Omaha daily bee., 1896-11-29
FORM OF THE CERTIFICATE
Canvassing Board Decides on How to
Announce the Returns.
MDULGES IN CONSIDERABLE DISCUSSION
Status Of thc constitutional Amend
Nrnts the subject of n Lively De-
bate Hctwccn Governor and
Attorney General

LlNCoLN, Nov. 2S.-tspecial)-The state
CanyaSsuE board at a meeting held last
evening agreed upon certificate which
although yet unsigned or yet officially be-
fore the public, will announce merely the
fun vote as cast for and against the amend
mcuts TO the constitution, but 1t will not
declare these either carried or lost. There
Was an extended controversy between At
tcrncy General Churchill and Governor Hol-
comb. the latter chairman Of the canvassing
board. relative to the form and substance
of the report 10 be submitted on the returns.
The former held that the board should be
guided in it's decision as to the question OF
adoption or rejection OF the amendments
BY the wording Of the constitution declaring
that the constitution should be interpreted
10 mean that an amendment Is carried only
when a majority of the voters at an election
cast their votes in favor Of such amendment.
The governor took issue upon this point,
saving that the board was assuming judi
ciary powers when IL attempted TO do more
than certify the number of votes cast Tor
and against the adoption OF the amendments.
1t now appears certain that either the leg
islature or the courts viii be called upon TO
make the final Interpretation OF that por-
tion o! the constitution which relates to
the cangassing of returns on amendments.
No certificates OF election have been Issued
to Neville or Kirkpatrick, the candidates re-
CCiying the highest number OF votes Tor
Judges II the supreme court The board did
not even go so far as to declare these
elected in case the amendment governing the
number Of supreme court judges is carried
Secretary of State Piper said late this after
noon that certain members of the board
were out of town, and that the certificates
would not be signed before Monday.
n,
BY her friend and sister Lucretia Flow
ers and through her attorney, II, F. Rose,
Jane Flowers this afternoon began suit
In the district court against her guardian,
T.. w. Scott for $4,000 damages one half
the amount for false imprisonment and the
other fer his having preferred false charges
against her. This case is the outcome OF
the recent attempt of Guardian Scott TO
have the girl sent to the reform school for
girls at Geneva. The petition recites that the
mother OF plaintiff died In 1890 and the
father in 1891. on April 6, 1893, Scott was
appointed guardian Cf the girl who is now
about IA or Is years of age The petition
further rectes that on the 4th OF September,
1896 Scott falsely and maliciously and with
out any probable cause filed complaint in
county court against her charging her with
being and having become iuCorrigible, and
by reason CT lack OF proper parental care
was growing up in idleness and vice. She
was arrested and upon a hearing was sent
to Geneva At this hearing, she says, her
guardian acted as the prosecutor and also
assumed to act, by reason of his relation to
her as guardian in her behalf. After she had
been in the Geneva school twenty-one days
her sister who resides in the city and had
had no knowledge OF these proceedings.
discovered where she was and succeeded
in having her brought back for a hearing
before the judge. when she, having counsel,
was acquitted and discharged. II is alleged
by plaintiff that these acts of Scott were
maliciously inspired and intended to unaw-
fully deprive her of her liberty and that
by the misconduct of her guardian and his
disregard OF duty and betrayal of trust
she was unlawfully confined in the county
Jail for one day and in the Geneva school
for twenty-one days In the latter place she
says she was subjected to unwholesome as
Eociations and was under the disciplinary
restraints of the same to her great shame
and humiliation. II is further alleged that
by her guardians acts she was brought into
great public scandal and disgrace and her
credit and reputation greatly injured, the
damages being placed at $4,000, for which
judgment is asked This appeared TO be Mr.
SCotts busy day as another Flowers girl
Lizzie, of whom Scott is also guardian, Sc
cured an order from the county Judge citing
Scott to appear December l and show cause
why he should not make final report Of
his dongs guardian and pay over to her
the money that may be due. The girl says
made no report Of his doings, and has IN ney
belonging to her.
LINCOLN PIE" ASPIRANTS.
Judging from the clamor now going up
in this city for the federal appointments
Major Mckinley is likely to have some
trouble in pacifying all applicants for pie.
Senator ThurstOn says frankly that there
isn't another community in the state that
either wants or asks much as Lincoln.
Among the ayowed candidates for the ap-
pointment of collector of internal revenue
are j. f. Houtz and Thomas p. Ksnnard.
II was public opinion that Colonel Kennard
was casting an anchor TO windward when
he emerged from ssmi-polltica retirement
ana put the Hon. Charles H. Gere to sleep
in the first round OF the contest for dele
gate to st. Louis. and public opinion seems
to have been vindlcated, Mr.. Houtz likewise
had his weather eye open when he had him
self named for elector According to the
latest political gossip Lincoln comes for
ward with three pronounced candidates for
United States district attorney, while q
promising dark horse Is being gToomed for
the race The avOwed aSpirants are j. l.,
Caldwell, c. A. Atkinson and r. ID. Stearns.
Caldwell was born and reared in Major
McKinley's district and has a personal ac-
quaintance with the president elect of more
than twenty years, having made speeches in
McKinley's district a number OF times since
coming to Nebraska Atkinson has like
Kinley for twenty years. Stearns will have
the backing OF Congressman Strobe. But
the dark horse may enter the race and
distant all competitors. His name is Frank
lin w Collins. Collins untirng efforts for
Mckinley are well known in Canton. All
four of these candidates are Original"
Mckinley men, For United States marshal
the candidates are Ed Sizer John H. Me
Clay and Grant Ensign, The candidates for
surveyor of the port at Lincoln, which is
~ Il. I..Il
White and John l.. Doty, while Capt W
b. Taylor wants to be register OF the land
office. AS to the plum TO be demanded by
Hon. Bud Lindsey. rumor says that II a
cabinet position is denied him, Buh will try
for the marshalship.
SETTLING THE HOLMES ESTATE.
Judge Holmes this morning heard testi-
mony and argument in the injunction suit
brought by Receiver Hayden to restrain
further proceedings Of Administrator Gilli-
Ian in the Holmes estate. MIR. Gillian was
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