THE OMAHA DAILY BEE: WEDNESDAY, JULY 0, 1902.
Tile Omaha Daily Bee
E. ROSE WATER, EDITOR.
PUBLISHED EVERT M0RNINO.
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CORRESPONDENCE.
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Omaha Bee, Editorial Department.
BUSINESS LETTERS.
Business letters and remittances should
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THE BEE PUBLISHING COMPANY.
STATEMENT OF CIRCULATION.
State of Nebraska, Douglas County, ss. I
Oeorge B. TtHchuck, secretary of The Bee
Publishing Company, being duly sworn,
says that the actual number of full and
complete copies of The Daily, Morning,
Evening and' Sunday Bee printed during
the month of June, 1902, was as follows:
X KU.alO 16 21,4SO
1 XO,4tM 17 2,B40
2U,Ua 18 X0.780
4 if,870 19 29,740
ft KU.fittO 20 29,600
2U.B10 21..... 29,570
7 2U.07O 22 2,50
1 29,900 23.... 29,BNO
1 29.040 24 81.JM0
10 29.U10 26 20,000
11 29.BRO 26 29.6MO
12 29.B10 27 20,6MO
13 29,60 23 29,540
14 29.UOO 2D 29,500
15 2U,B0 30 29,010
Total 889,220
Less unsold and returned copies.... 9,na
Net total sales 879,508
Net dally average 20,318
GEO. B. TZSCHUCK.
Subscribed In my presence and sworn to
before me this 30th day of June, A. D., 1902.
(Seal.) M. B. HUNGATE,
.... Notary Public
Nebraska soil can take more rain and
more sun without evil effect than that
of any other state.
Governor Savage -should hurry home
to pour oil on the troubled waters of hia
oil Inspection brigade.
Notice to visiting base ball players:
Keep at a safe distance from the umpire
when cavorting on the Omaha diamond.
The Civic Federation will try again to
see If It can devise a plan for settling
the miners' strike. Persistence may yet
find the way.
The Bee has always conceded that
Superintendent Fearse . ranked far
higher as a political wire , puller than
m an educator,
It turns out that Iowa beats all the
states In the number of rural free de
livery routes it has corralled. Iowa
takes a back seat for none.
King Ak-Bar-Ben to President Roose
velt: Come to my coronation and I will
guarantee you one of the best enter
tainments ever set before you.
According to the calendar, the Par
isian fetes next week commemorating
the storming of the Bastlle offer the
next outlet for patriotic ebullition.
When Inclined to become . restless
under the recent rains. Just recall the
protracted heat and drouth that we
were suffering during the month of July
of last year.
Too bad the law does not permit
members of the Board of Education to
distribute the election of officers and
employes so that they might have a
re lunch after each meeting.
President Gompers of the National
Federation of Labor satisfied himself of
one thing while la Omaha that Omaha
has as Intelligent a body of wage work
ers as are to be found anywhere In the
United States.
Oklahoma is making a serious mis
take in trying to get notoriety through
stories of menacing volcanoes at a time
when it Is knocking st the door for ad
mission Into the union as a state. The
volcano route to statehood has not yet
become popular.
The re-election of Mr. Pearse as su
perintendent of schools should be fol
lowed by a reconsideration of the
proposition for another teachers' lecture
course next year. The teachers will
not dare go against It again when
brought to another vote.
Ilogs have made another.. topnotch
price on the South Omaha market. It
will take a plausible talker to make the
farmers believe, that they are not shar
Ing In the prosperity that has enveloped
the country since republican policies
were restored In the nation.
J. Plerpont Morgan Is said to have
put his tluie In Berlin entirely at in
peeling museums and looking over pal
aces.' Our German friends may make
ready for a proposition to syndlcute
their public buildings and contents and
manage them through a trust
The announcement is made that the
ftslon state committees will meet next
week to select."a working chairman."
The chairman will have- to work over
time through more than one campaign
If .he expect to keep the fusion candl
dates out from under the landslide.
Corn is also making 'a try tor' high
wtter .nunrk,' but'th chflDces are that
tuv mice cauuot stay ui. As. soon as
the cornfields of Nebraska, Iowa and
Kansas give assurance of the goldea
narvet-t the quotation will settle down
te a Jtt fixed by the nr-rsnal supply!
PHILIPPINE POLICY AS Alt IWiT.'K.
frVnator Vest of Missouri said in a
recent Interview that "it Is useless to
protest against the Philippine policy
now," yet it Is the Intention of the
democratic congressional campaign
managprs to keep this subject before
the people. For this purpose they will
send broadcast hundreds of thousands
of the speeches delivered in congress
against the Philippine policy of the
government and doubtless democratic
orators everywhere will thresh over this
straw during the progress of the cam
paign. The republicans will be very well sat
isfied to have their opponents make this
an issue. The Philippine policy has
been successful. The civilized people
of the island are satisfied and have
accepted American sovereignty. Civil
government has been established and Is
In satisfactory operation. The mili
tary authority Is subordinated to the
civil and the army in the archipelago is
to be further reduced. The legislation
passed by congress provides for giving
the Filipinos, as soon as practicable, a
large participation in the government of
the Islands. It ' also makes provision
for public Improvements, for increas
ing educational facilities snd for In
dustrial development That legislation
extended to the people of the Philippines
most of the rights enjoyed by our own
citizens. It carries the principles of
republican government Into the Orient
The Filipinos are given opportunities
for improving their condition they have
never before had and this Is under
stood and appreciated by the more In
telligent of them. They will have peace
and order, they will have schools and
sanitation, they will have protection to
life and property and a proper adminis
tration of Justice. Above all they will
learn the lesson of true liberty of lib
erty restrained by law and If they
shall be loyal and faithful to the gov
ernment the time may come when they
will be given independence.
The republican party, therefore, will
be found ready to defend Its policy in
the Philippines. It is a successful pol
icy that gives assurance of the highest
benefits to the Filipino people. It will
In a few years work a regeneration, it
is not to be doubted, that will most
amply vindicate it The people of Porto
Klco are entirely contented with being
under American rule. Their condition
was never more satisfactory than now.
Why may not similar results come to
the Filipinos? Why may it not rea
sonably be expected that they also will,
under the improved conditions certain
to follow peace, become contented with
American rule? It has cost heavily In
men and money to accomplish what has
been done and the American people will
not consent to the relinquishment of
anything we have achieved. They will
insist that the Philippine archipelago
shall be retained and governed by the
United States at least until such time
as the people are qualified for self-government
This Is unquestionably the
overwhelming popular sentiment today
and we do not believe It can be weak
ened by any efforts of the opponents of
the Philippine policy of the republican
party.
sample of cbkap demagogy.
Republican government in cities has re
sulted In the most abominable corruption
ver known to mankind. We have onl to
take a glance at Philadelphia, St. Louis
and Minneapolis to be assured that this
statement is true. Nebraska Independent.
This is a sample of the cheap dema
gogy by which popocratic organs seek to
make political capital. They would have
their readers believe that the only In
stances of corruption In municipal gov
ernment exposed to light are to be found
in cities where republicans are In con
trol They cite Philadelphia, St Louis
and Minneapolis, but are careful not to
mention New York, Chicago and other
cities where similar disclosures of cor
ruption have been repeatedly made un
der democratic administrations.
While pointing to the upheaval in Min
neapolis, they are careful also to cover
up the fact that the beclouded mayor
was elected originally as a democrat and
that the democrats are primarily respon
sible for him, although having built him
self up by democratic aid he has since
professed to be a republican. Further
more, if we remember correctly, Mayor
Ames was foisted on the republicans of
Minneapolis as their candidate lust time
by democrats who took advantage of a
loophole in the Minnesota primary elec
tion law to cast their votes at the repub
lican primaries and determine the lden
tity of the republican candidate. When
It comes to responsibility for the corrup
tion of Minneapolis the democrats of
that city will have to bear the chief
brunt
A survey of the records shows that
honesty and dishonesty are not monopo
lized by any political party. The Anierl
can people are too intelligent to be de-
celved by such partisan clap-trap as that
we have cited.
RE-KLtCTlVN OF PtSARSt.
By again loading the schools of Omaha
down with Carroll G. Pearse as superin
teudeut, the Board of Education has ex
hibited a singular disregard for the vital
Interests of our public school system and
the welfare of the children who must
get their education in the public schools.
The retention of Mr. Pearse simply
means the continued degradation of the
teachlug force under Incompetent super
vision. It means the subjection of the schools
to . Influences outside the educational
field.
It means the continuation of the prac
tlce of barter and trade of favor for ap
pointments and promotions by which the
pay rolls have been weighted with rela
tives snd attaches of school board mem
bers and other people possessed of a
pulL
The Bee Is confident that after they
once . fully ' realize them the people of
Omaha will not tolerate these conditions
a moment longer than necessary. The
true friends of the schools who want
their standard raised and their efficiency
laipreved will not be rebuffed by the
subserviency of the present board to the
combine of salaried employes. They
will continue their efforts until the man
agement of the schools is placed in the
hands of educators of standing and real
ability.
WILL VBOt TRUST LEUISLATtON.
It appears that President Roosevelt
is very much in earnest regarding leg
islation for the supervision and regula
tion of corporations doing an interstate
business. It was stated a few days ago
that he had been in consultation with
Representative Llttlefield of Maine, one
of the ablest lawyers in congress, whom
he had Invited to prepare a bill far the
regulation of the combinations to be
introduced in congress with the endorse
ment and influence of the president back
of it It Is now reported that Mr. Llttls-
fleld Is engaged In drafting a measure
and will shortly have a conference with
Mr. Roosevelt respecting it
This evidence of the earnest desire of
the president to have enacted legisla
tion for carrying out the views he ex
pressed in his first message to congress
and has repeated several times since,
ought to remove any doubt that may
exist as to the president's sincerity in
the matter, 6s well ss silence all those
who would discredit his utterances. Mr.
Roosevelt has, very clearly defined his
position respecting national supervision
and regulation of the great industrial
combinations and nowhere more , ex
plicitly than in his Pittsburg address.
He does not propose a war of extermina
tion against the combinations. He does
not propose reckless and revolutionary
measures that would result in general
Injury to the business of the country.
What he desires is reasonable and prac
ticable legislation that will remedy the
evils and abuses now complained of,
protect the Interests of the public and
not interfere with industrial progress
and prosperity. That Is a policy which
will have the approval of all rational
people.
Mr. Llttlefield has shown a great deal
of Interest in this matter and it may
confidently be expected that he will
frame a bill, with the assistance of the
president and Attorney General Knox,
which will meet the requirements of the
situation. x
WISCONSIN HKPbBLlCAKS.
There is apprehension that the fac
tional strife among the Wisconsin re
publicans may result in the retirement
of United States Senator Spooner,
whose term expires with the present
congress. Some two years ago the sen
ator announced that he should not be a
candidate for re-election, but his friends
in Wisconsin and republicans very gen
erally feel that he ought to remain In
the senate and it is understood that he
is now disposed to do so, though prob
ably he will make no great effort for re
election.
This should not be necessary. Mr.
Spooner Is one of the ablest and most
valuable men in the national senate.
He has In a high degree the qualifica
tions of the statesman and there Is not
In public life an abler exponent or de
fender of republican principles. Hardly
any great question that has come up
since the beginning of the Spanish war
has been disposed of without his active
and usually controlling direction and
support He has consequently attained
national distinction and has been looked
to by the leaders of his party and by
both Presidents McKlnley and Roose
velt for counsel and guidance. Upon
him have largely devolved in the senate
the responsibilities of leadership as the
representative of the administration and
his party. The retirement of Senator
Spooner would be a distinct loss to the
senate and would be greatly regretted
by republicans throughout the country
The party in Wisconsin cannot afford
to dispense with the valuable services
of John C. Spooner and it will not if It
consults the wishes of the party gen
erally. The summary of rural free mail de
livery com oiled by the postal authori
ties discloses a remarkable expansion of
that branch of the postotnee. Aituougn
the first experiments were made less
than six years ago, 0,461 rural mail
routes are now In operation, supplying
mall daily to the people residing in
the adjacent vicinity. If each of theso
routes accommodated only 100 families
it would mean nearly l.OOOiOOO families
brought into direct contact with the
business world by mail facilities and
five or six times that number of Indi
vidual persons. The time will come
when the farmer will feel lost without
his daily mall service Just as much as
the city business man.
Senator Beverldge volunteers to re
lieve the political atmosphere by In
forming the public that he Is not a can
didate for the vice presidency on the
reoubllcan ticket of 1904. It is to be
presumed that Senator Bailey will feel
better at this assurance that the sen
ator from Indiana will not seek promo
tion to the position of presiding oflicex
of the upper house.
It is a cold day when the deputy
United States marshals cannot find a
few bootleggers selling firewater to In
dians on the reservation to make a show
of keeping themselves busy and piling
up mileage charges against Uncle Sam
Without this business the railroad be
tween Omaha and the reservation might
have to go back to twice-a-week trains
Coronation in August would bring the
event right into the most uncomfortable
part of the London summer season.
The only object in having It at that
time would be to bold the visitors from
foreign countries, who would hardly be
expected to return in such numbers at
a later date. But then one must make
bay while the sun shines.
If they are not csreful the railroad
tax bureaucrats will prove too much.
Tbey are strenuously exerting them'
selves to show that the railroads ot
Nebraska are flagrantly overtaxed, not
withstanding turn tact that the tax
bureau officials have all along them
selves made the railroad assessment and
had it O. K'd by subservient assessment
boards, both republican and popocratic.
If it were true that the railroads have
been overtaxed the blame will be
traced right back to the tax bureau.
As a matter of fact however, the bunco
game is Intended to fool only the. people
and not the railroad managers.
Cease for Tkaakf alaess.
Detroit Free Press.
Of 25 n? hilla and lolnt resolutions in
troduced st the recent session of congress,
1 KOI were nassed. The country owes a
great deal to a congress that. did not pass
the other 20,519.
Hailstorms Outclassed.
8t. Louis Globe-Democrat.
There has been in Nebraska a fall ot
pieces ot ice so large that they are pro
nounced "unworthy of the name of hail
stones." But is it to be inferred that they
were bigger than the eggs ot the great aukT
Labor Gets a Dividend.
Indianapolis News.
No wonder the United States Steel Cor
poration voluntarily increased the wages of
its employes. Its quarterly statement shows
earnings of nearly 140,000,000, an increase
of over $11,000,000, as compared with the
same quarter last year.
No Return on Investment.
Chicago Record-Herald.
It seems that most of the cities of Ohio
have been governed contrary to the provis
ions of the constitution during the past ten
or fifteen years. It isn't likely, however,
that the people will be able to get back
any of the money paid out to the office
holders.
Footing: the Bill of Folly
Chicago Inter-Ocean.
Long before China wipes out the prin
cipal of the indemnity of 450,000,000 taels,
upon which $8,013,600 of Interest has re
cently fallen due, she will realize that it
would have been much cheaper to have
boxed the Boxers In the early stages of
their frenzy.
Elements of Fame.
New fork Tribune.
Here Is a definition of fame given by ex-
Speaker Reed at the Bowdoin commence
ment dinner: "Fame," said be, "Is largely
a matter of accident Being in the right
place at the right time, and doing the right
thing, or, better still, making people think
you are doing the right thing, la about all
there is to fame." This definition gains
much In effectiveness when "fame" is pro
nounced with the ex-speaker's well known
drawl.
Hope Renewed sal Refreshed.
Philadelphia North American.
One ray of light pierces the lowering
clouds of trust domination. Mr. Morgan
has denounced poker as a dishonest and
wholly undesirable institution. Bo we need
not fear a poker trust, anyway. No one
could derive any enjoyment from a game
when he was haunted by the fear that at
any time his modest stacks of chips might
be swept into the rapacious maw of the
poker octopus. It Mr. Morgan would only
disclaim any intention of absorbing the
ping pong interests the nation would take
another long breath and press onward with
renewed hope. -
Malevolent Gossip Shut Off.
Philadelphia Record.
Now that Kliig Edward's physicians have
pronounced their patient to be out of dan
ger the traders) in unfounded rumors con
cerning his majesty's health may be obliged
to shut o(I the current of their malevolent
gossip. As long as lying pays there will be
found persons mean enough to circulate
prevarications regardless of the pain they
give to those near to the subject of their
base Insinuations. An affirmation by the
greatest medical authorities in England of
King Edward's assured recovery should.
however, reduoe the price ' of their inven
tions to a point which would make the
game of the sensationalists not worth the
candle.
The Marriage of the Uavei,
John Ruskln.
You will find that, in fact, all plants are
composed of essentially two parts the leaf
and root one loving the light, the other
darkness; one liking to be clean, the other
dirty; one liking to grow for the most part
up, the other for the most part down, snd
each having faculties and purposes ot its
own. But the pure one, which loves the
light, has, above all things, the purpose of
being married to another leaf and having
child leaves, and children's children ot
leaves, to make the earth fair forever. And
when the leaves marry they put on wed
ding robes, and are more gorgeous than
Solomon In all his glory, and they have
feasts of honey, and we call them "Flow
ers." DEMOCRACY'S THREE ISSUES.
Taagrlefoot Policies Which Will Pave
the Way to Defeat.
St. Louis Globe-Democrat.
Ostensibly the democracy will have three
Issues in the congressional canvass of 1902.
Some of their leaders, that is to say, are
urging the party to make a fight on trusts,
imperialism and tariff reform. Ex-President
Cleveland favored tariff reform in his
great harmony speech at the Tilden club
dinner, but nobody has been able to find
that the recommendation has aroused any
enthusiasm except among the democratic
enemies of tthe ex-presldent, who cast de
rision upon him. for his tariff record, as
they do for everything else which he has
said or done. Cleveland skipped Imperial
ism, but some of the other democratic mag
nates pretend they want that for an issue.
Trustlsm, ot course,' will come in for as
sault in the canvass.
On all these issues the democracy can be
easily beaten. On the tariff reform there Is
no approach to harmony among the demo
crats. It is certain that the country Is
cot seeking any tariff reform, or wants any
tinkering with the tariff in any direction.
On the trust question the republicans have
a far better record than the democrats,
for the republicans the only anti-trust bill
ever enacted by congress and the republic
ans enforced that act and are en fore
Ing it now. The republicans will be ex
ceedlngly glad to see the democrats bring
the question ot Imperialism forward. That
is an issue on which there -are hundreds
of thousands of new votes for the repub
llcan party in the country at large.
There is no lssus In sight on which the
democrats have the faintest chance to win.
The most disastrous of all these three
Issues for the democrats would be that of
Imperialism. The people of the United
States do not believe that there la any im
perialism In the policy which the Roosevelt
administration and the republican party In
congress are pursuing la the Philippines.
That policy Is unquestionably favored by
t leaat two out of three of the 15,000,000
voters of this country. It is a policy which
is to be pursued and which is to result
in greater good for the country than even
that which is foreshadowed at the present
time. The United States has made Immeas
urable advances, socially. Industrially and
politically, in the Ave years which have
passed since the republicans came into
power. On Its record since March 4, 1897,
the republican party caa and will win a
grand victory, la IMik
ROUND ABOIT HEW YORK.
Ripples on the Carrent of Life la the
Metropolis.
The exodus of summer reverters snd vaca-
loners from New York City last week sur
passed any similar rush in a generation.
Cold weather kept the tourist flock In town
until the end of June. Then they started
with a rush that overwhelmed the trans
portation companies. The climax of the
crush, with three holidays In sight, simply
swamped facilities for getting out of town.
To the average New Yorker a change of air
and scene is a blessing. "Our climate Is
changing," says a New York correspondent.
'and whether our gulf stream is responsible
or not a strange potency, called humidity,
dominates us three-fourths of the summer
months, undertonlng, undermining and re
ducing the strongest to ths condition of the
weakest. We no longer have our old-time 6
o'clock sea breeze, and even at the great
resorts near by, when the wind comes from
the land rather than from the ocean, the
solldest flesh melts into discomfort and un
bearableness." New York is a city of contrasts. You
can leave the marble and stone palaces
of Wall street and lower Broadway, where
millions are heaped upon millions, and in
a few minutes stand amid the squalid tene
ments of the lower East side. It is but a
step from the fashionable parade of Fifth
avenue to the holy calm of St. Patrick's
cathedral one step over a threshhold and
the world Is gone.
Street Cleaning Commissioner Woodbury
of New York City has discovered a way
of saving money and has put his plan into
practice. For years It has been the custom
there to dump garbage and ashes into the
same pile, the whole being carried out to
sea at a cost of $65 per load. Commissioner
Woodbury separates garbage from ashes
and sells the latter for $40 per load to a
construction company, which manufactures
fireproof materials. The saving promises
to be something handsome.
The rapid transit commission of New
York City has granted the application of
the New York and New Jersey railroad for
a franchise for a tunnel under the North
river. It is to be a two-track tunnel be
tween Morton street, Manhattan and Jersey
City. The railroad company will pay some
thing leas than $15,000 a year for the first
ten years, $25,000 a year for the next fifteen
years and then the charges are to be re
adjusted. The city reserves a Hen upon
the franchise and real property of the
company under the river and streets, In
order to secure the payment ot the charges.
There Is a growing feeling among New
Yorkers that the big city is a good deal
better place to leave than to live in. The
evening flight from town has assumed pro
portions so great that the transportation
companies have admitted their Inability to
cope with it. A new city is growing around
the old a new and beautful one, lying
around it In a ring that some students of
urban civilization say will assume a diame
ter of fifty miles before many years are
gone. In this new city there are -neither
factories nor toll, noise nor dirt, traffic nor
smoke. One may drive for mile after mile
over asphalt and past lawns with pretty
villas standing in seclusion beyond them.
Yet with all this growth of suburban liv
ing the demands for apartments In town
are so Insistent that rents climb up not
annually but monthly. It Is Impossible
now to live In New York in style for a
rental of less than $150 a month, or gener
ously and well for a rental of less than
$70 or at the least $60, or comfortably for
ess than $50. Below $50 one must assume
all the chances of field and flood that
threaten the nomad, Including raids by the
police on one s neighbors.
Down at Battery park, a few steps west
of the Aquarium, reports the World, Is a
boat landing which, In the course of a day,
presents more human contrasts than any
other point along the entire water front.
Here, upon the little float against which
Innumerable small boats touch and lie
throughout every moment of the day and
night, millionaires, society women, bum
boat women, sailors from clipper ship and
lumber or brick schooner, and boatmen of
the harbor, with street boys and idlers,
gather and form a strangs and picturesque
medley of races, classes and conditions.
This place, so diversely patronized. Is the
newly completed public landing, the only
advantageous point in miles of coast line
where he who wills may run In his boat
and step upon the shore.
The work on this landing was begun fif
teen months or more ago, and when sixty
feet more of stone wall have been added.
the basin will have a breakwater measur
ing 400 feet. The basin has an area of 220
feet by 120 feet, affording accommodations
for a myriad of little craft, and the depth
of the water at high tide is fifty feet
PERSONAL NOTES.
Samuel Eberly Gross and Edraond Ros
tand seem to be pretty good press agents
for each other.
It would seem to be the plain duty of
Major Mlcah Jenkins to do something hand
some for Lieutenant Governor Tillman.
Loyal Langdon Wright, of Middlebury. Vt..
walked three miles on bis 91st birthday
to attend the republican convention In that
state.
Dr. James F. Hibberd of Richmond, In.,
Is actively engaged In the practice of his
profession at the age of 8. He Is an ex
presldent of the National Medical associ
ation.
Attilla Cox, who once saved Ole Bull
from being drowned in the Ohio river, as
well as fished from the river his famous
violin, la still living in Louisville, Ky.,
where he is president of the Columbia Fi
nance and Trust company.
Lumar H. Holmes of Springfield, Mo., has
refused to adopt the name of Friable, though
tor doing so he would have received $12,000.
Louise Friable, his aunt, left him that sum
os condition that be make the change, but
he refuses to do so. He bad a year to con
sider the matter.
Christopher Forbes, who for many years
until 1898 hoisted ths flag at the Battery
on Evacutlon day, is dead In New York.
He was a lineal descendant of Van Arsdale,
the soldier who pulled down the British
flag, when the English left the city in the
revolution. Since 1896 the Society of War
of 1812 has performed the flag-raising cere
mony. Ex-Speaker C. D. Van Duzer of the Ne
vada legislature expresses in Washington,
where he is visiting, his confident belief
that bis state is about to enter upon a new
era ot prosperity snd that It will sever
again be classed as a dwindling stats. Re
cent discoveries of mineral wealth he pre
dicts, will cause a m large Immigration of
permanent settlers.
A special agent was sent to Washington
by s New York Insurance company with the
hope ot getting Senator Clark to take out
a policy. Ths Montana man, whose Income
from copper properties alone Is about
$2,000,100 a month, listened to the agent's
siren song and replied: "I don't need the
money, and, besides, I don't think your
company would accept me as s rUk.'i Mr.
Clark ha been a distinct disappointment
to Washington society, which had expected
that on his arrival there he would enter
tain In Monte Crlsto fashion. Instead be
has lived very quietly, but gossip baa It
that he Is about to build a spleadid mansion
In the eapltal and that In a social way he
will then nuke up for lost tins.
NEWSPAPERS AND LIBEL LAWS.
Grafters la Legal professloa Eseorl
ated la a Lawyer's Address.
Judge Lewis It. France of Denver.
"Champerty is defined to be a bargain
with a plaintiff or defendant in a suit for
a portion of the land or other matter sued
for, in esse of a successful termination. A
common Instance of champerty Is when an
attorney agrees with a client to collect by
suit a particular claim, or claims In gen
eral, receiving a certain portion ot the
money collected. This was an Indictable
offense at the common law. But the first
legislature of the territory, in Its wisdom.
If you please cut out the provision with Its
penalties, and thus threw open the door for
the prostitution of a profession designed
by honest men to adjust, rather than In
vite differences between man and man.
The omission of such a provision in the
law of any state will do more, and haa
done more, to degrade the profession ot the
law than any other influence. And In the
commercial spirit of the age (a gentle title
for the, demon of avarice), even the courts
have become contaminated with the curse
and are growing further and further away.
It mould seem, from the old,' exalted ethics
that would have demanded the disbar
ment of a lawyer who so far forgot his
duty, as to enter Into such bargains; a
duty that he owes to the court and his
profession; a duty that he owes to him
self, and a still higher duty that he owes
to his fellow citizens; a duty that Is no
less binding today than It was centuries
ago.
"One of the chief elements that moves
the bringing of libel suits Is the ab
sence ot the law against champerty. Cut
off the business of contingent tees and
you will 'Save taxes, clerk hire, lawsuits
and convert the office of judge quite Into
a sinecure. We all have real grievances
enough to wrangle over without setting
up figures of imagination over which we
may get by the ears. The existence of
such a provision in the law (If It did not
entirely stop, not only unmerltorlous libel
suits, but all other speculative litigation)
would decrease litigation one-half. Keep
gambling where It belongs, In the stock
exchange and other places of less preten
tion, but quite as much merit. But in the
name ot Justice and the welfare of hu
manity, keep speculation altogether out
of the courts. It is difficult to talk within
one's experience and be impersonal. I
have been engaged in the successful de.
fense of forty libel suits at least In the
last twenty years. And It has taken the
creatures of whom I have been speaking
twenty years to learn that one paper at
least had thousands for defense, but not
one cent for tribute. When the paper
was wrong It was always willing to make
apologies snd amends; any man of honor
will accept the apology for an uninten
tional wrong. But if he Is a blackguard
and Insists upon a fight well, self-defense
Is a right recognized by the law as In
herent in every msn, and only one course
is left a fight without gloves to a finish.
Compromise is the honorable editor's un
doing; when he Is wrong let him say so,
like a man; when he is right, let him stay
with it
"See to It that champerty be made an In
dictable offense, ss It was at the common
law. Do not listen to the fallacy that the
rights of the poor man must be looked to.
It Is the lawyer's pocket, and not the poor
man's rights, that forms the keynote of
that argument. It Is the lawyer's duty as
well as the doctor's to work without pay
when occasion demands, and under our
statute a poor man has the right to pros
ecute or defend without cost, if he will
make known his necessity to the court.
In forty-five years of practice I have done
more work without pay than I have with.
Insofar as money is concerned. But I have
been well paid, although I have found no
difficulty In living up to my Income and be
yond It. It is not, however, So much be
cause of the poverty of the suitor that liti
gation is multiplied. The wealthy have
fallen Into the habit ot bargaining and
holding out temptation to the weak. That
is a mild term for it; most lawyers are
up with their environment, some get be
yond or above it. I have always believed
that laws were made, not to enrich law
yers, but to assist in the attainment ot
justice between man and man. So far in
life I have had no experience to change my
view, but, on the contrary, my experience
has confirmed me in ray belief. Therefore,
I say that a law against champerty will
diminish litigation and give a healthier
moral tone to lawyer and layman. Bear
the suggestion In mind and when candidates
sprout again for legislative honors and
emoluments, deny them your support
unless they pledge themselves to the re
formation."
STATTE TO A TREE PLANTER.
Movement for a National Memorial to
J. Sterling Morton.
St. Louis Globe-Democrat.
A movement has been started to erect a
statue to the memory of J. Sterling Morton, ,
the founder of Arbor day, In Nebraska
City, which was his home for many years
of his life. The idea seems to be to get
subscriptions from as large a territory as
possible, so as to arouse a widespread
interest In the project. The newspapers
all over the country are asked to mention
the scheme, so as to bring it to the atten
tion of most of Mr. Morton's countrymen.
The movement deserves the encouragement
of all Americans.
The time which has been selected to get
up this memorial Is especially opportune.
Mr. Morton's death took place only a few
weeks ago, and the commendations which
be received from the press of the eountry
then are well remembered. The house has
passed one bill and the senate has passed a
slightly different one for the creation of
a vast forest reservation In the Allegheny
mountain region, and an agreement will be
reached between both branches on this
question as soon as congaess meets n Its
final session next December. A law has
Just received the signature of President
Roosevelt to Institute a general sys
tem of Irrigation throughout ths arid
section of the country, which takes In the
whole region, beginning with the western
ends of the two Dakotas, Nebraska, Kan
sas, Oklahoma and Texas and onward to
near the westerly border of Washington,
Oregon and California. All this in the
spirit of Morton's Idea,
If the person who would make two blades
of grasa grow where only one grew before
deserved better ot msnkind than the whole
race of politicians, bow much greater is
the honor which Is due to the man who
has made thousands of trees grow over an
expanse of the country where scarcely any
were growing previously? As a conse
quence of the Arbor day observance, of
which Morten was ths Inventor, millions
of trees hsve been sst out In the past
thirty years In the prairie states in lo
calities where they were a rare sight until
that time. Over vast stretches of territory
west of the Missouri ths wbols face of
the landscape has been changed through
this means In the past generation, the
climate has become more humid, snd Pike's
desert has been made to blossom In s wsy
which would surprise him if he could see It
now. The rbange has been brought about
largely through the conception of an idea
which Morton expounded with eloquence
and put Into operation with enthusiasm
and persistence. The memory of the old
tree planter deserves well at the hands
ef his countrymen.
THE niRIIT OF PniTACY.
Doctrine Tarned Doirn by Divided
New York Conrt.
Chicago Tribune.
Last yesr a hBndsome young woman liv
ing in Rochester, N. Y.. applied for an la
Junction to restrain rertsln manufacturers
from using her Picture in their advertise
ments. The justice ot the supreme court
before whom suit was brought held that
there la a "right of privacy" which had
been violated and granted the Injunction.
He said a woman's beauty wai her Inviolate
property and not public material for ad
vertisers. The opinion of the justice was com
mented on by the law magazines, some ot
which took exception to the doctrine of a
"right of privacy." The views of the Jus
tice were concurred in by five justices ot
the appellate court, but the court of ap
peals, by a vote of four to three, has re
versed the lower courts. It says:
"An examination of the authorities leads
us to the conclusion that the so-called
right of privacy has not as yet found an
abiding place in our jurisprudence, and,
as we view It, the doctrine cannot now be
Incorporated without doing violence to set
tled principles of law bv which the nmiai.
alon and the public have long been guided;"
me court argues that if the existence
of a vast, undefined "right of privacy" be
granted, not merely the publication of a
picture can be enjoined but any mention
of an Individual in a newspaper or else
where. The neighbors of a person who
does not wish to be written or spoken about
may be enjoined from writing or speaking
about him.
The decision of the court Is that the
young woman from Rochester cannot have
an Injunction and must resort to some ether
remedy. She can bring a libel suit and seek
to recover dama.-es. After long litigation
she may get a verdict which will pay her
lawyers' bills In whole or part. The remedy
Is Inadequate.
If all the court of appeals says as to the
danger of the admission of the existence of
an unlimited, unconflned "right of privacy"
Is true it is possible for a lawmaking body
to define that right and confine It within
reasonable limits. There may be persons
who have so exalted an idea of the "right
of privacy" as to feel aggrieved whenever
public mention is made of their frivolous
or serious doings without their consent.
There is no reason why a law should ba
enacted to enable them to demand writs of
Injunction. The handsome, modest and re.
tiring young woman who finds her features
paraded on flour sacks or cigarette wrappers
la entitled to a more effective remedy than
the one the New York court et appeals says
she can resort to. Laws can easily be en
acted forbidding the misuse of a person's
features the Rochester young woman com
plains of.
The "right of privacy" Is debatable
ground. Judges disagree concerning It. It
will be a long time before It is authorita
tively determined whether there Is such a
legal right and If so what are Its bounda
ries. FLASHES OF FIN.
Chicago Tribune: "stop! Don't fight,
boys! Can't we arbitrate this thing?'1
asked one of the bystanders.
"Yes, sir!" 'panted the fellow who was
on top. "Just as soon as I've blacked his
other eye!"
Cleveland Plain Dealer: "Do you believe
In signs?"
b.et.I .d?' .?." was b,own off a
building in that Inst high gale and knocked
me half across the street."
Somervllle Journal: A girl ran nver be
really sure of a young man unions she feels
confident of her ability to continue to keen
him guessing.
Philadelphia Press: Goodman You cer
tainly were disgracefully drunk Inst night.
Hardkase Was 17 Well, it s pretty hard
to do that sort of thing gracefully.
Washington Star: "What is the distinc
tion between a politician and a reformer?"
"A politician' answered Senator Sorg
hum, l'la a man who Is frank enough to
confess that he is running fnr office. A re
former wants to make people believe that
the office Is rutyilng after him."
Yonkers Statesman: Church What on
earth are they ringing that bell so long
for?
Gotham That's to call a meeting to
gether. "What sort of meeting?"
"Meeting- of the Society for the Preven
tion of Unnecessary Noises."
Philadelphia Record: Mr. Goodman I
understand you were at the prize flsht Inst
night. I'm surprised to hear of you attend
ing such a disgraceful affair.
8portyboy It was disgraceful. sure
enough. Why, neither one of those big
dubs could hit hard enough to dent butter.
Detroit Free Press: Kdear Well. Ktbel
what did you find at that wonderful lire
eaJ?
Ethel Oh. Edgar. I got some lovelv silk
stockings at 17 cents a pair! There in not
a thing the matter with them, except the
reel are Durnea on.
RVBAIYAT OF A. LAKYMAW.
W. D. Nesblt.
I
Wake! For the sun haa scattered Into
night
The ataro that flecked the freckle-face ot
night.
And incense-breathing morn Is here again.
Yet, oh, to sleep some more Is my delight!
II.
The loud alarum rings above my head
And thrills the atmosphere about my bed.
An, nan i out tne maicing or an tnings,
Ere yet the man had made It he were dead!
III.
'Arise! The health-food on the table
steams!"
A voice adown the hallway rends my
creams,
And through the casement float the
sounds of feet
Of men who hurry on to work their
scnemes.
IV.
Outside I hear my neighbor's growling pup,
Below there Is the clink of dlnh anil cup
Ah. what a sorry scneme of lire it Is
That all things thus conspire to wake me
up!
Methlnks the Seven Sleepers, when all's
said, i
Were men who to the Joys of sleep were
bred
Who knew the gracious pillow at its best.
And loved the luring ease of morning bed.
VI.
And when the last awak'ner slow shall
creep
To rouse the slumb'rtng ones on land snd
deep,
Msv he have feeling for my morning nan.
And say: "How he enjoys It! Let hliu
sleep:
EXHAUSTION
When you are all tired out.
feel weak, sleep does not rest
you, and your appetite is
poor,
Horsford'iS
Acid
Phosphate
will revive your strength. In
duce natural sleep, improve
appetite, and restore nerve
power. It strengthens the
entire system, curing the
causes of Headache, Indiges
tion ana iseouuy.
SSSflSS lUl'tfV
BrtSs mm tr
1
