Omaha daily bee. (Omaha [Neb.]) 187?-1922, March 07, 1902, Image 1

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    Omaha Daily Bee.
7, 1902 TEN PAGES.
Question of Wgtf the Essence of Ship
Subsidy Proposition.
Bases Flea for Subsidy on Cost of Produo
tion and Maintenance.
,?",, ' Merchant Marine Essential to an
Vv, x Tlffioient Bstt.
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
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
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
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.)
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
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,
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.
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.
Five Kekraaka Meat Praed ta tea
WASHINGTON. March (. Ths president
today aent the following nominations to ths
Navy Commanders, William A. Marshall
and Luclaa Young; captain. Henry B.
Iowa F. K. Turner, Avoca; John Bird,
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,
Montana George W. Irving, Butte; Ada
M, Bennett. MUes City.
American Vessel is Sack by British
Ocean Liner.
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
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.
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
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.
Caaasel's Matlsa frfc Aeaalttat
Dcaled aa Trial .
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.
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.
Xegrs Ma Merer of Road Overseer
Hallea ta Alakassa la
. 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
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.
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;
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
Claim of Ifeserrs In Motion to
Yerdict of AoqnittaL
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.)
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
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,
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.
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
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.
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.
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
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.
I.lae la Soath Dakota, Iowa, aad
Nebraska Ckaages
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
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
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.
Prince Henry is Giren ths Degree of
Doctor of Laws,
Distinguished Visitor Pays Bespecti ta
fiistono Cambridge.
Governor Crane and Mayor Collins Extend
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
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