The Topeka state journal. [volume], November 10, 1906, Last Edition, Image 11

About The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980

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EVERYBODY
20 -PAGES
NEEDS IT.
S i : I'll I 'X
DITIOH.
SATURDAY EVENING.
TOPEKA KANSAS. NOVEMBER 10; 1906.
SATURDAY EVENING.
FIVE CENTS.
EVERYBODY ?
1 Pages
LOSING.
tiUUii
CIHclal lleturni lleduce His
I'lurulity for Governor.
Kepnblicans Now Admit It Is
Under Three Thousand.
BIG GAIN IN ELLIS.
Nearly Three Hundred More
Harris Votes There.
Hoeh Plurality in Atchison Is
Cut Down.
I!u mors
of Crooked Work
in
Crawford County.
Up to noon taday, forty-three coun
ties had gent their official reports on
the Tuesday election t,o Topeka, and
on these counties the Hoch plurality
had been cut from 3,591 to 2,729, a
loss of 862. If the loss continues in
the same ratio in the remaining ,S2
counties, Hoch's plurality will be re
duced to 1,000. The chances are, how
ever, that the Republicans have al-
Cyrus Leland of Doniphan County, Who
ready heard the worst, and that the
final plurality for Hoch will be about
2,000.
Harris gained most heavily in Ellis,
which increased its plurality from 650
to 911. Hoch's bigg-est gain was in
Stafford, which increased his plurality
from 50 to 156.
Ex-Governor V. J. Bailey of Bailey
vine was in Topeka today. He said:
"I came down just to see how it all
happened. I expected that the election
would be close, but I confess that I
didn't expect""it to be quite as close as
all this. I thought that the tide had
turned during the two weeks previous
to election, and that the fight of the
Kansas City Star was reacting upon
Harris. Hut I guess that was because
I was traveling around in the counties
which went strongly for Hoch in the
election."
Leland for Speaker.
Cyrus Leiand of Doniphan county,
will be a candidate for speaker of the
Kansas house of representatives. This
may be stated authoritatively although
Mr. Leland, who came to Topeka today
refused to make a formal announce
ment of his intentions.
There is no doubt that Mr. Leland
will be in a position to command much
strength in his ambition to become
speaker of the house. He has estab
lished himself in good standing with
the "regular" Republican organization.
by carrying Doniphan county by 950
votes for Hoch, and he is not out of
harmony with the square deal element.
Leland has not committed himself on j
the senatorial propesition, which will
be another point in his favor. j
There is some talk of Y. Y. Morgan, !
as a candidate for the speakership, and
W. B. Ham of Rooks is also mentioned.
Chalk Deesou of Ford county is likely
to get into the race, and the railroad
interests are very friendly to J. W.
Creech of Dickinson.
Returns From .Marion County.
Complete official retuines from Marion
county show that all the Republican
ticket except governor went through by
gcod big majorities, though not as large
ps four yeais ago. It looks as though
the people of Marion county were slm
i,ly camping on the trail of their citi
zen. Governor Hoch. Governor Hoch
lost one ward in Marion and carried two.
His total majority in the city of Marion
,'.as only about 50.
The following is the Marion county
Vote on the various offices:
Governor, Hoch, 1,573; Harris, 1,729.
Lieutenant governor,
Farrcliy 1.459.
Secretary, Dcriton,
Fitzgerald 1.769.
1.S16; Ahlborn,
1,401.
Auditor, Nation, 1.S08; Bow-en, 1.
403. Attornev, Jackson. 1,804; Overmyer,
1.424.
Treasurer, Tuily. 1,813; Gorman, 1,
407. Superintendent education, Fairchild,
l,$,lo: Carney. 1,370.
' Superintendent insurance, Barnes,
1,834; Morphy. 1.376.
Printer, McNeal, 1,842; Feder, 1,
S73. . .
Railroad commissioner. Ryan. 1.
76; Cooper, 1 447: Ryker. 1.752: Mc
Millan, 1.419; Kanavel, 1,756; Hum
phrey, 1.4 4
Congressman, Miller 1,693; Moore.
1,541. "
Vepreentative, Davison, 1,791; F.id
310,' 1,516.
ferrous Charges front C rawford Co.
The Democrats are making the
,hree that Yale township in Craw
ford' county cast 190 more votes in the
pie'-U-on than the poll books account
iAjp" This discrepancy, it is claimed,
was discovered in the course of the of
ficial count on Friday.
Chairman Crummer of the Republi
can'state committee said today: "I call
ed up Dr. Moore down there in Craw
ford county, and asked him about this
report He savs it is absolutely false
in every particular, and that there is
no discrepancy in Yale township. He
says that Yale township cast 700 votes
two vears ago."
Crawford county is claimed by the
Republicans for Hoch by over 1,000
plurality. A dispatch from Girard
says:
"Yale precinct reported a total of
400 cast and a plurality for Hoeh of
174. There were only 210 names on
the polling list, showing that 190 more
names had been counted than there
were votes cast. The Democrats al
lege fraud and unless the precinct is
thrown out will Institute contests.
With Yale precinct eliminated Clig
gett. Democrat and law enforcement
candidate for district judge, will de
feat Fuller, candidate for re-election,
who had the support of the liquor in
terests iif the county. A Democrat
would also be elected to the legislature
if this precinct is thrown out.
"There is much excitement through
out the county by reason of the dis
covery in Yale precinct. Somebody
apparently has made a bungling job of
the effort to juggle with the returns.
There were twenty-five blank ballots
returned in addition to the 190 excess
over the total number of names on the
polling book.
"Crawford county was the scene of
one of the bitterest fights ever waged
in Kansas for county officers. There
are SCO saloons and joints in the
county and every effort to have the
prohibition law enforced has failed in
the district court. This caused the bet-
Will Be n Candidate for'. Speaker.
ter element of citizens to come to the
support of Cliggett. who made a fight
for law enforcement. Party lines
were eliminated in the fight between
Cliggett and Fuller. The Republican
county machine, the most daring and
perfect in the state, led the fight for
Fuller. It depended on the joint vote,
the negro vote and the vote of the for
eign miners to succeed.
"Out of the 11.000 votes in the county
5.000 are east by the miners. There are
more than 1.000 negro miners and Yale
precinct is their chief voting place.
"In the steps taken to correct the evi
dent mistake made in the returns the
Democrats contend the law has been
twice violated. The commissioners sub
poenaed the township trustees and ask
ed for the original ballots. The Demo
crats protested that the commissioners
had no right to examine the ballots and
they could not be opened until a con
test had been instituted. The local Re
publican county machine was in des
perate straits, as it was apparent that
a close contest was on between Fuller,
the machine favorite candidate, and
Cliggett. Chairman Gaitskill of the
Democratic committee, together with
other Democrats, has been watching the
count all day. It has not been deter
mined whether contests will be institu
ted. That will depend on whether
Yale precinct is thrown out. If it Is
not eliminated from the count Cliggett
will contest Fuller's election. There
were numerous attempts at fraudulent
voting in this county Tuesday and the
revelations made in the Yale precinct re
turns have increased the suspicion that
gross irregularities exist.
"Crawford was one of the counties
which was counted upon to roll up a
big plurality for Hoch. The day be
fore election odds of 2 to 1 were of
fered in Pittsburg that Hoch's plural
ity In the state would exceed 10.000.
and thousands of dollars were wager
ed at these odds. Odds of 3 to 1 were
offered that Hoch would carry the
state."
Chairman Ryan of the Democratic
state committee said today: "The re
sult is. I believe, in doubt. We won't
give up until the official count is re
ceived, complete."
Queer Mix in Atchison.
There is a peculiar situation over in
Atchison county. The official count on
Friday showed that Ingalls and Wilcox
are a tie for the office of representa
tive. This morning- the county clerk
received one railroad man's vote by
mail, from some other county, and this
vote can not be opened and examined
until the county commissioners come
in from the country. It is likely that
this vote will decide the fight between
Inga'.ls and Wilcox, but the vote will
probably not be examined until Mon
day. Yesterday it was announced that In
gaiis had won by four votes, but it was
found that in Farmington precinct the
straight votes had been counted twice,
and when this correction was made, it
left Ingalis and Wilcox a tie with 1.327
votes each.
Following are the returns received
up to date, less than half being- of
ficial: Counties.
Allen
Anderson
Atchison ...
Barber
Barton
Bourbon ....
Brcwn
Butler
Chase
Chautauqua
Cherokee ...
Cheyenne ..
Clark
Hoch,
. 1S4
'. -6S8
4
'. 174
. 3D6
. 110
'. 513
2S0
S3
6
Harrl3.
274
11
(Continued on Page 16.)
FACING IflOUIRY.
Harrinian Lines Merger to He
Subject of Federal Investigation.
Ousting of Fish of Illinois Cen
tral Brings It About.
BIG COMBINE IFEARED.
Some Features of Case Resemble
Northern Securities Affair.
Fish
May Get Revenge on
Witness Stand.
the
Chicago, Nov. 10. A special from
John Gallon O'Laughlin at Washing
ton to the Tribune says:
Stuyvesant Fish's removal from the
presidency of the Illinois Central rail
road is to be avenged by the govern
ment in a way he could hardly have
anticipated. As a result of the action
of E. H. Harriman in extending his
control over this line the interstate
commerce commission took up for
consideration the question -of investi
gating all the Harriman railroad en
terprises. It has been decided to in
stitute an investigation early in the
new year.
This investigation will be of as
much importance, in all probability; as
was that which the commission made
into the combination of the Northern
Pacific and the Great Northern, which,
as the Northern Securities company,
was dissolved by order of the supreme
court under the anti-trust law.
Harriman's Big Interests.
In one way the action of Harriman
resembles that of J. Pierpont Morgan
and James J. Hill In allying the North
ern Pacific with the Great Northern.
He controls the Fnion Pacific, the
Southern Pacific, and the Oregon
Short Line, which should be compet
ing roads, in the judgment of the
members of the commission, and now
he has the Illinois Central and the
Baltimore and Ohio, which makes him
a big factor in determining trans
continental rates.
The Investigation of the Harriman
interests will be taken under the
amendment to the interstate com
merce act. which passed congress in
1891. This amendment provides:
"That the commission hereby created
shall have authority to inquire into the
management of the business of all
common carriers subject to provisions
of this act, and shall keep itself in
formed as to the manner and- method
in which the same is conducted, and
shall have the right to obtain from
such common carriers full and com
plete information necessary to enable
the commission to perform its duties
and carry -out" the object for which it
was created."
Like Northern Securities Case.
Following its investigation of the
combination of the Great Northern
and the Northern Pacific, the commis
sion transmitted- testimony to the de
partment of justice, which used it to
bring about the dissolution of ifire
Northern Securities company. A sim
ilar course will be followed upon the
completion of the impending- investi
gation. So far as the commission has con
sidered the matter, it has determined
to inquire particularly into the rela
tions of the Oregon Short Line, the
Union Pacific, and Southern Pacific.
The Illinois Central and the Baltimore
& Ohio will come in only incidentally
in order to establish the full extent of
Harriman's operations. Unquestion
ably. Mr. Fish will be called upon to
state what lie knows and it is expected
he will furnish information which will
be of the greatest value to the com
mission in determining whether there
has been any violation of the law.
DlSfing for the Facts.
The reason the commission will not
begin the formal investigation before
January is that it is necessary for it to
obtain a basis of facts which will en
able it adequately to cross question
Harriman and other men associated
with him. It has been the experience
of the commission in the investigations
that, unless it has prepared itself with
pertinent questions, the witnesses
would' refrain from giving testimony
establishing the culpability of their
interests. Therefore it has been usual
to employ a special aent whose duty
it was to inform himself as far as pos
sible about the subject and make a re
port to the commission. - - - -
It is intended to pursue the . sam
policy in the investigation of Mr. Har
riman and his roads. When the "little
wizard of Wall street" goes on the
stand he will find himself subjected to
a cross fire of questions which is ex
pected to result in valuable informa
tion. As the state of Illinois. is financially
concerned in the Illinois Central, the
investigation must be of first Interest
to it. The Dubuque and Sioux City sec
tion of the system was constructed
upon a valuable land grant, and this
could be used as an excuse for a fed
eral investigation if the commission
considered it necessary. But no ex
cuse is being sought for. The commis
sion believes that under the interstate
commerce acts it has ample power to
proceed. Already it has made one re
port adverse to Harriman, arising out
I of the gross frauds alleged to have
been perpetrated Dy tne union facinc
in connection with its enormously val
uable agricultural and mineral lands.
This report was referred by the presi
dent, to whom it was submitted, to the
attorney general. and the latter is
about to institute proceedings for the
cancellation of many of the patents.
No War on Harrinian.
The commission is not making war
upon Mr. Harriman from any hostile
motive, but is actuated only by a de
sire t-o do its duty as defined by the in
terstate commerce laws. The public
agitation w-hich has resulted from the
throwing out of Mr. Fish emphasized
the necessity of inquiring into the ac
tivity Mr. Harriman is displaying in
obtaining control of railroad systems.
Complaints have been received by the
commission that rates on freight are
higher from the Missouri river to Den
ver than from Chicago and eastern
points to Denver, and that rates are
higher from San Francisco to Denver
than from San Francisco to the Mis
souri river.
It is claimed by the railroads that tha
water competition is responsible for
these discriminations, but this obvious
ly has slight foundation, for no real
water competition between east . and
west can exist until the Panama canal
is built. The Southern Pacific and the
Union Pacific always have been in thi
forefront of the opponents of the canal.
Manifestly it is against their interests
to permit the control of the north and
south roads to pass into the hands cf
capitalists who would use them in as
sisting in canal competition. By ac
quiring the Illinois Central, Harriman,
it is said, has taken the first step to
ward preventing such competition and
with the control of this line and the
Baltimore & Ohio his system will be
in position to compete with the canal
on better terms.
It is significant of the attitude of the
government toward corporate evils that
the determination of- .the interstate
commerce commission, . to investigate
the Harriman mergers eomeg at about
the same time as the order of the pres
ident for the attorney general to pros
ecute the Standard Oil company under
the antt trust law, and the appointment
of Commissioner of Corporations Gar
field as secretary of the interior to con
tinue the fight against the public land
grafters. .
The Harriman road cannot be pun
ished under the interstate commerce
law but they can be prosecuted under
the ar.ti trust law, just as was the
Northern Securities company.
SCHENCK UNDECIDED.
Hasn't
Made l"p His Mind
Assistants. .
About
County Attorney-fdef t John Schenck
savs that he lias not decided on the ap-
i pointments in the office deputy coun-
ty attorney, assistant county attorney
j and stenographer and will take his
j own time to making , tht-se appoint
. menta. t
"I haven't decided on any of them,"
he said this morning. "5 didn't have
,' to promise any of these positions be
! fore the election, and it is going to be
: a hard matter for me to decide. There
j are about 150 men I would like to
have in mv office, but I can t have all
of them. There is no shortage of .ma
terial, and there will be no trouble in
filling the positions in plenty of time.
"1 was not surprised at my election,
on account of the personal feeling so
openly shown against the other eandi-.
date, but I was somewhat surprised at
the way the county went cn -governor.
This has always been a strong Re
publican county, and a Democrat stood
little show unless there was a flaw of
some kind in the opposition
Although my election did not come 1
as a surprise, i urn ciamu uci m.
visible proof that I have so many
friends in the Republican ranks. I
know several of them voted for me,
because thev told me so, and the vote
shows that all of them did not take the
trouble to tell me.'" -
WILKERSOH IS SILENT.
Won't Tell
Who His
Will Be.
Deputies
John Wilkerson. the winning can
didate for sheriff, k'jL f&day. that .he
tVns very well satisfied wii-his ma
lorltv. considering the lact tnat tne
Republican ticket was so oauiy
he said, "and I will not give out any
list until I am satisfied that I will not
have to change it."
The appointments 6-ithln Mr. Wilk
erson's power are, under sheriff, first
deputy, office deputy anct two county
jailers. According to- the Republican
custom, the first deputy Snrl one of the
In - regard to- the appointments in 1 Puuc oenelit railway company
tbe-sh1 oftee hejsed to giva U nof
luckj-nnetf, "There is plenty of time, ...,, ,.f ,har--ivrrtttwho n.ht V
jailers will be colored -men, and it is quire title to any part of It so as to de
generally understood that Wilkerson prive the company of it whenever it
will not break this " '. rule, although : needs or dssires to use it. Private in-
threats have been maae against me
negroes in general Decause tney
scratched the Republican ticket. Wil
kerson has made no iuch threats, and
seems to hold no grudge.
The local political- ,- guessers are
guessing that C. W. Thompson. the
North Topeka grocer, will be appoint
ed under sheriff.
"THE MAPLES" IS SOLD.
II. Bates Disposes of Country Home
to (ieorgc Dickhute.
A. H. Bates has sold "The Maples."
four miles west of Topeka on the West
Sixth avenue road, to George A. Dick
hute of Adams county. Ill, The con
sideration was $13,000, The place in
cludes 120 acres.
George Dickhute is a young married
man. and is a brother-in-law of F. W.
Norris. the. well known horseman. Mr.
Dickhute is wealthy and it is under
stood that he intends to build a fine
large residence on the property, and
that he also intends to fix up the entire
place In excellent shape.
Mr. Bates has owned "The Maples"
for three years. Of the 120 acres he
had 7 5 acres planted to alfalfa and
during the year last past raised over
300 tons of hay from the alfalfa field.
"The Maples" is what was formerly
known as the old Tom Haskell place
and is adjacent to "Cedarcrest," the
country home of F. P. MacLennan.
TO ADDRESS THE CONVICTS.
Maude. Ballington BootU W ill Talk to
Leavenworth Prisoners.
Leavenworth. Kan., Nov. 10. Mrs.
Maud Ballington Booth, of the Ameri
can Volunteers will arrive in Leaven
worth Saturday morning and will be
the guest of Warden and Mrs. JIc
Claughry at the federal prison until
Sunday afternoon when she will re
turn to Chicago. She comes here for
the purpose of making a talk to the
members of the Prison Volunteer
League.
No visitors from the city will be
allowed to attend the meeting. It is
expected that a large number of pris
oners will be induced to enter the
league. She will also, attempt to en
list volunteers at the state prison.
Death of Henry Jordan Lantry.
Kansas City. Nov. 10. -Henry Jor
dan Lantry. the 14-year-old son of
Mrs. M. J. Lantry of SIS West Armour
boulevard, died Friday at his home of
pneumonia. The boy's father was the
iate H. E. Lantry. who was. before his
death, a well known railway con
tractor of Strong- City. Kan. The body
will be sent today to Strong City for
burial.
Pore Ths-nat and Cold in Chest relieved
over ciht by Omega oiL Trial bottle 10o.
T. WIDS.
Gets Title to Thousands of Acres
of Land.
Blow to the Settlers Along the
Line.
WILL BK APPEALED.
Case to Go to United
Supreme Court.
States
Opinion Is Written by Justice
R. A. Burch.
Thousands of acres of the most val
uable farm land in Kansas, together
with a large amount of land located
in towns and cities of the state is giv
en to the Missouri, Kansas & Texas
railway by a decision of the Kansas
supreme court today in the case of
that railway company against Wat
son. The case is of such vast importance
that ft wiir doubtless be appealed to
the supreme court of the United States.
In July, 1866, congress granted to the
Union Pacific Railroad company, j
Southern branch, now the M. K. & T. i
Ry. Co., a right of way two hundred '
feet wide from Kort Riley to the south
line of the state. Afterward patents
were issued to private persons for land 1
through which the railroad runs with-,
out excepting the right of way. These j
persons have treated the right of way
as being only one hundred feet wide :
and in some cases valuable improve
ments have been erected on the outer
fifty feet on each side, which have been
occupied ajad used without disturb
ance for many years. The railroad
company brought suit to oust these oc
cupants and the court decides in its fa
vor. The opinion was written by Mr.
Justice Burch. who says the supreme
court of the United States is the final
arbiter In cases of this character be
cause a" a,0'01 congress must be con-
strued, and hence that the decisions of
that tribunal upon the questions in
volved are controlling. Following those
decisions it is held that the grant to the the Foote & Shear Hardware company
railway company took effect imme- ; and the J. Scott Inglis Carpet and Fur
diately upon the passage of the act of niture company, and the la rge two story
1866, and that all persons subsequent- building of J. D. Williams Brothers cora
ls' acquiring land through which the I pany, dealers in confectionery ,toys and
railroad ran did so subject to and with I house furnishings, causing a loss on
notice of the railway company's rights. ! building-s and stock of about $450,000.
After the land had been granted to the ! The Connel building, an eight story of
railway company for railway purposes i fie structure adjoining, was damaged
hv exnrpss net of f-nno-rooa tho nfTii:. i e ! to the extent of $50,000 on the upper
of the land deDartment could no more
issue a patent which would vest title
as against the grantee in the act of
congress than 'an individual could
make conveyance which, would vest
title to land he had already .deeded
away."
the right or way was granted to
e railway company for the general
gh
way should be to accomplish those
purposes, not merely when the land
was unsettled Indian icountry but
when in "the future the road should be
burdened with , the commerce of rich
and populous .states, was conclusive,
and private individuals' cannot en-
croacn upon tne ngnt 01 way and ac-
, aiviauais; cannot tnua defeat the pur-
poses of an act f congress.
. Such being the derisions of the su
preme court of the United States the
state supreme cfuxt -coiild do nothing
i out acciue .m xavor .- ojr ; the railroad
company.
The land affected by the decision
lies in Geary, Morris, Lyon, Coffey,
Woodson, Allen, Neosho; and Labette
counties.
DEATH OF JOCKEY SEWELL.
Received Injuries at the Aqueduct
Track Which Proved Fatal.
New York, Nov. 10. L. Sewell. one
of the most successful jockeys of the
American turf, died last night as the
result of injuries received at the Aque
duct track yesterday.
Sewell had the mount on Lichtmes
and fell with his horse as the result
of crowding at the half mile post.
Sewell was a finished horseman and
rode many notable winners. He rode
Ram's Horn in the $25,000 Brighton
handicap last July. Sewell, before
riding in the fatal race yesterday, had
announced that it was to be his last
ride for the season.
GAS FOR EMPORIA.
Expect a Pipe Hue Front FJmdale via
Cottonwood Falls.
Emporia, Kan., Nov. 10. Says the
Gazette:
G. W. Shaw, who has a lease on
some gas land near Elmdale, was in
Emporia yesterday. He talked with
Louis Bang, president of the Business
Men's association. Will Wayman and
O. M. Wilhite. of the gas committee, in
regard to the possibility of Emporia
being in the market for the Elmdale
natural gas. Mr. Shaw saj-3 that there
is an inexhaustible- supply of gas in
the Elmdale fields, and the Elmdale
people would like to pipe gas to Em
ooria. Mr. Shaw told Mr. Bang that he
would, within the next thirty days,
make a proposition to Emporia.
The prospective pipe line which
would connect Emporia with Elmdale,
would also connect Cottonwood Falls
and Strong Cltv. Elmdale is only 30
miles west of Emporia, ana it tne
Elmdale people have an inexhaustible
supply of gas, as Mr. Shaw claims, the
probability of Emporia having natural
gas should be assured.
Wreck on B. & O. Southwestern.
Blanchester, O., Nov. 10. A wreck on
the Baltimore & Ohio Southwestern road
early today resulted in the death of one
man and the injury of nearly a score
other persons. Fifteen of the injured
were taken to Cincinnati and th physi
cians fear that several may die.
Weather Indications.
Chicago, Nov. 10. Forecast
Kansas: Partly cloudy tonight
Sunday.
for
and
CAVSE OF EARLY ISSUE.
A Rreat many of the State Journal
carriers are Washburn college stud
ents and to allow them to attend the
big Washburn-K. U. football game this
afternoon the paper is issued at noon
today. This accounts for the early de
livery. v
THEY ARE FIRED.
Negro Soldiers Who Created Disturb
ance at BrownsvUlc Discharged.
Washington, Nov. 10. The formal
order dismissing without honor the
negro soldiers who- were members of
Companies C. and TJ, Twenty-fifth
infantry. on August 13. has been is
sued. It is special order N. 266, and
the first paragraph reads as follows:
"By direction of the president the
following named enlisted men, who on
August 13, 1906, were members of
Companies B. C and D. Twenty-fifth
Infantry, certain members of which or
ganizations participated in the riotous
disturbance which occurred in Browns
ville, Texas, -on the night of August 13,
1906, will be discharged without honor
from the army by their respective com
manding officers and forever debarred
from re-enlisting in the army or navy
of the United States as well as from
employment in any civil capacity un
der the government."
Then follow the names of forty-four
men of Company B; fifty-three of Com
pany C; fifty-two of Company D; one
of Company A; one of Company G;
one from the unassigned list; three
from Troop C, Ninth cavalry, and one
from Troop H. Tenth cavalry. These
iast eight were transferred to their
; present organizations after the riot at
Brownsville. The order concludes
thus:
i "The discharge certificate in each
case will show that the discharge with-
out honor is in consequence of para
; graph 1, special orders. No. 266. These
: soldiers are entitled to travel pay."
The order is signed by Arthur Mur
! ray, chief of artillery, and acting chief
of staff.
SEVEN FIREMEN HURT.
Loss of $450,000 by Fire In Scranton,
Pennsylvania.
Scranton, Pa., Nov. 10. Fire of un
known origin which started shortly after
midnight today destroyed the Carter and
Kennedy six story building, occupied by
i floors into which the fire swept through
the windows and skylight. Only its fire
proof construction and thick walla sepa
rating it from the Carter and Kennedy
building saved this structure from de
stiuctlon and the city from a conflagra
tion. An 80 per cent insurance was carried
by the sufferers.
Seven firemen were injured, one of
them, Joseph Jay, seriouly by flying
bricks and falling Walls.
MR. BIRD MAKES REPLY.
Gives His Ideas About Government of
City by Commission.
To the Editor of the State Journal:
Permit me through your valuable
paper to reply to the questions pro
pounded to me by Mr. B. B. Thomas
in your issue of the Sth inst. on "Gov
erning Cities by a Commission." I
will quote his questions and answer
them in the order asked.
"1 Under the commission plan,
how- are new ordinances created and
existing ones repealed?"
Answer By the commission, exact
ly the same as is now done by the
mayor and council, except ordinances
granting franchises. These should be
first approved by the commission and
then submitted to the voters for rati
fication or rejection. The corporation
or persons asking for the franchise
should pay all expenses of the elec
tion. '
"2 One of the principal objects of
a commission, I understand, is to cen
tralize authority and responsibility. If
that be true, should not'the city clerk
and the city attorney be appointed by
the commission instead of being
elected by the people?"
Answer Yes. All other officers should
be appointed by the - commission and
should be removed by the commission
at any time for cause, and all employes
of a department should be appointed by
the head of the department by and with
the consent of the commission, and the
head of the department held reponsi
ble for the conduct of his appointees.
"3 For cities of leas than 75,000 pop
ulation would not a commission of three
be quite as effective as one of five?"
Answer Yes, three first class capable
men at good salaries would be better
than five at smaller salaries.
"4 If government by a commission
is good for cities of the first class, why
should it not also be good for cities of
the second and third class, if they want
to try it?"
Answer Yes, Iwould extend the sys
tem to all cities and make our munic
ipal affairs similar in all cities.
"5 To get best results should not
the commissioners be required to give
their undivided time and attention to
the city's business and be 'on deck'
all the time as are managers of all
successful business corporations?"
Answer Yes. by all means few men
can safely manage more than one line
of" business at a time.
Fo vnn honestlv thinlr tVint- 11
200 a year will hire a really first class i le?ed contracts and combinations en
eommissloneV one capable of getting i tered inf' calculated to produce a
good results and willing to give bis un
divided time to the city's business?"
Answer jCertainly not. If there are
but three commissioners who devote
all their time to the management of
the affairs of the city like Topeka, they
should receive at least $2,000 per an
num. Going a little farther, if Topeka was
managed by a commission of three
men, I would suggest that the chair
I man be placed in charge of the water
and electric light plants and all other
matters of revenues.
Another commissioner in charge of
the repairs of streets, bridges, walks,
sewers and sanitary matters.
Another in charge of parks, public
buildings, public works and kindred
affairs.
All matters of special importance of
any department, however, should be
first submitted to and be approved by
the whole commission. By this plan
we would furnish more -work-for our
laboring men, get more and better re
sults for our money expended and at
less cost to the taxpayer.
W. A. S. BIRD.
1ST GU!
Standard
Gil and State
in Battle.
Meet
Preliminary Motions Argued in
Supreme Court.
LTAXS WAS STOPPED.
Court Told Standard Attorney
to Limit His Argument.
Both Sides Will File Briefs In
the Case.
The first clash of the state of Kansas
with the Standard Oil company, in the
pending ouster suit, occurred Friday af
ternoon in the supreme court. Attorneys
representing the Standard preserted
their arguments on their motion to re
quire the state to make its petition
more definite and certain, and the at
torneys for the state replied to the ar
guments. Earl Evans, of Wichita, of the firm
of Stanley, Vermillion & Evans, and J.
B. F. Cates of Independence, represent
ed the Standard. Evans is attorney for
the Standard OH company in Kansas,
and Cates is general attorney for the
Prairie Oil & Gas company, the Kan
sas branch of the Standard.
Attorney Geneial Coleman and As
sistant Attorney General F. S. Jackson
spoke on behalf of the state.
Evams started the argument, and was
going into an elaborate presentation of
the points urged for a revision of the
state's petition.. He had just gotten a
good start when Chief Justice Johnston
interrupted with the remark:
"You are limited to 15 minutes in
your argument, and you have already
consumed 16 minutes."
"Well, your honors, I did not know
that was the rule," said Evans. "There
are some other matters I wanted to pie
sent." "We will allov you five minutes
more." said Judgti Johnston.
Evans did some fast talking in the
next five minutes, but it cut out Mr.
Cates from making any argument at
General Coleman then talk
ed ten minutes, and Mr. Jackson closed
with a five minute speech.
Kach side was given five days in
which to file briefs.
"We believe that the state should ta
required to separately state and num
ber its causes of action. This petition
appears to be predicated upon the laws
of 1SS9. 1S97 and 18S9. The laws of 1889
and 1899 are entirely different in pur
pose ana penalties irom the law of 197,
and we think that the various allega
tions should be separated, so that there
may be no confusion. We want to raise
certain questions by demurrer to the ac
tion under a portion of the laws. Under
the laws of 1SS9 and 1S99, quo warranto
does not lie, while under the other law
it does lie.
"The general anti-trust law says
nothing about monopoly. Under the
provisions of the law of 1S99 we are
not permitted to have a monopoly.
"This petition also alleges seven or
eight separate contracts or agree
ments, not in any. way connected. If
these are separate contracts, they
should be separately numbered.
"There is a vast difference between
a contract in restraint of trade and a
conspiracy in restraint of trade. The
state has confused that part based on
contracts and that based on conspir
acy." Attorney General Coleman said in
reply:
"There is really only one cause of
action in this case, and that is ouster.
This cause of action is based on sev
eral grounds. A divorce suit may be
based on a number of grounds. It
may charge cruelty, or abandonment,
or non-support, but these are are not
separate causes of action. The cause
of action is the divorce.
"We allege that the defendant has
been guilty of a violation of each of
the statutes, mentioned, but our cause
of action in ouster. The petition is
divided into paragraphs, which are not
counts. There is nothing which makes
it necessary for us to allege separate
causes of action. We allege some of
fenses under the law of 1889, some
under the law of 1899, but they are ail
the same cause of action.
"Any corporation that violates the
laws of the state may be ousted from
the state, whether that corporation is
a Kansas corporation or not. We con
tend that when the laws of the state
are violated by a corporation, that cor
poration should be ousted, and that U
the purpose of this suit.".
Fred S. Jackson supplemented the
remarks of General Coleman as fol
lows: "There is only one wrong complain
ed of in this petition. I can not agree
with the attorney for- the defendant
that there is such a vital difference be
tween contract and combination. It is
for the courts to say whether the con
tract or combination constitutes a
wrong. There is no law in the stats
which makes monopoly a crime, but !'
there is an agreement or conspiracy to
constitute a monopoly that is in viola
tion of law."
The court took the proposition un
der advisement, and will consider the
briefs which will be filed before ren
dering a decision. The Standard Oil
company in Its motion to make the
state's petition more definite and cer
tain wants the state to give the names.
dates and particulars about all the al-
monopoly or act in restraint of trade.
Pay 900 Ter Cent Dividend.
New York, Nov. 10. The directors
of the State bank, this city, today de
clared a dividend of 900 per cent, pay
wieldly because of its small capitaliza
tion of $100,000. The directors also
declared the usual semiannual divi
dend of 50 per cent. The lare sur
plus the bank amassed became un
wieldly because of its small capitalza
tion, and in order to obviate this the
directors decider! to distribute the sur
plus in the form of a dividend. It also
was decided to increase the eapitaliza-
Ltion of the bank from $100,000 to
$1,000,000. ' - . -
Spaldinsr's Damaged by Fire.
New York, Nov. 10. Sporting goods
valued at $75,000 were damaged or de
stroyed by fire in the store of A. G.
Spalding & Co., No. 124-S Nassau street,
last night. The police put the daraatta
at $7.500,' but A. G. Spalding, who hur
ried to the scene in response to a tele
phone message, estimated it at tea time
that amount, adding that th" firm wal
protected by insurance.
1