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II Iff LAST EDITIG1 MONDAY EVENING, TOPEKA, KANSAS, DECEMBER 30. 1901. MONDAY EVENING. TWO CENTS. m IT GOES. Judge llazen Knocks Last Prop From Liquor Ordinance. Says City Can Not Pass Search and Seizure Law. POLICE HAVE NOTHING. Left With No Authority For Raids on Joints. Judge Holds That City Charter Isn't Broad Enough. No Provision For Seizure and Destruction of Property. Judge Hazen this morning decided that the council of the city of Topeka ha3 no right to pass an ordinance for the search- of places where liquor is il legally sold and for the seizure of li quors found there. The court held that1 unless the legislature gave express and not implied authority for a search and seizure ordinance or unless provision was made In the city charter for the destruction of property that the council could not pass such ordinance and that the present ordinance is invalid. This leaves the city practically without an ordinance under which the police can successfully prosecute the illegal liquor sellers. In delivering his opinion Judge Hazen said: "If the city has authority to pass an ordinance authorizing the seizure and destruction of property it is by virtue of express authority granted by the leg islature. The authority to seize and de stroy property has been recognized and held to be the exercise of a high judicial power and cannot exist by inference or implication. In discussing this question Judge Dillon, in his work on municipal corporations, says: 'A corporation, un der a general power to make by-iaw3, cannot make a by-law ordaining the forfeiture of property. To warrant the exercise of such an extraordinary auth ority by a local and limited jurisdiction, the rule is reasonably adopted that such authority must be expressly conferred by the legislature.' This proposition, a3 laid down by Judge Dillon is well sup ported by numerous decisions. "In the case of Henke vs. McCord, the supreme court of Iowa says: 'It has been quite uniformly held that a muni' cipal corporation has no authority to pass an ordinance creating a forfeiture of goods and chattels as a penalty for violating its by-laws or ordinances, un less such powers are expressly granted by its charter. "In the argument of the question whether the legislature of this state has expressly conferred upon cities the power to seize and destroy property, it was contended by counsel for the city that such power is granted by sub division 28 of section 11, chapter IS of Dassler's statutes, and it was also ad mitted that no such authority exists unless it is conferred by that sub-divis Ion of section 11. "Sub-division 28 provides that the mayor and council of cities of the first class shall have power 'To prohibit and suppress the, tippling shops, saloons, dram shops, club rooms, to restrain. prohibit and suppress slaughter houses, houses of prostitution, disreputable houses, games and gambling houses, dance houses, keno rooms, desecration of the Sabbath day, and all kinds of in decency and other disorderly practices. disturbance of the peace, assault and battery, and pettit larceny, and to pro vide ror the punishment thereof. "It is contended on behalf of the city that. In suppressing saloons, tipplin shops, etc., enumerated in this sub division 28, the city has authority to seize and destroy the liquors and para phernalia of such places. But if this construction is placed upon the statute, then the power to seize and destroy property is not by reason of its being expressly conferred but arises solely by inference, as an incident to the exer cise of an express power. The word suppress,' as used in this statute does not mean the destruction of property but it contemplates the suppression of the place by punishing the keeper there of or the offending cerson. and means the same when applied to tippling shops " saioons as wnen applied to slaugh ter houses, houses of prostitution, dese crations of the Sabbath, etc It cannot be reasonably claimed that in the exer else of the power conferred bv this stat ute the1 city would be authorized to pass ii uruinanee proviuing ror the seizure and destruction of personal property used in running a slaughter house or house of prostitution or to seize and destroy property used by a Demon en gaged in a desecration of the Sabbath oy Keeping his place of business open on Sunday in violation of law. "If the contention of the city is well founded that the 'suppression' of an un lawful place, as enumerated in subdivi sion 28, includes the right of seizing and uesiruying property, tne logical conclu sion would necessarily be that the city would be authorized to destroy the building in which such unlawful nlo.ee was maintained, if that was necessary to the suppression of the place. 'Section 11 of the city charter act Is uiviaea into 44 subdivisions, and in each one of these subdivisions power to do me tnings tnerein enumerated is ex pressly conferred, but in the entire sec tion there is no place where authority Is granted to ordain the seizure and de struction of property, except in subdivi sion 25, where the power is expressly conferred to destroy dogs running at large contrary to ordinance. "It seems clear that it was never in tended by the legislature to confer this extraordinary power upon cities, as con tended on behalf of the city in this ease, for if such intention had existed the power would have been expressly con ferred. "The court holds that since there is no express authority granted to a city to pass ordinances for the seizure and de struction of property, it necessarily fel lows that any seizure and destruction or property under such an ordinance would be unlawful." CITY HAS NO APPEAL. 4.clty Attorney Spencer, in discussing The search and seizure decision by ii Kt Hazen tn,s morning, said: "The city has got to work on what is left of ordinance 2192. That was passed last November. This decision knocks out th Beareh and seizure clause of that ordi nance and in addition means that the city can not pass any search and seiz ure ordinance. As a matter of course trie Cray habeas corpus case appealed from tne police court to the supreme eoart will bring a decision upon the same questions as were before . Judge Hazen, in this way: if the supreme court holds contrary to Judge Hazen and that the section of the Hurrel law giving cities power is good then the cities will have power to pass ordi nances under the i furrel law. All that has been passpu o . by Judge Hazen up to this morni ijr was mm'on to quash in the Parish cr ,'.t 'brtuy that the Hurrel law ! not :tprly. The ma terial question cow ta tt bedded, is how far cases can be prosecuted under ordinance S192 with the seraei an1" seizure clause knocked out. There . several points yet to be decided. Then? are many cases pending and just what effect this decision will have on them will have to be decided. The nuisance and sale clause may still be good. The city has no appeal from this decision of Judge Hazen 's nor from the decision on the Hurrel law." HE DRuPMRUM. Humored However That Burton May Again Take Him Up. Secret Got Out Through Presi dent Roosevelt Himself. Now that Christmas is over interest In the United States marshalship is re viving. At the time that President Roosevelt appointed Colonel Metcalf as pension agent it was rumored that L. S. Crura, whom Senator Burton had recommended for the marshalship, would be turned down, and in support of this a Washington dispatch quotes President Roosevelt himself as saying that Crum would have been turned down if Burton had not dropped him. Notwithstanding this Crum stock is looking up a little. While other people have been celebrating the Christmas festivities, Crum- has been hustling. Within the past few days he has been sending all sorts of endorsements to Washington. He is an old soldier and has been getting all the old soldier en dorsements possible, and it is now re ported that Senator Burton is once more getting behind Crum's candidacy. One thing in Crum's favor is the fact that Pete Foley, of Parsons, is against him, although Foley himself gives it out that he will have sufficient influence with H. C. Payne, the incoming post master general, to be retained as post master at Parsons instead of being ignominiously turned down as Post master General Smith recommended, and as President Roosevelt announced that he would do with Foley. Apropoo of the appointment of Payne to the cabinet, it might be noted that Mr. Payne is a. good friend of Cyrus Leland. He is, in fact, one of two men whom Mr. Leland especially recom mended to President MeKinley for places upon Mr. MeKinley's first elec tion in Leland and Payne served on the Republican national committee together, and when Mr. MeKinley asked Mr. Leland what he wanted for himself he replied that he wanted nothing, but he would like to see Payne and 5. V? Dawes given good places. Early In 1897 Leland also got a resolution through the Republican caucus of the Kansas legislature endorsing Payne for a cab inet position. For this reason Mr. Foley, the protege of Senator Burton, may not stand any better with the incoming postmaster general than he does with the outgoing, and the fight which is proposed on Fourth Assistant Postmaster General Bristow may not have as much weight as it otherwise would. The report that Burton had dropped Crum some time ago came Irora chance remaxk dropped by President Roosevelt at the time Representatives Calderhead and Long called on him m the interest of Leland and D. W. Mul- vane happened in at the same time. At least this is the statement made 1,1 a dispatch from Washington. According to this dispatch the president said to Mr. Mulvane when the latter '"entered the room: "I "have given these gentlemen more time to work upon Leland'8 case, but have told them that I don't want to name him over Burton's protest. I have turned Burton down on the Foley and Tracy appointments and would have done so on the Crum appointment nao. the senator not dropped it. I don't like to do anything more to humiliate him." When the president spoke about Bur ton dropping Crum the members of the delegation, with surprise, looked at Mul vane. He was somewhat nonplussed. "It must be a mistake about Burton dropping Crum, Mr. President," said he. "Oh, I guess not," replied Roosevelt. "The attorney general gave me the in formation." Attorney General Knox must first pass on the marshalship before it reaches the president. HOT FACTIONAL FIGHT Between Foraker and llanna Partisans in Ohio. Columbus, O., Dec. 30. The Ohio leg islature which elects the successor of Senator Foraker convenes here next Monday. The party caucuses to nomi nate candidates for presiding officers and other persons in both branches of the general assembly, will be held next Saturday night. As the Republicans have a large majority in both houses, and as there is no opposition to the election of Foraker, the senatorial ques tion for this session is settled, but there is a very bitter contest in progress bear ing on the re-election of Senator Hanna two years hence, as it is said that a majority of Republican members will be re-elected to the next assembly. ' Senator Foraker is at his home at Cincinnati and Senator Hanna remains in Washington. Neither is expected here this week, but both are in constant communication with the leaders of their respective forces. John R.Mallory.secre tary of the state committee and oil in spector under Nash, is manager of the Hanna forces and ex-State Chairman Charles H. Kurtz who w-as private sec retary to Foraker, as governor and who headed the fusion in the legislature against Hanna four years ago, is mana ger of the anti-Hanna forces. It is claimed by the Hanna men that the present contest is "the same old fac tional fight of 1897-98 over again." The Foraker men claim that they are simp ly exercising their right to support their friends. Both factions have their respective tickets for the caucus nominations and they are called the Hanna and the Foraker tickets as openly as the desig nation of the Democratic and Republi can tickets in campaigns. Four years ago the contest did not end with the party caucuses, but it was carried into the legislature. It is conceded by both sides that the results of the caucuses next Saturday night will be final. i SHOW STRANDS, Willie Sells Has Trouble in the South. Sells & Gray Circus Attached by the Officers. ANIMALS GO HUNGRY. Mr. Gray Arrested For Cruelty to Animals. Unpaid Salaries and Other Ob ligations Make Trouble. The Sells & Gray circus, owned by Wm. Sells, of Topeka, and J. H. Gray, of Kentucky, has stranded in Louisiana near New Orleans. The following is from the New Or leans Picayune: Following the dissolution of the part nership between the supposed owners of the Selis-Gray circus, which reached Algiers Monday morning from Jeaner ette. La., and the failure of the pro prietors of that show to take proper care of their animals. Special Agent James A. McQuaid, of the State Society for the Prevention of Cruelty to Ani mals, appeared before Recorder Barras, of the Algiers recorder's court, anfl pre ferred an affidavit against William Sells and J. H. Gray, charging them with vio lating the city ordinance relative to cruelty to animals. Warrants were im mediately issued for their arrest, but up to a late hour last night they were not apprehended, though the police authori ties know where they are residing. Agent McQuaid said that he filed the affidavits on information received from E. D Barnum, William Saunders, who had charge of the menagerie, and Rich ard Curry, who stated that the lion, jaguar and hyena, the only iiesh eating animals in the show, had not been fed since 11 o'clock Monday, a short time after the arrival of the circus in the Fifth district. Mr. McQuaid remarked that after he had consulted with -the society's legal advisers he found that it was the duty of Messrs. Sells and Gray to feed the carnivorous animals, for they were not attached in the suit of the Donaldson Lithograph company, which was instituted in the civil district court on Tuesday against Mrs. E. G. Sells et al. Yesterday Deputy Sheriff A. E. Au burtin served the following order on the Southern Pacific and the Morgan's Louisiana and Texas Railroad and Steamship company: "Please take notice that by virtue of a writ of attachment issued in the above mentioned suit I have taken in to my possession all the property of the Sells and Gray United Shows, exclusive of the elephant, camels, lions, and other animals constituting the menagerie; but will, however, seize the vans and cages in which said animals are kept, together with all other animals, prop erty, appurtenances, cars, etc." Immediately following the filing of the suit, which is for J5,000, said to be due the plaintiff on a printing bill, a dispute arose between the circus own ers and the sheriff as to who should feed the animals and other live stock. The defendants maintained that it was the sheriff's duty to take care of the animals, while on the other hand the city official said he was only compelled to feed the live stock implicated in the suit. He said that none of the animals in the menagerie were seized, therefore the show proprietors must take care of them. Mr. McQuaid settled all doubts by telling the real owners of the menagerie that they must feed their animals, and if they did not do so pretty soon he would be forced to take them to jail. The agent left the scene where the cir cus -cars are lined out, and uoon his return he was informed by Mr. Gray that the flesh-eating animals had been well provided with fresh meat. The remainder of the live stock were fed and watered to the agent's entire satis faction, but since Mr. Gray and Mr. Sells had neglected to feed them before, the affidavits were preferred. All during yesterday forenoon the half-starved lion paced up and down his cage, yelling like a Comanche Indian. The king of beasts growled until he was heard for some distance away, and each time he passed the opening leading into his cage he pawed in a desperate effort to get out. The poor animal was frenzied for something to eat and dnnl:, and when the keeper finally did push the dripping cow's meat in the cage he rushed forward and devoured it with ferocious relish. He was almost starved and it did not take long for the lion to eat the ten pounds of meat that had been given him. The jaguar and the hyena were also fed, but they did not become maddened by the want of food. The bears, which also belong to the mammalian species, did not fare so badly, for they were fed on bread and vegetable matter some time before yesterday. It developed yesterday that the men charged in the affidavits are not the owners of the Sells-Gray United Shows, but only managers. The combination is owned by their wives, and they have been the "acting managers." Mr. Gray said that the 25 per cent paid the employes of the show Monday in Algiers instead of their full sa'ary was furnished by the Donaldson Litho graphic company, of Newport. He said this firm is now in possession of the men's claims for salary due them, and that when the showmen received the 25 per cent they were forced to sign away their claims in favor of that company. Mr. Gray said that the horses. 26 in number, that were taken from the show's bunch of live stock were not the property of the circus, but he declined to say who they belonged to. He re marked that when necessary he would show the missing horses to the court, but not before. He refused to state their whereabouts. Mr. Gray declined to say if he would attempt to buy in the show's property when it is offered for sale by the auc tioneer. A sale of the show was since ordered to take place on January 7. MRS. SELLS' STATEMENT. Mrs. William Sells who is in Topeka, said to a State Journal reporter: "There is nothing of any moment in thse stories. AH shows have more or less trouble in settling their printing bills on the final settlements at the end of the year, for the reason that there is generally a difference in the checking.the paper received does not correspond with that shipped. My husband is not in hiding. He is at the St. Charles hotel, New Orleans, and will be here New Year's day." Weather Indications. Chicago, Dec. 30. Forecast for Kan sas: Fair tonight and Tuesday; mod erate temperature; westerly winds. 1 UNDERWATER. Tracks of the Philadelphia & Reading Submerged. Schuylkill River Out of Its - Banks at Quaker City. CELLARS ARE FLOODED Work Suspended at Many Manu facturing Plants. Wissahickon Drive in Fairmont Park Out of Sight.', RAINS IN TORRENTS. Four Lives Lost by .High Water in the South. Great Damage to Property and Much Suffering. Phila.delphia, Dec. SO.-i-The rain which has fallen almost incessantly since Sat urday evening has resulted in a danger ous freshet in the Schuylkill river and today the water of that stream is 15Vi feet above 'normal. All of the big In dustrial plants along the Schuylkill at Manayunk and Norristown, near here, are flooded and work has been suspend ed. The county bridge at Port Kennedy, Pa., has been wrecked by the flood and the tracks of the Philadelphia & Read ing railway at Spring Hill, about eight miles from here, are submerged. Traf fic, however, has not yet been seriously handicapped. In this city the river is out of its banks near the Baltimore & Ohio rail road station, the water having backed out to Twenty-fourth, street, the first thoroughfare east of the station. Cel lars of dwellings are flooded and many residents along the river early today sought safer quarters. The Wissahickon drive, through Fair mont Park, which runs along the Schuylkill river for miles, is under wa ter. Two new brick dwellings in Kensing ton in the northeastern section of the city collapsed early today, having been undermined by the heavy rain. The houses were not occupied. Neai by farms at Tacony, Wissinoming, College ville, Holmesburg and Torresdale, su burbs of this city, have been seriously damaged by the storm and the cellars of the residences are flooded. Small creeks emptying into the Delaware river are out of their banks, and the flat land between Frankfort and Bri-iesburs Is under several feet of water. FALLING AT READING. Reading, Pa., Dec. 30. A 13-foot flood was raging In the Schuylkill river early this morning as a result of the heavy rainfall of the past two days. No se rious damage was done, however, and the water is receding. FLOOD IN THE SUSQUEHANNA. Harrisburg, Pa., Dec. 30. The Susque hanna river is again rising and there are indications of another flood if the rain continues to fall as heavily as it has during the last two days. At midnight the river stood at 4 feet above low water mark, and this morning it was slowly rising. Paxton and Conologuinot creeks In this locality, and the Yellow Breeches creek below Harrisburg, are bank full and rising. The indications are that similar conditions exist in the 'creeks above this city, as the heavy rainfall has been general throughout the state. MUCH DAMAGE TO MILLS. Norristown, Pa., Dec. 30, The Schuyl kill river, which had been steadily rising for the past 24 hours, is receding and the danger is believed to be over. Much damage has been done to the mills and factories along the river between here and Conshohocken. At the Woodstock woolen mills, the first floors 'are under water and 300 employes are thrown out of employment in consequence. The new bridge being constructed over the river at Port Kennedy has been washed away. Along the Perkiomen creek much dam age resulted, as the water rose 14 feet. Street car traffic between this city and Swedeland. which was suspended last night, because of the flood, will be re sumed late today as soon as the debris can be cleared away. FLOOD AT PITTSBURG. Serious Damage Is Averted by Cold Weather. Pittsburg Dec. 30. The threatened flood as a result of the heavy rainfall of Saturday and Sunday has been averted by the cold snap and the rivers at this point will not reach over a twenty foot stage. At 10 o'clock the marks registered XS and rising slowly. Dispatches from the headwaters report the waters falling at all points. During the night a big ice jam form ed in the Allegheny river between the Fort Wayne railroad bridge and the bridge at Sixteenth street and for a time threatened to sweep the new rail road bridge away. The gorge caused the rivers to overflow and at 4 o'clock this morning Pine street and River ave nue, Allegheny, were flooded. The Allegheny department of public safety at once sent out men to warn people living in the lower part of the city to vacate their homes, but a half hour later the jam suddenly broke with an awful crash. The ice was forced between Fort Wayne bridge piers by the immense volume of water and some of the false work under jthe new bridge was torn away but oilierwise the structure was not damaged. About 25 loaded coal barges, lying along the bridge on the Allegheny side were torn from their moorings and forced up on River ave nue. They were badly damaged as was considerable freight in cars along the Pittsburg and Western railroad tracks. The loss to property will amount to sev eral thousand dollars. The rivers are now rapidly being cleared of Ice and no more damage Is expected. TORRENTIAL BAINS. Four Lives Lost and Much Damage to Property in South. Atlanta. Ga., Dec. 30. The torrential rains of the past two days in Georgia, Alabama and East Tennessee and por tion of North Carolina caused the death of four persons as far as known and (Continued on Sixth Page.) TOPEKA IS CHOSEN T ' Popnlist State Convention Will . Be Held Here Feb. 21. Four Hundred Thirty-fire Del egates Provided For. MEETING IS IMPORTANT On Its Result Hangs Future of the People's Party. Official Call Issued by State Central Committee. The Populist state convention to de termine the future policy of the party will be held in Topeka. There was a disposition on the part of some of the members of the state committee to take it to Wichita, but it was finally decided that it would be better to hold it in To peka, as Topeka is more easily reached from all parts of the state. W. J. Babb. of Wichita, presented the claims of that city,- offering a free hall and the nec essary printing free. The date of the convention, as an nounced Saturday, will be Friday, Feb ruary 21. It will be made up of 43b delegates. It is recommended that county conventions for the election of delegates to this convention, be held on Saturday, February 16, the Saturday preceding the convention. In the call which has been Issued for the . meeting, it is called a conference instead of a convention, in order to dis tinguish it from the nominating conven tion which may be held later. It is said that there were three mem bers of the state committee who were opposed to the conference idea at all. They were w. J. Babb or wicmta, ti. N. Gaines of Topeka and Henry Honey of Mankato. They favored calling a state nominating convention only, to put a state ticket in the field regard less of the Democrats, thereby ignoring completely the invitation of the Demo cratic state committee to the Populists to go into the Democratic primaries and become a part of the Democratic party. There is an element in the Democratic party which desires to keep the Popu lists out. There is another element which is anxious to have the Populists accept the Invitation, even if they take complete control of the Democratic party. The Populist leaders who favor going into the Democratic party will Immed iately begin a campaign along that line, hoping to receive their reward from the state convention in case tney are suc cessful. They figure that such an ac tion would place them at the head of the Populist party, and the only way in which the Democrats can head off their taking full control of the machinery of both parties would be to call tnelr state convention prior to February 21. If the Democrats should do that the Populists doubtless would go near the Democratic criinaries wur, Ifcsre wo!a be no dan ger that they would capture the Demo cratic machinery. The representation for the Populist conference will be on the basis of one delegate for every 500 votes cast for John W. Breidentnal for governor In 1900, and one delegate-at-large for each county. This makes the apportionment by counties as follows: Allen 51 Linn 5 Anderson 5 Logan .. 1 Atchison 7; Lyon 7 Barber 3 Marion 4 Barton .... S Marshall .... 6 Bourbon 7;McPherson 5 Brown 6j Meade 1 Butler.. TIMiami 6 Chase 8 Mitchell 4 Chautauqua .. ... 4j Montgomery .. .. 7 Cherokee 12i Morris 4 Cheyenne 21 Morton 1 Clark II Nemaha 6 Clay BtNeosho 6 Cloud B Ness 2 Coffey 5! Norton 3 Comanche ... .... 1! Osage 7 Cowley SI Osborne 3 Crawford Ill Otta wa 4 Decatur 3j Pa wnee 2 Dickinson 6 Phillips 4 Doniphan 4i Pottawatomie .... 5 Douglas ., 6; Pratt , 3 Edwards 2 Rawlins 2 Elk 4Beno 7 Ellis 3 Republic 5 Ellsworth 3; Rice 4 Finney 2! Riley 4 Ford 2 i Rooks 3 Franklin 61 Rush 2 Geary 3;Russell ..... 3 Gove 21 Saline 5 Graham .... ...... 2 Scott 1 Grant 1: Sedgwick 11 Grav l! Seward 1 Greeley ... 1; Shawnee 12 Greenwood 5 Sheridan 2 Hamilton lSherman 2 Harper 4; Smith 5 H arvey 4i Stafford 3 Haskell 1 Stanton 1 Hodgeman 2 Stevens 1 Jackson 5 Sumner 7 Jefferson 5i Thomas 2 Jewell 6 Trego 2 Johnson 5Wabaunse 4 Kearny 1 Wallace 1 Kingman 3! Washington 6 Kiowa 2j Wichita 1 Labette 8! Wilson 5 J-ane li Woodson 3 Leavenworth .. .. 91 Wyandotte .. ..... 15 Lincoln 4 Total .'.435 In connection with the call an address "To the People's Party of Kansas" has been issued, signed by E. R. Ridgely, chairman of the state committee, and J. ' H. Curran, secretary. The address was prepared by H. W. Young, P. P. Elder and Grant Harrington, after a conference with Mrs. Annie L. Diggs, Saturday afternoon. It is as follows: "To the People's Party of the State of Kansas. "Your -committee realizes that ques tions have arisen involving the rights and liberties of the people composing our party, their power to make their will effective through the ordinary methods and forms of law, and that the election machinery; whose object should be to aid the people in the expression of a free choice among men and meas ures, has been perverted so as to thwart such expression. "Believing that in all times of doubt and danger, as well as when questions involving the rights and interests of the people are pending, and having in view the fundamental principle of Populism which demand that they, the entire par ty membership, shall have a voice in de ciding party policies and party expres sions, we have determined to call a del egate conference in which the whole party in the state may be represented and counsel together ac to a future course. "Harmoniously united in our devotion to the principles for which our party has stood through all its history, as well as in our attachment in the organiza tion in which we have stood shoulder to shoulder for a decade, with no thought of abandoning our warfare on economic evil nor of lowering in the slightest de gree the standards of civic righteous ness we have set up, yet we cannot ig nore the fact that conditions confront us which render new political methods indispensable to success. "Possessing' the power to harass and , oppress opposing parties, our Republi can opponents in the last legislature used it; to enact a ballot law which de prives those parties and the people who compose them of the right to nominate and vote for such candidates as com mend themselves to their judgment and to their conscience: and at the same time render the ballot a juggling puzzle to every voter who is not a party slave. By such legislative oppression and in famy they evidently proposed to insure for the Republican party a perpetual lease of power, and they have succeeded by practically disfranchising nearly one fourth of the voters who participated in the last election since the-enactment of that partisan, unjust and unfair ballot law. "To take measures and decide upon a line of policy to circumvent these plots and machinations of our Republican op ponents, we have deemed a conference representing the entire membership of our party both prudent and necessary. We must decide whether we will go Into a triangular contest, thus allowing the common enemy to divide and conquer us In detail and rendering success im possible next year or for years to come, or whether we will plan to continue co operation with those who have been our allies during the last two national con tests, in working for the overthrow of the Republican domination and the res toration and preservation of the righLs and privileges of which that party has plotted to deprive us. "Various plans have been suggested by which we can circumvent our ad versaries, and the delegate conference which we have agreed to call will un doubtedly be able to decide whether any of them are advisable, and In that way we can make our Influence most effect ive for the promotion of these prin ciples of government to which we are devoted. It is earnestly requested and desired that in each county ..the conven tions to select delegates to" the coming conference be as largely attended as possible and that the fullest and freest expression as to our future course be encouraged, to the end that the confer ence may be able to crystallize the thought and wishes of our entire mem bership." QUAY"TOJETIRE. Resignation of Pennsylvania Senator Seems Assured. Washington, Dec 30. It was stated on good authority at the capital today that Senator Quay will never return to his seat in the senate; that he is pre paring to retire from active political life in the near future. In a letter received at the capital It was positively asserted that the Penn sylvania statesman has decided to re sign from the senate. Mr. Quay has been unable to attend the sessions of the upper body except for one day since the Fifty-seventh congress con vened. He has remained in Florida and his health, instead of improving, has gradually grown worse. To return to Washington, it is said, would be but to imperil his life. Senator " Quay has stated that he would like to remain here to attend to -legislation In which he is especially interested, but that he found this impossible. His friends say that, even under the most favorable circumstances he would hardly be able to serve out his term as United States senator. Mr. Quay has at present. It Is claimed, no desire to remain in public life, and will surrender as soon as he can do so and do justice to his friends. He can not longer take an active part in legis lation, and as he has won all of his battles he is content to retire with pres ent honors. It is admitted by a senator who is close to Mr. Quay that the resig nation will be sent to Senator Frye be fore many weeks. SCHLEY WON'T GO. Will Decline Roosevelt's Invita tion For Mew Year's Day. Washington, Dec. 30. Admiral Schley has informed his friends that he could not accept the president's invitation to call at the White House New Year's day. He will spend New Year's day with his sister in Baltimore. He has not seen her for several years. Inas much as Baltimore is only forty-five miles from Washington, and It would be easy to spend ary day with her, it is plain that he intends to indicate that it would not be pleasant to pay his re spects at the White House. SURE IT IS COMING. Both Sides Expect Mayor Deci sion January 11. Albert Parker and John White Steven son Frierson Falls Neill Hughes agree. Each one has expressed himself as rea sonably certain that the supreme court will decide the mayoralty contest on Saturday, January 11. The attorneys for both Mr. Parker and Mr. Hughes are also quite confident that the case will be decided on that date. The interest in the case is intense at the city building, and several import ant items of city business are likely to be held up to await the decision. Among other matters, the license ordinance, which Is billed to be the chief amuse ment of the council next Monday night, January 6, may be postponed for an other month. Several of the council men have expressed themselves as being in favor of this plan. "I believe in doing as little as possible which would interfere with the policy of Mr. Parker, in case he should be de clared mayor," said one councilman to day, who is friendly to the Hughes ad ministration. "If the council thinks best to postpone the consideration of the license ordinance, I have no objection." Among other important matters which are likely to be held up pending the de cision are the city park sewer, the raise In pay for policemen, the raise In pay for Dr. C. E. Judd, city physician, and several pavement disputes. SCHLEY HAS QUIT. His Counsel Says the Case Is Closed on His Part. New York, Dec. 30. Capt. James Par ker, of Perth Amboy, N. J., one of Ad miral Schley's counsel, said today that Admiral Schley regards the case as closed, but that his friends will ask con gress to vindicate him by retiring him on full pay and reimbursing him for the expenses of bis trial. STOP THE WAR. Enthusiastic Meeting in Topeka In Behalf of Boers. Addresses Made by David Over myer and J. G. Waters. GEN. HUDSON PRESIDES Says Time Has Come For United States to Intervene. Audienee Was Especially De monstrative In Its Approvul, Topeka'a ' pro-Boer meeting at th.i Crawford Sunday attracted an audience which filled the lower floor and bal cony. For nearly three hours the audienca listened with eagerness to the speeches fired with patriotism. It is probably fair to say that no other audience that ever filled the theater sat through threa hours so willingly and quietly as did the audience Sunday. , It was a representative Topeka audi ence, and the house was crowded, many being compelled to stand, on the lower floor. At the meeting politicians sat be side other politicians and fargot their surroundings, lawyers beside artisans, merchants and teachers and doctors and clerks, all apparently unanimous lit their feelings of sympathy for the Dutch, fighting for their liberty In the Trans vaal. Before the close of the meeting the resolution was read urging England to accept the services of the president of the United States and the Queen of Holland as arbitrators of the questions in controversy between England anil the natives of the South African coun try. It was adopted with a storm oS ayes. Major J. K. Hudson, who preside at the meeting, before Introducing IStie speakers, David Overmyer and Capt. J. G. Waters, made a brief address by saying that from a personal standpoint he was ready for the president and con gress to say to the oppressed Boers that the sympathies of the American people were with them, and that the American, people were ready to help them to the extent of participating in the war. "I would be willing that this should be done," he said, "although the con servative and commercial interests of the country say it would not be right that this country become involved with any of the continental countries. To see the difficulties settled peacefully, of course, is much more desired. "More English lives have been lost than the number of the entire Boer army, and the war is working devasta tion In. the land of the noble Dutchmen Of the Transvaal, and I say the time has come when the United States shall sav to England, in the name of human ity and justice, that the war shall stop: that we shall say the Boers have won a right to their liberty and freedom, and that this country has the right to enforce that liberty. "I hold the same sentiments In this mat ter as I did in enlisting for the civil and the Cuban wars. . I am a firm believer in liberty; both religious and civil lib erty." DAVID OVERMYER' S SPEECH. David Overmyer in his speech out lined the causes that led to the Boer war and narrated the effects. His Rd dress was interesting. He said: Nearly 300 years ago a small party of. Holland Dutch settled in South Africa, on the southern shore of the continent There came a time when they became satisfied that they could no longer in justice to themselves endure the rule of Great Britain, under whose government they then lived. And so feeling that the rule of Great Britain was intolerable, these people made up their minds to leave the country. Their Journey was beset with the greatest difficulties. Tha wild, fierce animals of that continent, the terrible African lions, not by ona and two, but In droves and oacks lik the wolves of America, and the fiercer men of the desert beset their pathway at every step. These tremendous dif ficulties they overcame and planted! themselves in a new home, put they, were destined to have but a short re spite from the rule of those from whom they had withdrawn. Again the Brit ish authority was asserted over them. Again the old discontent broke out. We cannot discuss their merits. Very like ly there was wrong upon both sides but that matters not. You know that no people will pull up and leave everything behind them without the greatest cause. No slight differences will produce sue! a tremendous movement as that. Arraii and finally in 1836 they made a great trek to the far north. The experiences of this journey were similar to the first. And among those who made mis jour nev was the intrepid, the unconquera ble, the immortal Paul Kruger. (Ap plause). Eleven years old, with his rifle 1n his hand, he marched beside his father's rude wagon for 1,500 miles, and engaged In every battle the men foiwrht with the wild beasts and the wilder men. This was the heroic mold in which was cast that character which stands today and casts its shadow colossal over the whole world. This Is one of the reasons the war has lasted so long. If you know Paul Kruger as he is, you have the key to the situation in South Africa. I will therefore relate to you an incident of his career in addition to that which I have stated. When he was 17 years old, with a lit tle sister five years old. he was goin from a far distant place to his father's home; night overtook them five miles from home, and as they were passing along a huge panther leaped at the ox team. The beasts were frightened and ran away, throwing the little girl out of the cart and onto the ground, and instantly this wild beast leaped upo.i her. No sooner was this done than Paul Kruger, 17 years old, without a weapon except those that Nature had given him, seized the beast by the throat and iih superhuman power threw it to the ground and held it by the throat till Htf life was extinct. (Applause.) A man that can do that .at 17 year3 old cannot be conquered by any other man or set of men. (Applause.) And the people behind such a man as thut cannot be conquered by any man or set of men. (Applause.) The struggle was terrific, his clothes were torn Into shreds, his body, as you may well Imag ine, was covered with wounds: the team was gone: the brute was dead; the c hild comparatively unharmed, was picked up by Paul Kruger In his strong arms and carried to their parental home, and not until that child was safely deposited Continued on Third PageJ