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o i f " SI ILL i toil i IlllilUi Lincoln Street Property Owners Oppose ravins'. Kay They Will Take Controversy to the Courts. EXPENSE IS TOO GREAT Residents Say That Taxes Are Burnsome. Itight of Executive Council to Sign a Petition Questioned. Before a brick pavement is laid on Lincoln street from Kighth avenue to Tenth avenue it will have to surmount the obstacle of a bitterly contested law muil. E. K. Lytle, who has recently pur chased Investment addition lying be tween Eighth avenue and Tenth avenue and Lincoln street to West street has been promoting the paving o a num ber of the streets which surround his tract of ground, included in this lot is that of Lincoln street. A number of additional property owners residing on Lincoln street have added their names together with Lytle to the petition. Oth er large owners of real esC.te on the tame street, Mrs, Lucia O. Case, John C. Harmon, John V. Abrahams and C. .W.Merriam, appeared before the streets and walks committee of the council last evening to remonstrate against the pe tition. Excessive taxation due to the construction of the new Sixth ward eewer, the formation of a park benefit district and other improvements Is the objection which these property owners have to the paving of Lincoln street at this time. "We don't think that the pavement is needed at this time," said Mrs. Case. ''There are but five houses fronting on the two blocks and but two horses owned among the residents there. I can't see why there is any particular need of a pavement at this time. If there was a need I wouldn't stand in the way of it. I think we should wait until the houses are buiit before we pave." Councilman S. A. Swendson, chair man cf the streets and walks commit tee, told the property owners present that the petition had sufficient number of signatures of property owners to make it a, valid petion and that the committee was bound to approve the passage of it. When this statement was made by the chairman of the committee John F. Abrahams flashed out a statement to the effect that not sufficient property was represented in the signatures to the peti tion, and cast a Question upon the worth of the state executive council's signa ture which signed up in behalf of the (state, the governor's residence property abutting on Lincoln street. In his opin ion it would take a special act of "the legislature to make good the signature of the executive council. With this property of the state out, the petition in favor of paving would not contain a sufficient amount of residential property owners' signatures. Further, a question is thrown on whether the state of Kan ens is a resident of Topeka. In paving Buchanan street the city went under the assumption that the. signature of the executive council of ihe state was all right, this because of no palpable objection to the paving. Former City Attorney Spencer who was present stated that the action was taken at that time because there seemed to be no Indication that any objection would s-rise though he doubted whether it would have ever stood the test of the courts. On a motion the matter was referred to the city attorney and the action on the petition wMll be deferred until the opinion of the city attorney is delivered. The following additional paving peti tions were acted upon favorably: Clay street from Tenth avenue to Thirteenth street; Jefferson street from Sixth ave nue to Eighth avenue; Lincoln street from Seventh street to Eighth avenue and West Eighth avenue from Lincoln street to West. 3 OH X SOX GOES TO WASHINGTON. Labor Commissioner Will Attend tlie National Meeting-. W. L. A. Johnson, state labor com (mission er. left for Washington, D. C. yesterday for the purpose of attending the meeting of the executive board of the National Association of Labor com- Tnissioners, of which he is a member. The board consists of Charles P. Xeill, KTnited States commissioner of labor; W. L. A.. Johnson of Kansas; M. J. Mc- Leod of Michigan; E. V. Brake of Colorado, and Charles F. Pigeon of Massachusetts. The object of the meeting is to agree upon a uniform plan of accounting and statistical work in all of the state de partment?. The plan adopted will he in harmony with the plan used by the department at Washington, and the ob ject is to get the state statistics into such shape that they can be used for purposes of comparison. Each state department will collect exactly the same kind of tables on the cost of living, manufacturing statistics A Cresm cf Tartzr Powder, t - "i f tuti or f .ics" F' ' CO., Kf.-V YOPK. 1 i , c i i l - J.I . . i : ; ' : I 1 ' - ! i .r j .-- i- km I o, X wv ) -II TTa R-" Uncle Sam That and trades unions. The meeting of the executive board w ill draw up stand ard forms for tables to be used by all the departments of the United States. The meeting will begin on December 4, and wiil continue a number of days. M1E0D ACQUITTED. Jury Clears Him of Responsibility for Geary Girl s Death. Boston, Dec. 2. A verdict of not guilty was reported in the superior court today by the jury which last night deliberated the case of Dr. Percy D. McLeod, charged with being acces sory after the fact to the illegal opera tion which resulted in the death of Susanna Geary, the victim of the suit case tragedy and with concealing the crime. the prisoner was discharged. The case was given to the jury at 4:45 p. m. yesterday and a conclusion was reached at 10:15. In accordance with instructions of Judge Stevens, the ver dict was sealed and reported when court opened this morning. Hunt and Louis W. Crawford, who pleaded guilty several days ago to the charge of being accessories after the tact to the illegal operation, then were brought into court. Each was sen tenced by Judge Stevens to not less than six years nor more than seven years in state prison. LIQUOR SALES OX INCREASE. That Is AVhat Judge Ilajden's Records Indicate. The druggists of thp ritv vi.i liquor permits made their regukar month ly report to the probate judge yester day. The reports show that the sales for November were greater by 92 than they were for the month of October. This may indicate tnat the raids of the as sistant attorney general have caused some of the patrons of the bars of the city to buy in quantity and in that way be relieved from testifying against the liquor dispensers. Or it may be that the cold weather has somethnig to do with the increased sales of liquor. The sales reported for the two months were as follows: Nov. Oct. M. A. Funchess 96 78 Petro & Woodford 114- 114 A. H. Marshall 87 94 F. A. Snow 88 70 E. B. Walker 50 20 A. C. Klingaman 213 129 N. J. Petro 66 68 J. P. Rowley 292 214 W. H. Wilson 1S5 142 A. W. Lacey 58 40 A. O. Rosser 24 46 M. Weightman 36 42 A. T. Waggoner 1W1 91 W. S. Miller 139 94 G. W. Flad 75 79 L. S. Woolverton 72 57 E. S. Lee 195 66 G. W. Stansfield 87 92 Frank Hobart 75 63 E. C. Arnold 154 130 W. A- Karr 222 131 A. F. Gatlin 47 17 A. H. Ott 46 40 C. F. Young 260 218 M. O'Donnell 190 130 J. M. Brunt 159 185 W. S. Osborne 47 132 P. S. Walker 153 SI J. W. Kraemer 46 41 G. P. Pierce 250 221 H. Page 38 37 Frank Keith 138 133 C. F. McNair 189 146 T. Morris, jr 99 69 L. M. Williams 28 20 W. F. Lake "io 31 C. E. Joslin IS W. F. Kuntz 48 Chas. Wr. Kohl HO Totals 4,209 3,517 To Take AV. E. Thomas to Denver. Leavenworth. Kan., Dec. 2. W. E. Thomas is reDorted to be steadily im proving from his carbolic acid burns and regaining his health, so that his family expects him to be ready to leave this city Monday or luesaay. a reporter was informed et the Thomas residence last night that the plans bad been laid to leave for Denver on the day mentioned. Sank an Unknot Steamer. Dover. England. Dec. 2. The Belgian steamer Philippeviile from Antwerp for the Congo reports sinking a steamer, name not given, southwest of Dungeness farly today. The Philippeviile picked up tseven of the crew of the sinking ves me) suid rjroceeded for Southamctoiu TOPSSA DAILY ' It. machine doesn't seem to be running SNAP SHOTS AT HOME NEWS. Rev. A. Wyman will preach his fare well sermon at the Unitarian church Sunday. John W. Newell has gone to Iowa to plead an important suit in which he is interested. The police committee of the coun cil held a brief and unimportant ses sion last evening. Alice Nelsen will be at the Auditor ium Tuesday, December 12, for the ben efit of the organ fund. A building permit was issued today to S. C. Sheldon for a $1,500 dwelling at 1021 Morris avenue. The Ladies of the G. A. R. realized over $209 from their bazaar which was managed by Mrs. A. C. Covell. The W. C. T. U. has announced a meeting at the first Methodist church Monday afternoon at 3 o'clock. Governor Hoch .has returned from his Thanksgiving speaking? trip to Smith Center and Junction City. If you were up early enough this morning you could have seen a trace of the second snowstorm of the season. The regular weekly clean up of the paved streets is being made today by the street commissioner's department. The Japanese juggler at the Star the ater this week is the best performer in his line who has ever appeared in this city. Malon Burget takes out a few chips in the Burton game. He says that Burton will have to serve his term in jail. Why is the city railway never ready for cold weather. All except the elec trically heated cars have been frigid these winter mornings. M. A. Low has bought a quarter section of land south of Horton from the Kansas Land and Loan company. The price paid was $9,800. The Atchison Globe says that Mayor Orr will be in Topeka Monday and will miss the first council meeting which he has missed since he was elected mayor. F. L. Vandegrift is announced for a lecture before the State university's school of journalism Friday, Decem ber 8. His subject will be "The News paper Man and His Job." The board of health has issued an other bulletin saying that school chil dren must be vaccinated. Come to think of it school days have some trials pe culiar to that stage of life. The public in general is invited to attend the memorial services to be giv en by the Elk lodge at the Auditorium Sunday afternoon at 3 o'clock. Ex Governor Bailey will deliver the ad dress. Miss Maude Rockwell, who sings at the Elk entertainment at the Audi torium this evening, took her first les son at the skating rink this morning. If she makes a noise like roller skates tonight you will know the cause. The trenching for the new main which is to be laid from Sixth and West streets to Seventh and down Seventh street to Western avenue was COD LIVER OIL. It almost makes you sick to think of it, but it isn't nearly as bad as it used to be. The improved method of refining it makes it much easier to take, and when made into Scott's Emulsion almost every one can take it. Most children like it and all children that are not robust are benefited by it. When the doctor says "Take cod liver oil," he generally means Scott's Emulsion; ask him if he doesn't. They know it is more easily digested and better than the plain oil. SCOTT & I0WNS, 409 Pmrl Street, New York. 8TAT2 .. JOXTENAE. J 1 smoothly. begun this morning by M. W. Gilmore, the contractor. The contract was let by the board of waterworks trustees and when the main is laid it will result in better water pressure. In speaking of the verdict returned by the jury in the Burton case, Frank Grimes remarks that "juries are not in fallible. " He can find plenty of To peka people who will agree with him, but they are thinking of the Heck case. Miss Maude Rockwell, the sweet voiced singer, who is on the bill at the Elks vaudeville this week, at the Audi torium, is Mis. O. C. Brown- when not on the stage. Mr. Brown, her husband is the booking agent for the Sullivan Considine circuit and lives in Chicago. The Topeka Ice and Cold Storage company will add an additional floor to their four story building at First and Jackson streets. The building has a frontage of 50 feet on First street. An office building. 4s being completed adjoining the plant and as soon as it is ready for occupancy the present loca tion of the office in the front portion of the plant will be moved and the room will be converted into a storage room. J. W. Farnsworth of Farnsworth & Ashby, who has been engaged in the crockery business in Topeka for the past 38 years, has concluded to retire from active business. For 38 years he has conducted a queensware store at 503 Kansas avenue, the present location. Mr. Farnsworth has been active in the business life of the city for over 50 years past and was one of the earliest settlers in Topeka. The stock will be disposed of and Mr. Harry Ashby, the remaining member of the firm, will engage in other busi ness. BELOW A BILLION. Once More Public Debt Can Be Ex pressed in Nine Fifrures. Washington, Dec. 2. The monthly statement of the public debt shows that at the close of business Novem ber 30. 1905, the debt less cash in the treasury amounted to $999,752,831, which is a decrease as compared with last month of $12,893,294. This de crease is accounted for by a corre sponding increase in the amount of cash on hand. The debt is recapitu lated as follows: Interest bearing debt $895,159,120. Debt on which interest has ceased since maturity $1,208,095. Debt bearing no interest $388,695,456. Total $1,285,063,671. This amount, however, does not In clude $1,010,233,869 in certificates and treasury notes outstanding which are offset by an equal amount of cash on hand held for their redemption. The cash in the treasury is classi fied as follows: , Gold reserve fund. $150,000,000. Trust funds, $1,010,233,269. General funds, $166,489,856. In national bank depositaries, $65, 607,937. In Philippine treasury, $4,820,623. Total, $1,397,152,286, against which there are demand liabilities outstand ing amounting to $1,111,841,445, which leaves a cash balance on hand of $285,310,840. NEWSPAPER FA5IILIES UNITED. Wm. Van Benthuysen's Bride Daughter of a Former Kansas Editor. New York, Dec. 2. William Van Ben thuysen, son of the late William Van Benthuysen, ex-managing editor of the Chicago Tribune and the New York World, and Miss Leila Hazel Coulter, daughter of Mr. and Mrs. John Coulter, took place at St. Thomas' church Thanksgiving day. The Rev. Ernest M. Stires, formerly rector of Grace church, Chicago, officiated. Mr. Van Benthuy sen is an artist on the New York World. Mr. Coulter was for many years a well known newpaper man in Chicago and is now financial editor of the New York Commercial. He did his first newspaper work In Kansas on the Leavenworth Times and was a friend of the late editor of that newspaper. He also did editorial work on a Topeka morning daily in the early eighties Commercial Club Banquet. So many applications for tickets to the Commercial club banquet on Tope ka Dav, have been received from citi zens not members of the club, that the committee has decided to admit them to the comfortable capacity of the Hotel Throop dining room. The committee will not consent to crowding tne room under any circumstances. Parties -who desire tickets should arrange with tne secretary of the Commercial club not later than Monday. Ladies are includ ed in the invitation. Tickets U each. SATURDAY NIGHT. li ATT "FTs TT TP A TuO TT Tt r t a "nF There's new n t? V-Ji f j i fI4W GCPSCM C fe A i . Cufc 3P Im M The Headliner Act of the Vaudeville Stage, will head the bill, and in addition there will be jj JOS. CALLAHAN, Impersonator; Green & Barton, Comedy Musical Act; Kelly a & Adams, Irish Comedy ; Nef f & Miller, Eccentric Dancers ; Kherns Sc. Cole, German Comedy ; Ii Her, Burk & McDonald, Trick House Comedy Acrobats ; LaMont's Big Trained Animal Act, and 1 MISS MAUDE ROCKWELL THE CALIFORNIA NIGHTINGALE The Sweet Singer from Beyond the Sierra Nevada. p ffs The Biggest Show ever given i jl-L' Topeka for so Small a Price as 233 S5 THIS IS APPLIED CTIHISTIANITV. Members of Walnut Grove Work on Sunday to Build Shelter for Woman. An instance of practical philanthropy is that of the residents of South Topeka who are trying to erect a home for an aged colored woman, "Aunty" Walker, who lives a half mile west on Kansas avenue from Twenty-third street. 1 "Aunty" Walker, who is in the eighties j has been living on a small tract of land ! in a hovel which threatened to fall ! down upon her, so decrepit was it. j Neighbors finally decided that it was ', best to tear down the shanty and erect a new dwelling. For the past ten days members of the Walnut Grove M. E. church have been devoting their spare hours in laboring upon the erection of the dwelling house. Those who couldn't labor on week days, took time off from the church devotion al meetings and put it in with hammer and saw. Hut a difficulty now confronts the fur ther progress. The two days' labor of a stone mason is needed and none has been found who would volunteer his services. Those who are active in the particular piece of charity want the as sistance of a volunteer stone mason. W. E. MacEowell at Twenty-first and Kansas avenue, is directly in charge of the work. "We are afraid that the old lady won't be able to stand living much longer in the tent and for that reason we are anxious that the dwelling be finished as soon as possible," said one neighbor. "She owns the small property and part ly takes care of herself by raising gar den stuff and the county also extends help." Leavenworth Prisoner Escapes. Leavenworth, Kan., Dec. 2. Charles B. Householder, a federal prisoner with five months more to serve, escaped from the sentry near the post guard house. Householder was working in the rock quarry when he managed to edge out from the gang and ran. He ran in zigzag fashion to escape being shot. The sentry fired at him repeatedly and missed him. Cavalry tried to run Householder down, but he hid in the timber. Death From a Gas Explosion. Fort Scott, Kan., Dec. 2. Mrs. Elmer Reid, the young wife of a carpenter, met an agonizing death here. She had gone to light the gas fire and did not get the match until after she had surned on the gas. When she struck the match an explosion occurred, setting fire to her clothing. She ran from room to room until her clothing was burned off, when she sank to the floor a charred body. Charters Granted. Senator Thad C. Carver and Repre sentative J. S. Barnes, both of Pratt, Kan are large stockholders in the The aound, refreshing Sleep of Childhood comes when i-'i is used in place of ordinary cCfffee, j 'There's a Reason.1 TOM iJk T Tt 1 1 IF? 11 BEE THE V TIT! acts and features on the bill for TONIGHT Buy TicKets at the Stores or of Elks, and avoid the rush at the Box Office. Mandolin "" 12 TO Tomorrow, Sunday's Dinner AT &L Pratt Mill and Elevator company, which was granted a charter yester day. The amount of the capital stock is $100,000, and Carver and Barnes each hold $10,000. The company is organized to deal in grain and manu facture grain products. Another large concern granted a charter yesterday was the Ferguson Manufacturing company, of Belleville. Kan. This company has a capital stock of $50,000, and will engage in the manufacture of gasoline motors of all kinds. F. A. Ferguson owns 330 shares of the stock, worth $33,000. Other concerns chartered yesterday were: Beagle State bank. Beagle. Kan., $10,000; Austrian-American club, Frontenac, $940; Sterling Hos pital association, $10,000; Sunflower Investment company, Wichita, $10,000. FOU CHEAPER FOOTBALL. Bis Nine Conference Protests Against Present Prices. Chicago, Dec. 2. Representatives of the "Big Nine" athletic conference.which includes the universities of Minnesota, Wisconsin, Northwestern, Chicago, Michigan, Iowa, Indiana, Purdue and Illinois, at their annual meeting here entered a protest against the high prices of admission charged for intercollegiate football games, and passed a resolution declaring that the maximum admission to these contests should not be more than fifty cents. In this connection the cases of Dunlap and Schulte of Michigan and Boone of Chicago were mentioned to show the necessity for a standard definition of a college. The cases of these three men, it was declared, was a closed incident, and that the proposed legislation defin ing a college is for the purpose of deal ing with similar cases w-hich may arise in the future. OCESTTOX OF LAXD LIEXS. This Is to Be Testea in Suit Before Supreme Court. W. D. Kuhn has fiied an appeal in the supreme court from the decision of the lower court in the case which he brought against the National bank of Holton and E. S. Bateman, sheriff of Jackson county. It seems that Kuhn bought a farm from James S. Walton. After he was in, possession, it develoned that the Na tional bank of Holton had two judg ments against Walton, and they claimed that these judgments constituted a lien on the land which Walton had sold. They put the matter into the hands of the sheriff to sell the farm, and Kuhn brought suit for injunction to stop the .fAU this hapepned back in September, "CPE A II !l 3 C7z3 M m w LAME il Club Music 2:30 P. M. --- THE aJk tj aa 2h ba I iiMnf AMUSEMENTS. AUDITORIU Tuesday, Dec. 12th, 8:15 P. M. CONCERT BY Alice Neilsen ASSISTED BY Four Italian Soloists Selections and Scenes from Italian Grand Opera. r . $ Admission: Si, il 50, $2 $2 Seats first six rows in Parquet Chart Open at Stansfield's, Wednesday, December 6th The Star Theatre 418 Kansas Ave. ILe Home of Defined VasderiSle The programme twinkles with stars Two performances each evening 8 and 9. Matinee daily, 2:45. All Seats 10c y. B. Children admitted to Saturday mat Inee, Ec. bandsome dinner set (lao pieces f Ken away every ITiiiay afternoon. 1904. The case was postponed for one cause and another, and did not come to trial until last month. On November's, the lower court heard the case, and dis solved the injunction. Kuhn wants the supreme court to reverse this decision. 5 tsJ Lf