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I 10 PAGES 7 r ! H . e. EVERYBODY 10 PAGES NEEDS IT. t J A. ; P i i M 1 h Ui 4 l READS IT. WWW LAST EDITION. WEDNESDAY EVENING. TOPEKA, KANSAS, DECEMBER 13, 1905. WEDNESDAY EVENING. TWO CENTS. OQQD TOLD IT ALL Reduction in Grain Kates Would Benefit Farmers. and Elevator Men Would Not Ue Affected. Sillers UNLOADING CHARGE. J. 0. Maxwell Tells How It Helps the Trust. as a Rebate From the Railroads. Serves Admits That lie Knows ot So Specilic Instances. J C. Rnbb, of Wichita, the grain man -ho is here attending the grain rate hearing before the board of railroad commissioners in the Interest of railroad companies, admitted this morn v inp on the witness stand that any re- v- dun ion in rates which the railroads might make would be of no benefit whatever to the millers and elevator men. but would be of benefit entirely to the producers of grain. This is or.e of the points which the railroad companies have strenuously denied. They have asserted that what ever reduction the railroad companies m'ght make would simply mean a low er price for grain, and no benefit to the Kansas grain producers. It was Just at the close of Mr. Robb's testimony that this important fact was developed, and it was evident that Mr. Robb did not appreciate the signifi cnce of his admission. He had been doing his best all through his testimony to show that Kansas grain men are getting a square deal, and that the rate of iS'i cents from Wichita to the gulf ports gives Wichita a sufficient advan tage over Kansas City, in spite of the fact that the haul from Kansas City is hundreds of miles further and the rate onlv 2 cents higher. "Wouldn't you consider it a good thing If you were given a rate to Gal veston proportionate to the advantage which you have over Kansas City in distance?" asked Carr Taylor of Mr. Robb. "Sure," said the witness. "And if you should get any reduc tion, would the mills and elevators be benefited?" "No. not a cent," said Robb. "It would all go to the farmers." It was somewhat of a surprise when Mr. Taylor called Mr. Robb as a wit ness. Robb was supposed to be here as a witness for the railroad companies. The only other witness examined this 4' morning at the rate hearing was J. G. ?' Maxwell, of Mcpherson. Mr. Maxw-ell's testimony was largely concerning the unloading charges made by Kansas City elevators. Mr. Maxwell stated that the Kansas City elevators get a rebate from the rail roads of 14 cents per 1 0 for unload ing grain, and that this unloading charge served the purpose of a rebate In favor of the "trust" elevator. Mr. Taylor had the witness go into a detailed description of the number of elevators in Kansas City, and their connection with the various railroad companies. He also told of the grain men who operate on the various lines of road. Mr. Maxwell is a grain buyer himsel.T, doing a sort of brok erage business, and he had found, he stated, that he could not compete with the buyers representing the railroads. "Don't you have the same unloading privileges that anvbody does?" asked M. A. Low. "No, I don't." said the witness. "Can you name a single instance in which a shipper has not been accord ed this privilege?" The witness hesitated and finally stated that he couldn't. "Rut." he said, "I can fell that the discrimina tion exists, and so could you if you were shipping grain." ''Well, how do you know?" persist ed Mr. Row. "Just the same way that I know the wind is blowing; I see the trees bend, and the grass wave," replied Max well. The attendance at the grain hear ing continued large this morning and though only two witnesses were ex amined, it is likely that the hearing will be concluded Thursday. Tuesday Afternoon's Session. V Opening of the Session. The little court room of the board of railroad commissioners was crowded with people for the opening session. Grain shippers, millers, elevator men railroad attorneys and politicians oc cupied all the chairs which could be parked in, and lined the walls. In the center of the room, somewhat apart at a table by himself was Carr Taylor, attorney for the board, the man who single handed has dared to attack the railroads and demand from them a reduction in grain rates, for the benefit cf the shippers of Kansas. Opposing Taylor in this fight, th railroads of the state have sent their very best legal talent: half a dozen ten Uousand dollar lawyers, and a lot of freight rates experts of equally high standing. M. A. Row is representing the Rock Island: W. R. Smith and A. A. Hurd the Santa Fe; X. H. Loomis tne Union Pacific: Frank Doster and J. H. Richards the Missouri Pacific. J. C. Lincoln, the Missouri Pacific's star freight rate man; J. R. Koontz. general freight agent of the Santa Fe; H. H. Embry of the Rock Island, and a dozen minor freight officials from all the lines m the state are all present, and in constant conference. To make good measure, John H. At wood of Leavenworth, hired bv the millers of the state, is lined up in op position to Taylor. With such an outlook, it is not sur prising that people who come in to lis ten to the hearing are impressed with thefact that the state of Kansas has made very inadequate provision to at tend to the gigantic conflict which it has undertaken in Its efforts to get a square dea.1 on freight rates. Carr Tay lor is making a good fight, but the state should have more lawyers and freight experts available in such an emergen cy. Jolmk Takes a Hand. J. II. Johnk, the Solomon, Kan., re former, created excitement for the crowd while waiting for the hearing to commence. Johnk is the man who or iginated the farmers' co-operative ele vator idea, and though he came to Kansas from Germany In 1880, he has a good many characteristic German ideas about economics. While waiting for the commissioners to put in an appearance, Johnk enter tained the large crowd of railroad men, millets, grain shippers and attorneys with a fierce harangue about the rate situation. He handed out to everybody present a large tract on "The Birth of the Grain Trust; Its Conception.Growth and Unnatural Development," written by himseU. "That is written by me, printed by me, owned by me, and it isn't tainted with any trust or corporation boodle," shouted Johnk, with such a rich Ger man accent that it was almost impossi blt to understand him. When Johnk passed his circulars around, M. A. Low refused to take one. All of the other railroad attorneys, however, accepted a copy, and cheered Johr.lt when he made his speech. "I am Johnny on the spot; stand by your guns, boys; down with the grain rates!" shouted Johnk, as he danced about among the railroad magnates, handing out his tracts. After the hearing started, Johnk drew his chair close up to that of Carr Tay lor, attorney for the board, and tried to make suggestions. Mr. Taylor had to request Mr. Johnk to withhold Ijis information. There is no doubt that Johnk is very much in earnest, and is trying to do something for, the good of the grain shippers. The hearing was set for 2 o'clock in the afternoon. It was about 2:30 when Commissioners Wheatiey and Walker came in and announced that Commissioner Robison had been de tained by a late train and would not be in till late in the afternoon. They announced that they would go ahead and hear the evidence, and allow Mr. Robison to "catch up" by reading the transcript. Without any apparent excuse for it the attorneys became involved in a loner winded argument which con sumed nearly all the afternoon. Mr. Taylor opened with a short statement of the case on behalf of the complain ants, setting forth the existing condi tion, and showing what the state pro posed to prove. Low Sieaks for Railroads. M. A. Low, attorney for the Rock Island, then set forth the position of the railroad companies, and indicated the grounds of their defense. He said in part: "It is a fundamental principle that a carrier which collects products and brings them to a central point for shipment, or a carrier which dis tributes goods from some central point for consumption, is entitled to a high er rate than a carrier which handles goods in train load shipments. Tha't is the condition here in Kansas. The Kansas railroads are collecting the grain, and hauling it to Kansas City, where it moves to the markets. "I want to say that this case is not brought by the farmers and grain ship pers; not by a long shot. The same people who inspired this suit, brought the suit before the interstate com merce commission at which they com plained of the grain rate from Wich ita to Galveston. The commerce com mission fixed the rate at 2SVb cents instead of 30 cents. It is this rate which is now beiryj attacked; the same rate fixed by the interstate commerce commission. "It has been stated that we do not have cars enough to handle the traffic of Kansas. I deny that statement; we have an abundance of cars. The trouble is that the terminals- are blockaded, and we can't get our cars unloaded. They stand there in the yards, and are not available for traffic. What's the use of sending out more empty cars to the producers when we can't unload what we have? It would simply increase and intensify the blockade. "It is my idea that the railroads should quit this export business alto gether. They would make more money if they did an exclusive state business. There is nothing in the ex port rate as it is. "The railroads have no desire to in jure the state of Kansas. I can say for my associates here that I do not think a single one of them wants to do anything which would otherwise than build up the state. "Wichita is the prime mover in all these rate troubles. The people down there have a notion that it adds to their importance to be continually stirring up something about freight rates. They have a very good town, and they don't want to be forgotten. I don't think they will be, either." At the conclusion of Mr. Low's re marks, a Wrichita grain shipper by the name of J. C. Robb, who happened to be in the audience, arose and said that the Wichita grain men were en tirely satisfied with existing conditions, and were able to sell grain in competi tion with all markets. They asked no reductions and were siding with the railroads in the present fight. Mr. Low apologized for his remarks about Wichita. John H. Atwood then said: "I rep resent the millers who intervene in this case. We are not here contending for anvthing. Ail we say is that we want nothing done which will injure our business. If the board should take any action which would result in taking away from us the milling' in transit privilege, it would ruin us." The millers set forth in their inter vening petition that "they had been informed," presumably threatened by the railroads, that the milling in transit privilege would be taken from them in case of material reduction in grain rates. A. A. Hurd, of the Santa Fe, said: "The prooosed reductions will not help the shipper a bit. The prices of grain will be reduced just as much as you reduce the freight rate. It has worked that way before and would again." Low Offers Half a Million. Mr. Taylor replied to these state ments of the railroad attorneys, and said that the proposed reduction would result in building up a chain of big elevators in central Kansas at which the state would take care of its own grain and ship it from these centers. "There is no reason." said Mr. Tay lor, "why the Santa Fe should come in here and plead that it collects all this Kansas grain and hauls it to Kan sas City and allows it there to be dis tributed among all the various eastern roads for shipment. The Santa Fe might as well haul the grain clear through to Chicago, and so might the Rock Island with grain which origin ates on its line." "I'll give you half a million dollars if you will tell me how to do this," said M. A. Low. "I know you wouldn't give up that grain unless the eastern roads forced you to do it," replied Mr. Taylor. "It's worth big money to you," said Freight Agent Embry of the Rock Island, "if you can tell us how to keep the grain we originate." After Mr. Taylor completed his re marks Mr. Loomis of the Union Pa cific asked: "Can you tell us how much of a re duction you think the railroads should make in existing grain rates?" "I don't pretend to be an expert," said Mr. Taylor, "and moreover it is the business cf the board to decide IIEIESDElOBBAT Governor Chamberlain of Oregon Appoints a U. S. Senator To Fill Unexpired Term of Late J. II. Mitchell. HE IS A NATIVE SON. John M. Gearin of Portland, Given the Place. Was Endorsed by a Large Num ber of Republicans. Salem, Ore., Dec. 13. Governor George E. Chamberlain today an nounced the appointment of John M. Gearin of Portland, to succeed the late John II. Mitchell as United States sen ator from Oregon. Mr. Gearin is a Democrat, but had the endorsement of not only the Democratic party in this state but also some of the staunchest Republicans. The appointee will sit in congress until March 4, 1907, unless his tenure shall be sooner ended by the legisla ture which will meet in regular session in January. 1907. John M. Gearin. is a resident of Multnomah county, Oregon. He was born in Umatilla, Oregon, August 15, 1S51. In 1S74 he was a member of the legislature and two years later was elected city attorney for Rortiana. in 18S4 he was elected district attorney for Multnomah, district. TROUBLE FOB FOSTER. Nielsen Management Nearly Balked on Topeka Performance. The curtain at the Alice Nielsen per formance last night came very near rot going up at all on account of a small igized insurrection on tne part of three managers of the company. For a company which carries twelve people the Alice Nielsen Opera com pany carries some heavy managerial ballast there are just three of them one for each quartette. In the first place there is Henry Russell, who seems to be a free lance manager, then comes Miss Nielsen's private manager and thirdly the Shuberts have a man ager who looks after their interests in the exploitation of the whole en semble. With one accord these three ar raigned themselves against Frank Foster who represented the Pipe Or gan association management in bring ing the attraction here. "They started to beef as soon as they got into town." said Frank Fos ter. "They beefed because we had changed the performance from the Auditorium to the Grand; they took exception to certain expenses . which had been incurred in advertising and then they refused to allow the cur tain to go up because we had issued free passes to thirty ushers who are employed at the Auditorium. These passes were issued before we had counted on the change from the Au ditorium. They insisted that I would have to put up the money for these thirty tickets. I refused to do this and said that I had had an under standing with Alman Barrett and that he had agreed with me that it would be best to let the matter rest. I told them that I would have to stand pat. They then threatened to leave the city. They said that they could furnish bond if we started action against them for not fullfilling the contract. I told them that I hoped so for I wouldn't want to pay the board bill. It cer tainly was a trying experience. I had all three of the managers down on me at once. It was a relief when I heard the sound of the bell for the curtain to go up. The Pipe Organ association lost money on the venture. The receipts were divided upon the percentage ba sis. Seventy-five pier cent went to the opera management and twenty-five per cent to the association. The total re ceipts were $552 and the expenses of the association were $39.85 in excess of the twenty-five per cent of the receipts which went to the pipe organ fund. Alice Nielsen and her company got $414 and the pipe organ fund got $138." Brunke Fails to Appear. The case of the state against John Brunke was set for trial in the city court this morning and for the second time the defendant failed to put in an appearance for trial. Some time ago divorce proceedings were rued by his wife and shortly after this he met his wife on the street with another man and a scene ensued which resulted in his arrest on a charge af assault. Since these occurrences an adjustment of the family affairs has been brought about and Brunke feels that the mat ter in the city court should be dropped. Judge McCabe took a different view this morning and issued an alias war rant for his arrest and appearance be fore his judgeship in the city court. The trial of the case will proceed as soon as the court officers manage to secure service on the defendant. At that time he will probably have an op portunity to explain to the court his reasons for nonappearance and show cause why he should not be fined for contempt of court. what the rate should be. I am per fectly willing to state, though that it is my personal opinion that the present rates should be reduced 33 per cent." Three Witnesses Examined. The first witness called was J. W. Radford, the state grain inspector. Mr. Radford testified as to the number of grain elevators at Kansas City and their capacity; the number of mills and their capacity, and concerning the general grain conditions from the point of the shippers. John A. Myers of Hutchinson, S. S. Reynolds of Grainfield and Geo. W. Fieser, member of the legislature from Kingman county, were all placed on the stand to testify to the same point, namely, that five years ago, the rail road had in effect a lower rate than at the present time on shipments of grain from interior Kansas points to Kansas City. The railroad attorneys did not cross examine any of these witnesses and their testimony was not of sensational character. ANOTHER PLEASANT DAY. Temperature Rises and Air Is Balmy and Pleasant. Th weaher predicted for today must have miscarried in some way for instead of the cold and cloudy weather which the weather man promised to in flict upon the community, the condi tions today are just the reverse. The sun is shining brightly and the tem perature is several degrees higher than it was yesterday. The predictions say that the same conditions which exist to day will prevail tomorrow and that if there is a change of any kind that it will be towards higher temperatures ar.d a clearer sky. The latter part of the prediction will be hard to anticipate for the sky is almost entirely devoid of clouds today and the sun i3 shining bright and warm. The hourly temperatures for today were: 7 o'clock 25T.1 o'clock 33 8 o'clock 25;12 o'clock 35 9 o'clock 25j 1 o'clocS 36 10 o'clock 23 2 o'clock 38 Wind 2 miles from, the east at 2 p. m. CHANG Miller, of Kansas, Transferred to Naval Committee. Senate Accepts Canal Bill Passed by House. Washington, Dec. 13. When the house met today Speaker Cannon an nounced the transfer of Representative Mondell (Wyo.) from the committee on military affairs to the public lands, and of Mr. Miller (Kan.) from public lands to military affairs. The transfer gives the two members the same com mittee assignments they had in the last congress. In the Senate. Washington, Dec. 13. When the senate convened today Vice President Fairbanks presented an extract from the minutes of the senate of Canada expressing thanks for the cordial re ception extended by the senate and house of representatives to the Hon Raol Dandurand, speaker of the Ca nadian senate, the Hon. Mackenzie Bowen, ex-premier and senator, and the Hon. Senator McSweeney, at the inauguration of President Roosevelt. Mr. Allison from the committee on appropriations, reported the bill mak ing an appropriation for the Panama canal work and gave notice that he would ask the senate to take it up to morrow. He said that the committee was of the opinion that $11,000,000 would be sufficient for present pur poses and the amount had been left as fixed by the house. A bill authorizing the Portland & Seattle Railway company to construct a bridge across the Columbia river at Vancouver, "Wash., was passed. The senate at 12:45 p. m. went into executive session and at 1:25 p. m. adjourned. Philippine Tariff Taken lp. Washington, Dec. 13. Discussion of the Philippine tariff before the house committee on ways and means began this morning with the full committee and Secretary Taft, Governor Luke E. Wright of the Philippines, Colonel Clarence R. Edwards, chief of the bu reau of insular affairs and a number of representatives of American sugar interests in attendance. F. R. Hatha way, secretary of the sugar manufac turers, was the chief speaker and for more than an hour reviewed testimony given by Philippine citizens and of ficials at the hearings before the sen ators and representatives included in the Taft party at the time of their visit to the islands last summer. REBELS HOLD RIGA. According to Reports Circulating In St. Petersburg. St. Petersburg, Dec. 13. Night Via Eydtkuhnen, East Prussia, Dec. 1 3. Reports are in circulation to the effect that the insurgents at Riga have captured the fortress there. Inquiries made at the ministry of the interior resulted in the statement being made that the government's advices do not confirm the capture of the fortress and the seizure of the governor. The sit uation, however, is admitted to be grave. The commander at Riga yes terday appealed for additional troops which, wire dispatched. Provisional Government. Berlin, Dec. 15. The dispatch to the Lokal Anzeiger from St. Petersburg dated Tuesday, December 12, via Eydtkuhnen, says that a message from Riga announced that the Lituan ians are masters of the city, that they have formed a secret provisional gov ernment, that officers do not dare to go on the streets in uniform and that the army is regarded by the Russian authorities as unsafe. ATWOOD TO SPEAK IN TOPEKA. Will Deliver Address Before Jefferson Club Thursday Evening. John H. -Atwood of Leavenworth will deliver an address before the Jefferson club at 117 West Sixth avenue Thursday evening, December 14. Weather Indications. Chicago, Dec. 13. Forecast for Kan sas: Probably cloudy tonight and Thursday; with possibly rain in south east portion; warmer Thursday. Temperatures of Largo Cities. Chicago, Dec. 13. 7 a. m. tempera tures: New York 40; Boston 24; Phila delphia 40: Washington 36; Chicago 22; Minneapolis 16; Cincinnati 34; St. Louis LOCAL MENTION. Soot falling on the roof of the resi dence of A. A. Rodgers at 1119 Tyler street set fire to the roof Tuesday af ternoon at 4 o'clock and did trifling damage before the fire department put out the blaze. Mr. and Mrs. Lewis Gambs of 318 Lo cust street, are the parents of a son born yesterday. George "W. Stansfield has taken out number 25 for his automobile. There are still 35 automobiles in town running around without a license. E PLAGES. REBATES GIVEN. Chicago & Alton Indicted by Federal Grand Jnry in Chicago. Two Former Officials Accused Jointly With the lioad. CHARGES ARE SERIOUS Specific Violations of Law Men tioned in Indictment. Schwarzschild & Sulzberger Re ceired Kefunds on Shipments. Chicago, Dec. 13. An indictment was returned today by the federal grand jury against the Chicago & Alton Rail way company, John Fairbirn, former vice president of the company and F. A. Wann, former general freight agent of the road. Charges against the railroad com- Paw i -itT.:' V ? . vi .a?-iV-vxi . i ft ,r, -' f ? . I Charles Augustus Peabody, Who Was Today Elected President of the Mu tual Life Insurance Company. pany and the two former officials are included in one indictment in which there are ten counts against the com pany and against each of the two men. These charges are that the railroad company, with the sanction of the two officers, paid illegal rebates to the packing house firm of Schwarzschild & Sulzberger for the purpose of procur ing shipments from the concern. It is also charged that the railroad company, with the same object in view, gave free transportation to employes of the pack ing house company. The indictment, which was returned, is based on testimony given to the grand jury by B. S. Cusey, traffic man ager for Schwarzschild & Sulzberger who has appeared before the jury on two separate occasions. Cusey was one of four employes of the packing house firm who were indicted sometime ago for soliciting rebates. All of them pleaded guilty and each was fined $5, 000 by Judge Humphrey. Three specific violations of the law against the granting of rebates are mentioned In the indictment. The rail road company is charged w;ith having refunded $1 per car on 44 cars of dress ed beef shipped from Kansas City to various eastern points in December, 1903. A similar rebate is alleged to have been paid on 23 cars of dressed beef shipped from Kansas City in Jan uary, 1904. The railroad company is also charged with having refunded $3, 500 in passenger fares paid by the pack ing company between January 1, 1903, and September 1, 1904, for transporta tion of its officers and agents. Neither Mr. Fairborn nor Mr. Wann was arrested, but they were informed of the fact that a indictment had been voted against them and were notified to come into court and give bonds. United States District Attorney Morri son declared that he would ask each of them to give bonds to the amount of $5,000. The railroad company will be asked to enter an appearance through one of its general officers. MILLER TO CHANGE. Will Be on Military Affairs Instead of Public Land. Washington, Dec. 13. Congressman Miller today arranged with the speaker to be transferred from the public land committee of which he is now the rank ing member to the committee on mili tary affairs. He does this on the be lief that public lands committee is not so important generally and especially in Kansas as that on military affairs. NO DECISiOfl YET. Caldwell Jury at Salina Still Consider ing the Ca.sc. Salina, Kan., Dec. 13. The jury in the Caldwell murder case is still out, not having arrived at an agreement at a late hour this afternoon. It may be safely stated that if they fail to agree by 6 o'clock Judge Rees will dismiss them from further con sideration of the trial. Last night the jury were given beds after 10 o'clock, as they were worn out from loss of sleep. MATTOR CLIMBED A LADDER. City Executive Gave the Firemen an Exhibition of His Agility. Mayor Davis Tuesday afternoon qualified as a member of the Topeka fire department by climbing up one of the long ladders of the big aerial truck attached to Station No. 2, in a ladder drill. The mayor is light and active and made the ascension on the long ladder to the top of the city hall with the alertness of a trained member of the force, A crowd of the members of the de partment gathered about and inter estedly watched the city's chief execu tive perform. A few pedestrians who were walking by also stopped long enough to take in what was going on. PEABODY CHOSEN. President of Mutual Life to Succeed R. A. McCurdy. New Tork, Dec. 13. Charles A. Pea "body was elected president of the Mutual Life Insurance company at a meeting of the board of trustees today. Mr. Pea body's election was unanimous. Mr. Peabody is a lawyer and is the American representative of William Waldorf Astor. He is a director in sev eral banks and other corporations, among them the Illinois Central Railway company. Mr. Peabody's salary was fixed at $50, 000 a year. Mr. Peabody will take office on Jan uary 1, when he will relieve Frederick Cromwell, temporary president. The board of trustees adopted a reso lution of thanks to Mr. Cromwell for his service as temporary president. Charles A. Peabody was nominated for trustee to succeed Justice Rufus W. Peckham and Emory McClintock was nominated to succeed Elihu Root, as trustee. Both of these nominations un der the by-laws went over until the next meeting. PULLMAN OPPOSES. Asks to Have Suit for Charter Fee Sent to Federal Court. The Pullman Car company today filed in the supreme court its petition for the transfer of the suit brought against it by Attorney General C. C. Coleman for the collection of charter fees to the United States circuit court. The company sets forth that it is an Illinois corporation, and is not liable for the charter fees which tne state has de manded. The state wants the company to pay up $14,800 on its full capitaliza tion as a preliminary to doing business in the state. The charier board has re fused to grant the coIITtSany a charter until this is done. The supreme court allowed the West ern Union Telegraph company to remove a similar suit to the United States court, and so it is to be expected that the same result will follow in th Pullmrn applica tion. PERKINS RETIRES. Resignation Accepted and a Successor Elected. New York, Dec. 13. George W. Per kins tendered his resignation as vice president and chairman of the finance committee of the New York Life In surance company at a meeting of the board of trustees today and it was ac cepted. Alexander E. Orr was elected to succeed Mr. Perkins as ranking third vice president and chairman of the finance committee. Mr. Orr is a retired merchant of this city, a former president of the cham ber of commerce and vice president of the Rapid Transit commission. Mrs. Newall Will Get a Divorce. Lettie M. Newall filed suit for di vorce in the district court this morn ing alleging abandonment by her hus band, Charles F. Newall. The case will not be contested as the husband has filed papers waiving his appear ance. Funeral of Dan Hamer. Emporia, Dec. 13. It is announced here today that the funeral of the late Mr. Dan Hamer will take place at Madison, Kan., on Thursday, December 14, at 2 o'clock. i j . , r j - i rj n hub, a jwiii I in i' I Mm I mm n "'""fl ' 1 fob ihikoh. Kansas Negro Keceires a Set back to His Ambition. Booker T. Washington Oppose His Appointment. THIS MAY BLOCK IT. Senator Long Surprised at Turn of Affairs. Vernon Spends $20 in Telephone Tolls Yesterday. Washington, Dec. 13. Booker T. Washington, temporarily at least, and possibly permanently, has blocked the nomination of Prof. W. T. Vernon as register of the treasury. Senator Long called at the White House this morn ing and was informed that the selec tion of a register of the treasury would be delayed for a month or two in ordsr to straighten out the tangle. Vernon, will get a good job of some sort, but ! possibly not the one he wants. j Booker Washington came to Wash- ' ington Saturday and had an interview with the president at night. At this time he endorsed Williams, the Chi cago negro lawyer. Booker Washing ton's action in this contest has sur prised Senator Long and other mem bers of the Kansas delegation, who had been led to believe that Vernon's appointment would be thoroughly sat isfactory to the negro educator of Tuskegee. The president intends to reappoint negroes to the offices they now hold and the register of the treasury is one of the most important places now tilled by any one of that race. When the contest became hot between Wil liams on one side and Vernon on tho other, the president passed the matter over to Secretary Shaw. The secretary made a thorough investigation and j finally endorsed Vernon. When it Decame Known mai vernon i had Shaw's endorsement it w as accept ed by some of the members of the Kansas delegation that Vernon's vic tory was assured. The president, how ever, will place much dependence on Booker Washington's recommenda tion and the pronounced stand taken by the latter has put Williams in the lead. Vernon's activity in his own behalf is shown in his untiring use of the long distance telephone. He called Senator Long's office from Kansas four times yesterday and this morning at a total expense of some twenty dollars. Court of Appeals Denies Appli cation of His Counsel To Open Ballot Boxes in Mayor aiity Election Contest. Albany, N. Y., Dec. 13. The court of appeals in a decision handed down today in the New York city ballot box. cases sustains the contention of coun sel for Mayor George B. McClellan and denies that of attorneys for William Randolph Hearst and his colleagues on the Municipal Ownership league ticket. The court holds, as was ar gued by former Chief Judge Parker and his associates, that the courts have no power under the election law to order by mandamus the opening of the ballot boxes and a recount and re canvass of ballots. The case relates directly to the vote for mayor, comptroller and president of the board of aldermen cast in the second election district of the Sixth assembly district of New York county, at the election of November 7, last, but is of the utmost importance in Mr. Hearst's contest for the mayoralty of New York city and is fundamental in its effect upon the electoral system of this state under the present election law. The decision was rendered by a divided court, five to two, the majority comprising Chief Judge Cullen and Judges Gray, O'Brien, Haight and Werner, Judges Bartlett and Vann dis senting. COOPER DIVORCE SUIT. Wealthy Farmer's Romance Aired This Afternoon. Behia The' suit for divorce of John G. Cooper, the wealthy Shawnee county farmer, who on the tenth of last April married Miss Clara Stookeye in Kan sas City, is being heard in the district court this afternoon. It is the case of being an old man's darling and threat ens to end as most cases of this na ture do. The honeymoon of the Coop ers was very short, but seems to have been strenuous enough. On the 26th of the succeeding month after their marriage Mr. Cooper filed suit for di vorce alleging many reasons why he should be released from his marriage agreement with the defendant. REEDEli'S VETERAN BILL. WTould Retire Superannuated Clerks at Sixty-five on Half Pay. Washington, Dec. 13. Congressman Reeder today introduced a bill to retire superannuated department clerks, who were veterans of the war of the rebel lion and 65 years of age at one-half their yearly compensation. Building for Pittsburg. Washington, Dec. 13. Congressman Campbell today introduced a bill Pro viding for a public building at Pitts burg and appropriating $100,00 for that purpose. Selecting a Jury. Chicago, Dec. 13. The examination of veniremen in connection with the selection of the first jury in the "beef trust" cases began today in the United States district court before Judge Humphrey.