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The Topeka state journal. [volume] (Topeka, Kan.) 1892-1980, June 29, 1903, LAST EDITION, Image 1

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn82016014/1903-06-29/ed-1/seq-1/

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LARGEST DAILY
10 PAGES
IN KANSAS.
) T If tf
LARGEST DAILY
L
10 PAGES
0$
IN KANSAS-
LAST echo.
MONDAY EVENING,
TOPEKA; KANSAS, JUNE 29. 190.
MONDAY EVENING,
TWO CENTS.
rf r
IIEIIDERSOfl IS OUT
Head of Santa Fe Motive I'ower
Kesigns.
Kays lie
Is fa
Kest.
Need of a
WILL QUIT AUGUST 1.
Uou't Divulge His i'lans for
Future.
Humored That M r. Flayer 31 ay
lie Recalled.
Hondorson, suporinl end
liit for the Atchison,
mta F-- railway has ten
nation to take effect Au-
iion of Mr. Henderson is
xj.wf 1. Ho is r. illy the
-call- d Hnrr ni-n und has
Santa Fe for two years
i t ran John Player who
"t f mo
rnp' ka &
d-re-i his
ffUSt J.
The r--.
rot. wholly
test of th.
been v ;;h
uo. "iinf
row !-a rs
It has h
tiML uiil'-
in 1
' eri
nnsylvania.
known for a long time
f: u tion existed between Mr.
';k"K;f. it. tiknokpkSox,
r. sirriariMn w-as a nnounceci today.
' h t-on a
i soiv.f of the hitrher ofii
ind ;icain rumois have
!- T:me and
.r.-.iUt. d t
i-r-.d lei! up
he eff'-et that he had
the prcs-.nl he tias
i ', t le-m all.
A !-n ---n today by a rej.orter and
i .-boot liis rtsination Mr. II-.:n-.--.,n
raid :
It ;s u ue that I l,a e resigned tlie
-r:- n of s;p- i-inr. p. -i - r 1 1 of motive
i tr it-,. Santa l-'. . I s' nt in my
-1 ii T". a -1 1 1 l.i-t we.-k. For s-ei'al
'n:';i 1 have be. Tl thinking of r:-sii;n-r
I i i " b". n w-iT kii-itr very hard of
e and am in threat le-ed -f a r;-sl.
.'j.i askvd for a le,.tce i.f ahs'riee
ril t,?;i s but it was if-iHrd nr.
th.-tiah I -mi not .xfo iiy sick still as
! --ult of hard work my h.alth is in
o-. iirion that neo-ssitat s a rest. My
-. t.-! . . 1 1 ! ' n - dl take eff--et August i
i 1 i!U then have im rni d ia U-iy for
'r.j. hi . -a. I have plans for the
":r- ur.i- i e .nsid era t ion but I am
eu n:ii--- Ihf.n public"
Vh. t Mr. I';i;r 1. ft Hi.- Santa Fe the
. v. in ov. 1 th.ir j. :-itions to his
- dropp. i ten on.- by one but
H-ti itrsnii, -A lio w as re-', ol; n ized as
eH" mar. was i-taiiu-1 and even
! 1. '!i:U- h-- v. a s k;;o-,eri as an !
: . i -i b" was pot in i-inii-- harmonvj
. "v- imimiv.-m-nt and lieliseree"t ;
t: ks h" !l;.tde hiiliS' If lalll' 1" UH- i
I ' i t : h- men. i
- o: .. time .M'-. Ib nd'rsoii ouoted
n a; : mv;i! I':'om r maiks rei union .
' I : - st.i rt T :t..-r ..r the i u.iing
::. .el wh.i is p.'i ha ps the most hitter
no.- . : i.ei.ei i.-ibor amone th-- heads
-1 ir .:;v syst :ns. Tiis as
' . ,1 li'lie tiiine; Put il did not increase
!'.v- .mploy s or the Hanta
:- M : .
:s r ,i :
1 that Mr. T'layer niay
b- r"-,i'i"i to tak" his old place, ljut
-' ;s doio,:;-;! as Mr. Player is no
a y eieu man. and it was his de
- to r-t:T'- from ative hf'- when he
: the Santa F'-
1- ll-:;d-ro'j siands well anions
r :oad ne a and will probably have no
:!! lit tiiiditiii a u.,.f I'ositiou. Wh- n
' - !.- I- Top. k.i. the Philadelphia
I said . f him:
'eeri;e n H-ndson, who entered
t - .'.l av s- r i- m in lTx as an ap
; In til- W'st Philadelphia rna-
!."ps of the Pennsylvania rai'-
i : h i bee-n n:nde sui'-rinteiiilent of
'- mi.. -.i.r "f the Atchison. Topeka
.v Saeta 1-'.. Mr. Henderson was borr.
0. 1 :.:' io- ptiia. January 11. 1SC1. fcrad-
1 fioin l.iiii.1. rli.-idi aeademy. and
1. i" !:! e,.,,i ee.,l ? d:fi'-rent times
'!'-i !: poan. I.- Machin- works, Nor-
f. '.c ,x Wei.ia railroad. Schenectady
.m- ..rk and the 1'hicano ,xr
Northw-s'.-rii laiiway. besides the
nvft toned ii It. iv. He was assist
' :' sup- i mt. ndeot ,,f i,-,(iti-e i.ower and
" !! (' op th- t'hicaKo XerthweSt-
i rior to his a ptimt ih.. position of
-".i"tt' " tliif- nd.-nt of machinerv
"' ' V," At- hi ti. 'i' -peka A- Santa F". It
"" hi" laiier position that be has
; . - ' 1 - ' IS I I-tiMiel.-i."
-r- .ttisttu Mo ll..i,..n the follow
1 i; - print- I in the lo.ai Santa r
.lecrpe p. Ib rel -is,, of tic
f- IV. is probably the n1,,st aecom
T lo, ortiot ive dei-n-i- in Ameiica
v ' '" I'-'tnif of course in th- world
' ' ' - f '-'.'t.itiiii1,' a thorough enti; i neerine;
' ""..fl he ei.r,.r. d th-. service of th
' !-an. a railroa-1. Afl. r some years
e i ;: i . o! he became mechanic ii
...:o..-r ,.f th. Norfolk .V- Western rall
' ! in whl. h .apacity he .lesinn-d sev-
', :' .'-''ah!- i-ciil-s. lb- lift the X. ,xr
u ' b- . ..mt . hi, f drautrlusman of the
J- !.- n . . tady l.oeornnti-e works. A
' " ne. r.tbs lat-i h- b.-came assistant
' i ' '!! r.x of machinery of the r'hi
''i". ,v North A'estrn railroad, from
v i.i. -h -,..s:ti..n he came to Topeka as
"""" sui.-rinten.lent of machinerv
cf til- s..i:ta F'e system. Mr. H-nderson
K-eaily i-te,-. s'- d in educational mat-r.-
lias mad.- a host of f. iends In
Pie fo,v months that he bas passed In
' s- rvi. e of th -- Santa Fe. In his
t.!. r.s niethods Mr. Henderson is de-l!'ii'v-
bke Mr. John Player which
f t. ad old Santa Fe employes, suf
ficiently accounts for his success."
If-
(d-
- .
V.' or- 'X
1
'A' Vr
II Alt HI. N(i Kit OF PEACE
In Japan but Minister of War When
at Home.
St. Petersburg, Juno 20. The visit of
the Russian war minister. General Ku
rnpatkin, to Japan has. according to the
Japanese newspapers, had a very satis
laetory effect on the relations between
Russia an.! Japan and has paved the
way for a rupproaohement. The news
papers of Japan, in expressing satisfac
tion i.t this state of affairs, allude to
General Ktiropatkin as the harbinger nf
pewce and point out taht he has been
the mikado's rrucst at the Shiba palaee,
where no t'TPifrtit r. ex-rent princes of the
royal blood, had ever before resided.
iALLED.
Another Russian .Minister Bound
for the Orient.
! i e k 1 1 1 , june z:i.-inn Russian min
; ister, M. Lcpsai-, has been suddenly
summoned to a conference w ith Gener
i al Kuropatkin, the Russian war min
I ister: Admiral Alexieff. in command of
i thP Russian fleet in the Pacific,- M.
I Pokotiloff, manager of the Kusso-Chi-I
nese bank at Pekin. and other officers at
Port Arthur regard ins Russia's position
I in Manchuria. M. I.essar leaves here
July 1.
BOOKS ARE SEIZED.
Officers Swoop Down on a tiold
Mining Concern.
New Tork. June 29. Henry Alton,
presi.ient of the Columbia Crold Min
ing; company, was arrested today
chars-ed with violation of se-tion 303 of
the penal code, which makes it a misde
meanor to nech'ct to file w ith the coun
ty clerk the names of the persons composing-
a company or a partnership.
Police Inspector MeOluskey said that
thearieston a technical chartce is said to
have been due to a fear that the notorie
ty given the case mijrht cause the men
concerned to leave the city.
AU the books of the company were
seized. These records will be gone over
o-irefully and th company's customers
communicated with. Tne company has
been advertising- very largely in Italian
and Yiddish newspapers. Among the
names used in the advertisements were
those of Samuel YV. Thompson and
Walter P. K.-iton, employes of the cus
tom house. Ji was announced in "Wash
inerton last nisht that Assistant Secre
tary of the Treasury Armstrong had
received a written report from these
officials r -sp 'Ctinsj their alleged con
nection with the onnmany.
THREE mnE COUNTS
In Hie Indictment Found
Against Machen and Oroffs.
YashnETton, June 29 Thr distrirt at-t"T-ney
this mnrnlnir announrrd that the
prand jury would today brinpr in addi
toinal indictmonts ac;airist Auut V.
Machon and lrff BrDthrs in thp case
of Machen for receiving, a bvibe and in
the case of CJroff Brothers for giving a
bribe. Thee indirtm'nts a re br 'Ulit
in to cover three additional counts and
to put the first indictment on the same
f ootintr as the second, which latter in
volved the Iorenzs of Toledo.O-.on the
charge of conspiracy to defi.aud.
Thr indictments werp rertoi ted at 1:30.
At thp suiTETt'stion of Justice Pritchard
presiding- over criminal court No. 1,
t t;e lptr.da nts will be arraigned this
week.
ITS TIHKD TKIAL.
Old Mari8-Wilson Case Is Again Be
fore Court.
The third trial of rieorere Maris and
Charles I,. Wilson, charsred with obtain
ing money under false pretenses was
b- un in the district court this, morn
intc. in 18!R Mai is and Wilson sold 307 head
i f cattle to II. S. Van irsdale. The price
paid was SI 1.. "no. Ijiter VanOrsdale.
found the cattle, to be mort.tr.aged and
the claim of the holder of the mort
trae was sustained in the Pnited States
court. Van irsdale lost the cattle. He
had Mai is and Wilson arrested on thi
criminal charge of olitainins money un
der false pretenses. The defendants
claim that VanOrsdale bought the cattle,
subject to the mortRaco and that the
maik"t fell, feed was high and he was
forced to sell and thereby lost on the
investment anil that he has. no criminal
ehartte aR-ainst thorn. On the first trial
Maris and Wilson were convicted before
Judtre Hazen, A new trial was granted
on I he p round that the court erred in
not allowing the men, who were tried
jointly, to have six jury challenges each.
t in the second trial the jury disagreed.
This time the defendants will be tried
siparately. Maris' trial is now on. A.
P. Jotmore. formerly county attorney
and now of New- York, is assisting
('ottr.ty Attorney Hunale in the prose
cution of the case. C. P. Hayden, Eu
pene Hapan and A. P. Williams are the
attorneys for- the defense.
CAUGHT BETWEEN CARS
Two Men Hurt in a Trolley Car
Kunawav.
Cleveland, June 20. An electric car
heavily loaded witit passengers became
liilina nap-cable whtle descending; a hill
mt "Wilson avenue early today and col
lided with another cat at the foot of the
incline with terrific tone, resulting in
the M'ri.iiis injury of two men. while
several other pass-mers v ere badly
bruised and cut. William H. Fuller and
llf-rry Zimmerman, both of this city,
were eaupht betw. - n the two cars and
crushed. Fuller may die.
Changes Its Charter.
M. P. Younkin stated this morninp
that Puildinp Laborers' union 9177, of
which he is seorMaiy. has ohanped irs
charter from the American Federation
of Pabor to the Interna tion-il Hcid far
riers and Puildinp Laborers' Union of
America. The purpose of this ehanpe
is to make union cards piood not only
in the Pnited States but in Canada. An
open meetinp will be held Tuesday night
at 420 Kansas avenue for the purpose of
getting in new members. All building
laborers are urged to attend.
HELD FOR HOBQER
i
"Lord" Harrington Again a
Prisoner In St. Louis.
This Time He Is Charged With
Killing a .Man.
ANOTHER ARREST 3IADE
A Personal Friend of Harring
ton's Named Mitchell
Held on Suspicion of ilaring
(Juilty Knowledge.
St. Louis, June 20. Beside a pool of
water in an abandoned quarry near
Bontiis station on the St. Louis, St.
Charles & Western railroad, twelve
miles west of the city limits, was founA
today the body of James P. MeCan.i.
a former owner of race horses, who
lived at 2002 Franklin avenue, and in
connection with whose disappearance
on June 18 "Lord" Harrington was
arrested last Thursday by the police
and subsequently released.
"Lord" Barrinston has again been
arrested and is held by the police. 3t
is expected that a warrant will be is.,
sued charging him with the murder of
McCann. The body was entirely
naked, and from all appearances death
had resulted from drowning. Special
Officer Gratiot Cabanne discovered the
clead man's shoes about one-fourth of
a mile from the place where lay th
body. About 1 no yards from the body
was found MeCann's pocket book, con
taining only four car tickets. These
articles have been positively identified
by Mrs. McCann as the property o her
husband.
Information was conveyed to Chief
Desmond of the finding of the body by
J. Li. C. Lucas, whose home is near by.
Mr. Lucas says that a few- nights ago
two men were seen to get off the car
at Bor.fUs station and wuik toward the
quarry. I-at-r several shots were fir-.;,
but at the time nothing was thougnt
of the incident. This fact would indi
cate that the dead man went to the
place in company of only one person,
and it will be the effort ot the polic
to discover the identity of that person.
As soon as it became known that it
was McCann, detectives were sent to
the dead man's home and arrested
"Lord" Harrington, who has been a
lodger at the house since retiring from
the saloon business, which he engaged
in for a time after leaving- the work
house, where he was sent after his mar
riage to and rei.uiii-.tion by Grace Wil
helmina Cochrane, a young woman from
Kansas City, Kan., who was inveigled
into wedding the adventurous "noble
man." Harrington and McCann were seen to
gether at the Suburban garden just
prior to the latter's disappearance. Har
rington was placed under arrest at the
instance nf Detectives Cordell and
Schmitlt last Thursday. Assistant Pros
ecuting Attorney Lalton was unable to
issue a warrant holding him because ot
insufficient evident e in regard to the
disappearance of McCann.
During Friday Harrington was sweat
ed and said that he had been with Mc
Cann Et the Suburban park on the night
of his disappearance, and that McCann
had quarreled with two men, and that
he defended McCann in the quarrel. Fri
day evening Harrington was release!
from custody. no sufficient evidence
having been produced against him.
The police now claim to have dis
covered sufficient evidence to point to
Harrington as the murderer. The mo
tive for the murder is supposed to have
been robbery.
Harrington was taken at once to the
Four Courts and was again "sweated"
by Chief Desmond. He will be held in
custody until the mystery of MeCann's
death is cleared. Harrington's explana
tion to Chief Desmond on his connection
with MeCann's disappearance follows:
"Mrs. McCann had a headnche and
McCann and I started to the drug
store to get some medicine for her. At
the drug store McCann met a man and
two women whom he knew. They were
going to Suburban park, and without
giving the medicine further thought
McCann said that he would join them.
1 was not introduced to the women.
Soon after we arrived at the garden we
left the man and the two women and
and later met a party of four, two men
and two women. McCann seemed to
know them real well and we joined
them.
"McCann was intoxicated and he be
gan to quarrel, with me. He struck me
on the head with a cane, but realizing
that he was not himself, I stayed with
him. We all went toward the gate and
McCann went away in company with
one of the girls. AVe followed and walk
ed about five blocks, when we came to
a cross road. Here McCann and the
girl left the tracks and started up the
toad. AVe went back for a few minutes,
but suddenly the girl screamed and the
strangers ran to her assistance. I saw
both men assault McCann and I ran
to his assistance. As I did so one of the
men met me and knocked me down.
"I was stunned from the blow-, an 1
lay on the ground for several minutes.
One of the men departed and he finally
returned with a cab. It was about 1
o'clock in the morning, and I could not
imagine where he got the carriage. I
arose, and McCann. who had recovered
his senses, came tip to me and asked
me to lend him what money I had. I
had $27.50 with me. and I gave it to
him. McCann then, murh to my sur
prise, got into the cab with the men
who had assaulted him. I urged him
not to go with them, whereupon one of
the men advanced on me and knocked
me down again. Then he kicked me
into a grutter. and I lost consciousness.
"I was aroused about 4 o'clock in th-"
morning by rain falling in my face. I
was covered with blood, and my nose
was swelling1 where one of the men had
struck me. I did not see McCann afti i
he got into the carriage , with the four
persons. I was not introduced to them
and do not know who they were. Th
girl's name was Minnie."
The following day. according to Plar--rington,
Mrs. McCann received a tele
phone message in which she was aske.i
to send $-00 to her husband, who wr.:t
said to be in Centralia, 111. She was
rec:t iet?d to s"nd the money by reg
istered mail. Mrs. McCann askd Har
rington's advice and ths latter told her
rot to cnpit the money. He suerr?;estert
that she might send tne money by him.
but Mrs. McCann objected to this plan.
Harrington was taken to the Suburban
garden on a street car by the detec
tives. A. C. Davis, attorney for Mrs.
McCann, accompanied the party. The
detectives and Harrington got off the
car at the garden and walked west or.
the suburban tracks. After walking
about half a mile th" party came lo a
road crossing the tracks. Harrington
at once exclaimed: "This is the place."
He the n pointed out the field where, he
declared, McCann and the girl,
"Minnie." were w hn she screamet.
He showed the spot where, he declared,
the light took place, and pointed out
the place where he was kicked into thi
gutter.
Asa K. Mitchell, who claims to be
agent of a spring water company. ha
been arrested on suspicion that he
knows something of the McCann mur
der, Mitchell admitted that he was a
personal friend of Harrington, who is
under arrest charged with the murder
and that on June 22. he wrote a note to
Harrington which read:
"Fred 1 am all right; don't send
what I asked for."
The note was signed '"Jiin." This is
the note Harrington received and show
ed to Mrs. McCann to convince her the
missing husband was out of trouble.
Sheriff Mencken of St. Louis county,
into whose custody Harrington was giv
en afte- the visit to the stone quarry
where MeCann's body was found, de
veloped two important points. He se
cured from Harrington the statement:
that he and McCann were alone at Hoir
lils on the nitrht of the murder, June
18, when they had trouble, and threat
ened him several times because he in
terfered between him (McCann) and
Mrs. McCann when they hud quarrels.
In the second place Sheriff Mencken
found out that Barring-ton spoke Ger
man fluently and with an accent which
makes both the sher iff and others who
heard him talk believe that he is a na
tive of Germany and not an Englishman.
FIRST GALL MAI
Christian Party Fixes Conven
tion Date and Place.
To Nominate National Ticket in
May at St. Louis.
Davenport, la., June 20. William R.
Henkert, chairman of the national ex
ecutive committee of the United Chris
tian party, has issued a call for a na
tional convention of that party for May
1 to 4, 1004, at the World's fair St. Louis.
The call states that the convention will
be held for the purpose of "Economic
discussion and peace on earth in the
name and spirit of Jesus Christ, and to
further accomplish this great purpose
by recommending or nominating can
didates for president and vice president
of the Pnited States, on a world wide
platform on which all Christians and
patriot can stand and finally unite,
pledged to stand for the to-lon in His
name." The call suggests a woman for
vice .president.
POLICE CHEF SHOT
While Trying to Arrest Viola
tor of Sunday Law.
Chicago. June -20. A dispatch to the j
Tribune from Findlay, C, says: i
AVhile attempting to arrest Fred Kip- j
pen for violating the Sunday saloon j
closing ordinance. Chief Kramer was j
shot in the arm and Police Captain t
Hoth narrowly esr-aped bei:i hit. The!
police were forcine; an entrance through ;
the front door when fired upon. Not :
until Roth had covered Kippen from a .
side window- did he give up and walk j
out. Kramer then started to enter the
place, but was met with filing from the I
inside. Five men were summoned from
headquarters and the place was entirely ;
surrounded. After one of lioth's shots
a cry went up from the inside, indicat
ing that one of the bullets had taken
effect. Early today the place was still ,
surrounded but the police were held at j
bay, as several attempts to enter were i
met with firing from the inside.
Subsequently the men in the saloon
surrendered to the officers and were
held as witnesses against the saloon j
keeper. Kippen says he thought burg- '
lars were attempting to rob him, but
as Chief Kramer called upon hint to j
consider himself under arrest for vio
lating the Sunday closing law. he has
been charged with shooting with intent
to kill.
KEPT5IN BY RAIN.
l'resident Roosevelt Puts in the
Time at Work.
Oyster Bay, N. Y., June 20. Rain in
a heavy continuous downpour kept the
president indoors today. Early in the
day Secretary Loe-b went to the Roose
velt house and he and the president
spent nearly three hours in the handling
of mail and the transaction of execu
tive business.
Dr. Lyman Abbott, editor of the Out
look, took lunch with the president and
Mrs. Roosevelt today. His call was
purely social.
The executive office in the Moore
block was opened for business today
and Secretaries Loeb and Barnes were
busy getting them irrto shape for their
summer's work.
GIRL KILLS HERSELF.
Elizie Buehler Jumps in Front of
Train at Jamestown, N. Y.
Jamestown. X. Y.. June 29. M'ss
Elizie Buehler, of 6816 Morgan street.
Chicago, threw herself in front of a
passengrr train at the depot at la
o'clock Saturday and was ground to
pieces. The reason for her act is not
known. She had been visiting; th
mother of her betrothed, Gilbert Lin
dergren. to whom she was to be mar
ried in a few months. Their courtship
had been particularly happy. The
young man is overcome with grief. A
letter which the young woman held in
her hand at the time she killed herself
has been forwarded to her mother.
The body will be shipped to Chicago.
Miss Buehler was 25 years old.
Earthquake in Persia.
Ellzabethpol, Transcaucasia, June 29.
A severe earthquake is reported to
have occurred at Enzelli, province of
Chilan. Persia. No details have reach
ed here.
Temperatures of Large Cities.
Chicago, June 29. 7 a. m. tempera
tures: New York 60, Boston 60, Phila
delphia 66. AVashington 6S, Chicago 72,
Minneapolis 64, Cincinnati 6S, St. Louis
70.
IS ABE 0000.
Judge Hazen Decides Water
works Case Today.
The Election Was Properly
Called and Legal.
COVERS EVERY POIXT.
Discusses the Question from
Every Phase.
Application for an Injunction
Is Denied.
Appeal Will Be Tc-ken to Su
preme Court.
Judge Hazen passed upon the validity
of the bonds voted at the last general
election for the purchase of the water
works system by the city and held the
bonds to be valid. The case will be ap
pealed to the supreme court and an ef
fort will be made to have the hearing
during the July sitting.
The case in the district court was
brought in the form of an injunction to
test the validity of the bonds. Judge J.
T. Clark was the plaintiff represented
by Garver and Larimer. City Attorney
Spencer and J. D. McFarland appeared
for- the city of Topeka. The case was
tried on an agreed statement of facts.
In delivering his opinion refusing the
temporary injunction asked for to pre
vent the Issuance of the bonds Judge
Hazen said: "The first point raised on
behalf of the plaintiff is that the elec
tion to vote on the bonds was held with
out authority and w-as not properly
called. It was contended that the mayor
and city council should have passed
upon the petition asking for tiie election
and that only the mayor passed on :t.
The law- requires that when two-thirds
of the voters sign such a petition and
piesent it to the mayor that he shall call
an election. My judgment is that the
authority was vested in the mayor, al
though it would hia been well to hive
hid be th the mayo:' r.r council pass
upon the petition. Elsewhere in the new
city charter- act it is required that peti
tions shall be passed on by both the
mayor and council. This is the closest
point the city wiil have to meet in the
case.
"The next question urged is that there
is a mortgage on the property which
the city means to purchase and that the
city has no right to assume property
which is encumbered. It might be that
the city could not assume a mortgage
but the fact that the city buys the
property subject to a mwtsage does not
invalidate the purchase.
"The next claim on the part of the
plaintiff Is that the legislature of 1H01
provided that this new law be publish
ed in the official city papej. The legis
lature certainly intended that to read
'official state paper' aird the law was
published in the official state paper.
This only shows carelessness on the
part of the legislatuie. The court ha-
a right to read the law as the legis
lature intended it to be.
"The next claim is that there is or
was no indebtedness and that bonds
can he issued only for debt. By the time
the bonds are delivered the city will
have agreed to buy the waterworks and
there will be an existing indebtedness.
"It is also contended that the bonds
did not receive enough votes. The bond
election was held at the same time as
the general election. The courts have
held that such elections are separate.
A majority of those voting on the bond
proposition were for it and it carried.
The ballots cast which were blank can
not be counted as votes.
"The next contention is that the peti
tion was presented under an old law
and that the election was called under a
now law: that the edd law was repealed
and therefore there was no authority
for the holding of the election. Section
2d0 of the new city c-arter act provides
that the new law shall not offset build
ings, proceedings, etc., started and not
finished when the law was passed. That
these proceedings were started under an
old law does not interfere with the pro
ceedings. "It is my judgment that the applica
tion for an injunction should be de
nied." ARM 01 R KAISEirS GFEST.
Invited to Dock His Yacht at Kiel
for Repair3.
Kiel, June 20. The officers of the
I'nited States squadron this afternoon
received about l.OoO guests on board the
flagship Kearsarge, principally German
naval officers and visiting Americans.
There will be a smoker on the Kear
sarge tonight.
Mr. Myer. the I'nited St.ites ambas
sador to Italy, lunched with Emperor
William on tile Hohenzollern.
The emperor today again sent to Alli
son V. Armour to inquire if h- would
not dock his yact t. which was damaged
in collision with the steamer Dobrog-ea
last Friday, at the government y.ird but
Mr. At-moli'.- declined for the present, as
the vacht is not disabled. Mr. Armour
tomorrow will accompany the emperor
on the latter's yacht Meteor to Eckern
forcl. BRAKES DIDN'T WORK.
Two Persons Killed in a Trolley
Car Accident.
Chicago, June 29. Crow ded with home
bound passengers, an Archer avenue
trolley car crashed into a belt line
freight train at Archer avenue and
Forty-sever.th street early today. Two
passengers were killed and many were
injured.
THE DEAD:
MINNIE MALSTROM.
VNKNOWN MAN.
AVilnesses to the accident say the trol
ley car brakes refused to work and the
car crashed into the freight tram.
1,000 Immigrants a Day.
New York, June 20. Over one thousand
immigrantr w-ere landed at Ellis Islaau
on Sunday. They came on the Patria and
Fnrnessia' and were mostly from Italy and
rearby countries. The medical ofiic rs of
the immigration bureau made a most care
ful and critical examination of them, as
the government has been notified by its
agents in Europe that imbeciles and pau
pers are being shipped in numbers.
MERGTR1 ON A CLIMB.
Today Appeared Like Real Summer
Weather.
The mercury set out today on a climb
which felt and looked before noon lik-j
a record breaker. By 11 o'clock the
government thermometer was up to S5
and straw hats were in demand.
The forecast for Kansas sent out to
day is "Probably showers and thunder
storms tonight and Tuesday." Today's
corn and wheat region bulletin says:
"The temperature has risen deoidedly
in Kansas with partly cloudy weather
in the western por tion of the state, and
clear in the eastern and in western
Missouri. The temperature has risers
somewhat In the western districts.
Showers have occurred in all districts
except the Kansas Cily district."
The maximum and minimum temper
atures for the 24 hours ending this
morning at 7 o'clock were as follows:
Baker. 86, 62; Concordia, SS. 70: Dodge
City. 00. 70; Dresden. ftH, 70; Fort Scott,
M, 64; Haves Citv, S6, 66; McF'herson,
92, 6S; Manhattan, 94. 64: Osag-e City.
SS. ; Sedan, 86, 66; Topeka, 87, 66; To
ronto, iS, 64; Wichita. 86, 70.
The wind today has been south, blow
ing IS miles tin hour. The hourly tem
peratures recorded by the government
..thermometer today were as follows:
7 o'clock 71 11 o'clock KS
8 o'clock 76 I 12 o'clock 88
9 o'clock 7! 1 o'clock 80
10 o'clock 83 j 2 o'clock 89
ALLISOIJ HAS IT.
Tariff Plank of Iowa Republi
cans in His Pocket.
Des Moines, June 29. Delegates are
already arriving for the Republican
state convention which will convene
here on Wednesday. Secretary of Agri
culture AVilson. who is a delegate, will
arrive this evening in company with
Senator Allison, who has the tariff
plank already prepared for submission
to the committee on resolutions. The
contending factions over the adoption
of the tariff plank some time ago reach
ed an agreement to the effect that Sen
ator Allison should prepare a plank cov
ering the tariff as the result of the agi
tation on the subject in this state.
FORGOT THE PERMIT.
Street Railway Workmen Nar
rowly Escape Arrest.
City Engineer McCabe came near
causing the arrest of a party of 75
Topeka railway company laborers who
were engaged in tearing up the curved
track and switch at the corner of Sev
enth and Quiney streets. Mayor Her
gundthal advised leniency because this
was their first offense, at least since the
reorganization of the railway company,
and McCabe forebore to have them
hauled into police court
As soon as McCabe bore down upon
the gang of workmen one of them
hastened to a telephone and informed
the officials of their trouble. In les.
than three minutes three functionaries
of the company were coming breath
lessly to secure the necessary permit
from the city engineer. Two of them
w-ere Treasurer F. G. Kelly and Attor
ney T. P. Doran. City Engineer Mc
Cabe assured them that they were let
off this time by a special outburst ot
executive clemency, and that another
offense would probablv cost them some
thing. The railway company is making an
j effort to op. n a loop line from Madison,
(street on Seventh to Kansas avenue
; and. from Kansas avenue to Madison
j street on Eighth avenue. The trac k on
! Quiney street w ill not be torn up at
: present, and may be retained for use
permanently. The switch that was
taken from the corner of Seventh and
Quiney streets is to be placet at Sev.
enth and Kansas avenue, where work
men are already making an excavation
for it. The railway companv has de.
j c ided to abandon the excavation made
on East Twelfth street between Kan.
; sas avenue and Madison street, whers
j it was at first intended to make con
j nections with Kansas avenue for the
V i m wood busin"ss. This place will li
! filled uii. Saturday morning work wn?
; begun on East Eighth street and ,u
I excavation completed for a track con
jnecting the present Eighth street
j "stub" with the Madison street line. If
jtho company is fortunate in securing
I material for the work this loop will be
1 completed in time for use on the
1-ourth of July. The finishing touches
are being put on the Twelfth street
viaduct, and the remainder of the Vine
wood line has been readv for use for.
months. Topeka will be in extremely
bad shape for a proper celebration of
the F'ourth of July unless Vinewoo-!
park is placed at jts disposal.
F. G. Kelly, of the Topeka Railway
! company, said this morning:
"We are making strenuous endeavors
t to open the Vinewood Park line for use
on the Fourth of July. Hut because we
can't get tics with which to complete
our connections w ith the Kansas avenue
line it is very uncertain whether we will
; be able to clo it or not. Our work is
tied up now- for want of ties. It will
I be a shame if we can't get the line . op.cn
; for the Fourth of July business and if
i Ave do not it will be only because its
completion will be an impossibility."
The difficulty which arose out of the
endeavor of both the Topeka Railw-av
company and the A'inewood Park com
pany to occupy East Fifth street for
Santa Fe depot connections was dispos
ed of when the two companies merged.
A Santa Ee loop W to be constructed
and both. Fourth and Eifth streets used
by the new- company. The residents of
Fifth street have consented to this ar
rangement with the provision that the
paving between the tracks shall put
Eifth street in fit condition for travel.
Mr. Kelly said this morning that he
dicl not know in which direction cars
would be run on this loop. It is a mat
ter of grave concern to the manage
ment of the Throoo hotel which gets a
large amount of the traveling men's
business on account of its location on
the pa-esent Santa Fe depot line. Should
the new iine go east on Fourth street
! and return on Fifth street a lot of that
j business would be brought up town to
i the other hotels.
Mass in Private ChapeL
Rome. June 20. This being St. Peter?
day the pope celebrated mass In the pri
vate chapel adjoining his oedroom in the
pre-ence of bis chaplain and members ot
the" pontiff's familv. The temperature
here is Fahrenheit, but the pope does
not suffer, saying that the warm weather
suits him.
Weather Indications.
Chicago, June 29. Forecast for Kan
sas: Probably showers and thunder
storms tonight and Tuesday; southerly
winds.
BUT SIXJSGAPED
Out of 300 Passengers on a
Wrecked Hallway Train
Only Half a Dozen Wtiolly Es
caped Injury.
100 BODIES TAKES OUT.
Entire Train Fell Fifty Feet
Into the Kiver.
Many Corpses Floated Away
Down the Stream.
Madrid, June 2'.. Fourteen bodies ail
fifty injured persons have been extri
cated from the wreck of the Bilbao
train which overturned at NejenU
river.
According to official Information, 21
persons were killed and 60 other seri
ously injured. Many of the latter w i-l
die. Of the 300 passengers on the train.
It is stated that only six escaped un
hurt. The train, which was compose! cf
two engines and sixteen coaches, v-as
crossing the bridge when the couplings
between the engines broke. The sec
ond engine left the track and fell, fol
lowed by the entire train, into the 1
of the river. Fortunately the ati
w as low.
The nearest medical attendance was
a mile and a half distant, and thos
passengers who were least injured aid
ed the others and did all possible ur.t.t
the arrival of relief trains bringm-j
nurses, doctors and soldiers fron
Bilbao
The train fell 50 feet from the bri-U
to the river bed, the coaches piling cp
in a mass of splintered wood and iron
work. The scene is described as horri
fying. Many corpses were carri-d d i a
the stream, which was actually red.
dened with blood. It was found im
possible to extricate numbers of the in
jured, who were pinioned und-r th
wreckage. A railway guard was arrest
ed in the act of robbing the d-ad an
narrowly escaped lynching.
It is believed that the official figure
underestimate the number of killed,
some accounts giving the number of
dead as 100. The full extent of thf
catastrophe will only be known when
the wreckage has b-en clear'd awa;-.
By midnight 100 bodies had been ex
trioated from the wreck of the Kilhio
train which was overturned from
bridge into the Nejerilla river, and it
estimated that 70 coi pses remain in the
wrec kage. The bodies are horribly mu
tilated. Difficulties betwe. n the civil
and military authorities rendered tlii
work ot rescue more ditfioult. That
many prosperous persons are amor.ir
the victims is testified to by the ci ". t
quantity of money and jewelry coitet-U
ed by the grendarm.es.
HAfiKA WOULD PREACH.
Would Be Salvation Army
WorkerUflie Had Time.
Cleveland, June 20. A fin., new cita
del to be tjpe'l as hr-a-Iquartrs fov th
Salvation army in thi city and vicinity
; was dedicated Sunday. Senator Hanra
was chairman of the occasion and rod?
; an address of half an hour's diii-aiinri.
j He spoke almost entirely of the v.r!
j done by the army and craied it. lie
- said that, ii he had tim to pr-ach, he
i would hf.-lp the Salvation anny wth ru
! voice. Commander 1 mth-Tiick-r. in
; inti oducini? S natT Hanna, sai l rht
he was a man who was wll known and
' rt--? peeled in this country and Kr.e'an'1.
'Colonel Myron T. Ii-rrick spi-kr' bri-r!y
in praise of tlu army's work. AmoMir
, other visitors of special prominrnns at
the dedication was Gnral S. B. M.
: Idling of the I'nited .States army, who
j is a Kuest of t'olonel Hrrick. Com
! mander Booth-Tucker said that th
i citadel would be an inspiration in
' army in other cities to erect simM-i r
i structures. The property is wrta
! $100,000.
Jude Ftevenson Burke a n i '. A .
Ora selli each Kave towards iiqui-
dating" the indt btedness of the bui'dir-iT
i and both Senator Hanna and t.oloi;--i
; Herrick made promises of further con
I tributions lo the fund: Senator Manna,
I alreadv having piven $:l.rl0 and C"lor.l
Herrick having been one of th army's
best friends in several ways.
SHOT INTO A CAR.
Six rersons Seriously Wounded
tiy Negro Seeking KeTenge.
Media, Ta., June 20. Six persons have
been shot and severely wounded in a
trolley car between Media and Chester.
A negro, believed to have been seeking
revenge because the conductor of the
car recently ejected him, discharged
both barrels of a shotgun at the car
as it passed a lonely spot in the coun
try. The car was crowded and the shots
coming from the roadside caused a wild
fright among the passengers, most of
whom were women. Four of the latter
were among the wounded. They re
ceived shots about the arms and chest.
The negro fired from a c lump of bushes
and in the excitement which ensue-i
made his escape.
Big Costs in Emporia Suit.
Emporia. Kas.. June 20. In the dis
trict court the journal entry was filed
in the E. F. Sprague vs. Santa Fe . are
over the burning of the Sprague plan
ing mill. As the Santa Fe won. the
costs are charged to Sprague. but he
will take it to the supreme court Tne
costs in ftre big case were th" larges
ef any case for a long time. The SfiiU
Fe's were JnS9.ri) and Sprague's court
costs were SS25.54, making a total of Jl,
413.04. It costs S126 to make a brief lor
the supreme court. The costs do not
include their attorney's fees.
A Decision Tomorrow.
Trenton, N". J.. June 20 Judge Kirkrst
rick sat In the I'nited States circuit cert
here todav, but made no announcement in
the case cf the application for the appoint
ment of a receiver for the I'nited S - i
Shipbmldir.ff company. A decision UI l
announced by Judge Kirkpn trick in ch&ro
bers at Newark tomorrow morning.

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