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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (March 12, 1902)
ESTABLISHED JUfE 19, 1871.
OMAHA, WEDNESDAY MOltNINO, MA11CII 12, 1902-TEN PAGES.
SINGLE COPY FIVE CENTS.
PRINCE GOES HOME
Eaili from New York for Germany
AMERICA BIDS HIM A CORDIAL FAREWELL
Ration's Bepregentatlvea Beluotantly Say
Goodbya to Eoyal Yiaitor.
LAST DAY ONE OF CONTINUOUS OVATIONS
Hen High in Affair, of Nation Fay Elo
' quent Tributes of Beapect
PRINCE REGRETS TO LEAVE UNITED STATES
l&spresaea Deepest Appreelatloa of
atearty aa Eathaslastte Reeeptloa
aad Wtaaee for Another
tnEW YORK. March 1L. Prince Henry of
I'm is la called for Germany o board the
llamburg-Amsrican liner D- x "and. Hia
last day In America wu "v rely on
board Deutschland, but w wa 'i filled
with pleasing Incidents, f
The prince breakfasted earty,' ., ti. -ut
10 o'clock began t receive oiaclal
Malta. Including representatives of GeV,
In this country, and thoss of the lA
Btatea government. Mayor Low of N.
Tork alto waa a taller and the prince ft
bidding him farewell rare a hint that he
had aome intention of returning to America
for a aecond vlalt. The prince in replying
to the mayor's expreaalon aald:
"I thank the citlxens of New Tork for
all their klndneaa to me, which t appreciate
deeply. If I ahould return to America, I
should feel when I reached New Tork that
I waa once more at home." .
.. The members of the part that accom
panied the prince on his tour were hla
guests at luncheon. Covers were laid for
twenty-elf ht persona In the dining room of
the steamship and mualo waa furnlahed
from the band of Hohensollern.
Admires American! Ba(y.
At the close of the luncheon, when It
came time to say good by, the prince, tak
ing a ross from the table, said: "Thla la
the badge of that which I hare been ad
miring during my entire trip to the United
States, American Beauty."
He placed the flower In his buttonhole and
each guest followed his example. Admiral
Evans, taking the prince by the hand, said:
I have only this to say to Prince Henry
and ray brothers of the German nary: We
are glad you came and sorry you are going,
and nope you will come again. It glvea roe
5 rest pleasure as the representative of the
.merlcan navy to seise the hand of friend
ship you have so kindly extended across
the Atlantic .
Major Oeneral Oorbln said: "We hate
all snjoyed the trip, and the memory of
It will abide Imi forever."
Assistant Secretary Hill said: ' "The
memory of your visit will always be In
our hearts and the hearts of the American
people." ,; , ( .
Con. pan r Is Photographed.
. immediately after the. luncheon, at the
prince's Invitation, the' party want to -the
commander's bridge of Deutschland and waa
Then the real leavetaklng began. The
final farewells were said by members of
the German embassy, A tsaturs of tha
forenoon was the call of the committee of
forty New Tork letter carriers, represent
ing the New Tork branch of the National
Letter Carriers' association. They came to
present the prince with a bronse tablet in
commemoration of the martyred presidents,
Lincoln, Garfield and McKlnley.
The letter carriers failed to see the
prince snd were received by Admiral von
Seckendorf In his behalf. In thanking them
the admiral said his royal highness In re
turn for the present would send the New
Tork Letter Carriers' association his por
trait, with autograph, to hang on the walla
bf their rooms.
Germaas Bias; for Prlaee.
Bortly before Deutschland sailed the
United Blnging societies of Hudson county,
New Jersey, appeared on the deck of Prin
cess Louise, which lay alongside Deutsch
land, and sang a number of selections.
Prince Henry appeared on the bridge of
Deutschland with Captain Albert and
bowed his acknowledgments repeatedly.
lYVhen the ahlp sailed all approaches snd
the pier house were crowded. The first
cabin section of Deutschland was packed
all tha afternoon with passengers and their
frlsnds and in many cases women bad to
bo rescued from the crush to see the
Deutschland sailed at t:iS p. m. As it
moved away from the pier the cheering
was continuous. The prince appeared on
the bridge and bowed. All down North
liver the pausing tugs and craft of every
deacrlptlon gave the great liner and Its
distinguished pasaenger a noisy sendolf. At
the Battery, which waa reached at 4 o'clock,
a great crowd had gathered and cheered
the prince as ths vessel passed.
elates Are Fired.
Deutschland reached the Narrows at 4:15.
Forts Wadsworth and Hamilton fired
salutes, which were answered by Deutaoh
land's whistle and the garrison at fort
.Wadsworth lined up on the bluff until the
steamer passed out into the lower bay.
Deutschland is due at Hamburg Monday
next. The prince's apartments on ths ves-
sel Include the captain's cabin and three
other adjoining rooms, especially connected
and prepared for the use of hla royal high'
The social hall on Deutschland was beau
tifully decorated with flowers and there
waa a profusion of fa xn In the prince's
suite of rooms. The company had also
tastefully decorated the pier.
Hohecsollern started on Its trip st 4:23
this aUernoon. A crowd watched its ds
parture and cheers were answered by ths
whistle of Hohensollern.
Borne time before the time for sailing
ths Ulcere and crew of Hohensollern held
a levee, bidding farewell to their friends.
Hohensollern la under ordera to sail for
Bermuda, where It makea its first stop.
President aaal Prime Bead Ureetlans,
' WASHINGTON. March 11. The following
exchanges took placo today between Prinoe
Henry of Prussia, who aatled for Europe
on Deutschland, and President Roosevelt:
c.wvn.., -, Hum 1 1 . J M V rw
' dent of the t'nlted Stales: On this day of
my at-pari u re i ig to inana you person
ally, as well aa the nation whoa guest I
nave oeen. mr an in. ainanesa. considers,
tlun and good fecllna I have met with dur
ing my vlilt to your Interesting oountrv.
I hope that my visit will have Increased
the feeling- or fii.nu.mp between the court
trv I represent and the I'nlted hla tea. hid
dine- you farewell, let me wish you every
possible success, ana pray renumDer ate lo
aire. Kooaewlt and Vilas Roosevelt, who
so charmingly ana wtin so mum pluck.,
eocomultshed her task when launching his
suajMiy's yacht. Meteor. Unoe more, wit
ICouUnueol on Second Page-
ROSEBERY SEES BETTER DAY
Takes Iheerfel View of Fntare, De
spite Reversal t'aeaed by
LONDON, Msrch 11. Expressions of
stesdfsatness have today succeeded those
of humiliation which were universally
heard here today on the publication of the
pews of General Methuen's disaster. There
Is little disposition to minimise the In
cident, but everywhere Is heard the de
termination to maintain the tradition that
blows serve to strengthen and stiffen British
Lord Rosebery struck the populsr note
today In a speech before . the Glasgow
students. He admitted that It was heart
breaking after all the expenditure of life,
time and money, but, he added:
"It will not dishearten us. We hava got
to see this thing through. Ws must take
the blows which fortune deals us with
equanimity, showing ourselves worthy of
Lord Roseberry expressed the hope thst
more piosperous times were In store, and
that in the future "It would be our proud
memory that when our ' country passed
through the storm ws did not for a minute
flinch and were not for a moment dis
mayed." Reports from the continent that the de
feat of General Methuen was followed by
another fight, also favorable to the Boers,
occasioned aome anxiety, owing to the ab
aence' of news from General Gtrenfell's
column of 1,800 men, which left Klerks
1orp to Join General Methuen. It Is thought
at, possibly, General Delarey may havs
' eked Grenfell.
war secretary, Mr. Broderlck, when
ei. in the House of Commons, today
What steps had been taken. In view of ths
success of tho Boers against General Me
thuen, to send Lord Kitchener reinforce
ments, ssid 6,000 yeomanry would-be Im
mediately embarked with large drafts of
cavalry and infantry. Lord Kitchener would
bo given all the assistance he asked for.
BERLIN, March 11. In the Prussian
Diet today the foreign secretary. Baron
von Rlchthoff, after reading the answer of
the British government permitting the de
livery of German charitable gifts to the
Boers in the South African concentration
camps, tinder ths survelllaacs of the camp
authorities, declared that the reply guaran
teed a Just distribution, and said: "Ths
English and German natlona are connected
by ties of blood, raoe and friendship. They
are cousins and you will find them aids by
side. Methuen deserves our complete
sympathy. Aa the military attache to the
British embassy in Berlin he enjoyed the
friendship of Emperors Wllllsm and Fred
erick." LADY SYKES FACES JUDGE
Royal Descendaat Pleads Illness Wks
Arralaraed oa Char are of
LONDON. March 11. Lady Christiana
Sykes. whose domestio difficulties hava
caused notorieties, was arrested on the
Strand last night, on the charge of being
drunk and incapable of taking care of her
self. She was arraigned at tha Bow street
police court this morning, but her lady.
ship laughingly pleaded Illness and the
magistrate released her with a warning' not
to corns befors him again.
Lady Christiana (Jessica) Sykes is about
4( years of ags, and a daughter of the late
RC Hon. George Augua Cavendlsh-Bentlnck,
and a relative of the duke of Portland. She
was married in 187S to Sir Tatton Sykes, a
wealthy sporting Torkshtre baronet.
twenty-nine years her senior. Her ladyship
beoame prominent on the turf and on the
Stock exchange. Early in December, 1896,
her ' husband advertised that he could no
longer be responsible for her debts. Since
that time Lady Sykes has been several
times In court on charges of financial Ir
regularities. Last year she and Sir Tatton
agreed to a friendly separation, her lady
ship being glvea a yearly allowance of
ORDERS BANDITS PUNISHED
Imperial Chlneee Kdlct Seada Troopa
to Aveane Marder of Bel
grlaa Priest. -
PEKJN, March 11. An Imperial edict
Just issued commands General Ma to pro
ceed to Jehol, about 800 miles northeast of
Pekln, and personally supervise ths punish
ment of ths bandits whb recently murdered
a Belgian priest. Ths Russian troops were
sent across ths border to avenge the mur
der on the theory that the Chlness wers
unable to repress the actions of ths bandits,
which menaced the Ruaslans, and the gov
ernment Is anxious to remove all axcuse for
the presence of Russian troops In thst part
of China. The Ruaslans are la the district
east of Jehol, but the Chinese government
statement that they were In Jehol probably
was made for the purpose of influencing
other governments to take notice of the in
vasion of Chinese territory.
The court has sent an envoy to north
westers Russia, where Russian agents ars
fomenting troubls in conjunction With Gen
eral Tung Fu Sing.
ONLY ISSUE TREATY OF PEACE
Preach. Frees Advises Baa-laa It la
Impassible te Bsterselaate
PARIS, March 11. The disaster to Oen
eral Methuen's column has caused a deep
Impression in Paris. The newspapers ex
press the opinion that It will have a great
moral affect In encouraging the Boers ts
more obstinate resistance. At the same
time the papers do not speak too harshly of
General Methuen, owing to his generous
conduct In the General Vlllebola-Mareull
The Temps ssks: "Will Englsnd end
the trouble by realising that it la impos
sible to exterminate the Boers and that ths
only Issue is negotiations for a treaty of
peace acceptable to both sides T"
Ths Journal Des Debats. alluding to ths
demonstration of the Irish members in ths
Houss of Commons yesterday says: "The
double and grave problem which England
has to face could not rise up before her lo
a more menacing and mortifying manner
than at the preeent moment."
VOTES FOR THE DANISH SALE
PolkethlasT by a Large Majority
Favors Ratlaeatloa of
COPENHAGEN, March 11. Tha Folks
thing, In committee of the whole and In ex
ecutive seasjon today, voted by a large ma
Jorlty in favor of the ratification of tha
treaty providing for the sals of ths Danish
Wsst Indian Islands to tha Called Butte,
GUARD BEET SUGAR INDUSTRY
Bcpublioan Opponent! to Eeoiprooity with
Uuba Draft Strong Resolution!.
AIM TO PROTECT AMERICAN PRODUCERS
Declare Method Advocated hy Ways
aad Means Committee Weald
Smother Development of
WASHINGTON. March 11. Tho fourth
conference of the house republicans on the
reciprocity queetlon was fruitless, the con
ference adjourning at midnight until next
The victory waa with the advocates of
reciprocity, as the motion to adjourn waa
carried, aa a motion to amend the motion
to make It a sine die adjournment had
been voted down. The motion to adjourn
waa made by Speaker Henderson and the
opponents of reciprocity claimed after the
adjournment that some of their friends did
not care to offend the spesker by declining
to heed his sppeal for a further confer
ence. Earlier In tho evening the oppo
nents of reciprocity had insisted on n vote
tonight upon the main proposition. The
session tonight was a stormy one. Mr.
Sibley of Pennsylvania offered a compromise
proposition for a reciprocity arrangement
to last until December 1, 1903, which he
claimed had the approval and Indorsement
of President Roosevelt. He also aald he
had aasurances that if the house granted a
20 per cent concession the senate would
not Incresse It.
Lame Kamber Preseat.
About 130 members were present. 8peaker
Henderson and the leaders on both sides
of tho controversy were In attendance. An
arrangement was mads for a division of the
time between the advocates and opponents
of reciprocity. i
Representative Long of Kansas, n mem
ber of the ways and . means committee.
opened with an argument in favor of a
SO per cent concession advocated by his
colleagues of the ways and means com
He argued that the maintenance of a pro
tective tariff was not Invested in the Philip
pine waya and means committee, but thst
ths policy of reciprocity was. "The defest
of this bill." said he, "means that the
republican party has refused to' follow the
leadership of McKlnley, and of Roosevelt,
and It would mean that reciprocity was no
longer a part of the republican faith. .
Platform ea Hla Side.
He pointed out that the republican plat
form of 1896 referred to the repeal of the
reciprocity agreements under the McKlnley
law aa a national calamity and demanded
their renewal and extensions. Ths origi
nal Dlngley bill authorising reciprocity he
recalled, -naming augar as one of tho ar
ticles on which the president waa author
ised to reduce the duties, but ths section
wss changed and sugar was stricken out
He espoused reciprocity with Cuba, no
said, not only because it would be helpful
to Cuba, but because ho believed we would
get an adequate return and in support of
that belief he Instanced the result of the
reciprocity with Cuba nnder the McKlnley
law. from September 1, 1891. lo August it.
1894. Under that law sugar, molasses, coffee
and hides were admitted free and In return
Spain made concessions on our ' products
into Cuba. The results were demonstrated
in the fact that our exporta to Cuba in
creased from 113,224.888 In 1891, to $24,-
157.698 in 1898. In 1896. after the agree
ment was abrogated, they had fallen to
81,630,880. Our exporta to Cuba were now
only $28,078,792 out of a total of $66,060,141.
Good Bargain for Amerlcaaa.
The witnesses befors the committee on
wsys snd means, he said, stated that with
prosperity in Cuba the importations of that
island would amount to $160,000,000 to $200,
000,000. Thla, be said, waa ths trade that
Cuba offers us in return tor concessions on
sugar and tobacco. This wss not charity.
It was a good bargain.
Mr. Long contended that In addition to
self-interest there waa a moral obligation
upon the United States to grant conces
sions. He declared that when the com
mission from Cuba waa prevailed upon to
accept the Piatt amendment President Mc
Klnley assured them thst In consideration
of its acceptance he would do all In his
power to secure economlo concessions snd
said that ths commission so represented to
the Cuban convention. He presented de
tailed figures to show that the Porto Rlcan
sugar grswers had received the full benefit
of the free admission of sugar from that
Island, from which hs argued? that ths
Cubans, not ths sugar trust, would get the
benefit and all the benefit of any reduc
tion congress might make. In conclusion
Mr. Long said:
"After ths establishment of the republic
of Cuba a treaty can be negotiated with
that country by the president. The moment
that the ratifications sre exchanged under
the decision of the supreme court In the
Porto Rlcsn r'Ae we would hsve free trade
with Cuba on all products. Ths houss
would be powerless to prevent It."
Reeolatlea ef Oppeaeats.
When Mr. Long finished speaking Mr.
Taylor of Ohio presented a protest against
the plan of the ways and meana commit
tee representing the vlewa of those opposed
to reciprocity. In lieu of the Tawney prop
osition for a rebate Mr. Taylor offered the
Resolved. First, that wa reaffirm nor
adherence to the republican national plat
form of lHit, Insuring adequate protection
to the cane and beet augar Industries In
the United Statee and to the policy of
reciprocity aa declared In our platform of
Second. That we have maintained and
will continue to faithfully discharge the
obligations to Cuba assumed by virtue of
the treaty of Paris and the Piatt amend
ments; and that we favor such commercial
agreements with her as her government.
wnen exaDiisnea may oe wining to mase,
and which will be in harmony with our
nauonau policy ox protection ana reci
Third, That no further action be taken
respecting the proposition to reduce the
tariff on Cuban producta coming into this
The manifesto says la part:
Oppose Redaotioa of Tar I.
We oppose the proposition to reduce the
tariff on Cuban products coming Into this
country, because It Involves a relaxation of
The republican platform of 1898 con
demned the democratic party for not beep
ing faith with tha American sugar grow
ers; we seek not to merit for ourselves the
The proposition to reduce the sugar tariff
constitute. In essence, an abandonment of
the protective principle, even though It
Involves enly one-nfth of the duty Imposed
by the Dlngley law, and thla abandonment
la moat unhappy because applied to the
pursuit of agriculture In the most con
spicuous Instance In which speclno and
manifest protection Is given to tha farmer;
and at tha moment when the sugar beet In
dustry la not only in Its Infancy, but In
an Infancy so lusty and promising as to
demonstrate the certainty of a rapid
Heretofore the farmer baa been compelled
to ttnd hie Justification of protection from
the standpoint of personal interest in the
JCotUlnMd on fteoona Pago.)
SENDS FIRST VETO MESSAGE
President Roosevelt Refuses te sign
Bill Reaiovlaa- Charge of
Deeertloa. ' V
WASHINGTON, March II. President
Roosevelt today sent his first veto mes
sage to congress. It was directed to the
senate and the bill vetoed 'v. as one remov
ing the charge of desertion from the naval
record of John Glass.
The message waa as follows:
There can be no graver crime than the
crime of desertion from the army or navy,
especially during war: It I then high trea
son to the nation and Is Justly punishable
by death. No man should be relieved from
such a crime, especially wlien nearly forty
years have passed since It occurred, save
on the clearest possible proof of hie real
Innocence. In this case the statenieut made
by the affiant before the committee does
not. In all points, agree wlfi his statement
made to the secretary of the navy. In any
event It Is reprehensible to me that he
should not have made effort to get back
Into the navy.
He had served but little more than a
month when he deserted, ' and the war
lasted for over a year afterward, yet he
made no effort whatever to get back into
the war. sy
Under such circumstances It seems to me
that to remove the charge of denertlon
from the navy and give him an honorable
discharge would be to fals.fy the records
and do an injustice to ills gallant and
worthy comrades who fought tha war to a
finish. The names of the veterans who
fought In the civil war make the honor list
of the republic, and I am not willing to put
upon It the name of a man unworthy of the
high position. ...
(Signed) THEODORE ROOSEVELT.
After the message bad been delivered
Senator Oalllnger, from the committee on
naval affairs, read the report of ths com
mittee on which the eenate acted.' Prom
thai statement it appeared that Glass en
listed when only 16 years old and that,
having witnessed an act which compro
mised the seoond officer of the ship, he wss
taken ashore In March of that year by that
officer and told not to report again for
duty. Ths committee says that this order,
together wltb Glass' youth, was responsible
for hla desertion. t
LEADING WITNESS MISSING
SaJooa Keeper Waa tea la. Stewart
Fife's Trial Fall 1. . '
' Appear, i '...'' .
SAVANNAH, Mo., March 11. Os of the
state's best witnesses In tho case of Stew
art Fife, charged with the murder ot Frank
W. Richardson, la missing. , .
Ths witness is E. E. Norris of St. Joseph,
a saloon keeper. Norris was expected to
swear that Fife was in bis saloon before
the killing of Richardson and had mads
threats of taking Richardson's life. Norris
did not respond when his name was called
and Judge Burns issued an attachment for
him. Norris waa not found. , , -
Ths time today was- spent- lft tracing
Fife's movement about In Savannah on the
night of the murder. It was shown that
he had been on the public squars Just be
fore and a short time after Richardson
waa shot ' ' - v .
Gale Vaught, former city marshal, told ot
seeing Fife an hour after the murder about
the public square. He had been seen In ths
vicinity of ths square nearly two hours be
fore that. . v', ' ;
Up to this time the witnesses have testi
fied that the first report' circulated! the
Fife had heard this report while drinking
In a downtown saloon and had . stepped
beck ward and exclaimed: "I - am sur
prised." ' A night session was held tonight, as it Is
the wish of tho court to dispose of this
case with all reasonable haste. Four wit
nesses were Introduced by the state, who
testified that they bad seen Mrs. Richard
son snd Fits together at various times.
Nothing new was brought out either In
their direct or cross-examination. At a
late hour the court adjourned for the night.
YOUNG WOMAN DEAdIn HOTEL
Registers with Has, Who Bays Her
Carbolic Aeld aad le Arrested
MEMPHIS, Tenn., March 11. Anna B.
Hankins, an attractive young woman ot
Brlnkley Ark., committed suicide In a local
hotel this morning by swallowing carbolic
acid,' and J. V. W. Duvall, formerly a con
ductor on the Choctaw railroad, and now
employed by the Kansas City, Memphis and
Birmingham railroad, is locked up at police
headquarters pending an investigation.
Shortly before 9 o'clock this morning Du
vall rushed Into the office of the hotel and
told the clerk that a woman In one of tho
rooms was dying. He said she had swal
lowed half a bottle ot carbolic acid. Med
ical aid was summoned, but shs died fif
teen minutes later.
Last evening Duvall and the woman
registered at the hotel under aasumed
names. After being taken Into custody
Duvall aald he had met tho girl In Brink
ley, Ark., about a yean ago and that a
mutual affection aoon existed. He said
he had ' never met Miaa Hanklna clandes
tinely before, but admitted she came to
Memphis on his Invitation. Hs said hs
bought ths bottle ot cerbollo acid this
morning on Miss Hankins' request, but did
not know that aho contemplated suicide.
BRINKLEr, Ark., March 11. Mias Anna
Hankins, who Is reported to have killed
heraelf In Memphis today, was a daughter
of Richard Hanklna, a well-known resident,
She resided with her brother-in-law and
sister, Mr. and Mrs. Paul Bergman, at
the Brlnkley house, a hotel conducted by
Mr. Bergman. She was 26 years old snd
bore s good reputation. Tho man shs met
In Memphis 'was not known in Brlnkley.
Ths young woman left home last night
alone, saying -she was going to Memphis
to see a plsy.
BRAZIL ELECTS PRESIDENT
Mew Eaeeatrve Haa Repatatlea of
Belasr Oae of Rest Ftaeaelers
ta Sooth America.
NEW TORK. Msrch 11. Senor A. Fon,
tara Xavler. Braslllan consul general in
this city, has received a private cable dis
patch from Rio Janelr6, announcing the
election of Dr. Francisco do Paula Rodrl
gues Alvet ss president of Brasll.
Dr. Rodrlgues Alves for many years has
been a conspicuous flgurs In ths politics ot
BraxtL Hs is a native of the state ot
Sao Paulo and Is now governor of that
progressive and rich stats. He resigned
a federal aenatorshlp to become governor.
Aa a financier. It la aald by his friends
that Dr. Rodrlgues Alvea haa no superior
la South America. His ability was recog
nised by President Pelxoto, who appeplnted
him minister of finance. President Morses
retained htm in that place.
The president-elect Is a lawyer and haa
occupied a leading place at the bar. He
haa been elected aa the candidate ot the
republican party and hla election Is con
sidered as a great triumph, becanae of the
high standing aad prominence of his de
feated opponent. Dr. Vbaldlno da Aioeral.
MESERVE PROSECUTION FAILS
Jndgs Baxter 8aataiiui Motion to Direct
Verdict of Acquittal.
DEFENDANT WINS ON TECHNICALITIES
Ceart Holds that State Has He Valla
Claim oa latereat Paid e
Former Tresssrer bp Seatht
' Omaha Bask,
While confessing from ths bench that he
deprecates the law that compels him to do
It. Judge Baxter decided that tha prosecu
tion in Douglas county of John B. Meservo,
former state treasurer, on a charge of em
betxllng $3,000 Interest on $0,000 of the
permanent school fund which he deposited
In the Union Stock Tarda National bank of
South Omaha, must stop, snd ths
Jury . wss , instructed : to return a
verdict of acquittal, because, ac
cording to the law ot the state, the Intereat
did not belong to the state of Nebraska.
Tha Judge ruled, also, thst ths . crime
charged. If committed at all, was committed
In Red Willow county, not In Douglas
county. Thla practically sustains ths two
contentions raised by Meserve's sttorneys.
In delivering his opinion ths Judge said:
"I regret that such Is the law, but It Is
not for ths courts to make the lew, but to
declsrs. It, sad If ths ptopls ot the stste
are dissatisfied with the principles enunci
ated by our supreme court snd that court's
construction of our laws their remedy Is
hy amendment to the constitution and to
"The principles announced by Judge Post
In his dissenting opinion In the cass of
State against Hill to the effect that the
treasurer ought to be held liable as
trustee of funds In his possession ought
to be the law and to the Judge's vlewa In
such opinion I give my hearty concur
rence. But the supreme court has held
thst It cannot, under our constitution,
adopt such views Insofar as our perma
nent school fund is oonoernedT"
Cart Doaareo No Point.
The Judge occupied nearly an hour and a
half, or from 11:20 to 12:40, In delivering
hla opinion, explaining that hs wished to
dodge none of the points raised In the
two and a half days ot argument.
As to the question of venue, rslsed by
Attorney W. S. Morlan of McCook, the court
said that, assuming thst tho crime bad been
committed. It must have been In Red Wil
low county, where Meserve first obtained
the use and control of the Interest on the
fund. "Our supreme court," he said, "has
held that to provs embesslement It must
be shown that the embexxler canie Into ab
solute ownership and 'control of tho money
and In thla case that eould not have been
until It was credited to him In the First
National bank of McCook (the town la In
Red Willow county), because prior to that
tlma ths transaction was not complete, for
had ths bank . been disposed to hold it
from him the fact that the South Omaha
bank had intended It for htm would not
make him liable as having appropriated It
to his owH use. To support this contention
ths defendant cites a case in tna nineteenth
Nebraska and after reading thla I am forced
, latereat Not the State's.
In approaching ths othsr principal con
tention, raised by Attorney C. J. Smyth,
to the effect that the Interest accrued did
not belong to the state. Judge Bsxter took
up nearly all the various citations of both
sides, discussing ths application of each at
soms length. As to ths feature of em
bezzlement the Judge said In part:
"At the outset in discussing this ques
tion three propositions must be horns in
mind. First, that the defendant Is charged
with embezzling Interest to the amount of
$3,000 upon public funds In his hands. Hs
Is not charged with embezzling ths princi
pal fund from which the Interest was de
rived. Second, that the fund upon which
the aald Interest is claimed ts have been
collected by the defendant belonged to the
permanent school fund. Third, thst as to
said fund our state constitution prescribes
how It should be preserved, loaned and In
vested, and haa thereby limited the power
ot the state officials and sven the state leg
islature over aald fund, thus distinguishing
ths permanent school fund from all other
stste funds in ths hsnds of ths treasurer,
and which constitutional limitations do not
apply to ths othsr state funds In his
State Caaaet Ratify Loss.
Ths court's closing waa. as follows:
"The state cannot ratify the act of the
treasurer In making a bank deposit be
cause of the limitation placed upon Its
power by the constitution and therefore It
could not ratify this contract mads by Ms
serve with the South Omaha bank whereby
the bank was to psy Messrvs interest on
the $60,000. fader the law of the ststs
that would bs sn investment or loan of the
permanent school fund which would be
unconstitutional. Consequently, sines ths
state could not ratify the contract with the
South Omaha bank whereby the aald bank
agreed to pay Interest upon ths said fund.
then the Interest psld by ths bank could
not in any avent become or be the property
ot tho state, because the stats could not
recover It In a civil action. Therefore the
$3,000 not being In legal effect under our
constitution money belonging to ths state,
this prosecution must fall."
Ths Jury returned a verdict of acquittal,
sa Instructed by the Judge, and the trial
came to an end abruptly. Within two
houra an expressman was hauling away ths
last evidence of the hearing In the form
of the stata treasurer's books, which Mr.
Stuefer had brought with him from. Lin
coln. Court Reporter Dickinson is prepar
ing a record of the ruling for Attorney
Bowersock la Reaemlnated.
FORT SCOTT, Kan., March 1L Con
gressman J. D. Bowersock of Lawrence
waa renominated here today by the re
publican convention ot the Second district
on (the first ballot by a vote of 8$ to 20.
Nat Barnes ot Kansas City received the
vote ot his county.'
Movements ef Oceaa Vessels, March 11.
New York Sailed: Deutschland. for
HamDurg via Plymouth and Cherbourg;
Cevio, for Liverpool, Arrived: Tauric, from
At Kobe Arrived: Kalsow, from Liver
pool, for Brittle.
At Movtlle Arrived: Astoria, from New
York, for Glasgow.
At Bt. Vincent. C. V. Arrived: San Pedro,
from Tacoma, for European ports.
At Glasgow Arrived; Korean, from Bos
ton. At Alexandria Arrived: Celtic, from New
York via Funchal.
At Boulogne Arrived: Rotterdam, from
new i or, tor notieraarn.
At Tenerlff Stilled: Beraphls, from Hsm
burg and Antwerp, for Ban Francisco.
At Hong Kong Sailed: Ping 8u, from
Taooma, roaonama, etc Tor Blnganore.
At ttalngoon bailed; Oopack, from Ta
coma. Yokohama, etc., for London.
At Brow bead Passed: OctMUiiu, fjvm New
tors, tor taueenaiowo.
CONDITION 0FTHE WEATHER
Forecast for Nebraska Fnlr Wednesday
and Tnursdayi North Winds, Uccoraing
Teenperatare at Omaha Yraterdart
Hoar. Dew. Hoar. Pea.
B a. Ml...... 4!i 1 a.
a.a 4.1 e. m RA
i a. m. . , . . .
4.1 a p. m BH
49 4 p. a ft"
40 B p. ta KT
41 p. xa i
44 T p. sa Bt
44 a p. as oil
0 p. ra 01
a. ra ,
lO a. sa......
11 a. as
ALTGELD FALLS IN A FAINT
Makes Isapaaaloaed Appeal for Boers
and Drops Vaceascloas an
CHICAGO. March 11. At the conclusion
of an Impassioned sppeal in behalf of the
Boers, delivered tonight In ths Joliet opera
houss In Joliet, 111., ex-Governor John P.
Altgeld fell In a faint ss he waa walking
from the stage. No doctors were In the
opera house, but a block sway a banquet ot
the Will County Medical society wss
being held. A messenger was dispatched
and in five minutes Dr. Nash snd Dr. Cush-
Ing hsd reached the bedside of ths un
conscious man. Restoratives, auch as could
be found, were called Into use and after
much effort, Mr. Altgeld regained con
sciousness. He wss taken to the Monroe
hotel, where he was cared tor, and It was
announced that he was out of danger.
The physicians diagnosed ths attack as
ths rssult of stomach troubls and did not
think heart weakness was primarily to
CHICAGO, March 12. At 2:20 a. m. a
telephone message from Joliet reported for
mer Governor Altgeld unconscious. His
condition wss said to be critical.
FIERCE WIND STRIKES TEXAS
Levels ' Fences aad Farmaoaees, Im
pairs Electrlo service aad Caases
DALLAS, Tex., March 11. The cyclone
that swept through the southern suburbs of
Dallas continued to the northeast, leveling
fences and destroying small farm buildings
In Its path.
Ths extent of damage to persons and prop
erty In' the farming district haa not been
learned, as the terrlfio downpour of rsln
haa put ths country roads In an almost
Impassable condition. Telephone reports
state that at Besoto, fourteen miles from
Dallaa fourteen dwelling bouses snd two
stores. In one of which waa located the post-
office, were demolished.. One of the dwell
ing nouses destroyed was that of J. M.
Johnson. His 14-year-old daughter was so
badly Injured that shs died this evening. At
Beemaa's schoolhoune, three miles east of
Dallas, the dwelling house of T. Reegon
was wrecked.. Tha family escsped without
Injury. In Queen City the extreme southern
suburb of Dallas, six dwelling houses were
blown to pleoes.
Mrs. George Brsy received fatal Injuries.
Mr. Bray and two children were injured.
Albert Swing's houss was literally torn to
pieces and a negro servant, name not
learned, was badly hurt. A score or more
ot other houses wers badly damaged. The
property .loss ss near as can bs estimated
la Dallas county will reach nearly $100,000.
DALLAS, Tex., March 11. The most
general rain In a year Is falling tonight
North of Dallas there Is a heavy downpour,
while there are light rains as far south as
Ssn Antonio. The rain was badly needed
throughout the state.
HOUSTON, Tex., Msrch 11. A heavy
rain prevails all over the state tonight, re
ports from the Pan Handle and west Texas
being that the drouth is relieved. In north
Texaa the fall ranges from two to six
Inches, while In east and south Texas the
fall Is nearly as good. Ths fall Is worth
much to stock, as tha dry weather waa be
coming a serious matter.
RELIEVES SERIOUS DROUTH
First Heavy Rata la Six Moaths Saves
y Crops la Oklahoma aad Indlaa
OKLAHOMA CITY, Okl., March 11. Two
Inches of rain havs fallen here since mid
night last night, and specials to the Jour
nal report heavy rains st Stroud, Elreno,
Kingfisher, Perry and Gesry. This Is ths
first good rain in ths territory in six
months and It Is believed It has saved a
large per cent of the wheat crop. Yester
dsy It waa predicted that unless rain cams
soon much of ths wheat land would be
plowed to corn.
The Choctaw depot at Geary was struck
by lightning and it, with four cars of mer
chandise, were burned.
ARDMORE. I. T... March 11. Through
the Chickasaw nation today a general rain
has fallen. Never In the history of the
Indian Territory was rain mors badly
needed. In many sections It waa tbs first
fall since last August. A heavy rain also
fell In ths fertile Washita valley, breaking
one of the worst drouths ever known In
HEAVY DOWNPOUR IN KANSAS
Oeaeral Rala laaparts Great Beaeflt
to Wheat . Crops Tareaaa
at 'the State.
TOPEKA, Kan., March 11. A general
rain la falling in Kansas tonight, which
will be of Incalculable benefit to ths wheat,
In the western snd southern parts of tho
state ths rain Is especially heavy. In Che
topa It Is tha heaviest rain that has fallen
since early last fall. South and west
of Wichita rain had been falling since early
In the evening. The eastern part of ths
state Is , receiving the first rain of any
consequence that haa come thla year.
A large part of the wheat crop is badly
Injured, but the rain of tonight wlll save
some of it. The soft wheat Is" reported
ss being resrly sll killed, while the herd
wheat will make a good crop If there are
favorable weather conditions from now on.
JAMES WILC0XJS INDICTED
Yssag Maa Aeeaaea ef Kiltie.- His
Sweetheart, hell Cropsey,
ELIZABETH CITY. N. C, March 11. The
grand Jury of Pasquotank county today
found a trus bill against Jsmes Wilcox, ths
young man In Jail here charged with kill
ing his sweetheart, Mlsa Nellie Cropsey,
last November. Wilcox was arraigned and
entered a plea of not guilty. The court
drew a special venire ot 250 Jurors and an
nounced that the trial would begin at 2
o'clock Thursday afteraoon.
polo Oatpet of Road.
LONDON, March 1L Ths Transvaal
Chamber of Mines reports thai the output
of gold from Wltwatsrsrand fop tha month
ot"Vsbruary wag 11,406 ounces.
ONLY BILL OF RIND
Ship Subsidy Measure Poclared to Be
Without a Precedent
ATTACKED BY MALLORY OF FLORIDA
Arraigned aa Bald and Bold Promotion of
AT VARIANCE WITH RIGHT AND JUSTICE
Senator Frye Defenda Hit Bill and Explain!
HOAR AGAINST THE POPULAR BALLOT
Opposes Kleetleat el Seaaters hy
Direct Veto as Sahverslve la Prla
elple fa Eeaeare ef the
WASHINGTON, March 11. For several
hours today the senate had the ship sub
sidy bill under consideration. Mr. Mallory
ot Florida made an extended speech !n op
position to the measure. Ho analysed the
bill carefully and held that there waa ns
good reason tor Ms cnat tmeot Into law,
saying he believed It would not accomplish
tha results hoped for It by Its promoters.
His opposition was based chiefly on ths '
ground that It would extend tbs favor, of
ths United States treasury to private In
dividuals and corporations without a Just
return for the expenditure. -
Prior to consideration of ths subsidiary
messurs a lively debats occurred over an
effort on ths part of Mr. Berry of Arkansas
to ascertain when the committee on prlv
lllges and elections might bs expected to
report to the scuats ths resolution provid
ing for the election ot senators by tho
d.'rect vote of the people.
Mr. Hosr of Massachusetts Indicated his
vigorous opposition to such resolution on
the ground that It would subvert ths princi
ples upon which ths senate wss founds.
Senate Urges Its Aateadaaeata.
The senate, at the request of Mr. Culloea
of Illinois, ons of the conferees, disagreed -to
the conference report on the bill provid
ing for the carrying Into effect of the stip
ulations ef article 7 of the Paris treaty
The senate Insisted upon Its amendments
and Messrs. Cullom. Lodge and Morgan were
named as conferees.
Article 7 relates to the payment of claims
In Cuba and ths bill proposes to amend
the set creating tho Spanish claims com
mission, so ss to provide for ths attendance
In a privileged statement Mr. Berry ot Ar- ,
kansas said hs had Introduced early In the
present session a resolution- providing tor ,
ths election of senators by direct vote ot
the people. This together with a similar
resolution sdopted by the bouse of repre
sentatives bad been referred to the com
mittee on privileges' and elections. The
houss hsd psssed suoh a resolution four
times. But tbs question nsvsr had been
considered by the senate. ' . ' '
. . Waats peedy Action.
He was belngpressed ednstanMy, " salA,"'v ' -by
correspondents to know when ' a vote
would be tsken upon the question by the'
senate, end he desired to Inquire ot ths
chairman of the committee whether tho
senate could not have a vote upon tho
resolution befors tbs close ot ths present
Mr. Burrows of Michigan, chairman of ths :
committee on privileges snd elections, attsr
saying that what Mr. Berry had aald was
true, said: "I will say to ths senator that
there Is no disposition upon ths part of ,
ths committee to shirk lesponstblllty In
connection with the resolution. Action upon
It will be taken and a report upon It will
"In time to take a vote upon It at this
session?" Inquired Mr. Berry.
"I have no doubt of It," replied Mr. Bur
rows. Mr. Hoar of Massachusetts, one of the
members of the privileges and elections
committee and a vigorous opponent of the
resolution providing for the eleotlon of ssn-
atora by direct vots of ths psople, said It
ought not to bs permitted to pass without
a few words of comment. '
"This Is ons ot the most Important ques
tions," said he, "that has nrlsen since ths
adoption of the constitution. Indeed, It is
ths first serious effort mnds to change the
mechanism Involved In the principles ot
Vital Cksagt la t'oastltatlea.
This Is a proposition to change the prin
ciple upon which the constitution la
founded and It Is a mstter ot historical r
faot that without ths Incorporation of this
principle the constitution never would
have been agreed to. The solemn pledge
wss given to states, small and great, that
tha equality of tbs states never would bs
destroyed without the consent of svsry on
Hs did not believe thst tbs adoption of
tho resolution would bs accomplished with-
out a bresch of ths national pledges which
lies st ths foundation ot this government.
In a brief reply to Mr. Hoar, Mr. Berry
said that this wss not ths tlms to discuss
ths merits of the proposition, but Insisted
that ths senate had a right to demand that
a committee to which the resolution bad
been referred should maks soms kind of a
report, and he did not believe that the ssn
ator from Massachusetts (Mr. Hoar) could
prevent a report being made.
Dahola Differs with Hear.
Mr. Dubois of Idsho mslntainsd that ths
only point of the constitution was thst
every stata should bsvs two senstors. Tbs
maimer ot their election wss not a vltsl
At the conclusion of ths debsts, which
had been proceeding by unanimous consent,
ths sensts passed eighty-one private pas
Other bills were passed as follows i
To reform the western Judicial district of
Arkansas, amending the act of Pebruary I,
1001, to increase the efficiency of the per
manent military establishment, so ss to
provlds for ths transfer of officers front the
line to the staff for four years' ssrvlcs.
The senate then, at S o'clock, resumed
consideration of tha ahlp subsidy bill, snd
Mr. Mallory of Florida, ons of tbs demo
cratic members of ths committee oa com
merce, addressed the senate in opposition
to ths meaaurs. Hs said In its ultimate
analysis tbs bill waa msasurs to take tbs
money ot the taxpayers to build up tbs
prtvsts business of Individuals and corpora
Kapendttere hoc Werraatea.
Referring to Mr. Frye's argument In sup
port of ths establUbmant of an auxiliary
nsvy, for which ths psndlng bill provides,
hs did not believe there wss sufficient
Justification for tbs extraordinary sxpsndl
ture proposed by too bill.
In the event of a war bet w sea the United
t States and Great Britain, Franc. OsrmAA,
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