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LOSES W POINT. Mr. Zimmerman Tried to Hold Up Salaries of County Officers. EASY Said Treasurer and Probate Judge Should Report Fees. 10.00 MR. SCHENCK SAYS NO. IT Law Which County Clerk Found Painting is not so hard if you Has Been Repealed. get the right paint The varnish you put SAL on a floor may not be good for other woodwork ; "; paint for the porch is not always right for a chair, has been straightened out by the A Controversy of Long Standing All this Settled at Last. THE TOPEKA DAILY STATE JOUENAL FRIDAY EVENING, JUNE 7, 1907. Eyfs n n n n d-J n fl i U QSfc-C and $12.50 -Pwm n n SHIT f(W su iBlfiiipirt sortment Spring Suits in the city Suits worth $12.50, $15 and $16.50, 1 Saturday . .... See the Window of 10.00 Suits PASTORS WERE BEATEN. Ministers Who Invaded Frontenac Saloons Given Warm Reception. Frontenac,' Kan., June 7. The Rev. J. W. Pilmrose and the Rev. A. F. Berkstresser, who were arrested here cn the charge ol being "bootleggers," wer-s attacked by about 20 saloon sym pathizers in the electric car station last night and badly beaten. The ministers had been buying liquor in the saloons of the town to get evidence to use against the saloonkeepers. The town marshal arrested them on the charge that the liquor they had was for sale. The ministers were placed in Jail, but released Thursday afternoon on their Vwn recognition. The men who attacked them were waiting when the ministers reached the station to take the car to Pittsburg. Nothing was said, but one of the crowd struck Mr. Primose in the mouth with a heavy stick. Both were then knock ed down and kicked in the face. As the ear was starting they broke away and Jumped aboard. Both were badly bruised in the chest and abdomen. The men who attacked them apparently also tried to mark their faces. They were cut and bruised so badly that both were bloody from the wounds in their face.". Pittsburg, Kan., June 7. The Rev. J. "W. Primrose, who. with the Rev. A. F. Berkstresser, was beaten in Frontenac, near here, arrived here last right at about 8:30 o'clock. Mr. Primrose said: "Wb were perfectly inoffensive in Frontenac. We were attacked, I be Meve by men in the pay of saloon keepers. The whole affair, including our arrest, was at their instigation. They told the officials we were boot leggers. Whether or not the town of ficials knew the facts. I don't know. There was no police officer at the sta tion. Most of the men who attacked us were foreigners" They Made Fort Scott Dry. Fort Scott, Kan., June 7. The Rev. J. W. Primrose is of "The Church of God" denomination, as is also the Rev. Barkstresser. They have both I recently been students of the Col legiate institute, a denominational school here. Mr. Primrose has lived j here four years, but has had no charge. Most of his time in the past year has been devoted to an effort to nforce the prohibitory law in con- For the month of June Two-Piece Suits! I Thin, open to the breeje, yet trim and graceful, and fitting perfectly. Blue Serges, Gray Flannels a few Homespuns. Ml master tailored and exclusively styled. Suits: $15 to $30 Straw Hats, $1 to $5 Largest and most varied as of SPECIAL SHIRT 200 doz. Men's Fine Dress Shirts, cuffs attached or detached in mohairs, madras, blue chambray and cheviots SEE DISPLAY POPULAR 617 KANSAS Junction with the State Temperance union. He and J. K. Codding, attor ney for the State Temperance union, finally closed the saloons here and have made a dry town of Fort Scott. Recently Mr. Primrose became edi tor of a paper at Mulberry, in Craw ford county, and announced his in tention of assisting in the closing of the saloons in Pittsburg and Girard of that county. He has been acting in conjunction with the State Temper ance union along that line. Mr. Berk stresser came here recently from Versailles, Mo., and entered the Col legiate institute. He has not hereto fore been particularly identified with Mr. Primrose in the law enforcement movement. , FIVE RELATIVES DIED. While Woman Was Too 111 to Be Told About It. Chicago, June 7 If Mrs. Jennie Dank3 recovers from the critical illness in which she lies in ignorance of what has happened about her, she will awake to find five near relatives dead who were alive and well at the beginning of her illness. Her father, Eugene A. Sittig, a prominent . German business man of this city, the fifth to die in fourteen days, died yesterday of pneumonia. In six weeks six members of the fam ily have died Mr. Sittig's mother, one of his daughters, a cousin, a brother-in-law, a sister-in-law and Mr. Sittig him self. Mrs. Danks, the surviving daughter, knows that her grandmother is dead, but not that her father, sister and other relatives have died of the same disease with which she is struggling. With six members of the family ill at the same time and with death suc ceeding death and funeral succeeding funeral, the survivors were not allowed to know that one by one the number of the living was being decreased. That Califronla Trip. Now Is the time to make your Cali fornia trip $50 there and back. One way through Portland J12.50 extra. Tickets on sale every day from June 8 to 15, and June 22 to July 6. Tickets good in either Pullman Palace or Tourist Sleeping Cars. By taking a tourist sleeper, passengers can materially re duce the cost of a California tour with out sacrificing the slightest degree of Straw Hats, $1 to $5 631 Kansas Avenue ujj u lyj gj y mmm Grand values in Men's Suits imported Njar and domestic jC r fp 00lml&iAl cloths our sNr 1 LjO j Ifo $ I nA -11 regular $18, 3 ; X: I Is $20 and $22.50 W WW r-' Suits j f - ; 4V, W Saturday U L-Zj , V . : . ij SA IN AVENUE. NORTH 1DPEKA NEWS S. W. Rice of . Silver Lake was a orth side visitor today. Mr. and Mrs. Shirley of Grantville were .North side visitors today. R. P. Towles, of 1001 Harrison street. leit ror a western trip yesterday. Sidney Smith has returned from visit to his father at Roosevelt, Okla. F. M. Ward has sold the Drollinger property at 1338 Qulncy street for 1,500. Miss Veia Bridge of 1226 Quincy street wno nas Deen suffering from an at tack of quinsy, is improving. E. H. Hanchett of 1411 Kansas ave nue leit last evening for Phillipsburg, Kan., to look after his farm near that place. W. M. G. Lane of South Bend, InS., is spending a rew days in North To peka looking after his property in terests. Mrs. Samuel Steele of 1125 North Van Buren street is spending a few days with her daughter, Mrs. John Currey, of Elmont. Bartlett Peckham of 1009 Monroe street has gone to Kohoko, Mo., to spend the summer vacation visiting his sister, Mrs. Will Guttings. Mrs. J. E. Hartwell of Courtland Is here to spend the summer visiting her son, C. C. Hartwell, and her daughter, Mrs. D. W. Bayles of 1525 Harrison street. Mrs. A. M. Petro will be a member of the Grimes house party at the City of Mexico this summer and will leave the first of the week with the crowd for that place. . Mr. and Mrs. Peter Reynolds, for merly of North Topeka, will leave to day for an extended eastern trip. They will visit Baltimore and New York and their old home at Lock Haven, Pa. Miss Jessie Hoover, teacher of do mestic science in the schools at Idaho Falls, Colo., arrived home Sunday to spend the summer vacation at the home of her parents, Mr. and Mrs, D. F. Hoover of Rochester. Mr. and Mrs. Fred Clark have rented the property at 1032 Quincy street now occupied by Mr. and Mrs. Harris Good rich who expect to spend the summer in Texas, where Mrs. Goodrich's fath er, J. B. Betts,. has a large railroad contract. Mrs. C. A. Herring of 1014 Monroe street went to Perry this morning to meet her sister. Mrs. G. H. Griffin, of Baldwin, Kan. They will be the guests for a few days of their parents, Mr. and Mrs. Jasper Wilson, of Perry, for a few days. Miss Stella Mitchell, who was grad uated from the State Normal at Em poria this week returned home yester day. Miss Blanche Reynolds and Miss Alice Skinner who went to Emporia to attend the graduating exercises re turned home Thursday. John Nystrom, the shoe merchant, re ceived a shipment of goods from Chi cago this morning from which two pairs of shoes were missing. The shoes stolen were men's patent leather ox fords. They were evidently taken out of the case before the goods left Chi cago or after the shipment reached here. The agent here has been notified of the loss and has promised to in vestigate the affair. After taking tb shoes the empty boxes were put back in the case and the cover securely fas tened. - ' . Dr. Clair Hoover, who has been In the Pasteur institute In Chicago re ceiving treatment for a dog bite, ar rived yesterday and is at the home of his parents, Mr. and Mrs. D. F. Hoover of Rochester. Dr. Hoover's home is near Emporia and It was while in his own yard' that he was bitten by a stray dog that had attacked his dog. Dr. Hoover's hand was badly bitten, and although he immediately gave the wound medical attention, it was thought best for him to enter . the in stitute at Chicago. The friends of the LI SATURDAY.! OUR CASES - 1 V-M Vf m ; i m mm s m mmm NaWJP 1 1 ? 4 til PRICE. CLOTHIE.RS t fJi I Suits i??J I family will.be glad to know that the treatment at the Pasteur institute was successful. .- .-i Because sounds resembling footsteps were heard in the vicinity" of Pratt Bros, hardware- store, about midnight last night, the report 'was circulated inat a roopery was.via-progress there. Ed Bowman, who haaJrooms in the sec ond story of the Pratt building at 901 Kansas avenue, first, heard the sounds and notified-the police who sent some one to inrorm J. U. Pratt at his home, 833 Jackson street. Mr. Pratt was soon at the ppot and found the building guaraea Dy tne two .night officers. The light in the store was Btill burning and an investigation showed that every thing about the place was Just as the nrm naa leit it and that no entrance nor attempted entrance had been made, Mr. Pratt reports no loss except a few nours Bleep. MRS. CRITES DIVORCED. Sister of Sheriff Was Abandoned by iter iiuuDnna. Mrs. Mary M; Crltes, a sister of J. M, Wilkerson, the sheriff, was granted a divorce today by Judge Dana In the district court from her husband, John Crites, to whom she was married in 1899. Mrs. Crites' grounds for divorce were abandonment and Mr. Crites, who is a teamster and is now driving a sprinkling cart, did not contest the suit. On the witness stand in court today Mrs. Crites testified that she lived in Oakland on property- belonging to her self and .that she kept boarders there. She said bier husband had left. the home more than a year ago and had refused to return to it despite her solicitations that he So eo. She declared that her husband had said that 'lie would not live with her if her daughter Rose, by a former husband, was permitted to re main at home. She refused to send Rose away from home. Mrs. Crites said that during the year's time her husband had been away from her he had failed to contribute anything to. her support. Miss Rose, the daughter of Mrs. Crites, testified that her mother had always treated Mr- Crites in a proper manner and that there was apparently nothing to Justify his leaving her. Matt Campbell, attorney for Mrs. Crites, told the court Crites had told him t! it Mrs. Crites could-get a divorce as soon as she pleased because he would not live with her if she continued her residence in Oakland. "He told me," said Mr. Campbell,, "that he would be willing to return to his wife if she would sell out her property in Oakland and put her money in some otner property or move to some other place." After hearing the uncontroverted , tes timony in the case Judge Dana granted the divorce Mrs. Crites asked for. HE FELL 1,000 FEET. Body of Vnfortunate' Man Picked Up in 1 nit's. Barcelona, June 7. As the balloon Cirzo ascended1 from the gasworks here. A. Glaziere took hold, or the cord, evi dently wanting to make the ascension with the Count of Mendoza, and his brother who were In the car. The bal loon ascended rapidly to a height of 1,000 feet when the man lost his grip and fell to the ground. He was picked up in pieces. . ... . CASTOR I A For Infants and Children. His Kind You Have Always Cough! Bears the Signature of S7 An opinion has been given to the county commissioners, the probate judge and the county treasurer by J. J. Schenck, the county attorney, to the effect that it is not necessary for the county treasurer and the probate Judge to make reports to the county commissioners on the fees collected by them In the administration of their offices. And so Frank C. Bowen, the county treasurer, and R. F. Hayden, the probate Judge, will, continue,, to draw their salaries from the county despite the efforts of S. G. Zimmer man, the county clerk, to the contrary. Soon after Mr. Zimmerman assumed the duties of county clerk in January last he -began- an investigation of the affairs of the 'county . clerk's office and the other county departments as. well. He found, among a variety of other things, -that .the1, county - treasurer- and the probate Judge had not reported to the county commissioners the fees that they had collected for a number of years. Mr. Zimmerman discovered a statute which he Interpreted as compelling the county treasurer and the probate Judge to report the fees collected by them to the county com missioners. He immediately notified? the county commissioners of his "find" and sug gested that the county treasurer and the probate judge be compelled to re port their fees.- The matter was taken up -T5y the county commissioners with the- officers affected and the latter argued that thejr were not compelled to report their fees.: . It seems that', under some old laws the county treasurer and the probate judge received as their salaries all the fees collected in their departments up to a certain amount and then divided the surplus with the county and themselves. This law was changed bo that these officers were permitted to retain all their fees. Mr. Zimmer man insisted, however, that they should make reports on their fees col lected. But the county treasurer and the probate Judge argued that while it was proper for the offices they held to report their fees when the county had a share in them, the purpose and the reason for reporting them was nulli fied by the law which gave the officers in question all their, fees. There the .matter y rested until a short time ago when Mr. Zimmerman wrote a letter to the county commis sioners suggesting that they hold up th salaries of the county treasurer and the probate judge until they had reported their fees as he believed they should do. At this rtage of the proceedings the Eervices of Mr. Schenck, the county at torney, were called In by the county commissioners and the county treasurer and probate Judge. Mr. Schenck was p.skcd fir on opinion in the premises and after an Investigation of the stat utes on the subject he finds that the county officers in question do not have to report the fees collected by them because the statute, which Mr. Zim merman decided was applicable to the ease; had been repealed by subsequent legislation" rir .Mr. Schenck -has filed his written opinion -with the county commissioners snd given - a separate opinion of the same - tenor to- the county officers af fected. His opinions to the three are identical except the changes in words to make them fit the proper cases and an idea of all of them can be obtained from the one to the probate judge which is as follows: "Replying to your favor of a few days ago asking me for an opinion as to the duty of the probate judge of Shawnee county,- Kansas, to make quarterly statements to the board of county commissioners as provided for in section 14 of chapter 141 of the laws of 1899 and to perform the other things specified in said section, I beg to say I have ?iven this matter careful con sideration and I am of the opinion that said section 14 was repealed msorar as it related" tj the probate Judge of Shaw nee county,' Kansas. 'Section 3 of chapter Z14 or tne laws of 1901, specifically repeals original sec tion 14 of chapter 141 of the laws of 1899, and all other sections and parts of sections insofar as they relate to the probate judge of Shawnee county, Kansas. I therefore conclude that such a report is not required from you. This opinion of Mr. Schenck'st ends (i controversy which has been bother ing the county commissioners, the coun ty treasurer ana tne pruuaie juuge aui months, unless Mr. Zimmerman sees fit to carry the question to the courts. HATCHER PLEAD GUILTY. Sent to the Pen for Burglary. Tear for James Hatcher was sentenced to the penitentiary for a term of not less than one year or more than five years by Judge Dana in the district court today. He pleaded guilty to a cnarge oi Dur elarv. He broke into a barn in North Topeka some weeks ago and stole sev eral suits of clothes. Hull Case Is Appealed. The case of Wm. Hull vs. Louisa Hull was appealed to the supreme court yesterday from Shawnee county. This is the fight for the property of Henry Hull of Topeka. William Hull lives at Madison, Ind. The two are brothers, and William claims that Henry owed him 100,000 as a share of an estate. Henry died . without handing over the money, and William sued the administratrix of the estate, Louisa T. Hull. The district court knocked the case out on a demurrer. Slnsletons Must Return. Governor Hoch has issued a requisi tion on Governor Folk of Missouri for tho ' return to 161a, Kan., of John Singleton and Mabel Singleton, alias Mabel Wilson, wanted at Iola for hold ing up and robbing W. R. Hadley of J105 on May 30. The two auegea crooks are under arrest at Kansas City, Mo. CME mark which directs you to the Perfect, Paint 7or Every Purpose, regardless of what that purpose may -be.- ... This mark covers everything that goes en tvith- a bnttk paints, enamels, stains, varnishes -and enables you to get exactly what you need. ; "The Selection and Use of Paints and Finishes". is a book that makes the work easier by explaining how to paint anything. Let us mail you a copy r ree. If your nearest dealer cannot . supply you with the' - "Acme Quality " kind, we wilL A. B. wHtmci PAINT, . & GLASS CO. 628 Kansas Ave. Topeka. Distributers 7 S r Different from other oil stoves. Superior because of its economy, cleanliness, and easy operation. The 1W PEpECilOiU Wick Blue Flame Oil Cook-Stove saves fuel expense and lessens the work. . Produces a strong working name instantly, riame always under immediate control. Gives quick results without overheating the; kitchen. Made in three '- sizes. Every stove warranted. If not at your - dealer's,- write our nearest agency for descriptive -circular. - Lamp is the best lamp for all-round household use. Made of brass throughout and beautifully nickeled. Perfectly constructed; absolutely safe; unexcelled in light-giving power; an ornament to any room. Every lamp warranted. If not at your dealer's, write to our nearest agency. STANDARD OIL COMPANY (IMCOKFOitATSD) r AT FREE i Vieewood Park Every Afternoon and THE GREAT IN Sensational High Wire Actsjj Saturday Afternoon SPECIAL One pound . box of High Grade Chocolate Creams Twenty-Seven Cent Per Regular 40c seller- ' . ROYAL BAKE.R.Y" - 833 Kansas Avenue THie Mew Oil tows Evening This Week CALVERT The Direct Action Gas Range Is the Best BECAUSE ' ' : It does not heat tha broiler when you bake or roast. Broiler Is In plain view when broilr Ins or toastliiK Oven fire Is in plain- view when bailing or roasting:. All the valves have regulating: orifice for the (ras pressure. Burner caps are not cemented, but - - loose easy to clean. Hubbard Hardware & Seed House 520 Kansas Ave.