The Topeka state journal. [volume], May 07, 1901, LAST EDITION, Image 1

About The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980

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LAST EDITION.
TUESDAY EVENING.
TOPEKA, KANSAS, MAY 7, 1901.
TUESDAY EVENING.
TWO CENTS.
PLAIN
Presidential Train Crosses New
Mexico Territory
And Goes Speeding Across the
Arizona Desert.
TOWNS ARE SCARCE
And the President is Called Fp
on For Few Speeches.
Made One at El Paso and One at
I) em in sr.
Benson, Arizona, May 7. The presi
dent's special reached Benson at S:3j
last night. The station was illuminated
and the president spoke a few words to
the crowd. The train will stop at Tuc
son at 1:30. It is due at Phoenix this
morning.
Deming. N. M., May 7. Shortly after
leaving El Paso the presidential train
crossed the line into New Mexico and
ran through the grazing section of the
territory. It was a hot and dusty ride.
The first stop in the territory was made
at Deming where the president was
weicomed by Governor Otero and his
staff. There was a big crowd and a
band at the station and the president
was given a warm greeting.
W. M. Berger, president of the New
Mexico press association had met the
party at El Paso and accompanied the
train across the territory. The address
of welcome at Deming was largely de
voted to New Mexico's claim for stale
hood. A broad banner above the train
read. "New Mexico demands statehood."
The president spoke briefly as fol
lows: "It pives me very great pleasure to
meet the people of this territory who
have given greeting to the president of
the United States. I rejoice at the prog
ress you are making, the prosperity yoj
are enjoying, the happiness and con
tentment I see on your faces and the
evidences of progress everywhere dis
cernible. Tou gave part of your terri
tory to Colorado, which is now one of
the states of the Union, you gave of
your territory to make the territory of
Ariznoa an" you still have more ter
ritory, twice over than the united king
dom of Great Britain. (Applause).
"What you want here is more rain
(applause) and mere people. (Laughter).
(A voice, "Vv'e want to be connected
with you so as to get more rain.")
"My friend says you want to be con
nected with us. You are connected with
us. You are of us and close to us. The
flag floats over you as It floats over all.
I appreciate that the hope for associa
tion with the United States in the rela
tion of statehood springs eternal in the
territorial bosom. (Applause). (A voice:
"Good.")
"And it is a just and honorable ambi
tion for you to have. I am sure you will
chare with me today in the expression
cf sympathy which all of us feel for the
great loss sustained in the city of Jack
sonville by the fire that swept over that
city. Thousands have been rendered
homeless and the heart of the nation
goes out to the suffering and that recalls
to me, this being my first stop since
leaving the great state of Texas, that
it was with deep regret that I could not
visit Galveston and meet her brave peo
ple. "It waa last September that the hurri
cane swept over Galveston and destroy
ed a large portion of the property in
that enterprising city. The loss of life
wis appalling, but with the energy and
the enterprise and the splendid spirit of
those people, all Americans they have
rebuilt that great city, great as it was
before. That is the American spirit
wherever you find it. it is"'the spirit of
progress, the spirit of advancement.
"I trust some time in the future, I
can not tell when. I don't know when
but some time in the future, the con
gress of the United States will see fit to
make you one of the states, (enthusias
tic applause), in the constellation of
states of this republic.
"I have traveled a long distance that
I might meet and greet you. You are
a part of the population of the 75 mil
lions, that constitute the greatest fre
government on the face of the earth,
(Applause), 75 millions of people loving
j'eace and never going to war except
when they have to. (Applause) but when
they do they draw their swords in a
right cause. (Applause).
"And with this whole country united
ns it is today, north, south, east and
west, when we go into battle anywhere
we are invincible. (Applause).
"Having said this much and express
ing the great satisfaction given me to
see you here at your homes, seeing how
comfortable you all are and learning
your devotion to the great nation over
which by your suffrages I am permitted
for a short time to preside, I bid you all
good afternoon and may God bless you
ail." (Enthusiastic applause).
SEES A BIG GOLD MINE.
Congress, Ariz., May 7. The presiden
tial party spent several hours this
naming visiting the big gold mine lo
cated at this place, which is about 70
miles northwest of Phoenix. The orig
inal itinerary contemplated spending
the entire day until 5 o'clock this after
noon at Phoenix, but it was modified tn
permit the party to take this little" side
trip and inspect the works of the Con
press mine, the largest gold mine in the
territory. Justice Street and other ter
ritorial officials came here on a special
train to welcome the president to the
territory.
The mine produces 1300.000 in gold a
month. The party tramped up to th
mouth of the shaft, which descended at
an angle of 30 degrees 3. Ion feet into th
mountain. The president did not make
the descent but all of the members of
tr.e cabinet except Secretary Wilson
went down in a cage to the lowest level
and witnessed the drilling and blasting
rrocess. The president, accompanied by
President P. I. Gage, of the mine, walk
ed through a half mile tunnel lighted by
candles to the stamp mills where F.)
stamps were crushing ore. He then in
spected the cyanide works and saw cait
a bar of gold worth $25,000. The presi
dent was much interested and asked if
tie could not see the bar.
"It is red hot," said Mr. Gage.
"I will show it," shouted one of the
melters, a man naned Richmond. Step
ping forward, and with the protection
wiiy of a few rag3 on his hands, he
VER THE
seized the red hot moid and 4';mped the
white hot bar of flowing: metal upon
the stone. The rags were ignited by
the heat, and the yours man's hands
were scorched, but he did notnvinre.
"That is the true American pluck."
cried the president, advancing toward
Richmond. "I want to shake your
hand." He grasped the man's hand
and shook it cordially.
On the way back to the train the
president had a good view of the mining
camp in the valley below.
The famous Vulture mine, on one of
the spurs or the Vulture mountains,
four miles away, was pointed out to the
president. , ' , . ;
ADDRESS AT EL PASO.
President Reassures Those Who Op
pose a Large Army.
El Paso, Tex., May 7. In his address
at the reception in the plaza here Presi
dent McKinley said:
".Mr. Mayor, General Hernandez,
Governor Apurnada, and my Fellow
Citizens For the hospitality of the peo
ple of El Paso, which has been as del
icate and considerate as it has been
sumptuous, I beg to return my most
sincere thanks. 1 am glad to be in this
cosmopolitan city. 1 am glad to know
that assembled here within your gates
are the men of all races, all nationali
ties and all creeds, but under one flag,
the glorious stars and stripes (enthu
siastic applause), acknowledging alle
giance to no other government but the
United States of America, and give will
ing sacrifice at any time the country
may call for, the honor of our nation
and the glory of our republic. ( Ap
plause.) I am glad to know that this
city believed in expansion. (Great ap
plause.) That it has been doing a great
deal of it itself in the last four years
(laughter and applause); that it has
more than doubled its population in the
hist half decade and given promise of
still greater advancement and pros
perity in the decade now at hand (ap
plause). You have here, my fellow citi
zens, the true national spirit, the spirit
of enterprise, of development, of prog
ress, of building the structure of lib
erty and free government on the broad
and deep foundations of intelligence,
virtue, morality and religion.
"This is the gateway to the Mexican
republic, and I want in this connection
to express my great satisfaction with
the cordiai salutations tendered to me
by the people anrl the distinguished
president of our sister republic. Presi
dent Diaz. (Applause and cries of
"Bravo"). I thank his representative
for the cordial word with which he has
presented the feeling of respect and re
gard of his illustrious president to the
government of the United States (ap
plause), and I beg that he will convey
to his president the warm regards and
the personal esteem which I have for
himself as magistrate which is shared
here by the whole American people (ap
plause), and my wish for still further
prosperity and advancement among his
people (applause and cries of "Bravo").
I can not fail also to recognize the cor
dial welcome that has been given to me
by the governor of the state of the Mex
ican republic. I can not go over there,
but they can come here (laughter and
great applause), and we bid them wel
come with open heart3. I can look over
their country (laughter), but there is
something in the traditions of this re
public, something In its precedents,
that does not permit the president to go
outside the United States during his
term of office (applause).
"But as we do not hold office all the
time here (laughter), we will have an
opportunity of going there in the fu
ture. "My fellow citizens, if there was ever
any doubt about ours being a united
people, if you could have traveled with
me twenty-eight hundred miles from
the capitol at Washington to the city of
El Paso, that doubt would have been
completely dispelled (applause). There
never was such unity in the United
States as there is at this hour (ap
plause). There never was so much for
a nation of 75.000.000 of people to be
proud of as at this hour (applause).
"We have sent our army and our
navy to distant seas and they have only
added glory to our fame. (Great ap
plause). They have brought no shame
upon the American name. (Applause).
We sent them to China to rescue our
beleaguered representatives and they did
the work and did it magnificently with
the approval of the civilized world.
(Continued applause). But it is not in
the art of war that we take our great
est pride. We are not a warlike people.
We are not a military people. We never
go to war unless we have to make peace.
(Great applause). Our pride is in the
arts of peace, in material and intellect
ual development, in the growth of our
country, in the advancement of our peo
ple, in civilization. In the arts, in the
sciences and in manufactures.
"This is the great project of the
American people. (Applause). Here we,
are on the border line between the Uni
ted States and another great republic,
and on this side of the line we have 33
American soldiers and on that side of
the line there are less than a 150 Mexi
can soldiers. So that we are dwelling
in peace and amity, and causing "peace
on earth and good will to men. (Great
applause). We want to settle our dif
ferences, if we have any, with any of
the powers of the world by arbitration.
(Applause). We want to exhaust every
peaceable means for settlement before
we go to war (applause), and while we
have authority to raise a hundred thou
sand troops, the necessity does not exist
for that number, and we do not propose
to raise over seventy-five thousand
(Great applause). So don't be alarmed
about militarism. (Laughter and ap
plause!, or imperialism (.enthusiastic ap
plause). "We know no Imperialism in the Uni
ted States except the imperialism of a
sovereign people. (Continued applause).
"Having said this much, I only want
to again express the pleasure which all
cf us feel at having been received so
cordially anil hospitably by this people
and to thank you for having giving us
on Sunday as quiet and reposeful a time
as though we had spent it at our homes."
(Long continued applause).
Members of the cabinet also spoke. At
the conclusion of the address the party,
including the Mexican officials went for
a drive. The president expressed a de
sire to take a look over into Mexico and
was driven down to the International
bridge. There, at the office of the
American customs officer he alighted
and chatted for some time with those
around him. The old church of Guada
lupe over 300 years old, the Spanish
prison and other interesting buildings in
Juarez were pointed out to him. Presi
dent Harrison in 1S91 went half way
across the bridge, but President Mc
Kinley did not so much as set foot upon
the structure. On the way back to the
city the party stopped and cheered the
Mexican consulate.
House Adopts Coal Tax.
London. May 7. The house adopted
the coal tax by a vote of 33a to 227.
A ' HATIOnPARTY.
One AT ill Be Organized in
Topeka.
Followers of Saloon Smasher
Behind Movement.
ARE NOT SATISFIED.
Actions' of the Old Parties Are
Unsatisfactory.
Meeting Will Be Held Tonight
to Discuss Situation.
A movement is on foot in Topeka to
organize a new political party along re
form lines. The cause is being cham
pioned by people who have been asso
ciated with Mrs. Carrie Nation.
One of the prominent local leaders in
the new movement, Mrs. J. P. White, of
Tenth and Kansas avenues, yesterday
afternoon called on Dr. Eva Harding
to interest her in the cause.
When the new party comes into
power the little band of the faithful who
have been energetic workers in its
cause will naturally be rewarded with
the best offices in its gift, the same as
is the case with other parties. This was
one of the ideas Mrs. White tried to
impress upon Dr. Harding. She also
endeavored to show Dr. Harding that
she would make a mistake if she did
not loin hands with the others in the
beginning of the new movement. Dr.
Harding was assured that if she chose
to join forces with leaders now, she
would eventually be given one of the
high positions. .
Dr. Harding answered that she had
very little faith in the scheme, and that
she thought she would not bother her
self in championing a reform movement
where the scope was so extended as
that proposed by the leaders of the new
party.
Whereupon Mrs. White became angry
and imparted the information that they
didn't want Dr. Harding in the party
anywt-y.
A State Journal reporter attempted
this morning to learn something of the
plans for the proposed new party. It
seems that the work has been outlined
and talked of in the secret councils for
some time, but that the plans for its
final launching have not yet been fully
matured.
"As far as anything definite is con
cerned," said Rev. J. G. Stewart who
came here recently to work with Mrs.
Nation, irom Monmouth, 111., "I have
nothing to say.
"Since coming to the state of Kansas
I have met the temperance leaders of ail
parties and classes, and together with,
what I know of the situation in Iowa
and Illinois and over the United States
generally, I am satisfied that the time
has arrived for a uniting of all the re
form forces of the state and nation on
one broad comprehensive platform,
which shall embody all the reform princi
ples. "There is a marked and widespread
restlessness and dissatisfaction with ref
erence to existing conditions as mani
fested in the increasing lawlessness, in
temperance, monopolistic oppression,
Sabbath desecration and other forms of
vice. The people are satisfied that ex
isting parties are unable or unwilling
to thoroughly remedy this, even in Kan
sas or Iowa, through law and order
leagues, because of the fact that na
tional party success as dictated by the
liquor league and other giant organized
evils will not permit it. Of course local
party leaders are influenced by the na
tional party interests.
"The Republican party as a whole is
a high license party. Because of these
conditions the Democratic party h for
the same reason declared against all
sumptuary laws.
"The Populist party where it has had
an opportunity to enact and enforce
prohibitory laws has signally failed. And
this is no doubt, one of the chief causes
of the great falling away of their vote at
the last election.
"No party deliberately invites defeat.
The leaders of the dominant political
party, be it state or national, believe
that to make prohibition of the liquor
traffic and other vital reforms a chief
plank in their platform with the full
determination to carry out its prin
ciples would be to invite certain defeat.
And there is no reasonable expectation
that they will undertake anything along
this line.
"Hence the call and necessity for a
great reform party which will unite
all the reform forces and sweep the
country. '
"Should such a party be formed a
strong and appropriate name would be
the 'Home Rule' party. Some have sug
gested 'Home Defenders," but to my
mind 'Home Rule' is the stronger, since
it is one thing to defend the home and
another thing to rule the nation in the
interest of the homes and the native
land."
The leaders will hold a secret confer
ence in the city tonight. No one would
talk upon this subject, however, and it
was impossible to learn where the meet
ing is to be held or what plans are to be
discussed.
MUSTERED OUT.
Returned Volunteers Are Being Hap
idly Discharged at Frisco.
San Francisco, May 7. The Thirty
ninth infantry has been mustered out of
the service. The Thirty-second will be
mustered out on Wednesday, the Twenty-ninth
on Friday and the Twenty
sixth next Monday. The reduction of
the army in the Philippines will bring
home immediately after the return of
all the volunteers, the regiments of the
regular army who have been longest in
the Philippines, the Fourth cavalry,
the Fourteenth, the Eighteenth and
Twenty-third infantry.
Cars Stopped in Five Cities.
Albany, N. Y., May 7. The employes
of the United Traction company, which
operates the street surface car lines in
Albany. Troy, Cohoes, Watervliet and
Rensselaer, went on a strike at 4 o'clock
this morning. The car lines in the live
cities are completely tied up.
Temperatures of Large Cities.
Washington, May 7. New York 02;
Boston 62: Philadelphia 56; Washington
54: Chicago 58; Minneapolis 54 Cincin
nati 62; St. Louis 54.
KANSAS BANKERS.
Annual Session Will Be Held at Law
rence May 28
The fourteenth annual convention of
the Kansas State Bankers' association
will be held at Lawrence May 28 and 23.
Among the prominent speakers will be
Alvah Trowbridge and James H. Eck
els. The following is the programme:
Prayer, Dr. Richard Cordley.
Address of welcome, Hon. J .D. Bow
ersock. The president's address, Mr. C. O.
Chandler, president of the Citizens'
State bank, Medicine Lodge.
The secretary's report, Mr. Thornton
Cooke, cashier of the Bank of Hering
ton. The treasurer's report, Mr. C. L. Bro
kaw, cashier of the Commercial State
bank, Kansas City, Kan.
The report of the committee on insur
ance, Mr. W. F. March, cashier of the
Merchants' National bank, Lawrence.
The report of the committee on cattle
paper exchange, Mr. J. M. Harper, cash
ier of the Bank of Conway Springs.
The report of the educational commit
tee, Mr. C. C. K. Scoville, president of
the Citizens' State bank, Seneca.
"How Branch Banking Works," Mr.
Ralph W. Cone, University of Kansas.
Address. Mr. Alvah Trowbridge, presi
dent of the American Bankers" associa
tion. New York.
MAY 29.
A visit to the University of Kansas.
Carriages will be provided for visiting
ladies and delegates.
In the University chapel.
Address, James H. Eckels, president of
the Commercial National bank, Chicago.
AFTERNOON SESSION.
Address, Morton Albaugh, bank com
missioner, Topeka.
Savings Banks and Bank Money Or
ders," Mr. William Maeferran, of the
educational committee, cashier of the
State Savings bank, Topeka.
"Legislature and the Banker," J. B.
Adams, assistant cashier of the Citizens'
State bank. El Dorado.
SALiOM Ifi THE TRUST.
All Big U. S. Canneries in a
Combine With Vast Capital.
New York, May 7. The Journal of
Commerce says: It was learned from
a reliable source last night that the
Alaska Packers' association, which has
been the chief obstacle to the proposed
consolidation of the salmon canneries,
had given options on its various plants
to the syndicate which has been seek
ing to effect such a combine. This syn
dicate is composed of T. B. McGovern,
of Delafield, McGovern & Co., of this
city; R.Onffroy, of Fairhaven, Wash.,
who promoted the Pacific American
Fisheries company and the Kelly-Clark
company of Seattle, Wash.
It is learned that the Alaska Pack
ers' association had" placed a valuation
of $12,000,000 on its outfit.
The indications are that the matter
of consolidation will be brought to a
head at once.
The plants extend from Chilkoot, in
Alaska, south to Seattle, 900 miles
along the coast. Some of the best
known financiers in the United States
are behind the deal and are understood
to be actually pledged.
The proposed capital of the combine
is said to be $32,000,000, according to a
prominent New York financial author
ity, who is personally interested in the
deal. The capital will be in common
and preferred stock and debenture
bonds.
CLEAN OFFER MADE
By the Panama Canal Company
to Sell Out.
New York, May 7. In order to re
move the objection raised by the Isthm
ian canal commission the Panama Canal
company, with the approval of the Col
ombian government says the Washing
ton correspondent of the Herald, has an
nounced the terms upon which it will
sell the Panama canal to the United
States. The letter containing its propo
sition was submitted to Rear Admiral
Walker, chairman of the commission by
Martinez Silvela, Colombian minister.
No price has been set by the company
for its property and franchise. It sug
gests the appointment of appraisers
one by the United States and one by the
company, these two appraisers to select
a third the estimate of the board thus
formed to be final. No conditions what
ever are attached to the proposal. It is
a clean offer, it is said by advocates of
the Panama canal route that it may
have an important effect upon the final
recommendations of the commission.
MKS. NATION IS EXPECTED.
Case Against Her For Joint Smash
ing Set For May 13.
Mrs. Carrie Nation will be expected to
appear in the district court May 13, to
stand trial on five counts for smashing
joints. The trials of her followers are
set for the same day.
It is expected that most of the Home
Defenders will plead guilty and pay
nominal fines instead of standing trial.
Mrs. Nation is now in jail at Wichita,
and she will have to make some spe
cial arrangements if she expects to be
here for trial on Monday. Dr. Harding
pleaded guilty and was fined $10 and
costs. The others whose trials are set
for Monday are Madeline Southard,
Rose Crist, Rose Chad wick. Rev. F. W.
Emerson, and C. R. MacDonald.
Brickmakers Strike.
St. Louis. Mo., May 7. Between seven
and eight hundred employes of brick and
tile manufacturing firms in St. Louis are
striking to emphasize a demand made for
a V per cent advance in wages. It is
understood that the demands of the men
will be acceded to in part if not in full.
Killed in a Runaway.
Spokane, Wash., May 7. Sister Sim
eon, of Sacred Heart hospital, lies dead
from a runaway accident and Sister
Gregory suffers from injuries which'may
prove fatal. They went driving with a
patient at the hospital and the team
ran away. Two men jumped from the
carriage.
Weather Indications.
Chicago, May 7. Forecast for Kan
sas: Fair tonight and Wednesday;
cooler in east portion tonight; light frost
tonight; variable winds.
:IR WAR
Kansas and Colorado Ready For
a Legal Battle.
Arkansas Hirer the Prize to Be
Fought For.
COLORADO'S SIDE.
Claim That Wrong Kind of Suit
Was Commenced.
Attorney General Godard's Ba
sis of Contention.
Kansas and Colorado are ready to be
gin the big legal battle in the United
States supreme court, known as the Ar
kansas river irrigation suit, for carry
ing on which the last legislature appro
priated $25,000. Attorney General Godard
and Assistant Attorney General West
have prepared a voluminous brief on the
motion to file a bill against the state of
Colorado. Judge West will leave on
Thursday to file the motion in the Uni
ted States supreme court on Saturday.
Colorado has made extensive prepara
tions to combat the suit also. Attorney
General C. C. (Post is here at the Hotel
Throop today, on his wav to Washing
ton. He proposes to file a brief against
the plaintiffs motion at once, if allow
ed. He has had all the big lawyers in
Colorado in consultation with him in
preparing his answer. ' I
Mr. Post filed his briefs in the attor
ney general's office here this morning
and had a long consultation with Judge
W est. Colorado's arguments would stun
an ordinary mortal, not used to the
ways of the legal froternity. They seem
to almost make out that Kansas has no
right to exist, or its people breathe. It
makes declarations that Kansas' claims
are against principles of common law
generally and are abrogations of its own
statutes. This construction is declared
with regard to the act of 1891.
It lays stress upon the points of issues
arising between states, also ,and raises
the question of legal redress upon these
points as contemplated in this action.
The brief of Attorney General Godard
and Judge West presents these argu
ments: i , J
"The question of the complainant's
right to the relief it seeks in this suit
is to be determined entirely by the rules
of the common law", irrespective of any
customs, regulations or laws of the
state of Colorado in derogation thereof.
The rules and doctrines of the common
law respecting the rights and remedies
of riparian owners have never been
abrogated or in any manner modified' by
the state of Kansas or its legislature.The
common, law has been in force in both
Kansas and Colorado since long prior to
their admission into the union.
"The state of Colorado has never de
rived from the United States nor from
any other source a right of exclusive or
unreasonable appropriation of the wa
ters of the Arkansas river for any pur
pose, as against the state of Kansas or
its citizens, as riparian proprietors. 'As
a general proposition, every riparian
proprietor has a natural and equal right
to the use of the water in the stream ad
jacent to his land, without diminution
or alteration."
"By the common law, the right of the
riparian proprietor to the flow of the
stream is inseparably annexed to the
soil and passes with it, not as an ease
ment and appurtenance, but as part and
parcel of it. Use does not create the
right, and disuse cannot destroy or sus
pend it.
"W'here natural conditions are such
that the riparian proprietor is permitted
to make use of the stream for the pur
pose of irrigation, and thus by that use
to divert a portion of it, it is held that
such diversion, under all circumstances,
must be a reasonable use of the stream,
and that the surplus of the water thus
used must be returned into its natural
channel.
"If it be conceded, therefore, that by
the common law the state of Colo
rado or any cf its citizens is authorized
to use the waters of the Arkansas river
for irrigation purposes, such use must
be at all times subject to conditions that
it is reasonable and not prejudicial to
the rights of lower riparian proprietors;
and if, as alleged in the bill, it is the
purpose of acts now contemplated by
the state of Colorado, or it is the present
effect of acts already done under license
and authority granted by that .state, to
appropriate all or an unreasonable por
tion of the water3 of the Arkansas river,
or if its tributaries in Colorado, to the
detriment and in violation of the rights
of the state of Kansas or of its citizens
as lower ripp-ian owners upon said
stream, it is clear that the complainant
may invoke the protection of the com
mon law against such palpable invasion
of its rights.
"All of the lands situate in the valley
of the Arkansas river or abutting upon
that stream, as mentioned in the bill,
were formerly a part of the public do
main of the United States; and when
the United States ceased to be che owner
of those lands, and the title thereto
passed to settlers, grantees, and pur
chasers, the riparian rights of the com
mon law passed therewith to such set
tlers, grantees and purchasers as a na
tural incident to and one of the elements
of their title and relating back
to the date of settlement or
purchase. The riparian rights thus ac
quired by such settlers, grantees, and
purchasers, whether still held by them
or passed to subsequent grantees, can be
destroyed or impaired only in the in
terest of the general public, upon full
compensation, and in accordance with
established law.
"No matter of prior appropriation nor
any authority conferred by an act of
congress can be claimed to have clothed
the state of Colorado with any right or
justification to do the acts and things
complained of in the bill. The riparian
rights appertaining to the Kansas lands
in the Arkansas valley, became vested
in the state of Kansas and in the pri
vate owners and occupants of said lands
prior to the appropriation by the state
of Colorado of the waters of the Arkan
sas river for irrigation purposes, and
prior to the commission of any of the
wrongs complained cf in the bill. No
prior right, therefore, to the appropria
tion or use of said waters for irrigation
or other purposes has accrued to the
state of Colorado which can be claimed
to warrant or justify either the wrongs
it now threatens or those already done
as charged in the bill.
"The bill alleges and shows that the
state of Kansas, has a direct and vital
interest in the subject-matter of the
proposed suit. The wrongs and injuries
complained of, and for which no ade
quate relief or remedy can be obtained
by a suit at law, affect the property of
the complainant in its corporate capac
ity. Two large and valuable tracts of
land described in the bill are, and have
been for many years, owned and occu
pied by the state of Kansas; and all
riparian rights incident or appertaining
to these lands, at all times since the ti
tle thereto was acquired from the Uni
ted States, are now vested in the com
plainant. This suit is sought to be in
stituted, therefore, to protect the proper
ty of the state of Kansas. The com
plainant 'asks from the court a protec
tion of its property, on the same ground
and to the same extent as a corporation
or individual may ask it." v
"The state of Kansas is a party to the
proposed suit in virtue of its sovereign
and corporate capacity. It seeks to pro
tect the rights and property of its citi
zens from wrongs and injuries against
which such citizens, neither individually
nor collectively, can claim protection In
any court. The wrongs and injuries
complained of in the bill directly affect
the valued rights and the vital interests
of 100,000 citizens of the state of Kansas.
The usefulness and value of 2,500,000
acres of fertile land are being and are
threatened to be practically destroyed.
The right of the public of the state of
Kansas to the free and untrammeled use
of the waters of the Arkansas river in
that state for public purposes is taken
and threatened to be taken away, and
the public health is impaired and im
periled, i 1 !
"If the proposed suit cannot be main
tained by the state of Kansas in behalf
and for the protection of its citizens
who are riparian owners in the valley of
the Arkansas river, there is no means
known to the law by which those citi
zens can be protected against the
wrongs and injuries alleged in the Kin.
There is no forum in which their com
plaint can be heard or their grievances
redressed. The state of Colorado cannot
be brought to the bar of any court by
these injured -citizens; and unless the
state of Kansas in its sovereign capac
ity, and Oxi behalf and for the protection
of the interests of its public and of these
citizens, is permitted to maintain this
suit, there is presented the strange an
omaly of a large number of the citizens
of the state and a large and one of the
most valuable portions of its territory,
subjected to the wrongs and irreparable
injuries of another state, without auth
ority or power to Invoke the protection
of any tribunal. This condition of af
fairspower to inflict such injuries, with
no corresponding remedial right finds,
no sanction in the maxims of equity or
law. ;
"The state of Kansas derives its rev
enue from direct taxation of real and
personal property, and thus maintains
its government and its system of free
public schools. The diversion of the
water as alleged, and the consequent
injury to the land and other property
in the Arkansas valley, has impaired
and will greatly impair and diminish
the revenues of the state, and cripple
its school system, and thus the state.
In its corporate and sovereigm capacity
is vitally affected."
The brief closes with citations, one
by the circuit court and the other by
the United States supreme court, upon
similar cases. One is the decision of
Judge Shipman last June in the case
between New York and Connecticut.
On the other side of the controversy
Attorney General Post takes up polit
ical questions involved from the orig
inal cession of the land. In this peti
tion is traced the history of the terri
tory from the time of the Louisiana
purchase and the organization of the
territory of Kansas in 1854. It is set
forth that by reason of prior settlement
and occupation, people living along that
part of the Arkansas river now em
braced within the limits of the state of
Colorado, acquired rights to the water
of the river. The court is asked to ad
judicate these rights without making
these residents of Colorado parties to
the bill. Other points in the motion
are:
The state of Kansas owns but a
small part of the land in the Arkansas
valley, and that other owners are not
parties to the bill. The stream is not
navigable and greater riparian rights
cannot be maintained. The state of
Kansas seeks to abrogate the obliga
tions of the United States toward the
people of Colorado. The bill seeks to
enjoin the legislation of congress enact
ed to promote the settlement and devel
opment of United States lands in Colo
rado. The decision asked for would
abrogate state legislation of Kansas in
regard to irrigation. A favorable de
cision on the bill would be to enjoin
Colorado from exercising her functions
of statehood. State sovereignty can
not be enforced to protect riparian
rights. The brief says: .
Every arid land state, including the
complainant, having in view its own
necessities, has passed laws abrogating
the common law doctrine of riparian
rights. This has been expressly ap
proved by this court in the case of the
United States against the Rio Grande
Irrigation company. The court has ex
amined the rule of the common law,
which provides that every riparian
owner is entitled to the continuous nat
ural flow of the stream and has stated
that every state has the power within
its dominion to change the rule and to
permit the appropriation of the flowing
waters for such purpose as it deems
wise.
"For at least 35 years these rights have
been enjoyed in Colorado and property
of enormous value nas Deen acquired.
Now comes an application for the decree
of the court which, in effect, shall de
clare that people (not before this court)
must forego the riirht to their usual pur
suits and usual business, and permit their
property to oecome aosoiutely aestroyezl
and the lands that have been cultivated
for years to return to their desert char
acter.
'The people refuse to obev: the state
can not coerce the settlers without a null
ification of its own laws, and in a mat
ter where these settlers have never been
heard, or had their rights adjudicated.
being enjoined by this court while its
settlers are In the position of holding ti
tle in compliance with the acts of con
gress to the waters, which the Btate for
bids them, under decree of this court, to
use. isow, wnat power can tnis court ex
ercise to enforce its decree? Can it in
voke the military power? Can it invoke
the power of congress? To do this latter
would oe tor congress to nullity its own
legislation as expressed in the statutes
from lH to the present time."
The Colorado documents are the result
of much resewrch by the attorney general
and his assistants. Caesar A. 'Roberts.
James T. Merwin and George M. Post. In
the work they Have consulted ex-Gov.
Thomas, Piatt Rogers, Robert S. Morri
son and many other attorneys.
Dawson Gets a Scorching.
Tacoma, Wash., May 7. The steamer
Dolphin brings news of another Daw
son fire with an estimated loss of $75,
000. Every building from Gondolfo's
Point, at the convergence of First and
Second avenues, up to and including
Fairchild's hotel, was burned to the
ground.
GLICK WAS HERE,
Democratic War Horse Paid He
spects to Populists.
Much Mystery Surrounds the
Topeka Conference.
RIDDLE WENT HOME.
Eridently Discouraged With His
ileception by Old Friends.
His Scheme is Not Keeeired
With Fator.
"The Home" Adopted as Head
ing For Ticket.
The attitude of the People's party
stati central committee toward further
fusion with the Democrats may be
easily guessed in the attitude it takes
in its business sessions begun here last
night and continued today. Their meet
ing was a combination of open secrecy
that is beautiful to contemplate. It is
an executive session, and each and
every one of the committeemen refuses
to talk of what they are doing behind,
closed doors or what they expect to do.
Sessions of the committee were held
late yesterday afternoon and last night.
The tinae was taken up in discussion of
the problems that arise out of last w in
ter's legislation against their party.
Little, or nothing, is given out for pub
lication. Committeemen say they have
pledged one another to secrecy.
In the absence of Chairman Ridgely,
Representative W. J. 13a bb, of Wichita,
presides over the councils. Carl Vroo
man and Charles Emmons are the only
other committeemen missing. Roth
meetings were open to all visiting Pop
ulists. There were quite a number on
hand, and they all Joined in the big
talk. Ex-Lieut. Gov. A. M. Harvey, J
T. Yount, Albert Grifhn, of Topeka, J.
M. Lewis of Kinsley, Representative F.
C. Dunham of Edwards county, were
among the number. Taylor Riddle
dropped in also. Some say he held Carl
Vrooman's proxy, some say he was
"just a visitor" like the other fellows.
Harvey favored Senator Harris' plan
of dividing up the ticket and Yount
agreed, wishing to include also resub
mission as an issue. Grilfin wanted a
straight Populist ticket. Grant Harring
ton, of Hiawatha, said the object was to
beat the Republicans as the main issue.
Acting Chairman liabb reiterated his
willingness to vote for Democrats only
they must be on Populist platforms.
Taylor Riddle's presence and policy
was the startling thing of the session.
Riddle is openly in favor of going over
to the Democrats and making a stiff
fight on the resubmission issue. His com
ing was rather a surprise, though the
things he advocated were received cold
ly. Riddle is for running ex-Governor
Glick and straight out resubmission.
Glick waa here yesterday and had a
conference with Riddle. Glick called at
the Populist headquarters and paid his
respects to friends in the crowd. He
was not invited to sit with them.
"The meeting was open." declared a
committeeman stoutly, this morning, "U
all Populista And all that were here
were Populists. There was a whole
roomful of them. There were no Demo
crats here."
The members of the committee say
they did not decide on anything last
night. They left their decisions to be
made at today's session. They say they
will not tell when they do get it done.
Taylor Riddle left on the first irain
for Marion this morning. It is thought
he could not do very much with his old
associates along his way of thinking.
At the close of their midnight session
the People's party state central com
mittee had agreed upon one thing which
clinches the argument that they are go
ing it alone in the future. They selected
the design which shall go upon the bal
lot for the official party emblem.
"The typical Kansas home," i the
way the emblem is described. Then?
were a dozen different suggestions. The
design for the emblem is left to Repre
sentative W. J. Rabb of Sedgwick, to
complete. This duty was assigned to
him. ' , II
Just before leaving for his home at
noon today. Judge Babb said: "The em
blem will be 'a typical Kansas home.
No palace or mansion, you understand;
a cottage with implements and decora
tions characteristic of the state. A sun
flower or two, perhaps, will be included
in the rural scene. It is aimed to have
the emblem truly representative of tho
idea intended to convey."
KANSAS AT PAR.
Winter "Wheat Condition Stands
at 100.
New York. May 7. Carefully consO
dated reports from American agricul
turists corps of observers make the May
1, condition of winter wheat 91.5 against
95 last month and compared with an
average at this date for five years of
84. April was wholly favorable for the
development of the wheat crop over the
greater portion of the belt. The report
shows little damage through insect posts
outside of Texas, Oklahoma and Michi
gan. No crop in twenty years has steed
better than the present one in the all
important features of roots and stools.
The spring wheat crop has been sown
under highly favorable conditions, says
the report, and while seeding in the ex
treme north is not quite completer!,
enough is known to make It apparent
that the acreage Is fully equal to that
sown last year. There has been an
abundance of early moisture over the
whole belt xcept in a limited portimi
of South DaKOta. The condition Mav
1, of wheat by states includes Ohio, -v;
Kentucky, 85; Michigan. M; New Vork.
Pennsylvania and Indiana, 5; Illinois.
96: Kansas, 100; Nebraska, 'M; Califor
nia, 0.
Attorney Foster Dead.
New York, May 7. Clarence M. Fos
ter, a well known lawyer, died at his
home in this city last night. He was a
graduate of Dartmouth college and the
Columbia law school. In lr.S, he went
to San Francisco, where he practiced
law for two vears. In 1S75 he returned
to this city, and took up his profession
here.