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r7 EVERYBODY 10 PAGES ESASS IT. EVERYBODY 10 PAGES ! - ! ! 1 i 1 N ; til-- I T I I 3 NEEDS IT. i LAST EDITI01I. WEDNESDAY. EVENING, TOPEKA KANSAS, MAY 23, 1806. WEDNESDAY EVENING. TWO CENTS. rf JIT 1 r LIBEL i 1 Much Time Is Devoted to Minor Details. Sir. Waggener Finds Himself Suddenly Drawn Into Case. COLEMAN ON STAND. Relates Details of the Comanche Dond Deal. Didn't Know Godard Got Money From State Treasury. Explains Why He Didn't Prose cute Jielly. C. C. Coleman, attorney general of the state of Kansas, and complaining witness in the $15,000 libel suit against Frank P. MacLennan, editor and owner of the Topeka titate Jour nal, has been the chief witness at the trial of this cape in the district court this morning. Mr. Coleman was recalled to the stand shortly after the court resumed its session at 9 o'clock, and was ex cused just before the noon adjourn ment. In addition to setting forth his own side of the case, Mr. Coleman on cross vxamination made certain admissions which were damaging to his position. Mr. Coleman denied emphatically in response to questions by his own counsel that he had received any profit, or promise of reward of any kind or character whatsoever, from his connection with the Comanche county bond scandal. No charge of this kind was made by the State Journal, how ever, in the alleged libelous article. I Mr. Coleman admitted that he knew of the charges which were being made concerning the iooting of the state treasury and the improper care cf the state funds, and said that he did not make any investigation to de termine the truth of the charges, ex cept to ask State Treasurer Kelly, who denied the truth of the charges. Three letters written by ex-governor Bailey to Ci Coleman urging him to begin proceedings against State Treasurer Kelly, were read this morn ing. Mr. Coleman said he disregarded Governor Bailey's requests because he wanted to wait until a complete re port on the condition of the treasury was made, thouirh he admitted that the statute of limitations thereby was allowed to run on criminal prosecu tions. It was also brought out in the testimony that it was Mr. Coleman who advised A. A. Godard to return to the state the $257 which he had re ceived illegally in connection with the Comanche county bond case. One of the strongest points made by the defense was that Mr. Coleman had made a very superficial investigation in to the real character and value of the Comanche county bonds, before recom mending their purchase. He admitted that he got his idea us to the value of the bonds from the statements of Mr. Kelly and Mr. Godard, and from his 'general experience" in buying bonds. He said that he had at no time prom ised Mr. Godard that the school fund commissioners should buy the Comanche county bonds. Coleman's attorneys attempted to make it appear that Mr. Coleman had been so busy trying other cases that r- had not had time to begin prosecu tions against T. T. Kelly and Frank Grimes. They cited the case which Mr. Coleman brought against B. P. Wag Kener, one of the attorneys for the de-' fense. Mr. Waggener turned the tables on this matter, however, and made Mr. Coleman admit that the suit was for the purpose of taking away a fund of J1.W0 which the legislature had voted Fhould go to the Brotherhood of Loco motive Bngineers of Atchison. There was quite a large crowd in the court room this morning, of which a large portion were state house offi cials and employes. Mr. Burrow and Mr. Dayhoff were in attendance throughout the session. State Auditor Wells was also on hand as a witness. Indications are now that the case may continue for some time, unless the progress is faster than it has been up to the present time. The important feature of the Cole-man-MacLcnnan libel suit Tuesday was the decision of Judge Dana hold ing that the story "Black and Ugly" printed in the State Journal of August 20. 1904, was what the law books call a "privileged publication." Privileged publications are those which are printed without malice, and for the purpose of benefiting the pub lic. The court held that as C. C. Cole man was a public officer the publica tion of statements calculated to en lighten the public on his official record was "privileged." Charles Blood Smith, attorney for Coleman, insisted that while the story may have been "privileged" so far as the Kansas circulation of the State Journal is concerned, that the circula tion of the paper outside of the state was sufficient to destroy this privileged character. Judge Dana showed that he had studied the point carefully, for he de livered quite a lengthy verbal opinion on the point raised by Mr. Smith. He Baid: "The real point in this motion is whether or not the publication is a privileged one. and I don't know but what it is a good thine that the point came up now for settlement, instead of later. The answer in this case ad mits that the story was published, and sets forth the facts substantially as printed. It alleges that the publication was made in good faith, and is a privileged publication." Judge Dana then spoke of the Chase county case, which had been cited by the attorneys. In this case, posters were stuck up all over a certain county making charges against a cer tain candidate for office. It was claimed that this candidate had con spired to mutilate the election records in a certain important, case. The man who posted the handbills was arrested and charged w-ith libel. It was showh that many of the statements in the handbill were untrue, but the supreme made In good faith, it was for the benefit of the public, and was priv ileged. "It seems to me," continued Judge Dana, "that this article in the State Journal involved in this case is priv ileged The fact that the State Journal circulates in other states is incidental, and does not prevent this being a privileged publication. The motion of the plaintiff will be overruled." Tuesday Afternoon's Proceedings. After Judge Dana had given his ad verse decision on the motion of the plaintiff that the jury be simply re quired to decide the amount of damages ai d had held positively that the pub lication of the article about Coleman was within the class known as "priv ileged publications," F. L. Williams opened the case with a statement on behalf of Mr. Coleman. He read the whole of the State Journal article head ed "Black and Ugly," which forms the basis for the ; Jit. "While I do not say," continued Mr. Williams, "that everything in here is untrue, I do say that anything relative to a conspiracy so far as Mr. Coleman is concerned is untrue. This publication was -not made in goo faith by the de fendant. The defendant continued to publish articles defamatory to the plain tiff for a long time, even after the elec tion, showin that the publication was malicious." "Do you concede that Mr. Coleman was a candidate for office when this publication was made?" asked Mr. Waggener. "Yes, we will concede that," replied Mr. Williams. "Will you concede," aked Mr. Wag gener, "that these bonds were purchased on the valuation fixed by the board of equalization, and not on the valuation fixed by the county officials?" "No, we won't concede anything at this stage of the proceedings," replied i Mr. Smith. j "Then, your honor," said Mr. Wag gener, 'T move for a judgment in favor of the defendant on the ground that the plnininf was a candidate for office, and that the publication was, privileged." "Overruled," said Judge Dana. Mr. Waggener then made his state ment to the jury. He reviewed the case fully, and brought out clearly the salient features. He said in part: "The p.aintiff was a candidate for the office of attorney general. The law pre vented the school fund commissioners from buying bonus in any county where the bonded debt is already 15 per cent of the assessed valuation. This law was made for the purpose of protecting the state school fund from every possibility of loss from bad investments. "The evidence will show that A. A. Godard and C. C. Coleman were close fiiends, and that Godard was something of a bond speculator. H. B. Kelly of Topeka was also a bond buyer, and Mr. Kelly offered to the state school fund commissioners an issue of $123,000 worth of 6 per cent Comanche county bonds. This offer was refused by the school fund commissioners." Mr. Waggener then told hof the as sessed valuation of Comanche county was raised by the state board of equal ization presumably to enable the school fund commissioners to Invest in the bonds without violation of the 15 per cent law. Then he explained how A. A. Godard had obtained an option on the Comanche county bonds, and re funded them at 4M; per cent; how the school fund commissioners agreed to buy the 4Vi per cent bonds, and how the $123,000 worth of bonds were placed in the hands of T. T. Kelly by Mr. Godard to secure a loan of $125,000 in state funds made by Kelly to Godard. Mr. Waggener continued: "We expect to show you that this en tire transaction was under the super vision and advice of C. C. Coleman. Mr. MacLennan was publishing the Topeka State Journal, and I doubt whether he had even a slight acquaintance with Mr. Coleman. He simply said to his readers, 'Here are the facts. Tou can judge for yourself whether he is a proper man for this important office.' And I do not think Mr. Coleman was greatly injured. At least he was re elected to the office of attorney gen eral." Mr. Williams then made a statement in rebuttal, by permission of the court. He said that the assessed valuation of Comanche county was raised to make that county the same as neighboring counties. "If Mr. Kelly extended the credit of the state treasury to Mr. Godard it was without the knowledge of Mr. Cole man," continued Mr. Williams. Mr. MacLennan the First Witness. Charles Blood Smith then called' F. P. MacLennan, editor and proprietor of the State Journal, as the first wit ness on behalf of the plaintiff, Cole man. "What was the circulation of the State Journal in August, 1904?" was the question. "Between fifteen and sixteen thou sand," replied Mr. MacLennan. "Your paper circulates outside the state?" "To a small extent." "You have an agency in New York city?" "Yes, an advertising agency." "They have the paper there, don't they?" "Yes, they keep it on file." "The same is true in Chicago, isn't It?" "Yes, we have an agency there." "You send papers to Nebraska, Mis souri, Colorado, and other states?" "Y"es, but mainly to exchanges." "Any subscribers in Indian Terri tory?" "Yes, a few." The object of this examination was evidently for the purpose of establish ing the iact that the alleged libel had been circulated outside of the state of Kansas. r George W. Martin, secretary of the State Historical society, was called. He was simply used to identify files of the State Journal for the years 1904 and 1905, taken from the Historical so ciety. Coleman on the Stand. Attorney General Coleman was sworn. He gave his residence as Clay Center, and his age as 51. He had lived at Clay Center since 18 71, and his occupation has been that of lawyer since 1SS5. He was admitted to the bar in 18 1 S. He stated the circum stances of his election to the office of attorney general, and his connection with the work of the board of school fund commissioners. Mr. Waggener then cross examined the witness. "Bv what majority were you elected in 1902 ?" "About 40,000." "And by what majority in 1904?" "I should say about 60.000." "How long have you known the de fendant?" "About five years, slightly." "You never had any personal trouble with him?" "No personal or verbal trouble." "Who told you these Comanche bonds were for sale?" "My first information was from Mr. H. B. Kelley about June 1. It was a written communication." "That is the 6 per cent bonds?" "That's correct." "What was that communication?" "Tt r-F-r, vrt $ p.r cent bonds at par and interest." "Can you produce that communica tion?" " Yes, sir." "Did you have any talk with Mr. Godard about these Comanche county bonds ?" "Yes, early in June." "That was after your talk with Mr. Kelly?" "Yes, sir." "You knew it waa charged that the bonds were fraudulently issued?" "I knew it was claimed they were." "When did you next hear of these bonds." "When they were offered by Mr. Godard to the board." "Who was present?" "Mr. Godard, Mr. Dayhoff, and my self, I think." "Did you examine the valuation of the county at that time?" "I did. I found that the state board of equalization had raised the valua tion." "When w-as that done?" "I don't know." "Did Mr. Godard make any state ment about the valuation?" "He said the board had fixed the valuation, and It was high enough." "Was there ever another instance when bonds had been purchased dur ing your administration when the val uation was fixed by the board of equalization ?" "I think not." "How many bonds were purchased during your administration?" "About a million dollars a year." "Did the board ask you for an opinion as to which valuation should be taken?" "Not officially." "Did Mr. Nation talk to you about it?" "Yes, we discussed it." "You voted to accept the propo sition?" "Yes, sir." "Did you talk about the value of the bonds ?" "Yes, in a general wav." "Did Mr. Godard tell you that he bought the bonds below par?" "No, sir." Didn't Know of the Loan. "Did you know Mr. Godard worked this transaction through the state treasury?" "I did not" "After you heard of it did you take any steps to recover the money?" "Yes; about four months ago. I called on Mr. Godard to refund the money after the Morris report." "Did you take any steps to pros ecute the state treasurer for the un lawful use of this $123,000 of the state's money?" "I did not." "Then the only inquiry you made about the value of the bonds was from Godard?" "I talked to H. B. Kelly. Mr. Kelly said that he was thinking of refunding the bonds but that owing to somebody's ai tion he would not. He said 4Vi per cent bonds for 30 years were as good as 6 per cent bonds for 16 years." "Did you agree with Mr. Godard prior to July to buy those bonds?" "I did not." "Why aid you postpone action ' on those bonds from July 21 to August 11?" "We had an informed rule not to pur chase bonds until they were ready for delivery." "Did you examine one of these bonds before you voted to buy, to see if it was in the proper form?" "I did not." Mr. Waggener showed Mr. Coleman the bond purchase record from the state superintendent's office, and asked him t' state what the records showed about the Comanche county bond deal on July 21 and 22. No record was made on this date. The record of the purchase on August 11 was introduced in evi dence. Mr. Coleman explained that the board contracted to buy the bonds on July 22, and carried out the contract on August 11. ITo record was made of the deal until August 11. "What record was made about accrued interest?" "I don't know." "This record says that the bonds were purchased at par." "What is the last entry on that page?" asked Coleman. Mr. Waggener found an interlineation showing that $636 was to be paid as in terest. "Don't you know that that interlinea tion was made after this State Journal story was Iirinted?" "I don't know." "Isn't that made in a different kind of ink?" . "I don't think so." Williams Reads Extracts. Mr. Coleman was then excused from the stand. F. L. Williams then commenced to read extracts from C. C. Coleman's scrap book of clippings from the State Journal. The purpose of this was to prove that the State Journal has been moved by malicious motives in its at tack on Mr. Coleman. Some of these were extracts from other papers, re printed in the State Journal. Others were editorial items. Mr. Waggener objected to the in troduction of these clippings, but the objection was overruled. "All right," said Mr. Waggener. "If you want to so into Mr. Coleman's of ficial record, we will meet it. We had hoped to try this case on the merits and issues Involved. But we serve notice that we will so into the Cole man record if this is brought into the case." Before court adjourned Mr. Wag gener asked that Mr. Coleman be re quired to bring into court all the let ters sent to him by Governor Bailey and Governor Hoch concerning' the in vestigation of shady transactions in the office of the state treasurer and his re plies to those letters. This Morning's Session. When court convened this morning F. L. Williams resumed the reading of edi torials in the State Journal, all of which were published subsequent to the "Black and Ugly" article of August 20. 1904. Mr. Waggener then recalled C. C. Coleman to the stand. "At the time of the purchase of these bonds from Mr. Godard," said Mr. Wag gener, "were there any Comanche coun ty bonds in the school fund?" "I found out subsequently that there were two Comanche county bonds, for $1,000 each, bought 30 years before and marked fraudulent." "Any Comanche county school dis trict bonds?" "Yes. some, in which the principal was defaulted. "You knew of this at the time when you purchased the Comanche county bonds?" "Yes, sir." "Have you ever seen Attorney General Williams' report on Comanche county?" "I saw it printed in one cf the pa pers." "Did you not know that the legisla ture had appointed a committee to in vestigate the organization of Comanche ' I think not." "Did you read the opinion of the su preme court on the matter?" "I think so." "You knew the court held that the original bonds were fraudulently is sued?" ; "Yes, sir." "Did you investigate the population of Comanche county?" "I don't remember. I did not investi gate in detail." "In your experience you have found a large number of defaulted bonds in the school fund, have you not?" "Only one instance of county bonds, but a number of school district bonds." "These editorials which have been read seem to charge . ou with failure to bring suit against state officers. Have you ever begun such suits?" "Yes, last summer after the First Na tional failure, against the treasurer and bondsmen." Knew of Unlawful Acts. "Did you know that the treasurer had issued checks on banks for state funds?" "I knew it." "You knew it was contrary to law?" "Yes." "Did you bring any action against Kelly?" "No. I told him I thought it was an unwise thing to do:" , "And you knew it was unlawful to de posit state money in the banks?" "I knew it was unwise." "You knew it waB embezzlement?" "Well, I thought it 'was a doubtful procedure." "You did not bring any legal pro ceedings?" "No." "Was the Rowett report transmitted to you?" "Governor Bailey sent me the re rjort in three sections." "Did you take any legal steps?" "I talked to Governor Bailey, but took no action in the courts." "Was the report correct?" "I found it so where I investigated." "Did it show any unlawful ac tions?" "It showed some actions during Kelly's administration which were vio lation of law. "You were satisfied that these transactions were in violation of law?" "Of course I was." . "You were supposed to enforce the laws, were you not?" "I was." "You had the evidence, did you not?" "I did not. The Rowett report showed where to get the informa tion." "Did you try to get this informa tion?" "I did. and found that certain let ters were In the possession of a New York bank. They refused to let me see them." "There was a way to get them, was there not?" "There might have been by a civil action, but I did not think it was pos sible to bring a civil action." Read Letters from Governor Bailey. At this point W. P. Hackney took the witness and had him identify cer tain letters received by . Mr. Coleman from Governor Bailey. He read these letters to the jury. Mr. Waggener' resumed "his cross examination, using the Bailey letters as a basis. Governor Bailey sent three letters to General Coleman, each letter ac companying a portion of the Rowett report. The letter of October 11, 1904, says, in rart. "Upon this showing made by the state accountant and his assistants, there is a serious and grave condition existing in the accounts of the state treasury, covering a period of nearly six years, and calls for prompt and vigorous action from those charged with the enforcement of the law. You are therefore hereby officially direct ed and required to take charge of the matters raised by the accountant's re port and to represent the state in any and all actions and in any and ail courts necessary to recover this money to the state treasury and to bring to justice those who are responsible for the shortage. Should you desire in the prosecution of this case the assistance of other counsel, if you will notify me thereof I will see that it is promptly furnished." The letter of October 29 says in part: "You will notice that two of the items from Pratt county represent the cou pons that were sent to the fiscal agency, at the same time the Garden City cou pons were sent. From the evidence at hand it is apparent that Treasurer Kel ly must have knowledge of who re ceived this money and I feel that it is due yourself, as well as the execu tive department of the state, that vig orous measures he used to bring the facts to light in order that Justice may be done." On January 6, 1905. Governor Bailey sent his last communication to General Coleman in which he said: "At the time of submitting two for mer reports, I urged upon you to begin without delay to recover to the state this money. Up to the time of writing this letter, I have no information, offi cial or otherwise, that you have taken any steps in the matter whatever. This is a matter of sincere regret to me and I believe also to the great majority of the people of Kansas, who look to those whose duty it is to enforce the law to protect the good name of our state. You are familiar with many of these items, as shown in Exhibit A, Schedule 2, and have expressed to me in personal conversation your opinion that the money could be recovered to the state. "I wish to again urge upon you, and in so far as I have authority to do so, to Instruct you to proceed without de lay to bring such action as is neces sary to recover to the state the money that is due and to bring to justice those who are responsible for the shortages." Criminal Action Barred. "Why did you delay 14 months in beginning action against Mr. Kelly?" aBked Mr. Waggener. "The difference between Governor Bailey and myself was this," said Mr. Coleman. "He wanted me to bring suit at once and I wanted to wait until the report was completed." "Have you not waited long enough for the statute of limitations to run against action?" "No, sir. I satisfied myself that the statute of limitations does not run against the state." "For embezzlement?" "Oh no. it runs so far as criminal ac tion is concerned. I was speaking of civil action." "Each conversion of funds was a sep arate criminal action, was it not?" "Yes, sir." The Rowett report was then intro duced in evidence, and J. G. Waters read from the report. After the reading of the report had continued for about 30 minutes, the attorneys for the plain tiff consented to consider the whole report read, thus allowing it to be used (Continued on Page 6.) BIG OfJES Oil RACK High Officials in Pennsylvania System Called. Appear to Answer Charges of Discrimination. PHY INTO THE SECRETS Will Try to Find Out More About Coal Carrying Deals. . Revelations of P.ast Week Point to Conspiracy. Philadelphia, Pa., May 23. High officials of the Pennsylvania railroad are among the witnesses who will be examined during the investigation this week of the interstate commerce commission into the alleged discrimi nation by the receivers in the distribu tion of coal cars. The proceedings were resumed today. The revelations last week when a number of. Pennsylvania railroad of ficials admitted accepting gifts of stock in various soft coal mining companies impelled the commission to subpoena more important officers in an effort to determine the extent of the secret business relations alleged to exist be tween the railroad and certain coal companies. The witnesses to be examined dur ing the hearings this week include Captain John P. Green, first vice presi dent of the Pennsylvania railroad; William A. Patton, assistant to Presi dent Cassatt at Philadelphia; Robert Pitcairn, assistant to President Cassatt at Pittsburg; Congressman George F. Huff, president of the Keystone Coal and Coke company; John Lloyd, presi dent of the Columbia Coal Mining company; J. Howard Patton, a coal man and a brother of William A. Pat ton; Theodore N. Ely, chief of motive power; J. K. Newhall, purchasing agent of the Pennsylvania railroad; J. K. Johnston, superintendent of the Tyrone division; Victor Wirman, su perintendent of the Amboy division; J. N. Purviance, chief clerk to William A. Patton; C. A. Wood, chief clerk to the general superintendent; David Steele, assistant trainmaster, Pittsburg division; A. E. Fitlock, Charles Gulp, H. C. Hunt and C. A. Busch. As a result of the investigation minority stockholders of the Pennsyl vania railroad are said to be consider ing plans to bring about a more thor ough probing through the state legis lature. Such an investigation would include an inquiry into all the details surrounding the contracts for steel rails, engines and other equipment made i.i the last five, or six years. The present investigation is limited by the Tillman-Gillespie resolution to the relations of the railroads to the coal and oil Industries. Patton on the Stand. The entire commission sat for to day's hearing. The first witness was W. A. Patton. President Cassatt's as sistant. He was asked what interest he had in coal companies. He enume rated the various companies in which he held stock. Concerning the Key stone Coal company shares, of which 2.500 were in his name, he said he got the stock by purchase and through the merging with the Key stone company of smaller companies in which he was interested. Five hundred of the shares, he said, be longed to his brother, J. Howard Pat ton, who is interested in coal proper ties in western Pennsylvania, Mr. Patton explained that he held stock in five companies which were con solidated with the Keystone and through that transaction secured his holdings in the Keystone company. Mr. Patton proved an unwilling witness when questioned about his holdings in the Atlantic Crushed Coke company, and repeated efforts were made by Mr. Glasgow to draw a posi tive statement as to whether he had paid any actual cash for his 4 00 shares in the company. Mr. Patton explained that he became interested in the land purchasing company through J. Howard Patton, who repre sented the Interests of Col. George F. Huff. When the land was purchased he said the investors were obligated to pay their pro rata share, but as there had been no losses it was not necessary to pay in cash. "You got that obligation back, didn't you?" "I did in stock." "Were you required to pay anything toward the purchase of the land?" "I stood to lose, and had it been necessary would have paid my share." Senator Cockrell here interrupted, saying: "It seems to me to be an easy mat ter for you to say you went into a speculative deal; that none of you paid any cash, and that the corpora tion was responsible for the purchase price. I do not see the necessity of beating about the bush." "As a matter of fact," said Chair man Knapp, "you took the risk but did not lose anything." "I was an investor," replied the witness, "and was treated the same as other investors." Concerning the Huron Coal com pany, Mr. Patton said he thought he had 500 shares, but was not certain, which he acquired in the same man ner as his holdings in the Atlantic Crushed Coke company. He was asked if he ever held stock in the Columbia Coal company. He said he had at its organization, but it became a selling company instead of an operating company and he sold his stock to a Greensburg, Pa., banking company. "What bank took it?" "The Cassatt bank." In the Greenwi.ch company Mr. Patton said he had 1,000 shares. He said he was obligated by note to the amount of $20,000 for the purchase of the land. The money was guar anteed by Mr. Huff's bank at Greens burg. Witness said he got the money back through the sale of the bonds. Concerning the Cochran Coal com pany, Mr. Patton said there were 3.000 or 4,000 acres of undeveloped coal land and "some of our people" suggested to Thomas Cochran the desirability of de veloping it. "Asked what he . meant by "some of our people," witness said bankers and brokers and others who might be in terested in the development of the land. Mr. Patton said he was obliged to the fContlnupfl on Pare S.) THREE PUT IN 0 Rebate Cases Are Combined for Convenience. Burlington Officials Charged With a Conspiracy. TAKING OF TESTIMONY. Commenced Today in the Kansas City Federal Court. Question of Paying Kebates on New York Shipments. Kansas City, Mo., May 2 3. The tak ing of testimony in the first of the rebate cases to come to trial here was begun today in the United States dis trict court. George H. Crosby, former traffic manager of the Burlington railway, is charged with having conspired with George L. Thomas, freight broker of New York city, and L. B. Taggart. his chief clerk, to pay rebates to shippers or receivers of freight in Kansas City on shipments from New York, New Jersey and other eastern points in 1904 and 1905. Thomas and Taggart are charged with having conspired to vio late the interstate commerce laws of 1887, by procuring rebates from rail roads on shipments from New York and other eastern points to Kansas City. The cases against these three men have been combined for convenience. AUTOMOBILE SCANDAL. Claims Aggregating $157,000 for Use in Frisco Are Filed. San Francisco, May 23. The extor tionate charges for automobile hire during the first two weeks following the fire is likely to develop into a scan dal of huge proportions before the fin ance committee finishes with auditing the accounts. In the tabulated state ment filed with the committee of 40 on Saturday there appears a charge of $157,593.80 for automobile service. It is a well known fact that there are not more than 1,000 machines in San Fran cisco and that all of them could be bought outright for a sum not much in excess of the amount charged for the hire of probably half of that num ber. Only 129 claims were presented to cover this sum. The average rental a day was $35 but in many instances the charge was even higher. What the committse will do with this item is still undetermined. In the same table is a statement of charges for milk, butter, eggs, bread, vegetables, drugs, hay, grain and clothing. The total cost for these necessaries does not equal the cost of the hire of automobiles. Some of the garages have relieved the com mittee from embarrassment by gener ously donating the amount of the de mand to the relief funds. LOSS OF A MILLION. Fire Does Great Damage banks, Alaska. to Fair- Seattle. Wash., May 2 3. A special to the Post -Intelligencer states that the entire business section of the town of Fairbanks, Alaska, was destroyed by fire which started in the Fairbank building, a three-story frame struc ture,., at 4 o'clock yesterday afternoon. Details of the disaster are very meager, but it is feared that the food supply of the town has been destroyed and great suffering may result. Nothing was left standing in the section lying between the water front and Third avenue and Stacey and Turner streets. The work of the fire fighters was centered on the block of warehouses owned by the Northern Commercial company in order to pro tect the food supply of the town, and the result is still in doubt. The loss is estimated at a million dollars, and it is announced that the heavier business interests of the town are already planning to rebuild. No lives were lost. JUST A TRACE OF RAIX. Then the Mercury Marched Right Up to the 80 Mark. There was just a trace of rain this morning but not enough to hinder for a moment the upward flight of the mercury which stood at 65 at 7 o'clock and has steadily climbed towards the top of the tube every moment since that time. The sun has been shining brightly most of the day, and the in tensity of the heat is magnified by the humidity which has caused many a gasping pedestrian to remark, "This is surely the hottest day so far this year," but at that it is not as warm as sev eral others have been by a number of degrees. The same forecast which has been issued daily for more than a week, "showers tonight and" tomorrow," is again given out by . the weather de partment. When taken to task about the inaccuracies of his predictions for the week. Weather Observer Jennings said "Those predictions are made for the state of Kansas and not for any particular locality and have been veri fied in nearly every instance that they have been made during the past week or ten days. For there has not been a day during this time that the state has not been visited by showers, and in several instances they have been so general that they almost constituted a general storm. For instance yesterday, rain was reported from 12 out of the 14 stations in Kansas, ranging from a trace at one station to a precipitation of one and sixteenth hundredths of an inch at Wichita, which makes a mighty heavy rain storm. A rising temperature may be expected ail over Kansas to morrow with local showers and thun der storms." The temperatures for today have been. o'clock.. 65 o'clock 68 o'clock 70 o'clock 72 11 o'clock 73 12 o'clock 74 1 o'clock 77 2 o'clock 80 Girl of Four Tears Killed. Pittsburg, Pa., May 23. Katharine Clutter, aged 4 years, was shot and killed at Homestead today by her 6-year-old brother, who used an old re volver which they found and which was not known to be loaded. Will Not Hare Himself Ap pointed Senator. Wants Delegations for Candi dates to Stay at Home. IN PECULIAR POSITION Successor Will Be Elected Next Winter. Doesn't Desire to Favor Any Aspirant. Gossip and bets that Governor E. W. Hoch would have himself appointed oa United States senator for Kansas to succeed Joseph Ralph Burton, by re signing the office of governor in favor of Lieutenant Governor Hanna, if the vacancy occurs as it probably will, were settled this morning when the governor said in response to a question on the matter: -"No, I cannot take the posi tion under any consideration. It is im possible." He could not be pressed into giving his reasons. Neither would he say what man would be given the prize from the host of candidates who have pi-esented themselves to the people of Kansas and have been urging their respective causes fur months, or ever since it was seen that Burton could not under any circumstances stand tor re-election. "I do wish to reiterate my previous position however," said the governor, "and that is that I do not care to lis ten to delegations of workers from dif ferent candidates, coming in here all over the state. I do not want that done." There has been much gossip over the state and in the newspapers that the governor might have himself appoint ed United States senator from Kansas. Much talk has gone on concerning the probability. This is the first time that the governor has ever come out with a statement that he will not take it. "The senatorial place is a great thing for a man," he said. "To my mind it is greater than the presidency, or more desirable in a great many ways." Wants to Be Governor. But more he would not say of the matter. A close friend of the governor says that Koch wishes to be governor of Kansas two more years. Should he have himself appointed, he would have to resign and naturally perfect a deal whereby he would get the place. It is said that the governor is de sirous of getting on the lecture plat form. He has a marked ability for the public platform and would doubt lessly be a great success and in con stant demand. . It is a genera! opinion about the state house, but one that is not' ex pressed for publication, that the senate will declare Burton's place vacant and that the governor will have to appoint a successor. The matter is not to Hoch's liking, it is said, because the term expires next March, and the leg islature will have to elect a man for the next six years. The governor's, friends say that he does not wish to take part in the matter at this time, for fear that it might be construed as interference in what will happen next January when the legislature meets. The governor would say nothing on this point, except that he will take no part in the election of the next senator. "There shall be no interference from this office on that score." he said. "The legislature will look after the matter. I have always followed that plan and shall do so in this instance." The governor was busy at his desk looking over the accumulated mail of yesterday and this morning. He spent Tuesday at his home. He is still suf fering from the slight attack of pneu monia which he had last fall, and is unable to free himself from a succes sion of bad colds which he has con tracted. Attacks Vm. Alien White. To the question as to any new phase of the "Katy" lawsuit matter, for which he was attacked by William Allen White, the governor took occa sion to give the Emporia editor a "skinning." "White can write some of the most nonsensical, silly, idiotic stuff ever put on paper." he said. "If White were to confine himself to sentimental writings he would be all right, but when it comes to business and prac tical everyday affairs he does make some of the most ridiculous statements ever put into print. The whole mat ter is laughable, it is idiotic." VIC MURDOCH WINS. His Alcohol Bill Reported Favorably in the Senate. Washington, May 23. The denatured alcohol bill was ordered reported fa vorably today by the senate committee on finance. There were numerous amendments made to the bill, largely intended to prevent a reduction of the internal rev enues by reason of the act. Provision was made that it shall go into effect January 1. 1907, instead of within thre months after the passage of the mea- ure. No limitation was passed upon the size or capacity of the still at which the denatured alcohol is to be manu factured. MAY BE A 'LYNCHING. Three Wichita Negroes in Danger for Beating Up a Citizen. Wichita. Kan., May 23. To avoid a possible lynching three negroes, "Bud" Gibbs, Leonard King and Peter Dunn, were hastily removed from the police station this afternoon and placed un der a strong guard in the county jail. The negroes were arrested at noon on the charge of probably mortally beat ing and robbing William Sutton, a prominent grocer of $343 Saturday night. King confessed to Chief of Police Cub bon. implicating one negro not yet ar rested. Threats of violence are heard all over the city and trouble is feared tonight. Weather Indications. Chicago, May 23. Forecast for Kan sas: Showers tonight and Thursdagrj rising temperature.