Omaha daily bee. (Omaha [Neb.]) 187?-1922, November 09, 1894, Page 5, Image 5

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    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.