Herald.
1
VOLUME IV.
IHEMI
BOX BUTTE COUNTY, NEBRASKA, FRIDAY, MARCH 18, 1898.
NUMBER 5.
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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.
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