Newspaper Page Text
Kans. Historical Society
YOL. XDI, NO. 5.
AVIGHITA, KANSAS, SATURDAY MORNING MAY 24, 1890.
TTHOLE NO. 1872L
THE WISHES OF RESUBMISSION
ISTS COUNT FOR CAUGHT.
Governor Humphrey Does Xot Ap
pear Before the Business
Men of the State.
The Intended Memorial Hot Presented by
the Kansas Republican Resub
A State Organization Effected and Many
Speeches Made The Nullification
Spirit Evinced in Some Quarters
Denounced as Dangerous
The Memorial as Prepared
Special dispatch to the Dally Eazle.
Topeka, Kan., -May 23. The state Re
publican Resubmission convention met in
representative hall at 2 o'clock this after
noon with three or four hundred in at
tendance. Hon. A. L. Allen, president of the Re
submission club of Kansas, addressed the
convention as follows:
1 MR. ALLES'S ADDUESS.
Gentlemen or the convention :
The Republican rcsubmissionists of the
state of Kansas, believing that constitu
tional prohibition is working a serious
detriment to the business interests of the
state and excluding from our borders
many people who otherwise would become
the most useful citizens, determined some
time ago to call together the representa
tives c? the business men of the state in
conference in this city. AVe believed that
if the proper presentation was made of the
claims and demands of the people for an
extra session of the legislature, that the
prohibitory amendment might be again
submitted to the people, that our gover
nor would not turn a deaf ear to our re
quest. .Accordingly, his excellency ap
pointed this date to meet the representa
tives of the business men, and hear their
reasons for an extra session of the legisla
ture. In response to the invitation of the re
submission clubs of the state, the repre
sentatives of the business men of the state
have met here today to join in the request
for the calling of the legislature, that, the
people may determine whether they desire
longer to continue our present system of
prohibitory laws. That so large a repre
sentation of the best business men" of the
state should respond to this call, is an aus
picious omen that the people of Kansas
through nine years of experiment, have
crown weary of prohibition and the devas
tating effects it has had on the business
interests of the state.
To the careful observer, it is manifest
that the people desire a change in our- ex
isting laws. There are many indications
to satisfy the thinking man that the mass
es of the people are nolonger.saiisiiediwith
prohibition and its effects upon the moral
and material interests of the state, and it
is only those who do not desire to hear the
wanting sound of discontent, who are ob
livious to the wishes of the people.
In asking for an extra session of the leg
islature, we are only making a reasonable
request the right to again put the ballot
in the hands of the people. "We must
either have au extra session at this time,
or endure the Chinese wall of
prohibition for three long years, excluding
the hardy immigrant, shuting out capital
and debarring the citizens from other
states from locating in our midst. We
must have an extra session now, or three
more years of depression, business disaster
and political and social strife.
We have a perfect right to make this re
quest. The fact that prohibition has re
tarded and checked the growth and injur
ed the business of every state in the union
that ever adopted and tried it for any con
siderable time is alone reason enough for
The fact that we have seen the stream of
immigration part at our borders, the one
branch going to the north nud the other to
the south, with fewer inducements in
either place than is offered by the rich soil
and genial climate ofKansas. is alone rea
son enough for our protest. The fact that
more than fifty thousand of our citizens
left the state of their adoption between
the 1st of April. 1SSS, and the 1st of April,
38S9, alone would warrant our demands.
We need tho hardy, honest and indus
trious Germans to develop our resources,
but out of the one hundred thousand who
landed on our shores in tho year 1SU0, but
few came to Kansas. JJecause of prohi
bition and the stringent legislation that i
crowd our state books they shun our bor
ders and sek other homes. '
For these reasons and many others I j
might mention, we think the request that
the people are making is reasonable and j
just, and should not be denied. The right j
io petition is so sacred to free Americans ,
that any opposition to it chills tho heart of i
every lover of the stars and stripes. Not '
since that right was wrested from the
hands of tyrants nearly 700 years ago has
it ever been successfully denied to Euglish
We meet to petition the right to place
Kansas on an equal footing with the entire
union. Nothing more and nothing less.
If we are criminal for thus asking a
sacred right vouchsafed to up by our
natuiml and state constitutions, if we are
branch d as felons lor making this re
quest that the people may "be heard
at the ballot 1k., let us bear the abuse for
tho time beintr. tor the people will vindi
cate their rights, sooikt or later. No
authority is so high that it can afford to,
denj the people a hearing. No party has i
the right to orn the request and those j
who do will be doomed to eternal obli- j
In the interests of true temperance, we
meet today and not in the interest of an
Ism which has spread evil at every step of
the-wav and caused bankruptcy to stand
nt the door. Shall we be heard that we
may test the will of the majority,
br is the sacred right of the
ballot to be denied? Shall we
remain quiet and concede that the laws of
nine vears ago are irrevocable, notwith- j
Handing the will of the people? !
Shall a new state maintain laws which the j
majority concede are hindrances to devel-1
tipmenr. or shall we put Kausas on On '
tqual footing with the rest of the world
and every state in the union?
No other state has denied the right we
tre asking. Pennsylvania granted it. I
Massachusetts granted it. Ohio granted I
It, Texas granted it, and so has j
every state that ever submitted
the nronosition. and in the great (
states of Ohio and Pennsylvania no
one claimed that a majority was askiug
for the right. It was enough for the peo
ple of those states to know that a respecti
uble minority was askiug for the right to
cast their ballots upon a constitutional
question. If the prohibitionists were hon
est in their assertions that prohibition
would again carry if submitted to the peo
ple, thev would jbin us in making this re
quest. "If they believo that a majority are
opposed to prohibition, then like all
tyrants they are attempting to throttle the
will of the people. All questions are safe
in the hands of the people, and the meu
who distrust, them, had better seek protec
tion under a monarchical government.
The people originate all reforms. Those
who hold official positions seldom take the
lead. It is the people demanding this re
form. They are doing it not only in the
interests of business, but in the interests
of morality, as well. We desire to say to
the world: come. We desire to say to the
dealer in intoxicating liquors: pay your
way. We desire to say to the people, that
so long as their conduct is such that it
does not interfere with others, that they
are free American citizens, even while
they live in Kansjis.
If there ever was a reason for again sub
mitting this question, it is now. Under
the law as presented by the supreme court,
the traffic goes on unrestrained and pays
none of the burdens of the people. We
are now presented with a plain business
proposition. Shall the traffic continue as
now, free and .unrestrained, or shall the
state lay its strong hand upon it and
license and restrain it, and make it con
tribute to the public revenue?
THE GOVERNOR DECLINES TO ATTEND.
After an organization had been reached
a committee was appointed to wait upon
Governor Humphrey and to invite him to
be present and listen to the memorial
which had been reported to the convention
by the executive committee.
The governor declined to appear in the
hall but said he would receive any proposi
tion the convention might make reduced
to writing, which he would answer in the
A DANGEROUS POLICY DENOUNCED.
While the committee was out, the fol
lowing resolution offered by Mr. Payne,
of Wichita, was adopted:
Whereas, The builders of the federal con
stitution for the purpose of forming a more
perfect union of the states and to promote
the general welfare found it expedient and
necessary to enumerate among the dele
gated powers freely yielded by the several
states to the general government, tho
power to regulate commerce among the
several states: and
Whereas, We have witnessed with
regret a determination among certain citi
zens of our state to demand a revocation of
such power of the general government and
a partial restoration of the same to the
several states, again associating the dan
gerous doctrine of state rights together
with a spirit of nullification of the law
and constitution of thi federal govern
ment, as declared by the supreme court of
the United States, therefore be it
Resolved, That we are unalterably op
posed to said doctrine .and demand that
every provision of the constitution shall be
kept intact and that congress shall not
yield up to any state a single power given
it under the constitution for the preserva
tion of which so manj brave men have
offered their lives on land and sea.
TIIE JIEMORIAL NOT SENT.
On the report of the committee of Gov
ernor Humphrey's refusal to meet the con
vention considerable feeling was shown by
several speakers, as a previous committee
had reported the governor's willingness to
come before them. As it turned out the
convention refused to send the memorial
to him. '
A state organization was effected, reso
lutions of adherence to Republican princi
ple passed and many stinging speeches
A MASS MEETING.
At this hour a mass meeting is being
held in the house of representatives,
speeches being made by Hon. Lucien
Baker of Leavenworth, Hon. D. A. Banta
of Great Bend, Hon. W. R. Payne of
Wichita, Mayor G. W. Clement of Wich
ita, Senator O. H. Bently of Wichita, and
Hon. Geoige-B-wGjenness of, Jprt vScott.
Marshall's Military band will furnish the
TIIE MEMORIAL AS TRErARED.
Following is the memorial as drawn up
for presentation to the governor.
To his Excellency, Hon. L. U. Humphrey, Governor.
The Resubmission Republicans of Kan
sas, in asking you to convene the legisla
ture in extra session to the end that a con
stitutional amendment abolishing prohibi
tion may be submitted to a vote of the peo
ple at the November election, deem it
proper to present to you briefly their rea
sons for making this request.
In 1879 the Kansas legislature submitted
to the people tho following constitutional
amendment which was adopted at the gen
eral election held November 2, 1SS0:
'Sec. 10. The manufacture and sale of
intoxicating liquors shall be forever pro
hibited in this state except for medical,
cfiontific. and mechanical purposes."
Kansas at that time was a new and
sparsely settled state, and contained no
city of more than a few thousand people.
The conditions were apparently favorable
to the enforcement of prohibition, and
men of good judgment confidently expected
that the experiment would prove success
ful. Time and experience have demon
strated the futility of such expectations.
Since the adoption of this amendment the
exertions of the Republican party to make
the amendment effective have been faith
ful and unremitting.
Notwithstanding the urcency of other
interests, a very large portion of each sue- j
CeSSlVC ICglSlitllie slsiuu iiiis irccn ucvuiai
to the enactment of measures more and
more strinsient to enforce the prohibi
tory amendment. Established rules of
legal proceedure have been sup-,
planted by enactments of such an extra
ordinary character as to startle lawyers i
and courts. And yet prohibition does not
prohibit. Each year more liquor is sold in j
Kansas. The saloon, whicltwas open and j
subject to legal control, has given place to :
the "joint." which, being secret and inde-j
pendent of the law, is beyond control. ,
The number of liquor stamps issued by ;
the revenue department, as well as our ,
own observation, convince us that since
the adoption of prohibition in Kansas the
sale and consumption of liquors have in- j
creased in a ratio fully equal to the in- j
crease of population. ,
The person who seriously asserts that
prohibition is even fairly "successful in
suppressing the liquor traffic in this state, j
in view of the actual condition of things, I
is eithtr seeking willfully to deceive others, j
or is himself blinded by his own fanati-:
cism. While the law is a confessed failure
as a temperance measure it is manipulated '
into au active and efiicient agent in work- .
inc injury to our state. j
Adjoining states, unfettered by sumptu-)
arv laws, avail themselves of the oppor-;
utility Kansas affords them, and reap a j
rich "harvest from the manufacture and
sale of all kinds of liquors consumed '
within this state. This has already I
worked unmeasured injury to the state, J
and. with the settlement and development
of Oklahoma, we are told large breweries
are already under construction; the evil j
will be intensified.
Kansas City. Mo., was built from the j
money from 'the trade and business of j
Kansas. Tho development of the live
stock, packing, wholesaling and jobbing
interests in cities within the state of Kan
sas will, in part, remedy this and keep
Kansas money for Kansas people, and thus
contribute to the nmlaiug up ot our own
state. Whatever is consumed in Kansas
should be manufactured in Kansas, pro
vi'led the conditions are favorable.
This is a business principle, the wisdom
of which is too plain forarsruinent. While
we are loyal to the Republican party, our
interest in the welfare of the state of Kan
sas is paramount to our interest in the as
cendency of any political party. As busi
ness men with large pecuniary interests in
this state, we are therefore so deeply in
earnest iu our endeavor to have Kansas so
shape her policy as to put the party in
hamiony with the national Republican
party and to permit her to compete upon
equal terms with her sister states for pop
ulation, for manufactures, and for all
branches of business which combine to
build up a prosperous community, and to
develop a great and powerful state, that
we are unwilling to remit our efforts until
this end is fully accomplished.
While we do not expect yon, as the chief
officer of this great state, to be wholly
governed by considerations of party expe
diency, we can not refrain from expressing
to you our great concern for the future
welfare and ascendency of the Republican
party in Kansas unless some speedy action
is taken to eliminate prohibition from
The disaffection which culminated in the
election of Governor Glick, while origina
ting largely from the same cause, was
much less extensive and pronounced than
the dissatisfaction which has such a peril
ously strong hold upon the Republican
party in Kansas at this time.
If some of the so-called poli.ical leaders
who speak so flippantly of the resubmis
sion movement were in possession of the
information which comes to our headquar
ters from correspondents in all parts of the
state they would be better able to estimate
the strength of a movement many of them
profess to despise. So many write us vol
untarily pledging their support to the
movement but exacting a promise that
their names shall not be given to the pub
lic that one not on the inside of the move
ment can form no correct idea of its force.
The intolerance and fanaticism of some of
the more prominent prohibitionists has
been such as to cause this feeling in the
minds of thousands of good citizens who
wish to live in peace and have the good
will of all their fellow citizens. This class
will seize upon the very first opportunity
that presents itself to cast a vest-pocket
ballot against an intolerance so oppressive
We will not attempt to conceal from
you the fact that the Resubmission Repub
licans of Kansas have fully resolved to call
a halt, and as prohibition is not a tenet of
the Republican party, they will henceforth
support no man or party committed to
prohibition. We are aware that this dec
laration while in full harmony with true
Republicanism will provoke a storm of
criticism from those whose only interest
is that they may continue in office and
regularly draw their salaries, as with this
element honesty is weakness and political
finesse is the only acknowledged element
The horde of unnecessary officials called
into being by the prohibitory law, and
drawing salaries paid by the direct taxes
imposed upon us, will not be expected to
look with favor upon a movement 'the suc
cess of which will relegate them to private
life and compel them to earn a living by
the ordinary methods.
As long as the present policy is adhered
to nothing better can be expected than
that metropolitan police and assistant at
torneys general will continue to be multi
plied and to consume the substance of the
people that is never satisfied. While we
concede that many advocates of prohibi
tion are thoroughly sincere, a practical
knowledge of the every day life and habits
of the many Kansas prohibitionists con
vinces us that their insincerity is only
equaled by that of their fitting coadjutor,
the political preacher, whose cant and
hypocrisy does so much to paralyze the
effect of all genuine Christian efforts.
It is constantly asserted by those favor
ing this law that the people are satisfied
with its workings and that prohibition
would again be carried if submitted to a
vote. If they arc sincere in this they will
join with us in asking that the people be
given an opportunity to confirm this
But the supreme court of the United
States in the recent decision, in what is
popularly known as the "Iowa original
package case," has administered the final
blow to the success of state prohibition,
and it now only remains for Kansas to
speedily adjust herself to the changed con
dition of affairs. Since the court has de
cided that we can not prohibit the importa
tion and sale of liquors in the state in
original packages, it is conceded that the
prohibitory laws are so far inoperative as
to be but little more than a dead letter
-upoifthe statute-bowk ,-But this-deciaion'
uoesTQot, nor does a leueral constitution in
any way abridge or interfere with an
appropriate and legitimate exercise of the
taxing powers of the state by which a
reasonable tax may beassessed upon liquor
or against those engaged in the liquor
traffic, and rules and regulations pre
scribed for the conduct of the business.
This view of the scope ot this decision is
f UII3- sustained by several cases decided by
the same court and concurred in by many
of the same judges who participated in this.
Prohibitionists console themselves by
asserting that if they can not prohibit
neither can yjz regulate or tax the traffic
in any way. This view is not sustained
by the court nor is it in any sense correct.
Under the circumstances it. would be worse
than folly to allow the prohibitory amend
ment to remain m our state constitution.
To do so would be to debar ourselves from
all power of regulating or taxing a traffic
which the court of last resort has practi
cally decided can not be prohibited. Pro
hibition ought never to have been en craft
ed into the state constitution. Its friends
should have contented themselves with
statutory prohibition. Now, after ten
years' trial, it has failed, and the people
wish to let go of it, but they find it will re
quire three long years to do it unless an
extra session of the legislature is conven
ed. This is the situation that con
fronts the people of Kansas at this
time. Tho Republican party gave
the people the right to vote upon this
question before, and the people naturally
look to the Republican party to afford the
same right again. If we fail to do so we
probably realize that the people hold us to
a strict accountability for our manage
ment of this exceedingly dangerous ex
periment after the votes are counted next
With you. as the chief executive officer
of the state, rests the responsibility of call
ing together the legislature in extra
session for the purpose of adopting the
policy of the state to the changed con
dition of affairs, or of refusing to do so.
While we were fully impressed with the
wisdom, not to say necessity, of so doing
before this decision was rendered, there
now remains, in our judgment, no justi
fication for any one (whatever his personal
views may be as to prohibition,) opposing
the convening of the legislature in extra
session, as some immediate action is now
imperatively demanded by the situation I
tnat conlronts us.
This dissatisfaction in the Republican
party in this state, arising out of this
question, is much greater, we are confident,
thnu some of your advisors are willing to
admit or to have you think. The politi
cal machinery is in the hands of those pro
fessing adherence to the doctrines of pro
hibition and information from such sour
ces is apt to be colored to suit the occa
sion. Therefore the extent of the existing dis
affection can only be measured when some
means is devised" to ascertain the number
of vest pocket ballots which are likely to
be cast in November. It is good business
as well as. good politics to so manage af
fairs that no excuse for dissatisfaction
shall exist. It is always safe to trust the
people, and this is all that is asked when
we ask that the legislature e convened. 1
It is but little the people ak. and when .
granted the responsibility is with them.
It is as business men, having in -view the
financial and moral welfare of the state. 1
and personally indifferent to political ;
preferment, that we ask this action at yonr 1
nauds. lo you ami tue party the subject
i of equal importance upon other grounds
which will readily occur to you.
For ten years we have been experiment-
mg. fcnau we continue longer in view 01
the past and the judgment of the higher
court This is the" question the people
wish to settle at the polls next falL Our
action is loyal and our request reasonable
No injury "can resnlt from resubmitting
this question, and harmony and good will
will inevitably result, whatever the people
shall decide by their vote.
If the majority of the people of Kansas
want prohibition, we want it. Let a vote
be taken and put an end to an agitation
which is taking up the time and thoughts
of our people so that their united energies
mnv again be directed to the development
of the resources of the most favored of all
the sisterhood of states.
Unwise legislation and impracticable
and visionary theories have dominated
lone enough." It is but justice to the peo
ple of Kansas that they be permitted to
sav, speedily, whether they will abaedoa a
policy Massachusetts, Rhode Island, Con
necticut and Pennsylvania have declared
unwise and inexpedient, and return to a
policy more in accord with reason and the
experience of mankind.
The state of Kansas is but partially set
tled, and her boundless resources
are almost wholly undeveloped. We
need more people and more money. Of
these, the older states east of
us to have a surplus. Texas, Colorado,
Utah and other western states, are taking
these people and this money from Kansas
in the same way we took people and capi
tal from Missouri after the war. The dis
loyalty of Missourians prejudiced people
against a state blessed with more natural
resources than fall to the lot of most states
and long trains of people came across Mis
souri and settled in Kansas. The prohibi
tory law diverts thousands of people and
millions of money to states possessed of
few of the elements of greatness possessed
by Kansas. Vast train loads of people
Eass throujrh and over the length and
readth of Kansas to reach a land govern
ed by laws less offensive to the American
The resubmission agitation in Kansas is
being watched by people all over the
United States. The prospect of
the success of the movement is
already attracting people to the state,
and as the prospects brighten capital
begins to venture in. With the convening
of the legislature in extra session, and the
submission of a constitutional amendment
repealing prohibition to the people, a new
era of prosperity will dawn upon this
favored state and she will take on such a
growth and development as will over
shadow all past eras m her history.
Let the people have a chance, an imme
diate chance, to express their wishes upon
this subject. In a government of the peo
ple, for the people and by the people, what
can be more reasonable and proper than
OHBIST'S SECOND 00MQf&.
Indians Sear Port Eeno Who Believe He
is in Dakota.
Special Dispatch to tho Dally Easle.
Fort Reno, L T., May 23. In the bot
toms, about a mile north of the post, are
now encamped about 3,000 Indians from
the Cheyenne, Caddo, Arapahoe, Wichita,
Kiowa and Commanche tribes. This great
assemblage has been brought together
ostensibly for the purpose of taking part
in the annual "rain" dance, but in reality
to hear reports in regard to the second
advent of Christ.
Some three months ago a report was re
ceived from Wyoming that the Indians
near Fort Washakie had been informed by
the Great Spirit that a new Saviour would
soon make his appearance on earth, and
that his special mission would be to de
liver the red men from the authority of
their white brethren.
To investigate the truth of these reports
two Indians, Black Coyote, a lieutenant of
the Indian police, and Was hie, first ser
geant of the Indian scouts, obtained per
mission to visit the northern tribes, and
upon their return the present mass meet
ing was ordered. It is little that the
white visitor can learn about the. hopes
entertained by the Indians in regard to
this to them important matter, and only
through our close connection with some
of the leading men could w learn that the
time for the advent of the qew Savior lies
within tho space of time between two
months and two years from now.
The most interesting part of the coming
of the new ruler is. however, the change
that is to follow his advent. Without a
dis.entinrr oninion. the Indians all airree
that'in"a very short time tSe white man
will vanish from the ianus tormeny occu
pied by the Indians, that the old ways of
livinc will soon aeraiu be instituted, that
the buffalo, the elk and the deer will again
roam over the plains and the bow and
arrow take the place of the more modern
weapons. And all the whites, regardless
of whatever connections they may have
had with the Indians, must go the
children of whites and Indians who have
intermarried will be allowed to remain
with their mothers, but no offspring will
come from them and with those now living
will disappear forever any sign of the
civilization, morals, habits good or bad-r-imposed
by the white men.
Passing through the grotesque camps of
the different tribes wo observe small
groups of red men and old squaws in ear
nest conversation regarding the coming
events. Formed into a circle about three
hundred feet in diameter is an endless
chain of bucks, squaws and papooses,
dancing, or rather crowding one another,
step by step, until the whole circle has
been passed. No other than vocal music
is used while the dancing is going on, but
of that there is plenty. Every one of at
least 1,000 participants sings his or her
own sontr, and a thousand voices, each in
a kev ot its own, minsle together. To this
great display the Great Spirit and the
spirits of those who are in the happy hunt
ing grounds above are silent but greatly
interested witnesses. And why should
the white marr make little of the cere
mony? Does not he too. in his worships,
call on the unseen spirit? Does not he too
anticipate a relief from present sufferings
and look forward to a time when his exist
ence shall be marred with no intrusion of
So lone has the"status of the Indian been
changed from bad to worse and the coun
sel of the white men led him into beliefs
he never saw realized that it is no wonder
that he clings to any hope which may show
him a relief in the way he so much desires.
FROM OKLAHOMA CITY.
Special dispatch to the Daily Easls.
Oklahoma Citw Ok., May 23. Mr. H.
Overholser is getting his business houses
nearly all completed. The Grand Avenue ho
tel which belongs to him is nearing comple
tion and the arrangement is to have one of
the nicest hotel openings that has been
given in all Oklahoma. Mr. Overholser is
a valuable citizen to Oklahoma City, hav
ing built in all some twelve or fifteen
mammoth buildings, and in almost every
case they are taken as soon as completed.
The large canal will be furnishing water
power to the city in a few weeks. Our
town was a little quiet today as a great
number of our people went to Guthrie to
aid them in a grand Oklahoma reception
to Governor Steele.
Postmaster Beedler will before long be
located in the new brick post office build
ing which is almost finished near the cor
ner of Main and Broadway.
The wind storm of yesterday blew down
a few of the little shacks of our town and
in some cases the cornice whs blown off
large bnildincs. Justice Clarke, of Wis
consin, leaves tonight for Guthrie to be in
attendance at the big reception. Wheat
harvest will soon commence down here
and harvest hands had beat look this way.
The people are anxious to see the new
time card as it will give them their Eagle
and other mail about seven hours earlier.
A LOT-JUMPING CASE.
MrsKOGEE, L T., May 23. The suit in
stituted by J. H. Saunders against Cap
tain Stiles." of the Tenth Infantry, and
Captain Couch, the mayor of Oklahoma
City, now deceased, foro.000 damages for
false imprisonment, came to an end in the
United States court in a verdict for the de
fendants. The plaintiff claimed that the
defendants conspired and caused bis im
prisonment that the contending party
might re-enter the. lot which he was claim
ing. The matter has been the subject of
investigation at Washington ami much
interest was manifested nere during the
PASSENGER TRAIN DELAYED.
Social Di-juch u the DsBr Eaefe.
KrstJFlSHER, Ok.. May 3. The heaviest,
rain since the opening of Oklahoma fell
this afternoon. The streets xre needed.
The Rock Island passenger north came
back, betii unable to cross the Cimarron
bridre. which is andcr water.
ALL OKLAHOMA WELCOMES GOV
Thousands of People from Every
Section Lend Him Their
A Speech lull of Praise and High Hopes
Delivered to the Gratified
The Oath of Office Administered to Jus
tices Seay and Olark A Grand Ball
and Reception Travel Inter
rupted by Roods on the,
Oimsaron General "West
Washington, May 23. The supreme
court of the United "States today denied
the application for a writ of error in the
case ot Kemmler under sentence of death
by electricity. The opinion was rendered
by Chief Justice Fuller.
The case will next come up before Uni
ted States Circuit Judge Wallace, who
made an order to operate as a stay of pro
ceedings to save Kemmler's life until the
United States supreme court could pass
upon the question involved. This order
was issued with the understanding that
counsel would immediately apply to the
supreme court for a writ of habeas corpus.
Their application for such a writ was
thrown out of court but they were all
moved ahead in application for a writ
of error, and it was this application which
was today denied. The same questions
were involved in this hearing as would
come before the supreme court on a mo
tion for a writ of habeas corpus, the only
difference being one of form and court
practice. It is therefore supposed that
Judge Wallace when the order becomes
returnable on the third Monday in June
next will vacate it, that being practically
the understanding upon which the order
Ex-Senator McDonald made a motion
for a rehearing of the Mormon case and
to vacate the mandate in the case. The
court refused to grant a rehearing but de
cided to allow the latter pare of the
motion asking for the vacating of the
mandate. The court said it was satisfied
that the conclusions reached were correct
but not with the form of decree entered
and would take this matter under advise
ment until next term. It is understood
that tho object is to ascertain if there be
no method by which tho money accumu
lated by the church of Latter Day Saints
can be returned to some source that will
not use the funds for the propagation of
polygamy, there being a reluctance to ab
solutely confiscate the property.
The court todav finally adjourned until
theinext term, beginning the second Mon
day in October.
THE DISCRIMINATION NOT UNJUST.
Washington, May 23. The interstate
commerce commission, today in an opiuion
by Commissioner Schoomaker decided the
cases of Lehman, Higginson & Co., ot
Humboldt, Kan., against the transconti
nental lines. Complaint was made of un
just discrimination in Kites on refined
sugar in carloads by charging Go cents per
100 pounds from San Francisco to Kansas
City, Mo., and 85 cents per 100 pounds from
San Francisco to Humboldt, more
than 100 miles shorter distance, but
on the through lines to Kansas
City. The commissioners hold that
the lower rates to Kansas City
are forced on the carriers by competitive
conditions bevond their control and the
rate to Humboldt from San Francisco not
being unreasonable in itself but lower
than it would be except from these com
petitive conditions at Kansas City, and it
not appearing that substantial injustice
results from the higher rate to Humboldt,
this rate and the lower one to Kansas City
are not found to be in contravention of the
AN AMENDMENT TO WILSON'S BILL.
Washington, May 2.3. Mr. Faulkner
gave notice of an amendment to the bill
relating to liquors imported into prohibi
tory states, providing that such liquors
shall be considered as incorporated sis a
part of tho common mass of property
within the state and subject to regulation,
control and taxation in the exercise of the
state's police powers.
The consideration of tho naval
appropriation bill was resumed. Several
amendments were offered and dis
agreed to. Then the silver bill
bill was taken up as the unfinished busi
ness and laid aside informally.
The tariff bill was received from the.
house and referred to the committee on1
finance. , , ,
Mr. Stanford addressed the senate in ad
vocacy of the bill introduced by him some
days ago providing for loans by the gov
ernment on agricultural land. At the
conclusion of his address the bill was re
ferred to the committee on finance.
The naval appropriation bill was then
taken up but final action upon it was not
After an execntive session the senate
PENSIONS FOR KANSANS.
Washington, May 23. Pensions were
granted Kansans as follows: Original
Jeremiah James, Doniphan; Abraham
Barries, Eureka; Jonathan Colyar, EI Do
rado; John M. Wardler, Junction City;
David W. Weltmer, Gaylord; George P.
Schouten; Sedgwick; Joseph Bryant, Wil
son; James M. Pitcher. Winchester; John
T. Miller, Clifton; William F. Thorp,
Cherryvale; John L. Whitman, Valley
Falls; Benjamin F. Cade. Quenemo; Wil
liam Grow, Columbus: Benjamin Bennett,
Belmont. Increase Christopher Weaver
Atchison; George T. Weaver, Con
cordir; Lewis I Ogan, La Cygne:
Davy Trace Mosmer; John Snyder
Valley Center; James F. Stone, Locomp
ton: Samuel Saunders. Cbanute; Francis
M. Triggs, Wathena. William J. McCon
nell, Kmtrman. Reissue Darki Dack,
Loean. Reissne and increase Warren
Miller. Independence. Original widows,
etc Ellen, widow of Swan P. Mattson.
Hnmbokit; minors of Sylvester T. Mere
dith, North Topeka: Lucy J., widow of
Caleb C. Chapman, Coffeyville.
THE RIVER AND HORBOR BILL.
Washington, May 23. Mr. Flower, of
New York, introduced a bill subjecting
oieomargine to the provisions of the laws
of several states. Referred.
The house then went into committee of
the whole (Mr. Burrows, of Michigan, in
the chair) on the river and harbor bflL
AVhen the paragraph appropriating $f0.
000 for the construction of the Illinois and
Mi'S'Tssippi (Hennepia) canal was reached
Mr. Turner, of Georgia, made the point of
onfcrthat the commit.' on rivers and
harbors had no juristlictioa over caoafcj.
Pending a discussion the committee rose.
The speaker appointed Mr. McMfltin, of
Tennfeswe. as a rWerw on the catstoo ad
mtntratiTe bill ia place of Mr. Carlisle,
The hoose then took a recess, the erea
ine session, to be toe the ooatderatMw of
private pension bills.
ELECTION CASES CONSIDERED.
WAaaixcTOJf, May 2. Tho boo&e oxa
nduee oa eta&fotfe U&&Y acted upon tire
ef tie oeisdis ceatesteu eisctke cases and
the result will probably be an increase of
the Republican majority in the house by
two members. The cases decided this
morning were those of Langston vs. Yen
able, Fourth Virginia district. Miller vs.
Elliott, Seventh "South Carolina district,
and Chambers vs. Morgan, Second Mississ
Jn the first two cases the committee will
report in favor of seating the Republican
contestants, Langston and Miller, but in
the Mississippi case the report will be in
favor of the sitting member, Mr. Morgan.
Washington, May 23. In the appeal of
Francis W. Cole from a decision of the
commissioner of land office in holding for
cancelation his timber culture entirely for
a tract of land in Lamed, Kan., land dis
trict and awarding the same to one L. A.
Reed, the secretary of the interior; re
versed the decision and ordered that Reed's
cash entry be canceled and Cole's timber
culture entry be reinstated.
REDUCED RATES FOR VETERANS
Washington, May 23. The house com
mittee on commerce has recommended a
favorable report to be made on the bill
amending the interstate commerce law so
as to permit the railroad companies to
give a reduced rate to veterans atteuding
the national encampments with an amend
ment extending the same privileges to vet
erans of the confederate army.
OKLAHOMA TOWN-SITE J BOARDS.
Washington, May 23. Secretary Noble
has under consideration the appointment
of the commissioners provided for in the
Oklahoma town-site bill. There will be
twenty-one of these commissioners, organ
ized into boards of three each. The bill
provides that but two from one political
party shall be appointed on each board.
WILL ENFORCE THE ORDER.
Washington, May 23. The president
having received information that the cat
tlemen are invading the Cherokee strip in
violation of his recent proclamation, has
instructed Brigadier General Merritt to
rigidly enforce the provision of the procla
mation against all persons violating the
Washington, May 23. Postmasters ap
Indian territory John Turner, Thur
mon, Choctaw nation.
Missouri II. P. Fleming, Louisville,
CHRISTIAN SUNDAY SCHOOLS. .
Atchison, Kan., May 23. All the old
officers of the Kansas Christiau Sunday
School association were re-elected with
the exception of Mr. Iugels, of Oswego,
recording secretary, who was not a candi
date. E. O. Sha'rp, of Manhattan, was
elected in his place.
The committee on awarding the banner
reported that the Fort Scott Mission school
and the Salina schools were the best Sun
day schools in the state. The committee
recommended that the banner be awarded
to each school for six months.
The committee on prizes recommended
that the prizes bo awarded as follows:
Teachers First, Mrs. Helen Moses, To
peka; secoud, J. T. Burton, Emporia; third,
Mrs. M. C. Rogers, Nortonville. Advanced
scholars First, Miss Nettie Miller. Em
poria; secoud, Miss MinnieNeinas, Holton.
Junior scholars First, Jasper Norris, To
peka, and Leslie Gray, Salina; second, El
mer Bell. Glen Elder.
B. B. Tvlor, of New York, delivered an
address oil the work of the Young People'
Society of Christian Endeavor. " '
At 2 o'clock Miss Lucy Lemert, of Fort
Scott, read a paper entitled "Howard of
Merit in the Sunday School," and E. H.
Keller, of Lawrence, delivered an addrosw,
"Teaching First Principles in Sunday
School." The tenth anniversary celebra
tion took place at S o'clock. Short ad
dresses were made by B. B. Tyler, of New
York; John A. Brooks, of Kansas Citv;
Judge Clark, of Kansas City, and W. E.
II all, of New York.
F. M. Rains, of Topeka, raised Sl.WS 1n
less than thirty minutes for the purpose of
carrying on the work for another yeur.
LYONS COUNTY REPUBLICANS.
Emporia, Kan., May 23. Tho Lyons
county Republican convention is to be
called June 21 to select delegates for the
state and the congressional convention.
Primaries will be held in the city at 8 p. m.
Friday, June 13, and in the country on
Saturday at 3 p. m. Indications are that
Kelley will be the Lyon county favorite as
heretofore for congress.
RUNNING WITHOUT RESTRAINT.
Leavenworth, Kan., May 23. The first
"original package" house in Leavenworth
is now in full operation. Tho stock 'con
sists exclusively of whisky, and no effort
will be made to sell leer. The authorities
have not yet signified what action they will
take in the premises.
MICHIGAN UNIVERSITY ALUMNI.
Kansas Citt, Mo., May 23. The Michi
gan Univer.-ity Alumni association of the
southwest, gave its second annual banquet
at the Coates house this evening. There
were present President James I). Angfll,
Profeseor Calvin Thomas Profeswr Henry
C. Adams, Professor Frederick M. Scott,
Professor Martin 1. D. Oge, all memlers
of the faculty, and about 1SX) alumni.
After the Iwinquet toast were given by the
following gentlemen: Chief Justice Hor
ton of Kansas presiding toast mMtw.
President James B. Anuell. Sidney Kt-
jnan, Fred M. Scott, Henry Carter Adam,
lion. W. C. Ranon, all connected with
the university. J. E. McKelghen of fet.
Louis, Joel Moody of Kinsley, Kan., Hon.
Jefferson Chandler of St. LouK Hon. W.
R, Smith of Atchison, Kan.. Major Will
iam Warner of Kansas City, and Alex
ander Martin of Columbia, Mo.
A WINDOW GLASS TRUST.
Pittsbcrg, Pa., May 28. The Window
Glaus Manufacturing association rac here
yesterday and decided to shut down all
their factories in the country for the sum
meronor about June St. An agreement
was al. made with jobbers by which tb
price of glam is to be made uniform here
after in all citiea. The jobbers and manu
facturers agwd to neither boy nor ell to
any but mprobers of their respective &no
ciatiooJ. Thin actios, it is ctatmt-d, will
result in the removal of unequal competi
tion. The shut down movement wa in
accordance with a resolution adopted at a
recent meeting in Chicago.
A SATISFACTORY COMPROMISE.
PlTTSBCWJ. Pa.. May 23. The big atrika
at the National Tube works at "V etporl
ended thu morning by the mea scrtiim;
hack to work. They demanded as increase
of wages, bat the company ba otfred a
satisfactory compromise. Several thoood
men were inrolTed in the strfie. a th
National rolling mill was also afeot down.
BAD STORM AT JOLIET.
JOLI2T, 111.. May 21 A terrific thsader
awLrain storm vMted this Nation hl
night. The rain fell in torrents mod rw
ports from allying sabarbs are that tber
waacvcloee- On the wwt aide a maple
of residenc were blown down with no
srioa injury to the inm4K. The
electrical storm in tb city wa Mrrere.
BKCstfRiA My 2fc At yesterday va
xkm of the iaM-raaiiea! mWrV oongr&ft,
31. Bo-wlr, the well known Preach KcxsiaJ
i-t. ojc5w-d that fjw be taken to sab
Ifch an tniaraatfcm&l etonte to obtain a
working day of eight hoars and to othm
wfce ameliorate the coodttfos of tfc
AU OLD TIME MI8SOURIAN DAD.
Stoalia. Mo.. May 25 Major William
G.try. ooe 0 toe oJds fanner of this
county. (Led hwt nteht at Uw how of his
sm. men HisssviUe. at tfce ac e 7!
years. The foawral will ocatr 2& a-;i boote
cs&r Sedslia ce Sesti&r w Moadar.
NO HOPE FOR KEMILER
THE MURDERER MUST SUFFER
Application for a Writ of Error De
nied by the Supreme
Judge Wallace's Order for Stay of Pro?
ceedings Will be Vacated
The Mormon Property Confiscation Case
Ee-Opened Secretary Noble Oon
aderinsr, the Appointment of Okla
homa Town Site Commission
ersItems from the Na
SrcSAl DlpAtca to the Daav Barfo.
GCTimiB, Ok., May 38. AU Oklahoma
has been represented at Guthrie today. It
is estimated that 20,000 people wttutswed
the exercises on Capital hill thisnfternoon.
The procession formed at 1 o'clock and
was over two miles long. Tho Klnsfishor,
Guthrie and Oklahoma City bandn fur
nished the music for the occasion. Kvery
one was surprised with the excel lent mu
sic rendered by tho bands, newly organ
ized, particularly with the Kingfisher
bund, under the leadership of C M. Make
peace, tho famous Dpdge City Cxrtvhoy
The order of procession was as follows:
Guthrie band, military, Captain Cava
Governor and suite.
Sons of Vetoraus.
Mayers of the Guthrics and visiUng
llartranft'post G. 'A. Itf
Oklahoma City band.
Oklahoma Republican club.
Norman delegation. t .
Guthrie hqe company.
El Heno delegation.
The procession was owra mile long.
Tho buildings along the line of marah
were beautifully decorated with Haga and
At 8 o'clock the exercises communced bj
dinner, blessings being invoked by Rev.
King, followed by an address of welcome
by Rev. Lemuel Jones, who wa inter
rupted by a storm coining suddenly up
from tho west which looked black. and
fearful, causing a general skirmish among
the" people for. bhelter and boat. CrhjH
Kof "Governor Steele" brought forward that
gentleman, who made a favorable imnrua
siou on the eople by his manly war
ing and sound and logical dkorancus that
brought forth cheor after chwjr.
The governor restwnded in a most
admirable manner. lie pledged hla tnot
earnest effort to build up Oklahoma and
asked in return the mot hearty co-operation
of its citizen. All were improMxai
with, his manliness and tinprujndicod atti
tude. From the delegations of all Okla
homa only words of gratitude are huard.
At tho close of his remark lit admlnl
tered the outh of office to Judg Saay. of
Missouri, aad Judge Clark, of WhsoouMa.
A graud reception was given In tha
evening and an opportunity wa givan all
to meet tie new ofllcors of th irtat.
There w.vi a ball at the close of tha rwfog
tion whicn was attended by the youth unw
beanty of the new territory.
THE DEEP CUT RESCINDED.
Chicago, 111., May 23. The 111 (NtHMMutar
rate between Chicago and New rk aiUtr
having been in effect hardly twijntr-fowr
hours waw rescinds! by the CVnlral TniMte
association. The $14 rate ttill rmnninn Im
force, however. The $3 rate either way be
tween Chicago ami St. Paul went into af
fect on tb Chicago, Milwaukee & St.
Paul road this morning a homoomcwL
A CRIMINAL CAPTURED.
Dexvkk, Col., May 5. Deputy BaarW
Borcherdt thte ittorni&g arrfatnd R, P.
M unwell, alia Canniagham, alia I'owoO,
at the Globe grocery Urf , on Iawnmca
street, thin city, where ho wa cmployad.
Muiifell is want ml at Ennka. Kan., on tha
charge of forgery, and for over a yuar a
lilwral reward hm lxeo offeml tor lifc
apprehension. "When Jin placed tudor
arret the man detiil bHg guilty of lh
crime rhargd, but on the way to the Jail
he weakjiid and acknowledged hwu
the right party.
LO0MVIIXK, Ky.. May 31 Wbwow of
today'fi races: Lnt. Day, IHara?ynt
Rentrica, If ttntraMC Workmate, '&rmatjfL
Gkatmmcxo. X. Y.. Maytt. Thu ianot
of today's raci: Bine Hock, Svxakio!.
Faarkw, Ballet Cok, Vivid, MorWao.
THE AUTHORITIES INTERESTED.
Richmond, Va., May JO. Th aaoMtac
nvmt in dhtpath etat out frottt New
York to the effect that John L. 8IUtm
had aer?d to ooia to Virginia tuni &&&
Jo McAttliff for flO.GGO aod U M970.
Jackson, for VJ6,VSJ in Anat fern at
tracted attention among tb. oflteUlt In
this Htata. It waa rcprc-nlod that J. M.
Bailey, oaf of toe ioeorporator of tho
Vincinia aMMctation, whot ehatVtr of In
corporation ww ntftfaad throve the !ste
huare in St closing twwtoa, had a ooaiar
mrv. with SoUivaa with lb rnnvlt ms
turned Mr TSmilej and too inU$cvi
with him in tbia aKciaUon claim iimi
under their efcarwr Ur hLT . j-kU.
right to bate on Uwsir KfonaAn wi
flsnta aad other wporta in vioUtloa. of tho
laws of Virginia.
Bdagstef n im TrtAjXasha AiKeaa
SjuUtmja, K. Y.. yiy L-Aiir wofea
portast prritmhwiry bowiaw tday ita
Prefeyes"iMa general amhry rer4fi
to tfc eonriderstion ol tb nort of Uk
committee on xvriMOa mmAm by JUrt. Dr.
Patton. dHurtDM of lb nnmUM
Oa motion of Dr. BVrriek JoWon It
wm rotd to lay Md all enfer of
buaiii until a flnl tok w mhi
on the appointment of a eoawttt
00 rrviaon. In the tmvm at tho WH
Ktv. Ir. PwtfM W h wVforl th Jt
hftcriaa chorea eowkt nt nd of tho (
meat a&ottt the U9pn tflig jMrti-Chrto m
that tay eooti roaogftb Um Kimw
Cotfcoiic Wtinto. H wMrcdah tt
to a3ttifciy vnmki wpfeaia cb hnml
that tbtff tMcfi im. the tUamcSfw of m
SutU. Dr Yamfyk. of rJroekfy. on
hrcd Dr Pattern' cwtimu. as4 Us.
MorrK of Law. Thogtei lumtoary. Le
lkmsi that sow "vr sumsnimmt rvrfefea."
KING CHniSTtA; A GRAMDPA.
Cormocut.v. MayJ PrhMftM LmJx$,
wife f & l'rfays rtdrfc&, b jdven
birth to a tUnzku.