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The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, December 30, 1901, LAST EDITION, Image 1

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn82016014/1901-12-30/ed-1/seq-1/

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Judge llazen Knocks Last Prop
From Liquor Ordinance.
Says City Can Not Pass Search
and Seizure Law.
Left With No Authority For
Raids on Joints.
Judge Holds That City Charter
Isn't Broad Enough.
No Provision For Seizure and
Destruction of Property.
Judge Hazen this morning decided
that the council of the city of Topeka
ha3 no right to pass an ordinance for
the search- of places where liquor is il
legally sold and for the seizure of li
quors found there. The court held that1
unless the legislature gave express and
not implied authority for a search and
seizure ordinance or unless provision
was made In the city charter for the
destruction of property that the council
could not pass such ordinance and that
the present ordinance is invalid. This
leaves the city practically without an
ordinance under which the police can
successfully prosecute the illegal liquor
In delivering his opinion Judge Hazen
"If the city has authority to pass an
ordinance authorizing the seizure and
destruction of property it is by virtue
of express authority granted by the leg
islature. The authority to seize and de
stroy property has been recognized and
held to be the exercise of a high judicial
power and cannot exist by inference or
implication. In discussing this question
Judge Dillon, in his work on municipal
corporations, says: 'A corporation, un
der a general power to make by-iaw3,
cannot make a by-law ordaining the
forfeiture of property. To warrant the
exercise of such an extraordinary auth
ority by a local and limited jurisdiction,
the rule is reasonably adopted that such
authority must be expressly conferred
by the legislature.' This proposition, a3
laid down by Judge Dillon is well sup
ported by numerous decisions.
"In the case of Henke vs. McCord, the
supreme court of Iowa says: 'It has
been quite uniformly held that a muni'
cipal corporation has no authority to
pass an ordinance creating a forfeiture
of goods and chattels as a penalty for
violating its by-laws or ordinances, un
less such powers are expressly granted
by its charter.
"In the argument of the question
whether the legislature of this state has
expressly conferred upon cities the
power to seize and destroy property, it
was contended by counsel for the city
that such power is granted by sub
division 28 of section 11, chapter IS of
Dassler's statutes, and it was also ad
mitted that no such authority exists
unless it is conferred by that sub-divis
Ion of section 11.
"Sub-division 28 provides that the
mayor and council of cities of the first
class shall have power 'To prohibit and
suppress the, tippling shops, saloons,
dram shops, club rooms, to restrain.
prohibit and suppress slaughter houses,
houses of prostitution, disreputable
houses, games and gambling houses,
dance houses, keno rooms, desecration
of the Sabbath day, and all kinds of in
decency and other disorderly practices.
disturbance of the peace, assault and
battery, and pettit larceny, and to pro
vide ror the punishment thereof.
"It is contended on behalf of the city
that. In suppressing saloons, tipplin
shops, etc., enumerated in this sub
division 28, the city has authority to
seize and destroy the liquors and para
phernalia of such places. But if this
construction is placed upon the statute,
then the power to seize and destroy
property is not by reason of its being
expressly conferred but arises solely by
inference, as an incident to the exer
cise of an express power. The word
suppress,' as used in this statute does
not mean the destruction of property
but it contemplates the suppression of
the place by punishing the keeper there
of or the offending cerson. and means
the same when applied to tippling shops
" saioons as wnen applied to slaugh
ter houses, houses of prostitution, dese
crations of the Sabbath, etc It cannot
be reasonably claimed that in the exer
else of the power conferred bv this stat
ute the1 city would be authorized to pass
ii uruinanee proviuing ror the seizure
and destruction of personal property
used in running a slaughter house or
house of prostitution or to seize and
destroy property used by a Demon en
gaged in a desecration of the Sabbath
oy Keeping his place of business open
on Sunday in violation of law.
"If the contention of the city is well
founded that the 'suppression' of an un
lawful place, as enumerated in subdivi
sion 28, includes the right of seizing and
uesiruying property, tne logical conclu
sion would necessarily be that the city
would be authorized to destroy the
building in which such unlawful nlo.ee
was maintained, if that was necessary
to the suppression of the place.
'Section 11 of the city charter act Is
uiviaea into 44 subdivisions, and in each
one of these subdivisions power to do
me tnings tnerein enumerated is ex
pressly conferred, but in the entire sec
tion there is no place where authority
Is granted to ordain the seizure and de
struction of property, except in subdivi
sion 25, where the power is expressly
conferred to destroy dogs running at
large contrary to ordinance.
"It seems clear that it was never in
tended by the legislature to confer this
extraordinary power upon cities, as con
tended on behalf of the city in this ease,
for if such intention had existed the
power would have been expressly con
ferred. "The court holds that since there is no
express authority granted to a city to
pass ordinances for the seizure and de
struction of property, it necessarily fel
lows that any seizure and destruction
or property under such an ordinance
would be unlawful."
4.clty Attorney Spencer, in discussing
The search and seizure decision by
ii Kt Hazen tn,s morning, said: "The
city has got to work on what is left of
ordinance 2192. That was passed last
November. This decision knocks out th
Beareh and seizure clause of that ordi
nance and in addition means that the
city can not pass any search and seiz
ure ordinance. As a matter of course
trie Cray habeas corpus case appealed
from tne police court to the supreme
eoart will bring a decision upon the
same questions as were before . Judge
Hazen, in this way: if the supreme
court holds contrary to Judge Hazen
and that the section of the Hurrel law
giving cities power is good then the
cities will have power to pass ordi
nances under the i furrel law. All that
has been passpu o . by Judge Hazen up
to this morni ijr was mm'on to quash
in the Parish cr ,'.t 'brtuy that
the Hurrel law ! not :tprly. The ma
terial question cow ta tt bedded, is
how far cases can be prosecuted under
ordinance S192 with the seraei an1"
seizure clause knocked out. There .
several points yet to be decided. Then?
are many cases pending and just what
effect this decision will have on them
will have to be decided. The nuisance
and sale clause may still be good. The
city has no appeal from this decision of
Judge Hazen 's nor from the decision on
the Hurrel law."
Humored However That Burton
May Again Take Him Up.
Secret Got Out Through Presi
dent Roosevelt Himself.
Now that Christmas is over interest
In the United States marshalship is re
viving. At the time that President
Roosevelt appointed Colonel Metcalf as
pension agent it was rumored that L.
S. Crura, whom Senator Burton had
recommended for the marshalship,
would be turned down, and in support
of this a Washington dispatch quotes
President Roosevelt himself as saying
that Crum would have been turned
down if Burton had not dropped him.
Notwithstanding this Crum stock is
looking up a little. While other people
have been celebrating the Christmas
festivities, Crum- has been hustling.
Within the past few days he has been
sending all sorts of endorsements to
Washington. He is an old soldier and
has been getting all the old soldier en
dorsements possible, and it is now re
ported that Senator Burton is once
more getting behind Crum's candidacy.
One thing in Crum's favor is the fact
that Pete Foley, of Parsons, is against
him, although Foley himself gives it
out that he will have sufficient influence
with H. C. Payne, the incoming post
master general, to be retained as post
master at Parsons instead of being
ignominiously turned down as Post
master General Smith recommended,
and as President Roosevelt announced
that he would do with Foley.
Apropoo of the appointment of Payne
to the cabinet, it might be noted that
Mr. Payne is a. good friend of Cyrus
Leland. He is, in fact, one of two men
whom Mr. Leland especially recom
mended to President MeKinley for
places upon Mr. MeKinley's first elec
tion in Leland and Payne served
on the Republican national committee
together, and when Mr. MeKinley asked
Mr. Leland what he wanted for himself
he replied that he wanted nothing, but
he would like to see Payne and 5. V?
Dawes given good places. Early In 1897
Leland also got a resolution through
the Republican caucus of the Kansas
legislature endorsing Payne for a cab
inet position.
For this reason Mr. Foley, the protege
of Senator Burton, may not stand any
better with the incoming postmaster
general than he does with the outgoing,
and the fight which is proposed on
Fourth Assistant Postmaster General
Bristow may not have as much weight
as it otherwise would.
The report that Burton had dropped
Crum some time ago came Irora
chance remaxk dropped by President
Roosevelt at the time Representatives
Calderhead and Long called on him m
the interest of Leland and D. W. Mul-
vane happened in at the same time. At
least this is the statement made 1,1 a
dispatch from Washington. According
to this dispatch the president said to
Mr. Mulvane when the latter '"entered
the room:
"I "have given these gentlemen more
time to work upon Leland'8 case, but
have told them that I don't want to
name him over Burton's protest. I have
turned Burton down on the Foley and
Tracy appointments and would have
done so on the Crum appointment nao.
the senator not dropped it. I don't like
to do anything more to humiliate him."
When the president spoke about Bur
ton dropping Crum the members of the
delegation, with surprise, looked at Mul
vane. He was somewhat nonplussed.
"It must be a mistake about Burton
dropping Crum, Mr. President," said he.
"Oh, I guess not," replied Roosevelt.
"The attorney general gave me the in
formation." Attorney General Knox must first pass
on the marshalship before it reaches
the president.
Between Foraker and llanna
Partisans in Ohio.
Columbus, O., Dec. 30. The Ohio leg
islature which elects the successor of
Senator Foraker convenes here next
Monday. The party caucuses to nomi
nate candidates for presiding officers
and other persons in both branches of
the general assembly, will be held next
Saturday night. As the Republicans
have a large majority in both houses,
and as there is no opposition to the
election of Foraker, the senatorial ques
tion for this session is settled, but there
is a very bitter contest in progress bear
ing on the re-election of Senator Hanna
two years hence, as it is said that a
majority of Republican members will be
re-elected to the next assembly. '
Senator Foraker is at his home at
Cincinnati and Senator Hanna remains
in Washington. Neither is expected here
this week, but both are in constant
communication with the leaders of their
respective forces. John R.Mallory.secre
tary of the state committee and oil in
spector under Nash, is manager of the
Hanna forces and ex-State Chairman
Charles H. Kurtz who w-as private sec
retary to Foraker, as governor and who
headed the fusion in the legislature
against Hanna four years ago, is mana
ger of the anti-Hanna forces. It is
claimed by the Hanna men that the
present contest is "the same old fac
tional fight of 1897-98 over again." The
Foraker men claim that they are simp
ly exercising their right to support their
Both factions have their respective
tickets for the caucus nominations and
they are called the Hanna and the
Foraker tickets as openly as the desig
nation of the Democratic and Republi
can tickets in campaigns. Four years
ago the contest did not end with the
party caucuses, but it was carried into
the legislature.
It is conceded by both sides that the
results of the caucuses next Saturday
night will be final. i
Willie Sells Has Trouble in the
Sells & Gray Circus Attached
by the Officers.
Mr. Gray Arrested For Cruelty
to Animals.
Unpaid Salaries and Other Ob
ligations Make Trouble.
The Sells & Gray circus, owned by
Wm. Sells, of Topeka, and J. H. Gray,
of Kentucky, has stranded in Louisiana
near New Orleans.
The following is from the New Or
leans Picayune:
Following the dissolution of the part
nership between the supposed owners
of the Selis-Gray circus, which reached
Algiers Monday morning from Jeaner
ette. La., and the failure of the pro
prietors of that show to take proper
care of their animals. Special Agent
James A. McQuaid, of the State Society
for the Prevention of Cruelty to Ani
mals, appeared before Recorder Barras,
of the Algiers recorder's court, anfl pre
ferred an affidavit against William Sells
and J. H. Gray, charging them with vio
lating the city ordinance relative to
cruelty to animals. Warrants were im
mediately issued for their arrest, but up
to a late hour last night they were not
apprehended, though the police authori
ties know where they are residing.
Agent McQuaid said that he filed the
affidavits on information received from
E. D Barnum, William Saunders, who
had charge of the menagerie, and Rich
ard Curry, who stated that the lion,
jaguar and hyena, the only iiesh eating
animals in the show, had not been fed
since 11 o'clock Monday, a short time
after the arrival of the circus in the
Fifth district. Mr. McQuaid remarked
that after he had consulted with -the
society's legal advisers he found that it
was the duty of Messrs. Sells and Gray
to feed the carnivorous animals, for
they were not attached in the suit of
the Donaldson Lithograph company,
which was instituted in the civil district
court on Tuesday against Mrs. E. G.
Sells et al.
Yesterday Deputy Sheriff A. E. Au
burtin served the following order on the
Southern Pacific and the Morgan's
Louisiana and Texas Railroad and
Steamship company:
"Please take notice that by virtue of
a writ of attachment issued in the
above mentioned suit I have taken in
to my possession all the property of the
Sells and Gray United Shows, exclusive
of the elephant, camels, lions, and other
animals constituting the menagerie;
but will, however, seize the vans and
cages in which said animals are kept,
together with all other animals, prop
erty, appurtenances, cars, etc."
Immediately following the filing of
the suit, which is for J5,000, said to be
due the plaintiff on a printing bill, a
dispute arose between the circus own
ers and the sheriff as to who should
feed the animals and other live stock.
The defendants maintained that it was
the sheriff's duty to take care of the
animals, while on the other hand the
city official said he was only compelled
to feed the live stock implicated in the
suit. He said that none of the animals
in the menagerie were seized, therefore
the show proprietors must take care of
Mr. McQuaid settled all doubts by
telling the real owners of the menagerie
that they must feed their animals, and
if they did not do so pretty soon he
would be forced to take them to jail.
The agent left the scene where the cir
cus -cars are lined out, and uoon his
return he was informed by Mr. Gray
that the flesh-eating animals had been
well provided with fresh meat. The
remainder of the live stock were fed
and watered to the agent's entire satis
faction, but since Mr. Gray and Mr.
Sells had neglected to feed them before,
the affidavits were preferred.
All during yesterday forenoon the
half-starved lion paced up and down his
cage, yelling like a Comanche Indian.
The king of beasts growled until he was
heard for some distance away, and each
time he passed the opening leading into
his cage he pawed in a desperate effort
to get out. The poor animal was
frenzied for something to eat and dnnl:,
and when the keeper finally did push
the dripping cow's meat in the cage he
rushed forward and devoured it with
ferocious relish. He was almost starved
and it did not take long for the lion to
eat the ten pounds of meat that had
been given him.
The jaguar and the hyena were also
fed, but they did not become maddened
by the want of food. The bears, which
also belong to the mammalian species,
did not fare so badly, for they were fed
on bread and vegetable matter some
time before yesterday.
It developed yesterday that the men
charged in the affidavits are not the
owners of the Sells-Gray United Shows,
but only managers. The combination is
owned by their wives, and they have
been the "acting managers."
Mr. Gray said that the 25 per cent
paid the employes of the show Monday
in Algiers instead of their full sa'ary
was furnished by the Donaldson Litho
graphic company, of Newport. He said
this firm is now in possession of the
men's claims for salary due them, and
that when the showmen received the 25
per cent they were forced to sign away
their claims in favor of that company.
Mr. Gray said that the horses. 26 in
number, that were taken from the
show's bunch of live stock were not the
property of the circus, but he declined
to say who they belonged to. He re
marked that when necessary he would
show the missing horses to the court,
but not before. He refused to state
their whereabouts.
Mr. Gray declined to say if he would
attempt to buy in the show's property
when it is offered for sale by the auc
tioneer. A sale of the show was since ordered
to take place on January 7.
Mrs. William Sells who is in Topeka,
said to a State Journal reporter: "There
is nothing of any moment in thse
stories. AH shows have more or less
trouble in settling their printing bills
on the final settlements at the end of
the year, for the reason that there is
generally a difference in the checking.the
paper received does not correspond with
that shipped. My husband is not in
hiding. He is at the St. Charles hotel,
New Orleans, and will be here New
Year's day."
Weather Indications.
Chicago, Dec. 30. Forecast for Kan
sas: Fair tonight and Tuesday; mod
erate temperature; westerly winds. 1
Tracks of the Philadelphia &
Reading Submerged.
Schuylkill River Out of Its
- Banks at Quaker City.
Work Suspended at Many Manu
facturing Plants.
Wissahickon Drive in Fairmont
Park Out of Sight.',
Four Lives Lost by .High Water
in the South.
Great Damage to Property and
Much Suffering.
Phila.delphia, Dec. SO.-i-The rain which
has fallen almost incessantly since Sat
urday evening has resulted in a danger
ous freshet in the Schuylkill river and
today the water of that stream is 15Vi
feet above 'normal. All of the big In
dustrial plants along the Schuylkill at
Manayunk and Norristown, near here,
are flooded and work has been suspend
ed. The county bridge at Port Kennedy,
Pa., has been wrecked by the flood and
the tracks of the Philadelphia & Read
ing railway at Spring Hill, about eight
miles from here, are submerged. Traf
fic, however, has not yet been seriously
In this city the river is out of its
banks near the Baltimore & Ohio rail
road station, the water having backed
out to Twenty-fourth, street, the first
thoroughfare east of the station. Cel
lars of dwellings are flooded and many
residents along the river early today
sought safer quarters.
The Wissahickon drive, through Fair
mont Park, which runs along the
Schuylkill river for miles, is under wa
ter. Two new brick dwellings in Kensing
ton in the northeastern section of the
city collapsed early today, having been
undermined by the heavy rain. The
houses were not occupied. Neai by
farms at Tacony, Wissinoming, College
ville, Holmesburg and Torresdale, su
burbs of this city, have been seriously
damaged by the storm and the cellars
of the residences are flooded. Small
creeks emptying into the Delaware river
are out of their banks, and the flat
land between Frankfort and Bri-iesburs
Is under several feet of water.
Reading, Pa., Dec. 30. A 13-foot flood
was raging In the Schuylkill river early
this morning as a result of the heavy
rainfall of the past two days. No se
rious damage was done, however, and
the water is receding.
Harrisburg, Pa., Dec. 30. The Susque
hanna river is again rising and there
are indications of another flood if the
rain continues to fall as heavily as it
has during the last two days.
At midnight the river stood at 4
feet above low water mark, and this
morning it was slowly rising.
Paxton and Conologuinot creeks In
this locality, and the Yellow Breeches
creek below Harrisburg, are bank full
and rising. The indications are that
similar conditions exist in the 'creeks
above this city, as the heavy rainfall
has been general throughout the state.
Norristown, Pa., Dec. 30, The Schuyl
kill river, which had been steadily rising
for the past 24 hours, is receding and
the danger is believed to be over. Much
damage has been done to the mills and
factories along the river between here
and Conshohocken. At the Woodstock
woolen mills, the first floors 'are under
water and 300 employes are thrown out
of employment in consequence. The new
bridge being constructed over the river
at Port Kennedy has been washed away.
Along the Perkiomen creek much dam
age resulted, as the water rose 14 feet.
Street car traffic between this city and
Swedeland. which was suspended last
night, because of the flood, will be re
sumed late today as soon as the debris
can be cleared away.
Serious Damage Is Averted by Cold
Pittsburg Dec. 30. The threatened
flood as a result of the heavy rainfall
of Saturday and Sunday has been
averted by the cold snap and the rivers
at this point will not reach over a
twenty foot stage.
At 10 o'clock the marks registered XS
and rising slowly. Dispatches from the
headwaters report the waters falling at
all points.
During the night a big ice jam form
ed in the Allegheny river between the
Fort Wayne railroad bridge and the
bridge at Sixteenth street and for a
time threatened to sweep the new rail
road bridge away. The gorge caused
the rivers to overflow and at 4 o'clock
this morning Pine street and River ave
nue, Allegheny, were flooded. The
Allegheny department of public safety
at once sent out men to warn people
living in the lower part of the city to
vacate their homes, but a half hour
later the jam suddenly broke with an
awful crash.
The ice was forced between Fort
Wayne bridge piers by the immense
volume of water and some of the false
work under jthe new bridge was torn
away but oilierwise the structure was
not damaged. About 25 loaded coal
barges, lying along the bridge on the
Allegheny side were torn from their
moorings and forced up on River ave
nue. They were badly damaged as was
considerable freight in cars along the
Pittsburg and Western railroad tracks.
The loss to property will amount to sev
eral thousand dollars. The rivers are
now rapidly being cleared of Ice and no
more damage Is expected.
Four Lives Lost and Much Damage
to Property in South.
Atlanta. Ga., Dec. 30. The torrential
rains of the past two days in Georgia,
Alabama and East Tennessee and por
tion of North Carolina caused the death
of four persons as far as known and
(Continued on Sixth Page.)
T '
Popnlist State Convention Will
. Be Held Here Feb. 21.
Four Hundred Thirty-fire Del
egates Provided For.
On Its Result Hangs Future of
the People's Party.
Official Call Issued by State
Central Committee.
The Populist state convention to de
termine the future policy of the party
will be held in Topeka. There was a
disposition on the part of some of the
members of the state committee to take
it to Wichita, but it was finally decided
that it would be better to hold it in To
peka, as Topeka is more easily reached
from all parts of the state. W. J. Babb.
of Wichita, presented the claims of that
city,- offering a free hall and the nec
essary printing free.
The date of the convention, as an
nounced Saturday, will be Friday, Feb
ruary 21. It will be made up of 43b
delegates. It is recommended that
county conventions for the election of
delegates to this convention, be held on
Saturday, February 16, the Saturday
preceding the convention.
In the call which has been Issued for
the . meeting, it is called a conference
instead of a convention, in order to dis
tinguish it from the nominating conven
tion which may be held later.
It is said that there were three mem
bers of the state committee who were
opposed to the conference idea at all.
They were w. J. Babb or wicmta, ti.
N. Gaines of Topeka and Henry Honey
of Mankato. They favored calling a
state nominating convention only, to
put a state ticket in the field regard
less of the Democrats, thereby ignoring
completely the invitation of the Demo
cratic state committee to the Populists
to go into the Democratic primaries and
become a part of the Democratic party.
There is an element in the Democratic
party which desires to keep the Popu
lists out. There is another element
which is anxious to have the Populists
accept the Invitation, even if they take
complete control of the Democratic
The Populist leaders who favor going
into the Democratic party will Immed
iately begin a campaign along that line,
hoping to receive their reward from the
state convention in case tney are suc
cessful. They figure that such an ac
tion would place them at the head of
the Populist party, and the only way in
which the Democrats can head off their
taking full control of the machinery of
both parties would be to call tnelr state
convention prior to February 21. If the
Democrats should do that the Populists
doubtless would go near the Democratic
criinaries wur, Ifcsre wo!a be no dan
ger that they would capture the Demo
cratic machinery.
The representation for the Populist
conference will be on the basis of one
delegate for every 500 votes cast for
John W. Breidentnal for governor In
1900, and one delegate-at-large for each
county. This makes the apportionment
by counties as follows:
Allen 51 Linn 5
Anderson 5 Logan .. 1
Atchison 7; Lyon 7
Barber 3 Marion 4
Barton .... S Marshall .... 6
Bourbon 7;McPherson 5
Brown 6j Meade 1
Butler.. TIMiami 6
Chase 8 Mitchell 4
Chautauqua .. ... 4j Montgomery .. .. 7
Cherokee 12i Morris 4
Cheyenne 21 Morton 1
Clark II Nemaha 6
Clay BtNeosho 6
Cloud B Ness 2
Coffey 5! Norton 3
Comanche ... .... 1! Osage 7
Cowley SI Osborne 3
Crawford Ill Otta wa 4
Decatur 3j Pa wnee 2
Dickinson 6 Phillips 4
Doniphan 4i Pottawatomie .... 5
Douglas ., 6; Pratt , 3
Edwards 2 Rawlins 2
Elk 4Beno 7
Ellis 3 Republic 5
Ellsworth 3; Rice 4
Finney 2! Riley 4
Ford 2 i Rooks 3
Franklin 61 Rush 2
Geary 3;Russell ..... 3
Gove 21 Saline 5
Graham .... ...... 2 Scott 1
Grant 1: Sedgwick 11
Grav l! Seward 1
Greeley ... 1; Shawnee 12
Greenwood 5 Sheridan 2
Hamilton lSherman 2
Harper 4; Smith 5
H arvey 4i Stafford 3
Haskell 1 Stanton 1
Hodgeman 2 Stevens 1
Jackson 5 Sumner 7
Jefferson 5i Thomas 2
Jewell 6 Trego 2
Johnson 5Wabaunse 4
Kearny 1 Wallace 1
Kingman 3! Washington 6
Kiowa 2j Wichita 1
Labette 8! Wilson 5
J-ane li Woodson 3
Leavenworth .. .. 91 Wyandotte .. ..... 15
Lincoln 4
Total .'.435
In connection with the call an address
"To the People's Party of Kansas" has
been issued, signed by E. R. Ridgely,
chairman of the state committee, and
J. ' H. Curran, secretary. The address
was prepared by H. W. Young, P. P.
Elder and Grant Harrington, after a
conference with Mrs. Annie L. Diggs,
Saturday afternoon. It is as follows:
"To the People's Party of the State of
"Your -committee realizes that ques
tions have arisen involving the rights
and liberties of the people composing
our party, their power to make their
will effective through the ordinary
methods and forms of law, and that the
election machinery; whose object should
be to aid the people in the expression
of a free choice among men and meas
ures, has been perverted so as to
thwart such expression.
"Believing that in all times of doubt
and danger, as well as when questions
involving the rights and interests of the
people are pending, and having in view
the fundamental principle of Populism
which demand that they, the entire par
ty membership, shall have a voice in de
ciding party policies and party expres
sions, we have determined to call a del
egate conference in which the whole
party in the state may be represented
and counsel together ac to a future
"Harmoniously united in our devotion
to the principles for which our party
has stood through all its history, as well
as in our attachment in the organiza
tion in which we have stood shoulder to
shoulder for a decade, with no thought
of abandoning our warfare on economic
evil nor of lowering in the slightest de
gree the standards of civic righteous
ness we have set up, yet we cannot ig
nore the fact that conditions confront
us which render new political methods
indispensable to success.
"Possessing' the power to harass and ,
oppress opposing parties, our Republi
can opponents in the last legislature
used it; to enact a ballot law which de
prives those parties and the people who
compose them of the right to nominate
and vote for such candidates as com
mend themselves to their judgment and
to their conscience: and at the same
time render the ballot a juggling puzzle
to every voter who is not a party slave.
By such legislative oppression and in
famy they evidently proposed to insure
for the Republican party a perpetual
lease of power, and they have succeeded
by practically disfranchising nearly one
fourth of the voters who participated in
the last election since the-enactment of
that partisan, unjust and unfair ballot
"To take measures and decide upon a
line of policy to circumvent these plots
and machinations of our Republican op
ponents, we have deemed a conference
representing the entire membership of
our party both prudent and necessary.
We must decide whether we will go Into
a triangular contest, thus allowing the
common enemy to divide and conquer
us In detail and rendering success im
possible next year or for years to come,
or whether we will plan to continue co
operation with those who have been our
allies during the last two national con
tests, in working for the overthrow of
the Republican domination and the res
toration and preservation of the righLs
and privileges of which that party has
plotted to deprive us.
"Various plans have been suggested
by which we can circumvent our ad
versaries, and the delegate conference
which we have agreed to call will un
doubtedly be able to decide whether any
of them are advisable, and In that way
we can make our Influence most effect
ive for the promotion of these prin
ciples of government to which we are
devoted. It is earnestly requested and
desired that in each county ..the conven
tions to select delegates to" the coming
conference be as largely attended as
possible and that the fullest and freest
expression as to our future course be
encouraged, to the end that the confer
ence may be able to crystallize the
thought and wishes of our entire mem
bership." QUAY"TOJETIRE.
Resignation of Pennsylvania
Senator Seems Assured.
Washington, Dec 30. It was stated
on good authority at the capital today
that Senator Quay will never return to
his seat in the senate; that he is pre
paring to retire from active political
life in the near future.
In a letter received at the capital It
was positively asserted that the Penn
sylvania statesman has decided to re
sign from the senate. Mr. Quay has
been unable to attend the sessions of
the upper body except for one day
since the Fifty-seventh congress con
vened. He has remained in Florida and
his health, instead of improving, has
gradually grown worse. To return to
Washington, it is said, would be but to
imperil his life. Senator " Quay has
stated that he would like to remain
here to attend to -legislation In which
he is especially interested, but that he
found this impossible. His friends say
that, even under the most favorable
circumstances he would hardly be able
to serve out his term as United States
Mr. Quay has at present. It Is claimed,
no desire to remain in public life, and
will surrender as soon as he can do so
and do justice to his friends. He can
not longer take an active part in legis
lation, and as he has won all of his
battles he is content to retire with pres
ent honors. It is admitted by a senator
who is close to Mr. Quay that the resig
nation will be sent to Senator Frye be
fore many weeks.
Will Decline Roosevelt's Invita
tion For Mew Year's Day.
Washington, Dec. 30. Admiral Schley
has informed his friends that he could
not accept the president's invitation to
call at the White House New Year's
day. He will spend New Year's day
with his sister in Baltimore. He has
not seen her for several years. Inas
much as Baltimore is only forty-five
miles from Washington, and It would
be easy to spend ary day with her, it
is plain that he intends to indicate that
it would not be pleasant to pay his re
spects at the White House.
Both Sides Expect Mayor Deci
sion January 11.
Albert Parker and John White Steven
son Frierson Falls Neill Hughes agree.
Each one has expressed himself as rea
sonably certain that the supreme court
will decide the mayoralty contest on
Saturday, January 11. The attorneys
for both Mr. Parker and Mr. Hughes
are also quite confident that the case
will be decided on that date.
The interest in the case is intense at
the city building, and several import
ant items of city business are likely to
be held up to await the decision. Among
other matters, the license ordinance,
which Is billed to be the chief amuse
ment of the council next Monday night,
January 6, may be postponed for an
other month. Several of the council
men have expressed themselves as being
in favor of this plan.
"I believe in doing as little as possible
which would interfere with the policy
of Mr. Parker, in case he should be de
clared mayor," said one councilman to
day, who is friendly to the Hughes ad
ministration. "If the council thinks
best to postpone the consideration of the
license ordinance, I have no objection."
Among other important matters which
are likely to be held up pending the de
cision are the city park sewer, the raise
In pay for policemen, the raise In pay
for Dr. C. E. Judd, city physician, and
several pavement disputes.
His Counsel Says the Case Is
Closed on His Part.
New York, Dec. 30. Capt. James Par
ker, of Perth Amboy, N. J., one of Ad
miral Schley's counsel, said today that
Admiral Schley regards the case as
closed, but that his friends will ask con
gress to vindicate him by retiring him
on full pay and reimbursing him for the
expenses of bis trial.
Enthusiastic Meeting in Topeka
In Behalf of Boers.
Addresses Made by David Over
myer and J. G. Waters.
Says Time Has Come For United
States to Intervene.
Audienee Was Especially De
monstrative In Its Approvul,
Topeka'a ' pro-Boer meeting at th.i
Crawford Sunday attracted an audience
which filled the lower floor and bal
cony. For nearly three hours the audienca
listened with eagerness to the speeches
fired with patriotism. It is probably fair
to say that no other audience that ever
filled the theater sat through threa
hours so willingly and quietly as did
the audience Sunday. ,
It was a representative Topeka audi
ence, and the house was crowded, many
being compelled to stand, on the lower
floor. At the meeting politicians sat be
side other politicians and fargot their
surroundings, lawyers beside artisans,
merchants and teachers and doctors and
clerks, all apparently unanimous lit
their feelings of sympathy for the Dutch,
fighting for their liberty In the Trans
vaal. Before the close of the meeting the
resolution was read urging England to
accept the services of the president of
the United States and the Queen of
Holland as arbitrators of the questions
in controversy between England anil
the natives of the South African coun
try. It was adopted with a storm oS
Major J. K. Hudson, who preside at
the meeting, before Introducing IStie
speakers, David Overmyer and Capt. J.
G. Waters, made a brief address by
saying that from a personal standpoint
he was ready for the president and con
gress to say to the oppressed Boers that
the sympathies of the American people
were with them, and that the American,
people were ready to help them to the
extent of participating in the war.
"I would be willing that this should
be done," he said, "although the con
servative and commercial interests of
the country say it would not be right
that this country become involved with
any of the continental countries. To
see the difficulties settled peacefully, of
course, is much more desired.
"More English lives have been lost
than the number of the entire Boer
army, and the war is working devasta
tion In. the land of the noble Dutchmen
Of the Transvaal, and I say the time
has come when the United States shall
sav to England, in the name of human
ity and justice, that the war shall stop:
that we shall say the Boers have won
a right to their liberty and freedom,
and that this country has the right to
enforce that liberty.
"I hold the same sentiments In this mat
ter as I did in enlisting for the civil and
the Cuban wars. . I am a firm believer
in liberty; both religious and civil lib
David Overmyer in his speech out
lined the causes that led to the Boer
war and narrated the effects. His Rd
dress was interesting. He said:
Nearly 300 years ago a small party of.
Holland Dutch settled in South Africa,
on the southern shore of the continent
There came a time when they became
satisfied that they could no longer in
justice to themselves endure the rule of
Great Britain, under whose government
they then lived. And so feeling that the
rule of Great Britain was intolerable,
these people made up their minds to
leave the country. Their Journey was
beset with the greatest difficulties. Tha
wild, fierce animals of that continent,
the terrible African lions, not by ona
and two, but In droves and oacks lik
the wolves of America, and the fiercer
men of the desert beset their pathway
at every step. These tremendous dif
ficulties they overcame and planted!
themselves in a new home, put they,
were destined to have but a short re
spite from the rule of those from whom
they had withdrawn. Again the Brit
ish authority was asserted over them.
Again the old discontent broke out. We
cannot discuss their merits. Very like
ly there was wrong upon both sides but
that matters not. You know that no
people will pull up and leave everything
behind them without the greatest cause.
No slight differences will produce sue!
a tremendous movement as that. Arraii
and finally in 1836 they made a great
trek to the far north. The experiences
of this journey were similar to the first.
And among those who made mis jour
nev was the intrepid, the unconquera
ble, the immortal Paul Kruger. (Ap
plause). Eleven years old, with his rifle 1n his
hand, he marched beside his father's
rude wagon for 1,500 miles, and engaged
In every battle the men foiwrht with the
wild beasts and the wilder men. This
was the heroic mold in which was cast
that character which stands today and
casts its shadow colossal over the whole
This Is one of the reasons the war
has lasted so long. If you know Paul
Kruger as he is, you have the key to
the situation in South Africa. I will
therefore relate to you an incident of his
career in addition to that which I have
When he was 17 years old, with a lit
tle sister five years old. he was goin
from a far distant place to his father's
home; night overtook them five miles
from home, and as they were passing
along a huge panther leaped at the ox
team. The beasts were frightened and
ran away, throwing the little girl out
of the cart and onto the ground, and
instantly this wild beast leaped upo.i
her. No sooner was this done than Paul
Kruger, 17 years old, without a weapon
except those that Nature had given him,
seized the beast by the throat and iih
superhuman power threw it to the
ground and held it by the throat till Htf
life was extinct. (Applause.)
A man that can do that .at 17 year3
old cannot be conquered by any other
man or set of men. (Applause.) And
the people behind such a man as thut
cannot be conquered by any man or set
of men. (Applause.) The struggle was
terrific, his clothes were torn Into
shreds, his body, as you may well Imag
ine, was covered with wounds: the team
was gone: the brute was dead; the c hild
comparatively unharmed, was picked up
by Paul Kruger In his strong arms and
carried to their parental home, and not
until that child was safely deposited
Continued on Third PageJ

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