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THE OMAHA DATLY BEE : WEDNESDAY , NOVEMBER 1 , 1899.
NEW BOORS AND MAGAZINES Qocdty Array of New LlUratnra That Will Meet Need * of All , CHRISTMAS BOOKS PUT IN APPEARANCE Urcnt Xnnilirr of Hoys' TlonU * of Kx- ccllent Clmrnclrr Tht > "Twn- Ilnrncil Alc-xnmlcr" CJIvcn lethe the 1'nhllc In Honk Form , The hero of Mr. Slocklon'e laical story "Tho VJzlcr of the Two-Horned Alexander , " Is nn Oriental office-holder who accidentally drank the. entire contemn oi the Fountain ot Youth , Iho re ult being that ho has remained about fitly years ot nge tor many centuries post. During these thousand * < Jf years ho hoA been brought Into mifre or less Intimate contact with many ot the world's famous characters , Including Abraham , Sameoh , Moses , Joshua , Nebuchadnezzar , Pclrarch , Napoleon , Maria Edgeworth and Charles Lamb. Ot Into years the rlzler has been a resident ot New York City , where Mr. Stock ton haa had frequent opportunities of hearIng - Ing him tell ot Ills unparalleled experiences. Mr. Reginald Birch's graceful illustrations , showing the vlzlor and hi * companions In the costumes of various lands nnd ages , add much totho , book's charm * To say that "Tho Vizier" In a very Stocktonesquo story la to characterize nnd commend It In a single word. The Century company , New York. Cloth , $1.23. "Whore Angela Fear to Tread" Is a new volume by Morgan Robertson. The author of this collection of short stories from the Century and other leading magazines , though still a young man , lias' been a sailor for many years. The leading characters In the first ot these eleven talcs are fresh-water enllorfl from the Great Lakes , who , as the result ot Inhuman treatment , mutiny nt Callao and bring their ship to New York as best they can. It Is from this story that the book takes Its title. Other talcs deal with battleships and pirate craft , with naval conditions of a past nge , and with the future possibilities of war at sea. "Between the Millstones" tolls how an American sailor rode a torncdo to the destruction of n Snanlsh gunboat ; "From the Royal Yard Down" re lates the story ot adventure that flashed through a seaman's mind In falling through four feet ot air. The contents are nothing If not varied. Mr. Robertson knows the sea thoroughly , and vigor and directness of style are , perhaps , to bo expected ot one who has been knocked Into shape by the world's rough hand. The Century company. Cloth , $1.25. "Tramping with Tramps , " by Joslah Flynt , Is a book that to the general reader will reveal an entirely new world. Prof. Wyckott did considerable tramping with "The Work ers" lnsearch , of employment , but from tlrao to time during the last ten years'Jcstah ' Flynt hao been the traveling companion , not of unemployed worklngmcn seeking to bet tor their condition , but of confirmed tramps , or "hobos , " as they call .themselves , his various outings In their company having varied In length from a few weeks to eight consecutive months. His experiences have not been confined to the United States , but have Included tramps with the English "moocher , " the Russian "gorloun" and the German "chausscegrabentapozlrer. " On these expeditions Mr. Flynt has succeeded In passing himself off ns n genuine tramp. He haa dressed as his companions dressed , begged and starved or feasted as they did , and has even been condemned to Jail with them , ns n professional vagrant. He has long since mastered the vocabulary of the "road. " and Is as proficient In Us use ae the oriaeVtrme'inner"rbr1tho'tramping guild. "His book , . consisting chiefly ot essays , stories and sketches contributed to the leading mag-- nzlnes , especially the Century , are written In a popular style , but are of substantial value as first-hand studies In sociology a fact which has lead Dr , Andrew D. White , American ambassador to Germany , to endorse - dorso thorn , most cordially In a letter that serves as n preface to the book. The first edition of "Tramping with Tramps , " It is worth noting , was exhausted by advance or ders. The Century company , New York. Cloth , $1.50. One of the greatest dramatic successes ot the tlmeo has been won hy Sir Henry Irving In the play "Robespierre , " written for him by Vlctorlcn Sardou. The fact that the play Is to bo produced In the principal cities of the United States in the autumn is sufficient reason for the publication of the novel , which has been written from the play under Sardou's dlrecllon , and with his co-operation. Independent of this fact , however. It Jus tifies Its existence , for It Is a most InterestIng - Ing story , admirably told , and the thrilling Incidents of the play are reproduced In the happiest and most dramatic manner. Dodd , Mead & Co. , New York. Cloth , fl.BO. "Dr. Berkeley's Discovery , " which forms the title of a now volume by Richard Sco ! nnd Cornelia Atwood Pratt , is a llq'ild which will "develop" certain memory cells of the human brain , as a photographer's chemicals "develop" a sensitized plate. By "develop ing" tbo memory center of a brain Dr. Berkeley can trace the moct secret- history ot the being that owned' ' the brain , can ECO the things that the being saw In sequence from Infancy to death. With this foundation the authors of ' 'Dr. Berkeley's Discovery" have told a thrlllingly dramatic story , d. P. Putnam's Sons , Now York. Paper , 50 cents. In "A Gentleman Juror" Charles L. Marsh has recognized the fact that not orly "tho proper , " but also the most alluring "eludy of mankind Is man" Including woman , of courjo. While the bits of descriptive writing - ing are exceedingly well done ihc masterly characterization put Into the rfflder'8 mind a welt furnished gallery of pictures of Inter esting ptople , drawn and colored BO true to life that they become flxed In memory as rwl people ono has known and ol whum he Is reinlnded again and ngnln ns he mecls the living types to which they belong. Rand , McNally & Co. , Chicago. Cloth , $ l.G , "Dlony lus , the Weaver's Heart's Dear- Mt , " Is a novel by Blanche Willis Howard , who la already known to the public na the author of "One Summer , " "Ouonn , " "Tho Open Door , " etc. The story ccnttr In the daughlcr of a Swnblan peasant fomfly nt scrvlco In a tierman noble household. The nuthbr displays great knowledge ot the cus toms and habits of the people whom she has Introduced Into her story , nnd she presents nn admirable pldturo of German lit ? . The plot Is Interesting and the author's style agreeable. Charles Scrlbner's Sons , New York. Cloth , $1.50. "Tho Wage Slaves of New York , " by Roy li. McCardell , is a lurid story of love , hate nnd poverty , but one not lacking In Interest. It was first published In the New York Even ing World , where it made quite a hit with the readers ot that paper. Q. W. Dllllng- hem & Co. , New York. Paper , 50 cents. The most recent addition to Cassell's Na tional Library embrace "Rellglo Medici , " by Sir Thomas Browne , and ' 'A ' Christmas Carol" and "The Chimes , " by Charles Dick- cno. A new volume Is added to this library weekly nnd It is always n work of value. Cassell & Co. , New York. Paper , 10 cents. "the Expert Cleaner" Is n llttlo book lit erally packed with ready nlds for the house wife. Hints , suggestions nnd receipt * -which arc euro to prove useful In the household are given In great profusion , carefully clas sified to facilitate ready reference. There are Instructions for cleaning every conceiv able article In and about the houso. Funk & Wagnalls company , New York. Cloth , 75 cents. "Illustrative Notes , " n guide to the study of the International Sunday school Icesons for 1906 contains 388 octavo pages , elghty- flvo pictorial Illustrations , numerous maps , charts and blackboard designs , many llluo- tratlvo anecdotes , masterly plans of teach ing , pithy applications of truth , thorough explanation of difficulties and a list ot books for further reading nnd rtferencc. Curls & Jennings , Cincinnati. Cloth , $1.25. "Ideal Suggeotlon Through Mental Photog raphy" Is by Henry Wood , and In order to accommodate thousands who have received great help from this book and who wish to give It to others , It is now Issued In paper covers. It Is Impossible to convey by any statement the profound Impressions which It has ma'do upon thousands of minds. People from all walks of life recount In the most glowing terms the uplift physical , mental and spiritual which has been realized from this formulated system. Lee & Shepard , Bcoton. Cloth , ? 1-2S. Laird & Lee's Diary and Time-saver for IflOO Is a very handsome and most convenient memorandum book for the veet pocket nnd .ho desk. It contains many features benldcs the diary and calendar part. Full morocco and full gilt , 25c. JarcnllCH. "The Wild Ruthvens , " a home story by Curtis Yorke , Is a capital tale of a lot of lovable , romping' children. The children of the story are real children , full of fun and pranks. The story la said to have achieved n great success In England , where It has reached Its 60,000. It has been likened both In matter ot style as well as interest to Miss Alcott's "Little Men" nnd "LittleWomen. . " It forma ono of a very good series of books ktiown ns1 Gift Boole Series for boys and girls. L. C. Page & Co. Cloth , * i. "Llttlo King Davie. " by Nellie Hellls. nnd J'A Llttlo Daughter of Liberty" are two dainty little volumes from the press of L. C. Page & Co. The flrst Is plainly n boy's book , whllo the second would seem to be most appropriate as a gift lo a little girl. Both volumes belong to the Cozy Corner ecrlea of juvenile stories , to which series "Llttlo Petorkln Vandlke" and "The Making of Zlmrl Bunker , " which were recently men tioned In these columns , also belong. It la a serlea of very commendable llttlo vol umes. L. C. Page & Co. , Boston. Cloth , 60 cents. The latest addition to Applcton's Home Reading Books is entitled "The Insect World , " complied by Clarence Moores Weed. As the title would indicate , It Is a readIng - Ing book on entomology and Is designed for homo reading or supplementary school work. The articles selected are such as seem especially adapted to interest nnd In struct young people In the habits and life history of insects. Care has been taken to avoid na much as possible difficult sclentlflc terms and the author has been successful In making n very readable story. It Is a book that will Interest as well as instruct. D. Appleton & Co. , New York , Clcth , 60 cents. "The Boy's Book of Inventions , " stories of tbo wonders of' ' modern science , by Ray Stannard Baker , Is one of the most praise worthy and Instructive boys' books that has come to hand In some time. The author tella for the younger generation stories of the marvels of modern science , such as the submarine boat , liquid air , telegraphIng - Ing without wres | , automobiles , flying ma chines , great kites , etc. , all the subjects being splendidly illustrated. Doiibleday & McClure Co. , New York. Cloth , f3. "Tho lively adventures of Oavln Hamil ton , eometlmo lieutenant In the service of the empress-queen , and afterwards Sir Gavin IRREPROACHABLE. Sometimes it is difficult to know what to give the children as a tit-bit , or what to take , when starting for a journey , d picnic , or a spin on the wheel. But if you choose Van Houtenfs Chocolate you know that you have a wholesome snack of splendid flavor. Tlic irreproachable composi tion , and" nutritive , highly digestible ingredients , render Van JHouten's Chocolate preferable to the cheap chocolates and con fectioneries ( which are often of very questionable composition ) , it far exceeds all products in the delicious cocoa flavor. Sold in Tins of Croquettes and Tins of Drops. Also in Square Tablets and Small Bars. Hamilton , Ayrshire , north Britain a dashing , rattling fellow of Infinite courage , anil well acquainted with some of the Krcfit- MI spirits of the ORO" eiich Is the title ot Miss Molly Klllot Scawcll'a latent Mory , a RtlrMng rcmnncc of the wars ot Frederics the QrcAt , with n hero who Is everything the tltlo would lead one to expect. U Is n book for youth , brimful of exciting d- rcntuftfl , and It presents the grent Fred erick nnd the ether prominent UK- urw In the way thnt boys like , tt Is from such books that the majority ot youthful readers get their fliat Iwe olt lilstory. Harper & Bros. , New York. Cloth , $ l.t.O. Iloiikn Itcccltcit. "Jana Eyre , " by Charlotte Dronte , the Haworth edition. Harper & Brothers , New York. Cloth , $1.75. "A Confident Tomorrow , " a novel of Now York , byBrnnder * Matthews. Harper & Biothera , New York. Cloth , $1.EO. "Millennial Dawn. " tha At-Oncment Be tween Oed nnd Man. Watch Tower Blblo nnd Tract aoalcly , Allegheny , Pa. "Literature , " from tbo "Homo Study Circle , " edited by Seymour Eaton , Chicago Hccord. Doubledny & UcCluro Co. , New York. Cloth , 1.00. "Cnttlo Ranch to College , " the True Tale of a. Boy's Adventures In the Far West , by UuBSell Dotibteday. Doublcday & McClure Co. , Now York. Cloth , Jl.EO. "Principles of Public SpeaklnE , " by Guy Carleton Lee. 0. P. Putnam's Sons , New York. Cloth , $1.75. "Stories from Frolesart , " by Henry New- bolt. The Macmlllan Co. , New York. Cloth , n.co. "Tlio Halfback ; a Slory of School , Foot Ball and Golf , " by Ralph Henry Barbour. D. Appleton & Co. , New York. Cloth , $1-50. $ "Betty Lelceeter's Christmas , " by Sarah Orno Jowcti. Houghton , Mlfllln & Co. , Bea ton. Cloth , n. "Tho Political Economy of Natural Law , " by Henry Wood. Leo & Shcpard , Boston. Paper , GO cents. "About the Weather , " by Mark W. Har rington , Applcton'B Homo Reading books , D. Appleton & Co. , New York. "Mr. Jack Hamlln's Mediation" nnd other storlee , by Bret Harte. Houghton , Mlfflln & Co. , Boston. Cloth , J1.26. "Young April" by Egerton Castle. The iMacmlllan Co. Cloth. J1.50. "A Voyage nt Anchor" by W. Clark Rus- eell. D. Appleton & Co. , New York. Cloth , $1 , "The Loc of n Sea-Waif : Dolntr Hnenllne- tlona of the First Four Years of My Sen Life , " by Frank T. Bullen. D. Appleton & Co. , New York. Cloth , ? 1.BO. "The Story of the Fishes" by Jamen New- Ion BasketU D. Appleton & Co. , New York. Cloth , 65 cents. "A Christmas Carol and the Chimes , " by Chark-s Dickens. Caesell & Co. , New York. Paper , 10 cents. "The Wage Slaves of Now York , " by Roy L. McCardcll. 0. W. Dllllngham Co. , New York. Paper , CO cents. HAWAIIANS ARE WORKED UP Do Not Like the Iilen of Trnnnferrlntf to the Wnr Dc- imrtiucnt. PORT TOWNSEND , Wash. , Oct. 31. According to advices brought from Honolulu by the steamship Ellhii Thompson , resi dents of the Hawaiian Islands are In a great state of excitement over the receipt of a letter from Assistant Secretary of the Treasury Frank Vanderllo , stating that the customs department of the Hawaiian Islands was under the control of the War depart ment. The letter was In reply to an appli cation'for position In the customs service by a resident of Honolulu , It is asserted that this Is the flrst indi cation the authorities ofi the Islands have received that the customs department has been transferred to the military , and when shown tbo letter Harold M , Sewell , special agonl"of th'e United States "government , and the other government representatives , ex pressed a belief that the secretary had gotten the Hawaiian Islands contused with Porto 'Rico , Cuba and other conquered ter ritory. . Major Mills , In command of two battal ions of the Sixth artillery stationed nt Honolulu lulu , disclaims any knowledge of the new regime. In relation to the above * a rumor Is In circulation In Honolulu that the pres ent officers ot the local government were to be removed by President McKlnley and new appointments made immediately , but both President Dole and Special Agent Sew ell deny having any knowledge ot a con templated change. Jame-s Anderson King , minister of the In terior ot tha Hawaiian Islands , died of apoplexy on October 1C. MOB DOES ITS WORK QUICKLY Netrro Aocnncil of Murder Tnkeu Out null llaniccil Deiilen IleliiK the tiallty Party. KANSAS CITY , Oct. 31. A Star special from Weir City , Kan. , says : Weir City was the scene last night of a double tragedy. Gus McArdle , a bartender In Berry Jane's joint was shot and killed at 10:30 : o'clock , and In less than two hours his supposed murderer , George Wells , a negro miner from Scammon , was swinging to a telephone pole , the victim of a mob. Earlier In tbo evening McArdle and the negro had some words in the saloon , after which the negro left. Soon a shot was fired from across the street , the bullet strik ing McArdlo squarely in the forehead. He died in halt an hour. A few minutes later Wells came up In the crowd that collected and Inquired the cause of the commotion. A spectator to the previous quarrel pointed Wells out to an officer , who arrested him on suspicion and lodged him In jail. Another spectator shortly afterward identi fied him as Iho negro who had quarreled with MoArdle , and the report quickly spread tbat bo was identified as the man who did the killing. A howling , determined mob formed quickly nnd marched to the Jail. Securing Wells -without much trouble , they dragged the frightened negro from the buildIng - Ing and strung him up to tbo nearest tele phone pole. Before the rope -was placed about bis neck Wells admitted ho was the man who quarreled with McArdlebut de nied that ho bad done the shooting. Sclentlnti I ) | CIINH Velloiv Fever. MINNEAPOLIS , Minn. , Oct. 31. Tha American Public Health association began Its eleventh annual estlon today. The as- aoclatlon Immediately took up the subject , "Yellow Fever. " Dr. H. B. HorlbrooU. health officer of Charleston. S. O , , reported on the pirn for nn expert Investigation now before conereaa. Four InveatlKators are asked , all expert bacteriologists , onp eacn from the army , navy , marine hospital serv ice nnd from civil life , He proposed the. establishment of a bacteriological labora tory in somu city In the yellow fever dis trict , Suit * AK"li > * t Klfty Corporation * . CHICAGO , Oct. 31. Civil suits for the collection - lection of penalties aggregating $103500 $ for violation of the anti-trust and pooling law were begun here today under the direction of tlie attorney eenerul against fifty cor porations doing , business In Chicago nnd Cook county. The pennltle * are at the rate of * 50 a day for failure to flle affidavits that the corporations are not in any agreement or combination for the control of output prices or the.restriction of trade. Among the corporations which It In alleged have failed to comply with the law are th West Chicago Street railway and the Metropoll- tun Klevuteil Hallway company , Kurin Hand Kill * Tire Wonit-n. PITTSFIELD. Mans. . Oct. 31. A stage driver who arrived hero today from Han cock , a jtmnll place near the western border of the ntatf/ brought newB ofa double murder whloh occurred half a jnllb from that village yesterday. Mrs. Rhoda llorton and her daughter , Kllza Janrllorton , were the victims and the alleged murderer Is Gt-orge Herman , farm hund. The trattcdv occurred at the llorton farm hoime , lloth women were , shot and Herman attempted to end Jiln own life In the name way. He IB 10 < t > adly wounded that his recovery li doubtful. SETTLED BY THE COURTS Judge Powell Decides that Names of R'jpuV ' Appear First on Ballot. SECRETARY PORTER'S ' SCHM : DON'T ' WORK Ueninorntlc niut Free Silver t'nrtlen .luillolnllr Pound to lie Stilt lit Hxlntenee llrcniiiic Tliry Clint Some VutCN for I'uyntur. In the preparation ot the ballots for the coming election County Clerk Havcrly will gtvo precedence to the names of the repub lican candidates , under the provision ot the law declaring that the party polling the hlgh- t-et number ot votes at the last general elec tion for the head ot the ticket shall have the name ot Ita nomlnco immediately beneath the name ot the ofllco for which such candi date was nominated. Judge Powell has re fused to grant the application of John O. Yeleer and Elmer E. Thomas , as represen tatives ot the populist party , tor a writ re quiring the county clerk to put the namen of populist candidates first upon the ballot. The hearing on this application was before " Judge Powell yesterday. C. Jt Greene nnii John li. Webster appeared for the respondent , ccunty clerk , nnd the tclatore conducted their own case. The. contest was as to the meaning of the law and all ot the facts were stipulated. The stipulations were to the effect that M. B. Reese Is nominee of the republican party , and that Silas A. Holcomb was nomi nated first by the populists , and afterwards by the other fusion parties ; that In 1898 Hay- ward"republican nominee , received 92,982 votes , and Poyntcr , flrst nominated by the populiets and afterwards by the aesumed sil ver republican and the democratic parties , ro- colvcd 95,703 votes ; that the democratic and silver republican parties assume to be sep arate and. Independent political organiza tions , and the conventions at which they placed In nomination their candidates In 1898 and 1899 were delegate conventions , called by the chairmen of their respective committees ; that each party has its sep arate and distinct party organization and na tional committee , with a national commlt- tceman for" each In this state. The stipula tions also show that the democratic party In Nebraska had no Independent candi date for governor In 1898 , but nominated the candidate of the populist party ; that In 1S96 the national democratic convention nominated Bryan for president and Sewnll for vice president , and the populist national convention nominated Bryan for president and Wataon for vice president ; that the populist party made Its first state campaign in Nebraska In 1890 with a state ticket headed by Powers , against Boyd as the dem ocratic and Richards as the republican can didate ; that the democrats cast over 71,000 votes , the people's party over 70,000 and the re-publican party over 6S.OCO. Dnllnt In Evidence. It was .also stipulated In 1893 that Hol comb , an populist nominee forcupremo judge , received a fraction over 65,000 vctes ; Fronk Irvine , as democratic nominee , over 37,000 , and Harrison , as republican , over 70,000. In 1894 Holcomb was nominated for governor by the populists and subsequently by the democrats. A copy of the sample of the blanket ballot of last year was attached to the stipulations with an agreement that the voters ot the respective parties to the fusion voted for Poynter under the emblems of their respec tive' Dartv organizations , end that the total votes of Poynter , 95,703 , , were given to blm by the voters ot the three , political organiza tions cast in that manner ; thai the official canvass of the vote for governor doss not show how many votes'We're cast for blm In the democratic columh"aor 'how ' many In the silver republican Colomn , nor how many In the populist column ; that Is , they were not separated , by the canvassers to show the votes received by hlcn from the re spective parties whose nominee he was. It Is agreed that when Poynter was nom inated by the three conventions each con vention certified his nomination to the sec retary of state , EO that he became the nom inee of all of the three parties ; that Hol comb is the nominee of the three political organizations named and bis nomination has been certified to the secretary cf state by each party organization and convention nnd that he Is therefore the candidate of the three parties. It Is further agreed that there Is no political organization In the s.ate known as the fuslcn party , but that the term fusion Is applied to thoee organizations which , by concert ot action , have placed In nomination the amo candidates for oftlce ; that the silver republican party as a separata organization has never had its vote upon any nominee for any office separately counted and canvassed , and therb IB no record In the state.ot Nebraska cf the number cf votes cast or polled by that p&rfy , It having nom inated candidates whoso names were upon other tickets. It Is agreed that In state elections since 1895 the nominees of. the three fusion parties have been the same and that no neparato canvass of their respective votes ha besn had. It Is agreed that the secretary of state certified to the county clerk the arrangement of the ballot as to nominees for state offices by placing the populist candidates flrst upon the ticket , and that respondent haa reversed the arrangement. Ccplcs of the platforms of the parties and an abstract of the vote were attached to the stipulations. Dcnylnit ItM Party A ocliite . The argument was opened by Mr. Yelser , who conteuded that the wording of the law meant that the party should have precedence on 'the ticket whoso candidate on the head of the ticket the preceding year had received the highest number of votes , by * the members of whatever party they may have been cast , The candidate at the bead of the republican ticket , ho urged , received the votes of many gold democrats and many Independent voters , nnd If It Is Intended that there must bean an Inquiry to ascertain by the members of what party the votea for Poynter were cast- that Inquiry must also extend to nn ascer tainment as to how many members of other political parties voted for his republican opponent. It la Immaterial how the pee ple's party got the votes or whence they catao so long as Its candidate polled the most votes. It makee no difference , ho argued , whether It proselyted them one by one from the republican party or converted at once the entire democratic and free sil ver republican parties to an endorsement of Its candidate ! , There Is no way of tell ing how many of the votes were cast by members of the democratic and silver repub lican parties , and one ot two things must be the case. Klther the democratic party polled the same number ot votes for Its candidate as did the populists or else the democratic party surrendered Its organiza tion to the populists. The attorney would not admit that the democratic party Is a political roganlzatlon entitled under the law to a place on the olllclal ballot by reason at having cast 1 per cent of the total vote at the last general election. As to the free silver republican party , It Ii agreed tbat It never bad an Independent candidate , had therefore never cast 1 per cent of tbo total vote and that 1 per cent could not bo subtracted from the Poyntcr vote on Its account , There was no dispute between the demo cratic party and tbo populist party , It was between the populist party and the repub lican party .and the latter could not take Poynter from the populists and give him to the democrats when , In fact , It li ques tionable whether or not there li a demo cratic party In Nebraska entitled' ' to a place on the ticket. It wai contended tbat It U the duty and province of the secretary of Etnto to certify the form of the ballot mid the duty of the county clerk to follow It unless an appeal shall have been taken from the secretary's decision and the eamo I reversed by the supreme court. The cer tificate ot the secretary was otherwise bind ing ns to form to conserve uniformity throughout the state , Charles J. Greene for respondent pointed out the provision In section 127 of the elec tion Inwfl , In which provision Is mndc for the holding of conventions nnd securing of place on the official ballot by parties that cast 1 per cent ot the total vote at the last preceding election. Ho directed attention to the blanket ballot used In 1S98 , wherein the parties were given separate columns , each having Its own heading and party em blem. Each of the parties represented on that ballot , ho said , filed a certificate ot nomination , which was received by the secretary - rotary of state , and its candidates put upon the ticket , Indicating that each had cast 1 per cent ot the total vote at the 1898 elec tion. The presumption Is that these cer tificates were presented by parties that had cast the required 1 per cent of the total vole. The vote for Poyntcr was 95,703 ; Hayward 02,987 , , n total of 188.690. If 2 per cent of this total 3,773 votes were de ducted from Poynter's vets , It would leave but 91,930 votes that could possibly have been polled by Iho populist party. This was less than the vote polled by the repub lican party for the head of Its ticket. "It Is ridiculous to allow the free ellvcr republicans to come Into court nnd claim that party polled 95,703 votes for the head of Its ticket , and yet , If the contention of the relaters Is true , that party would do it. In 1890 ; when there was no fusion , the democratic party polled a fraction over 71,000 , the popullsta n fraction over 70,000 and the republicans a fraction over 68,000. In 1893 the democratic candidate for supreme premo judge received 37,000 votes , so that when fusion was Inaugurated In 1894 It must hnve Included 35,000 or 40,000 demo cratic votes , "Further , It IB contended that It Is the duty of the county clerk to prepare tbo ballot - lot and have It printed according to the statute. " An to the Mennlnir oC "Polled. " John L. Webster declared that "polled" In this instance decs not mean the same as received , "for If it did , " he said , "tho free silver republican party could claim that It , too , had polled 95,703 , which would be manifestly untrue , although Us candidate at the head of its ticket received that many votes. The sample ballot shows conclu sively that the voles for Poynter were polled by three distinct nnd separate parties , nnd In order for the court to allow' writ of mandamus H must bo clearly and positively shown that some one of those three parties cast or polled more votes than the republican party. Under the law the arrangement of the namco on the ballot is solely within the discretion of the county clerk , and so long as he exercises that discretion the court cannot Interfere. Before the court can Interfere II must be shown clearly nnd conclusively that the officer Is bound by law to do a cer tain thing In n certain way , and In this case It must be clear to the court , before the writ can iMue. that the political party represented by relaters , whatever It may be , polled more votes than the republican party. " Mr. Thomas , for relaters , contended that counsel for the county clerk had stipulated themselves out of court by agreeing that for two years the democratic party has had no Independent candidate , but has nominated candidates of the people's party , and that the silver republican iarty never had a vote of Its own. At the conclusion of the argument Judge Powell expressed regret that a case of such Importance must bo decided upon such short notice , with so llttlo consideration and without precedents from the supreme court. It had'been stipulated that the sev eral conventions certified their nominations to the secretary of state , and that Poyntcr was the candidate of the three parties. "In the absence of any showing to the contrary , " ho said , "it must be presumed tbat a public officer performs his duty , and In the absence of a showing to the contrary , that the three parties each cast at least 1 per cent of the total vote. Tbb duty of preparing the bal lots for this county lies with 'the county clerk , In compliance with the law , and re gardless of any action ot the secretary of state. "As to the passage of the law. It Is proper to consider the purpose of the legislature. In a case tried recently I had occasion to examine the new law and the one of which It was amendatory quite fully , and found that about the only Important change waste to prevent the placing ot a candidate's name more than once upon the ballot. It might with some degree of truthfulness have been labeled a law to prevent fusion , and Its evi dent purpose was to make fusion more diffi cult. "Under my view of the law nnd the stip ulated facts I can only find that the free silver republican and democratic parties each cast at least 1 per cent of the total vote In the 1898 election , which , subtracted from the vote given Mr. Poynter , loft but 91,000 and some odd , or less than was polled by the republican party. " The relaters nt once took the necessary preliminary steps to carry the case to the supreme court , which , ot course , will have no effect upon the approaching election. GLIMPSKS OK A DEAD CITY. Havoc Wroimlit by tlic Wnr In tlic MetroiiollnNof TrniiHvnnl. A correspondent of the Chicago Times- Herald , writing from Johannesburg , Sep tember 23 , thus sketches the desolation wrought by war : "night or ten months ago Johannesburg was a thlvlng , prosperous city , in which every man had a chance to make his way. Today It Is a stricken , blighted collection of empty homra and silent streets. Thlrty- flvo thousand of Its 80,000 white Inhabitants have fled from It , and the number of desert ers grows by hundreds each day. The dally trains to the Cape and the bl-dally trains to Durban run double to accommodate the flying multitude , which crowds even the double trains to their uttermost extent ladles with first-class tickets not Infrequenly being obliged to ride In the KiUTlr cars while one woman I beard of , the wife of a prominent mine manager , started ou her sixty hours' Journey to the Cape with a BUndlng place on a car platform as her only accommodation , "In this frantic exodus from the unfor- .tunate city there Is one curious and note worthy feature , a fact much commented on In the American colony namely , that where | as today thera is not a prominent English man to bo found In Johannesburg , at the same time not an 'American of note has deserted his post , It Is not tbat the Amer leans run no risk In staying ; it Is not tha some of them are not moro or less Implicate ! with the agitation nor Identified with tbo agitators , for they run the same risks as BEWARE of Imitations of LIEBIG COMPANY'S ' EXTRACT Look lor thli ex act ilgnature In Blue on the wrapper I The laundress is sure of satisfactory results in her work if she uses Ivory Soap. Linens are ofjmmaculate whiteness ; no dirt or streaks anywhere. There's no room for criticism in the work when brought home. Ivory Soap is cheaper than common soaps in the end. A WORD OF WARNING. There are m ny white so ps , each represented to be "just as peed ti the 'lvor > ' ' ; " they ARE NOT , but like til counterfeits , lack the peculiar anil remarkable qualities of Un genuine. Ask for "Ivory" Soap * nj Insist upon getting It. conrmoKt win IT THI ritocui k QU UI c . CINCINNATI and runaway Britishers , and a few of them are not a. llttlo identified with theanti - Boers , their business Interests or their per sonal sympathies having led them to cast In their lots with the English malcontents. But , whereas the latter have not stayed to reap the whirlwind they have been so Industriously sowing for many months , the former are going about their dally business , having sent away their families , closed their comfortable homes , made their preparations for Siege and battle and resigned themselves without a murmur to a situation both cheer- leas and dangerous. The American colony of refugees at Durban and the Capo Is en tirely of the fomlnlnn persuasion. The Eng- sh one Is largely masculine. It Is not kcly that had thrso prominent English men stayed In the Transvaal the Boer gov- rnment would Imvo molested them serl- usly. Had It done so it , would certainly lave proplpltated the conflict for which they lave been so loudly clamoring. At nny ate , the risk was worth taking for a rlght- oui cause , If such they felt theirs to be. nstead of this , they are in the position f men who , finding themselves In a ship ot managed nor piloted to their liking , ry out : 'This Is a. rotten old boat , with bad crow , ' and forthwith scuttle the ves- cl and run away , leaving a host of other asaengera to escape as best , they can ere ; o down .with the unfortunate craft. "One thing Is certain , the Boer govern ment Is glad to have them out of the coun ry without having b en obliged to lay hands on them. It has saved them an trnbar- a cng ! problem. The cause for which these rawi have been working equal rights and > ure government Is an admirable one , and lagtho eyrnpatliy of the various foreign ele ments In the Transvaal , but their manner of. working and their tendency to adopt as heir motto He who rights and runs ivway May live to fight another day ins alienated much sympathy from them. To not one Inimical act of the Boer govern ment can they point as an cxcueo for their conduct or a Justification of their fears and precautions. They have been let severely alone and allowed to publish seditious pa pers and make Inflammatory speeches with out a remonstrance from the government which they have been 03 diligently attack- Ing. Ing."And "And today the dust whirls thrcugh the desolate , streets of Johannesburg and set- tics 'silently In the empty homes , the shops , largo and little , are clce'.ng their doors , and the heart Is going out ot a-once thriving community. The men who brougbt this about have fled from the ruin they have wrought , not ono having the pluck to face the music. But , thank God ! none of the runaways are American ! " Bo a tn Signature of Belrs th. Slgnatnie O .A. JS T O jEt. X j9k. lh8 Klnd You Bern tko ' > * of WIIISN A 1,113 WOULD HAVE SEUVED One Iimtniivi * In AVhtPli Trittli-Tcllluw ( Jot ! . Man Into TruitMr. After the joutig man had patted his cyo with cold water for half an hour and then fitted ca. beefsteak cushion over It , relates th Detroit Free Press , ho went Into the front part of the house to find his father. "Been fighting ? " asked the old gentleman sternly when he recognized his son. "No flgbt about It. I got n poke In the eye that was good for n four-bagger If I had been a baseball. That's all thure was to It. " "Must have been some place you shouldn't have been. " "Not at all , " and he winced as ho adjusted the steak. "I went to the hotel to look for that friend of yours , just as you directed. " "He didn't strike you ? " ; "No , ibut It all came from that infernal code of etiquette you've been preaching to me. You Insist that one should always tell the truth and that any Idea of politeness Inconsistent with that is a sham and a mock ery. " "That's right. Always told you so. " "I know you did. One of the strangeri there waa telling nn experience that sounded a little flshy. While they were all chaffing him ho turned to me nnd nskeil mo If I thought he looked like a man who couldn't tell the truth. I promptly said he did. Then ho wanted to know If I meant he had been lying. I remembered your training and said that I 'did. When I began to take notlco again I had this , " and ho tenderly felt the steak. "Served you right. Served you rlghj ; , I say. Nobody but a booby has to call a man a liar In order to toe 7101110. " A Ilntlcr'n Function. Detroit Journal : Mrs. Mllllngham was uncommonly severe today. "No , Mr. Mllllngham , " she was saying , "wo simply can't afford such airs as you put on ! We are not rich enough to pay our butler $10,000 a year , and we can't hire ono for less who will look moro Im portant than you have lately got into the way of looking ! " Mr. Mllllngham affected to laugh , but se cretly he was much disturbed. Zinc Douch Pans Outlet at end fitted with screw , plug audconnection for attaching rubber tube price $2 each. THE ALOE & PENfOLD CO. , I.uriteit Hetull Orae lloume. 1408 Farnain. OMAHA. OPPOSITE PAXTON HOTEL New $3,50 Fall Shoes- A special with us for men1 wear Box cnlf , Viol kid nnd winter tano the best you over BUW for the price They're Biicli shoes thnt wo nro not nfrnld to put our reputation bnck of them Then we've added another line at ? 3.00 Did It after long and careful consideration patent leathers Now , of course , you don't ex- poet us to guarantee these any more than we do the higher priced OUCH , hut we will nay thlH , that they have the same style nud are genuine French I'tttent Calf , Drexel Shoe Co. . Up-to-date Shoe IftlO FAKNAAI STREET. The Silver Mounted Kimball Ifi only ono of u hundred Kimball planon thnt can be Keen at , our manic and art rooms \Ve are prepared to make tlm easiest kind of tt'rmn and 'lowest prices We buy and sell KO many Klmlwlls ( hut wo can nave our friends money AH the late woods and designs now on display Including San Domingo inn- liognuy wnlnut curly birch , etcVo guarantee every Kimball piano we sell So does the factory , A. HOSPE , Music and Art , 1513 Douglas ,