The Nebraska independent. (Lincoln, Nebraska) 1896-1902, April 12, 1900, Image 1
VOL. XI. LINCOLN, NEBRASKA, APRIL 12, 1900. NO. 48. THE BOER COMMANDER An Interview with Gen. Botha, who Suc ceed Gn. Jonbert in Command In ; : South Africa. t Plutocracy secured an enormous ad vantage, when it seized control of the new agencies and means of communica tion with, the people. It is not only in this land, but in. all. lands that they have. done, this thing. By this means the British government in the control of such men as Chamberlain and Rhodes, have been able to inaugurate and carry out a most unholy war against an inno cent people and spread devastation and death over two continents. ' By the slow means cf the mails and slow sailing ships, the people are just beginning to learn some of the facts in the case as they really exist. All honorable Ameri cans who have been in the Transvaal have just one story to tell. Webster Davis is so impressed with what he saw that he resigns a very important and lu crative office to be able to tell what he has Kfn in that land of blood. He brought back with him the story of the battle of Spion Kop as told by Howard C. Hillagas, the author of "Oom Paul's People," who was on the battle field himself shortly after the British retreat ed. Mr. Hillegas rode in the same train with Gen. Botha from Spion Kop to Pre toria and had a long interview with him which was published in the New York World, from which the following ex tracts are made: To show how successful General Botha was in combating the British forces it is only necessary to say that seven days after the battle there remain ed on the fides of Spion's Kop and in the valley below more than seven hun dred bodies of English soldiers, while the total loss of the Boers was fifty kill ed and one hundred and twenty-three , wounded. The total Boer force engaged in the fight was not more than three hundred and fifty, while the British force was no less than two thousand, and probably twice that number. Immediately after the conclusion of the . battle General Botha said there . would be no danger of another British attack for several days, and returned to Pretoria to visit his family, which he had not seen since the beginning of the war. It was while going on this brief vacation that the general entered the same compartment of the train by which I was returning to Pretoria, and told me the.story of the fight. I had reached the scjie of "the fight several hours after the cessation of hos- .tilities, but not too late to view the hun dreds of dead bodies of British soldiers. Botha (pronounced Boat-a) is a farm er,' and modestly claims to know more about sheep raising .than he does about fighting. He is only thirty-six years of "age, and almost every year of that time he has spent in raising sheep and cattle on the large ranges of land in the Vry held district of the Transvaal, Like Jill Boers he is a democrat of democrats, and when he told me the 'story of the fight he was clothed in a suit of clothing that might have been dear at $10 when he bou ht it. He wore no collar or scarf, an old, stained, broad-brimmed hat surmounted his head, and the elbows of his coat were worn through. Apparently he left his flocks of sheep and, without changing his clothing, went to the battle field to assume command of his burghers. He did not seem to be proud of his victory, but spoke only of the bravery of the British soldiers and the injustice of . the war which made such slaughter necessary. "After the battle of Colenso," the general began "which the forces under my command won as a result of the careful planning of President Kruger and their own prowess, 1 was preparing to return to Pretoria for a short rest .when I received instructions from the president to go at once toward the Upper lugela, whither the liritisn forces were advancing to the relief of Ladysmith. They had crossed the Trichardt's Drift and were on the main road which leads into the besieged city when I arrived in General Burghers camp at 3 o'clock ' in the morning. 44 1 saw there was nothing to do but prepare for an . immediate attack, and for four days we fought hard on a large plateau to the right of Spion s Kop. On the evening of the fifth day the British forces suddenly retired toward Tri- chardt s unit, but instead of recrossing the stream they toolc up positions on . Spion s Kop. This point was of great strategic importance and General Burg- er and 1 agreed that we must have it JJunng the night we selected our men from different commandoes in the vi cinity, took our positions and waited for the dawn before beginning hostilities. . "Qnly 350 "men were in these positions, but there were more near by to render assistance if it became necessary. Dur " ing the day before we estimated the British forces at 3,000, although there might have been more. "There was a heavy mist over the top of the Hop at dawn, and it was impossi ble for us to see the British forces, but we knew they were there, for almost as soon as I gave the order to begin the ascent the fighting began. My men climbed slowly but steadily under the .tire of all sorts of guns and started to , drive the British back to the top and down the other side. . -M-Oward the top me mist was so thick that the -smoke of the enemy's rifles, mingled with that of ours and for a short time the soldiers of the two com - batants were running against each other. . Our men were being killed and wounded by the dozens, but the others kept on toward the top. Shortly Jbefore the summit was reached the mist lifted and then our men could see those of the enemy. - " t "For a short time it was really amus ing to see our men so close to the British soldiers that at least twenty -five of them were able to seize their rifles from their hands. Finally, after very severe fight ing, we gained the - day, and as night came over the scene, we had taken 200 prisioners. The British retreated dur ing the night, leaving many of their wounded and all their dead behind on me mountain top. "The following morning I personally counted the dead bodies and found 650 of them scattered around the hill. The wounded left on the hill all night were 300 and these I sent back the following morning. On the other side of the hill no less than 150 British were killed. "The loss on our side was fifty killed and 120, wounded." General Botha refused to tell me what part he took in the battle, saying that all the honor and glory of the victory belonged to God, who gave it," . and it was impossible to secure a word from him on the subject. President Kruger directed the bat tle," he said, "and I merely followed his orders. As soon as I arrived at Spion's Sop, I telegraphed the details of the situation to him at Pretoria, and within a few hours I had a long reply from him directing me to make certain movements against the enemy. I obeyed his orders and we won the battle." ' From one of the men who went up the hill I learned that General Botha was one of the first to reach the summit. and that he himself took two rifles from the hands of British soldiers, one of whom he knocked to the ground with the butt end of his revolver. WHY MORTON RESIGNED He Wanted Ten Thousand Dollars of the . Boodle and When He Didn't Get it, Resigned. A majority of the executive committee of the Sound1 Money league is in favor of continuing the league and of taking part in the national campaign in case, the democratic platform contains a free sil ver plank. It was the wish of J. Sterling Morton. brmerly secretary of agriculture, and until recently the president of the league to close up the organization and to have the balance of the treasury, amounting to something over f 10,000, devoted to the continuance of publishing sound money arguments in a paper, the Con servative, published by him in Nebras ka. The other members of the execu tive committee of the league were not in sympathy with Mr. Morton, either with his idea of closing the league or his dis posing of the treasury balance,and these differences of opinion are, it is said, re sponsible for Mr. Morton's decision to refuse a re-election as president of the eague. . ..-, Examine the date with the address on your paper, or on the wrapper, and if de- inquent send in" the amount due with out delay. ' . ' ST. HELENA The Wave Washed Roc Its in the Lonely Sea Where the British Hare Sent ' Cronje. The famous island was a Dutch pos session on two occasions. In 1645 the Dutch attempted to establish a settle ment on the island, but relinquished it to the English in 1651; and in 1668 the commander of a homeward-bound East India fleet of English vessels took formal posession of it in the name of Charles II. In the same year that monarch made it over to the East India company. In 1672 the Dutch again obtained pos session, but in May, 1673, it was recap- ured by Captain Richard Munden, with three ships. Almost throughout its entire circumference of twenty-eight miles, the island presents to the eye an unbroken, wall of cliffs, varying from 500 to 1,000 feet in height; and there are only two places at which a landing can be effected,' namely, James' bay and Rupert's bay. The latter of these, having no water supply, is not habitable, but the Dutch have fortihed both these positions; and occupying them in force at the approach of the British ships, tney consiaerea memseives quite saie. Captain Munden, however, landed 200 men on the rocks in Prosperous bay; and one sailor, scaling the most macces- siole cutis, let down to nis comrades a rope-by which they all climbed to the summit. This feat is still commemorated by the precipitous rock known as "Hold Fast Tom.", The , Dutch, being thus taken in the rear, surrendered, and the island has ever since remained a British possession. Une of the chief objects of interest in St. Helena is the house at Longwood in which Napoleon passed his captivity. The plateau of Longwood is about 2,000 feet above the level of the sea, and bounded by deep ravines. It is on the Rupert Hill side of the ravine in which Jamestown is built. Here, are the long. low buildings m which .Napoleon lived and the new house which he did. not live to - occupy. Here also is Marshal Bertrand's cottage. Napoleon's tomb is in Slane's valley. - about a mile from Longwood. But the body was removed to France in a man-of-war by Prince de Joinville in 1810, and now lies under the dome of the Hotel des Invalides in Paris. Perhaps the taking of General Cronje andliis men to St. Helena would restore to it some of its former prosperity. For some years the island has been getting deeper into 1 financial straits, and the population has been steadily diminish ing. In 1871 the inhabitants numbered 6.444: ten vears later the noDulation was 5,059, while by the census of 1891 it was only 4,11b, including the garrison. Your attention is called to the article on page seven, Watches for Everybody." It is a most liberal offer. ' A. good watch- guaranteed for a club of twelve cam paign subscriptions ' THE MAN WITH THE HOE Bryan Writes a Prose Poem that will Ac company itin the Hearts of i, the People. '..' Markham's wonderful poem entitled, The Man with the Hoe" still continues o attract attention in this country and fciurope. lhe critics have dissected it, the plutocrats have denounced it and economists have studied it. In last Sun day's New York Jonrnal there appears an article from the pen of W. J. Bryan, along with others from Justin McCarthy and Richard LeGallienne concerning it. Read these .words of Bryan' and then re flect that there are men calling them selves populists who organize to defeat him for the presidency where he would have the opportunity to make these prin ciples potent in the government of this republic. "It is not strange that Edwin Mark- ham's poem entitled -'The Man with the Hoe" created a profound sensation. It is a sermon addressed to the hearj. and its lesson is not limited to any nation, race, or clime. 'It voices humanity's protest against inhuman greed. There is a majestic sweep to the argument,and some of the lines pierce like arrows: Is this the thins: the Lord God made and crave To have dominion over sea and land ; lo trace tne stars and search the heavens for power: To feel the passion of eternity? Through this dread shape the suffering ages look; Time's Tragedy is to that aching stoop; Through this dread shape humanity betrayed, " Plundered, profaned and disinherited,' Cries protest to the judges of the world. " Is this the handiwork you give to God? How feeble, in comparison, have been the answers to it! The poem deals with the condition.the cause, the remedy and the warning. f The condition is set forth in the lines: Down all the stretch of hell to its lastsrulf There is no shape more .terrible than this More tonged with censure of the world s blind greed More filled with sighs and portents for the soul More f rough t with menace to the universe. . It is not an answer to the indictment to say that the poet selects his type from the middle classes but from the low est level. He is dealing with the mill which takes in, as raw material, the man made in the image of his Creator, and, if it is allowed to complete its work, turns out as the finished product, v A thing that grieves not and that never hope. Sometimes it is a tyrant who oppress es for the benefit of himself, his family and the warriors upon whom he relies to enforce his authority; sometimes it is an aristocracy which gathers in the ruits of power and throws upon the masses the burdens of government: some times it is a plutocracy which openly ex alts money and debases flesh and blood: but everywhere it is the same brutal spirit which ignores the brotherhood" of man and violates the commandment: fThou shalt love thy neighbor as thy self." V The extremes of society are beine driven further and further apart. Wealth is being concentrated in the hands of a few, and tenacity is on the increase. At one end of the scale luxury and idleness breed effeminacy; at the other end of the scale want and destitution breed desperation. Civilization cannot be measured by the refinements and the enjoyments of the rich; the toilers who produce the nation's wealth in time of peace and con stitute the nations strength in time of war must participate m every forward movement of the race. In fact, they are so important a factor that the real ad vancement of the. race is measured by their advancement. ImprdVed machin ery and inventive genius have multiplied the productive power of the individual, but the producers have not received their share o f the increase. The capital istic class and the speculating class have enjoyed and are enjoying, too large a part of the proceeds of labor. What is the cause? Who made him dead to rapture and despair? The literary sycophants who strew rhetorical flowers in the uathwav of - the successful, without inquiring into the metnoos employed tor securing success, complacently throw the responsibility for failure in life uporxGod, or Nature, or upon the man himself. Is it the fault of God or of Nature that children are driven into factories at so early an age that their bodies are stunted, their minds dwarfed and the strength and usefulness of future generations lessen ed? Is God or Nature responsible for laws which permit this impairment of the man-power and woman-power of the nation? The labor organizations have done much to mitigate the evils of child labor and to shorten the hours of adult labor, but what encouragement have they received from those who favor gov ernment by injunction, oppose , arbitra tion and denounce as disturbers of the peace all who criticise existing condi tions: Is it the fault of God or of nature that our tax laws are so made and our tax systems so administered that the poor man pays more than his share of the taxes, and the rich man less than his sharer Is God or Nature responsible for nnanciai system wnicn raises the pur 1 A. 1 " 1 chasing power of the dollar in the hands of the money changer, while it increases the burden of debt to the man who - J 1 II 1 . owes, ana decreases tne vaiue ot prop erty in the hands of the wealth pro ducers r Is God or Nature responsible for paper money trust that makes the people at large tne victims oi private individ uals entrusted with the control of the volume of currency? . Is God or Nature responsible for pri vate monopolies that corner the markets. extort from the people and disburse the proceeds among the holders of watered stock r - ; ... . ' - Is God or Nature - to . blame for;; the substitution of : force for . reason and might for right in government? Is God or Nature responsible for the nation's entrance upon a career of conquest, en tailing upon the many the burden and menace of , militarism and ; conferring upon the few the benefits of exploitation? The United estates Supreme Court has coined the phrase, "larceny by law," and compared with ordinary stealing1 this form of theft may be called , grand arceny; and yet wholesale wrongdoing is never , taken into account , by those who assume that all who are poor de serve their poverty, and that all who are rich earn their riches. If, one emnloys another 'to commit .robbery he Js as uilty as if he commits the act himself; oes it change the moral character of the ; actv because, the injury is done in directly instead of directly? Does it change the moral character of the act because the injury is done through leg islation which he has secured or in the absence of some righteous law the pass age of which he has prevented? . The accumulation of wealth by honest means is to be encouraged, but the line must be drawn between honest wealth the.reward of brain service or muscle service 'rendered and pedatory wealth which defies the law or turns govern ment itself into a machine for the plunder of the public. The indolent cannot expect plenty under any just form of government, neither can the vicious expect happiness, but under bad laws those who work the hardest may. enjoy the least, and those who labor least may have the most: But the remedy: How will you ever straighteifcup this shape, Touch it again with immortality? Give justice to every creature justice in the methods of government, justice in the making of 'the laws, justice in the interpretation of the laws, justice in the execution of the laws. Justice first and charity afterward. Justice will not ' eliminate . distress entirely, but it will greatly reduce the number of those who come within the description of the poet. There will stil be some poor, and destitute, some desl perate. Generations of vice will trans mit tendencies toward vice, which must be reformed. 1 Some will be the victims of unavoid able misfortunes they will need the aid of the more fortunate. The orphan will need a foster-parent, the widow will need a friend, the aged without relatives will need a benefactor. The weak must be encouraged by the strong; those who fall must be lifted up. Love is the antithesis of greed; it will inspire both, justice and mercy. Love and love alone1 can regulate the relations between man and man and plant a hope in the breast of every child born into the world." : When every man-made wrong is rem edied there will be suffering enough to enable every person, to - prove his love toward God by manifesting his com passion toward his fellows: ' But the poet presents, also a warning: How will the future reckon with this man, How answer his brute question in that hour When whirlwinds of rebellion shake, the world? ' ' - How will it be with kingdom sand with kings With those who shaped him to the thingbe is When this dumb terror shall reply to God After the silence of the centuries? In monarchies revolution is the only weapon of the oppressed; under, our form of government wrongs are righted by the ballot; but even here the longer a necessary reform is delayed the more flicfiirhnnon Jt.c nf rnmnUebmATit. cancda ' Victor Hugo has described the mob as the human race in misery." We can not afford to make people miserable. Life is secure and property rights are respected in ' proportion as the people and life worth living. Happy will be the lot of all when each member of society ; makes to society a just and adequate return for that which he receives from society. Happy will be the lot of all when each member of so ciety recognizes the indissoluble tie that binds together the highest and the low est, the strongest and the weakest, the richest and the poorest when each member of society aids according to his ability to give baj.t to the poet's subject: the upwar loo It lug and tne light; , Rebuild in it tb; inusic and the dream j ' ' - Make right the iimemorial infamies, Perfidious wrof "fs, immedicable woes. . Keep the special offer for campaign subscriptions in , mind. Do a little mis sionary work in your neighborhood It'll help the result this fall. Education al ways wins populist victories. Educate a few. of your neighbors by . sending them the Independent. - - GENERAL JOUBERT He Had the Characteristics of Daniel Boone, Sheridan and Grant, with - i Others of His Own. General Joubert was, to the Boers of the Transvaal, drill master, strategist, organizer and war .minister. He was a fighter, like Daniel Boone, with his rifle in his hand. He was a fighter like Sheridan, leading his men to battle. He was a fighter like Grant, planning great campaigns. He was a war minist er like Stanton in the imperious mastery of those details that make great cam paigns possible. . , Ueneral Joubert was a great soldier when he lead the daring spirits of the Boer army against the British twenty; years ago. ' He madd the Boers a nation of sharpshooters and hard riders. His riflemen and his mounted infantry men were even among the best in " the world. When he was told that an army so or ganized and equipped could not beat back an army organized on the modern plan with infantry, cavalry, and artillery he went to Europe and came to this country to study modern methods. That was ten years ago, and he began at once the organization of the Boer on a system that made every farmer in his ranch or cabin a soldier ready to re spond on the instant, armed and equip ped for service. He brought modern artillery, imported instructors from the best European armies, drilled his men in artillery practice, in fortification and in the care of armaments, and. when last fall the .British advanced against : the Boers they were confronted by columns that had not lost the. old mobility that had acquired in addition a solidity and a steadiness superior to that of the Brit ish themselves. . , ' - The column under the immediate command of Joubert drove back General White from advanced positions and pen- i ned him up in Ladysmith. It drove back the' veterans under Buller half a dozen times. By quick movements and masterly strategy Joubert as commander-in-chief compelled the British to fight where he willed, and, showed himself in his tiue light as one of . the greatest of j modern warriors. ,, : . Joubert's death takes from the Boer cause a great element of strength. Coupled with the loss of Cronje, it weakens- almost beyond estimate the leadership in the field. Ever since Ma juba hill, Joubert has been a central figure in the TranbvaaL He has fired the imaginations, strengthened the as pirations, developed the heroism" of his men, and made patriotism, almost a re ligion. He said in .an interview in Chicago ten years ago that while he dreaded war he wculd resist those who attempted to overthrow : the South African republic even if only twenty men stood by him. - This was the spirit of the great Boer captain. He breathed it into his people. Young men and old have stood with him on scores of fields in the passionate devotion to his country and its institu tions that controlled his every act. He frequently said: "I will fight until I die," and . he doubtless would have counted death a mercy had it come be fore the recent defeats of his country men. r , . It is almost impossible to . say what will be the effect of the death of the great general on the Boers. President Kruger himself is said to be no mean soldier, but it is known that he trusted Joubert in all matters 'of war. There are younger officers in the field, but they all have been trained to blind obedience to the great captain who has been called away. Inter-Ocean. MARKHAM REPLIES To Justin McCarthy's article on The Man With the Hoe, the author of that celebrated poem replies as follows: - "Hon. Justin McCarthy's article does not show so clear a comprehension of the Hoe-problem.- He is right in : think ing that the Hoeman is "a sort of sym bolic personage," but he is wrong in thinking that the Hoeman refers merely to the brutalized farm laborer. In the large sense, the Hoeman is the symbol of the oppressed worker in ail . lands and in all labors. He might be a man with a gutter-broom in a London alley, a man with a needle in a New York sweatshop, a man with a pick in a West - Virginia coal mine. He may be any man forced to the wall by the special privileges con ferred upon the Pew. The Hoeman is a symbol of all toilers stunted and misshapen by human greed and injustice. In the same was 'the fool ish virgins' in the parable are not mere ly those who fail to look after lamps and watchtowers, but include ; all persons who fail in any duty. . In the Hoeman we seethe degradation of man through endless, hopeless and joyless drudgery. He is not going up ward in step with the divine music of the world. The motion of his life has been arrested, if not actually . reversed. This piteous hulk of humanity , is infer ior to the roving savage, who has grace in his motion and a rude and lofty elo quence in his speech. So he is not a man moving upward in the grasp of 'ev olution. He is not a relic of barbarism. He is the savage of civilization. .1 regret that Mr. McCarthy (in his hurry) did not happen to see that the Hoe-problem covers the whole problem of degraded labor. 'Mr. McCarthy is an Irishman, and has seen his - own coun trymen under the scourge of rack-rent and Scraping poverty. He is also an English statesman, with scholarly hab its of thought: and it would have been instructive to all of us to know more fully how he looks on the problem of in dustrial oppression. - Mr. McCarthy sees the evil conditions around" the workers; but asserts that 'day by day we see men rise, out of these conditions in cities and towns." True, there are a few who can shoulder their way against the evil environment.. Now and then we have a Lincoln and a Lou bet rising out of forest and furrow. But at the same time how many worthy men how many tender-hearted men, go down under the felony of circumstances how many high ambitions and holy purposes perish through,, the lack of opportunity! 'Aspiration, when it falls into the power of circumstances, is an angel broken on the wheel'." ; . ; ;. MILLS IS PARDONED Governor Poynter has liberated Ben jamin Mills, a banker from Harlan coun ty, who was serving a five years sentence for a violation of the banking laws. Mr. Mills has served two and one-half years. He was released - f rom the penitentiary March L '-::' ":; " Mills was convicted of violatieg the banking laws in that he secured $7,000 of public funds dfEzra Whitney, the county treasurer of -Harlan countyand did not enter the amount on the bank books as a deposit of the county. The men were tried separately. Whitney be ing sentenced to serve three years in the penitentiary and Mills five years. - Both men were later released on parole by Governor Poynter. f " ' " The attention of the readers of the Independent is called to the market re port to be found on page 7. It is fur nished by the well known H. R. Penny & Co., of Lincoln, and covers the. weeks transactions. Anyone desiring special information as to the market for any particular product should write them. ATTORNEY GENERAL SMYTH Review of Some of the Important Cases He - Has Conducted for the State -. Very few people in the state realize thevarduous labor of the principal legal adviser of Nebraska! During his three years in pffice Mr. Smyth has prose cuted to a successful determination more important cases than in all the history of the state. This is not "Ex aggerated praise" but is a'calm state ment ' of fact as a review of . the most important cases wiirshow. . . Mr. Smyth's - record Is one that he has a right to be prqud of. The fusion forces for years to come ; will point with pride to the legal battles, and to the victories won by Mr. Smyth. Bolin vs.. the State, was the first im portant criminal case which claimed the attention of the attorney general. Bolin -had been convicted in the dis trict court of Douglas county of the embezzlement as city treasurer of the sunt of $105,000, and was sentenced to a term of nineteen years in the state penitentiary. He brought his case to the supreme court, where it became the duty of the attorney general to sus tain the judgment of the lower court. There " were over 1,000 pages of testi mony in the record which had to be mastered, inyolving much time and hard labor. Besides the mastering of the testimony there were nearly 250 points of law tc be met. Some of them presented great difficulty, and required much research and study.- An elabo rate brief was prepared, the case was argued orally, and was affirmed by the supreme court. Bolin is now serving out his sentence in the penitentiary. The State vs. Bartley. ' Soon after Mr. Bartley's term expired it became evident that he was short in a large amount, and that In all probability criminal action "would have to be brought against him. To prepare for this was a work, of great magnitude. It was well understood by the attorney general that Mr. Bartley, if put upon trial . for embezzlement, would be de fended by the best legal talent of the state, wiat great influence, social, com mercial and political, would be brought to bear on court and jury in his favor. That the attorney general was not mis taken subsequent events clearly dem onstrate. '-' . , . . ' Every entry in every book of the state treasurer's office, as well as every voucher therein appertaining to the receipts and disbursements of the mil lions of dollars handled by Bartley during his-.four years had to be ex ! a mined -with greatcare. Consequently Mr. Smyth placed a corps of experts at work in the treasurer s office, as well as In the auditor's office, and under his direction the. work of examination and familiarization, was prosecuted night and day; for more than three months with the .result that when the trial of Birtley came on in June the thorough knowledge displayed by the representa tives of the attorney general s office with the ex-treasurer's accounts was the. theme" of , constant surprise to the members of the bar, the court and the press. iv :. - . Mills vs. The State. The defendant Mills was a banker doing business in Harlan county. He induced Whitney, the county treasurer, to deposit with him certain of the county funds. This was a violation ; of the criminal law, which declares , it to be embezzlement for anyone to aid a county treasurer in the loaning, and a deposit is a loan, of .the public , money. Mills was the first banker ever put on trial in this state for, such an offense. The case created a . great deal of .interest throughout the state, especially among bankers. For there were few of them who had not ; received deposits from public officers under substantially the same, circumstances. The case was fought vigorously, and the novelty of the. point involved as well as its far reaching effects made the work of prep aration for the defense in the supreme court, of the judgment rendered in the court below, sentencing Mills to five years in the penitentiary, a difficult one, and required much time and ex ertion.; 'A very lengthy record as well as a great many contentions had to be considered. The case was finally sub mitted to the supreme court and the judgment of lower court affiPtned. Eugene Moore vs. the State. This was another very important criminal case. Aioore had been state auditor. He embezzled nearly -$24,000 of fees received v from insurance companies, The attorney general caused him to be arrested in Lancaster county and he was bound over to the district court A long and arduous legal battle fol lowed in that court in which the con stttutlonality of the law under which Moore had received the fees was chal lenged. It resulted in Moore being sentenced to eight years in the state penitentiary.. t V Afterwards the judgment against Moore was reversed by a divided court, The State vs. Joseph Bartley and his sureties: This case was brought in March 1897,. in Douglas county to re cover from Bartley and his sureties $555,000. ;. Every means was resorted to by the defense to prevent its coming to trial, but finally in June of the same year .an order was made setting it for trial at the opening of the September term. The trial was commenced and lasted about three 'weeks. It was a bitter fight. Eight lawyers, some of whom iwere quite distinguished at the bary ; and e. all , of whom ; were of , good standing, represented the defense. At the close of the trial, and after a most arduous contest, owing to a change of position by the court on a vital point, the attorney general found it necessary in order,, to .fully protect the Interests of the state, to. dismiss the case. He was sharply criticised for this by his political opponent? throughout the state, but the event proved that his judgment was correct. . The next day after the dismissal he recommenced the -ase. After a num ber of objections, motions, eta. by the defense were disposed of, the case was again set for trial in February, 189S. This timfr it occupied five weeks, and resulted in a verdict against the state. As quickly as possible, the attorney general took the case to the supreme " court, and endeavored to have it sub mitted to that tribunal in the follow ing June, but the opposition of the de fense prevailed, and it was set down for hearing in the following Septem- oer. . . -. v-r.-, . . 'The mandate reversing it was sent to the lower court in the latter part of March, 1899, but owing to the fact thafi the term of that court was about to adjourn, nothing could be done until the May term. In May the motion of the attorney general came up in the district court of Douglas county to set the case for trial and then followed one of the most remarkable legal battles la the history of the state. The sureties secured from Judge Frost of the Lancaster county district court a restraining or der forbidamg the , attorney general " and the governor to proceed with the trial of the case in Douglas , county. Upon the application for a. temporary njunction before the , same Judga engthy arguments ensued, resulting n . Judge Frost deciding in favor of the state. But he was persuaded there after to set aside his order and set the case for. hearing before 1 the entiro bench. Great , preparation was neces sary for this contest. Some of the old est and best lawyers of the state wert arrayed against , the attorney general. Some two days were devoted to the ar gument; and the matter was submitted to the court in the latter part of May. After waiting a reasonable time for a decision, the attorney general reached the ronr.hision that for nnma reason the court was not disposed to expedite the matter. Relying upon his judgment, that the order of Judge Frost was void, he determined to dis obey it and force a trial of the case in Douglas county. If he did not do this the case would go over until the fall term, and be tried in the midst of an election. Politics, he reasoned, would then cut more figure than the law in its determination, and he therefore concluded that his duty to the state re quired him to insist upon a trial, not withstanding the order of the district court of Lancaster county. Accord ingly he proceeded with the trial. Some three weeks were again occupied and after . a h eated legal contest the court instructed the jury to return a verdict for the state in the sum of $646,318.45. The day after the verdict was .returned the Lancaster county judges rendered a decision in favor of the state, and thus' confirmed the judg ment of -the attorney, general when he determined to disobey the order. .- Jn due time a motion for a new trial was filed by , the defense and another legal contest i followed.' The motion was overruled and. judgment entered - for the state. From this judgment the sureties brought , the case to "the su preme court, where they were repre sented 'by the same attorneys supple mented by two of the ex-commissioners of the supreme court. More work, long hours and constant application was necessary to prepare for the argument of the case. A. rehearing has been granted to the state, and this indicates that the state will finally win. in the supreme court. Holt County vs. . Scott. This case la known as the Barrett Scott case. It was brought on. the bond of Scott, the defaulting ex-treasurer of Holt county. The state had no direct Interest in it before it eame to. the supreme court. While In that court It developed that the bond sued on had not been ap proved within the time fixed by law. Mr. Smyth prepared the brief and won. By doing, so the decision of the district court of Douglas county; against the state was, in principle re versed and the validity of the Bartley bond established. Simpson vs. Union Stock Yards. This is an action brought in the fed eral court to restrain the enforcement o the act of the legislature fixing the. rates of charges to be made by the yards. The question presented ou the application for a temporary injunction included all involved 4n the maximum freight rate case, and many others of. equal difficulty. A temporary injunc tion was issued, and since that time testimony -has been taken in Omaha, Chicago, Denver, Kansas City, and other points, in preparation for th final submission Of the case which is expected to take place in the course of a month. In the meantime., the yards have reduced their rates very materially in some instances below; those fixed by the law. Niagara Fire Ins. Co. vs. Cornell t al. This is another Important case in the feueral court. It was brought by certain of the foreign companies doing business in the state, for the pur pose of testing the constitutionality of the anti-trust law.. The application for a temporary injunction has been ar gued. ' . State of Nebraska vs. First National Bank of Alma. This is a case upon a depository bond and is now pending in, this federal court. It involves $40,000. Many demurrers, objections and mo tions . have been filed and. argued, re quiring much labor, and all thus far have been decided in favor of the state. State of Nebraska vs. McDonald, . re ceiver of the Capital National bank Over $236,000 is involved in this case. A verdict was returned for the state in the sum of about $236,000. Afterwards judgment Was rendered - thereon and from this judgment the defense ap pealed to the United States circuit court of appeals, where the case was argued by the attorney general in be half of the state. ; A few days ago the attorney general was notified that the court had decided in his favor. The state will receive at once about $40,000. .- Nebraska Telephone Co. vs. Cornell. This and the express company case in volve the constitutionality of the law