Harrison press-journal. (Harrison, Nebraska) 1899-1905, December 28, 1899, Image 4
is u;:co:i$TiTUTio;iAi INSURANCE LAW DECLARED VOID BV SUPREME COURT. Fsaturs of Tax on Foreign and Domestic Companies Is th Objection. Lincoln. Neb. (Special.) By a Sect alAti rtt th aiir m eiirt tha w liatiwnA laur nAUMl at tttA laat la. Ulature haa been, declared unconstl- tntinnA) Thft Rartlv pal frnm tha district court waa reversed and a new trial or the bondsmen craerea. f-K WMVr law waw nacted t rt rr. at a new Insurance department and divert the supervision of the insurance business of the state from me auaiurr to the new department, at tne neaa wrtitfH. t Ha. rnvrnnr was lilarwl Hie court concluded the law waa un constitutional because of its tax fea ture. According: to its provision do mestio insurance companies were taxed a&n ' - horlur an1 nfpalULrv DADera. paying- an additional $20 for the filing ef each annual statement. Every com pany from states other than Nebraska was compelled to pay Iiw tor cnaner and necessary papers and an additional t7s tnv &ath amendment and S50 V. W " ' " - -. -- for each annual statement. It also pro- ..... ... . m - vioea mac tnese lazes otiu ic:b snyum be in full of all fees ana taxes except taxes on reai estate. CONSTITUTIONALITY OF BOARDS The board upheld the constitutional ity of the founding of the new depart nun) rhifh la a noint raised in con nection with every new board created by the legislature, ine judges were unanimous in their decision. VSipthi nn this um notnt of eoriStl tutlonallty of these boards, the court rendered a direct decision in the case tkA Pflxiflu Fynrnfl comnaxiv aa-ainst Cornell. The opinion was written by Judge Harrison, and the case was ai flrmed. There was an attempt made H v th aecretariea of the state board of tranimortatlon to rerulate the rates charred by the express company. tv jt-t.itt irnrt r.f X .u npy M r coun ty first granted an injunction, but later .... n . 1 1 J t-. dissolved ic f rom mw un-mw company appealed, relying- chiefly on the contention that the law creating the board was unconstitutional Their claim was held not well founded and the decision dissolving- the injunction was affirmed. The opinion was written by Judge Norval and this is the syllabus: First The Judiciary may not declare an act of the legislature unconstitu tional unless it is clear that it contra venes some provision of the fundamen tal law. Second By section 1. article 9, of this constitution, the public revenues are required to be imposed by the levying of a tax by valuation "so that every person or corporation shall pay a tax In proportion to the value of his or her property and franchises." Third The rule of unlnformity pre scribed by section 1. article 9, of the constitution, inhibits the legislature from discrimination between taxpayers In any manner whatever. Fourth Under section 4. article 9, of the constitution, the legislature is pow erless to pass a law releasing or dis charging any Individual or corporation or property from the payment of any portion of the taxes to be levied for Siate or municipal purposes. Fifth Sections 36 and 37, chapter 47, laws of 1899, insofar as they attempt to exempt the property of insurance companies from taxation or release or -commute the taxes of such companies, re inimical to sections 1 and . ar ticle 9 of the constitution, and void. Sixth When the invalid part of an act influenced or Induced the pafaf of the residue, the entire act will be -declared void. Seventh The unconstitutional provi sions of sections 38 and 37. chapter 47, Jaws of 1899, induced the passage of the remainder of the said chapter, and in validated the entire act. NORVAL'S CONCLUSIONS. Judge Norval, In writing the opinion sn the insurance commission case, closes as follows: "If the motive Inducement which prompted the enactment of said chap ter 47 was merely a desire to transfer the insurance department of the state Irom the auditor to the governor as suggested by counsel for respondent, it Is very evident that the act would most likely have been differently framed, and the provisions of said sections 3 and 37 so far as they attempt to ex empt Insurance companies from taxa tion, would have been omitted there from. While during the investigation of the subject it has been our desire to sustain the law, we have been irresist ibly forced to the conclusion that the entire act must fall by reason of the unconstitutional provisions therein con tained, which have already been point ed out." Among the important cases a on reversing the judgment of the district court of Douglas county holding tne Hartley bondsmen liable on the treas urer's defalcation and remanding It for further trial. It was held that the only duty the governor had was to approve the bond, and In effect that he had no right to send it back and demand other sureties. . , . . It was held, however, that the fact that the sureties signed a statement oermltting the adding of other names on bond and allowed Hartley to keep the bond and afterwards delivered It, binds them. The opinion In the Hartley bond case was written by Judge Sullivan, con curred in by Chief Justice Harrison, and dissented from In a four-page opin ion by Judge Norval. IN THE BARTLEY CASE. The syllabus of the decision in the case of the Bartley bondsmen is In part as follows: , , 'In reviewing a Judgment rendered on , . t -. rY.aAnr to a Der- a nrnici urcu " " . - emptory Instruction, It is the duty of I the reviewing uuun i .. Ence of every material fact wBTch the evidence or me coniii"a jaifabllshes or tends to prove. "An official bond Is without validity mill 11 amm - emor baa no authority, uMift of the state, to accept the official bond or . . -i. nir.ri and by such acceptance make them binding obliga- tlon". .... , .rnnr with re "TM QUIT Ul ' - w wnial bonds of state and 7Z,rtr officers is merely to approve fjnm a.am-. aSJl kAtla itf Utaat And dl trlct officer. (cept that oreury of state) no not okkw - - tlens until they have been filed In "Ssctloa t, chapter 10. compiled .w of IN, contemplates that an 'T.-V . " m I., .nrnvi hrV the o.hairiTurned to the VSSm Stlag ItbbTjWm . JSmnfm aot delWer-d uotll !L!?-'i.ikitf at the maJMr. and is approval of an official bond by the governor does not make tu accept anco, nor make It a valid contract. "Pesseasion of an official bond by tht principal on a day subsequent to that fixed by the statute for its delivery carries with It. prima facie, the right to have it approved and delivered. "Sureties on an official bond have the right, at any time, before the obliga tion Is delivered, to revoke their prin cipal's authority to bond them; but un til such revocation the right of the principal to deliver the Instrument is presumed to continue. "And until the sureties have signified an Intention to recede the obligee may bind them by accepting their offer to answer for the official misconduct of their principal. "Several days after the time fixed by the statute for filing an official bond the sureties thereon signed an instru ment reciting 'that any and all addi Uonal names that he their principal) may procure on said fond shall in no manner affect our liability on said bond, and each of us are held liable the same as if said names had not been added.' Held, that such instru ment affords the inference that at the time it was signed the sureties knew the bond had not become effective by having been approved and filed for rec ord. "And held, also, that when the prin cipal presented the bond for approval accompanied by such instrument, he had apparent authority from the sure ties to have the obligation approved and delivered. "No officer of the state is authorized to demand additional sureties of th state treasurer after his official bond has been duly approved and filed for record. FAILURE OF BOND APPROVAL. "The failure of a state or district offi cer to have his official bond approved and filed for record In the proper office. within the time fixed by the statute. creates a vacancy in the office to which he has been elected or appointed. "In such case the state may waive Its right to oust the incumbent and elect to deal with him as the person entitled to the office. "And if the state does waive Its right, the sureties on the official bond of the officer are estopped from deny ing the validity of the bond because it was not approved and Bled within the time fixed by law. "Where two or more persons have converted the property of another the latter may sue them, either Jointly or seerally, as he may elect. And a court of equity will not require the Injured party to pursue one of the wrong doers rathers than another, who is equally culpable. A document prepared by an aecounr- Ing officer during his term of office, showing the receipts and disbursements of, and the balance chargeable against a financial officer, is competent evi dence aralnst the sureties on the offi cial bond of the latter officer, if it was used by him In accounting to his suc cessor and turning over the office at the time and in the manner contem plated by the law and the contract of the sureties. A state treasurer who. In accounting to himself, as his own successor, turns over bank credits, which are afterward entered as cash receipts on the books of his office, prima facie, relieves his first term bondsmen from liability and charges his sureties for the second term with the amount of such cred its." The suit of the state against tne Omaha National bank or t'Ol.WQ depos ited with it by Bartley. in the conver sion of which he was convicted and in which the bank won in the lower court, was also reversed and remanded. The imnortant sections in the sylla bus in the opinion In the Omaha Na tional bank case are: "The navment by the state treasurer of public money, claiming to be the owner of such warrant, is conversion, and the receiving of such money by the person to whim it is paid is also con version. Such a warrant Is not a state ob ligation and the person to whom it Is payable being a mere trustee, possess es no salable Interest." BRYANT SHUTTING UP SHOP. Turns Insurance Business Over to State Auditor. Lincoln. Neb. (Special.) Men in Ne braska's state house have been gener ally occupied today In ascertaining just exactly where "they are at." The de cisions of the supreme court handed own before adjourning have had a wonderfully clarifying effect. In the first place, the decision in the case of the Pacific Express company gainst Cornell, the court sustains the action of the lower court, and in so doing establishes beyond further dis pute the validity or tne various ana numerous "boards" by which Nebraska u larm.lv tn;f i npd. The constitution ality of these boards has been fre quently questioned, and their powers, for this reason, have been more or less urtailed. in the. nlf lnr rififlfd the Pacific Express company was resisting the at tempt of the secretaries of the state board of transportation to reguiaie e nroi. r-hars-pd nt Nebraska, basing its action largely on the position that the board was not a constitutional one, in ihaf the state constitution does not provide for its organization. The su preme court overturned tne expreu company contention, and in so doing dlnstlnctly established the board's right to existence. SETTLES THE CONTROVERSY. Thia rVrlnlnn. couDled-wlth the up holding of the constitutionality of the founding of the new Insurance depart romt th weaver law. being declared void purely on revenue grounds, lands all the state Doaras nign ana ury uuu safe. Secretary Laws of the state board oi transportation, said that the board would not announce us punt uuui the decision until after January I. Tn- Hiainn rifvlarlnr the Weaver bill unconstitutional came somewhat In the nature of a surprise, ine coun held the entire act Invalidated for the reason that It violates the rule of uni formity of taxation laid down in the constitution by providing for a discrim inating tax as oeiween nunre khm eign companies, and for the further reason that It releases foreign compa nies from taxes which municipalities, counties and the state have a consti tutional right to levy. Tha riarlalnn of COUrSC. explode the nw detautment of insurance wltb Governor Poynter as Insurance com missioner, Wilbur F. Bryant as Deputy i n v uiMohrand clerk. Bry ant and Hlldebrand are not only left Jobless, but tney nave aevoiea k. n tKaip iim to the deDartment. IIIVIIliM " "- ' ' i-. Mkt.il urviM irit nave rncsivcu no compensation. Auditor Cornell has never recognisea tne nmnix m n- 4.n.Hm.nt and haa refused to honor vouchers for services therein. Th auditor said he was not decided as tc whether or not ne win recognise u Claims of Bryant, nuaeuraaia enu intn stenographer, and would probably no oscMs the matter for a week. GEN. LAVTON'S OEATII BRAVE SOLDIER KILLED IN THE PHILIPPINES. Sad Story of How One of Amorloa's Foremost Fighters Met His End Fighting Filipinos. Manila (Special.) Major General Henry W. Lawton has been shot and killed at San Mateo. He waa standing in front of his troops, was shot in the breast and died immediately. General Lawton started from Manila with cavalry under Captain Lockett and battalions of the Twenty-fifth and Twenty-seventh Infantry under Lieu tenant Colonel Sargent, for the purpose of capturing San Mateo, where Ge- ronimo waa said to have 340 Insurgents. HOW HE WAS KILLED. General Lawton left home Monday night and had returned from his north ern operations Saturday, to lead an expedition through Marlqulna valley which lias been an Insurgent stronghold throughout the war. The valley has several times been Invaded, but never held by the Americans. General Ge ronimo was supposed to have there the largest organized force north of Ma nlla. and General Otis wished to gar rison Marlqulna. ' The night was one of the worst of the season. A terrific rain had begun. Accompanied by his staff and troop I Fourth cavalry. General Lawton set out at 9 o'clock in advance of the main force, consisting of the Eleventh cav alry and one battalion each of the Twentieth and Twenty-seventh Infant ry, which started from La Lom& at midnight. With a small escort he led the way through an almost pathless country, a distance of fifteen miles, over bills and through canebrake and deep mud, the horses climbing the rocks and sliding down the hills. Before daybreak the command had recahed the head of the valley. San Mateo was attacked at 8 o'clock and a three hours' figjjt ensujd. This resulted in but few casualties on the American side, apart from the death of General Lawton, but the attack was difficult because of the natural defenses of the town. General Lawton was walking along the firing line within 300 yards of a email sharpshooters' trench, conspicu ous In the big white helmet he always wore and a light yellow raincoat. He was also easily distinguishable because of his commanding stature. The sharpshooters directed several close shots which clipped the grass nearby. His staff officer called Gen eral Lawton's attention to the danger he was In, but he only laughed with his usual contempt for bullets. Suddenly, he exclaimed: "I am shot, clenching his hands in a desperate ef fort to stand erect, and fell into the arms of a staff officer. LIFE WAS EXTINCT. Orderlies rushed across the field for surgeons, who dashed up Immediately, but tbelr efforts were useless. The body was taken to a clump of bushes and laid upon a stretcher, the familiar white helmet covering the face of the dead general. Almost at this moment the cheers of the American troops rushing Into San Mateo were mingling with the rifle vol leys. After the fight six stalwart cavalry men forded the river to the town, car rying the litter on their choulders. the staff preceding with the colors and a cavalry escort following. The troops filed bareheaded through the building where the body was laid, and many a tear fell from the eyes of men who had long followed the in trepid Lawton. The command was stricken with grief, as though each man had suffered a personal loss. MRS. LAWTON IN MANILA. Mrs. Lawton and the children are liv ing In a government house. San Mateo lies by a big mountain, and a broad and shallow stream in front, with wide sandbars, which the Insurgent trenches and buildings com mand. The Americans were compelled to ford the river under fire. It was while they were lying In the rice fields and volleying across, preparatory to cross ing the stream, that General Lawton was shot. All except the officers were behind cover. A staff officer was wounded about the same time, and one other officer and seven men were wounded. After three hours' shooting the Fili pinos were dispersed to the mountains. Colonel Lockett took command when General Lawton fell. MANY HARDSHIPS. About the middle of November the whereabouts of General Lawton and General Young, on account of the rap idity of their movements, became al most as mysterious as that of Aguin- aido. General Lawton's troops suffered considerable hardship In this series of energetic movements. Numbers of the soldiers and even some of the officers were described as marching ahead and half naked, their clothes being torn to shreds In getting through the Jungle, hundreds of them were barefooted, and all of them were living on any sort of provisions. Rread was rare and cura coa meat and bananas were the staples. The general was at Tayug on Decem ber 1, his troops having captured large quantities of Insurgents' supplies. La ter he returned to Manila, and started December 18 to capture Kan Mateo, where he was shot and killed. DEAD OFFICER IN MANILA. Manila. (Special.) MaJ.rr General Lawton's body was brought from San Mateo to Manila this aflernoon.his staff and a body of cavalry acting as escort. It was found necessary to bridge the river. The funeral will take place from his late residence here, a masslon formerly occupied by a Spanish general. The body has been temporarily placed In a vault In El Paco cemetery, ahere manv American soldl!rs have been Interred, and a guard of honor will be maintained. When Mrs. Lawton and her four chll dren shall have completed their ar rangements for returning to the United States, the remains will be taken on a transport, with an escort of officer', for final Interment, as Is thought urntteiile here, in Arlington cemetery General Lawton's death has caused universal sorrow In Manila. No Amer Iran officer had greater popularity among all ranks, and in his dealings with the natives he commanded their respect and confidence to a remarka ble decree. The mayors whom he In stalled in the neighboring towns are arranging to attend tne runerai in a body. To his executive ability and i,ersonal UarlrraMn is chiefly due tne Driniani Trutlon of the plan of campaign In Nnrtn I.uson. which has scattered the Insurrectionary forces from Ban fsldro to the gulf of unguyen, mil section th t ianri which had to be traversed during the very worrt season of th- year pre n'so aimoumes wnsu by ail acquainted with It to be almost Insurmountable, but General Lawton thoroughly covered the program I signed him. When he reached Tayug and found that the other division had not r rived, he went through to Dagupan on his own responsibility. Although he Imposed great hardxhli on bis men, he Invariably shared their lot cheerfully. Thirteen Americans, Including three efneers, were wounded in the engage ment at San Mateo, where General Lawton was killed. Captain Brecken rldge's wound is not considered danger ous, although the bullet penetrated bis arm and side. It Is estimated that the insurgents numbered 500 and half of them were armed with rifles. The Americans numbered 1,300. but the command had been much depleted by sickness. The wagon train found the roads Im passable, and was obliged to return. The Insurgents retreated to the north, east, leaving six dead. They have other forces near Taytay. This region, al though close to Manila, has proved the most difficult from which to dislodge the enemy. It Is now reported that the Insur gents Intend to concentrate at Santa Crux, Laguna province, and in the dis trict east of Laguna de Bay. The American secret service reports that Aguinaldo has Joined the Marl qulna force. SENATE WILL KNOW FACTS. Calls on President to Produce Sup preaed Philippine Facts. Washington. D. C (Special.) Mr. Harris of Kansas announced his with drawal from the committee on agri culture. Thereupon Mr. Cockrell of Missouri presented a resolution filling the vacancies on the committees on agriculture, claims, forest reservations. Interstate commerce, Philippines and pensions, by the appointment of Mr. Allen of Nebraska. The resolution was adopted. Mr. Hoar introduced his resolution, already published. The resolution, at Mr. Hoar's request, was left on the table. PETTIGRE W ,HITS HOME. Mr. Hawley of Connecticut, chairman of the military affairs committee, drew a sharp speech from Mr. I'ettlgrew by a motion to reconsldctr a resolution previously Introduced by Mr. Petllgrew and passed, directing the secretary of war to forward to the senate the full report of the commission appointed by the presldi-nt to investigate the conduct of the Spanish war. Mr. Pettlgrew declared that this was a most unusual proceeding and de manded to know whether "It is a part of a studied policy to suppress Infor mation." Is It." he demanded, "along the lines of the suppression of news from Ma nila, not because It Is not proper news, but because of its possible effect on the people of the country? A day or two ago I asked the adoption of a res olution of inquiry that I deemed per fectly proper. It was laid on the ta ble. Was the action taken because the resolution Indicated that officers of this country had recognized the Philippine republic? Do you think if such a rec ognition had not been made, that reso lution would have been laid on the ta ble? 'The fact Is we did recognize the Philippine republic and It was through the assistance of the Philippine vessels hat a Spanish garrison was forced -to surrender. "It now s-enis that there are many nines to be brought to the attention of the people. .My belief Is that we ought to have another commission to nvestlirate the entire conduct or tne Spanish war. We might investigate the purchase of army transports for which we paid two or three tim- what they were offered for to others s th is policy of the suppression oi news and facts to be followed for the purpose of re-elec ting the present ad ministration." ' HAWLEYS EXCUSE. In reply Mr. Hawley disclaimed any nlenllon of an endeavor to suppress any facts. He made the motion sim ply that the matter might be consid ered bv a committee with a view to ascertaining the availability of the matter asked for. Mr. Cockrell of Missouri believed t'.iat the report of the Investigating com mittee should be communicated to the senate, and at his suggestion the reso lution was reconsidered and the re quest was'made of the president, if not ncompatible with puonc interests, to communicate the testimony and report of the committee to the house. Mr. Allison of Iowa, thought, too. that the senate ought to have the tes timony and report. The resolution as amended tiy Jir. Coc krell was passed without dissent. The senate, then at I:1j p. m.. went nto executive session. At 2:50 the senate adjourned untl' January 3, l'JOO. British Yfeomanry Called Out. London. (Special.) The government has at last consented to mobilize a force which General Buller Is credited with having demanded all along, viz: 10,000 mounted Infantry. The war of fice has Issued an order to the effec t that the government had decided to raise for South Africa a mounted in fantry force to be called "Imperial Yeo manry," and to be recruited from yeo manry, volunteers and civilians pos sesslng the required qualifications. En listment will be for one years, or dur ing the continuance of the war. The men must be between 20 and 35 years of age. and of equal physique to the ordinary cavalry soldier, officers and men are to provide their own norses nd to wear neutral tint cloth shoot ing jackets, not necessarily uniform, felt hats, breecher and gaiters. All must be good riders and marksmen. The same order Invites every volunteer regiment that Is linked with a regular battalion serving at the rront, to sup ply a full company, which will take the place of the mounted Infantry of the regiment. Coebel Still Haa Hope. Frankfort, Ky. (Special.) Though notices of contest have been prepared against both Governor Taylor and Lieu tenant Governor Marshall they have not been served and probably will not be until Friday. The delay In serving tne notices Is said to have been planned to prevent taking depositions prior to th meetlns- of the legislature. The Goebel people preferring to have the whole proceedings conducted ny in contest committee of the legislature Instead of In part before the court e amlnrs and later by the contest com mittee. . .. Ixul McQuown or uownng ureen a III be the leading counsel for Goebel before the legislature. Taylor"- manag ers say counsel for the republican! will not confine tnemseivee 10 renscu oi tha (rounds of contest laid down In Goe bet's notice, but will go outside and expect to show flagrant frauds In many of tht large democratic counties MARKET IS AFFECTED SOUTH AFRICAN WAR CAUSES MANY FAILURES. Eastern Concerns the Chief Suffer-rs-London Bank Forced to Close) By Financial Stringency. London. (Specfal.) The failure of the London and Northern bank, lim ited, a comparatively small concern, was announced today. The directors issued a statement attributing the fail ure to the alleged libelous assertions regarding the bank which have ap peared in the press. The bank's assets, according to the directors, should fully cover the liabilities. The failure of the bank and the rise In the German rate of discount and in terest, the latter from to 8 per cent, did not appear to have any serious ef fects on the market here. The general filing on the street was that the conditions were better. This was no little due to the Impression, gained from private advices, that an arrange ment had been reac hed in New York to support the market and prevent a re currence of yesterday's panic. It Is hardly thought that the rise in the German discount rate will cause a corresponding Increase of the English bank rate. While news from the seat of war Is awaited with nervous appreheijion. one of the largest operators expressed to a representative of the Associated Press the belief that the feeling was stronger and unless very bad news came from the front there were no signs pointing to a further panic. The Chronicle, in Its financial article, says: "The fears of a large new Issue of consols undoubtedly overhangs the market. The price at which the gov ernment could place them Is being dis cussed. On Monday some leading financiers thought the Issue might in? made at 95. Tuesday SO seemed more like th figure at which 10,000,000 could be sold, but the government could not put out a larger amount just now at any figure." GERMANY HARD PRKSSED. Berlin. (Special.) The Relchsanzei ger publishes the following statement: At the meeting of the central com mittee of the Bank of Germany, Herr Kok, a director, discussing the ques tion, said the financial position of the bank had never before been so strained at the same period of the year, and that the stock of bullion had become seriously diminished, being 57,000,000 marks less than in WH. After giving other figures showing the difficulties of the situation, he said It had been impossible to avoid an In crease In the bank rate. Dr. von Mlquel. Prussian minister of finance, has Just sumbltted to Emperor William a special report regarding Prussia's finances from 1S7 to 1S99. The report, on the whole, Is favorable.show Ing a diminution of the Prussian debt. The Interest on the debt has dimin ished from 242,000,000 marks to 221,000, )00 marks. The state railways have, despite the very heavy traffic, made a less profit able showing, Ihe surplus now twlni? 449.000,000 marks, as against 46K, 000,000 marks In 16. DEVRIKS' LI A Hi LITIES. Beltimore. Md. (Special.) Christian Devrles and Mrs. Minnie A. Devrles. his wife, filed a Joint deed of trust to day, conveying all their property, real and personal, to Henry S. Dulaney, trustee, to be converted Into cash and used In the liquidation of the Vogeler company, of whic h Mr. Devrles is pres ident. Mr. Dulaney filed a bond for $300,000, whleh would Indicate that the assets are 1M),000. Of this J75.0O0 is in realty and $75,000 Is In personal pro perty. The liabilities of the concern are not definitely known, but are esti mated at from $175,000 to $200,000. C. Morton' Stewart was chosen pres ident of the National bank of Balti more, to fill out the snexpired term, of Mr. Devrles, resigned. Baltimore. Md. (Special.) Judge Phelps, In the city circuit court, by consent, appointed Harry A. Parr re ceiver for the Columbian Iron works and dry dock company. Mr. Parr gavt bonds for $100,000. In the petition, whleh was filed by Mr. Parr, It Is al leged that the company has subjected Itself to many obligations, now aggre gating between $375,0O and $400,000, including about $17,000 in promissory notes held by Baltimore manks. In dorsed Individually by ex-Mayor Wil liam T. Maltser. president of the com pany; Christian Devrles, president of the Charles A. Vogeler company, which assigned yesterday, and by the peti tioner. Of these notes about $.'!0.0Oij have already matured and others are about to fall due. The company has no available cash to meet lis obligations and to prevent the destruction of the company's assets by a scramble of its creditors, a receiver was asked. PORT JARVIS, N. Y.. BANK FAILS. New York. (Special.) The National bank of Port Jarvls. N. Y., did not open Its doors for business todav. A nolle slgned by President Francis Marvin and Vl-e President Sharp was posted saying that temporary suspension was necessitated by the stringency In the New York money market. The sus pension Is attributed primarily to the defalcation of L. E. Goldsmith, the as sistant cashier. Washington, D. C Word has been received at the office of the comptroller of the currency that the National hank of Port Jarvls, N. Y., has closed It doors. 1. C. Moore, national bank ex aminer, has been placed In charge at temporary receiver. The statement of the condition of the bank on Decem ber 5 showed total resources of $tS3,801. HUGH HONNE1VS FIRK COMPANY. New York. (Special.) The Greater New York Fire Protective company, In corporated undr the laws of New Jer sey, with an office In this city, has filed an assignment. Hugh llonner, former chief of the New York fire department, Is the president of the company, which waa organized in June, 1S!iS, for the purpose of installing Are alarm sys tems connected with the city fire de partments in buildings, as well as fur nishing a patrol for guarding property during and after fires. The capital stock was $30,000. A similar scheme has been In successful operation In Boston, but In New York the system did not take so well. For that reason the company has not earned sufficient to carry it oevr the present general stringency, and a general assignment was made. The liabilities could not be learned. BIO BOSTON PIRM ASSIGNS. Boston, Mass. (Special. )-Dlllaway A Starr, bankers and brokers of this city, have assigned. The firm Is one of the most prominent of the kind In the city and Is composed of Charles F. W. IMIIaway, Oeorge II. Flint and A. W, Lawrence. CARXE61ES 6EKER3SITY. Will Make City of Llnool i a Present of S78.000. Washington, D. C, Iec. 26 Chair man Mt rcer of the public buildings and grounds committee has received a let ter from Andrew Carnegie announcing that he would give $75,oiO to the city of Lincoln for a public library build ing, the Lincoln library having burnt down in the disastrous Are of several months ago. The conditions surrounding this gift, Mr. Mercer believes, will be the same as those exacted from other , cities Washington, Fairfield, la., Savannah and Pittsburg, that the city must do nate a site and guarantee a certain yearly sum for Its maintenance, which will probably amount to $5,000. This is the most munificent Christmas gift the state of Nebraska has ever re ceived and will be, undoubtedly, ac cepted by the municipality of Lincoln. Carnegie has given In this way upward cf ,f2,000,000 for libraries throughout the United States. Lincoln, Neb. Members of the Lin coln public library board have been ctriesponcilng with Andrew Carnegie for nevera! weeks with a view to secur ing a donation for the construction of a library building, .and although he spoke encouragingly of the plan from the start, it was not known till lately that their effort had met with success. It is supposed that the gift is made conditional on the city of Lincoln mak ing an annual appropriation of a speci fied sum for the maintenance of the li brary and purchasing new books and periodicals, and that it shall furnish a BUitable she for the building, all of which will undoubtedly be complied with by the; city council. The Lincoln public library was de stroyed by fire with the Masonic Tem ple tuild:iig three months ago. Since then about 3,000 volumes have been col lee ted for a new library and the avail able funds remaining in the treasury amount to about $,000. The annual levy made by the city council for the library Is 1 mill, which brings in a revenue of only $5,000 a year. Unless the conditions are such tnat they can not be complied with by the council, the donation will, of course, be ac cepted . 6L0BE NATIONAL FAILS. Creat Boston Bank Closed by Order of the Comptroller. Washington, D. C, Ix-e. 23. Comp troller Dawes has appointed Special Examiner Daniel Wing temporary receiver of the Globe National bank of Boston, Mass. In connection with his action the comptroller snld: "Some time ago Mr. Wing, who Is one of the experts employed In the system of special bank examinations, recently Inaugurated, discovered a ser ious condition of affairs In the Globe National bank, which he immediately brought to the attention of the comp troller, and under his direction, to the directors of the bank. It was very laudably agreed and undertook to make good the doubtful and bad assets found, and the directors have gieatly im proved the condition of the bank since that time. They also delivered to the comptroller a written guarantee that they would remove the doubtful assets. Recent failures in Boston have lessened the value of unperfec-ted .portions of the guaranty and Involved the solvency of the bank. "In view of the fact that to allow the bank to remain open longer will result In Injustice to unsecured cred itors, now that the condition of In solvency is found to exist. It becomes my duty under the law to appoint a receiver. A considerable cash dividend can be paid to creditors at once." The condition of the bank was dis covered by Special Examiner Wing in time to secure such action on the part of the directors as will probably pre vent the failure from Inflicting heavy losses upon the depositors, but the directors and stockholders will lose heavily. The bank. It is understood, was In volved In the 'Squire failure and In mining stocks. The following Is a condensed state ment of the condition of the bank, as reported to the comptroller December 2, 1S!9: Liabilities Capital stock, $1,000,000; surplus, $120,000; undivided proflts.tm. 75; circulation, $1,100; deposits, 099,095; bills payable. $275,000. Total, $10,529,953. Resources Loans and discounts, $5. 573.104; United States bonds to secure circulation, $1,000,000; United States bonds to secure United States deposits, $13. 000; premiums on bonds, $139,160; stocks and securities, $I.O!2.2'r2; cash cm hand and due from banks, $2,535,297. Total. $10,529,953. . TWO OTHER FAILURES. Baltimore, Md Dec-. 2C William V. Wilson, jr., & Co., lumber dealers, made an assignment for the benefit of cred itors. Lin bill ties, $X0,0O0; assets, $50, 800. Mr. Wilson Is In a serious condi tion at a hospital from the effects of a bullet wound accidentally self-inflicted last Monday, Max Juhn, formerly of the firm of Juhn & Adler. filed a petition In bank ruptcy. Liabilities, $4S4,0O0; no assets. LOAN ASSOCIATION ASSIGNS. St. Louis. Mo., Dec. 26 -The Mullan phy Building and Ian association has arslgned to C. F. A. Muller for the benefit cf creditors. The liabilities, rep resented In loans, amount, to $40,000. The lesources aggregate $M,500. The operation of the association was Im peded by the condition of the real es tate market and It was thought best to assign. Increase In Freight Rates. Lincoln, Neb., Iec. 26. On December 1 the various railroads doing business in Nebraska put into operation for the second tune during the past three years the system of charging for the trans portation of all kinds or freight by the 10 pounds instead of by the car lot. It Is claimed by shippers that this is an Increase In rates and the State Board of Transportation came to this conclu sion, after a thorough Investigation In 1897. After the change was announced by the railroads several weeks ago the matter was taken up by the board of transportation, but no action was taken at the time for the reason. It is assert ed, that Ihe new tariff sheets had not been published and that there was no way of ascertaining whether the adop tion of the new system would Increase rates. A few days later the tariff sheets were Issued and an examination . showed that the rates were similar, In most Instances, to those charged under the 100-pound system in 1H97. Springfield, 111. The strike of the em ployes of the Consolidated Street Rail way company, which was settled by agreement yesterday morning, Is on again. The men. who had started to work, were called off this evening by order of the Federation of Labor on the ground that Manager Mlnary had violated the agreement by refusing to reinstate two of the men and by pisc ine nsw men on cars ahead of strikers.