OCR Interpretation

The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, March 17, 1908, LAST EDITION, Image 1

Image and text provided by Kansas State Historical Society; Topeka, KS

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn82016014/1908-03-17/ed-1/seq-1/

What is OCR?

Thumbnail for

Hints of Trouble at Democratic
Committee Meeting.
Were In Secret and Only Little
Leaked Oat.
Clashed Frequently With Chair
man W. II. By an.
No Effort Made to Iron
Governor Contest.
There was only one feature of the
meeting of the Democratic state central
committee Monday afternoon which
was open to the public, and that was
the roll call. The roll call took place
at 4 p. m., and immediately afterwards
the committee, on motion of John At
wood, went into secret session, and
continued in secret session until nearly
7 o'clock, when the meeting adjourned.
It is said that the meeting was a
Ii. J. Harrison of Sherman Cuuu i , Latest Democratic Candidate
for Governor.
Btormy one. The friends of Chairman
Ryan and ex-Chairman Bill Sapp
clashed at frequent intervals, and the
general result seems to have been that
the committee decided to hold a state
convention on June 10, provided that by
May 18 there are not Democratic candi
dates announced for all the state offi
ces. The object of holding a conven
tion, or conference, is merely to All up
the vacant places on the state ticket,
if there are any vacant places. The
Democrats want to be sure that they
have somebody running for every office.
One of the features of the meeting,
it is said, was the effort of Colonel Bill
Sapp to shear Colonel Bill Ryan of
some of Ryan's power. Sapp objected
to Ryan being chairman of the commit
tee and running for governor at the
same time. Ryan said that he guessed
be could do the two jobs at once all
right. Then Sapp wanted to have a
special committee of five appointed to
look after the organization of Bryan
Volunteer clubs throughout the state,
and practically take charge of the cam
paign in the state, but the committee,
it is said, decided to make no plans for
the campaign at present.
Ex-Congressman J. D. Botkln. Can
didate for Governor.
No effort was made at the meeting to
iron out the fight for governor. In fact
the action of the committee in post
poning the convention until June 10
was a victory for the candidates who
wanted to fight out the governorship
before a primary instead of before the
The impression seems to be that there
will be a dark horse candidate for gov
ernor who will sweep the board when
the time comes. John Breidenthal may
be the "dark horse" provided he will
consent to run. The only objection to
Breidenthal is that he is in the bank
ing and trust business clear up to hl3
neck, and the old time Populists are not
Inclined to love bankers. The Demo
crat! are very anxious to find a candi
date who will make a big hit with the
old time Populists. Of the three can
didates announced, they think that Rev.
Jerry T. Botkln Is the best for this
Judge W. S. Glass of Marshall county,
now member of the state tax commis
sion. Is talked of as a candidate for
governor, but he says he does not want
to run. The same is true of George
Hodges, senator from Johnson county.
Both Glass and Hodges are very able
Judge A. B. ' Reeves of Dodge City
has also been mentioned for nomina
tion as governor, but Judge Reeves
says that he won't stand for it, or for
any other state office.
W. H. Kemper of Topeka has de
clined a boom for the office of lieu
tenant governor.
Grant Hornaday of Ft. Scott, In an
interview in the Ft. Scott Tribune de
clares that Senator Long is a greater
man than In gal Is, and that Taft is
300' per cent better than Roosevelt.
This interview was called forth by
the remark that Senator Long was
filling the seat once occupied by In
galls. "Long is a much more useful sen
ator than Ingalls was," said Mr. Horn
aday. "It is true that he is not the
literary genius Mr. Ingalls was, but I
believe him more capable of doing
things that count."
Comparing Taft and Roosevelt, he
says that he believes Taft is 300 per
cent stronger than the president. Mr.
Hornaday likens Taft to the McKin
ley type of statesman, saying of him
that he proceeds with a stateliness
and dignity that is free from bluster
or anything that tends to the spec
tacular. "We have gone so fast that
the reaction should be slow. The re
action is so violent," says Mr. Horna
day "that we have our present day
condition of affairs. Roosevelt set
the pace and while headed in the
right direction, is going too furiously.
I believe that Taft, with his delibera-
tion and big mlndedness, will be bet
ter for the work to be done."
Cyrus Leland, Republican candidate
for governor, has pulled off one of the
greatest political coups of the cam
paign, if the reports being circulated
about the Copeland are correct. He
has fixed things so that he will control
the solid vote of the Leavenworth Sol
dlers' home, and no one even suspect
ed what was going on.
The story Is that John Kitchell, the
political sage and prophet of Copeland
county, who a few weeks ago became
an inmate of the Leavenworth Soldiers'
home, was really the political ambas
sador of Mr. Leland, sent to the sold
ers" home to line up the veterans for
Leland for governor. Kitchell has been
a faithful friend to Leland through all
kinds of weather, and now that he Is
safely established In the soldiers home.
he will be in a position to swing the
vote of that institution as easily as he
controlled the vote of Copeland county.
John Kitchell is no spring chicken in
politics. He is one of the old school.
He has been in the political game so
long that nearly all the people who
were playing when he started are dead,
Cyrus Leland is one of the survivors,
and the natural affection for the good
old times brings Kitchell and Leland
close together in political affairs. Kitch
ell stayed around the Copeland until
the Stubbs headquarters were estab
lished there; he stayed until the pri
mary election law was passed, and the
last state convention held; and then
the changed atmosphere seemed to in
terfere with his health. He lost his
physical vigor, and was really in a
sad condition. Everyone was glad when
he got an opportunity to go to the sol
diers' home. But no one suspected
what it meant. The Foxy One had
gained another political triumph.
Arrangement have been made by
the Democrats to have three speeches
from W. J. Bryan on April 4, when
Mr. Bryan is on hia way to Denver.
Bryan will speak at Hutchinson In
the morning-, at Dodge about noon,
ana at Garten City In the afternoon.
Big meetings will be arranged by
the Democrats at these three towns
on the day mentioned.
The Fifth district congressional
convention will meet at Abilene on
Wednesday for the purpose of select
ing two delegates to the national con
vention. There are five candidates for
delegates, and they are all for Taft.
The five candidates are J. D. Heusted
of Clay Center, J. D. Colt of Manhat
tan, Earl V. D. Brown of Concordtia,
G. W. Schmidt of Geary county and
R. T. StanfiehJ of Belleville.
The fight for delegates will prob
ably divide up on the lines of congres
sional factionalism. There may be
some interesting developments in the
congressional fight. Congressman
Calderhead will probably not attend
the convention.
S. M. Porter of Canej senator from
Montgomery county, is planning to
start for Europe again in a few weeks
for the purpose of finishing up the
work of financing hia railroad.
Application for Receiver Withdrawn.
Guthrie, Okla., March 17. A special
to the State Capital from Tecumseh
says that the state has withdrawn
from the suit to dissolve the alleged
merger between the Frisco and Rock
Island railroads, that part which asks
that a receiver be appointed for the
Senator La Follette Closes De
bate on Aldrich Bill
With a Denunciation of
Leaders of finance.
And Morgan Held Responsible
For the Panic.
Were No Commercial Reasons
for It, He Says.
Washington, March 17. Declaring
that the recent financial stringency in
the country was brought about by the
Influence of "Standard Oil" and J.
Plerpont Morgan, Senator LaFollette
of Wisconsin, today in a speech prac
tically closing the debate on the Aid-
rich currency bill entered upon a de
nunciation of men high in the financial
"There were no commercial reasons
for a panic." said Mr. LaFollette.
'There were speculative, legislative and
political reasons why a panic might
serve special interests. There were
business scores to settle. There was
legislation to be blocked and a cur
rency measure suited to the system to
be secured. There was a third term to
be disposed of, and policies to be dis
credited. "A panic came. I believe that It
needs only to be followed step by step
to show that It was planned and ex
ecuted, insofar as such a proceeding
is subjected to control after once in
motion. Such a statement, without
support in facts warranting it, would
deserve condemnation. To withhold
such a statement to shrink from plain
speech setting forth the facts insofar
is they can be uncovered, is in the dis
cussion of this legislation a plain pub
lic duty.
He recounted in vivid language nis
views of the events of October 24, when
Wall street was in the throes of the
currency stringency.
'For the first time since the panic
began, 11:30 o'clock arrived and every
body on the floor of the stock exchange
was wildly seeking money at any
Drice. Interest which had for several
days ranged from 20 to &0 per cent, be
gan to climb higher. Settlement must
be made before 3 o ciock, money must
be forthcoming or the close of the bus
iness day would see wall street a mass
of ruins and banks and trust com
panies on the brink of collapse.
Wall Street's Frenzy.
"How perfect the stage setting-.
How real it all seemed. But back of
the scenes Morgan and Stillman were
in conference. They had made their
presentations at. Washington. They,
knew when the next Installment of
add wouldi reach New Tork. They
knew just-how much it. would be.
They waited its arrival and deposit.
Thereupon they pooled an equal
amount and held it. Then they
waited. Interest rates soared. Wall
street was driven to a frenzy. Two
o'clock came and interest rates ran
to 150 per cent, the smashing of the
market became terrific. Still they
waited. Union Pacific declined 10
and one-half pollute; Northern Pacific
and other stocks wen aown in like
proportion. Five minutes passed- ten
minutes past 2 o'clock. Then at
precisely 2:15 the curtain went up
with Morgan and Standard Oil in tlhe
center of the stage with money real
money, twenty-five millions of money
giving it away at 10 per cent.
" 'Oh uncrowned king.
None but himself can be his parallel
Even to the dullesf person standttng
Who fastened, still on him a wan
dering eye;
He seemed the master spirit of the
"And so ended the panic.
"How beautifully it all worked out.
They had the whole country terror
ized. They had the money of the
depositor of banks of every state in
the Union to the amount of $500,-0-00,000,
nearly all of which was In the
vaults of the big bank groups. It
supplied big operators with money
with which to squeeae out investors
and speculators at the very bottom
of the decline, taking the stock at am
enormous profit. In this connection
the operations of Morgan and Stand
ard Oil furnish additional evidence of
the character of this panic. We have
record proof of their utter contempt
for commercial Interests, not only for
the country generally, but for legiti
mate trad-e in New York city as well."
The Morgan amd Standard Oil
banks, he said, pursued in that criti
cal moment the course of the specu
lating bankers.
They ministered." he said, "to the
needs of Wall street, quite deaf to the
appeals of commerce. Their course
was that of men, however playing
with the credit of -file country for a
Powder Mill Explosion Also Broke
AU the Windows in Town.
Linton, Ind., March 17. Four men
were killed and from 15 to 20 were
seriously Injured this morning in an
explosion at the United States Pow
der mills, 14 miles from here. The
explosion occurred in one of the ten
wheel houses. All the men killed and
injured were employed In this build
ing. The dead are:
The powder mills are located at
Obalmont. All the windows In the
town were shattered by the force of
the explosion. Many plate glass win
dows were broken out. The explosion
was heard for miles. Physicians were
sent from surrounding towns.
New Rural Carriers.
Washington, March 17. These rural
free delivery carriers have been ap
pointed: Kansas uoeral, route No. 3,
xnomas jnix, carrier, Berry J. Nix,
substitute; Natoma, route No. 3, Ira
L. Brown, carrier, Etta H. Brown, sub
Promise la That It Will Change More
The lower half of the weather flag
which has been white for days past
is wearing a lower naif .of dark blue
today as an Indication, or the unset
tled condition of the weather and the
possibility of a drop in the mercury
accompanied by rain. Extremely cold
weather prevails to the west of
this section of the country
and in Winnipeg the mercury regis
tered 20 degrees below zero last night
while the mercury in the ' Dakotas
was almost as low.
Kansas is not included In the areas
of low temperatures predicted for to
night and tomorrow there will be a
decided drop when compared with
those of today and overcoats will
probably be in demand again. There
is no danger however, of a sufficient
drop to cause damage to the fruit
crop as the storm is not headed in this
direction. A 20 mile an hour wind
has prevailed all day from the south
east and- dust has been mo vine- freely.
The temperatures since 7 o'clock this
morning are indicated by the table
o'clock 44
o'clock 47
o'clock 55
o'clock. 55
o'clock. . . . .67
o'clock 60
o'clock 61
o'clock 62
Attorney Wanted One in State
Supreme Court.
Objected to RefereeMakingFind-
ings in Ccffey ville Ouster Suit
Prospect of the unique spectacle of a
jury trial In the Kansas supreme court
was knocked out this morning when
the seven Justices denied the motion of
Mayor J. H. Wilcox of Coffey ville to
set aside the court's order that Charles
D. Welch should take the testimony,
and instead to allow Wilcox a trial by
The supreme court justices thought
tnat it would be an unnecessary waste
of the time of the seven justices to
preside over the taking of. testimony
in the case. But. they amended their
former order so vthat Commissioner
Welch will not make findings of fact
to the court, but will merely take the
testimony offered,' and leave it to the
judges to make the findings of fact.
Wilcox's motion was as follows:
"Now comes the defendant, J. H. Wil
cox, by his attorney, Joseph P. Rossiter,
and moves the court to set aside the
appointment heretofore made of a com
missioner to take testimony In the
above entitled case, and allow the de
fendant a trial by jury and require
witnesses to be produced, and require
the evidence to be taken in open court
before a jury.
The cases ssntnst Wilcox. and
against the tiry oisjotfeyville are ous
ter suits, similar to those filed against
other cities and city officials where
joints are licensed contrary to law.
In the contempt case against Mayor
Everhardy of Leavenworth, - growing
out of an ouster suit, in which Shef
field Ingalls was appointed to take tes
timony, the court also made an order
relieving Ingalls of the duty of making
findings of fact. Ingalls will simply
take the testimony.
The last time the supreme court al
lowed a case before it to be tried by a
jury was about 25 years ago. At that
time, W. A. Johnston, now chief Justice,
was attorney general. The case was a
quo warranto suit Drougnt against
County Attorney Foster of Saline coun
ty. Foster was accused of improper re
lations with the saloon Keepers oi nis
county, and he demanded a jury trial.
The record show that the court "ex-
gratia" allowed the request. "Ex-
gratla" means that the court aian t
have to do it if he didn't want to, but
decided to humor Mr. Foster.
The law places it entirely within tne
discretion of the supreme court whether
it will allow a jury trial in original pro
ceedings before it, but the practice of
the court shows that such occurrences
are of extreme rarity.
Admiral Will Haul Down His Flag at
San Francisco'.
San Francisco, March 17. A special
dispatch from San Diego, Cal., con
tains news of an announcement today
bv Rear Admiral Evans, commander
of the Atlantic fleet, that upon its ar
rival at San Francisco ha would retir
from command because of ill health.
This announcement officially confirms
the report from Washington that Ad
miral Evans would haul down his flag
upon arriving at San Francisco.
Thomas to Succeed Evans.
Washington, March 17. At Ad
miral Evans' personal request he will
be relieved of the command of the
battleship fleet on reaching San Fran
cisco. Rear Admiral Thomas, the
next in seniority will succeed Admiral
Evans In command of the fleet. It
has not yet been determined whether
Admiral Thomas will bring the fleet
around the world to the Atlantic sta
tion or not. It is expected that this
detail will be decided on shortly.
He Has Been Caught Stealing Water
From the City.
New Tork, March 17. Discovery of
a second eight-inch main through
which Sine Sing prison, it is alleged,
has been surreptitiously obtaining New
York citv water. Is reported to water
Registrar Padden by Chief Inspector
Hannon. All tne mains or wnicn me
city has knowledge," Mr. Padden said,
"were two S-Inch ones with meters.
We have now found two 8-inch, both
without meters."
Mr. Padden has -asked State Super
intendent of Prisons Collins to send a
representative for a conierence over
terms of payment by the state for
water taken and to agree to an agree
ment for further use of the two
Weather Indications.
Chicago, March 17-r-Forecast for Kan
sas: Partly cloudy with prooaoiysnow
ers In north portion tonight or Wednes
day. .
Prosecution of the Chesapeake
& Ohio Is Ordered
Following a Report by Commerce
Commissioner Lane.
Participate in Fraudulent Prac-
tices, It Is Charged.
Resulted in Rates Below Those
Legally Established.
Washington, March 17. Criminal
prosecution, it is' indicated officially,
will be Instituted against certain of
ficials of the Chesapeake & Ohio Rail
way company and certain favored
spheres by that line on account of
what is asserted to be illegal practices
relative to interstate shipments. It
appears from the findings of the in
terstate commerce commission that
the Chesapeake & Ohio favored cer
tain shippers "at the expense of the
Seaboard Air line and Atlantic Coast
line" in the shipment of grain and
packing house products and that the
shippers thus favored gave to the
Chesapeake & Ohio, "all of the in
bound business of the shippers so fa
vored by it.
A hearing on the matter of these
practices was held in Richmond, Va.,
in February by the interstate com
merce commission, the evidence being
taken by Commissioner Lane. The
commissioner has submitted his re
port to the full commission. It has
been approved and Attorney General
Bonaparte has been requested by the
commission, to institute through the
United States district attorney at
Richmond, proceedings against all
parties involved by the evidence ad
duced. Following Is the text of Commis
sioner Lane's report of the practices
complained of:
"For some years a fraudulent prac
tice participated in by certain dealers
in grain and also by certain dealers
in packing house products and also by
the Chesapeake & Ohio railroad com
pany has obtained at Richmond by
means of which this railway company
has favored such shippers at the ex
pense of the Seaboard Air Line and
the Atlantic Coast line. Its southern
connections. This practice has result
ed in the obtaining for such shippers
of rates less than local, rates over the
Seaboard Air line and Atlantic Coast
line for shipments of grain and also
for shipments of packing house pro
ducts, which local rates such ship
ments were legally bound to pay. This
result has been accomplished by
means of transferslips Issued by the
station agent of the Chesapeake &
Ohio Railway company on the written
instructions of the assistant general
freight agent of this railway company,
said transfer slips falsely conveying to
the Southern lines the statement that
shipments had originated at points
beyond Richmond and were entitled
to be moved from Richmond to des
tination in the Carollnas at a division
of a through rate, such division being
less in amount than the local rates to
which these shipments were legally
"The benefits of this arrangement
have been reaped by the shipments
enjoying it aind also by the Chesa
peake & Ohio Railway company.
which -whether by express agreement
or not has received all of the in
bound business of the shippers so
favored by it.
It also further appears that the
assistant general freignt agent of the
Chesapeake & Ohio Railway company,
responsible for the above abuse, on
discovering that the same was under
investigation by special agents of this
commission, undertook to make
amends for the same to the Seaboard
Air line and the Atlantic Coast line.
To this end! he ordered that a list be
prepared of all cars which had, by
his orders, been moved at a division
of the Joint through rate less in
amount than the local rates to which
they were legally subject.
"Being informed by one of his
subordinates that this list would be
a very long one, he then gave orders
that the list should only show the
cars moving during the months of
August, September and. October, 1907.
Having been furnished with a list
covering these three months, he for
warded It with a statement that
showed 'all cars misfilled which he
had been able to discover.
"It also appears that certain records
of the Chesapeake & Ohio Railway
company have been destroyed contrary
to the provisions of the act to record
commerce. The testimony showed that
the freight claim, department of this
railway is under the charge of the as
sistant general freight agent, he being
the official responsible for the false
transfer slips above referred to.
"The testimony further shows that
the auditor of disbursements on re
ceiving from the freight claim office,
claims from shippers with direction
that they be paid inquires no further
into the merits or legality of such
claims than to ascertain from the au
ditor of freight receipts that the
shipments to which the claims relate
have moved and that the charges
have been collected. All claims so
passing through the freight claim of
fice and pasted upon the order of the
assistant freight agent prior to Jan
uary 1, 1906, were destroyed during
the latter part of that year. This de
struction appears to have been made
by the auditor of disbursements -under
authorization of the comptroller
of the Chesapeake & Ohio Railway
"So far as the matters disclosed are
criminal in their nature they will be
referred to the United States district
attorney at " Richmond with the re
quest that prosecution be instituted
against all parties therein involved."
Admiral Sperry Will Command Fleet
on Return Trip.
Washington, March 17 Rear Admiral
Charles S. Sperry - win Drlng the bat
tleship fleet from San Francisco to the
Atlantic coast by way of the Sues ca
nal This detail was announced by Sec
retary Metcalf late today.
Sole Survivor of the "Light Brigade"
.Passes Away.
LaJara. Col., March 17. William
Nelms, who claimed to be the last
survivor of the "Noble Six Hundred"
at Balaklava, is dead at his home in
Manassa, southeast of here, aged 90.
He was wounded in the head at
Balaklava, afterwards fought at Se
vastopol and was wounded in the leg
at the battle of Inkerman. He was a
member of the Queen's guard for 15
years and drew a pension from the
English government. He came to
America in 1872, and later came
west, settling In San Luis valley 19
years ago.
United States Orders Another
Warship to Hayti.
European Capitals Much In
terested in the Situation.
Washington, March 17. The Hay
tien situation is described by the state
department officials today as decidedr
Iv more grave than at any time since
the revolution has been in progress
there. Dispatches received early in
the day are to the effect that the
Haytien government has reversed its
decision to allow the refugees in the
foreign legations to leave the coun
try. They will not be allowed to do
As ft further protection to Amerl
can interests in the island the cruiser
Des Moines was ordered to proceea
at once to Port Au Prince from
Guatanamo The gunboat Eagle was
dispatched there yesterdlay. It is esti
mated the Des Moines can make the
triD in approximately 15 hours. The
onlv instructions given are that
American interests shall be pro
Foreign Cruisers Arrive.
Port Au Prince. March. 17. Two
foreien cruisers have arrived here,
the British Indefatigible and the Ger
man Bremen. The first came in last
night and the German vessel arrived
this morning, xne coming or iwoigu
shins of war to Port Au Prince is a
surprise to the people.- The lives of
foreigners are not considered to be
in danger. Today the situation is
The Indefatigible steamed into the
harbor at 8 o'clock last night and atn
nounced her arrival by three cannon
shots. These detonations at this late
hour created a small panic in Port An
Prince. but calm was quickly re
stored as soon as the reason of the
firing was made known.
StiU Critical.
Paris, March 17. Official dis
patches received here from Hayti in
dicate that the situation there is still
critical for foreigners. M. Carteron,
the French minister, reports that
fresh executions ccurred last night,
but he does not give the number. He
says that previous to last night 27
had been executed. He describes M.
Lecomte, the minister of the interior,
"as blood thirsty." Further reprisals
are feared and-there is still danger of
attack on the foreign legations and
consulates. The French cruiser
D'Estres is expected at Port Au
Prince momentarily and it is expected
that an American warship haid al
ready arrived at Gonalrca.
M. Carteron says nothing about any
change in the attitude of the Haytien
government regarding the delivery of
the Haytien revolutionists who have
taken atsylufti at the consulates and
it is presumed Le Comte still Insists
that they be turned over to him at
once. The French government, how
ever, will never consent to the de
livery of General Firmin or his com
rade nor of M. Naidreau or the other
Haytiens who sought asyhim at the
French legation on Sunday.
The French government does not
anticipate the slightest friction with
the United States over the situation
In the Haytien republic. The Mon
roe doctrine is in no sense involved
and there Is no question of interven
tion. The sole purpose of France,
Germany, Great Britain and pre
sumably the United States also, is the
protection of foreign subjects against
the rapacity of the Haytien soldiery
should the latter get out of hand and
throw off the control of the authori
ties. When the foregoing dispatch
from M. Carteron was forwarded
the German cruiser Bremen and the
English cruiser Indefatigible were
amxlously awaited at Port Au Prince
Officially Confirmed.
London, March 17. The govern
ment has received a brief message
confirming the newspaper dispatches
on the disorders or Hayti, Dut Devon
this it was practically without ad
vices. Warships May Help Matters.
Berlin, March 17. The latest offi
cial advices concerning Hayti repre
sent the situation as very strained.
The foreign office hopes that the ar
rival of foreign warships at Port Au
Prince will serve to Improve the
It is not known whether they are
any Haytien refugees under the Ger
man flag, although it is considered
probable that some sought safety at
the consulate, 'rne conaition or rignt
of asylum in the consulates will nave
to be" decided according to the merits
of each in-dividual case.
HE GOT ONLY $2.40.
For Six Hours' Work In Looting a
Mail Car.
Spokane, March 17. The train rob
ber who overpowered the railway
clerks and ransacked the registered
mall on the Great Northern westbound
train early Sunday morning between
Bonner's Ferry, Idaho, and Spokane,
secured only $2.40 for his six hours'
work, according to the statement of
the postofflce Inspector. There was
not a single consignment of currency
from banks in the mails and the rob
ber left all the checks, drafts and
stocks he found In the mail as well as
the Jewelry. Every letter has been
checked over with the exception of one
from a small eastern town and this
may have contained 15 or $10.
trace of the robber has been found.
Hopper Land Case Is of Far
Reaching Importance.
Test Right to Take Cp Small
Subdivision of Land.
State Auditor Refused to Certify
to Sale.
Claims That the Property Was
Not Legally Entered.
The case of J. C. Hopper of Ness
county against J. M. Nation, state
auditor, in the Kansas supreme court, '
promises to become one of far reach
ing importance.
The state of Kansas, on the relation
of the attorney general, has beea
granted leave by the court to Inter
vene. The state school fund commis
sioners, consisting of the secretary of
state, attorney general and superin
tendent of education, have also beea
allowed to intervene. Mark Tulley.
state treasurer, and ex-officio custo
dian of the proceeds of school land
sales, has also intervened.
The state alleges that it as been de
frauded by the illegal homestead entry)
of Hopper's grantor, and all the state
officers who have anything to do wiu
the issue of a patent to Hopper ar
brought , into the case.
The suit filed by Hopper was tar
compel State Auditor James Nation ta
certify to the sale, and without this
certificate. Governor Hoch declined to
issue the patent.
The trouble was that Hopper trie
to grab all the land he could lyln
adjacent to a certain creek la Nee
county. He staked off a row of J
acre tracts In various locations along;
the creek, the aggregate amount of the
land being only 160 acres, but making;
a strip about a mile long. The state
contends that 20 acres is not a legal
subdivision of the land.
Lee Monroe and George A. Kline,
attorneys for Hopper, say In. their
"The statute is plain and unambig
uous. It does not say that any per
son who has settled upon any legal
subdivision of school land' may be
come a purchaser, but grants the
right to the settler upon any portion
of such land. We contend that under
the statute a claimant might settle
upon, enclose and Improve a five, ten
or twenty acre tract."
The Idea of the state la to get a de
cision of the supreme court that leased
school land- Is not open for settlement
during the life of the lease, and that
sales of school land can only be made
in rorty acre tracts or multiples there
of, and if the supreme court will tat.
jurisdiction of incidental matters
growing out of this case, to order that
the money paid in by Hopper and
Hopper's grantor be returned to the
parties entitled thereto; and If the
supreme court refuses to take juris
diction of the case, the state officers
will contend that Hopper's only rem
edy will be In a court of general Juris
diction to recover judgment for the
amount paid and to impress the funds
in the hands of the state treasurer
with a trust for the true owner, on the
theory that moneys paid to the state la
a fraudulent land sale do not belong;
to the state and that the state will not
be compelled to issue a patent thereon.
Bursting of Steam Pipe Starts Parte la
a Factory.
New Tork, March 17. A thousand,
girls employed in a big ten story fac
tory building In Twenty-fourth street
near Madison aevnue, fled from the'
building today in panic, when a steam
pipe burst in a room on the sixth,
floor. The report and hiss of escaping"
steam thoroughly frightened the 200"
girls employed on the floor and as they
rushed Into the halls in mad fight to
the street and safety, their cries
echoed through the building. In a
moment the feeling of terror spread
and from the doors on every landing
girls and women Joined in the rush to
the street.
, The coolness of an elevator runner,
who kept his car moving during all
the trouble, aided In quieting the
panic. None of the girls was hurt
In the Jam, but several fainted and
were carried to the street where they
quickly recovered. The damage re
sulting from the bursting of the pipe
was trifling and within a few minutes
all the girls' were back at their work.
Both of Them Were Born
on the
Seventeenth Day of March,
This is Governor Hoch's birthday.
He is 69 years of age. For some time
It has been Governor Hoch's custom
to have his birthday on St. Patrick's
day and he decided to continue the ar
rangement this year.
Governor Hoch was born In Dan
ville, Ky., but he has enough Irish in
him to cause him to always blossom,
out with a green ribbon on his birth
day. Today he is also wearing a green
carnation, and has a bunch of the
same flowers on his desk. This is to
catch the Irish vote in his race for
the United States senate.
They Will Be Circulated In
Bvery County.
Cyrus Leland is today sending out
his blank petitions for nomination to
the office of governor of Kansas, and
by this act demonstrates that he has
no intention of retiring from - the
- There have been calls for Leland
petitions from almost every county In
the state, it is said, and the work of
I Leland's friends throughout the state.
Mr. Leland went to Troy today.

xml | txt