The Omaha Daily Bee. ESTABLISHED JUINE 1871. (XMAIIA, WEDNESDAY aiOHXIXG, JANUARY 1, 1002- TWELVE PAGES. SINGLE COPYl if i7- -Cl J OMAHA GR0WSvrE LMt Yinr Ont f ! Priiperilj u. INCREASED BUSINESS IN ALL LINES Hi Brink if Tradt tr Induitrj bit Felt th. Uplift. FIGURES TELL TALE OF YEAR'S GROWTH Dittllii hfotmtii ii All f th Moat Batiifaotorj t. TROSPERITY SHOWN IN BPIGHT COLORS V'.pry .Miiterlul Intcrct of City Minim a DUtlnct Ailvnnec Dur liiB 1001 nn C'oiupureil with 1U00. Hunk cleiirliiK, 1001 . . . . :ta,()-l3,tlHS Incrcime over 1000 'J'? Y'? IIiiIIiIIiik permit 1001.. ::to,aoo Inurcnnc nvrr 1000...... Ileal KlMle nnlm, 1001.. Itenl Kktutc iiinrtKiiKc" l'llcil liMH Itenl Kntnte jnnrtKUKcii rcleti:il 1001 C'npltnl InveMcil In neiv fiictor(en( 1000 Number! of hnniln rm- lilnyeil In nrw fuctorlc Ker jiilililiiK Iiuukcn mldcil dnrlutcl 1001 r,',r,r,-i:vn :kmi,ooo a,iiH,:to: l,r.oa,7r.7 il:i,000 nui ii i m i umana con look buck on tho year 1101 witn consinorablo complacency. While no Tho commltteo of tho United States sen colossal iifrldcs wore modo In any dlroc- ators Included Senators' Koan, Hawley, tlon. the ttcady growth In all lines of busl- Pioctor, Ilurrows, Warren, Scott, Quarlci, " nn io continued development of tho material interests ot tho city wcro-such as ucnoioik healthy activity. jouoemBavo uxtendert thnlr territory, manuracuwies havo lncreuaed their plants, rotallcrs Hive been busy, and every artery oi commijfciai or industrial cntorpriso nan puisnitd tun and strong with the nro ot a great city. Nearly a million and a half ol (mllars wcro expended In building during tliyuur, and almost the entlro sum was InvrMed In liomcn. In this respect tho year-Ktr unique and satisfactory. Tho yeir preceding had witnessed tho erection of numeral pretentious buildings In tho Job district, great structures to huuso At enterprises, and so located as to t tho greatest showing for tno growth tho city. Tho lust year has nothing, 'radically, of this sort. Tho building operations wero carried on quietly but steadily, and to review the results one 'must visit every quarter ot umana. ro particular section was favored, but all prospered nimo. An increase ot juu.vuu In tho total cost ot uuuuings over mo year 1900 Is a fair indication of tho activity in this lino. ' Mnuiifiiclnrlnnr unil Jobbing. V 1- 'JiMMI rnnllnl TBI lnvmtili: In ew manufacturing Venturis In Omaha dur- ing tho yenr and quite aa much more was added to the capital of nstabllshoi cntor- ..i. Thn in.inMlnn In this direction has ' .... I V. -mn I lu tHn fnttf nnnn . ronll-n lln 1 .ri-nt. Nonrlv 6o names nro on tho nay -.iiu ,.f n, ..; feinrie nml mor than COO Ibavo beeu added to the pay rolls of tho old, so that New Yoar'n day finds almost 1,200 more people In Omaha diawlng pay ' m i i I reguluriy irom ninnuuiciunnj; ciuurprmva than did New Year's one year ago. It Is tho pay roll that really marks tho pros- porlty of a community. To add a thousand names to the roster of those engaged In manufacturing means to ndd at IcnBt half .. . I that many to tho rosier or tnoso who servo In other lines. No effort has been made to obtain accurate figures on this point, but It is safo to assume that at least a million dollarn has boon added to tho Omaha pay rolls during tho year. It Is tho "dinner pall brigade" that makes a city and Omaha -vtitchcs with prldo tho swelling ranks ot the army of wngo workers. In the wholesale district the growth ol h- , mni .mufneinrv. Nnw nrm- handling staplo lines opened tholr doors to identified with the Commercial club of that the trade 'of the west nnd established city camo hero this morning to Inspect Con houses extended their operations Into new vontltm hall and acau ro Information to be .-..i.,. vmm .!, ,o,.i inKe n ihn uod In connection with a public auditorium Pacific-even to the islands beyond-and frnm AlA.UrL In h Isthmus Omaha sells -n ThA nrmv nf trnvaitnir unieamnn ih .n.1.1.1 nf ivin " ",, . ' " .nr.r wn . Con,- v .h nriHItlnn of mnnv new A..r. mm n,i there l. nnt nnw n tato or territory In the west from the lakes to tho ocrn that U not regularly vlslteil by the roprchentatlvcs ot Omaha ,,.vu. i.i. .,i,.i hni,.. m,i. mr nf t.u.inM. for 1001 as compared with 1900. II nil i:tiitf nml l.onnn. liiirlnc the carlv months of the year thero was a fairly acttvo movement of real estate. but tho spurt was soon over and trans- actions during tho last six months have been quite limited. This Is accounted for Dy real esiaio men on me grounu inav ui present prices and under existing conditions owners can better afford to hold their prop erty thun suli. Ilcntnl rates havu been uniformly maintained and the Income from Improved real estnto has been sternly and satisfactory, whllo tho unimproved real es- tato la constantly Increasing In vnlue. A most encouraging sign of the times Is found In tho record of real estate mortgages, the number and vnlue at loans paid oft being greatly In exces nf tho number nnd vnluo of Incumbrance ussumcd. From tho sher- Iff's oflk-e comes the complaint that thero are so few foreclosure sultH that part of tho ollke force will bo dispensed with dur- Ing the coming year, lux collections bavo been prompt and In excess of 19(H), showing that monoy Is plentiful and that owner desire to protect their property holdings. In thfso facts thero Is much of comfort to mono who nave pinntu tucir laun to Omaha's future In all othei wsonlln) Itenw the record pf tho year Just ended 1b. most satisfactory. Crlr.io tins bioti Icvs nud tho grind of the courln has run lower. Thoro wero more llres and the tiro louses wcro heavier than ilnrlnir 1SC0. Ulriiin nnd deaths wore fewer In 1901 than lu WOO. but tho number who .... ,, , , eninn Into the world waH lu exresK uf those Mho dopartcd. lliiukiug operations show r . . !.. ,1... ii .,... ,v. ,U1C. nv i.m,r , rigcregate fur the year being consldorJbly In xccsa of $1,000,000 a day. No disastrous failures occurred lu any line of business, From South Omaha comctt the same 'o d story of iiitlvlty In oven- bunch of tbo meat packing Industry aiTniiinaiivdiK rron ' failure Is In a lariro mcamro responlldo for tho slight decrease in fatile rwelpts. iioin hog and sheey recclpta show a large gain over tho yoan l.efor-. nnd the nutnut of the naklnc houses - (Continued on Soveath Page.) CONDITION OF THE WEATHER Forecast for N-brnska Fnlr Wrdnedny and Probably Thursday: Southerly Winds, incoming Nurtliw'1-.iterly. -mth t urc ill Omnlin eterliiyt Ill-It. I in ii r. lieu. i i in :ir m p. n ::i :t n. in ::n i m. in :tn r. ii. n :n i p. in ...... :t." 7 n. in i ." II n. it . ... 7 it. .f s n . tti II n. in Ii7 111 ii. in tin II n. 111 ..... . :i- vi m :n HONORS TO SENATOR SEWELL llllll)' VlfMCll ll)' TllUUMlllllfl unci llurlnr In .Miulc with .Mlll tiiry Ceremony. CAMDEN, N. J., Doc. 31. Tho funeral of the Into United Stntcs Senntor William Jnven Sewpll tftrtlf ritnen tndnV from the scwoll mansion In thin city. From 10 to 11 o'clock tho public wns permitted to vlow tho tody and thousands passed around thy blor. Tho services were conducted liy lllshop John Scarborough of tho Protestant HplBCopal dloccso of New Jersey, assisted by Itcv. It. A. Roderick of this city. At tho conclusion of- tho services threo acr- gcans from tho Third regiment and battery of tho National Guard of New Jcr- sey carried the casket to a caisson provided by tho W k'ar department, ond tho cortrgo proceeded to Harlclgh cemetery, whero tho body was burled with military cert-muiiy. AmonK the honorary pan hearers wcro Hecretury or war Hoot, Adjutant ucnorai Corbln, Governor Voorh'rcs, (lovcrnor-clcct .Munihy. ex-Unlt:d States Attorney Oeucral (jrKKRi a. J. CnsBatt, president of the Pennsylvania Railroad company, and Clement A. Orlscom, president of tho In tcrnatlonal Navigation company, I AH nt thn pnnnlv nml rltv nfllr-pft nml tnnat " " . r. ' ..,-...-"..... cit trwi iinmnenft nntme-i wprp cmseri irnm nnnn unm 1 nvtnw Date, Cockroll, I'ettus, Harris, Fostor, Cul 0m, Aldrlch, I'cnroso, Klklns and Turner, Tho house commltteo wan composed of tho New Jersov deleaatlon. All of tho county and city olllces and mni nt th )im,inn hmmpa vxrn rirwnd from n0on until l o'clock FORAKER SCORES A VICTORY .Secure 1'lrilKP (if Tto Toleiln Men to Support Illi I'm- Krnm CINCINNATI. Dec. 31. Tho flcht between tho Hanna and Forakor factions for con trpl of tho Ohio legislature became acute in Cincinnati today, when It became known thftt two Toledo members of tho houso wcro hero In conferenco with Senator Koraker, They wore followed to tho city by tho chairman of the, central commltteo at To- e,j0 nna nepresontatlvo'Doraath of Toledo, j,ot, Hanna men Tho result of tho day's conference was a p0rakcr victory in thai tho two Toledo men who first arrived gave tholr pledge to support tho Foraker progrnm. At a meet lu5 uc. JK-um mi viuntj 'jeri;.MUv- "'Kt tho three senatoro and the ten rop "uu"'u, uu"uiiuuiy i" bu.uuh tho -'oiakor candidates. A statement was given out that tho pend- In. Minlit.l 1 1 ' n r nn. nnn hatnrnnn O.nnln.u -vj,, . " ".i mwv uvi.nubu uvmu.w.o Foraker and Hunna themselves for su promacy lu Ohio, that tho party would not rixoKiie u.u coiuesi mcuonai anu w "o iiamuiou couiuy memocrs wnuiu give respectful nttcntlon to tho advlco of the lnr.ul rnultllenn nrirnnlanHnn In whlnli - r. unwuiauuy ruuu0iiueu uo tho dominating Inllucnco. Mr. Cox said to- "'k Hio present trouble was "due to tale- larlnK gossips, not to any leaders, and uovo " "earing in fiit.ifa nrvnlrtot nnunnn ' ,wuv, ' QET IDEAS FROM AUDITORIUM ttiiiulin Ilelrsiilen Inxper.t Kiiiihiik city Convention Hull nml Study I "ii nil HnliiliiK. KANSAS CITY, Dec. 31. (Special Tele- gram.) A party of Omaha business men "lc" Omaha Propose, to build. In the I'y wero j. u. un. u. u. uonra, m. r, Funkhouser and C. O. Poarsc. "Wo Intend to build a convention hall to cost about $225,000," said Mr. Kunkhouscr, """ re out on a tour of Inspection gath- "ring Ideas. Wo wore at St. Umls yoBter vjsjtcd all Its largo halls with a tBiH uii.u ..uu u8 H01- , , The visitors wero tho guests of Sfcro tary E. M. Clcndonlng of tho Commercial cub tlhl,91 mo",lnK al"1 wer" ,,,10wn onven tlon hall. They expressed surprise at Its creatncM and many good qualities. The manner of raising funds as originated by Kansas City was also Investigated. Tho visitors leit ror umaua at noon. STRANGE TRAGEDY IN HOTEL i I Vouni? Woninn Demi nml Mmi IlnUl Wounded round In Ilunm. ST. I-OU1S, Dec. 31. When the police tonight forced In tho door of a room In the (lould hotel they found the Inanimate body of a young woninn, subsequently Identl (led ns l'eitrl Sutton of Jersvyvllle, 111, lying on tho btd and near It Charles II Ilnlcomb of Corsicona, Tex., fatally wounded. Tho Sutton woman had been struck on tho hoad with u sharp liietru- mcnt, evidently a hatchet, nnd Ilolcomb was ruft'crlng from bullet wounds. The pollro havo been unable (o unravel tho mystery surrounding tho tragedy. Ilolcomb. who was In n comatcse condl Hon, whispered: "I did not shoot myself, n don't know who tsbot mo or tho girl." No ono known when the couple entered Jlolcomb's room, but It Ib supposed to have I been rarly Monday morning. Movement ttt Ocenn Vecli Dee. .11. ,t New Yorls-Snlled; Celtic, for Mver nook FtirneHsla. fur Oliisuuw. , A J'l!,,fArr!x:fA'v ,'ll.,.nl,,lftl1. fro I inirpuiu, lur rn, uuiiii.' . u, i i:H,,i.r v u w v r.,i.,...i . ci... from San Vrnuclsco via Honolulu aiiii Aurkland. At Astoria. Ore-Arrived i liarUontln- ivuileld, from Ismiuu. Sailed: Unrka Fife- wlilro nml I.nMorlclere, for QueenHtnwn; ''vokoTiaVna-Arrlved: . Olenshill, (mm Tunimn nml Seattle, for ilnncr Rnni. ,,Ip15. l':T.!'pt,H....of Jal,a. from Hong I tie. for Yokohama. rKV?ari?tvt Xorit '' 1n,alln' from Hnm A ghunKhal-Satled: aienfurg. from Ti. eomn. for Ixmdon. . At St. Vincent. C. . -Sailed: Qlenlqgan. rrom lucomn. lor nun. At lloner Kong Balled: Glen Ho v.. from Tacomui for London via Sues. DISSECTS IltlilCiTIOS BILL Coicmin-Btaik Thiuki It "Will Fiid . Nebruka Etitila. ALLEGED DEFECTS MAY MEAN DEFEAT VII tlir 1'iilntx .Unite Aunlti-t Mule UuRlnerrs' Hill Arc llcl.l 1 lllm to K.ilm In CiinipruiiilKe Mcimuro. (From a Stuff Correspondent.) WASHINGTON. Doc. 31. (Special Tele gram.) Congrcesman Sturk today addressed u letter to Congressman Newlands, secre tary of tho congressional committee having In charge the preparation of tho Irrigation bill, which Is Interesting as It materially affects Nebrtska's Interest In the pending irrigation legislation. In tho letter tho con gressman from the Fourth district says section nine, ns nt present set forth In tho bill Introduced na tho Joint work of the commltteo, should be amended so as to reads "That the right to tho use of the water acquired under the provisions of this act shall be perpetual nnd that the bene ficial use shall bo the basis of the measure and tho limit of right, provided that tho stato ond territorial laws Bhall goorn nnd control tho appropriation, tho use nnd tbo distribution of the overflow waters ren dered available by tho works, constructed under the provisions of this net." Continu ing, he says: "There Is now a conflict In tho stntcs and territories named in tho pro posed bill between tho right of approprln tlon nnd tho riparian right. I believe that In Colorado, Wyoming. Montana, Idaho, Utah, Nevada and the tcmllorit of New Mexico and Arizona the rlparlnn rights havo been abrogated. In Nebraskn, Cali fornia, Wnshlngton, Oregon nnd tho two Dakotns the common law doctrine of rl parlan rights ha been favored by the courts of last resort. IUlinrlnu Illxtitn In XehrnnUn. "When congress In 1S66 passed what Is known as tho nrld land act Nebraska was a territory with consldernblo arid and semi nrld land In the weotcrn part. It was thought that with the passage of that net, together with tho further fact that tho ter ritory of Nebraska was never under the do minion of Great Urltnln, tho common law of England, tho doctrlno of rlpnrlan rights, did not apply. Soon after Nebraska was admitted Into tho union there grew up n sentiment In favor of water grist mills, but capital was not available because there was no guarantco of. rlparlnn rights. Tho legls latum then passed an net In substnnco that tho law of Engkind should apply when not Inconsistent with the statutes and InBtltu Hons of the country. Englnnd has a humid climate and the question thero has been for tlmo out of mind not how to snvo water, but how to got rid of It. Tho maxim, Water rutin and let it run,' without dim inution or nltorntion. may bo all right as applied to England, but tho Mexican maxim, 'Water Irrigates and let It Irrigate,' Is the ono for general application In tho north west. "riioVufirtiHO' eflurt of Nebraska has ap proved tho common law rule of riparian ownership, that a stream must flow un diminished In volumo as It Is wont to do from tlmo immemorial, but sustaining an injunction against tho maintenance of n dam across a flowing Rtrenm for tho pur poses of Irrigation nnd thereby diverting water from a mtllpond. I express no opin ion as to tho wisdom ot this decision In so declaring tho law of the land. Tho thing I am, concerned with Is tho effect. I'olnt Out I'oHAllile Defect. In wctlon 7 of the proposed bill, f water should bo provided from a flowing stream and n wnter right Hold and tho location bo In a riparian state, nn Injunction would defeat the right If thero was a water mill Involved. I simply point out what seem to me to bo defects, that lay tho founda tlon for an argument thnt may defeat tho wholo mcnBure. . To my mind, ns tho pro posed bill now stands, 'all the points can bo made against it, in Nebraska nt leaBt, that can bo made against the stato en glneers' bill." , Weekly newspapers In Nebraska havo been greatly exercised recently over tho alleged decision- of Assistant Tostmaster General Madden prohibiting newspapers In New York stato from sending "dead" news papers through the malls, In other words newspapers not paid for. Inquiry nt tho Postofflco department shows that weekly newspapers can continue to send papers through the malls as formerly, tho par tlcular ruling being mndo against news papers that bad no bona fldo circulation but wero using names from directories In cities in order to interest tho public In advertising schemes. Clinnur lu I.nnil Iiennen. Efforts aro being mndo by tho cnmmls sloner of Indian adalrs to secure tho con sent of the Indians on the Sioux reaorva Hons In South Dakota for a change In th method of leasing lands for grazing pur poses. Authority has Just been granted tor tho leasing of grazing lands by tho acre on tbo Cheyenne river and Standing Hock ngenclcs. instead of charging so much per head, as Is tho present custom. Th policy of leasing by tho Here Is regarded as more desirable by tho Indian ofllclal and has been conducted with much profit In tho southwest. So fnr tho plan hn only been approved Jn South Dakota by tho Indians living on tho agencies abov named Negotiations aro to bo Inaugurated with tho Ilo.iebuds with a view to having them I adopt tho new regulations. A special agent of the Indfan nfilco will soon nn sent t tho ItQscbud reservation to make an In vcstigatlon as to the (eaclblllty of estnb Ushlng storage reservoirs at certain points within tho reservation. These it Is pro poBcd In utilize us reservoirs for stock Tbo project contemplated Is quite nu ex tensive one, If It Is adopted It Is pro posed to utlllzo Indian labor In its con structlon. KILLS BOY, ASSAULTS GIR I'rriietrulor nf Crimen Ik llclnu llii:iteit by l'ntlrr Force of Pollen. DENVER, Dec. 31. At 0 o'clock to night an unknown man attacked Harold Frlcdborn, aged 15, and Florence, his sister, aged 16, whllo they wero skating nn a small pond near their home In Norlh Denver, Tha boy was struck on the head with en nx and Instantly killed. The girl was then as saulted. Some time later she recovered consciousness and reached her home, Tho pollco wcro notified, aud the entire force Is now searching for the murderer. Thu girl gnvo a fair description of the man. She' says she bit his finger severely and tho police hnpo this may aid them to appro bend blm. TRIES TO EXTERMINATE FAMILY leHcler AfPlilrnlnllr Mi""! t lrrK, Heroine Crn.eil nml lliitleuvnr In Kill Wife nml Children. TUIlNEIt'S FALLS, Mass., 'Dec. 31. Louis Illtzer n Jeweler of this place, today shot five pel sons, two of whom, his clerk. Miss Ida Cnlumbc, nnd his C-ycar-old sou, nrc cad. Tho others nro his wife nnd two daughters. It Is thought they will not die. There Is evidence Hint It was Ultzer's pur- pose also to take his own life, but his ar rest apparently prevented him from tarry ing out this purpose. Ho Is about thirty five years of age. From a note left In h's Moro by Illtzer It appears that while ho ji leaning his revolver the we-ipou was dis harged accidentally and the bullet hit Mlsa Columbe In tho head, killing her Instantly. Overcome by the situation, illtzer nppar- ntly rushed -to his borne, h.uless ond wild lth excitement nnd began tho work of ex terminating his family. The little boy, 111 In bed with the measles, was shot nnd Killed, rno ns-ycnr-om nughter. Annie, was wounded through the hand and In the car. Tho 12-year-old aughter, Carrie, was shot through tho neck. Mrs. Illtzer was hit In tho face, the bullet nnsslnir through the nose. Tho sound of tho shots brought neighbors Into the bouse nnd Illlzor was arrested. Tho police believe that Illtzer Is insane. The note which they found In his storo after affnlr was almost an Incoherent Jum ble of words. After telling of the shooting f Miss Columbe, Illtzer wrote that he had ctcrmlncd to end the lives of his family and his own. Ho asked that at his funeral the hymn "Nearer, My God, to Thee," be sung. Substantially the Rame story wns told by Illtzer after his arrest. DETECTIVES RECOVER JEWELS Ufflcrra fnr The)- llnve round the Thirty Thuunninl Dnllurn uf .Stolen Treasure. NEW YORK, Dec. 31. It was nude known nt thb detective bureau this afternoon that $30,000 worth of Jewelry stolen from Paul Thebaud had been recovered. Detective Captain Titus said bo bad learned that on Sunday, Kern, tho vnlet, had called on n man who worked for a pawnbroker In this city, nnd had shown the Jewelry, saying that he wanted to get $1,500 on tho Jewels. This mnu took Kern to his employer, whero Kern put down tho Jewelry. The pawnbroker told blm to como to his place tho next day nnd get tho money. Kern said It was a matter of Ufa or death, as he had to have tho money, nnd the pawnbroker gavo him $700, telling him to como tho next lay and get tho balance, tSOO, nnd tho ticket for the articles. He did not come back. In making public the list ot articles re covered Captain Titus said that most of the goods were found In tho pawnshop, tho location of which or tho nnmo of tho pro prietor ho refused to make public, anil that tho remainder wns found In Kern's satchel, found In a hotel In this city. Among tho ewels recovered wns a pcar-shaped diamond pendant valued at $?0,000. RECOMMENDS OFgM TRADE Wnr Dcpnrtment IJrulren Krce Com merce Ilettvceit L'nlted Mlnle nml IfilniitlN by I'orelmt Venxeln. WASHINGTON, Dec. 31. If congress fol lows tho recommendation of the War de partment commerce between tho United States and tho"Phlllpplno Islands and among the Islands themselves will bo thrown open to forolgn bottoms for nn lndcflnlto time. Already there Is pending In tho houso legis lation looking to the exemption of the tariff between tho Philippines and tho United States from tho operation of tbo coastwise shipping laws which requires all trade bo- twecn United States ports to bo carried In American bottoms. At tho instance ot thu Wnr department this measure will be amended bo as to place tho Inter-Island tariff on tbo samo footing. Meanwhile, pending the action by congress, tho treasury will continue the order suspending the ap plication of tho coastwise shipping luws to Philippines commerce. WORD FROM GERMAN MEAT LAW Hints Department Itecelven Tclenrnni StntliiK Committee In t.'oimliler I ii If InMpeetlou I.oenllt lex. WASHINGTON, Dec. 31. The 8tato de partment hns mado public a telegram dated December 23 from United States Ambassa dor White at Uerlln, stating that a! com mittee of tho Uundesrath has begun to con- older a list of localities for tho examination and admission of meat according to section 13 of the new meat Inspection law. It Is probable that this part of tho law will not go lntq elfect for somo time, It la stated, though ns yet no spoclflc Information Is ob tainable. REELECT DR. HERZL PRESIDENT ZIonlntN Conclude Their Convention by SelectiiiK Olllecrs for the Yenr. HASI.H, Dec. 31. Before adjourning to day tho Zlonls't congress elected a now ex ecutive commltteo consisting of forty-five members. Dr. Theodore Herzl ot Vienna, founder of the Zionist movement, was re elected president. Ilabbi Gustav Gotthell of New York, H. J. Wlso of Portland, Itev. Dr. Shaffer of Uultlmcrc, Perelra Mcnduz of Chicago and Rev. Dr. Sarasohn of New York roprtaent the United States, Rev. Dr. Desoln of Montreal is the Canadian rep rtscntnflve on the committee. DEATH IN LEMON EXTRACT Fill-me i- llrlnkn ConlentH nf Klithl i'no-Ouiiee ItntlleM null Succumb. SANFORD, lnd., Dec. 31. An the result of drinking eight two-ounce bottles of lemon extract William, King, a farmer who lived southeast of Paris, died Inst night, don might bo based. When pressed' to Coroner Roberts hold, an Inquest, recom-1 mako public those conditions tbo goornor mending that tho grand Jury Investigate declined to take the people into hU t-on-and prosecute merchants soiling extract i fidon'ce. It was learned, however, thnt for drinking, this being the fifth death the kind to occur In this vicinity recently, FOUR YOUNG MEN ARE HELD Ilnrvey lli-uen unit Van 'VHrmer Horn Churned vtilh First De li ree .Murder. HUDSON, N. Y Dec. 31. The coroner today concluded tho taking of testimony In tho case of Peter Hallenbeck, who was murdered In his homo Christmas eve. The verdict holds tho four youths, Harvey Uruce nnd three Van Warmer brothers, on a chargo of i&jfirdcr In the first degree. HARTLEY FINALLY GETS A I STORY OF BARTLET'S CRIME Why I Wm CoaTioted id SmUsctd t Priioa fir Twntj Yiars, THOUSANDS OF STATE FUNDS MISSING Four Venro nf Ser lee ni Slnte Trrn tirer IJniN In Minrtnue, Kitenl of Which It ot Vet Ui lulilKlieil. Joseph Si Uartloy was convicted on June 21, lisl'7, of embezzling something moru thnu $150,01)0 of stato funds, which, had been entrusted to his jcaro ns sttito treas urer. Ho was sentenced two days later to servo twenty years In thu penitentiary uud to pay a line of $303,708.90, being double the amount of which ho was convicted of embezzling. It was this sentence that was commuted by Governor Savage. Uartloy was elected stato treasurer of Nebraska on the icpubllcnii ticket In 1S02. In Januury, 1S93, he took his olllce, sue- cccdlng John E. Hill. In 1S94 Uurtley was tenced in 197 to twenty yonrs imprison re.olceled anil In 1S97. when hu was sue- mcnt for the embezzlement of public funds, .cccdcd by John II. Meuet ve, the fart that i he wns short In his accounts become pub- ! u tree mnu. L,ate tins aiternoon nis sen ile. Ho failed to account for several hun-! tence was commuted to flvo years, seven drcd thousand dollars of state fuuds nnd months and eight dnys, which term expired hns not yet given nny satisfactory account today, and nt 7 o'clock tonight tho ninclnl of tho disposition of thu missing money. ; Vnrlous amounts havo been named as rep- resenting tho total of his shortage, but It Is bollovcd to bo In tho neighborhood of $600,000. Arrenteil nml Coin lelcil. When tho shortage was discovered Hart ley evaded arrest on various pretexts, but finally, on April 29, 1897, ho was arrested In Omaha on a charge of embezzlement and arraigned In tho police court. Ho waived examination nnd was held for trial before tho' district court. On Juno S he was brought beforo Judge II. S. Uakcr, who wns then, iih now, presiding over the criminal docket lu tho Douglas county district court. Howard H. Ualdrlgo was prosecuting at torney and wob assisted by C. J. Smyth, then nttorney general of the stuto. Hartley was defended by some of thu nblrst law yers in Nobraska, and every point In (ho enso was fought with nil persistence and determination as well ns tho skill and llnctaj of brilliant legal minds. Fourteen dnys wero consumed in tho pre sentation of tho evldcnco and nrguments, nnd finally tho case was given to tbo Jury on June 22. Two days later n verdict of guilty wns returned and on Juno 26, 1S97, Tlnrtloy was brought before Judge Hakcr ami sentence wns pronounced cn him. Ills bond for nppoaranco 1n tho district court wns dUmlsecd and ha was confined In tho Douglas county Jail. His attorneys ap pealed bis case to tho eupreme court and asked tho Justices to tlx ball In order that ho might bo nt liberty pending the flnnl adjudication nf his case. Hall was fixed nt IWIi.OGO by the Juultct uf thu supreme court, an amount Hartley was unable to raise, although most Btrcnuous efforts were mndo to secure tho amount. At ono time nn nttcmpt waH mado to purchnvo ball by promising a premium to thu sureties, but even this did not avail. It was moro than a year after his con viction beforo the supremo court passed upon his appeal. When tho decision camo It uphold tho verdict nnd tentenco reached In tho trial court. On July 6,'lS98, Unrt loy wns tnken from tho Douglas rounty Jail to enter upon his term of penal servi tude at tbo penitentiary nt Lincoln. HiinIn ot Illy Conviction. For a tlmu after ho entered tho peniten tiary efforts (p enable him to eacnpo pun Ihhinent were apparently dropped. Atten tion was then diverted to tho efforts of the stnto to collect from tho sureties on Hart ley's ofllclal bond and from others n por tion nt least of tho money ho had seques trated. Tho Item for the embezzlement ot which ho was convicted consisted of part of a warraut ordered drawn by the legisla ture to rolmburso tho permanent school fund of the state for a loss cmstolncd through tho falluro lu 1S93 ot the Capital National bank of Lincoln, of which C. II. Mosher was president. Tho money .had been placed In Mosher's bank by State Treasurer Hill, who turned over certificates of deposit to his successor, Hartley, who accepted them as cash. It wns Hartley's action In checking out largo ums that pre cipitated tho falluro of thu Capital Na tional bank. At thnt tlmo there was on deposit tbero nearly $250,000 ot state money, of which $180,000 lu round numbers be longed to tho permanent school fund. At the session of 1895 tho legislature. ordered a warrant drawn to rolmbureo the perma nent nchool fuud. Hartley drew the war runt, but Instead nf turning the monoy over to tho school fund, ho sold tho war rant through nn Omaha bank to a New York bank. This was In April, 1895. Just before retiring from office in tho fall of 1896 tho New York bank sent the warrant 'bad: to tho Omaha bank for collection. Hartley de posited stato money until he had accumu lated a sum sufficient to tako up tho war rant, which, with interest, nmountcM to more than $200,000, and then drow a check for tho amount. So far no Information of tho disposition of tho proceeds of the orig inal sulo of thu warrant has been made pun He. This "was only a portion of nartloy's defalcation, but It was sufficient to Keuuru his conviction. MrYorlM lu Secure llli I'nrilnn. Uartley had not been In prison a groat while bofore it became known that lib friends wcro nctlvo in trying to secure his pardon. Almost two years ago peti tions asking for his pardon wero openly circulated, and tho matter was more or IrsB freely discussed. Soma papers, notably the Omaha World-Herald, advocated giv ing Hartley his freedom. The matter did not assume a serious phase until July 13, 1901, when Governor Savngo startled tho Htato by granting a parole, limited to I Kixty days, at tho same tlmo hinting at conditions on which a free and full par ofnartlej bad made no promises whatever, although tho governor explained that ho thought ho could Induce tho parolud" con vict to make at least partial restitution. When tho republican convention met at Lincoln In August It adopted a resolution demandiug Hartley's return to prison. Gov ernor Savago appeared boforo thu conven tion nnd undertook to defend his course, alleging his hope ,of recovering nt least a prfrt of tho money flora Hartley. His weak excuses had no effect cn tho convention, which adopted tho resolutions by an over' whelming vote. In response to tho con vention's demand tho governor revokedhls. (.Continued on Second Page.)' Governor Savage Commutt mainder of His Tw CRIME CONDONED BY TH Lengthy Explanation Offered Exhibition of Misapplication Specious Pleading in Behalf of th vjeted of Looting the (From n Staff Correspondent.) LINCOLN, Dec. 31. (Special Telegram.) Former Trcnsurer Joseph H. Hartley, sen- tonight walked out of tho atnte ponltentinry discharge, signed by the governor, was de llvercd by Private Secretary Clancey to Mrs. Hartley, wife of tho prisoner, nt her home, 1615 C street. A fow minutes Inter Miss Indn Hartley, the prisoner's daughter, took tho papers to tho penitentiary nud upon their presentation to Warden Davis her fat lur was Immediately released. In commuting tho Bcnteiico the governor made allowance for tho time Hartley pnssed lu the Jnil of Douglas, county, which amounts to about ono yenr. Good tlmo was ulso allowed from tho day the man wa placed 111 confinement. Hartley was brought to the penltcntlury July 6, 189S. Sliitenient -,' Governor Siiviikp. Governor Savage makes the following etntcment In explanation of his action: "My action In the Hartley case Is the fruition of careful Inquiry and mature de liberation. After I became governor of this state, among tho cases calling for executive clemency was this one.' Such preliminary examination ns I wns able at the tlmu to mnko Inclined me In favor of exercising clemency In Mr. Hartley's behalf. I be lieved nt that tlmo nnd conceived tho Idea that his relcaso could be turned to tho ad vantage of the state. With this end In view, on the 13lh dny of July, 1901, I re leased Mr. Hartley upon pnrolo for a period I of sixty days, with the Intent during that perlod of completing my investigation of tho enso nnd final determination whether I should or should not exorcise executive clemency In his behalf. Mute, Coiivt-utlon'N Aetloii. ''On Augur I ."S,. bofore I li.vl my plans perfected, the republican state convention adopted u resolution requesting tho Im mediate return of Hartley to tho peniten tiary. Though I felt keenly tho discourtesy nnd was nmnzed at tho Intrusion upon tho constitutional rights of the chief executive, nud, undecided us I wns still upon some of tho aspects of Mr. Hartley's caso, and undetermined ns to tho proper courso, and anxious as I was that no harm should come to tho stuto or to tho republican party through any posslblo error of Judgment on my part, I forthwith obeyed tho maudatu ot the convention, and that sumo night Mr. Hartley was again behind tho prison walls. Tho convention had spoken, ItH demand was peremptory nnd cmphntlc.ond whllo I realized tuat It had undertaken to usurp undue nuthorlty and had In fact trespassed upon und exercised n power or authority never befoio oxorclkcd by nny political con vention, I bowed to the sovereign expres sion ami compiled with Us request. "Uut not, however, without resolving In my own mind to continue my inquiry, and if I found that tho caso was ono wherein oxeeutivo clemoney should bo exercised, neither political proferment nor political expediency, nor fear of assault from po litical enemies, whatever their position In life might be, would stay my hand from a righteous and honest performance of duty. IllVCH III IICIINOIIN. "Slneo that tlmo I havo carefully inquired Into tho facts and merits of tho caso to tho best of my Judgment nnd ability. My position In tho premises has been tbo sub ject of so much notoriety nnd discussion, and tho considerations entering Into tho question have boon so much confused nnd misapprehended by many, I deem it Justice to myself and duo to tho public that I give my reasons for tho action I havo taken. "It la tho lawful right of evory prisoner to nppeal to tho exocUtlvo for clemency, and when this nppeal Is made It Is tho lawful duty ot the governor to give ear to that appeal, ond to make a conscientious nnd honest inquiry Into tho case and detormlno whether or It In a caso whcroln clem ency should he exercised. "Tho primary question to be considered In nil cases Involving executive clemency Is: 'Has tho prisoner been punished In a do greo commensurato with his offense?' Tho object of every penal law Is, or should be. to adjust tho puulshment to the enorrafty of tho crime. I'rcviiiK Upon Liberty. "Whllo it may bo contended that tho guilty bhouid bo punished an much with tho object In vlow of dutcrrlug others us to m.iKo tho guilty nuffcr, it is manifestly wrong to prey upon tbo liberty of ono in dividual In order to romovo tho impuro in gredlents In thu character of another lu- dividual. If tbo Individual who cutnunts a crime is punished according to tbo degrt of tho crlmo, he has satlBflcd tho du mnuds of organized society nnd fully vin dicated the luw, und any furthor penalty Inflicted upon him Is u withering travesty on Justice. That philosophy which reme dies ono ill by multiplying tbo enormity of other Ills Is both unbound and dangeroua nnd should have no placo In (ho laws or moralM of n clvlllzpd people.' "Mr. Uartloy waa elected Tnto trcumuer In November, 1892, nad r. re-elected In 1891. Ho took theygatbM" co un(1 cn tercd upon tho ilyUes M his llrst term nr. treasurer nboutythe'.iWt of January, 1893, nnd for the oad'ferm In January, 1895. It was butftH fe,v weeks afterthe became trcasurer.U-'ihe Capital National .bank of Unco,! doled Its doors. The stnto wns ono otlho'xvry large number of'deposltoro andlft' deposits at that tlmo In tbo fald bapit amounted to nearly a quarter ot a rtlllon dollars. " ('itiiltol .'Niitloiinl I'nlliire. "Tbo fulluro u tho Capital National of Itself wus sufficient to create a great doal of uneasiness lu financial circles in tho litato. TbU was tho first durk spot oa tho in Ji of El Public Treasi horizon, but before Uartlll second term the alrtlo hal tho worst pnnlc In tho blstol nnl bad experienced threo failures. Inside of six moi time Mr. Hartley flrst bectl many banking Institutions ovt had closed their doors, and thi 1 terestB wcro Borely distressed tho lnnd. It Ih well to rcmcmbe tho Hartley caso up to the whlli1 reason that ho was treasurer thro years ot almost uninterrupted pn through three years of nlmost tot failure. Whllo It Is true that tho cKo of McKlnley In 1890 furnished relief to t distressed business and financial Intorosu' of tho Btnte, still It. will bo remembered' that in 1S96 tho great question submitted to tho people of tho country wns ono affect ing directly tho quality of the basic cur rency. Crltlcnl Klunncliil Onnillt Ioiin. "During tbo discussion of thnt question nnd up to tho time It wnR settled through tho adoption of tho gold standard by nn overwhelming victory for tho republican party, It will bo conceded that tho financial condition of tho country was most critical. Material evldcnco of thlB Is found not alone Ih commercial ond financial reverses nnd In tho general unrest nnd distress which pre vailed, but In tho fact thnt though tho crop In 1896 wns abnormal, conditions wero such that it was difficult to mnrkct tho products al remunerative prices.' It Is a woll known fact, nnd no doubt It will bo almost uni versally admitted by tho business men of every community In Nebraska, that during that tlmo tbo banks wero standing under tho business Interests of the stato nnd tho burden upon tbcra vps cumberson and dlfll- cult to bear. Mute Trcnntirer HneU uf Ilnnltn. "It will bo admitted, no doubt, by many of the bonkers of tho stuto that tho stato treasury wns standing behlndi and support ing tbo. bnnkb of tho, staid during that same porlod. It cnu, I believe, bo truthfully said that to a very great extent tho trcas ruy of tho stato was all that stood between the business Interests ot tho utato and financial ruin. "It may bo said that tho monoy in tho treasury wns tho pcoplo's money. Admit that to bo true, and tho problem becomes ono of tho people's monoy preventing tho ruln of tho people's business. 1 havo no hesitancy In saying tbnt tho relief given tho banks ond the business Intcrcfltii of tho state by Mr. Uartloy nt that tlmo Baved many thousands of dollars more to the peo plo of tho stato than his entlro Bhortogo amounted to. "A large number of business Institutions failed. A large number of bank passe.! Into tho hands of receivers, but almost all of the business Institutions of tho Btato would havo beep soriously encumbered bad they not received asblstnuco from tho banks of tho state, and many of the hanks In tho stato would bavn bceen unable to alford re lief to their customers, and many moro no doubt would havo collapsed, bad thoy not received assistance from'tho state trcusury. Tbero nro many prosperous business men lu tho stato today who would bo working by tho month or looking for employment had It not been for tho assistance tbny at that tlmo received from tho hands of Mr Hartley. Admitx Vlolnllun uf l.mv. "ThU Btntomcnt leads up to tho point where It may bo said that Mr. Uartloy violated tboMnw, and It may not be amlos to touch upon this point lu reviewing tha case, under stress i eiruuuiBiuiitio uuu n cnso of emergency, men frequently vlo- lato tho law. not for personal aggrandize ment, but In tho Intorcsts of tho public Tho notion of thu New York Clearing house, during tho pnnlo herein referred to, in issuing clearing house certificates to tho cxetent of moro than $35,000,000, chal lenged and won tho admiration of the financiers through the world, nnd yet, If weighed In tho light of lnwful authority, it was a vlolotlon of tho bonking laws, pure and simple. ThcBe certificates were not au thorized by any law, either national or state, yet tho emergency wus grrnt, the clonrlug houso took Its chances, nnd the president of tho United States, tho secretary of tho nntional treasury, tho comptroller of tho currency, nnd the business Interests of tho country, and tho keen-sighted thinking minds of thu world commended and ap plauded that Institution for Its courago and Judgment. No ono can estlmato tho (iaustcr that would havo overtaken tho country ,ad tho clearing houso succumbi'd under tbo great financial pressuro ami failed to adopt somo method that would rf,.r(l relief. Summed up briefly, the J nftarUR holme violated the Inw nnd the , f'esuit was the preservation of tho credit of the country. 'Inl. In M Clue of IIiinIiii--h liilerentN, "Mr. Hnrtloy violated tho law. Ho used tho monoy of tho treasury to enable Hit banks of tho stnto to tako care of the business Interests ot tbo state. Had tha business interests ot the fitnto, during the four years that Mr. Hartley was treasurer, born deprived of tho support they re ceived from tho treasury, the loss to those Interests would havo been so great as to rhulltngo computation, "Moshei was tho prciddcnt ot tho Capital National bank of Lincoln. Through him anil his management of tho bank, the people of the tit- of Lincoln and community lost several hundred thousand dollars. That falluro sent disaster Into a large numbsr cf homes and Healed poverty at aroat many flresldrs. Mosher got a short sentence 111 the penitentiary al Sioux Falls, with tho bopefll of good tlmo. "Mr. Hartley, whoso shortngo was at tended by Iceh sadness and dletrc( In the 1 homes of Nebraska, because It did not nttcrt ! tlu funds required by tho ptoplo for their (Continued on Second I'ugo.) i x A.