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The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, December 28, 1912, LAST EDITION, Image 1

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READ IT.
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LAST EDITION.
SATURDAY EVENING.
TOPEKA. KANSAS, DECEMBER, 28, 1912
SATURDAY EVENING.
FIVE CENTS.
V
ALL GUILTY
, EXCEPT TWO
Thirty-Eight Out of 40 of the
Defendants
In the Dynamite Conspiracy
Case Are Convicted.
ONLY BUCKLEY AND SEIFFERT
Are Acquitted by the Verdict of
the Jury.
Charge Was Complicity
"Work of the 3Icamaras.
in
Indianapolis. Dec. 28. Thirty-eight
labor union officials today were found
guilty of complicity In the McSamara
dynamite plots, including the wrecking
of the Los Angeles Times building.
Frank M. Ryan, president of the In
ternational association of Bridge and
Structural Iron Workers was among
those convicted.
He with others was accused of using
the union's funds to destroy the prop
erty of contractors who refused to
recoenize the union.
Two defendants. Buckley and Seiffert,
mere found not guilty.
Guilty on All Counts.
All those adjudged guilty were
found guilty of all the counts as
charged in the indictments.
The jury was discharged and court
adjourned until 10 a. m. Monday, at
which time sentences will be im
posed. . ,
After Judge Anderson had cleared
the court room, the 38 prisoners were
taken in custody by deputy United
States marshals and especial detec
tives and were taken to the Marion
rniintv 1a.il.
Seiffert and Buckley, the only two
men out of the forty labor union of
ficials to be adjudged not guilty. lm"
mediately were discharged from cus
tody.
Those Convicted.
The following were found guilty:
Frank M. Ryan, president of the
International Association of Bridge
and Structural Iron Workers.
John T. Butler, Buffalo, vice presi
dent. Herbert S. Hockin, former secre
tary and formerly of Detroit.
Olaf F. Tveitmoe, San Francisco,
secretary of the California Building
Trades Council. ,
Eugene A. Clancy, San Francisco.
Philip A. Cool-ey, New Orleans. .
Michael J. Young, Boston.
Frank J. Higgins, Boston.
J. E. Munsey, Salt Ike City, Utah.
Frank C. Webb, New York.
Patrick F. Farrell, New York.
John H. Barry, St- Louis.
Paul J. Morrin, St. Louis.
Henry W. Legleitner, Denver.
Charles N. Beum, Minneapolis.
William E. Reddin, Milwaukee.
Michael J. Cunnane, Philadelphia.
Richard H. Houlihan, Chicago.
James Conney, Chicago.
James A. Coughlin, Chicago. .
William Shupe, Chicago.
Edward Smythe, Peoria, 111.
James E. Ray, Peoria,
Murray L. Pennell, Springfield, 111.
Wm. C. Bernhart, Cincinnati.
Wiiford Bert Brown, Kansas City,
Mo.
William J. McCain, Kansas City, Mo.
Frank K. Painter, Omaha.
Peter J. Smith, Cleveland.
George Anderson, Scranton, Pa,
Edward E. Phillips, Syracuse, N. Y.
Charles Waehmeister, Detroit.
Frank J. Murphy, Detroit.
Fred J. Mooney, Duluth.
Ernest G. W. Basey, Indianapolis.
Fred Sherman, Indianapolis.
Hiram R. Kline, Muncie, Indiana,
former organizer ' for the United I
u-.vt-Vih r,f rarntiter and .tninsra .
Brotherhood of Carpenters and Joiners.
The following were found not
guilty:
Herman G. Seiffert, Milwaukee.
Daniel Buckley, Davenport, Iowa.
Dramatic Scene In Court.
The scene Just before the appointed
time for the court's convening was in
tensely dramatic. Easily the most
picturesque defendant, both because of
his prominence as a la Dor leaner on
the Pacific coast and because of his
studious habits Olaf Tveitmoe. San
Francisco sat in the very middle of the
court room, his hat in one hand and
his cane in the other. Tveitmoe had
been known as the literary personage
of the trial because of his persistent
reading of poetry during the testimony
about dynamite piots.
Ryan, the head of a union of 12.000
members sat in the last row of the de
fendants' seats, having changed his po
sition from a point near a table once
occupied by Senator J. W. Kern, his
counsel. In front of him was located
J. E. Munsey, Salt Lake City, accus
ed by the government of having as
sisted in the escape of James B. Mc
Namara while the latter was fleeing
from the scene of the Los Angeles ex
plosion. Among the business agents of the
iron workers brought from many cities
was Herman Seiffert. Milwaukee. Sei
fert's part in ttu conspiracy as charg
ed by the government was placed while
he was acting as business agent for
four days during the illness of W. E.
Reddin. also on trial. Back near the
jury box surrounded by bailiffs were
four defendants who for weeks have
been kept in jail because their bonds
had been set aside.
Confronting all these in court and
above the judge's desk and illuminated
by the soft glow of electric lights hung
a huge allegorical painting represent
ing Justice, which the defendants had
looked upon, as week after week thev
lieard stories of violence, assaults, riots
and dynamiting related on the witness
stand.
Aided In Times Plot.
The conviction of Olaf A. Tveitmoe
and Eugene A. Clancy, of San Fran
cisco, and J. E. Munsey, of Salt Lake
City. sustained the government's
charges that they aided in plotting the
Los Angeles explosion in which 21 per
sons were killed and assisted in the
escape of James B. McNamara in his
flieht from the scene of the crime.
By its verdict the Jury also sustained i
the charges that McNamara brothers !
now in prison In California, were aided 1
in the nation-wide dynamite plots by
almost all the executive officials of the
Iron Workers union and that thev
knowingly carried on the conspiracy for
years causing explosives to be trans
ported on passenger trains.
As the head of the union of 12,000
members Ryan once sat in the councils
of the American Federation of Labor.
Tveitmoe, of San Francisco, was
charged with not only supplying two
men to assist In blowing up the Los
Angeles Times, but also with having
asked for more explosives on the Pa
cific coast. He is secretary of the Cali
fornia Building trades council, an
editor and a recognized leader in labor
circles on the coast. Also at the head
of those found guilty is Herbert S.
Hockin, called "The Iago of the con
spiracy" because he was charged with
first initiating Ortle E. McManigal as
a hired dynamiter and then with be
traying all the dynamiters to promote
his own ambition. It was he who once
secretary of the International union
"whispered into the ear of Detective
Burns the names of the Los Angeles
Times dynamiters."
Branded as a Perjurer.
John T. Butler, vice president of the
Iron workers also was convicted being
branded by the court as a "perjurer"
after he had denied that McNamara
was drawing $1,000 a month to pay for
dynamiting.
An almost tragic scene took place in
the court room in the few minutes fol-
lowing the end of the trial. As U. S.
j Marshal Edward Schmidt ordered the
prisoners one by one to step before the
court, the wives of a score of the men
in the rear of the room leaned pitifully
over the railings calling for their hus
bands.
Mrs. Frank J. Higgins, of Boston,
leaned far over the railing and col
lapsed. She had been crying hyster
ically. Another disposition was shown
by Mrs. Barry, of St. Louis. With a
smile she threw her arms about her
husband begging him to have courage.
"Be of good cheer, John," she said.
"You cannot expect a severe punish
ment." As soon as his name was called,
Frank K. Painter of Omaha, pulled a
stick pin out of his necktie and his
purse out of his pocket and handed
them to one of his attorneys.
James Cooney, one of the Chicago
prisoners, sat with outward calm
reading a newspaper while the verdicts
were being read and threw down the
paper only when his name was called
to step before the court.
Possible Punishment.
Possible punishments vary from any
minimum to a maximum of 39 and
one-half years, in the. discretion of the
court.
Each prisoner as found guilty,
stands convicted of having In one in
stance joined a conspiracy to commit
an offense against the U. S. govern
ment, this being punishable by two
vears imprisonment or a fine of $10,
000 or both.
Each prisoner is found guilty on 25
charges of illegal transportation of
explosives on interstate passenger I
trains, each offense being punishable
by an imprisonment of eighteen
months or $2,000 fine or both.
While the cumulated possible pun
ishments are 3 9 and one-half years,
the court Intimated in the course of
the trial he would Impose sentences ,
in cwii'iirrlo ni'rt with ti a HoirraR rT Cllilf !
All the overt acts were charged as
being related to the series of dynamite
and nitroglycerine explosions, Includ
ing those on the Pacific coast as well
as those in New England, which were
directed against "open shop" structural
iron and steel contractors against
whom a strike was called by the In
ternational Iron workers union in
1905.
After receiving their sentences the
prisoners are to be taken to a federal
prison, probably at Fort Leavenworth,
Kan.
A special train probably will be used
for the trip.
Jury Out Since Thursday.
The end of the historic trial came at
10
a. m., the jury having been out ,
"a? thhaUtrSt1meatht juTors entered '
t,,L ,Vm D fJ!'
room? passed before "thTforty "men on !
Mai i r, a i v. n-C- r
what they were about to reveal only !
bv intpnsclv nalfi farps sat rtnnn. I
" "Gentlemen of the jury, have you !
agreed upon verdicts?'" asked Judge
Anderson.
"We have," said the foreman, rising
fr m his seat. His voice was like a
whisper but it .t-tchced throughout
the courtroom. The sobbing of worn
e.i was heard fum that part of the
room where tne wives of the defend
ants sat.
.-i bundle of white papers was passed
from the jury box to Clerk Noble C.
Butler. On those papers was written
liberty or imprisonment for mans'
more men than are usually tried by
one jury. Back in the rear of the
courtroom the suppressed sobbing
again suggested agitation.
"Everybody remain seated," de
manded the United States marshal. Si
lence again was restored save for the
rustling of the papers which Clerk
Butler tremblingly held in his hands
and which he proceeded to read.
The first name was Ryan. Clerk
Butler pronounced it and cleared his
throat.
"Guilty," he said. "We find the de
fendant Ryan guilty as charged in the
indictment."
Verdicts Read One by One
All who could see him looked at
Ryan, a gray headed man of 5 7 years
of age and appearing older, a man who
had traveled for the union so much
that he said he had no home, and save
for two grown sons had no family. "I
have a furnished room in Chicago, '
was his oft repeated description of
home.
"Gentlemen of the jury, is that
your verdict "
The answer came from each juror,
t, ,
Then began the further reading of
the brief message which pronounced
one by one the fate of the other de
fendants. The men were not charged actually
with causing explosions. The only
charges under which they could be
prosecuted by the federal government
were conspiracy and illegal transpor
tation of explosives. But the court
ruled that evidnce as to violence was
competent as showing a motive.
"I'm rot ready to believe that or
ganized labor yet stands for the things
that have been shown here." was one
of Judge Anderson's statements to the
Jury.
"This is not a trial of labor unions
but of union officials accused of wrons
doing"
(Continued on Page Two.)
'DUNNEirjULTAN
Mnlai Hafid lias Right Sys
tem With Bill Collectors.
Sends Dentist to Mountains
Until lie Learns Better.
Tangier, Dec. 28. It is supposed that
the deposed sultan, Mulai Hafid, has
imprisoned his Spanish dentist, Dr.
Cortes, who had dared to ask for his
long overdue salary.
Mulai Hafid ordered that Cortes be
held a prisoner in the mountains until
he understood that he could not de
mand money for ' services rendered
from the one time sultan of Morocco
with impunity. On learning of this
condition of affairs, the friends of Dr.
Cortes organized a rescue party, but
the followers of Mulai Hafid chased
them away.
The affair may have a diplomatic
sequel.
SELL THETIMBER
School Land Squatters Make
Good Money on It.
Prosecutions May Follow,
County Attorney Says.
Lamed, Kan., Dec. 28. A new
phase of the Arkansas river island
school land controversies which may
result in numerous criminal prosecu
tions has developed here. It has been
publicly noticed for the past two
weeks that all records are being brok
en in the sale of timber and firewood
at this place. Investigations show
that practically all the wood comes
from alleged school land islands
claimed by squatters under the school
land decision of the supreme court,
several weeks ago.
Squatters are clearing the land
claimed and selling the timber.
Because of the coal shortage the
market is very favorable. In most
cases the riparian claimants have
brought ejection proceedings against
the squatters and the latter have no
clear title to the land. County Attor
ney W. H. Vernon, jr., has publicly
notified squatters to discontinue the
practise or arrests will follow at once.
Some 25 alleged islands, valued at
from 125.000 to $175,000 have been
jumped in Pawnee county alone.
Numerous tracts of land, clearly ac
cretions and not islands, have been
jumped and cleared. Owners of land
adjoining the river fear that unless the
practise is summarily stopped Arkan
sas river bottom timber will be prac
tically destroyed.
BRIDE IS 'FREIGHT'
English Girl Shipped to U. S.
by Her Loyer.
Bill of
Lading Insures
Safe Arrival.
Her
Galveston, Texas, Dec. 28. Shipped
across the ocean as freight. May Simp
son, a young English girl, arrived here
today on the steamship Indore from
Liverpool on her way to El Paso, where
she Is to be married.
Miss Simpson never had traveled
alone before and her fiance, Arthur
stat ,.i,o,i ,-,h .t.j
this novel means -f ln3urin that ahe
should reach her destination In safety.
Morton had expected tomeetth. girl
upon her arrival here. TV hen he founi
Jle nt do. so- n sen the
bill of lading and invoice to the G&lves-
ton Young Men's Christian Association
and asked that Miss Simpson be met
and given directions for making the
journey to El Paso, where he would
meet her and they would be married
at once.
Morton and Miss Simpson became ac
quainted in Liverpool several years ago.
AN OUSTER SUIT.
W. R. Biddle Files One Against Judge
Elect Ilulett of Fort Scott.
Alleging irregularities in the Bour
bon county election, W. R. Biddle has
filed ouster suit In the supreme court
against C. E. Hulett, recently elected
Judge of the Sixth Judicial district.
Biddle, who was the Republican nomi
nee, alleges that Democrats not regu
larly appointed on election boards, were
permitted to assist in counting the
ballots.
Judge Hulett has been officially de
clared elected. He has received his cer
tificate and his majority is shown as
35 over the Republican nominee. On
the face of the first official returns,
Hulett had a majority of 72, but it
was found that the straight Democratic
votes in one precinct had been counted
twice. When this correction was made
on a supplemental report. Judge Hu
lett's majority was reduced 37 votes.
It is on this showing that Biddle
now asks that Hulett be ousted from
the office and that he himself be de
clared the regularly elected candidate
for th oBurbon county judgeship..
CQNLIN PHILLY LEADER
Rumor Has It He Was Bought
Succeed Dooiu.
to
Philadelphia. Dec. 28. It is be
lieved here that the Philadelphia
club's refusal to w-aive on Mike Don
lin presages the early removal of Red
Dooin as manager of the National
League club and the elevation of the
scrappy outfielder to his place.
Donlin long has held managerial
ambitions and it is known that Charles
P. Taft, owner of the Quakers, never
has been deeply impressed with
Dooin's qualifications for the position.
WITH OLDFRIENDS
Got. Wilson Awakes in Honse
Where He Was Born.
Great Crowd Gathers for Cele
bration of Birthday.
PUBLIC RECEPTION FOR HIM
And a Banquet at Which President-Elect
Will Speak.
XegroWho Wheeled His Bahy
Carriage Heads Parade.
Staunton, Va., Dec. 28. Woodrow
Wilson, president-elect of the United
States, opened his eyes here today In
the same home and In practically the
same surrounding as fifty-six years ago
today when he was born. He had slept
in the parsonage of the First Presby
terian church of which his father. Rev,
Jos. R. Wilson was pastor more than
a half century ago.
From far and wide have come ad
mirers and friends. The crowd began
to surge through the streets early to
gain the best vantage points from
which to catch a glimpse of the future
president and to view the parade which
marks the celebration of his birthday
anniversary.
Governor Mann and other officials
both state and local joined in welcom
ing Governor Wilson. To this he had
prepared a speech in response. Then
followed a public reception and tonight
a banquet at which he is to speak.
Governor Wilson inserted a few extra
numbers in the program when he de
cided to visit three . women who had
danced him on their knees when he
yelled lustily and who had admiringly
examined his first teeth. They are
Mrs. Elizabeth Kayser, Mrs. H. L.
Hoover, and Mrs. Amanda Fulbe. The
parade which the next president re
views with Gov. Mann will follow an
informal reception at the Manse. Rev.
Dr. A. N. Frazer, pastor of the church
which Wilson's father headed and who
now occupies the birth home of Gov
ernor Wilson will deliver the welcoming
address.
At the reception to follow the first
in line will be a negro, Frank T. Ware,
who wheeled Governor Wilson during
his babyhood.
Before the parade Governor Wilson
received the town officials and the
various committees who planned the
celebration.
As a birthday present the municipality
presented to its distinguished guest
two ivory miniatures of the Rev. and
Mrs. Jos. R. Wilson, parents of the
governor. Old residents came Dy the
scores to shake the governor's hand.
"I heard your father preach many
years ag," an old fetter -carrier told
him.
"Did it do you any good?" asked Mr.
Wilson. "No, I'm a Methodist," was
the reply.
GRABS ATWNEY
Woman Tries to Steal From
Contribution Box.
Subdued by Priest After Live
ly Tussle.
New York, Dec 28. As the Rev.
Father Joseph McCann was slowly
walking up an aisle toward the pul
put in the Church of Ascension, in
West One Hundred and Seventh
street, with a well filled collection
plate in his right hand, during early
mass, a well dressed woman stepped
from her pew and snatched four en
velopes from the plate.
For an instant Father McCann was
astounded, but before the woman
could get two steps away he grasped
her hand. The woman, screaming,
tried in vain desperately to break the
vise-like grip with which the young
priest held her.
The struggle between the two con
tinued for more than a minute. Many
women became hysterical and money
fell from the plate to the floor.
Detective Riley, who is a member
of the congregation, was in the rear
of the church. He had considerable '
difficulty making his way toward the
fighting woman and the priest, but
finally reached them. He dragged the
woman from the church and took her
to the police station, where she was
locked up.
Riley produced the four envelopes
which the woman had tried to take.
They contained $13.60. She was
charged with petty larceny.
After considerable coaxing she gave
her name as Mrs. Mary Cox, a widow.
She said she was 44 years old. As
she was being led into a cell Mrs.
Cox dropped a large pebble from her
mouth. She would not tell why she
had placed the stone there.
THE DAILY DEATH LIST
Great Bend, Kan., Dec. 28. The fun
eral of R. B. Torrey, Wells Fargo di
vision superintendent of Des Moines,
la., who died Tuesday in a Kansas
City, Mo., hospital, was held here.
Mr. Torrey's parents live here.
Dodge City, Kan., Dec. 28. J. F.
Long, an old resident of Dodge City,
died here, aged 76. He was born No
vember 18. 1S36.
Fort Dodge, Kan.. Dec 28. Job Gar
verson. a resident of the soldiers' home
here, was buried here, following death
Christmas from a paralytic stroke at
the age of 70. He has been ill since
July 6. He served three years in Com
pany I. Third Ohio infantry, and one
year in Company A. One Hundred and
Seventy-fourth Ohio infantry. Mrs.
Sarah Johnson, wife of a veteran
resident at the soldiers' home here, is
dead, aged 66. The body was taken to
Independence, Kan., for burial. Mrs.
Johnson fell a week ago, breaking her
thigh. Her husband and son were
present.
TOOK OFF HER HOSE
Woman Loses Money Follow
ing' Officer's Instructions.
Thief Eemored Stockings as
She Slept in Chair.
Denver, Dec. 28. By following the ad
vice given by Chief of Police O'Neill
to women to prevent their being robbed,
Mrs. Mary Robinson lost $S4 last night
through theft. Chief O'Neill, two days
ago warned women to keep their money
in their stockings. Mrs. Robinson did.
and in her room fl.t 1215 flhamna utrpAt
her stockings were removed while she
slept In her chair and the monev was
stolen
"I meant that stockings should be
used as purses, not safety deposit
vaults," said Chief O'Neill, when th
theft was reported to him.
praisFnewgame
Coach Williams of Minnesota
Likes Present Rules.
Offense and Defense Properly
Balanced in 1912.
New York, Dec 28. Praise for the 1912
football rules, with the statement that
they "made possible the best game of
football ever played by American colleges,"
was expressed by Henry L. Williams,
coach of the University of Minnesota foot
ball team, in his report before the Na
tional Collegiate Athletic association, as
chairman of the rules committee. Tho
association, with delegates rrom nearly
ninety colleges and universities present,
met here for its seventh annual session.
Mr. Williams told of the difficulties that
had to be overcome and of the many
radical changes that were made, all of
which he said proved most fortunate. For
several years back, he said, the proper
adjustment of the balance between offense
and defense, with just the right equili
brium between these forces, nas been a
serious problem. The advantage, he con
tended, had been on the side of the de
fense and it had been well recognized that
as the goal line was approached the de
fense became stronger through the draw
ing in of the backs to support the line,
so that the scoring of toucr.downs by
equally balanced teams was exceedingly
difficult. For these reasons, he said, the
rules were changed to four downs in ten
yards instead of three, a change which
he characterized as the most important
and beneficial introduced since the 10
yard rule was adopted.
The elimination of the outside kick was
another change which he said was most
important foi the best interests of the
same and was made because the commit
tee felt that the advantage of the attack
over the defense mlgnt tie too great; Be
cause of the decided danger of the de
fensive backs, and because of the the de
cided element of the chance and luck in
the play.
MAY BE CONTEST
Friends of Capper Will Likely
Bring One. "
They Feel Sure That He Was
Elected Governor.
Will Chairman J. N. Dolley of the
Republican state central committee
contest on behalf of Arthur Capper
the election of George H. Hodges,
Democrat, as governor of -Kansas?
Following numerous rumors of a con
test, Dolley this afternoon declared
that he had not decided what course
he would pursue.
In an interview printed Friday
afternoon, Dolley made blistering
charges against the Democrats, denied
the legal election of Hodges as gov
ernor and Intimated evidence of ir
regularities and corruption. Then came
rumors that the Hodges election is to
be contested. Dolley admits that
there has been some discussion of the
matter, but that he himself has not
decided to take the initiative. But
to use his own words he "reserves the
right to change hia mind in three
hours."
Dolley Hasn't Decided.
"Is there any truth in the rumor
that the Hodges election is to be con
tested?" Dolley was asKed.
"I've heard such a rumor," replied
Dolley.
"Is it true?"
Well, there hasn't been any action
taken,'
said the Repuolican state
chairman.
"Do you propose to bring the con
test proceedings?" was asked.
"I haven't decided today to bring
any contest."
"Do you expect to bring such pro
ceedings?" "I said I hadn't decided today to
take the initiative," said Dolley, "but
that is a matter on which I reserve
the right to change my mind in three
hours."
Anyone May File Contest.
Some time ago Arthur Capper,
Republican gubernatorial nominee,
made public an announcement in
which he declared that would not
contest the election of Hodges. How
ever, in a recent interview in the ! in
State Journal, Major A. M. Harvey of
Hodges' counsel, urged the Capper
forces to get busy if they really be
lieved that the Topeka publisher had
been honestly elected. He pointed out
that the mere fact that Capper had
personally abandoned the contest, did
not eliminate further proceedings.
Then he pointed to the law which pro
vides that any qualified elector might
bring such an action.
In event a contest is filed, it will
probably be taken before the state
senate. Politically, the senate is of
Democratic complexion. There are 21
Democrats, 18 Republicans of either
Progressive or Regular convictions,
and 1 Socialist. The Socialists' seat is
contested by a Regular Republican,
while Lieutenant Governor Sheffield
Ingalls is a Progressive and the pre
siding officer of the senate.
It is urged by Capper, Dolley and
others that if the votes were recount
ed that this evidence would show a
majority of several thousand for Cap
per. Hodges Welcomes Contest.
Just before leaving on his Texas
hunting trip and in an interview with
& State Journal representative, Gov-
ernor-elect Hodges declared that he
would welcome any contest proceed
ings by Mr. Capper or his friends.
"If I haven't been honestly elected,"
said Hodges, "then I do not want the
office. But I believe I have been hon
estly and fairly elected. This talk cf
a Capper majority is mere guess work,
without the slightest foundation of
facts. But if Mr. Capper thinks he
has won, then he should contest. I
haven't the least objection to a legally
conducted contest. In fact I personal
ly feel that my majority will be In
creased several hundred votes by such
a proceeding."
Three Weeks to Prepare.
Friends of Capper have three weeks
in which to make preparation for a
contest before the state senate. The
general statutes of Kansas provide
that between the sixth and tenth days
of the regular session of the legisla
ture, that the person filing such con-
j test shall file a notice with the clerk
' or tne senate. nis notice snail con
tain all allegations and claims sought
to be established by the evidence. The
senate may then set the case for hear
ing and make its findings from the
law and the facts as presented. There
is no appeal and the decision la final.
On the other hand the Capper forces
might go to the supreme court with
their cases immediately following
Hodges inauguration. There is serious
doubt, though, whether or not the su
preme court would entertain the case
on quo warranto proceedings. If they
denied jurisdiction, the Capper people
could not then return to the senate
for relief.
And with that situation confronting
them the supporters of Arthur Capper
are laying their plans for a contest to
be filed in the next three weeks.
SHE DIES OF COLD
Mother Sends Children on
With Presents.
Tots
Live After Spending
Tight in Snow.
Mount Holly, N. J., Dec. 28. Mrs.
Elizabeth Lowther. with her 14-year-
old daughter Mary, and a young child,
had been in town shopping and it was
late Christmas eve when they left a
returning train at Harris station and,
laden with Christmas gifts, started to
walk four miles through the snow to
their home in the pines.
The mother became very tired be
fore they had gone a mile, and. grop
ing, step by step through the six Inch
depth of snow, she lost her way. As
she sank exhausted she told Mary to
hurry on with the little daughter.
Mary took her sister on her back and
started as fast as she could to find
a house whence she could send aid to
her mother. They reached a wood road
and groped along the fence until Mary's
strength failed.
She lay down in the snow, wrapped
part of her big cloak around her sis
ter and soon lost consciousness.
All night the children lay there. On
Christmas morning a man hauling
shingles out of the wood found them.
He questioned the little one, then
threw off his load of shingles, put the
girls In his wagon and drove back to
where the mother lay.
Mrs. Lowther was dead. The body
was placed beside the children in the
wagon and taken to their home. John
Lowther saw his wife brought home
dead at the hour when they would
have all been, sitting down to the holi
day dinner.
Mary's condition is very serious. Her
hands and feet are frozen and Dr.
Haines, of Medford, is not yet sure
that amputation can be avoided.
WARMEST SINCE'89.
The Thermometer Climbs After the
December Record.
With the mercury hovering near tte
sixty degree mark Topekans are today
enjoying the sunshine. It is bad weather
for the street car company, as the people
prefer to walk. The temperatures are
averaging twenty degrees above normal
for this date.
Another fine Sunday Is promised. The
weather man suggests that Topekai.s
make the most of the day as there is no
telling how many more pleasant Sundays
there will be in the near future perhaps
none.
No warm weather record was broken
today, for on this date in 1S89 the mer
cury embed up to the sixty-six degree
Point. The wind is blowing at the rate
of fifteen miles from the south this after
noon. The weather is the kind one would
expect to experience in the first week u
November.
The hourly readings:
7 o'clock 3S
8 o'clock 38
9 o'clock 42
10 o'clock 46
11 o'clock ..49
12 o'clock 64
1 o'clock 56
2 o'clock.... 57
FEWER CATTLE SOLD.
Receipts at Chicago in 1912 281,298
Less Than Year Before.
CYi in a cm. Dw 2S Poic i I
281.298 have been received at the Chi-:
cago stock yards Uiis year than in :
mil itA-nj.A
A L 1 i-at, inure money
was naid for beef durinir 1912 h. '
1911 by 3.2S2,735. The total paid
out this year was $183,4SS,909.
Three reasons are given for the in
creased price of beef. The western
states did not raise as many . cattle as
usual owing to drouth, many farmers I
fields and the aemand for beef has increased.-
It was explained that the
population in the United States has in
creased in the last 20 years twenty per
cent while the increase In cattle pro
duction has been only eight per cent.
Beef exports fell off this year owing
to the big home demand.
SAYS MERKLE HIT HIM
Bartender Wants $5,000 of Player's
Money.
Toledo, Dec. 28. Fred C. Merkle. firt
baseman for the New York Giants, was
sued today in Lucas county eommrn
pleas court for J5.000 damae by Peter t.
Garrett, a bartender. Garrett alleges thac
In a saloon row Merkle knocked out
several of his teeth and pummeled him
severely
THE INAUGURAL
Program for January 13 Been
Arranged.
"ew State Officers Sworn In at
Noon That Day.
EXPECT SOME 5,000 VISITORS
Democrats Plan Parade and
Big- Ceremonies .
When Got. Hodges Takes Seat
In State Hesse.
Planning to entertain 5,000 to 6.000
out of town Democrats In Topeka,
Monday, January 13, the executive
committee in charge of the Inaugural
ceremonies propose to make the In
auguration of Governor-elect George
H. Hodges the biggest event of the
kind in Kansas in 15 years. Most of
the details for the inaugural cere
monies were announced today by L.
M. Penwell, chairman of the execu
tive committee. Prominent among
the features are the parade Imme
diately preceding the noon day In
auguration and the public reception in
the state house that night.
Both Democrats, Republicans and
Progressives will ride in the inaugural
parade. Governor Stubba and his suc
cessor will ride side by side in tha
Parade as will also J. N. Dolley, chair
man of the Republican state central
committee, and Henderson S. Martin,
chairman of the Democratic commit
tee. One of the big features of tha
parade will be the military display ar
ranged and provided by Adjutant
General Charles L Martin. There will
be military bands, companies of infan
try and cavalry and officers of tha
national guard. General Martin and
his staff and the governor's personal
staff. Carriages will be provided for
officers of the various state depart
ments, for the national committeemen
and leaders of both the Republican
and Democratic parties In
No Open Carriages.
Missing in the inaugural parade will
be the open carriage. Of the two
score conveyances arranged for the of
ficers and invited guests, only closed
hacks will be used. And so the men
both big and small In Kansas political
affairs must ride in closed carriages
or walk.
All participants In the Inaugural
parade will meet at the Throop hotel
Democratic headquarters at 10:80
the morning of Monday, January 13.
At 11 o'clock the parade will start
south on Kansas avenue to Tenth
avenue, then west to Van Buren
street. It is planned to have the pa
rade arrive at the state house grounds
in ample time for the Inaugural cere
monies at prompt noon.
The Parade.
This will be the formation of the
parade as arranged. Some 30 or 40
hacks will be used, but the position of
each has not been decided. This, how
ever, is the formation in tho more
prominent details:
Second Regimental Band, Kansaa
National Guards.
Four companies Infantry
Battery A., artillery.
Officers National Guard..
First Regimental band.
First carriage Governor Stubbs, Governor-elect
Hodges.
Second Carriage J. N. Dolley, chair
man Republican state committee:
Henderson S. Martin, chairman Demo
cratic state committee. .
Three carriages conveying military of-
fleers. In these conveyances Till ride
Adjutant General Martin, Major A. M.
Fuller, CoL W. E. Ayer. Col. Huffman,
Col. Wooiard, Col. Morgan, Col. Rafter,
Col. Springstead. Col. Pierce, CoL Wat
son, Col. Silverthorne.
Carriages Six and Seven Justice
Kansas supreme court and Judge Will- .
lam H. Thompson, United States senator-elect.
Eighth Carriage Lieutenant Governor-elect
Sheffield Ingalls, Secretary of
State Charles Sessions. Attorney Gen
eral John S. Dawson, State Treasurer
elect Earl Akers.
Ninth Carriage State Auditor W. H.
Davis, Superintendent of Insurance Ike
S. Lewis. State Superintendent W. D.
Ross, State Printer, W. C. Austin.
Tenth Carriage Grand Commander
C. J. Harrison. Frank Strong, chancellor
Kansas University; President waters,
Kansas State Agricultural college;
President Hill. State Normal, Emporia.
Eleventh carriage Owen Doyle, la
bor commissioner; F. D. Coburn: sec
retary agriculture: D.. S. J. Crumbine,
secretary board of health. ,
Twelfth carriage Colonel William
P. Sapp, Democratic national com
mitteeman; Fred Ei. Stanley, nepuDu-
can national committeeman; ueona
A. Clark, secretary Republican league;
W. H. L. Pepperill, secretary demo
cratic state committee.
Thirteenth carnage us via v. mui-
vane, rormer iv(iuuuutui uiuu.i
committeeman; J. S. Dean, president
Rr.iillcan league: Arthur Capper,
publisher Topeka Capital:
MacLennan, publisher Topeka State
Journal.
- " - . .,r.. nfn1rnr
Fourteenth carriar Myor
3. B.
Billard. Colonel A. W. Smith, former
pension agent; jonn a. martin, ror
mer United States senator from Kan
sas. Inauguration at soon.
The inauguration ceremonies will
v.ij . n.nrsentative hall Dromot-
lv at noon. Governor-elect teorge ti.
Hodges is the only Democrat to take
the oath of office, but it is to rejoice
over the election of a Democratic
executive after waiting 15 years, that
hundreds of Kansas Democrats are
coming to Topeka to attend the fes
tivities. Chief Justice William A. Johnston
will administer the oath of office to
the new governor and state officials.
These ceremonies will be open to the
public. Seats have been reserved for
the immediate families of the state
administration and visitors will find
refuge in the galleries. . A short pub
lic reception will be held Immediately
following the inauguration.
The Evening Program.
In the evening a public reception will
be held In the state house. At the
personal request of Governor-elect
Hodges the proposed Inaugural ball
was abandoned. But at the evening
(Continued on Page Two.)

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