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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 8, 1903)
TITE OMAHA-DAILY J1EE: -TItURSnAY, JAN 17AHY 8. 1003. snd ehanrd th rnfm fund, with a' Ilk mount. Thin la not only the loKloal way ot transferring money of the Stars trnrn on fund to 1 h other, hut In In compliance with th forms of law, and In harmimy wit h the ayetem of aronuni adopted by those Mate. If trm warrant wa properly Issued it .wan fwrfeotly lavitlmata that It shmild he pbM by a rhe-k dnwn by th troaautvr uioa money belonging to the rteneral fund of tha state In the handa of (a depository. Position of the Bank. Tha defendant bank, aa before stated, waa a state depository. Tha depository law provides aa fullowa: "All auch deposl's shall ba subject to payment when de manded by tha" state treasurer on hla check," and aim require that the dnpoel tory bank must give bond "for the pay ment of Bald deposit when demanded by tha stater treaaurer, on hla check at any time." . . It la conceded by the atate that the de fendant bank In tha payment of the che-k violated no duty It owed to the atate na ctstodlan of public funds. The unlawful art upon which thla ault la irrounded la not the payment of the Mate a money on the Hartley check, nor for the aala of tho warrnn. but In receiving the money aa agent for the Chemical National bank, and lia application l.i payment tf the warrant It 'belli the legal duty of the eUUe treasurer to pay the obligation of the atate, represented by warranta, It on Id aeem that the defendant bank ought ti be protected In receiving the' money from hfm and applying It In payment of tha warrant-Utiles It "had notice or knowl edge that ha h using the atate a funis for unlawful purpose. - It la one- of tho -contention of the-atate that the recital fn the warrant "for" to reimburse state slnkftig fund," wad a sufll clent notice to the defendants that tho war rant waa not a Stat' obligation and' waa sufflclwnt to apjirlae them of lta unlawful character." While the recital In the war x.nt ndght be prima,' facie notice -of the purpose, for which, I waa given, arid of lta lllejfnl . cliata;tcr..iB,.Uie. handa jnt anyone but. the a'u:-) pr'Ua trustees, the testimony e'li closed that neither' the defendant bank o: lia offlclala read the warrant and had n knowledge of the recitals contained therein. j-'I a'r. ot' the Warrant. 7 In. general, form and appearance' It waa like all other warranta Imued by the atate, was alfhwd by proper officialsand pur ported on lta fare to have been hrtfulM by authority of law. The only thing, tn dis til gulah It waa tha words written lo. black Ink upon a blank line "for to reimburse the atate sinking fund." .t'pdn the baHcof' the warrant there la indorsed the nam -of J. M. Millard, president, but the 'testimony la dear that this endorsement waa not upon the warrant at the. time of Its' payment, tior Kit U1H endnraiment In thvt handwrit ing of J. H. Millard,, -nor waa It plsced thereon w'th hla knowledge or direction. When the case waa brought before this court upon a former hearing. It waa re versed upon the theory that the question of notice or knowledge' on the part of the de fendants of the lntirmatlve In the Warrant waa proper to be submitted to a Jury. Thla was done upon the last trial and the Jury found forlhe defendanta. The find ing of the jury on the question of notice or knowledge of the Illegal character or the warrant la conclusive upon this report. It la also contended by the state that In an artlon of conversion the motive which prompts a person to receive, dlapor.e of or appropriate property to his own use Is en tirely Immaterial, where the property had been taken without the knowledge or con sect si the owner, and the rase of Cook v. Monroe, 46 .Neb,, 149, and kindred caBea are cited In support of thla contention. The theory upon which the case la cited pro ceeds, Is that the moving party waa an in termeddier, acting without real or apparent authority. Justification for-tha Aft, While the tule In Crook v. Mur.roe, surra, la correct In the abstract, It has no applica tion to a case where tbe act of conversion can be justified aa" having been In any manner authorized by the owner of the property or hla agent or servant having tha lawful custody and control over It. No one would contend that If the owner of property delivered It to a person and re , quested him to dispose Of it In a prescribed manner and the request waa complied with that an action of conversion would lie agtinst such person, and the tame principle of law applies where the' duly empowered and lawful' agent having the control and possession- Of tha property, makes the re quest and glvea the direction. The state treaaurer waa the lawful custodian of the slate s funds; he waa -the duly elected and qualified agent of. the atate; he waa au thorlzeo to draw checks and - to pay. tjie state's warranta; ha directed the pioceeds of the check to be applied In paymentlof the warrant, and pursuance o his VP quest the payment " was so applied, The treasurer In doing this acted within the ap parent scope of hla afllharity and the de fendant bank Tin following his direc tions Is protected unlfnt it had notice or knowledge that a breach of- trust was being committed by the treasurer by an improper application of the state's funds in payment of a warrant which la not a valid obliga tion of the state i The record shows that the payment of the warrant, to the defendant bank aa made In the umal courao ot bualneaa and the proceeds thereof transmitted to the Chemical National bank before any claim was made by the state, or any knowledge brought to the bank or any of lta officers that the warrant waa not a valid obligation of the atate In the handa of the holder. Transaction Al Correct., While the payment of the check and the credits to the Chemical National bank waa a mere matter of bookkeeping, the prac tical effect of the transaction . waa tha same aa though the money had been paid over to Dartley on a check, and he in turn had paid It to the bank In -payment of tha warrant, and the bank had paid It over to the Chemical National bank. The rule la well established that where In due coarse of business money Is trans ferred to an honest taker, who receives It without any knowledge of wrong-doing on the part of the payor, he would acquire a good title thereto aa against the true owner. s So far, we Itave conaidered the case on the theory that the warrant waa valid and the Issuance of It constituted the proper method of transferring the money from the general fund to the sinking fund. But the result would be the same If the warrant be regarded aa though not properly Issued. The fact remains that the state by Its officer adopted that method of making the transfer.. The acta -ere undisputed that the riefesidunta had no actual notice or knowledge of the purpose for which the warrant waa drawn, and aa they had no notice of the recitals -on the-face of the warranta, but paid the check, and applied the money by the directions of the state treasurer la the utmost good faith, they are protected from HaUUty. Good KaltV, of Defendant. Thla was evidently the theory upon which Judge Sullivan proceeded In the for mer opinion, for In It he recognizes the Importance pt good fslth on the part of tha defendanta. and held:- that knowledge on the part of the defendanta as tp lnllrrna tlves In the warrant was a proper queailon to ue euumitien io tne jury, it would doubtless, be differen it had t he defendants known of1 the purpose' for whlolr the war rant was given. Tha theory upon which the case was trlwd In tha court below Involved-the Ques tion of motive or knowledge on the part of tne aereiuiants or ins unlawful purpose to which the atate'a funds were being applied. The testimony- was clear and undisoutrd that the bank offlclala did not read the w arrant. Its general form and 'appearance waa like other warranta Issued by the - - FED THE PROFESSOR. . This On Had "Dreams More Terrlbli Than Yleloae of tha 'The Comet.' M- You musi teed tb professors and teach er rlfc'ht; or they can t do Justice to pupils. I any snouia, oi nu people, posses a healthy nervous and mental organization. The teacher with weak nerves cannot ob tain a good ftfu'gt as tb oae who baa a perfect mental polsa. "It ha been for me a moat difficult problem," said a profeasor connected with a prominent college of the South, "how to keep the nerve In proper condition and the brain In good working order. Lack of proper . opportunity to take exercise, and lrr-ulr diet ana Improper food brought on a general brcak-doa in health. 1 be came irritable and. restless and at night would dream ot mora terrible things than any of Dr. Holmes' visions of 'The Comet.1 "I'rxio the suggestion of a friend, who la a busy business man, I commenced to est Grape-Nats .rery day, and fouafl ln a abort time a great improvement In my beallb the food contained Just, tha right kind at nourishment for my body and brain "that wa lacking. The reatleatness disappeared my stomach ceased to trouble me, mental vlger returned and I am now able to do mors and better work than ever before,. "When -frlenjt expr- sarprtae to Oai m. so well, U is necesiary only t mention tks merits of Grape-Nats." Nam gltu by I'ostum Co., Battle Creek, Mich. slate;, it was signed by prrtper officer and purported to be a atate obligation. In our opinion the question of good faith on tho part of the defendants waa a proper one to too Submitted to-the jury. It follows from tnls discussion that It was not error to overrule tha slate s motion for a peremp tory Instruction to the Jury for a verdict for the atate and against the defendant bank and ka favor of defeodant Millard We have ezamlned tha other error com plained of by the atate. but as It was con ceded that the principal ground relied upon wa the overruling ot tbe motion for a verdict heretofore considered, we will not prolong this opinion. They are' not meri torious. It Is, therefore, recommended that tha Judgment of the district court be af firmed. ...... Judaic Heleorab'a Opinion. Judge Holcomb wrote a twenty-four-page decision, concurring and explaining reasons for participating Tn the case. He said: t.'ntll the commencement of the Septem ber term of court1 I had hoped the case at bar could be decided without, participation on my part In the decision rendered. My disinclination to sit In the cause arisen from the fact that as governor of the atate 1 formally authorized the attorney general to Institute any and all legal pro ceedings his Judgment might approve of which seemed advisable and required In order that the state should recover Its dues by reason of a shortage In the accounts of It former state treaaurer, Joseph 8. Hart ley, which waa discovered to ealat at the time of the expiration of his term of office aa treasurer, and was also cognisant of the Institution of the present action against the defendanta herein - under the general authority as the chief executive of the state thus given the attorney general. '" Since It has become apparent that I must act if a decision! rendered In a .rase I have devoted tome attention to the proposi tion of whether legal dlsqiiallllmtlon as to my participating In a decision eklated, and if so. to make 'formal -declaration, of the conclusion reached In respect thereof, thus leaving a decision of the appeal of the state-' to my two- assnplates,' and If they could not agree to allow it to await the passing of- tlme''ufrtrl by rhhnges In the personnel of tha court a decision could be reached by an agreement of at least two member of the court,-which the constitu tion requires.. In order -to render a valid Judgment of affirmance of the Judgment of the trial, court or a reversal theeof. Ilia yVft Clear."' ' Judge Holcomb , concluded that ,ttWe Is no legal obstacle In the way of! his "partici pation In the case, and In cloalng says: "Entertaining tha opinion , da as Indi cated, J concur with ray associate n the Judgment of affirmance. There is much that occurred luring the trial of tha causa in the lower oourt which I do not approve of, but as tha result arrived at Is the only one that rightfully could be reached,, the irreg ularities occurring at the trial, can, be re garded a error without prejudice,",,, Judge Sedgwick In. closing says:. "Being Justified In supposing, that, the; money In fact belonged to the Chemical ; National bank and knowing that It was Intended by the treasurer to paj H to the bank upon a warrant Issued by the state officers .for, that purpose It cannot be .said that the circum stance were such as to allow of no other belief on the part Of 'the' defendanta than that Bartley In so doing wm converting the money to hie own' use. "'''' '''' Jndgt Sullivan Diase'ntS.' '' In his dissenting .opinion- Chief Justice Sullivan said: . , , The warrant In question i waa.. otwlce handled by Mr. Millard.. Aa agent of Hart ley he sold It to the Chemical National bank, and as agent' of ' the "Chemical Na tional bank he afterward delivered 'It . to Hartley, when he exchanged it for 884.05 of the state's money. The Jury found that the words, "For-'td "reimburse; ' the state sinking f und.'rplainly written upon the race of tne warrant, aia nui "in .lie wtiiiaii, iiw. Mr. Millard' attention when he received it from Bartley, and sent it to New York? ftor 1 wnen fe reeaivea ll jrom ine new, iuik i bank and delivered 11. to Barney, nor even m-h.n If lav nnnn his desk When the Inter est was being competed. ' The- Jury also I found that the possession Miy -Drir-yr oj u warrant aupposed to evidence a. debt due him from the state amounting ro 1180.101. 76. did not at any time ejtcVsMI'-,Ml"r? "" pedal Wonder or cause mm to mquui uj what chance a solvent ! (commonwealth eould- have become aa hes-Wly .lndalte0 to l.tf own treasurer- -,, i -!:;. 1,1 i -,"' He, attack .tnai..jne,oij ,ii.,uit wwmht was paid out unaer tne auinoniy oi iuu iw authorizing the state treto surer' d draw Hhe mohejr and 'declares that rtib Wrorigtul par. tlclpatlon, in the deal try' the bank, enlarged tha authority of the state treasurer - and mads the payment of the warrant and' the embezzlement possible.' '''"'''' "Surely," be said In ' the opinion "de fendants cannot with anyt' show of reason, Insist that tbe unauthorized payment of the warrant, the wrongful . act - which tney abetted and participated In',' operated aa a practical enlargement of the treasurer's ac tion. As well might a parricide ground an appeal for clemency or cotnpasslon on the fact that he was aa orphan. Hartley's real authority was to disburse ther public funds upon valid warrants and not otherwise.. , "Sylloglstlcally stated, the whole -maUer Is this; The statute In effect declare that money can be lawfully obtained from' tha state treasury upon valid warrants and not otherwise. The defendants v obtained-' the money In question rfromrtha trtata. treasury upon a warrant that was not' valid.-, There, fore they obtained It -unlawfullyj , The law does discriminate between 'wrongdoer.-- It makes no exceptions, i Az)o-agent; even though he act in goad faUhv-must, before he can rightfully lay -his bJtnds upon, publio funds, produce a valld-:warrant; the posses sion-of something that looks -like a warrant is cot sufficient." . . Jndare Hnstlnas Dissents. . .- In his dissenting opinion, Jugq Hastings said: "Whether the' warrant was, void or valid, it. did pot belong to "Bartley and h had no more right to' sell' It thin he had to ell the atate. capltof bujldlp'g' or the ground upon which It stands. The title tp the war-; rant never vested In him and he' could not transfer , to another f 'endorsement that which ho never possessed.' He could not divest the title of the state tn the wArrant by sale thereof to ' the ' Chmlcai National bank, since be possessed no power to sell r1 tins'ilia fa ff Vi n Inalsimianl ' Commissioner Hastings ' contends' that Bartley bad no Interest in the warrant', th faco of the ihstrument' disclosing none,1 add therefore he could have sold or trahsferred no Interest.. He holds thKt It was a genuine case' pf copversloo'. ,'JFi(i,'re'coramejids that the case be reversed in the dUtriQt.court. . Commissioner Kb kpatrl.ck took nQ part in the case. , , ;K l i. -- ' . ,r,. ' ' IHatorzc i wt'the' Caen,,,,- In April, 18S3, pVlo?Ht tBf adjotirnment of the leglBlaturef1 the Caji'ltat National bank of Lincoln failed.' The state waa' a heavy depositor In the pknl at that time. Its sinking fund alone having td it credit there the aum of 18,101.7S tdr the oaten- tibia purpose of reimbursing' the sinking; fund out of the TfenrrKl'fund, "T)q account ot the apparent tosa; the-legtsratuae Under took to pass an act containing -smb. pro vision. 'The act was a general appropria tion bill entitled is follows: "'An act mak ing appropriation tor turrent expenses of the state goverarnVdr "for thd" year ending March 31. ia$i art kJarcn- UrV!t and to pay mlscellkaQtutisaja !.' JUurbteilness.i owing by the tsteof Nebraska." Among the Items In tha. adt. iadef the head ot curratr expenses, was the following: '.'For state- 'alnklng fund, ft380.101.7S ' to reim burse said fund for a'rpfiunr. tied up In Cap-. Itol National bsnk." .1' , Tb -act waspasnd and approved April 10, 1195. On Wom 4ay wht pur ported Uo be a sttta warrant was Issued and 'delivered i Ji S, Bartley, the' state treaa'hrer. - ' ,-V"? ,' . '" . ;'.? " " - . ' The warrant was fort n with. pfcEeeated for payment, not paid for want afr funds and registered. A few dys later ifUrtley ds llvered th warrant tot J. "H- StfUlard and IhrougTT Ijfia aoJjjUlo. the- Cbemscal Na icnal bank of New Tork. Bartley He-deems Warrstt, I In OitotirAi. tha New York bank sent the, warrant to th pmahh National, bank for collection." It remained in poaseaalon bf the Omaha bank until January t, H97. 1 On that day Bartley called on Millard and aftwr a consultation with him and after Millard had received, the warrant from the caahler of the bank, and after tLa interest bad been computed thereon Bartley executed and delivered to tbe defendant bank the check aa state treaaurer - for 1201,884.05, payable to the order of J. II. Millard, presi dent, and In return received the warrant. The check was drawn upon the general fund of atate money on deposit tn tbe bank. On the same day tbs check waa paid by charging to the account of Bartley aa tate treasurer the sum of $201,884.06 and crediting tbe account of the Chemical Na tional bank and an Atchison bank with a Ilka sum. At the time of the transaction tha Omaha National bank waa depository for stats moneys under the depository law. The action waa brought to recover from The defendants the amount ot money lost to the atate on account of thla participation In the redemption of the so-called warrant. Tha first decision wa against the : atate and a reversal wa (ought. - It waa tnt back and again Judgment rendered for the bank by Judge Baker, froth which the state appealed to the supreme court. Tbe case ha been argued -and reargued several times, the laat only a few weeks ago, the state being repreaented by Deputy Attorney General Norrl Brown and -the 'bank by John C Webster," R. 9. Hall and J. Connell: Decision h been ' repeatedly withheld' Until now. - '? v- ' - - BEET SUGAR' MEN GIVE' IN (Continued from Flret Page.V Ispheret M.The 'opinion' was qolte ' general that favorable action upon -the agreement at this time by ..the United. States would have a good effect upon the. settlement of the differences between Venezuela and tha European creditors, of that nation. . lovrn Postmnatei' Confirmed. The senate "today confirmed the following nominations: , . . Charles. Page Bryan, minister to Portu gal; David J. Hill, .minister' to gwltter land; Francis B. Loomls, assistant secre tary of state; William R. Estes, consul at Antigua,. Vt I. Postmasters:. Iowa W.' P. Laldley, Ban croft; William H. McClure,- Fontanella; S. J. Mack. Inwood; A. B. .. Chrlster, Xske Park; D. B. Ellsworth, Lohrvllle; E. H. Farley, Sloan; -T; J Hoffman,' Vail;' I. I. Hosier, Battle Creek; I S. Coby. - Ha warden; R H. Carr, Ireton;- EL- M. Parker, Newell; W. R. Orchard, . OUdden; J, W. Foster, Humboldt. California W. : Hayes, Colton; C. C, Ortega, Bonora. Washington R. H. Harding, Port -Angeles. Oregon--L A. Olthena, Athena; P. Proctor Elgin; 7. E- Wilcox, Milton; H. E. Merwln, In dependence. . f Telia' of Antipodean Vnlons. ,In answer to many Inquiries, ' Frank Dillingham, United States consul at Auck land, N. has submitted to the State department a summary of the Industrial Conciliation apd ATbtratlpn .act,, .which he says has thus far given satisfaction. .One feature ot the New Zealand law Is a sec tion making Individual members ot a labor union liable for. any deficiency In the as sets of the union when the latter Is the subject of an adverse judgment by a board . . , . . ..... , ,, .. . . ' m or cuun, out ,iuo niun j num l to in, each case,- It. alao Is provided tint unions, n both of workers and employers, may sue and be sued. . Hour Introduces Second BUI. Senator Hoar today Introduced a second bill. It provides especially ' tdr the expe diting of suits In equity brought under the provisions of the' present sn'tt-trnst law. It authorlres the attorney general', 'bf fhe TJfj1ted"'States to' Hie a cer!ncwte"rri' any l'at V4se 'ttehdlnV In any.'ftrcult':ctllrt1bt 1 the United States to the -effect (hat- the , case "la' 1 of 'general' twWid" iotane" "A Copy ot the papers tn thir case' Islhen to be given' tt each of the' circuit judges -of the court. and It la thereuppn to be given precedence over case and to be, assigned for bearing at the earliest practicable' date, t Representative LlttlsBeld" introduced tho samS'blH In the house'. ' " 'v " "' Wants Finance Commission. Representative Morrell (Pa.) offered -a Joint resolution today authorizing the pres ident tO.appolnt'a commission to consist of the secretary ot the treasury the comp troller of the currency and such others, as the president may deem necessary to inves tigate existing financial lawa and to devise a flnancjal system which will remedy what ever faults they may find In, the existing system. , . The resolution . provides for 1 a report to congress at the. next session. ' Action on Cnban Treaty Postponed. The Cuban reciprocity treaty was consid ered at some length today by ths senate committee on foreign relations, but ac tion upon It was postponed in order to afford an opportunity for the presentation of the vlewa of the 'beet sugar Industry, irii' probable that a special meeting will bo held on' Friday for that' purpose. There was a general exchange of views upon the treaty .of a nature to lead to the conclusion tliat the treaty will be favorably reported and Without, any great delay. . ' Conllna; Station In Cabs. '. j. The indications are that the United States will satisfy Itself by claiming only one coaling station In Cuba, ' namely at Qnantanlmo, athough' the Navy depart' nient la very desirous of acquiring at least two others, ons at Cienfuegoa and another probably at Bahia Honda, which1 seems to have been selected Instead ot Nlpa, as tbe beat port on the northern coaat next to Havana, which cannot be had. The Cuban government has been made aware 'of the wish of the. United States and tbe subject will boob come up for adjustment. ' .: - ' ' Pay' Heapecta to Secretary; 'V ) Mr. Balnbrldge, secretary ot the United States legation, at Pekln, and United States Consul Ragsdal,. at Tlei) Tsln, called upon Secretary Hay today, to pay their respeots. Consideration oi Antl-Trnbt Bills. i The ' sub-oommrttee of the house Judi ciary committee resumed consideration o day of -the 'antl-trusf bills.'- The sub committee expects to get -a bill In 'shape to report to tbe full committee by Friday: -. CARRIE-1 NATION BUYS HOME Acqalrea Qnnrtera for Hoastna; Drnnk- , nrdV WlTti nt Knnana City, Kansas. .1 ' -KANSAS CITY. Mo.'; Jan. T. Mr. Carrie Ration today bought-a residence at Kanaa CKyi Kln'.tSTie uaed aSlt heJoe tor-isfuhjt- srds' wives. :- '' 'The price wss $7,500, and It Is Understood that Mrs. Nation will apend; several thou sand dollars In Improving the property, which will be turned over 'to Iter within three months. 'The money to establish The home was rslsed .by Mrs. Nation,' on thr recent trip' eaat. vV ' Vv .V , KANSAS ; CAJTLEpN , KILLED Abrnhaaa . front. MtUs' .tries When Throw 'n His Wiivb In Indian ": Tarrltary. i . t . CHETOPA, Kan., Jan. T. Abraham Mills, tat ons time the prlnlpal cattle owner iu this section, wss killed today at hla farm In the Indian .Territory, juat north of here, by being; thrown from his wsgoa. Hs wss well known la the south and was (6 years old. PRESIDENT ' OPENS LIBRARY Bayi Cimsgi U Twio Blwssd In Qiving and Belnjr Able to Oirs, PHILANTHROPIST CALLS ROOSEVELT GREAT Ileelnrea - that - Amerlen'a - - Rnler Has Illsrher Honor Than ( rowned Head! and Hanka Donbly Illah as Anthor. WASHINGTON, Jsn. 7. President Roose velt snd Andrew Csrnegle were the central figures at tbe formal opening- todsy of the new library the latter has given to Wash ington. - . t Among those wh attended the cere monies wer members of the cabinet, of the senate and house- of representatives and people prominent In civil life throughout the United States. The library building Is a -beautiful white marble structure, occupying the center of Mount Vernon square, In the very hertrt of Washington. For Its construction Mr. Car negie donated tJfS.OOO. Today's ceremonies were merely Incidental to the transfer of ths building from the b'tlldtfig committee to tb board ot library trustees, of which Theodore W. Noyes, associate editor of the Washington Star,-IS president. Prior to the format exercises tbe orches tra of tbe Marine band rendered a special musical program-. 1.' Carnegie T tea Blessed. . Th dedication, exercises Jasted scarcely .an bour. , After,, the bishop ot Washington, the Rt. Re'vPr Satterlee, had pronounced prayer President Rosev?lt was introduced and spoke a follows; ,1 count mysejf fortunate Jn being able to come here today, not only for my private individual Sake but-af in some sort rep resenting the -people of all the country, to expreaa my. profound appreciation of what is emphatically a gift of wisdom, a gift to do the utmost' possible benefit to all the people of this country,, from , you, Mr. Carnegie. . ' It seems to me" that' the man has a right to call himself tnflee blessed who combines the power and the purpose to use his wealth for the benefit , of . our people at Uirge In a way that shall do) tTiem real beneht, and In rlo way can mreJ fceneflt be done than in the -gift of libraries such as this, a free li brary, where each mnn, each woman, has a chance to get for' Mm or herself the train ing that he or -eh has the desire tn. Of course, nor, common school system lies at the foundation, of our educational sys tem, but It Is th foundation only. Of those 'who are to stand pre-eminent aa the rep resentatlves of culture In the community, the enormous majority must educate them selves. The work done by this library Is helpful, because tt represents one side of the way n which all healthy .work .in this commu nity must be dune. Mr. Carnegie, neither you nor anyone else can make a man wise or cultivated: A1U you can do Is to givo him a chance to add. to his own wisdom, or to his own culture. That la all you can do In any kind of philanthropic work. The only philanthropic work that counts In tho long run Is the work that helps a man to help himself. That Is true socially, soclol. ogleally and in every ' way. The man who will aubmit or demand to be carried is" not .worth carrvlng, and If you make the effort It helps neither him nor you, but every man of ub needs help, needs more and more to be given the chance to show for himself tbetuff that la tn him. . . - . In other words, thla Is the kind of gift that steera the hippy middle course be tween the charybla of failure to show pub lic spirit on the, one-hand, and the sylla of showing that public spirit in a way that will demoralize and' pauperize those who take advantage of it on the other. To quote an expression that I am fond of, this Is equally fRr frenr the two;jrime vices of our civinzntln'nKnar'dness of heart and soft ness of head. . I am not here -to. mk,.a speech; I un fortunately have to leave at once, as the president has ssversb duties to perform; I have come because I feel that the move ment for aecurlng faettthes for aelf-trainlng, better facllltlea for aeir-traintng in lta win pat and broader.t and deepest sense la one of such jirUne.miportsnoe. that, tha presi dent of the ,lnlted States could nowhere more appropriately come tnan to tnia build- rng St this time "to fhsn-k you, Mr. Carne gie, for tho-glfe.zhat-you fca-e made to ths people of the national capital, , When the applause had subsided, tne president left the, auditorium, .the audience rising , as he' passed out, and the Marine band playing "America." "... In . a brief address, P. B. F. McFarland, one of ths commissioners of the District ot Columbia, turned,. the building over to the board of library trustees, Mr. Noyes re sponding on behalf of the board. Mr. Noyes' speech was an eloquent tribute to the liberality of Mr. Carnegie, wbom he dubbed, "'Santa Csrnegle.. the. patron saint of house .libraries, who .transformed by word .or touch of tha pen a cramped, crowded make-shift ot C library building Into the marble palace In which they were assembled today." ' Koosevelt Greatest of Men. Mr. Carnegie waa- next Introduced and given an ovation "by the great audience. He said In part: The free library, -maintained by all the people, for all the people, . knowa neither rank nor birth within Its walls. Even he whn honors us tnrinv bv hla ausufit Dres- ence, the honor of the highest position on eartn, the elected or uie majority or tne Enallsh-sneaklnK race, a Doxitlon compared with which all Inherited positions sink into insignificance, within these walls haa no DrlvJleaea whlchils-not the riant ot nis poorest and humblest fellow citizen. Free libraries maintained by the people are cradles of democracy and their spread can never fall to extend and strengthen the democratic idea, equality of the clllsen, the royalty 01 man. iney are empnaucauy fruits of the true American ideal. But while the president thus stands on the common level aa the president, we cannot fail to remember mat in tne xree 11 or ax y he haa a place denied to the official, aa a prince in the republic, of lettera, a rank won long since by Theodore Roosevelt, the author. Before he was president he had. Caesar-like, not only cautd his fellows to mark him and write h'.J speeches in tneir books, but had made books for himself. 1 doubt not tnal ot me nouns laaen irnra this library his will rank high In the list. We hail him today, therefore. In the dual capacity of prealdent and author, positions unsurpassed In their several sphered, won derful in' combination. . I has given, ctneny witnin tne past two years.. -730 library muimngs. uunng me month 0 July last. 278 - applications for library buildings were received by me from all parts of ths civilized world. .' When I ar rived at New- York-last month from Burope I found waiting, applications ror ttnu aani tlonal buildings. .Today I have on hand 378 new application, making in all nnder con alderatlon now more than Sm), the great majority of which" will, no doubt, be glvnn. 1 have seldom or never known a great success made by a Jack-of-all-tradea, tha board member In twenty companies, the controller of none. I am In the library manufacturing buslneBB and beg to be al lowed to concentrate my time upon tt until ! Hllert. It ta. not charity, thla la not r.bllanthronv: It is the people helping them- eelvee dv taxing inimm-iv. rnantv lunnii irum kuuu uro- tlves, most of If ta a mere pruning o' the branches of the -upae tree. We must get to the roots ef the poverty, the misery and the crimes which still darken human so ciety, but which, let us gratefully remem ber, become lesn and leas under the great law of evolution. Upon the conclusion ot the dedication ceremonies the library was thrown open to the public and thousands of people passed through It during tbe afternoon and even ing. - . Carnegie Donblee Gift. Me rrneirle after the dedication, aald that he waa so well pleased wl h ths new librsry and tbe uee made rf his g 'ft that he would donst soother $330,000 for the ..Iai, f branch lihrarlea on the aame condition as tbs original gift, nsmely, that tbe cKy provide tn sues ana arrange tor the support ot the UDraries. Brlnery t'aaea Ar Submitted. JKFFER8fN CITY. Mo., Jan. 7 In ths supreme court today the caaea of Harry A. Kaulkner and Jullua l.ehmann. membera of the 6t. Lami!s house of delegates, con victed ot perjury In connection with street railway franchise deala, was argjed ai.J submitted. Attorneys T J. Howe and Thiimaf A Ilarvev aiioka for Aim defend ante and Circuit Attorney Joeeph W. Folk n' St. I-oule and Attorney General Jeffries for the atate. A" decision, Is expected next mouun FIGHTS . TO KEEP WIRES Western I nlon SeeUa Injnnrtlon Aanlnst Pennsylvanln Railroad to Restrain Removal of Poles. CHICAGO, Jan. 7. The fight between the Pennsylvania railroad system and the Western t'nlon Telegraph company was carried Into the federal court today when the telegraph company filed a bill tor an Injunction to restrain tha nttsburg, Cin cinnati, Chicago St. Louis railroad from preventing the operation of Its business cn the railroads sfter June 2. The telegraph company assert tbat such action would cause great Injury to Its business and Inconvenience to the public. Tho contention I also made that the com plainant has certain agreements with tho I'nlted Btates government for the trans mission of messages and that these agree ments cannot ' be Interfered .with by the defendant The Western I'nlon also bases Its potltlon on the claim that It has con tracts with the defendant company and Its predecessor under which the use ot the right-of-way for poles and wires canrot be taken away. LESSONS OF BOOTH'S LIFE (Continued from First Page.) could give until they had no more money to spare, and yet there would be compara tively little accomplished. For Instance, gentlemen. Tine of our London homes for women Is entirely supported by the efforts of those who have been saved through It. In some way our strength Is our weakness. If It were n6t for our religion we could get much more support. But we must work through Christian motives, tor you can only alter a man's life by changing his heart." In answer to a question In regard to the progress of the army In this country the general said: "I And the army has made good progress in all parts of ths country clnce my last tour. I have ieen four times In tbe country snd esch time found good advancement. You have here now practically all of my schemes In opera tion The land colonization work Is under way, the principal location being In Colo rado. I have not been In your city for eight years," here the general smiled remlnlscently, "and I find that both the army and the city have made great Im provement In that time." In tho Party. With General Booth are Commander Booth-Tucker, Consul Mrs. Booth-Tucker, Colonels Hlggtns and Lawley, Major Cox, Staff Captains Lewis, Wright and Dammes. Since their arrival In New York, October ,4, they have crossed the northern states snd returned via Salt Lake City, holding 134 meetings and winning 1,545 converts. They will continue to the eastwsrd, going first to St. Joseph and Louisville. NOTES AMERICA'S GROWTH Berlin Professor Hejolces at Proitreaa Made Through Roosevelt's Itrtl ' ' Ilant Personality. . BERLIN, Jan. 7. Prof. Siemman of Berlin university In his annual survey of foreign relations says: The United States In the course of the year have grown mightily In power and influence, chiefly through the brilliant per sonality at the head of the great republic. rnnci nenry s visit orougnt a livelier 1 consciousness of the common Interests of 1 Germany and the people of the United States. In America, of course. It has not I been without opposition. How could it 1 possioiy be otherwise .considering the wicked agitation which has ' continued against us so long completely unhindered. : Asks Million for Houses. BERLIN. Jan. 7. The minister of the In terior In the budget estimates asks for $1,- 000,000 for building dwellings for laborers employed In the government shipyards at Kiel, Wilhelmshaven and Lantzlg, and also for housing minor offlcigls in the crowded Industrial districts, and to be used for loans to building societies whose membership 1 exclusively composed of minor public serv ants. This Is a continuation of ths policy begun In 1901 with IbOO.OOO and continued In 1902 with $1,000,000. Cholera Kills Soldiers. MANILA, Jan. .'The American garri son at Ormok, Island of Leyte, has been attacked by cholera. Nine men of Company B, Eleventh infantry, were seized by the disease and five ot them died. The post nt Ormok has been quarantined. The chol era has disappeared from many parts of the Island, but it continues In Mindanao and Leyte and certain parts of other of the southern Islands. Disown Fleelnsf Archduke, VIENNA, Jan. 7. The member of the Tuscan branch of the Hapsburg family re solved today to pay Archduke Leopold Fer dinand, who accompanied his slater, the crown princess of Saxony, when she eloped, his shsre of the family fortune and dismiss him from tbe family. Line Stopa for West of Cnah. SAN JCSE, Costa Rica, Jan. 7. The gov ernment Is unable to provide fund with which to complete the railroad to the Pa cific coaat.' It is negotiating with the American contractors for the line, to stop work and receive an Indemnity. CLAIMS BABIES WERE FED Mrs, Ting-ley's Workera Ileuy Allege tlona Made In Tbeoaophlat Libel Bait. BAN DIEGO, Cal., Jan. 7. When the Tingley-Tlmea trial opened today Mr. Louis Kramer, who has charge of tbs kitchen' and commissary department at Point Loma. said the children were given an abundance of the best food procurable. ' Dr. L. F. Wood, physician at the home stead, wss next called and was asked bow many Infants-ln-arms there were st tbe In stitution? "About hslf a dozen." "Who were their mothers?" "Borne were orphus and in at least ons Instance the parents lived st the homestead, ths babies spending part of the time In tbe colony and part with parents at the home stead. GIVES COLLEGE BIG FORTUNE Chleaco Mnn leads fifty Thousand Dollars to Cnllfornla Institution. SAN DIEGO, Cal., Jan. 7. D. K. Pearsons of Chlcsgo bss given tiO.OOO to the endow ment fund ot Pomona college at Claremont, Cal. Thla sum was originally offered con ditionally upon a (67.000 debt on the col lege being paid by tbe first of this year. This wss dons snd Dr. Pearsons bss kept his promise. In the Hnnda of Johnson. CINCINNATI, Jan. 7-'haJrman Her mann of the National league peace com mil im, stated today that he had sent 1 letter yesterday to President lian Johnson of the American Uase ball league at C'hl-,-Mirr. leaving every thins to him so far as fixing a data for the conference la con cerned. Hermann said he could get the Na tional league membera together at once when Ban Johnson fixes the date and they would have full and final power. If any of them desired to confer with their partners lf,. tinal action It would be done by wire so as not to delay the proceedings or a decision to any appreciable extent. SEPARATE" BRIDAL COUPLE Hob During Lata Goal Strike Bends New Made Wife Home Alone. JUDGE GRAY AST0N.SHED AT STORIES Cannot I nderataad Aliened Slate ot Affairs In Penaaylvnnln When Tales Are Told by Non. anion Miners. PHILADELPHIA. Ta., Jan. 7. The non union men continued today to present the eoal strike commission with evidence of lawlessness, In the anthracite coal region during the strike. The testimony Included many arts ot violence, from murder down to plain as sault "nd petit Inrreny. Dynamite played a leading part In the alleged persecution of nonunion men and their relatives. Five witnesses said their houses were mors or less seriously damaged by high explosives, while others told ot bridges and fences damaged by Incendiary fires and the at tempted wrecking ot trains. On, witness said be waa, stabbed. Several were boy rotted and others beaten by , crowds and bad their houses stoned. Resides all this' a young woman told the commission that she was dismissed as a school tearh6r because her brother chose to work during tha strike. A young man said he was attacked' ss he wss coming but of church after' being married and forced to see refuge while his bride got home as best she could, snd snother witness said he was afraid to attend the funeral ot his mother, who had died while he was work ing behind a colliery stockade. Other tes timony was also presented In tbe endeavor to show that a reign of terror existed dur ing the strike snd that members of the union were largely responsible for It. Separate Bridal Couple. The most Interesting story of the day was told by Thomas Waahaiskl of Hazleton, a clerk for Pardee & Co., who was married cm the night ef September 16. He wss at work' 01 the colliery snd his neighbors began? to annoy blm. On tbe night of tb wedding a small crowd gathered at the Catholic church and as the bridal party en tered the edifice he and his bride were called "scabs." On coming out after tbs ceremony he was assaulted by the waiting crowd, which had greatly Increased. Ths driver of the carriage was not permitted to take the couple home and the witness sought refuge In the parochial residence and the bride wa escorted home In a trolley car by friend. Whllo In the parochial residence the crowd remained in the vi cinity, calling , the bridegroom vile name and ye'.llng "scab"" at th rector of the church because he had performed the cere mony. Later on he managed to get away from the bouse and spent tbe night In the col liery, being afraid to go to his room. Ths bride spent an anxious night, ss some un known persons came to the house and, threw stones at tbe place. All" listened to the story with close at tention. Judge Gray remarking at the end: "What sort of a, community Is this, sny 'yT' ' During the proceedings James II. Torrey of Scranton, counsel for the Delaware aV Hudson, Interrupted long enough to ex plain the law In Pennsylvania regarding tbe payment of deputy sheriffs for special duty, saying corporations footed tbs bills. The operators would, however, gladly Join the miners In asking' an'nmendment so that tbe companies asking protection would not have to pay for' it knd tbat the burden be placed upon- the people,- There It belonged. judge Lit ay asm ne waa giao. to near mat ac attempt would be made" to atnend'th laws to that effect and added that, with all due respect i the' great commonwealth of Pennsylvania, be thought It was a "most deplorable ' sUte of law" when a sheriff could not hire help, but must depend on the rich to assist him. '""If that' be tho case," he said, "the' poor' ars helpless." WANT LAW ON COAL DEALERS Chlcaaro Manufacturer Aak that Spe cial Grnnd Jury bo Em paneled. CHICAGO, Jan. 7. The committee ap pointed by ths Illinois Manufacturers' as sociation to Investigate the causes of the coal famine called on State's Attorney De neen this afternoon and urged blm to em pannel a special grand Jury to act on the evidence tending to show Illegal methods employed by the coal dealers to rslse prices. The committee left with the unuerstsndlng that further facta bearing upon- the situa tion would be presented to tha state's at torney "There csn be no question about the legal rights," said Mr. Deneen, when asked ss to his probable actios, "if they have tbe necessary evidence. We discussed tbe gen eral scope of the esse and the law bearing upon It. As to whether there will be a special grand Jury called I cannot say." ' The action of the committee followed a meeting earlier in the day, at which, re plies from a large number of manufacturers throughout tbe city to-a circular sent out by ths- association were considered. Th chairman, E. A. Eckhart, declared that ths complaints of the manufacturers were al most unanimous to tbe effect that coal could not be secured from dealers even where purchased under sn -Ironclad contract, ex cept at an almost prohibitive price. "There seems to be S'lenty ot coal." said Mr. Eckhart, "but the dealers ars holding It bock In tbe yards ot the railroads until they cSn get their price for It. Tbe rail roads, on the other band, seem to be do ing all they csn to relieve the situation scd to be ready to'rocelVe, transport and de. liver coal. ' "The letters convey 'he Idea that many manufacturers will be compelled to close unless the situation Is relieved. Msny large firms complained, tbat tbey bad been com pelled to pay 14.60 to 6 a ton for soft coal coitravoted for at ft. 70 to IS a ton." MEN MAY COMMANDEER COAL Ottawa; Knnana, Haa Fuel for Two " Days Only and Healdenta Crow Beekless. OTTAWA, Kan., Jan. 7. Ottawa is bow experiencing ths worst coal famlns in It bUtory. Only ons carload of coal has been sidetrscked here In three days and tbsr Is not enough coal to last the town two days. Unless relief comes soon there Is danger tbat coal passing through for other points will be confiscated. A cold. wind is blow lug from th north tonight snd many fam ilies are suffering severely. NEW FIRM TO FIGHT TRUST Detroit TobaeeonUta Form Independ ent Million Dollar Clnr Company. DETROIT, Jan. 7. Prominsnt Detroit capitalists snd men well known In tbe cigar snd tobacco business have nearly com pleted tha organization o( a $1.00o,00 Inde pendent cigar company to compete with tbe trust. J. H. Brown, -who wss head ot tb firm of Brown Brothers of Detroit when that concern sold out to th trust last soring. Is credited with having engineered tbe deal. GREETS YOUNG ENDEAV0RERS President Itonaevelt Sesils Letter to . Be Rend nt Comlnar t ele- , brntlons. BOSTON, Jan. 7. The twenty-second n nlverssry of the , formation of the first Christian Endeavor society! In February next will be celebrated by at least 4,000,000 members In all parts of the world. The Christian Endevor World baa re ceived the following message from Presi dent Roosevelt, which will be read during the celebrations: I greet you and wish yoii well. Your body stands prominently among the organ isations which strive toward realization of Interdenominational and International Christian fellowship, as well as among those which stnfid for Ideals of true- clt Isetxhlp; thst ta, for the tultlvntlon nt alone of a hiah stnmlnrd of civic and social righteousness, but of the strength, courag and common sense necessary for living up to such a standard. . , - With all good wishes. , THKODORE ROOSEVELT. OUTPUT ;0F PACKING:,, HOUSES Large Inrrense In Market loaj o( Hors as Comparod with .Pre-ced- . " Inr Werk! ' CINCINNATI. P Janv.7.'4pocJ, tele fct am.) Price,. Current, says:. ,f The ., total western parking ifi 48O.0t)O oemj-ared with J80.000 the preceding week. and. ,ji)An00 lsl year. .Since November 1 tbe total. Is 4.8S.V 000, against J,JSO,000 a year ago. , Promi nent places compare as follows;., , , J?'l.. 2,J76.ii 7W.oii ,' nis.' , Jxo.oofl 4K0.0S1 SllS.ncul 2.1.tmn. Jnl.lxl 1,'Kl.Olfl 1 iL't.om ' ll.K . lTb.0t.sj Chicago ....... Kansas City -. South Omaha'.... fit. Ixiuls l.V,. St. Joseph Indianapolla ....... Milwaukee ........ Cincinnati Ottumwa Cedar Raplda .... Sioux City ........ St. Paul ..LTfi.tmo .. 4:.fKi ' ,, ' 41, mr ,,, 37!i,UI 247. Wf l.llA1 IM.01W, "I4n.OiH la,lMl-. INSPECT? IRRIGATION . WORK Chief llydrograpbrr Visits - Colorado Hirer nnd Goe Kat. with Report. - , PHOENIX. AH.. Jan. 7. F.'M. Newell, chief hydrographer of the" 'geological sur vey, has returned after an Inspection of tha Surveys being made along the - Colorado river, with a view to future storage and Ir rigation enterprises. '' He visited the camps of the tdpftgrapfclcat surveyor In thl valley and had a confer ence wlthAhe officials having charfte of the Tonto basin storage enterprise. ' Tie left today for Washington vl Denver.-' FIERCE FIGHTJVITH THIEVES Ono Is Shot nnd Fatally Injured by Posse nnd Another I Captured. ' EAGLE, Wis., Jan. '7, As a result, of as encounter early today between a posse oi Eagle citizens and four burglars who had robbed a livery stable, one robber was shot probably fatally, - v Two of the four -were captured, but-the other two escaped to the woods. . One' of the eaptnred men had on his person two bottles ef nttro-glycerlne and a complete set of burglar. tools and two revolvers.- ' '' THE PURE GRAIN COFFEE If you uso Graln-Q in placa of.. ' cofTesj you will enjoy it just as much for It tastes the same; yet, It - is like a food to theJ system,' dis tributing the full substance of the pure grain with every drop. TRY IT TO-DAY. At grocers everywhere; inc. and ISo, par package, , A SKIN OP BEAUTY IS A J0V FOREVER DR. T. FELIX COLRALO'S ORIENTAL CREAM. OB MAf.lfAl RFIIITIKICB . t rn. Piniplsa, trsckJn. - Hoi HstcMs, Hun " ". snd bfrnlsh .a I- U hs sloo Vi I" ( ftlqf-B.s " 1. ... ' ' . imv u sura tt . S"" 1CCWI U ouni-rl-ii ' i.Ltnll : M m 9 as . st a - . . 1 - -11 . 1 1 tim 1 r recom- 1 mend XIOUBAUDB CREAM' as th least ... . ... . , 1 . t .. .. tlnna 11 ut sal bv all drueaiat. and fancy gooda deal ers In the U. 9. and Europe." FHRD. T. HOPKINS, Trope T7 Great .'ones 8t.. N. T. AMI'S RMRXTB). BOYD'S, Woodward Burgess. Manage ra, .- FOR ENTIRE WEEK SPECIAL MATINER TOMORROW AND ... BATL'RUAY. :r . .... Klaw & ErJ anger's. - prices -Mat. and night, toe, Tic. 1.00, II SO, (2.00. Uallery seats oh sale fur all pvrform ancea. Free list suspended fori this en gagement. Curtain rises at et p, m. and p. m. Bunday and Mondrty Nfghts'' . "THE HJCAHT OF M Alt YLAND.'.' OR BIA HTO N - TELEPHONE 1531. High Glass Vaudeville MATINEE imT$ TOKIGHT, nilB. Price, 10c, tU and 60a ' - llO 1U1.S. TUB MILLARD Ifttn and Doualaa lta OMAHA, HUH. Omaha a LtadUig , liotsl A PK lAU r KITlHU. 1 LUNCHEON. FIFTT CENTS. li .M to J p. m. 1 SUNDAY. W p. in. L1NNER. Jtc (Steadily Increasing bualneaa haa' -neocssl tatsd an enlarsemant of this cats, doubling Us former capacity. . . , MOT SPRINOS, ARKANSAS- IS PARK HOTEL CLASS " " ' i ' . Flntsi Cafea West of Now Tork. fSO.buO 1 1) hecent improvements. Open Jan. itrd to May 15th. Lluder New Management. J. H. Hayaa, C A. Brant, Leasees Wm 1 y 1. IVJ-v w 1