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THE SCRANTON TKIBUINJU-MONDAY, DECEMBER IS, 199
l)e Scranfcm &rtBtmc
Publlshrd Dully, Txcf pt Sitntlny. by Th
Trlbuno Publishing Company, at Fifty
Cents a Month.
Now York Ofllce: ISO Nasmitt St..
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Bole Apcnt for Forelsn Advertising.
fcritrred nt the Postofflcr nt Sornnton.
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Hh rule Im that Mitm tnttut In- h1i?um1, fur
piililli'iitlun, liy the writer' lull tiunv;
nml the i-nndltlnn prt'rrdt-'iit to urcrtituncp
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nnttiro mid by wlinincocviT sent shall bo
subject to editorial revision.
TEN PAGES.
SCItANTO, DECKMIlKlt IS, 1S90.-
There Is no profit In predicting with
reference to the Quay case. It Is the
voting which will count.
The Law's Delays.
"-j-"HOSK WHO attended court
I hint week noticed what was
JL wild hy habitual attendants
to be nn unusual Insistence
froni the bench upon promptness, both
In the attendance of witnesses, tales
men anil Jurors and In the presence In
court of attorneys Interested In cases
marked for trial. We cannot say from
personal knowledge wjiat the custom
has been heietoforc In these respects
or how far .Judge Arohbald lust wceK
dipatled from It; but we do know that
the expressions of opinion among the
taxpayers In attendance at court was
without exception l'aorable to the
Judge's attitude.
There Is, we suppose, a reasoliabl
margin of courtesy due from bench to
bar In the matter of adjusting coint
Imslni ss to tit the convenience of prac
titioners; but common sense woul 1
f'i'iii lo Indicate that this margin .s
hvi-i stepped when the money of tho
people is wasted in unnecessary de
lavs. It costs, we understand, sonie-
here In the vicinity of $10 a minute
to operate the courts of this county;
and when many minutes of the court's
time are exhausted In easily avoide.l
Ir ii'iiuptlons or In the sheer careless
ness of sonic Individual attorney, Juror
or witness, an Injustice Is woiked upon
the whole body of the people as well
as upon the attorneys, witnesses and
litigants who are thus held up.
In a newspaper ollice It would hardly
b" claimed that the absence of one In
dividual should cause suspension of
publication. Hallway trains do not
stop running when an engineer or con
ductor or superintendent takes a dav
off. Very few lines of business suc
cumb to personal convenience. Yet
there nre attorneys who sometimes ap
pear to believe that an expensive sys
tem of court administration represent
ing nuiri'thtinnny of these otlur institu
tions a public property and a public
necessity should adjust its workings
to accommodate their personal ap
pointments. We cannot assume that
this is a real belief. It is doubtless
simply one of the tricks or traditions
of the trade, more, we think, to he
honored in the breach than In the ob
servance. When a court Is at woik at its very
best speed the delays of the law are
provoking and costly enough to ta
both the layman's patience and his
purse. We, therefore, consider that
Judge Arehbald Is entitled to publi?
commendation for endeavoring to ob
viate delays which by the exercise of
a little forethought and public spirit
could easily lie avoided.
No doubt Senator llanna had satis
factory reasons for squelching the
plan to give representation lit future
Itepubllcan national conventions pro
portionate to the Republican votes
ast; but he will llnd It dlllicult to
eliminate the impression that this was
the only fair basis.
General Wood and Cuba.
IN AM. lll'T name. Major (Icneral
Leonard Wood, now on his way
to Havana to assume the allien
of military governor of Cuba,
will lie a civil administrator possessing
extraordinary power. In every deliv
erance of opinion which he has mads
upon the subject of Cuba's needs, he
has strongly emphasized ills belief in
tli- wisdom ut' using no more force In
the government of the Cuban people
than was necessary, and lias asserted
his confidence in the friendly disposi
tion and honorable Intentions of the
masses of those people with respect to
the 1'nlted States. We may therefore
expect that his assumption of the
supieme command In Cuba will be fol
lowed as quickly as possible by the
Introduction of American Ideas and
Ideals in Cuban public uffaiis. not
pompously at bayonet's point but tact
fully under circumstances which will
seem to give to the representative
Cuban advisers, upon whom It Is Oen
cral Wood's policy to seem to lean, the
power of Initiative and the courtesy of
wiluntary acceptance. General Wood'i
policy Is well expressed lit the adage
that more Hies are to be caught by
nolasses than by vinegar; and his con
tinual and unvaried practice has been
to attain results through native co
alteration, by putting the -natives on
.heir pride and honor. He Is firm and
stern, but the hand of steel Is gloved
in velvet.
If Cuba can be fitted In one genera
tion for Independent statehood; If the
dream of a Cuban republic editable of
taklnp Us luto among the sovereign
latfns it (hvotl(i can be fulfilled by
inyfbweHirort of a miracle of heaven,
:he policies and methods and personal
mlluence represented In General Wood's
promotion to the supreme position In
Cuban administration will effect this
result; If Wood shall fall it will mean'
ihat the task set before him was an
mposslble task. His appointment Is a
guarantee, which the conscience of
mankind will uccept and indorse, that
the American executive has kept faith,
.t was not within President McKln
ley's power to go further toward es
nhllHhlng In this dependent Island
Rood order, inttllliu methods and
liable government. He has, at the be
tinning, done his best; It is for I'rovl
lence and the Cuban people to do tho
rest.
It Js a mistake lu ussuma.,Uwt the
:ie.,tliat the
Ji'J i
American people In general are Ilrcd
with tiny desire to appropriate Cuba.
A imputation unlit to govern Itself
would not reiiresent u desirable addi
tion lo our domestic race problems.
Tho Cuba which Americans would wel
come should be a Cuba capable of
standing alone but sufllclcntly intelligent-to
prefer Identification with the
creator of her affranchisement. For
this reason, self-interest no less than
duty calls for the education of tho
Cuban population: for their uplifting
mentally and moratly us well as In re
spect to production and commerce. If
after all has been done which duty
says should be done It shall yet nppear
that Independence will not be possible,
the recognition of this fact must by no
means be limited to ourselves: the ap
peal for permanent guardianship must
come with substantial unanimity from
the representative Cuban people them
selves. Opponents as well as friends of At
torney Genernl Klkln concede that In
Saturday's hearing nt Washington on
the Quay. case ho carried off the hon
ors. It will add local Interest to this
triumph to say that Mr. Elkln was ma
terially assisted In 'the preparation of
his brief by his efficient deputy, Hon.
F. W. Fleltz.
The Bealc Case.
AX EXAMPLK of the occa
sional Inconsistency of Jur
ies was shown In the ver
dict returned on Saturday
morning In the case of the Common
wealth against George W. Heale,
charged with embezzlemt nt.
This case grew out of the disappear
ance of certain funds held In trust by
Mr. Ileale as executor of the Kills es
tate. Tile sum of $1,500 wns Involved,
belonging to Mrs. F.sther Mead, one of
the heirs. The Commonwealth alleged
that Iteale had guiltily appropri
ated this money to his own use; the
defense, that he hail invested It nt .Mrs.
Mead's direction In stock of tho Mor
ris itidge Coal (ompany, now without
value. The conflict in cvldeiire upon
the essential point In the case that is
as to whether Heale's purchase of stock
with .Mrs. Mead's money had been mado
upon his own prompting, with fraud
ulent intent, or in execution of a verbal
order from his client was direct and
Irreconcilable. One or the other side
was mistaken. One or the other side
rested upon a foundation of false
swearing. If Hea'le did nqt Invest this
money on his own prompting, fraud
ulently, he Is Innocent of embezzle
ment and should have been acquitted.
If he did so Invest the money his crime
was flagrant nnd there existed In the
testimony no extenuating circum
stances. The Jury's verdict of con
viction, coupled with a recommenda
tion of extreme clemency, Is to be con
strued, we dare spy, as a compromise
between obstinate Jurois rather than
as a satisfactory expression of Justice.
Quite aside, however, from the ques
tion of the Justice of the Jury's opinion
on the, subject, this case presents be
fore tile community In Its wider bear
ings a most Impressive object lesson.
1'pon the defendant's own version of
the facts we have illustrated a loose
estimate of the moral responsibility
belonging to the ollice of a trustee. To
the widow client who sought advice
as to the Investment of her little le
gacy the defendant recommended pur
chase of an admittedly speculative
stock which had been put Into his hand
to sell. The risk in such an Invest
ment was obviously larger than any
widow or orphan should have been
asked to take: and that the defendant
In this case was willing to unload such
a risk upon n woman unpracticed in
the arts and wiles of business exhibits
a view of fiduciary obligations which
can hardly lip too strongly condemned.
In humoious or satirical literature
the typical attorney is often depicted
as a human slunk seeking whom he
may devour; and this conception no
doubt owes Its origin to Instances like
the one we have been considering. It
is unnecessary to add that this view
is not to be accepted seriously. The
majority of lawyers are on principle
the first to condemn an abuse of trust
hy an unprincipled or a misguided
member of their honored profession.
.
The Democratic representation bi
congress, although proficient in lung
power, is already showing signs of
great weakness In Its thinking depart
ment. The Examination Fad.
INQUIRIES regarding school meth
ods In other cities has developed
the fact that in one respect the
system pursued in Scranton Is
not abreast of the best edu-vitiunal
thought of tho day. Wo refer to the
examination fad which prevails here.
The tendency all over tho country Is
certainly In the direction of shorter
examinations and fnver of them. Some
superintendents do not permit an exam
ination of mora than one subject in a
single day and In many schools pupils
are not requited to do any study or
class work during tho remainder of
the day. In the public schools of
Scranton four subjects embracing tho
most dlllicult In the curriculum are fre
quently undertaken In one session. In
many progressive schools in other
cities examination in a subject is
held Informally and while n pup.l may
be called upon to review previous toplcw
he is not subjected to an examination
In them more than once.
There is a growing practice of sub
mitting examination papers to specially
aonolnted examiners. In some In
stances this work Is done by older pu
pils; in other cases by teachers em
ployed for the purpose, these persons
working In conjunction with tho grado
teacher whose class Is Involved. Many
superintendents, in fact those who are
recognized ns the progressive represen
tatives of modern day education, posi
tively forbid the now Infrequent pruc
tlce of compelling the teachers to work
over the papers after school hours, und
a more sensible regulation could not
well bo devised. A teacher who has
worked until midnight reading and
marking papers la not in a (it condition
to carry on her class room duties next
day. It Is an Imposition onaho pupils,
If no mercy is to be shown to tho
teucher. It Is upon them that the evil
reacts. Certuln It is that the pupils
have righto .In the matter. Certain it
Is that they havo the right to the ser
vice 6f a teacher who has not been
worn out with midnight toll.
Tho Informal opinion of about two
hundred superintendents seems to bo
that written examinations nro not u
test of tho pupil' progress, still less
of his scholarship; nnd that tho teach
er's Judgment of the pupil's capability
Is u safer criterion Is nlmoot a unani
mous decision, in consequence of the
multiplicity of examinations und the
extra work they entail, the Hcranton
teacher In a number of grades Is fast
becoming a mere drudge with little or
no opportunity for bringing to her
pupils ficsh outside interest and there
fore for doing the' best work in her
power. Tills we consider a serious mis
take. Tho soldiers of Great Ilrltaln do not
lack personal bravery; but their ofll
cers nppear to lack the fertility of re
sources and ready adaptability to un
foreseen emergencies which character
ize above all others tho men who wear
the shoulder straps of Uncle Sam.
The more wo learn about how things
are going In south Africa the better
satisfied we are to belong to tho Ameri
can wing of the Anglo-Saxon race.
A Philadelphia woman has Just left
her husband because ho would not give
her a deed to his property. While this
action should not be encouraged, It is
probable that the wife who holds the
deeds for real estate cuts more of a
figure 'it home than the one who allows
the husband to have full control.
Hoot and Hogg, as opponents on tho
vice presidential ticket, offer a de
lightful prospect for the funny para
grapher. Critical SiNiafion
of British Empir?
From the New York Bun.
WRITING in mediately niter the
defeat of General Rullcr, the
London Times said that the
English nation "has not been
confronted by so painful and
anxious a situation slnco the
Indian Mutiny." Actually, however,
England and the British Empire must go
far back of that Indian episode to find
anything approaching a parallel of the
present situation, If, Indeed, in all Eng
lish history there has been any likeness
to It. The Indian Mutiny of K"7 made
manifest a violent and wid'spread native
discontent with Urlttsh rule which ren
ileinl necessary vigorous repressive
measures, which were applied s iccess
fully. The defeat of General Duller, lol
lowing In rapid succession the similar
defeats of General (iatacre and Lord
Methuen nnd the earlier reverses of Gen
eral AVhlte, has been of far graver con
sequence. The military prcstltje of Eng
land has received a stunning blow. The
standing of tho Uritlsh empire as a l!rst
class power of the world, as the foremost
power. Is put to a test more severe ,W'l
seaiching than any other it na.j been
called on to endure In a CMitury.
o
England entered upon this war with
the Hoers without a single mlsglvlng.and
there was none In Its, army. Its con
fidence of speedy and complete victory
wns absolute. General Duller himself,
upon leaving England for the Held, jo
cosely tuid vauntlngly proclaimed his In
tention of eating his Christmas dinner nt
Pretoria. Throughout England, nnd
more especially In the London Stock Ex
change, the contest wns recarded sim
ply as an easy opportunity for the Brit
ish army to demonstrate Its resistless
power; nnd even In foreign countries the
more or less speedy victory of England
was looked upon ns almost a foregone
conclusion. It Is true that acute nnd
well-informed military critics, lu our own
nnd other armies, had long questioned
the elllciency of The British military sys
tem and tho practical ability of the
Drltlsh ofllcers to meet tho exactions of
modern war; but the general public,
more particularly the English public It
self, hnd formed a conception of British
military resource and prowess which
made Impossible to It the thought that a
stato like that of the little South Afri
can republic could withstand them for
more than a few weeks If they were
exerted even to a small part of their
extent.
The conduct of the British campaign
has amply Justified theso military criti
srt
JidUl
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MEARS
415-437 Lackawanna Avenue.
cisms. It 1ms not only not afforded nny
cxnmplo of generalship on the English
side Indlcntlvo of capacity to deal with
present military conditions nnd exigen
cies, but It 1ms also demonstrated con
tinuously from tho battle of Glencoo to
tho defeat of Duller ut the Tugelu River
tho Incapacity, tho careless training and
tho professional Ignorance of tho Drltlsh
otllcers, whllo on tho sldo of tho Doers
nnd their Free Stato allies nil the re
quirements of Bitch warfare havo been
satisfied In a distinguished degree; tho
whole military nblllty has been with
them. Tho English ofllcers havo neglect
ed persistently tho pieenutlons requisite
In every war with n civilized people, nnd
havo proceeded as If their mere ap
proach, with all the pomp and clrcum
Blanco of war, wns of Itself enough, to
strike confusion Into tho heart of the
stoutest foe. Probably there Is no other
army In tho world In which tho officers,
ns a mass, have given less thought and
less heed to professional study nnd prep
aration than tho English.
Kipling's stories, though written to np
plaud Drltlsh military superiority, re
veal, Incidentally, this deplorable negli
gence. Sports nnd pastimes tnko the
place of arduous military manoeuvres
nnd patient study of the practical ques
tions nnd problems of wnr. Of course,
ns papers of the t'nlted Service Institu
tion bear witness, thero aro conspicuous
exceptions, known throughout the mili
tary world, but the great run of Drltlsh
officers have deceived themselves with
tho notion that their personal bravely
only rendered them competent for their
duty, though of course mere animal
courngo Is a relatively Inslgnlllcnnt ele
ment In wnr. Foreign mllltnry students
visiting England have long been sur
prised to find so much of professional
Ignorance nmong otllcers of tho army;
they are likely to know more about tho
history of tho mess plate than about tho
construction and capacity of their ord
nunco and tho details of their duties.
o
The bitter test of the South African
war Is simply bringing to view the In
evitable consequences of those pervasive
defeats In the training of British otllcers.
They nre compelled to surrender to
forces of Boer farmers, regulars yield
ing to volunteers. The errors and mis
calculations, the eatelessucss and neglect
of tho first principles of modern war.
with the dlsplav of which they began,
have been repeated almost without vari
ation from Glencoo to Tugela River,
whether tho commander was White or
Gatacre, Methuen c.r Duller, and always
with tho same disastrous consequences.
So far, they have learned no lesson.
Meantime, probably Inferior forces of tho
Boers are beating them continuously with
a relatively small loss. The strategy of
the British campaign, with Its division
of the three columns, led respectively by
Gatacre, Methuen and Duller, hns proved
so far defectlvo that now it may bo said
that tho work has all to le done over
again, a new campaign laid out, and new
armies collected to carry It on. Boer
soil remains untouched by the Invaders
and the British nre still everywhere on
the defensive, with belengueied nrmlcs or
with armies shattered by defeat.
o
It Is, then, a situation which Imperils
the prestige of tho Uritlsh empire. A.t
a military power purely, England Is
making an exhibition of her weakness
In the presence of an enemy of Insig
nificant numbers which brings satisfac
tion to nil her rlvnls or foes nnd pain und
mortification to her friends nnd admir
ers. Accordingly, Consols have fallen to
par, the lowest price slnco 1S93, and all
England is roused to the necessity of ex
hausting every resource of the empire to
retrieve her military reputation nnd
maintain her front rank place nmong the
powers of the world. That she can do
this we do not doubt, but before the end
Is accomplished she will need to dismiss
other delusions ns to her army and bo
forced to recast and reform her military
system, putting Into It new vitality and
adapting it to the conditions of war ns
It Is now, not ns It was- a century ngo.
For' this purpose, out of the long test
which the South African conflict Is like
ly to furnish, thero will come eventunlly
a nucleus of ofllcers about whom this
reorganization can bo made not mere
polo players, club loungers and drawing
room heroes, but actual soldiers taught
the art of war In a strenuous conflict
with a dangerous civilized foe.
LMtlher Keller
Line, CEMENT,
SEWER PIPE, Etc.
Vnrd and OQlos
West Lackawanna Ave.,
SCRANTON, PA.
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