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. 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