TITE 0MA11A DAILY BEE: : FRIDAY. .IAN PA V. Y 10. 100S.
11
HALE OFFERS NAVAL BILL
Chairman of Senate Committee Hat a
Reorganization Measure.
. i.' w
NO COMMAND FOR STAFF OFFICER
((or) Ion that arl Rrotrnson to II-
sln Mmy He Definitely fcrltlrd
' hr onreilojl R
trtmtnt.
WARHJNriTONy Jnn- !.-A llll whog
passage. It Is rxpsciccl, will work many Im
portant rhansjra In the personnel or the
navy and greatly Increase, Its efficiency
was Introduced by Senator Hale, chairman
of the senate committee on naval affairs.
It proposes a settlement, of the vexatious
question as to whether the members of the
staff corps shall have," rank with the lino
officers, puts an end to the creation of
UureauB by the secretary of the navy and
'arlvea a substantial ralso In pay to every
commanding officer end enlisted men of
fhe navy and the 'marine corps.
There Is an Important section resting
to the appointment of midshipmen to the
line and ataff corps.-and also a provision
. calling -lor the- retirement of offtcera of
certain age.
The first section of the MIL. deals with
he bureau question by granting authority
to bureaus now existing to continue to
'transact the business assigned them and
requiring that all reports and recommenda
tion shall be. ina-lu direct to the secretary
of the navy. "There Is then added the pro
vision that "no permanent board of any
kind eliall be hereafter appointed by the
Navy department, or continued In opera
tion unless expressly provided for by law.
but, from time Mo time, the secretary of
the navy may convene boards for tempo
rary service connected with the pending
business of the department.
If Comraund for Staff.
That part, of 1h bill which relates to
the assignment of line rank to officers of
the various divisions or1 the staff corps
contends that they shall in no Instance
assume command tt any vessel. It Is as
follows: '
The officers In the various staff corps
in. nnvv xlinll hereafter have actual
rank and title aa now established for the
staff corps of . tlje army. Such officers
of the staff oorfy-of the navy shall at all
times .havoi tltcu title and designation of
Oielr rank, antt new commissions In ac
cordance therewith shall be forthwith Is-.-..mA
tiKn Provided, that th's provision
Khali In no case carry with It command
over anv vessel of the isavy department,
but such command shall be exercised only
by line-officers;
Applafkneat of Midshipmen.
A lmrgef seotlon of the bill deals Willi the
appointment of midshipmen to positions In
the line and etaff and reads as follows:
That from the midshipmen who success
fully complete the six years' course at
the naval academy appointments shall be
made ns may he necessary, and In .the
order of merit of graduation to fill vacan
otea In the lowest commissioned gradea
of the line and other corps. of the navy
to which such graduates lire eligible for
appointment under existing" luw and that
the number of said appointments which
shall be made to the various corps of rhe
naval service In any one year shall tiot
exceed seventy-five. "
Provided that the foregoing provisions
limiting the Increase In any fiscal year
shall not apply to midshipmen who may
havo entered the naval academy prior to
January 1. 1H04 and havo completed their
four years at the academy. That the
rfler of merit of gradnntes of the naval
scademy upon final graduation and the
eligibility to appointment In. the navy shall
be determined as now provided by exist-
Ing law and regulation, and that the assign
ment to the various corps shall be made
by the aecietary of the navy.
The bill makes provision for honorable dis
charge and one year's sea pay for those
who do not receive such appointments.
Midshipmen may, upon their own. applica
tion, be honorably discharged at the And of
the fouryears' course at the naval academy
with a proper certificate of graduation.
July 1 of each year will be regarded as
the beginning of the year for reckoning
vacancies for the purpose of this act.
The bill provides that when an officer
had been thirty years In the service, he
nay, upon application, in the discretion of
the president, be placed upon the retired
list. Also that when an officer has Btrved
forty consecutive years as n. commissioned
officer, he shall, If he makes application
therefor to the president, be retired from
active service and be placed upon the
retired list.
The bill requires that any naval officer
now or hereafter serving aa a chief of a
bureau of the Navy department, shall upon
retirement have the rank, pay and allow
ances of audi bureau chief. Under the bill
the pay of all commissioned officers, war
rant officers, midshipmen and pay clerks
In the navy and marine corps is increased
21 per cent; noncommissioned officers,
mates and other petty officers, musicians
and ether enlisted persona In the navy and
1n the marina corps Increased 40 per cent,
thla "pay" being exclusive of allowances
and commutations.
HOUSE MEMBERS IN LOTTERY
Draw foe Ckoleo mt Rootne In the
Now Congressional Office
Bnlldln.
WASHlMOTON. Jan. 9.-A! congressional
lottery waa conducted today In the house
of representative for rooms In the new
office building of that body. Chairmen of
committee had already been assigned
quarters In the new building and today's
drawing was participated In only by the
3T1 member who are not heads of com
mittee. Much amuaement w as crested by several
member Insisting on a thorough under
standing of how the drawing waa to be
conducted. Thl occasioned much contu-
For Saturday
We Announce
A Great
Sale
OF.
Shoes for
Women,
Girls and
Children
See Friday Evening Papers
1515-1517 Doaslas Street
fc JSCflfiTTIOnKZ
Inn and ld to Inquiries of the spesker as
to srriat business was tfoi the tiouss.
fpakfr Cannon finally shut off all dis
cussion by dlrec-tin tli drawing to pro
ceed. A blindfolded pane drew from the
bo msrblef corresponding, with the num
bers' of the seats of the "members. The
name of Rerretentatlv Kitchen of Caro
lina was drawn first, and he selected from
the diagram in front, of the apeaker'a desk
what In tils opinion m the choicest room
available 1n the building. I'pon the con
clusion of the drawing;, which consumed
over to hours' time, the house adjourned.
TAFT ON INJUNCTION
(Continued from first Fage.)
of a Jury between the court's decree and Its
enforcement by contempt fcroocedlngs. It
would mean long delay and gr'eaily weaken
the authority of the ooprt. ' do not think
that the permission to' ehang1 the , 'judge.'
however, would constitute rtUr serious de
lay or Injure the' efficiency, " vt the ' order,
while It if ay secure greater- punllc'confi
dehce fn the Justrcenf' thtf-'cnijrt' ictlori!
The appearance of JtisflcV hi almost as Inn
portant as the exIs'teneeVof VW In "the ad
ministration of court. -' : ' ' . ' '. '
"Blncerely yours', ' '
'WJLtJiam'!'h. : TAjf.w.:
WALSH SAYS' BANK fRORTS
Insists InventneiV In Bonds Mas
a Good Thing Finan
cially CttlCACiO. ' Jan. 9 Tfter dtfrtct'exiun I na
tion of John R. Walsh was resumed today.
Attorney John 8. Miller of Walsh's counsel
recited a list of bonds of the Bouthern In
diana Railway company wJlli 'the hank
had held at various dates s collateral for
loans, and elicited from tlSwltnesa the
statement that he considered the transac
tions profitable to the bank. Asked regard
ing certain of the bonds which had disap
peared from the list of holdings of the bank
between July, 1904, and August, 1905, Mr
Walsh replied that they had been sold and
that the bank had received for them all
that they had cost, and had in the mean
time been receiving Interest accruing on
them.
Mr. Walsh denied the truth of statements
mado by C. M. Foreman, receiver of the
Centralis ft Chester railroad, who testified
for the prosecution.
"Mr. Foreman has testified that you told
him you wanted to get hold of the Wabash,
Chester ft Western railroad to eomplote
the connections of the Illinois Southern
road," said Attorney Miller. "Did you ever
say anything to him about wanting to et
that rond?" '
"No. sir, I never said anything of the
kind to Mr. Foreman or anybody else," was
Mr. Walshia reply.
"Did you ever say anything about want
ing to get hold of what was known as the
Hancock system of railways?"
"No, I never did."
"He testified hre tljfat you did. Is It
true?" - -"No,
It Is not true." .
COTTON CROP FOR tAST 'YEAR
On una Bar leases Ftajnrea Show-
inn Number of Bales Ginned to
January 1, 10OS.
WASHINGTON. Jan. 9 The oensus
bureau today Issued a report showing the
number of bales of cotton ginned from the
growth of 1907 to Jsnuary 1. 1918, was
9,9T)6.427, as compared with 11.741.039 last
year, and 9.725,426 for 190(5. This counts
round bales as halt bales. The number of
found Skies Included Is 179,391, ' for 1903;
255,566 for 1907 and 263,531 for 1906. ' Sea
Island Included Is 73.K.'S bales for 1908 and
54,275 for 1907 and 93.942 for 1908. The num
ber of active ginneries for 1908 was 27.276.
The distribution of the sea island cotton
for 1906 by state la: Florida, 25,214; Georgia,
37.K9; South Carolina, 11.265.
There Was ginned 9,2S4,070 bales to De
cember 13 last. The number of bales
ginned to January 1 in the various states
and the number of active ginneries fel
low: "" Oln
PaAea. nerlen.
Alabama 1,030.721 - SAM
Arkansas 627.725 2.C91
Florida 60,m 844
Georgia 1,723.273 4.531
Kentucky 1,329
Jxvjlsiana 562.477 1.SJ6
Mississippi l',228.444 S.4S6
Missouri 28.644 73
New Mexico t 63 i
North Carolina 65.479 i.703
Oklahoma 746.79(1 9
Bouth Carolina l.(".0 3.167
Tennessee 25.845 f0
Texas 2.092. 785 3,968
Virginia 7,640 99
ATTACK ON STRIKEBREAKERS
Car In l)hleh They Arrive Set on
Fir and Bnrned by
Striker.
nnLLIPSBLTta. N. J., Jan. .-The im
portation of men to take the places of strik
ing employes of the Standard 811k mill
caused a lively disturbance here last night,
and If a similar outbreak occurs the gov
ernor of New Jersey will be asked for
military protection. A large number of
strikebreakers were brought here from
Philadelphia and Pateraon, N. J., In trol
ley cars and while waiting to cross the
Pennsylvania tracks they were attacked by
a crowd of striker and their sympathisers.
The situation became so serious that de
tectives escorting the strikebreakers were
forced to fir their revolvers Into the air
to scare the mob. The car finally reached
the mill, where the motormen deserted and
the mob started the car down' the hill. At
the bottom of the Incline a car waa set on
fire and when firemen attempted to ex
tinguish the flames someone cut the hose.
Th car waa consumed. After this the
striker scattered.
Aside from the gathering of strikers on
th streets the town presents Its usual
appearance today.
MINE OWNERS TO ORGANIZE
Propose to Fld Ont If Possible th
Cans of Accident In
Mine.
WASHINGTON. Jan. .-Th West Vir
ginia Mining company was formed aa a
permanent organization at a meeting here
today of over sixty mine owners and pro
moter. Resolutions were adopted asking
th West Virginia delegation In congress
to urge legislation enabling the geological
survey to ascertain the cause of recent
mine explosions and apply remedlea found
necessary and pledging the operator to
carry out remedial legislation regardless of
cot.
Mario I ablll Inece.
Th New York bun, speaking f Marl
Cabin's hit at Daly's, New York, last
ysar. aald: " Marrying Mary' make
good; a theatrical novelty struck Broad
way; a musical show that has a real
plot." Th charming star and "smart"
play will be sen at Boyd s. Jan. 1, It
aad It.
BAR VOTES FOR AMENDMENT
State Association Endorses Kore
Supreme Judges and Salaries.
JUDGE GOOD LEADS OPPOSITION
M'ahoo Man Pete Ike Pare for
UronK Plant and the ole
Stands Twenly-lne to
.Mneteen. .
V. C. Flansburg of Lincoln, president.
George P. C'onttgan, Jr., of Lincoln, secre
tary. .
A. O. KITlck or Omaha, treasurer.
W. K. Wilcox, nyember of executive coun
cil. . . .
Bamuel Rlnsker of Heatrlce, John A.
Elu-hartlt. of. Stanton and William F, Our-
ley. vice presidents. , ...
The State Bar association By a vote
of 29 to 19 endorsed the proposed constitu
tional amendment urovldlng for an Increase
of the number of judges .of the supreme
court from three to sevep.and or the In
crease In their salaries to KSOO. This action
was taken after an animated discussion
along partisan lines, republicans generally
favoring the amendment and ' democrats
ppposlng U. ,
Th, hostility of the democrats was base!
on the fact that the present amendment
does not give the minority party represent
ation and many of the members of the
mlnorlyr party declared they were willing
to endure present conditions rather than
to accept an amendment which did not
provide' that both parties should be repre
sented. The resolution which was finally adopted
endorses the proposed amendment and asks
the Various political parties in their C3n
ventlons to endorse It so It may go on
the ballots as a party measure Insuring Its
adoption. . ". ' .
The association also endorsed the move
ment of the American Bar association to
formulate a code of ethics for the profes
sion. Indite (iood I. rail Opposition.
Judge B. F. Good of Wahoo led the at
tack on the constitutional amendment.
placing his opposition on the grounds it
did not provide for representation by the
minority political party and would allow
the governor, who appoints the four addi
tional members of the court, to control
that body for the next decade, under the
present custom of re-electing Judges for a
second term.
"It has been urged that the majority
party might aid In securing a non-partisan
Judiciary by naming one or two demo
crats, but the new primary law would pre
vent that."
C. C. Flsnsburg of Lincoln, took a shot
at the commissioner system and to the
practice of the Judges of living away from
Lincoln, lie favored the amendment as an
expedient measure to get away from, the
commissioner system.
M.l. Clerk. . Jndue.. H
"Many of us have) become convinced,", he
said, "that It will be' necessary to give up
the commissioner system or give up our
practice. The commissioners are merely
clerks for the Judges and It is known that
cases have been peddled'around among the
commissioners In order that a Judge might
find One who agrees with his views of the
case. I want some one to write opinions
In my cases who is responsible for the
opinion expressed and Is expressing his own
views and not the opinions of some one
else. The Judge, too, ought to be required
to live ak the atate capital where they
could give more time to th hearings and
could see the state law library. That they
ought to use the library more is manifest
In some of their decisions."
Mr. ' Flansbutg offered a resolution re
questing the governor m making the ap
pointments of th four additional judges.
In case the amendment passes, to recognize
the minority party by giving it represen
tation. John R. Ehrhardt of Stanton opposed th
amendment, declaring he would prefer to
wait In order to secure a proper amend
ment. Judge . K. Wakeley of Omaha op
posed the amendment, declaring In favor
of a nonpartisan bench and for a provi
sion that the court might sit in two or
three departments. He also favored a lim
itation on the right of appeal and an In
termediate appellate court.
Pnbllsh All Proceeding.
At the beginning of the morning session
It was decided to publish all the proceed
ings of prevloua years which have not al
ready been put in print. The treasurer re
ported a balance of JS9.91 on hand and the
dues for 1903 will Increase the fund enough
to enable thla to be done.
Charles G. Ryan of Grand Island read the
first paper at the morning session, his sub
ject being, "The Ethical Side of the Case."
He referred to popular criticism of
Judicial methods and favored taking
a critical public Into the confidence of the
attorneys In an endeavor to enlighten the
public mind on the meaning of what Is
termed "technicalities," instead of treat
ing the critics of court methods with con
tempt. Arthur C. Wakeley of Omaha read an
address on "Influence of the Roman Law
Upon the Common Law." He traced the
effects of the various waves of Influence
from Rome during the Roman Invasion of
Great Britain upon the Briton's system of
Jurisprudence.
ADDRESS
7
ROBERT C. SMITH
Science of Pleading; Progressing To
ward Slmpllllcatlen.
The annual address by Robert C. Smith
of Montreal Thursday afternoon was the
principal feature of the meeting. Mr.
Smith was Introduced to the members as
one of the leaders of the bar of the Do
minion of Canada. Ills address called out
the largest attendance of any of the ses
sions and It was listened to by a large
number of professional and business men.
H spoke upon the subject. "Some Modern
Tendencies." After referring to tendencies
more or less technical In the legal profes
sion, he continued:
And the law'a proverbial delay Is receiv
ing universal attention and will receive
much more, as there ts so much to be
done to remedy wrong here. It waa one
said that the people preferred the awift
Injustice of the vice chancellor to th
tardy Justice of the chancellor. Every
member of the bar present knows that very
often Justice delayed I Justice denied. I
believe I am right In saying that even In
the last five years great progress haa been
in this regard, and, excepting a few Juris
dictions where business has Increased be
yond the capucity of the courts to dispatch
it, the average delay between the Institu
tion of proceedings and the trial has been
considerably reduced. This hua been ef
fected by the co-operation of bunch ajid
bar In a sincere desire to remove the re-
firoach that has so long been cast upon the
aw and Us administration. The existence
all over this continent of bar associations
such as this is one of the most hopeful
signs of the times. Their great. Influence
in the removal of abuse and the' Introduc
tion of reforms cannot be overestimated.
Insofar aa 1 have been able to peruho their
proceedings It lias appeared to me that
they have discussed and are discussing
the questions arising. In no narrow, selfish
spirit, merely to advance the peculiar in
terests of thH profession, but In a broad
spirit of statesmanship, to advance the
interests of the people and the nation.
I have not yet referred to what is one of
the most noteworthy and mos' welcome of
the tendencies of our times, the awakening
of bench and bar to a truer realisation of
the relative importance of substance and
form. The development of the science of
pleading la a very Interesting subject. The
dispatch of legal business in an expeditious
and rational manner absolutely required
and atlll reciulre that the claims of liti
gants should r stated with definiteness
and witb logical method. Kveryoim knows
that th primary purpose of pleading was
t discover with clearness the actual quae-
tlons In Issue between the parties, bi t t Is
e.iually known to all that In the Intricacy
and subtlety of this science tnsl wnun win
merely totnial rr inciucntsl cmne tx- re
garded ss sac raim nlal, and It Is within the
evoilect ion of some of us who cannot be
truly cslled very -old men that many a Just
causa Was Irrevocably hist, ami meny nn
unjust cause wss won upon mere technical
ities, without their substant Isl merits being
ever Inquired Into. trogresa is everywhere
now in the direction of simplifying plead
ing. The old forms are one by one helng
discarded. Only that Is retained which
serves some useful purpose of convenience
and falrnc-a. On the criminal side It Is not
so easy now to escape upon some miserable
technicality. It la only right and just that
an accused person should know precisely
what he Is charged with, hut that is all he
has a right to In the Indictment. This all
means that we are to get below the surface,
to regard the substance rather than the
form, to seek for the real thing and not
for the mere mcme. We are to preserve
so much form as Is necessary for orderly
and logical arrangement, but the form Is
only the means the end la the right and
the truth.
In a period when Industrial conditions are
Bitch that Important questions must con
tinually arise touching the relations of cap
Itnl and labor, of 'producer nnd c onsumer;
when the voice of the demagogue Is pro
claiming class antagonism; when Interests
that should meet In a spirit of conciliation
and work togetner harmoniously for the
country's progress are too often ranged
one ngalnst the other In conflict and bit
terness; when the law Is looked to as the
one and only remedy for all social and
economic Ills and t lie legislatures are be
sieged with demands for the passing of
this law and that, how great the impor
tance of stirh associations as these of
scholarly ami enlightened men who know
how laws work, who are Independent of
popular election and of party control, who
can discuss every measure freely and thor
oughly nnd exert upon public opinion and
upon parliaments the great Influence which
untrammelled thought nd learning and ex-
fierience are entitled tp exercise. I may
e too Knngulne. but I hope for much from
this Influence.
MAIIOVF.V ON POPll.AR Jl DICIARY
Scores Practice of Criticising; Judges
nnd t'onrt Decisions.
The only features of the session Wednes
day were the president's address by T.
J. Mahoney and the reports of standing
committees. President Mahoney spoke on
the subject "A Popular' Judiciary" and he
acored the practice of criticising Judges
for judicial decisions which do not meet
popular approval.
Judge 8. P. Davidson of Tecumseh,
chairman of the committee on legislation
affecting the profession, referred In his
report to the action of the legislature on
the following subjects:
The passage of tho law of descent and
Inheritance, doing away with dower and
curtesy and giving the surviving husband
or wife aUBolute fee title interest to prop
erty left by the decedent.
The passage cf laws relating to the con
trol of corporations which the report de
signates as "somewhat extreme" and sug
gests that the pendulum has swung too
far for the interests of the property rights
of the people.
The Joint resolution passed providing for
a submission to the vote of the people of
tho constitutional amendment providing
for seven Judges of the supreme court and
for Increasing the salaries of supreme and
district Judges.
B. F. Good of Wahoo chairman of the
committee on judicial administration also
made some recommendations which may
call forth a spirited discussion. In sub
stance he made these recommendations:
That It be made mandatory upon the
district judges to call a grand jury In
each county at least once a year Instead
of leaving It to the discretion of the court,
In order that such crimes as gambling,
prostitution and Illegal sate of liquors may
be" probed. i
A return In part' to the old district at
torney plan, having a prosecuting attorney
for each Judicial district who shall proso
cute all publlo crimes In each county as
sisted by tho county attorney when neces
sary, the county attorney to attend to the
civil business of the county.
A requirement tlmt "- cotinty attorneys
must be at least thirty1 vears of age and
shall have practiced lawat least five years
before their election. "
Judge W. IV McHugH Of the law re
form committee1 did'n6t make a report.
A report from the oonjijjfttee on legal edu
cation, . signed .toy Judge Vf. u.- Hastings
was road In hi : absence, recommending
t'.iai tho statutory.- requirements for en
trance to accepted law schools In Ne
braska be raised from three to four years
of high school work and ultimately to in
elude two years of college work.
Owing to the limited attendance yester
day these reports will be brought up for
discussion at this morning's meeting.
President Mahoney In his address de
clared the public and the press were both
prone to criticize the courts for judicial
decisions which did not meet with popu
lar approval though they might be legally
Bound.
"The press," he . said, "Is not an sc
curate critic of Judicial action. Its writ
ers are well trained' In matters of gov
ernmental policy and are well fitted to
discuss the merits of party Issues, but
they are not trained In the analysis of
judicial pronouncements. This is no more
to their disparagement than to say they
are not trained in medicine or surgery or
any other branch of scientific Knowl
edge."
Some of these criticisms, he said, while
made without malice or purpose of
wrong, militate against the efficiency of
the courts by Impairing the confidence of
the public In the courts.
"They also cultivate false notions as
to the function of the courts." he con
tlnued. "They class the Judiciary with
the political branches of government and
seek to make it reaponslble to the
transitory changes of popular sentiment
rather than the settled will of the peo
pie as expressed In their constitutions
and valid legislative enactments. '
He also scored attorneys for failing at
times to give support to the courts, de
claring that toward no other department
of the government is there greater need
of maintaining public confidence.
DEATH RECORD. '
Mrs. A. W liken.
ATLANTIC, la., Jan. 9-(Speclal.) Mrs.
A. Wllken, one of the pioneer residents
of Cass county, died at the home of her
son of disease incident to old age. She
was past 78 years of age and had been a
resident of Cass county for twenty-five
years. She came to this country from Ger
many, and had made a .host of friends
Her husband died many years ago, and
since that time she has made her home
with her children, seven children surviving
her.
Christopher II. Conner.
LA CROSSE), Wis.. Jan. 9. -Christopher
H. Connor, former city comptroller, one
of the best known democratic politicians
In western Wisconsin and a leader of the
Bryan campaign In . this section, died at
Spokane, Wash., yesterday, nged 3S. Mr
Connor had gone west for the benefit of
his health.
John II. Itelmere.
SCHLESWIG, la., Jan. 9. (Special.)
John H. Reimers, one of the -most In
fluential Germans of this locality, died
Wednesday forenoon. He was county
president of the Corn Belt Meat Producers'
association, prominent in county politics
and waa a large land owner.
Death Doe to Apoplexy.
YANKTON, 8. D., Jan. .-(Spccial.)-The
sudden death of Mrs. I. 8. Day, wife of the
engineer at the Western Portland Cement
works, which event so startled her friends
and the town here, has been found due to
a stroke of apoplexy. The cause of death
was at first a mystery, as Mrs. Day Vs
found dying, In an alley close to the home
of her friend, Mrs. J. t'dy, on whom she
often called when In town from the cement
works hamlet.
stock broker tuinsilli Salclde.
NEW YORK. Jan. . William Bourne
Kevin, 44 years of age, who until two years
ago was a member of the New York Stock
exchange committed suicide today by
leaping In front of a subway train at
Broadway and Sevenly-ntnth street. He
suffered heavy financial losses dujing the
last flv month.
DECISION AGAINST CARTER
rormer Army Officer Not Entitled to
Funds Embezzled from Government.
TECHNICAL DEFENSE NO GOOD
Securities Seised to Amount of $400,-
OOO W ill Partly Reimburse I'ncle
Sam for f2,2S0,000 Wrong
folly Taken.
CHICAGO, Jan. I. Judge Kohlsaat In the
United States circuit court rendered a de
rision this afternoon In favor of the gov
ernment against Captain Oberlln M. Car
ter, former United States army engineer,
charged with having embenled $700,000 of
govcrment funds through conspiracy with
Contractors Greene and Gaynor.
The court ruled that Carter was not en
titled to the J400.000 In unregistered rail
road bonds and other securities, traced by
the government to safety deposit vaults
and batiks in various parts of the country.
Under the decision the government will
retain these, 'and the famous caae which
resulted in tho conviction of Captain Car
ter and of Greene and Gaynor and the Im
posing of penitentiary sentences, Is brought
to a close.
Several Salts Consolidated.
Funds of Captain Carter, which the gov
ernment claims were proceeds of Carter's
collusion with Greene and Gaynor, are tied
up by suits pending In the federal courts
of New York. New jersey, WeBt Virginia,
Georgia and Illinois. By agreement all of
those suits were consolidated and tried be
fore Judge Kohlsaat In the United States
court at Chicago about a year ago. It Is
the claim of Carter that the funds In ques
tion were given him by his father-in-law,
the late Robert W. Westcott of New York.
The case grew out of the construction of
certain river and harbor Improvements on
the coast of Georgia. The prosecutors con
tended that the army officer and the con
tractors defrauded the government In the
sum of $2,5,000, and that one-third of this
amount, or about $750,000, went to Captain
Carter. Special Assistant to the United
States Attorney General Marlon was as
signed to the prosecution of the cases, and
after several years of work $400,000 Invested
by Carter in various states was traced and
seised. The hearing before Judge Kohl
saat extended over several weeks and
scores of witnesses were examined.
Opinion of the Conrt.
Judge Kohlsaat In his opinion said:
It must bo borne In mind that the trans
actions In this suit cover a period from
December, 1891, to 1897, during which yeare
a number of contracts were let, and that
even though Carter was not In actual con
spiracy with the contractors, yet If he
knew of the vast profits and the prices al
lowed them on the earlier work. It was
his duty to Investigate thoroughly the sit
uation and see to It that the government
thereafter paid no more than was fair
and just. Kven negligence under such cir
cumstances would have amounted to fraud.
If, therefore, Carter was cognisant of the
fact that the contractors were reaping ab
normal profit from the 1892 work, and that
Westcott was Interested In that profit and
was turning it over to him tinder any kind
of cover as a part of his share of the said
profit, he was false to his trust and should
be held liable to make good to the govern
ment all the fruits of his fraudulent acts.
SUIT TO BREAKSNELL WILL
Son of Illinois Millionaire Alleges HI
Father Was Improperly
Influenced.
CLINTON, III.. Jan. 9. Testimony was
begun today In the suit Instituted by Rich
ard Snell, son of Colonel 9nell, the late
millionaire railroad builder, in the DewUt
county circuit court to break;, th will
which cuta young Snell off with an an
nuity of but' $50:
Sensattoncl statements were made'today
by counsel for the defense to the effect
that Colonel Snell had expended no less
than $300,000 upon women during the last
ten years of his life, of which $75,000 had
gone to his alleged grand niece, Maybelle
Snell of Kansas City, Mo., now Mrs. Mc
Namara. The defense stated that letters will be
read to the jury that were found among
Colonel Snell's possessions, Indicating that
society women had cajoled nejtrly a quar
ter of a million dollars from the late
millionaire.
Richard Snell, who is president of the
Dewttt County National bank, alleges that
the terms of his father's will were the
results of an "evil and wrongful Influence,"
exerted over his father by Maybelle Snell,
now Mrs. McNamara.
Colonel Snell made his fortune building
railroads. Including 800 miles of the
Illinois Central. During the civil war he
commanded the One Hundred and Seventh
regiment of Illinois volunteers. Ho died
over a year ago at 90 year of age.
KANSAS CITY, Jan. 9.-Mr. James V.
McNamara, formerly Miss Maybelle Snell,
was married last November. Her husband
Is chief deputy sheriff of Jackson county
and the couple live In this city. Mrs. Mc
Namara and her mother, Mrs. Prlscilla
Snell .decline to discuss the Snell will caae.
C. W. Webster, Mrs. McNamara's at
torney, is out of the city today At the
time of his client's marriage here he said:
"We can easily show that Miss Snell
has a perfect right to all the property
that Colonel Snell left her and gave to
her. As far as the proof of her relation
ship to Colonel Snell is concerned, we can
prove that, too, without any difficulty.
I was In Bloomlngton last week. None of
her relatives that I found denies that she
was the millionaire's great niece."
Miss Snell was left $1,30 a year by the
Illinois millionaire, who was her great
uncle. Besides this her relative gave her
securities and deeded lands within the last
four or five years amounting to not less
than $5,0O. Thornton SneU, a grandson of
the colonel and trustee of the estate, has
Instituted legal action to prevent Miss Snell
from disposing of the property deeded to
her previous to the millionaire's death.
DON'T IMAGINE
that because our prices are so rea
sonable The Boston Lunch
Is anything but the highest quali
ty. Stop in any day and see the
high class patronage we cater to;
try home-cooked food we serve,
and note the quick service we are
able to give. You'll go away con
vinced that
"Thy have the proper system
at the lloston."
TRY IT
Open every hoajr, every day.
1613 F Alt NAM STREET.
SCHOOLS AMD COLLEGES.
DELLEVUE COLLEGE
COLXCGB Cluslosl. scUvUSc shllosasklosl
ACADEMY As soweauw kick sck
am
puavus sr tor olbst suutf sr iniflniir.
NOHMAL, SCIiOOb KltmiuUrr so lllHMl
courses. Orrtlfl aih gruu4.
COKsKttVATOKY Tksorr si siusls. si, sslM,
vtclis, slocutioo sn4 tn.
OMAHA CONNECTIONS Klntrte lis rll.-
tmm isllr. Cw M4rs Darstl tarts.
asilraas frssidral Wsoiworik. Heilsrcs, a
CLEARING SAtE
Of All Winter Good
We have just finished invoicing and find we liavfl loo
much winter goods on hand on account of tho mild "weather
this winter, so we will apply the knife and cut tho. prices to
make quick work and get rid of our surplus stock.
i
Men's Half Wool
Idlea' Wool Iloso,
2 6o kind,
sale I t
Socks,
sale price,
10c
a pair
price
A big line of Ladies' Trimmed Hats which we will close
out, sale price, $1.98 to $3.98; worth up t6 $8.00.
Teddy Silk
Bears, Shawls,
Sale Price Sale Price
25 Discount 25 Discount
A Big Line of Oil Painting Pictures, which we will close
out at prices less than you could buy the frame for anywhere
Underwear for ladies, men and children, a big line of
samples at prices less than cost to manufacture.
State Agency for Paris Patterns, all styles,"-Uk- each.
Catalogue for asking. ' ' '
JOS. EVBILZ
322 South lGtli St.
'PHONE MEN HAVE HOT TIME
Htaltlpal Ownership Prerlpltntes m
Warm debate In Con-
vent ton.
MITCHELI,, S. D., Jan. i .-(Special Tele
gram.) The munlolpal ownership of a tele
phone system precipitated a warm discus
sion this morning In the convention of tho
Independent Telephone association. A
paper on municipal ownership' of telephones
waa presented by Mr. Rndmon of Brook
ings, in which he showed the advantages
of a city owning the system and presented
the figures of surplus which Brookings
had acquired In the last year's business
as amounting to $3,300, profits on the money
invented. His paper was adversely dis
cussed by several members and J. I
Zeltlow, president of the Dakota Central
Telephone company of Aberdeen, took di
rect Issue with Mr. Redmon on the matter
of profits, declaring that it was a clear
misstatement of fact. Mr. Zeltlow slated
that he had received regular reports from
the Brookings exchange for every month
of the year Just closed, showing all the
circumstances of the business there, and
declared that he had figured out the earn
ings of the company and that the system
was now at an actual loss of $000 or $700,
Instead of the profits stated. Mr. Zeltlow
declared that he stood ready to be cor
rected If he was wrong, and urged th as
sociation to make an investigation of both
statements. He corrected the Brookings
statement, he said, for the reason that It
gay the general public a wrong Idea, of the
alleged profits Jn the telephone business! -
nOTELS.
A MODERN ANOMOLY
All the Cmforts of Home Out
side of Home
A VEXATIOUS PROBLEM SOLVED
The hotel problem in New York is a
most Important one, and its magnitude has
been greatly Increased during recent years
by changed conditions of living. Tho
hotel, once defined as "a house for the
entertainment of travelers and strangers,"
Is now becoming the permanent abodo of
thousands of well-to-do Americans. Many
of these own fine residences, but frequ
ently find it more comfortable and con
venient to live in hotels where the man
ager takes upon himself all the cares and
perplexities of housekeeping and gives
his guests the unalloyed pleasures and
blessings of home, together with a privacy
not to be found In the most metropolitan
houses. According to the Social Register
more than nine thousand New York fami
lies live in hotels instead of houses, and
the number Is constantly Increasing.
The first hotel in New York constructed
In accordance with these modern ideas
was the St. Regis. That It fills a long
felt want has been fully demonstrated by
Its wonderful Buccess. But the St. Regis
does not cater to the wants of the perm
anent home seeker alone. The very same
features which make It so desirable for
the person who lives here by the season
or the year commend It to the man or
woman whe visits New York occasionally.
The St. Regis Is homelike and Inviting,
quietly, irroatibtly, It has won Its way, un
til, with a large clues of people, to speak
of a New York hotel is to think Immedi
ately Of the St. Regis. Here one obtains
the best In the world In the way of com
fort, food, service and safety, and at a
cost no greater than at other first class
hotels. Try it on your next visit to the
Metropolis.
F J fn Weak and nsrvous msa
" whp find thlr power to
NAf.vne work and youthful vigor
ervoa gone aa a result of '.ver
work cr mental exertion should tak
GRAY'S NEKVK FOOD fllAH. Tney will
kiSks you eat and sleep and be a man again,
91 Bo 3 box.s 91.60 by mail.
IKIXUtK UoOOHVEU DSDH CO,
Corner 16tb and Dodgs sta.
OWL DHVO OOMrlvT,
Cor. 18th and maraay Bta, Omasa. Th.
Globe Tanning 01
Manufaxtirii Co.
Sss Molnss, Iowa.
We tan all kinds of hides you send us,
both with hair on and off, mssc them
Into coats and robea. VCrtte for srtpplng
tugs and booklet. JaooB Baysr, J. A. Smith.
wxn sows towi
Eat your noonday lunch at th
TBW SXXX QB AMD OATS
Restaurant Prices
Her Or and Servlcs
crl r i
1A ROUKKES
ABI BAXiZi SillDQOlITllI
AXIi LElDIVa BBAJTSa
-CIGARS-
80S TBAJDB A gPEOlAXTV
Sl So. 16th a treat.
Sua-
pcnrlera,
sale price
a pair...,
29c
... W
Child' Wool Hoods,
a big line to select
from, worth np to
11.00, .ll?
sale ip
price . .
OMAHA, NEB.
BEATsnsEEasESErSCTa
35c Ribbon Nail
Files
With Case, Fridav fQ
only lyc
Complete manicun? seta, rousis'.
ing of buffer, orange, vntnl
sticks, nail powder, pmni r.
stone and three emery
boards, all for JlZC
Beaton. Drug Co.
Fifteenth and Farn&m.,
P. S. Beaton's Hot Coroa
pleases the most exacting.
Homesoekers
excursions
Southwest
January,, 21 !
Feb. 4 and 18
..i .
The rates of fare are very low
for these round-trip, first.--.
class Horueseekers' tlckcss.
To most points but slightly
higher than regular fare one
way; to many points even
less..
Land Values are increasing tn
the Southwest. Invest jour
capital and your energy
where all conditions are fav
orable for success. Send for
free HomeHeekers' Excursion
leaflet and an Illustrated
book about the section you
would like to look over.
Let me know how your Incli
nation lies as to Kansas,
Oklahoma, Texas, New Mex
ico, Arkansas, Missouri or
Colorado so I can send liter
ature of especial interest to
you.
l'lan a trip of invetttgation
don't let a good thing get away .
from you &vcce$ awaits you in
the South-went; will yen geek i(T
JOHN SEBASTIAN,
Passenger Traffic
Manager,
CHICAGO.
AMUSEMENT.
BOYD'S THEATEK
Friday, Saturday anil SiindHy
JANE CORCORAN .
Fridav and Saturday-
x "A DOLL'S HOUSE"
Sunday "HEPPA QABLEB"
Monday, Tuesday nnd Wednesday
ISABEL IRVING ,
In "Th Olrl Who Has Brythluf '
Jan. 16. 17. MBI. tESLIB CABTBJt
lWw nAfc?l - Doug
ADVANCED VAUDEVILLE.
Matins Pally 8:18 Every Might 8:15
TBIS WEEK MasteV Cuhrlc J & Co..
Hope Booth & Co., Violet L'ale, Krneslo
Sisters. Sidney Grant, .lames and Hudia
Leonard and Richard Anderson, iluiun
Boiniu and Hrrr and the K InodroiiiB. ,
FBICEBlOc. 86c and 50c,
KRUG
THEATER
Prioss 1S-85-90-7SC
TOWIOHT BAZ.ABCE OT WEEK
HAP WARD
in
NOT YET BUT SOON
hit weexSdpibba
AUDITOIUUM
ROLLER SKATING
BTEBT AFTEBJf OOW AJTD SVSBXBO
ALX. TBI WEEK EXCXPT11CO
TB UBS PAT.
PRIZE MASK BALL!
DT7BABT TIBS PEPABTMERT
Washington Hall, Jan. 11
23 PRIZES
"TS BOO- LADIES 85o I
MASKS 'OB SAZsVJ AT MALL
Men's Crown