THE TOPEKA DAILY STATE JOURNAL.
3
A Scouring Soap
A Metal Polish
A Glass Cleaner
FEAR 0FA MOB.
Preliminary Hearing of Biggin
Trials Postponed.
Officials Will Not Take the
Prisoners to Fort Scott.
THE BOY'S GRATITUDE.
Thanks Hospital Nurses for a
Glass of Milk.
Riggin Wept Bitterly While
Telling His Story.
Fort Scott. Kan., Oct. 7. It was de
cided last night that the preliminary
trial of George Riggin and his wife and
stepdaughter, charged with murdering
Riggin's 6-year-old son by starving him,
shall not be held Saturday as was con
templated. The county prosecutor, Mr.
Humphrey, and the sheriff thought best
to wait until public feeling subsided
somewhat before bringing the prison
ers back from Girard. Little Gertrude
Riggin, the 3-year-old daughter, alleg
ed to have been starved and badly
bruised by her stepmother, still is very
low at Mercy hospital, but the doctors
think she has a chance o recovery.
The nurses at the hospital were deep
ly touched by the suffering of the chil
dren and they tell how, when food was
offered them, they seized it and ate it
ravenously. The boy's dying words
were of gratitude to the sisters for a
glass of milk which he drank just be
fore lapsing into unconsciousness. Judge
Hudson ot the juvenile court has made
application tor the admission of the
living child to the Goodlander home,
in case of her recovery, and stie will be
received there.
The stepdaughter, Clarissa Shaw, one
of the accused prisoners, is only 14 years
old. She is large and seems older. The
authorities are somewhat puzzled as to
what course to nursue in the prosecu
tion of her. They have about decided
that her preliminary hearing must be
before the Juvenile court, instead of In
a Justice court.
C. B. Griffith, an ex-county attorney,
had been employed by Riggin to de
fend the woman and girl, but Riggin
says the developments have so enlight
ened him concerning their alleged con
duct toward his children that he will
not assist at all in their defense. If
the present planB are not changed the
preliminary hearings will be held Tues
day. Riggin's Version.
Riggin, the father, was seen in his
cell at the jail. "When the death of
his boy was mentioned he wept bit-t-iv.
"Here I am in jail, entirely innocent,
while the funeral of the little fellow is
going on and I am not permitted to
see him," he said, between sobs. "As
far as I knew my wife always treated
my children the same as she did her
own. I never saw her whip them out
of reason and I never did. I have whip
ped the boy as a father ought to.
When I first heard the stories told
about my wife I naturally wouldn't
believe them because she had been
kind to them in my presence, but when
I investigated the case and asked all
the neighbors about it I couldn't help
believing their stories.
"I intend to help mete out the pun
ishment that Is due this woman and
her daughter. You see, I was never
at home, when I got up In the morn
ing and went to work, all were in bed
and sometimes when I came home in
the evening the children would be in
bed. Z told my wife to whip the chil
dren if they needed it, but not unmer
cifully as the neighbors tell me she did.
I retained a lawyer to defend them at
first, but I'll never spend another cent
in their behalf."
Did Not Pay BlUs.
Mrs. Riggin says Riggin told her to
whip the children until the blood ran.
Asked about this he said: "It is not
so. I never thought of such a thing.
I wouldn't treat a dog that way. No
body can say that they ever saw me
whip my children unreasonably. The
women might say so now to clear
themselves, but it will be a lie. I no
ticed that Herbert was sickly lately
and had bruises on his face. I would
ask him what caused it and he would
say he fell down stairs or that the dog
scratched him. I never suspected that
the children were mistreated or I
would not hav stood it. As far as
being starved Is concerned both got
plenty to eat when I was around. My
wife paid the bills. I turned all my
money over to her and it was enough
to keep two families of moderately
spent, but I find since this matter has
come up that she was too extravagant.
Month before last I found that she
didn't pay hardly any of the bills. For
the last month and a half the grocery
bills are almost $100 and I don't know
WHAT TO EAT
Is very often a hard question for the
person to solve who is afflicted with
a weak stomach. Experience has
taught him to select his food with
great caution or else suffer from at
tacks of Heartburn, Bloating, Head
ache, Cramps, Indigestion, Dyspepsia
Vomiting, Costiveness and Bilious
ness. Strengthen the digestive organs
by taking a dose of Hostetter's Stom
ach Bitters before meals and be made
well again. Insist on having
HOSTETTER'S
STOMACH BITTERS
Bon .
Ami
Hie Best Scouring Soap Made
what she did with the money. She
told me that she paid the bills, but I
find that she did not."
FOR A 'PHONE CONSOLJDATION
Company Organized at Parsons With
Heavy Capital.
Parsons, Kan., Oct. 7. The Citizens'
Home Telephone company has been
organized here with a capitalization of
one-half a million dollars for the pur
pose of taking over and consolidating
all the independent telephone com
panies in southeastern Kansas. The in
corporators are: James Plottner and
George Yeager of Kansas City, Fred
erick Perkins and D. J. Romine of
Oswego. George Spangler of Chetopa,
C. H. Kimball and F. H. Brown of
Parsons. A charter has been granted.
The companies to be consolidated have
a total of 3.000 telephones and more
than 4 00 miles of toll lines and Include
every independent telephone company
in Crawford, Cherokee and Labette
counties. The company will put in at
once a copper circuit from Pittsburg,
connecting with the St. Louis and
Kinlock long distance lines by way of
Parsons to Cherryvale, where it will
connect with the Kansas City Home
Telephone company's long distance
lines.
EDITOR LEWIS PROSPERS.
New Building Being" Erected for the
Kinsley Graphic.
Kinsley. Oct. 7. Editor Lewis of
the Graphic is giving an excellent
imitation of a prosperous country
editor in erecting a handsome cement
office building for his popular paper.
The building occupies one of the best
corners in town, is 25 by 65 feet, with
basement for storage and is divided
into office, press and mailing rooms.
However, the enterprise of Editor
Lewis is the prevailing spirit of the
town, which is dotted with new resi
dences. New Kansas Rural Carriers.
Washington, Oct. 7. -The following
rural carriers have been appointed for
Kansas routes:
Doniphan, route 1, Frank Brenner
carrier, Leonard Flickenger substitute;
Eureka, route 4, Thomas Bilson car
rier, Harry Bilson substitute; Garden
City, route 1. Fred J. Keefer carrier,
John W. Keefer substitute; Prescott,
route 2, Fred F. Torrey carrier, Louis
F. Patterson substitute; Severance,
route 2, Charles Hargis carrier, David
Davis substitute; Troy, route 2, Charles
Maynard carrier, P. D. Martin substi
tute; Wathena, route 5, Frank Winn
carrier. Harvey N. Winn substitute;
route 2, William A. Meidinger carrier,
Henry Meidinger substitute.
Peter Nugent Weds.
Kansas City, Kan., 0". 7. Peter J.
Nugent, who was city clerk under
Mayor Gilbert's administration, and
Miss Edith Algaier were married at
Pueblo, Col., Tuesday by Judge Mirick
of the county court. The court was
in session when Nugent and his bride
arrived. Judge Mirick left the bench
to answer a long distance telephone
call and married the couple in an
ante-room before he returned. Mr.
Nugent was a member of the Twen
tieth Kansas.
Death of D. B. Palmer.
Great Bend, Kan., Oct. 7. D. B.
Palmer, one of the oldest residents of
this place, died suddenly last night
from rheumatism of the heart. Mr.
Palmer, although 81 years old, had
been active and was down town yes
terday, looking after his business af
fairs. Upon his return home he com
plained of feeling tired, and after
talking a few minutes with his wife
sat down to read, when the attack
came upon him.
Baker's Annual Class Rush.
Baldwin, Kan., Oct. 7. The annual
class rush occurred between the sopho
mores and the freshmen of Baker uni
versity on the campus. As usual the
"freshies" were victorious. The feature
of this year's "scrap" was the color
fight, participated in by girl partisans.
The fight waged for hours, with no
one being hurt. It was the cleanest
fight in years.
New Decision in Joint Trials.
Columbus, Kan., Oct. 7. In the
trial of a case of alleged violation of
the prohibitory liquor law here. Judge
Glasse held that a constable may
swear to a complaint against a joint
keeper and that such a case may be
tried before a justice of the peace
without the indorsement or direction
of the county attorney.
Pay 5 Cents for Crow Scalps.
Sedan, Kan., Oct. 7. The board of
county commissioners met here and
granted a bounty of five cents a head
on all crows killed in Chautauqua
county in the next ninety days. The
bounty was given in response to the
request of a large number of farmers,
who allege that the crows are doing
great injury to their crops.
Jointist Sues the City.
Winfield, Kan., Oct. 7. Art Schmidt,
joinikeeper. has sued the city for $500
damages, as the result of a raia made
on his place when the marshal eon
f scaled a cash register and $210.
Broken whisky bottles and joint para
phernalia were seized at the same
time.
Oil Ouster Case Continued.
Sedan. Kan., Oct. 7. The case of
ourter brought last winter by the Oil
Producers' association against, the
Santa Fe Railway company was con
tinued in the district court here until
the February term.
Mrs. Cink's Body Exhumed.
La Crosse, Kan., Oct. 7. The body
of Mrs. Cink. who was killed a week
ago, has been exhumed, to gain fur
ther knowledge for purposes of evi
dence against her alleged murderer.
Cave-in Killed a Negro.
I t-avenworth, Kan., Oct. James
llass. a nee-ro about 4 (I i nf
l'-t hip life this afternoon by being
uui iru m a se wer.
RAILROAD NEWS,
Mechanical Stoker Great Labor
Saver for Firemen.
Besnlts of Its Operation Pre
sented by C. A. Kraft.
IT IS A BIG SUCCESS,
Two Boads Have Made Extensive
Experiments With It.
Gossip and Matters oi Interest
in Bailroad Circles.
Of particular interest to railroad engi
neers and firemen throughout the coun
try is an extensive paper on the me
chanical stoker which was read at the
thirteenth annual convention of the
Traveling Engineers' association held at
Detroit recently. This paper was pre
pared and read by C. A. Kraft, road
foreman of engines on the Chesapeake
and Ohio and in it were given some of
the results of experiments with these
stokers by the Cleveland, Cincinnati,
Chicago and St L.ouis and the Chesa
peake and Ohio railways.
Passenger engines on one division of
the Big Four between Cincinnati and
Chicago, were equipped with the stoker
and have been in operation since the
first of the year. These stokers are
attached to locomotives with wide fire
boxes as well as to those with long fire
boxes, and the result is, says Mr. Kraft,
that the stoker does its work efficiently
and economically, and that the fireman
having once become acquainted with
the stoker and recognizing its labor
saving features, becomes its enthusias
tic supporter. In his statements as to
the work performed by the stoker. Mr.
Kraft says that the coal is distributed
uniformly over the widest type of fire
boxes, with an entire absence of any
blow holes, and the evenness of tem
perature secured has had a very mark
ed effect on the cost of repairs to the
locomotives. The stoker itself does not
come In contact with the fire, and as
it is strong and simply made the cost
of maintenance is very slight. The con
tinuous feeding of coal has, a very mark
ed effect uson the amount consumed.
Run-of-mine coal is used, but it has
been found that a good grade of slack
will secure even better results, owing
to the principle of feeding coal in small
quantities widely distributed. Absence
of dense volumes of black smoke is
also very noticeable. An engine com
ing into a terminal with clean fires, such
as are possible with this machine, is not
called upon to go to the cinder pit and
dump its fires, but is backed into the
roundhouse, where she holds steam for
hours, until she is ready to go on her
return run. In the fastest and heaviest
runs made, it is found that the steam
gauge shows a variation of not exceed
ing five pounds under ordinary condi
tions. Practical tests showing the capacity
of the stoker have proven that it will
feed, under normal conditions, a total
of 18,000 pounds of run-of-mine coal per
hour. With an unlimited coal-feding
capacity, therefore. and with such
mechanism as will allow the fireman
to regulate the stoker to existing con
ditions, the duties of the fireman are
very much lessened and he has far
more time to give attention to the run
ning of the engine. It brings the fire
man to the end of his day s work m a
fresh condition, ready for extra duty
should a call be made upon him. By
relieving the firemen of the back
breaking, blistering work, the rail
roads are enabled to secure men of
more than ordinary intelligence to do
the work of firemen, and thus be pro
vided with a high grade of men from
whom to promote to engineers.
As to the service in which the stoker
will prove most valuable, Mr. Krft
states as his opinion that on the or
dinary American type of engine there
is no necessity whatever for the stoker
as the fireman has to be kept on the
engine of course and the work is not
such that an ordinary man cannot ex
ecute it with ease. But with the long
fire box type of engine on a long run
over a division comparatively iree
from grades, where the engine is load
ed to its maximum capacity all the
time, is where the stoker will be found
the most valuable, as a machine will
not tire and consequently will enable
the engine to carry the maximum pres
sure all the time and get the full ben
efit of the tractive power of the en
gine over a long continuous trip.
EXPERT ON CATTLE RATES.
Says They Should Be Lower on Live
Stock Than on Dressed Meat.
Chicago. Oct. 7. Expert testimony
on the subject of freight rates was
given in Judge Bethea's court Friday
in the interstate commerce commis
sion suit against 17 western railroads.
T. W. Tomlinson, secretary of Amer
ican Stock Growers association of
Denver, traffic agent for the Chicago
Live Stock exchange and for fifteen
years connected with the freight de
partment of a number of western
roads, was on the witness stand and
was questioned at length by counsel
regarding his opinion of the reason
ableness of rates on cattle, dressed
meat and packing house products.
"In my opinion the present rates on
live stock from Missouri river points
and southern Minnesota to Chicago
are too high," said he. "The rates on
live stock should be lower than on
dressed meat and packing house pro
ducts from these points. Even with
equal rates on these commodities, the
live stock interest will be discrimi
nated against. The present schedules
are unfair to Chicago. They give an
advantage to the South St. Paul and
Missouri river market."
During his testimony Mr. Tomlin
son endeavored to compare the rates
on live stock and packing house pro
ducts shipped to Chicago, and the rail
road lawyers objected but were over
ruled. The witness declared that if
the rates to New York from Chicago
were the same as from Missouri river
points to Chicago there would be little
Keep Your Liver
working. It's a lazy organ and
needs to be stimulated occasionally,
or it shirks its function. That coat
ed tongue, sallow complexion, sick
headache and pain under the shoul
der blade are caused by an indolent
liver. Liven it up by taking a short
course of
Beechams
Pills
Sold Everywhere. In boxes 10c. and 25c
or no cattle shipped to New York.
Judge Bethea adjourned court until
next Wednesday.
Automobiles in the Desert.
Preliminary to building a branch
railroad to Goldfleld, Nev., the San Pe
dro, Los Angeles & Salt Lake company
proposes to establish an automobile
service by which traffic between its
line at Las Vegas and Bullfrog, in the
Goldfleld district, is to be carried in
ten hours, in place of three days as
now required by stage.
Will Eight New Ereight Rates.
Austin, Tex., Oct. 7. The railroad
commission has been advised that all
the leading railroads in the state are
preparing to file injunction proceed
ings In the federal court to restrain
the enforcement of all of the freight
rates promulgated by the commission.
It is stated that this action is to be
taken at the instance of the bond
holders of the several railroads.
CANNOT BRILL FOR OIL.
Santa Ee Must Not Use Right of Way
for This Purpose.
Decision has been given by the dis
trict court at Sedan, Kan., making
permanent the temporary injunction
secured against the Atchison, Topeka
& Santa Fe Railway company by the
Pittsburg Crude Oil & Gas company,
of Pittsburg, Kan. This decision pro
hibits the railroad company from bor
ing for oil on its right of way and is
of such importance that the road will
carry it probably to the highest court.
The oil company has one. of the
best oil properties in the state and
after it had bored several wells, some
paities under the name of Jones i;ros.,
began drilling an oil well near those
of the local company on the Santa Fe
right of way under the terms of
lease from the railroad company. The
Pittsburg company took the view that
the Santa Fe could not allow wells to
be drilled on its right of way and im
mediately brought an injunction suit
to stop the drill. This suit was first
argued last May, and resulted in the
granting of a temporary injunction.
The matter came up for a final hear
ing at Sedan a couple of days ago and
the court, after a full hearing had
been given, made the injunction per
manent and sustained the Pittsburg
company in every point it made. The
case has proven an interesting one to
oil men all over the stats because the
points involved were new to law in
Kansas and have a bearing on every
oil property in Kansas through which
a railroad passes.
LOTS OF BAGGAGE HANDLED.
Nearly 100,000 Pieces Checked at Den
ver in Ten Dai's.
From August 30 to September 10,
92,767 pieces of baggage were checked
by the baggage department at the
union depot in Denver. Of this amount
51,300 pieces were received and 11,458
pieces forwarded. In addition to that
a large amount was received and for
warded during this time in special
cars, not checked, which would in
crease the number to at least 100,000
pieces. During the month of Septem
ber the total number of pieces handled
was 170,205. being an increase of
63,200 over the month of September,
1904.
GCLF LINE ELECTION.
Officers and Directors for a Rock
Island Branch.
Fort Worth, Texas, Oct. 7. The an
nual meeting of the stockholders of the
Chicago. Rock Island & Gulf Railway
company was held here yesterday to
elect seven directors and officers for
the ensuing year. Directors elected
are Robert Mather, New York; Ben L.
Winched. Chicago; S. B. Hovey, W. G.
Newby, W. G. Turner and N. H. Las
siter. Fort Worth, and J. B. Wilson,
Dallas. The officers elected are:
President, Ben L. Winchell; vice presi
dent, S. B. Hovey; secretary and treas
urer, F. E. Mitchell. Approval of the
plans for future improvements of the
system and an indorsement of what has
already been done in this respect was
given the officials by the stockholders.
The sum of $179,000 is to be used in
improvements of the system in Texas.
EARNINGS LARGE THIS YEAR.
Colorado & Southern Made More
Money Than Ever Before.
The gross and net earnings of the
Colorado & Southern railroad for the
fiscal year, according to the report
made public yesterday by Frank
Trumbull, president, were the largest
in the history of the company. A sum
mary of the report follows:
Gross earnings, $6,228,743; increase,
$526,056. Operating expenses, $4,540.
217: increase, $293,781. Net earnings,
$1,688,526; increase, $232,274. The report
shows a surplus over operating expen
ses and fixed charges of $610,315, an in
crease of $174,474.
The report Is purely routine in char
acter and devoted exclusively to sta
tistics regarding the earnings and ex
penses and equipment and other sta
tistical facts of the road.
PREDICTIONS SEEM GOOD.
Pennsylvania Road to Earn $130,000,
000 on Eastern Lines.
New York, Oct. 7. Predictions that
the gross earnings on the lines of the
Pennsylvania: railroad directly opera
ted east of Pittsburg, would reach
$130,000,000 for the fiscal year ending
December 31, 1905. or $12,000,000 more
than in 1904, bid fair to be realized.
That estimate was based on the ex
pectation that the earnings on these
eastern lines would average at least
$11,500,000 a month for the last five
months of the year. August has now
shown $11,914,898 and September will
doubtless exceed this. How large cur
rent gross earnings are running may
be realized when it is remembered
that not until this year have the gross
earnings in any month been as large
as $11,000,000, and it is expected that
some of the closing months of 1905
will pass the $12,000,000 mark. Already
three months in 1905 have surpassed
$11,400,000.
TRAIN FOR THE PRESIDENT.
Talk That C'onjrress May Appropriate
Money for One.
There is talk In Washington that in
view of the embarrassment which
President Roosevelt and his friends
suffer from the necessity of their us
ing specials tendered by the railroads
of the country whenever the president
makes a trip, a bill is likely to be pre
sented to congress this winter for an
appropriation to provide a special
train for the president which shall be
owed by the government and placed at
his disposal whenever he takes a trip
on land, just as naval vessels and rev
enue cutters are placed at the dis
posal of the president, the members of
the cabinet and the assistant secretar
ies of the navy when they go to sea
It is also proposed that an appropria
tion be made for the operation of the
train and for haulins it over different
lines of railroads.
St. Paul Has New Manager.
Chicago, Oct. 7. General Manager
H. R. Williams of the Chicago, Mil
waukee & St. Paul railroad, having re
signed to take a position -elsewhere, his
duties will be assumed by W. J. Un
derwood, formerly assistant general
manager of the road.
i4''--
In TM i V1' rV"
WANT NOJJELAY.
Kansas Insists on Closing
Kansas-Colorado Quarrel.
Postponement Would Be Serious
for Western Counties.
MIGHT USE ALL WATER
Could Utilize All Flow of the
Arkansas.
Present Contest at Washington
Over Delay of Suit.
Attorney General C. C. Coleman's
brief which he took with him to Wash
ington, and which will be presented to
the supreme court on October 9 in sup
port of the state's application for an
early hearing for the Kansas-Colorado
water lights case, shows that the state
of Colorado is expecting to make a
stubborn fight against any advance
ment in this case, and also that the
American Beet Sugar & Land Irriga
tion company, which owns the Amity
canal, is the chief factor in inspiring
Colorado to take this stand.
If Colorado can manage to force the
postponement of the hearing of the
case until the next term of court it
means that the beet sugar people, with
their big canal, will be able to divert
all the water of the Arkansas river for
one more season, at least.
Colorado will take the position that
the abstract of the testimony is not yet
completed, and that the case cannot be
submitted without the abstract. A. C.
Campbell, the representative of the
government, has consented to the hear
ing of the case at the present term,
and apparently the fight will be be
tween Kansas and the government on
one hand and Colorado and the Beet
Sugar company on the other.
General Coleman's brief sets forth
that the complete testimony of the
case comprises seventeen volumes,
each of 500 typewritten pages, and
that complete copies of this testimony
are already in the hands of all the at
torneys. On September 30 there were
still 4,100 pages of the record to be
abstracted, and the work was being
done at the rate of about 2 00 pages
per dny. At this rate it will be com
pleted by October 25.
In his brief, General Coleman sets
forth seven reasons why the case
should be heard at the present term of
court. He contends that the case has
already been thoroughly argued, and
that attempts to secure delay on ac
count of the incompleted abstract are
quibbles, intended only to delay a de
cision, and enable the state of Colorado
to use its present advantages as long
as oossible.
The points advanced by the attorney
general are as follows:
1. That the case has been pending
in this court for a period of about four
years.
2. That the questions of law involv
ed have already been argued in this
court by competent counsel, and, in
large measure, settled by the court in
the hearing and decision upon the de-
The Taking
Cold Habit
The old cold goes; a new one quickly
comes. It's the story of a weak
throat, a tendency to consumption.
Ayer's Cherry Pectoral breaks up
the taking-cold habit. It strengthens,
heals. Ask your doctor to tell you
all about it. 'Then follow his advise.
W bm mo secrete 1 We Mbtisk
the f ormolu at all ear medicines.
L.oweiT, XCmb.
The Laxative of
Known Qualita
There are two classes of remedies; those of known qual
ity and -which are permanently beneficial in effect, acting
gently, in harmony with nature, when nature needs assist
ance; and another class, composed of preparations of
unknown, uncertain and inferior character, acting tempo
rarily, but injuriously, as a result of forcing the natural
functions unnecessarily. One of the most exceptional of
the remedies of known quality and excellence is the ever
pleasant Syrup of Figs, manufactured by the California
Fig Syrup Co., which represents the active principles of
plants, known to act most beneficially, in a pleasant syrup,
in which the wholesome Californian blue figs are used to con
tribute their rich, yet delicate, fruity flavor. It is the remedy
of all remedies to sweeten and refresh and cleanse the system
gently and naturally, and to assist one in overcoming consti
pation and the many ills resulting therefrom. Its active princi
ples and quality are known to physicians generally, and the
remedy has therefore met with their approval, as well as with
the favor of many millions of well informed persons who know
of their own personal knowledge and from actual experience
that it is a most excellent laxative remedy. We do not claim that
it will cure all manner of ills, but
represents, a laxative remedy of
containing nothing of an objectionable or injurious character.
There are two classes of purchasers; those who are informed
as to the quality of what they buy and the reasons for the excellence
of articles of exceptional merit, and who do not lack courage to go
elsewhere when a dealer offers an imitation of any well known
article; hut, unfortunately, there are some people who do not know,
and who allow themselves to be imposed upon. They cannot expect
its beneficial effects if they do not get the genuine remedy.
To the credit of the druggists of the United States be it said
that nearly all of them value their reputation for professional
integrity and the good will of their customers too highly to offer
imitations of the
Genuine Syrup of Figs
manufactured by the California Fig Syrup Co., and in order to
buy the genuine article and to get its beneficial effects, one has
only to note, when purchasing, the full name of the Company
California Fig Syrup Co. plainly printed on the front of every
package, rrice, 60c. per bottle. One
murrer to the original bill, and upon
subsequent motions.
3. That the record being ready for
filing and the abstract of the evidence
in form and condition to be printed
by the end of the month of October
makes it practicable that the case be
submitted and argued at this term.
4. That a very large portion of the
people of the state of Kansas residing
in the southwestern part of the state
in the valley of the Arkansas river, are
largely dependant upon the waters of
the river for their business prosperity
and therein are very largely hamper
ed, impeded and damaged by the di
version and absorption of the flow of
the river by the individual defendants
herein, and that a delay of the hearing
until the succeeding term of court will
necessarily continue that diversion and
damage by said individual defendants
for at least another year.
a. That the parties to this cause
who are opposing this motion to have
the case set for argument are mainly
the individual defendants who are the
largest appropriations of the waters of
the river, and whose appropriations
have all been subsequent to and in vi
olation of the prior rights acquired by
the citizens of Kansas, whose riKhts to
the use and benefit of the water at
tached before those of any of said de
fendants, and that the continued pos
session and appropriation of the wa
ters of the river by the said defend
ants during the pendancy of this ac
tion is prolonged and extended by ev
ery postponement or uelay of a final
hearing and adjudication of this cas;
and that this fact as complainant ver
ily believes, is the primary reason why
the said defendants are now in this
court opposing the motion of the com
plainant to have the cause assigned for
early argument.
6. That the defendant, the Arkan
sas Valley Sugar Beet & Irrigated Land
company, is one of the latest and very
largest of the appropriators of the
water of the Arkansas river in the
state of Colorado, and all the rights of
said company were acquired subse
quently and subject to the rights of the
complainant. That the Amity canal,
controlled, owned and operated by said
defendant, is shown by the evidence to
be of sufficient capacity to divert ana
retain the entire normal flow of the
river, and at times does divert and use
the entire normal flow of said river;
and the complainant claims and insists
that the rights of the complainant, as
against this entire absorption and
diversion of the waters of the river
ought to be adjudicated and deter
mined as soon as practicable, so that
the people and residents in the south
western portion of the state of Kansas
in case the claims of the complainant
are sustained, should not be for an ad
ditional year deprived of the benefits
and use of the flow of the waters of the
Arkansas river.
7. That because of the fact as here
inbefore stated, that the defendants
have had in their possession two
copies of the greater portion of the
testimony for now many months, and
the whole of the same for now several
weeks; and because of the further fact
that the testimony will be printed
within a few days or weeks hereafter;
and because of the further fact of the
very elaborate and extended argument
heretofore made in this case by coun
sel for all parties thereto, and the
clear and extended elucidation of the
law in the opinion of the court here
tofore rendered; and because of the
further fact that about seven months
will intervene between the printing of
the abstract of the testimony and the
adjournment of this term of the court:
and of the furthe- fact that several of
the attorneys for the defendants were
In constant attendance upon the taking
of testimony, and have been familiar
with the same for many montns, tne
complainant believes that the briefs
' can be prepared with all the care and
: attention desired, and presented at
j such times during the present term of
the court as the court may indicate by
' rule, and that no good reason can be
! advanced why this case cannot be
j heard during the present term f this
court.
Wichita and Return, $4.65, Santa Fe.
Southern Kansas fair. Tickets on
sale October 7th to 14th. Final limit
returning October 16th.
A boon to travelers. Dr. Fowler's
Extract of Wild Strawberry. Cures
dysentry. diarrhoea, seasickness, nau
sea. Pleasant to take. Acts promptly.
recommend it for what it really
known quality and excellence,
size only.
Stop!
A wise person like you cannot
be satisfied with any but the best
tr&nsfer service that is just the
reason why you should give us
your business.
Phone 320
Topeka Transfer and Storage Co.
406 East Sixth Street
SMOKE
KLAUER'S . GOLD BUG
b CENT CIGAR.
RENEW PASS AGREEMENT.
Has Been Broken But All Lines Now
Understand It.
Passenger officials of the western
railroads had a long discussion in Chi
cago yesterday over the anti-pass
agreement adopted by them on August
4. It was brought out that the agree
ment had been violated by nearly
every road in the handling of either
theatrical, military, labor, or home
seekers business, but each road con
tended that it did not Intend to violate
the agreement, but had not construed
it as its competitors. Ail lines finally
agreed that they had the same under
standing of the agreement and re
newed their pledges to obey it most
rigidly.
Lights Off at Holton.
Holton, Kan., Oct. 7. As a result of
a quarrel over rates between the
electric ligrit company here and the
council, the company has shut off the
city's lights and the town is in dark
ness. The company wanted to increase
the rates and the city demanded a re
duction. A boom for municipal own
ership has been started.
Cures dizzy spells, tired
feeling, stomach. Kidney
and liver troubles. Makes
you well and keeps you
well. That's what Hol
lister's Rocky Mountain
Tea will do. 35 cents
Tea or Tablets.
GATTilN DRUG CO.,
702 Kansas Avenue.
I