Newspaper Page Text
page two THE SALT T.AKE TBmuaOS. honday aicrayiarg, December 5, looj
H Law Forfelds Sectarian
'Remarkable Opinion Given
j by Supreme Justice
David J. Brewer
Which Bears With Striking Force
H j on Present Agitation in
I This State,
Whether or not il 13 lawful to leach
"rollglon classes" In the public school
houses, or to use public schoolhouses as
placet! for sectarian worship. Is a ques
tion that la as old as tho constitution. It
Is al90 truo that tho great majority of all
thinking men and women believe such
uso of public school buildings should not
Locally- the quostlon Is an acuto one.
and considerable feeling has entered Into
It. to say nothing of the bias and preju
dice. Tho Dcscrot News, to quoll tho mutiny
In tho rnnka of tho supplicants of tho
- faith It "presumes to defend, reproduces
1 In a recent Issue a sermon by President
1 Lund. In which ho defends "religion
' President Lund's View.
Ho says In part: "Now, we have no
objection to our friends of other denom
1 Inatlons establishing classes and teaching
their children tho principles they bcllove
in. Our Catholic friends set us a good ox
( amplo In this respect. They will not lot
1 their children bo neglected in religious
1 Instruction Wo do not object to others
teaching their children so long aa thoy
do not teach our children what wc do
not want them taught. Wo want our
children to recelvo the kind of Instruction
that wo know to bo all-Important to them.
This Is all thcro Is to tho religion classes.
Wo are not attempting to mix
church nnd stale; wo do not want to In-
trude our religion into the stater schools;
but wo do claim tho right to have our
own children taught In tho principles that
wo believe; nnd for this purpose wo
gather them together. In places whero
there are few, If any, 'Mormons,' we may
hlro the echoolhouac after tho school has
been dismissed; but wo particularly urge
those In charge of the religion classes
IU not to Interfero with the children of
lion-'Mormons.' I want to say to tho Lat-.
ter-day Saints, do not underestimate tho
Importance of having your children taught
tho principles of tho Gospel In early life.
, Wo have church schools eslnbllshiM. but
a? a general rule the children do Hot go
H there until they are out of tho grades.
II No, from 7 to H years of age Is tho tlino
W when the child's mind la plastic, and
1 when you can make icning Impressions
H 1 upon It."
P An Inapt Illustration.
I Tho usa of tho word Catholic by Tresl-
dent Lund, In 4hls connection, Is wholly
1 beyond probability of lining application.
H Tho most bigoted Catholic would never
think of teaching tho dogmas of tho
I church In tho schoolroom. The paro-
chlal schools, under direction of tho cc-
cleslnstlcs of the Church of Rome, are
1 i used in part In propagating the Catholic
I faith, but no Catholic would ask for, much
n less JndorBe, Hie use of public school-
I rooms for religious Instruction, a fact
I President Lund must understand.
I President Lund says? "We may hlro
II the echoolhouso after tho school has been
dismissed." It Is truo that Mormons do
I uso the schoolhouses more than three
I hundred of them in Utah at this time
B but It Is violation of the law whether it
R bo after classes or during class hours;
H whether paid for or not.
ff Hftj. Breeden's Opinion.
I Asked for an opinion on tho subject,
Attorney-General Brceden stated to Tho
J Tribune that It was lawful to hold "roll-
Klon classes" In the public schoolhouses.
I 'But," said he. "there must be an interim
I between regular school hours and the reli-
KJ glon hours."
F' Attorney-General Brcedcri referred Tho
Tribune to Sec. 1S22 of the Revised Statutes
of Utah, as a warrant for his declaration,
Tho section snys tho school board "may
pormlt n schoolhousc, when not occupied
I for school purposes, lo be used for any
H purpose which will not Interfere with tho
II seating or other furniture or property, and
I shall make such charges for the use of
the same as they may decide to be JusL-
I but for any such uso or privilege tho dls-
I trict SHALL NOT- BE AT ANY EX-
I , PENSE FOR FUEL OR OTHERWISE."
Not Supported by Law.
When asked If trustees could premlt tho
I use of schoolrooms for "religion classes"
without charging therefor. Mr. Brceden
I flald he knew nothing that would prevent
It. He added that as all persons arc In
terested In the teaching of good morals to
pupils and as nil churches teach morality,
ho did not see any objection to the use
of tho schoolrooms' after school hours.
' for "religion classes."
' "It Is somewhat astonishing that tho At-
torney-Genoral will direct attention lo a
statute that Bays the trustees SHALL
MAKE CHARGES for the USE OF
I SCHOOLHOUSES, and which further says
M "the district shall not be at any exponso
for fuel or otherwise," when his opinions
and tho statutes are so contradictory
fi Public schools are held at a time "of
. 1 year when fuel is necessary. It would bo
I i Impracticable to conduct "religion classes"
in schoolrooms during winter months
1 without the consuming of fuel, which even
tho most stalwart defenders of tho soc
'i tarlcs cannot deny,
ij i . An Important Ruling.
, But it Is not alono the statutes which
contradict President Lund and WaJ.
Brceden. Aa a lawyer MaJ. Brooden
I must know that Section 1S22 of tho
, ' Ravlsod Statutes as he has con
strued the section and as tha scc
i tarlcs have construed It, Is wholly In con-
diet with the Constitution.
I This mntter has been passed on so often
by the courts that little opportunity Is
given any student of history or of the
law to err.
The attention of President Lund. Attor
ney-General Breedcn and the Deserot
News Is directed to a decision of the Su
i preme court of the State, August J 5, 1003
1 In tho case of Lewis vs. Bateman.
This action was to restrain trustees
' from renting a schoolhousc- for a public
- The only way to gei Hd
, 1 1 of. pimples and other erup-
, lions is to cleanse the blood,
u i i improve the digestion, stim-
f qlate the kidneys, liver and
I skin. The medicine to take is
I, 'i Hood's Sarsaparilla
H Which has cured thousands.
SHALL THE SECTARIES
v . , r
! Next AVodncsdny tho voters of
r Salt Lnko City will oleel six mem- h
,bors of tho Board of Education. 4
i- Theso members will constitute tho
I- majority of tho board for two
I- yenro. All candidates on tho so-
called "non-partisan ticket" were -J
I- nominated ns a result of a sugges- -J
! tlon of tho Descrct News. Thoy
J hnve tho O. IC. of the sectaries of
! tho church. " Four arc Mormons. J
-I The other nominees are progres- -I-'!
nlvo and liberal citizens, who are -J-
not under tho Inlluonco of tho
-V church leaders. They are thorough-
ly Interested In up-to-date cduca-
4- Hon. They bellcvo that Mormon anil
fr Gentile should hnvo a square deal,
but that there should bo no religion
I Ilnoa In tho employment or the !
I -h grading of teachers. .
! Which should Americans sup- 4.
- port? Answer at tho polls, Wed' .J.
-J- ncsday. .j.
: : !
and private dance, but the action opened
tho ontlro question of tho uso of school
houses for private purposes, religious, so
cial or political.
In deciding tho case against tho trus
tees Justice McCarty. with tho other
members of tho court concurring, directed
attention to a number of decisions by
other courts, among which was Sponcer
vs. Joint School district (15 Kan., 259', 22,
American Reports, 2CS), a Kansas case.
Written by Eminent Jurist.
This decision waa written by Justice Da
vid J. Brewer before he became a mem
ber of tho Unltod States Supromo bench.
It, therefore. Is an authority which oven
tho Dcsercl News, President Lund or Attorney-General
Brceden must acknowl
edge Is trustworthy.
Those who are Interested In tho ques
tion of the usd of tho schoolhouses for
"religion classes" or for religious meet
ings, will llnd the Kansas case absorb-Inrr.
Justice McCarty found It a bul
urk of strength In tho decision ho ren
dered against tho use of tho school at
Alplr.o district, Utah county, for a danco
liall. Justice Brewer In part snldr "In short,
ho nlleges that this building, erected by
public funds for the purpose of a school
house, is, by tho order of the directors,
used for a variety of purposes and gath
erings wholly alien to schools or educa
tional matters. It does not appear that
this Is done against the wishes or with
out tho consent of a majority of tho tax
payers and electors of tho dlntrlct. nor
that the building Is leased without re
celvlng adequate rent. Indeed, the ques
tion, as It comes boforo us, may fairly
be- stated thus:
"Kay the majority of tho taxpayers
and electors in a school district, for
other than school purposes, use or
permit tho use of the ' schoolhouse
built -with funds raised by taxation P"
Combats Common Contention.
Tho decision then covers the-point that
In now settlements where tho school
building Is the only place for public meet
ings the schoolroom Is used for various
purposes. "Shall it Ih said ihnt this Is
illegal'' Doubtless, If all In the district
nro content, no question will over bo
raised; and. on tho other hand. If a ma
jority object, tho uso for such purposes
will cease. It Is .only when the majority
favor, und tho minority object, that tho
courts aro appealed to. That majority
may be but a single Individual, may bo
Influenced by spite, or jrevenge, or any
other unworthy motlvo; but whatever the
motives which prompt the litigation, tho
decision must be In harmonv with tho
nbsoluto right of all.
Schools Cannot Bo So Used.
"It seems to us that upon well-settled
principles the question must be "answered
In the negative.
''The public schoolhouses cannot bo
used for any private purposes.
"Tho argument is a short one. Taxation
Is Invoked to raise funds to erect the
building, but tnxatlon Is Illegitimate to
provide for any private purpose. Taxa
tion will not He to raise funds to build
a place for a religious society, a political
society or a social club.
"What cannot be done directly, can
not be done indirectly.
"As you may not levy tazes to
build a church, no more may you
levy taxes to build a schoolhouse,
and then lease It for a church."
Justlco Brewer, In this very pointed de
cision, permitted nothing to escape him.
Adding to tho foregoing paragraph ho de
clares: "Nor is it nn answer to say that Its
use for school purposes is not inter
and that tho uso for other purposes
works little. ..perhaps no Immediately
perceptible Injury to tho building,
and results in the receipt of immedi
ate pecuniary benefit.
The extent of the injury or benefit Is
something Into which the courts will not
Inqulro thy character of tho use Is the
only legitimate question "
A Striking Illustration.
The court then makes a striking Illus
tration as a clincher to this doclslon,
which he refers to as a "road already
worn and dusty." He snvs:
"A municipal bond of "flvo cents, In aid
of a purely private purpose, Is as void
as one of a thousand dollars, and that,
toor'thoush tho actual benefit to the
municipality far exceeds tho amount of
"The use of a public schoolhouse for
a single religious or political gather
ing is legally as unauthorized as its
constant uso therefor."
As lias been said, tho records of the
courts are filled with decisions on tho
question of tho uso of public school
houses for sectarian purposes. It Is a
matter that not only offends tho sense of
jusllco, bul which alBO offends the pro
prieties. And tho persistent and organized
misuse of tho schools of Utah, which are
built and supported by funds contrib
uted by the public or from proceeds of
lailds granted by the general Govern
ment, is so shamefully indecent that the
great surprise is that any citizen of
Utah, who does not confess to wenr the
ecclesiastical yoke, will condone the offense.
CANDLAND WANTS JOB. j
But Many Sanpetcrs Will Protest
Against His Preferment.
Special to Tho Tribune.
MT. PLEASANT, Utah, Dec. l.-Gov-crnor-clect
Cutler will be naked to ap
point W. D. Candland of this city one of
tho new members of tho State Board of
Equalization. Whether the gentleman
will be able to land the appointment Is
problematical. It Is said that a remon
strance of prodigious proportions will bo
tiled against him by the Republicans of
tho county. He will not be Ifidonsed by
the county committee for the position
ns a whole. It Is said that Swon O. Nell
son will have a majority of tho committee
for his reappointment.
Vice-President at White House.
WASHINGTON, Dec. -(.-Senator Fair
banks was at the White House tonight for
some time In conference with the Presi
dent. Senators Aldrlch of Rhodo Island
and Depcw also called during the even
ing, tho latter to pay his respects,
JUDGES HAVE .
For Wednesday School
Also List of Consolidated
Districts and Polling
ITames of Those Who Will Have
Cnnrsre of tho Various Vot
The City Board of liducatlon has lo
co ted tho polling places and appointed
Judges of tho election for next Wednes
day. The Judges hnvo been notified to
send In the returns to the offlco of tho
beard on tho night of tho election. Tho
office In tho city nnd county building
will bo kept open for that purpose until
all tho returns are In.
The list should be cut out and kept In
a convenient place for reference:
First Municipal Ward.
Poll No. 1 MOG South Eleventh East.
District No. 1 wll! vote. Judges Tyorenzo
S. Clark, J. G. Southers, II. C. McDon-ouirh.
Poll No. 2 Anderson's store, Ninth East
and Ninth South. District No. 2 will vote.
Judges George R Foster, Albert Brcw
Htor. William White.
Poll No. 3 First ward annex. Eighth
East between Sovonth and Eighth South.
District No. 3 will vote. Judges D. W.
Whipple, J. J. Gallachor, C. II. Wllckcn.
Poll No. I Residence Mrs. Falco, 662
South Third East, Districts Noa. A and 5
will vote. Judges II. Klcnke, E. M.
Weiler, Fred Elcgren.
Poll No. 5 City and county building.
Districts Nos. C, 7 and S will vote. Judges
A. F. Lawson, W. R. Foster. Henry C.
Poll No 0 Tenth ward annex, J3lghth
East between Fourth and Fifth South.
Districts Nos. 0 and 10 will vote. Judges
Fred C. Bassett, II. A. Rcoves, C. S. Kin
ney. Poll No. 7 Annex to Thirty-third ward
chapel, Eleventh East between Fourth
nnd Fifth South. District No. 11 will vote.
Judges George C. Buckle, A. B. Edler,
J. H. Wolcott.
Poll No. 1 Fifth ward amuscment-hall,
corner Seventh South and Third West.
Districts Nos. 12, 13 and 11 will vote.
Judges Ruo Slioles, Frank Stanley, John
Poll No. 2 Burlington chapel, Eighth
South and Navajo streets. District No.
15 will vote. Judges-W. E. Wood, J. II.
Walk, Lyccrgus Wilson.
Poll No. 3 Sixth ward mcctlng-house.
Third West between Fourth nnd Fifth
South Districts Nos. 16. 17 and IS will
vote. Judges Thomas W. Green, James
Poll No. 1 At Metropolitan hotel, SO
West Third South. Districts Nos. 19. 20
nnd 21 will vote Judges J. Fred Corker,
B. A M. Frolscth, Arthur Thomas.
Poll No. 5 Annex to BnptlBt church. 315
West Second South. Districts Nos. 22. 23
and 21 will vote. Judges D W. Gamble,
Qulncy B. Nickels, Thomas E. Taylor.
Poll No. C Rcsldcnco of D. R. Parry.
03 West First South. Districts Nos. 2j
and 26 will vote Judges F. D. Ruther
ford, Jame3 W. Ure, Harry F. Evans.
Poll No. l-P.ellof society hall. 271 West
First North. Districts Nos. 2" and 2S will
vote. Judges James M. Campbell, W. J.
Barrett, Old Glbbs.
Poll No. 2 Plymouth church. Third
North between First and Second West.
Districts Nos. 20 and 30 will vote. Judges
II. W. Hartley. John II. Back, R. S.
Poll No. 3 Corner Norlh Tomplo and
Fifth West. Districts Nos. 31. 32 and 33
will vote. Judges George C. Reiser, Jr.,
Al Nowman, Robert Bridge.
Poll No. 4 Twenty-second ward amuse-ment-hnll,
Third North between Third
nnd Fourth West Districts Nos. 34 and
3-3 will vote. Judges Charles M. Lees, W.
J. Hall. Brig Rldd.
Poll No. 5 Residence of Mrs. Norman,
1121 Goodman street. District No. 36 will
vote. Judges J. C. Sandberg, G. A. Davis,
Poll No. 1 Eighteenth ward school,
corner A and Second streets. Districts
Nos. 37 and 3S win vote. Judges Frank
Moylc, Frank Foster, Wlllard Hamer.
Poll No. 2 Twentieth ward amusement
hall. Second street between D and E Dis
tricts Nos. 33 and 10 will vote. Judges
Ed L. Sloan, Al Reese, Louis R. rclls.
Poll No. 3 Longfellow school, cornor J
and First streets. Districts Nos 41 and
42 will vote. Judges John D. Owen, W.
S. llighnm, II. J. Dlnmny.
Poll No. 1 Residence of John A. De
Valley, 1133 First street. District No. 43
will voto. Judges James Maxwell, J. M.
Bowman, W B. Andrew.
PoU No, 1 Annex Eleventh ward meot-Ing-houso.
comer Eighth East nnd First
South Districts Nos. 44. 15, 4G and 47 will
vote. Judges W R. Whlto, II. G. Two
mey, A. Greencwald.
Poll No. 2 Thirteenth ward meeting
house, Second South between State and
Second East streets. Districts Nos. 4S,
49, CO. 51 nnd 52 will vote. Judges Gould
B. Blakcly. Chris Wagener, M C. Phil
lips. William Doxey, Martin Lindsay, C.
Maine Womnn's Thrilling Experience
Duplicated in Salt Lake.
There are scores of families In Salt
Lake and near-by towns who will read
with Interest tho wonderful experience
of Mrs. A. L. Carlton, one of the best
known women In Rockland, Me.
Mrs. Carlton nays-; "I suffered with
stomach trouble for eight years, grow
ing worse all the time. Throo of the
best doctors In Maine dlagnooed my
case as cancer of the stomach and de
clared I could not live two months. Ut
terly discouraged with their treatment, j
I began using Ml-o-na and commenced
to gain at once. At this time I was
reduced to almost t'kJn and bones, as
I had lost nearly 100 pounds during
my sickness, but when I began to take
Ml-o-na, my llesh was built up and I
gained 22V pounds the first month. I
have taken only six packages of these
wonderful tablets, but my health is
about restored and I firmly believe that
Ml-o-na paved my life."
F. C. Schramm l local agent for
Ml-o-naT which sells for B0 'cents a box,
and offers It under personal gunranteo
that If It does not cure the worst form
of stomach trouble and resulting disor
der, the money will be refunded,
ELEVEN BIG PALACES SOLD.
Cost S15,000,000 for World's Fair,
and Bring S386,000.
ST. LOUIS. Mo., Dec. 4.-It wao an
nounced today that a 'contract for the
talo of tho cloven big oxhlblt palaces,
stock barns. Festival hall, tho Collonndc
of States, pavlllonf, aerodrome bank, In-tra-murnl
railway, hospital, press build
ing, police und fire stations, with other
World's fair structures that cost 515.
0(0,000, will bo signed this week with a
Chicago wrecking company for S3S5.G00.
Eveiy thing except tho rolling stock of
tho Intra-nniral railway, which has been
sold separately, tho State, foreign nnd
Pike buildings, aro included in tho deal.
Tho work of demolition will begin
W. C. T. TJ. Convention Closes.
PHILADELPHIA. Dec. 4. Tho annual
national convention of tho W. C. T. U.
union wns formally ended today with
tlic convention sermon' preached by tho
Rov. Fugonla F. St John of Kansas, tho
national ovnngcll3t. who said It was hnr
opinion that, although moro liquor was
manufactured In this codhtry now than
at any other tlmo. tho crent mlddlo
clnss of tho United States Is rapidly be
coming a total abstaining people.
To Prevont Vote-Losing in tho South.
COLUMBUS. O., Dec. -1. Gen. J.
Wnrrcn Kelfor, former Speaker of tho
National House of Representatives, who
lias been re-elected to Congress from
tho Seventh Ohio district, has Issued a
statement in which hp announces that
his mission is to secure legislation to
prevent the disfranchisement of voters
In the South.
Spanish Deputy Suspended.
MADRID, Dec. 4. Senor Zabalalln. a
representative of the province of Bilbao,
In the chamber of deputies, has been sus
pended becnuso of his publication of
pamphlets of a separatist character. As
the pamphlets wore printed In Mexico, the
Spanish Government Intends to protost
to tho Mexican Government becauso tho
censor failed to suppress them.
To Curo a Cold in Ono Day
Take Laxative Bromo Quinine Tablets.
All druggusta refund the money if it
falls to cure. E W. Grove's signature
la on each box. 25c.
100,000 Shippers to Protest.
CHICAGO. Dec. I Through their rep
resentatives 100.000 shipper will protest
against the enforcement; January 1, by
tho railroads throughoul tho country, ot
tho "uniform bill of lading" bofore tho
Intcrstnto Commerce commission which
meets hero tomorrow. Representatives
of nearly 300 railroads have been sub
poonaed to appear beforo the commission.
Favors tho Iucomo Tax.
ODESSA. Russia, Dec. L The public
health society has passed a resolution In
favor of an Income tax, an elective local
Government, freo education, freedom of
speech, press and association, tho regula
tion of labor, state Insurance for work
lngmen, tho crlmlnnl responsibility of em
ployers who endanger the health of their
employees, and an elective legislature.
S125,000 Fire at Los Angoles.
LOS ANGELES. Cal., Dec. 4. Fire
oorly today destroyed thn stock of the
Standard Woodcnwaro company at No.
230 South Los Angeles street, and seri
ously damaged tho large four-storv
building which tho company occupies.
Tho loss on stock la estimated at S100.000
and on building $23,000, both partlallv Insured.
J American Lectures Draw Crowds.
PARIS, Dpc I. The American course of
lectures of Prof. Barrett Wendell, profes
sor of English at Harvard, at the Sor
bo ine, continues to drnw crowds. Tho
continued Interest assures the success of
tho four months' course and tho adoption
of a pormaiient American series of lec
tures as a featuro of tho Sorbonno course.
Playwright Well Again.
NEW YORK. Dec I. George Ado, tho
playwright, who has been 111 at tho Hol
land house for seveiil days, was much
Improved today and expects to bo out
Steamship Two Days Ovordue.
YOKOHAMA, Dec. &. Tho steamship
Anthenlnn, which sailed from Victoria, B.
C, November II, for Hongkong and this
port, Is two days overdue.
Expense of Kifie Practice Reduced by
The revival of Interest In military rifle
and revolver practice, which Is due to
the campaign now being conducted by
the national board) for the promotion of
rifle practice under the direction of the
"War department, seconded by the Na
tional Rifle Association of America, has
resulted In many Inquiries being made
as, to the relative value of reloaded
shells. A number of the leadlog rifle
men of the country load their own am
munition and substantially all the rifle
associations have complete outfits for
reloading. The New York team, which
won the United States trophy at Fort
Riley recently, was selected almost
wholly from regiments located In the
cities of New York and Brooklyn, all
of which used more or less reloaded' am
munition. The Army and Navy Register Is au
thority for the statement that It lo pos
sible to reduce the cost of full service
loaded cartridges with Jacketed bullets
by using tho shells from guns to as low
as $14 to $1G per thousand. Those car
tridges that are loaded with cast bul
lets, made from re-covered alloy, can be
made from 52.75 to $3.25 per thousand.
RECTOR OF ST. LUKE'S,
Ashburnham, Ontario, Testifies to
the Good Qualities of Chamber
lain's Cough Remedy.
ASHBURNHAM. Ont.. April IS, 190C.
I think it I? only right that I should
tell you what a wonderful effect Cham
berlain's Cough Remedy has produced.
Tho day before Easter I was so dis
tressed with a cold and cough that
I did not think (o be able to take any
duties the next day, as my voice was
almost choked by the cough. The same
day I received an order from you for a
bottle of your Cough Remedy. I at
once procured a sample bottle and took
about three doses of the medicine. To
my great relief the cough and cold had
completely disappeared and I was able
to preach three times on Easter Day.
I know that this rapid and effective
cure was due to your Cough Remedy.
I make this testimonial without solicita
tion, being thankful to have found such
a God-sent remedy. Respectfully yours,
E. A. LANGFELDT, M. A.
Rector of St. Luke's Church.
To Chamberlain Medicine Co,
This remedy Is -for sale by all leading
N. CHADW KK
TO It RESCUE
Stands liy lis Wile in
Denies Charges, and Says
She Has Been Greatly
Now Traveling in Europe for His
Hoalth, Accompanied by Their
NEW YORK, Dec. 1. Dr. Loroy S.
Cliadwick, husband of Casslo L, Chad
wick, whoso financial troubles havo been
undergoing tho throshJng-but procoss for
tho past weok, has cabled to rhlllp Car
penter, Mrs. Chadwlck's counsel, from
scmo place abroad, tho namo of which
Mr. Carpenter would not disclose, re
questing that gcntloman "to deny the
published statements roflecllnir on Mrs.
Chadwlck's llfo and character. Thoy aro
"I wish to havo It understood that I
stand by Mrs. Cliadwick In every par
ticular In her present troubles. I feel
that sho has been greatly wronged by
tho publication, and I believe sho Is being
persecuted by some of her creditors."
Dr. Chadwlck explained that he had
dispatched his cablegram Just as soon as
ho saw tho report of his wife's troubles.
Abroad for His Health.
Mr. Carpenter nlso made a statement
today: "Dr. Chadwlck," - he said, "Is
abroad for his health, and the Newton
suit was not brought until some three
weeks after ho sailed.
"Beforo going away Mr.. Chadwlck con
sulted mo in regard to tho Newton claim,
nnd with him I met Mr. Newton and hla
Boston nttornoy. The matter was t,hcn
arranged seemingly to tho satisfaction
of all concerned and then tho doctor
"All membors of tho doctor's family
are standing by Mrs. Chadwick loyally,
and aro In entire sympathy with her.
"I know that Dr. Chadwlck would be
by his wife's' side looking out for her If
ho woic Jn this country.
"There Is no doubt that all tho claims
.ngnlr.Ht Mrs. Chadwlck will bo paid If
her smaller creditors will only exercise
a little patience. Bankruptcy proceed
ings and attachment suits do their sup
porters no good whatever ana creditors
resorting to these and other harassing
mothodij will not hasten the settlement
of their claims "
In Highly Nervous State.
Mrs. Chadwlck remained in her rooms
In tho Holland house all day. Dr. Mooro,
her physician, called In tho morning and
foi-nd Mrs. Chadwlck in a highly ner
vous state. Her condition wnssuch that
Dr. Moore called a consultant r.nd they
made a thorough examination. Tho med
ical men found no onrnnlc troublo but
wild that tho patient was almost pros
trated from the exciting events of the
past wojk. They will keep close watch
on her during tho next few days.
In tho aftornooa Philip Carpenter wns
ndmltted to tho 3lck room. and. as n re
sult of a conference. Mr. Carpenter de
cided to notify all small clients that their
claims would be paid this week und ho
called up the attorney for a local milli
nery house vwhlch procured nn attach
ment against the Cleveland woman, and
notified him of his Intention.
Mr. Carpenter attaches no Importance
to tho writ served on Mrs. Chadwlck yes
terday, as he declaredin an Interview to
day that wearing apparel Is exempt from
attachment. He says tho fact that Dep
uty Sheriff Rlnn. who served the papers,
neither took anything with him. nor put
a keeper In charge, demonstrated the
deputy's Inability to find anything at
Secret Service Man on Guard.
Simultaneously with the announcement
received from Cleveland that President
Beckwlth. of tho susponded Citizens' Na
tional Bank of Oberlln. was to bo placed
under arrest, an official or the United
States secret service appeared at the Hol
land nnd took up his station there. When
recognised he declared that he was sent
to the hotel hurriedly and that ho had
been given no orders.
After having a long talk on tho tele
phono the secret service man snld ho was
not Interested In the Chadwlck case, but
declined absolutely to announco the na
ture of his mission.
Emil. tho young son of Mrs. Chadwlck,
who hue been staying near his mother for
several dn.ys. v:w tho subject of some In
quiry today. It was said that, he had left
the hotel. This could not be verified.
It was rumored that tho boy had left
town with the Jewels alleged to belong
to his mother and that she would follow
him tonight or tomorrow. This was de
nied by Mr. Carpentor. who said that his
client would remain In New York at
least through Monday.
Probably in France.
Dr. Chadwlck 3alled from Now York
on November 3. arriving at Havre.
France, at 7 o'clock November 10. He
was accompanied by his twenty-year-old
daughior. Thoy went to Europo for tho
doctor's health, and for tho completion
of Miss Chadwlck's education. They aro
said to have gone from Havre on No
vember 10 for Paris. Whilo Dr. and
Miss Chadwlck can not bo definitely lo
cated al tho present tlmo it Is believed
that they are very near Paris and that
tho doctor, through his French agents.
Is kept fully Informed concerning Ameri
Dr. Chadwlck's entire professional life
was spent In Cleveland but of lato years
he has not been actlvo In medical work.
He spent a great deal of tlmo In Europo
and is well known In European capitals.
Attorney Carpenter is authority for tho
ttlntamntit flint A Tvo nhnln,ll. ...ill
nti.Lviii.iit itiui ..no. viiiiu ilitll Will I1UI
leave tho country until her financial dif
ficulties have boon adjusted, but after
that It is expected sho will Join her hus
band and stop-daughter and lake a long
nst at Komu point along tho Mediterra
nean. "Tho attachment proceedings and tho
bankruptcy proceedings aro not bothr-r-Ing
us any." said George Ryall. attorney
for Newton. "There Is no question but
that all those poople will get their
money. No definite time has been llxed
for tho payment of Mr. Newton's claim,
but we aro not In the least disturbed.
Wo aro resting on our oars. Our claim
and tho others will bo paid. Wc aro
thoroughly satisfied with tho situation."
Percy W. Carver, .Mr. Nowton's Bos
ton counsel, spent the afternoon with
Mr. Ryall. at the lattcr's homo In New
BANK OFFICERS ARRESTED.
President and Cashier of Citizen's
Bank of Oberlin in Custody.
CLEVELAND. O., Dec. I. As tho re
sult of the extended conforenco between
tho United States District Attorney, tho
bank examiners who have been looking
Into .the-affairs of tho failed Citizens bnnk
of Oberlln and their counsel, which lasted
until lato last night and all of today,
President C. T. Beckwlth nnd Cashier
Spear of that bank wero placed under ar
rest Into tonight by United Slates Mar
shal Chandlflr of Cleveland at their homos
at Oberlln. Marshal Chandler personally
took cliargo of tho warrants and several
deputies accompanied him.
Tho arrests of Beckwlth and Spear aro
tho first that havo been made In tno
Chadwlck cuse. The Citizens' National
bank, with which thoy aro copocted. Is
creditor to the extent of $210,000 of Mrs.
L, Cliadwick. Tho bank Is capitalized at
but ?CO,0OO. Since the dlsclosuro of tno
bank's denllngs with Mrs. Chadwlck, the
president, cashier and directors have Iieiu
conferences ami meetings frequently. Alt
tho tlmo-thero hits been expressed by
President Beckwlth at least a hopo of a
reimbursement of the bank's loan to Mrs.
Chadwlck, but, so far as known, no re
mittance has bficn rocelved.
President Beckwlth has been In a state
bordering on physical collapse for nearly
a wcjk and for the past three or four
days has barm conflnod to his bed. Ho hnu
expressed tho utmost rcgrr-l over tho out
come of tho bank's dealings with Mrs.
Chadwlck and given no Intimation nH to
why such great suma of money has been
loaned from tho bank to Mrs. Chadwlck.
Tho warrants on which Beckwlth and
Spear wore arrested charge them with
violation of tho Federal banking laws.
Nathan Looser, receiver for Mrs. Chad
wlck's property, said tonight that ho
would qualify In that offlco tomorrow and
would then file his bond for $10,000.
Looser Bald also that ho would try to
havo a chattel mortgage held by tho El
yrla bank set nsldo on the ground that it
Is a proferonco, and that all creditors
should share nllke.
President Beckwlth took his arrest
quietly. Mrs. Beckwlth collapsed and bu
camo so 111 that a physician was called In.
Neither banker waa locked up.
Bishop Connty's Father Dead.
WORCESTER, Mass., Dec, 4. Patrick
Conaly, lather of Right Rev. James
Conaty, bishop of Los Angles, and Rev.
Bernard S. Conaty, roclor of the Church
of tho Sacred Heart, died tonight at the
rcctorv of the Church of tho Sacred
Dropped Dead of Heart Failure.
SALEM. Mass., Dec. 4. Henry P. M011I
ton, United States District Attornoy lor
tho Massachusetts district, dropped dead
of heart failure, at his homo at 1 o clock
this morning, aged CO.
Can Wo Go Without Sleeping.
"With the Increase of mental power
and strength of character, the time al
lotted to sleep can be correspondingly
decreased," declares Mr. Axel Emll
Gibson in a comprehensive article writ
ten for the Medical Record on "The
Genesis of Sleep." Cases are well
known of men of towering intellect,
such as Lord Coke. Sir William Jones.
Bismarck, Gladstone, Zola, who rarely
exceeded the limit of six houis, and, of
Goethe, Schiller, Napoleon, Balr.nc,
Humboldt and Mlrabean, who mostly
contented themselves with four or Ave
hours of sleep out of twenty-four. There
Is good testimony that Jeremy Taylor,
Baxter and Bacon seldom allowed more
than three hours of sleep a day. Now
comes Dr. Gibson, asserting that In the
"progress of humanity toward complete
diurnal and hoctural sclf-consclousness
sleep Is a transient "phenomenon, serv
ing as a constant means and a grad
ually ellmlnative impediment to that
end. That Is, the race of the future
will not require sleep, and the disposi
tion to do without it is already discern
ible. Dr. Gibson reasons upon certain pos
tulates. It Is an established fact that
the vital processes are governed by a
dual consciousness seated In the upper
and the lower brain, alternating In In
tensity during the hours of sleep and
waking. In one respect this duality Is
in volitional control of the body and
mind; In the other it attends to the re
flex. Involuntary functlonings of the
physical organism. During sleep the
latter are alone manifest, continuing"
for the most part undisturbed, and, In
some respects, ns In the deepened
rhythmical breathing and the Increased
nctlvlty of the pores, with augmented
vigor. Cerebral anaemia produces un
consciousness, the reflex, sympathetic
processes hold sway. These changes,
Dr. Gibson believes, signalize a reaction
and attempt on the part 'of tho vegeta
tive consciousness to restore Us equili
brium with tho waking government,
which In Its turn seeks constantly to
widen Its province. Sleep, then, Is the
temporary reascendency of the auto
matic sub-conscious forces.
But recurrent recovery by these forces
must become less marked as the race
progresses. In the life history of our
planet the vegetative consciousness pre
cedes the cerebral. To a certain point
only can vegetative life protect Itself.
To survive In an alien environment it
requires a devising, and In response to
this demand has gradually been evolved
the cerebro-splnal system. This now
powerful system has gained control
over the organs of, locomotion, protec
tion and support, and Is extending Its
conquest to the internal reflex economy
witness the semi-voluntary working
of the lungs and, exceptionally, the vo
litional movement of the hearu This
aggression by the will, the unceasing
pressure of the cerebrul consciousness
upon the sympathetic, ' the wear and
tear of the conflict of culture and na
ture, makes sleep Imperative. The bat
tle is Intermittent, and sleep is Its ar
mistice. Evolution points to the victory
on the volltlve side of our nature. As
the struggle proceeds its control over
tho sub-conscious It will encounter less
resistance, the breathing spells will be
come shorter, and will finally dlsappenr
altogether. Sleep, the occasion of It
and the necessity for It. will have bo?n
ei minatcd. Such rest as may be taken
will be consciously administered.
Dr. Gibson Introduces certain checks
to test the soundness of this reasoning
For instance, lower animals whose -cerebral
system is yet too undeveloped to
offer any telling resistance to the In
stinctual currents, do not require sleep.
The same fact Is recognizable In un
usually developed human Intellects tho
Goethcs and Napoleons that encroach
upon the domain of sleep because In
their case it Is the vegetative nature
that Is subdued and can make no strug
gle. The listless, the inattentive, and
the weak-minded require the most sleep
In such individuals the conflict of the
two nervous systems is more nearly
equal, with a consequent loss of grin
upon the sense functions, which glide
iiilu u conuiuon or inertia.
To the normully active mind of
course, fatigue and sleep 'follow 'upon
protracted attention and aggression.
This, however. In Dr. Gibson's opinion
docs not mean that the Individual'
should yield to tho flr?t lmpu 'e of
sleep. The brain cells must be trained
to endurance and resistive power in
their struggle for cerebral independence
By virtue of the power of concentration"
innate In most ndlviduals. he concludes
that the mind Is capable of forcing the
instrument to yield a moderate nl
oC work In excess of its normal limit"
OopiA a?""10 ' " "Wire's
"Well, then, I sunnosn ihr
hsucceeded to lusTat&s, bn
then-'31 13 lh-G "n's occupation,
M NAVY TO!
' PEEVENT W
Costs Money, hi Lej
Than Fighting. 1
American Warships Conij
pare With Any Craft m
Secretary Morton Thinks tho TTnW
States Should Lead in Peace, butM
Prepare for Trouble. jfl
"WASHINGTON. Dec -SecreUir, 9
the Navy Morton, In his annual reJI
made public today, says. S
"The naval csllmates for the fiscal
aro large, tho largost ever submitted,
withstanding tho fact that they havoB
cut down from thoso sent In by thH
rcau by more than $17,COO,0X). "We hi9
asked for lees thnn tho money actojB
required to conllnuo tho naval prograiaB
ns laid down by tho general boardlB
which Admiral Dewoy Is the boao, til
withstanding that all who haw slu$B
tho question carefully ngrco that thld iB
gramme should bo carried out. ;K
"Tho past year was an Important (S
In tho history of our naval csnstruttiE
Never beforo were so many variE
launched by this or any other nation jP
ono year. Vessel for vessel and typa foil
type, I bellcvo our new ships win coailp'
paro favorably with those of any w..tJ1
afloat, and every American should hB
pyiud of tho progress and character SI
tho work now being accomplished -K
only In construction, but In all braB
of tho service. ' H
Now Ships Hcquire More Mea.B
"Now ships necessarily require tr.crtfl
fleers, more marines and more calbH
men, nnd tho appropriations nieH
likely to Increasp steadily for sonwytB
to come. Tho more ships we have
greater our fixed rhir-g-a will b?, tB
tho greater our facilities must neces?B
Ily be. In the way nf U'ds and dccJH
and tho ability to makf repairs nnd ulH
prouer care of the flot.
"It Is Just aa essential to kvp tlH
In thorough repair as it is to build I'JI
In the first place, and to permit bM
to run down for any length of t'me jB
go without repairs would he tho ht!dfl
of folly. It costs a great deal of ovH
lo keep, tho fleet moving In man'utHj
and target practice, but this Is li dm
way officers and men can gain esptrkH
at sea, and It Is our wcll-definc-d potil
to maintain a high standard of cffickH
throughout tho service. jjM
Costs Littlo Compared to War.B
"Last year tho navy cost a little cH
than a dollar por capita It cost UH
compared to what war would cost, iM
It Is the best Insurance we havo apiH
war. Wo want such a navj In jH
style, and 'sand' that no other navy
ever desire an entracemcnt with U3. iH
Is our greatest oxhlbll In favor of puiH
Wo are bound to occupy a prominent
slllon among the great nations of tH
earth, and while doubtless wo shall
ways bo In the lead In every IntfnH
tlonal movement to promote peace, hM
much better for us to be at all tlmuH
well prepared for war that war
rever come. jiP
"I am sure that the people of UjB
United States will approve of a ujB
that Is well prepared at all times to hjv
caro of their dofenscs and to protafll
their position in tho world This li iB
wo aro trying to accomplish. It is tsn
less to build ships unless proviWon
made to man. caro ror. and usa tkts;B
Favors Battleships. w
"The lessons of tho war In tho EfE
thus far aro the same as those oJ flk
Spanish war with respect to the riliMp
tive value and uses of battleships. tH
pudo boats and destroyers 'Wdsht
metal, heavy guns nnd hard-hlttfcB
whether at long or snort rang sll'JjR
tho most effective work The dayofi
battleship is not over, and the sphere jj
the Ilehtor vessels, whilo Important,
Secretary Morton quotes from a mdp
addressed by the President in FfbraaBS
K02. lo the Secretary of the NavT, Mi
which the chief executue assigned af ,
place of first Importance to the k1T'H
vessels of modern ffects, concluded tn
In the future as In tho past battleMK
must hold the battle line; and emphaia
tho point of taking the ground that UK
placo of the Admiral in war and In RJB)
is on the best lighting ship of his cK
"The chief object of the navy," CH
tlues Secretary Morton, is to prevent fltK
tho quotes tho chW of the bureau
navigation as follows ,JSV
"Although it Is still ton early to B)
final conclusions from the affair ' tSB)
Far East, one cardinal military pricdjBH
has received new and strikinF confiraBj
tlon; that is preparedness and the HV
ness of action, which can be succffilBH
only with thorough preparedness. RH
ness for Immedinto action on the outbrap
of war requires that tho whole flc'J!!BMj
have first been maturely considered &m
Secretary Morton also concurs ln.HpH
opinion that officers of tho navy !
command rank too lato In life, and SBJ
"It Is no disparagement of the senior ,CVBJ
ccrs of the service to say that we J
havo younger men In command vHB
ships in time of peace as well aa In
Ho recommcndB that officers Q4thsfJH
be placed on the same footing aa onvBBJk
of tho army with respect to recc-gclDpW
for conspicuously meritorious cljBBj
and recommends two classes of iIBftBj
one to bo given for acts of gallantry FpJ
formed In time of peace and the CUBI
for acts of special heroism in time
Killed in a SUne. JE
BUTTE. Mont., Dec. I -Hugh SBi
sorx, a miner In the Gagnon mine, J"5B
stantly killed by an ascending 'wi
day. McPhorson was doing repair
In the shaft and as the eklp was ncpm,
sight, ho leaned too far out nnct.jB:
instantly killed. MePhc-son w13
bly mangled, his body being
most lo a pulp. kBSI
Princo Fushimi Entertains in Botffp
BOSTON. Dec. 4. Princo Fustic!
Japan spent Sunday in his nwrT,
Tc night he entertained a few jSBjfe
friends at an informal ijiini .. ; Mi
those present bilng PrcsUli-ntt"B
, There is better tea tfoJ
you suspect; and yours lfc
probably worse than you SSS