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THE KANSAS CITY JOURNAL. SATTrnDAJDECEMBERlalSGa -. ... .
TAYLOR GETS IT
KENTUCKY ELECTION COMMISSION
DECIDES IX HIS FAVOR.
CAN NOT GO BEHIND RETURNS
PL-UXLV SAY THAT GOGDEL SHOULD
HAVE TIIC OFFICC
Predict That n. ''Tribunal of Compe
tent Jurisdiction" "Will Award
It to Him Minority Opinion
In Favor of Seating
FRANKFORT, KT Dec S. The state
board of elections to-night gave out their
official findings that V. S. Taylor, for gov
ernor, and the re?t of the Republican ticket
have been elected on the face of the re
turns. Commissioners Ellis and Pryor
signed the majority report, in which they
held that, as a board of canvassers, they
have no right to go behind the returns
of the county boards, that their duties
are purely ministerial as canvassers, that
the face of the returns, as received by
them from the counties, show the election
of the Republican state ticket: and certifi
cates of election were ordered Issued to
each candidate thereon. Commissioner
Poyntz presents a minority report which
he closes by paying:
"I am unwilling to certify fraud and to
turn Kentucky over to the control of the,
bayonet, Gatling gun and fraudulent Issue
Extensive preparations are being made to
Inaugurate Taylor next Tuesday.
The majority opinion of the election com
mission is as follows:
Oceupylnc o plce we did not seek, -we would glad
ly cape the dtEChaixe of the delicate and respon
sible duties which at the present moment confront
ua, but, hsrlng voluntarily assumed the responsi
bilities of fo Important a trust, our' duty la plain.
We are not at liberty to depart from elementary
principles, or to allow partisan zeal to force us to
any conclusion which is not approved by our Judg
ment and s&nrtlcned by law.
Jn reaching a conclusion In this case, we are com
pelled to construe, for the first time, the statute
under which we act. It has not received Judicial
court ruction or Interpretation at the hands of any
court. This, of Itself, adds to our embarrassment,
'and. If possible, to the magnitude of the disagree
able task before us.
, The capital question on the threshold Is, what are
the powers and Jurisdiction of the state board of
election commissioners, sitting as a canvassing
board, which is the capacity in which it now acts?
..Are our powers purely ministerial, or are they both
'ministerial and Judicial? May this board, under the
-law. acting as a. mere board of canrasseni, go to the
bottom of any and all Irregularities, misconduct and
frauds. If any, which, may have been committed In
the recent election, and, on the whole case, deter
mine whether or not what now appears on the face
if the returns Is true or, false? May this body in
quire Into the matter suggested by learned counsel
as to whether or not the election In the city of
Louisville was free and equal on account, as It Is
argued, of an unlawful Interference of the militia?
Hay we Institute an Investigation and determine
whether or not the election In any or all of the
counties of the state was or was not held by secret
official ballot, as required by law, and whether or
cot It was on that account or for 'any reason Illegally
conducted and therefore void Does the power re
side In this state board to consider whether or not
United States marshals were present at Dolline
places throughout the state, with a view of Intta-H
lasting tne voters t These are, as we understand It.
the questions underlying the whole subject.
There Is,. however, one material question involved
In tblff proceeding. It Is this: If we find, under, the
law., that this board, fitting as a.canvasslng board, is
clothed with judicial powers, the question Is, are
the papers and documents tendered for our considera
tion competent evidence for any purpose, or are
they merely ex parte statements, which, under the
rules of evidence, are Inadmissible to establish tacts?
Are the papers purporting to be amended certificates'
from Knox, Johnson, Magoffin and Pike court tea and
the voluminous record trom the city of Louisville
roch official documents as Import absolute verity,
and, therefore, competent evidence, or are they extra
official and ex parte and incompetent as evidence in
any court or before any tribunal where the rules of
evidence obtain? In considering the question xub
mltted, we must be guided by the rules of taw. We
cannot depart from the beaten path, for It la the
We consider first the question as to whether or not
-the powers conferred on us as a canvassing board au
thorize us to exercise Judicial powers. An appeal
to the provisions of the statute ought to furnish a
ready answer to this question. Whatever powers
and jurisdiction It confers, we may lawfully exer
cise. Whatever powers and Jurisdiction it has not
conferred we may not lawfully assume to exercise.
We did not make the law, fix our authority or mark
the limit of our Jurisdiction. If the law omits to
clothe this board, sitting as a canvassing board, with
jurisdiction and power to look into and revie elec
tion returns, as certified by the proper authorities
from the various counties of the state, we cannot
write into the law such authority. We haveno
right to add to or subtract from the plain terms of
After quoting extracts from the new elec
tion law, defining the powers of the board,
the, opinion .reads:
It It evident, from the law, that the state board of
election commissioners, when sitting as a board of
contest. Is clothed with powers and jurisdiction which
Jt doea not possess and cannot assume to exercise
when sitting, as at present, in a mere ministerial
As a board of contest It possesses the powers and
functions of a court. It may set aside the original
icturns, overthrow a prima fade case, and, when au
thorized by the law and the evidence, cast out pr-
clncts or v. hole counties and award the certificate to
the candidate other than the one having a majority
upon the face of the returns. Dut these are pavers
which the board can only exercise when silting as a
roara 01 contest.
We must assume that the legislature, by the en
actment ot section 12 of the law, which provides for a
board of contest. Intended not only to limit the powtr
of this body, when sitting as a board of canars,
but to confer all the judicial power and authority
wLlch the board could lawfully exercise alone upon
the board of ccntest. To hold otherwise would be iv
destroy the entire force of the section creating a
board of contest and conferring on It responsible du
tlea and Urge jurisdiction.
This law has carefully guarded the rights of all
candidates; while they may not contest their rights
to an office before the canvass I nr, board they un
questionably have such right before the board ot
contest. The remedy Is plain and speedy. Every
candidate, who Is defeated on the face of the re
turns, may. before the tribunal, provided by law,
test the question of his right to the office with his
adversary and nothing that the canvassing board
may do or can do will In any degree or in any man
ner whatever affect his right.
Such Is our construction of the present law and
we are fortified in the correctness of this construc
tion, not only by the Interpretation which the court
of appeals of this state has placed upon kindred stat
utes, but by all the law of the land so far as w
have been able to examine 1L
This board, under the present law. as a canvass
ing board, possesses no other cr greater powers than
those conferred on the governor, attorney general
and serretary of state.
To emphasize the correctness of thl mn.
elusion the writers of the majority opinion
quote largely from the statute and num
erous authorities and then nroceed as fol
But the question as to whether or not the powers
and Jurisdiction .of this board as at present organ
ized are purelj ministerial or both ministerial and
Judicial Is not ol supreme Importance In this pro
ceeding, when we come to consider the papers and
documents offered as testimony and upon which we
are requested to act.
These papers are clearly IncomMtent testimony
for any purpose and it would be held, so we appre
bend, not only la all courts, but It would be so
held by us if we were cow sitting as a board of
If this board was clothed with unlimited Judicial
powers It would not consider the ex parte statement
and extra and official sUttments here submitted. It
could not do so without violating the most familiar
rules ot evidence.
Every citizen la entitled to his day In court. He
cannot te deprhed of life, liberty or property except
by ttfe doe process ot law. It Is not due process o
law If he Is net given an opportunity to meet his aa
ersary and to cross-examine the witness, offering
against him, and toproduce testimpny In his own be
half. It would be monstrous to say that a person
appearing, on the face or the returns, to have been
elected to an office of high or low degree, could be
deprived of that office on mere ex parte affidavits
which he bad never had an opportunity to Inspect,
and before he had been given any opportunity, offer
to che evidence In his behalf. Such Is not. neer
was. and ne.er will be, the law in any civilized
state In the world.
What wo hate said with respect to the ex parte evi
dence applies to amended returns from certain coun
ties, which. In every Instance, only purport to hate
been signed by a majority of the county boards, and
which do not certify any fact authorized by the law
to be certified to this board.
It is contended by counsel for the Democratic
candidates that the military force of the state was
wrongfully and Illegally called out on the day of
the recent election, with a view to intimidating the
citizens and voters of the city of Louisville. For
the reason already stated, our answer Is that we
cannot, as a mere canvassing board, consider the
grave and constitutional question which they seek
to enforce upon our consideration. But, In justice
to counsel and to ourselves, we deem it relevant and
pertinent to at least Indicate our .lew on the sub
ject. It Is fact, about which we express no opinion, that
the militia of this commonwealth were called out
by the chief executive of the state on election day.
and. If the governor of the commonwealth was, in
fact, present in the city of Louisville personally In
command of the state troops, as argued, that pre
sents a condition which does not meet the approval
ot this board, and which. In our opinion, the law
unqualifiedly condemns. The orders and command of
the civil authorities will not do In this country. It
will certainly not do in Kentucky for anybody oc
cuplng official station or seeking political prefer
ment to call to his aid or assistance the militia ot
Such conduct Is nt merely reprehensible In the
first place, but it cannot be tolerated for a moment
by tho Anglo-Saxon blood, which is represented In
the cltlzenshlD ot this commonwealth. No law
writer of any respectability, and no court, has eer
agreed that a thing like this could be done in time
or peace with Impunity.
In the opinion he auotes extensively from
Coolej-'s Constitutional Limitations in sup
port of the positions assumed. It continues
The doctrine announced above Is the law of every
state In this republic, and. In a proDer case, with
the Tacts properly shown before a tribunal having
Jurisdiction to deal with the subject, the conclusion
to which such tribunal would, come is not, in ou
optnion. clothed br the sllchtcst shadow ot doubt.
But, for reasons already discussed, this board may
not now sit In judgment on that question, nor does
It Intend, by what It has said, to commit Itself to
any hard and. fast line ot action in the future.
Once more, counsel for the Democratic candidate
urged upon this board that It ought to reject the
vote of the city of Louisville on account ot the
official acts of a circuit judge who, as counsel con
tended, with writs cf mandamus and mandatory in
junction, not only forced, as It Is claimed, the
officers of election to ad raj t persons to the polling
places who legally had no right to be there, but
who, by mandatory process, required election officers
to certify returns which, it is suggested to us, were
not in fact tru. All ot this, for the reasons stated.
Is apart from the jurisdiction of this board, as at
present constituted. It Is enough, however. In this
connection, to say this Is not a government by In
junction ana when the question Is properly presented
beiore a tribunal naving jurisdiction to deal with
the subjret. we predict with confidence that the
judgment of such tribunal will be swift and certain
and that It will be distinctly held that such per
formances on the part of any judge in this state,
whether of high or low degree, are usurpations
which can not and will not be sanctioned by law.
If the people of Kentucky are noted for anything
it Is for fair dealing. Any attempt at Intimidation,
coercion, or overdrawing is resented by ever)' citizen
of the state and no officer can with i did unity exer
cise the functions of his place for the purpose of
controlling the lawful actions of the citizens, or to
put him In fear, except as he has committed some
public offense. We regret we have regarded it
necessary. In view of questions before us, to extend
this opinion to such length.
It results, from what has already been said, that
the certificates on the face of the returns before us
should be Issued to William S. Taylor, the Repub
lican candidate for governor, and to the ether candi
dates on the Republican state ticket with him, and
It Is so ordered.
FACE 15,000 BOERS
BRITISH FORCH AT JIODDEH RIVER
READY TO ADVANCE AGAIN
BOTH RAILWAY AXD BRIDGE HAVE
Minor Engagement in Wlilcli Four-
teen Brltlxh Were Wounded
BrlttnU LoHUm at I.ody smith
Aggregate :tl Killed
and 14S Woanded.
WATGB FOR THE
UTAH GENTILES SAY HE DID NOT
TELL THE WHOLE TRITH.
CALL HIM A DEFIANT CRIMINAL
DECLARE THAT HE IS NOW A FUGI
TIVE FROM JUSTICE.
LONDON, Dec. 9.-General Forestler
Walker has sent the followinc disuatch
dated at 9 o'clock last (Friday) evening, to
tne war offlee from Cape Town:
Telegraph and railway communication to Modder
rher has been reopened. A battery of field artillery
and a battalion or Infantry were dispatched from
Modder rler against Commandant Prlns Loos' force'
of l.COO Boerr, with one gun. who had destroed the
railway. Our losses were fourteen In wounded.
Some Interesting light Is thrown on the
position of affairs along the western fron
tier by a dispatch Issued by a Boer agency
last evening in Berlin. The dispatch says:
Commandant Prlns Loos force Is near Jarobsdal,
between Moddcr river and Rlct rlier. General Cronje
Is still on the north bank of Modder river, his rear
being protected by fortified positions at Spjtfontein.
The hills, between Modder rher and Sjptfonteln and
those between Jacobsdal and Rlet river are occupied
by Boers. Commandant De Lare)'s forte Is stationed
between Gras Pan and Honey Nest Hoof.
If thiB Berlin dispatch be correct and It
Is especially significant when judged In
connection with General Forestler-Walk-er's
advices to the war office there must
be some 15.000 Boers around Lord Methuen,
who is believed to have 11.000 men. Kim
berley, however, possessing an armored
train, can materially assist Methuen by
harassing the Boers from the rear.
The Times lias the following from Modder
river, dated Tuesday, December D
"The jiver is low and the railway bridge
If rapidly approaching completion. The
first train will cross to-night. After ex
traordinary exertions the pontoon bridge
nas ueen completed.
Lord Methuen's restoration of the rail
It Is Strongly Imputed That the Mor
mon Church la Upholding Po
lygamy and Tliai Violating
the Compact With the
MADE AND LOST MILLIONS.
C. Merldlth Slmpxon, Onee a Success
ful Promoter, Dies In Poverty
In Xew York.
NEW YORK. Dec. 8. C. Meridlth Simp
son, several times in life said to have been
a millionaire, was recently found dead In
his room at Stills house No. 1, this city.
Ho was 77 years old. and had made this
house his home for several months.
Friends who knew him in more prosper
ous days had the body taken in charge by
an undertaker, and word was sent to the
dead man's brother. General Marcus Simp
son, of Chicago. Mr. Simpson's only daugh
ter, who lives In this city, was also no
tilled. The story that friends tell of the dead
man's career is a story of ceaseless battles
with fortune, battles that had millions for
their stakes. Mr. Simpson was born in
Esperance, N. Y.. and when a boy went to
New Orleans, -where he soon established
himself In the dry goods business.
Prosperity smiled upon his venture, and
at the outbreak of the civil war he was
rated as one ot the wealthiest businpss
men and largest land owners In the state.
Like many others, he saw everything swept
away by the rebellion, and came North to
recuperate health and fortune."
He took an office in the financial dis
trict, and soon became known as a pro
moter. It was Mr. Simoson who at one
time conceived the idea of selling the stock
oi no xniru Avenue sunaee road to a
syndicate of Enclish capitalists. Every-
imng was in readiness tor tne transier
way, while relieving a load of anxietv ana ihS Jomoter b' I'imselr,abuUt to
"" jl tiiiAicvj i -An.. n ttnnHenmn nrnflt Than -. ViltnVi .nma
The following Is the gist of the minority
report which' will be read by Commissioner
I agree with my fellow members of the state elec
tion board that the Democratic candidates were legal
ly elected at the general state election held" Jfo em
ber 7, 1SSS, and. this fact Is thown by the certificates
made to- this board by the several county election
Mr. Poyntz then goes briefly over the tis
sue ballot matter, declaring that, In his
opinion' their 'use should have rendered
void the election In the counties of Pike,
Johnson,, Knox and Magoffin. The charges
of miliary , Intimidation at' the.',poJls In
Louisville is thendiscussed and the opinion
given that the election In Jefferson county
should Be declared void.
There has been a great amount of money
bet on the election throughout -Kentucky
as to who would .be the next governor of
me state, ana tne ueitors are trying to
decide whether. If Taylor is declared gov
ernor and later ousted by legislature as
not being a legal Incumbent, he was, in
fact, actually governor at all, in the eyes
of the law. The Taylor bettors construe it
one way, a.nd, naturally, the Goebel men
figure It out .differently. There has bea so
much money wagered on the outcome that
the thing has really a serious side to It.
The story that Judge Pryor will resign
at the conclusion of the board's session to
morrow Is untrue. Both he and Commis
sioner Ellis have lost all love for the posi
tion of election commissioner, and both
will retire after a time, but neither will
offer his resignation until all contests
arising from the late elections have been
SOUTHERN POP LEADERS MEET
Have a Conference at Memphis Pre
llminary to the Calling of the
MEMPHIS, TENN.. Dec S.-An im
portant meeting ot the Southern leaders
of the People's party was held In Memphis
to-day and it was decided that the ex
ecutive committee shall be requested to call
a meeting for February for the purpose
of naming a date for the next national
convention of that party. The meeting was
of an Informal character, no record of the
proceedings having been kept, and was in
the nature of a surprise to local politicians.
Those present were:
Frank Burkltt, of Mississippi; Milton F.
Park, of Texas: A. AV. Files and W. S.
Morgan, of Arkansas; Dr. C. W. Crow, of
Alabama; W. L. Peck, of Georgia; and
Joseph Parker, of Kentucky.
Frank Burkltt. wno is president of the
Reform Press Association, after the con
ference, said that, as the other great parties
In this country had already called meet
ings of their national executive commit
tees for the purpose of naming a date for
their convention, the People's party lead
ers thought it best that they take action
at onre. He said that it was considered
necessary to get the matter before the
people of the country and they thought
it best to have a preliminary meeting be
fore the committee was called together.
The majority of the leaders who were in
the conference are members of the national
committee or tneir party.
The National Reform Press Association
will meet in Mar of next "year and it is
considered important by ..the members of
this conference that a meeting ot the
national convention be named before that
here, accentuates the dangers still threat
ening his force. It Is gathered from the
brief official dispatch that Commandant
Prlns Loos' contingent was taken between
forces acting from Belmont and southward
from Modder river. It is quite possible,
however, that reinforcements were sent to
Belmont merely as a precautionary
There is little other news ot importance.
Reports continue to come from Ladysmith
that dissension exists among the Boers,
and especially that the Orange Free State
troops are discontented. There are alo
all kinds ot rumors of movements of com
mandoes from place to place, but tho
fact Is that little Is known here regarding
tho actual position of the Boer forces.
Moreover, the rumors of a collapse of Boer
spirit have been heard so often as not to
cause much satisfaction now.
According to a special dispatch from
Lourenzo Marques, the Modder river bat
tle Is described by a Boer correspondent
with General Cronje as "one of the fiercest
the Boers ever experienced." The corre
spondent goes on to say:
"General Cronje's wing sustained almost
solely the fearful attack of the British
right throughout the day. The Transvaal
ers tenaciously held their positions un
tlll 7 In the evening, when the Free State
burghers were forced to retire by the
heavy British shell lire. General Cronje
then retired under cover of darkness, after
facing the concentrated lire of all the
"The Boers freely acknowledge the her
culean assaults of the liritisn ana ueatn
illsnersinc- fire of the attacking infantry.
but they held their position for thirteen
hours against the flower of the British
army, replying solely with their Mausers
and maintaining tin uninterrupted rifle Are.
The Boer artillery was silenced early In
the battle through the overwhelming num
ber of the British artillery."
LADYSMITH, Thursday, Dec. 7, via
Weenen. The total British casualties here
since November 1 are live officers and
twenty-six men killed, and llfteen officers
and 130 men wounded, with three missing.
The Boer force Is still around us in large
numbers, but all within the town are well
PRETORIA. Thursday, Dec. 7. The fol
lowing dispatch, dated to-day. has been re
ceived from the head laager near Lady
smith: "The British are advancing on Colenso,
but last nltjht passed without an attack.
There was a desultory cannonade this
morning, the naval guns In Ladysmith re
plying vigorously to our fire."
GO TO JOIN THE BOERS.
I own Brother Hell Their Fine Farm
and Start for South
HOLSTEIN, IA.. Dec. 8. William' and
Daniel Davis have sold their fine CO acre
farm here and will go to South Africa.
Their father, Daniel Davis, Sr., is a large
farmer at West Barkley, Cape Colony, and
has sent for them to join the Boer forces.
Eight weeks ago they received a letter
from him saying that all the farmers In
that section were planning an uprising in
Boer interests, and asking them to come.
They left Immediately on the sale of their
reap a handsome proflt. Then a hitch came
ana tne deal rell through.
With dozens similarly situated. Mr. Simp
son was again reduced to poverty in the
crash that followed the failure of Grant &
Ward. In the latter vears of his life Mr.
Simnsnn'R tlmn nnil pnerpv Tinil ttpAn tnk'itn
up in litigation over tne famous oou
liouso Mexican bonds, said to invoivo a
sum of money between Jj.000,000 and $15,
000.000. These bonds have been the subject
of congresslonalinvestigation. Internation
al correspondence and litigation since the
early 'COs. They were originally Issued to
Daniel Woodhouse. and, on January 20,
1&G7, were officially denounced by Ignacio
Muriscal. secretary of the Mexican lega
tion, us fraudulent. After an appeal to the
president, the bonds were officially touched
on In a presidential message to congress
on July 10. 1SGS.
For a nominal sum Mr. Simpson obtained
the bonds years ago. and since then has
been lighting to realize on them. At one
time, it was said by a friend, he was of
fered S2.MH.O0O for the bonds.
At the Mills house, little was known of
3Ilnourl Rond Improvement AdHOCin-
tlon Wok Yenterdny AddreHKed by
SEDALIA, Dec. 8.-(Speclal.) The eighth
annual meeting of the Missouri Road Im
provement Association was held here to
day. T. O. Stanley, president of the as
sociation, of Sedalla, delivered his annual
address and the secretary. Colonel G. W.
Waters, of Canton. Mo., read his annual
report, showing the increased interest in
good roads throughout the state. Others
who read papers were: Norman J. Colman,
St. Louis. Mo.; W. B. McRoberts, Monti
cello, Mo.; George F. Reed. Sprir.gileld,
Mo.: II. A. Schoppenhorst. Peers, Mo.; J.
H. Bothwell, Sedalia, Mo.: T. S. McCala
han. Monmouth, III.; "Educational and
Social Advantage of Good Roads," Dr. R.
II. Jesse, president state university.
The association elected the following of
ficers ror i:0: president, T. O. Stanley,
Sedalla; vice president, G. F. Reed, Spring
field; secretary and treasurer, G. W.
The State Sheep Breeders' Association
held Its second annual meeting in Sedalia
Friday, Norman J. Colman, of St. Louis,
president. His annual address covered the
whole field of the sheep Industry. Others
who read papers were: L. E. Shattuck,
Stanbetry, Mo.; Professor F. B. Munford,
Columbia, Mo.: Dr. I. M. Abraham, Harri
sonville. Mo.; S. F. Huntsman, Cairo, Mo.;
W. D. Wade. Lamonte. Mo.
The following officers were elected for
1SO0: Norman J, Colman, St. Louis, presi
dent: Hopson Glasscock, Rensaelller, vice
president; L. E. Shattuck, Stanberry, sec
retary and treasurer.
CoiiKnl Mat mm Hcnrtl From.
WASHINGTON. Dec. S. Mr. Macrum has broken
his long silence, and, in a cable message received at
the state department to-uay, aateu rretoria, he an
nounces that he v. ill hail on the ISth Inst, via
N'aDles for the United States.
Air. Adelbert Hay, who Is going to Pretoria to re
place Mr. Macrum, will Ieae Washington to-morrow
to begin his Journey.
COFFEE THE CAUSE
of Heart Trouble.
"Three cases of heart trouble that hnvo
been relieved by stopping coffee and taking
me fusiuiu iu ue jusi us tne uoctor sain,
notice. First, my own case. I suffered
greatly from palpitation and Irregularity
of the heart. My physician ordered me to
leave off coffee, and when I took up Pos
tum Food Coffee In its place, the heart
trouble was soon entirely cured, and' I find
the Postum to be just as the doctor said,
'not only harmless. !ut very beneficial.'
"A gentleman friend had much the same
trouble with his heart. I suggested that
he try Postum. After the first cup ut
breakfast, he said: 'I don't want any
more of It.! Inqulry proved that it had
not been properly boiled, so I prepared a
cup for him, strictly according to direc
tions, and he pronounced it 'delicious' and
'better than coffee. Mrs. , of Paducah.
suffered much the fame way, and has had
the same experience In recovering from
heart trouble by the discontinuance of cof
fee and taking up the use of Postum. For
private reasons, I request that you with
hold my name from publication." ,
Republican Wnnt I'oynter to Call a
Special Senxlon or Name a
LINCOLN, NEB.,Dec. 8. Governor Poyn
ter escaped to-day from the politicians in
terested In tho senatorial appointment by
going to his home, in Boone county. The
governor said he would make no appoint
ment until his return to Lincoln next Tues
day. The names still most prominently
mentioned are Former Senator William V.
Allen, a Populist, and Gilbert M. Hitch
cock, of Omaha, a .Democrat.
Before leaving. Governor Povnter re
ceived a letter from Orlando Tefft. chair
man of the Republican state central com
mittee, petitioning him to call a special
session of the legislature for tho purpose
nf fillinir the senatorial vacancy, or. If that
be deemed inadvisable, to appoint some
well known Republican agreeable to the
majority in tne legislature.
He Murdered Mm. Jane Xicbolaon In
a Waihlnston Park In
WASHINGTON, Dec. S.-George W. Hor
ton was hanged In the District Jail to-day
for the murder of Jane Nicholson. Hor
ton's crime was one of the most cold
blooded murders ever committed in the
District. Horton was an . ex-member of
the police force, and Mrs.' Nicholson was
a divorced woman. On the evening ot June
24. 1S9S. he merthewoman In Armory park,
and; In th'o conversation which ensued, she
announced her determination to break off
the relations which existed between them.
As she arose from the bench to leave him.
the drew a pocketknlfe and slashed her
across the throat. In a frenzy of rage, he
stabbed her again -and Again, -almost sev
ering her head from her body. Nearly 100
persons witnessed the murder, but were
too paralyzed with horror to interfere. He
made no attempt to escape, and vleldea
quietly to arrest. His defense was In
sanity, and after his conviction repeated
attempts were made to secure executive
clemency. The president, however, declined
to interfere with the sentence. Horton was
a married num.
American licet ftir BritUh Army.
CHICAGO. Dec. 8. Llbby. McNeil Llbby have
shipped 7S0.00O pounds of canned beef to the British
army In South Africa. Twenty-four cars were re
quired to carry It. This Is the largest shipment of
canned beef ever made from this city.
SAILED WITH SIGSBEE.
KANSAS JUDGE RESIGNS.
L. Price, of the Thlrly-flrnt Dis
trict, Will Leave the State and
Go to Sandnsky, O.
TOPEKA, Dec. S. (Special.) Governor
Stanley to-night received Indirect but defi
nite Information to the effect that Judge
F. L. Price, of Ashland, would resign as
Judge of the Thirty-first district in a few
days and remove to Sandusky, O., to
practice law. Kd Madison, ot Dodge City,
Is spoken of as Price's successor. Gov
ernor Stanley makes the appointment.
Awful Itchingof Eczema
Dreadful Scaling of
CURED BY CUTICURA
Cbticuha Soap, to cleanse the skin,
CtrnccRA, Ointment, to heal tho skin, and
CnncunA. Resolvent, to cool the blood,
make tho most complete and speedy euro
treatment for torturing, disfiguring hu
mors, rashes, and irritations, with loss oi
hair, which have defied the skill ot the best
physicians and all other remedies.
THE SET $1.25
Ot.Soif, act OlIiT, S0C1 RltOLTtV.OTc. Bold
mrjwham. FortMO.AiiBC.Coir, Frph, Bsitoa.
Man Who Wan Electrician on the St.
Paul Under Maine's Old
GUTHRIE, O. T., Dec. 8. (Special.) T.
R. Davis, ot Cincinnati, O., who Is here
arranging tho electrical equipment of the
new Guthrie theater, served as electrician
of the St. Paul under Captain Slgsbee, dur
ing the Spanish war. Captain Sigsbee. It
will be remembered, was captain of the ill
fated Maine, at the time of its dstruction,
and is now captain of the battleship Texas.
Said Mr. Davis to-day: "Sigsbee is any
thing but popular with his men. None of
them denies that he is brave and a shrewd
naval officer, but he is lacking in executive
ability, and Is not considerate of the com
fort and feelings of the men under him.
They think he Is arrogant and lavish no
affection on their leader.
"The government paid a rent of $2,300 a
day for the St. Paul, and it, was one of
lour Dig Atlantic liners vnicn was orougni
into the scouting service during the war.
"General Sampson had no admiration
for our captain and at the time of the
naval parade In New York harbor, on Au
gust 20, of last year, snubbed him. The St.
Paul was supposed to go to Philadelphia,
but Sigsbee was anxious to take part in
the parade, and steered up to New York.
We remained out of the parade and Sigs
bee signaled to Sampson. "What place shall
we take?' Sampson signaled back, 'Stay
where you are.' "
BURGLAR USED AN AX.
Conl Denier of Lawrence, Ivan.. Ter
ribly Beaten by a Thief Who Ku
lerecl Ills Bedroom at Xlclit.
I,AWRKNCK. KAS., Dec. S, (Special.)
"While R. A. Kler, a local dealer, living In
North Lawrence, was asleep last night, a
hurglar entered and looted the place of
considerable money, after first beating Mr.
Kler Into Insensibility with the blunt Hide
of an ax. "When Mr. Kler was discovered
this morning tho room was bespattered
with blood and showed signs of a terrible
struggle. Drawers were pulled open and
their contents plied about In confusion.
On the bed lay Kler unconscious with his
face bruised and swollen and covered with
blood. Doctors expect his recovery al
though he Is terribly injured, ine ax was
found Ktuck In a log in the yard,
rests have been made.
WASHINGTON. Dec. 8. An answer to
Mr. Roberts address to the American peo
ple was given out to-day by a delegation
representing the Gentile element In Utah,
who are here to oppose Mr. Roberts. The
answer Is as follows:
In this morning's papers Mr. Roberts
makes an appeal for sympathy In which
are many statements needing correction,
while many facts are suppressed.
Mr. Roberts claims that the precedent made by his
exclusion Is both new and dacgerous. That It la not
new wru conclusively shonn by Mr. Tayler In his
able legal argument bftfore the home, and not a
single precedent to the country was cited where the
ground or objection was Ineligibility. Neither Is the
precedent tfaerous. Whenever a "prima facie"
rase is made against a member's citizenship, shotting1
that under a. conviction for felony against the laws
of the United States he is disfranchised, and, further,
that by reason ot his present maintenance of the
status of a polygamist he Is again suffering trom
civil disability under the Edmunds anti-polygamy
act. such a member, refusing even to deny the
charge, should be excluded. Xor Is this dangerous,
for It is not UVely, as Mr. Roberts seems to assume,
that an entire minority or all representatives of a
large state are coming to congress carrying such a
burden. In other states-, men who flaunt their viola
tions of these laws of decency fn the face ot the pub
He are sent to the penitentiary. It la only in Utah
where such Indecency eier added to one's eligibility
and served as a recommendation to political prefer
Mr. Roberts contention that no evidence ot his
guilt can be received except a judicial record of hl&
conviction in Ltah as a matter oi law is erroneous,
and. as a matter ot practice, dangerous, because Mr.
Roberts and his all powerful and inspired priesthood
can prevent such conviction If they consider It worth
Mr. Roberts claims that, whatever were his civil
disabilities before statehood, they vtere remoed bj
the adoption or tne state constitution. II at the time
of the Dassase ot the enabling act Mr. Roberts was,
as he seems In his appeal to admit, disfranchised by
act of congress, and therefore not a full citizen ot the
United States, as by the constitution he must be, t-
become a member of congress, then he Is still In the
same condition, because the constitution of Utah
could not restore him to federal citizenship, and the
enabling act did not do it. The enabling act of
Utah, unlike that of some ether state, required citi
zenship of the United States as a qualification for
toting, and did not confer that citizenship upon thoie
then not such citizens. Hence, Mr. Roberta' state
ment that, by .Utah becoming a state, he was re
habilitated in the wanting attributes of citizenship.
Mr. Roberts says he has not been convicted since
Etatehood. It does not follow that he Is Innocent.
He is now a fugitive from justice In Salt Lake county
on a charge of unlawful cohabitation, and In Davis
county, V., where resides one ot his poiygamou
les, with her illegitimate twins, born August 11,
US", a charge of adultery (a felony under the laws
of Utah) has been for two months pfgeon-holtd by &
Mormon prosecuting attorney.
Mr. Roberts, In his attempt to belittle hit crimes.
Inslst3 that he Is enly charged with a misdemeanor.
He knows better. He knows that he has been, under
oath and before the proper prosecuting ofHccrs,
charged with the felony oi adultery as well as the
misdemeanor of unlawful cohabitation. He as-rts
that In 1SS9 he pleaded guilty to a misdemeanor only.
and also says that. If he were guilty of the -ame acts
In the District of Columbia, "etcn flagrantly go," as
a member of congress he could not be arrested there
for because. It Is only a misdemeanor. Here again
Mr. Roberts states what Is not true, and he ought to
know it. Unlawful cohabitation under the Edmunds
act. under which he pllad guilty, was a felony, as
also Is adultery, with ''which Mr. Roberts Is charged
In DaU county. U. In the District ot Columbia
both unlawful cohabitation and adultery are felanles,
as defined by the Utah statutes, and it Is only in
Utah that the former Is a misdemeanor.
These charges. In tlew of the Edmunds and nd
muntis-Tucker laws or the United States, still in
force, w arrant -Mr. '.Roberts exclusion. They are ag
g raw ted, however, because his is not an isolated
case, but one representative ot a system.
Many sentimental people arc being misled by Mr.
Roberts very ingenious suggestions from which some
people Infer that he took his polygamous wives when
It was lawful to do fo. This is a mistake. Adulter)
was a crime in Utah when Mr. Roberts was born,
and at the time ot the passage of the Cullom anti
poly gam j- act Mr. Roberts was only 6 years old. His
plea for smpathy, therefore, amounts only to this,
that he should be allowed to continue hlstcrlmlnat
practices notwithstanding he took his polygamous
whes in defiance of law. We demand that he shoull
support his families, but also demand that he shall
cease the begetting of further Illegitimate offspring;
and this Is our only bone of contention, the only
thins demanded which he refuses to yield. In this
matter we disclaim any desire to have him declared
Ineligible because he is a Mormon, but solely be
cause h" Is violating and defying the laws of cur
state, of the United States and of common decency.
Ex-Co nzressman II. King was and is a Mor
mon and no claim of Ineligibility was ever made
against him. We point to this fact as showing that
we oppose Mr. Roberts not upon the ground of any
religious opinions entertained by him. but because
of his criminal prirttces. Neither Is this a matter of
religious or political persecution or prejudice. The
undersigned Include men of different churches and
men who belong to no church, those who are Re
publicans and those who are Democrats.
Mr. Roberts denies, and we assert, that the com
pact between Utah and the other states has been
violated. That compact was evidenced by many pub
lic acts as follows: ,
First By the manifesto of the Mormon church In
1S90, which, by their leading men. was Interpreted
under oath to prohibit the continuance of polygamous
relations as well as the contracting ot new marriages.
Second By the Utah legislature, which, in 1S92,
made unlwaful cohabitation as well as polygamy
crlme- against the territory.
Third By the solemn pledge of the apostles of this
alleged church that these laws would be obeyed and
enforced, which pledge was made in a petition to
the president praying for a general amnesty procla
mation. Fourth By the declarations made by prominent
citizens of Utah before the congressional committee
having the enabling act under consideration, where
also the forego ins evidences and statements were
used to secure statehood.
Fifth By the declaration in the constitution ot
Utah that polj gamous marriages shall be forever pro
hibited. Sixth The act of the constitutional convention con
tinuing In force the territorial laws punishing un
lawful cohabitation as welt as polygamy, cf which
convention Mr. Roberts was a member.
All these public acts combined show conclusively
that the compact Includes the discontinuance ot old
polygamous relations as well as the prevention of
As evidence that this compact has been broken we
nnlnt to the' following!
First That in Utah 1,600 Illegitimate children hare
teen born to polygamous wives since statenoou.
Second That about 2.000 polygamous households
now exist In Utah, and that the attempt to secure a
punishment of these offenders Is denounced by the
maicrlty. as we believe, of Utah's citizens.
Third That the circumstantial evidence unmistaka
bly points to the existence of new wives in polyga
mous households, the most conspicuous examples ut
which arc the caes ot Apostles Abraham H. Cannon.
John W. Taylor and Tuesdale, in at Iea-i the first ot
which the church organ ot the dominant church re
fuses to deny the marriage, and the new polygamous
wife Is employed as teacner in a enure n academy.
Fourth That the very men who Interpreted the
manifesto of 1S90 to prohibit unlawful cohabitation
with prior acquired wives now publicly Justify Its
Fifth That most of the same men who. In a peti
tion for amnesty, pledged their sacred honor for tha
obedience ot the law by their people are now, by et
ample and precept, encouraging to commission of the
crime or unlawful cohabitation.
Sixth As a further evidence of this bad faith we
call attention to the fact that the men holding high
church offices have pleaded guilty to the crime of un
lawful cohabitation before the state courts without
having their church standing affected, even, in some
cases, having their fines paid by sympathetic friends
Seventh All this is by necessary implication in
dorsed by a majority of Utah's people In the election
ot Brlgham H. Roberts, who, during bis campaign
for election, was publicly charged with being a vio
lator ot the laws, as evidenced by his illegitimate
nroeenr. an din spite of these undented charzes hu
was elected by an overwhelming majority.
That Mr. Roberts himself understood that compact
to mean the discontinuance of unlawful cohabitation,
we point to his reglstratlve oath ot IS 33, In which he
swore it to be his Intention to obey the law prohibit
ing unlawful cona Dilation
Christmas is coming.
This startling piece of information may not be generally
known, and a good many of us who are used to look for
snow and sleigh rides, and skates, and an ice time, have found
it hard to believe that Christmas was so near but it's com
ing, and you've only got thirteen more shopping days to buy
it, or them, or those in. There's one thing that neither good
nor bad weather affects; that's the Christmas present. As
usual, we are ready to have you come and look at what
we've got to sell that will be suitable for him, and this year
we've added a sort of a "for her" department. To-day we
open the holiday neckwear in all its glory. Thousands of
dozens of Tecks, four-in-hands, imperials, puffs -and En
glish squares; the 50c kinds at 35c; the 75e kinds at 45c;
the 1.00 kinds at 75c, and the $1.50 kinds at $1.00. The
new mufflers, Oxford and Harvard shapes, at 35c, 45c, 65c,
75c; the square mufflers at 15c, 25c, 45c, 75c, SI. 00 and
$1.25. New pocketbooks, new gloves, new fancy hosiery,
for men and new furs for women and girls and little girls.
"Waists, jackets, pocketbooks, capes for women, smoking
jackets for men, dressing sacques for women, bath and
lounging robes for men and women, slippers for men and
women. Your presence invited to see our presents.
FOR CHRISTMAS GIFTS GET
THIS WARE IS BECOMING MORE AND MORE POPULAR
AND ESPECIALLY FOR GENTLEMEN'S USE. EVERY
PIECE WE SELL IS GUARANTEED -GENUINE EBONY,
MOUNTED WITH STERLING SILVER 9254000 FINE.
MONOGRAM ENGRAVED ON THE SILVER MOUNTINGS
WITHOUT EXTRA CHARGE.
EBONY NAIL FILES 50c
EBONY BUTTON HOOKS... . - -50c
EBONY TOOTH BRUSHES . . . -53c-
BRUSHES $2.50 to $5.00
EEONY COMBS $1.00
BRUSHES $L25 to $23
BRUSHES $1.75 to $20
r i .
I Catalogue of Holiday CaCLC'VVX'VvWl
) uoods Mailed l-ree. i I , pn
? Write for it to-day. , 1 vi
MIRRORS $23 to $60
BRUSHES $3.00 to $5.00
BRUSHES $1.03 to $3.00
HORNS $1.00 to $2.50
This Piano Stock
Is by far the most complete in Kansas City. All the new styles from '
eight of the largest piano manufactories in the world will be found in
our salesrooms, including Knabs, Vose & Sons, Hard man, Weber,,
Ludwiz, Standard and Singer instruments. Prices are based on our
cash buying and are much less than those quoted by the small dealers.
Inspection will show this and it is cordially invited.
J. y. Jenkins' Sons
921-023 MAIX STREET.
ROR HOLIDAY PRESENTS
Greatest Selected Stock ol Fin Jenelry Ever Exhibited.
Silk Web Suspentlers, assorted colors,
sterling- buckles $2.S0
14k Solid Gold Link buttons,- Roman or
polished tinlsh $2.00
14k extra heavy Lever buttons 1.25
14k best filled Link Buttons 31.00
14k Solid Gold Pearl Pendants, different
styles and designs K.U)
Vlth Diamond centers J14.(0
Rogers' best Purt Boxe J2.2."
Rogers' best Toilet Sets K.00
25-year Ladles' American Watches $10.00
23-year Gents' American Watches.. ..$12.00
20-year Gold Filled Chains $2.00
10-year Gold Filled Chains $1.C0
14k 10-year Gold Chain Bracelets $2.25
Sterllnsr Manicure or Embroidery Scis
14k heavy Gold Gents Belcher Rings, as-
sorted colored sets $4.eil
French Lemaire Pearl Opera Glasses. .. $5.0(1
14k extra heavy llarqulse Rings, assorted
colored sets .. ..$3.f4
Extra heavy Sterling Souvenir Spoons.
Kansas City's popular buildings $LC0
Our Diamond department is now most
complete, prices, quality ani designs speak
Ik Diamond, absolutely perfect. Stud or
2k Diamond Stud or Ring $140.00
2Hk Diamond Stud or Ring $173.10
Wholesale or Retell. No Competition. Call and be Convinced.
L. J. MARKS, 936 Main. Established 1879. Eyes Tested Free,
Fonnd Dead, With Gnu Jet Open.
NEW YORK, Dec. 8. Policeman Cliirlei L. Hen
tile and a young woman, said to be Mamie Jackson.
2S years old, were found dead to-day In a room of a
Houston street hotel. Tliey had been killed by gas.
the two Jets in the room being found turned on. All
windows were closed tightly and the transom oer
the door was shut.' Whether it was an accident or
suicide is not known.
Mother and Dangliler Dead.
NEW TORK. Dec 8. Mrs. Elizabeth Somerrllle.
i years old, and her daughter. Mrs. Elizabeth Lind
say CO years of age. were found dead In their apart
ments on West Forty-ninth street to-day They had
been asphyxiated by 4U. which was Bowing from
a tube used to connect' with a gas store. All the
circumstances showed thi deaths to have beta accidental.
T. C. ILIFF. Salt Lake.
O. W. MARTIN. Mantl, U.
C. M. OWEN. Salt Lake.
J. M. COOMBS. Brlgham City, U.
A. T. ECHROBDER, Salt Lake.
Wichita Street Ratlivar Sold.
WICHITA. KAS.. Dec. 8. The long street railway
fight In this city was ended to-day when W. B. Mc
Klnley, representing a company of capitalists of
Portland, Me., closed a deal with the Batchelder
syndicate, of New Hampshire, ror the purchase of
the Wichita street railway system. The price paid
was J30.000. The franchise has four years to run.
lined by Brltlah. Soldiers In Africa.
Captain C. G. Dennlson Is well known all
over Africa as commander1 'of the forces
that captured the famous rebel. Gallshe.
Under date of November 4, 1S37, from Vry
burg, Bechuanaland, he writes: "Before
starting on the last campaign I bought a
quantity of Chamberlain's Colic, Cholera
and Diarrhoea Remedy, which I ued my
self when troubled with bowel complaint,
and had given to my men, and In every
case it proved most beneficial."
State Convention Sow In Session at
Springfield With a large
SPRINGFIELD. MO., Dec. S.-(Spedal.)
The thirteenth annual convention ot the
state Christian Endeavorers met In this
city to-day. and was called to order at 9
a. m. There were 127 delegates present,
but many more came In this evening and
others will arrive in the morning. Business
houses and residences are all decorated
In bunting of blue and gold. Stone chapel.
In which the convention meets. Is hand
At the meeting this mornlner. A. C.
Forse, of St. Louis, presided, opening tho
meeting with prayer. Fred W. Pock, of
Bolivar, led In the devotional service, and
was followed by Rev. Mr. J. T. Bacon, of
the Cumberland Presbyterian church, of
this "city, who delivered an inspiring ad
dress of welcome. Guy M. Withers, of
A discussion on the "Spiritual Power of
the Quiet Hour" was participated in by
Miss Kate Haus, state Junior superintend
ent, of St. Louis, and Rev. Mr. Asa Leard,
of this city. Rev. Mr. J. M. Cromer, of
Kansas City, then spoke on "I Promise
Jesus To." the covenant of the convention.
He was followed by Rev. Mr. W. F. Rich
ardson, state vice president, of Kansas
City, with an address on "True Merit."
E. E. Smith, ot Kansas City, led In a
discussion of the work of the "Lookout
Committee." Interesting afternoon and
evening sessions were held.
May Itnin Some 31 ore.
Partly cloudy weather with possible rains this
morning Is predicted for to-day. Following are the
hourly readings or me temperature ror yesterday:
8 a. m..
9 a. m..
10 a. m..
11 a. m.,
12 noon .
1 p. m..
Maximum 50; minimum 33.
...15 2 p. m
....39 3 p. m
....39 4 p. xn
....43 5 p. m
....4? C p. m
....48 '7 p. m....,
BctrytMnq Perlainlnj to Uiutt.
Is built to meet the needs of
the moat exacting Its fault
less tone and exquisite touch
commend it to all. Above
everything-, it is sold at a me
dium price within the reach
of even limited purees. Sold
on easy payments by
Uasat City's Luiilt iHavc
JEFFERSON" cm, Dec 8. (Special.) Certificates
of Incorporation were Issued by Secretary ot Stats
Lesueur to-day as follows: The Enderle Drug Com
pany, of St. Louis, capital stock 33.000: Sun Realty
Company, of St. Louis, capital 310.000: Fremont Lan
and Improrement Company, ot Kansas City, capital
15)0,000. Incorporated by Hale Holden, Ollrtr H.
Jiosman and Charles D. Cllngan.