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 ,
"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
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
"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.
"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 ,
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
"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
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
But if you choose
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.
"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 ,
"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-
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
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
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
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
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
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
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
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
"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
"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
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
of Imitations of
COMPANY'S ' EXTRACT
Look lor thli ex
In Blue on the
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
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-
"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
O .A. JS T O jEt. X j9k.
lh8 Klnd You
Bern tko ' > *
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
"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
"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. .
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 ,
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