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About Hemingford herald. (Hemingford, Box Butte County, Neb.) 1895-190? | View Entire Issue (March 18, 1898)
Herald. 1 VOLUME IV. IHEMI BOX BUTTE COUNTY, NEBRASKA, FRIDAY, MARCH 18, 1898. NUMBER 5. The Hemin gford tfUFGmA I ?! , J to V V r A .1 : ' 1 'V - 'J -- ' . f-C r i '- a . WANT TO AVOID IT NATION'S HONOR VS. PEACE AT ANY PRICE. THE SITUATION OUTLINED THE PROBABLE ULTIMATUM TO SPAIN. The Prosldont Very Cautious and If He Consents to tho "Demands of Poaco" Syndicate Ho will Bitterly Disappoint tho People. Washington, D. C, March 15. An In teresting development Saturday was the effort of the "peace at any price" pa triots to frighten the country by hinting that Spain might have the assistance of Austria or France or Germany or all these powers in case they decided that the noble Spaniards need a sound thrashing. It looks as If the syndicate which Mr. McCook represents and Spain are working harmoniously to the end of averting war and securing either the purchase of Cuba outright at a cost of several millions or the guarantee of Spanish bonds to that amount. Nothing can be conceived of that would so quickly change the genuine admiration that congress now has for President McKlnley into bitter contempt and oppo sition than his indorsement of the pur chase scheme which Mr. McCook has been presenting so persistently. It is said In navy circles that the Donaus' arrival in Havana need cause no surprise, as it is quite probable that all the European powers having in terests and citizens in Cuba will send war vessels to protect their interests and subjects in case of conlllct between Spain and the United States. In diplomatic circles it is not thought that Austria will Involve herself in this affair if for no other reason than to keep out of trouble she would create for herself at home. It Is generally con ceded that the European situation pre cludes aggressive Interference on the part of any European government. Other questions interest the European nations much more than does Cuba. M'KINLEY SLOW TO ACT. While the president's message to con gress, in which the report of the court of inquiry on the Maine will be incor porated, 18 still expected either on Tues day or Wednesday, there is Borne rea son for believing that the issuance of this communication may be deferred until week after next. , The Minneapolis and Columbia may not be sufficiently advanced; the ammu nition may not all have been purchased; the coast defenses may not be In entire rendlness. It may be reauuy seen tnni me in cm dent with his customary caution ma wish every detail perfected before tak ing action. A prominent member of the senatr committee on foreign relations, who stands very close to the president and who had a long talk with the executl e, outlined the situation, although he pto fessed not to speak for the president himself. For some time there has been a whisper that McKlnley might couple with his demand for an Indemnity a de mand that the war be ended and that Cuba be evacuated. This senator Intim ated that something of this kind would be demanded of Spain. That demand would not, in all human probability, be complied with by Spain, and then the United States would be called upon to act. THE ENTERING WEDGE. McKlnley, said the senator, will not send any message to congress until after the court of Inquiry now engaged in Investigating the cases of the de struction of the Maine, has made its report. As the report of this court shows that the ship was blown up from outside causes, Spain will be called upon for a money Indemnity to repay tlit government for the loss of Its vessel while In a friendly harbor and for the lives of the sailors whose lives have been lost. In addition to this Spain will be told this "accident" shows that she Is not able to maintain the peace on the Island and that her power there has been lost. This will be the opening wedge for a demand that the war must end and the president will give a time limit, possibly forty-eight hours, within which this must take place. He will call at tention (o the great Interference In the commerce of this country and the out rages perpetrated on the laws of God and man by the Spaniards In the prose cution of a war through methods which he will say cannot be countenanced by the United States government. Spain will probably deny that she Is engaged In an Innhuman war. She will Insist that she has the right to subdue her rebellious subjects in her own way and will. It is thought, refuse to pay the indemnity demanded and meet the other conditions that will be Imposed. Then will come the ultimatum of the United States, and that this ultimatum will be issued, this member of the com mittee said there was no possible doubt. It will not come until every other re course has been exhausted. Postmaster General Gary told a southern supreme court Judge that not until the presi dent had exhausted every appeal to God and man would he countenance war, but that If those appeals availed not. he would then, with a full realization of his responsibility, enter Into a war with Spain knowing that the God of nations would adjudge the cause of this country to be righteous and Just. If Spain absolutely refuses compliance with out demands this government will be required to act. The president has decided In that event to at once seize the Island of Cuba and take possession of the port of Havana and collect the revenues until the Indemnity demanded Is paid, when he will turn the Island over to the Cuban republic, which will in the meantime be recognized through congressional enactment. Fred wThlalr of navenna, O., Is un der arrest at New York City, charged with passing worthies spaper. He is said to be a son of a prominent railroad official at Toledo, O. , . The streets of London, placed end to end, would stretch right across the American continent from New York to San Francisco. STRUCK A SNAG EARLY. Senator Thurston's Hannn Club Houso Sohomo Falls. Omaha, Neb., March 15. Some several weeks Senator John M. Thurston, with his characteristic word healing, legisla tive bribing, vulgar ideas of politics, proposed that there should be repro duced on tho grounds of the Trans. Mississippi exposition President Mc Kinley'B Canton home. Tho Idea was to revive and refreshen the memories of the presidential campaign, to bo a gold standard club house to distribute the Mark Hanna brand of political litera ture, etc. To the astonishment of decent-minded people, the exposition management entered into the scheme with a great deal of zeal. To offset this political scheme the World-Herald suggested that tho bl metalllsts reproduce Mr. Bryan's cot tage home at Lincoln on the grounds. To this proposition came prompt and substantial responses from all parts of the United States. However, all the JUtn OJiJOJ V 10J0H30J soHuuuuii-nuu It was necessary to get mixed up In one of Thurston's dirty schemes. WILL NOW BE ABANDONED. But now, either because of recovering their sober senses or because of fright, the following telegram has been re ceived: "Canton, O., March 12. The McKln ley homestead will not be reproduced on the Trans-Mississippi grounds. The plan was suggested by Senator Thurston and taken up by other politicians as a clever campaign move. That It was ex clusively a political Idea Is a well cor roborated fact. Although the pretense was made that the scheme was to 'display Canton's manufactures and products,' as well as campaign sou venirs, the business men of this city were not consulted until the machinery wet set In motion and the plan had been announced outside. The Canton board of tiade has been asked to give Its olllclal sanction to the scheme, but so far the board has failed to act. Since It has beon proposed that the Bryan homestead be also reproduced, the poll ltlclans back of Thurston's proposition have concluded that it will not be wise to Inject politics Into a Trans-Mlssls-slppl exposition, and the Indications are that the Thurston plan has been inppud In the bud." The Indications now are that on ac count of the surrender of the Thurston boomers the plan to reproduce Mr. Bryan's cottage on the exposition grounds will be abandoned. Oilicers and members of the committee organ ized In Omaha on Friday are unani mous In the declaration that they have no desire to Inject any political feature into the exposition and that If It shall develop that the Thurston project has In fact been abandoned that the Lincoln cottage plan will be promptly disposed of. One of the members of the com mittee on being shown a copy of the Canton dispatch said that the commit tee would withdraw Its application for space as soon as It received complete assurance that the Thurston scheme has been abandoned. The World-Herald, therefore, suggests that the collection of funds be dis continued until further notice. A VERY GOOD DAY'S WORK. Tho Nebroska Delegation Keeps Evor!astlngly at It. Washington, D. C, March 15. While Friday last was rather a quiet day with Senator Allen, he managed to kill the time by going early In the morn ing to call on General Miles and to gether they went to Secretary Alger. After a full explanation to these oillclals the senator secured an order for a summer camp of soldiers near Sheridan, Wyo., for the protection of that city and vicinity. Iteturnlng to the senate he made a speech on the Alaskan bill, after which he went to Columbia college where he made a speech, by request, before the Pure Food congress, and got them to agree to hold thler next meet ing at Omaha during the Interstate Ex position. On again returning to the sen ate he Introduced a bill granting the Fort Sidney reservation, consisting of 640 acres, together with all buildings and other Improvements, to the state of Ne braska, providing that within two years from the passage of the act the state erect a suitable building or buildings for a state normal school or Industrial school, and also providing that when It shall cease to be used for educational purposes that It shall revert back to the government. The senator has since then secured a favorable report by the com mittee on his bill and It will no doubt become a law. Congressman Sutherland of the Fifth district introduced a bill for the relief of JosephUB Merrltt of Grand Island, also one to correct the military record of John Minahan of Oak; one for the relief of Austin G. Jacobs of Edgar. He also presented a petition signed by W. A. Pearman and 140 others of Fairfield for the passage of a law prohibiting the sale of Intoxicating liquors In the capltol building. Among the pension claims recently se cured through the efforts of Congress man Sutherland are tho following: Sam uel West, Bed Oak, $17; Isaac N. Mor ris, Norman, $12; II. B. Reed. Augus, $12; Clinton Davis, Howard, $12; Christian Gromner, Atlanta, $10; Ellas Frcar, Re publican City, $8; A. H. Bell, Indlanola, $6; Robert Lennox Franklin, $6. Senator Allen presented a petition signed by 18,000 railroad employes of Pennsylvania, asking the senate to pass a bill Introduced by Senator Allen to prevent writs of Injunction against labor organizations. The free homes bill was defeated by the republican leaders and another plank of the St. Louis platform Is ad mitted to have been a fraud put there to catch votes. Senator Allen's friends in Nebraska will be glad to know that his course In the senate Is not approved of by the New York Sun. It will not be long until the senator, like another distin guished citizen, will be loved because of the enemies he has made. Bryan's Ovation at Athens. Athens, Ga March 15. When Mr. Bryan arrived here Saturday at 1 o'clock he was greeted by the Bhouts of some 4.000 enthusiastic admirers and the mu sic of brass bands. The mayor, city council, students of the University of Georgia and bands es corted him to the hotel. At 2:30 he ad dressed an appreciative audience of about 8.000 people on the campus of the university. AS TO INNOCENTS ATTORNEY-GENERAL SMYTH MAKES A STATEMENT. LEAVES FROM THE RECORD THE SAME OLD GANG AGAIN UNEARTHED. Discussing QuoBtlon of who Aro tho "Qullty Ones" and who Aro "Innocent Ones" Proves Ono ns Deop In the Mlro as the Othor Is In tho Mud. ' Lincoln, Neb., March 14. The B. & M. Journal of this city Is the leader of the republican press of tho Nebraska In approving of tho very queer decision of the Jury wherein they returned a ver dict In favor of ex-State Treasurer Bartley's bondsmen. That the whole state of Nebraska be lieves that Bartlcy did not pocket nil of the half million dollars of state mon ey that was stolen, nor that C. W. Mosher hogged all tho quarter million dollars which slipped through the bust ed Capital National bank a few years ago, goes without Baying. A gang of cold-blooded thieves, com posed of prominent men In banking and political circles entrenched behind the republican machine of the state are the ones who have planned and carried out the great crimes ngalnBt tho state. Along thlB line It Is Interesting to read the following, which Attorney General Smythe has given out to the press: My attention haB been called to an Interview published In the editorial col umns of last Saturday's Issue of the State Journal, criticising my olllclal conduct. In that Interview there are two statements to which I desire to make a brief reply. Speaking of the petition illed In the suit agalnBt the Omaha national bank, the author of the Interview says: "It appears to have been carefully and skillfully drawn so as to fall, If possi ble, to state a cause of actlcr.." He who wrote the Interview is, in my opinion, a member of the bar nnd one of the bondsmen. I do not believe I would have any difficulty In naming him If I were called upon to do so. Being a lawyer he ought to be familiar with the decisions of the supreme court, but It appears that he Is not, or else he knowingly misstates the. fact with re spect to the law governing the petition In the question. That petition was drawn on lines of a recent decision of the supreme court, well considered and carefully written. The petition, too, Is In conformity with a case the Byllabua of which was published for the first time In the Issue of the Journal contain ing the Interview. The other statement to which I desire to call attention Is this: "The Jury de clined to be parties to the robbing of Innocent men for the exoneration of the guilty ones." The context shows that tho "guilty ones" referred to are the officers of the Omaha National bank. In the ault against the bondsmen the question of guilt or Innocence was not Involved. The question at Issue was simply one of contract. But If guilt or Innocence Is to have any effect In determining the liabilities of either the Omaha National ban kor the bondsmen let us see who are the guilty and who are the Innocent ones. The facts must do the talking. I give them from the record In the Bart ley criminal trial. LEAVES FROM THE RECORD. Hartley sold the much discussed war rant to the Chemical National bank of New York. When the warrant became due It was forwarded to the Omaha Na tional bank to be, by that Institution, collected from the state. On January 2. 1897, Hartley paid the warrant and that same day the amount thereof was re mitted or credited to the Chemlcnl Na tional bank. The only connection that the Omaha National bank had with the transaction was that of collector, for which It was paid a commission. That, however, does not affect the bank's lia bility. The bank Is, In my Judgment, liable under the decisions of the su preme court. Glance now for a moment at the con nection of the "Innocent" bondsmen with this Bame warrant transaction: On April 2G, 1895, the Chemical National bank of New York remitted to Bartley $180,101.75 In payment of the warrant, and the same was, at the direction of Bartley, placed to his personal account In the Omaha bank. At different dates thereafter during the year 1895 Bartley deposited sums to the credit of the same account. The total sum thus deposited was about $354,000. What became of that sum? It was disposed of, in part as follows: May 4, to Brown, cashier Columbia National bank, $10,000. June 12, to Brown, cashier Columbia National bank, $10,000. This makes $20,000 that went to Mr. Brown, one of the "Innocents." May 4, to Cook, cashier First Na tional bank, Lincoln, $50,000. May 23, to Cook, cashier First Na t'ojial bank, Lincoln, $10,000. July 27, First National bank of Lin coln, $3,000. July 30, First National bank of Lin coln, $10,000. August 10, First National bank of Lin coln, $10,000. August 24, First National bank of Lin coln, $10,000. September 10, First National bank of Lincoln, $10,000. Septembei 24, First National bank of Lincoln. $20,000. October 3, First National bank of Lin coln, $50,000. November 19, First National bank of Lincoln, $10,000. November 21, First National bank of Lincoln, $25,000. November 22, First National bank of Lincoln, $1,500. December 6, First National bank of Lincoln. $40,000. December 17. First National bank of Lincoln, $20,000. The total amount received by tho First National bank of Lincoln, out of the fund of whloh the $180,101.75 was a part. Is. as showa by the foregoing fig ures, $279,500. NOT A STATE DEPOSITORY. At tho tlmo this money went lnot tho First National bank of Lincoln that bank was not a stato depository. Tho attorneys for the bondsmen In tho first trial as well na In tho one concluded a few dayB ago charged with much vc hemenco that when Bartley at tho close of his first term exhibited certificates of deposit showing that ho had state money on deposit In banks which wero not stato depositaries, he, by the exhi bition of theso 'wurtlflcatcB, presented the evidence or s guilt ns an cmbcz tier of stato fur The truth of that charge I then d cd, as I do now. but If I am In error ml the attorneys fot rlirlit. thnn It fnllnwn tho bondsmen nri Inevitably that St Bartley was guilty of embezzlement by making deposits In unauthorized banks, such ns tho First national bank, then the officers of that bank who aided, advised or in any man ner assisted In the making of the depos its nre guilty of embezzlement. If the principle of the Mills case makes tho officers of the Omaha bank criminally llple, as the learned contributor to the Journal contends, then where stand those who wero tho officers of the First National bank of Lincoln, when It re ceived the deposltB above referred to? Let the cnndld reader decide for him self. PRESIDENTS ADMISSION. In tho Bartley criminal trial the then president of tho First National bank of Lincoln testified Riibstnntlally that he, ns president of that bank, had a trans action with Bartley which virtually amounted to a sale of some securities of the bank for which Bartley paid with state funds. Is this evidence of Inno cence? Five of those who were officers of tho First Natlonnl bink at that tlmo are on the Bartley bond. And these are called by tho Interviewed one "In nocent men." Whether they are or aro not 1 express no opinion, I simply state the facts In answer to the plea made In their behalf. But If the attorneys for the bondsmen nre correct In their claim that Bartley In depositing school money In unauthorized banks thereby com mitted the crime of embezzlement the grand Jury now In session In Lincoln has a duty to perform In connection with the officers of such hanks as wero not authorized to receive Btate funds, but did so. If tho grand Jury Ib advised that the receiving of such deposltH or the mak ing thereof constitute a crime against the laws of the stato then the Investi gation may discover a smell of burned wool In the nlr that will Justify the are found In odd places sometimes. THE MURDER OF THE MINERS. Jury 'Returns a Verdlot of Not Qullty For Shorlff Martin. Wllkesbarre, Pa., March 14. The Jury In the cose of Sheriff Martin and his deputies for Bhootlng of strikers at Lat tlmer on September 10 returned a ver dict of not guilty. Long before the time for court to fJnvcne there was a big crowd waiting to gain admittance to the court room, and when the doors were thrown open there was a wild rush, hut only a lim ited number wero admitted. Judge Woodward did not take his scat on the bench until 5 minutes after 10 o'clock, the Jury coming In n few minutes later. When the Jurors had taken their seats the roll was called, each man answer ing to his name. The clerk then asked: "Gentlemen of the Jury, have you agreed upon a ver dict?" The foreman replied: "We have," at the same time handing tho clerk the written verdict, which wns promptly pnsesd to Judge Woodward. After read ing the verdict, the Judge returned the paper to the clerk. The latter, address ing the Jury. Bald: "Gentlemen, your verdict In the caBe of the Commonwealth versus James Martin et al Is not guilty, so say you all?" "We do," was the reply. The Jury was then polled and each Juror answered not guilty ns his name was called. There was an attempt at applause, but It was quickly suppressed by the Judge. When the Jury retired they took only one ballot, and It was unanimous for acquittal. It Is said the Jury was pre pared for a verdict before leaving the box. After the Jury had been thanked nnd discharged by Judge Woodward, District Attorney Martin asked that the defendants be required to continue their ball bond, ns there are still seventeen Indictments for murder hanging over them and thirty-eight for feloniously wounding. The bond wns continued ns requested. District Attorney Martin says he has not decided what to do with these Other cases. The prosecuting com mittee, it is said, will Insist upon fur ther prosecution. A JACKSONIAN COMPANY. There aro a Lot of Fighting Ameri cans In Omaha. Omaha, Neb., March 15. At a big meeting of the Jocksonlan club Satur day night Deputy Attorney General Kd P Smith Introduced the following resolu tion, which was adopted In true Jack sonlan spirit: "Resolved, That the president of the Jacksonlan club of Nebraska be au thorized to tender to the governor of the state the services of enough mem bers of this club to form at least one military company to serve as privates, If needed, to preserve tho honor and dignity of our country and Its Institu tions, and the president of the club Is authorized to receive the names of Buch members as are willing to volunteer for that service." It was decided to celebrate the anni versary of Jefferson April 13, and the executive committee was Instructed to moke the necessary arrangements, which will be In the nature of a recep tion at the club rooms. Many prominent speakers will be in attendance. The general topic discussed at last night's meeting was "The Constitu tional Jurisdiction of Federal Courts," the discussion being led by W. S. Shoe maker, who was followed by I. J. Dunn nnd others, and the subject was con tinued until March 26, when the pro posed bankruptcy law will also be taken up. In the contest for the Amerlcnn Whist league trophy at Minneapolis, Minn., Chicago won by six points, scoring 150 In first half against 153 and In the sea ond half 153 against 150. PUBLIC MORALS 0UTRA6E0. THE RECENT COURT DECIS IONS AGAINST THE PEOPLE. Tho Attompt to Unload tho Sins of tho Old Republican Gang of Stato Houso Lootors On to Gov ornor Holcomb. Omaha, March 1C Thero are a num ber of peoplo who have not yet recov ered from tho shock which they bub talned by reason of the decision of tho Jury in tho case of tho stato of Nebraska .gainst tho bondsmen of ex-State Treas urer Bartley. Omaha peoplo aro still wondering In what manner tho "coun try districts" will look upon bucIi a scandalous miscarriage of Justice. They are puzzled to know how much cre dence the men on tho farmB will give to the assertions by tho attorneys of Mr. Bartley and his bondsmen, that, after all, Governor Silas A. Holcomb is the real criminal and that Mr. Bartley and other men who have been known for years to constitute a close yet se cret organization for tho purpose of feasting and fattening on stato moneys, aro much abused and innocent men. Within tho past few years, tho coun try districts have shown that when onco aroused to tho necessity of look ing after their own Interests, their peo plo have not only a very clear and ac curate conception of their duties, but they hnvo tho courago of their convic tions and tho power to cxecuto their de mands. Henco It Is that wo find the uvea of the cities anxious to know Just how such court decisions as handed down In tho Eugeno Moore case, the Bartley bondsmen case and the max imum freight rate case, all of which so vitally affect the general Interest) of the entire commonwealth, will bo view ed by the country people. Even some republicans, who are Inclined to he n little more broud-mlndcd than others, aro wondering how long the Interests and morals of tho public can bo so wantonly outraged and at the samo time hold the masses of tho republicans strictly up to party lines. Before the bar of public opinion. in the matter of the trial of Bartley's bondsmen, to recover tho $555,790.06 which was made away with while act ing as stato treasurer, the guilt or In nocence of all of these men of being parties to the crime of theft, wuh more or less on trial. That It has been the practice, prior to the change In the Nebraska state administration, to farm out, to speculate with and to use for private purposes, the money of the state, is a fact firmly established In the minds of the people. But this par ticular suit, wherein Attorney General Smythe sued the bondsmen of cx-Stato Treasurer Bartley to recover this sum of money to the state, the question only of liability to make good the shortage was before the court. To determine this self-evident proposition, the case has been twice tried and twice lost by tho state. The first defeat was brouchL about by the rankxIeclBlon of a political I Judge; tho second defeat was the fault of an Ignorant find corrupt Jury. The supreme court, In the criminal trial against Mr. Bartley, said thero no controversy as to tho facts;they held that he wns state treasurer from 1895 to 1897, that, as state treasurer, In April, 1893, and during his Becond term of office, lie ordered the auditor to draw a warrant on tho treasurer for $180. 101.75. That was tho amount which the legislature appropriated to make good the Htate sluicing fund for losses duo to the failure of the Capital Na tional bank of Lincoln. This wnrrant was negotlnte dwlth the Chemical Na tional IJank of New York city through the Omaha National bonk, and the pro ceeds Mr. artley had placed to his pri vate account. When It became neces sary, on the eve of the transfer of his office to his successor, Mr. Meserve, he took up this big warrant by drawing a check on the state funds in bank. The payment of this wnrrant out of the pub lic funds of the state was held by the supreme court of the state to consti tute embezzlement, nnd the sentencing of Bartley to twenty years In the state penltentlury by Judge Baker was af firmed. Simultaneously with the commence ment of the criminal case against the ex-trensurer. Attorney General Smythe brought suit In behalf of tho state, against his bondsmen, to recover the full amount of his shortage, $555,790.06. The purpose of an ofllclul bond Is to protect the state against tho wrong doing of the officer. The law plainly holds the bondsmen liable for the prin cipal's default. If the principal em bezzles from the state, the law Imposes upon his bondsmen the plain duty of making the state whole. Here Is where the lawyers get In their fine work; Having no case, they must abuse some body to distract attention from their cli ents. In this case, their choice was Governor Holcomb. He lias to be made their scapegoat; they would load all of Bartley's sins upon him and let him carry them Into the wilderness of de spair and leave their client spotless and guiltless. Bartley's first term ended January 2, 1895. He succeeded himself on the 3d Inst., according to these legal lumi naries, and his bond must have been approved by the Governor on that day. Since It wns not approved until the 9th they say that the office became vacant; that Bartley was not state treasurer and that he did not, therefore, embezzle state money. They thought If Eugene Moore could work that sort of film flam with his short legs, they ought to do It with their long ones. They said that the governor was not entitled to take time to Investigate the bond he must accept It when presented to him, wheth er It was good, bad or Indifferent. Be cause he took time and Insisted upon other signatures, they allege that' the office became vacant and the bond void. That was their first point. The second wns that tho governor should have seen Bartley count out the money and show him the property of tho treasury at the time he approved his bond, and because that was not done the bondsmen are not liable. They hig gled over these points for many weeks. Judge Powell now came to the front nnd reversed himself. He hnd heard the mighty rushing wind, and being a timid man with political aspirations of his own, he got In. He instructed the Jury that If Bartley did not account to his successor for all state moneys coming Into his hands. the bondsmen wero liable; that the bond was a valid and subsisting Instrument; that Bartley had no right, ns slat treasurer to transfer to tho Omaha No tional bank or anyone clso tho title t6 that $180,101.75 warrant, nor to par samo out of tho state's money. The bondsmen asked for an Instruction that If tho bond wns not approved until Jan uary 9, 1895, tho bond wns void; but Judgo Powell Instructed that It won valid. They asked an Instruction that the office became vacant unless the bond was approved on tho 3d, which was refused. They asked for an instruction that they were not llnblo unless Bartley produced tho actual fundB nnd property before tho bond wna approved. This Instruction wns refused, nnd in Its stead tho Jury was Instructed that if Bartley held the certificates of deposits, checks and other evidences of the deposit of Btato funds In banks on January 2d. 1895, and turned them over to himself ns his own successor, his bondsmea wero liable. Judgo Powell and tho su premo court expressly refused to find any negligence of duty on the part of Governor Holcomb, although urged by zealous and able counsel to commit themselves to sucli a view. Had Holcomb done less than he dl& In forcing Hartley to secure a sufficient bond, he would have been suject to Just censure; us It is, the name of William A. Paxton, one of Nebraska's richest men, was added to tho bond after Jan uary 3, 1895. That bond was made good after January 3, and to Governor Hol comb Is duo the credit of saving to the stnto whatever will bo saved on that bond. Tho republicans everywhere, without scarcely a single exception, held up their hands In holy horror at the bars possibility that Governor Holcomb, 1 making his first Inspection of tho office of state treasurer in January, 1S9G, would compel the actual cash to be spread beforo him and counted. They argued that such a course would violate all tho settled rules of business, spread consternation In financial circles, and force dozens of banks to close their doois and create a widespread and dis astrous panic. Even the mere thought of such a thing prompted them to charge him with being a wild and woolly anarchist and bent upon doing all with in his power to Injure Nebraska's cred it. Even If tho governor had Insisted upon such an accounting in caBh, the fashion of borrowing money for a few hours' time for the special purpose of making a showing would, without doubt, have been resorted to. That this hns been the practice with many coun ty and state treasurers cannot bo ques tioned; especially was fho way open for such a fraud when wo remember that tho outgoing state treasurer, Bartley, was making a settlement with tho in coming state treasurer, Bartley, one and the same. The court, In effect, Instructed for the state. The Jury had but one duty: to fix the amount the bondsmen should pny. Their verdict was "built in the eclipse and rigged with curses dark." Justice miscarried, but tho rights of the people shull prevail. "It will bo fought out on these lines, even If it takes nil summer." There havo been noble lawyers itho stood for the rights of the people and Scorned to defend an Ignoble net. But your modern Jury lawyer: ah! "whes vice Is useful, It Is a crime to be virtu ous." With them, the law is a trick. Men's reputations nro secondary, and big "thieves ask as to tho stato of their health before they begin to steal." Theso men malign Governor Holcomb for weeks the Jury receives Impres sions. A dork rumor Ib abroad that th Lincoln gang were seen In Omaha, and that tho gang "saw" the Jury. There will be a new trial. The verdict will be set aside and the stnte will win. But the memory of the wicked shall rot. CHAUNCY M. DEPEW'S OPINION Discusses tho Nobraska Frofght Rato Caso. New York, March 14. Discussing the decision of the United States supremo court In the Nebraska maximum freight rato cose, Chauncey M. Depew, presi dent of the Now York Cential railroad, says: "The contention of the men who framed the Nebraska law nnd of the people In the other western state who agree with them has been that for years the legislatures havo had the right te confiscate railroad property within tbelr states by fixing rates so low as te leave no return to stock and bondhold ers. "Of course If the people who have money to build railroads believed that this doctrine would prevail no more railways would be built. If the doc trine had been sustained by the supreme court there would have been a panic In railway securities. Every investor would have understood that he held his Btock subject to Us being mado worth less by an act of some legislature. Thero Is now In bonds nnd stocks of railways about $10,000,000,000. and most of the in vestments of the country are based on these. If that Investment can be ren dered worthless over night by a bill Jammed through a legislature and ap proved by a governor in three hoars, nobody would Invest In such property. Such a doctrine, If carried out, would cause greater loss than our four years of civil war. The decision of the su preme court Is Just what every Bound lawyer and business man expected it would be. "The legislature has the power to fix rates within lines where the railways can live and get reasonable returns. Ah to what a reasonable return is, the su preme court would not decide finally. This Is a new country and railways aro necessary to develop It. There are still Immense areas yet undeveloped, which can never be developed without rallwny lines. If that case had been decided In favor of tho Nebraska law, not an other mile of railroad would havo been built In that state. The railways now within their borders would not havo maintained their roadbed and equip ment and In five years Nebraska would have been far behind the rest of the country. There would have followed. Inevitably, a cut In expenditures and wages would have gone down 25 per cent." Fort Worth. Tex.. March 15. There are yet several hundred cattlemen hero driving sales. Somo 11,000 head of cat tle changed ownership today. The con sideration was $269,000. If no hitch In tervenes, one of the largest individual stock deals ever made In Texas will bo closed tonight, that of Dan WIggoner of Wise county, transferring 40.000 head of cattle to the Evanston-Snyder-Buell Commission company. The sale will exceed $1,000,000. The cattle are on pasturage in the Indian territory. ff ij treimfjaaimjmuo rutfimniw sjv ,w - tflgEMMKj ri ??yTyfv"L jg2
