Omaha daily bee. (Omaha [Neb.]) 187?-1922, January 08, 1903, Page 2, Image 2

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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
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
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
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 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 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- ' - -
(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: -.
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
. 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
Bayi Cimsgi U Twio Blwssd In Qiving
and Belnjr Able to Oirs,
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
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.
(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
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.
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.
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
Chleaco Mnn leads fifty Thousand
Dollars to Cnllfornla
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.
Hob During Lata Goal Strike Bends New
Made Wife Home Alone.
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."
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."
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.
Detroit TobaeeonUta Form Independ
ent Million Dollar Clnr
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.
President Itonaevelt Sesils Letter to
. Be Rend nt Comlnar t ele- ,
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. ,
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..
,' nis.'
, Jxo.oofl
1 iL'
' ll.K
Chicago .......
Kansas City -.
South Omaha'....
fit. Ixiuls l.V,.
St. Joseph
Indianapolla .......
Milwaukee ........
Cedar Raplda ....
Sioux City ........
St. Paul
.. 4:.fKi '
,, ' 41, mr
,,, 37!i,UI
247. Wf
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.-'
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.- ' ''
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.
At grocers everywhere; inc. and ISo, par package, ,
t rn. Piniplsa,
trsckJn. - Hoi HstcMs,
Hun " ".
bfrnlsh .a I-
U hs sloo Vi I"
( ftlqf-B.s "
1. ... ' '
. imv u
sura tt . S""
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."
T7 Great .'ones 8t.. N. T.
Woodward Burgess.
Manage ra, .-
... 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''
High Glass Vaudeville
Price, 10c, tU and 60a ' -
llO 1U1.S.
Ifttn and Doualaa lta
Omaha a LtadUig , liotsl
PK lAU r KITlHU. 1
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. . . ,
" " ' 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
1 y 1.