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10 PAGES NEEDS IT. I EVERYBODY 10 PAGES READS IT. LAST EDITION. AN INSPIRATION. That's What Booseyelt Says M. s E. Church Is to Him In an Address at Afirican Dia mond Jubilee Mass Meeting. BY BISHOP CRANSTON. He Is Introduced as "Apostle of the Square Deal." He Touches on the Subject of the "Big Stick." Washington, Jan. 19. Introduced bv Bishop Cranston, as the "apostle of the square deal," President Roose velt in an address last night at the African diamond jubilee mass meet Ins held in the Metropolitan Mem orial Methodist church which the late President McKinley attended, de clared that he would not come before a Methodist gathering if he had not attempted to give the square deal. "In addition to the square deal in our own country," he continued, "I want the Methodists and others to help me give the 'square deal to Japan. I will see to it that in doing this our own citizens are protected. "You know I am not a mere sen timentalist. I am not in the least afraid of invoking the 'big stick' if it is necessarv but I should be ashamed to invoke "it unless it was necessary and I want to see us, while insisting on Justice being done us, equally care ful to do justice to others." The president declared that the Methodists of the country had been an inspiration to him during the seven and a half years of his presidency. "In the crisis through which I have passed," he asserted, "and during the time between crises, I have found myself touching elbows almost con stantly with members of the Methodist church." The president spoke in part as fol lows: "There is one feature in the expan sion of the peoples of white, or Euro pean, blood during the past four cen turies which should never be lost sight of, especially by those who denounce such expansion on moral grounds. On the whole, the movement has been fraught with lasting benefit to most of the people already dwelling in the lands over which the expansion took place. Of course any such general statement as this must be understood with the necessary reservations. Hu man nature being what it is, no move ment lasting for four centuries and extending in one shape or another over t the major part of the world could go j on witnout cruel injustices Deirig apne at certain places and in certain times. Occasionally, although not very fre quently, a mild and kindly race has been treated with wanton, brutal, and ruthless inhumanity by the white in truders. Moreover, mere savages. whose type of life was so primitive as i to be absolutely incompatible with the j existence of civilization, inevitably died ' out from the regions across which I their sparse bands occasionally flitted. when these regions became filled with a dense population: they died out when they were kindly treated as quickly as when they were badly treated, for the simple reason that they were so little advanced that the con ditions of life necessary to their ex istence were incompatible with any form of higher and better existence. Brlngri Discontent. "It is also true that, even where great good has been done to the al ready existing inhabitants, where they have thriven under the new rule, it has sometimes brought with it dis content from the very fact that it has brought with it a certain amount of well-being and a certain amount of knowledge, so that people have learn ed enough to feel discontented and have prospered enough to be able to show their discontent. Such ingrati tude is natural, and must be reckoned with as such: but it is also both un warranted and foolish, and the fact of ft existence in any given case does not justify any change of attitude on our part. "Of course the best that can hap pen to any people that has not already, a high civilization of its own is to as Pimilate and profit by American or European ideas, the ideas of civiliza tion and Christianity, without submit ting to alien control: but such con trol, in spite of all its defects, is in a very large number of cases the pre requisite conoition to the moral and material advance of the peoples who dwell in the darker corners of the earth. Where the control is exercised brutally; where it is made use of merely to exploit the natives, without rirard to their physical or moral well fclng: it should be unsparingly criti cised, there should be resolute insist ence onamendmentand reform. Butwe must not. because of occasional wrong doing, blind ourselves to the fact that on the whole the white administrator and Christian missionary have exer cised a profound and wholesome in fluence for good in savage regions. "Let me illustrate what I mean by particularly alluding to three cases Al giers. India, and the Philippines. The North African coast was a mere nest of pirates during the first decades of the nineteenth century. Punitive expedi tions were sent against these pirates again and again, but they could not be permanently suppressed by such expedi tions, and all the great commercial na tions, were forced to pay them a more or less thinly disguised tribute or black mail. The United States was among the number. It was the French con quest of Algiers which put a final stop to this blackmail: and it also put a stop to the unspeakable barbarism and cru elty inevitably attendant upon the slave hunting piracy of the dwellers in the independent North African states In other words, the independence of these states was a menace to every peaceful people, and incidentally It meant dread ful wrong and injustice within the states themselves. Algiers is far better off in every way under French rule than it was 80 years ago. before the French came into the land, and it is far better off In every' way than is the neighboring state of Morocco at the present time and this simply and solely because the neighboring state of Morocco continues to enjoy much the same kind of inde pendent self-government that Algiers enjoyed until the French went there. Points to. India. "In India we encounter the most TUESDAY EVENING. colossal example history affords of the successful administration by men of European blood of a thickly populated region in another continent. It is the greatest feat of the kind that has been performed since the break-up. of the Roman empire. Indeed, it is a greater feat than was performed under the Roman empire. Unquestionably mis takes have been made; it would in dicate qualities literally superhuman if so gigantic a task had been ac complished without mistakes. It is easy enough to point out short comings; but the fact remains that the successful administration of the In dian empire bv the English has been one of the most notable and most ad mirable achievements of the white race during the past two centuries. On the whole It has been for the Im measurable benefit of the natives of India themselves. The PhUippines. "Finally, take our own experience in the Philippines. Spain finally lost power to be of benefit to the islands; btu do not forget that Spain accom plished very, very much for them dur ing more than two centuries; and that the islands owe their present possibili ties to the fact that the Spaniards took possession of them. Then we came in. I am sure that when International his troy is written, from the standpoint of acclaiming international justice, one chapter will tell with heartiest praise what our people have done in the Phil ippines. Exactly as in the Caribbean sea we have endeavored to give genu ine and disinterested help to the inde pendent peoples of Cuba and San Do mingo, so, in the same spirit though the task is of quite different character we are endeavoring to educate and train the native races under our sov ereignty in the Philippines. In our treatment of the Filipinos we have acted up to the highest standard that has yet been set as marking the proper way in which a powerful and advanced nation should treat a weaker people. Cuba we are at this moment leaving for the second time, to work out a destiny which we now hope and believe will be one of stable and order ly independence and prosperity. "In the Philippines we are constantly giving an increasing measure of self government. Of course. In one sense of the word self government can nev er be bestowed by outsiders upon any people. It must be achieved by them selves. It means In this sense pri marily self-control, self-restraint, and If those qualities do not exist that is, if the people are unable to govern themselves then, as there must be government somewhere, it has to come from outside. But we are constantly giving to the people of the Philippines an increasing share in, an increasing opportunity to learn by practice, the difficult art of self government. If we had abandoned them at the outset to their own devices, if we had shirk ed our duty and sailed out of the is lands, leaving them In a bloody welt er of confusion, the chief sufferers would have been the Philippine peo ple themselves. We are leading them forward steadily in the right direction. nni vl-o nrp rinlne it because our peo ple at home desire that they shall be ! treated rlgnt. ana oecause our peupio in the islands, in the civil government, in the army, and among the mission ary representatives of the various creeds work primarily for the ad vancement of the people among whom they dwell. I believe that I am speak ing with historic accuracy and impar tiality when I say that the American treatment of and attitude toward the Filipino people, in its combination of disinterested ethical purpose, and sound common sense, marks a new and long stride forward, in advance of all steps that have hitherto been tak en, along the path of wise and proper treatment of weaker by stronger races. "Our own country has In the past committed grave wrong against Africa for which it should amply atone, and no better atonement can be made than that which Is being made by the American missionaries of every creed and church, who are now 'doing so much in almost every cor ner of Africa for the physical, the in tellectual and the moral betterment of the people.. America's Responsibility. "The responsibility of America for the moral well-being of the people of Africa Is manifest. Our wealth and power have given us a place of in fluence among the nations of the world. But world-wide influence and power mean more than dollars or soc ial, intellectual, or Industrial su premacy. They involve a responsi bility for the moral welfare of others which can not be evaded. "The responsibility of America tow ard Africa is emphasized because of our past history, and because of the number of our citizens who are of Afri can descent. As a result of the African slave trade, that crime of the ages, and of two and a half centuries of slavery in America, the United States has near ly 10,000,000 of colored people as a part of Its citizenship. No other country outside of Africa has so large a negro riopulatlon, and. what is more, there are no other 10.000,000 of negrees in the world who own as much property and have as large a per cent who are in telligent, moral, and thrifty. "The education and uplift of the American negro now going forward should be accompanied by the increase of the missionary and Christian forces on the continent from which his .an cestors came. The number of those who go as missionaries to Africa will increase; and it is not unreasonable to suppose that a large share of the lead ership for the evangelization of the continent will be furnished from among our own colored leaders in America. "In the redemption of Africa all sec tions of the Christian church must be united, but Methodism, because of the vast numbers it represents and the spirit and methods of its movements, should have a share of especial note. The spirit of Methodism is the spirit of expansion and of world-wide conquests in the kingdom of righteousness. John Wesley's motto was 'The world is my parish." I hope the Methodists of to day will make this statement good." SPECIAL MESSAGE. Asks Congress to Slake February 12 a Special Holiday. Washington, Jan. 19. The president has sent to congress a special message recommending the passage of a law authorizing him to issue a proclama tion setting apart February 12, 1909, as a special holiday in recognition of the centennial anniversary of the birth of Abraham Lincoln. He said: "I regard the proposal as eminently proper. It will be from every .stand point desirable. I recommend that con gress pass a law authorizing me to is sue a proclamation setting apart this day as a special holiday. PLEDGESHOLD. Governor Chamberlain, Demo crat Goyemor of Oregon Elected to United States Senate by Republicans. WAY HAS BEEN FOUND For the People to Choose Mem bers of Upper House. Other States Likely to Follow Lead of Oregon. Salem, Ore., Jan. 19. Governor Geo. E. Chamberlain was elected United States senator on the first ballot to succeed Senator Charles W. Fulton. Although Chamberlain was the peo ple's choice for United States senator and there were enough members of the legislature pledged to elect him, a de termined effort has been made for months past to defeat him. Senator Charles W. Fulton, whom Chamberlain will succeed, has, it is alleged, repeat edly urged the legislature to elect a Re publican instead of a Democrat, despite the fact that a majority of the mem bers were pledged to the peopl to vote for Chamberlain. Eastern political In fluences are alleged to have interfered in the Oregon senatorial situation and even the assistance of President-elect Taft, and Frank H. Hitchcock, chair man of the Republican national com mittee has, it is said, been solicited. Various members of the United States senate have been called on, but have declined to ask Oregon legislators to violate their pledge. Tremendous Interest. A people's lobby assembled at Salem from every section of the state and the component parts of this deter mined apparently to see that the pledged members abided by their ob ligations to vote for Chamberlain. The breaking of these pledges might have led to an unpleasant situation, for extreme measures were advocated by the ardent champions of political re form in Oregon. Failure to elect MrT Chamberlain probably would have resulted in the recall being invoked on those state ment No. 1 members, who violated their pledge to the people. It Solves s Big Problem. The election of Chamberlain solves the problem of electing senators by popular vote without infringing upon the provisions of the constitution of the United States. While Senator Jonathan E. Bourne and former Sena- tor Frederick Mulkey were elected by a Republican legislature and under the same system which is being used in I Chamberlain's case, the real test came j for the reason that Bourne and Mulkey are Republicans and Chamberlain is a Democrat. Under 'the Oregon direct primary law political parties nominate a can didate as the choice of the party, for United States senator. For the nom inee of the Republicans in the last ; election Senator Fulton was defeated by Harry M. Cake, Republican, al though Oregon is a Republican state, by overwhelming majority. Candidates Had Three Clioices. Candidates for the legislature had the choice of three political platforms. They could subscribe to statement No. 1, statement No. 2, or run un pledged. Statement No. 1- was a pledge to vote in the senate for the candidate receiving the highest num ber of votes irrespective of his politi cal affiliation. Statement No. 2 was a promise to vote only for the candi date of the party and not the people's choice. The popularity of Statement No. 1, is apparent from the complexion of the legis lature, for of its ninety members. 52. mostly Republicans, subscribed to State ment No. 1, thus binding themselves to vote for the popular choice, who In this case is Chamberlain, a Democrat. This gave Chamberlain on joint ballot six more votes than were needed to elect him. Of Widespread Effect. On the result of the Oregon experiment in selecting United Statca Benator by pop ular vote, expressed by the people and ex ecuted by the legislature, may depend the attitude of several other states now con templating the adoption of Oregon s primary laws. SIGNS OF A FIGHT Lack of Harmony Among United Mine Workers. Twentieth Annual Convention Assembles In Indianapolis. Indianapolis, Ind., Jan. 19. When the 1,200 delegates to the twentieth annual convention of the United Mine Workers of America assembled in Tomlinson hall today a factional dis pute was predicted by President Lewis and his opponent for the presi dency, John H. Walker of Illinois, over the administration of the affairs of the organization. The anti-Lewis faction declares itself determined to restrict the power of . the president while the present rulers assert that the miners can never progress toward better contracts with the operators un less they adopt a stringent rule that Joint contracts shall be inviolable and that the national executive board's Judgment shall be supreme. The controversy is largely due to the suspension of the officers of district No. 11, Indiana, for not having abided by the' instructions of President Lewis and the national board to return to work in the course of the Hudson mine Among the delegates there was in tense excitement today because of the imminence of the battle between the leaders. The matter of new wage con tracts in the various districts was but little discussed prior to opening Of the convention, it being overshadowed by the more vital internal dissension. 1 1 May Be Dead In Sicily. Abilene. Kan., Jan. 19. Professor W. S. Monroe, a teacher and author of books of travel, a brother of J. W. Monroe of this city, was in Sicily at the time of the disaster and has not been heard from since. Neither his publsher nor hs bank ers have heen able to find trace of him and it is feared that he lost his life. TOPEKA, KANSAS, JANUARY DIDN'TJJKE IT. Members of the House Object to Change In Seats. Mr. Kyan of Brown Leads the Ke- YOlt. HELPLESS TO AID. Sergeant at Arms Tries in Tain to Straighten Out Tangle. Speaker Dolley Breaks Gavel Trying to Restore Order. The new seats installed in the house over Sunday were the cause of more trouble at this morning's session. This trouble, however, was . not over the purchase or the price of the seats, but the rearrangement of these seats which changed the position of several mem bers on the floor. Ryan of Brown took umbrage at his change of place and introduced a resolution calling for a change back to the original positions after the seats were chosen. This reso lution was voted down. Other mem bers, however,, made a protest and the sergeant-at-arms was called upon to straighten out the confusion. He was assailed with a dozen quest! ans and re tired from the scene. The seat contro versy continued for a half hour with out results.- Then said Flannigan of Decatur to Finnigan: "These new seats are causing lots of trouble; let's shunt 'em out again." " The speaker split his gavel trying to restore order and finally Ryan's mo tion that a committee of three act with the sergeant-at-arma to rearrange the seats of the members was voted on. It carried and the speaker sighed with relief at ."the settlement of this momentous question," and appointed Foley of Rice, Mercer of Chase and Androse of Marshall as a committee to storm the breach. New Bills Today. Among the important bills introduced today were: A new bank guarantee bill by Pyle, provides that all state and private banks and trust companies that receive money on deposit be subject to this act. A bank guarantee commis sion is created composed of the attor ney general, state treasurer and bank commissioner, all banks must deliver a bond to this commission executed by some surety company for1 twice the sum of their capital stock. In view of this guarantee the banks can deposit with the commission, city or township bonds or first real estate mortgages. All debts of a defunct bank must be paid out of this guarantee fund within six months after , the closing of the bank's doors. - - Malone introduced a bill which abol ishes the office of county assessor and provides that the trustee of each town ship shall act as a deputy, assessor and that he shall give additional bond for the faithful performance -of his new duties. Assistant deputy assessors can be appointed by the county commis sioners where it is thought necessary. The senate appropriation bill was ad vanced to its third reading in the house and then passed .on a unanimous roll call vote. It appropriates $30,000 for per diem and mileage of members and payment of Incidental expenses of the organization of the 1909 session. That Furniture. The echoes of yesterday's debate over the new house furniture will not die away. Just before the house ad journed this morning Gullbert of Logan introduced a resolution that the house approve the purchase of the new furniture. The bills for this fur niture had been referred to the claims committee', and Sig Lehman, chair man of that committee, stated that he had all the papers in the case and that the committee would go through them tonight and present all the facts and figures to the house tomorrow morn ing. After this explanation Guilbert withdrew his motion. More Tax Kxemption. A concurrent resolution by Newlin provides for an amendment to the constitution by which the legislature shall be empowered to establish an equitable system of raising state and local revenues and classify the sub jects of taxation in order to secure a just return from each. All property used exclusively for state, coun ty, municipal, literary, educational, scientific, religious, benevolent and charitale purposes, and also personal property to the amount of J200 for each family shall be exempt from taxation. Civil Service Marriages. Newlin also introduced a bill today which places a candidate for matri mony in the same class with an appli cant for a place under the rules of civil service. If this bill becomes a law, hereafter in Kansas the prospec tive bride and groom must answer the probate judge's questions as to their full names, color, occupation, birth place, residence and ages. Also whether the marriage contemplated is No. 1 or 2 or 3 .or what number it is, and how the other marriages, if any there were, were dissolved. They must also give full vital statistics re garding their parents. They can be examined under oath administered by the probate judge and if he is not sat isfied with their answers he can refuse to grant the license. The penalty for making false statements is a fine of from $100 to $1,000 or imprisonment of from three months to five years. But the fiercest section of this law is reserved for the last. Any couple liv ing in Kansas who shall go to some other state to get married and then return here to live, their marriage shall be void and they will be subject to the penalties mentioned above. In other words, under this law, be fore you can get a marriage license you must first convince the probate judge that you are a good fellow, have exemplary habits and are making enough money to support your wife properly and that your ancestray is O. K. The wife, too, must, blushing bear the questions asked, standing where the searchlight shines the brightest. If you are a friend of the probate judge you , will be all right, but you are up against it in the other case. A' warm debate is promised in the morning session when the report of the committee on claims is made on (Continued on Pace F.lght- 19, 1909. WERE NOTSCARED Senators Thought They Saw Real Live Lobbyist. Was Only L. E. Myers of Topeka City Railway. . GLENN BILL RUSHED. Provides for Legislative Reap portionment in Kansas. Will Give Western Counties Representation Entitled To. At this morning's session of the sen ate, the new members were permitted their first sight of that much discussed terror of legislative halls that al leged monster generally reported to lurk in and about chambers of leg islation seeking to pounce upon un suspecting law-makers .and lure them into pitfalls of corruption a lobbyist or more politely speaking "a legislative agent." The alleged "leg islative agent" the first to be seen at the present session of the senate appeared today in the person of Mr. Louis B. Myers, of the local traction and electric lighting companies, who, the wise ones suggested, was interest ed in defeating the bill providing for state control and regulation of public utilities. The appearance of this alleged "leg islative agent" on the floor of the sen ate,. caused not even the slightest sign of a stampede among either new or old members. In fact, probably many of the senators were not even aware of the presence of a person connect ed with corporation interests, for Mr. Myers' appearance and mein bore no resemblance to anything like a terror, and ha circulated among senators with an expression so genial and be nign that he might easily have been regarded as some devout missionary seeking contributions for the salvation of idol-worshippers in the island of Bong wherever that Is. Anyway the corporation official was greeted with friendly salutations by the senators of his acciualntance. and Iudc- ing from his brief stay he probably didn't get a chance to do much "lobby ing even if the rumors as to his mis sion were reliable. , Session Was Brief. The morning session lasted but forty minutes, which were occupied with the Introduction of bills and other routine business. At the close of the morninsr session the committee on minor employes of the senate assembled in a committee room to decide upon reduction in the numberofsenate employes. Senator Moore" offered a proposed amendment to the constitution raising the pay of members of state legislature from $3 to $5 per day for the days of actual service and hxlng mileage al lowanee at 3 cents .a mile. It was stipulated that the compensation of each member of the legislature should not exceed $300 for each regular ses sion or $100 for each special session. It is proposed to submit this amend ment to the people at the general elec' tion in 1910. Another amendment proposed by Senator Moore provides for establish ing the initiative and referendum prin ciple in the making of laws for the state. Senator Glenn's bill providing for the reapportionment of representative dis trictswas placed at thr head of the calendar and the senate will proba bly go into committee of the whole this afternoon for its consideration. As reported- from the committee this bill takes' away one representative each from Jefferson, Osage, Franklin, Brown, and Leavenworth countes. and gives Seward, Haskell, Morton, Stanton and Greeley counties one representative each. Senator Glenn's bill originally pro vided for taking one representative from Butler county, but the committee decided that the reduction should be made in the case of Leavenworth coun ty. On this question there will likely be, developed considerable argument, it is predicted. New Bills in Senate. Among the bills- introduced in the senate today were the following: S. B. No. 151. By Stewart An act to amend section 2, chapter 407 of the ses sion laws of 1901, entitled "An act re lating to trust companies." S. B. No. 152. By Quincy An act amending section 1704 of the general statutes of Kansas of 1901 relating to county funds and repealing original sections 1703 and 1704 of the general statutes of Kansas of 1901. S. B. No. 153. By Quincy An act supplemental to chapter 140 of the ses sion laws of 1907, relating to private corporations, providing additional pur poses for which private corporations may be founded. S. B. No. 154. By Travis An act making appropriations for the support of the Iola Orphans' home at Iola, Kan. sas, and St. John's Allen county hos pital. S. B. No. 155. By Potter An act making an appropriation to pay for storing and properly displaying the records, relics, etc., of individuals, etc., who fought in the war for the Union, in the Grand Army museum, and to pay for publication of the reports of th department commander of the Grand Army of the Republic to the governor. S. B. No. 156. By Cambern An act in relation to court stenographers, fix ing their salary and fees. S. B. No. 157. By Myers An act to amend section 271 of chapter 80 of the code of civil procedure. S. B. N. 158. By Carey An act pro viding for registration fee on mort gages on real property and for their exemption from taxation after being recorded. S. B. No. 159. By Chapman An act relating to the powers of city councils in cities of the second class. S. B. No. 160. By Milton An act re lating to banks providing for the crea tion, maintenance, .accumulation and disposition of a fund for the protection of depositors and creditors of banks. . S B. No. 161. By Cooke An act to amend section 5 of chapter 362 of the session laws of the state of Kansas for the year 1903 and to repeal said orig inal section. S. B. No. 162. By Porter An act to amend section 1124 of the general stat utes of 1901. ' S. B. No. 163. By Quincy An act concerning assessment and taxation. TUESDAY EVENING. IT'S ROOT IN NEW YORK. His Election Will Be Con Armed In Joint Session Tomorrow. Albany, N. T-, Jan. 19. Republican members of the legislature today for mally recorded their choice of Elihu Root for United States senator to succeed Thomas C. Piatt. The Democrats nominated former Lieutenant Governor Lewis S. Stuyves- vant Chanler. Tomorrow the legisla ture in joint session will declare Mr. Root elected for a term of six years. MESSINABURNS. Fire Breaks Out in the Ruins of the City. Odor of Burning Flesh Mingles With the Smoke. Messina, Jan. 19. A serious fire broke out here today among the ruins of the earthquake wrecked city. The remains of the Pennesi palace fell in and ad ded to the conflagration. The flames are spreading in spite of the work of the soldiers to control them and the situation is serious. An odor of burn ing flesh Is mingled with the smoke and it is feared that persons still alive are being consumed. i The flames had their center in the Pennesi palace but they spread over the ruins of the city and the Bank of Italy. Tongues of fire leaped upward while sparks fell in a heavy shower for a considerable distance. The heat was very great. The alarm was sound ed on bugles, while the warships in the harbor blew their foghorns and soldiers and sailors were hurried to the scene. No victims of the flames yet have been reported. The duke of Genoa made a heroic rescue of a demented woman, who in sisted upon forcing her way into a burning pile of ruins to save her hus band. A strong wind helped to spread the names and the men experienced great difficulty in working the pumps. What remains of the beautiful promenade along the harbor front undoubtedly will be destroyed. It is supposed that the flames have been latent under the wreckage for days and that the high wind of last night fanned them into activity. HUGE LAND FRAUDS. They Reach a Total of $110,000,000 in Two Years. Washington, Jan. 19. Startling in formation of alleged wholesale and as tounding frauds upon the public lands has come into the possession of Secre tary Garfield through special agents in the field. The allegation is made that approximately $110,000,000 worth of lands in states, principally west of the Mississippi river, have been fraudulent ly acquired within the past two year by borporations and individuals. With a view of recovering these lands. Sec retary Garfield has sent letters to Chairmen Hale and Tawney of the senate and house appropriation com mittees, respectively, asking for an ap propriation of $500,000 which, if grant ed, with that already asked for will give the department $1,000,000 for that purpose. The specific purpose of the appropriation requested is for prevent ing depredations upon public timber, protecting public lands, examining swamp lands, etc. It is stated that there is reasonable prospect of recovering much of this alleged fraudulently acquired land if the appropriation is promptly made. Secretary Garfield also submits a statement of H. H. Schwartze. chief of the fields, view, showing over 32,000 dis tinct cases of alleged land frauds, de manding further investigation. The number of such cases awaiting investi gation by states now pending is as fol lows: Oregon, 1,462; California and Nevada, 1,409; Washington and North Idaho, 1. 325: Montana, 31.605; Colorado, 8,621; Arizona, 596; Wyoming, 21,155; Minne sota, Michigan, Wisconsin, North and South Dakota, 5,894; Missouri, Louis iana and Arkansas, 1.593; Utah,, 1.482; Oklahoma and Kansas. 1,012; New Mexico, 1.205, and Florida, . Alabama and Mississippi, 1,960. A summary of most of. the larger cases affected by charges of fraud or Illegality now pending are submitted, but the details of identification and names of parties are omitted because. It is stated, this would embarrass fur ther inquiry into such cases. The additional appropriation required, the secretary says, on account of the increased demands on the field service of the land office, due to the trans ferring to that division of much work which has been done in the past by the secret service and the special service of the department of Justice. j HOPKINS LEADS. But Hasn't Enough Votes Yet, to Nominate Him. C!.!nAnl Til Tan 1 Q SAti!)tni Albert J. Hopkins was the choice of Lilt; ocuaic ' ' 1 t 1 1 v. f-, 1 v . i . . l . . - - ' United States senator receiving 26 votes in me sfpai aits uanuLing , W 1111.11 n tuajuiiLj ... ...... -I'l'- - 1.1 1 1 1 IV 11. i 11 1. a 'i' "iii- .........LU ceived a majority In the house, the election or a seiia-Lur i jjiuurcu m joint assembly in both houses tomor row. The total vote in tne separate houses follows: Hopkins 87; Foss 15; Stringer 76; Mason fi; Shurtleft 3. The total vote for Shurtleft was cast by house members, although he was not formally placed in nomination in either branch. The action" of the speaker's colleagues, was received cheers. AlKve Freezing Once More. The mercury has been above the freezing point all day and the snow which has been on the ground for al most a week is slowly disappearing and the streets and roads . are muddy and sloppy. The prevailing wind has been from the southwest and its veloc ity has averaged six miles an hour. The forecast indicates fair weather for to night and Wednesday with rising tem peratures Wednesday. . The following were the temperatures since 7 o'clock this morning: 7 o'clock 33 8 o'clock 34 9 o'clock 34 o'clock o'clock o'clock.. 10 o'clock.. 33 2 o'clock 35 TWO CENT3 LAW ISJO GOOD, Judge Hazen's Findings in the Freight Rate Case. Holds That Proposed Scheduesl Are Unjust. HIS REPORT IS FILED. Applies to Leavenworth, Topeka & Southwestern. Recommends That Permanent Injunction Be Granted. Kansas City, Kan., Jan. 19. Ari opinion which will prove of great val ue to the Leavenworth & Kansas rail way company, was contained in the report of Judge Z. T. Hazen of To peka, special master, which was filed in the United States circuit court hero today. Judge Hazen in his report finds that the freight rates proposed by the rail road commission would confiscate the defendant's property, and that the Leavenworth & Topeka Is entitled to an Injunction until such a time as the, road's affairs reach such a state that the proposed rates will not be confis catory. This is considered a great victory for the L. & T. road. There is noth ing binding in the report of Judgo Hazen, but Judge Pollock of the Unit ed States circuit court will undoubted ly follow the findings and will enjoin the Kansas state board of railroad commissioners from enforcing the proposed rate order. G. F. Grattan, attorney for the state board of railway commissioners, at the request of the State Journal, today made public the following an nouncement of the history of the Leavenworth & Topeka railroad cbf and the findings of the special masier for Judge Pollock of the United States circuit court as follows: "The old Leavenworth. Topeka & Southwestern was foreclosed in lSii!, and was sold in the federal court, and in the fall of 1899 Edward Wilder, tha treasurer of the Santa Fe, bid In th old road for $100,000. (And it would seem that he bid it in for the Santa Fe, and possibly for the Union Pacillo also.) And on December 29, 1899. tho Leavenworth & Topeka Railway com pany was Incorporated, fixing its capital stock at $250,000, which was divided into 2.500 shares of $100 each. The charter shows that the Santa Fe held 246 shares and the Union Pacific 247 shares, and the parties incorporating the company were A. L. Williams, C. T. McLellan, Edward Wilder. N. H. Loomis, and A. A. Hurd. and N. H. Loomis, J. O. Brinkerhoff, A. L. Wil liams, officers of the Union Pacific, and C. L. McLellan, Edward Wilder, A. A. Hurd and H. U- Mudge, officers of tha Santa Fe, are named in the charter an the board of directors, and each direr tor is shown to hold one share of the capital stock. And on Dec. 29. 1899, Ed ward Wilder assigned his bid of $100. 000 for the old road to the Leaven worth & Topeka Railway company. The Atchison. Topeka & Snnta Fe Rail way company and the Union Pacific. Railroad company entered into a writ ten agreement purporting to be dated the 24th day of Feb. 1900. in which they agreed with each other that they 'own and control the entire capital stock of the Leavenworth & Topeka Railway company,' and agreed that at every meeting for the election of a board or directors 3 persons shall be selected and nominated as directors by the Santii Fe and 3 by the Union Pacific, and on-, person, 'acceptable to- both the parties hereto, shall be agreed upon and nomi nated by them jointly.' "When the board of railroad com missioners made the order reducjns freight rates t tween points vi-r. n tli.i state, the irads. .-if.-, having full and ample opportunity to preser.t their side declined to make-any showing, and when the state was J.onlcniplatir.fr commencing an action of an equitHbio nature in the supreme court with .. view of enforcing such order, in which the railroad would .have, had an op portunity to have made every claim against all that was done by the board and it would then have been i for the supreme court to have detfir.m,n whether the .order was just, fait- and reasonable, and if the order should be enforced, or if not to what extent It should be enforced before the state could commence . such proceed ings and have a full and fair Jnqu'ry the roads prematurely flew into tho federal court to prevent the state from proceeding under the laws to ak such inquiry with a view of irre vocably fixing the freight rates named in the order. After the supreme court had passed upon the matter. If tnn roads felt that the rates fixed were not compensatory, they then could ha gone into the federal courts and had the same questions there again deter mined anew. While the civil I action is pending in the supreme court no penalties are incurred and the rate? are not In effect under the state U. 457000 CHECKS. Aggregating Over $2,000,000 "Payable at Topeka." Few people realize the magnitude of the' advertising done for Topeka by the Santa Fe. whose general or ncefl and shops are located here. At an informal talk following the - m l. a rl ilnh tnHnV. it Was mpeiinE ui 1115 --' - - - brought out by E.L. Copland, tress- urer of the s-anta x president of the Commercial cluo. that tne. nania r " vu...i . . ,h ery month a number of checks h'h average tne ennrrouus msl " 45,000. and in total amount running over two million dollars. m 1 v. Avo,-v item ol Every item 01 - - material, whether it be for a locomotive a freight car. postage "tamps or a gross of pencua ana hiicuih.s r. , station from Chi cago to Albuquerque, out to Denver and down into Kiaii'm nu all paid for by checks sent from To peka and bearing the Inscription. Pay able at Topeka." 1 . - .nmatlmA. trn from One 1 nese 1 im-i rv-- ruin- iw- r- ------ end of the country to the other before they are returned io mm in ..... our own banks or direct to the office. Weather Indications. "Chicago, Jan. 19. Forecast fol Kansas: Fair, tonight and Wedne day and warmer Wednesday.