C1HCUI.ATION.
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rcductloni for uin M nnd rnturned
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Hilly nvornRa not clrculntlon . ZZ.BSZ
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flworn tn before minnd milxerlbc 1 ill my prcs-
once tills 3d day rif April. 1S ! > 1.
N. 1' . KUIfi. Notary Public.
Indiana rcpubllranlsm Is keeping right In
tlio front row.
The consensus of opinion Is that tlio ran-
tanUcrous Scott 1ms sentenced himself to one
term In public office.
The town of llrccklnrldge. Minn. , lias
naked the postmaster general to change
Its name. Can any ono blame It ?
Chairman Wilson of the house ways and
means committee Is sorely needed In the
senate to show the snnatorlal leaders how
fo whip the democratic majority Into line
on his tariff bill.
"Any court that makes differences in the
administration of Justice bt4we'n criminals Is
an abomination and Is unworthy the respect
of anybody. " This Is what Judge Scott said
In passing sentence.
The friends nnd admirers of the colonel
who never wore a uniform say that he cannot
help acting as he does because ho has wheels
In his head. That might bo a good pica In
mitigation If there was not so much method
In his madness.
Of course Senator Stewart couldn't resist
the temptation offered by the tariff debate
to Inflict a free silver coinage speech upon
the senate. A silver speech from Stewart
Is a fixed appendage to the discussion of
any and every subject that may come be
fore the senate ,
An eastern paper entitles a weighty ed
itorial "Democrats nnd Diamonds. " Why
the ono should bo coupcdwlth | the other it
does not venture to explain. If , however ,
the democrats remained long In power none
of us would bo wearing diamonds after the
lapse of a very short period.
The worklngmen at Lynn , Mass. , are agi
tating a proposal for the establishment of a
co-operative shoo factory , In which they ex
pect to furnish employment to themselves.
There is certainly an open field for co-opera-
tlvo enterprises at this particular Juncture ,
when capital Is timid as to venturing In now
undertakings.
Citizen George Francis Train has hired n
hall In Washington and will speak , on the
Coxoy movement. Ho has Invited seventeen
senators to hear his speech. When the
citizen spoke In Omaha in 1872 , and again
last year , ho predicted a revolution , and Is
entitled to the distinction of being the
original Coxeylte.
Hotheads In the Central Labor union will
liavo gone a step too far when they decide
to arm their members against the encroach
ments of the capitalistic foe. Their remedy
1" In the ballot
box. Fortunately the men
who Indulge In such wild talk are not the
true representatives of the better clement
of organized labor In this community.
The Dee is In receipt of a number of al
leged poems whoso themes nro predicated
upon the march of the Ooxeyites upon Wash
ington. Ono of these spring-born efforts
makes "Omaha picrhynio with "Iltibbard's
yo" very well , but In other respects it would ,
If published , tcrrorlzo the Iowa militia , nnd
for that reason It has boon consigned to the
oblivion of the wnsto basket.
It Is to bo presumed that the democrats
among the representatives of those forty
business houses at Council niuffs who
passed resolutions so laudatory cf Governor
Jackson burled all partisanship In their
eager efforts to ilvo cro.Ilt to so praise
worthy n public official. H Is clear that no
political motive actuated this spontaneous
outburst of heartfelt gratitude.
Ilallroad beneficiaries In Council niuffs
omitted censure of the Union Pacific railway
for dumping Kelly's swordless nrmy upon
that iiulet city , preferring to saddle the
whole responsibility upon Onihha. It
nerved tha Interests of their business better
to make u scapegoat of Omaha rather than
offend the general freight ngont of u rail
road over which they ship merchandise.
Proceedings nro to bo begun under the
laws of Illinois to have the charters of
the various companies comprised In the
Chicago Gas- trust declared forfeited. The
trust's trust In the righteousness of Its
cnuso will not prevent It from entrusting Us
defense to the best lawyers It can obtain
anil fighting for existence to the last tribu
nal to which It can appeal In case It loses
the suit In the first Instance.
Alderman Keller of Council Illuffs protests
'with these words against Governor Jack
son's conduct of the recent military fiasco
lit connection with Kelly's nrmy : "Wo
have been Ignored by the governor right
from the start. Wo wore not oven allowed
to be In the room where the consultation
was hold on the first night of his visit ,
( f this bill ( for supplies ) Is to bo paid , let
llio governor pay It. " For all of which the
good citizens of Council Illuffs "commend
the wise , vigorous and humane course of
Governor Jackson. "
TIII IttitllT r on TO ti
The ircniul clatixo tit the resolution Rtibmlt *
ted by Senator Allen to HIP senate with ref
erence to Hip current reports that unarmed ,
law-nbldlns and ji-aceably disposed but unemployed -
employed Rltlxcnn ot ihoL'nltcd States are
about to | ) < iru.ibly asicmblc tn Washington
to pnlltlon the government for n redress of
their grievance- * reads as follows : "That
cncli persons have nn undoubted a right to
visit and ns.icmblo In the city of Washing
ton for any nnd all purposes as In any portion
tion of the territory belonging to Iho Juris
diction of the United Stales , nt all times
being amenable to the law for any violation
thprcof. "
Doth press nnd pulpit that have been hurl
ing the epithets "tramps , " "cranks , " "vaga
bonds" and "criminals" upon the members
of the various Industrial armies that nro
making their way toward the federal capital
seem to have forgotten that the mere lack
of employment docs not operate to deprlvo
any citizen of the United States of Ma
rights tinder the constitution. The rights
of citizenship do not depend upon wealth or
poverty , upon Idleness or steady work at
one's occupation. They purport to Inherit
In the citizen In whatever part of the coun
try ho may happen to bo. So long as ho
violates no laws ho Is entitled to their pro
tection , nnd statutes Intended to deprlvo him
of any constitutional right are themselves
Illegal nnd without validity.
The very first of the ten amendments to the
federal constitution , amendments which were
proposed and adopted In order to Incorporate
n bill of rights Into the fundamental law of
the land , provides that congress shall make
no law "abridging the right of the people
peaceably to asscihblo and to petition the
government for a redress of grievances , "
and almost every state constitution Includes
a similar clause with reference to the state
legislature. No ono will deny the right of
citizens , whether employed or unemployed ,
to assemble for lawful purposes wherever
they may be. Many have , however , Inti
mated that this right stops with the flrst
assemblage and that there Is no right to
move on AVashlngton In order to present the
petition In person. But the right of as
semblage would bo but a shadow of a right
If It did not cover the delivery of the peti
tion to the government to which It Is di
rected. Any group of citizens certainly have
n constitutional right to send one of their
members to Washington to lay their com
plaints before congress , and if they can send
one they cart send two or three or go them
selves.
But wo are not compelled to rest the right
of the citizen to go to Washington upon the
Implication to bo drawn from the right of
assemblage guaranteed by the drst amend
ment to the federal constitution. That right
has been expressly afflrmed by the supreme
court of the United States on moro than ono
occasion. In the famous Slaughterhouse case
reported In 1C Wallace , referring to the pro
hibition contained In the fourteenth amend
ment against any state making or enforcing
any law which abridges the privileges or
Immunities of citizens of the United States ,
Justice Miller , speaking for the court , said :
"Lest It should be said that no such privi
leges and Immunities are to bo found if those
we have been considering are excluded , wo
venture to suggest some which ewe their ex
istence to the federal government , Its na
tional character , Its constitution or Its laws.
Ono of these Is well described In the case ol
Crandall against Nevada (6 ( Wallace , 36) ) . It
Is said to bo tlio right of the citizen of this
great country , protected by Implied guaran
tees , of'lts conbtltutlon , 'to como to the seat
of government to assert any claim , ho may
have upon that government , to transact any
business he may have wliJi It , to seek Its
protection , to share Its offices , to engage In
administering its functions. ' " And the three
Justices who dissented from the decision of
the court In this famous case did so not be
cause they denied the rights of citizenship
enumerated by Justice Miller but because
his enumeration did not extend far enough.
No ono , of course , is In this country priv
ileged to do violence to person or property
or to disobey the laws that have been en
acted to preserve peace and * good Border. But
every citizen has a constitutional right to
wend his way peaceably toward 'the seat of
government. Ho may go 10 Washington by
rail , by wagon , or afoot , as ho may prefer.
Ho may go to Washington alone or In com
pany with other peaceable citizens. Deprecate -
cato the fact of the existence of the Indus
trial armies as wo may , ridicule the pur
poses of their march , deny the possibility of
their accomplishing any good , their right to
go to Washington under guarantee of the
constitution Is undoubted and they are en
titled to the protection of the laws while ex
orcising that right In peace.
FOll T1IU CrtXTKST ,
Notes of preparation for the contest of
next November , which Is to determine the
political complexion of the next house of
representatives and possibly of the senate
also , are beginning to bo hoard. The repub
lican congressional campaign committee. Is
getting ready to enter upon the work that
devolves jm It , and as shown In the recent
Interview with Its chairman , Representa
tive Babcock of Wisconsin , the committee
Is fully alive to the character of the task
It has before It. While the republican vic
tories throughout the north within the last
year have tended to raise republican confi
dence to the highest point , It Is said that
the leaders of the party do not conceal
from themselves the fact that In order to
regain control of congress vigorous and per
sistent v.-ork will have to be done.
In the present house the republicans have
12S members 121 from the north and seven
from the south. The house consists of 35C
members , a majority being 179. In order to
secure n majority of the next house the re
publicans must therefore win fifty-one seats
In addition to these they now hold , and
these must bo won In the north , ns there is
no certainty that any gain can bo made In
the republican representation from the
south. There are ninety-six congressional
districts In the north represented by demo
crats In tlm present house , so that the re
publicans will have to 9apturo more than
halt of these , assuming that the democrats
will hold Uiqlr own In the south , to obtain
control of the next house of representatives ,
It Is quite possible , of course , that the re
publicans will make gnlns In the south , but
U Is not safe to count upon any , nnd the
ftsht must bo made to recovnr the districts
In the north that wore lost In 1890 and 1S92.
Thpro Is certainly reason to bcllovo that this
can be done and something more. If the
popular feeling that now prevails shall con
tinue until November , and the probability Is
that It will be Intensified In the meantfmo ,
the republicans ought to regain not only
what they lost In the last two congressional
elections , but capture districts where the
democrats have hitherto been Invincible ,
Ono obstacle that Is to bo taken Into ac
count Is tlu democratic gerrymanders tn
several of the uorthorn states , but this may
nqt prove so formidable as U seems. Jn
the present house the states composing the
solid south have 121 democratic representa
tives. It 'they rctnln this representation In
the ttoxt IIOIIBO they must clod fifty eight
member * In the nothorn ntntcs In order to
sreuro a majority , or considerably mow
than half llio present number of
democratic representatives from the north.
It would seem prttty safe to say that under
existing conditions they will not bo nblo to
do this.
The democrats evidently do not Intend to
allow the contest to go by default. The
lenders show n determination to make the
very best fight they can. The democratic
congressional campaign committed Is a
strong organization nnd Is said to be backed
by almost unlimited moans for campaign
purposes. U Is also getting ready for the
work It has to do. The National Associa
tion of Democratic Clubs , to which Mr.
Cleveland n few days ago sent n loiter of nd-
vice nnd encouragement nnd n money
contribution , Is nlso preparing to take nn
nctlvo part In the campaign. It Is said that
the democrats In congress ore more anxious
now about the possibilities of the elections
next November than they nrd nbout legis
lation , nnd nrc directing nil their energies
toward an early adjournment. They want
to get back to their constituents and ex
plain to thorn the democratic policy re
garding the tariff and the finances , which
they assume the people they represent do
not understand. A great many of these
.representatives . will bo astonished to find
that their constituents have a most Intelli
gent comprehension of that policy.
The situation Is undoubtedly very greatly
In favor of the republicans securing control
of the next house of representatives by a
largo majority , possibly almost reversing
the position of parties , but there are two
conditions necessary to nchlcvo this. Ono
Is the selection as candidates of men of
first rate ability nnd character , nnd the
other Is to make the flght for their election
aggressive a'nd persistent.
ASSRSSQttS SHOULD DO TlIKlll DUTY
Whenever anybody urges the nssessors to
discharge their sworn duty without fear or
favor the men who have had the benefit of
n pull by which they have evaded their just
proportion of taxes raise their hands In horror
ror over the danger that the levy for city
and county taxes will swamp everybody.
"Walt till the .levy Is limited to 1 per cent
on actual values. Walt awhllo longer and
things will adjust themselves. " We have
been waiting for years and years , but the
same crowd always sings the same old tune ,
"Just wait a little longer. " And the same
crowd Invariably blocks every' effort to get
the charter amended so as to provide for a
city or county assessor and limit the levy
with a view to compelling the raising of the
assessment.
If the assessors do not do their duty this
year the same Jugglery and trickery will bo
resorted to when the legislature meets next
winter to prevent n change In the charter
that would limit the levy. The only way In
which the change can be effected Is after
the assessors have done their duty and
brought the assessment up somewhere near
actual value. Just as soon as the assess
ments have been raised the men with a pull
get together to Induce the legislature to
limit the levy to the lowest possible notch.
They will not bo able to help themselves In
any other way. As a matter of fact the big
gest kick against raising the assessments
comes from parties whoso fortunes are
chiefly In personal property ; the men who
own bonds , mortgages and chattels and have
money In bank. So long as the real estate
assessments continue at extremely low valu
ations they manage to get off with listing a
very small part of their holdings and having
them returned at ridiculously low figures on
the plea that you cannot rightfully list the'm
except at a mere nominal figure.
The result is that the men who own real
estate , and particularly the middle class of
homo owners , have to carry the bulk of the
burden of local taxation. A mere glance at
the assessment roll In this city must con
vince any rational man that the personal
property listed Is out of all proportion with
the real property returned by the assessors.
In ftct there are millions of personal prop
erty In this city owned by capitalists and
corporations that does not contribute a penny
Into the city or county treasury. Every
body admits that this Is all wrong , but the
beneficiaries of this Inequitable system will
still keep on protesting against any change.
"Havo patience. Just wait a little longer.
Don't ! Don't ! Don't.or ! everything will goto
smash. "
It strikes us that wo have been waiting too
long already. If the assessors had done their
duty years and years ago wo should have
had the levies cut 'down and taxation made
more uniform and equitable. Let the as
sessors do their duty now and leave to the
commissioners and the council the responsi
bility of adjusting the levy within the limit
of the estimated needs of the county and
city during the coming year. There is no
very serious danger of a 0 per cent tax after
this year If the assessment is Increased ma
terially. In any event the legislature will bo
In session next winter and the limit will
doubtless bo fixed so as to enable us to
raise no more by local taxation .than wo shall
actually need. By all means lot the nssessors
do their duty , let consequences bo what they
may. _ _ _ _ _ _ _
TRYlNti TO GET TOOKTIWlt.
There appears to be substantial ground
for the statement that the democrats of the
senate nro trying to effect a compromise on
the tariff bill , the extremists making con
cessions to the conservatives , In order to
unlto the party In support of the measure.
In the course of the debate In the senate on
Wednesday upon the question of fixing a
date when the bill should go Into effect ,
Senator Aldrlch made the point that no one
know the form In which tlio bill would bo
presented finally for the vote of the senate ,
for it was reported that negotiations were
In progress on the democratic side for the
purpose of catching votes for the passage
ui mo uiu. aonaior vest denied tlio state
ment , saying that so fur as ho know It was
absolutely Incorrect. Mr. Aldrlch adhered
to the statement , saying that ho knew
changes arc being made In the bill from
day to day to secure votes on the democratic
sldo of the chamber. The announcement of
an effort at compromise was made on the
authority of Senator Brlco of Ohio and
verification of k appears In a published letter
of the senator to the democratic loader In
the lower branch of the Ohio legislature ,
written a week ago. In this Mr. Brlce
clearly Implies that ho has been active In
endeavoring to bring nbout an arrangement
by which the full democratic vote In the
senate could bo secured for the bill/ The
particular senators .to be placated are Hill
and Murphy of Now York nnd Smith of Now
Jersey , all of whom want a number of
changes In the tariff bill and are strongly
opposed to the Income tax proposition.
According to trustworthy reports the
senators of the dominant party are seriously
concerned over the- prevailing discontent
throughout the country among the working
classes , and surely It Is tlmo they were.
If they have really come to a realization of
the full significance of the situation , which
Is doubtful , Jnslci ( Lof nnxlnty to IMS * the
pending bill AS soon as possible they would
cither drop U or recommit It with Instruc
tions that It bo rerlscd throughout to ac
cord with the evident demand of n large
majority of the people. The passngo of the
pending bill would not remove the prevail
ing discontent among the working classes
nor materially relieve the business depres
sion , ns the supporters of that measure
profess to believe- would. It contains no
promlsp of restoring prosperity to n single
American Industry , jk'hlo It would certainly
do great Injury to iujny. In Its present
form Its effect wouTdibe not to foster homo
liidintrlts , but to durtroy them. That being
the case , how could depression be lellovrd
nnd the discontent of , labor removed by the
passage of the bill ? The Industrlea of the
country , It Is assured , would speedily adjust
themselves to the now conditions. Doubt
less some of them would , but not nil , nnd
such as did uould bo nblo to do so only by
further reducing the wages of labor , thus
aggravating nnd Intensifying the discontent
of the working classes. As was said by
Senator Lodge In his very able speech
against the pending bill , "tho reductions of
wages thus far made'are trifling to what
will como If this bill becomes law and men
seek to ndjust themselves to the now con
ditions , " nnd this must bo apparent to
everybody whose mind lu open to convic
tion.
It Is ImpoislblH to gay with any degree of
certainty what will bo the result of the
effort making by the senatii democrats to
"got together. " Senators Hill nnd Smith
have declined against nn Income tax In the
most unquallflud terms and It Is not easy
to see how they could justify themselves In
voting for the tariff bill with that tax In
cluded , whatever concessions In the
customs schedules might bo made to them.
Still It Is possible that they may bo Induced
to vote for the bill by satisfying their de
mands other than for the elimination of
the income tax. In any event , however ,
It Is highly Improbable that the dominant
party can pass the bill by the date at which
Its supporters desire It to go Into effect.
The republicans sppm more detoi mined now
than ever to prolong debate , and , as nt
present Indicated , will refuse to enter Into
any ngreement to > fix a date for reaching a
final vote. They propose to thoroughly dis
cuss every paragraph of the bill , till all Its
provisions are laid bare , ns Senator Hale
declared , nnd no man In the country , what
ever may bo his party or his employment ,
will be left without a 'full knowledge of all
Its defects and enormities. If that purpose
Is adhered to It will be Impossible for the
sonnto to pass the bill before Juno 30 , though
every democrat should bo committed to Its
support.
When Kelly's contingent landed In Iowa
the railroads centering In Council Bluffs
spirited away nil their empty cars and
switch engines , abandoned their trains , both
freight and passenger , and bottled up the
traffic of Council Bluffs for nearly a week.
This caused a great deal of confusion , an
noyance and actual loss to the shippers of
that city , for which there was In fact no
excuse. When Kelly'quietly marched away
the railroad ofTiclals-acrfiss the river had to
Invent some sort of justification for their
treatment of Council Bluffs shippers. They
could not throw the blame upon the Union
Pacific , because It 4s' a powerful feeder.
They could not forcq the responsibility
upon Governor Jackson , because ho had
acted upon their fldvlce. They could not
make a scapegoat of KeJIy , because he had
decamped. It finally transpired that Omaha
was the arch offender ; - and as such must
suffer the consequences.
Frank G. Carpenter , who Is now penetrat
ing the heart of China as the representative
of a few leading American newspapers ,
contributes a letter to The Sunday Ben of
great interest to all classes of readers. Dur
ing his visit to Shanghai ho gathered much
Information in fields hitherto unexplolted.
His story of a visit to the office of a
Chinese newspaper will attract the attention
of American newspaper men generally. He
pictures high life In the great Asiatic me
tropolis in a manner that will cause many
to revise their Ideas of how the human
family exists and moves in the Celestial
kingdom. The manners and customs of the
Chinese are treated of entertainingly. Our
readers cannot fall to appreciate this valued
feature of The Sunday Bee.
Notion has been served upon the city of
Omaha , the state of Nebraska and the United
States of America that no more Kelly
armies will be permitted to invade Council
Bluffs from the Nebraska sldo under penalty
of being hamstrung and quartered. Dur
ing the Franco-Austrian war of 1SC6 the
late John Gllpln , territorial governor of Colorado
rado , s > ent a cable mcsago to Emperor Louis
Napoleon warning him that no Interference
with Bohemia should bo allowed by Colorado.
What the emperor said on that historically
memorable occasion has not transpired. It
Is suspected , however , that ho made Just such
an exclamation as Cambronne Is credited
with when Napoleon's guard was asked to
surrender at Waterloo.
A Cuncoiloil Condition.
Indianapolis Journnl.
The worklngmen who nre staying nt home
und holding down jobs aru a thousand times
UK numerous as those who utu trumping to
Washington.
A Dlx nt Ihulcl'H Kiln.
Globe-reniocnvt.
When Cleveland spenlcs of "petty nnd
ignoble jealousies" In the democratic party ,
ho means to Kuy , of course , I hut David 13.
Hill Is a very provoking person.
Tli I'opnlur Dciimml.
Cincinnati Commercial.
The pet5plo demand n policy that will de
velop our natural resources ; thnt will give
employment to those who labor ; that will
furnish opportunities" for their energy nnd
rnteiprise. This explains their determina
tion to iclegate thaidemocratlc party to the
eternal shades. . , ,
The Itcnioily'for tlm Kvll.
Philadelphia1 Press.
Why not postpone1 action on the demo
cratic tariff bill until tile beginning nf the
next session of conKrctM.ln December ? Thut
would give the peopler'qf ' the whole country
a chnnco to record n"yea and nay vote on It
nt the polls In NoVpnlder. Nobody could
object to thnt course/except those who are
afruld to trust the pQple.
Cnu8 anil , Knoet.
New Yo/lt Reorder.
Strikes , mobs , disorder nnd rlotlnp are
reported from all oyr iho country. These
things are larnentofde , but unavoidable.
They are all part fftlie ) , hnrvest of tariff
reform of which thqj wqrklngmen , who nre
now gathering It In , bitterness , sowed the
Heed In Joy on November- , 1892. They will
know better In .November , ISM.
The IteKftiiurntlou of Colorado.
Denver Republican ,
Ono thins U certain , nnd that la that
Colorado , through the possession of nmny
piwmlnliiK' gold mines. Is In a better posi
tion than almost any other Htnte In Uiu
union. Tie ) depression In tlie silver mining
Industry corresponds to the depression
which exists all over the east In nearly
every line of business. There Is nothing In
the east that correspond ) ) In activity to golil
mining In this state. Uold mining lias been
stimulated rather tlittn depressed by the
hostility of the ndmlnlBtiutlon to Oliver.
Uold has appreciated , und thus It liua become -
como practicable to work many mines thnt
u few years ago could not have been
worked , owing to the coat of production In
proportion to the vuluo of the cold when
extracted.
ASSAILS LIBERTY'S ' BULftABK
Decision In tlio Oontompt Cnso a Nov Ity in
Tyrannical Procedure.
SUBVERSIVE OF INDIVIDUAL RIGHTS
Motntrotn Diictrlnn Kmiiiclntrd from the
llrnch IlrlMilicd by tlm 1'ri'M of the
Country lUlltor * IliprrM Their
Contempt for the tluilgo.
Schuyler Herald : It Is n question whether
Judge Scott of Omaha Is crazy or n case of
small man trying to fill n largo place. The
public , as well as the bar of his district , ore
disgusted with his vagaries. He ought to IIP
lockcp up before ho docs serious harm ,
Scott's autocratic persecution of The Bee
and Uosewater Is his latest eccentricity.
Fremont Herald : Kdltor Itosewater of
The Boo was sentenced by Judge Scott to
$300 and thirty days In Jail for contempt of
court. 'Rosy" promptly took his medicine
and took dinner on prison fare yesterday ,
saying that Moshcr's menu was good enough
for him. If Scott Is going to Jail everybody
that calls him a crank they will have to en
large the jail.
Chicago Dispatch : The whDlo country Is
Interested In the arrest and temporary im
prisonment yesterday of IMItor Hosewatcr
of The Omaha Bee on a charge cf contempt
of court. The affair Is n hl h-lunded out
rage In the name of the hw , nnd cannot
fall to exert n powerful Inflmmca upon the
future status of free i.pecch nnd the llrcrty
of the press. * * Judge Scott Is n dis
grace to the bench and should be iHired
to the obscurity ho has c-irncd.
Plnttsmouth News : Judge Scott , the
Omaha Jurist , tried Edward Hosewater for
contempt , and after a farcical exhibit flnml
him $500 , with a thirty-day Jail s < mtonc
thrown In for good measure. Fortunately
for Omaha and the state generally , Judge
Scott's court Is not one of last resort , nnd
an appeal will bo taken to the supremu
court at once. Four years Is too long n
term for the Infliction of such a man as
Scott on n community. The constitution
should bo amended that " "
so n "rotten" Ju
diciary could be cleaned out In less tlmo.
Lincoln News : Judge Scott of Omaha has
onci- more distinguished himself by prosecut
ing , trying and sentencing Kdltor Hose-
water to Jail. If Judge Scott has any friends
left In Omaha they ought to take him out
Into the pale moonlight and beat some Judg
ment and fairness into his head. Without
entering into the merits of the case , It Is
patent to every ono that Judge Scott Is using
his position as Judge to revenge himself In
an unmanly and unfair manner upon men
who have been his private enemies. Mr.
Koscwatcr was doubtless speaking by the
card when IIB said that "If he had been
guilty of contempt It was contempt of his
fellow citizens for helping the late Colonel
Scott to become Judge of this district court. "
Chicago Herald : The day has gone by for
punishing newspaper proprietors or anybody
else for contempt of court In using language ,
verbally or In print , criticising , censuring or
even libeling the Judges. Contempt of court
nowadays consists only in disturbance of
proceedings In court while In session. In
terfering with the court's processes , the
juries or witnesses ; conduct In the imme
diate presence of the court calculated to
bring It Into disrepute or In resistance of
Its authority and disobedience to Its lawful
rules and orders.
It Is not contempt of court to publish a
vituperative newspaper article about the
judge , even criticising his judicial acts , nor
to steal the Judge's pockctbook , nor to
assault him on the street , unless the assault
Is an actual Interference purposely with
his discharge of his official duties. A judge
Is not a consecrated person. If be Is the
victim of a libel , or a larceny , or an assault
nnd battery , the offender must be arrested
on complaint , tried and punished like any
other criminal of the same degree com
mitting a similar offense against any other
individual. The Judge cannot take the law
Into his own hands and punish the llbeler ,
thief or ruffian summarily for contempt of
conrf. The statutes In many of the states
accurately define "contempt , " and provide
for Us punishment.
Judge Scott should be prosecuted for false
Imprisonment and should bo Impeached. So
should all other judges who wantonly exer
cise usurped power , or u'e the powers of
thalr office unlawfully , vindictively nnd op
pressively against individuals. Divinity does
not hedge about a Judge. His powers and
duties nre prescribed by law , and he must
keep within the law while exercising and pjr-
formlng them.
Topeka Capital : There Is in thn minds of
American people a profound respect for the
judiciary. It is based upon Its hlsu legal
nnd personal character , nnd the purity nnd
Justice of Its decisions. This li true of nil
our courts up to the supreme court of the
United Stntos. No force or power has done
so much to maintain a high public fcntlir.cnt
regarding the Integrity and learning cf the
courts as the press of fhe country. The
newspapers of every btato , nt least S5 per
cent of them , are strongly and distinctively
the advocates of law and order , conferva-
tors of the public peace nnd supporters of
the Judiciary. We believe that every fair-
minded judge who has been long upon the
bench will say that the judiciary has no
more efficient co-workers than the pub
lic press , and thai , the action of the courts
is only criticised upon very rare occasions.
These criticisms have been Indulged In
so seldom , In fact , that some judges
have been led to the erroneous conclusion
that their" acts are different from those of
other public servants and not amenable to
examination and discussion. We nre aware
that some judges hold that a newspaper that
undertakes to discuss a case In court before ,
during , or after trial Is a proper subject
for commitment for contempt. That , how
ever , Is n ponit that has never been settled ,
nnd but few newspapers nre half ns anxious
to try cases ns the lawyers are to have
them tried In the papers , and but few news
papers have the bad taste to attempt to
prejudice public sentiment during a trial.
As to criticism upon the general conduct of
a court or a Judge , there can bo no doubt
It It Is done In the Interest of justice nnd
fairness that Judges have no special rights
In law protecting them from such observa
tions of the public press other than govern
ors nnd presidents havo.
Dubuque Telegraph : Judge C. R. Scott
of Omaha sentenced Editor Itosowntcr of
The Bee of that city to Imprisonment In
Jail for thirty days and pay a fine of $300
for alleged contempt of court. The "con
tempt" consisted In the publication | n The
Bee of a local article In which It was Inti
mated Unit Judge Scott discriminated in
favor of Influential persons charged with
crime and against the friendless an uninflu-
cnttal. For writing this the reporter was
committed for contempt ; but , not satisfied ,
Judge. 'Scott , ordered the arrest of the
editor , who knew nothing of iho nrtlclo
until It had appeared tn print , and nlso
committed him. Mr. Hosewator was taken
to jail nnd locked up , but ho did -not long
remain in dtiranco vuo , ror six nours inter
he was released on n supersodcns Issued
by the supreme court of the stato. Inas
much as Mr. Hosoxvator was not aware
that the I reporter had written the offensive
nrtlclo , nnd he had no knowledge of It what
ever until after Its publication , It Is , of
course. Impossible that he could have In
tended an affront to the dignity of the
court. In the circumstance * , ho was no
moro guilty of contempt , legally or morally ,
than the benighted denizen of mid-Africa ,
and his committal to jail was , therefore ,
a IhlKh-hnnded , arbitrary judicial outrage.
The moral right of any judge to a&sumo nn
offense against himself , and , when the
alleged offender has been brought brfore
him , to act ns accuser , witness , prolocutor
nnd < jury , nnd to pass condemnation , Is ex
ceedingly doubtful ; and , In vlow of the
declaration of the federal constitution that
no person shall be deprived of life , liberty
or property without duo process of law ,
his legal right Is also doubtful. Kqulty
suggests that , at least In cases In which the
alleged contempt Is by publication , an as
sumed affront to the dlgnltof ono judge
should bo tried by another judge and not
by the accuser. But all this aside , the sen
tence pronounced upon Mr , Rosow.Uer was
wholly unwarranted. There was no excuse -
cuso for It , and \ho \ deportment of Judge
Scott leaves room for no other conclusion
than that ho was animated 'by a spirit of
vlndlctlvonoin , and that he abused the
authority of his ofllco to gratify personal
malice , He has certainly demonstrated his
nnfltness for tbn place he fills , .and Mr.
Hosowater will render the causa of justice
a service It be shall uao his personal In
fluence nnd tlip Influence of tils J mrnnl to
effect Scott's Impparhmrnt nnd rctnov.ll ,
Chicago llccord Them Is n JiHUfl.tblo
nnd an tmjiistlilnblo way of criticising ix
public official , and oven n judge on the bench
Is not no sacred n personage that n MOWN-
papnr Is debarred from cxpros-ilng nn honest
opinion as to the wisdom or honrsty of his
nct.i. If there Is now a greater freedom on
the part of the press In criticising n judge
than there formerly was , It Is In a great
in ens urn due to the conduct of Iho judges
themselves Whatever apparent nanctlty
used to bo felt for the Judges uf our courU ,
much of It has bcon sacrificed by the judges
In the unseemly scramble too nmny of thum
go Into to secure their oinccs , When n can
didate for a jtldguslilp rcHorts tn the sntito
tactics to secure his nomination und election
that n village constable employ ! ) to secure
his position the former must not feel hurt
If the public regards ) the two as about on a
par personally.
If n judge once elected1 uses his position to
secure a continuance In office , or to "make
himself solid , " ho must expect the contempt
which the public may fool and the news
papers express.
Contempt of court nnd contempt for a
man who happens to be a Judge are by no
means the same thing , and oftentimes n
judge may do a thing that will bring the
whole judiciary system of Che Rtnte Into
greater obloquy than will all that any news
paper could say of him Individually.
When a Judge holds that any fair criticism
of his nets is n contempt of court ho has
mounted n higher horsa than ho can ride.
SALT LAKE , April 20. ( Special Telegram
to The Boo ) Under thu caption , "Hose-
watur vs. Scott" the Tribune publishes the
following editorial from the pen of Judge
Goodwin : "If wo mlMnUe not , Mr. Rosewater -
water of Omaha will give Judge Scott his
day In court yet before ho gets through with
him. It Is evident by the dispatches that
Judge Scott Is not a real good man to have
on the bench. It Is evident that ha has n
temper which , when aroused , steals away
what little reason may bo naturally In his
head. Wo take it further that ho Is a very
small man. If ho was u real manly man , he
would ask Mr. Rosewater Into court nnd
make n public apology to him from the
bench. We nro glad that Rosewater got In
that last lick. It was beautiful when
he told the judge to his teeth :
'If there Is anything I am guilty of , If I have
been guilty of any contempt at all. It Is the
contempt of my fellow citizens for helping
Colonel Scott to become judge of this dis
trict.1 Rosowntcr Is not bigger than a pleco
of chnlk , nnd his health has been most dell-
cnto for several months , but ho Is ns smart
as a whip , nnd Inherits the pertinacity of
his rae ? , nnd wo predict that before Judge
Scott gets through with him ho will bo callIng -
Ing on the rocks and the hills to bo falling
on htm , for he will bo stung worse than the
gad files stun ? lo , and It will erve him right ,
too. No Judge over had to establish either
his Integrity or his fitness to servo on the
bench by nn nrbltrary exorcise of his power ,
and Scott's determination to send Mr. Rosewater -
water to Jail without giving him even a nearIng -
Ing shows that he Is a nonpareil judge on
n long primer l > nch , nnd that the white
wash which he selected for himself only
brings out more fully the stains on his char
acter. "
KKLLY , COXKV CO.
Chicago Times : The advice of the com
missioners of the District of Columbia to
Coxoy and all other Commonwealers to stay
away from Washington would be regarded
with moro respect If It was less palpably
Inspired by self-Interest.
Sioux City Times : It was not enough for
Omaha to shove the Kelly army over onto
Council Bluffs. Omaha abused the people of
Iowa for the manner In which they met the
burden which Omaha shunted upon them ,
and then en mo across the river to make the
matter worse.
Chicago Tribune : Whatever else Kelly
may or may not accomplish ho has suc
ceeded In raising a first-class row between
Omaha and Council Bluffs. Ths anger of
the latter at Its treatment by Omahn Is en
tirely natural. The latter has made n
shameful exhibition of itself.
St. Louis Republic : Congressmen who
talk of driving the Commonwenlers out of
Washington after they get there may find
law for that course. Next March there will
be- law for driving a great many congress
men out of Washington' for not belonging to
that larger nrmy of true commonwoalers who
vote ns'they think.
Minneapolis Times : The spirit of bravado
assumed by the Industrial gentlemen Is be
coming too pronounced. They throw them
selves on the charity of the cities through
which they pass ; they- expect to be fed and
clothed and transported free because they
belong to a so-called army. There Is no
army. There Is no means of telling who
belongs to It and who does not.
New York Journal of Commerce : One rea
son for placing the national capital In the
forests on the uank of the Potomac instead
of In Philadelphia , or New York , or ono of
the southern cities , and the sole reason for
giving congress exclusive Jurisdiction over
the capital city and Its surrounding ? , was to
protect It from just such mob demonstra
tions as Coxey and Fryo are leading. Con
gress may ooi fit to encourage this sort of
thing now , but the people of Washington
are certainly entitled to some protection.
All power of protecting themselves has been
taken from them by the people of the United
States. They have no municipal or terri
torial government that they have any voice
In creating or Influencing. They have not
even a delegate In congress , as Oklahoma
has. Is It a decent thing for the rest of
the country to unload Its vagabonds on the
people of Washington ?
tut tftr'n riiiK
tlm closing day , when Oencn I N.
Grunt sum iinnblo lo use his voice , ho hml -
constantly nl his head n memorandum pad
and ft pencil. These ho employed to write
massages to tlioso nbout htm. In the Inter
vals of writing upon his "Memoirs" ho
would address upwards of a dozen notes n ff
day to Dr. Douglas , Ono of the most notnbUi f *
of these communlcnllon.i , nays n writer In J'
MrCluro's , \ \ IHrltleii on the 2d of July ,
tlm month In which ho died. It shows ( Jen- i
oral Grant's full knowledge of what ho wu.s
facing , nnd his regard for these about hlta.
It Is Is follows :
"I ask you not to show this to any ono
except the physicians you consult with , until
the end. Particularly t want It kept front
my family. If known to one man the impel *
will get It , nnd they ( the family ) will got It.
It would only distress them , almost beyond
ondiiranno , to know It , and by rollcx action
would distress mo. 1 have not changed my
mind materially since I wrote jou before In
the aaniB strain. Now , however , 1 know that
I gain strength some days , but when I do i
go back It Is beyond where I started to ,
Improve. I think the chances nrc very da- !
cldcdly In favor of your being nblo to keep
mo nllvo until the change of Weather toward _
winter. Of course there are contingencies '
that may arise at any time that would carry '
mo off suddenly. The most probable of theno
Is choking , Under the circumstances life la
not worth living. I am very thankful ( "Kind"
was first written , but scratched out and
"thankful" substituted ) to have boon
spared this long , bccauso It has enabled V
mo to practically complete the work In
which I take BO much Interest. I cannot
stir up strength enough to review It. and
make additions nnd subtractions thnt would
suggest themselves to mo and nro not likely
to suggest themselves to any ono pise. Under \
the nbovo circumstances I will bo the hap
piest , the most pain I can avoid. If tlu-ro
is to bo any extraordinary cure , such ns
some people bcllovo them Is to bo. It will
develop Itaelf. I would say , therefore , to
you nnd your colleagues to make me ns com
fortable ns you can. If It Is within God's
providence thnt 1 should go now , I am ready
to obey his call without a murmur. I should
prefer going now to enduring my present
suffering for n single day without hope of
recovery. As I hnvn stntcd , I nm thankful
for the providential extension of my tlmo to
enable mo to continue my work. I nm fur
ther thankful , and In n much greater degree .
thankful , because It has enabled me to see
for myself the happy harmony which ho
suddenly sprung up between those engaged ]
but n few short years npo In deadly conflict. . ,
It has been nn inestimable blessing to mo A ,
to hear the kind expressions toward mo r < * -J
In person from all parts of our country , from x - -
people of all nationalities , of nil religions ,
nnd of no religion , from confederates nnd of
national troops alike , of soldiers' organiza
tions , of mechanical , scientific , religious and
other societies , embracing almost every citi
zen In the land. They havu brought Joy to
my heart if they have not effected a euro.
So to you nnd your colleagues I aeknowledgo
my Indebtedness for having brought mo
through the valley of the shadow of death
to enable mo to witness those things.
"U. S. GRANT.
"Mount McGregor , N. Y. , July 2 , 1SS3. "
3'1IK , liA1131V. .
Boston Bulletin : A relic of n lost race
the empty poeketbook.
Indianapolis Journal : "You will never got
nloiiR , " sneered the clarionet , "In hplte of
your two bonds , "
"Why not ? " n ked the bass drum.
"Ilopause everybody beats you. When
nnyiiody tackles mo I make him blow him
self. " <
Gnlveston News : A hint to the wise I"
sulllclent , provided the wise are dlsposedt
tnkf It.
Dnnsvillp Rrcezo : The small boy with tlio
punt of bis tiousers torn Is not n landlord ,
but he frequently rnlsc.s the rent by stand- \
lug on his head.
Tld Bits : A well known colonial Judge ,
who Is an Irishman , recently told n witness
who wna somewhat verbose In his answers
to "hold his tongue nnd give his evidence
clearly. "
Judge : JTrs. Noxtdoor I hnvp found out
onp thingnbout that Mrs. Ncwcomo. Who
ever she Is , shn has ncvpr moved in good
society. Mr. Ncxtdoor How do you know
Hint ? Mrs. Nextdoor She ahnkes hands us
If she meant It.
Somervllle Journal : A debating society In
n ro-educatlonnl college out west got all
broken up over the question : "If a glr )
really likes a young man , Is It possible for
him to kiss her against her will ? " The
members 'of the society stopped debating
the question finally und went to trying It to
see.
Washington Stnr : "It seems too bad , "
said Mr. Easywell , "Hint authors and re-
vlowors do not got on together better. "
"Yes , " replied his wife ; "the world seems
to be quite wrong. Judging by what ono
reads , the critics should nil bo novelists und
the novelists nil critics. "
Indianapolis Journal : Mrs. Youngpop
Willie swallowed n J5 gold piece today.
Jfr. YounBpop That proves what I was
saying to Watts this evonlnpr as wo came
home on the car. I said thnt the boy liao !
good stuff In him.
QUID NUNC.
Life.
There was a Jolly bachelor
Who died nt eighty-eight ,
And by his will the good man left
The whole of his estate
To women who bad answered nay
When asked by him to wed ,
For he declnrcd he owed to them
The happy life ho'd led.
BROWNING , KING & CO.
CHANGES.
When the weather changes , perhaps then
you will change your suit anrl if you happen to
be short on change you will find our ten dollar
suits never change color and after you have worn
ono awhile you will change your notion about
tailor-shops being the only plaoo on earth where
tailor-maclo suits are sold. Times have changed
so much in the last fowyears that it is no longer
the only proper thing to wear tailor-shop clothes
and have a tailor's bill to pay. Wo are showing
ono of the finest lines of spring suits and over
coats , for boys and men , ever prduoed , and wo
can heartily recommend an exchange of some
of your loose change for a change of apparol.
BROWNING , KING & CO.
S. W , Corner 15th and Douglas Streets.
, The largest makers and sellers of Fine Clothing on Eurth.