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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Oct. 15, 1897)
THE OMAHA TATLY BISK ; PltrflAflT , OCWKElt 15 , 1807 , 1 DION CERALDINE'S ' HEARING Stenographic Report of Testimony Taken Before the Oommittco. PECULIAR ADMISSIONS OF THE ACCUSED \VIIIICM rN Toll of I low He Stllflcil SlK-c-lflrntlonii mill Mniillinlntcil MntlL-rM In Connri-tloii tvllli ( lie Contract * . ( Continued from Second Page. ) not think It would lie necessity. So I dla continued the use of the paint. KOUNTZB TBI.LS OF TUB SOIL. Kountzc I will explain here In regard to the soil , having owned tliat property for a long while , that when I first knew that ter ritory uo there the west end of the lagoon was a swamp , commonly known as a slough , and at times was entirely Immpassablo ; could not drive through It. As you went further cast It was at a greater elevation and Iho soli was good. About the time of platting Kountzo 1'laco I graded a Rood many of the streets and the strplus earth that I had was filled about half way between Twentieth street and Twenty-fourth street , and that accounts for that loose earth that you encountered going through there. Gcraldlnc Yes , to counteract that effect I had pure clay drawn by wagons nnd strung along the lagoon to nil In back of the piles nnd tamped. lies 3 water The spoclflcatlrns call that white lead shall bo liberally applied to the tcnguo and groove Joints before driving , Now , you stated that It had been omitted In the actual work to .1 conslderablu extent. To what extent Ins It been omitted or what prop , rtlon of It ? aernlillne Approximately ono half. Roacwater Was there any reduction made for the white lead nnd the work from the contract price ? Oiraldlno Wo settled at the contract price. In the construction of this work the contractor was required to do moro than the contract calls for. The exposition com pany wJs responsible for the delivery of the lumber and the contractor was obliged to stop sveral times to nail , for It. At the cast end of the work the foreman for the contractor put the waling and caps on the sheet piling that was driven against the back walls and terraces. It now stinds there. It wna not a part of the contract. The con- tiactor had several claims of that kind which were discussed and considered nnd finally agreed to settle the matter by set tling at the contract price. I deducted noth ing for the omission of the paint and he received nothing for the extra work that his men did or the expensive delay caused by our failure to deliver the lumber. Itnscwatcr Were these facts repo-ted to the executive committee or to Mr. Klrkcn- dall ? Geraldlne No. sir , they were discussed verbally with Mr. Wattles , who was noting manager of the department nt that time , but no written report was mule. Itosrwitcr I want to call Mr. Connolly. Ucaowatur You were one ot the bidders for the work on the lagoon ? Conn.lly Yes , air , I was one of the bid ders. llKcwjtor And you submitted a bid under the iira advertisement for the lagoon ? Connolly Yes , sir. ItoguuMtcr And that bid , with all the others , was rejected. Connolly Yes , sir. That Is , I was told It was rejected. Hcsewatcr After your first bid was re jected did Mr. Geraldine ask : you to make a revised bid , and on what cnndlWons ? Connolly Yes , sir ; he did. I called on .Mr. Geraldlne , I believe It was the following day , or probably the eceond day , to ascer tain who was the low bidder on this work , nnd ho told mo at that time that I was not. Ho said for me to make up another bid. and he asked mo Tor a bid on what I would dote to provide nil the labor for driving the piles and sheet piling , provided that the exposi tion company would furnish the materials. Ho also naked mo at that tlrne to make an other bid , to bid In another way. That Is , Iho same way really , only Instead of driving the sheet pllo two feet fix Inches In depth , to dig a trench nrotind the lagoon and set the piling , the sheet piling , Into this trench nnd drlvo thorn elx Inches. Instead of two feet six Inches , just drive them six Inches , nnd what my figurm would bo on that basis. I did that. So he also asked me at that time to mnltp a L-Id between the difference In yellow p'no and white pine. I toU him then I did not think I could glvo him a bid on yellow pine , for the simple reason that I could not get any .figures . from the lumber dealers to guarantee- me that they would deliver the lumbeii by September 10. I told him If I was not pinned down to the 10th day of September then I thought I could glvo him n reasonable figure. Hut he warned uno at that time to do nothing unless I could stand by 'It , and I concluded I would not do that , because the lumber people claimed they could not get It here. I put a bid In on It that was probably a little high , but I could not furnish the lumber at that NO TALK OF OHANGES. Rosowatcr If you had been given to the 20th day of September could you have done that work ? Connolly Yes , sir ; I could. Oao week was all I wanted on the yellow plno and on the white plno there was no question aboul doing the labor In that time , because I had lots of time and time to spare. Rosuwater When you made your second bid ilU you complete your bid and make your i-stlniE'tes the original and on plans specifi cations , excepting so far -as you have stated hero In relation to the depth to which the sheet piling was to bo driven ? Connolly Yes. sir. There was no other plans or specifications to hid from at that time , only the original , only Just this verba conversation that Mr. Geraldlno and I had about digging the trench , That was the only dlfforenco at that time. There was no dllfnrcnco In the specifications or plans. Kountzc There were no other modifica tions at this time ' between you and Mr Geraldlno than simply the question of dig ging the trench aud setting the sheet plllnt In Instead of driving It ? Connolly No , ulr ; there were no other modifications of 'tho ' contract considered or upoker. of. Not at that time nor any other time. The only difference was that originally the Bheet piling was to bo driven two fee nnd six Inches and In this a trench was to bo dug and the piles were to bo driven six Inches set in thu trench and driven six Inches , Kountzo There was nothing said obou any other changes , nothing said about using yellow plno , nothing HaU about the mannc of tying the piling back with wlro , as was done ? Connolly No , sir ; no , Indeed , Kouutzc No drawing to chow ? Connolly No drawing. No , sir ; I wll tell you when I found that out , The plans were Identically as drawn at that time , Kountze Helng no difference whateevr excepting as to the matter of the trench ? Connolly Yes , sir ; Just the trench. The only difference was In driving the piling , or Iti setting In the trench and then driving six Inches. Kcnmtze And your bid In the second In Blanco was for setting the piles In the And reat for tiled mother * In a warm bath v.-lthCitTict'nASo.u-.andasluglear.pllcatloa . of ' 'UTICUIU ( oThtmeiitlio ) ! great bkln cure. Cirncuiu lUuiuicg : afford Instant relief , and pglnttonipredy cure of torturing , dls- Oguriiic.huiulllatliif.ltchliig.burnluc.bleed. ing , crusted , scaly eklu aud scalp liutuon , with loss of hair , when nil else fails. aoUlhreiifhoiilthivMld. ronuDacu moduli. Coir ' , Rflfll n4 Htit H'iutiitd t D ' > / ounLr CUTICUIU MUT , rench as Indicated by Mr. Ocraldlne , and riving them six Indies ? Connolly Yci , sir. There was bolh ways. bid to > do the work according to the plans nd specifications as originally drawn , and tso on that bid , then put In another bid , pally AS one bid , stating that If allowed 0 dig this trench and ret the piles In there ad drlvo them six Inches , that I would cnock riff $700. Kountze Arc you quite sure , now , that our bid provided for that ? Connolly Am I sure ? Yes , sir , Kountze For the driving of the piles six nches ? Connolly Well , now , as far aa driving he piles I don't know. Probably It was not In the bid , but that was the Instruc- Ion that Mr. Geraldlno gave me , end ac cording to that Instruction I bid. It It s not In there It was meant for that. There was no way to get out of It at all. That was the Instruction very explicitly aid down by Mr. Qcraldlne. Kountze It docs not appear In your bid. Connolly It doesn't ? \\V1I , that was the ntcnt of the bid. The object was In ilrlvn ng them six Inches ; there Is a bevel on he piling so that when you drive It this > cvel will wedge It up against the next pile as It comes Into the ground. Kountzc Your bid explicitly provides hat It was not driven. If sheet piling Is tllowed to be set in the trench Instead of > clng dvlvcn , deduct $700. Connolly Instead of being driven two feet and elx Inches. Kountze You don't BO explain It In the bid. Connolly The plans and Bpeclflatlons do. 1 bid from Iho plans a.nd specifications. My bid reads , I bcllovc , "according to plans and specifications , " and the plans and speci fications provide for that , PROVISIONS OP THE HID. noscwatcr Did you have at any time vhcn you were making out your bid , or after delivering It , any Information that there would be any change made In the plans and pccilcatlons ( over those In the plans on which you bid $7.100 ? Connolly No , sir. I had no Indication whatever , or any Idea , that there would bo any change made. Koscwater Your bid for labor as you made It Included all the labr and Included also the driving of the piles , did It not ? Connolly My bid provided for driving he mainstay piles , driving the sheet piling , Irlvlng the backstay piles and performing all the Ia1 > or that was attached to the Job complete. And my bid for Ihe labor , If the sheet piling was driven two feet and six nrhcs. 1C I recollect It right , my bid was 12,800. But If the sheet piling was allowed o bo set In a trench , which was to bo ex cavated two feet , and driven six Inches , then ny price on the labor was $2,100 , making a inference In that trench of $700 for laborer or me. Kountze Mr. Connolly , you have a foot note hero In your bid.VI11 you please ex plain It ? You say , the timber to be deliv ered to me on railroad In the exposition grounds ? Connolly Providing that the exposition would furnish me the material 1 would pcr- 'orm thu labor and they wcro to deliver the limber to mo on the ground. If I was to do : ho labor and not furnish the material , then [ wanted the lumber delivered to me there , but If I had got the contract for furnishing the labor and lumTber then I would have to provide my own material , nut that provides hat If the exposition company would award ne the contract for performing the labor I would expsct them to furnish thu lumber to ne at the track at th ? 'grounds. Illdwell That foot note , then , applies to vour bid for $2,800 and not to your bid of ? 7SOO ? I Connolly That Is all. To the $2,800 and he $2.100. Just for the labor. Kouulzc Was the question of the trench ictormlncd at the time that you made this ild ? That Is , that It should be only u toot .n depth end six Inches driven , or was that lor.e after ? Connolly No , at no time. The only differ ence was , Mr. Geraldlno told me the day I wcr. In his ollice that If he allowed a trench to bo excavated two feet In depth what de- luctlon will you make from your original > ld ? That was all. Ho told mo to make a bid on that basis , that wo dig a trench two feet deep and set our sheet piling In there and drlvo them six Inches , to keep them solid and fast at the bottom ; that la all. floscwater If you had been allowed to furnish white pine on the specifications as : hey were executed out hero , could you have made any material deduction from the price that you did make ? You know what has been done out there ? Connolly Yes , sir. Uosowatcr And you know what the differ ence Is between the work as done now by Crecdon & Mahoncy and the way you were bidding ? If you had been allowed to bid tor the work as It Is now done , have you any Idea what difference It would bs in value and what deduction you would have made from your original bid ? Connolly Well , now , I could figure It up In a moment. I would say ( this Is not as near as I could give It exactly ) that I could have made $700 difference. ( Continued Tomorrow. ) STATI3 H ETA 11 * I.ICIUOR I1I3.VI.HHS. lU-orKiinlztt Olit AHNiif latluu on a StriuiKC-r IlnxlH.1 Lite yesterday afternoon the Douglas County Retail Liquor Dealers' association dis solved and the Nebraska Retail Liquor Deal ers' association was organized. The dissolu tion of the one was to some extent predicated upon the organization of the other. The transition occurred at Germanla hall , where a convention of the retail liquor dealers was held. There wcro about 100 of the men In attendance , and the session possessed con siderable Interest to those present. The meet ing was pursuant to a call , issued with a view to reorganizing the old state associa tion. tion.The The delegates were called to order by John C. Tlerney of this city , who stated the object of the meeting. He was made temporary chairman , with William Maloney of Omaha as secretary. Mayor Moorcs was Introduced nnd made the address of welcome. Ho said that in these days , when goad times were surely returnIng - Ing to the state , everybody seemed to be glaO of an opportunity to attend a convention somewhere. They had bc-en kept at home for so long , owing to the hard times , that they were glad to get away now that they felt they could do to without financial Injury to themselves. He extended the full liberties of the city to the visitors and hoped they would enjoy themselves to such a degree thai they would ha willing to return again nuxi year during the exposition and stay a num ber of days. At the conclusion of the mayor's remarks Judge Uowman o ( Omaha delivered an ad dress. He said the convention was a remarkable - able gallic-Ing : of men. Kvery ono of the re tail liquor dealers had In his possession a cer tificate signed by a number ot his fellow citi zens , rutting forth that ho was a lawabldlnt citizen nmjl a first-class man. The law re quired that they should have a certificate before they would be allowed to engage In the business. From that standpoint th& Judge argued that the men before him must be from among the best citizens of the etatt or they could not have those certificates. Ho thru made a.few suggestions to them relative to the purposes of the proposed organization As a. basis for thu association to work upon the constitution and by-laws of the National association were adopted. Other matters pertaining to the business of liquor selling weru dlsciiftied and the session continued till after 7 o'clock before adjourning. The ghosl of the prohibition campaign was flaunted be fore tlu ! dclcgatco by a motion that a com mittee bo appointed to see If the treasurer of the old Liberal league In thin county did not have eomo money on hand which really belonged to this association , This motion did not prevail and after t-omo further talk thn whole subject was quietly shoved to ono side , Permanent officers were elected a follows : John O. Tleruey of Omaha , president ; Wil liam Maloney of Omaha , secretary ; F. Muchow of Hastlngd treasurer , and Jerry Mc.Mahan of Omaha assistant secretary. Del egates to the national convention of the re- tall liquor dealers to be held at Indianapolis next Tuesday wore elected as follows : Wil liam IJutte of Omaha , Mr. Stanton of Tlldcn and Joe Rchromer of David City ; alternates , Charles Krug , H. Uohlff and August Loerke. The delegates were Instructed to try to secure the next national meeting for Omaha for next year. The state association agreed to meet In this city again next year on the first Tuesday after the first Monday In June. In the evening the delegates were fur- nlahedwith a banquet , Interspersed with music , at which abort adrcsseu ivero made by several of the delegates , the tenor of which W B to build A cio cr union between the reUllcrs and manufacturers of the state. There were many good things to cut nnd drink at the banqnct and a good time w. given to everybody. This morning the visitors will be driven over the city by the Omsha members ot tne assoclitlon and they will visit the local breweries and distilleries. | AMUSEMENTS. vt aa"a pqSii ° tfir ' % * < < H Irishmen , orange and green , by birth or descent , do not eo and cnjjy Andrew "Mack In "An .Irish Gentleman" there Is no potency lett In the shamrock and no patriotism In the sons of the Kmcrald Ule. Here Is an Irish play , written and played tiy Irishmen for the most part , with not a single pair of knee Tjrccche * save only one Instance of modern knickerbockers In the whole extent of It. That In Itself Is an Innovation in IrUh plays which should be gratefully received. Moreover , there are no red-coated English soldiers lo oppress peasantry at all , downtrodden or otherwise ; ind the time ot the play Is the present. These things would make acceptable a much Wwrse play than this of Mr. Morris' . But Is a very gooJ play besides , well constructed In most parts and admirably In some , full to the brim ot heart Interest and not too mcloJtamatlc , even at ttn most strenuous pitch , to suit the taste ot the average the ater goer. Ono wishes that iMr. Mack , whoso sense of the artistic fitness ot things seems In general to be all It should' be , would not exploit his sweet , tenor voice during his clandestine meeting with his love In a solo which would surely have awakened every occupant of the house. It Is always a pleas ure to hear 'Mr. 'Mack sing In that pure , high , lyric tenor of his , not strong but of that sympathetic quality which plays upon the heartstrings and makes the eyes wet. liut ho really should not slug at euch a time as that. It Isn't done. This , however , Is not a serious blemish on a generally cn- Joyablo performance and perhaps the author IB more to .blame for It than the actor. Mr. Mack has been seen here before , but never no a star until last night. He has , In addition to the vocal equipment Just men tioned a very pleasing personality , a fair share ot good looks and at least the bc- mcthod. With the assistance of Miss Whltd lie enacts one of the prettiest love scenes In the early action of the play which has over been devised or presented on the stage. He Is less c.nvlnclng in the emotional pas sages , but one cannot expect all things to bo equally well done. Without Instituting any comparisons with other actors who oc cupy the same and adjoining fields , It may be said that Mr. iMack Is a better actor than one has been led to expect by the performances of his possible rivals and that Ills singing leaves little to be desired. The well chosen company Includes Marie Bates , whosa admirable character etudy In "Chlmnilo Kadden , " lingers pleasantly In the memory and who carries a small part In a manner worthy of the highest praise. Maura Sherlock , and little Florence Olp wins all hearts with her pretty face and childish Ingenuousness. Of the men , Adolph Jack son , George W. Dcyo and W. J. Mason deserve special mention. "An Irish Gentleman" will run the week out at the Crelghton. All the Irish men , wo- imn nnd children should see It aud tender hearted. people of other races besides. Something occurred last evening at 'Hoyd's ' theater. No or.o knows Just what It was. It was good , though ; very good. It was callcd'a comic opera and was "Lest , Strayed or Stolen" sure erough. The play was adapted "freely" from the French by J. Chcevcr Goodwin ; the music was by Woolson Morse. The plot hangs upon the loss and recovery of a baby. The music has been gleaned with -a skilful hand and Is thor oughly enjoyable. There Is a dance in the fourth act that Is particularly attractive. The scenery calls for special notice , as It U very seldom that one sees at this longitude such beautiful settings , The stars of Hio show are Anra O'Keefe and Lucius Henderson , who appear In some very clever work In the third act. Mile. O'Kcofe Is a handsome woman In a beautiful gown who sings and acts with an abandon that Is captivating. Mable Botiton , her maid , dances so grace fully that one does not -miss her singing. Orlska Worbcn and Adelaide Nye have good voices and sing In a pleasing manner. Charles DIckson and Bert Thayer have rather trylrs parts and fill them skilfully. The other -members of the * caat are equal to the requirements of their parts. The long waits between the acts need not bo expected In future. The performa&oe last night was the first cf the season. The audience was fairly large and was so en thusiastic that encores were frequent. This evening the second and final performance will be given. There will bo no matinee at Boyd's the ater Saturday afternoon of "Lost. Strayed or Stolen , " owing to the company being 'booked ' to open In Denver en Sunday night and It could not reach there In time If it gave a matinee hero. Thla Is to toe regretted , as quite a few theater parties weits formed who signified their Intentions of attending in a body. All the boxes wcro sold but one and the advance sale for seats was very large. TlV < ClINl-N Of TlM-ft. A. Copeland of 2223 North Twentieth street , lost an overcoat from the seat of his buggy. He had left the vehicle standing at Sixteenth nnd Mnnderson streets , nnd re turned to llml the garment missing. Mrx. M. Underwood missed a saddle from a load of merchandise which 'was being conveyed to the Webster street dnpot. The article wna taken between that place and 1711 Hur- ney street , from which number 'Mrs. Under wood wao removing her goods. Chronic coughcrs are stupid bores and should be forced to use Dr. Bull's Cough Syrup , the only Infallible remedy. I KUSO\AI , I'AUACUtAPlIS.1 A. C. Powell Is dangerously 111. Dr. A. Bear of Norfolk Is In Omaha. W. S. Summers of Lincoln Is a visitor In the city. R. F. Stephens ot Crete Is registered nt the Barker. C. Calkins of Corning , la. , Is registered at the Barker. C. B. Whitney and W. P. Kane left last night for Chicago. J. C. Dahlnmn , chairman of the democratic state committee , is In the city , Mr. and Mrs. George A. Joslyn have re turned home from an eastern trip. State Senator George A. Murphy o ; Beatrice was In the city yesterday. Mrs. E , H. Sprague started on a three weeks' visit to Chicago last night. City Comptroller John N. Westberg left yesterday for a short trip Into the country , Mrs. M , C. Goodaon of'Macon , Mo. , was fn the city yesterday en route to Marysvlllo Cul. James Illvott. T. L. Phelps and A. W Hnrt are Llncolnltes registered at the Bar ker. Miss Florence Ashbrook nn < l Mies Olive White are New York arrivals stopping at the Barker. B. T , Jeffries , an official of the Denver A Rio Grande railroad , was In the city yester day on his way east. W. J. Mason , stage manager , and ten mem hers of the Andrew Mack company , are domiciled at the Barker. I. S. P. Weeks , a civil engineer of Lin coin , has been In the city reviewing the progress of the now union depot. B. K. Sherman and -wife of South Farm Ingham , Me , , tire visiting In the city am will proceed tomorrow to Anaheim , Cul. Nebraskans at the hotels : W , Kmmlng- tcn , Pendcr ; J. A. Harris. Broken Bow ; II H , Hake , Grand Island ; J. J. Sullivan , Co lumbus ; John , Wilson and Jama Wilson Kiurney ; B. II. Irwln , Lincoln ; G. W. Deer- Ing , DeWltt ; AVIlllam Mowbray. Lincoln ; J II. Murphy , Madison ; W , K. Hart. Cozad WIHUm T , Mcllvain. Uralnard ; A. M. Jacob Wayne. At the Mlllard : H. B. Reynolds , Dixon 111. ; W. I ) . Jones , Colorado Springs ; II. F Hotter , Rochester ; L. UeiUon , New York ; A It. Vcrrallyea , Chicago ; Arthur Perry am wife , llrookllne : M. Hewitt , Chicago ; A. H Dean , Helena , Mont. ; J. W. Davis and wife Fort Scott , Kan. ; W. Coffin , Brookllne ; Wil liam F. Tbayer , Concord , N. H. ; R. L. Sprlgg Cincinnati ; J , H. McOee , Davenport ; William Hess , Smlthvllle. S. D. ; H. C. Huskett , New York ; Andrew Mack , New York. JUSTICE HELD RETIRES Soon to Stop Down' from'tin Euproraa Bench. ) LABORS CEASE ON TH : FJ33TOF D CtMBER \oHoo of UHlromrnt HUM Hern lit I'ri'HliIi-nl'M llniutH StunAi > rll Term Uo -ilH Tlint < tr Any of Iltn WASHINGTON , Oct. 14. U was announced at the supreme court today that Justice Stephen J. Field of California had notified President McKlnley ot his Intention to retire as a member of the court and had Informed his colleagues of this fact. The members of the court , after adjournment at I o'clock today , called In a body on the retiring Jus tice to pay him their respects. Justice Field , It Is learned , notified the president last April ot his Intention to retire , but the president did not acknowledge It until October 9. The following letter , addressed to the chief Justice and his associates , "vns given out this afternoon : Near the close of last term , feeling that the duties of my olllce had become too arduous for my strength , I transmitted my resignation to the president , to take effect on tne 1st day of December next , nnd tills he bus accepted , with kindly expressions of regard , as will be seen trom u copy of his letter , which l.s as follows * : "KXUCL'TIVI-J MANSION. Oct. 9. 1S97.- llon. Stephen J. Field , associate Justice oC the supreme court of the United States , Washington My dear fir ! In April last Chief Justice Kuller , accompanied by Mr. Justice Brewpr , handed me your resigna tion as associate justice of the supreme court of the United Suites , to take effect December 1 , 1M > 7. "In hereby accepting your resignation I wlrfi to express my deep regret that you feel compelled by advancing years to sever your active connection with the court of which you have so long been u dlstln- culshcd member. "Entering upon your great olllco In May , 1SG3 , you will on the 1st of next December hiivc served upon this bench for u period Qf thirty-four years and seven month ? , a term'longer than that of nny member of the court sines Us creation and throughout .a period of ypecliil Importance In the his tory of the countrv , occupied with ns grave public questions ns hnvv ever confronted that tribunal for decision. " 1 congratulate you , therefore , moat heartily upon iv service of such exceptlon.il duration , fidelity nnd distinction. Nor can 1 overlook that you received your commis sion from Abraham Lincoln , and , gra ciously spared by a kind 1'rovldence , have survived all the mcmbrs oC tne court of bin appointment. "Upon your retirement bath the bench and the country will sustain a great loss , but the high character and great ability of your work will now live nnd long be re membered , not only by your colleagues , but by your grateful follow countrymen. "With personal esteem and sltuere best wishes for your contentment and Impplnutti during the period of rest which you have so well earned , I nm , dear sir. very truly yours , "WILLIAM M'KINLEY. " My judicial career covers many year ? of service. Having been eltfctcd a member of fno supreme court of California , I assumed that olllco October 13. 1857 , , holding it for five years , seven months and live days , the latter part of the time bciiiK chief justice. On the 10th of March , 1SC3 , I was commiss ioned by President Lincoln a justice of the supreme court of the United States , taking the oath of olllce on the 20th day of the following May. When my resignation takes effect my period of service , on this bench will have exceeded that ofany of my pred- eceH33r- - , while my entire judicial life will have embraced more than' forty yearn 1 may be pardoned for Buying that during all this period , long In comparison with the brevity of human life though In the retro spect It has K ne with the swiftness of n tale that Is told I 'have not shunned to de clare In every case coming beforj me for decision the conclusions which my deliber ate convictions compelled ins to arrive at , by the conscientious exercise of such abll- It'r.i "and acquirements as I possessed. It Is a pleasant thing In my memory that my appointment came , from/ President Lin coln , of whosp appolntpes I Um ttic last sur. vlvor. Ui > to that time there had been no representative here of tho'Pacific , coast. Anew now empire had risen 'In ttie west whose laws were those of another country. The land titles were from Spanish and Mexican grants , both of which were often overlaid by the claims of the first settlers. To bring order out of this confusion , congress passed nn act orovldlng- for another seat on this bench , with the Intention that It should be filled by some one familiar with these con flicting titles and with the mining laws of the const , nnd ns It so happened that I had frumcd the principal of tlieso laws and was moreover , chief Justice of California , It was the 'wish of the senators and representatives of that state , ns well ns t"ioso from Oregon , that I should succeed tothe new position. At their request 'Mr. Lincoln sent my name to the senate , and the nomination was unanimously confirmed ; This kindly wel come was extended In March , but I did not nt once enter on tr-e discharge of the duties of the office , for the reason that as chief justice of California I hud -icnrcl arguments In manv cases , In the disposition of which nnd especially in the prtnaratlon of opln- ions , it was fitting tnnt I should participate before leaving that benph , and I llxed the 20th ofMay as the dsiy on ni-lch to take , as I did. the oath , because It was the eighty- second birthday of my father , who Indulged a just pride at my accession to this ex alted position. At the head of the court , when I became ono of Its members , > vas t'"io venerable Chief Justice Tnney , and among the associate Jus tices was Mr. Justice \Vayle , ivho had sat with Chief Justice Marsriall , thus constitut ing a link between the past and the future , nnd , as It were , binding Into unity nearly an entire century of the lift of this court. Dur ing my Incumbency three chief justices hnvo ( passed away , leaving me precious re membrances of common labors and Intimate and agreeable companionship. IN WAH TIMES. When I came here the country was In t.ie midst of war. Washington was ono great camp , and nca" and then t e boom of cannon could be heard from the other side of the Potomac. But wo could not say "Inter arnm slltnt leges. " This court met In reg ular session , never once falling In time or place , and Its work went on as though there were no sound ot battle. Indeed , the wir : Itself simply added to the amount of litiga tion here us elsewhere , But the war ended In a couple of years , and then came the great period of reconstruction and the last amendments to the /eleral constitution. In the effort to re-establish the nation , to ad just all things to the changed political , so cial and economical conditions , questions ol far-reaching Import were developed ques tions of personal liberty , of constitutional rights , which , after ofttlmos heated discus sions before the people and In the halls ol congress , came to us for decision. I do not exaggerate when I say that no more difficult and momentous questions were ever pre sented to this or any other court. I J-ink back with pride nnd joy to the fact thn I IWUH permitted to take ( part in the consl'1- cr.r.lon of all those Important questions am that not Infrequently I was called upon to express the Judgment of this court thereon And now that those tlim-siof angry debate deep feelings and judicial decision havi passed , It Is pleasant to , realize that thit conclusions announced ! ) > ' tols court have been accepted , not simply of necessity at HO proscribed by the fundamental l.iw , but In the main , us In tl'ianiselves both corrcc and wise , * i t As we nil know , theperiod , of the war was followed by one , continuing even to the present time , of marvHoui material de velopment , Wealth adeumulatcd sucli u.s never before wns ilrcinnJtPof In this coun try. Clguntic nterprl s.i.wore undertaken and carried thiougli. ' Inventions have mul tiplied the conveniences .of life , as well as the iijg.slbllltieH of hPlileyement. Indeed the conditions of lf ! > * - 'Have ' essentlullj chnngtd from these that prevailed prloi to the war. Out of this jrlranged social am economic condition haye.nyrung not merel > an Immense multitude ol cases , but litiga tion of n character Vitally affecting the future prosperity nnit''f'.iftty ' ' of this coun try. To thl ? court hav&Jcome for final so lution and decision nrjtiy of these questions and cases. Hy the blwsinfH of Almighty Clod my health and life nave been pre served , and I hnvo been enabled to take part In the consideration of all the.1-- cases Ft-w appreciate the nias'nllude of our labors , The burdens resting upon UH foi the last fifteen or twenty yeir * have beei enormous. Tne vdumes of our reports show that I alone have written CCO opinions. ] f to these are added flfty-even opinions In the circuit court and Zfa prepared while 1 was on the supreme bench of California , It will be seen that I have voiced the decision of 1.02 cn < 39 PKOPLK ACCHrT THR IlKSULT. If It may be raid that all ot our decisions have not met with the universal npprova of the American people , yet It Is to the great plory of that people that always iuu everywhere has been yielded a willing obedience to them. That fjct Is eloqueni of the stability of popular Institutions ant demonstrates that the people of these wnlted States are capable of nelf sovern- inent. As I look back over ( he moro than a third of a century that I have sat on this bench. I am moro and moro impresses with the ImmffasUMblp Importance of Wi > court Now nnd then we hcnr It spoken ot n i an aristocratic ? feature , of n republican government. Hut It is the most democratic of all. Senator * represent their states and representatives tln-lr couMttuents. but this court stands for the whole country , nnd ns Mich It Is truly "of the people , by the people ple nnd for the people. " It has. Indeed , 10 power to leciflutf. It cannot appro priate n dollar of money. It carries neither he purfl ? nor the sword. Hut It possesses he power of declaring the Inw and In that s found the safeguard which keeps the vhole mighty fabric of government from rushing to destruction. This negative lowrr , the power of resistance. Is the only "ufcty of n popular government , nnd It Is in additional assurance When the power Is n such hands as * yours. With th ! . I glvo place to my successor , jut 1 can never cense to linger on the memories of the past. Among the com binations for all the hard work that a seat on this bench lm | > oseH have been the Inti macies anJ friendships that luivc been 'ormcd between Its members. Though we have often differed In our opinions , It ha * always been on honest difference , which lid not affect our mutual regard nnd re spect. These many years have Indeed been yents of labor and of toll , but they have jrounht their own rewards ; nnd wo can nil Join In thanksgiving to the author of our being that wo have been permitted to spend so much of our lives In the service of our country. With profound respsct nnd record , I am , my dear brethren , very sincerely nnd al ways yours * . STUt'HKN J. FlULD. KKPLY OP TUB COUKT. Following Is the court's reply : SUPUHMM COUHT OP TUB UNITED STATICS. WASHINGTON. Oct. 13 , 1S97.- Dcar Brother Field : We are profoundly nnived by the letter In which you an- lounco to us your retirement from the bench , The termination of a Judi cial caieor of such length and distinction cannot fall to Inspire among all your couii- rymen , nnd. Indeed , 'wherever ' the realm of iurlsprudencc extend" , a keen sense of loss which to your colleagues assumes the nspcct of a personal bereavement. " Kor the Intl- nacy necessarily Incident to the conduct of work so constant so exacting nnd of such vital Importance as ours , Inevitably draws is together by ties of the closest character , which cannot be dissolved without emotions of deep sadness and regret. Wo feel that our parting Involves not simply the doprlvn- lon ot the assistance afforded by your earning , your vast experience nnd your oar- lestne-'s In advocacy of your convictions , .nit the severance of these relations which i.ive contributed so much to lighten the lardost labors of the ro.id. T-.lM ! Is not the time or place to dwell on he reputation you have ach evcd ai n J jrls . The record Is made Ui.o and may safely be commlttted to the Judgment of posterity. But se cannot part with you as a member of the court without a fervent expression of lope that you may be spared for many years to enjoy the repose you have so thor oughly earned nnd the cnmmcndatlon be stowed on good nnd faithful service. We nrc , dear brother Field , your affec tionate brethren. brethren.MKLVILLR W. FULLKU , JOHN M HAULAN , HOHACK QUAY , DAVID J. nmowran , 1IKNHY H. BUOWN. OEOHO13 S1IIUAS , JH. , K. D. WH1TR U. W. PECKHAM. The president apparently has not decided yet upon the appointments that Justice Field's retirement will occasion , save that Attorney General McKcnna will be nomi nated for the supreme bench unless some cauco Intervenes between now and December to prevent It. Mr. McKlnley has made some Inquiries of political callers which have led them to believe that his mind Is pretty well made up on Mr. McKcnna as the next jue- tlce of the supreme court , but to none of them , so far as can be learned , did he men tion the matter of a new attorney general. RUSSIA A\I SUAI.IU ! UUISSTIOX. C/.ar's ( iov < > riiiutii ( Rnforees Very .Strict lli < Kiiliitl < iiiN. WASHINGTON. Oct. 14. Although formal conferences on the Bering sea question will not open until after the arrival of the Japa nese delegates , yet the presence here of two of the Russian delegates has permitted the authorities to Inform themselves quite thoroughly as to the attitude of Hussla on the protection of the seals. It has brought out the fact that Russia takes an advanced position In preserving Its seal herds , and has more stringent laws and regulations In that direction than any of the countries In terested. Under the Russian system a zone thirty miles wide Is established around the seal Islands belonging to the empire. The seals found within this zone are regarded as exclusively Russian , and no one other than the Inhabitants of the Islands can take a seal within these limits. This g'lves ' the Russian citizens exclusive rights over the seals , not only on the Islands , but extend ing thirty miles seaward. A British or Japa nese sealer cannot operate within the zone , except to buy iklns of the Russian 'Inhabi ' tants of the Islands. The Russians them selves r.ro permitted to kill only bachelor soils. It being against strict regulations to kill females or pup seals. The females are guarded with special care , as killing one fe male is regarded as equivalent to kllHng thrco seals , namefy , the female herself , her pup on land and her unborn pup. ino uussian autnoruies see tnat tlieso reg ulations are enforced. A fleet of government ships patrols the thirty-mile zone and any foreign sealer who attempts to operate within these limits Is seized. As n rule the seized sealers arc taken to Vladlvostock , their catch confiscated and severe punlshnunls Inflicted. This lias led to many protests , but Russia has maintained thus far Its rigid regulations against foreigners within the thirty-mile zone. It Is understood to bo the wish of Russia In the forthcoming conference not to stop at the protective regulations already made , but to carry them further \iy Increasing the width of the zone considerably beyond thirty miles. The Russian authorities have found by experience that many of the female seals go mora than thirty miles to sea In search of food. The wish Is to make 'the zone so wide that It will extend to the furthest point to which the females go for food. PntoMlH for \Von < < Tii IiivrntiirH. WASHINGTON , Oct. 14. ( Special. ) Pat ents have been Issued as follows : Nebraska George Grebe , Swanton , horse detacher ; Edgar R. Holmes , Ayr , lamp holder. Iowa George F. Arp , Spirit Lake , whifltlo for gas or gasoline engines ; Horace Catlln. Burlington , clothesline holder ; Ash- ford T. Dowden , Prairie City , segmenta ! conveyor for potato harvesters ; Jacob Schll- llg , Dybart , trnce carrier ; Laban Soscman , Oskalooua. wire fence ; John W , Thurlow , Osccola , hors3 foot protector. South Dakota Arthur F. Crandall and G. W. Byrnes , Hereford , form cabinet. ClrcltCHj Alilimlon.-d. WASHINGTON , Oct. H. In view of the reports of the expected founding of a now city In AInoka to bo known as Wcaro , on the Yukon river between the boundary line of British Columbia and St. Michaels , with the design of making It the capital of the pru posed new territory. It may bo possible that the Interior department may find It neces sary to locate the now land ofllco there In stead of nt Circle City , where It was orlg- lanlly contemplated. Ofllclal reports have reached here that Circle City has been prac tically abandoned. KIK-llIK ( ' ( lllflTH irlfll I'lTNllIl'll * . WASHINGTON. Oct. H. Senator Klklns of West Virginia was with the president today for a long time. Dcsldcs discussing West Virginia appointments the president talked over a number ot public questions and matters which will come before con gress. The president Is very much Inter ested In the campaigns now In progress In New York City. Ohio and Maryland. When Senator Rlkins left the white house It was announced that Dr. D. Mayer of Charleston , W. Va. . had 'been ' selected for consul at Bueuos Ayrcs , Argentine Republic. Apimlnlfil liy Inlrrlor Ilrimrtiiirnt , WASHINGTON. Oct. 14. The secretary of the Interior has appointed K. B. Reynolds of Hagerstown , Iml. , epcclal Indian agent. Also the following appraisers of abandoned mil itary reservations : Oliver C. Applegato and Rufus S. Moore , Fort KUmath reservation , Oregon ; Kdward S. Archer and George W. Rutherford , Fort McDermltt reservation. Nevada ; Ezra F. Barnes and Hamilton Mc Cain , Fort Hallock reservation Nevada ; Charles M , Scrlbnor and Alvln W. Kager , Fort Fred Stcele , Wyoming. AintTlriiii Trmlr u'lfli hivll/crliinil. WASHINGTON , Oct. 14. Consul Germain at Zurich , Switzerland , In a report to the State department eays that Swiss imports from America show an Increase In wheat , woods , agricultural machinery and imple ments , liorses , dried fruits , preserved meats , OVER 2,000 Fell end Winter DESIGNS ! THINK OF IT ! Can you not make a suitab'c ' selection from such a gen erous variety ? It's our aim to please the buyer of a $15.00 suit as much as it is to , satisfy the purchaser of higher-priced garments. We couldn't afford to offer you a mean style , inferior trimmings or poor workmanship at any price , All our work is made under our own personal supervision by the most skilled and competent tailors of Omaha , Wo employ a small army of them. $ $ $ $ $ $ $ $ $ $ Trousers 4,5,6,7,8,9. Suits 15,20,25,30. , , , , , , . , , , , . 209 and 211 So IB.th St. Karbach Block. bicycles and cast Iron goods. A decrease Is shown In raw cotton , leather , lard an l fresh fish. The consul mentions the decrease In the exports of silks to the United States and says It Is due to an unfavorable season , but also to the steadily Increasing competition of the American silk Industry. \IMIH ftir tli ( > Army. WASHINGTON , Oct. 14. ( Special Tele gram. ) Post Chaplain Walter Marvlco has been ordered from Fort Spokane , Wash. , to Fort Huachuca , Ariz. , tor duty. Leaves of absence : Lieutenant Thomas A. Roberts , First cavalry , extended twenty-one days ; Lieutenant William H. Allaire , Twenty-third Infantry , extruded fifteen days. Private John Laplnl of the Twenty-second Infantry band , Fort Crook , has been ordered discharged. Ainrrlftiii ImluMr.v. WASHINGTON , Oct. 14. Un.lted Stntcs Consul Smythe at Carthagena , In a report to the State department , says that as a result of the new United States tariff a most nota ble Increase has followed In the shipment of Ivory nuts from that port to the United Stntcs. The new tariff on vegetable Ivory buttons has caused the crude article to be shipped to the United States Instead ot to Europe , where It was formerly largely manufactured Into buttons. Aiirtnlntnif IIN liy ( ho I * row 111 rut. WASHINGTON , Oct. 14. The president to day made the following appointments : Michael Nathan , New York , assistant ap praiser of merchandise In the district of New York ; Edgar T. Wheelock ot Wis consin , register of the land ofllco at Wauseati , Wis. ; Henry Q. McCrossen of Wisconsin , re ceiver of public moneys at Wauseau. Wls. ; T. J. Buford of Oregon , agent for the Indians at Slletz agency , Ore. Another ClinnKK In Vlcxr , WASHINGTON , Oct. 14. It Is stated that another change Is to be made In the com position of the Nlcnraguan Canal commis sion and In the place for the engineer mem ber of the body. Since the commission wab appointed no less than live'army engineer officers have been appointed to this place or have been invited to accept It. AHNlKiiiiii'iitH In tin * Navy. WASHINGTON , Oct. 14. The Navy de partment today issued orders to Commodore Howell , at present In command of the League Island navy yard , to take command of the European squadron , relieving Admiral Selfrldge ; and Commodore Uewoy , president of the Inspection board , to command the Asiatic station , relieving Admiral McNair. \i-\v Fourlli CliiNM I'oNtiuaxtPrH. WASHINGTON , Oct. 14. ( Special Tele gram. ) Fourth-class postmasters appointed today : Nebraska Seneca , Thomas county , William II. Kllllan ; Thcdford , Thomas county , Charles E. West ; Wclwcrt , Custcr county. Henry Burllnghame. Iowa Spaulding , Union county , A. A. Whltmer. ItoliliiHon < o Itfllre. WASHINGTON , Oct. 14. Augustus G. Robinson , assistant quartermaster general , will be placed on the retired list of the army tomorrow on his own application under the forty years' service clause. Ho Is a native of Maine and was graduated at the military academy In 1S ! > 3 , A ) > | imln < TN Appointed. WASHINGTON , Oct. 14. ( Special Tele gram. ) Charles M , Scrlbner and Alvln W. Eager were today appointed appraisers of lands In the Fort Fred Stcele abandoned military reservation , In Wyoming , at salaries of $4 per diem , Dully TrtNiMiry Stiiti'iiiriit. WASHINGTON , Oct. 14. Today's state ment of the condition of the treasury : Avail able cash balance , $211,7Cfi,08S ; gold reserve , $149,1175,655 , DcatliM of a lltiy. TECUMSEH , Neb. , Oct. 14. ( Syoclal. ) Sid. ney n. Vlcle died at 'tho home of his son , Otto Vlele , In this city , yesterday after a ! ) lllnces of six weeks. Mr , Vlelc had been In poor health for some time , and paralysis was the Immediate cause of his death. He was 74 years of age. He was Iwrn In Luerne , N. Y. , and inovoil to Nebiuska from Wa'rcn county , Now York , nineteen years ago. The deceased was an old soldier. His wife died last year , and ho leaves n family of grown children. The funeral will bo held at tint Ilaptlut church 'tomorrow at 11 o'clock , Rev. George Scott officiating , assisted by Itov. T. I ) . Davis , The burial will bo conducted by the Grand Army post. PARIS , Oct. 14. Tito Crespo , the son of General Jnaquln Crcspo , president of' ' Vt'iiczUPla , Is de-ad. He was 30 yrars of age. ELDORA , la. , Oct. 11. ( Special Telegram. ) ! At the county poor farm hero this morning Pa'trlck Smith died at the ago of 100 years. At one time ho was quite wealthy , ( diver ( -onvlrli'il. IwBAVB.VWOUTII. Kan. , Oct. H. Joseph W. Oliver , the aged veteran , was found guilty In the federal court tonight of the attempted murder of Colonel A. J. Sm/.h , late governor of the federal FOldler'H homo near this city. The governor's home iuts wrecked by an explosion of dynamite on Juno 10 last , nnd the t-ovunur : nnd Ma fnm- jly had annrrow escape. Oliver , the veteran convicted today of the outr.ige , had jirtvl- ously threatened the governor. Will \V'irli AUIllllNt tll < - IllllKlH. At a meeting of the Building Trades council last evening a resolution was unan- Imounly adopted ru lllng that Inasmuch as the directory of the TranhnilsslSBlppI I5x motion hnd refused to recognize organized labor In the work of erecting the exposi tion Im'Idlm ; , that c.iqh union represented In tinloucll be cullOd upon for u umull per ca' . i fx to rulHB H fund to be Ufc > ed In a cu i-alMi in opposition to the liond which the county will be usked to vote ut the com'.iii : election. lllij.'l.TJilir Ill-Ill for Trial. Walter S. Phlpps , charged with stealing a bicycle belonging to Frank ! H. Hroadfleld , wus 'held to autilt the notion ot the district court in default of l'-M bonds , i I.OCAI , miHVITIKS. County Judge Haxtcr has appointed J , NcU son Stewart administrator o ftho estate ot Catherine Erbcn. A permit has 'been Issued to II. L. Young to build n two-story frame dwelling at Thirty-first and Dodge streets. "Tho Con-.paratlvc llasls ot All Things" will bo the subject of D.\ Leo M. Franklin's dis course at Temple Israel this evening. Serv ices at 7:45. : The $25 000 Intersection bonds ordered \ Btu\l by the city council sonic time ago will be sold at the same time as the special bonds otx the Fiirnam nd Center street dis tricts. A farewell reception will bo given Dr. and Mrs. S. n. McCormlck this evening , October 15 , In the par'.ors of Iho First Pres byterian church. Their friends are cordially Invited. Euclid Martin has been appointed admlnls- tiutcr of the estate ot William J. Maxwell , who was killed on a farm near Sydney last August. His bond Is $3,000. The estate Is said to bo wo'th ? 3t > 00. According to a bill of sale that was filed with the county clerk yesterday , the Omaha. Engraving company plant has been trans ferred to Mary Falrbrothcr. The ccnsldcra- tlon In the Instrument Is $1.100. Edward Jackson was arrested yesterday for riding n bicycle upon a sidewalk near Twentieth and Pacific streets. The pave ment is being taken up nt this point and the wheelman sought to avoid the bad places by using the sidewalk. Mrs. Josephine Frazler has been arrested for petty larceny. For Some time past she has been working for the family of Joe Danbaum , 60S South Seventeen-th street. Yesterday Mrs. Danbaum missed some silver ware , table linen and other articles valued la all at $15. A warrant Is out for the arrest of John iHoiirlhan , formerly employed as a night bell boy at the Dellono hotel. It Is alleged that a few nights ago Hourlharc visited the room of Elmur 13-illard , Fourteenth street and Capitol avenue , and took clothing valued at about $15. J. W. Johnson will be arrested for an as sault upon Andrew J. Gustophprson , at Nine teenth and Clark Htututs , Lust night thu two men , purchased a growler nnd adjourned to Gustopherson's rooms. Trouble arose over a game of cards and Johnson Is said to have- knocked Gustopherson down. Joseph GebcII , 'father cf Frank Gcboll , boy who was run over and killed while crawlIng - Ing under some railroad cars In the South Omaha > ards on September 2 of this year , has begun suit in the district court to re cover damages of $ ! i,000 from the Chicago , Rock Island & Pacific company. Anne Kubanck has started suit In the dis trict court to secure a divorce from her hus band , Joseph , on the grounds of drunken ness. The couple were married on September 17 , ISS'.l in Lincoln and have three chlldrqn. The wlfo desires the custody of the children and also as alimony a reasonable part of her husband's $75-a-month salary , Leo Itaroch says In connection with the arrest of D. D. Robb , charged with perjury by James Whalcn of the Omaha Garbage company , that It Is untrue that he ( Daroch ) has 'been ' out of the city. In the case pend ing against Hobb It his been alleged that Mr. IJaroch drew a certain amount of his salary upon an order , said by Robb to have been forged. This sUcinent : Mr , Uaroch says la a falsehood and that he ha been lane no way connected with the affair. KOItKCAST DIi' TWIIAV'S WKA.T1IHH. I'arlly Cloudy ivllli Unlit Local SluiwerN IIIK ! Cooler. WASHINGTON , Oct. II , Forecast for Frdi'.v : For NehrasUa Partly cloudy weather ; probably light local showers ; cooler and winds shifting to northeasterly , For South Dakota Tlieatonlng weather ; posvdbly light local .s.iowcrn ; north to cast winds. For Iowa Fair , follmved by cloudy anil threatening weather ; rool'r ; varlnb'.c wln s , shifting to northerly. For Missouri Fu'r ' and warm weather Friday cooler Friday night ; rouihcrly winds , becoming vnrl.ible. For Kansas I'robnbly fii'r Friday ; warm southerly , shifting to cooler northerly wlnd.s Friday evening. For Wyominji CJenerally fair , preceded by pl'owcrs In southeast portion ; colder In southeast p.nd wiirmcr In northwest portion tion ; variable winds. OFFICB OF TUB WBATIIBfl lUWBAL . OMAHA , Nob. , Oct. ) : . Iteconl of rainfall and temperature compared with the corre- spcndlng day of the p.'iHt three years ; U97. l&na 1693. 1S3I. Maximum temperature , , ! H 70 C8 CO Minimum temperature . , 70II 42 40 Averages temperature . . . . M m M M Halnfull (0 ( ,0) T .00 TU-cord uf temtiernturo and precipitation nt Omaha , for this day uui : since March 1. U97 : Normal for the day Kt Kxct' i for the dtiy , 27 Accumulated cxceco vl-cs March 1 . . . .3115 Normal rainfall for the day "S Inch Deficiency for the day 08 Inch Toliil rainfall Hlnco March 1 . . . .1G.47 lnche Urflclency Klnce Mnrc-li 1 1M.ri Inchi-a l'xce-s& ; for c'or , period , ISM ! 3S7 Inches Deficiency for cor. period , 1S95 , , , ,1.71 | nthe Ili-piirfH from SfiilloiiM lit 8 | i , in , 75th McrlUlan T > me ,