o OMAHA ILLUSTRATED J5EE. February 1 1SXK ) .
OMAHA Iu.USTUATIil > BlilJ.
Published Weekly by The Hoe Publishing
! < MullilliiK , ( mm .in. Nob.
I Tire , u cell H per ropy-pel yonl , W.VI.
inli ; red at tlio Otnahu I'ostollleo i\n "ec olid
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Fur nilvorllHlrit , ' rule * nddr < * H Publisher.
( iMWiiunleallotiH relating to photograph *
or artlrli'M for publication 'ilifiiiM lie nd-
drowd "Killlor Oinalia Illustrated Doe ,
Omaha. "
Pen and Picture Pointers
The portrait , of ISIca/or Wakeley Is pro
Bellied an the frontispiece of The Hoe this
week n nil will be rec < gnl/.ed by every c no
familiar with the bench and bar of Ne
braska , In which Judge Wakeley has been
a prominent figure from the early terri
torial dayH. In the organization of the new
Nebraska State Har association no more
fitting choice for the presidency could have
been made than the selection of Judge
Wakeloy , who Is known as the Nester of
the Nebraska bar and whotio position In
the foremost rank Is conceded by all at
torneys. At the request of The Heo Judge
Wakeley has written an article explaining
the origin of the new bar association and
Its purposes. This will bo read with Interest
by every one who wants to see the standard
of the legal profession maintained and ele
vated In this state.
The great negro educator. Hooker T.
Washington , president of the Industrial
school at Tuskegue , Ala. , was a visitor In
Omaha last week , where ho delivered an
HOOKI3R T WASHINGTON. NOTED
N130RO 13DUCATOH , IN OMAHA Photo
by Ijouls H Hnstwlek
address upon the subject of negro educa
lion , and while hero was caught by The
Dec's camera. President Washington has
rmido a profound study of the negro problem
and by his practical views on the subject
has become , perhaps , the most honored
leader of the negroes in their own race.
His visit will undoubtedly prove an Inspira
tion to the moro Intelligent and ambitious
of the colored people of this community.
Renders of The Heo will be glad to renew
the acquaintance In this number of Frank
G. Carpenter , who Is with all of thorn a
favorite newspaper correspondent and whose
series of letters on bin travels In the Philip
pines and far east begins with this number.
Mr. Carpenter him done moro traveling
a newspaper correspondent than any other
American journalist anil ho has acquired n
faculty of observation and a ntylo of enter
taining writing matched by no one else. Ills
lnltors will take the readers over the path
traveled by him and rnako them feel as If
they were seeing with their own eyes the
scenes and people whichhe describes. The }
are sure to bo a popular feature of The Hoe
during the corning year.
South Omaha lodge No. IIS , Independent
Order of Odd Fellows , which recently moved
Into Its new temple at the northeast corner
of Twenty-fourth and M streets , was Insti
tuted May 21 , 1SS7 , by Grand Master Purga
tion , assisted by members of Omaha lodge
No. 2. The charier was granted by the
grand lodge of Nebraska and bears ilato of
May 111 , 1R87. These were the chartcr niem *
born of the ledge : J. H. Johnson , W. S. An
derson , J. H. 13rlon. Lynmn Carpenter , Peter
Cockroll , David Loosener. James Carlln ,
James Sattlzan , A. II. Miller and George
Clark. The first election of oHlcers resultol
OK follows : J. H. Johnson , noble grand ; W
8 An < lurt > ciii , vlco grand ; J. H. 13rlon , record
ing secretary ; Lyman Carpenter , financial
ESCOIIT AND PALLI1I3AHI3HS AT FUNK 1
STANTON AT STATION IN OMAHA 1
secretary ; Peter Cockrcll , treasurer. The ( :
first IK mo of the ledge was In a frame buildIng - i
Ing on Twenty-fifth street Just south of N f
street. Later on moro commodious quarters 1
were tecurcd In the South Omaha National
bank building. When the Masonic block at
Twenty-fifth and N streets was erected the t
ledge removed to that block , whore It ret t
malncd until last fall , when the Odd Foli i
lows' building was completed. On January (
1 , 1000. this ledge had 127 members , which t
entitles It to two representatives to the y
grand lodge. The present officers are : Frank \
Horn bock , noble grand ; John A. Nelson , vlco f
grand ; Alexander Goldstein , secretary ; J. i
I ) . Dennett , treasurer ; J. S. Gosney , N. D. (
Mann , L. F. Ktter , trustees. Members of ,
this ledge are very proud of their now hall , ]
which is considered the finest In the city. |
< g > f
The recent Oniaha-Kanwas City shoot In 3
this city lias been the principal sporting c
event since the close of the foot ball season t
and justifies the space devoted to the pic- c
lures of the principal marksmen who figured i
in the contest. The records made at thta (
shoot are really phenomenal considering the <
conditions of the wind and weather , and j
will stimulate renewed Interest In this i
healthy sport. <
Talking about the weather , the Illustrated
article showing how the weather man works
should bo timely and Instructive. As the
local forecast ofllclal asserts , there Is a great
deal of popular Ignorance as to the founda
tion for the weather bureau forecasts , which
in reality are based on scientific data that
deprive them entirely of any chance
characteristic and their value , oven from a
commercial standpoint , has been practically
established.
The Hco this week prints the last of the
pictures of foot ball teams that It can find
space for this scnsnii. The foot ball jierlod
His been closed for 601110 time , but the pres
sure upon us frwn the various cities which
took part hns boon so great that wo have had
to yield to it , but the line must bo drawn
somewhere and the remaining foot ball
teams will have to wait until next season.
About Noted People
Senator Date still uses a cane In walking ,
necessitated by the effects of throe wounds
received by him during the civil war. Ho
was successively captain , colonel , brigadier
general and major general In the confed
erate army ami mirrendorejl with the Army
of the Tennessee In 1SG5.
The late John Ruskin gave away a great
deal of money during his life. For many years
his annual Income from his pen alone was
$30.000 , but ho lived on less than iutenth of
that amount. Indeed , ho used _ to say that a
gentleman ought to be able to live on n
pound ( about $ G ) n day'If ; ho could not ho
deserved speedily to die.
Senator Vest has a notebook filled with
i are examples of congressional eloquence ,
among which his favorite quotation to Illus
trate mixed metaphor is"Tho apple of dls-
HAL OF THI3 LATH GENERAL T II.
Photo by Louis H. Hostwlck.
ord has been sown In our midst , and unless
nipped In the bud It will produce a confla
gration whos-o waves will submerge ; this fair
land with anarchy. "
Wu Ting Fang , tire Chinese minister , was
Iho guest of honor at the recent dinner of
ho Philadelphia Presbyterian Social union ,
mil he made a strong argument against the
-hlncso exclusion act. Speaking of the charge
.hat the Chinese do irit assimilate with
\merlcans , lie said : "Do you mean that you
nant the Chinese to change their clothing
xnd adopt your costume ? I hope they will
tot do It. You have no idea how comfortable
> ur clothing is. Do you want our people to
lo as you do ? Surely y. u don't , do you ?
liccauso If you do that Is against your
principles. Where aie the liberty and
freedom of which you boast so much ? Are
rou to preach a doctrine to us which you
lo not observe ? I rejoice to think that In
Lhls ancient city of America the people ar
nero just to rny people and as far as I can
* eo they do not agree with the way the
3hlncso are treated In this country. In this
L-onnectlon I can't help acknowledging the-
oed services rendered by the Chinese mis
sion of this city , of which Mr. Poole Is in
charge. "
N13W ODD FELLOWS' LODOI3 ROOM AT SOl'TH OMAHA.
Nebraska State
Bar Association
Members of tliu bar In practice ton to
twenty years ago will recall the fact of a
Nebraska State Har association , which , la
thosu times , was a living organization , with
a considerable mombcrshlii thr. uglinut the
siate. It held annual meetings , and was kept
l moro or less nctlvu ope'ratlon. Addresses
were delivered before It by prominent law
yers of the state , valuable suggestions wore
mailo for the improvement of the profes
sion , and refommendatlons for useful legis
lation put f Kli. For reasons not useful
to explore , It has , within the last decade , lan
guished , and finally fallen Into a condition of
Innocuous desuetude" holding no meet
ings and giving no evidence of vitality.
\s a mere voluntary association It bad no
perpetual corporate succession , and became
practically extinct.
The recent effort to revive it had Its
Inspiration , to some extent , in the session
of ( ho National Har Association at Hnffalo
In September last. This was attended by
several prominent attorneys from Nebraska.
The state had , t\\o years before , been hon
ored by this National Association in the
election of Its ills'lnguishcil lawyer , James
M. Woolworth , as president , and was again
signally fa\ored by the unanimous choice
of Hon. Charles V. Manderson for the same
position dining the current year. Som-
200 members wortpiesent , representatives
of the active , progressive element of fie
profession , from many states. It was fur
ther attended by several distinguished Ju -
Ihts from abioad , delegates to the Interna-
tl nal Har Association , which met at Uutfalo
during the same week , for the llrst time
In this country. Papers were read on in
tcrestlng themes ; committees reported ex
haustively on Importnnit branches of the
law ; President Manderson ( In place of Am
bassador Chi ate , absent in England ) made
an Instructive address ; Semitrr Lin Isay
read a masterly argument on the acquisi
tion of now territory ; the debating taknt
of the bar was fully exploited , and a geneial
spirit of progress , reform and good - fellow
ship prevailed during the four days of the
session ,
lultliilliiii of ( lie Movement.
Judgu W. I ) . McIItigh , 13. M. Hartlett , and
U. W. Hreckenrldgo of this city were am ng
the Nebraska attendants who caught the
spirit of the occasion , and to them chielly
was due the initiation of tile present move
ment. Circulars were issued to leading
COMMENCING WORK ON NI3W SIXTI313NTH STHKI3T VIADl'CT AT OMAHA.
attorneys of the state , HOIUO nfty or sixty
of whom uiiet at Lincoln on the evening ( f
January 22 from Omaha , Lincoln , Grand '
Inland. Kearney. Scliuyler , Iloldrrge , Madison - '
ison , Hastings , Neligh , Norfolk , Tecumseh '
and other points. An organisation was effected - '
fected , to bo made moro complete in the '
future if found necchsary. '
The olllcers chosen were : KleazerVakeley ,
piesldent ; Hon. M. H. House , vice president ;
former Judge S. P. Davidson of Teciimsuh ,
treasurer , and W. P. McCieary of HastIngs - f
Ings , secretary. Committees have been appointed - '
pointed as foil n\s : '
Executive Council 13. Wakeloy. Omnha ; '
Frank Irvine , Lincoln ; S. M. Chapman , }
I'lattEiinmth ; H. W. Hreckenrldgo , Omaha ;
W P. McCreary , Hastings.
Committee on Membership A. J. Sawyer ,
Lincoln ; C. J. Greene , Omaha ; C. J. I'lielps ,
Schuyler ; 13. II. Hlnshaw , Falrbury ; J.
M Hagan , Hastings ; M. P. Klnkald , O'Neill.
Committee on More Perfect Organisation f \
13 M Dartlett , Omaha ; Itoscoo Pound , v .
Lincoln ; S. P. Davidson , Tocunibeh ; W. p. p
Hall. Iloldrege , L. D. Holmes. Omaha. n
The association will meet again at the call I :
of the president , as soon as the committee on f
more perfect organization shall be ready to u
report. The objects are Identical with those
of similar well known organizations In other
states. They may bo summarized , In a gen
eral way , as promotlvo of the elevation , Im
provement and clllcloncy of the profession ,
the exaction of a high standard of character ,
probity and Integrity In its membership of
higher importance than mere numbers and
the Initiation and advocacy of such condi
tions , reforms and changes In the law , and In
the organic structure of the courts , as ex
perience , and enlightened progress may de
mand.
In few states , If In any , does there exist a
more Imperative demand for changis In the
constitution and statutes touching the Judi
ciary , than now confronts the people and the
legal profession In Nebraska. The deplorable - '
able Inability of the supreme court , under Us
present structure and limitations , to deal
adequately with the mass of business now
swelling Us docket , ami overtaxing Its capac
ity of labor Is unlversilly recognized. This
presents a serious problem , to be met and
solved with the least possible delay the al
ternative being a hopeless and helpless
paralysis of justice In that court. Its print ? 1 .
calendar , just Issued , shows the pendency of
1,459 causes , the number -Increasing now
from term to term. Lawyers know , and the
public should realize the great labor , thn
time , and research involved In the dlspos-al of
this mass of litigation. Years are requisite
with the utmost industry and zeal , for three
men to do it with satisfaction to thenirtelvos.
or justice to litigants.
What Is the remedy ? This will be a ques
tion for the most deliberate thought of the
Platt' Har Association. It proposes to deal
with the question under that conviction , and
Its conclusions , deliberately formed and ap
proved by the body of the memb'rshlp ,
should deserve ( whether they may receive It
or not ) the most candid and respectful con
sideration of the legislature , which alone
can provide a full remedy , by innu'i'irntlng
constitutional revision or amendment.
Methods cannot bo here discussed at length
Whether the remedy Is to bo sought In a
mere Increase of members , or in a double
court of three members In each division ,
after the example of California ; or In an In
termediate appellate tribunal , composed of
judges of the district courts , similar to that
In .the Federal system , which has proved an
effective relief to the supreme court of the
United States ; or an extraordinary commis
sion to clear up the arrears , and let the
court start anew with Its business ; or In a
combination of those or other expedients
this is the problem.
One firont Olislaolo.
When all Is done , however. It will bo
found that the bedrock obstacle the "mother
lodo" of the accumulation Is found in two
lilies of the present constitution. Section
xxiv of the Hill of Rights says :
"The right to bo heard in all civil cases
In the court of last resort , by appeal , error
or otherwise , shall not be denied. "
With this in force the legislature Is power
less to limit or abridge the right of re
view EO granted. It may regulate , but It
cannot deny the right. Under this "palla
dium , " controversies of the most trivial
nature , the right ef property In a worth
less cur ; the results of a street brawl ; a
dispute over a shyster's fees in police court ,
nil have equality of right on the docket ,
and of hearing ( save by favor of the court )
with .1 contest for the governorship , or the
most far-reaching constitutional question.
This is all wrong. There is no inherent
right to bo hoard In an appellate tribunal.
The citizen Is fully protected by "the law
of the land" when his rights have ben
once fairly heard In a court of rightful
jurisdiction. All else is discretionary. The
legislature should bo loft to regulate the
appellate jurisdiction of the court , from
time lo time , guided by experience , and wise
discretion.
That collection laws In Nebraska are im
perfect and inadequate is notorious. Take
a single illustration : In a mortgage f re-
closure case there Is a sham defense. An
appeal from the decree goes to the supreme
court The sale Is stayed without bond to
pay the debt. Interest or damages for delay -
lay In throe or four years the decree Is
afllrmed. The property is then sold , but
another appeal stays the deed to the pur
chaser , with a bond worthless In Its terms ,
until , finally , the legal mills , which , like
"tho mills of God , grind slowly , " deliver to
the worn and woarly litigant what Is left
of his "grist. " This the legislature could
remedy ; but session after session goes by ;
the mcnnbors have plenty of time for friv
olous frittering over useless or harmful
measures , but neither time nor Inclination
to remedy glaring defects in the remedial
Justice of their state.
If the Har Association can stimulate legis
lation , or galvanize the torpid public con
science of the state to the needful action
for supplying a remedy It will not exist In
vain. Other changes , and reforms are ur
gent and pressing , and it Is believed they
will have tno careful attention of the Ne
braska Slate liar Association.
EL13AHI3R WAKELEY. j
Dewey as a Painter
While a student at Norwich university
\drniral Dewey took lewons In painting In
.valor color and proved an apt pupil. Ho
iroduccd govern ! promising blis of work' ,
noBtly marine sketches , one of which has
teen rescued from oblivion , and in n largo
rame , now adorns the walls of one of the
inlverslty'8 claswonms