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SOUIIDSVARtJING South Side Drainage Board Face a Problem. UPPI Can't Construct Dikes On Ac count of Sewer Back-Water. At the Busy Store "Across the Street" Sec Our Show Windows for Monday's Specials. KOGERS SAID BEWARE. THE TOPEKA DAILY STATE JOTJRNAIr SATURDAY EVENING. MAY 1, 190S, 1 City Engineer Saw Predicament Two Months Ago. May Be Necessary to Resort to Original Spillway. . The South side drainage board is fir.t nn dilemma, and then another. The lastest problem to come before the board came through the .tt-tiinr rflaonverv of City Enigneer Rogers, who has been kicking on the dikes and walls this side of the river ever since the matter came before the city. Unless some new Inventor comes upon the scene and points out a way around the matter there will be no dikes built upon the south side of the Kansas river this spring or any other spring. City Engineer Rogers says that the city sewerage system can not be taken care of If big dikes or walls are erected and the engineers in charge of the dike proposition admit that the city engineer is right. A few months ago the State Journal published an article with drawings showing a spillway system us;efted by City Engineer Rogers in which tnat gentleman advised a cut In a point In the river just above the Curtis cem etery and grade out a new river bed running north of North Topeka into the original bed egain near the feardou avenue bridge, east of the First ward. This Idea was hatched with the new ' sewer trouble in mind and the city engineer told the State Journal re porter at the time that the present truoble would soon become apparent. It has developed now that the fore thought of the city official was well founded and the south side dikes are as far away as they were long before the flood. , i. v trnnh n every time there Is a big rain in this city the sewer heads in the vicinity of City park blow out with the rush of the immense amount of water and they spout like fountains running down through the City park into the river There is not a sewer In this city that can take care of the big drainage dis trict which feeds these holes at the time of a heavy rain. .,,,, If the stone walls or earth dikes were constructed on the bank of the river where would all of this surplus water go? This is the question that is bothering the drainage board and will hold up the building of the dikes. The dikes would form a regular dam for this surface water and a lake would be formed on this side of the river in a very short time. Even dur ing a heavy rain the flood of water would drench the business houses and factories located in the vicinity of First street and the Rock Island yards. Thesfc' people-would never stand for such a condition of affairs especially since it has been through their influ ence that the dike idea was carried "cVty Engineer Ropers has carried forth this Idea all the time. He has given In terviews to the newspapers In connection with this coming trouble but some way or other the proper officials have never realized the condition until lately. En gineer Parkhurst admitted to the city en gineer Xnai LIIW qucsuun wwuiv. " ' ' ersome one and from the present outlook . i . , i 1,1 t,auA n nlnnnnd riif. tile (lines ll Ll 1U " . " ferently. The sewers of this city drain such a large territory that it is absolutely lm- possiDie IU ITUine mem i " tvm " " " a big rain storm drenches the city. The . i . i. I ........ .1 (th o firtt rtf run. I lly n is . . ...via ...... nlng water from the sewer manholes dur ing these rains. This is not only unsani tary but it is dangerous to the property irt the vicinity. A system of dlTTes would cause a flood every time an April show fr fell over the city. Nothing has been done so far to solve the problem. Jamen Jesse, who has been council sten- ographer for a number of years, has re signed to lane up tne naraware Dusiness In Auburn. Kansas. C. D. Wellman, a general reporter, has been appointed by i ity Clerk Burga to till tne position. Mr. Jesse was a valuable reporter. TO BE READY JUNE 1. Smooth Sailing for the Tariff Bill Is Looked For. Washington. May 1. Chairman AWrich of the senate committee on finance and other members of both houses of congress, who call at the White House almost dally to talk tar iff with President Taft, are of the opinion that the bill will be ready for tne signature oy June 1. The president 1 much pleased with the prospect. There appears to be no friction between the president and the leaders in the tariff fight, and Mr Taft retains the belief that a satisfactory bill will come out of the conference that follows the passage of the bill now pending In the senate. judgeTs enjoined. Missouri Roads Restraining Proceed ings in Rat Cases. Jefferson City, Mo., May 1. The supreme court of Missouri today Is sued a - restraining order against Judge Williams, of the St. Louis cir cuit court, prohibiting him from pro ceeding wtih the railway rate cases, filed In his tribunal by Circuit Attor ney Jones of St. Louis. The writ was made returnable May 15. It was is sued at the instance of the Missouri Pacific, Iron Mountain, Missouri, Kan sas & Texas and St. Louis-Southwestern railroads. Stole for Fifteen Years. Seattle, Wash.. May 1. R. p. Park hurst, formerly assistant cashier of the First National bank, was today found guilty of embezzlement of $50,000 from fhat institution. His peculations as shown by the evidence extended through 15 years and were -charged up by manipulation of the bank's bal ances in San Francisco, Chicago nnd New York. Sentence was deferred. Boston Evening Herald Suspends. Boston. May 1. The Boston Herald made the announcement in this morn ing's issue that It had suspended the publication of the evening edition of tho paper. The morning edition, u w ever, will be continued. Gauze Union Suits 75c values, after supper special- 3 tor 1 Limit 3 to a customer. PURE FOOD LAW UPHELD. Its Constitutionality Is Questioned Dy Two Concerns. Chicago, May 1, Federal Judge Sanborn in a test case questioning the constitutionality of the government pure food and drug- act, today upheld the validity of the law. The case was that of the govern ment against the Crescent Manufac turing company of Seattle, makers of "mapellne." The government alleged that the use of this name constituted misbranding inasmuch as this substi tute for maple syrup contained no maple Juices. The defense aside from attacking the constitutionality of the law alleged that the name was Justi ed by the flavor of the product. The government seeks to confiscate $37,000 worth of the "Mapleline" con signed to Louis Hilfer & Company' Of Chicago. Other consignments in vari ous parts of the country are also said to be in Jeopardy of selaure., The case will be appealed to test the fconstitu tnallty of the act. Corn Products Company Fights. Cincinnati, May 1. The Corn Prod ucts company of Chicago attacks the constitutionality of the pure food law in an answer filed today In the United States district court to the allegations of United States District. Attorney Mc pherson, who a few days ago caused the United States marshal to seize 4 packages and bags of sugar manufac tured by the Corn Products company. The government aleges that the sugar was labeled "pure sugar," whereas it was adulterated. The Corn Products company admits the label, but denies the sugar was adulterated. The company attacks the constitu tionality of section 10 of the pure food and drugs act on the grounds that "the section contains provisions that are unreasonable and the section pro vides for unduly oppressive measures and deprives citizens of their proper ty by harsh and unusual means." IT'S A JOLLY CIRCUS. Y. M. C. A. Boys Give an Interesting Exhibition. When you miss the Barley and Bay rum circus, you miss the treat of the reason, so don't miss it. In some re spects, it is like other large circuses, but in others it Is remarkably differ ent. For one thing, the agent does not pass among you. The concert, immediately following the big show, is free. Peanuts, popcorn AND candy are purveyed in the time honored way. and expert ushers "ush" each spectator to his or her numbered re Served seat. It must not be gathered that the bly show is a huge Joke, a la church fes tival. It will have to be admitted that the feats of strength and agility staged by a large number of T. M. C. A. athletes would draw a good salary in a professional class. Feats of tum bling, trapeze acts and pyramid formation shown at the opening per formance last night, were a surprise to the many spectators who had never seen the like outside of a road crlcus or vaudeville house. The clowns are Just as funny and far more original, compared with the -fun makers of professional shows, and the remark able drill work of the several classes add much to the attraction. And don't fail to see the mammoth museum and side show. Step right that way only ten cents. See Fatima, the fattest fat lady. Pawnee Pill and his wild west show, the extremely wild wild man. and all the rest. Take a good look at 'the side show .before entering the big tent for the princi pal paw-fawmance. - It -Is certainly worth while ana ten cents. The two-ring show is conducted In the gymnasium, which' has a floor space equal to many real circuses, and comfortable seats not . boards- are provided for spectators. The show will be given again to night, and it is to be hoped the attend ance will be larger. The Y. M. G A. boys have expended time and money on the entertainment,- and have con cocted something which is worth a whole lot more than the price of ad mission. Tug Sinks With AH Hands. Detroit, Mich., May 1. A special from Houghton, Mich., says the tug Nester has been sunk in Lake Superior witn an nanas. 65c Gowns Full size, good material, lace trimmed, hem stitched yoke, af ter supper special 35c, or 3 for $l Limit 3 to a customer. The Situation in Turkey at a Glance. MASSACRES IN TURKEY. Results of Attacks on Christians Make an Appalling Record.- ... ; .. Constantinople, May 1. The mas sacres in Armenia and Asiatic Turkey due to the Moslem fanaticism and hatred of Christians, are appalling. The city' of Kirikan, inland from Alexan- dretta. has been completely wiped out and practically every person killed, in cluding women and children. Adana, where the massacre first opened, is a mass of ruins and the, dead are piled In the streets. Tarsus, the birthplace of Paul, situated on the railroad be tween Mersina and Adana. has been rractioally destroyed, and many people killed. H&djim. northeast of Adana. has had some blood shed and many or the cities surrounding Hadjim have been completely destroyed. Up to Ar rr.enla. although reports from this dls. trict are very meager, it seems that conflagration and murder have been unceasing for many days. Aleppo and Flirelik have been tne scenes or addi tional outrages. Beirut is liable to be the scene of an uprising at any time. The ruler of the island of Samos has been killed. Constantinople is in the power of the young Turks and Adrian ople and Saloniki are receiving many deserters from the sultan's army be sides the young Turks. AMR1NE GETS A JOB. Council Grove Editor to the Gover nor's Official Family. A. F. Amrlne, of Council Grove, member of the last legislature from Morris county and editor of the Coun cil Grove Guard, was today appointed and entered upon his duties as assistant executive clerk In the governor's . of fice. - Mr. Amrlne was formerly a member of theb oard of regents of the normal schools and is well known in the po litical circles of the First and Fourth congressional districts. While he was a stalwart among the administration members of the last house yet he was not seeking a job and this appointment came as a pleasant surprise to the Council Grove editor. GOING TO PEACE COXFEREXCE. XV. R. Bigham of White City Will Attend as a Delegate. W. R, Blgham of White City, Morris county, stopped off today In Topeka , on his way to Chicago as a delegate from Kansas to the international peace confer ence which convenes in the Windy city next week. - '"..'. s ' " Mr. Bigham wears the bronze button of the G. A. R. and was formerly Amer lean consul at Cape Town. Africa, ap pointed by McKinley. When- Roosevelt assumed the place of power at Washing ton Mr. Bigham lost out. The Kansas man lost his place in the consular service come four years ago and has since then lived quietly at his home in White City. But he stands high in the view ot a very large number of Kansas people who know and appreciate his worth as a man. Mr. Bigham is -one of the few men who take a deep enough Interest In the peace movement to defray, his own expenses oa the trip to the Chicago- conference. 42x36 Pillow Cases Worth 15c and 17Jc each, after supper special for 1 hour only, 8 to 9- 15c pr. Limit 3 pairs to a customer MAIL ORDERS FILLED PROMPTLY Good Seasonable Merchandise at 50c on the Dollar. Why Pay More Kansas Avenue Zanditon Stand LID IS ON IN CHICAGO. Plans Where Liquors Are Sold Must " Observe Closing Ordinance."7 Chicago. May 1. The lid is on. Official word has gone out that Chicago saloons, clubs, cafes, and restaurants are to be compelled to obey the one o'clock clos. ing ordinance. Until two weeks ago, it is estimated by well Informed politicians, tbefe were 800 or 900 all night saloons in Chicago, not counting the clubs. As the time for pay ing the annual saloon license fee ap proached the lid was lifted a trifle high er until it was said that Chicago had be tween 1,500 and 2.000 drink emporiums operating twenty four hours a day. So large was the number that it was decided to put all under the ban, hence the order. It is Bald that the order will be rigidly en forced even against tne nrst class ciuds. TO CELEBRATE BATTLE. 'Dewey Was the Morning Manila Bay." Down In Chicago, May 1. The battle of Manila bay, in which Admiral Dewey annihilated the Spanish fleet under Montejo, will be celebrated tonight at the annual banquet of camp L,uzon, Army ot tne r muppines. Colonel George F. Chase, inspector gen eral, United States army, will act as toast master, and General P. J. H. Rarrell. com mander-in-chief. Army or the Philippines, will preside. SUES EX-MAYOR FELLOWS. Laborer Asks $25,000 for Injuries Received at Hot-ton. Suit has been filed in district court by John Pierson. a laborer, aralnst Chas. A. Fellows, contractor and former mayor of Topeka, for $26,000 damages. Pierson al leges that while employed by the Rock Island company at theHorton round house he was permanently injured through the carelessness of men employed by Fellows. At the time Contractor Fellows was re pairing the Horton round house, and Pier son states that some of the workmen swept bricks and other debris off the roof onto his head, fracturing his skull, caus ing partial paralysis and causing Injury wnicn will enorien nw nie. The alleged injury was received Jan uary 15, 1906, or over three years ago. To get around the statute of lilmtations the allegation is made that Mr. Fellows has been a non-resident of Kansas for two years. Pierson sued the railroad company but lost the suit in the federal court. BROKE INTOlAIL Business Stops in Texas Down While Citizens Lynch a Negro. Tyler. Tax., May 1. A mob of 1.000 persons broke into the Jail here today and lynched Jim Hodges, a negro charg ed with assaulting and seriously injur ing Miss Winnie Harman near here last night. During the lynching busi ness was practically suspended. Beginning May 1, 1909, I will con duct my store on a spot cash basis, will not run an order wagon but will make all deliveries for the cash or casn on delivery. Watch ane for bar gains. The Gus Van Cash Grocery, 911 Kansas avenue. Both phones 291. Extra Special 10 bolts, 60 yards to bolt, or just 600 yds. Linen Color Linen Crash; 8c & 10c value, after supper special per yard 6c ' ALL ABOUT TWO HOGS. Appeal of Bert Tawney Before Su- Dreme Court a Second Time. The anneal nanen In thn mm nf tho State vs. Bert Tawney were filed today with the clerk of the supreme court from Franklin county. This is a remarkable case, and this marks Its second appear ance in the supreme court. Tawney was accused of stealing two hogs, valued at 3 each, from B. F. Mathlas. He was con victed in the lower courts and appealed the case to the supreme court and the veraict was set aside. ie was tried again in the Franklin county district court, after trying in vain to get a change of venue on the ground that the judge was preju diced, and was convicted a second time and sentenced to the penitentiary for from one to five years at hard labor. In this second appeal to the supreme court the transcript covers some three hundred pages. The court costs alone in this case now amoufit to over $200 to say nothing wi tuxicj Ana an over two little old hogs, of the value of $3 each. STORM HITS SAVANNAH. Trees Uprooted .Houses Unroofed and People Injured. Savannah. Ga.. Mav 1 Th n. western section- of thin nlf-w won emmir at 11:30 o'clock- today by a severe storm which uprooted trees, unroofed nouses, tore aown fences and injured several people. - , The McKane hospital for negroes was badly damaged. A factory was unroofed and one man badly Injured. The storm lasted not more than one and a half minutes. Wind and Rain. Philadelnhiji- Pn Vav 1 a - storm of short duration passed over the northern section of the city this afterncon leaving damage in its wake. jt. linn uuzua nouses were unroofed and trees were uprooted. The wind was accompanied by a heavy rain. 1 1 r ixiitir 1 1 nn err Norfolk, Va., Jtfay 1. Severe elec trical storms RcromrtjiTirt hv rential rain swept over Virsrlnia. North and South r . ....L, Mt.Ul ft Alabama and eastern Tennessee last mgnt. Maxim Defends Silencer. Hiram Percy Maxim, inventer of the noiseless gun, was asked what he had to say about the threat of the chief or ponce or Pittsburg, Pa., that he would arrest any one found possess ing a silencer, and also clap him in jail, and he said: "The chief of police of Pittsburg, If no is quotea correctly, tens now easily and without detection one man with a silenced revolver could kill another. Evidently he has not even read the papers, for It has been stated very piainiy time ana again tnat no silencer has been or could very well be fitted t a revolver. The construction of a revolver, with Its chambers open at both ends, prevents its equipment with a silencer. Only rifles are thus equip ped, and murderers do not go around armed wltn rines. "Then, again, as has been carefully explained, tne noise of discharge of a silenced rifle would be loud enough to betray the man who fired unless a gun of small caliber and low velocity were used. It has-been demonstrated that when a bullet travels at the rate of 1,200 feet or over per second it makes a crack as it tears through the air that is perceptible for 200 or 300 yards. By means of the silencer the explosive noise is done away with, but the bullet noise remains." Hartford dispatch to New York Times. Weather Makes the Tipplers. "Of all the depressing places in the world I put Glasgow, Scotland's chief city, in the front rank." said Mr. Arthur K. Hudson, a member of the San Francisco board of trade, at the Rennert. "The reason lies In the beastly cli mate. In the year I was compelled to remain there by business reasons it must have rained 300 days out of the 365. The last week of my stay the weather was so dismal from the rain that came down so monotonously that we were forced to burn lights the whole time in order to seo how to work. No wonder the average man In Glasgow has an appetite for. ar. dent spirits and that many of its women are habitual tipplers. With skies that are eternally weeping and with an atmosphere . reeking with moisture it is natural that people seek the comfort of artificial stimulation. If they had our sunny skies they wouldn't drink half so much." Bal timore American. . . ., Extra Special in Hosiery Dept. One assortment Ladies' 65c & 75c Lace and Fancy Hose, black and tan, special for 2 hours, 7 to 9, each 35c 2 3 pair lor $1.00 Limit 3 to a customer. Is Your Need of IF Come in and " size up " our facil ities for handling this class of work TERRY STAFFORD GARAGE; Seventh and Quincy Both Phones 706 Broken Castings Mended Quick The mere breaking of a cog wheel or lever, may be the cause of the whole factory shutting down. Waiting for repairs, or new parts from abroad is mighty tedious business. OUR PROCESS Of cast iron welding, absolutely does away with delay, and gives you a stronger part than "before the break occurred. If you have any broken cast ings now, which would be of value to you if they were strong as new, bring them to us. . Electric sign construction, switch board building, motor work and repairing are all specialties in our business. Our charges are on the square. The Machinists Electric Co. 108 West Eighth Street Phone 634 LOCAL MENTION. A cellar full of tires at Padgett's Tire House. 118 E. 7th. Topeka. Kan. Developing and finishing for ama teurs. The Art Loft, 501 Jackson. Telephone Howard. ' 503 Ind., and get that Lawn Mower sharpened. The entertainment committee for the State Sunday . school convention are making a canvass over the city trying to obtain places for the lodging and breakfasting of dele gates. It is proposed to pay '50 cents for the two accommodations. A num ber of people have offered their homes willingly but there are many more needed. The .advantage of using the In dependent Long Distance toll lines is that you talk to your oarty at his place of business or at his residence. Dr. C. E. Hulett, Osteopath, 813 Kan. ave. Ind. Phone 318. i- dy in office. In recommending Barnhart, the Rev. Root. Mclntyre, D. D.. pastor of the First Mathodlst church of Los Angeles, says:- "In my ministry of nearly SO years In various cities. I have had as helpers many fine choristers, but the outstanding man is Prof. Harry H. Barnhart. He is the ideal leader of a choir and also a great soloist. His tal ent will carrv him far. and at the back of It ia sterling character and magnetic 50c Values for 29c After supper spec ial Elastic Seam Drawers worth 50c from 7 to 10. ft Limit 3 pairs to a III customer. I Auto in Repair ? SO J Wont Slight a Good Friend. "If ever I need a cough medicine again I know what to get," declares Mrs. A. L. Alley of Beals. Me., "for. after using ten bottles of Lit. King's New Discovery, and seeing its excellent results in my own family and others, I un convinced it is the best medicine made for Coughs, Colds and lung trouble." Every one who tries it feels Just that way. Relief la felt at once and its quick cure surprises you. For Bronchitis. Asthma, Hemorrhage, Croup, LaGrippe, Sore Throat, pain in chest or lungs it's supreme. 60c and $1.00. Trial bottle free. Guaranteed by Campbell Drug manhood." Mr. Barnhart opens the Topeka May Festival with a song re cital in Auditorium Monday, May 3, at 3 p. m. The quarterly meeting of the Kansas Red Cross society will be held at the office of Gov. Stubbs at 2 o'clock Wed nesday afternoon. Mrs. Friedman Seeks Divorce. Vida Freidmsn has brought suit against Louis H. Friedman for divorce. She states in her petition that she married tha defendant in Usui In Joneavllle, 111. That he Is guilty of extreme cruelty and has a violent temper and is a nagger and fault finder. He earns $25 per week as a cloth ing salesman, and she wants him to pay the costs of the suit and give up 80 shares of B. and L. which be holds, but which IS her own property.