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The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, July 09, 1907, LAST EDITION, Image 1

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn82016014/1907-07-09/ed-1/seq-1/

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LAST EDITION.
TUESDAY EVENING.
topeka, Kansas, july. 9,1907.
TUESDAY EVENING.
TWO CENTS
MUST PAY IT NOW
Tax Commission Makes
First Official Ruling.
Its
Express Companies Owe
State $4,100.
the
ITS NEW EXCISE TAX.
Amounts to One and One-Half
Per Cent on Business.
Attorney for Companies Resists
the Payment.
In an official opinion given out today
the first official act In Its history
the new state tax commission today
held that the new law imposing an ex
cise tax of H4 per cent on the gross re
ceipts of express companies doing busi
ness In the state applies to the present
year, and that the express companies
must pay their first tax at once.
The amount involved for all the ex
press companies in the state Is only $4,
100, but the express companies through
tr-!- attorney, E. S. Quinton. strongly
opposed the levy of the tax for the cur
rent year. The companies claimed thai
the law enacted at the last session of
the legislature could not be retroactive.
The board holds, however, that in using
the 1906 gross receipts as a basis for de
termining the tax, the law is not retro
active, but is merely using the 1906 flg
s as a means to determine what
would be a fair and equitable tax.
The following Is the opinion of the tax
commission:
The law under which these proceed
ings are taken went into effect the 14th
of March, 1907. which provided in sub
stance that the express companies do
ing business in this state shall report
each year to the state auditor the
amount of their gross receipts and earn
ings made within the state, less the
amounts paid for transportation charges
for the year ending May 31. These re
ports are then required to be submit
ted to this board for investigation and
certification back to the auditor of the
amount of such gross receipts charge
able to each company, and upon these
amounts the auditor shall compute the
amount of tax to be charged to each
company at the rate of 1 per cent.
To render the law retroactive It
would be necessary that it should pro
vide for the levying of a tax for a per
iod preceding Its enactment. The ar
gument assumes that this Is what is
done by giving the law present effect, I
In that the amount of the tax to be
imposed and exacted Is computed upon
the gross receipts of the year preced
ing the taking effect of the law. But
the tax is a tax for the present year,
the gross receipts of the preceding year
are simply used as a means of ascer
tain the reasonable and just amount
which should be exacted, by each com
pany. This is not a tax upon proper
ty, nor are the receipts and earnings
as such taxed by this method. If It
was such a tax the rule of uniformity
and equality, prescribed by section one,
article two of the constitution, which
governs the assessment of all property
would be violated in its imposition.
The character of tax wnich this law
imposes upon express companies is one
strictly within the competence of legis
lative power, and the methods by which
the amount of the tax may be arrived
at is also within the power of the leg
islature to prescribe. The validity of
the law Is conceded by counsel. Its
application for the .present year Is con
tested. It seems to be assumed that
eince the receipts of the year preceding
the enactment of the law are taken as
a basis upon which to ascertain the
amount of the tax, it is a tax for that
year. But since this Is but a method
adopted to ascertain what amount of
tax should be imposed, the receipts of
any preceding year might have been
named as a basis for computing the
tax. without rendeiing It a tax of such
preceding year, or in any wise chang
ing its character.
The tax in question is In Its nature
an excise tax and the same is cor
rectly designated in the law prescrib
ing it as distinguished from a tax on
property to which express companies i
are nevertheless also subjected by the I
tax laws of the state. Taxes Imposed j
In this form are deemed to be a fran-
chlse tax. or a tax on the privilege of
doing business as a corporation within
the state. The fact that such a tax j
Is estimated by the receipts derived
for a designated portion of the business J
of the corporation, covering a previous
perioa. in tne case under consideration j
lor the year preceding the first of May, i
uoes. uoi '"iuer n a iai ui inai oui- j
.,:.- ..v.. i .r.pia v,rL..cu
from, but this is. construed to be simp-
ly a method adopted by the legislature j
by which a Just estimated should be ar- i
rived at of the amount of the tax to
be imposed.
Thus, tn Maine vs. Grand Trunk
railway. 142 U. S. 217, the statute of
Maine provided an annual excise tax
upon the franchises of railroads
should be graduated by certain per
centages upon the gross receipts from
transportation as returned to the
railroad commissioners, and divided by
the number of miles operated within
the state. It was held in that case that
although the gross receipts were of
mileage operated on roads partly with
in and partly without the state, this
method of taxation was not objection
able to the rule inhibiting a state to
tax Interstate commerce, since it was
not a tax levied on the business, nor
on the property derived from the busi
ness. "But," says the court, "a resort
to those receipts was simply to ascer
tain the value of the business done by
the corporation and thus obtain a
guide to a reasonable conclusion as to
the amount of the excise tax which
should be levied, and we are unable to
perceive in that resort any interference
with transportation, domestic or for
eign, over the road of the railroad
company, or any regulation of com
merce which consists In such trans
portation. If the amount ascertained
were specifically Imposed as the tax no
objection to its validity would be pre
tended, and If the inquiry of the state
as to the value of the privilege were
limited to receipts of certain past
years instead of the year In which the
tax is collected, it is conceded that the
validity of the tax would not be affect
ed, and if not. we do not see how a
reference to the results of any other
year could affect its character.!'
In the case of the Home Insurance
company vs. New Tork, 134 IT. S. 594,
a franchise of the tax was resisted by
the company upon the ground that
the tax was In fact levied irpon the cap
ita.! stock of the company, contending
that there should be deducted from It
a sum bearing the same ratio thereto
that the amount invested in bonds of
the united States bore to its capital
stock, and that the law requiring a tax
without sucn reduction was unconstl
tutional and vpid. It was held that
the tax was not upon the capital stock,
nor upon any bonds Included therein,
but upon the corporate franchise or
business of the company, but the
method resorted to was merely a
means of determining the amount of
the tax to be exacted each year, the
court holding that. "The validity of the
tax can in no way be dependent upon
the mode which the state may deem fit
to a'dopt in fixing the amount for any
year which it will exact for the fran
chise. No constitutional objection lies
in the way of a legislative body pre
scribing any mode of measurement to
determine the amount it will charge
for the privilege it bestows."
Different methods have been re
sorted to by the states by which to
compute the amount of tax to be
charged to corporations for the exer
cise of their franchise or corporate
privileges, but these are not, it has
been held a tax upon property, not a
tax on the stock, dividends, earnings,
or receipts from the business done, but
are the means employed to ascertain
what would be a Just tax to impose.
The same rule is recognized by the
supreme court of Kansas In the case
McNall vs. Insurance Co., 65 Kansas,
694.
This was a franchise tax upon insur
ance companies doing business in this
state. The method prescribed for the
ascertainment of the amount to be
exacted for each company was similar
to that laid down for express compan
ies. The amount received by them In
premiums for the year ending 31st or
December next preceding in this
state should be reported to the super
intendent of Insurance. The amount
of tax to be levied in the case of com
panies not organized under the laws of
this state two per cent and upon for
eign companies four per cent upon
the amount of premiums reported.
The same objection was urged in that
ease as In this, that the law if enforced
for the year 1899. the same year the
law was enacted, would be retroactive.
To this the court responds: "While It
is a principle of statutory construc
tion that laws are to be so interpreted
as to give them a prospective rather
than a retroactive effect, this rule is
not Infringed by sustaining the meth
od employed, which the law author
izes, of ascertaining the amount of the
tax to be paid by computing it from
the volume of business done in the
preceding year by the company sought
to be charged.
Counsel appearing before the board
on behalf of the express companies
seemed to think that certain remarks
made by the court in case cited rela
tive to the penalty prescribed for non
payment of the tax distinguishes that
case from this. The nature of the tax
is the same in both cases, and the
same power that is authorized to im
pose the one gives effect to the other.
The penalty for non-payment In the
insurance cases is the withdrawal of
the privilege by the state to continue
in business, but any other method of
enforcing the tax which would have
been effectual would have been equal
ly valid and the nature of the law
would have remained unchanged. The
necessity of adopting such an extreme
measure In the case of insurance com
panies was obvious. In the case of
express companies who have property
within the state the ordinary methods
of enforcing taxes would be suffi
ciently effective. The method of mere
ly enforcing a tax can have no effect
In obviating the objection to the re
troactive principle of a law.
The all sufficient answer both in
that case as well as In this is that the
tax not for the past but for the pres
ent year, and that the method of
computing the amount to be charged
f. . . . ...
for the present year is arrived at by
taking the receipts and earnings for
the preceding year.
The objection is by the board over
ruled July 8th. 1907.
XEW GKAIX concern;
Jolley & Blanchard Open Office
y Topeka.
tn
Jolley & Blanchard. grain merchants
have opened an office in the Central
National bank building for the purpose i sions of the organization assembled
of buying and selling grain. Mr. E. M. either In forenoon or afternoon ses
Jolley of the firm was for five years 8i0ns each of which had a program be
manager of the Kansas City house of j fore it. One of the most important
the Rosenbaum Grain company, one i Ty-as the combined meetings of the
of the biggest Chicago houses in the
business, and for the last two years
has been manager of the Missouri
Grain company. Mr. Jolley formerly
lived in Topeka and was In business
here as a grain buyer before going to
Kansas City.
Mr. A. g'. Blanchard, the other
member of the firm is a well known
Kansas grain dealer of Bennington.
The firm has a membership in the
Kansas City. Mo., board of trade and j
the St. Louis Merchants Exchange. 1
ana receives full cash market reports
from Kansas City and other centers
j,-. w)re daily
.
6,000 MILES IN AN AUTO
A Chicago Couple Make a Remarkable
Tour of Europe.
Chicago. July 9. Calvin S. Smith,
general agent of a life insurance com
pany has returned with his wife from
one of the most remarkable automo
bile trips on record.
Speaking no language except Eng
lish. Mr. and Mrs. Smith toured 4.500
miles in Europe without a serious I
breakdown or clash with foreign cus-
toms. Not having exhausted the pleas-
ures of motoring they toured several
eastern states on their return to this
country and then motored to Chicago.
Without once resorting to railway
trains they traveled a total distance of
6.000 miles In their car and only re
linquished it as a means of transporta
tion for the ocean passage. The en
tire trip cost them $4,000 and the ma
chine in which it was made 5,000.
One thing Mr. Smith said he had
learned from his trip was that the best
American cars are superior to the for
eign built cars of the same price. This
applies strictly to half a . dozen first
class American machines. The ma
chine In which the trip was made was
a 60-horse power touring car which
was shipped direct from the factory
to Genoa, Italy. On February 15 Mr.
and Mrs. Smith, accompanied by their
chauffeur, left Chicago and sailed
from New Tork for Genoa.
Conan Doyle to Wed.
New Tork. July 9. Special dispatches
from London report that Sir Arthur
Conan Doyle, the novelist, is to be mar
ried In September. Miss Jean Leckie,
the bride to be, lives with her parents
at Black Heath-
HAM ISJHE MAN.
Offered Position as Attorney
for Railroad Board.
GoYernor Hoch Telegraphs the
Offer Today.
NO WOIiD IS RECEIVED.
Supposed to Be Somewhere in
Xew York.
Appointee One of the Square
Deal Leaders.
W. B. Ham. of Stockton, Rooks
county, was today tendered the office
of attorney for the state board of rail
road commissioners by Governor E.
W. Hoch, and Governor Hoch thinks
that Mr. Ham will accept the office.
The following telegram was sent to
Mr. Ham today, directed to New York
city, where he Is at present visiting:
"W. B. Ham, Care Postoffice General
Delivery. New York, N. X.
"Ashbaugh resigned, as attorney to
board of railroad commissioners.
Want you to take his place. Great
opportunity to serve state. Do not fail
me In this matter. Letter sent to Al
bany. Wire answer as soon as possi
ble. Collect.
"E. W. HOCH, Governor."
Up to a late hour this afternoon,
no reply had been received from Mr.
Ham.
W. B. Ham Is the representative in
the. legislature from Rooks county,
and is also a candidate for the Repub
lican nomination for congress in the
I Sixth district. He Is one of the lead
ing lawyers of the state,' and Is
wealthy, having made his money in
the rise of western Kansas lands. He
is a strong ally of W. R. Stubbs, and
stood by the "square deal" crowd in
the house to the last ditch. He was
one of the Republicans who refused to
accept the senate compromise on the
primary election bill, and his speech
against the bill was one of the im
portant addresses of the legislative
session.
The appointment of Mr. Ham came
as a complete surprise. In fact. Gov
ernor Hoch had been keeping his
plans very quiet, and it was not even
known who he was considering for the
place.
'T have reason to believe," said Gov
ernor Hoch this morning, "that Mr.
Ham will take the place. Ham Is a
fine lawyer, and a splendid man. He Is
one of the strongest men in the state,
in my Judgment, and I believe that a
better man for attorney of the board of
railroad commissioners could not be
found."
"Will this mean that Hanr Is out of
the race for congress if he accepts the
place?" was asked.
"I don't see why It should," replied
Governor Hoch. "The congressional
fight does not take place for a year,
and if Mr. Ham makes good as attor
ney for the board, it ought to give him
added strength in his congressional race,
it seems to me."
There will of course be some who will
think that the appointment of Mr. Ham
Is for the purpose of removing him
from the Sixth district congressional
fight, in order to help clear the way
ror "?"" ,S I h.v. .
inmm s nnfir. who is said to have a
desire to go to congress.
HAS THEM GUESSING.
Miss Hailey of Chicago a Puzzle
Members of N. E. A.
to
Los Angeles. Cal.. July 9. The sec
ond day of the convention of the N. E.
A. was devoted entirely to depart-
ments.
All of the seventeen subdivi-
higher education, secondary education
and normal schools at the First Con
gregational church. The Indian edu
cation department, assembled at the
state normal school. The depart
ments of physical training, child study
and business education also met dur
ing the morning.
The national council convened for
Its second day's session in Beeran hall.
t . t V. Vinct Tinier") tti j nf t h P meet
tngs was before the council at its
morning session. There was no gen-
eral session during the day, but the
third meeting of the convention will
be held tonight at 8:30 p. m.
The mystery as to the probable po
sition of Miss Margaret Hailey of Chi
cago, toward the proposed new consti
tution and by laws of the association,
as well as her attitude upon the sub
ject of national officers, continued to
day to be the main topic among dele
gates and visitors of the convention.
Neither Miss Hailey nor any of her
followers in the Chicago Federation of
Teachers, have been seen at the con
vention or anywhere in the city. At
the Illinois quarters in the Hotel Alex
andra none of them has registered.
Nothing had been heard directly or In
directly from Miss Hailey since
dispatches from Chicago
an-
nounced that she had left that city
for Los Angeles at the head of a large
delegation of her followers preparea
for a vigorous fight Derore tne con
vention against the socalled "inner
circle" of the association and In favor
of the labor union among teachers.
It Is believed and almost feared
among the delegates that Miss Hailey
Is keeping her presence in the city a
secret and that at the last moment
she will appear In the convention with
a sufficient following to cause trouble.
There probably will not be more than ,
4 00 votes of active members In the
convention when the business meeting
convenes tomorrow when several mat
ters of Importance are to come before
it. A large portion of the 5.000 at
tendants at the convention Is composed
of associate members having no vote at
the meetings. A rush of registration
Just before the hour of meeting might
be made and sufficient votes mustered
to defeat the various projects that the
present leaders of the association have
in hand.
It was auietly bruited about among
leaders today that Miss Hailey would
attempt a new move and would sue
for an Injunction to restrain the con
vention from adopting the new constitution.
SHE SWELLED GAS
Deposition of the Woman Who
Cooked forBradley
Is Read to the Jury In the Hay
wood Case.
SHE BRANDS AS FALSE
Orchard's Story That He Took
Her to Theatre.
A Woman Tenant in the Flats
Also Testifies.
Boise, Idaho, July 9. The reading of
depositions covering 1 the Bradley ex
plosion In San Francisco claimed by
Harry Orchard as one of his crimes,
but disputed by the defense, as the re
sult of gas leakage, again occupied the
entire morning session of the Haywood
trial' today. When court adjourned at
noon Attorney Darrow announced that
the reading would, require a of the
afternoon session. There will be an
interruption immediately after recess,
however, to -enable the defense to call
a witness who Mr. ' Darrow declared
would have Important testimony to
give. Recess was ordered until 1:30
p. m. ;
With the prospect ' that another day
would have to be given over to the
reading of the San 'Francisco deposi
tions covering the explosion at the
apaitments of Fred W. Bradley In that
city, November, 1904. there were few
spectators in court this morning, when
the trial was resumed. Senator Borah,
who on yesterday divided the task of
reading with Attorney Clarence Darrow
of the defense, was indisposed this
morning and the prosecution's portion
of the burden fell on Mr. Hawley.
The day began with a continuance
of the testimony of J. B. Rellly, who
lived near the Bradley apartments in
Washington street. , Reilly declared he
had passed the apartment house, but a
few minutes before the explosion and
bsw a Japanesa seryant cleaning the
stoop and vestibule. He did not be
lieve it was within the range of possi
bility for anyone to have placed a bomb
in the manner indicated by Orchard In
the time which elapsed between his
passing and the report of the explosion.
Orchard testified that after placing the
bomb he boarded a street car and got
out of hearing before the explosion oe
curred.
l ne next deposition taken up was
that of Mra Charles Pickard, who as
Mrs. Crow had been employed by the
Bradleys as cook. She told of having
smelled gas m the house for several
days prior to the explosion and had
called up the gas .company, to com-
jjittin oa il.
Denies Orchard's Story.
Mrs. Crow denied absolutely that she
had been to the theater with Orchard as
he testified. She declared that he told
a falsehood when he testified to that
effect. The witness declared the ex
plosion was more like a thud than a
sharp report.
Attorney Darrow next took up the
deposition of Mrs. Lucy Cummings,
who occupied one of the flats in the
building with the Bradleys. She de
scribed the explosion as the most ter
rible noise she had ever heard in her
life. The witness and her husband
were at breakfast at the time and both
Jumped to their feet exclaiming:
"It's gas." Gas had been leaking
about the house for some time. Asked
If she heard one or two explosions,
Mrs. Cummings said there was just
one big noise. Rushing into the hall,
she smelled gas but no powder. The
witness did not know, however,
whether exploding dynamite smelled
like ordinary powder or not.
Mrs. Josephine Linforth, wife of
the owner of the apartment house,
made one of the affidavits read today.
She told -of the excitement of the Jap
anese servant, who had been cleaning
the front stoop just a few minutes be
fore the explosion occurred.
John J. Eckelman, a member of the
San Francisco department, who was
with the company which responded to
a fire alarm following the explosion
at the Bradley house, told of smelling
gas strongly when ne arrived at tne
scene. The explosion was not a sharp
report, as he remembered it, but a
loud roar.
Firemen Testify.
Several other members of the fire
department gave testimony similar to
that of Eckelman. one or tnese, jonn
W. Parry, said he had had consider
able experience with dynamite ex
plosions and they differed in sound
and effect from that at the Bradley
apartment.
All of the firemen said they heard
but one explosion. Parry declared that
the explosion at the Bradley apart
ment was louder than most gas ex
plosions he had heard.
Joseph Vincent De La Veaga, an
attorney of San Francisco, who oc
cupied the apartment directly under
the Bradleys. told in his deposition of
having smelled gas in the vestibule of
the house six or seven days prior to
the explosion.
CHARGED TOO MUCH.
Iowa Meat Producers Says They Are
Discriminated Against.
Washington, July 9. Charges that
the Burlington, the Milwaukee and
other western and northwestern rail
road lines are exacting excessive and
discriminatory rates from live stock
dealers of eastern Iowa were made to
I -i , tnt-AD,..A
W fh " M
Producers association of Iowa. It is
alleged that although the shippers of
Iowa send 70.000 car loads of cattle
annually to Chicago in addition to tens
of thousands of car loads of other
live stock they are compelled to pay
$17.80 per car more for such ship
ments than other shippers are re
quired to pay.
Senator Lons .to Speak.
' Wichita, July 9. Senator Chester I
Long will come to Wichita, Friday, July
12, to make an address. He will speak
at Wonderland Park. The management
has planned a day to be known as
Wichita day. and Senator Long is to
make the address.
EARLJSSUED.
American Wife of Rosslyn Asks
for a Divorce.
Both of the Parties Haye Been
on the Stage.
SECOND EXPERIENCE.
Divorced His First Wife for
Desertion In 1902.
Has a Record as a Soldier and
a Writer.
Edinburg, Scotland, July 9. The wife
of the Eail of Rosslyn, formerly Anna
Robinson of Minneapolis, has sued him
for a divorce. The earl is living in
Paris.
Lord Rosslyn, James Francis Harry
St. Clair Erskine, was born in 1869, for
merly a lieutenant in the Royal Horse
guards, for a time made his living as
an actor, appearing in a number of
plays In Europe and the United States.
In the former country, he did a ballet
turn In one of Plnero's Dlavs. which
caused much comment. He served with
Thornycroft's horse, at the relief of
Ladysmith and also acted as war cor
respondent during the South African
war. The earl was . first married in
1890 to a Miss Violet Vinerr from whom
he obtained a divorce on the ground
of desertion in 1902. On March 31. 1905,
he was married in London to Miss Rob-f
inson, youngest daughter of George
Robinson of Minneapolis, who for -a
time was on the stage in New Tork,
London and Paris. She made her debut
In the "Governor of Kentucky."
By his first wife the earl had one son,
born in 1892, who bears the title of Lord
Loughborough.
TORN TO TATTERS.
Tentative Agreement Between Packers
and Commission Men Wrecked.
Chicago, July 9. Flat and unani
mous refusal of terms of peace by the
commission men in Chicago yesterday
tore wide open again the breach be
tween the packers and the representa
tives of the cattle raisers here.
At a meeting held at the Saddle and
Sirloin club, with the largest attend
ance of recent years, the members of
the live stock exchange tore the report
of the arbitration committee to tat
ters and adopted an ultimatum which
will be presented to the packers today.
The terms of the ultimatum, the text
of which was kept secret by orders of
Joseph Adams, who presided at the
meeting, are in direct opposition to
the tentative agreement reached Fri
day by the heads of the big packing
houses and representatives of the live
stock exchanges of Chicago, St. Louis,
Kansas City. Omaha and Sioux City.
The position of the commission men
as indicated by their action of yester
day, is that the big packin- houses
shall not handle any of the tagged
neirers ana cows which are subject to
post mortem examination. This class
of cattle, if the commission men win
their point, will go to the independent
concerns.
HE IS ONE OF FOUR.
Admiral Ynmamota Is About to Visit
the United States.
Washington, July 9. Viscount
Aoki, the Japanese ambassador, has
been deferring his departure from this
city for his summer vacation in an
ticipation of the arrival of Admiral
Tamamota, who Is expected to reach
New York soon from Europe. The
admiral, who is one of the four officers
of the Japanese navy holding that
rank, is on his way home to Japan
but will spend some time in the
United States before sailing from San
Francisco or Seattle. His visit to this
country, however, is an entirely un
official one, although it is expected he
will be shown some courtesies by the
government authorities including a
visit to the president at Oyster Bay.
tie la expected also to go to Washing
ton for a brief period.
The admiral is accompanied bv sev
eral Japanese officers. An oppor
tunity will be afforded the visitors to
go through some of the big manufac
turing and ship building establish
ments If they care to do so, as it has
been unofficially stated this was one
of the purposes of the brief stay in
the United States. Admiral Yama
mota was one of the suite of Prince
Fushima on his visit to King Edward.
GERONIMO HIKES OUT.
Aged Indian Prisoner Makes TTnsuc
cessful Attempt to Escape.
Chicago, July 9. A dispatch to the
Tribune from Cache. Okla., says the
old Apache warrior Geronimo, who
terrorized the southwest for many
years with his bloodthirsty band, while
attending a celebration at Cache, under
parole as the guest of the Comanche
chief. Quanah Parker, made an at
tempt to escape across the Texas Pan
handle into New Mexico.
Geronimo was missed from the In
dian camp several hours, and a de
tail of soldiers from Fort Sill captured
him several miles out of Cache yes
terday. The old warrior had heard of the
troubles of the Apaches In Arizona,
who, according to reports, have threat
ened to go on the warpath. The chief
says he wanted to go with his people
and help them fight.
9 Against the Rohrbaugh Estate.
Ottawa, July 9. Attorney W. J.
Costigan has filed In probate court a
claim of $200 against the Rohrbaugh
estate for services rendered the late
S. B. Rohrbaugh. W. H. Clark who
was a trial attorney In the case has
filed a claim of $100 and it Is under
stood that Judge Benson -will file a
similar claim.
W.-Bther Indications.
Chicago, July 9. Forecast for Kan
sas: Fair tonight and Wednesday.
JUST A LITTLE COOLER.
Twelve Mile Breeze Makes Life W orth
Living.
- The prediction of cooler weather to
day failed to materialize to any great
extent though the mercury will prob
ably be several degrees short of where
It was yesterday when the record for
the season was broken when it takes
a downward spurt. A cool 12 mile
an hour wind has been blowing from
the south all day, as it has for the
past week, which tempers the atmos
phere somewhat.
The showers which have been hang
ing about in plain sight all day have
so far failed to add their might to re-ducini-
the temperature and the fore
cast for tonight and tomorrow indi
cates that they mav change their base.
Fair is the prediction for tomorrow
with small chance that there will be
any great change in the temperature
of today. Last night was not as un
comfortable as it was expected that
it would be following the high tem
peratures of the afternoon. The tem
peratures for today have averaged
from five to ten degrees lower than
yesterday and were as follows
7 o'clock 75
11 o'clock 85
12 o'clock 85
8 o'clock 78
9 o'clock 79
10 o'clock 82
1 o'clock 86
2 o'clock..' 86
CROSBY BROS. COMPANY.
The Big Department Store f Incorpo
rates Its Concern.
Crosby Brothers Company is the
striking new name of the great mer
cantile establishment of Crosby
Brothers which filed incorporation
papers with the secretary of state to
day, "--x.
The directors named in the charter
are W. T. Crosby, E. H. Crosby. Wil
liam Connors, Earl Williams and C.
B. Crosby. The capitalization Is
$250,000.00 of which $200,000 is
paid in.
The officers of the company are W.
T. Crosby, president; William Con
nors, vice president, and E. H. Crosby,
secretary and treasurer.
This is another step forward in the
marvelous progress made by this en
terprising concern since it was started
in Topeka In 1880 by W. T. and E. H.
Crosby. At the beginning there were
only three people employed and the
entire floor capacity was but little
larger than the space now used for
their offices.
William Connors Is at the head of
the furniture and carpet department
and has long been associated with the
firm. Earl Williams is a nephew of
the Crosby Brothers and for many
years has been floor manager and in
charge of the dress goods department.
C. B. Crosby is a son of E. H. and is
more familiarly known as Bernard. He
has been with the concern in various
capacities, for the last year or more In
charge of the department Including
ladies' furnishing goods, gloves,, um
brellas, underwear, notions, etc.
There is no more progressive nor
enterprising concern In Topeka than
the Crosby department store. There
is nearly always something doing
there in the way of expansion of Inter
ests, increase of facflities and a con
stant growth in the business. The
store now includes four floors with a
frontage of fifty feet on Kansas ave
nue and 110 feet on Jackson street. In
addition to the forty-five feet of Jack
son street property purchased a few
days ago by the firm and the three
story building owned by Crosby Bros,
and occupied by the wholesale house
of L. Beard & Son.
There are on the pay roll of the
Crosby Brothers company from 135 to
150 people. Sixty-five others are em
ployed in the dressmaking and millin
ery departments allied with the con
cern and doing business under the
same roof.
A dozen years ago Crosby Brothers
bought out the big Stevenson & Peck
ham store at 717 and 719 Kansas ave
nue and since that time have been ad
ding new departments and new space
till they have acquired their present
mammoth quarters with modern equip
ment, fine facilities and standing of the
highest order.
The brothers have both heen fore
most in matters pertaining to the city's
growth and welfare and are continually
doing with their money and personali
ties the things which make Topeka a
greater commercial center and a beau
tiful city of homes and culture. They
are large owners of the two woolen
mills here and are at present increas
ing the capacities of these factories to
turn out new products and employ
more people. Mr. E. H. Crosby is vice
president of the Capital National bank
and one of the most active members
of the Topeka Commercial club.
The incorporation of Crosbv Brothers
gives the firm the added importance and
weight of the more vital, personal in
terests of several heads of departments,
long identified with.- the concern's
growth and presperlty. and will be ta- j
ken as another one of the many mile
stone in the expansion of a store of
which Topeka is proud, and of a city
of which the Crosby Brothers' company
is proud.
The company does not intend to sell
any stock to any one outside of the
establishment.
MAY PLEAD INSANITY.
Runyan Says "Xot Guilty" When Ar-
'raigned iu Court.
New York. July 9. That a plea of In
sanity may be the defense of Chester B.
Runyan, the paying teller of the Windsor
Trust company, who is charged with ab
stracting "$96. of the trust company's
funds, was indicated by his counsel when
Runyan was arraigned in court today.
On behalf of Runyan his counsel entered
a. plea of not guilty of the charge of
grand larceny and asked for an adjourn
ment f the case until Monday. He said
he had been informed that the prisoner s
maternal grandmother had died in an In
sane asylum and that Mrs. Runyan be
lieved her husband's mind affected. Run
van's attorney said that he entered a nlea
of not guilty with the privilege of with
drawing It ana aemurnng to tne indict
ment with the view of asking for the an-
pointment of . commission.
Defends Gibson I -aw.
Lincoln, Neb., July 9. Attorney
General Thompson today filed a brief
in the supreme court here In defense
of the Gibson law which purposes to
force breweries out of the retail busi
ness in Nebraska. The brief was filed
In connection with a petition for a
writ of habeas corpus asked by Julius
Rusch of Lincoln, arrested on a
charge of wholesaling In liquor while
having only a retailer's license.
POLITICAUJOSSIP
Has John Q. Koyce Congres
sional Aspirations?
He Refuses to Put Himself on
Record.
EXPECTS A PRIMARY.
Mr. Reeder Can Hare One if He
Wants It.
Not Opposed to One in Congres
sional Elections.
Is John Q. Royce planning to get Inn
the congressional fight in the Sixth dis
trict? Many of Royce's friends are wonder
ing whether the Phillipsburg editor and
state bank commissioner of Kansas will
decide to take a chance at the honor.
When Mr. Royce himself was asked to
day whether or not he would be a can
didate, he said:
"Ed Hoch once asked me to write .1
letter for him declining a nomination.
I refused to do so, because I didn't warn,
to get into the habit of declining things."
Which answer would Indicate that Mr.
Royce would not dislike the Idea of gel
ting into the Sixth district fight.
"I believe," said Mr. Royce, "that
there will be a primary election In the
Sixth district to settle the congressional
fight. If Mr. Reeder wants a primary
and he says he does he can have it, for
I think he controls the congressional
committee.
"For my part, I am not opposed to a
primary in the congressional elections.
Some people have tried to make It ap
pear that I am a bitter and implacable
enemy of the direct primary. I am not.
I only oppose the plan of primary com
monly known as the Stubbs plan. I am
opposed to a primary for state officers,
and I am opposed to any plan which al
lows Democrats to vote at a Republican
primary or vice versa. A state wide
direct primary Is a bad thing for the
western part of the state, and the peo
ple out there who are trying to climb In
to the state primary band wagon will re
alise that fact one of these days. If
we could have a state primary which
requires a majority to nominate, I would
not oppose it. A direct primary with a
majority nomination attachment would
give evrybody a fair show. It might
cost a good deal, but if we are going to
purify politics, let's purify them regard
less of expense. Expense should cut no
figure. No matter If we have to have
half a dozen primaries to select our can
didates, we should do it by a majority
vote.
"However, I am a believer In the con
vention system. It Is the best plan there
is for nominating state officers. What
would be of much irtore value would be
a law t compel people to vote at th
party caucuses at which delegates to the
state convention are elected. The cau
cus is the weak place In the convention
system. Three or four of the politicians
can get together and elect delegates to
suit themselves. If we can purify the
party caucuses we will be getting to
the bottomsfthe purification of politics
"Under t'he direct state wide primary,
the people who would profit would b.'
the people who hold jobs and the rlc'
men. The primary election is a Tin
man's game. No poor man could afford
to run for office. It is also a mlghtN
good thing for newspapers. It wouM
raise the market value of every news
paper m Kansas. A newspaper woul-'
have campaign advertising space to sel!.
and he could make the candidates pay
his price. It will raise the value of my
little county paper. But I am opposoc
to the primary, nevertheless."
"HOME IS WRECKED.
Three Members of the Family Injnr-!
by Tornado.
Bloomfleld, Neb., July 9. A torn !
swept the country near Alda, in soui:
em Knox county, Sunday night, i;i
jurlng four persons, one fatally an :
destroying several buildings. Ttv
home of Eli Olsen was wrecked
Olsen's mother was fatally injured
His wife had several ribs broken an 1
was injured Internally, and a six-year-old
daughter received serious bodllv
injuries. The Lutheran church In
Columbia township was wrecked and
a score of small buildings blown
down. Crops were damaged by hil.
Telephone wires were destroyed, in
terrupting communication.
AS FRANCE SEES IT.
American Xaval Movement Is a
of Pence, Xot War.
Sljril
Paris, July 19. The French gov
ernment greatly deprecates the
alarmist view of the Japanese-American
situation taken by a section of
the Paris press and its inspired state
ments, based presumably on th for
eign office's advices, placing the most
optimistic construction upon the plans
to dispatch the American fleet to the
Pacific were given out this afternoon
as follows:
"Much surprise Is manifested In
diplomatic circles over the excitement
caused by the plan to send the
American battleship fleet to Pacific
waters. Instead of the step causing
alarm there is reason to believe that
the decision of the American govern
ment Implies that the negotiations
proceeding between the Washington
and Toklo cabinets are making fav
orable progress. The American gov
ernment beyond doubt would not or
der this naval movement. If It was
Ukely to embarrass the negotiation
which have been going on for om
time between the two countries."
The Defords' European Trip.
Ottawa, July 9. Mr. and Mrs. W. A.
Deford. now of New York, have mad
their plans for a trip to Europe and
will sail July 30 on the Wl'heim der
Grosse.- They will land at Cherbourg
and expect to spend about six weeks
on the continent and In Great Britain,
returning to New York about Sept.
15. Their Itinerary Includes France,
Switzerland, Italy, Germany, England
and Scotland,

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