Omaha Daily Bee. ESTABLISHED JUNE 19, 1871. OMAHA, FI1IDAY MORNING, MARCH s 7, 1902 TEN PAGES. SINGLE COIY FIVE CENTS. The LABOR VITAL ISSUE Question of Wgtf the Essence of Ship Subsidy Proposition. SENATOR HANNA MAKES FORCIBLE SPEECH Bases Flea for Subsidy on Cost of Produo tion and Maintenance. SHOWS BOTH HIGHER IN AMERICAN TRAFFIC ,?",, ' Merchant Marine Essential to an Vv, x Tlffioient Bstt. ONLY HOMl ' V"Y NOT PROTECTED Ohio Scaator's Ark Skews Carc- fal Prearatlo"a.i (nniidi Close Allratlca front Both y Political Sides. . ' 'v WASHINGTON. March . A notable ftpeech was mads la tbe senate today by Mr. Hanna of Ohio on th pending shipping bill, which be discussed from the standpoint of an American business man. Bis arguments were carefully arranged, be was always . forceful and earnest and at times became eloquent. He commanded tbe undivided at tention of tbe senate and of tbe galleries and when be closed he received congratula tions of many of bis colleagues. Early in the session Mr. Frye, In charge of the pending shipping bill, obtained an agreement that the senate should vote on tbe measure and all pending amendments ax I p. zn. March 17, that time being entirely satisfactory to those on both sides. Before consideration of the shipping bill was resumed an extended debate took place on the measure prosldlng for the protection of tbe president of the United States. Mr. Bacon of Georgia took the ground that In tts present shape the bill was an Invasion of tbe Jurisdiction of the states and that It aught te be amended radically. Mr. Pat terson of Colorado, while he agreed to the general propositions of the bill, urged that It ought not to Pass In its present form. FeAterea ta Be Caasldered. Mr. Depew of New York pointed out that tn the state laws there was no differentia tion between tbe assassination of the presl lent of the United States and of any other terson and an attempt at assassination was sot punishable with death in any state, as tbe pending bill provides. Mr. Piatt of Connecticut suggested, too, that some states bad laws against capital punishment Mr. Bacon, continuing, said that the bill Involved the right and propriety of federal government to enforce a law within a state different from any law on tbe statute books of tbe state. So far as the anarchist was deterrent against the crime of assassina tion, as the anarchist was willing to sacri fice his own life.' Mr. ,Uoar t Massachu setts Interrupted to say that tbe pending bill was proper because tbs ssaaeainatloa or attempted assseslnation of tbe presi dent waa an interruption jsf the gnvenuneat nd It waa vitally important to the govern soent that . aseh . Interruption should hot occur. Mr. Bacon nrged that the bill ought at least to be amended In accordance with bis proposition alraady offered, so that tt should be shown that the crime was com mitted against the president, "because of bis official position or for the purpose of de stroying the government or impairing tbe execution of lu constitutional powers." Mr. Bacon said the bill was practically an enlargement of the law of treason and proposed to make treason of something that, under the "constitution, was not treason. Mr. Patterson of Colorado suggested that a most embarrassing situation would have arisen bad the assassination of President McKinley, for Instance, occurred in the state of Iowa, where capital punishment is not permissible. It would have resulted, be believed. In tbs state being disgraced by tseb law, as no American community, be thought, would have been satisfied with mere Imprisonment for tbe aasaasla of President McKinley. He agreed with the main purposes of ths bill. Clay oa SalaolBsr Bill. At tbs conclusion of Mr. Patterson's re marks Mr. Clay of Georgia resumed his - speech on tbe shipping bill begun yesterday. He predicted the complete failure of the pending measure. Natural changes alone, be argued, could Increase the foreign car rying trade of the United States. Mr. Hanna then addressed the senate, bis remarks being principally in answer to Mr. Clay's speech of yesterday. He said that when Mr. Clay quoted from Mr. Prye's remarks that all there was In this question which required explanation waa embraced la the one question of labor be waa correct. "'I stand by that proposition, but I ge further.' Mr. Hanna said. "The ore in the gro$ d la worth about 25 eents a ton. After H was touched by the band of man It waa tabor. Ninety-five per cent of the cost of a ship built in American shipyards or In any shipyards Is purely labor. The cost of the construction of a ship tn the United States as against that In either England. Germany or France, almply measures tbe difference of wages and tbe efficiency of American labor." Oaly I'aproiected ladastry. Mr. Hanna declared that ths merchant marine waa tbe only Industry in the United Slates which has not received the fostering care of this government. - "Will anybody deny." aald he, "the Im portance, the absolute necessity of having sa auxiliary for our savy in ths form of a merchant marine, ahaped under the direc tion of the Navy department and in time of war absolutely In the hands and under the control of the president of the United Statee to use It in tbe most effective man aery" Senator Hanna aald that If the United Stats failed to profit by the experience of the older countries of Europe, who have adopted a policy la reference to maritime matters, tt would make a most serious mistake. Every merchant ahip constructed la foreign countries was meant to be a ship of war la time of need. Mr. Hanna cited the feeling of uneasiness along the Atlantic coast at the beginning of hostili ties with Spain and the relief which was ixpenencea wneu ins lour steamers of tn American Una were called oa by the secre tary of the navy under the conditions of the law passed by congress to perform picket service. Beaks with Ecoaeaal saetla- He Insisted that It waa as Important a talloaal questloa as an economic policy to tarry with the expenditure for building up the navy, the expenditure for an auxiliary aavy and merchant marine. There Is something mora la this trans porta t ion question, he said, than merely carry lag mall letter bags; there la more is tt than dollars and ceota to the United (Continued oa Second Page.) FOR AN ELASTIC CURRENCY Seaator Dietrich Beasresls Fmergeaey Meaey to Be I sed la Times of N Eaabarrassaaeat. (Fiom a BUff Correspondent.) WASHINGTON. March . (Special Tele gramsSenator Dietrich today Introduced a resolution calling upon the committee on finance to propose an amendment to the banking bill providing a plan for a more elastic currency. In explaining what he meant by aa elastlo currency Senator Diet rich aald It was Intended to Issue psper to perform much tbe same functions as those of clearing bouse certificates Issued by the New Tork banks during panics. He thought tt could with entire correctness be called an emergency currency and that It should be a Hen upon the assets of a bank. Ex-Secretary Gage was la favor of some such measure, and It is understood thst Secretary Shaw also looks with favor upon an amendment of this character. "We must come to this proposition sooner or later," said Senator Dietrich, "and it would not surprise me to see It made aa Issue In campaigns of ths near future. Many banks were compelled to fall tn the past just because they did not have authority to Issue currency to tide them over a temporsry embarrassment. "For one, I believe we ehould add sucb a measurs of elasticity to the currency as would prevent failures, especially when tbe banks are known to be solvent. Canada has a system similar to that which I have thought about and it has worked with such good results there that I believe we could welt afford to try It here. I make no sug gestion in the resolution aa to tbe subject matter of ths amendment. All I deslrs Is to have the committee on finance consider the question and In Its wisdom amend tbe banking law so as to provide for the emer gencies that come In almost every bank's history." The president sent ths following nomina tions for postmasters In .Nebraska to ths senate today: John C. Mitchell, Alma, vice Jerry B. Billings; O. A.' Ashbrook, Hebron, reappointment; Frank M. Kimball, McCook, reappointment; Theodore C. Hacker, Red Cloud, reappointment; A. F. Enos, Stanton, vice H. F. Stephens. Tbe following Iowa appointments were also made: F. A. Turner, Avoca; John Bird, Parkersburg. Representative Robinson called on the commissioner of Indian affairs today in be half of John B. Hermann, contractor for the school building at the Genoa Indian school. Hermann is asking for an extension of sixty days tn which to complete the building, the extremely eold weather of the laat thirty days making It Imposslbls to complete the structure within ths period named In the contract. Commissioner Jones said that if Hermann could get tbe endorse ment of the superintendent of schools and ths consent of bis bondsmen he saw no ob jection to granting the extension prayed for. Incidentally Congressman Robinson took up the question of back pay which Is due Hermann on account of the new school building. Ths congress man waa Informed that tbe delay In making the payment was due to the large amount of business which tbe department bad been called upon to transact since congress convened. At the request of Senator kl Ulard tbe First National bank of Uscoln was made full (ravers roont depository" today. " ; Senator Kittredge today Introduced a bill granting settlers the light to make second homestead entries. The bill pro-rid fa that any person who prior to the act entitled. An act providing for free homesteads on publlo landa for actual and bona fide set tlers and reserving publie lands for that purpose," having made a homestead entry. perfected the same and acquired title to the land by final entry by having paid the price provided In the law opening tbe land to settlement, may make another homestead entry of not exceeding ISO acres of any pub- lie land in any state or territory. FAVORS THE DAKOTA BILLS Bssss Cossawtttea Approves Plaa for lltlaaat Opealaar at Laads 'to Settleaaeat. (From a Staff Correapocdent) WASHINGTON. March . (Special Tele gram.) Tbe bouse committee on Indian af fairs today ordered a favorable report on two bills which provide for tbs ultimata opening and settlement of several thou sand acres of desirable agricultural landa tn North and South Dakota. One of these waa presented by Representative Mara ball and provides for the ratification of the treaty with ths Devils Lake Indians, which cedea to the government a tract of land tn North Dakota. The other was tbe bill Introduced by Representative Burks of South Dakota providing for tbs cession to ths government of a large tract in Gregory county. South Dakota. As originally Introduced, both bills pro- Tided thst these lands should be opened to settlement under the free homestead act. This provision was eliminated by the bouse committee. The settlers will be obliged to pay $1.2$ aa acre for the South Dakota landa and $1.60 for tbs North Dakota lands. Ia ths case of the Devils Lake blU It la provided that tbe lands shall be opened by proclamation of tbe president. The bill for opening tbe Rosebud Indies reservation In Gregory county. South Da kota, and ratifying tbe treaty with the Rosebud Indiana for tbs cession of their lands, were ordered to be favorably re ported today by tbe bouse committee on Indian affairs and Congressman Burke of South Dakota will make tbe report. NOMINATIONS BY PRESIDENT Five Kekraaka Meat Praed ta tea Paetaaaatera. WASHINGTON. March (. Ths president today aent the following nominations to ths senate; Navy Commanders, William A. Marshall and Luclaa Young; captain. Henry B. Mansfield. Postmasters: Iowa F. K. Turner, Avoca; John Bird, Parkersburg. Nebraska John C. Mitchell. Alma; Os car A. Ashbrook. Hsbron; Frank M. Kim mel, McCook; Theodore C. Hacker, Red Cloud; A. F. Enos, Stanton. Texas T. B. Olahausen, El Paso; Thomas A. Guthrie, Thurber. Indian Territory William M. Stolx, Mar low. Illinois Martin A. L. Olssn. DeKalb; Michael F. Walsh, Harvard; Henry a Clay pool. Morris; William Wleae. Nashville; George R. Palmer, Onarga; Edward F. Ledoy. Sandwich. Kansas C. M. Higley. Cawkter City; Sey mour L. Billings, Marlon, Mlsaourt Joha W. Prssaoa. Doniphan; Thomas Curry, Oregon; Lewis W. Brannoa, Princeton. Montana George W. Irving, Butte; Ada M, Bennett. MUes City. SHIPS COLLIDE IS A FOG American Vessel is Sack by British Ocean Liner. ALL MEMBERS OF CREW ARE SAVED Harmonidea strikes Woeslaa A Mid ships, Pradaelast Terrlhla Shaelt, aad tbe Latter Blake Wltkla Tktrty-Flv Mlaatea, LONDON. March (.The American Una steamer Wseslsnd. Csptaln Atfeld, from Liverpool March i for Philadelphia, and the British steamship Harmonidea, Captain Pentln, from Para February II for Liver pool, met In collision tonight off Holyhead, Wales. Waesland aank. Its psasengers and crew were saved. Tbe accident was dus to a fog. Harmonidea rescued the passengers and crew of Waesland and Is bringing them to Liverpool. Tugs have been sent from Liv erpool to meet Hsrmontdes. Waealand car ried thirty-two cabin and eighty-two steer age passengers. LIVERPOOL, March 7. Waealand sank In . thirty-five minutes) and the passengers and crew lost all their belongings. Fifty-three of the passengers and crew of Waealand arrived at Liverpool oa board Harmonidea at (:3S this morning. They were received by the agents of tbe Ameri can line here and were quartered at various hotels. The collision occurred in a thick fog at 11:80 o'clock Wednesday night when Waealand waa forty miles from Holyhesd. Harmonidea struck Waealand amidships and thero was a terrible shock. Moat of Waealand's passengers had retired for ths night. Fatalities 'rasa Wretk. LONDON. March 7. The British ship Hsrmoaides, In collision isst night with Waealand off Holyhead, Wales, bole In Its Into Liverpool with a greet bole In Its bows. One of the rescued passengers states that Waealand was run Into amidahips at midnight In a fog and sank In half an hour. Ths boilers burst, owing to the breakage from the force of the collision; one boat man waa killed, a child drowned and a man and woman injured. Some of the boats were In the water a couple of hours before finding Harmonidea, owing to the dense fog. Waesland la owned by the International Navigation company, but files the Belgian flag. It plied regularly in the American line service between Philadelphia and Liv erpool, touching at Queenstown each way. Formerly It waa known aa Russia. It Is a four-maated, bark-rigged iron vessel of 3.67C tons net. Messrs. J. and O. Thomp son built It at Glasgow in 1887. Waeeland's dimensions are: Length, 436.1 feet; breadth, 48.1 feet, and depth, . feet. It la equipped with electricity and bss triple expansion engines of 1,500 Indicated horse power. Harmonldes belongs to tbe British and South American Steam Navigation company, better known as ths "Houston line," which operates a service of passenger and cargo steamers between Liverpool and the River La Plata and Braxlllan ports. Tbs 'line alas operates .service be weest-Neer Tork sad those ports. . HannoaUiee -'is "A vnT screw steamer of 1,221 tons net. It was" built in Newcastle, England, tn 1891 and waa formerly Woollomoolo. It baa seven water-tight compartments and Is of tbs fol lowing dimensions: Length, 1C0 feet; breadth, 44.4 feet, and depth, tt.t feet. HELP. FOR SUGAR INDUSTRY Iaterveatlea at Eaglaad le Saght by Jamaica Avert Col lapse. KINGSTON. Jamaica, March (.The leg islature today adopted a resolution request ing the British government to take steps to avert a further collapse of the Jamaican sugar Industry pending the operation of the bounties expenditures. Sir Alfred Jones, president of the Liver pool Chamber of Commerce, who baa been visiting Jamaica, before sailing for borne announced that a plan la being considered to make Jamaica a big coaling station. Papa Receives Costly Gifts. ROME, March A. The pope today ' re ceived a number of extraordinary missions sent to congratulate him on bis Jubilee. They brought costly gifts and autograph letters from ths heads of the statea they represented. Emperor William sent a porce lain. Hia holiness. In thanking the German envoy, referred to the friendship existing between Germany and tbe Vatican and ssld be congratulated himself on the good re lations existing between Emperor William and bis Catholic subjects. Klaaj Eawajrsl Holds feevoo. LONDON, March (.The second levee held by King Edward since hia secession to ths throns occurred at St. James' palace today. It wss not so largely attended aa the first of the king's levees, but It was surrounded by the name elaborate eeremonlala. A dense fog marred the function from s spec tacular point of view, both withla and without the palace. No Americans were presented, but the members of ths United States embassy attended the ceremony. aarar Iatarests Wast Bearlaa;. BERLIN, March (.Ths directors of tbs sugar manufacturers' union, representing (00 agricultural districts and the allied In dustries, at a meeting today drafted a pe tition to the government requesting that final legialative steps as a result of the Brussels sugar agreement be not taken un til tbe sugar interests have aa opportunity of presenting a full statement of their claims. Gerau BERLIN. a Daly aa Potatoes. March (.Ths tariff commit tee of the Reichstag today passed clauses II to 2 of the proposed tariff bill, aa pro posed by the government bill. It was pro posed to Impose a duty of t marks on po tatoes from ths middle of February to the end of July. Potatoes will be free of duty during the reet of the year. i Heavy Laae for Reacts. MERIDA. Tacaian, March (.An engage ment of federal troops snd tbe still warlike Mayas, commanded by Chief Leon, fcs re ported In which the rebels lost eighty killed and ISO wounded. Tbe encounter took place oa the road to Guatemala near Santa Crua. Coaalder Ceeslea, Treaty. COPENHAGEN. March (.Tbe Folks thing was la executive sessloa today to coaaldsr the ratification of the bill provid ing for the sale of the Danish West ladles to the United States. Irtsk Delegates Call aa PreslAeat. WASHINGTON. March (.William Red mond aad Joseph Devlin, members of the British Parliament from Ireland, called at tbe White houae today to pay their respects to Pre ideal Roosevelt. OPEN PATRICICSjlDE OF CASE Caaasel's Matlsa frfc Aeaalttat Dcaled aa Trial . Proceeds, Is NEW TORK, March S The defenss opened today In tbe trial of Alhert T. Pat rick, who la accused of tie murder of W. M. Rice. Recorder Colt d . lined to grant requests made by the d"(De to strike from the records the testimony of Dr. Witt baus, ths chemist, snd to compel ;the dis trict attorney ts Indicate tinder which of the ten counts of the Indictment, sgainst Pstrlck be asked a toovl.-tkin, Counsel for Patrick ked the recorder to direct the Jury to acquit tbe defendant on the ground that the evidence was Insuffi cient to warrant a eonvirtion. that there was no evidence npon which the Jury could base conviction, that the people bad failed to prove the defendant guilty of crime, that ao real evidence hud been presented of a conspiracy between Patrick and Jones to kill Mr. Rice, that no evidence except the statement of Jones bed been given as to a conspiracy to kill Mr. Rice, .hat ths only svldenco of sny conspiracy was the evi dence of the co-consplrator Jnnea and no svidenos bad been submitted to . support the allegations of the IniU-tiaent. .. The motion was denied, sad Mr. House of the counsel for the defeats began bis opening address. .... On ths conclusion of Mr. Houttes address the first witness called tor the defense waa Dr. Walker Curry, who whs Rlue's physi cian. On April 10 be examined Rice thor oughly and treated him ronttnously from that time until bis de&tlt. ta September, 1900. The first examination showed that Mr. Rice bad a weak heart and hia feet and legs were in a dropsical condition. On Sep tember 16 Rice was made very uncomforta ble by eating nine banana. His hear was very weak at that time. Oa KepUuuber 32 Rice waa worse. "I told Jones," the witter said, "that If tbe worst hsppens that he must not be sur prised.. The next day there was something wrong with bis bresthlng. It seemed o re quire an effort." . ' -s ' ' The witness' next visit was after' Rice's death. He found the pui lis of the" eyes normal and the features quite calnu "There was no sign of any stmprle," "Said Dr. Curry,, "only what you would expect In a man of that age dying qnlatly." The doctor aald be would,' be able to de tect chloroform for five hours after It had been administered. He detected no evi dence of chloroform when ' he examined Rice's body. There was no such evidence, be aald. He never found any signs of oxalic acid or mercullal poisoning in Ripe. Dr. Curry denied .that anything waa aald to him about $500 aa a fee, or that Patrick bad offered him $1,000 out of tbe'.' estate. DROPS THE OMAHA COMMITTEE Western) Pretajht Associativa TJls solves Small Orgraalsatlaas (ta " c-'.Ptwveat paellas;. ..,.'. CHICAGO. March C A 'numbei of the smalt subcommittee of the JVestsrn Freight association were dissolved tssday,by the offi- diction over tbe details of the alleged pool ing arrangement that prevailed among ths western lines. Supervision of sll subcom mittees was under J. W. Rlstine, whose office has been la Chicago. The dissolution of the subcommittees will not affect the large organisation, the Western Freight association. It is said that tbs smaller committee was abandoned in order to 'wipe out any semblance of pools, which are Just now receiving considerable attention from the Interstate Commerce commission. So far the roads east of Chisago have shown no signs of dissolv ing their organization known as tbe Cen tral Passenger association. The commis sion ts confining Its efforts to the differ ent freight organisations. SANDERS PAYS DEATH PENALTY Xegrs Ma Merer of Road Overseer Hallea ta Alakassa la Haascd. . MARION, Ala., March (.Luke Sanders was hanged here today for the murder of Road Overseer Mailing last April. Tbe ex ecution took place In the Jail corridor and waa witnessed only by the guards, forty tn number. On April 18. 1899, Luke Sanders snd bis brother were members of a gang of negroes working under ths superintendence of Mul 11ns, ths murdered man. Some words arose between Mulllns and one of tbe Bandera, and ths next dsy the brothers cams to their work armed. Another difficulty arose be tween Tom Sanders snd Mullina and a fight ensued, in which shots were exchanged, the negro being wounded. The other Sandera, Luke, then drew his revolver and emptied tts contents Into ths body of Mulllns. After the murder there were vague rumors of lynchlnga, but none took place. Senders fled to Arkanaaa. He was captured, how ever, snd brought to Perry county, wbers bs wss banged today. MONEY MARKET UNDISTURBED Browa Bros. Make Paxlttre Stateaaeat HeararaJaar Gold for Parehase . at Street Hallways. NEW TORK. March (.A member or tbe firm of Browa Bros. Co. said today that the payments for the purchaae of th4 street railways la Saa Francisco would bo mads without disturbance In the local money market and that so far as ha knew st pres ent not a dollar would be shipped from here. He said thst ths firm had been col lecting Saa Francisco exchange for some time and bad practically completed ar rangements for about all that would be needed. The sum of t5.000.OOS was arranged for on Tuesday and the baU'nco of $15,000. 000 would be paid by March 20. Half of the total amount will bo paid to stock holders bars, according to Browa Bros, a; Co. ILLINOIS SELECTS THE SITE World's Pair Caaaaalaaloa JPiek Laea. tloa la Llao with. Mlssoarl aa Texaa at St. Loals. ST. LOUIS, March (.President H. M. Dunlap and the members of the Illinois world's fslr commUaioa arrived la St. Louis today. After a consultation with Di rector of Works Isaac 8. Taylor they via tted the fair sits1 for tbe purpose of pick ing out a locatioa for the Illinois stake building. ' The Illlnola building ta to be on a direct line with thoae of Missouri and Teaas and will occupy the second position of Importance among the state buildings. The West Virginia commlaaloa will ar rive in 81. Louis some time this afternoon aad the Kansas repreasntaUvea ars due bars tomorrow coralng. cars of the roads members M tbe auxiliary i brtanlsatlopiTbe -orva.HwUS.' -re ( saa ; VJily ntf Waer presumed to Have juris- I IS INTEREST MONEY HIS OWN Claim of Ifeserrs In Motion to Yerdict of AoqnittaL Direct RAISES TECHNICALITY TO AVOID TRIAL Lawyer Argaei that' State le Rat nana aged Whea laterest aa Its Meaey Goes "o Prl 1,hi.i - ilj A Jury was secured for the trial of John B. Meeerve at 1 o'clock yesterday afternoon, but, there was no Immediate use for it, aa tbe. attorneys commenced arguing s point of law, shortly thereafter, and have so much to say that It will require until at least noon today. The Jury waa ex cused until 1 p. m., and there Is no certainty that the court will be ready for It even then, as C. J. Smyth, who talked from 4 o'clock until 5 o'clock yesterday, states that bs will want at least an hour's more time this morning and after that the others will have a chance. Who the Jarora Are. The jury thst was excused bad been se cured after about four hours' work result ing ia eleven peremptory challenges and two dismissals for cause. As finally made up It Includes Samuel Green, 2959 Poppleton avenue; H. C. Straight, S808 North Twenty-second, street car conductor; Paul C. Stein, 808 South Twenty-third, street car conductor; Aberham Singer, 1249 South Fourteenth, peddler; J. H. Gue, (15 North Seventeenth, real estate; Thomas Lawless, 1812 Cuming, laborer; H. P. Hansen, 1623 Howard, saloonkeeper; H. A. Marsh, 2613 Davenport, laborer; R. B. Rhodea (colored), 2912 Seward, aecondhand dealer; John Pet erson, 3704 South Seventeenth, feed store; 8. C. Burllngim, 81 South Twenty-second, clerk; Joseph Kramlich, 1711 P. South Omaha, cigar maker. After ths Jury was secured Attorney Gen eral Prout stated what the stats proposed to show, going over tbs ground ss Reported in Ths Bee when the trial waa first com menced February 20. Attorney Ed P. Smith, for the defence, said that he proposed to show that Meserve had accounted to the state for every penny which belonged to the state. First Qacstloa ts the SlsraaJ. The first witness was then called In the person of John C French, assistant cash ier of tbe Union Stock Yards National Bank of South Omaha, but Immediately upon hia being asked the first question by the county attorney. Attorney Smyth objected to It as Immaterial and this precipitated the argument of the point of law. The at torneys for both sides said that the point would have to be settled sooner or later anyhow and that It might be well to have It out of the way at once, for if the court should sustain Smyth, be himself contended. It would, bring tbe trial to sn Immediate end and save the county tbe expense of a prolonged bearing. The court accordingly dismissed he Jury and tbe battle cf ths attorneys began.' , . Allcares aa OsTeasc. ;V ?5-',.'Meiwrvo seek .to haveTrdge tkm., ,7Xf criminal c"ou.-t direct the Jury to acquit the defendant ' on the ground that be has committed ao. of fense against the laws of the state of Ne braska, declaring In explanation of this contention that the $3,000 interest on $60,000 of permanent school funds, which Interest he is slleged to havs embexxled, waa hia own money snd not tbs state'a. They prao ttcally affirm that Meserve deposited the funds in the . bank because there was at that time no authorised plscs to Invest it and no secure safe to keep It in, and that it Is none of the state's business if ths bank did pay interest to Meserve while it waa on deposit The argument of Attorney Smyth Is in part aa follows: we, oc course, oeny, ana si ways snail, that Mr. Meserve ever received a cent of money belonalna to the stste. either interest or otherwise, for which be has not fully accounted to tne state. Treasarer a Trastcc. Popularly It ts believed that the state treasurer is a trustee, and, consequently ia subject to the rule of equity governing trustees. But this is a very erroneous no tion. While It is true that the treasurer has some of the elements of a trustee, be Is in his character more analogous to that of a debtor. The rulea of equity which create trustees and govern them have ab solutely nothing to do with the powers and dullea or a treasurer. tie is purely a creature of the constitution and the stat utes. Equity not only permits, but com mands a trustee to deposit his funds, and if he uses reasonable car in the selection of the depository or In the handling of the funds and they are, notwithstanding, lost, be is not accountable. How different it la with a treasurer. He is forbidden to deposit the permanent school fund, snd though he use in the con servation of it the greatest care, yet if be lose it he la responsible to the state he is responsible even if tbe money is stolen from him. "The fact." said the supreme court of this state, in the case of State against Sheldon, In 1k. "that the public funda have been stolen from the treasury Is no legal justification for the failure of the treasurer to account for them." For more than twenty years this has been ths law of tbe state, and la ths isw today, as is shown by tha very recent case of Hall county against former Treasurer Thom son. Mrservo Techateally Gatlty. Mr. Meserve's liability, therefore, ia to be measured by the constitution and the statutes and not by ths rules of equity. Tbe constitution, aa interpreted by the aupereme court, forbid him to deposit per manent school funds In any bank, depos itory or otherwise. When, therefore, be deposited the $j0,uu0 of permanent school funds referred to In the Indictment, he was technically guilty of embezzlement, but the state suffered nothing thereby, fur he, at the proper time, accounted for every cent of that sum. Could Meserve have avoided this tech nical offense? No; emphatically, no. He waa given too. CM) to care for. None of tbe securities which tbe constitution permitted the money to be invested in was available; tbe state placed at his disposal a little 2x4 safe in which to place the money, but a madman would not have left tou.uuO, or a tenth thereof, in such a safe over night. If it were known that an incoming treas urer even dreamed of such a fool act no individual or bond company would touch his bond; be could not qualify and the state would be left without a treasurer. There was, therefore, but one rational thing for him to do and that waa to place the money in a first-class bank, where it would be subject to call at any moment. This he did. but it waa nevertheless a technical embezzlement. What Might Be Do a a. In case of embezzlement, or conversion, which in this case Is but another naras for the same thing, ths euprema court baa said that the owner of money may pursue sne of two remedies, but cannot pursua both he may sue for dajnagea and recover, sa damages, a sura equal to tbe amount converted with Interest at T per cent, or hs may pursue the money taken and recover it with Interest at 7 per cent. Neither remedy waa available to the state in thla case, for the money was at ail times sub ject to tbe states demand, waa returned tbe moment the stats needed it and the state lost nothing by Its deposit. Assuming, without conceding that. Me serve deposited the t-jO.mO of permanent school fund on the agreement that he was to receive for bis own use per cent interest, the state would have no title to such interest. The contract waa made without authority of the state and In dls obfdlenro of its command. Tbe state could, therefore, claim nothing through It without Orst approving it, but It could not approve It, for tbe constitution forbids It (Continued oa Second Page.) CONDITION OFJTHE WEATHER Forecast for Nebraska Cloudy Friday, lTobably Haln or Snow: Colder In South west Portion. Saturday Fair, Colder; East Winds, Becoming Variable. Teaaaeratare at Oaaaha Yesterday! Hoar. lies. Hoar. Pes. Ba-sn H l p. na...... 4 "a.ta H a p. as 4A T a. na ..... . sn S a. ..... fit a- s 4 4 p. as Ml a. sa 4.1 S p. sa 61 to a. . 4(1 A p. as 4 11 a. an 4T T p. ta 4l IS sa 4tt H p. aa 44 p. ia. . j . . . 4 CATTLE GROWERS ADJOURN Cearlode by Elerllasr Officers, Kaaalaaj Bartlett Rlckards ef Kllswortk Plrst Vlee Prcsldeat. DENVER, March (.The American Cat tle Growers' convention today adopted res olutions advocating ths enactment, with some amendments, of the bill now before congress which provides for the lesslng of publio lands for grazing purposes. At the afternoon session thess officers were elected: President. F. C. Luce, California; first vice president. Bartlett Richards, Ells worth, Neb.; second vice president, M. K. Parsons, Salt Lake City; treasurer, 8. G. GUI, Denver; secretary, H. W. Robinson, Denver. An executive committee waa named. In cluding Bartlett Richards and Hugh Chtv ick of Nebraaka and F. M. Stewart and O. E. Lemon of South Dakota. Resolutions were adopted asking President Roosevelt to suspend tbe work of removing fences from ths public domain until action on tbe leasing bill Is taken. Tbe convention de clined to adopt resolutions regarding the oleomargarine bill snd ths Grosvenor anti shoddy bill. The convention adjourned sine die. HANNA HEAD 0FJ3IG COMPANY Ta Become Presldeat of Coasolldated Street Railway Coaeern la Clevelaad. CLEVELAND, March (.The Plain Dealer aays: Terms have been agreed npon for the consolidation of tbe Cleveland Elec tric Railway company and Cleveland City Railway company, the two roads to be un der tbe presidency of Senator M. A. Hanna. Ths consolidated . company will tncluds every railway In the city. The plan also includes projected Improvements of sn sx tensive nature. t In ss quiet s manner as possible the consent of all stockholders of both the Cleveland Electrlo company and the Cleve land City Railway company has been ob tained tbe agreement drawn up. Stock to the value of $21,600,000 ts In volved, of which $13,000,000 represents tbs Cleveland Electric company and $8,600,000 the stock of ths Cleveland Railway com pany. LITTLE HOPE FOR STATEHOOD Issprcssloa Prevails . laesg Iadtaa , Territory Deleaatee tkat Tkclr V -''.?' Bill win Pali. ARDMORE, I. T., March (.Tbs klngls statehood delegation from the Indian Terri tory returned from Washington today with little hope for single statehood during this session of congress. The following sddress to the people of the territory from Delegate Bradford was issued today: I have not abandoned single statehood, but to the contrary I insist that no state hood bill for Oklahoma can be passed that does not in some way provide for making Indian Territory a part of it, either as a state or a territory. In my opinion no statehood legislation will pass this con gress. I am of the opinion that a bill for temporary territorial government for the Indian Territory will pass. It must be a measure offering no resistance to single statenooa in me iuture. The delegation is of the opinion that Delegate Flynn's bill providing for Okla boma statehood cannot pass. FOUND DYINGJN BATHROOM Prosalaeat Jeweler Saeeaaabs to Mys terloas Iajarlca Received1 While la Hoiel. CHICAGO, March (.After spending twenty-four hours In tbs Great Northern bathhouse, J. R. Davidson, western mana ger for the Philadelphia Watch and Case company and prominent In Chicago jewelry trade circles, was found unconscious by at tendants in the place. Davidson was re moved to St. Luke's hospital, where be died without making a statement. A post-mortem examination revealed a serious fracture of the skull. Even the frontal lobes of tbe brain bad been affected and tt was made clear that Davidson died from the effects of a severe blow. NOTED WEDDINGJN NEW YORK Mrs. May Lester Aranoar, Widow of Chleaarc Packer, Married ta P. A. Taleatlae. NEW TORK. March (.Mrs. May Lester Armour, widow of Philip D. Armour, jr., of Chicago, was marrle-I tonight to P. A. Valentine, also of Chicago, st the Hotel Netherlands. Very few persons outslds of ths lmms dlate tardily of tbe bride and of Mr. Vat entlne witnessed tbe ceremony, wbicb was performed by Rev. Dr. E. M Stlres of St. Thomas' church. Mr. snd Mrs. Valentine will salt for Eu rops oa Saturday for a six weeks' trip oa ths continent. BIG GRAIN ELEVATOR DEAL I.lae la Soath Dakota, Iowa, aad Nebraska Ckaages Heads. MINNEAPOLIS, March (.It U reported the National Elevator company (Van Dusen, Harrington A Co.), has purchased from the St. Paul A Kansas City Elevator-company a line of thirty-six grain elevators located between Sioux Falls sod Yankton, 8. D., Garret son and 8ioux City, la., and between Jackson and O'Neill, Neb. The purchase price Is not nsmed. Mavcaacats of Ueeaa Veascls, March 8. At New - Tork Arrived Dresden, from Bremen; Majestic, from Liverpool. Balled Bo vie, for Liverpool; La brotagne. for Havre. At Movllle Arrived Pretoria, from St John, N. B.. and Halifax, for Liverpool. At Liverpool Arrived Teutonic, from New. Tork. At Antwerp Arrived Nederland, from Philadelphia. At Nait-s Arrived Kaiserln Maria Theresa, from New Yort, for Uenoa. At Boulogne Sailed Phoenicia, from Hamburg, for New York. At QjMnstown Sailed Germanic, for New Y'ork; Waoaland. for Philadelphia, both from Liverpool. At Hong Kong Arrived Victoria, from Tacoma, via Yokohama. Kt Rotterdam oallrd Maasdam. fur New Wk. via lioulogne bur Her. HONORS OF HARVARD Prince Henry is Giren ths Degree of Doctor of Laws, CONGRATULATED BY EMPEROR WILLIAM Distinguished Visitor Pays Bespecti ta fiistono Cambridge. BOSTON ENTERTAINS NATION'S GUEST Governor Crane and Mayor Collins Extend Welcomes. CITY PLACED AT DISPOSAL OF PRINCE Fraaa Saowkoaad Hew Englaad "yal Toarlst Will Retrace Itla-r ta New York aad Visit West relax. BOSTON. March (.Prince Henr f Pruisla was the guest of Boston today and his welcome to the elty was a cordis I one. Governor Wlnthron Murrsr Cran .nt Mayor Collins, acting for the state and ths city, extended the official courtesies to him snd when the prince ceremonious! h. turned their calls he went to Cambridge to uetiver tne girts or his brother, ths kslser, to tbe Germanic museum and ts receive rrom Harvard tbe honorary dears of dos. tor of laws. Prince Henry's first act at tha union. shorUy after be received tbe degree, waa to propose and lead three cheers for rresiaeni Roosevelt, who is a vi. ...., alumnus. The prince received a nhiA.r.m from the emperot congratulating him oa bis urfen nonor. . Tonight the prince was riven a dinner the city of Boston snd sat at a table with more than 200 of tbe repreaentaUve citi zens of the commonwealth. Visits West Pol at Today He will resume bis lournav earl in Sa morning snd tomorrow he will visit Albany and the United States military academy at Went Point, enroute to New York, which hs wui reacn Friday evening. Bright sunlight favored the dav anil h streets fcnd avenues were thronged. Ths special train which carried the prince was not aeiayea or nood or storm dnA the time planned for It by tbe railroad men. It halted for a few minutes at Spring field, but not at Worcester. . I Boston waa reached at 9:55 o'clock and aa soon as the special baited in South station' Mayor Collins and a deles-atlna r tt clals boarded the train and wer Introduced to Ihe prince by Ambassador voa Holleben. mere wss an exchange of greetlnga and tbe prince, hia staff and memhan f ih. American escort were shown to carrlsges awaiting at ins ariveway of tbe depot Es- , corted by cavalrymen and naval militiamen the party waa driven to Hotel Somerset. The people were packed tn behind tbs po lios tinea and svery building was crowded.' Flags and streamers bung over tbe beads of tbe tbouaands. ;, . ?' v : ' i - y " Battery Ulvea Itoyal Saint. Ths prince wore bis naval uniform and acknowledged ths greetings with his char acterlatlc salute. When tbe carriage reached the Common a battery sounded a royal salute. ' At the Somerset ths prince, surrounded by bis staff in full uniform, received Gov ernor Crane, who came with an squally brilliant staff, and when the call waa ended the prince started st once for tbs state houss to return the courtesy. There was another demonstration on that Journey. After be bad paid bis respects to Governor Crsne be entered the house of representatives, where the legislature was In session, snd was presented front the forum by President Souls of the senate. Leaving the chamber he was sbowa ths battle flags carried by the regiments of the state In the civil war. After that bs re entered bis carriage and was driven to the public library, where hs returned tbs call of Mayor Collins. Meets Gernaaa ' Veteran a. Thirty-live veterans who fought with bis grandfather In the Franco-Prussian war were presented at the library aad ths prince shook bands with them all and asksd them questions. Ths ceremony st the library ovsr tbs prince returned to ths Somerset, and after a short wait there started for Cambridge. Mayor McName gave him the freedom of tbe city of Cambridge and tbs school chil dren sang for blm at ths city ball. At tbs university be was first taken to Memorial ball, where be met tbe corpora tion of tbe college, and then to Sanders' theater, where the degree was conferred. President Eliot, who appeared In ths scholar's gown, addressed the prince as fol lows: This occasion la unique. Twice In the history of the university has a special academio session been held to do honor to the president of the United States making a progress through the country, but never before has this democratic university been, called together on purpose to do honor to a foreign prince. Weighty reasons must have determined such unprecedented ac tion on the part of this society of scholara. These are the reaaons: Our students of history know the Teutonic eouroes. la tha dim past, of many institutions and publto customa which have been transmitted through England to this New Lngland. Puritan origin of the university makes us bold In grateful remembrance the heroes of Protestantism. Luther. Melancthon. Kraamua end their klndrad spirits and tbo Uerman princes who upheld that precious cause thrtugh long years of oonf used ' alarms and cruel arfare. The Puritan government of Massachusetts Watched anxiously tbe vlcisalludee of the thirty-year war and waa In the habit of ordering pub llo thanksgiving to God for "good news from Germany," In watching the social and ethnological phenomenon of our own times we have seen that the largest contribution which a European people mads in the nineteenth century to population of the United Statee came from Germany and that the German quota was not only toe most numurous but the bebt educated. As university men we feat the Immense woiaht of obligation under which America, rests to the technical schools and universi ties of the Gerraaa fatherland. From them thousands of eager American students hav drawn instruction and Inspiration and taken example. At this moment hundreda of American teachers, who call some Ger man uiuveralty their foster mother, are at work In schools, college and universities all the way from this Icy seacoaet to th hot Philippines. Our moo of letters and scleno know well the unparalleled contributions Germany has made alnce the middle of the nine teenth century to pare knowledge and also to scienc applied In ths new arts and new Industries which within fifty years have so marveloualy confirmed th relations of "i-n to nature. Relate at Gersaaat V'alty, Our whole people Lav th profoundeet sympathy with th unification of Germany . W ail believe In a great union of fed erated eta lea, bound together by a common language, by unrestricted mutual trade, by common currency, mails, means of com munication, courts ol Rustic: and Institu tions of credit and finaoo and inspired by a passional patriotism. 0uii ts the ven erable Ajnertcao uuloo. Such to young German emjar. W gladly welcome hers today a worthy repreaentaUve of German greatness, worthy In su Uvn, professloa aju4 cUaracter. We ; 4