THE OMAHA DAILV BEE: FKIDAY, NOVEMBER f, 1900,
REFORMATORY LAW IS VOID
Supremo Court Holds That the Nebraska
Statute is Unconstitutional,
FIXES THE AGE AT TOO HIGH A LIMIT
Htalutf! Sny Children t'mlrr 18 run
He Cnmmlttnl tor lui'urrlKllilll(
Whlln Hip Constitution Snyn
111 In Mir l.lmll.
LINCOLN, Nov 8,--(Rpeclnl.) The su
premo court toduy handed down an Import
nt decision relating to tho Nebraska reform
school law which will open thn way for the 1
successful prosecution of habeas corpus pro-
eecdlngs for thu discharge of many of the
hoys and girts now confined In thn mate's
IndURtrlal schools. The decision declare
iinconr.tltutlonal thn legislative art which
provides for tho commitment of boys and
glrlB under tho age of 18 year. The con
stitution of the state fixes the age limit
Hi 16 years and tho court holds that per
hoiiH over that ugo cannot he committed
to olthcr of tho Industrial schools unless
convicted of crlmo under the criminal code.
This decision wan In thn case of Scott
ucalnst Klowers.
Tho caso wan appealed from Lancaster
county. In 1896 I Scott filed a com
plaint In tho county court, charging that
Sarah Jane Hloworn, a girl of 1C years, was
Incorrigible nnd from lack of proper pa
rental earn and control was growing up In
Idleness and vice. On this complaint she
was, after an examination nnd evidence
wan taken, liy tho county court committed
to thn Industrial school for girls at Geneva.
The hearing was ex parte In character
Afterwards she was released and by her
next friend. Lucrotla Flowers, commenced
nn action In tho district, court of thla
county against Mr; ficott for damages, sot
ting forth two grounds for action, one for
futsc Imprisonment ant) the other for ma
licious prosecution, the latter being taken
from tho Jury by Instructions of tho court.
Tho Judgment was In her favor on the llrst
cause of nctlou, from which Scott appealed
to tho supreme court. Tho principal ques
tion Involved was tho proper construction
to bo given section 12, article vl II of the con
stitution of tho statn
MllnliiiM or thf Opinion.
Following Is the syllabus of the opinion:
Section II. article vlll. of the constitution,
which declares "that thn legislature may
provide by law for the establishment of a
school or schools for thn sufc Keeping, edu
cation, employment mid reformation of all
children under the uzn of 10 years, who, for
vnnt of parental cure or other cause, are
growing up In mendicancy or crime," Is a
limitation on the power of the legislature
nnd section 5, nrtlcln .xll. chapter Ixxv, of
the Compiled Statutes, to the extent that It
prescribes un ugo greater than that llxed
In the constitution for such commitment,
Is unconstitutional find void.
A youth who Is Incorrigible Is "growing
up In crime," within the meaning of thut
term as employed In said section of the con
stitution and u statute prescribing for tho
commitment of Incorrigible youth to the re
form school Is not for thut reason contrary
tn tho terms of said section.
A complaint filed In the county court un
der Bectlon 6, article I, chapter Ixxv, charg
ing no crime, but In Incorrigibility merely,
Mates no cause for commitment to the In
dustrial or reform school and a person so
arrested and committed has n cause of ac
tion against tho person Ming the same for
fulse Imprisonment.
Joint tort fensors aro Jointly and severally
liable for their wrongful acts. A causn of
action for false Imprisonment mny be
Joined In tho snme petition with a cause of
notion for malicious prosecution when both
arose out of one and the same transaction.
In an action for false Imprisonment plolntirr
way prove newspaper publications contain
ing an account of his arrest anil Imprison
ment without comment thereon.
Error cannot be successfully predicated
upon thn admission of testimony without
objection.
The withdrawal of evidence from the con
sideration of thn Jury by an Instruction
cures any error In tho admission.
Cnimtrurtlan of tlir Court.
After dlBcussIng the various constructions
of tho constitutional provision, tho court
Rays:
Tho llrst threo constructions not being
permissible, wu are forced to the conclusion
that wild section of the constitution was de
signed unci Intended as i restriction upon
tho leglslatlvu authority. Then, If It was tho
purpose of the makers ot tho constitution,
i u n un .,t.i.,.wl II 1.. Vi n i . ha-an Ihnl nn.
only those that aro criminals und have been
convicted of crime und are deemed capable
of reformation, nut also tnose so rar "grow
ing up In crlmo" oh to have been Incorrigi
ble, mav bo committed to such Institution.
It must bo thatltbe framers of that Instru
ment meant that the llmltutlon of ago dur-
lnir which either or said classes could re
ccTve thn benefit of such Institutions Is IS
years, and not a greater age, Whether the
framers of that section wero wise or not
In so fixing the ago limit, It Is not our
province to discuss. It seems clear to the
court mat ine constitution Millions tne leg
Islature from tirovldlnir for the commit
inent to the, Industrial schools of children
of any class, eltner or an incorrlglWo na
turn or criminals, tn fact. If beyond tho age
of ltS. For the reason that section 5. article,
I. chanter Ixxv. of the Comnlled Statutes.
prescribes that boys or girls under the ago
ot 15 years may " i-uiuiiiiiiru iu ine uiuus
trlnl school, It Is contrary to section 12,
article vlll. of the constitution, nnd Is void.
Therefore. If said coninlant was framed and
tiled under the provisions of sttld section 6
It did not state n causo for commitment and
tho arrest and commitment of said Flowers
In tho proceedings had under such com
plaint were a nullity and constituted fulso
imprisonment, for which said Scott, who
preferred thn charges therein sot forth,
would be llablo to her In damages. From
the proceeding wo must not be understood
us holding that a person over the uge of 16
years who has been convicted of violating
tho criminal code may not bo committed to
tho reform or Htato Industrial schools. The
regularity of such commitments Is not ques
tioned In this proceeding.
Itnr to llriiPlltH.
In the case of William M. Clinton
against tho Chicago, Ilurllngton & Qulncy
railroad tho court held that an employe
who had accepted damages for Injuries
sustained could not recover benefits for
mich Injurlos under an agreement releas
ing tho relief department from liability In
case of acceptance.
Ono declslou that will bo of Interest to
nttornoys was rendered In the case ot Dong
las Cones against Oeorgo A. Ilrooks, In
which tho court held:
An attornoy has a general or retaining
Hen upon all papers, books, documents or
money of Ills e'lent coming Into his hands
In tho course of his professional employ
ment. Such lien depends upon possession
and attaches only to papers, books, docu
ments or money In the hands of tho at
The Automobile and
Talking Machine
Theater
IS NOW
OPEN
DAILY
AND
EVERY
EVENING.
Don't fall to vUlt If you enjoy tho best
or music, or desire to sou our moat success-
lul horsoless carriages In operation.
OMlUl
and Lincoln. Neb.
II Paraam It, HOB s. 17th ,
rfcaaa 1C53. Uvea Uvaalac,
torney and It Is effective without notice
to anyone. An attorney cannot enforce,
by action, his general or retaining lien
upon r note, bond or other obligation to
pay motley, An attorney has a charging
or specific Hen upon money In the hands
of the adverse party to the suit Suit lien
Is not perfected until usual notice has
been given to the party In possession of
the fund. Tho notice of a charging or
specific- lien of any attorney need not be
In writing or placed among the files of the
ease. Any notice of thn claim und that
It will be asserted Is sufficient. Petition
In suit to enforce nn attorney's Hen, exam
ined and found to state facts, Is sufficient
to support the nctlou.
Tho court reaffirmed the declslou of the
lower court In the case of Chase against
Swift and Company. This was an action be
gun by a physician to collect fees alleged
to bo duo for services rendered to employes.
In the trial It was asserted that the de
fendant company had agreed with too
physician to pay for services rendered em
p oyes for ony Injuries that might bo re
ceived from strikers. The court hold that tho
manager of n business corporation has no
Implied authority to furnish medical aid
ami assistance to a servant of a corpora
tion who has been Injured outsldo tho lino
of his duties."
llinltlon f'nsr Itrinniiilril,
The decision In Hlchard S. Morton against
state ex rel William llayden, appealed from
Douglas county, was reversed and romand?d.
This case brought before the court for re
view it Judgment rendered by Cuunlnghatn
II. Scott, allowing a peremtory writ of
mandamus against tho (Ircatcr American
Exposition company und several of Its ofll-
ccts, commanding tho Issuance of u warrant
to Mr, llayden covering the amount of his
subscription, which was $100,000.
A decision In favor of J. Sterling Mor
ton was rendered tn tho caso of Morton
against John C. Watson. In this caso tho
court held that the dismissal by the dis
trict court of Otoe county of disbarment
proceedings against Watson should bo al
lowed to stand, but It overruled tho court's
action In taxing the costs of the original
hearing against Morton. This case has at
tracted much attention among lawyers of
Nebraska. Tho costs assessed against Mr.
Morton amount to over $1,000.
Cornell Must Pay Salaries.
Tho supremo court has allowed a writ
of mandamus commanding Auditor Cornell
to Issue warrants for amounts aggregat
ing $4,937.31, to Mrs. A. M. Davis of Lin
coln. Tho claims aro for salary ot officers
and supplies furnished the Homo of Friend
less beforo tho fusion appointees took
charge.
Opinions wore delivered in the follow
ing cases:
Chicago, ilurllngton fc Qulncy Uallroad
Company against Hitchcock County; af
firmed. Clinton against Chicago, Ilurllngton
& Qulncy Railroad Company; affirmed.
Cowln against Ilrooko; reversed und re
manded. Citizen's Stato Hank against Id-
dings; affirmed. Chase against Swift; af
firmed. Scott against Flowers; affirmed.
tinker against State; reversed and remanded.
Karnor against McDonald; affirmed. Morton
against WatBon; reversed and remanded.
McGrow, executor against State Hunk of
Humboldt; affirmed. Flsk ngalnst Thorpr
affirmed, feck against Sterns; affirmed.
Ucftlnn agalnBt Ewlng: affirmed. Hortcn
against Stato ex rel llayden; reversed and
romanded. Stato cx rel Davis against Cor
noll; writ allowed.
Hank Saved by flnrtilar Alarm.
NOItTH HEND, Nob., Nov. 8. (Speclul.)
Uurglars attempted to break Into the Bank
of North Rend this morning shortly after
12 o'clock, but wero frightened away by
an electric bell, which went off when they
stepped on a mat In front of tho vault.
Tho bell was ringing yet this morning.
The burglars left u large monkey wrench,
sledge und a lurgo piece of steel.
Just beforo they entered tho bank and
as Night Watchman Thompson arrived In
front of Kastlo's store ho -met two men,
whom bo accosted, when two mon on tho
opposite side ot the street In front of tho
Hunk of North Dend hallooed over and
asked him If there was any hotol In town.
He turned his head to answer, when he
was knocked down by a billy, searched,
handcuffed and locked In tho city Jail, until
released at 7 o'clock this morning. There
Is no clue to the burglars. There wore
four men, ono large and three small, and
all were masked.
Narrow Kseape from Death,
SYRACUSE, Neb.. Nov. 8. (Special.)
Yesterday morning J. R. Mapes and
Thomas Jones had a narrow eBcapo while
driving tbreo miles west ot here. Tbolr
horse became frightened on tho bridge
first east of the village, and backed off an
embankment fifteen feet high, the car
riage falling on top of tho occupants and
tho horse on tho carriage. Mr. Mapes
was struck on tho back ot the head, giv
ing him a sovero shaking up, besides
breaking his nose. Both gentlemen wero
under tho buggy, but fortunately for them
tho box caught on a projecting timber and
held It up long enough for them to both
crawl out, for tho horso soon went through
and would havo smoothercd them both to
death In tho soft mud ot tho creek bank.
The accldont occurred at 6 o'clock tn tho
morning. Mr. Jones was not much hurt,
but had to assist his companion Into town
Osninml nepulillrana Celebrate.
OSMOND, Nob., Nov. 8. (Special Tele
gram. ) Tho people of this town this even
ing hold a Jollification over the redemption
of tho state. Speeches wero mode' by every
republican tn town, and tho ladles quar
tette sang campaign songs. Bombs and
rockets galoro added to tho glorious jubi
lee. Hurrah for Nebraska and McKlnley
and United States Senator Hosewater.
Horse Thieve at Work.
DBATKICE. Neb., Nov. 8. (Special Tele"
gram.) A fine driving horso belonging to
O. Tl. Hecder of this city has been missing
from Mr, Heeder's stables since yesterday
and has undoubtedly been stplen. Tho dis
appearance of several horses In this neigh
borhood of late cleurly points to an organ
tied gang of horso thieves working the
district.
Klretloii Night at Rr-neva.
GENEVA, Neb.. Nov. 8. (Special.) Tho
election passed oft very orderly. During
the evening tho streets were crowded
with vehicles and people anxloua for ndws.
Returns were glvon at republican head
quarters and In tho Masonic banquet hall,
where tho Women's Relict corps was
serving the usual election night meals.
Celebration at Calhoun.
CALHOUN, Neb., Nov. 8. (Special.) A
monster ratification meeting was hold last
night by the peoplo ot this place. A large
bonfire was built In a vacant block and by
the light of It the Calhoun cornet band
played patriotic airs, after which a fine
display of fireworks was had.
Cnlil Weather In Xehranka.
ST. EDWARD, Neb,, Nov. 8. (Special,)
Last night was tho coldest night this fall,
the murcury dropping several degrees.
Water frozo to the depth of one-fourth of
an Inch.
Mlmiloiiiirle for Calm,
RICHMOND, Ind., Nov. 8. (Special.)
Iowa Lie furnished most of tho workers
chosen by tho American Friends Doard ot
Foreign Missions to establish missions
In Cuba. Zenas L. Martin ot Hubbard,
lu., und Sylvester Jones and wlfo ot 03
kalooaa, graduates of l'enu college, have
been selected and recently left her,a for
Cuba to take up the work. They Will bo
located ubout 400 miles east of Havana.
With them arc Miss Emma Phelps of In
diana, who has worked In the Mexican
field, and two native Mexicans, educated
In the Hussoy Institute, a Friend's school
at Matnmora4, Mex. The Iowa yearly meet
ing of Frlcuds la aiding In tho work.
BRYANISM MUST BE DROPPED
Democr&tio Nestors Project Themiebes Into
the Future,
AMPUTATION MUST PRECEDE VICTORY
Cntll All the I'rt Heresies of the
Itrnnknn l'oiullM Have llrrn Mcr
cllessl)' Dropped On Nothing
lint It ii 1 it Is I'ossllile.
NEW ORLEANS, Nov. S. The New Or
leans Picayune sent telegraphic requests
tn leading democrats In arlous sections
of tho country asking expressions with
reference to tho future of tho democratic
party. Tho' following are extracts from
some of thu replies;
Hoke Smith, Atlantn, (In. I doubt tho
advisability of a distinct movement by a
few mon with tho purpose of reorganiza
tion. A party which can poll tho enor
mous vote thut tho democratic party has
recently polled Is fur from being a dead
party. More conservative councils will pre
vail In future democratic conventions and
with a pronounced sound money platform
In 1904, with a man ugalnst whom no fac
tional light can bo made, there Is every
reason to bcllcvo tho party will triumph.
Horace Holes, Iowa My belief Is wo
should drop IS to 1, Let the money ques
tion rest whllo conditions remain as at
present. Organlzo democratic clubs In
every voting precinct to send delegates to
county, from county to stato and from
stato to national convention of delegates,
to meet periodically and formulate u plat
form for tho party. This should be based
on principles enunciated In our declara
tion of Independence. Insist on a strict
construction of tho sole source ot legisla
tive power In congress. No subjugation
of unwilling peoples by force. Expansion
tn everything that pertains to peace, con.
traction In everything that pertains to un
necessary war. One form of government
for all, ono flag, ono people with equal
rights to all und special privileges to nono
William Vilas, Wisconsin You cannot
wisely operate on u patient in utter col
lapse. When natural revival ensues, If
party consciousness comes back with re
turning vitality, the way to democratic
victory Is as pluln as the path of hon
esty nnd fidelity. Let democracy turn from
Its folly anil live.
John O, Carlisle, New York In order
to achieve success or to becomo beneficial
to tho country ns an opposition purty, tho
democracy must abandon all dead Issues,
free Itself from all demoralizing nlllanco
and return to the truo principles and pol
icies of tho party. Tho new questions
precipitated upon tho country by tho con
duct of the present administration nnd
tho declarations of Its supporters must
bo met In a broad spirit of Justlco and
sincere respect for tho mandates of .the
constitution and thu liberal principles upon
which our Institutions aro founded. We
have drifted Into a situation which makes
tho correct solution of these questions
exceedingly difficult and the party should
glvo them tho most careful consideration
In all their aspects beforo committing It
self to any specific plan of adjustment.
Upon tho general principles Involved there
will be little, dlffcrenco of opinion, but
tho measures to be adopted In order to
extrlcnto the country from Its present un
fortunate position rannot bo hastily for
mulated. What plan shall be proposed fo
tho reorganization of tho party In order
that Its real strength may bo effectively
exerted In a question which It seems to
mo ouglit to bo considered and decided by
a confevence composed of conservative
democrats, representing both elements ot
tho party as It has existed during the lust
tour years. All uro equally Interested In tho
success of tho party on a sound and patri
otic platform of principles and therefore ull
should bo consulted both as to the plan of
reorganization and policies to bo announced.
Senator John W. Morgan, Alabama
Tho democratic party needs no reorgani
zation. It needs fidelity to Its creed,
which has stood for 100 years. At present
It demands tho payment ot the national
debt nnd a return to tho 'specie basis' for
banking. It demands the restoration to the
states of the cxcluslvo right to determine
the qualification of voters. It demands
that all federal taxation shall be uniform
In places within tho limits of tho United
States. It demands tho suppression of
trusts and especially tho corporations, In
respect to all articles ot commerce that
aro subjects of Interstate and foreign
commerce. If democracy adheres to these
demands our present defeat will be only
temporary.
Henry Watterson, Louisville As tho
democrats aro cast down by tho result
ot this election, so will tho republicans
be elated and thrown off their guard. They
will fancy they havo tho world In a sling.
They are certain to proceed to excesses.
They cannot restrain cither their zealots
or their scamps. All tho clever rogues of
tho time, seeing where tho pickings and
stealings He, havo got luto tho republican
party. Tho new territories are veritable
gold mines of pillage. Acts of outrage
cannot be repressed or escaped, Tho
people at home will stand aghast before the
riot of corruption und despotism, und with
the disappearance of the fancied dangers
Incident to a change of parties, as It were,
In tho faco of tho energy, or words to that
effect, wherewithal tho republicans havo
deluded tho voters and forgctfitlness of
the passions aroused by tho lucklcts mis
adventuro uttendant upon tho revolutionary
fusion movement undertaken by tho demo
cratic leaders of the last half decade, the
opportunity of tho chastenod, enlightened
and reorganized democratic party will come,
and when R comes thcro shall arise a
leader of tho stature of Jefferjon, of Jackson
and of Tllden to give It expression and
effect.
E. W. Carmuck, tho next senator from
Tennessee The democratic party must
'stand fast by tho principles of the re
public against Imperialism, militarism and
tho treasonable conspiracy to subvert our
American Institutions and sell our Ameri
can birthright for tho plunder ot distant
provinces. It nuiBt stand for democracy
against plutocracy, for competition against
monopoly, for tho people agsflnst tho trusts.
It must be tho great conservative force ot
tho country. An uncompromising foo to
socialism or anarchy on tho ono band and
a vulgar despotism of wealth on the other,
T. C. Catching, Mississippi Drop free
sliver, drop fuslonlsm, drop tho cry of
government by Injunction, drop the cry of
Imperialism aud militarism, drop all dls
cusalon about tho Philippines until peace
has been restored, drop appeals to tho pas
pious and prejudices ot the Idlo and dis
contented. Rovlvo tho federal question of
taxation, teach the democratic doctrine that
people cannot bo made rich by taxing them,
assail tho favoritism nnd wrongs of a high
protective tariff, stand for the control of
trusts and combines by methods not on.
prcstlvo, demand enlargement of ho powers
of tho Interstato commerce commission and
tho liberal Improverarnts ot harbors nnd
Insist on local self-government aud let the
next presidential candidate remain at home
during tho campaign.
I'rmlilent Hecrlvm Cullers,
WASHINGTON. Nov. 8. The president
was kept busy today receiving callers. Sec
retaries Gage, Hay and Hitchcock and At
torney General Griggs called early to offer
their, congratulations. Senators Piatt ot
Connecticut and Sewall of New Jersey
and General Ludlow also called. The presl
dent greeted all callers with a hearty hand
shake. No cabinet meeting will bo held
beforo tomorrow, the regular day.
QUAY CERTAIN OF ELECTION
l2i-Senntor Declare He Will (let III
Old finer llnck by Oirr
wlirlmhiK Mnjiirtl).
WASHINGTON, Nov. 8. Former Senator
M. S. Quay, who will leave horo tomorrow
morning tor Florida, tonight gave out the
following statement for publication:
"The contest on Tuesday resulted In a
sweeping victory for thq stalwart repub
licans of the state. The senate will bo
organized by the regulars, no matter about
tho statements to the contrary niado by
hostile newspapers or Insurgents. Senator
W. P. Snyder of Chester county will be
elected president pro tern. of. the senate
and Representative W. T. Marshall, a stal
wart from Allegheny county, will bo elected
speaker of the house. I will bo elected
United States senator by above 150 out of
a total vote of 2S4 on tho first ballot In
Joint assembly."
PHILADELPHIA, Nov. 8. Stato Senators
David Martin, C. L. Magce. William L,
Flynn and J. Henry Cochran, who have
been among tho most actlvo of tho po
litical leaders In tho opposition to tho re
turn of former United States Senator
Quay to the senate, met In this city today
and discussed plans for u continuation of
tho fight ngolnit Mr, Quay In the legisla
ture which will meet In January. Senator
Martin Is 11 republican "holdover" from
this city, as Is Senator Flynn from Alle
gheny ccunty. Senator Magce was elected
by tho republicans on Tuesday from his
district In Allegheny county and Mr. Coch
ran, who Is tho democratic leader of tho
senate and who was active against Mr.
Quay In tho late legislature. Is a "hold
over" from tho district comprising Lyo
mlng. Montour, Sullivan and Columbia
counties. Senator Martin In a statement
made by him said:
"Quay will not bo elected United States
senator. Wo will without doubt have a
majority of tho legislature on Joint bal
lot." MESSAGES FROM ABROAD
McKlnley Receive Telegram of Con
Bratulatlon from Entile
I. nuhet and Otbrra,
WASHINGTON. Nov. 8. Among the con
gratulatory telograms received by the pros
Idcnt aro tho following:
"PARIS, Nov. 7, 1900. His excellency.
Monsieur McKlnley, President United
.Str.tcs of America: I beg you to accept
my most sincere congratulations on your
rc-cloctlon to tho supremo ofllce that you
hnvo filled with such lustre, and during
which tho bonds of friendship between our
two countries have, to my great delight,
been drawn still closer.'
"EMILE LOUBET.'"
"MANILA. Nov. 8. The President: Sin
cere congratulations. The most Important
step In bringing peuco aud prosperity to
these Islands has been taken.
"COMMISSION."
"GUATEMALA, Nov. 7. 1900. Mr. Mc-
Klnley: I sincerely felicitate you.
"M. ESTRADA, C, Presidents
PORTO RICO IS REPUBLICAN
Federal Stny .twny from the Poll
nnd Allow Their Opponent
to 11 1111 Tliluu.
SAN JUAN. P. R Nov. 8. Tho offlclul re
turns of Tuesday's election aro nearly all
at hand from tho various parts of tho Is
land. Tbey show, us was anticipated and
forecasted, tho election by tho republicans
of the entire house of delegates and of
Senor Frederlco Degetau tui commlsloner of
congress. Only 1C1 federals went to tho
polls, tbo total republican voto being about
r,0S,00O. Tho only dlsturbauco, thus far
reported occurred last evening, when somo
twenty republicans of San Juan, who wero
celebrating tho victory visited Rio Pedras,
a federal town. They wero met on tho
outskirts by the federals, with the mayor
and police. Shots were exchanged and one
perron was killed and two wounded. There
was some rioting In the town throughout
tho night. Police, reinforcements were sent
thero this evening to prevent a renewal of
the disorders.
PRESIDENT BACK IN CAPITAL
Several Hundred People nt the- Depot
to (arret II I in Dorm to
Work Auxin.
WASHINGTON, Nov. 8. President Mc
Klnley and his party arrived at 8:10 this
morning. Several hundred peoplo had as
sembled at tho Pennsylvania depot to bid
the president welcome, and a large number
of police were on hand to prevent a crush.
Secretary Hitchcock, General Corhln and
other officials ghthered about tho platform
of tho president's private car and wero tho
first to welcome and congratulate him. Tho
crowd outside broko Into hearty cheers when
the president mado his appearance with Mrs,
McKlnley.
After hasty greetings tho party was driven
to tho White IIouso, whero the president
had breakfast and men returned to bis
duties.
Tho trip beyond Pittsburg was ot night
and uneventful, although knots of people
gathered at tho stations throughout tbo
night to see tho train go by.
SUCCESS IN BLACK HILLS
Itrpnhllcaii Are Itejoiclnjr. Over Crrnt
Victor nnd Ileiiriwond Will
Hold Crlrhrntlon.
DEADWOOD, S, D Nov. 8. (Speclnl
Telegram.) Estimates of 1,600 republican
majority for tho Black Hills still holds good.
Mcado county has u very small majority
for Bryan, but It is believed that remain
Ing precincts will give about twenty-llvo
majority for McKlnley. Poter Edwards
republican candidate for senator In Butte
and Meado counties, will get election
through Butte county majorities. Rcpuh
llcans of Lawrence county havo -arranged
for a grand ratification meeting In Dead
wood Saturday night. It will eclipso any
thing ever held In tbo Black Hills.
WOULD NOT BE A SENATOR
Bryan Say Under Mo Circumstance
Will Ho Accept Position
In Conirrm,
NEW YORK, Nov. 8. The Evening Jour
nal prints the following telegram from W.
J. Bryan:
"LINCOLN, Nob., Nov. 8. To tho Editor
of tho Evening Journal: You may say offi
cially that under no circumstances would I
accept tho office of United States senator,
oven If it wero tendered me. I made my
fight for the presidency and I lost. I am
not going to tako other men's positions
from them. W. J. BRYAN."
ItooKFVolt t.'oiiuru tulMtr IIhiiiiii.
CLEVELAND, O., Nov. 8. Senator Hanna
received many telegrams of congratulation
today, among them tho following from Gov
ernor Roosevelt:
"My most earnest congratulations for the
very great sharo you havo had In tho vic
tory." Senator Hannu left this evening at 6:30
o'clock for New York.
Mrlvinlrv Hun Ahead of iicUct.
CANTON, O., Nov. 8. Semi-official flg
urrs of Stark covnty show that President
McKlnley gained nearly 2,000 over his plu
rality of 800 In 1896 and runs 700 aheud
ot the state ticket tu his homo county.
BRYAN IN ROLE OF CORONER
Defeated Candidate Bays Remit Wm Com
plete Surpriso to Him.
TRIES TO NAME THE BRICKS THAT HIT HIM
Serine; That the l.rulnln 1 11 rr In Itrpnli
llcnn the Colonel .VrriTtly Leave
the Field to Allen, Hitchcock I
II lid iiionipKiill. I
LINCOLN. Nov. 8. W. J. Bryan tonlRht
gave out the following statement concerning
the election:
The result wns a Fiirprl.e to me and t'u
magnitude of the republican Ictory was 11
surprise to 1 ur opponents H Well 11s to
those who voted our ticket. It is imposolblo
to analyze t !- returns until they are more
complete, but spenktng genirnlly, we teem
to have gained 111 the large cities nn.l to
hnvo lost In the nmolier'cltles and In the
country.
The republicans were able to secure
tickets or iuipm'M for ull their voters who
wero away from home and this gave them
considerable udviititnge Wo lui'o 110 way
of knowing ut this time how much money
wits spent In the purchase uf votes and In
colonization. Hut while these would iiccuint
for some of the republican gains, th'y
could not account for the wldesnroad In
crease In the republican vote. The pros
perity argument probably was tho most
potent one i!ud by the republicans, Tlwv
compared present condition, with the panic
times of ISM to 11 und this argument had
weight with those wlij did not stop to
consider the lenioti for the change. The
nppcal to "stand bv the president while
1 110 war Is on" hud a r.reat drill of In
fluence umon.T those who did not realize
that a war against a doctrine of self-g v
eminent In tho Philippines must react upon
us In this country. We made an lioiiesi
light upon an honet platform nnd having
done our duty ns we saw It, we have noth
ing to regret.
Wn wero defeated but tire not discour
aged. The light must go on. I am sure
that republican policies will be repudiated
by the people when the tendency of tlise
policies Is fully understood. The contest
between plutocracy nnd democracy ennnot
end until ono ur the other Is completely
triumphant.
Concerning himself, Mr. Bryun said:
I have como out of the cumpalgn with
perfect health and u clear conscience. I
did my utmost to tiring success to the
principles for which I stood. Mr. Sloven
son did all that he could. Senator Jones
and the members of the democratic, popu
list, silver republican and niitl-lmperlnllst
committees did all tbey could. Mr. Hcuist
and his associates In the club organization
put foith their bot efforts, our newfp'i
pers, our campaign speeches nnd our local
organizations all did their part. I have
110 fault to Mud ami c.o reproached. I ahull
continue to take an actlvo Interest In poll
tics as long us 1 live. I believe It to lie
tile duty of the citizen to do so, and lu
addition to my Interest ac a cltlren I toi'l
that It will reuulre a life-time of work to
repay thu political frlands who have done
so much for mu. 1 shall not be a senatorial
candidate before tho legislature which his
been elected. Senator Allen deserves the
senatnrshlp which goes to the populists.
Mr. Hitchcock and Mr. W. II. Thompson
uro nvowed candidates for the senntorshl".
They nro both deserving of the purty and
I am too grateful to them for past support
to oppose them.
AS JOHN G. CARLISLE SEES IT
Democrat1 ' Our dialler of Itehnlilll
tlltlon 4 In Complete llr
ni'Kniilr.nllon. ATLANTA. Gu., Nov. 8. John G. Car
llslo has wired tho Atlanta Journal In re
sponse to a request from that paper his
vlewa us follows:
In tnv oiilnlon. the democratic nartv
Miould at once organize on the democratic
Dusls. A return to tile conservative una
mtrlotlo position occupied by the party
icfore It was demoralized liv imimllsm .Hid
free i liver republicans in IS'.ul will urlto all
true democrat In an active opposition to
tho objcctlonnlile policies of, thn iuimlnltra-
11011, insure ine success 01 our noiiiieiii
frlcuds In slate and local contests and pre
pare tho way for a greut national victory
lu 1P04. The democratic votes cast tor
McKlnley wore not endorsements of hU
n.irtv or bis administration, hut nrotcstii
against what was considered the dangerous,
purposes nnd tendencies of the opposing
citiidhlatu
NEW YORK, Nov. 8. Ex-Governor Stone,
vice president of tho nutlonnl democratic
committee, said nt tho Hoffman house to
night. In regard to proposed reorganization
of tho democracy:
Tills talk about reorganization Is absurd.
Tho democratic party Is already organized.
It by reorganization Is meant a change In
tho national committee that will have to
be done at thn noxt national convention.
If by reorganization Is meant n radical
chuiigu of platform with n candidate whose
views accord with It, that will also have to
wait tho next national convention.
If tho next national convention wautH a
new national committee, I am willing to
abide by the verdict of the convention.
I havo noted that those men who clamor
for reorganization after defeat arc the very
ones that contributed to dereat. There urn
some peoplo who go to a convention nnd
demand a certain platform. Insist upon the
selection of certain candidates nnd ut their
failure to get what they want Imme
diately withdraw their support and becomo
opponents of thn party, If they want
changes let them work In their state or
ganizations for tho selection of delegates to
bring about those changes.
CULL0M ANDTANNER AT IT
lllnl CiuitliilutcN tor llcpiilillcan Nom
ination a t'nllcd tttatr Sru
ntor In Dispute.
SPRINGFIELD, III.. Nov. 8. Senator
Cullom left today for Chicago. After re
maining there a few days ho will proceed
to Washington to sit ns a member of tho
senate committee to Investigate tho Cuban
postal embezzlement. Ho feels assured ot
seventy votes in thu caucus of tho 112 re
publican members of tho legislature
elected. Governor Tanner, on tho con
trary, assorted today that Senator Cullom
would not have over fifty votes In tho
caucus.
(iovernor-nirct Vales on Result.
SPRINGFIELD, ill., Nov. 8. Governor
elect Richard Yates arrived hero today
from Chicago, accompanied by his wlfo and
family. After lunch with his brother,
Henry Yates, deputy revenue collector, he
culled on Governor Tonner. Judgo Yates
left later for his home. Jacksonville,, whero
a ratification meotlng was held tonight.
Ho talked freely of what ho considered
wero tho reasons for his having received
a lighter voto thun that given tho repub
lican presidential electors. He says tho
shortage comes almost exclusively from
Chicugo and thinks there were two rea
sons for that. He says tbo majority ot
gold democrats thero voted for McKlnloy
electors nnd for Alschulcr, because they
did not believe he was a free silver man,
In nddltton to this ho charges that the
democratic managers practically gave up
any hope of carrying tho stato for Bryan
several days before tho election and then
concentrated all their foiccs to Increase
tho voto on the candidate, tor governor.
IIItchoork'N Tribute to McKlnley.
WASHINGTON, Nov. 8,-Secretary Hitch
cock, who returned today from Missouri,
expressed his views on tbo election as fol
lows. "Tho American people havo but In a few
Instances elected a president to succeed
himself and President McKlnley's over
whelming endorsement by the people of
both parties Is accordingly all tho more
gratifying, His election Is a personal tri
umph; an expression of the people's ab
solute respect and admiration for and im
plicit confldenco In his personal character
and ot tho conviction that, Judging by his
past administration, tho nation's honor
nnd tho people's Interests could not be
committed to safer or wiser direction In
tho future."
Hear New from .VeliriisUu.
CIIICAOO, Nov. 8. Vice Chairman Henry
Payne ot tho republican national commit
too today received a telegram from the
chutrman ot the state committee of Ne
braska stating that the republicans carried
It by a sate majority; also that they hare
the state senate and tn all probability will
be able to control the house.
Leslie Combs, chairman of the republican
stato committee, telegraphed Mr. Payne
that an official count will bo necessary to
determine tho electoral voto of Kentucky.
Tho telegram ststes:
"Thtco thousand legal republican votes
remain uncounted In tho ballot boxes,
Other frauds will cost us C.000 votes,"
A nt l-(olonliil l.riiRur.
NEW YORK, Nov. 8 The executive com
mittee of the National Association of Antl
Imperialist clubs, of which C. C. Hughes
is chairman, held a meeting today nnd ap
pointed a committee to work out a plan
of reorganization. The committee Is: C
C. Hughes. J. F. Harder and F. W. Jnnssen. '
On tho subject of reorganization Mr
Hughes said
"It has been decided to reorganize the
national association ami to chatigo Its
scope to antl-colonlallsm. There has al
ways been 11 majority of tho leading men
In tho Notional Association of Antl-Im-pcrlallst
clubs who bclloved that the as
sociation should bo dovotcd to opposing
the system of establishing colonics. The
object of the reorganized Antl-t'olnulal
league will bo to limit Its work to nomi
nating nnd electing candidates who nro
In favor of opposing the policy of the
republican party In the Philippines ns at
present outlined by that party."
llrynii Wire Molvlnlpv. ,
LINCOLN, Ncb Nov. S. William J
Hrjhn sent thu following telegram today to 1
President McKlnley
"Hon. William McKlnley. President of the
United States: At tho closo of another 1
presidential campaign It Is my lot to con
grr.tulato you upon a second victory.
"V. J. BRYAN '
.Mississippi Ultrr (.'oliilulsslnn.
ST. LOt'IH, Nov. S.-The members of the
Mississippi River commission will leave on
their semi-annual tour of Inspection to
morrow morning, The steamer Mississippi
belonging to the commission, will carry
them to New Orleaas, Tbey will Inspect
the work that has been done during 'he
summer. The principal work accomplished
has been the protection of the lmn'ts, the
narrowing of the cho'inel by means of
piling, the extension ami repair of levees
and a little dredging Hut little dredging
was required this senson on account of
tho goon stage of the water
FORECAST OF THE WEATHER
l'rlilnr I l.lkrlv I o llr l.'nlr mill
Wurmrr Hh South to l '
Winds.
WASHINGTON. Nov. 8. Forecast for
Friday and Saturday:
For Nebraska, North Dakota and South
Dakota Fair nnd wnrmer Friday; Satur
day, fair; probably colder In western por
tion; south to west winds.
For Indiana and Illinois Fair, continued
cold Friday; Saturday, fair; not so cold,
fresh, northerly winds.
For Arknnsas Fair Friday and Satur
day; not so cold Saturday; northerly winds.
For Oklahoma and Indian Territory
Partly cloudy Friday; probably rain In
western and central portions; Saturday,
fair; north to cast winds.
For Now Mexico Fair In southern, prob
ably rain In northern portion Friday; Sat
urday, fair; variable winds.
For Western TcxaB Fair Friday, except
probably rain In tho Piinhandlo; colder In
western portion; Saturday, fair; variable
winds.
For Eastorn Texas Fair Friday; coldfr
near tho coast; Saturday, portly cloudy;
probably showers; variable winds.
For Iowa Fair and warmer Friday; Sat
urday, fair; winds becoming variable.
For Missouri Fair Friday und Saturday;
warmer Saturday; north to cast winds,
For Kansas Fair and warmer Friday,
except probably ruin In southwest portion;
Saturday, fair; variable winds.
For Colorado and "Wyoming Fair Friday
nnd Saturday; variable winds.
For Montnna Increasing cloudiness Fri
day, with rain or suow and colder, except
In tho extremo eastern portion; Saturday,
fair; colder In eastern portion; westerly
winds.
Local Ilppord.
OFFICK OF THE WEATHER Hl'llEA!',
OMAHA, Nov. 8. Official record of tem
perature and precipitation, compared with
the corresponding day of thu last threo
years:
irvio. ism, ism. isut.
Maximum temperature .. .17 f.4 f,:i 45
Minimum temperature ... 22 37 is 36
Precipitation 00 . 00 .'! .01
Record of temperature und precipitation
nt Omaha for this day and slnca Murch 1,
V.K10:
Normal temperature 42
Deficiency for the day U'
Total excess slnco Murch 1 S74
Normal precipitation 01 Inch
Deficiency for tho day 114 1 it c h
Totnl rulnfntl slncn March 1. .29, ill Inches
Kxcess since JIarcli 1 1.69 Inches
Deficiency for cor. period, 1899... 5.21 inches
Deficiency for cor. period 1&9S. . HI inches
Report from Mitt Ion at M 1. .11.
2 "5 B
I
STATIONS AND STATE
OF WEATHER.
: 3
Omaha, clear
North ri.'rtio, clear ....
Chayentip, part cloudy
Salt Lake, clear
Kupld City, clenr
Huron, part cloudy ...
Wllllston, elear
Chicago, ch-ar
St. Louis, clear
St. I'atll. clear
Davenport, cloudy ....
Kansas City, clear ....
lle'nna, dear
Havre, clear
Hlsmarck, clenr
Oalveslon, clear
31 Sill .(0
III 4(1 .110
31 U Ml
do r. .00
Xi tr, .00
W Hi; .(h)
.10 14 .00
:io 32 .no
31 Its .00
.12 34 .00
30 30 T
.10 40 .00
bo fc .00
62 01 .00
30 .14 .00
72 M .(HI
T Indicates trace of precipitation.
L. A. WIS LRU,
Local Forecnst Official.
Thousands Have Kidney Trouble
and Don't Enow it.
now To Find Oat.
Fill a bottle or common glas3 with your
water and let it stand twenty-four hours; a
seaiment or set
tling 'Indicates an
unhealthy condi
tion of the kid
neys; If It stains
your linen It Is
evidence of kid
ney trouble: too
frequent desire to
pass It or pain In
iVim Viart It aaiVn
convincing proof that the kidneys and blad
der are out of order.
VThat to Do.
There Is comfort In the knowledge so
often expressed, that Dr. Kilmer's Swamp
Root, the great kidney remedy fulfills every
wish in curing rheumatism, pain In the
back, kidneys, liver, bladder and every part
of the urinary passage. It corrects Inability
to hold water and scalding pain In passing
It, or bad effects following use of llqucr,
wine or beer, and overcomes that unpleasant
necessity of being compelled to go often
during the day, and to get up many times
during the night. The mild and the extra
ordinary effect of Swamp-Root Is soon
realized. It stands the highest for Its won
derful cures of the most distressing cases.
If you need a medicine you should have the
best. Sold by druggists In 50c. and$l. sl?.es.
You may have a samde bottle nf thi
wuuucum discovery
and a book that tellsi
more about it, both sent
absolutely free bvmail.
Address Dr. Kilmer u.
Co., Blnghamton, N. Y. Vhen writing men
tion reading this generous offer In this paper.
Dr. Kay's lung Balm
SYMPTOMS
LIKE THESE
BCLCHINC,
BAD BREATH,
UlTTCrt TASTE,
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OACKACHC,
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LOW SPIRITS,
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system and filling stite of hclth.
PRICKLY
ASH
BITTERS
Is positive anJ speedy cure, ft
iler the Mys f polsonoui secre
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the bowels and Impart renewed
energy to body and brain.
CHICAGO
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Mr. ' lusiott-n 91,111 jitit.. --.riiii
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AM) NOTIONS.
bOtLcii tiJ on&l' irioi4 WOilK
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Manufacture boilers, smoke macks nnfi
breechlngs, pressure, renderlnc, sheop dip,
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ELECTRICAL SUPPLIES.
Aestarn Electrical
vv Usmpany
Electrical Supplies.
Electric Wiring Hells and Gas Llthttnv,
G, W. JOHNSTON. Mgr. 1510 Howard HI.
oAFlS Art!) inUrt 01rCS.
lis $ivdm Safe
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G. ANDUKKN, Prop.
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Davis & Covgill Iron Works.
uanukactciikhs and jobbers
ok machinbky.
general repairing a bpbcialt1
ikon and brass founders.
1801, inotl nn tr.05 JaekMS Strast,
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B. Zafajlskle, Agent, J. B. Cawglll. Mgr.
Omaha Mahini Works
Pattern Makers and Model Builders.
Manufacturers and Dealers Steam
Fittings, levator Hupplles. Steam
Knilntx and Boilers, Gasoline Jiln
glnes, Cream Separators. Machin
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r
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Hlevator Hydraulic and Hand Klovitors.
Elevator repairing a specialty. Leather
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rrlntlng Presstee.
1