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10 PAGES EVERYBODY 10 PAGES ! 1 B1SAOS IT. MEEDS IT. j I.A.ST EDITION. MONDAY EVENING. TOPEKA, KANSAS. JUNK 17, 1907. MONDAY EVENING. TWO CENTS HOLDSJIIS GRIP. Judge McPhersonBetains Juris diction in Missouri Rate Cases. Says They're Matters Belonging to the Federal Courts. WILL DECIDE LATER. Inclined to Enforce the Pas senger Kate Law a While Until It tan Be Seen Whether the Business Pays. Kansas City. Mo.. June 1". Judge Smith McPherson of Red Oak. Ia., in the United States district court here this afternoon handed down an opin ion, growing out of the conflict be tween the circuit courts at Kansas City and St. Louis and the federal court here over the enforcement of the Mis souri maximum freight and two, cent passenger laws. Judge McPherson retains and main tains jurisdiction to adjudicate the val idity of the freight and passenger laws of Missouri, including the amendatory freight law of 1907. Whether the - temporary injunction asked for by the Missouri railroads to restrain the state officials from enforcing these statutes shall be issued, and if issued whether It shall enjoin the enforcement of either the passenger or the freight iaws one or ooin win, me court aa9 ye considered a week or more hence. Judge McPherson said that his pres ent view is that the two cent law should be put in force until it can be aauci lanicu uy avium cacmciivc "whether two cents will remunerative. The decision was rendered In the case of the Wabash Railway company versus Herbert S. Hadley, attorney general and other state officers and seventeen other like cases. Judge McPherson's decision follows: Tlio Opinion. "The real question here Is, has this court jurisdiction over the passenger fare law of 1907, of the Missouri legis lature declaring it unlawful to charge more than two cents per mile? A les ser question Is whether the bills ten dered for filing are supplemental bills to those filed in this court in the 18 cases two years ago and now pending before Mr. Schofleld, the master. "I fully appreciate the responsibility resting upon me and the consequences to follow from the orders now to be made. If mistaken the mistakes are mine, even though I have had but part of one day since the argument to reach these conclusions. "Never has a case before been argued with greater eloquence, logic and pow er than was done by counsel, both for the state officers and for the 18 rail ways. Every-phase of the case direct end collateral has been so illuminated that all possible questions are at the end of debate. What is the supple mental bill in equity? And wherein is the importance of defining it? Usual ly It is where there .has been some change in the rights of the parties, which must be carried forward by a supplemental bill. One hundred and more years ago judges who had but little to do except play the role of mental acrobats and seek to refine and distinguish and to display an affected learning and to discuss most gravely the difference betwixt the west and northwest side of a hair' most elabor- . "tcij t- l avi ill i i.rii y icn r., tijj m origi nal bills and amended bills and sup plemental bills and bills of review and bills In the nature of bills of review. The result was that a chancery case lasted for many years. More than 50 years ago the supreme court recogniz ed the folly of much of this, and by a code of rules adopted the system of fact pleading and left the old chancery practice in force only when the 9i rules adopted did not meet' the situa tion that might arise, and by rule 67 defined a supplemental bilL But that is not important In my Judgment. Of Little Consequence. "Whethe r this proceeding should be by original bill or by supplemental bill, is of small confluence. If by origl- i nal bill, the railways had the right td file the same without notice, and the ! rignt iu a restraining order without no tice. If by supplemental bill the usual practice is to lequite notice and in -lther case It is discretionary with the Judge to allow a restraining order with out notice until a hearing can be had on notice as to a temporary injunction. On Tuesday, the 11th instant, the com plainants gave notice of filing these bills on Friday, the 14th instant. On Thursday they asked to file them. Sole ly out of courtesy to the attorneys gen eral, who was not present, this was refused: but the court on its own mo tion Issued the restraining order, to keep the matter in statu quo. "At the time fixed for the hearing me maner was again delayed for a day at the request of the attorney general, he unavoidably being absent. During that delay the bills were fil ed in the state court. For this there is no criticism. But I have stated the facts, and the statement of facts shows that these cases, as to the laws of 1907. were pending and had been pending since Tuesday, the 11th in stant. And these bills must be con sidered as filed as of that date. And whether defective as original bills is rot material hpcmiGa eh - - v . . i vail be corrected on demurrer or except ions or by the complainant before answer as of course. Nor is it mater ial whether filed in the original cases or separately docketed. If separate ly docketed, they will at once for trial purpose be consolidated with the old taes pursuant to section 921of the re vised statutes. If the contention of counsel for state officers be techni cally correct it is without substantial merits as to the rights of parties. But One Way to Settle It. "That the fixing of rates by the legislature is presumptively correct. all concede. That it is a legislative act all agree. But that such rates must be reasonably renumerative, can not longer be discused. The rail ways are entitled to cost and a reason able profit and no fair minded man disputes it. How to arrive at the cost and reasonable profit Is a most dlffl sult problem. But it must be ascer tained and this ascertainment can only be by judicial proceedings and is to be determined only by the courts and ultimately by the supreme court of the United States. No skill of the draftsmen by the use of words or phrasing can take that from the courts to the town meeting. It can not be changed by declamation sopho moric or by invective. It can never be settled in a criminal case by arrest ing ticket agents or conductor's. The supreme court in the end must have the evidence with the right to make the ultimate findings of fact. No lo cal tribunal, federal or state, can fore close the fact as would be done if the ca.se goes to the supreme court on writ of error to the state courts and from the state courts there ii no method of review but by writ of error. "There is but one orderly and seem ly way, and that is in equity, with the right of appeal to the supreme court as has been said by that court over and over again. The argument that the courts of the state can decide as to the validity of the laws of the state as well as can the United States courts, will not be argued by any federal judge, but will be conceded. Those courts are as high minded and as learned as are the federal courts, but that is not the question. It Is a question of Jur isdiction and this court has jurisdiction and will maintain its Jurisdiction. It Carries Ilini Back. 'Nor is this to be the prejudice of any one. As I listened on Saturday to the argument I was carried back to the days of 1801-9. I recalled the judicial revolutions of Virginia and Pennsyl vania. I recalled the case of Luther versus Borden, growing out of the Dorr rebellion. I recalled the bitter- j ness of half a century ago between Iowa and Missouri over the state line. I recalled the recent lives of Thomas H. Benton and Governor Morris by a distinguished author, who states that at one time or another every one of the original thirteen states has tried in some form or other to destroy this government. And I recalled that in every instance, save the troubles of 1S61-5. that the United States courts have, in a dignified way, settled the disputes and law-abiding people ac quiesced and the lawless element were compelled to submit. "That the states have the right to manage their own local affairs will ever be maintained. But it is too late to talk about states dictating to the government or overriding its courts. This is a nation. Its commerce will not be interfered with by any state, because for that almost alone we adopted our constitution. The com merce clause will always be upheld and the citizens, including corpora tions, will ever be protected in their Just rights under the fourteenth amendment. These are national ques tions and the supreme court will hold the scales of Justice with the evidence before them. I do not know and of course do not state that the state legis lature has wronged these railroads. That is the case on its merits. 5 lust Have a Hearing. "But the railways say they are being wronged, and they must have a hear ing, and a hearing on the evidence and that evidence carried with the record to the supreme court. And if upon the evidence they are being com pelled to transact business at a loss no one need doubt that the supreme court will nullify the statute. If the rates fixed are remunerative, the statutes will be upheld. It is too late to talk about the alleged wrongs of the supreme court declaring statutes void. That was fought out one hun dred years ago. Down to 1888 the period covering the first 100 years of the supreme court, that court held 20 United States statutes void. During the same period that court declared as void 181 state statutes of which 14 were Missouri statutes. (See appendix to volume 131 U. S. Rep.) "How many have since been declar ed void I have not taken the time to ascertain. And some of the statutes thus declared void were railway rates statutes, enacted by the states. It must be remembered that In passen ger and freight carrying there Is much to be considered besides rates or fares. Important as any, if not the most im portant is the equality of rates; the treatment and charging of all alike. No rebates; no discriminations must be allowed. Safety of the public In cluding passengers and employes must be considered. And of as much Im portance as any other question Is ef ficient service. Rapid and prompt de livery of freight must be had. Fast passenger trains with tut few stops for passengers going a considerable distance is demanded. Local trains for local business are required. "To have these reasonable compensa tion must be paid. So that these all are involved. In consequence in such busi ness as is between St. Louis and St. Joseph. Kansas City and St. Joseph, Kansas .City and Joplin and perhaps other points, which are parts of the routes of some of the lines that are out of the state, a grave question is pre sented and no small question is covered whether parts of these statutes are void that the matter can be separated and the balance . of the statute remain in force, because congress, even as to those lines wholly within the state, may or may not have control of such commerce when It directly interferes with com merce passing out of and back Into the state. A Great National Question. "I neither pass upon this question nor express an opinion thereon, because while such questions have frequently been discussed by the ablest of men such questions have not yet been decid ed. I simply mention it as a great na tional question. It is urged with much plausibility that because penalties are affixed to the statutes of 1907, that the criminal courts of the state only take jurisdiction. I do not stop to review the various Missouri statutes upon the sub ject of both passengers and freight, all of which must be construed as in parti materia. But it is sufficient to say that the Inflicting of penalties is not the only remedy. "The attorney general and railroad commissioners still have much to do with the enforcement of these statutes, which the railways contend are void in part. In the original cases the ques tion is still present under the statutes of 1907. Whether these laws by rais ing the freight rates and lowering the passenger fares are remunerative in the aggregate must be considered by the court. The state is not in effect a party because the charge is that these officers are seeking to enforce void statutes, in more ways than by inflict ing penalties. Orders Will Stand. "The orders heretofore made will stand until vacated or modified. The cases will be set down for hearing as to whether a temporary injunction shall Issue and If issued what shall be the scope? Shall they restrain the en forcement of the recent freight rate statute? Shall they restrain the en forcement of the recent two cent pas senger rate statute? Tentatively, sub ject to argument and subject to change of opinion if I should hear the cases my present view is that the two cent passenger fare statute should be put in force and kept in force for some months at least. .With the right of the LEAK" IS FOUND Evidence Concerning the Miss ing Medical Questions. Topeka Man Admits He Tried to Buy Them. HIS MISSION FAILED. Edmonds, the Porter, Refused Offer of Ten Dollars. State Printer McNeal Thinks He Is Near Solution. Uvidence secured by T. A. McNeal, state printer, leadB him to believe that the man who might be able to explain the "leak" in the state printing plant through which' Jhe examination ques tions of the recent state medical exam ination escaped. Is Bert Hill, of 720 Fill more street, a former employe in the bindery of the state printing office. Hill admitted this morning that he tried to get possession of the examina tion questions, and tried to bribe George Ellis, night watchman of the building, and John Edmonds, porter, but declares emphatically that his efforts failed, and that he didn't get the questions. Mr. McNeal asserts with equal emphasis that he thinks Hill is not telling the truth, and that Hill knows who got the questions. The evidence secured seems to indi cate that there has been a. well develop ed plot carried on for some years past for a traffic in. the examination ques tions of the state" board of medical regis tration. ' A year ago an attempt was made to secure the questions from Tom Brown, the foreman, of the composing room, to give out a copy of the questions In ad vance. Brown received a letter from Hill making this proposition. Last year Hill tried to bribe John W. Edmonds, the porter of the printing office, to steal him some copies of the questions. Both of these attempts, it is claimed, failed. but there have been rumors for the past few days that this not . the first time that questions used In the state medical examination have "leaked." It is possi ble that Hill may have been mixed up in these affairs, but this he denies. The theory of the officials of the state printing office is that some one came to the state printing office early Saturday morning, June 15, before any of the printers were at work, and took what is called a "stone proof" from the type of the examination questions, which type had been used in printing the questions the previous afternoon, and had not been distributed. The printed copies of the uestions had been sent off by express late Friday afternoon. ' Hill Makes a Statement. Bert Hill this morning made the fol lowing statement to a reporter for the State Journal: "It is true that I made several ef forts to obtain these questions but I did not do it for myself. I had no in terest in it whatever, personally, but was doing it for a friend of mine here in Topeka. This friend is a pharma cist, and he said he wanted the ques tions for some friend of his. "A year ago I tried to get the ques tions for this same friend of mine. At that time I wrote a letter to Tom Brown ,the foreman of the plant. I did not offer him any money, but told him I wanted the questions. I don't think he ever replied to the letter. I also offered John Edmonds $5 last year to get the questions. Edmonds refused the offer. This year I again of fered Edmonds J10 to get the ques tions". He wouldn't do It. Edmonds Is all right he can.'t be used by any body. Then I tried to get Ellis to pick the questions out of the waste for me. He couldn't do it, and I failed to get the questions." "How did you know that the ques tions had been printed when you went to see Ellis Friday evening?" was asked. "This fellow that I was doing the work for told me. He found out from somebody else." "Do you know whether he was able to get the questions from any source?" "I don't know for sure, but some of the things he said indicated to me that he had. and was trying to get me into it to bear the blame. As a matter of fact, I went around to the printing plant twice Friday evening to see Ellis once alone, and once with this friend of mine. I have told all about ho wthis happened, and while I ad mit that I tried to get the questions, I deny that I ever succeeded. I don't know how to take a proof couldn't do It If I tried. I did not go up into the composing room of the printing office. I did not approach any of the printers to make a proof for me. and don't know how the questions finally came into the hands of the applicants at the examination. I do not know that the applicants a year ago had the questions, except from what I have read in the newspapers." It was suggested to Mr. Hill that he should clear himself as far as pos sible by stating who had induced him to go into this affair, but he declined to mention the name of the party for whom he was working. McNeal Explains the Affair. State Printer T. A. McNeal has been actively investigating the affair ever since It was reported to him by Dr. S. F. Hatfield of Grenola. the secretary railroads later on to renew their mo tions to enjoin the enforcement of the statute. One class of people claim that with a two cent fare travel will so Increase as to make it remunerative. Others deny this. The Wisconsin com mission but lately declared after months of investigation that In that state a two cent fare would be confis catory, and Governor Hughes by a re cent veto message so declared in the populous state of New York. How Is this question to be determined. Is not It all speculation and guess work? Of what value will be the testimony of any ordinary business. And of what value will be the testimony of railway experts? "Such are my present views hurriedly stated and without time to place them in the shape of a formal opinion. Nor would it be of substantial . benefit to anyone to review the many authorities. They are known to the profession and to the courts. But I have stated the law as I understood to be." of the state board of medical registra tion and examination, that the ques tions had been stolen. Mr. "McNeal said this morning: - . "I have secured a statement from John W. Edmonds, : our porter, that last year he was approached by Hill, who offered him- $5 to notify him when the questions were printed, and steal a copy for him. - Edmonds refused this offer. - "Subsequently, Hill was given a Job in the bindery, and worked there until about three weeks ago. "I also ascertained from our night watchman, George Ellis,-that on Fri day evening, June 7. the day.that the examination questions were printed. Hill came there to the . plant after everybody had left, and started to go up into the composing room. Ellis told him he must not go up. Hill said he was going to get a rule which he had left there.. Ellis told him to get the rule the next day; that his orders were to let no one into the plant. Hill said to him, 'Why, you know me, don't you ? I'm Hill, I used to work here,' but still Ellis refused to let him go upstairs. Then Hill came down and commenced to hunt around among the waste paper collected from the press room. He told Ellis that he wanted to find a copy of the. medical examination questions, and that if Ellis would find a copy for him he would give him five dollars. Subsequently ne raised nis or- fer to $10. He told Ellis that he would cail in the morning.- Hill came back early in the morning. Ellis says that Hill did not; come inside the building, but simply came to the door. It would have been.easy, however, for someone to have gone up the back stairs without attracting, any special attention. - It would have been sup posed that it was- one of the printers going to work. The work of taking a proof of the questions would have then been only a matter of a few minutes. "I do not care to. state what further proceedings will be taken. These are the facts which have been developed by our investigations. The questions seem to nave uetn handled bv F. B.iDalley of Kansas City, Mo., one of the persons who took the examination. A young man nameu A. Heinzleman of.lCansas City, Jian., and another named Lemon seem to have known something about it. 'ine nerson in Kansas City who got the questions made out typewritten lists of answers to all the questions, and seems to have sold the answers in typewrit ten form. Indications' are that about three-fourths of the people taking the examination had the written answers. The probability is that the examination will have to De given entirely anew m all applicants. " hogelId dies. 'Newsboy's Friid"Found Dead in Bed in Omaha Hotel. Omaha, Neb., June 17. Colonel Alexander Hogeland. "the newsboys friend," was found dead in bed in Murray hotel this morning. His death is believed to have been accidental. - - ORCHARD. ARRAIGNED. His Case Is Continued Indefinitely by Judge Wood at Caldwell. Caldwell, Idaho, June 17. Harry Or chard, the confeseed murderer of for mer Governor Steunenberg and 18 oth er men, was brought today to the scene of the crime, which finally landed him within the clutches of the law, and taken before Judge Wood at the county court. The Haywood case at Boise was adjourned over today to enable Judge Wood to come- to Caldwell and enter an order formally adjourning Orchard's trial for the present term of court. The proceedings began at 11 a. m Judge Wood arrived in an automobile at that hour. Orchard was brought over on an early train In custody of War den Whitney of the state penltentiaiy and several deputies and detectives. The trip was without incident. The prisoner was attired in a natty new brown suit and attracted considerable attention. The local attorney, Mr. Cox who has been the attorney of record for Orchard in this county, was reliev ed from further duty by Judge Wood this morning and with the consent of the prisoner, Frank T. Wyman, a Boise attorney, was appointed in his place. "I presume you desire a continuance of counsel?" said Judge Wood to the prisoner. "Yes, sir, if it please your honor replied Orchard, who until the formal appointment of Mr. Wyman was with out a legal adviser in tne court room. The date of Orchard's trial will not be made until the cases against Haywood, Moyer and Pettlbone at Boise, are dis posed of. Orchard being the state's principal accusing witness against the miners' officials. Orchard was taken back to the penitentiary at Boise this afternoon. UPHOLDS BREWERS. J ul SO Pollock Says Liquors in Tran sit Aro Not Subject to Seizure! Leavenworth, Kan., June 17. Judge J. C. Pollock in the United States circuit court here today in the case of the Kansas City Brewing com pany, asking an injunction to prevent C. W. Trickett, assistant attorney gen eral of Kansas from seizing liquors In transit from Missouri to Kansas, held that where the sale of liquor Is made in good faith in a foreign state the seller ha dthe privilege under the fed eral laws regulating interstate com mrce to deliver same in Kansas and either collect in Kansas at the time of delivery or in Missouri at the place of sale. FROM BREW ERY PRESIDENT. Dick Brothers Claim Wrong Man Was Served as Agent. August Dorkenwaldt, president of the Dick Bros." Brewing company filed an affidavit with the supreme court this morning in support of the motion to set aside the service In" the ouster suit. Mr. Dorkenwaldt says that John Schramm, of Crawford county, on whom the papers were served is not the agent and never has been. He also says that Dick Bros, had no Internal revenue license to sell liquor in Kansas. Another affidavit by John L. Schramm asserts that he has never been Dick Bros, agent, but has merely bought liquors from that company as any purchaser. NAVALJjEROES. A Glowing Tribute Is Paid to American Sea Fighters By Gorernor Hoch on Board the Battleship Kansas. THE SILVER SERVICE Which Cost the Snnf lower State Fire Thousand Dollars Is Formally Presented to the Vessel Named for Her. Philadelphia. June 17. With cere monies appropriate to the occasion, the state of Kansas today presented to the battleship Kansas at the League Island navy yard the $5,000 silver ser vice purchased by act of . the legisla ture for the battleship. ' Colonel W. Cr Whitney, Former Department Commander of the G. A. R,, ' - Who Died Sunday. An address was made by Governor Hoch on the deck of the battleship, in which, he presented to Captain Vree land the magnificent silver service. Governor Hoch and the Kansas state officers were met at l.p. m. to day at Recreation pier, between Mar ket an Chestnut streets, Phlladephia, by a government tug, and taken down the river to the navy yard at League Island, where the battleship lies. The trip consumed about 45 minutes, and the exercises commenced about 2 o'clock. The following was Governor Hoch's address: - Among the rich legacies left to the American people by their heroes and patriots history has embalmed none more brilliant or more precious than the imperishable annals furnished us by our navy. The achievements of our navy prove the old proverb, that "Truth is stranger than fiction," and constitute a story of remarkable bravery and marvelous success. What American student can read without a thrill of national pride the story of our naval conflicts during the dark days of the Revolution when we grap pled on the high seas with the greatest naval power of the world as we grap pled on land with the greatest military power in the world. Although the royal navy exceeded ours In number of craft and in armament, in the ratio perhaps of ten to one, yet the superior maneuvering and valor of our officers and men more than divided the honors of that great struggle on the sea, and when the long unequal contest was over we had nearly 1,000 British ships, including many warships with their cargoes and crews as our trophies of victory. Equal to Every Emergency. In the war of 1812 with this same great power - our achievements were relatively greater even than this. In all our wars our navy has been equal to every emergency and has crowded history with magnificent achievements. Thrilling indeed is the story with which our navy has enriched the pages of history. Do you ask me for a single sentence that has Inspired the most struggling souls in all the walks of life with new courage? Then, I give you the immortal utterance of the dying Lawrence. "Don't give up the ship."' Do you ask me for the most noted instance where victory was wrested from the jaws of defeat? Then, I tell you of John Paul Jones whose precious dust has but recently been returned to us. When the cap tain of the British ship in that awful midnight battle said to nis sinking antagonist. "Have you struck your colors? tne intrepid American an swered, "I have not yet begun to fight," and followed by his courageous crew clambered from his own sinking shin aboard the Serapis and nana to hand contested for the mastery until the British crew surrendered. Was good news ever couched in stronger or more striking phrase than Perry's im mortal announcement. "We have met the enemy and they are ours?" Was daring ever better exemplified than by Farragut lashed to the rigging of his flagship in Mobile bay. or by Hobson and his associates in Santiago harbor? To there a more graphic or more thril ling recital in history than the battle in Hampton itoaas oeiween tne nrst two armored ships, the Merrimac and the Monitor? But perhaps after all the most remarkable chapter in the annals of all naval warfare is the mar velous story of the achievements of our navy in the late Spanish-American war. What a magnificent chapter it (Continued on Page Seven.) ii Will Neither Affirm Nor Deny His Reported Engagement Oyster Bay. N. T.. June 17. Senator Beveridsre of Indiana, who called on President Roosevelt last evening, left for New York today. He would neith er affirm or denv the renort that he is to marry Miss Katherine Eddy. He said, however, that no one had any knowledge that would Justify the pub licatlon of the report. VVHITNEYJS GONE Teteran G. A. R. Man Passes Away Sunday Morning. Was Kansas Department Com mander in 1906. Cawker City, Kan., June 17. Colonel W. C. Whitney, one of the old settleis in this county, and former department commander of the Kansas Grand Army of the Republic, died in this city Sun day morning, at the age of 80 years. The funeral will be held this afternoon at 2 o'clock. Colonel Whitney 'was elected depart ment commander April 21, 1896, the year the state encampment was held at Be loit. The same year the encampment selected Topeka as the place for the next following encampment, after a hard struggle. Colonel -Whitney was a man of 6 foot stature, and was considered one of the wealthy men of the county. He has lived in Cawker City for many years. While Colonel Whitney was depart ment commander of the Grand Army, he had J. Y. Niles of Topeka for his adjutant. ... William Clifford Whitney was born in Dexter, Me., January 3, 1828. His father was John Y. Whitney who lived at the time of his death at Franklin, Ia. W. C. Whitney came to Illinois in 1854, and went to farming. On the breaking out of the war he enlisted as a private in the Second Illinois light artillery. He was connected with seven different regi ments, and with three branches of the service light and heavy artillery and infantry. He participated in the Oxford campaign under Grant, at which time Holly Springs was captured, and par ticipated in the battle of Oxford, Union City and Kenesaw Mountain, and In the Atlanta campaign. Within a month af ter enlisting he was promoted to be sec ond lieutenant, in another month to be first lieutenant, and in about 18 months. to be captain. In 1864 he was made col onel' of the Fourth regiment of West Tennessee. He was assistant provost marshal of the freedmen in the district of West Tennessee, and for nearly a year was constantly engaged with mili tary courts and commissions. He was mustered out of the service In 1866. In 1869, Whitney came to Kansas, and settled in Mitchell county. He was one of the founders of the town of Waconda, where a celebrated mineral spring is lo cated. He built a large hotel at Wa conda and lived there until 1872 when, foreseeing the eventual success of Caw ker City, he removed to that piace and erected there a large hotel, which has been for many years one of the leading hotels of that section of the state. Colonel Whitney was mayor of Cawker City for three terms, and has held var ious township and county offices. He was married in 1853 to Miss Ann Eliza Holmes, at Boston, Mass. They had two children, a son and daughter. He was a Republican in politics, but never was what might be called a politician. However, he took an active interest in public affairs, and was able to make a good speech. -While in his full vigor he weighed 260 pounds, and stood six feet three inches in height. NOT 8 WRECKED. One Man Killed and a Number In jured Near Trinidad. Trinidad, Col., June 17. Eastbound passenger train No. 8 on the Santa Fe was wrecked shortly before noon today near Earl, a small station 20 miles east of Trinidad and it is reported that one man was killed and a score of others injured. Details are lacking but it is believed spreading rails caused the wreck. ' A special train bearing physicians was1 sent from this city to the scene of the wreck at noon. The injured will be taken to the Santa Fe hospital at La Junta, Col. , BEVERIDGE "SILENT. DECIDET0SUBF.1IT No General Strike in Russia Seems Probable Now. There Is a Strong Sentiment Against It Among Leaders. THE PRESS IS SILENT. Threats of the Officials Have the Desired Effect. Make Extremely Guarded Com ments on the Situation. St. Petersburg, June -". The chances of the proclamation of a general strike answer to th9 government's coud d'etat are steadily lessening. The ques tion is now under discussion at a secret conference of the central committee of the social Democrats, which is being held in Finland, but a strong current of opposition is known to prevail, not only on the part of the moderate leaders, but also among the adherents of the radical members. A fraction of the moderates urge that the government is now so strongly entrenched that a strike would be futile and only weaken the prestige of the party and involve the rank and file and the industrial pro letariat generally in a series of reDrisals and immense pecuniary loss. lie conference which is attended bv all the members of the lower house, who have not been arrested probably will content itself with issuing a series of proclamations addressed to the peasan try, the army and navy, and the work men, accusing the government of vio lating faith with the country by alter ing the election law in defiance of the imperial pledges and appealing to the masses to continue the fight to over throw the existing regime. The social revolutionists at a conference held last night declared against the proposed strike and appointed a committee to draft an address to the peasantry, the army and navy, and the workmen. Thi National Socialist and group of toil members also are contemplating the is suance of manifestes to their constit uents. Telegrams from practically every city In the empire announce that the news of the dissolution of parliament was re ceived quietly and with almost an en tire absence of demonstrations. Even at Odessa and Kiev no disturbances oc curred. The prefect of police of Kiev Issued orders that no demonstrations on the part of the reactionists or revolu tionists be allowed and that no open discussion of the evolution of parliament be permitted. The course of General Drachieftsky, prefect of police of St. Petersburg, in prohibiting hostile crit icism of the government was followed almost universally by the governor general throughout Russia, completely muzzling the liberal press. Guarded Comment. The few newspapers appearing here today make extremely guarded com ments on the situation, the radical Russ contenting Itself with expressing the hope that two election campaigns in one year will widen the political horizon of the people and make them firm adher ents of the idea- of parliamentarism. . The Novoe Vremya, which has alllgn ed itself with the reactionists attacks the new 'election law as a half way measure affording the possibility that the revolutionary elements will again be able to enter praliament. A close study of the new election law which is a bulky document of 80 pages of complicated phraseology, has somewhat dispelled the feeling of gloom in liberal circles. The idea is gaining ground that the government has failed in its intention and that there is a possibility there will be an oppositional majority In the third parliament as in the case of its predecessors. Even un der the new law It is thought that the . constitutional Democrats will retain , control of the cities, though perhaps they will be swamped by the social Democratic prelateriat -in the elections of the second and poorer categories of urban voters. The constitutional voters also hope to return a considerable number of the 60 land owning representatives', whom the government believed would be exclu sively conservative. According to the disposition of a foreign diplomat who is in close touch with the court, the gov ernment has done either too much or too little. It has violated the funda mental laws, or constitution and laid It self open to the charge or accompnsn ing a coup d'etat without altering the election law sufficiently to produce the desired results The feeling In court ' circles against Premier Stolypin, who has undertaken full responsibility be fore his majesty for a speedy convoca tion of parliament on the present basis of suffrage is said to be bitter and he la alleged to be the object of a strong reactionary intrigue. The grant of seven parliamentary representatives to the Armenians and Tartars was decided upon at the last moment. The original plan was to dis franchise the Caucasus entirely but this was abandoned owing to the represen tations of Count von Vorontzeoff-Dash-koff, viceroy of the Caucasus, who Is now here fighting to save his political head. The holy synod has ordered the im perial manifesto to be read In all the ' churches next Sunday. The committee of the lower house of parliament consisting of twenty-two members appointed to investigate the charges against the social Democratic representatives, decided to issue its re port posthumously. It came to the conclusion that the evidence was too weak to justify the suspension of any of the accused deputies. Even moder ates like Prof. Kuamin-Karavaleff. the Democratic reformer, who opposed the surrender of any of the culprits against whom there were definite grounds for suspicion, acquiesced to this finding. He Saw a Floating Body. Ft. Monroe, Va.. June 17. Captain -McMan of the steamer Washington, which arrived from Washington at Old Point early today, reports having seen the body of a midshipman floating in Hampton Roads off Thimble Light. The discovery was reported to Admiral Emory and three launches were sent out at once to Thimble Light. Weather Indications. Chicago, June 17. Forecast for Kansas: Fair and continued warm to night and Tuesday; gentle southerly winds.