RAILROAD MAN HAS RIGHTS Like Any Other Individual Ho Can Belong to Labor Organizations. LETTER OF ATTORNEY GENERAL OLNEY .Adilroiiei Jmlgo Italia * In Itvcnril to tlie I oiltlon of the Ilccnlver of ttie Itcnd * lug Itnllrond on ilio Tralu- meii'i lirottierliooil. riULADELI'HIA. Nov. 8. The controversy between the receivers of the Rending Hall- road company and such employes as arc mem bers of tlic Drothcrhood of Hallroad Trainmen lias prompted an expression ot opinion by Attr ney Ocner.il Olney In tha form of a let ter to Judge Dallas ot the United States clr cult court , before- whom the case Is pending. The difficulty between the two organizations reached a crisis on August 15 last , when Gen eral Superintendent Swelgard summoned be fore him eleven employes and notified them they should abandon the brotherhood as a condition of retaining their places with the railroad company. Vigorous protests were ngi nst this alternative and the broth erhood urged the receivers to withdraw It , but In answer the receivers , on September 17 , wrote : "The policy of this company Is well Jtnown to ba that It will hot consent that per sons In Its ecrxlce shall owe allegiance to other organizations which may ma1 < c claims upon them which are Incompatible with their duties to their employers. Thla position was taken advisedly , nnd we liavo no Intention of departing from It. " Attorney General Olney's letter Is an ox- liaustlvc discussion of the questions pro- Bcnteil , anil he reviews the various problems anJ the consistent solutions to be applied In vcry aspect , In substance he holds that labor unorganl/ed Is practically powerless ; that In combinations such as this lies the only safeguard of the worklngman In his < 1 clings with organized capital ; and that his right to belong to such a union bsneflclal In Intent and purposes Is a legal right which IIP cannot be deprived of. The tetter Is us lo lows : OLNRY SAYS NO. "Tho pendency of this petition having been Incidentally brought to my attention , the Issues ru.sed Impressed me us of great grav ity ind Importance , not only as between the ] > Sitles Immediately concerned , but as re- sards the country at large. In that view- In which I could not doubt the court would liaro It iecmwl to me that the court would not object to a brief discussion of the case from a public point merely and uninfluenced by the wishes nnd Intcrpsts of the particular litigants before you. "Upon this suggestion being made to the court It was at once cordially assented to. The considerations following , therefore , are submitted by me as a nmlcus curlao merely , nnd by express leave of the court. "The material facts may bo briefly atatcd. The petitioners ore members ot the llrotlicrliood of Hallway Trainmen. Some of them have been members for seven or eight years have each year paid annual dues and assessments , which now amount to consid erable sums of money and by continuing tholr membership will , In case of death or permanent disability , become entitled by themselves or their representatives to large pecuniary payments from the funds of tbo brotherhood. And , by ceasing to be mem ' bers , they lose all benefit from the assess ments and dues already paid and forfeit all c'nlnis ' upon the brotherhood treasury. Tha s constitution and rules of the brotherhood nnd of the subordinate lodges are before the court , a part of the petition. No contro versy or antagonism has ever arisen or ex isted between the Heading railroad and the brotherhood and any of Its lodges , or the .Heading road and any members as such incmbbrs. "As 'It Is claimed the Heading railroad lias for some years adopted the rule that It would not have In Its service any member of a labor organization , It Is a rule which has not been uniformly or Invariably acted upon , alnco there has been a. Philadelphia lodge of the brotherhood of the Heading line for nearly eight years , and Its existence cannot liavo been unknown to the Heading officials. "What has now happened and what has led to the present petition Is this : The Heading officers liavo notified the members of the brotherhood on Its lines that unless they cease to bs such members they will be dis charged from tholr present employment on or before October 8. The receivers make no complaint of the manner In which the brotherhood employes' dlschargo their respec tive duties. The notice has been given sim ply because of such employes membership of the brotherhood , as Is conclusively shown by the following telegram received by Grand Master Wilkinson In reply to his remon strance against the course proposed to be taken : SUIT ONE OH TUB OTHBH. " 'Tho policy of this company Is well known to bo that It will not consent that persons In Its service siiall ewe allegiance to other or ganizations which may make claims upon them which nro Incompatible with their duties to their employers. This position was taken advisedly , and wo have no Intention of departing from It. " 'JOSRPH II. HAHRIS , " 'President and Hewlver.1 "Thus , If the receivers are right and their rule Is to prevail , membership of the broth erhood by ami of Itself Incapacitates for services on the road. It Is respectfully sub mitted that the receivers are wrong , and that the action proposed by them ought not to be sanctioned by tha court. "It will take help to make plain that pre- clso question before the court to note the opening words of the telegram Just quoted : The policy of the company Is well w to be. ' etc. , etc. Mr. Harris , who signs ho telegram , both as president and receiver , ev idently forgets the company Is no longer In control that It can liavo no present policy on the subject , nnd that what its past policy was Is of slight consequence. The Reading railroad , .being now In the hands of the re ceivers , the receivers and employes of the company are officers of the court. The court , therefore , and not the company , Is the em ployer of all the persons onguged In the operation p.of eration of the road. The present policy of the court , and not the past policy of the company. Is the material thing to be con sidered , and hence the precise question ills. , will the court now lay down the rule that members of the Brotherhood of Trainmen shall , because they nro such members , bo discharged from the service of the road ? "The court , It Is admitted , ought not and cannot lay down any such rule , on the ground that until either the purposes and objects of the brotherhood , or the mcuiis byte which they are to bo attained , are shown teed La Illegal.OHJECT8 OHJECT8 OP TUB ORDER. "The general purposes of the brotherhood nro stated In the preamble to the constitution us follows : 'To unlto the railroad trainmen Innd men ; to promote their general welfare and advance- their Interests , socially and Intel lectually : to protect their families by the oxcrclso of a systematic benevolence society , needful In a calling so hazardous as ours , this fraternity lias been organized. " Toreuadcd that It Is for the Interests both of our members and their employers that ilha Eood understanding should at all tlmoi exist between the two , It will be the constant en deavor of this organization to establish mutual confidence and create and maintain harmonious relations. ' "Such are the alms and purposes ot the Brotherhood of Hallway Trainmen. Cer tainly these objects must b regarded eras laudable. In the highest degree and as de earring the approbation and support of every good citizen. These nro Indeed practically the same ta those for which the working people are expressly authorized to Incorpor U. t ate themselves by act of congress the statu tory description of such objects being for the purpose ot aiding Its members to become more skillful and etnclent workers , the pro motion of their general Intelligence , the elevation of their character , the regulation of their wages and their hours and condi tions of labor , the protection of their Indi vidual rights In the prosecution ot their trade or trades , the raising of funds for Iho benefit of dead , disabled or unemployed Lhom bora or the families ot deceased members , erIch tor ouch other object or objects for which Working people may lawfully combine , having In ylow their mutual proU'ction or benefit. ' "It the means to these pralMworthy ends ba BOW examined there Is nothing In them to which . the . . most . captious . . , critic can object _ r except the provisions made tor strike ? . It Is well to note that even these provisions are of an eminently conservative * character- that great care Is taken to guard against the abuse ot n weapon which Is a two-edged sword and generally proves as damaging to those who use It as to those against whom It Is used. PROVISIONS FOR STRIKING. "Thus , by the brotherhood constitution and rules , a strike does not take effect till ap proved , first , by the local grievance com- mlttcoj second , by the general grievance com mittee ; third , by a board of adjustment ; and fourth , by the grand master , with the consent of two-thirds of the members Involved , whllo striking or Inciting to ttrlke except In ac cordance with the above rules Is punished by expulsion from the brotherhood. "Nevertheless , among the means of accom plishing the ends of the brotherhood Is the bringing about of a strike. As to what a 'strike' consists ot Is not defined by the brotherhood constitution nnd rules ; Its pre cise nature must be determined by the court. And ns the brotherhood Is entitled to the ordinary presumption of lawfulness for Its methods as well as Its objects until the con trary la shown the court will hold the thing termed 'strike' In the brotherhood constitu tion and rules to be something lawful , unless there cannot bo such a thing ns a lawful 'strike. ' "Hut whatever may be the customary or probable Incidents or accompaniments of a strike , It cannot be ruled that there Is no such thing as a legal strike , that every strike must bo milauful. The .necessary elements of a strike are only three : (1) ( ) , the quitting of work ; (2) ( ) , by concert by two or more ; (3) ( ) , simultaneously and In and of themselves they Involve no taint of Illegality. "A strike becomes Illegal when to these necessary features are added others , such , as a malicious Intent followed by actual Injury , Intimidating , violence , the creation of a pub lic nulionce or a breach ot the peace of any sort. STRIKE NOT NECESSARILY ILLEGAL. "Hut It Is unnecessary to elaborate the proposition that a strike Is not necessarily unlawful , since It Is emphatically sustained by the recent decision of the court of appeals In the Farmers Loan nnd Trust company versus the Northern Pacific Hallway com pany just decided In Chicago , and It Is hardly necessary to point out that the attending circumstances which often make strikes un lawful are none of them provided for by the brotherhood constitution and rules and cannot therefore be assumed to bo necessary Inci dents of any strike occurring pursuant to them. "If a rule that a brotherhood ot the train men fchnll not work on the Reading railroad cannot be justified because of anything In herently unlawful In the constitution and rultM of the brotherhood , the only remaining ground on which It can be defended Is that of business expediency. It Is conceivable , though the spectacle would bo a curious one , that a court of the United States may on business grounds refuse employment to persons for no other reason than their mem bership In an association whose purposes the laws of the United States expressly sanction , hut It Is safe to say the consideration , of business policy Impelling the court suggested should be of the clearest and mojt cogent character and that the question presented Is ono which the court will recognize as ot tlitfgreatest Interest and Importance. In considering the question of the business ex pediency of the employment of the brother hood men such objection as there Is to It must arlso from the fact that under Its con stitution and rules the employes may engage In a strike with all the natural and possible Incidents and consequences. It can hardly be donlcd that otherwise the brotherhood organi zation Is not objectionable , but Is salutary In Us operation , both as regards the employes and the employers. UNORGANIZED LABOR MAY STRIKE. "It should be remembered , In the first place , the risks ot a strike are not obviated by ex cluding the members of the brotherhood from the receivers' service. Men , deeming them selves aggrieved and seeking relief or re dress , though not associated In any formal way or for any general purposes , may easily unite for the single purpose of a strike. In that view the brotherhood constitution and rules may be well regarded as operating In restraint ot strikes. ly ) compelling the question of strike or no strike to be acted upon affirmatively by four or five different and Independent tribunals they certainly tend to prohibit a strike that Is rash or reck less , or for other than weighty cause. While , therefore , under the circumstances of the pres ent case the possible evidence of a strike would seem to bo minimized , It should not bo forgotten in the second place that the re ceivers propose a remedy , towlt : A rule excluding or discharging from service any and all members of the brotherhood Is Itself open to serious objections and disadvantages. When treatment so apparently unfair and discriminating Is administered through the Instrumentality of a court the resulting dis content and resentment of employes are In evitably Intensified , because the law Itself seems to have got wrong and In some manner to have taken sides against them. Thus tht mischiefs apprehended from membership In the brotherhood by the receivers' employes llo wholly In the future and are as small as ls possible In the nature of things , while the mischiefs to arise from enforcing the receiv ers' proposed rule are real and Immediate. Whether , and how for this may be regarded as offsetting another need not bo discussed. COURT CAN HARDLY HESITATE. "Tho rejection of the proposed rule may rea sonably bo expected to bo attended with such substantial advantages that the court can hardly hesitate as to the course which Bound business policy dictates. Not the least of such advantages is the avoidance of the In- vldtousncss ot the Illegal position that a man shall go without work unless he will give up a legal right ; a right he may properly deem essential to his safety and welfare. "No better mode for the settlement of con tests between capital and labor has yet been a devised or tried than arbitration , and arbitra tion as a mode of settling difficulties between capital and labor must necessarily be applied In the course ot the receivership , nnd arbi tration In Its best and most effective form. The court , by appointing receivers , consti tutes Itself not only an employer of labor , but the arbitrator of all disputes between It nnd the receivers , who may Justly be regarded as representatives of capital. It occupies the dual capacity of employer and arbitrator naturally and Inevitably. It Is an arbitrator whose wisdom and Impartiality ore. certainly should be , and must be assumed to be , beyond suspicion , "An arbitrator Is ono with whom both parties have reason to be satisfied , both from Its character and Its ability to make Its award effective , and might well be expected to furnish an example should outcomes per mit or require a conspicuous object lesson illustrative ot the value ot the arbitration principle. "In short , the question being whether busi ness policy requires the court to approve the rule that a member of the Brotherhood ot Railroad Trainmen Is Ipso facto Ineligible as an employe of the receivers of the Reading railroad and an officer of the court , the con clusive considerations may be summed up as follows : VALUE OF THE RULE. " (1) ( ) Tlio rule Is of doubtful value as a pre- ventatlve of strikes , because It leaves em ployes to act upon Impulse and from passion and freed from the restraints of the brother hood regulations. " (2) ( ) The rule Is of doubtful value when the court Is the real employer , both from the reluctance of the employed to defy the court's authority and from the power of the latter to speedily and summarily vindicate It , " (3) ( ) The rule Is ot positively Injurious tend ency In the disaffection and discontent en gendered among the employes by the denial to them ot rights enjoyed by citizens gen la erally and deemed necessary for their secur ity and comfort. " (4) ( ) The repudiation of the rule , on the other hand , ha.3 the positive merit of tending to secure for the service the good will ot em ployes , anil thus promoting Its efficiency ; of recognizing the real conditions of the capital and labor problem and the fact that labor both has the right to organize and Is organized ; of Illustrating the working under the most favorable auspices ot the principle of arbi tration as the means of adjusting the differ ences between capital and labor ; of demon strating that there Is not one law for one class of the community and another for another - other , but the tame for all. and thus tending to preserve for the law and for the judiciary by which It Is administered that general re I spect and confidence which liavo always been a marked characteristic as well as excellence ot our Institutions. "RICHARD OLNEY. " Oregon Kidney Tea cured all kidney trO'i bles. Trial ilze , 25 cents. All druggliU. i-V u > | | * For business We offer our 'entire stock of i i NOTE. $15 $18 and some i' * $20 The prices of Suits and Overcoats for $5.00- these coats Suits andOver do not cover the cost of making , leaving the cloth and the Your choice of all the single and trimmings clear out double breasted kersey Over of the calculation. coats silk and Farmers' satin We arc determined lined worth up to $20 , go at $5 to do the Suit and tomorrow Overcoat business of Omaha , no matter trj ter how great the loss , Your choice of any of the Cassi- mere or Cheviot suits in four patterns A SUIT terns , single or double breasted , or an worth all the way from $15 to $20 for $5.00 . - OVERCOAT W FEEL OF THEM , LOOK AT THEM IN THE WINDOW. 9 Clothin 1 I successors to Columbia Clothing1 Co. , 13th and Farnam Streets. i MONEY AND WINE TO JURORS Sample of Deliberative Methods of Woodbury - bury County Justice. t-RIBING ON A MOST EXTENSIVE SCALE Voidlct Wus nought by Walter Strange lu a Suit Tor Thirty Thousand Dollars Urought by Arthur KIiy Two Yours Ago. SIOUX CITY , la. , Nov. 8. ( Special Tele gram. ; ) A startling sensation came to light In the district court hero. About two years ago a young Englishman named Arthur Khys sued Walter Strange for $30,000 ho claimed to have advanced for use In building the Central stock yards nnd which ho claimed was misappropriated by Strange. The Jury returned a verdict for Strange. TliN Now < Uhys asks for a new trial on the ground that Strange bribed the Jury. Po.ter grMi Madison , an ox-policeman , who was on the jury : , went on the stand and testified that during the trial of the first case Frank Mo- duN Near < , another Juryman In the case , came to him : and told him that Strange had supplied him with money to secure a verdict for him and that McNenr at every Intermission In tha case brought all the Jurymen liquors and continually talked to them about what good follow Strange was. Finally he ad mitted that McNear and Strange drove to his brother's saloon ono night during the progress of the trial and there paid him $50 to use his Influence to secure a verdict for Strange. McNear owned tho-corn and ad mitted on the stand that he , too , was paid to vote for a Strange verdict In the Jury room nnd was supplied with money by Strange to use In Influencing the other Jurors , Michael Dolan , another Juror , testified that during the trial Strange offered to get him a customer for n pleco of land if he would vote for a verdict for him In the Jury room. He said he did not get the customer for the land , but that Strange bought his daughter a piano nnd paid his expenses on a trip to visit relatives In Boston. The at torneys for Uliys claim they will prove other Jurors wcro bribed today. No arrests have been made yet , but they are expected at any moment. sAVicn mo.u A MOII. Iowa I'cddlcr llounil Over ut Ilnpblnton for Ani.-inltliiK n IVoiimn. CI3DAR UAPIDS , la. , Nov. 8. ( Special Telegram. ) Joseph Musselpli , the Italian peddler who assaulted Mrs.Minnie Dufou < ! near Hopklnton because she refused to buy his goods , and who narrowly escaped lynch ing , IIUH been held to the grand Jury In the Bum of $1,000 , nndlll be tried ut the next term of court nt Manchester. The woman's Injuries are unite seilous. Vlolutrd the Trillion I.IUTK. Dns MO1NES , Nov. 8. ( Special Telegram. ! In the federal court today A. L. Wrlglit and S. C. Dunkle were lined $1,500 each and A. S. Gockley $1.000 for violation of the pension laws. They are nil physicians from Carroll county , nnd previous to a year ago were members of the pension examining board of the district In which Carroll county located. They were. Indicted on five counts , nnd In pleading mUlty made the statement that the/ , violated the Jaw withou fraudulent or evil Intent. In the hurry of professional work they permitted one mem' her to do the work nnd nil drew fees there' for and without being conscious of the fac certllled that all were present at the ex aminations. In this wny about 1.200 Itlega fees were drawn , which were refunded , In addition to the lines. < ( itiinicrrliil > uniri' Delecutn. DES MOINE3 , Nov. 8.-(8p-clal ( Telegram. Governor Jackson today appointed thu fol lowing delegates to the transrnlaslsslpp commercial congress , to be held At Ht. Loul November 26 , lantlng four days : Thomiu Arthur , Ix > gan ; S. F. Smith , Davenport < ouls Ilnrb.ich , Des MolnesV. : . II. Jiow man , Wuverly ; Albert Head , Des Molnes Delle C. Huntoon. Dubuque ; H. C. Hull Wmiamabnrc ; William O Kent. Fort Mad Ison : A. W7 Erwln , Sioux City : William Oronewee , Council muffs ; Charles L. , Qif chrlst , Des Molnes ; Carl R Kuehulc. Den Ison ; Ira J. Alder , Iowa City ; Calvin Man nine , Ottumwa. Other delegates may tppolntcd by mayors of laige cities and ualness organizations. SHUIWD. Dr. Hillings Ilns Already Coin mlttod Him self on the T6xns i'OTcr yucntlon. WASHINGTON , Nov 8. Agricultural de partment officials who nro watching the pro- rress of negotiations between Germany nnd ho United States over the question of ex cluding American cattle Incline to the be- let that by her latest move the European ) ewer has prepared for a clever stroke of diplomacy. The announcement from semi official sources that the German government iad agreed to leave the crucial point ot dls- jute whether or not Texas fever could be communicated to other cattle by tlio Im portation of American stock to the prepon derance df expert opinion seemed on Its face a material concession to the United States. : t might have been accepted ns such but for the qualifying statement that their chief au thority would bo Frank Billings of Nebraska. The work of Dr. Billings Is well known at the department. He was formerly connected with the state agricultural experiment sta tion of Nebraska , and other labors which ho conducted nnd which brought his name be fore the public were experiments upon swine n furtherance of an inoculation theory that the scientific men of the department smllod at. Mr. Billings Is a democrat , and at the beginning of this administration was a can didate , but an unsuccessful one , for the posi tion hold by Dr. D. E. Salmon , chief of the jureau tit animal Industry. A thorough investigation of the propagation of Texas fever , conducted by the bureau of animal Industry before the present compli cation with Germany had arisen , led to con clusions which preclude the belief that the germ could be spread abroad by the ex portation of northern cattle. Dr. Billings , however , antagonized Dr. Salmon's verdict and wrote a paper which furnished Just the authority the Germans would doubtless de- siro. Officials say that It Is evident that Ger many haa secured the writings of Dr. Bil lings on the subject , hcnco Its avowed In tention to rest Its case upon his opinion. Bureau scientists assert that Dr. Billings has strongly antagonized the department's work recently and think ho may bo aiding tbo Germans In this matter. Aimrurg llnvo llccn Few. WASHINGTON. Nov. 8. The statistician of the United States Department ot Agri culture states that owing to the compara tively small number ot returns ns yet re ceived In answer to the special circular In regard to the food Ing. ot wheat to stock the department will not make a statement as to the same on the 10th , nor until more ex tensive returns are received. ti In tlio Navy. WASHINGTON. Npv ; 8. The Detroit has arrived at Port AdAldga , Azores , cnroute to China , The Montgdmery has arrived at Newport to take atioar'fl her torpedoes. The Dolphin and Nlva. 'hive arrived at New London to take purtmln the trial of the Ericsson today. TALatAOK Hard Times TukriiUntn Consideration Ilm I'uturii'Diiulitfiil. ' BROOKLYN. Noy , ,8. , Leonard Moody , president of the Brdoklyn Tabernacle board ot trustees , called Jo.ii } ) r. Talmage and dis cussed with him the ifuturo of the Taber nacle congregation ; ' 4 $ o' Dr. Talmoge's pastorate. To a reporter Mr. Moody said : "I strongly advised DrTTalmage against re building the Tabernacla ! I told him that In the face of the present hard times It would be difficult If not Impossible ) to raise the necessary money and , he agreed with me. Dr. T. De Witt Talmage has written a let ter to the elders ot the church tendering his resignation. The ' .following Is a copy of the letter : BROOKLYN. Nov. 8 , ISSI. To the session of the Brooklyn Tabernacle : Dear Brethren I hereby ask you to Join with me In u re- quetit to the Brooklyn preobytcry that they dissolve the pastoral relation now existing The congregation of the Brooklyn Tabenia- clo have built during my pastorate three large churches , which have been destroyed U Ta not right that ; ! should call on them to build a fourth church durlntr my min istry I advice ( hat you do one of two htlngs either call a new pastor , under whose leadership a new church might be built dr remain In organization until you can glvn certificates of membership to our people , no they may In tha usual form join sister churches , AH for myself , I will , as 1'rovl denco may direct , either take another pas to rate or go Into general evangelistic work preaching the gospel to nil people without money and without price. Thanklns you for your eVcr-lncrenshiK kindness to mo and mine , and hoping to be reassoclated with you In the heavenly world , together with the multitudes with whom we have wor- Milpped during the last twenty-five years , I um , yours In the gospel , T. DE WITT TALMAOE. The session , according to a friend of the preacher , met Talmage last night nnd agreed to request the Brooklyn presbytery to dis solve the pastoral relations now existing. This Is a practical acceptance of the resigna tion. JIIHHOl' AbJtJtKirX OJHTH KXVITKD. lo mid Clmplnln McCabe llnvo a Lively l.lttlo Word HcrimmiiBo. BROOKLYN , Nov. 8. The second day's session of the Methodist missionary confer ence was held this afternoon at the Han son Place Methodist Episcopal church , Bish op J. T. Newman presiding. After prayers iad been offered Bishop P. C. Andrews of cw York moved that ZVs per cent be taken from the home and given to tne foreign nlsslons. Chaplain McCabe spoke next and suld Bishop Andrews almost Invariably op- losed nil his plans. "That's false , " shouted : he bishop. "Show me wheie I have opposed you. " Chaplain McCabe replied that he iad not kept a memorandum , but Intimated .hut ho would keep one for future use. Ho said the bishop's education regarding the needs of western frontier missions had been sadly neglected. At this point Bishop New man called upon Chaplain McCabe to drop personalities and to keep to the question of debate. An appropriation of 53 per cent for home and 43 for foreign missions was llnally de cided upon. Rev. IJr. Leonard culled the attention of the oillcers to the fact that [ ilsliop Taylor , who received an appropria tion of $2,500 for a library , and Inige private lonntioiiM besides , had made no report of ils expenditures since ISbS , although he had een called upon by the conference to do HO. The Methodist Social union gave a ban quet to the members of the conference at the Hotel St. George tonight. It was fol lowed by a reception. S ir.r.i : < i.tL. Any I'ccullnrlty of Rlurklni ; Ilcmlers the Australian Ilnllnt lllrcnl. LANSINO , Mich. , Nov. 8.-The supreme court today handed down the most Im portant decision affecting the present meth od of voting that has ever been made. On the question of what constituted a "dis tinguishing mark" on a ballot , which mark Is prohibited by law , the court unanimously holds that any mark whatever other than the single- one appropriate to designate the Intention of the voter Is a distinguishing' mark. The case wna brought In the con testing ot the rights to olllce of two local candidates at Bay City , who were ostensi bly selected nt a spring election a year and a half ugo. By the decision both are ousted from oillce. The results of this decision will be far-reaching. The court holds that If two tickets on nn otllclal ballot are Identical that the markIng - Ing of a cross over each Is Illegal ; also that to mark a cross over any ticket and then before each name on such ticket , or plac ing a cross befoie the name of a candidate and then erasing tlu > name of his opponent on another ticket Is Illegal. In substance , the opinion holds that a single mark Is a vote nnd Is Hulllclent to Indicate the voter's Intention , and that n second mark might be agreed upon as a means of identification. It has been the practice of election Inspec tors to count ull Huch double marked ballots so that under this decision any of the elec tions held under the Australian voting sys tem may , U Is believed , be contested. Attempt tii Iturn a Tonn. WHEELING , W. Va. , Nov. g.-A dns'ardly attempt was made last night by some un known parties to destroy Addl.son , the county seat of Webster county , by lire. The town wan net on fire In we vein I places. nn < before the people could be aroused and the llrcs extinguished the opera house , D. M Miller & Co.'s Htore and the postnillce buildIng - Ing were consumed , the loss being very heavy , with but little Insurance. As Ad- dlson Is In the Interior only meager par ticulars can be obtained. SEVEKT SHADES. All rich , natural color * , are produced by the Im perial Hair ItrRcnrratar. The colors are fait and washable , but will not plain the scalp. IMPERIAL HAIR REGENERATOR IlMtorei erny hair ta Us natural color and Riven color and vitality lo lialr iixilloil by bleaching Miutache , lirnnl , eyebrow i ami uyelaMliei inayli * colored wllh It. It U perfectly clean. BenJ for free book about U. IMPERIAL CHEMICAL MFG. CO. , 292 FIFTH AVE. , N. Y. BOLD UY RlinnUAN & MO CONNELL. 1513 DODOH STllUhT , OMAHA , NL'U. SLY AS A FOX SLICK AS A DUDE , SEE HIM ! ! How is this for Hlr. Palmer Cox's Foxes ! YOU EVER SEE THE LIKE BEFORE ? THIS IS A FAIR SPECIMEN OF HIS LATEST WORK Crammed as It Is from cover to cover with the quaintest concep PEOPLE PER tions in picture and rhyme. Enough to crack your sides with merriment and set the children wild with delight. He Never was Born THAT A CANDLE COULD HOLD TO PflLMER GOXI in picturing BEASTS , BIRDS , GIANTS , GOBLINS , etc. , etc. , aa human beings up to every conceivable pleasure or mischief. No. 1 to our readers now. SPECIAL CHRISTMAS TREAT TO OUR FRIENDS. By the most brilliant Bran New Boobs Juvenile Artist living EACH COMPLETE IN ITSELF. WORTH 50c FOR ONLY lOc. RUSH CONTINUES EVERYBODY DELIGHTED. NOW.