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I . 1 t.l 1 last; editioh. TUESDAY EVENING. TOPEKA, KANSAS, JANUARY 7, 1902. TUESDAY EVENING. TWO CENTS. - ) V IT BLEW OPEN BANKVAULTS. Six Masked Men Rob East St. Louis Stockyards Bank. Bind and Gas Night Watchmen and Fireman. SECURE $5,000 CASII. Put In Sine Hours in Getting Into the Strong Box. Books and Papers Badly Dam aged by Explosion. St. Louts, Jan. 6. Six masked men entered the National Stock Yards bank, north of East St. Louis, 111., last ni&U-, and after capturing and gagging Uie two night watchmen and fireman at the steam plant and blowingopenthevaults with dynamite, secured $5,0u0 in com and currency with which they de camped, early today. For nine hours, from 7 o'clock last night until 4 a. m. they were at work on the vaults with out being interfered with. The entire East St. Louis police force, aided by the St. Louis police, are guarding all trie avenues of escape, but as yet have ob tained no clue to the whereabouts of the robbers, who it is believed escaptd on horseback. Lee Philpot, one of the watchmen, a rough rider friend of President .Roose velt and a member of the well Known Kentucky family of that name, was the first to meet with the robbers. He was standing in the stock yards, near the Exchange building, in which the bans is located, when ne was addressed by three men, who sprang out of a fence corner with revolvers in their haud. They said: "We want you, Phiipot.'' and with that o"erpowered him before he could reach his revolver. The three robbers took Philpot to the composing room of the Daily National Stork Yards Reporter nearby and laid him on the floor. He was bound hand and foot and gagged with towels. While lying there three other men came in. Phiipot heard the leader of the robber gang say, "Let's kill him." He was deterred from doing this. Philpot says, by the other robbers. One of the six men was sent out with injunctions to secure the orV -era. Albert Estep, the other bank watch man, was caught on the steps of the Exchange building. The robber went up to Estep and addressed him by name. Thinking it was a friend, Etep was taken unawares, and when a revolver was thrust into his face was not In shape for defense. Tender threats of death he was forced to go to the com posing room, where he was al3o bound and gagged. Night Fireman L. W. Clark was taken unawares in the steam plant of the Ex change building. He resisted and was badly beaten with a sandbag before subdued. He was also taken to the composing room and left bound and gagged with his two companions. About midnight one of the robbers was left to guard the three captives while the other five went to the banic, which is located on the first floor of the Exchange building, near the center. With nitroglycerine the robbers blew open the steel doors of the vault. These doors, of a double thickness of steel, were shattered and the bank's books and papers blown into shreds. Entering the vault, the big steel safe with quadruple plate doors was next encountered. These doors were drilled and a charge of the explosive inserted, which blew them off. The explosion de stroyed more books and papers and scattered about $600 in gold and silver upon the floor. This money was nut taken by the robbers. They took all the currency and other coin, amounting to about to.OOy. as nearly as the bank's offi cers can estimate. The five men left the bank and signalled to the one who was guarding the captive watchmen and fireman. This man Joined his com panions. Five minutes after the robber guard left the composing rom Estep. who had not been bound securely, worked loose and released Clark and Philpot. This was about 4 o'clock. Estep then ran to the telephone and called up Charles T. Jones, general manager of the stock yards, and informed him of the rob bery. President C. Gordon Knox, of Lhe stock yards bank, was also called and he soon made his appearance at the stock yards. Mr. Knox said that if the robbers had made their haul the night , before they would have secured about $10,000 more than they got. They did not take any of the bank's papers, most of which were damaged by the two ex plosions. The vault and safe present a scene of wreck and ruin. The robbers were all masked. Some wore red bandannas over their faces, and the others had on black handker chiefs. The watchmen say that all the bandits appeared to be middle-aged men, none of them under 35 years of age; the leader, a man of about 40 or 45, was tall and slender, probably 6 feet 2 inches, with a sallow complexion, short brown moustache and black eyes. Lika all the others the leader wore a dark suit and a dark overcoat with a scft black hat. Philpot says that while he lay In the printing office he could hear two men outside, whose voices he recognized, yarding cattle. They were within 20 feet of him, and the five robbers ap peared quite uneasy and kept very quiet. In addition to the $5,000. the robbers secured $r50 left with the bank by As sistant Postmaster Bushell of the stock yards. This. Is the bank whose officers recently swore out a warran; charging Theo. Duddleston, the assistant cash ier, with embezzling $12,000. The foregoing recital of the robbery was secured In talks with the watch men and firemen. H. E. T. Hollister was at work In one of the offices on the floor where the bank is located when the robbers first made their appearance at 7 o'clock. He worked there intil 8:30 o'clock. He noticed several men. at dif ferent times, entering and emerging from the corridor. Some of them he recognized as employes, while others were strangers to him. The police of both cities are investigating the rob bery and It Is said some sensational ar rests may be made. Young Pullman Left Little. Redwood City, Cal., Jan. 7. The will of the late George M. Pullman has been admitted to probate here. The petition to the court stated that the estate was valued at $500,000, but the evidence showed it to be worth only about $ 000. Mrs. Pullman will go esst In a few days with the body of her husband. I MEET. Ex-Got. Glick Elected Delegate to Reciprocity Convention. Ex-Governor George W. GHck will represent the Improved Stock Breeders' association at the reciprocity convention on January 2L The ex-goTernor is an enthusiast on the subject of Mexican trade, having been down to Mexico to investigate it for himself, and he will doubtless be a prominent figure in the convention. Governor Stanley outlined the pur poses of the coming reciprocity conven tion to the stock breeders, explaining the present trade conditions between the United States and Mexico. He said that under present tariff conditions Kansas products, both agricultural and live stock, are practically prohibited from Mexico. Ex -Governor Glick followed along the same line. He had been to Mexico, and had talked with the business men and stockmen down there on the subject. They want closer trade relations estab lished and it will be a great opportunity for Kansas to dispose of a vast amouut of improved stock, grain and produce. No class of men. Governor Glick thougnt would receive greater benefit from trade with Mexico than the breeders of tine cattle, as the Mexicans want improved stock in order to arise the standard of their own cattle, and they will have to import it from this country. Following this others expressed them selves on the subject, and Governor Glick was designated to represent the association in the reciprocity conven tion. In reviewing the stock industry during the past year in his annual address. Governor Glick, who is president of the association, said: "it has been a good year for us. There were indeed few among our mem bers who were frightened by three or four weeks of excessive warm weather which we had or by the succeeding high price of corn, the staple feed. "The fine stock industry is one of the greatest of any in this state. The man who furnishes meat for the world is far greater than the one who increases the yield of grasa That is what Kansas does. Two years ago the receipts o Kansas cattle at the Kansas City mar kets were more than the combined re ceipts of seven other states." Governor Glick urged the Kansas stock breeders to prepare to make good exhibits at the St. Louis exposition next year. He also touched on the effort which has been made to divert the State Agricultural college from i:s original primary purpose of teaching agriculture, and stood up for Secretary Coburn's idea that the promotion of ag riculture should be one of the main pur poses of the institution. Oleomargarine, butter, free trade, wool, the tariff and several other things got mixed up in the morning session of the stock breeders' meeting today. That is, the subjects were mixed, not the articles themselves. The trouble was started by Charles F. Martin of Denver. Mr. Martin is secre tary of the National Live Stock associa tion and he was down ' on the morning programme for an address. He represents the beef end of the live stock industry more than the dairy end. and he called at tention incidentally to the fact that there are about 3t million steers or beef cattle in the live stock world and only about half that number of cows or dairy cattle. He also protested mildly against the dairy or butter men trying to secure legislation against oleomargarine or "bull butter." as the stockmen call it. He had no fight to make on the butter and dairying indus try, but he did not want that industry to make war on the "steer men," whose property is increased in value by the pro duction of oleomargarine from the fat of beef cattle. He did not think the dairy men were warranted in trying to secure prohibitive legislation asainst oleomargar ine, especially when there are twice aa many steers in the country as there are cows. The dairy or butter men In the conven tion looked upon this as an invitation to defend their cause, and for a time a warm discussion followed Mr. Martin's address. Cine thing led to another and not only was oleomargarine and butter discussed, but the tariff, freo trade, the wool mar ket, the hide market and several other subiects well. Col. J. W. Roblson of El Dorado poured oil on the troubled waters by making a plea for harmony between both branches of the live stock industry and advised that all live stock men work together in stead of against one another's interests. Several others wanted to talk, but Presi dent Glick shut off the discussion. . "You can see for yourselves." said the ex-governor and old time Democratic leader, "that I am just about bursting to make a free trade speech myself, but we have something else -on had so we will have to shut off this discussion." Others who made addresses or read pa pers this morning were Dr. N. S. Mayo of Manhattan who spoke on "Diseases of Live Stock:" John M. Fitch of Lawrence, who discussed "Sure and Profitable Crops to Raise for Live Stock:" and C. S. Sut ton of Russell, who gave some "Object Lessons from the American Roval and International Live Stock Exposition in lyoi." The sessions of the association are well attends today by the prominent stock breeders from all over the state. The breeders' banquet tomorrow night, which will be held immediately following the session of the State Board of Agriculture, promises to be a very successful affair. The association proper will- close to morrow afternoon and following it at 4 o'clock the opening session of the an nual meeting of the State Board of Agri culture will convene. The following is the programme for tonight and tomorrow: (Kvening Session 7:30 O'clock.) The Angora Industry W. T. Mclntire, secretary of the American Angora Goat Breeders association. Kansas Citv. The Horse Our Farmers Should" Raise T. A. Hubbard, Rome. The'Kvils and Extravagance of Horse Companies A discussion: J. C. Robison, S. O. Hanna and H. W. Avery. The Horse and Mule Industrv and the Market Requirements John M. Grant, Kansas City. Combination Sale and Judging Contest at Time of Annual Meeting General dis cussion. WEDNESDAY, JANUARY 8. 1902. (Morning Session 9 O'clock Steer Feed ers' Session.) Baby Beef Prof. M. H. Cottrell, Man hattan. The Steer to Feed for Profit J.D. Small, Atchison: C. P. Dewey, Manhattan; T. M. Potter, Peabody. The Relation of the Breeder of Pure Bred Stock to the Farmer and Feeder Herbert W. Munford, professor of animal husbandry, College of Agriculture, Ur bana. 111. The World's Fair at St. Louis in 1903. An official of the Louisiana Purchase Ex position company and members of the Kansas commission. (Afternoon Session 1 O'clock.) Reports of committees. Appointment of standing committees. Election of officers and directors. .The Work of Agricultural Colleges President E. R. Nichols, Manhattan. An Address Prof. W. A. Henrv. dean of the Wisconsin College of Agriculture. An Address Prof. S. C. Plumb, Indiana Experiment station. Adjournment at 3:45 o'clock. Governor Sends Troops Jackson, Miss., Jan. 7. The governor's guards have been ordered to proceed to Oxford, Miss., to protect Will Mathis, the alleged murderer, and those in jail with him under the charge of com plicity, frpm a threatened mob. STOCKMEN VANSANTSTRIKES Through His Attorney General the Minnesota Goiernor Files His Complaint Against Northern Securities Company. CITES MAJiY REASONS Why the Merger Should Be Forever Prevented. Lays State's Woes at the Door of J. J. Hill. Washington, Jan. 7. Attorney Gen eral Wallace B. Douglas of Minnesota, filed today in the United States supremo court the bill of complaint in the case of the state of Minnesota, complainant, against the Northern Securities com pany, defendant It is a. long document, about 10,000 word's, covering 32 pages of printed matter. The bill first points out the direct interest the state has in the pro posed consolidation. It still owns more than 3,000,000 acres of public land valued at more than $15,000,000 and traversed in part by the lines of the Great North ern and Northern Pacific railroads. If the merger is effected, these roads will cease to build spurs into these lands, or compete for their business. The value of the lands will not increase as it has under the spur of competition and the state will lose in the taxable value of its property. The lands will not be opened for years and development 'Will be arrested. It is next set up that the state ex pends more than $700,000 annually In the operation and maintenance of its educational, charitable and other public institutions; that this is mostly raised by direct taxation; that the amount which can be raised and the successful maintenance of these institutions for the benefit of Its citizens depend large ly upon free railroad competition. It has been the settled policy of the state to encourage railroad building by grant of lands and in this way over 10,500,000 acres iiave been granted, nearly all of which has been granted to the Great Northern and Northern Pacific and their subsidiaries. The complainant alleges that the rates on the immense shipments of wheat and other merchandise over the lines of the two companies have been lower than they will be under any arrange ment which contemplates unity of con trol. The bill then recites the charters and incorporations under which. - the Great Northern operates over 500 miles of road and cites the clause in Its char ter providing that its affairs are to be conducted by a board of directors which is to do all things necessary "and not inconsistent with the constitution and laws of the United States, or the laws of this territory, or this act." STRIKES AT HILL. It is further alleged that James J. Hill holds a controlling interest in the $125,000,000 of capital stock. The history and the charters of the Northern Pacific are similarly related, special attention being paid to the roads acquired and built within the state. By filing its articles of incorpora tion In Wisconsin, with the Minnesota authorities, the Northern Pacific be came subject to all the laws, regula tions and provisions of Minnesota. The facts as to the present personnel direc tory, the insolvency of the old company and its reorganization in 1893, the pur chase of the St. Paul and Duluth road In 1899, are recited at length. It is set up that the lines of these two systems are not only competitive between points within Minnesota, but that they furnish the only competitive lines be tween Minnesota and Puget sound and have so furnished for eleven years. They are also, with one exception, the only lines traversing northern Minne sota. A paragraph Is devoted to the Bur lington and the facts as to the terms on which its control was obtained by the two systems jointly, Charles Es Perkins, its former president, and pres ent director, being a director In the Northern Securities company. The cer tificate of incorporation of the latter filed in New Jersey November 13, 1901. is quoted in full. Taking up the Northern Securities company it Is set forth that it was or ganized by J. J. Hill, W. P. Clough, J Plerpont Morgan and "other associates of to the oratrix unknown," who at the time were continually in confer ence over means by which the laws of Minnesota might be successfully evad ed or avoided, and that It was so or ganized solely for purpose of effectina a consolidation of the Great Northern and Northern Pacific. The owners of a large majority of the stock of the two systems had agreed beforehand to transfer to the new company 75 per cent of the stock of the two systems on terms which are set forth in full and to retire the preferred stock of the Northern Pacific. PLAN TO EVADE LAW. In furtherance of the plan to evade the laws of Minnesota it was agreed that pending the delivery of the stocK to the Northern Securities company it should all be turned over to James J Hill, or be under his control. Tbe Northern Securities company It is charged, does not intend to purchase this stock, but simply to issue its own stock in exchange therefore. For these unlawful purposes the company Is about to receive, unless enjoined there from, all the capital stock of the Great Northern and Northern Pacific. This it is claimed, is part of a plan of Hill. Morgan and their associates, wherebtf the two systems are to be consolidated and placed under the direction of one man, or board of directors, through the defendant company and thus brine about and perpetuate a monopoly in railway traffic in Minnesota, and a complete consolidation of the two sys tems. One man, or board will thus, it Is alleged, be enabled to fix all rates on lines of the state to determine what trains shall be run, remove all com petition, and prevent the building of lines into new country or into com petitive territory. This agreement and the consummation thereof, is claimed to be "in restraint of trade, against pub lic policy and void." Under its terms the directory of the Northern Securities company may change its own rules, or may delegate all its authority to an executive com mittee. It is pointed out that Hill, the president, W. P. Clough, the vice presi dent and E. T. Nichols, the treasurer and secretary of the company, were all at the date of its organization, officers of the Great Northern and that a ma jority of its directors were also direc tors of the Northern Pacific It has been the settled policy of the state to prohibit consolidation of parallel, or competing lines, and the law of 1874 in which such prohibition is made, is quo ted in full as well as the amplifying act of 1881 and the anti-trust law of 1S99 prohibiting any combination in re straint of trade. It is set ud that the Northern Se curities company is a railroad corpora tion within the meaning of the Minne sota laws-and that Its design is to evade, escape and violate these laws In such way as to cause the state "Irreparable injury-" OWNS NO PROPERTY. It is not the owner of any other prop erty, or stock or securities, and is en gaged in no other business save that of management and control of the Great Northern and Northern Pacific. Already, so it is alleged, J. J. Hill, as president of the Northern Securities company, has dictated, changed and controlled the policy of the two constituent roads, and during December, 1901, it is alleged, the general managing officers of the Great Northern, acting under his direction, took charge of and are now engaged in managing a large portion of the busi ness of the Northern Pacific. It is al leged that it is the settled policy of New Jersey to allow the consolidation of only such railroads as are or can be connect ed to form continuous lines, and not to permit the consolidation of parallel or competing lines. The oratrix, claiming to have no other adequate remedy or re lief, except as prayed for in equity, asks that the defendant be required to s'sow cause why it should not be perpetually enjoined and restrained First From voting at any meeting of the stockholders of the Great North ern and Northern Pacific the capital of these companies, . and from attending in any manner such meeting. Second From aiding, advising, inter fering with or in any way participating in the management of the two systems. Third From permitting any of its officers, agents or servants from acting as representative, director, officer or employe, ' or exercising any control, management or direction over the same. Fourth From making any arrange ments or combinations having for their object such Joint control. Fifth From holding, owning or con trolling any of the stock of either com pany, the defendant company being re quired to reassign or retransfer all such stock to the person from whom it was received, taking in return its own stock issued In exchange therefor, and mean while to be enjoined in all respects In relation to said stock as hereinbefore prayed for. Sixth From receiving any more stock of the two companies in case it shall ap pear that the defendant company has not yet acquired a controlling interest in either. Seventh The oratrix prays permis sion to amend the complaint If neces sary and bring in other parties for the purpose of giving force and effect to any decree of the court, and asks the court to issue a subpoena against the defendant company and set a day for the hearing. Besides Attorney General Douglas, M. D. Munn, of St. Paul, and George P. Wilson, of Minneapolis, are named of counsel. The proceeding in the court was very brief. Attorney General 5ouglas was recog nized as soon as the court was conven ed and he then moved "for leave to file and present .a bill of complaint on the part of the state of Minnesota against the Northern Securities company." Chief Justice Fuller asked if notice had been given to the Securities company and being informed in the negative, said there was no rule requiring such notice. He added: "We will take the papers." Mr. Douglas handed In his bill of com plaint and also a brief citing authori ties. The attorney general and his as sistant consul, Messrs. M. D. Munn and George P. Wilson then retired. The court took the motion under advisement as usual in sucb cases and will give Its decision in due course of time. CRUM MUST GO. That Is the Latest Report From Washington. It looks as though the ice has broken and has let Lit Crum through into the cold, icy water. A report from Wash ington states that it was currently re ported there yesterday that President Roosevelt, had announced decisively that he would not appoint Mr. Crum as United States marshal for Kansas. A special dispatch from Washington to the Kansas City Star says: A report today that President Roose velt had told Senator Burton positively that he would not appoint L. S. Crum United States marshal was discussed with interest by Kansas politicians at the capitol. Although Mr. Burton re fused to say whether it was or was not true, there was an impression that there soon would be interesting developments in the marshalship contest. This afternoon there was a confer ence at "Representative Curtis' commit tee room in which Senator Burton, the national committeeman, D. R. Mulvane, who reached Washington this morning; Representative Miller and Representa tive Curtis participated. The purpose. It is said, was the selection of some other Republican for marshal if it is found that Crum will not be appointed. One of the Kansas members of the house said today there were at least twenty candidates for the place and that these ambitious gentlemen were writing and telegraphing their friends of tne Kan sas delegation to find out if Crum had been eliminated from consideration in connection with the marshalship and if the coast was clear for them. The be lief is that the appointment will be made In course of the coming week." If this report is correct it will be the third time that Crum has been prom ised the office of United States marshal by a United States senator and has then failed to land. The first time was when Plumb was senator. Crum thought he had the job solid, but another man got it. He thought the same thing when Senator Baker was elected, but W. E. Sterne has been drawing the salary. Crum thought the third time would prove the charm, but it apparently has not done so. DEPOT BURGLARIZED. Thieves Break Into Missouri Pacific Station. Thieves broke into the Missouri Pa cific depot last night and rifled three trunks which were in the baggage room. The local agent of the road, F. E. Nipps, has no means of knowing what was stolen. The trunks did not belong to Topeka people. Entrance was gained to the depot through a back window. The thieves did not get into the ticket office, and no money or other railway property was disturbed. It is believed that the work was done by tramps or local "talent." GOME BACK TO THEIRCAPITAL Emperor of China and the Dow ager Empress Welcomed to Pekfn by Thous ands of Loyal Subjects. NOTHING LIKE IT SEEN. Most Brilliant Scene Ever Wit nessed in the City. Royalties Borne inYellow Chairs Under Silk Umbrellas. Double Rows of Kneeling Sol diers Four Miles Long. Pekin, Jan. 7.-12:45 p. m. A tele phone message from Mia-Chia-Fu sta tion outside the city.announced the spe cial train bearing the emperor and em press dowager as Just arriving. Thou sands of officials had asesmbled there to receive their majesties. The entire route to the entrance of the palace was lined with troqps. The imperial cortege entered the For bidden city at 1:30 o'clock this after noon. It was the most brilliant scene Fefcin ever witnessed. The procession consisted of a thousand gorgeously at tired noblemen, mounted upon glitter ingly caparisoned horses. The emperor, the empress dowager. Prince Chun, the empress and several princes were borne in yellow chairs, their escort carrying hundreds of gay banners and silk um brellas. The troops of Gen. Yuan-Shi-Kai, governor of Pe Chi LI, preceded the emperor. The foreign community assembled on top of the Chien gate. The emperor and empress dowager entered the temple in the gate and burn ed incense. The dowager empress upon emerging from the temple saw the foj eigners peering down and bowed. A double row of soldiers, kneeling, lined the four mile route. LAMPRE CLINCHES IT. Secretary General Confirms Of fer of Panama Canal. Wsahington, Jan. 7. M. Edward Lampre, secretary general of the Pana ma Canal company, accompanied by M. Bouefve, chancellor of the French em bassy today called on Admiral Walker, president of the Isthmian canal com mission. M. Lampre confirmed the offer of $40,000 for the properties of the Pana ma Canal company submitted last week by M. Bouefve but the formal proposi tion in writing will not be made for a day or more as there are some matters of detail yet to be arranged which must be Included in the proposition. It is therefore expected that the formal pro position will not be transmitted to con gress before the latter part of the week. M. Lampre will call upon the secretary of state and the Colombian minister to day. SOLD STAMPS FOR NEELY. The Testimony of Cuban Clerks in the Postal Fraud Case. Havana. Jan. 7. At the continuation of the trials of the cases arising from the Cuban postoffice frauds in the Audiencia court, Moya and Mascara, the two Cu ban stamp clerks, testified that they had received surcharged stamps from Chas. F. W. Neely without making record there of, that they had sold them and had given the money received thereof to Neely. The two stamp clerks recalled about 18 instances of such payments of about $100 each. Moya said that Neely made no se cret of these transactions and that Nee ly's clerks received this money when Neely was not present. W. H. Reeves, one of the defendants, was on the stand for three hours. His voice was so weak, that the interpreter repeatedly asked him to speak louder be cause the official stenographers were un able to catch one-half of what he said. The fiscal examined Reeves with regard to the paying of four duplicate warrants on the postoffice department from the pay of employes in July, 1899. when Reeves was deputy auditor of Cuba, involving about $S,000. One set of warrants had been drawn about the middle of the month and another later and the names on them had been forged. Reeves said both sets of warrants had been paid. He testified that Neely told him he had cashed these warrants. The fiscal asked Reeves if, in a previous statement to the court, he had not said that he himself had forged the indorsements to these warrants. Reeves refused to answer this question. Reeves' testimony waa contra dictory in many respects to his previous statements. During Reeves' testimony Neely remarked that Reeves was getting himself into a tight place and that if he kept on he would prove him (Neely) to be innocent. BANK CLOSES. Colorado Slate, of Grand Junction, Forced to the Wall. Grand Junction, Col., Jan. 7. The Col orado State bank, one of the oldest in stitutions in Grand Junction, has closed Its doors. Some time ago the bank se cured the loan of $30,000 from the Han over National bank of New Tork for the Colorado Sugar company of this city. The New Tork bank recently forced the collection of the loan, thus compelling the local bank to suspend. J. E. McFarland, cashier of the bank, is the manager o fthe Colorado Sugar company. He was in New Tork at tempting to reorganize the sugar com pany when he was called back to Den ver, where a meeting of the directors of the sugar company will be held this week. It is claimed fiat the bank has deT posits of $180,000 and within three or four weeks will resume business. The Colorado State .ba nk closed its doors in 1893,- but was reorganized within a short time afterward. T. M. Jones is presi dent. JOHN GARDINER ELECTED. He Will Superintend Work on Brick Plant Bridge. The county commissioners have elect ed John Gardiner superintendent of the brick plant bridge. Mr. Gardiner will be the representa tive of the county in watching the work. The law allows him $1.50 a day. He will be expected to see that the ma terial used is of the grade called for in the specifications. CONFLICT OF EVIDENCE. Stories of Walla Walla Disaster So Not Agree. San Francisco, Jan. 7. The Examiner says, on the authority of Deputy Cor orner Skinner, of Humboldt county, that E. Johnson, one of the lookouts on the wrecked steamer Walla Walla, told a strange story under oath at Eureka re garding the cause of the collision with the French bark Marx. According to the coroner, who took the depositions of Captain Hall and others of the officers and crew of the Walla Walla after the accident, Johnson testified that he saw the lights of the French bark many minutes before her prow sank into the Walla Walla's hull; that twice he warned the officer on the bridge of the approaching danger, but that his warn ings were not heeded. As the vessels neared each other the red and green lights of the bark became more and more distinct, according to Johnson's testimony as reported by the coroner's deputy. At last the lookout, alarmed at the failure of the officer on the bridge to change his course, started for the cabin of the first officer, Peter Nilsen, but before he reached the cabin the ves sels struck and the Marx drifted away, with" her lights plainly visible. These assertions are contradicted by the pos itive statements of the steamer's offi cers, who declare that a sharp lookout was kept and that no warning was given of the danger. The reports of Captain Hall of the Walla Walla and Captain Benoist of the Marx will be filed today with the in spector of hulls and boilers. A day will then be set for the investigations into the cause of the disaster. WILL HEAR SCHLEY President Roosevelt Grants the Admiral's Request 4 That He Entertain an Appeal ; From the Court's Yerdict. Washington, Jan. 7. The object of Admiral Schley's visit to the White House yesterday was to request the president to entertain and consider an appeal for the reversal of the action of Secretary Long and the disapproval of the majority judgment of the court of inquiry. The interview was satisfac tory, the president granting the ad miral's request Messrs. Rayner and Teague today will assist Admiral Schley in the pre paration of the appeal. The interview with the president was arranged in advance and at its con clusion, Admiral Schley left the White House in a satisfied state of mind. He had been given a full opportunity to present the case from his standpoint and to acquaint the president with many details of which the latter could not have any knowledge. While Ad miral Schley would not make any statement regarding the matters dis cussed, holding that an interview be tween a naval officer and his commander-in-chief should be regarded as confi dential, it is understood that he brought to the president's attention many of the alleged injustices and discrepancies of the majority report of the court of in quiry. Admiral Schley's interview with the president was the result of his deter mination to exhaust every means in his power to overturn the judgment which has been rendered against him. His new appeal will be different from that submitted to the navy department, bringing out some new facts whicn have an important bearing upon the controversy. TO HAYE AN ICE PLANT. Arkansas City Orders Machinery and Leases the Ground. Arkansas City, Jan. 7. This city la to have an ice plant. The latest and most improved machinery is now being constructed and will be shipped as soon as completed. The plant will be second to none in the state. A lease has Deen effected with the Santa Fe officials for ground, sidetrack facilities and all nec essary conveniences for shipping. The lease covers a term of twenty years. FOR A BIG ACADEMY. Catholics of Salina Purchase Valuable Property. Salina, Kas., Jan. 7. A committee of the Catholic church has purchased prop erty on West Iron avenue for about $10,000. The property is about a half block square surrounded by four streets, and will equal about ten 60-foot lots. The purchase of this property by the Catholic congregation Is the first move in the direction of a big Catholic school and academy which will be built In Sa lina. WILL CLOSE THE SCHOOLS. Beloit to Take Precautionary Meas ures Against Smallpox. Beloit, Kas., Jan. 7. The city school board has decided to close the schools one week on account ef the smallpox scare pending further developments. Also to refuse any exchange of school library books during that period. This measure is deemed a fitting and proper one as a precautionary measure, for at the close of that time any exposure which may have occurred will either develop or the. danger be past. SMALLPOX IN LYON COUNTY Several Cases Reported From Hart ford and Americus. Emporia, Kan., Jan. 7. The smallpox is starting up afresh in Lyon county. This morning six cases were reported from the neighborhood of Hartford. All of them are in one family, that of J. M. Mcllvaine.who lives southwest of Hart ford. Dr. Parrington will go down to morrow and put the family under quar antine. He came down from Americus last night. Two more cases developed last week in that district, Mr. Samuel Hagins and Miss Lucy Witham. The condition at present is aa follows: Number of cases, 11; number of persons quarantined, 29; number of persons at present under quarantine, 27; number of persons released, 2; number of per sons vaccinated, 10; number not vacci nated, who have had the smallpox, S. Number, who have been vaccinated who had the smallpox, 3. Louisville Derby Sate, Louisville. Ky., Jan. 7. The dale of the Kentucky Derby has been changed by the new Louisville Jockey club from Thursday. May 1, to Saturday, May S, the club having decided to give Nash ville two days assigned to this city. TELL USJLEASE. That Is Attitude of Republi cans Toward Bailey. Fixers Want to Know What He Is Going to Do. HE IS SAYING LITTLE. Many Think His Eye Is Again on Congress. Seventh DistrictDoesn't Take to Smith's Candidacy. There is an enigma which Is puzzling Kansas politicians Just now Republi can politicians. It is seriously interfer ing with the concentration of political forces and influences. Until it is an swered a lot of fellows are keeping still and are not hurrahing for anybody. The enigma is this: What will Bailey do? The man who will answer that with out delay will confer a favor on a good many politicians who do not know who they are "for" at present. It will clear the political atmosphere and allow sev eral booms to become more or less sct- tied. , A considerable number of people are not expressing themselves in favor of any candidate for governor for the rea son that if Mr. Bailey becomes a can didate they want to support him. They doubtless have their minds made up whom they will support if Bailey does not get into the race, but they will not say who it will be. Meanwhile Mr. Bailey is busy looking after his gusher down in Texas. He is giving no sign as to what he proposes to do In Kansas politics. He may be come a candidate for governor, and ha may not. There is no doubt but what he would prefer to go back to congress from the First district, but other movea must be made on the political checker board before that will be possible. Con gressman Curtis will either have to be come a United States senator or else not stand for re-election as congress man. The chances are even that Mr. Bailey will bide his time for the congressional race and will not run for governor. He would be stronger as he is at present' than he would be if he went into tha gubernatorial fight and was defeated. In the meantime a lot of his friends are waiting his decision before tying up with any other candidate. After Mr. Bailey they will probably know who they are for. It will also help out the fellows who will be opposed to Bailey, for they will be more certain what to do. In discussing the situation a Seventh district leader said today: "If Bailey comes out the Seventh dis trict will be for him. So we would iihe to know what he Is going to do. If he isn't a candidate we may be for Jim Troutman, or we may be for Cole per haps we will divide our forces between the two. "At any rate the Seventh district will not be for A. W. Smith. Smith doesn't stand very well in the Seventh district, even if it is his home. He openly bollect Congressman Long one year, and Sev enth district Republicans have not for gotten it." The friends of Mr. Cole would also like to know what Mr. Bailey proposes to do. If he stays out of the race Mr. Cole will get a lot of strength he will not get if Bailey is a candidate. Cole has a lot of friends who would not be for Bailey anyway on the start, so that Bailey's candidacy would simply, com plicate matters. Then James A. Troutman Is keeping quiet pending Mr. Bailey's announce ment of intentions. It would hardly do for two First district men to run for governor, and Bailey's silence rather ties up Troutman's candidacy. Several dates have been set by the politicians for Mr. Bailey to tell what he proposes to do, but he has set no time himself. Just now he Is expected to declare himself on Kansas day, Jan uary 29. ' SENDS FOR SCHLEY. President Roosevelt Has a Talk With the Admiral. Washington, Jan. 7. Admiral Schley was with President Roosevelt about three-quarters of an hour late Monday. The president sent for the admiral to come to the White House. At the con clusion - of the conference Admiral Schley refused to discuss the object of bis visit. RAILROAD LAW UPHELD. TJ. S. Supreme Court Sustains Ken tucky Enactment. Wsahington, Jan. 7. The United Washington, Jan. 7. The United States supreme court has rendered an opinion holding as valid the state law of Kentucky concerning long and short hauls by railroad companies enacted under that provision of the constitution. The case on which the decision was rendered was a proceeding against the Louisville & Nashville Railroad com pany, which company was indicted un der the law on the charge of making a greater charge for a short than for a long haul, and a fine assessed. The ver dict of the lower Kentucky state courts was favorable to the state law and con stitution and this finding was affirmed by the state court of appeals. Today's opinion was delivered by Justice Shiras and affirmed the opinion of the Ken tucky court. Justice Shiras In his decision said: "When citizens of Kentucky volun tarily seek and obtain a grant from the state a charter to build and maintain a public highway in the form of a rail road it would seem to be evident that they take hold and operate their road subject to the constitutional inhibition we are considering and are' without power to challenge Its validity." Temperatures of Large Cities. Chicago, Jan. 7.-7 a. m. tempera tures: New York 34; Boston 28; Phila delphia 30; Washington 22; Chicago 31; Minneapolis 32; Cincinnati 82; St. Louis 40. Weather Indications. Ctilcago, Jan. 7. Forecast for Kan sas: sair tonight and Wednesday; jnrwierate temperature; variable windJk