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The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, March 08, 1913, LAST EDITION, Image 1

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn82016014/1913-03-08/ed-1/seq-1/

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Supreme Court Against Sup
plemental Books.
of Them Illegal in Her
Lawrence Case.
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
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.)
Darrow Jury Unable to Render
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
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.
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
Alleged Madero Charged Fed
erals to Shoot Americans.
Correspondence Late Adminis
tration May Be Made Public.
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.)
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.
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.
President Offers Ambassador
ship to Boston-Man.
Was Secretary of State Under
Cleveland Administration.
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.)
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.
He Names Tax Commissioner
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
Session of 1913 One of Most
Successful In History.
Only One-Fourth of Bills Intro
duced Are Passed.
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-
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
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
Abolishing county assessor.
State publication of school text
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
Corporation franchise tax
Recall of public officials.
Massachusetts ballot.
Provident loan associations.
Board of administration for
cational institutions.
Consolidation of labor, mine
free employment bureaus.
Enabling counties to buy machin
ery for well digging and irrigation.
Amendments to city commission
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.

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