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The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, December 10, 1900, LAST EDITION, Image 1

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn82016014/1900-12-10/ed-1/seq-1/

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Order Closing, ttis Sliops Is
GountBrmandBd Sunday.
Ilea Go Back to WorHli
Officials Say TelegraphStrike
Is a Failure.
Only a Small Proportion of
Men Are Out.
Say That tlie Strike Is by
No Means Over.
Trains Running Today on
Schedule Time.
The Santa Fe officials say the tele
graph strike is practically over. Officers
of the O. R. T. insist that it is a success.
The Topeka shops were reopened this
Santa Fe officials were ready to class
ify the telegrapher's strike a. failure by
Sunday afternoon. The first move indi
cating that the officials considered they
held the situation well in hand was
when the order to close the Topeka
shops was countermanded.
Central JIana-g-Jr .Sluice notified As
sistant Superintendent of Machinery R.
P. C. Sanderson to continue work" as
usual Monday morning. The notice
posted late Saturday evening was ac
cordingly taken down and the order to
work took its place. Callers were sent
nut to notify the men of the change in
plans and tell them to report for work.
This determination was reached Sun
day. ,
Concerning the revocation of his gen
eral order to heads of departments, is
sued before the strike. General Manager
kludge said:
"The strike amounts to so little and
the situation is so favorable that to
shut down the shops is not necessary.
I told Mr. Sanderson that such was the
case and it was decided to open the
shops as usual. Mr. Sanderson sent for
the men in order to have a full force on
tiand in the morning.
"Mr. Storey, the chief engineer, had
also suspended some work under his
' Jurisdiction. He recalled his men also.
"These orders were not drafted," he
eaid in answer to a question. "I gave
them verbally.
"If the operators had succeeded in
tieing up the system and prevented the
operations of trains we would have had
nothing for the men in the shops to do.
As it is, with our trains running very
close to schedule i.nd no practical in
terruption to our business, there will be
the regular work to do and no reason
why it should not be dene.
"We have word that on the California
lines the operators are back to work;
on the Southern California and San
Joaquin Valley there are none out.
They went out when the order to strike
was sent but came back shortly after
ward. They have no grievance and are
under contract. On the Santa Fe Pa
cific there are about 50 operators out.
is our information. One hundred and
twetny-three fen went out on the G-ulr
line in the original strike, which was the
,vhole number employed."
From the division reports a compila
tion of the number of operators who
went on strike on the A. T. & S. F.
proper was made. Of the 566 operators
n the main line and branches rrom
Chicago to the western terminus. 22i
went out according to this statement,
Issuing- from the general superintend
ent's office.
On Chicago division 67 out of 141,
J-.astern division 6 out of 105, Oklahoma
division 2S out of 37. Middle division
(main line and Hutchinson branch) 24
out of bo. W estrn division 66 out of 76.
New Mexico 2d out of 67. Rio Grande 3
out of 23. Southern Kansas of Texas
i-u' cf 6- Panhandle (main line) 6 out of
bo:1K1a.nsas min line and Girard
branch) 1. out of 41.
On the whole Santa Fe svstem there
are about 1.200 operators emploved Of
this number the reports given' out bv
the officials account for 402 beinir on
"1 never saw such a fizzle of a strike
In all my experience." said General Su
rerintendent Resseguie. "The figures
show the defection to have been strong
est on the Oklahoma division and the
"western division. On the other divisions
the number of operators who went out
"Was very light. Proportionately more op
erators went out on the western than
on the eastern divisions.
"Vacancies were nearly all filled on
the Chicago division yesterday and half
of those on the middle division were
filled up by last night. Some of the men
who went out were applying to be taken
back Sunday morning. I understand. I
don't know that any have been re
employed. President Ripley is firm on
that point.
"As far as the operation of trains is
concerned, we have kept them running j
uninterrupted and close to schedule. In
effect the strike is over."
The company's confident attitude was
further strengthened by the following
dispatch from Williamsburg, Kas.,
taken off the wire after the strike order
had gone into effect:
"To M. M. Xi-rtnhin, President O. R. T.,
St. Louis. M'.a
"Santa Fe membership will stand
loyal your call Gulf cause, but don't
confirm Newman's newspaper state
ments. We have no grievances Santa
Fe proper justify strike.
A. B. Harding was O. R. T. chairman
of the Santa Fe system until a few
months ago. J. A. Newman, ia now
general chairman.
From the beginning of the trouble the
effects of the strike has been percived
but little here. Trains ran in and out
of Topeka over Sunday, east and west,
as per schedule. Some were on time,
some late. The California Limited made
its Saturday night run through Topeka
an hour and a half late, and caught up
to fifty minutes behind schedule at
Dodge City. No. 7 was behind it. Sun
day morning No. 8 was an hour behind
time. No. 1 was an hour late, yet came
in ahead of No. 5, which was laid out
over two hours. No. 6 was on time, as
was also 406. No. 2 was two and one
half hours late.
The company has been sending men
out to take the strikers' places steadily.
"We have been having an increase in
applications for vacancies right along,"
said Superintendent of Telegraph G. C.
Sholes. "Seventy-five men were sent
down on the Gulf before the strike be
gan here. They are getting In fair op
erating shape down there now. We are
disposing the men in other places now
as they come along".
"We are having working force suffi
cient in this office to handle our busi
ness , and will have a full force to
night. We are filling in the divisions
where a larger number of men went out
first. You hardly know there is a
strike. I am confident that by the end
of the week everything will be straight
ened out and the fact of a strike will
hardly be known." -
According to members of the Order of
Railway Telegraphers, the struggle is
still on. Sunday business was light.
they say, and the rush of the week Just
opening will try out matters. They look
for help from affiliated lines and other
orders. '
Division Chairman Whitney came up
from Newton, meeting with Division
Chairman W. A. Purkett and the strik
ers at this point, arranging plans of
campaign. Mr. Whitney says: "The
men all went out at Newton, and made
a strong stand on the middle division."
Advices were received by the teleg
raphers to the effect that trainmen were
going out on the western division, also
that the trainmen nn the Gulf, Colorado
fe Santa Fe had given the officials of
that road until 9 o'clock Monday morn
ing to settle with the telegraphers or
thev would strike.
ll C. Badgely, one of the local leaders,
said: "We have advices that the opera
tors on the Missouri Pacific stand ready
to go out in sympathy. While it would
not directly affect our position, it would
be an indirect support. The O. R. T.
has 26.000 members, and if the move
ment is started a general calling out
would tie up the roads of the country.
We also have information in an indirect
way that the conductors and engineers
on one of the western divisions will take
up our cause if we hold out for four
"We are accused of breaking a con
tract with the company. This is not so
Article 30 of our schedule has not been
violated by us. It does not apply in
this instance. It has nothing to do with
going out of service. Thirty days'
notice to quit has never been given.
Telegraphers are not required to give
thirty days' notice when they quit,
neither does the company give thirty
days' notice in discharging a man.
"The contract, as far as there is a
contract, is to give thirty days' notice
when a change is wanted in the wage
schedule or rules and regulations. It
doesn't say anything about working. If
the company wants a change in this
book they give notice and the teleg
raphers have thirty days in which to
accept or decline. If the men want a
change in the schedule they give notice
to the company for the same period.
"We have not asked for any change
in our schedule. We have not violated
Article 30 by our action. This paragraph
from the schedule has been put before
the public with a partial explanation. To
say that we have broken our contract
by leaving our desks when called out in
support of the telegraphers on the Gulf,
is putting a meaning into the para
graph that is not there in the words.
"There are things in the schedule
constantly violated by the company, for
that matter. The telegraphers let them
go without presenting grievances. I
could name you instances. For example,
one rule calls for ten hours' duty in
certain offices, including one hour for
dinner. That makes nine hours of work,
doesn't it? Well, if a man lays off a
day ten full hours is deducted from his
Here is Article ?.0:
"Article XXX The Atchison, Topeka
& Santa Fe Railway company, on its
part, and its telegraphers on their part,
do hereby agree that they will perform
their several duties and stipulations
provided for in this agreement until
thirty days' notice has been given by
either party to the other, requesting a
change in same."
Chicago, Dec. 10. From advices re
ceived today the officials of the Santa Fe
company are fully convinced that the
telegraphers strike is nearly over. At
10 o'clock Third Vice President Barr re
ceived from General Manager Mudge, at
Topeka, the following message:
"Newman at Wichita, is sending mes
sages to all operators telling them that
they have agreed with President Ripley
to arbitrate and that they can return to
work subject to call again."
Regarding this message.Mr.Barr said:
"So far as the railroad company is
concerned there has been no agreement
to arbitrate and this action on the part
of Newman simply means that the
strike is fizzling out."
President E. P. Ripley confirmed Mr.
Parr's assertion that there had been no
agreement to arbitrate and emphatical
ly reiterated his statement of Saturday
that no operator who had joined this
strike, in violation of the agreement with
the company would be re-employed.
Wichita, Dec. 10. The following state
ment was issued at 11 o'clock by General
Chairman Newman of the Santa Fe sys
tem of telegraphers:
"At this hour the situation is brighter
than ever has been since the strike was
inaugurated. Word has come to me
from different sources that the Santa Fe
officials are sending out bogus telegrams
over my alleged signature, wherein I
order the men to return to work, as the
strike is temporarily adjusted. I brand
this and all similar statements a base
lie, made use of by the railroad officials
to deceive the operators and to get them
to return to work, in order that the con
gested condition of freight and pass
enger traffic may be relieved. During
the past eighteen hours 25 or 50 men
have quit who do not belong to the
union but were taken in to fill the places
of the strikers. The fact of the mat
ter is, that right In this city, L. B. De
laney, agent of the Santa Fe, H. A.
Tice, superintendent of the Santa Fe, R.
A.Torrington, district freight agent, and
Traveling Freight Agent Warren L. E.
Damon, traveling auditor, all of whom
at some time in their lives have been op
erators, are now along the line at Mul
vane and Oklahoma City, handling the
keys personally as no operators could be
obtained. J. H. Westcott. night chief
dispatcher at Arkansas City, the center
of the trouble has been transferred to
W'ichita. The Missouri Pacific will give
us both moral and financial assistance,
, but we do not expect them to go out on
a sympathetic strike at this moment.but
if any attempt is made by the Santa Fe
to pass freight over the Missouri Pacific
the operators of that road will leave the
keys at once. This I can say after a
consultation with representatives of
that system. The same is true with the
operators of the Frisco, the Southera
Pacific and the other roads that connect
with the Santa Fe. Wherever there is a
joint office of the Santa Fe and Frisco
both offices are closed, so far as the
strikers are concerned and the red board
is out."
Wichita, Dec. 10. The following mes
sage was received by Mr. Newman, gen
eral chairman of the Santa Fe teleg
raphers from St. Louis where the head
quarters of the order is located and
where they receive reports as to the con
dition of affairs on the entire Santa Fe
system this morning:
"St. Louis, Dec. 10. J. A. Newman,
Wichita, Kan.: Progress of strike en
tirely satisfactory. President Dolphin
is in Galveston personally directing af
fairs. Our success assured beyond
doubt, if men stand firm. Ninety-nine,
per cent of the men on the Santa Fe,
Pacific, Southern California, Valley line
and the Gulf, Colorado & Santa Fe are
out and over 95 per cent of the Santa
Fe proper. It is absolutely necessary
that all men stay out to the end for de
feat at this time would mean the abdi
cation of the schedule on the whole San
ta Fe system. Pay no attention to
newspaper stories of railroad officials
that they are hiring large numbers of
men and that many of our men are re
turning to work. Both are untrue and
are made in, the hope of weakening the
men. They cannot fill strikers' places.
Twenty-four hours more will bring vic
tory to us. See that all your territory
gets this at once and urge them to
stand firm. (Signed),
"Grand Secretary and Treasure!"."
Messages to Mr. Newman say:
"The Valley line reports that all are
solid and firemen and trainmen are rest
less." The Santa Fe Pacific reports only
three men working on entire system.
"The New Mexico and Rio Grande di
visions report everybody out but four
men and we have a representative on
the way there to get them out."
Mr. Newman said: "The company is
sending the following message out
broadcast all over the system: 'Newman
has declared the strike off and ordered
the operators to return to work.'
"This is absolutely false. We are
winning and the men are standing firm.
This shows the desperate straits in which
the company stands."
Mr. Newman says that when the
strike is off, he will notify all local
chairmen and they, instead of himself,
will trder the men back.
President Dolphin advises from Gal
veston that the men in the other de
partments have already taken action
looking to the immediate cessation of
the strike, they having wired the offi
cials that the strike must at once be
stopped or will involve the entire train
Mr. Newman advises that the Okla
homa division is out solid with the ex
ception of three operators.
Superintendent Tice and Chief Dis
patcher and Operator Westcott from
Arkansas City, are endeavoring to fill
the strikers' places in Wichita.
"We are bound to win out and the
prospects have never seemed so bright
since the inauguration of the trouble,"
said Mr. Newman. "The message sent
from Topeka by General Manager
Mudge that I have declared the strike
off is utterly without foundation and
General Manager Mudge knew that he
was stating a falsehood when he sent
the message. Such disreputable tactics
would be beneath the dignity of any
gentleman. We will not arbitrate under
any circumstances."
Chicago, Dec. 10. President Ripley of
the Santa Fe company characterized as
"absurd and wholly untruthful" Chair
man Newman's charge that the railroad
officials had been forging his name to
bogus telegrams to the striking opera
tors. "It might be possible," said Mr. Rip
ley, "for some one to impose upon Mr.
Mudge, but it is ridiculous to accuse Mr.
Mudge or any other officials of resorting
to forgery and bogus telegrams in this
La Junta, Col., Dec. 10. There is no
change in the strike situation here to
day. The Santa Fe sent the regular
trains out as usual as well as several ex
tra freights. The passenger trains from
the east were late, but some time was
lost east of Dodge City, Kan. The train
master's office reports six offices open on
this division between La Junta and
Dodge City and a regular force of dis
patchers is still on duty here. Railroad
officials say they are getting along very
About 150 in the mechanical depart- i
ment of the railroad shops were laid off
temporarily this morning. It is reported
that two carloads of operators left Chi- I
cago yesterday and others are to follow.
The officials claim they will have all tie
men they can use in a few days.
Wiehita, Kan., Dec. 10. All Santa Fe
passenger trains are on time. No extra
freights or specials are being run.
Cedar Rapids, Dec. 10. E. E. Clarke,
chief of the Conductors Brotherhood, to
day made emphatic denial of the report
that the order had promised aid to the
telegraphers in the Santa Fe strike. He
added that, in his opinion arbitration
should settle such disputes.
Peoria, III., Dec. 10. Grand Master
Sargent of the Brotherhood of Locomo
tive Firemen this morning denied the
report very largely circulated, that the
firemen on the Santa Fe would strike
out of sympathy for the telegraphers of
that read. He stated that the brother
hood which he represents would not
drawn into the controversy in any man
ner and that there would be no attempt
made on its part to tie up the Santa Fa
system. Grand Secretary Arnold, of th?
brotherhood left today for Galveston,
.Continued on Sixth Page.J
Florence Sells Exhibits No Pitj
For Iter Mother.
Gives Most Damaging Testimony
Without, a Quaver.
Her Sods Disturb the Court as
Daughter Concludes. -
Forbids Her Attorneys to Cross
Examine Florence.
First Witness Tells of Peter
Sells' Escapades.
Saw Him in Questionable Resort
at Chattanooga.
When Florence Sells resumed the
stand in the divorce suit of her parents
she was very self-composed.
Her voice was in good shape and
clear. Peter sells accompanied his
daughter into the court room and con
ducted her to the witness chair.
Florence told of presents of perfumes,
wines, candies, etc., which William' Bott
had presented to her mother. These
presents were made very frequently.
Bott had also given her mother diamond
rings. Her mother had told her about
these presents.
She didn't know what kind of liquora
Bott had given her mother, as she was
not versed in such matters, but some of
them were green and in fancy bottles.
She told of her mother drinking beer,
and described where it was kept. She
purchased her beer from Bott. She
would telephone Billy to send up the
beer. She had seen ner mother fix the
lock to the side door so that Bott could
enter without ringing the bell.
Florence had driven her mother down
town in the afternoon, and had let her
out of the buggy. She had seen her
mother on such occasions enter a block
and ascend the stairway to Bott's
rooms. At such times her mother would
tell Florence to meet her at 5 o'clock,
and under no circumstances to return
to the house until her mother was with
Florence told of some presents which
had been sent her. She said that on the
night of October 23, 1899, she spent the
night at the home of W. A. Hardesty.
Florence told of hf?r mother giving
her and all other members of the fam
ily tickets to the show of Buffalo Bill,
and how anxious she was to have them
all away from the house. Tom Hard
esty took Florence to the show.
She said her mother's hair used to be
quite gray, but she used a preparation
to restore it to its natural color. Flor
ence remembered the trip to West Ba
den, in May, 1899, with her mother.
William Bott was there when they ar
rived. All stopped at the West Baden
hotel. Florence said she saw Bott in
her mother's room in the hotel several
times at night. Her father was not at
West Baden.
William Bott was with them at the
Thousand Islands. He stopped at the
same hotel with them. She had seen her
mother and Bott start on long trips
about the islands. Sometimes they
would be gone all day on these excur
sions. Florence said that so far as she knew
her father was a very moderate drinker.
She had never seen him under the in
fluenc of liquor. He was always kind
and considerate to her mother. She had
seen no quarrels between them. Her
father and mother would sometimes
drink a bottle of beer together. Flor
ence told of the trip Eliza Donohue
took to Chicago with her father, and
she said that her mother helped Eliza
get ready for the trip, gave her clothing
and made all arrangements for the
journey. Mrs. Sells also planned the re
turn trip. She described the clothing
given by her mother to Eliza, She told
of her mother laughing about Eliza's
misadventure in Chicago, where she
missed the train.
Florence said that her mother re
ceived a circular letter from Detective
Fox and on it was written: "If you
are in trouble call on me." This was in
the last of October, 1899. The letter was
addressed to her mother. Her mother
showed her the letter. This was at the
time Peter was putting the "shadows"
on his wife from a rival detective
Florence said that soon after a man
came to the house and said that Detec
tive Fox wanted to see her mother. The
next morning Florence drove her mother
to the Fox detective agency. When Mrs.
Sells came down she went at once to the
office of Judge Haggerty, now her coun
sel. She said that Fox told her about
the theft of Bott's bicycle, and also that
Lyon's visits to the house were known.
Judge Haggerty advised her never to
go into Fox's office alone again.
Florence said that her mother told her
of the theft of Bott's wheel. That night
Florence was at Hardesty's and her
mother telephoned to her telling her
that some one had stolen the wheel.
Florence told of another visit her
mother had made to Detective Fox.
Judtre Haggerty summoned her mother
to his office. Judge Haggerty and Billy
Bott were in the office. Florence said
that Bott told her mother that he had
been called up by some woman, who
told him that he was in serious trouble
and should get his property out of hi3
hands. He was mixed up in a divorce
case and his stolen wheel was to be
used as evidence. Bott said that the
woman said she was a stenographer and
knew what she was talking about.
Florence said that Judge Haggerty told
her mother that she must explain to her
husband about the wheel. He wanted
Florence to say that Bott was calling on
her, but Florence refused.
Mrs. Sells made another trip to the
office of the detective. Fox told her
that she was in trouble and wanted to
help her, but Florence said that her
mother told him she would refer the
matter to her husband.
Florence told of the home coming of
her father the night before the separa
tion. She said her father looked very
badly when he came home that night.
This was not to be wondered at, as he
had just been told the story of his wife's
Florence told of her last night at
home, of the breakfast in the morning
and of aroinz that afternoon to - Mrs.
Ephriam Sell's house to meet her father
and his attorneys. This was the family
council at which the separation was de
cided upon. Florence said she had not
slept well on the night before. There
seemed something ominous in the air
and she was restless all night.
When she reached the home of tie
aunt she and her father had a talk, and
she decided to return no more to her
mother. This was the first time Florence
had told her father of the conduct of her
Wrhile at Mrs. Ephriam Sells' Florence
received a telephone message from her
mother, who asked her to come home,
but she refused. Her mother also asked
her to explain about the bicycle, but she
refused, and her mother rang off.
Florence said she had a talk one night
with her mother about Bott's visits. She
told her mother that Bott's visits would
only lead to trouble and a separation.
Her mother broke down, cried and prom
ised Florence that she would cast Bott
off and never receive him again. She
told Florence that she was an ungrate
ful girl to talk so to her mother, and
said she should remember all she had
done for her.Florence begged and plead
ed, and at last her mother said she
would not let Bott in the house again.
"But," said Florence, in a sad, mourn
ful tone, "the next night he was in my
mother's room again."
As Florence spoke these words she
was overcome by her emotions and com
pelled to pause for some time. Mrs.
Sells was also much affected by her
daughter's story, and seemed to have
trouble in pressing back the tears.
P'lorence said that when the proposi
tion was made to her that she take the
blame of the Bott bicycle episode she in
dignantly refused to have anything to
do with the affair. Florence Eaid that
her mother told her that this trouble
which was coming on was some of the
work of Dennis Kelley, the enemy of
Mr. Bott. Kelley is another wholesale
liquor dealer.
Her mother wanted her to go out to
various places with Harry Lyons. but she
refused. Her mother told her that Ly
ons was a nice fellow, who would be
glad to do anything for her.
The attorney for the plaintiff was
reaching the end of the examination, and
there seemed to be something in the air
which told of some sensation yet to
come. In deep silence was the court
Principal Co-respondent in the Sells Di
vorce Case.
room as Attorney Peters asked the clos
ing questions for the plaintiff. The
daughter did not appear to be in as deep
emotion as the mother, whose breast was
rising and falling as she attempted to
repress her sobs. There were but two
more questions to ask .and they were:
Q. Prior to speaking to your father
about the separation, as you term it, had
you ever spoken to any one else about
anv unbecoming conduct in your moth
er? A. I had.
Q. Why had you never spoken to your
father about the conduct that you ob
served on the part of your mother prior
to that 25th day of November, 1899, when
you met him at Hester Sells' residence?
A. When I was a ttle girl I was
brought up with the idea not to tell my
father, and when I grew old enough to
realize what it meant I dreaded to bring
this out. I hated a separation; I didn't
want to see our home broken up. I was
afraid of the tragedy. I knew my fath
er's love for my mother and I hated to
break his heart and break our home and
I dreaded it.
Attorney Peters said: "Your honor,' we
here rest." Mrs. Sells was sitting in her
chair, her head bowed upon her hand,
and sobs were shaking her body. The
witness had given the last answer in a
firm voice and did not cast her eyes
toward her mother. The aged mother
and grandmother sat dose to the side
of her daughter, with tears streaming
down her face. There was silence in the
court room, except for the sobs of the
mother.Florence sat quietly in her chair,
awaiting the beginning of the cross-examination.
The dramatic climax of the
trial had come. Slowly Col. Holmes,
leading counsel for the defense, rose to
his feet.
He moved so as to face the daughter
in the witness chair. He looked at her a
moment, and then, in a voice full of sad
ness, as he turned his eyes to where his
client sat with bowed head and shaking
with the violence of emotion, he said:
Q. Miss Sells, your mother requests me
not to cross-examine her daughter, but
I wish to ask you six questions. Have
you been living with your father since
the separation of Saturday, the 25th of
November, 1899?
A. I have.
Q. Has your grandmother Luker dur
ing that time been residing with your
A. I understand that she was with my
mother from the time I left home until
Q. In those 12 months have you ever
spoken to or communicated with your
mother or recognized your mother in any
A. I have not communicated with her.
I haven't come in contact with her until
in the court room. I have seen her on
the street. I haven't been close to her.
Q. Have you, during that same per
iod, ever spoken with or communicated
with her in any way or recognized your
Grandmother Luker?
A. I have never seen my Grandmoth
er Luker until I came into this court
loom, face to face, until yesterday.
Q. Have you and your mother all
through your life been close and affec
tionate companions, associates and
A. I always loved my mother as much
as a girl could that was in the position
that I was.
Q. Are these twp ladies sitting in front
of me your mother and your grandmother
A. They are.
Except for the voice of the counsel and
(Continued on Sixth Page.)
Iks "V
If fi
Populist United States Senator
From Minnesota
Takes His Seat Under Appoint
ment of the Governor.
Debate Was Closed on the Leg
islative Dill
As Soon as It Was Taken Up in
the House.
Washington, Dec. 10. When the sen
ate convened today Mr. Chandler (N.
H.) ; Mr.Bates (Tennessee) and Mr. Tur
ley (Tennessee) who heretofore during
the present session had not been in at
tendance were in their seats.
Mr. Charles A. Towne, appointed to
succeed the late C. K. Davis of Minne
sota, was also in attendance.
Mr. Nelson (Minnesota) at once pre
sented the credentials of Mr. Towne and
they were read.
Mr. Chandler, (New Hampshire) chair
man of the committee on privileges and
elections, directed attention to the la.-t
clause of the credentials which was that
Mr.Towne should hold his seat until "his
successor was elected and qualified." He
said the constitution provided simply
that the appointee should hold office un
til the legislature had met.
"In the credentials presented," said
Mr. Chandler, "the governor has under
taken to prescribe the length of the new
senator's term. The added clause of the
credentials of course is superfluous. I
desire simply to call attention to this
fact and have no intention to object to
the swearing in of Mr. Towne."
The new senator was conducted to the
desk by Mr. Nelson and the oath of of
fice was administered by Mr. Frye, the
president pro tern.
Mr. Towne was congratulated warmly
by many of his colleagues as he took his
seat oh the Democratic side of the
chamber. A bill to provide for the ap
pointment of an additional district Judge
in the northern judicial district of Ohio
was passed.
Mr. Hanna (Ohio) offered a resolution
that a committee of three senators be
appointed by the president pro tern to
make the necessary arrangements for
the inauguration of the president of the
United States on the 4th of March next.
The senate after the transaction of
routine business at 1:35 p. m., went into
executive session. '
Washington, Dec. 10. To-lay under the
rules the house belonged to the District
of Columbia, but owing to the desire of
the leaders to proceed with the legisla
tive, executive and judicial appropria
tion bill. District day was postponed
until a week from tomorrow. The legis
lative bill was immediately taken up.
Mr.Bingham. (Pennsylvania) who was
in charge of the measure, made a pre
liminary statement of its contents afte
which there being no desire to speak
from either side of the house a genera!
debate was closed and the bill was read
lor amendment under the five minute
Gibbs Book Store Burned This
Gibbs book store, the largest book
store in Lawrence, at 803 Massachusetts
street, was burned this morning. Tlio
fire started in the cellar from an over
heated furnace. The large stock is a to
tal loss.
In the Convention of the American
Federation of Labor.
Louisville, Ky., Dec. 10. Immediately
following the call to order this morning
the resolutions committee of the Ameri
can Federation of Labor submitted its
report. The first resolution recommend
ed by the committee was one reaffirm
ing its favorable position on the initia
tive and referendum, which was adopted
by the convention by a vote of 82 to 66
after considerable debate.
Following in rapid succession were
recommended and adopted resolutions
requesting support by congress of a bill
for the higher education of the blind; in
favor of an eight hour bill for all post
office employes, to be introduced at the
coming session of congress: and in favor
of municipal ownership of public utili
ties. Other resolutions adopted were those
making boilermakers and iron ship
builders eligible as assistant United
States inspectors of boilers, for "reason
able time of service in sailing vess-els
and examination in seamanship of offi
cers of ocean steamers"; for executive
clemency for E. W. Clark, imprisoned
for mutiny on the high seas; restricting
the towing of barges and cargo carry
ing vessels on the lakes and the Atlantic
coast. i
The executive committee reported un
favorably on a resolution for the estab
lishment of a department of commerce
and industry, and its action was sus
tained. The report of tne auditing committee
was then presented and accepted, fol
lowed by the presentation by title and
reference of a number of additional
A recess was then taken until after
Corrected. Scores of Saturday's Tope-ka-Lawrence
Golf Tournament
There has been considerable misun
derstanding about the score at the To-peka-Lawrence
golf tournament at the
links of the Oread club at Lawrence.
Saturday. The -Topeka players won by
14 holes, only one Topeka player. Ham
matt, losing. Following are the re
sults: Woodward defeated Copley, four up.
Gault defeated Sterling, three up.
Lakin defeated McClung, two up.
Wyman defeated Newson. two up.
Morgan defeated Broadhead, seven up.
Hammatt lost to Carr, four up.
The game was 18 holes, medal play. A
return game will be played in Topeka
next Saturday.
Constitutionality to Be Determined
by the Supreme Court.
Chicago. Dec. 10. The question of the
constitutionality of the Kiaine extradi
tion treaty between Great Britain an I
the United States signed by r-prsenta-tives
of the two governments in jv-'.t an I
which it is asserted, has never be. n push
ed upon, is to be broucht before the I'nl
txl states supreme court in th ens-s f
Fred Lee Bice, Frank liutledite rui f
Thomas Jones, who were rr se-t
Chicago last June on the reqtift of ths
Canadian authorities charged w ith 1 iru:
fugitives from Justice. The spc i.l i
charges against the thn men Inrlud
complicity in several bunk robberies ill
Toronto and ot her Ciuit-.di.in cities..
President McKinl-y issued a wan-nut
for the requisition of three men. but ac
tion was prevented by writ of super
sedeas issued by Jmlce Koh'saat of lli-
United States district court and sin.
hist June, the men have lif n confin---!
In the county J ul. Next Monday utt -neysVepres
ntinc th i risoti. n ,-i d t, ..
British consul will ntp-ur before the .vi
preme court at ashjmrton .net tmil i ."
the prisoners will tie ;tskel .e?elii'vr ip.
construction of the Bhiine ti'.My. A t : 01 -neys
for the British consul will ino e in
dismiss the appeal or uiiv.itii e the c ::'!
to an immediate hearing. The case in re
garded as one of creat Importance it'-t
only in this country, but in the one. n'j
dominion as att opinion from the kh
prem court will 1h r'sarl.t wetii.i.t
the mode of r;ro'edure to lie ndoptcd t,y
exrra'iiiirm commissioner hi int'-rn t
tional extradition chkch.
MiouU bail he refi,s"d th tu-isonio'.
they may remain in .lail here for a ir
before the case in passed upon. It w
in the cell of 1 re I l.h e that a revolver
was found concealed In a basket f
grapes Homo thre1 erkrt a; and sire
that time the men have hen closely
watched. ,
Closing Hours of the .Morrison
Case Are Near.
Kansas City, Dec. 10. A spe ial to the
Star from El Dorado, Kas., says:
When Jessie Morrison eiiteied th
court room this morning it iu to hear
the last argument in hi r defense for the
murder of Mrs. Castle. Judge A. 1..
Bedden, the prisoner's leading conns. 1,
in a forceful address to the jury plead
ed for the release of Miss Morrison, de
claring that the cuts she inflicted uini
the bride of a week were done In p. if
defense. Captain Joseph Waters fol
lowed for the state, and demanded that
a verdict of murder in the first h Ke
be returned.
Miss Morrison spent another jui'-t
Sunday in her cell, surrounded l y i i
stives. l'rayers were ifl r-r. r.r !le
prisoner, who Joined heartily in tie'
service. Her confidence In th ou'Leonio
seemed unshaken, and f i le nt i v Me
sa Id to her father: "I'm s nl its-
nearly over." She maintained h
bright spirits on takintr her net. un
turned place in the pti.soneis" dock.
With but two more argument" to be
made, it seemed assured that tie- ns
would be given to ttie jury late In the
day, a fact that seemed to relieve ";i
Morrison, while it Intensified the In
terest of the public Throughout t he
day the court room was again crowded
with people, many s hord girls fotoiiu;
their way to the door on their way t
and from school. The scene more mar
ly resembled that of a festival than tie
closing day of a murder trial. Thw
who have daily attended court vol..
their Sunday hats and drosseB for tin
final occasion. Half a dozen parent
brought their children, coining early I'
secure good serf.
Within the railing where sat th pris
oner, her relatives and friends Hiel
lawyers, there was a strange innova
tion. Squarely before the jury wan nr
ranged a broad semi-circle, at one end
of which sat Judge Morrison, father of
the prisoner, next to hirn Miss Morri
son, and on the other side of tie- in -cused
were her stepmother, b-r married
Bister and her brother. In front of tin
circle a three-year-old niece of the vo
man on trial played on tin floor, wlih
in four feet of the Jury, or ran from
grandparent to aunt, to attract their at
tention. Finally shn climbed Into tie?
lap of Miss Morrison and lay her fie
against tin mrisi ner's should-r. Tin
woman bent her head aril ki's l tin
child, and then put her hnn-ikeri t-ief t
her eyes to stop t he tears t ha t could not
be repressed. Hack of thin Kronp sat
Olln Castle's mother and father, I'.olan I
Wiley, brother of the d-a-J woman, mi l
other relatives of the two fnm!li--.
Neither the widower of the murdered
woman nor her mother wern pi i- mil.
Houses and Live Stock Washed Away
in Jalisco and Guerrero.
Chlcago.Dec 10 A special to thf Vc
ord from ;uadala.iara. Mexico. :
The mountain olstrhts of the Males
of Jalisco and Uuerrcro have been visi
ted by continuous torrential rains diirln r
the last several days. The rivets an I
smaller streams have overflowed th ir
banks and destroy d much .iluahte pro
perty. ' in the Mlahuati pee distraM
Mate of Guerrero. Fevtal small vll
lang. s were inundat-d and many boils-
were swept away. Hundreds of catilf
were drowned.
S A II BACH'S (Jl i'-I'-Il M 0 V I.
Would Have Pay of Representatives
Increased to $7 a Day.
Albert Sfirbarh of Ifolton, a npib1'
can representative-fleet. Is umiisitiK f' -r
he announces his Intention of IntroU'i -ing
a bill in the n-xt lei-iMatnre In In
crease the pay of m-mb-iK of the lious't
and senate from J', to J7 per day.
This proposed law would allow th-
members of th- legislature thei,- actu il
traveling expenses and mileace. Tn ?
mileage- would be collected just hi It is
now. In cash from the state, when lle
traveling is don- on pass-.
If Mr. Sarhach wourl take th troul.:
to investigate he would find that the p -v
of members of the leg IMat it- In t;x l l.v
the constitution and they nlll have I i li
conttnet with a fc a day until the con
stitution is changrii.
Weather Indication.
Chicago, D-'C 10. Forecast for Kan
sas: tjeiierally fair tonight and Tues
day; variable winds.
Smallpox in Lima
Lima, Feru, Dec. 10. Cases of small
pox have been found frequently In Lima,
and the public is a larmed.f- ai inir enr- a I
of the disease. The Australian c(imtt-t
Donau has arrived here. biiKlnit HM
P.akoweKhy, commissioner of the Aus
trian povernm-nt, wl o Is visiUutf the,
consulates of South America.

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