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EVERYBODY 20 PAGES EVERYBODY 20 PAGES NEEDS IT. READ IT. LAST EDITION. SATURDAY EVENING. TOPEKA. KANSAS. MARCH 8, 193 3- SATURDAY EVENING- FIVE CEKTS DR. HARDING WINS. Supreme Court Against Sup plemental Books. Use of Them Illegal in Her Lawrence Case. THE INJUNCTION GRANTED. Only Text Book Commission Books Be Used. Man Who Disappears 7 Years Is Dead. Use of supplemental school books in Kansas is illegal under a decision of the supreme court today In the suit brought by Attorney General John S. Dawson against the board of education Of the city of Lawrence. Only such books as are actually prescribed by the school text book commission can be used in the school rooms under the ruling of the court. The decision of the court today de termines nnally the controversy over the use of supplemental books and subjects school boards, of Kansas to prosecution under the criminal law where violations of the school text book law occur. An injunction was sought against the Lawrence board and the supreme court held that the petitioners were entitled to this writ. Dr. Eva Harding of Topeka strrted the fieht on the supplemental books. After a lengthy row with the Topeka board of education, she laid her trou bles before Attorney General Dawson and he brought the suit in Lawrence which today puts the use of all sup plemental books out of business. The first case tried under the text book law was brought in Topeka, when Dr. Harding enjoined the board of educa tion from purchasing supplemental books and permitting their use in the school rooms without the vote of the taxpayers. An injunction was granted in this case and the use of books not prescribed in the regular course of study as outlined by the text book commission, was ended. But the situation in other towns was different. In Lawrence, the supple mental books were ordered and the students were compelled to buy them. It was claimed by the instructors in the school rooms that these books v.ere necessary for the reason that the regular texts " did not furnish suffi cient work for the term. Evidence was then offered which showed that in certain instances the supplemental books had been given the preference and being used before the regular and prescribed texts were taken up. After hearing the evidence, how ever, the Douglas county district court held that the Lawrence board was act ing fully within their legal rights and refused to restrain the use of the books. The case was then appealed to the supreme court, which today held that the state was entitled to an injunction and that there is no legal provision for the use of supplemen tary texts. jubilant over winning the case. Hugh T. Fisher, who acted as special attorney for Dr. Harding, declared to day that the decision of the supreme court meant a complete check against the use of supplementary text books In Kansas school rooms. He stated that information of future violations of the law would be carefully investi gated and that in all cases where school boards persist in using these books, that criminal prosecutions will lie filed. The law makes the use of these books a misdemeanor. The supreme court held today that a shipper who recovered damages was entitled an attorney's fee from the railroad company and that the rail road company was not entitled to the same fee if it hiid won a similar case. J. B. Vosburg. of Edwards county, brought a suit against the Atchison. Topeka & Santa Fe Railway company for damages because the company fail ed to furnish him cars for the ship ment of wheat. He was awarded a verdict and a fee for his attorney. The railroad company appealed the case on the ground that if it had won, there was no provision in the law which would entitle the railroad to collect a fee and hence denied the rail road the equal protection of the law. The supreme court held that this pro vision of the law did not deny the rail roads equal protection with every citi zen of the state. The supreme court has held valid the polltax law enacted by the legislature of 1911. The suit was brought by the city of Winfield against Roscoe Bell in which " city had Bell arrested on a misdemeanor charge for failure to pay the annual polltax. Bell resisted the payment of the tax on the ground of a defect in the legislative enact ment, but the supreme court held that the law was good and that the tax must be said. A man who has disappeared for a period of seven years is considered dead under the Kansas law and the su preme court today ordered the Modern Woodmen of America to pay to Jane Caldwell, of Wichita, the value of an insurance policy she held on the life of her husband, W. H. Caldwell. Cald well took out Insurance in the order In 1S90 and paid up all of his assess ments and dues until 1902, when he dis appeared. The last heard of him. he was was sick v.ith smallpox in Cali fornia. His wife continued to pay his premiums until 1910, when seven years having elapsed since her husband had been heard from, she quit paying the dues and asked that the insurance policy be paid. The insurance company fought the payment of the policy on the ground that before it could be collected the full term of the expectation of life of the policy holder must have expired instead of the usual provision that a disappearance for seven years consid ered a person legally dead. Mrs. Cald well would have had to wait about 20 years before she could have col lected the insurance policy under the claim of the company, but the supreme court held that the seven years disappearance constituted a legal death and that the insurance mut be paid. - Two Shawnee county cases were in j the bunch of decisions given today by action the lower court was affirmed, while in the second suit there was a reversal. The supreme court decided against the Shawnee county district court in an action for personal damages brought by W. F. Willis against the Merchants Transfer and Storage com pany. Willis was injured while as sisting in the unloading of marble slabs for the New England building two vears ago. He sued for 110,000 and the jury gave him judgment for $1,500. In answering special ques tions, the supreme court found that there were several inconsistencies. Be cause of this fact, the supreme court sets Willis" judgment aside and re- (Continued on Page Two.) COULD NOT AGREE. Darrow Jury Unable to Render Verdict. Were in Deliberation More Than Twenty-Seven Hours. Los Angeles, March 8. The jury trying Clarence S. Darrow on a charge of jury bribery reported at 11:35 a. m., that they were unable to agree and Judge Conley discharged them. Clarence Darrow. The last ballot stood 8 to 4 but whether for acquittal or conviction was not stated. Mr. Darrow asked that the time for setting a new trial be fixed a week from next Monday. Deputy District Attorney Ford was reminded by the court that he had said during his closing argument that he would not try the case again and was asked did this mean that the indictment against Darrow would be dismissed? Ford replied that he referred only to his own personal attitude and had no authority to speak for District Attor ney Fredericks. Judge Conley then announced that if the prosecution de cided to dismiss the indictment it could do so between now and the next time of the calling of the case, March 24 th. After further parley ' Judge Conley on his own motion fixed March 31 as the date for a new trial, which will be the third on charges almost iden tical. Darrow thanked the court and said: "I will fight it out; I should have been acquitted on the evidence and 1 shall surely fare better next time." The jury, it was stated, stood eight for conviction and four for acquittal. WARRANT ISSUED. Samuel Brown Charged With Attempt to Bribe. Was Juror in Second Trial of Dr. Hyde. Kansas City, Mo., MarcJ? 8. A capias charging Samuel Brown, a juror in the second trial of Dr. B. Clarke Hyde, for the murder of Col. Thomas H. Swope, with attempting to bribe a county of ficer was issued by the criminal court today upon complaint of James L. Kil roy, an assistant prosecutor. Kilroy's complaint was based upon a statement by Thomas Holloway, deputy marshal in charge of the jury In the present Hyde trial, that Brown had told him "there was $1,0(50 in it" to bring about a hung jury in the Hyde case and $1,500 for an acquittal. A deputy was charged with serving the warrant immediately. Holloway's statement to Judge Porterfield led to the issuance of a John Doe warrant in the case yesterday, but no attempt was made to serve it. Prosecutor Jacobs made two unsuccessful attempts to trap Brown. On one occasion with a stenographer, he concealed himself in Holloway's house after Holloway had made an' appointment for Brown to come there. Furnace pipes had been re moved so that conversation that ensued might be heard, but the prosecutor and witness lay for hours concealed and Brown failed to come. Attorneys for the defense say they place no credence in any story of an attempt to bribe. Disastrous Fire in Waco. Waco. Texas, March 8. Flames weakened the three-story Horn build fcig here today until its walls crashed down on two ' smaller structures, causing a loss of $200,000. ' V ' , - Veil v1"5 V- r -V1 ORDEREDJO FIRE Alleged Madero Charged Fed erals to Shoot Americans. Correspondence Late Adminis tration May Be Made Public. RAILROAD ANNULS SERYIGE Southern Pacific Transfers So nora Rolling Stock. Decisive Battle Anticipated To morrow With Carransea. Mexico City," March 8. It was an nounced today that Provisional Gover nor Huerta is considering the advisa bility of making public the official cor respondence of the closing days "of the Madero administration with the object of showing the late President Madero's alleged efforts to incite anti-American sentiment throughout the republic. Among the alleged orders given by Madero during the ' last week of his rule is one which direc's the officers of the Mexican gunboats lying In the port of Vera Cruz "to fire immediate ly upon the American marines if an attempt is made to land forces" from the United States war vessels, "pay ing no regard to the expressed purpose of the American naval commanders merely to protect foreigners. The execution of such order would have meant the suicide of the Mexican na val forces, as a single shell from the battleship Georgia, then lying only 300 yards distant, would have been sufficient to destroy the Mexican gun boat. It is also asserted that official files show a few days before his capture Francisco Madero, in desperation, tele graphed to the state governors and jefes politico throughout the republic stating that American marines had landed at Vera Cruz and that this foreign invasion demanded the loyalty of all Mexican citizens. The govern ment may also publish the orders given by Francisco Madero to General Huerta, then commander of the fed eral forces. These orders are said to include in structions to dynamite all the public and private buildings between the na tional palace and the arsenal. Madero in Washington. The reported arrival of Alfonso Ma dero at Washington, where it is said the details of the former Madero con spiracy were developed, has been call ed to the attention of the Mexican cabinet. It is said that the Washing ton government will be asked to ex ercise extraordinary precautions in or der to prevent professional revolution makers in the United States from par ticipating in the plans of the fugitives, who are declared to be anxious for re venge. - It was reported today that the South ern Pacific has transferred all its roli- ng stock from Sonora to Nogales and lias annulled the train service. Three columns of the army and 2,000 adher ents of Pascula Orozco are closing in on Carransea, the rebel governor of Coahuila, according ti official dispatch es today. A decisive battle is exipected on Sun day near Monclova unless Carransea manages to escape over the border. Insurance Money Ready. The money to redeem the life insur ance policies carried by ex-President Madero and ex-Vice President Suarez is ready to be paid over to the benefi ciaries as soon as proof of their death is established. In each case the widow is the sole beneficiary. President Madero carried $62,000 gold insurance and Senor Suarez $10,000 gold. (cfTC-R-r ft y President Wilson proposes that Vice President Marshall attend cabinet generally in the government than bus any of bis predecessors. Policies to the value of $37,000 on Ma dero's life are carried in two New York companies and. $25,000 in a Mexican company. One-half of the total of Suarez's policies -was "written in New York and the other half in this country. Charges-Against Cepeda. " Dr. " Rafael Cepeda, - ex-governor of the state of San Luis Potosi, was today officially accused by the government of looting the bank of the city of San Luis Potosi ' of 10,000 pesos and of dis posing of government property to raise funds for the revolution. The admin istration declares that Cepeda is acting with the connivance of Carransea. (Continued on Page Two.) TO ISSUE PROTEST Employees of Stock Exchange Are Excited. Fear Injury Because of Got. Sulzer's Bills. New York. March 8. Waiters, ele vator men, telephone operators, bank messengers, telegraphers and clerks in the financial district are engaged in a crusade the like of which never has been seen. It is directed against Governor Sulzer's bills affecting the stock exchange, and in particular the bill to raise from $2 to $4 the state tax on the transfer of ownership of each 100 shares of stock. Members of the stock exchange say such a meas ure would seriously reduce the amount of trading on the exchange, which al ready is at a low point, and among the 20,000 wage earners there is genuine alarm lest many of them be thrown out of work. After the stock exchange members had done what they could in the way of protest to Governor Sulzer and the legislature, their employees took up the - fight, and are buttonholing politicians and members of the house, writing letters and circulating peti tions which are to be sent to Albany. A telephone operator on the floor of the stock exchange, who is one of the captains of the new army of Wall street wage earners, said today that at least 20,000 signatures to one of the petitions would be obtained. FOR AMENDMENT. Direct Election of Senators Ratified by 18 States. Formal Notices Have Been Re ceived at State Department. Washington, March 8. The secretary of "state has received notice of the ac tion of the legislatures of eighteen states upon the proposed constitutional amendment providing for the direct election of senators by the people. So far not a single state has acted ad versely. The amendment has been ap proved by Massachusetts, Minnesota, New York, Arizona, North Carolina, Oregon, Mississippi, Colorado, Wyom ing; , Idaho, Texas, Montana. Illinois, Maine, Nevada. New Hampshire, Wis consin and Vermont. The last named state approved the senatorial amendment and the income tax amendment February 19. but the neglect of the - state authorities to re turn the fact, to the state department promptly, acted to prevent the appear ance of .Vermont as one of the ratifying states named in the formal notice is sued by the secretary of state of the full ratification of the sixteenth amend ment. Because of the large number of state legislatures that meet only bi-annually. it will be impossible to get the approval of the senatorial amendment by the requisite three-fourths vote during the present calendar year. HELPING FATHER. rf5: OLNEYTO ENGLAND President Offers Ambassador ship to Boston-Man. Was Secretary of State Under Cleveland Administration. HAS NOT ACCEPTED AS YET Philippine People Send Con gratulations to Executive. Hope for Independence Ex pressed in Cablegram. Washington, March 8. President Wilson has offered to Richard Olney, of Boston, secretary of state In Cleve land's cabinet, the post of ambassador to Great Britain. It is not known whether Mr. Olney will accept, and it was said today that the matter had not gone so far as the sounding of the court of St. James as to Mr. Ol ney's acceptability. No appointments to the other im portant diplomatic posts had been finally decided upon today. Congratulations of the Philippine people to President Wilson were pre sented today by Manuel Quezon, resi dent commissioner. Mr. Quezon left with the president a cablegram from Speaker Sergio Osmena of the Philip pine assembly, expressing hope that the new administration would further the move for Philippine independence and saying: "To us, your oath of office means the forthcoming fulfillment of the pledges of the Democratic party, re iterated in four successive platforms and sanctioned by the people of the United States in your election. The Filipinos confidently expect- that during your administration a decisive step will be tatven toward their free dom and independence. Colonel E. M. House, of Texas, inti mate friend of President Wilson, led the list of callers at the White House today. National Committeeman Ed ward Golfltra. of Aissouri, former Representative Pujo, who presided over the house money trust commit tee, Representative Sherley of Ken tucky, Mood of Tennessee, Pomerene of Ohio and Governor Odel of Alabama, all had engagements with the president during the forenoon. The president also received the su preme court in the Blue room of the White House during the morning. President Wilson will begin prepa ration of his first message to-congress next week. It probably will deal with only two subjects, the tariff at some length and currency reform briefly. During the special session, other messages may be sent to congress, especially one on the need for cur rency legislation after the house has disposed of most of the tariff sched ules. Predictions today were that the president in dealing wit hthe present tariff will confine himself largely to an exposition of general policy and point out schedules which he believes are in particular need or reform. No intimation as to what is to be the new administration's policy rela tive to the Mexican situation was forthcoming from Secretary of State Bryan today. Assistant Secretary of State Huntington Wilson today gave out the following: "The secretary of state has not had time to make any thorough investiga tion of Mexican affairs, and the de partment has consequently absolutely no comment to make on any phase of that situation." Secretary Bryan devoted the greater part of the day to the reception of visitors, many or tnem old rrienas ana acquaintances, who called to pay their meetings and play larger part respects. Among them, however, was a large number of officeseekers. Some Massachusetts Democrats have felt that their state was slighted in the makeup of President Wilson's cabinet, and it Is believed that this fact had some weight In bringing Mr. Olney's name to the front.- Some doubt was expressed today whether Mr. Olney would accept the post, because be is 78 years old and has had an excep tionally active life. In official circles, it was " thought Great Britain would not be likely to object to this appointment,- since he held two cabinet posi tions .under Grover Cleveland. Mr. Olney's legal ability, administration (Continued on Page Two.) PLAN NEW PLACES Republicans Busy With Their Organization Work. Several Important Jobs Are to Be Allotted. Washington, March 8. The work of planning the Republican assignments to the house committees has begun. The immense increase in the Demo cratic majority in the new congress will necessitate a general shifting. The grand prizes are the five minority va cancies on the ways and means com mittee, the tariff making body of the house. Then come appropriations, Ju diciary and other important commit tees. In the minority room at the capitol big alphabetically arranged file books are kept, indicating the congressional service of the old representatives in the new house, their former committee preferences and assignments, and the preferences of the new members and a host of other details which will go into a systematic tabulated record to form the basis of the recommendations which Republican Leader Mann will make to the ways and means commit tee the committee on committees for minority places. While Mr. Mann probably has the ways and means members tentatively slated, there will be no decision on the committee distribution of the Repub licans until just before the extra ses sion or congress convenes. Time hon ored custom calls for acceptance by the committee majority of the minor ity leader's recommendations as to the topuDiicans on committees. HODGES APPOINTMENTS He Names Tax Commissioner and State Normal Regents. Aiemoer lax commission J. II. TTn- tetier, tseiieviiie. Regents State Normal Emerson tjarey, Mutcninson; Laura M. French t;mporla; J. N. Herr, Kiowa. In appointments announced this af- ternoon. Governor Hodges named a rel- ative of the Stubbs family and the city editor of William Allen White's Jmporia Gazette, as part of the offi ciai family under the Democratic ad ministration. Possibly before night ana not later man Monday, it is ex pected that Governor Hodges will an point White's newspaper competitor to anotner loo. une Hodges appointments, which were sent to the senate for confirma tion this afternoon, complete the list of members of the board of regents of the Emporia state normal and the ap pointment to one place on the state tax commission. J. H. Hostetler, who lands on trie tax commission, is a veteran Re public county Democrat. To use his own language, he "was a Democrat when they hunted 'em with dogs." But that Isn t Hostetler s only distinction. He is a power in the Fifth district, is a cousin of Mrs. Walter Roscoe Stubbs and in the last campaign was one of the most lively opponents that Stubbs had in the state. Recently Hostetler declared himself a candidate for United States marshal to succeed X. H. Harri son, but it Is now probable that he will content himself with a place on the tax commission. Among the three normal regents named today is Senator Emerson Carey of Hutchinson, who is the first Re publican state senator to receive rec ognition at the . hands of the governor in his list of appointees. Another niche will be filled by J. N. Herr. Democratic member of the house from Barber county. Herr is chairman of the house ways and means commit tee and one f the most loyal adminis tration supporters in the house. One woman was appointed on the board of regents. She is Miss Laura M. French, city editor of William Allen White's Emporia Gazette. But Miss French is in no sense of the word a follower of the White brand of politics. She Is a most loyal Democrat and is re garded as one of the cleverest and most resourceful young women in Kan sas. Appointments to places on the nor mal board of regents are until July 1, this year. At that time the new edu cational ' administration board will take supervision of all state educa tional institutions. One of the appointments to be an nounced soon by Governor Hodges, it Is claimed, is the naming of Harrison Parkman as state fire marshal. Park man is the possessor of the most im pressive beard in Kansas and in the last campaign was largely responsible for delivering Lyon county and the Fourth district to the Democrats. In Emporia Parkman edits a Democratic newspaper and la William , Alien White's only competition in the news paper game in that town. Fair Weather Over Sunday. The weather today would be delight ful were It not for a stiff twenty mile breeze blowing from the southwest. The temperatures are averaging 18 degrees above' normal for this date. The river has risen nearly two feet in two days, the stage being 7.4 feet The forecast is for generally fair weather tonight and Sunday. The hourly readings: , 7 o'clock 44 I 11 o'clock 62 8 o'clock 44 j 12 o'clock 64 9 o'clock... 51 I 1 o'clock 66 10 o'clock 58 j 2 o'clock. ... y67 Weather Forecast for Kansas.' Fair tonight and Sunday. j WORK OFJENATE Session of 1913 One of Most Successful In History. Only One-Fourth of Bills Intro duced Are Passed. TO PRODUCE A REVENUE Original Measures Would Jfet $1,325,000 Yearly. General Kevlew of Actions of ' Upper House. Bills introduced am: Bills passed.... 5 Bills killed " fjj Bills killed by committees ."".".".'.'."".a3 Bills remaining on calendar and dying. .146 Bills signed by governor 66 This is the mathematical result or the work of the Kansas senate in the 1913 session. There are several bills still in the mill that will go to the governor for his signature before the legislature adjourns. Otherwise the above list is correct in every detail and is the story that the docket will tell when it is corrected and- complied next week. It will be seen by the table that the senate has passed only one-fourth of the measures introduced, that only one half of the number of bills passed were killed on the floor, that the commit tees smothered nearly three times as many bills as the members killed on the floor, and that more proposed laws died on the calendar than the senate as a whole was able to annihilate. The members of the senate are well pleased with the accomplishments of the last 55 days. They have been con servative and deliberative in their con siderations and when the time for the cessation of original bills appeared with 146 measures of local and state wide importance, they allowed the lieu tenant governor's gavel to fall nearly 150 bills falling into the waste basket for want of attention and time. The motto of a majority of the sen ate members "cut down the statute books" was carried out. Senators with pet measures lost on the calen dar did not regret the fall of the ax. The senate this session has reversed the usual legislative conditions. Un der ordinary circumstances the senate with only forty members rushes through a multitude of measures in much quicker order and with less ora torical trimmings than the house with its 125 representatives. This year, how ever, the senate has taken the oratori cal honors into camp and has allowed the house to run away with both num bers and considerations of bills. Party lines have not been drawn too tightly for respective measures in the senate. No combination or inside organization has blocked legislation. The Democrats, in the majority, have held together only in constitutional amendments affecting platform prom ises. The Republicans, mixed here and there with Bull M onsets. have flocked to the side of the majority in the passage of Progressive orin- ciples. The members of the senate are proud of one course of action taken the introduction of measures that will result in the production of revenue to the state. If all the bills and a con stitutional amendment are favored by the house and enacted into law, Kan sas as a state will realize more than $1,325,000 annually in revenues. Prob ably no other legislature In the his tory of the state will have exceeded this revenue production. The more important revenue bills ft re: Mortgage registration f 350.000 Automobile license 3.SO.0OO Moving picture censorship fees 12o.4iO Corporation tax 200.0011 Royalty in sand from rivers....... K).0 Income constitutional amendment. 300,000 Total Sl,325.0no These are conservative estimates. Many senators insist that the moving picture, income tax and sand royal ties will bring in more than the stated amount. The measures of most state wide In terest to be enacted Into law after in troduction In the senate follow: State tire marshal. Prohibiting sale of shoes made of Imitation leather. Night schools in cities. Board of corrections for penal Insti tutions. Abolishing county assessor. State publication of school text books. Tax on motor cars. Nomination of United States senator by popular vote. Exempting women from Jury ser vice. Abolishing Jobs of 125 oil inspectors. Repeal inheritance tax law. Board of examination for trained nurses. Corporation franchise tax Recall of public officials. Massachusetts ballot. Provident loan associations. Board of administration for edu- cational institutions. Consolidation of labor, mine and free employment bureaus. Enabling counties to buy machin ery for well digging and irrigation. Amendments to city commission laws. Workman's compensation law. Ratification of amendments to elect United States senator by direct vote. Board Appointed. Washington, . March 8. Surgeon General Blue, of the public health ser vice, today designated Director John F. Anderson, of the hygienic labora tory, and Surgeon Arthur M. Stimson. a board to conduct an investigation of Dr.. Frledmann's tuberculosis vaccine. The two public health officers leave for New York tonight to meet the German physician tomorrow. They will work with him and bring cultures to the hygienic laboratory for testa and use upon monkeys. I-ong Saddle Trip. Macon. Mo., March 8. Harry M. Rubey. president of the Rubey Trust company, Tjf Macon, and E. E. Wilson, manager of the Jefferson hotel here, will leave today on a horseback trip to Hot Springs, an estimated distance of 700 milts.