The Topeka state journal. [volume], January 28, 1909, LAST EDITION, Image 1

About The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980

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LAST EDITION.
OUTTHEYMUSTGO
Twenty-Nine Candidates for City
Offices Disqualified.
Their Petitions Found to Con
tain Fatal Defects.
LOGAN IX THE LIST.
Democratic Candidate for Mayor
on Proscribed List.
Also Councilman Stanley of the
Sixth Ward.
The prospects for a quiet city elec
ton were exploded this morning
and
the city hall, the candidates --
offices and the Democrat and Repub
lican parties are up in arms today
no more peace and quietness in Topeka
Until after election.
This morning C:y Clerk Burge sent
Communications to 29 petitioners for
citv offices breaking to them the sad
news that their petitions were worth
less and from all that the law caa
Inform thev are out of the coming city
election. Twenty-nine candidates who
ha-e been working night and day for
months are now able to see their mas
terpieces thrown to the winds and
their labors fruitless. But it was their
cwn fault and the city cierk. or none
of the city officials can oe D.aineti .
the leat. They simplv performed I
their duty as officers of Topeka and in j
many casrs it was with deep regret on
their part.
The primarv law is very specific
about the election petitions and each
petitioner had the chance and the j
option to look over the law be. ore he .
or she- sent the petition to tne city
cierk for approval. . !
Out of the twenty-nine rejections ;
v,... or-a freen Republicans and
fourteen Democrats. The office:
they
are petitioning range a
the wav frm
r.r,mrr.irroman to mayor -;.
th's citv. None of the Republican city
oihcers'had their pet petitions thrown
out but the- suffered one great loss
In the cand:dacv of Councilman Stan
ley who is asking for re-election from
the" Sixth ward. His petition was not
filed properly and his name can not go
on the regular Republican ticket.
The lA ttex or Regret.
ti, T.tteT- .nr to the disa t-pointed
nnd careless petitioner by City Clerk t
Burge this morning reads as follows:
The Important Letter.
Dear Sir and Friend:
In checking over the nomination
aT- filert in vour h-half for mar
shal of the city court I beg to advise ,
that they do not comply with the 1
primarr electtm law. and I am.
therefore - compelled to leave your
name ore mo nauoc at !
: v-, ; farrh T
1909. The law specifically states that
the name of no candidate shall be
printed up-n an official ballot used at
any primary unless at least forty
days prior to such primary a nomina
tion paper shall have been filed in his
behalf.
I have taken this matter up with
the attorney general and he has ad
vised me that there is only one thing
to dt. and that is to reject your peti
tion. I must say there is no one regrets
this more than I do. but the law is so
plain on the subject there is but one
alternative and that is to follow the
advice of the attorney general and
leave your name off the ballot.
I sincerely trust you will look at
this matter in the right light and as
sure you I stand willing and ready at
all times to explain this matter more
fuUy. C. B. BURGE.
City Clerk.
Those Disqualified.
The candidates for city positions
ho have been thrown from the race
and disqualified on account of the il
legal manner of preparing their pe
titions are:
Mayor W. F. Logan (Dem.)
City Clerk M. C. Pennekamp
(Dem .
City Treasurer C. M. Brown (Dem)
Police Judge C. F. Chute (Dem).
Citv Attorney W. B. Atchison
(Dem.)
Councilmen Fourth ward. H. Hed
frman (Dem). J. A. Lundgren (Rep),
Charles J. Drew ( Rep ) : Sixth ward,
K. F. Stanley (Repi; Fifth ward, H.
W. Roby (Rep); First ward, D. F.
Fink (Dem); X. R. Foster (Dem.)
School Board S. R. Kuta (Rep).
George Smith (Rep). W. K. Gardner
(Demi. Dr. Eva Harding (Dem.)
Precinct Committeemen Republi
cans are George Hardy, Spencer Hall.
Dr. F. J. Ernest. M- L. Stark. W. T.
Calvin. Charles Suit. C E. Hartburg.
Henry" H. Hall. II. W. Overton. Dem
ocrats are George p Etzel, George
Young and W. H. Dutton.
Marsha! Court of Topeka ,-Tim Don
ovan. As It Now Stands.
This list reveals many troubles that
are going to grow as the time nears
lection and it '.eaves a chance for
ome "dark hc;e" to get his crowd to
gether and sweep the stakes. For
Instance in the Sixth ward there is no
Eominatlon outside of Mr. Stanley for
councilman. Mr. Stanley has always
been one of the strong men of the
present city council and his influence
in the capacity of Sixth ward alder
man has been very noticeable. His
nomination papers thus thrown out
means no candidate for a councilman
In this district. If no one runs it will
be up to the mayor to appoint a man
bat if an Independent man gets into
the race after the primaries and files
his petitions to that effect it will be
possible for him to win the race hands
down. And again it is probable that
llr. Stanley will enter the race again
m an Independent and thus win his
wn loss back again. Xext to this race
there is no. end of excitement at the
court house. The fight between G. W.
Dusenberry. Captain J. T. Wintrode!
who is running for re-election; w. T.
"Wiley and Tim Donovan has been the
greatest battle for this position on rec
ord. The court house is a regular nest
for politicians representing these men
and the dropping out of Tim Dono
van will cause another flutter.
The city clerk position has always
been conceded to Mr. Burge. the pres
ent efficient man and the mayor office
has been leased to William Green for
years and years to come. The fight for
city treasurer has been fought between
Fred Brown. Councilman Kutz and
-Uncle Dick" Pattison who is at the
Dresent time tie sanitary sergeant lor
THURSDAY EVENING.
the city. The fight between these three
men grew so ferocious for a time that
several people have granted the elec
tion to the Democratic candidate who
was thrown out today, saying that the
split of the Republican ticket would
iect the Democrat. But this was
doubtful. The Democratic Mr. Brown
is out now and the race will continue
between the three hz.-d working can
didates. Police Judge is a position
that one cannot think of without con
necting with it the name of Judge S.
S Urmy and this ejection of the Dem
ocratic candidate will cause very little
trouble in the primaries. The city
attorney fight is between Hugh Mc
Farland and Assistant City Attorney
Raiston. both Republicans. The pre
cinct committeemen have always been
selected by the board and their elec
tion was not looked forward to with
very much expectation. On the school
board the fight was rather tense but
since the recent exposure it will dwin
dle down to a little- scratching of thapen
cil or pushing of the voting machine.
Busy Mr. Burst.
It is thought that City Clerk Burge
has known of this trouble for a day
or so. He has been working on the petitions-
for the last few days, day and
nieht and the first of the week he
asked if it would not be advisable for
the city to appoint a regular board of
anproval to pass on the petitions. He
did not feel as though the worth of a
bunch of petitions should be left with
one man. But the attorney general and
the mayor assured him that he was the
man to pass the official opinion and he
proceeded with the work.
Todav he sent out the letters to the
oetitioners telling them of their in
accuracy. It has been a hard duty for
the city clerk to perform and as he
loid the State Journal reporter this
morning, it was with the greatest re
gret that he was cailed upon to write
such a letter to the candidates. Mr.
Burge did not pass his own opinion
on the petitions without first consult
ing the atorney general of Kansas,
Fred S. Jackson, who said that the
matter was a very serious one and
there was nothing else to do but in
form the candidates of their careless
ness or rather the carelessness of their
campaign managers. Mr. Jackson told
the city clerk of an incident that hap
pened in Independence just the other
day when the candidate for mayor, a
warm personal friend of his was
thrown from the race on his decision
he hated to do it but it was the law
and he had to enforce it.
Mayor Green also expressed regret
at the condition of affairs this morn
ing and said that the matter might
be! taken to the court and it would
then be possible to hold it over until
after the election and tnen it wouid
not be probable that it would be
taken to the higher court3 and ques
tioned. He- mentioned the fact that
it would still be possible for the men
to run as independents and thus
make their fight over again but in
some cases it would require a
scratching of the tickets and this
would be a great disadvantage to
some of the petitioners.
The whole affair is an unfortunate
one and it will mean a good deal of
hard steady thinking before the mat
ter can be cleared up to the satisfac
tion of the people and then it
may never be settled. It is just an
other case where the primary law is
sn bstrtntd for art easy lesson in the
school of politics and the text book
has proven too tedious for the aver
age politician.
DIVIDEND IS SMALL.
One of Hfty-Bve Hundredths of One
Per Cent Is Declared.
Cincinnati, Jan. 23. Depositors in
the Fidelity National bank, the E. L.
Harper institution which went under
in IS 57 following the failure of Harper
to "comer" the wheat market, have
received a finai dividend for "fifty-five
one-hundredths of 1 per cent." This
will make a total of 55 and four one
hundredths per cent recovered by the
depositors.
The Fidelity Xational had a capital
of $1,000,000 and lare surrlus and
the deposits aggregated about J4.000.
000. The capital and surplus were
wiped out and the stockholders were
assessed for 100 per cent.
NOT IN SIX MONTHS.
Night Rider Jury Declares It Could
Not Agree.
Union City. Tenn.. Jan. 28. After
being out for 16 hours the jury in
the case of Ed Marshall, night rider,
reported this morning that they could
not agree on a verdict.
"Do you -think you could agree in
two days or six months?" asked Judge
Jones.
"Xo. sir," was the reply of the fore
man and the jury was at once dis
charged. They stood ten for acquittal
and two for a verdict of murder in
the second degree.
MILLIONS OF NAMES.
Bein Gathered for Monster Woman
Suffrage Petition.
New York. Jan. 2?. Slips for signatures
distributed by the National Suffrage as
sociation which will be pasted together to
form a monster petition in behalf of votes
for women ar being returned by the
signers and will be recorded at national
headquarters in Washington. Each of the
smaller petitions or slips contains ill names
and the suffragists hope to get a million
of these signatures. Judging from the
returns received so far it is predicted that
several million will be procured. The peti
tion when completed will be presented to
congress.
LIGHT RAIN IN TOPEKA.
Next Thing on the PToeri.mrae Is
Colder Weather.
An unexpected rain drifted in from
somewhere during the night and a
measurement taken this morning Indi
cated that the precipitation amounted
to something like .03 of an inch. The
sun has made a poor out at shining
throughout the day though for a few
minutes at a time it gave great prom
ise this morning. Showers have fallen
at intervals during the day but the pre
cipitation has amounted to but a little
more than a trace.
The streets have been wet and sloppy
most of the day and the indications are
that there wiil be more rain or snow
within the next 2 hours. The forecast
says "Rain or snow tonight and much
lower temperatures." The following
are temperatures since i o clock this
morning:
7 o'clock 52 j 11 o'clock 58
8 o'clock 52 i 12 o'clock 61
9 o'clock 53 ! 1 o'clock 61
10 o'clock 55 ! 2 o'clock 60
A heavy shower set in at 3 o'clock.
GOES WITH RUSH.
City Commission Bill Passes the
House.
Designed to Correct Technical
Defects in the Law.
MR. AMRINE'S REFORM.
Would Deny Heads of Education
al Institutions Privileges.
Sot Permitted to Hare Voice in
Board of Regents.
The house passed the bill introduced
by the committee on cities of the first
class this morning by an overwhelming
vote. Only minor amendments were
appended thereto. This bill Is an
amendment of the law providing a com
mission plan of government for cities
of the first class after the citizens
thereof have voted in the affirmative
on the proposition.
The amendments to the law are along
the lines of the Iowa and Texas laws
and strengthen the position of the com
missioners. The workings of the law
is still the same but the idea of the
amendments 13 to make the law more
practical and smooth out the rough
places and legal technicalities that have
arisen in practical test of the original
law.
The house adjourned for noon re
cess. At this afternoon session the house
went into committee of the whole to
again consider the Jackson anti-drug
store biU- The San Jose scale bill will
come up next in committee of the whole
after the disposition of the drug store
bill.
Amrine of Morris, introduced a bill
today which provides that the chancel
lor of the state university and the
president of the agricultural college
shall no longer be chairmen of the
board of regents of these two state in
stitutions nor be entitled to a. vote at
the meetings of these boards. This is
an important bill and is not without
merit. The author of the bill argues
that where the president of either
these schools is allowed to preside
over and cast a vote at board meetings
he thereby is placed in position,
through his high office, to assume
practical control of the board. The ob
ject of the bill is that their respec
tive boards shall run these two schools
and not the chancellor or the presi
dent. To curtail one man power of a great
state institution Is a step in the right
direction in most cases on general
principles, even though it might not
apply at this time.
Matson of Sedgwick introduced the
following bill in the house today, which
is of importance to newspaper publish
ers in the state:
"That on the first meeting after Jan
uary of each year the board of county
commissioners of each county in this
state shall advertise for bids for the
county printing. Said bids to be seal
bids and to be submitted at the first
meeting of the board In February. Said
advertisement for bids shall be pub
lished, in the official county paper and
also in one other paper of general cir
culation in the county, once each week
until the first meeting in February. At
the first meeting in February of each
year the board of county commission
ers shall open said bids and let the
county printing for the next ensuing
year to the lowest bidder, provided that
In counties where there is a daily
newspaper published said printing may
be printed in a daily newspaper and
in counties where there are two or
more daily papers said printing must
be printed in a daily newspaper.
Said bids shall provide for the print
ing of all notices required by law to be
paid for by the board of commission
ers, including the proceedings of said
bid shall he let to any paper un
less the same has been published and
of general circulation in the county for
at least 52 weeks prior to awarding of
the bids.
Act to take effect from publication in
state paper.
Hopkins of Finney introduced the ad
ministration tax measure in the house
today, being a bill similar in every re
spect to the senate bill
Stone of Shawnee today introduced
a bill in the house which provides that
the state board of health shall be vest
ed with the power to enforce the laws
of sanitation and good health in re
gard to barber shops and public baths
of the state. The bill designs that the
antiseptic regulations regarding these
places shall be rigidly enforced.
The committee on elections this
mcrnins reported the death of two
bills to the house. One was the bill
providing for the election of Unit
ed States senators by the people by
the placing of the name of the suc
cessful party nominee at the primary
nominating election on the party bal
lot at the general election. The other
was the bill forbidding any political
party from receiving contributions
from any corporation for use as a cam
paign fund.
Bills lii the House.
The following bills were Introduced
In the house today:
H- B. Xo. 4S2. By Richard J. Hop
kins An act to provide for the elec
tion of certain taxing officers by popu
lar vote.
H- B. Xo. 433- By McMillan An
act relating to protection from fires
caused by locomotive engines on raii
w a vs.
H. B. Xo. 434. By Kyle by request
An act to require railroad companies
to drain their right of way.
H- B. Xo. 4 S3. By Mercer An act
relating to the adoption of a uniform
svstem of bookkeeping in the counties
of Kansas.
H. B. Xo. 486. By Mercer An act
relating to the making and printing of
all blank books used by counties,
townships and school districts of this
state.
HZ B. Xo. 4 ST. By Lehman An act
cancelling and releasing a certain gas
and oil lease executed in Labette
county.
H. B. Xo. 4S8. By Guilbert An act
to vacate a part of Warden's addition
: to the town of Russell Springs, in the
i county of Logan.
(Continued on Page Sight.)
TOPEKA, KANSAS, JANUARY
ON WRONG SIDE.
Fail a re of Sidney C. Lore Due
to Persistency
In Bearing the Market on Grain
and Stocks.
HE LOST 31,500,000
In Two or Three Years in Wall
Street Operations.
Was Short When Becent Ball
Movement Started.
Chicago, Jan. 28. The Tribune today
prints the following account of the
sudden closing ur of the business of
isiunej v,. i.ove a: w, which, it savs:
-Turns out to be, according to re
ports, due to his fatalistic tendency for
tne wrong side of the stock and grain
market.
"It is said that the young operator
has lost In the last two or three years
over Jl.500.000. When the firm went out
of business it was reported Mr. Love's
previous winnings In stocks, together
with his capital, were practically gone
He had. however, a warm friend .
staunch supporter in W. H. Moore, who
euaiiictu au accounts and turned
them over to Holiister & Babcock. a
firm long friendly to Mr. Moore. His
losses were sustained by any creditors
who had market or bank accounts.
"Mr. Love began business in 1900
with a rich clientele, the center of
which was the Moore group. He made
money fast and within a relatively
short time was able to repay the loans
made to him by W. H. and J H
Moore to start him in business. s
his business prospered he moved "to
New York and became a leader among
the fashionable set at Newport and
was not outdone by any in liberal ex
penditures. "He was a bear on both the general
stock list and on wheat. The present
ball movement which began last June
found him short of a number of
stocks, though his trading was general.
He was short, it is reported, in South
ern Pacific around 108. He is said to
have been still short the stock at the
present price, which is around 120.
This is oniy an instance of being short.
"As losses continued to go against
him, Mr. Love's former friends are
said to have returned to his assistance
and backed him until the losses ren
dered it advisable to close out the
business.
A Bear for Three Months.
"D. G. Reid. one of Mr. Love's friends
and clients, was also a bear on stacks.
For three month at least he is pre
sumed to have been on the wrong side
of the movement. With Mr. Love It
was a case 'of fighting" the market all
the way up. He wojjW buy in at a loss
the stocks he bail sold short, only-to
put out more short lines and suffer
more loss. And in so doing he was not
alone, for a number of well known
speculators did the same thiiig. They
evidently had longer purses, however,
than Mr. Love.
"James A. Patten's bull campaign in
wheat is regarded in board of trade
circles as at least partly responsible
for Mr. Love's retirement. j
"It has been the gossip on the floor
of the board for some time that
Love's firm had been heavily short of
wheat ever since Patten started his
present campaign.
"Last week the house was a big
buyer of wheat, supposed to be cover
ing of a line of shorts put out when
the market was much lower. Several
million bushels of May and July
wheat were brought in. the purchases
being ascribed by some to D. G. Reid.
the tinplate magnate, who sailed for
Europe a few days ago. Whether any
of the purchases of wheat were for
the personal account of Sidney C.
Love was not known, but the sudden
suspension of business by the firm led
to many stirmises.
"The firm has operated quite heav
ily at times In com. but it was not
known, that any serious losses were
incurred in this cereal.
"A local rumor in circulation is to
the effect that Love had been caught
long on a line of consolidated gas
stock previous to the supreme court
decision adverse to the company
which suffered serious losses in the
subsequent slump in that security."
HASKELL'S NEIGHBORS.
Called to Testify In Land Fraud Cases
at Mmkogee.
Muskogee, Ok. Jan. 28. Today's time
of the federal grand jury Investigating
the alleged Muskogee town lot frauds
was taken up tn the examination of wit
nesses brought here by the government
from Ohio and Michigan. Among the
winesses who expected to testify today
were Daniel M. Bailey, of Ottawa. O.,
the governor's old home town and Wal
ter J. Ritchey, an attorney of Lima;
James S. Bailey, mayor of Wauseon.
The Michigan witnesses are those from
Hastings, the former home of Walter
R. Eaton, secretary of the Indianola
Contracting company of which the gov
ernor is president, which company Is
charged with scheduling the names of
more than 100 "dummies" to secure
town lots.
The semi-official announcement was
made today that the government relies
on Its conspiracy charge to secure con
viction and not on the forgery charge
or that of the personal scheduling of
the "dummies."
FOR SQUIRREL BITES.
Two of the Afflicted Ones Wen to Clii
Cfego From Wichita.
WichHa. Jan. 28- Mrs. J. W. Jessup
and Mrs. M. Sovereign have returned
from Chicago, where they have been
the past two weeks for treatment at the
Pasteur Institute for squirrel bites. The
rest of the party. Doniee Breese. Mrs.
S. M. Breese. and A. Hughes will visit
in Illinois and Missouri before return
ing. Mrs. Breese and her daughter
will visit in Missouri and Mr. Hughes
in Greggsvtlle. Illinois and Mexico, Mo.
Weather Indications.
Chicago. Jan. 28. Forecast for Kan
sas: Rain or snow and much colder
tonight- Friday fair and colder.
28, 1909.
GIVES M FACTS.
Superintendent Fairehild Ee
plies to Senate's Queries.
Tells of Operations of Barnes
High School Law.
IX 3IANY COUNTIES.
Forty-Three Adopted Plan and
Hare Schools.
Senate Passes the House Be
apportionment BilL
Considerable business was transact
ed by the senate at the session this
morning. There were no exciting
features and no "ground or lofty" leg
islative stunts were pulled off. The
time was devoted to the introduction
and reading of bills, the passage of
acts considered in committee of the
whole Wednesday afternoon, and the
adoption in committee of the whole
of a number of bills under general or
ders. State Superintendent E. T. Fair
child, this morning presented to the
senate answers to questions- relative to
the Barnes high school law, which
were requested by the senate in a res
olution last Tuesday. The questions
asked by the senate and the state su
perintendent's answers are as follows:
"First How many and which
counties of the state have adopted and
are working under the provisions of
what is known as the 'Barnes High
School Law?
"Originally forty-three counties
adopted the provisions of the Barnes
law and proceeded to maintain such
high schools as were eligible under the
law. Following is a list of such coun
ties as reported to this office: Allen,
Anderson. Barber. Bourbon, Butler,
Clark. Coffey. Comanctie, Cowley, Don
iphan, Edwards, Finney, Ford. Grant.
Gray, Hamilton. Harper. Harvey, Jef
ferson, Kearney. Kingman, Leaven
worth. Lincoln, Logan, Lyon. Marshall.
McPherson. Morton, Ness. Osage,
Pratt, Rice. Russell. Saline. Sedgwick.
Shawnee, Stafford. Wabaunsee. Wallace,
v icnita. w nson. wyan-dotte.
"Second How many counties and
which counties have voted upon and
rejected the provisions of that law?
"I can only answer this question as
to the counties that voted at the gen
eral election in 1908. According to
the returns in this office the following
counties voted upon and rejected the
provisions of the law at the recent
election: Anderson, Bourbon. Brown,
Chautauqua. Cloud, Douglas. Ells
worth, Franklin, Geary, Harper. Jack
son. Jewell. Kingman. Linn, Marion.
McPherson. Miamia, Mitchell. Morris,
Nam ha. Neonho. Oaage Ottawa. Phil
lips. Rice. Riiey. Rooks. Rush, Shaw
nee. Smith and Washington.
"Third How many counties have
that law by virtue of having given a
majority of all the votes cast in the
county at the time the measure was
voted on?
The following counties have the
Barnes law by virtue of having given
a majority of all the votes cast in the
county at the time the measure was
voted on: Clark. Comanche. Edwards.
Finney, Wabaunsee, and Wyandotte at
the general election in 1906.
"Fourth How many counties have
the law by virtue of having given more
votes for the law than were cast
against but with less than a majority
of all the votes cast at the election?
"The information in this office is
not sufficiently definite to answer this
question, though there seems reason to
believe that very few. if any, of those
voting upon the proposition have adopt
ed the law with a vote greater than
a majority of all the votes cast at the
election. The following counties car
ried the measure at the general election
In 1908, but whether by a majority of
all votes cast, or only by a majority
of those voting on the proposition ac
cording to the amendment to the origi
nal law, I am unable to say: Allen,
Jefferson, Osborne and Seward.
"Fifth Have any protests against
that law come to your office? If so,
what are the general objections?
'Nu formal protests have reached this
office against the Barnes law. However,
many objections have been urged both
by letter and orally to certain features
of the law."
On motion of Senator Stillings, sen
ate bill Xo. 321. relating to fees and
salaries of county officers, was read a
second time under suspension of the
rules.
The senate decided to concur in the
house amendments to the reapportion
ment bill and it was passed by a vote
of 28 to 10. The senators voting against
the bill were Brady. Brewster. Leidy,
Milligan. Myers.Overfield. Potter Stave
ly. Stillings and Travis. As the bill
left the senate, originally, it provided
for taking away one representative
from Bourbon county and giving one
additional to Allen county, bat the
house knocked out that specific pro
vision. Senator Travis of Allen opposed con
curring In the house amendment but
there were too many senators in favor
of it. The bill as finally passed gives
Seward, Haskell, Morton. Stanton and
Greeley counties one representative
each, and takes away one representa
tive each from Jefferson, Brown, Leav
enworth, Osage and Franklin counties.
The committee on assessment and
taxation presented an unfavorable re
port on S. B. Xo. 171, giving county
commissioners authority to supervise
and equalize assessments.
A favorable report was presented on
S. B. Xo. 85. by the committee on banks
and banking.
The senate passed bills Xos. CL 93.
1 and 145, which were recommended
for passage by the committee of the
whole yesterday. t
Under suspension of the rules the
senate adopted Senator Stavely"3 reso
lution allowing Judge Aikman to file an
exception to the ruling of the senate in
rejecting Aikman's motion to dismiss
the contest proceedings brought
against him by X. A. Teager for the
position of district Judge in the Thir
teenth Judicial district.
Senator Stave ly then offered a reso
lution ordering that no subpoenas be
Issued in the Yeager-Aikman contest
case, until Teager shall set forth more
THURSDAY EVENING.
definitely his grounds for contesting
Judge Aikman's election.
Senator Robertson objected to con
sidering the resolution and under the
rules it was laid over until tomorrow.
Senator Stavely said the charges made
by Mr. Teager are not saificlentiy spe
cific to permit Judge Aikman to know
what he has to refute.
-Cnless the senate tomorrow decides
to require Mr. Teager to submit more
definite allegations, the contest will
probably be heard by the senate Feb
ruary 2, the date set several days ago.
With Senator Ganse in the chair
the senate in committee of the whole
discussed S. B. Xo. 134. relating to
weights and measures. This bill waa
under consideration, when the commit
tee arose at 12 o'clock, and the senate
adjourned.
The Judiciary" committee has ap
pointed next Monday morning at 9
o'clock as the time for considering
Senator Hamilton's public service com
mission and public utilities bills.
An administration bill relating to the
tax commission and tax laws intro
duced In the senate by Senator Reed
this morning provides that the state
tax commission shall be elected by the
people instead of being appointed by
the governor as at present. This com
mission is also designed to take the
place of the railroad assessors and the
board of equalization. The act provides
that in counties having a population
of less than 30,000 the county clerk
shall be ex-officio county assessor, and
he shall be allowed as compensation
for such services not less than J200 and
not more than $400 annually.
Senator Hodges presented a bill to
day making it mandatory on county
commissioners and boards of public
works to build . concrete or stone
bridges when the cost of such struct
ures is not more than 30 per cent
greater than the cost of steel bridges.
Senator Hodges states that the con
crete bridges will bear about twice the
weight to the square foot that steel
bridges will sustain and that the life of
the former structures is much longer
than that of steel bridges.
The so-called "affinity" bill of Sena
tor Travis of Allen county has been
attracting attention of legislators all
over the country. He has received re
quests for copies of this bill from a
member of the Minnesota legislature,
from a state senator from California, a
member of the Xevada assembly, a
state senator from Oregon and a stats
representative from Tennessee.
There seems to be a misapprehension
about this bill. It is not an "affinity"
bill, but it merely makes it an offense
for a husband or wife to desert their
lawful spouse.
Senator Hunter, chairman of " the
committee On railroads, stated today
that his committee will grant a hearing
at 7:30 o'clock tonight to representa
tives of the independent oil refineries
in the state, relative to senator etan
nard's bill Xo. 244.
This bill establishes maximum rates
for the transportation of illuminating
and fuel oil and crude petroleum in tne
state and also prohibits the giving of
rebates- and discrimination in trans
portation charges. Among other pro
visions is that which stipulates that the
rate for each can, barrel or tank of oil
Khali be computed on the actual weight
of the same, and the rate on tank cars
shall be computed on the actual con
tents.
hrtef the schedule of rates
specified In the bill fixes a charge of
from 3 cents to 14 cents per 100
lbs. on refined oil tn car loads for a
distance of from S to 5a0 miles; m
less than car lots the rate for corres
ponding distances is fixed at from 8
cents to 30 cents per hundred.
The rate on crude or fuel oil in
car lots for similar distances is fixed
at from 2 cents to m cents per hun
dred, and in less than car lots, at
from 8 cents to 30 cents.
The schedule of rates in the bill
makes a difference in charges for
every 50 miles beginning with 6 miles
up to 530 miles.
It is understood that the In
dependent refiners are not opposed to
the bill, but that they desire to dis
cuss with the committee the matter
of charges.
New Bills in Senate.
The following bills were introduced
In the senate today:
S. B. Xo. 321. By Stillings An act
concerning the fees and salaries of
county officers.
S. B. Xo. 322. By Stillings Making
appropriation to aid and maintain the
schools at Lansing, Leavenworth
county.
S. B. Xo. 323. By Committee on
Assessment and Taxation An act to
provide for the assessment of taxes
on the property of telegraph, tele
phone and pipe-line companies.
S. B. Xo. 324. By Hamilton An
act amending statutes of 1901.
S. B. Xo. 325. By Hamilton An
act fixing the salaries of county
clerks.
S. B-- Xo. 32. By Hamilton An
act regulating the procedure of the
courts.
S. B. Xo. 327. By Moore An act
making an appropriation to the
St Joeeph"s hospital. Concordia.
S. B. Xo. 328. By Milton, (By re
quest) An act relating to school dis
tricts. S. B. Xo. 329. By Hodges An act
relating to bridges.
S. B. Xo. 330. By Committee on
Ways and Means An act making
appropriation for interest on state
bonds.
S. B- Xo. 33L By Reed An act to
reimburse Bernard Hiskert.
S. B. Xo. 33 7. By Reed An act to
provide for the election of certain
taxing officers by popular vote.
Substitute for S. B. Xo. 90. By
Committee on Oil and Gas An act to
abolish the offices of the five regular
deputy oil Inspectors and providing
for the inspection of oil and fluids.
S. B. Xo. 332. By Myers (By re
quest) An act to amend session laws
of 190S-
S. B. Xo. 333. By Myers (By re
quest) An act to amend session laws
of 1901 applying to candidates for
election.
S. B. Xo. 334. By Myers (By re
quest) An act In relation to escape
shafts in coal mines.
S. B. No. 335. By Fowler An act
relating to claims against railway
companies for damages resulting
from the loss of property in ship
ment. S. B- Xo. 334. By Leidy An act
creating county courts.
Emporia 37. Oklahoma 33.
Norman, OkLa.. Jan. 28. In the
basket ball game here between the
Emporia. Kan.. State Normal school
and the Oklahoma State university the
score was 37 to 33 In favor of the Kan-
saa team.
TWO CENTS.
NO LABORPARTY.
Contention of Mine Workers
Totes Down Proposition
To Organize an Independent
Political Partj.
TWO FACTIONS UNITE.
Socialists and ConserratlTes
Join In Opposition.
Resolution Faroring Govern
ment Ownership Is Defeated.
Lewis Is Again Elected Presi
dent by Big Majority.
Indianapolis. Ind.. Jan. 28. The con
vention of United Mine Workers today
adopted a resolution demanding release
of Jan Pouren in addition to that of
Christian Rudowica, Russian refugees
In this country, whose cases have been
considered lately on extradition pro
ceedings on the part of the Russian
government. The miners demand the
release of such prisoners "because po
litical refugees of all other countries
cast their eyes upon this as an asylum
for the oppressed."
The resolution further demands the
abrogation of the treaty which pro
vides for the extradition of persons
charged with offenses against a nation
where persons so charged are not to
be tried by a jury of their peers."
This resolution Is intended also tt
apply to Mexican refugees fleeing
across the Rio Grande to escape prose
cution resulting from labor trouble in
that country.
Another effort made thU morning to
put the convention on record as favor
ing the institution of an "independent
labor party" failed. This and similar
measures have come from unions that
are not socialistic in their view, but
nevertheless feel that as neither of the
old parties will take action on the part
of the laboring classes as againt the
capitalistic classes, there should be or
ganized a new party for this purpose.
Opposed by SorinliMts.
The Socialists, of whom there are
about 300 In the convention, oppoce this
policy as antagonistic to their already
established party, but the overpower
ing influence against the new party has
been exercised by the conservatives,
led by such men as Congressman W.
B. Wilson of Pennsylvania, who ex
pressed the opinion that until the labor
factor in society In this country U
strong enough in the conviction to
stand alone its bet advantage Is to b ,
derived from putting upon fimt one and
then the other of the old parties the
fore of union labor influence for legis
: lation for Its benefit.
A resolution recommending that th
union miners should be active In poli
tics and try to have elected in the stats
legislature and to congress men hm
sympathies are publicly known to he
with the working class was en
thusiastically adopted.
While care is taken by the miner
leaders that the organisation shall not
take definitely a socialistic course, and
a resolution for government ownership
of coal mines has been defeated, never
theless the Socialists have been s-uccen-ful
in putting through a resolution rec
ommending public ownership of th
wealth producing agencies of the coun
try, which are now In control of the
"predatory rich" and that there should
be a social reorganization to the com
munity. This resolution was adopted
without a dissenting vote.
Bi Majority for I-wi..
Indianapolis, Ind.. Jan. 2S. It i
authoritatively announced by frtend
of Thomss L. Lewis, president of the
Vnited Mine Workers of America, that
the count of the ballots has proceeded
far enough to show that he has been
re-elected by a majority of between
15.09 and 20.000 over his opponent,
John Walker of Illinois.
TRLVL BY J CRY
In Contempt CMes Demanded by
Vnited Mine Worker.
Indianapolis Jan. 28. After rwrors of
dissension, the United Mine Workers
convention adopted a resolution recom
mending modification of court proced
ure In regard to Injunctions.
The convention declared no !njun
tion should be issued until th em
ployes were notified and that con
tempt charges should be heard by A
Jury before another Judge.
Speeches were made by Congress
men Wilson and Nichols. President
Lewis and others. The resolution on
the Injunction matter which caused ths
speeches follows:
The Tiewo 1 titiona.
"The United Mine Workers of Amer
ica, most emphatically and unreserved
ly protest against ths sentences and
threatened imprisonment of Samuel
Gompers, John Mitchell and Frank
Morrison, officers of ths American Fed
eration of Labor. The action of Justlcs
Wright In the cases can not be accept
ed with any degree of Justification by
the mine workers of America. Vi
maintain that there Is no violation of
the law of the land by our fellow work
men: and that ail the acts complained
of were strictly within the rights as
guaranteed to every cltiaen of this
country by our constitution and or
ganic law. We hold that the Sherman
anti-trust law was never Intended by
congress to apply to labor unions ana
the construction placed thereon by tbs
federal courts is destructive of the use
fulness and only power of organised
labor for its protection and advance
ment. "We further protest against the un
called for and extreme bitterness of the
arraignment of the defendants by Jus
tice Wright as unparalleled in Judicial
proceedings In the courts of our land.
We regard his action as a direct blow
against our individual liberty as work
men and against our labor union. W
condemn the penalties imposed as un
just, unreasonable and shockirgly ex
cessive. Rased on Loyalty.
"Xitwithstandlng Justice Wright's
denunciatory opinion we maintain that
the trade unions have been and are
based on loyalty to the laws of our
country and we are now. and have been
in the past, determined to resent any
encroachments on our rights as guar
anteed by the constitution of our re
public. We denounce government by
CCeesiaasd on Pa? XSshtl t