TOPEKA, KANSAS. MAY 8, 1899.
Filipino Garrisons of Two
Towns on the San Fernando
Forced to Efacuate by the
Entered Both Places But Did
Captured the Outfit of a Brass
Band at Sosnioan.
Marched on Board Playing on
Manila, May 8.-2:13 p. m. The
army's gunboats, Laguna de Bay and
Cavadonga, under command of Capt.
Grant, which started up the San Fer
nando river from Guagua yesterday, as
was presumed, to establish there a base
of supplies for the troops engaged in
the northern campaign, returned today.
Maj. Gen. MacArthur failed to connect
with the expedition.
The gunboats found rebels entrenched
at Sosmoan and Guagua on the water
fronts of the towns. The vessels
steamed past the works, shelling the
occupants and driving them out. land
ing parties from the boats entered both
towns, capturing at Sosmoan a Spanish
captain in uniform, who was ostensibly
a prisoner in the hands of the rebels,
and also a native officer. Arriving at
Guagua the town and a small gunboat
were found to be burning and the na
tives were evacuating the place in con
sequence of the bombardment.
At Sosmoan the landing party cap
tured a number of Filipino flags and a
quantity of arms, chiefly bolos and bows
and arrows, besides a lot of band in
struments which the men played as
they marched back to the boats.
Capt. Grant's expedition will prob
ably return up the San Fernando river
after having been reinforced with re
cently purchased light draft Spanish
DIED IN THE HOSPITAL.
Washington, May 8. Gen. Otis re
ports the following deaths: Variola,
May 3, Edward Vaughn, private. Com
pany C. Fifty-first Jowa: May 4, John
V. Smith, private. Company L. Four
teenth infantry: drowned. April 29. Wm.
L. Higgins. corporal, Company B. Ninth
Infantry: Harris W. Mallory. private.
Company B. Ninth infantry; septicumia
frem phlegmen, April SO, Myron
Stearns, sergeant. Company B, First
Nebraska; gunshot wound, accidental.
May 1. James S. Lynch, private Com
pany C, Ninth infantry; wounds in ac
tion. May 4, John C. Hoover, private
Company F. First Nebraska; typhoid
fever. May 5. Guy Neybergulo, private.
Company I, Twentieth Kansas; John A.
Moore, sergeant, Company K, Fourth
TO CLEAR OTTT BACOLOR.
Manila, May 8. To clear the Filipinos
out of Bacolor, about five miles south
west of San Fernando, will be the next
task of the Americans. The rebel gen
eral. Mascardo, has a force of 6.000 men
there, well armed and possessed of plen
ty of ammunition. His troops have
never met American soldiers, and they
think, according to reports carried to
San Fernando, that they can "whip the
Bacolor is well entrenched, and thous
ands of natives are working like
beavers, digging trenches and carrying
the dirt in baskets. The enemy uses his
riflemen for fighting only, but compels
the Bolomen and Chinese, and even the
women, to labor incessantly.
The rebel outpost is about a mile
beyond San Fernando with a trench
that holds between 200 and 300 men.
From that point several volleys were
fired last night upon the camp of the
Twentieth Kansas regiment.
Neither Maj. Gen. MacArthur nor
Maj. Gen. Lawton moved yesterday,
although each reconnoitered in the
country in his vicinity for some miles
from headquarters, developing the pres
ence of small forces of the enemy.
In the vicinity of Laguna de Bay the
rebels are extremely active, but the
lines of Gen. Ovenshine and Gen. Whol
ley. who are commanding Gen. King's
brigade during the latter's illness, have
been materially strengthened and there
is no danger in that direction.
FILIPINOS RETURNING HOME.
Washington, May8. The war depart
ment has received from General Otis a
dispatch giving the situation in the
Philippines, some parts of which have
been omitted by the war department in
making it public. The dispatch is as
Manila, May 8 Adjutant General,
Washington: Situation as follows:
Lawton at Maasin and Balinag. Scout
ing parties to the north and east. Mac
Arthur at San Fernando. Popula
tion of country between Manila and
northern points held by troops return
ing home. Appear cheerful and con
tented. Army gunboats operating in
rivers. Have cleared country west of
MacArthur of insurgents. " Signs
of insurgents' weakness more apparent
AIITHUR K. MOORK WOUNDED.
Washington, May S. The war depart
ment today received the following ca
blegram from Gen. Otis:
Killed Thirteenth Minnesota. Mav 4
company L. Private Fred Buckendof.
founded, company H. Private James
Barrett, shoulder, moderate. -
Second Oregon Company A, Captain
H. L. Heath, leg. slight.
Sixth artillery, company D, Private
A m. Betzold. arm, slight.
Fifty-first Iowa May 5. company C,
Private George Shannon, hip light
Twentieth Kansas Company H Pri
vate Arthur K. Moore, hand severe
First Washington April 27. company
H, Private Wm. Schermerhorn, arm.
A FILIPINO TRICK.
Manila, May 8. The Filipinos sur
prised the United States forces at San
- lernando with a daring trick on yes
terday. A railroad train with an en
gine at each end was run almost to the
American outposts and in plain sight
of the town. Before thev could be
reached a gang of natives sprang off
the train, tore up several lengths of the
rails, boarded the train again and
steamed away so quicklv that there
was no opportunity to capture the raid
ers. The Nebraska regiment is asking for
a. temporary relief from duty. Only 375
men of this regiment are left at the
INTO THE COURTS.
Governor of Colorado Threatens to
Take Question Volunteers'
Denver, May 8. Govenor Thomas has
announced that within a few days, if
President McKinley and the secretary
of war continue to ignore his communi
cations on the subject of the return of
the Colorado regiment from the Philip
pines, he will take steps with a view to
securing the immediate recalling of
"I cannot as yet say just what course
I shall follow," he said, "but I will
exhaust every resource at my com
mand to bring those boys home. I have
tried quiet, peaceable means and have
failed. Now I will be obliged to resort
to something more forcible and it will
be made public. Of course I do not de
sire to take any action that will un
justly hamper the administration, for I
am an American, but I do not propose
to sit idly by and see the volunteers
from Colorado fighting and dying in
the Philippines in defense of the policy
which is actuating those in charge of
the movements of our armies abroad.
"In the first place, .the volunteer
troops are being detained illegally and
In defiance of the constitution. They
enlisted for the Spanish war. That war
is over and stiil they are detained in
those far-off islands.
"Under the constitution the Colorado
volunteers will be perfectly justified in
laying down their arms where they are
and in returning to the United States.
If they should do anything like that,
probably they could be court-martialed
and punished under the strict letter of
military rule, but In that event this
same military rule would be placed
above the constitution of our repub
lic." It is regarded as possible that in the
event of the failure of any "public at
tempt" which may be made to bring
about the return of the troops, the gov
ernor will resort to legal proceedings.
If such proves to be the case, the su
preme court of the United States may
be called upon to decide a test case re
garding the powers of the president
and that provision of the constitution
relating to the purposes for which vol
unteer soldiers may be called into ser
vice. WOULD LOSE HIS CASE.
New York, May 8. A Herald special
from Washington says:
It is possible war department officials
say that the governor of Colorado may
be able to settle the question of the
right of the United States to use the
volunteers in foreign service before the
courts through the medium of habeas
This might be done on the allegation
that the volunteers are held against
their wishes. War department officials
say it would be easy to prove by the or
ders which have been issued that all
the volunteers were perfectly free to
ask for and obtain their discharge
when the treaty of peace was signed.
There is no doubt the authorities say
that the governor would lose his case if
brought on this point, but regard ha
beas corpus proceedings as the only
course open to him.
DEWEY WILL COME.
Just as Soon as the War is Over in the
New York, May 8. A special to the
Herald from Washington says:
There is every reason to believe that
President McKinley has been advised
that Admiral Dewey contemplates
coming home in a short time. His re
turn will, of course, be depehdent upon
the success of the commission's present
negotiations with the Filipinos.
As soon as they have laid down their
arms it is expected that he will pro
ceed with the protected cruiser Olympia
to the United States, probably through
the Suez canal to New York, and come
immediately to Washington to consult
with the president regarding the Phil
ippines. Weather Indications.
Chicago, May 8. For Kansas Fair
tonight; partly cloudy Tuesday; varia
Mrs. Frederick J. Funston,
Kansas people know little of Mrs.
Frederick Funston. When Col. Fun
ston joined his regiment at San Fran
cisco the final romance of his life had
not budded and it was with surprise
that his friends read, just before the
regiment sailed for Manila, that he had
been married to Miss Ella Blankhart of
Oakland, Cal. Gen. Funston acted in
selecting a wife just as he always has
and consulted only the dictates of his
own mind and the young lady.
People say that Miss Blankhart was
a music teacher and that her parents
are not wealthy but she is described as
being a your.g woman of rare modesty
and accomplishments and of eminently
Mrs. Funston Is with her famous hus
band. How she got there is a question
Hurls Her Two Children From
In the Second Story of Her
Home in Chicago.
THEN JUMPS HERSELF.
Girl Baby Two Weeks Old
Wrapped in Blankets
Was Uninjured by the Fall of
Chicago, May 8. In a moment of frenzy
Mrs. Victoria Beck, of 1440 North Ashland
avenue.seized her children, Joseph, 6 years
old, and a girl baby born but two weeks
ago, and threw them from the second
story window to the ground shortly be
fore 1 o'clock yesterday afternoon. Then,
looking- out upon the little ones who lay
on the ground twenty feet below, she
stepped back and herself plunged, head
foremost, through the window.
The infant child was uninjured by its
long fall and when picked up a moment
later by neighbors was not even crying.
Little Joseph sustained a fracture of the
right arm, a sprain of the wrist and prob
able internal injuries. Mrs. Keek's left
ankle was fractured and she was severely
bruised. All will probably recover.
Emil Beck, the woman's husband, who
is employed at the Ueering harvester
works, was absent from home at the time.
Mrs. Beck is believed to have been men
tally deranged as the result of her recent
illness. The crying of the baby is said to
have lashed her into madness which was
only -intensified by the pleadings of the
little brother when he saw her seiz? the
infant in her a.rms. Not until she could see
the children below her, it is believed, did
bhe realize what she had done. Then,
at" ier a moment's pause, she sought to
end her' own life.
"Are they injured?" she asked, while
she was yet lying upon the ground. "When
informed that they were only slightly
hurt, she appeared pleased.
Miss Schwartz, who lives at l-t3G Ash
land avenue, was the only eye witness of
the deed, although a half dozen of the
neighbors were upon the scene a moment
afterward. The young woman was
standing in the yard when she saw M rs.
Beck come to a rear window on the sec
ond floor of the adjoining building and
throw it open. There was a faint cry and
then a bundle wrapped in blankets came
tlying out and fell upon the ground. A
moment later she saw the boy struggling
in his mother's arms before the opening.
She cried out to Mrs. Beck, but the Tatter
did not heed her crips. She raised the
child over the window sill, and the lad
seized the shutters with his hands to save
himself, though it took but a moment's
time for the mother to force him down.
He was rendered senseless by his fall.
Then the mother threw her own body
within a few inches of the children.
Aliss Schwartz's screams aroused the
neighbors. Mrs. Henry Schmidt, of 817
TMversey avenue and L. Deutsch, of lti9
Jlacine avenue, were the first to reach the
yard. Mrs. Beck was then conscious and
she inquired for her children. It was
found that the baby was uninjured, prob
ably on account of the blankets in which
it was wrapped, though the boy appeared
to be seriously hurt.
Mrs. Beck is 36 years old and she Is
said to have acted strangely ever since
the child was born. Physicians at the
hospital say that she is demented.
CHICAG0T0 KANSAS CITT.
May Irwin Special Breaks the Record
by Forty Minutes.
Kansas City, May 8. May Irwin Is
noted for being a record breaker, and
when she makes up her mind a thing
can be done she usually brings others
to her way of thinking. However, she
convinced the Alton people in Chicago
that the road was in condition to break
the record between Chicago and Kansas
City, which was 11 hours and 20 min
utes and they did it by 51 minutes,
although they only promised to reach
Kansas City at noon, or 40 minutes un
der the record.
The May Irwin special left Chicago
at 11:58 Saturday night. General Su
perintendent Gray gave It a clear track
and Engineer Barker with old 47 went
out of the depot with as much speed
Who Is Now In Manila.
that has caused endless discussion. The
story that reads best is that she dress
ed in men's clothes and boarded the
transport as her husband's valet and
that being discovered she was com
pelled to leave the boat at Honolulu
and followed on another ship.
But E. H. Funston, father of the
general knocks all the fascination out
of the story by saying that Mrs. Fun
ston paid her passage on the transport
and was given permission to accom
pany her husband by the secretary of
It matters little how Mrs. Funston
got to Manila or how brief was her
courtship, when she returns to Kansas
she will receive a royal welcome. Kan
sas is anxious to see the little lady who
won the heart of brave Fred Funston.
as the city ordinances allow, but when
he reached the open he pulled the throt
tle and celled for more steam. Bloom
Ington, 127 miles away, was reached in
154 minutes; a moment for water, and
then old 47 was given its head, and the
way it left Bloomington made the sta
tion master think it had run away.
Out into the night went the special and
not a stop did it make until Roodhouse
was reached. 111 miles from Blooming
ton in 125 minutes.
At Roodhouse Engineer Seward, with
engine No. 20, was waiting for the spec
ial. His orders were plain: "Clear track
to Slater." There was no misunder
standing the meaning. Over the bridge
into the darkness sped the special on its
journey to the western metropolis. Sla
ter was 157 miles away, but Seward
knew what was expected of him, and
he pulled into Slater ahead of time,
where Engineer Mead, with engine 217,
with an order reading "Get to Kansas
City: clear track all the way," was
waiting: and he got i here, the 252 miles
between Roodhouse and Kansas City
being covered in 350 minutes, and a new
record for fast running between Chicago
and Kansas City made.
AS LOYAL AS NEW YORK.
Statement of the President of Negros
New York, May 8. A Journal and
'I once thought
Advertiser special from Hong Kong
M. Lacson, brother of the loyal presi
dent of the Island of Negros, arrived
here today bearing a letter of introduc
tion from Gen. Otis. His mission is to
purchase steamers for trade among the
islands under the American ag.
In an interview M. Lacson said: "The
proclamation of the American commis
sioners is entirely satisfactory. It gives
us autonomy and greater liberty than
we demanded. We believe that Ameri
ca will not fool us with treaties as
Spain fooled us.
"Aguinaldo was honest as long as he
was under the inftuenee of Dewey and
Wildman, but he listened to the state
ments of the Hong Kong junta, who are
"Negros wants nothing to do with
Aguinaldo's proposed peace conference.
We are as loyal as New York and our
soldiers now march under the American
IS THERE NO HELP?
Must Life of People Be Continu
ally Jeopardized by a
With a revolver nearly a foot and a
half long, of ancient make and 45 cali
bre dimensions, a hearty jag and un
steady step. Hank Vansciever started
to have the citizens of North Topeka
evacuate in order that he might rule
He started in at the bridge and the
first persons he met were ordered, in
true highwayman style to hold up their
hands. The yawning cavity of the re
volver did not look inviting and they
complied and were told to march on.
The man in a drunken frenzy paced
up Kansas avenue flourishing his re
volver and defying anyone to capture
him. He paid little heed to where he
was going and fell in to an areaway.
When he reached the bottom he was
content to sleep there and when the po
lice found him he was in a sound slum
ber. It took four men to lift him out
and load him into the patrol wagon and
it was morning before he awoke and
found himself behind the bars. Van
sciever is charged with shooting Chris
Jensen and is out on bail.
MR. GAGE IMPROVING.
Recovery Very Slow Owing to Nature
'The condition of G. G. Gage, who was
taken so seriously sick on last Tuesday,
is slightly more favorable this morning.
The Journal is authorized by his fam
ily to state for the information of his
many friends that his ultimate recov
ery, which there is reason to hope for.
must of necessity be very slow when
the nature of the disease and the vio
lence of the attack are considered.
Pope list Fhjsician Displaced.
The state board of charities has re
moved Dr. S. B. Wilson, physician at
the deaf and dumb school at Olathe
and elected Dr.H. E. Williamson to fill
the vacancy. The board at the meeting
next month will elect the teachers for
T$'fia I' HE aAnts
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IT IS GAMBLING.
Slot Machines Are Under Ban of
Playing For Cigars No Longer
Case May Be Taken to Supreme
"Plainly a Gambling DeTice,"
Says the Judge.
The slot machines must go. Judge
Hazen officially decided today that
they are gambling devices within the
meaning of the Cubbison anti-gambling
law, and he granted a permanent
injunction against their running. This
I was the whole thing!"
St. Louis Republic.
means that any one operating or play
ing a slot machine is liable for prose
cution for gambling. The case will pro
bably be appealed to the supreme court.
The case in which the decision was
made was on the application of the
state for a permanent injunction to re
strain George Burghart from operating
a machine. This was one of 13 similar
cases brought through the efforts of
the Good Citizenship federation, and a
test was made in the Burghart case.
In rendering the decision Judge Ha
"The question involved in this case is
whether a slot machine is or is not a
gambling device. I don't know as it is
necessary to describe the particular
slot machines which were in use in this
case you all probably know what they
are. (Laughter.) A slot machine in
general is a contrivance in which you
drop a nickel and if certain things re
sult you received 50 cents worth of to
bacco or cigars: or, you may lose your
nickel and get something. Under other
circumstances ycu may get 25 cents
worth of tobacco or cigars. There is a
question in the minds of some people
whether this constitutes gambling. But
supposing you raise the amount. Sup
pose you drop in a dollar, and if the
chances are most favorable to you, you
get back ten dollars: or, you lose your
dollar entirely. There is scarcely any
one who would not call that gambling,
and it strikes me that the principle is
the same. It is impossible for a court
to say that dropping a certain amount
in the machine does not constitute
gambling, while dropping in a larger
amount is gambling. I don't see the
difference between a slot machine and
a wheel of fortune, in principle. You
know what wheels of fortune are you
have seen them at county fairs. The
difference between the -two is that in
the wheels of fortune' you play your
money on a color instead of placing it
in a slot. The law names wheels of
fortune in its prohibitions.but it doesn't
name slot machines. It does say, how
ever, 'all other gambling devices.' I
think the slot machine is a gambling
device and the injunction will be made
TRAINING AT YELLVILLE.
Treasurer Grimes Preparing For His
Debut as a Ball Player.
F. E. Grimes, state treasurer, has
gone to Yellville, Ark., and it is an
nounced, upon his authority, at. the
treasury department that the treasurer
has gone to invest in some mining pro
perty there. This is a good bluff and
Mr. Grimes may buy some land but the
facts are that he is training for the
great base ball game between the state
house and newspaper teams.
He selected Yellviile and the adjacent
piney woods as the most acceptable
place on earth where a man may suc
cessfully qualify himself for the" ardu
ous duties of principal coacher and
manager of. the reconcentrados from
Not Tardy in 4 Years.
Glen Wycoff. a ten year old boy of
Conway Springs has neither been ab
sent or tardy from his school since the
first day he entered, over four years
ago. Miss Blanche Marshall of Spring
Hill district near Conway, has never
missed a day nor been tardy once in
v three years. Wellington Mail.
I -r- ' .ij FUNZ Tn,
A SCHOOL OF TRAINING.
The Rock Island Issues Circulars in
Regard to Hot Box Cooler.
The Rock Island has issued the fol
lowing circular to trainmen:
"This company has recently adopted
the Cook hot box cooler, an appliance
for cooling hot boxes while the train is
running (see directions for using cooler).
It will be made a part of the equipment
of all passenger and freight trains.
Each baggage and caboose car will be
furnished with one or more of these ap
pliances. On the inside of each will be
found braces for setting hooks into the
car sills,, a rack for holding the cooler
when not in use, and printed instruc
tions for its use. The rack is to be
fastened up in some convenient place in
in caboose or baggage ear; the cooler
must at all times be kept in this rack,
clean, and in good condition, ready for
instant use. The instructions for the
use of the cooler must be tacked in some
well lighted, secure place in your cars
and studied by all trainmen, and you
must at all times apply the cooler ac
cording to these instructions.
"At each division point will be found
a set of charts in heat colors, showing
the mechanical and chemical changes
that take place in hot boxes at the
various degrees of heat, and the damage
done to them in sudden cooling by dash
ing them with water while standing un
der a load. Hanging with these charts
will be found a little box, called the
key, describing each figure on the
charts. You are expected to study
these charts and be prepared to answer
questions when called on to do so,
touching the action of car axles when
heated out on the road, and your abil
ity to stop the loss of time and waste
of material caused by them. A school
of instruction will be held at each di
vision point, at which time the question
of hot boxes will be taken up. You
will be shown an improved method of
caring for car journals that will great
ly reduce the number of hot boxes,
by a more intelligent and thorough
method of packing and inspecting them,
andof coolingthem without loss of time
or waste of material when they occur.
"Every trainman is expected to at
tend these meetings when notified of
the time and place they are to be held.
Every employe will be expected to reg
ister his name in his own handwriting
at the close of each meeting, to show
that he has been present."
WALKER TO BE REMOVED.
From Comanche and Kiowa Indian
Washington, May 8. It is understood"
that William Walker, agent of the Kio
wa and Comanche reservation in Okla
homa, will be removed during the com
ing week, as the result of investigations
which have convinced the commission
er of Indian affairs that a change is de
sirable. It is also understood that Tom
Reid, speaker of the Oklahoma house of
representatives, will be appointed to
succeed him. His appointment is look
ed for early this week.
The Anadarko agency is usually en
veloped, in trouble of financial origin.
The grazing leases and agency stores
prove a never ending source of trouble,
Mr. Walker, like his many predeces
sors, fell Into it and has always been in
trouble. He is well known in Oklahoma
and Kansas, having been quite promi
nent in Harper county for a number of
JAKE ADMIRE' S BOY.
Ran Away From School to Join the
Guthrie, O. T., May 8. Eli L. Admire,
of Kingfisher, whose appointment as a
second lieutenant in the regular army
was made last week by President Mc
Kinley, took to soldiery naturally and
came near being a student at West
Point. He received an appointment
from Delegate Dennis Flynn, but was
unable to pass the physical examina
tion. J. V. Admire, the young man's father,
sent him to Chicago to be operated up
on for his troubles, and, the operation
proving successful, he left the hospital
much better, physically, than he had
ever been before. He entered a busi
ness college in Chicago and his parents
believed he was attending it faithfully
until a few months ago they received
a letter from him postmarked at a
Cuban town. They found then that he
had enlisted as a private in Company
C, of the First Illinois, and had been
sent to Cuba with the regiment. The
boy reported his health as good and
said he was pleased with soldier life.
ESTIMATE OF 20,000,000.
As the Klondike Output Is Now Said
to Be Below the Mark.
San Francisco, May 8. A letter from
Dawson dated April 8 says:
The Yukon Sun estimates the total
output of the Klondike region for the
winter of 1898-99 at $20,000,000. It is
doubtful if this estimate is up to the
mark, which may reach twice that
amount. Notwithstanding the predic
tions of last fall to the effect that the
Canadian royalty would stop work,
more dirt has been taken out this year
on creeks outside of Eldorado and Bon
anza than was taken out in the whole
district last year.
There has been a general exodus to
the creeks, of men seeking work and
the trails where dumps are thickest are
lined with the tents of those seeking
employment during the clean up.
Michael Escherg, who claimed to rep
resent capitalists anxious to invest in
Klondike properties, is accused of de
frauding several persons by obtaining
money by false pretences. He has been
arrested and turned over to the Cana
dian authorities after an unsuccessful
attempt to rescue him had been made
IT DOES LOOK QUEER.
Duke of Cambridge Calls Attention
to Talk of Peace and Increas
London, May 8. The duke of Cam
bridge opened Imre Kiralfy's Greater
Britain's exposition at Earl's Court to
day in the presence of a distinguished
company which included representa
tives of several colonial governments.
In the course of his speech the duke
of Cambridge emphasized the fact that
he and other members of the royal
family desire to do everything to
strengthen the ties between Great Bri
tain and the colonies. His grace said
that'Tt was a singular fact that with all
the talk of peace, all the nations are
going ahead with armaments. If the
czar's conference resulted in any steps
tending to lessen the burden upon the
people and to insure peace, those sug
gestions would be sincerely welcomed
by England. At the same time the
duke of Cambridge said he congratu
lated his audience on the preparedness
of the country and the undoubted loy
alty of the colonies.
Judge Hazen Puts a Stop to
Says There Is No Reason For
Action of Plaintiffs.
Controrersy Might Have Been
Settled by One Case.
Injunction Against Men Who
Brought Suits Granted.
The telegraph companies won first
blood in their litigation over the new
rate law passed by the special session
of the legislature. Judge Hazen today
overruled the demurrer of the defend
ants in the injunction suits that have
been brought by the companies to stop
the prosecution of the large number o
suits which have been brought before
Justice of the Peace Wright under the
special session law.
Judge Hazen first decided that the
Nebraska freight rate decision in the
United States supreme court applies to
this caseand that the constitutionality
of the special session telegraph law
rests on whether or not the rates stab
lished by it are so low that they are
confiscatory. The principal ground on
which the demurrer was overruled,
however, was the multiplicity of suits.
"One plaintiff,'" said Judge Hazen, "had
brought 200 separate suits, all founded
on a single transaction, in a justice's
court, when he might have come into
the. district court and settled the entire
controversy in a single suit.
"If there ever was a case," continued
Judge Hazen, "or ever will be a case,
where a court of equity ought to intei
fere, it is in this one."
Judge Hazen therefore decided that
the multiplicity of suits brought by the
defendants in the justice's court was
vexatious and oppressive, and that the
telegraph companies had a cause of ac
tion in applying for an injunction.
"There are 542 of these suits filed in
that one court," said Judge Hazen.
"and it is alleged that it will take two
days to try each case, which means that
the litigation already tiled would last
for more than three years."
The demurrer is sustained so far as
Justice of the Peace Wright is con
cerned. Judge Hazen holding that theie
wa3 no cause of action against iiuri.
This leaves the way, open for the filing
of other suits by other plaintiffs and
other attorneys, if any one wants to try
it, but the telegraph companies can im
'mediately make them parties to the in
junction suits which are now pending.
Judge S. H. Allen, representing ere
defendants in the case, asked for twen
ty days in which to file an answer to
the petition for an injunction, which
was granted. The real arguments on
the constitutionality of the law will
come up on the hearing of the ap
plication for the injunction.
E. D. McKeever is in New York now
to be present when the Western Union
takes depositions in support of its al
legations in the case.
BE A FARMER.
Bishop Vincent Says Salvation of
Coming Generation Is Respect
For Manual Labor.
Bishop John H. Vincent preached the
baccalaureate sermon to the high school
graduating class Sunday morning at the
First Methodist church.
The class numbers forty-eight and does
not graduate until May 26, but the de
sire of the class was for Bishop Vin-
i cent to preach the baccalaureate ser
mon and as he could not comply at any
other date the sermon was given in ad
vance. The church was crowded. The
members of the class had seats in front
of the pulpit, and the gay hats of the
girls were in the majority.
Bishop Vincent said he would give lit
tle for a person who did not dream and
who consequently had no hopes for fu
ture greatness. "All great movements
in this world were first produced by
imagination," said Bishop Vincent. "Ar
tists first imagine their work. The
architect first sees the great cathedral
in his dreams. Dreams can not always
be depended upon, but they are very
likely to express dominating forces.
What a man is he dreams. Men dream
what they desire and dream what is
within their grasp.
"Joseph dreamed he was a loader.
He told his brother and father and they
scorned him. It was not politic, but it
was truthful. Joseph was sold into
Egypt to a captain and soon he had
charge of everything. A man who has
the power can rule. The king needed a
dreamer and sent for Joseph. When,
Joseph stood before the king he told his
dreams and Joseph interpreted them
and Pharaoh made him prime minister.
The king bowed before the saver of
"He dreamed what he could do. Jo
seph was sold for twenty pieces of sil
ver. Those who bought Joseph did not
know they were buying their king or
they would have paid more."
In speaking of the work the class had
done, he said: "You are not at the
mountain top. but at the base. But you
have finished something. I speak to you
out of a full heart, believing that the
picture I have given is worth living. I
wish I could persuade you to go fur
ther up the mountain and take a college
"You have a college here, and let me
say that these little country colleges
are perhaps better than the great ones.
There has been an undervaluing of the
small colleges. The one we have here
is one to be proud of. Some think that
only professional persons, need a col
lege education. If you are going to be
a blacksmith or a farmer, go to college.
I find that none in the class Intend to be
farmers, but I should be glad if I found
fifty were going to be. If I had six
boys who were going to be farmers I
should want all to go through college.
If ten boys here get farms and work
them the example will be a Godsend to
the public schools. The salvation of
the coming generation is faith in and re
spect for manual labor, the farm and its
development and mechanical pursuits."
Bishop Vincent told the class that
they could be proud of the fact that
they graduated at the close of the cen
tury, "when the republic of which you
are a member was never so powerful
the world over and never so respected.
You can be proud that you are from
Kansas Man was made for dominion.
Joseph dreamed of it. May God giva
you faith in the invisible."
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