Omaha Daily Bee Newspaper, November 9, 1900, Page 3

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REFORMATORY LAW IS VOID Bupreme Court Holds That the Nebraska Btatute is Urconstitutional, FIXES THE AGE AT TOO HIGH A LIMIT Statute Says ¢ Be Commi While th 16 i the LI fldren Under 18 can d for Incorrigibility Conatitation Suys . LINCOLN, Nov. 8.--(Special)—The su- preme court today handed down an import- ant decislon relating 1o the Nebraska reform #chool law which will open the way for the successful prosecution of habeas corpus pro ceedings for the discharge of many of the boys and girls now confined In the state’s industrial schools The decision eclares unconstitutional the legislative act which provides for the commitment of boys and girls under the age of 18 years. The con stitution of the fixes the age limit at 16 years and the court holds that p #ons over that age cannot be committed to efther of the industrial unless convicted of crime under the criminal cq This decision in the ngalnst Flowers, The case was appealed from Lancaster county. In 1596 F. W. Scott filed a com- plalot in the county court, charging that 8 h Jane Flowers, a girl of 16 years, was incorrigible and from lack of proper pa- rental care and control was growing up In idleness and vice. On this complaint she was, after an examination and evidence was taken, by the county court committed 1o the industrial school for girls at Geneva. The heariog was ex parte In character. Afterwards she was released and by next friend, Lucretia Flowers, commenced an action in the dustrict court of this county against Mr. Scott for damages, ting forth two grounds for action, one for false imprisonment and the other for ma- llclous prosecution, the latter being taken from the jury by instructions of the court. The judgment was in her favor on the first cause of action, from which Scott appealed 1o the supreme court. The principal ques- tlon involved was the proper construction to be given section article viii of the con- stitution of the state re schools was case Syllabus the Opinlo Following I the syllabus of the oplnion: Seetlon 12, article vili, of the constitution, fch hat the legislature may vide for the establishment of a pildren under the age of 16 vears, who, for want of parental care or other cause, are growlng p In mendicancy or crime. 18 @ limitation on the power of the legislature und section article xii, chapter Ixxv, of the Compiled Statutes, to the extent that It rescribes un uge greater than that fixed n the constitution for such commitment, is unconstitutional and void A ith who is incorrigible s 3 ‘growing up In ecrime. within the meaning of that term as employed in suid section of the con- stitution and @ statute prescribing for the commitment of incorrigible vouth to the re- form school I8 not for that reason contrary 1o the terms of said sectl A complaint filed in the county court un- der section b, article i, chapter 1xxv, charg- ing no crime, but in incorrigibility ‘merely, Atates no cause for commitment to the in- dustrial or reform school and a person so arrested and committed has a cause of ac- tion against the person filing the same for false imprisonment Joint tort feasors are jointly and severally Mable for their wrongful acts. A cause of action for false imprisonment may be Joined in the same petition with a cause of action for maliclous prosecution when both Arose out of one and the same transaction In an actlon for false fmprisonment plaintift may prove newspaper publications contain- ing an account of his arrest and imprison- ment without comrment thereon. Error cannot be successfully upon the admission of testim objection e withdrawal of evidence from the con- mideration of the jury by an instruction cures any error in the admission. Construction of the Cou: After discussing the varlous constructions of the constitutional provision, the court Bays The firat three constructions not being permissible, we are forced to the conclusion that sald section of the constitution was de- sizned and intended as » restriction upon the legialative authority. Then, if it was the purpose of the makers of the constitution, s we 80 conceed It to have been, that not only those that are criminals and have been convicted of crime and are deemed capable of reformation, but also those o far “grow- ing up in crime” as to have been incorrigl- ble, may be committed to such institution, it must be thatithe framers of that instru- ment meant that the limitation of age dur- ing which either of sald classes could re- celve the benefit of such Institutions Is 18 years, and not a greater age. Whether the framers of that section were wise or not in so fixing the age !imit, it is not our province to discuss. It seems clear to the court that the constitution inhibits the leg- islature from providing for the commit- ment to the Industrial schools of children of any class, either of an incorrigible na- ture or criminal in fuct, If beyond the age of 18. For the reason that section 5, article 1. chapter ixxv, of the ( npiled Statutes, prescribes that boy of 18 years muy be rial ‘achool, 1t 1is predicated ny without mmitted to the indus- ontrary to section 12, article vilf, of the constitution, and is vold: Therefore, 'If sald complant was framed and flied under the provisions of sald section § it did not state a cause for commitment and the arrest and commitment of said Flowers in the proceedings had under wich com- plaint were a nullity and constituted false mprisonment, for which said Scott, who preferred the charges therein set forth, would be lable to her in damages. From the proceeding we must not be understood w8 hoiding that a person over the age of 16 years who has been convicted of violating ihe eriminal code may not be committed to {he reform or state industrial schools. The regularity of such commitments {8 not ques- tloned In this proceeding. Bar to Henefitn, In the case of Willam M. Clinton against the Chicago, Burlington & Quincy rallrond the court held that an employee who hed accepted damages for injuries sustained could not recover benefits for such injuries under an agreement releas- ing the reliet department from liability in case of acceptance. One decision that will be of interest to attorneys was rendered in the case of Doug las Cones against George A. Brooks, in which the court held An attorney has a general or retaining len upon all papers, books, documents or money of his c'lent coming into his hands in the course of his professional ment. Such lien depends upon possession and attaches only to papers, books, docu- Ments or noney In the haids of the at- The Automobile and Talking Machine Theater IS Now OPEN DAILY AND EVERY Don't fall to visit if you enjoy the best of music, or d ful horsuless c ire o see our most success- ages in operation, OMAHA and Lincoin, Neb. & 305 8. 1Tth 0% Evealage. of Scott | her | v girls under the age | torney and to anyone by action upon a not | pay ney or specific of the adv | 1= not been | #pe lien of in writing or p! 1t I8 effactive without notice An attorney cannot enforce hia general or retaining lleri bond or other obiigation to An_attorney has a charging llen upon money in the hands rae party to the sult. Suit llen ed until al notlce has the party In possession of notice of w charging or any uttorney need not be ed among the files of the case. Any notlee of the claim and that it will ‘be asserted is sufficlent. ~Petition in =uit to enforce an uttorney's lien, exam Ined and found to state facts, is sufficient to support the action The court reafirmed the decision of the lower court fn the case of Chase against Swift and Company gun by physiclan to collect fees aMeged 10 be due for services rendered to employes. In the trial it was asserted that the de- tendant company had agreed with physiclan to pay for services rendered em for any injurics that might be re- eived from strikers. The court held that the manager of a business corporation has no implied authority to furnish medical aid and assistance to a servant of a corpora- tion who has been Injured outside the line of his duties sposition Case Remanded, The decisfon in Richard 8. Horton against state ex rel Willlam Hayden, appealed fiom Douglas county, was reversed and remand d This case brought before the court for re. view u judgment rendered by Cunningham R. Scott, allowing a peremtory writ of mandamus against the Greater American Exposition company and several of its offi- cers, commanding the issuance of a warrant to Mr. Hayden covering the amount of his subscription, which was $100,000. A decision in favor of J. Sterling Mor- ton was rendered in the case of Morton against John C. Watson. In this case the court held that the dismissal by the dis- trict court of Otoe county of disbarment proceedings against Watson should be al- lowed to stand, but it overruled the court's action in taxing the costs of the original hearing against Morton. This case has at- tracted much attention among lawyers of Nebraska. The costs ussessed against Mr. Morton amount to over $1,000. Corl Must Pay Salaries. The supreme court has allowed a writ of mandamus commanding Auditor Cornell to Issue warrants for amounts aggreat- ing $4,937.31, to Mrs. A. M coln. The claims are for salary of offcers and supplies furnished the Home of Friend- less before the fusion appointees took charge. Opinions were ing cases: Chicago, Company firmed. & Quincy Rallroad Cowin agalnst wanded. delivered in the follow- Burlington & Quincy Railroad against Hitchcock County; af- Company: afrmed. Brooke; reversed and re- Citizen's State Bank against 1d- dings; afMrmed. Chase against Swift; af- firmed. Scott inst Flowers; afirmed Baker ugainst State; reversed and remanded. Karner against McDonald; afirmed. Morton against Watson; reversed and remanded McGrew, executor against State Bank of Humboldt; afrmed. Fisk against Thorp: affirmed. Peck against Sterns: afMrmed Befino against Ewing: afirmed. Horten against State ex rel Hayden; reversed and remanded. State ex rel Davis against Cor- nell; writ allowed. Bank Saved by Burglar Alarm. NORTH BEND, Neb., Nov. 8.—(Speclal.)— Burglars attempted to break into the Bank of North Bend this morning shortly after 12 o'clock, but were frightened away by an electric bell, which went off when they stepped on a mat in front of the vault. The bell was ringing yet this morning. The burglars left a large monkey wrench, sledge and a large plece of steel, Just before they entered the bank and as Night Watchman Thompson arrived in front of Kastle's store he.-met two men, whom he accosted, when two men on the opposite side of the street in front of the Bank of North Bend hallooed over and asked him if there was any hotel in town. He turned his head to answer, when he was knocked down by a billy, searched, handcuffed and locked in the city jall, until released at 7 o'clock this morning. There 18 no clue to the burglars. There were four men, one large and three small, and w Escape from Death. SYRACUSE, Neb., Nov. 8.—(Special.)— Yesterday morning J. 5. Mapes and Thomas Jones had a parrow escape while driving three miles west of here. Their horse became ftrightened on the bridge, first east of the village, and backed off an embankment fifteen feet high, the car- riage falling on top of the occupants and the horse on the carriage. Mr. Mapes was struck on the back of the head, giv- ing him a severe shaking up, besides breaking his nose. Both gentlemen wero under the buggy, but fortunately for them | the box caught on a projecting timber and held it up long enough for them to both crawl out, for the horse soon went through and would have smoothered them both to death in the soft mud of the creek bank. The accident occurred at 6 o‘clock in the morning. Mr. Jones was not much hurt, but had to assist his companion into town Osmond Republicans Celebrate. OSMOND, Neb,, Nov. 8.—(Special Tele- gram.)—The people of this town this even- ing held a jollification over the redemption of the state, Speeches were made by every republican in town, and the ladies quar- tette sang campaign songs. Bombs and rockets galore added to the glorious jubi- lee. Hurrah for Nebraska and McKinley and United States Benator Rosewater. Horse Thieves at Work, BEATRICE, Neb., Nov. 8.—(Special Tele- gram.)—A fine driving horse belonging to 0. B. Reeder of this city has been missing from Mr. Reeder's stables since yesterday and has undoubtedly been stolen. The dis- appearance of several horses in this neigh- borhood of late clearly points to an organ- ized gang of horse thieves working the district | Election Night at Geneva. GENEVA, Neb, Nov. §.—(Spectal.)—The election passed oft very orderly. During the evening the streets were crowded with vehicles and people anxious for news. Returps were given at republican head- quarters and in the Masonic banquet hall, where tte Women's Rellef corps was serving the usual election night meals. CALHOUN, Neb, Nov. 8.—(Special)—A monster ratification meeting was held last night by the people of this place. A large bonfire was bullt in & vacant block and by the light of it the Calhoun cornet band played patriotic airs, after which a fine display of fireworks was had Cold Weather in Nebraska. ST. EDWARD, Neb., Nov. 8.—(Special.)— | Last night was the coldest night this fall, the murcury dropping several degrees. Water froze to the depth of one-fourth of an toch, RICHMOND, Nov. 8.—(Special)— lTowa Lag furnished most of the workers chosen by the American Friends Board of Foreign Missions to establish missions in Cuba. Zenas L. Martin of Hubbard, la., und Sylvester Jones and wife of Os- kaloosa, graduates of Penn college, have been selected and recently left here for Cuba to take up the work. They will be located about 400 miles east of Havana. With them are Miss Emma Phelps of In- diana, who has worked In the Mexican fleld, and two native Mexicans, educated in the Hussey institute, a Friend's school at Matamorad, Mex. The lowa yearly meet- | ing of Frieuds is alding in the work, This was an action be- | the | Davis of Lin- | Clinton against Chicago, Burlington | THE BRYANIS NUST BE DROPPED Democratio Nestors Project Themselves Into | the Future. AMPUTATION MUST PRECEDE VICTORY | | | Untit AN (e | braskan wsly Dropped hut Ruin is Possible, of the Neo | NEW ORLEANS, Nov. $.—~The Picayune sent telegraphic to leading democrats in various of the country asking expressions with reference to the future of the democratic party. The following are extracts from some of the replies Hoke Smith, Atlanta, advisability of a distinct few men with the purpose of tlon. A party which can poll the enor- mous vote that the democratic party has recently polled is far from being a dead party. More conservative counciis will pr vail in future democratic conventions and with & pronounced sound money platform in 1604, with a man against whom no fac- ticrnal fight can made, there is every | reason to believe the party will triumph. | Horace Boies, lowa—My belief is should drop 16 to 1. Let the money ques |tion rest while conditions remain as at | present. Organize democratic clubs in | every voting precinct to send delegates to county, from county to state and from state to national convention of delegates to meet periodically and formulate a plat form for the party. This should be based on principles enunciated in our declara- tion of independence. Insist on a strict construction of the sole source of legisla tive power in congress. No subjugation of unwilling peoples by force. Expansion in everything that pertains to peace, com. traction in everything that pertains to un- necessary war. One form of government for all, one flag, one people with equal rights to all and special privileges to none | William Vilas, Wisconsin—You canuot wisely operate om a patieat In utter col- lapse. When natural evival ensues, |f party consciousness comes back with re- turning vitality, the way to democratic victory is as plain as the path of hor esty and fidelity. Let democracy turn from its folly and live John ( Carlisle, New York—In order to achleve success or to become beneficlal to the country as an opposition party, the democracy must abandon all dead fssues, free itself from all demoralizing alliance and return to the true principles and pol tefes of the party. The new questions precipitated upon the country by the c duct of the present administration and | the declarations of fts supporters must be met in a broad spirit of justice and sincere respect for the mandates of the constitution and the liberal principles upon which our institutions are founded. We | have drifted into a situation which makes the correct solution of these questions exceedingly difficult and the party should glve them the most careful consideration in all their aspects before committing it- self to any specific plan of adjustment. Upon the general principles involved there will be little difference of opinion, but the measures to be adopted in order to extricate the country from Its present un- fortunate position eannot be hastily for- mulated. What plau shall be prop d for the reorganization of the party in order that its real sirength may be effectively exerted is a question which it seems to we onglit to be considered and decided by a conference composed of conservative democrats, representing both elements of the party as it has existed during the last four years. All are equally interested in the success of the party on a sound and patri- otic platform of principles and therefore all should be consulted both as to the plan of reorganization and policies to be announced Senator John W. Morgan, Alabama-— The democratic party needs no reorgani- zation. It needs fidelity to its creed, which bas stood for 100 years. At present it demands the payment of the national debt amd return to the ‘specie basls' for banking. 1t den:ands the restoration to the states of the exclusive right to determine the qualification of voters. Tt demands that all federal taxation shall be uniform in places within the limits of the United States. Itdemands the suppression of trusts and especially the corporations, In respect to all articles of commerce that are subjects of Interstate and foreign commerce. It democracy adheres to these demands our present defeat will be only temporary Henry ~ Watterson, Loulsville—As the democtats are cast down by the result of this election, so will the republicans be elated and thrown off their guard. They will fancy they have the world in a sling They are certain to proceed to excesses. They cannot restfain either their zealots or their scamps. All the clever rogues of the time, seeing where the pickings and stealings lie, have got into the republican party. The new territories are veritable gold mines of pillage. Acts of outrage cannot be repressed or escaped. The people at home will stand aghast before the riot of corruption und despotism, and with the disappearance of the fancied dangers Incident to a change of parties, as it were, in the face of the energy, or words to that effect, wherewithal the republicans have deluded the voters and forgetfulness of the passions aroused by the luckless mis- adventure attendant upon the revolutionary fusion movement undertaken by the demo- cratic leaders of the last half decade, the | opportunity of the chastened, enlightened and reorganized democratic party will come, and when it comes there shall arlse a leader of the stature of Jefforson, of Jackson and of Tilden to glve it expression and effect. E. W. Carmack, the next Tennessce—The democratic party must stand fast by the principles of the re- public against imperialism, militarism and the treasonable conspiracy to subvert our American institutions and sell our Ameri- can birthright for the plunder of distant provinces, It must stand for democracy against plutocracy, for competition against monopoly, for the people agdinst the trusts. It must be the great conservative force of the country. An uncompromising foe to | soclalism or anarchy on the one hand and & vulgar despotism of wealth on the other. T. C. Catching, Mississippi—Drop free sliver, drop fusionism, drop the cry of government by injunction, drop the cry of imperialism and militarism, drop all dis. cussion about the Philippines until peace has been restored, drop appeals to the pas- slons and prejudices of the idle and dis- coutented. Revive the federal question of taxation, teach the democratic doctrine that people cannot be made rich by taxing them, assail the favoritism and wrongs of a high protective tariff, stand for the control of trusts and combines by methods not op- pressive, demand enlargement of the powers of the interstate commerce commission and the liberal improvermeuts of harbors and insist on local self-government and let the next presidential candidate remain at home during the campalgn. New requests sections or | 1eans | Ga.—1 doubt the movement by a corganiza ! we | | n- senator from elves Callers, ov. 8.-—~The president y today receiving callers. Sec- retaries Gage, Hay and Hitchcock and At- torney General Griggs called early to offer theiry congratulations. Senators Platt of Connecticut and Sewall of New Jersey and General Ludlow also called. The presi- dent greeted all callers with « hearty hand- OMAHA DAILY | the aght | ran, who s the democratie leader of the | congress. | the nignt | morning | majority for the Black Hills still holds good. | | republican FRIDAY NOVEMBER [ BEE: 1900, "ot ", ¢ BRYAN 1N ROLE, OF CORONER QUAY CERTAIN OF ELECTIONE Ex-Senntor Declares e Witl Gee i | Dofested Candidate Says Result Was Com- plete Surprise to Him. shake. betore No cabinet meeting will tomorrow, the regular d Ola Place Hack by Over- | whelming Majority, - | WASHINGTON, Nov, § rmer Senator | TRIES TO NAME THE BRICKS THAT HIT HIM M. 8. Quay, who will leave here tomorrow | morning tor Florida, tonight gave out the | following statement for publication Seeing That the Legislature is Repub. The contest Tuesday resulted in a Hean the Colonel Sweetly Leaves sweeping victory for the stalwart repub- the Fleld to Allen, Hitehe, licans of the state. The senate will be wnd organized by the regulars, no matter about the statements to the contrary made by hostile newspapers or insurgents. Senator | W. P. Snyder of Chester county will | elected president pro tem. of. the senate and Representative W. T. Marshall, u stal wart from Allegheny county, will be elected speaker of the house 1 will be elected United Statés senator by above 150 out of & total vote of 264 om the first ballot in Joint assembly." PHILADELPHIA, Nov. David Martin, C. L. Flynn and J. Henry Cochran, who have been among the most active of the po- litical leaders in the opposition to the re- knowing at this time how much money turn of former United States Semator | wanfberll it the purchase uf votes and | Quay to the senate, met In this city today rsom f the republican gains, thoy and discussed plans for a continuation of [ €OVl Mot account for the widespread in- against Mr. Quay in the legisla- [ LoriY iiheliiment” probabls was the Most ture which will meet in January. Senator tent one used by the republican Thoy Martin 1s republican “holdover” from pared present conditions with the panfe this city, as {s Senator Flynn from Alle- | Wright with 'thine i, Hs arsument had gheny ccunty. Senator Magee was elected [ consider the reason for by the republicans on Tuesday from his dlstrict in Allegheny county and Mr. Coch- LINCOLN Rave out the the ele The res magnitu Surprise ose who vote Iyze th but kained in the Nov. 8~W. J. Bryan tonight following statement concerning on was a the nd ¢ was a ns t usible . more irprise to me republican vietory pponents s weil ticket. 1t {8 im until they generaily lost ntry The republicans tickets or Were away i 8.—State Senators Magee, Willlam 1, were able for all their ym home and this gave them stderable advant We have no way t voters who it appeal to “stand by the pr the war fs on” had a great fluence among those who did that a war against a dootrine ernment in the Philipp] L react upon us fn this country. We made an honesi fight upon an honest platform and having done our duty as we saw it, we have noth- ing 1o r We aged. The fight that republican by the people w policles 18 fully between plutocracy end until or triumphant Concerning himself, Mr. Bryan said out of the campalgn and « clear consclence. 1 my utmost to bring success to the princiles for which | stood. Mr. Stevel ®on did all that he could. Scnator Jo and the members of the democratic, popu- list, llver republican and anti-imperialist committees A1d all they could. Mr. Heatst and his assoclates i the club organization put forth their besi efforts. Our newspi- (njzations all dtd their part I 1o fault to find and o reproaches, 1 shall tics as long ao 1 lve. 1 bell the duty of the citizen to do 0. and that ft_ will require a life-time pay the politleal friznds who have done candldate before the leghlatire which his been elected. Senator Allen deserves th Mr. Hitcheock and Mr. W, H. Thompson are avowed candidates for the senatorshin, | T am too grateful to them for past support to oppose them { | Democracy's One Chance of Rehn ation 14 in Complete Re- Nov 't deal not of senute and who was active against Mr Quay in the late legislature, is a “hola- over' from the district comprising Lyo- ming, Montour, Sullivan and Columbla counties. Semator Martin in a statement made by him said: “Quay will not be elected United States senutor. We will without doubt have a | majority of the legislature on joint bal- lot.” MESSAGES FROM ABROA McKinley Receives Telegrams of Con- gratulations from Emile Loubet and Others. ted by must Ko on olicies will be the tendency derstood. The contest and democracy cannot the other s completely m wure sudiate of t with WASHINGTON, Nov. §.~~Among the con- gratulatory telograms received by the pres- fdent are the following “PARIS, Nov. 7, 1900. Mcunsteur McKinley, President United States of America: 1 beg you to accept my most sincere congratulations on your re-election to the supreme office that you have filled with such lustre, and during which the bonds of friendship between our two countries have, to my great delight been drawn still closer. “EMILE LOUBET." “MANILA, Nov. §.—The President: Sin- cere congratulations. The most important | step in bringing peace and prosperity to these islands has been taken, “COMMISSION." 7, 1900.—Mr. Me- T sincerely felicitate you “M. ESTRADA, Presidente, PORTO RICO IS REPUBLICAN ¥ His excellency, feol “GUATEMALA, Nov. e, ‘e’ cumpatein spesches and o jocal ntinue to take Ay Active interest i poll- additton to my Interest as a citizen 1 i #o much for me 1 #hall not be a «snatorial Kenatorhip which goes 10 the - popiie hey are both deserving of the party and AS JOHN G. CARLISLE SEES IT Kinl i1z organization, ATLANTA, Ga 8.—John G. Car- sponse 1o w request from thut views as follows | In my opinion. should at once org asls, A " the conservative and A triotic ipied by the party fore it lemoralized by populism and free stlver republicans in 1506 will urit Fats in an active opposition Lle polices of the aaministr the of our north s in stat al contests und |y are the way for at nations 904 The democtatic votes | MeKiniey were not endorsemonts | party or his administration, but againet what was consl the dangerous purposes and tendencles the opposing candilate W YORK, Nov. § overnor Stone, | vice president of the national democratic committee, sald at the Hoffnan house to- night, in regard to proposed reorganization ! | of the democracy This talk about reorganization is absurd. The democratic party fs already organized If by reorganization Is meant a change In the natlonal committee that will have to be done at the next national convention If by reorganization s mennt a radical change of platform with a candidate whose views accord with it, that will also have to walit the next natfonal convention s Stay Aw and Allow Th to Ru from the Polly r Opponents Things. the democrat nize on the der party ratlg SAN JUAN, P. R., Nov. &.—The official re- turns of Tuesday’s election are nearly all at hand from the various parts of the Is- land. They show, as was anticipated and forecasted, the election by the republicans of the entire house of delegates and of Henor Frederico Degetau as commisioner of Only 1561 federals weut to the volls, the total republican vote being about 508.000. The only disturbance, thus far reported occurred last evening, when some twenty republicans of San Juan, who were lebrating the victory visited Rlo Pedras, a federal town. They were met on the outskirts by the federals, with the mayor and police. Shots were exchanged and one pereon was killed and two wounded. There was some rioting In the town (hroughout Police reinforcements were sent there this evening to prevent a renewal of the disorders. to | cast tor of his PRESIDENT BACK IN CAPITAL Seve to hotlonal ¢ by the v 1 have noted th for reorganization after defeat are the v T L R e L N TR e o who. k9. 1 & Sanvention ena Aemani & certain piatform, Mast upon the selection of taln candidates and at thelr T re o Fol What thes < want " imme. dlately withdraw their support and become [ Gpponents of the party. 1f they want | ?hRnges lot them work in thelr state or- ‘ ganizations for the ection of delegates to 1 new abide mmittee, rdict of am Hundred People nt the Depot Greet Him—Down to Work Again. WASHINGTON, Nov. 8.—President Me- Kinley and his party arrived at 8:10 this | Several hundred people had as- sembled at the Pennsylvania depot to bid the president welcome, and a large number | hring about those changes. of police were on hand to prevent a crush. | e Secretary Hitehcock, General Corbin and | CULLOM AND TANNER AT IT other officlals gathered about the platform | of the president’s private car and were the | Rival Candidutes tor Republican Nom- first to welcome and congratulate him, The | ination as United States S crowd outstde broke into hearty cheers when | ator Dispute. the president made his appearance with Mrs. | e McKinley. | SPRINGFIELD, I, Nov. 8.—Senator After hasty greetings the party was driven | Cullom left today for Chicago. After re- to the White House, where the president |maining there a few days he will proceed bad breakfast and cmen returned to his | to Washington to sit as a member of the duties, senate committee o investigate the Cuban The trip beyond Pittsburg was at night |postal embezzlement. He feels assured of | and uneventful, although knots of people | seventy votes in the caucus of the 112 re- | gathered at the stations throughout the |publican members of the leglslature | night to see the train go by. | elected. Governor Tanner, on the con- — — | trary, asserted today that Senator Cullom | SUCCESS IN BLACK ""_Lsiwnll-l not have over fifty votes in the | caucus, Republicans Are Rejoicing Over Great | Victory and Deadwood Will | Hold Celebration. Gov or-Ellect Yates on Rewult. SPRINGFIELD, 111, Nov. S.—Governor- elect Richard Yates arrive here today from Chicago, accompanied by his wife and family. After lunch with his brother, Henry Yates, deputy revenue collector, he |called on Governor Tanner. Judge Yates DEADWOOD, 8 D, Telegram.)—Estimates of Nov. 1,600 —(Spectal | republican Meade county for Bryan, but ing majority has @ very small majority it 1s belleved that remain- precincts will give about twenty-five|d ratification meeting was held tonight for McKinley. Peter Edwards, |He talked freely of what he considered candidate for senator in Butte |Were the reasons for his having received and Meade counties, will get election |@ lighter vote than that given the repub- through Butte county majorities. Repub- |llcan presidential electors. He says the licans of Lawrence county have arranged |shortage comes almost exclusively from for a grand ratification meeting In Dead- | Chicako and thinks there were two reas wood Saturday night. It will eclipse any- (sons for that. He says the majority of thing ever held in the Black Hills, gold democrats there voted for McKinley - | electors and for Alschuler, because they WOULD NOT BE A SENATOR | 11 not believe he was & free silver man r No Clrecumstances In addition to this he charges that the Rivas Sase T democratic managers practically gave up Will He Avespt Positten any hope of carrying the state for Bryan 14 several days before the election and then concentrated all their forces to increase the vote on the candidate for governor. NEW YORK, Nov. 8.—The Evening Jour- nal prints the following telegram from W. J. Bryan “LINCOLN, Neb., Nov. 8.—To the Editor of the Evening Journal: You may say offi- clally that under no circumstances would I accept the office of United States senator, even i 1t wero tendered me. I made my fight for the presidency and I lost. 1 am | not going to take other men's positions from them. W. J. BRYA Hitchecock's Tribute to MeKinley, WASHINGTON, Nov, §.—Secretary Hitch- cock, who returned today from Missourl, expressed his views on the election as fol- lows “The American people have but in a few instauces elected & president to succeed himself and President McKinley's over- whelming endorsement by the people of both parties Is accordingly all the more gratitying. His election is a personal tri- umph; an expression of the people's ab- solute respect und admiration for and im- plicit confidence in his personal chara. and of the conviction that, judging by his past administration, the and the people’s Interests could not committed to safer or wiser direction the future. Roosevelt Congratulates Hanna, CLEVELAND, 0., Nov. §.—Senator Hanna received many telegrams of congratulation today, among them the following from Gov- ernor Roosevelt “My most earnest congratulations for the reat share you have had in the vic- be in Senator Hanna left this evening at 6 o'clock for New York. Heur News from Nebraska. CHICAGO, Nov. 8.—Vice Chairman Heary Payne of the rcpublican natlonal commit- tee today received a telegram from the chairman of the state committee of Ne- braska stating that the republicans carried 1t by @ safe majority; also that they have MeKinley Runs Ahead of Tieket, CANTON, 0., Nov. &—Semi-officlal fig- ures of Stark covnty show that President McKinley gained nearly 2,000 over his plu- rality of 800 in 1896 and runs 700 ahead of the state ticket iu his home county, left later for his home, Jacksonville, where | F | nation's honor | | republican not discour- | M 1| morrow mornin, i | e it to be | of work to| Dakota lisle has wired the Atlanta Journal in re- | probably rain in the Panhandie paper his | Western portion; Saturday | mear the coast; Saturd wll | urday, fair | warmer Saturday; vietury | except probably rain in southwest portion; protesis | » | 1f the next natlonal convention wants a | a¢ ( Alling 10 | o convention. | Nor . Normal te those men who clamor | Deficlancy | | 8t | | [ 1 the state senate and in all probabilfity will be able to control the house. Leslie Combs, chalrman of the republican state committee, telegraphed Mr. Payne that an official count will be necessary to determine the electoral vote of Kentucky. The telegram “Three thousand legal remain uncounted in the Other frauds will cost us b (tes republican ballot 000 votes votes boxes SYMPTOMS LIKE THESE— BELCHING, BAD BREATN, | BITTER TASTE, BLOATING After Meals, HEARTBURN, BACKACNE, HEADACHE, DIZZINES NERVOUS WEAKNES: LOW SPIRITS, Anti-Coloninl NEW YORK, Nov. § —The executive com mittee of the National Association of Antl- Imperialist clubs, of which . C. Hughes | 18 chairman, held a meeting today and ay pointed a to work out a plan of reorganization. The committee fs: C. C. Hughes, J. F. Harder and F. W. Janssen On the subfect of reorganization Mr Hughes said “It has been decided national association and scope to anti-colonialism There has al ways been a majority of the leading m in the National Assoclation of Anti-Im perialist clubs who believed that the as rociation should be devoted to opposing | the system of establishing colonies, The object of the rorganized Anti-Colonial league will be to lmit its work to noml nating and eclecting candidates who are in faver of opposing the pollcy of t party in the Philippines as at | present outlined by that party | Bryan Wires Mok infey. LINCOLN, Ne Nov S~William J Bryan sent the following telegram today to | Prestdent McKinley “Hon. William MeKinley United States At th of another presidential campaign 1t is my lot to con gratulate you upon a second victory “W. J. BRYAN committes o the | reorganize to change its indicate bad digestion, & disordered system and failing state of health. PRICKLY ASH BITTERS Is & positive and Speedy cure. 1 L Clears the bedy of poisonous secre- tions, cleanses the 1008, aids diges- tion, strengthens the kidneyx, purifies the bowels and imparts remewed energy o body and brain, President of the | lose iv Missisnippt « on. ST LOUIS, Nov The members of t {aslsslppl River commission will leave on thelr semi-annual tour of inspection The steamer Missieeip; commizaion, will carry them to New Orleas They will {napect the work that has been done during ‘he summer. The principal work accomplished has been the protection of the banks, the narrowing of the channel by means of pliing, the extension and repale of levees and @ litte drodeing But (ittle dredgiog was required this season on account of the good stuge of (he water. FORECAST OF THE WEATHER Friday is Likel Warmer AR UGGISTS . SELE 1T, “Price. ¥ 12 belonging_to the CHICAGD Be Falr nd th (0 Weat ! W riday and For Nebraska, North Dakota and South Failr and warmer Friday; Satur day, fair; probably colder in western por- tion: south to west winds For Indlana and Illinois—Fair, continued cold Friday; Saturday, fair; not so cold; | fresh, northerly winds For Arkansas—Fair Friday and Satur- not so cold Saturday; northerly winds Oklahoma and Indian Territory Iy cloudy Friday: probably rain in ern and central portions; Saturday, fair; north to cast winds i orth o o winte | BUFFET LIBRARY GARS ably rain in northern portion Friday; Sat- | o Best Dining Car Service urday, fair; variable winds | = MrEa ras oW s For Western Te Fair I Has been used for over FLI'TY YEARS by MILLIONS of MOTHERS for their CHIL DREN WHILE TEETHING, with PEite FLECT sUCC the CHIT JFTENS the GUM AYS all PAIN CURES WIND COLI iy tiie best Ten edy for DIARRHOEA. Sold by Druggist inovery part of (he world. e sure and ask for “Mrs. Winslow's soothing Syrup, nd take no otner kind. iwesty-five cents bottle " BuUY THE CENUINE SYRUP OF Figs MANUFACTURED BY * CALIFORNIA FIG SYRUP CO HOTE TEE RAMS. JOBBERS & MANUFACTURER OF OMAHA Part wes as day. except colder in | variable | t winds. For Eastern Texas—Fair Friday; colder v, partly cloudy; probably showers; variable winds. For lowa—Fair and warmer Friday; Sat- winds becoming variable. For Missouri—Fair Friday and Saturday; north to east winds. For Kansas—Fair and warmer Friday, turday, fair; var For Colorado and Wyoming—Fair Friday and Saturday; variable winds For Montana—Increasing cloudiness Fri- day, with rain or snow and colder, except in the extreme eastern portion; Saturday, | fair; colder in eastern portion; westerly winds. able winds. OFFIC] OMAHA, turs orr " WEATHER BURE, v, 8.-Official record of precipitation, compared with | ponding duy of the last three o N t vears DRY GOODS. N E. Smith & Co. E. © umporters and Jobbers ot Dry Goods, Furnishing Gooda AND NOTIO! 1900, 1599, 1898, 1807 Maximum temperature 7 Minimum temperature 31 recipltation sen 4000 00 Record of temperature and pr ymaba for this day and since % w0 pitation urch 1, mperature for the Total excess since Normal precipitatic Deficlency for the day 5 Total ralnfall since Marcii cess since March 1 . Deflelency for perfod, 1899, Deficleney for cor. perfod 1508 ris from Stations at day " Murch 1 BOLod Ang wocsd inus WIRK s a4y ™ sumiwsadmay & Withian: Succensors Wilsom & Drako. Manufacture bollers, smoke siacks ang breechings, pre reudering, sheep dip, {lard and ‘water tanks, boller tunes con. | stantly on hand, second hand botiers bought |ana so1d. " Spectal and prompt attentlon to Are in cit wintry 1 ELECTRICAL SUPPLIES. Waéfern Electrical Campany % ectrical Supplies. " | Electric Wiring Bells and Gas Lighting G._W._JOHNSTON, M 5 8t SAFE AND 1nUN wURKS. STATIONS AND STATE OF WEATHER. uepmded | Omaha, clear ... North Platie, clear .11 Cheyenne, part cloudy Salt’ Lake, clear Rapld " City clear Huron, part cloudy Willlsto Chicago, Louls, o | o0 00 0 | m | 0! cloudy clear He'ena, v Havre,' clear Bigmarck, clear alveston, clear he Gm:ha Safe and lron Works ANDREEN, Prop. Makes a specialty of 3) 4 J2 ESCAPES, 1R G0 s, And Burglar Proof Safes & Vault Doors, o 610 8. 14(h St Omnha, Ne T Indicates trace of precipitation 1. A. WELSH Local Forecast Officlal i ‘Thousands Have Kidney Trouble | and Don't Know it. How To Find Out, Fill a bottle or common glass with your water and let it stand twenty-four hours; a sediment 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 the back is also convincing proof that the kidneys and blad- derare out of order, What to Do, There is comfort in the knowledge so often expressed, that Dr. Kilmer's Swam| Root, the great kidney remedy fulfills every wish in Lullni rheumatism, pain in the back, kidneys, liver, bladder and every part | of the urinary passage, It corrects inabllity to hold water and scaiding pain in passing It, or bad effects following use of liquor, 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- c'dmlr! effect of Swamp-Root is soon realized. It stands the highest for its won- | derful cures of the most distressing cases. 1f you need a medicine you should have the best. Sold by druggiata in S0c. and $1. sizes, You may ‘have a sam, wonderful discovery and a book that tells more abcut it, both sent absolutely free by mail Address Dr. Kilmer & 1ome of Swamp Root. Co., Binghamton, N, Y. When writing men- | tion reading this generaus offer in this paper. “Dr. Kay's Lung Balm Davis & Cowgilt Iron Works, MANUFACTURERS AND JOBBERS OF MACHINERY, GENERAL REPAIRING A SPECTIALT) IRON AND BRASS FOUNDERS, | | | Pattern Makers and Model Builders. Manufacturers and Dealers—Steans Fittings, Elavator Supplies. Steam Engines and Bollers, Gasoline 1 nes, Cream Separators. Machin jes, 1igh Grade Repalr Work a Tactory and office 806-14 South EibVAILU L SUCPLIES. ELEVATORS | Improved Quick and Easy Rising Steam, Electric and Hand Powar Elevators, AUTOMATIC HATCH GATES. Hend for catalogue KIMBALL BROS, COUNCIT, BLUFFS, 1008 9th Sireet Telephoie 1 Davis & Son Agenta for the Richmond Smiety Gates and Fire Doors. evator Hydraulic and Hand Ele Elevator repairing & specialty, Leather Valve Cups for Elevators, Eoglaes uad Printing Pressses. ists 8 [ ippl {13 g? B ple bottle of this for cnuj i and throat disease |

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