THE NOBFOLK WMKIY ' . NEWS-JQUBNAL.
' 'a NORFOLK , NEfittXSjCA , FRIDAY , JANUARY 1 , 1002.
'Cat
Department Upholds
Court's Findings.
CHARGE A CHANGE OF FflONT.
,4Judgo Advocate Lerrily and Solicitor
Hanpa Accuse Admiral Schley of
Shifting Ground Hla Conduct the
Main Point at Issue. N
Washington , Jan. 31. fho "com
ment" of Judge Advocate General
Lemly and Solicitor Hanna upon the
appeal of Admiral Schloy , as submit
ted to the president by Secretary Long ,
begins with the statement that Admi
ral Schloy and his counsel have shift
ed their ground. They say the chief
features of the case were "tho retro
grade movement , " "disobedience of
orders , " "Inaccurate and misleading
official reports , " "failure to destroy
vessels of the enemy lying within
sight , " and "injustice to a brother of
ficer. " The commentators says :
"Upon all the above named features ,
believed by us to bo the most import
ant , If not the only really important
matters Into which the court made In
quiry , the conduct of Admiral Schley
wao condemned by that most distin
guished tribunal. Admiral Dewey and
Roar Admirals Benham and Ramsay
united In their findings and opinion
upon all these several points.
. The commentators charge that Ad-
.miral Schley now ignores all these
grave matters and bases his appeal
{ upon unimportant features of the case
; as compared with the grave matters
, above referred to , "upon which there
Vas not , and in the face of the testi
mony , could not ha.ve been any differ-
cnce of opinion in the court"
Question Between Schley and Sampson
The commentators say they recog
nize the fa'ct that Admiral Schley de-
'voted by far the larger part of his ap
peal to the question of command , and
consequently give that question a
proportionate space In their comment.
Both alike are Interested and to in
vestigate It fairly both should bo
heard. Such Incidental testimony on
this question as came before the
court was on Schley's side only and
the doors we're entirely closed to
Sampson. They add : "To determine
on important question of this nature
Is contrary to the underlying principle
of Aryzlo-Saxon justice. Nevertheless ;
It Is precisely what the appeal asks
the president to do. "
It Is" admitted that the precept was
broad enough to have permitted the
court to go Into this question , but it is
recalled that the judge advocate ,
though expressing a willingness to en
ter upon It , the court did not deem
it necessary or proper to do so. The
judge advocate , they say * might have
shown that it was Admiral Sampson's
plan of night blockade that forced
Cervera to come out in the daylight ,
and Captain Clark Is quoted to support
that statement They quote Admiral
Schley In his testimony to the effect
that the American ships charged In
according to the original plan to sink
the .enemy in the channel and that that
plan failed because the enemy suc
ceeded In passing the battle line.
They ask , Why did the enemy suc
ceed ? And declare , "tho Brooklyn
having abandoned her position on the
loft of the line , thereby left an un
guarded opening along the western
Bhore , through which the Spanish
fleet passed our ships and attempted
to escape. "
The court's opinion Is quoted to
the effect that the Brooklyn lost dis
tance in position by the "loop" and de
layed the Texas. To sustain their
contention that Sampson was In com
mand , the commentators , quote pas
sages from Schley's report of July C ,
1898. as follows : "Tho torpedo boat
destroyers were destroyed early in
the action , hut the smoke was so dense
in their direction that I cannot say
to which vessel or vessels the credit
belongs. This doubtless was better
seen from your flagship. The dense
emoke of the combat shut out from my
view the Indiana and the Gloucester ,
but as these vessels were closer to
your flagship , no doubt their part In
the conflict was under your Immediate
observation. "
The "comment" closes in the fol
lowing words : "Tho contention that
the magnificent work of the Oregon or
'any part of it was done under orders
from the Brooklyn , or that the Oregon
received or obeyed even a single order
from Commodore Schloy from the
time the Spanish ships were sighted
to the time of the surrender of the
Colon , -which surrender may fairly be
taken as the close of the battle , must
bo abandoned ; and with It goes the
laat peg upon which to hang the pre
tense of a claim that during the battle
of Santiago Commodore Schloy effect
ively exercised any of the functions of
o. commandor-ln-chlef. The weight of
the testimony is to the effect that
Commodore Schloy controlled the
movements of his flagship , the Brook-
] yn , well , with the exception of the
loop , but It also shows , not negatively ,
but affirmatively , and beyond quoatlon ,
that ho did not-control the operations
ef the 'fleet in general on that day.
All this is established 'by unlmpeached
testimony , given under oath by the
admiral's brothers In arms. The plain
truth of tbo matter , therefore , devel
oped for the first time under the
iiearchllght of 'this inquiry , although I
* > ocfn -
0/h
' t\ly \ , Is that BO for na
the Glou. , the town , tlio Indiana ,
tlio Texas and the Oregon are con
cerned , not tlio Htroho of n propeller
blndo , not the touch of a helm , not
tlio firing of n shot wan done under
the direction or by orders of Admiral
Bchley during this memorable battle. * '
TO REPEAL ALL WAR TAXES.
House Committee Authorizes
man to Report Dill Favorably.
Washington , Jan. 31-rTho ways and
means committee , by unanimous vote ,
Instructed Chairman Pnyno to prepare -
pare a bill reuoallng all the war rev-
cnuo taoccB except the tax on mixed
.lour. The action taken was In the
form of a resolution to the effect thai
the bill should provide for the repeal
of the remaining war taxes , to talco
effect on July 1 , 1902 , except that the
repeal of the duty on tea should go
Into effect Jan. 1 , 1003. The only di
vision in cemmltteo was in amend
ments proposed by Democratic mem
bers. Representative Richardson
( Tenn. ) proposed an amendment to
put trust-made articles on the free
list. This was defeated by a party
vote , as was the amendment by Repre
sentative Robertson ( La. ) to continue
the tax on "bucket shops. "
CENSUS BUREAU BILL PASSES.
Department Will Become Permanent
If Senate Concurs With House.
Washington , Jan. 31. The house
yesterday passed the bill for 'the crea
tion _ of a permanent census bureau.
The friends of the civil service law ,
who were opposed to making the em
ployes 'of the bureau eligible to trans
fer or retention , wore overwhelmingly
defeated. By the terms of , the bill the
permanent , organization will succeed
the probunt temporary organization
July 1 , 1902 , and all employes on the
rolls upon the date of the passage of
the act will become eligible for trans
fer to other departments or reten
tion in the permanent organization.
The bill also provides for a manufact
uring census in 19.05 and for the col
lection of certain special statistics an
nually. Early in the session a bill
was passed for the protection of the
lives of miners in the territories.
Leavltt Confers With President.
Washington , Jan. 31. H. G. Leavitt ,
representing the beet sugar interests
of Nebraska and the west , and James
D. Hill , representing the cane sugar
industry of Louisiana , had a confer
ence with the president yesterday In
regard to the proposed reduction in
the duties on Cuban sugar. They say ,
In substance , that they quite agreed
with the president In his desire to ren
der aid to Cuba In every proper way ,
but they protested against sacrificing
the Interests of the sugar Industry of
this country that Cuba might be benc'
filed. The president , it was stated ,
said that he was very much interested
in building up the industries of Cuba
when this could be done with only a
minimum loss to this country.
Senate Proceedings.
Washington , Jan. 31. Yesterday's
session of the senate was entirely
void of the tumultuous scenes which
characterized the sessions of the past
three days. After the Philippine tar
iff measure was taken up at 3 p. m.
Tlllman delivered a speech dcvoten
almost entirely to a discussion of the
part his state took in the war for the
independdnco of the colonies. Inci
dentally , ho referred occasionally to
the pending bill , drawing morals , as ha
said , for the benefit of the majority
that they might bo applied to the
Philippines. Prior to taking up the
Philippine bill the scnato passed a
number of unobjected bills on the cal
endar.
Shaw in Washington.
Washington , Jan. 31. Ex-Governor
Leslie M. Shaw of Iowa , the now secre
tary of the treasury , arrived hero last
night with Mrs. Shaw and went at
once to the Arlington hotel. Mr. Shaw
said that ho expected to bo sworn in
as secretary of the treasury Satur
day morning , in accordance with the
understanding v-Hh Secretary Gage
before he went back to Iowa.
SPARKS FROM THE WIRES.
The British war office has ordered
10,000 horses to bo bought In Prussia
for use in South Africa.
Dr. Charles II. Burnett , the eminent
flurlst , is dead at his homo at Bryn
Mawr , Pa. He was 61 years old.
The Belgian chamber of deputies
was the scene of a free fight Thursday
between the socialist and Catholic fac
tions.
Sheriff Porter of Enid , O. T. , has ar
rested Kid Nobje , wanted In Iowa for
alleged murder , and Is holding him for
the Iowa officers.
At Providence , I. T. , Walter Childs
was shot and killed by Ella. Pitts , the
result of a quarrel. The woman is un
der arrest at Ardmore.
Henry P. Russell , an alleged forger ,
was arrested at Peorla , Ills. , Thursday.
Ho was staying at the Hotel Fey and
Vcft two checks In the writing room.
Fire at Oakland City , Ind. , Thurs
day destroyed S. V. Levl's department
store and some smaller buildings.
Loss , $50,000 ; covered by insurance.
In a coasting accident at Koescvlllo ,
N. Y , , Thursday , Wilfred Graves was
killed and his sister , Rachel Graves ,
and IJdlth Bulley were probably fatal
ly crushed.
The American Cattle Growers' asso
ciation , composed of leading cattlemen
of the west , will meet in Denver March
4 to discuss public land leasing and
other questions affecting the Industry ,
= 2 ,
SHOES SHOES SHOES !
IT IU | ) BEIiOW GOSH
*
Commencing SATURDAY , JANUARY 11 , 1902 , we will close
out our entire stock of Boots , Shoes , Rubber Goods , Leggins ,
etc. This is a
GENUINE CLOSING OUT SALE
if
for we are determined to get out as soon as possible , to engage
in other business. Our goods are high grade and up = to = date ,
bought from best factories in their respective lines. This sale
will interest everybody and will continue' till the entire stock is
disposed of. Call early before sizes are broken. Goods sold
for CASH only
SPENCER &
"USenoiita , "
Queen
Quality
Oxfords ,
$2.50.
Light FlexIWe Sole ,
Medium High Heel.
For Street or Dress
Wear.
Kxact Reproduction of this Stjlc.hoc. .
GOING
. . . . OF
BUSINESS !
THE PMGE
SHOE STOKE ,
NORFOLK , NEB
FOR GOOD LOANS AND EASY PAYMENT
< SEE >
The Norfolk Building and Loan Ass'r
C. B. DURLAND , Secretary.
Get What You Ask for at
0
IIHLE'S GROCERY.
ALL ORDERS are filled promptly and with care.
Our goods are FIRST-CLA.SS in every particular.
We know precisely what is wanted by our custom
ers.
We aim to Give you the BestjValue
for Your Money.
South aide Mala St. , between 2d and 3d. Telephone 41.
H-H H-M-H-1-M M-H-M-M'M-M-M ' H-l H-H-I-M M H-M-i-I-H-M-H-I-
For Kibo
Kid
Ail-Around and
Calf.
IS BRANDED
OH EVERY
SHOE. 8 Inch.
Extra Heavy
Sole.
Low Keel.
Out-of-Door Boot.
\V. H. HUCnOLZ. President.
. . . .
Norfolk i ALKXANDEK BEAU Vice Presld ai
E. W. ZUTZ , Cashier.
National Bank.
OLDEST ESTABLISHED BANKING BUSINESS IN NORTHEAST NEBRASKA
Capital , $100,000.00
Surplus , $20,000.00
Does a General Bankine Business.
Buya and Soils Exchange.
Interest Paid on Time Decpoalta.
Drafts and Money Orders Sold on any Point In
A General Steamship and ForolKn Paaaag * Business Transacted.
A. BEAU , F. P. HANLON , J.-IULK , * W. II.BUOHOLZ , WM. SU11
N.A. BAINBOLT. 8.8. COTTON ,