Newspaper Page Text
TTEHB ST. EOTTIS REPUBLIC: 'iWEDNESDrr, DECEMBER 28, 1904.
OF TO PEMISCOT LAKE LEGALLY DRIED PAPER MAKERS IN THE LEAD BELT IN POLICE COURT 'Attorney Cenoial of UniUd States Causes Suit in Federal Court at St. Paul. Many Ilnrgliirics, HoId-Ups and Shoot inrs in Joplin, Webb Citr and Suburbs. Xo Doctor Called for Hours After Ayui's Garrison Swallows Poison. Manager of Mysterious Asia Churged With Improperly Sheltering Wild Animals. St. Louis Court of Appeals Orders Xew Trial in Damage auit. A v- !! l V ! m- r-rn .- I! 1 1 ; ' f?" ii. ' i POLICE HOLDING FIANCE. ARRESTED AT WORLD'S FAIR. FACTORIES IN NORTHWEST. REPORTED GIRLS GO ARMED. OWNER MAY RECLAIM LAND. ! Woman's ITnmane Society Al leges That Klephants, Cameif, Water IJuffalo, Llamas and Zebra Were Mistreated. Knjoinder A Meed on fi round of Violation of l.tnv Prohibiting Combinations in rnlawful Kostraint of Trade. Fifty-Five Offenders Appear in Joplin Police Court in One Morning Three Recent Murder Cases Pending. Detroit Ciil Dies at the City Hos pital of Morphine Taken After Cioin to Theater With Man She Was to Marrv. Medi.-il College Faculty L Up held in lii-fii'-iiig a Diploma to Student Oi her Decisions. GOVERNMENT SUES WEDDING i it n iiijnitj r a it x vm-I- C I M5v !L ' li. .. !-j -i rr ti V t i ' ' i :,fi -twT.- r. fii. ' I ' !V -. ' IJLAISHJ , 4r7iga St. Paul. Mini.. Dee. r-Atiurrey Gcn-".-1 bloody, for the L'nltrd State, through Plstrlct Attorney Haupt mid l'rank II. Kellogg and .Times M Reek. Special As-i-l-tant Attonif) eJcii'r.-I of the Fnlle-d State-, late tin, altdamni filesi a petition In th- Unit d States District Court In which lie makes the (Jem ral Paper Com lanj as principal defendant and lh Itar ca Paper company of Grand Rapids. Minn. Hennepin Pnrcr Cointiany of l.lttle Falls. Minn : Wolf River J'npr and III- r Company of Jv' w Rli hmond. is Atlas Papr Company of Airleton. i . Kim lwrlv & Clark Companv of 2Ccn.ui. Wis . Riverside Fiber ami raiT Companv of Appleton. VI ; Wausau Paii Mills Com pany of Hrokaw. V is . Ccntrallu I'ulp and Water Power Company of Central!.-!. Wis.; Combined Thicks Paier Company of Com bined Locks, Wis ; D.1U3 ami I'ulp Com pany ot Lau Ciaire. Wis. Uranl lipids Paper and l'ulp Companv of Ci.uid Rap Ids, Wis., ilerasha P.ip-r e'ompai v of Munaslia, Wis , Neknoa i'.ifi ompany of Nekoosa. Wis . tf Fails Manufactur ing Company of Oconto 1'nli- it . Flam beau Paper Companv of paik Falls. VI : John lalwanW Manufacturing Companv of Part Edwards. V.N . ' W. Howard Com pany of M-mM..i. Wit ; Wolf River Pa per and Fiber Company of Now Rich mond. Wis; Wiscenln River Pulp and Paper Company of Plover. Wis . Toma hawk Pulp and Paper Cemipanv or Park Falls. Wis.; Ncrthwn Paper Companv of Cdoquct, ?. 11111 ; Consolidated Water Power and P.ir Corapinv of Grand Ran ld. Wis . Manufaetuiers' Paper Cumpany. the Petoskey Fiber and Paper Companv of Ptokey. Mich . and the Rhir.elander Paper Corap mv of Rhine inder. Wis . par ty defendants ir a. suit t.i enjoin them and retrain iheni fi-cm doing bl-s through the General Piper Company a1? the rales agent In -violation of the protisdons of sec tions 1 and Z of the act of Cnna-ross ap proved July 2. entitled "An act to protect trade and commerce against unlawful rc- traintit and trrropohes " THE AGREEMENT. Tho petition alleges that the defendants entered lc;o an asrcenvnt to combine and eontml the safe or tho product of the dif ferent companies through the General Pa per Compan- In that the General Pajer Company reflated prices sale anJ ship ment ami t-rritory fo- t! sale of the same, and after deduct iik opratIiiir ex pensea of the General Pai-r Company di ilded the Mirplu3 amims iho inmbera of toe corporation. The petition recltM that the General Pi per Company was orgranlzed undr the 1-iws of WIscnnEin. Mnv ST ni vdth a capital stock of noia." dn-idcd Into ll Khartfl. which were distributee amons ancl rje now lld by certain of the defendants named, and that later the othfrs were taken into the, combine, ridm'r.r them In tho order In which they enierp,i tj. imt. and eocs on to stat that the General Pa per Companv beenmc the rxcuir el!p(. ncont for the defendants with abso'uUi '"i0 "'"' the output of the various rallla fix tha prices of all pap-r solo and to whom and upon wi'-it terms, ind comli tlons tho paper should lie old: and into what States and pic'- it h ill be shipped and what pub'tehcrs and otaer cUHtomers each mill shall supply. The peItition'.allcBra tfct in conseqaen' of tho combination all oomptlt'on in the manufacture, alc and distribution of pi-I-cr ha been restricted, and the price of e.U paper products jrreatly incre-ued. p-ir-tlcularly tint of newsprint piper, which tins been ineraared about f) per c-nt. It further rtates th it no dealr.s 01 rews lapers or other consumers In the territory west of tho Mississippi, with th excep tion of certain newspaper pablM.cra in St. Louis and Chicago can purch-ii any ?aper except directly through the General aper Company, and then enly upon terms dictated by th" latter. Tim court is asked to declnrc the nllcped combination unlawful, nr I that the de fendants bi peTlunlly enioined from do ini? nny net In pursuance of the same: thit the General Paper Company be enjo'ned from acting as silcs aent fo the other defendants, and that the latter be enjoined from continuing their arrangement with the General Tipr (Tompany. The court Is alro asked to direct tho defendants to come into court, and answer nil nucstion-s 1 elating to allecntlons of the petition as may bo nccessarj. ATTORNEY GENERAL MOODY MAKES STATEMENT ON CASE Washington. Dec, 27. Attorney General lloody to-nlcht ci-ve out th following ofDcIaJ statement repardlnc; the M:it in tlluted at SL Paul to-day by tho Fed eral Government against the paper manu facturlns companies: "On tha complaint of many newspaper publishers lat sjirln tlsat a combination In restraint of commerce exlhfd among manufactuierp of paper to control the dis tribution and sale of their products amon the States of ths 1'r.lon the Hepartment of Justice bejran an Investlcatlon of that subject, and to further aid tk ilepartment In that respect the Attorney General ap pointed Fract P.. KellogK of the St. Paul. nnn-. bar and Jarsc: II Heck of tho 15 CENTS EACHJ 2 FOR 25 CCMT8 CbUtl 1 f rtAbuui w fc-L. Hftlltt O CX CQMFOnTASLE Flats and louses Ot ADVERTISED FOR RENT At Reasonable Hsntals In Every Issue tf THE BEFOBLBG. READ THE "WANT" ADS BBgEa CsasCA aifiMH I nnrTBMc siTiciw Sprimrneld. Mo.. Dec. T,. Joplin. Webb City. Crterille and Galena, towns of the lead and zinc district, appear to l at the mie of an orsunlred Kar.ir of footpads, pickpockets and burplar-. whote depreda-ton-i have been of a niKhtb o-xurrence ilnce arl in tre autumn. fc' iturday nisht n woman from the Tm'ar. Tirritnry wap rnl)td of her money s-nd tniiisp nation in Jojlin I. S Sxeellands -ion- war ent.rtd and tho "afe biown op"M but nothing of a!ue was found. Sur.da-v mnrnliiir n burclar S) jear? o. nfie wa iliscotercd in D C Gaston's home in Webb Clt Aflr an ec:t: ch?'c lie wis cap tured aril locked up by a crowd of school boxs At Galena Sunday nvornlnir unknown peison placed duamlte urder the mln ins pl.int of tho Itadcer Mininc "ompany anil completely ilcstroje.1 the propert". Yt-steroay morning, whin police court opt red !: Joplin, there were llfty-five of fe -ders before th cojrt. chatf.ed with crime "f alicoat eierj- nature. In Jop'.m and Webb City it 's ccr.sld ered unMfe for pron3 to (to ."ut alone late at nlaht. and it is reported that women c.irir firearms for protection. thouBh it Is denied bv the town cfflciils. Pesldes this reign of terror. Inaugurated bv burlirs and footpads, Joplin hs been the ne of numerous shootlnc affrays and there are now on the District Court calendar three recent murder catea to te tried at tn January term. VISITORS AT ST? LOUIS HOTELS II J. ltU of Da"ts. Ttx.. 1 at th Jttr- -n. K. Masrtn of Mexleo. Mo., split Tftar at trn roatafm. -Mr nnn Mm Hirclnic of I:1a. Tpx.. re at tl.t Jeerfoii. -Jai'.es I ilia'.ck of .v Tori Is ttjtiir t It- M N:choU ) i I-k-brich of Itrerosn, Infl bait tootj at the St June's II T" Ixmr of Chieiro. HI-, has romi at the S Nlfholas - E. n J.ihn-on of Quincy. HI- Is rsflsterca at t.i.' uihrn. A. I". DoIji cf Attleboro. Mas" , ! juest r.t th rt JCIchslar Itr anl Mrs. Mltcbfll ef Kaasas C3ty, Mo are at tl.e LlrdIl - J a, Gcslrtrj of teh mil. Sfo . Is rtf-t-iU at tre L.:ndII. -I '1 Jlarolaz of DaUwood. fl T) . la atiiy inir at !: Jelftr'on. P M Killy cf C!:icat. in., arrived at the rt Tan-ts yc-t-ruuy Itr and Mrs W r. S-Jllivan of CWcifn, ID are -t th- iu James. II 1 Thnnas cf IIi.ntnvl3, Ala- waa at ths lnCeil relrJaj. mr.ory Jtnr.lnKs of Uttl Rock, Ark., haa rnfnt at thr I-irltle. Upward Ilalwi of rUIsdalptila. ri Is a am-- a the Southern. M P cviiicr If reentered t tha Ijcled from Itrrnrfnild. Ark H P Wtllrcan of Hurt-mo, IbiJ., Is rfl-ter-d at the M J.-unfa. T. T Hi.bbonJ of MliiracitT, Wis., has nx-m at the 1'iant-rs. -Mr ad Mr- J K. Goodwin of Kirksrlllo. Mo j-e : the Lacd. KdaarU C sjev.art of "(Vaj-ahigtcn. Pa.. Is f tarlnc t ttw .Sjutbtra. Mr anl lira J H. J-!7 cf lira TtoOc, Arit.. are at tfce XanJU. IT !.. Iios-nan .-.t Ds Mo'.n-s. la., ater!t yt-rda at tao IJnlell. Mr. anl Mrs. John S. Elliott of Boo-rrllle, Mo . are at th Southern - J T Janklln of Waco. Tx., Is ea tli rocst Hit at the rianttrs. Majir G-orre J:, rtictr of Lexineion. Kr Ls a sm-t at tro lclM-. N Geor-rs A. Mcradlfn of Jtffersoo CSf. M- has nwms at the Jerroii. " Po-npy Ho, of H-okl!:;iv ltua.. 1. m tha E-Jfs- Hit at the ?L Mcbciai. "" " go -- -Ciari-a H. thlte of Fort Worth. Tax. --"-at yirterCay at tfce Plaatcra? At Chicago Hotel. KEri-.EI.IC El'ECIAU Chicago. III.. Dec "7.-St. louis rn-wrui registered at hotels here to-doy: p"r,3ns Aui'tcrium "A V," ttlrl. W T Uni9s - It- Mann, C. S O-Brtei G." TJ ' xLiSi?" wil11- '''' c- R Jw"- s- Urand PacISe C B. Dudler. Metoria it. K. I. Or-nt Korthere-J. IT. Eairiran. a. w. C-rjer. T. I.. Me)-rs, it. D. Woloott, Palmer Itou-e v.. J. Perkins t-t t Wrleht. J. II Paine. -". W. P. C,CarLV'waIkf'" "' VlXi'- T- B- -"-n"'. 3rrs. Ilrtvooit J. C Cter. ?"'T ?K0rl: ? a? ''"-a- attnraers to col lect the ctldence ast- m-kc rc tn rcon. Thse gantlemen. after an eihaintivn examlnaiion of tin- matter simultaneously v-,th that conducted by the Department of Justice. Iwm nported to the Attorney Genral that in their opinion the fscts ascertained support tho complaint and Jus tify in the public Interests the tiling of a p'.tltion to enjoin the operation of tilt Gen enl Paper Company, a corporation of Wls conain. which is tho lastrunicntality through which the alleged combination to control tho prices and distribution of thosa products In the Western States is con crjcled. "In this opinion the Department of Jus tice ccncurs. "Th-i Attorney General to-day directed tlat a rvtitlon be fi!-d oj-a!nt the General Paper Company and the tnmty-fnt-r pa-i-cr manufacturing factories located in tho States of Minnesota. Wisconsin and Mlchl pui which it represents, to have such combination declared to be an unlawful re-tralnt Lpon Interstate coniCMrte ind a jr onopoly. Tho ntlllon will bo fJed in the T'nlud States CirCJlt Court for the District of Minn ita as soon as the nece-sao pa ptrs can ho prepared " COMPANY OFFICER DENIES ANY VIOLATION OF LAW. littl . ni.tr'S.PlTIAT- Milwaukee, wis.. Dec. 27. The General Paper Company maintain" an office In this cm ana nanaics me complete output of mills in combine. At the annual meeting, held here Ieccinber I. It vas announced tliat the llrm had handled frt.t'AOW pounds laM. j'-ar. and that the builnesi of the eornpany amounted to tI2.ao.OM a ar. an .ncrease of I2.'Oi"1 oer I'sjS. Twentj-ix mills are In the comblro. and since It was formed five car ago It hns lmnll'sl ST) tons of paper daily. Tile officers are Prcse-nt. J. A. Klm berly Neenah: 11-st vice prsljent. (5. , Whiting. Neenah: cond Icc rres'dcnt, W. '. Stuart. Chicago; s"crtar-treair-f. J,. M. Alexander. Milwaukee; sales manager, J. a. Davis. Chicago. Theie was no id-i of controlling prices or restraining trade in the organization of the G--neral Paper rompan)," said I M. Alexander, secretsry and treasurer o' the oigarlzatlon. "WV ,i0 not think thit It Is a nor.opoly or that it can b proied o. The companv ws formed in May. ISO ah a bujlng and oelllng ac-ncy by leading paper concerns. At that time we consulted competent 'e-gal authorities bv which w" were asmired that our organization t.-iis l'tal In eierj- wa and In lolatlon of noce of the laws of the State or nation "It was Incoi-r-imted und-r th laws of Wi!coiiln and has been malntainefl as was Intended by the organizers, in a ner fectlv legal way. This Is not the first time that a mov tnpnt has been made against the companv for the American Paper Association made strong efforts to haie an examination made and repeated petitions were sent I. it to Attorney General Knox at tho time he was in office, asking him to take up legal proceedings. He did look un the f landing of the companv and found, as he reported, that there waa no ground on which to lose action " MISS AGNES GAHRIRON. Who committed suicide. The romance of Agnes Gen-ivm s life ended !n tragedy jCFtTdav morning at the City Hnspltil when she died of poison which tl.o had swallowed ten hours before. Albert Chlttum, a strtet car mortonnan, to whom soo was engaged. I held by the police of the Eighth Iiktrirt. The couple wire to have been married a week ago. but the wedding wa delayed becatiM- of th lllneis of a relative of Chlt tum. Monday night Chlttum called at No. J420 Washington at-:iue, where Miss Gar rison boarded, to take her to a theater. They re hard to enter the house again at 11:3) o'clock, but went out Boon after. According to Chlttum. white they were in the house after the theater Mlis Gar rison told him that she bad taken poison. lit thought that she was jesting, but be came alarmed when the effects of morphine became isible. He then tool: her out on the street to keep her walking, he said, lxdievlng that to be the war to avoid fatal results. When tlicy wer in front of Daniel's Hotel. No. SCO-I Ollie street, rtr condition was very bad. ho said, an J he took her into the hotel ard secured a room. At 7.30 o'clock ye-sterday morning Chlttum went to the office of Doctor E. W. fxjif eken of No. 23E Olive street. Ho ordered the young woman snt to the City Hos pital. When that Inotltutlon was reached tho case was hopeless, ns the poison had filled her system. She died at 3 a. m. To Patrolman Dorri-. who arretted him. Chlttum gae a small red lwx from a drt-K store In Detroit, Mich. salng that M!sa Garrison had swallowed the contents. Doctor Oolfeken said that Chlttum told him that Miss GarrIon had kw allowed a white powder. Miss Garrison was 23 jears old. She cam? from Detroit, whro sho Is jald to bo connected with a good family. Hie was employed in the Agriculture building during the World's Fair, and since that time had bean maklrg preparations for b-r marriage. Her friends think that the delay of the wedding cau-ed her to take her lifo. An inquest will be hald to-dv. SAYS GIVING HAS BECOME A HABIT Colonel John H. Carroll Presents ?1.(Kj0 to Orphans' Home of Which He Was an Inmate. "To giie something- to tr-e Children's Heme at Chrlstmae has become a habit with itf," said Colonel John IT. Carroll yesterday, speaking of his gift of JLOOO to th Cincinnati Inttltution. "After the eleath of my parents. In 1K1. it was the only home I had. and if It had not taken tne in, I do not know what wnuld bac become of me I lived there for two yearr, and then the officers tie cured me a home with a. family out la thi State." When the man who Is new gen-raj at torny for the Burlington lUllroad was sint to the ejrplians.' Home, fce was four years oE When ho came to Missouri and became prosperous, he began to aid the home, and haa done so ever since. Colonel Carroll wes returnlns from Washington when he stopped in Cincinnati to view- llifi ce.ne of his childhood. His visits, are looked upon as events at the Children's Home, especially by thn ln matep. who know the good things which follow his ilts. FOUND DEAD IN HER HOME Wealthy Oklahoma Man Arrested After His Wife's Death. Hobart. Ok.. Dec. 27. A fusillade of shots was heard to-night in th house of A. N. Uj ers. at Gotebo, r ixteu miles east of Hobart. and persons who entered found Mr. Ilers dead with two bullet holes from a SS-raliber ievo!v"r In l.er breast, and Bers lying unconscious on the floor, with a bullet hole jn his h-ad. Mrs Byers held In her lifeless hand n OS-caliber pistol with the chambers dis charge-, jiytrs is the owner eif the town site of Gotebo and I reported to be rich. Mrs. Byers a few months ago sued for di vorce, but la-trr a reconciliation was f-f-cterf. Byers in the meantime bavin shot Mrs. H era's former husband. Bvers arrested and brought to Hobart to-rjght. FAIRBANKS NOW A MASON. Republican Leader Initiated In Indianapolis. Indlanapoll Dee. "7. 9r.itor Charles VT. Fairbanks, Vice President elect, was Initiated Into the secrets of Masonry tt day. The initiation was made the occasion of one of the most notable gathering!? of Ma sons ever held In Indiana. The controversy betwe-n members of the Woman's Human" Foclely and Gatnn Akoun resulted jesterday in his arrest on a charge of improperly feeding and shel tering two elephants fiie camels, two Ilamis. a wale- hufTtlo and a 7ebri. Akoun Immediately guc a t.V bond for his appearance in th-t J "lrt UlU-lct I'clice Court. whre. h sas, lie njn fight the case. The lnd was slgred by Jncst I.rmy The ar.imnls wr-o used In Mjsterlous Asia on the like at the World's Pair by Akoun, who conducted that concession After the Fair it charged tint th" anlmaU were not bing properly cared for They were tak n to a. building th it hail been U3ed as a restaurant, which is noli heated by a huge stole. "It Is simply a case of women who know nothing aliout keeping such animals trj'u to tell us who do," said I'ernand Akoun brother of Giston Akoun. and a iiart own er of the nr.lmals. In dincusslng the ar rest. "Those animals are worth several thou sand dollars to u-. and it Is unreasonable to charge that we would not gie thm proper shelter and fcod We know how to treat them, and have emplojcd a man who knows about the are of such .inunau, to take charge of thtm "We most Risuredlj will fight the cas to the hlghrpt courts, and will bo pri par'-I to show by competent wltne'tei that we know what wo are doing, and thit m brother his In no way been guilty of cruelty to animals " Special Ofncer John H Flnnell nrrested Akoun at the World's Fair vestrdny aft rnin. Akoun Uvea at No. C350 Olive street. DOUBLE WEDDING OF NEW THINKERS Daughters of Mrs. V. K. Mac-Don aid Will Not Promise to "Obey" When They Take Nuptial Vows. A double we-diling ce-emori of mor than ordinary Interest will b performeil at noon to-day, when two sisters will 1-e married In the first public wedding ac cording to tlie ritual of the New Thought denomination. The principals win be Miss Edna Ma rwr.ald, 1? years old, who will wed Ber tram Col'.lllo of Iandon. KngtancI, and Mist ThcoJora MacDonald. 1J jears old. who will be married to Mac W. Dwinncli of Leis Angeles. C:d. The young women are the daughters of Mrs. Vlr.t'.e Hoot MacDonnld an or dained mlnwter of the Church of Practical Christianity. The ceremony will te performed at ti.e Church of Prictlcal Christianity. Eight eenth and Pestalozzi streets, the P.evertnJ H. H. Schroeder oiTiciatirg According to the New Thought Idea the woman is man's e-cual at d does not have to promt c to "obey." Another phrafe. "fntit death do you part." is also done awav with, as. tho New Thinkers believe tbat death does not part mm and wife, but that they live tcge.thcr in eternity. Colvllle and Ml?s Ma have been sweet heart" only n short tlm". He came to the World's Fair with th Kiltie Band and met her while she was ranging In I'es tlvsl Hall. Dwinnell and Mi's Theodora have been sweethearts for several yuars. although she Is only 15 yeara oH. When he ie moved to California they kept corre sponding, and when he came to St. Iuin recently to claim her as lili bride it was suggested that a double ceremony bo per form 1. Inasmuch ai Colvllle and Miss Edna contemplated being marrld. While several hundred invitations have bevi issued for the wreddlng. the cere mony will differ little from that of any oSrer denomination. Colvllle and hU bride will remain in St Ixiuls. He is a musician in one of tho theaters. Dwlnnell and his bride wilt de part Immediately after the wtddlng for Lo Angeles, where he is in business. JUDGE DECREES CHILD TO AUNT Father and Sister of Baby's Mother to Hare Its l'oscssion. Judge, Walter B. DoIas VMtrdiy handed down a memorandum of his rea sons for denying the application which would restore to lio possession of her mother little Marie Kirchoff, 7 vears old. The question of tho Ijgal possession of the child arose after a dccre had he'n made In a divorce suit In which William G. Kirchoff was the man in the cae and Mary Kirchoff and Celestine Kircho.T, who were "lsters. were his first and second wives respectively. Jilge Diuglas decided the ca--e some time ago while ill. Ftating that he would give his reisons Liter. He states thit the denial of a mother of the custody of h-r child, and particularly a little girl, seems at flryt blush abhorrent. He does not find that the girl's mother Is a. fit person to have the child, but he regards that It Is for the bet Interest of the child that she be left with her aunt, who has raised her since she was an In fant. Tlio Judge states that the evidence shows no act of love for tho child on the part of her mother, unless the filing of the suit could be said as such. She gave the child to her sister shortly after the Infant's bhth, and afterward;, deeded the child to her sister, the Judge saj'3. She did not contribute to the child's support or make he-r any present of clothing, rib bon or toy. the Judge rtatccs. On tho other hand, the Judge says, the child's aunt hns treated the girl as her own, and the child's happy face give evi dence of the affection she has rteelved. Wncrpell Estate Is Inventoried. An Inventory of, the estate of r. E. Wuerpell, filed in probate yesterday, sets forth a personal estate of f0,lT7.l2. The ft. I,iuis Court of Appeals jester day reversed the decision of the. Circuit Court of Pcmicot County, plving Judg ment aira-nat J. I". I'ranklin for 5i.') in favor of Aleandr Applegat" for th draining e.f a lake in Peni!ucot Count, entitled I'mict Ivike, and reminded the cae for a nen trial Jmlge Itejtmm. who vxote th- arp-I-late court's opinion. aid that the ,iKt wis connected with the Mississippi Biver, t'io mil--? distant, by a bajou, and that in time of high wjter the like nier to o-.crlloA the surioundlng lanl. and that the defendant ivas but lawfully using end changin the surjaie of hl.s o-An projiertv fur nhieli, properly and prudently j-r form'-d. no action would lie- at the plain tiff's iriFtance The lak uas one n-d one-half mllet v ide an 1 thro i:i!le3 long and was formed b the New Madrid earth'uiak'i of l',ll. The parties to the cjit owned portions of the Ink', and Applegnto had esth.blish-d Iishri"s. from uhleh lie deriv-d an an nual profit of WJ". it was stated. Frank nng. ucsning ! reLlalm the portion of his land cover. d bj the like for cultiva tion. undr authoritv of a contract with Pe-mU'oi County, drained the lake In 1J bv nitana of a ditch, wnicn conr.-cti with .i. ditcn maae by the county Judije Kejburn saiu tint tne i-'alntiff as entitled to ncoiT audi damages only as were the proximite and natural eonseipiences or thn defend mt's act. and tnut trie plaintlfl's right of action vas re stricted io recover tor damages conse qu. nt up.iu the trsp.i"s nmniMattsl by the tetimo:i In th tncroaehnient of Pie dieaeboit uiwn his lanl and the exca vation of his soil. lh I'onri .it appeals e3terda upheld C-. faeniiv yf th- lUrnc- Medical College in rctuslng to i-ue a diploma to Onus lork. 'ltie action of the st Ixji1 Circuit e'ourt in 1h.Ii,k i ivrlt cf Mendamus to compel the faeul.j io graduat.- Vork a.s of the lass of fxi v..i.s reversed 1 ork eiimul to have tuifllle all the re qtilreinenls ot tie colltse preliminary to ra.iintion Jutie iitburn. who wrote the appellate court's opinion, xild that the constitution or the collet" i.ive the Hoard of Trustees ilNertiur.-.rj pov.er of graduating or wlth 1'oldinjf elegr. . and the right of deter i lining Ali.it studtiits should be graduat ed treiin the institution Associate Judges III aid anil Goode eoncurred. Other de-cWons vverc: Br Jtdice jnand: Ella Gates e'cfrmai et a, , j!-Uni v Joi" J Oates et 1 . 'siinient, Jair.w C. !blo, ap-fll-nt. city afKrmxJ t'ilireas' Ccsl Mining C'iK-a.ir. reirxcd it. v? itard ilcfjerautu au-iia.it: citj at atm4'! iL ; Southir Ir-n Cmztziy. rerpocitTl, - ticlMa J'oner Cmany, aiwllant, city; af nnrefl Mate Ufe Irj--arc Ctapilr. rspo-4nt, v rilwarU X. hwirr!' jt,f, jrptllaat. ciw . af -Init r l 1; ItftMe at-rfiiint. resoii.leiit. MajK-jn Co'unt ure. ifr.rm-c for fall A n-rsen. ruTicnSi-r'. vs. I,'uie a. rij-j. il'.-xllant. L-ircai. CXunt, afarsita tjt r-li-err. Ily Tnilge c;.-o!o- I IIuko Grl-rn. arp-'Lmt. v. .Alr-.Mia Bar rlnjclon. r&rlner.ee, etc . r rwndent. el'v a. rirm'; ' " l.-ar-riJ Tin-writer (tmranj. appellant, n n:urv Il-iltj- Cimpanj. n;-j-oJat Uir .rd mil r-aiinde.1 rfbcc.i j lew' ri-.pcnclcnt, vs .7chn I a'l aif-i'att. cit aMrai-l. ' Ilv mite U-ttuni. 1 lar .i eiaaillu-. rei-en-Iit. -n I7.t fni B"'1ts Amum-nt Ccmtauir. a;-n'.lant. city. iliarl-s enii re-rordent. v. tr W" Vr--r-an tppj-llant city, revor'.I and r-iiaidJ 1 11 ilammoni respondent. Male. P DariisAtoa, nnpcllaat. clir, arnrrioci. The following opinions were passed up-jn: p-arles rower vs John De.ia: apreal . SlTor hls'S'S' " "!,att ' Cn;'" v,lh In re ltaie cf I'llrfc r i , !c'ir!.- a I-il di'nnr,o.j f - n'lur,. ; arp-Kane- to 'con- plr vlth ml- of this court Thimas a Iti.s.eii i. William B Cas.idv: maiyn fcr r-li-arlnp overrclcd eler1 ar Itoalli i 'ompanv , CTjaf lea V Drecil, ip-ti"ii fer r-h-itiln eierrujed ti"n for -v-eirin ovemiVd Frark Sterrelt rs I)t!ir Krmtn and rriar-t-n Itillvva. coiatanj, motion for reft'arlir o r r-iileo Jariej H-'Iri is Ft Iyvij. Transit Coronau: otilrlun modlfl.fi and rn'ci '' rtcph-n Ttfrnr.r v K. P.. Darts r.'al Urate 'cm:nn tnoum f,r rah.arinx ua-ntr-J nrd rcTarllir; uranfit Ealnrard A N.ru if st i-ij, ,n(j sbiirl an '-allay CVrr.;mv. n-otirsi fcr reh-arinr ox- Ti-mis A :-i-- y S U,ui i(cl.uit3w Erirfa- 1"-niinal Itailv.uy Oon-fvany, nv.Uoi fo-rehea-tnc ov rrul-d nilrat-lh .Vwnunn vs Ft Leuls Tra-si' Comaiii rrotlon fwr r-hiaring overruled. " " In re Vids't la mlror) ty nrxt f -ten I v. J.1TV -nilh ap-ieai dlnniise.i itr- failure o' app-IIart t. court v 'th rule of th! coarL Mitland Ilielisliirj ('.np.in v Innl r-t Trad- fojnal. .ip.-1'..tr.: allmxl JJ1.J) t printing athtratts of r-ord JarTil, Wen xs yt I.,ul TrartV Comra-." motion t. trar.fr f jprerr Court or md. i'et.r Bold v St Ixrl. Trans': Comrani arpellant allowed -T 3) f,.- j.nntlcg abstracts of recrrd Jacob .-.-i-nnum vs St. Ty.jii Transit ejtjm. pais apprllaiit alrtea TCS 4-y for printing ab stracts Mary Jioiinct vs Aicerlcan Strtroa-. .mi MOTinir Conyani . motion fcr cueta for printing attract 'n-mil-il Kdwart UuLfcari re Ft Ilia's Transit Com nan. aipeilanl allowed JJ1 fir prlntlric ab stract h'lan Mitchell ts Ciiesar. end Alton Jtallwaj Company, iipf-llart aliowtl (71 aj for printing at. rn-e. o' record Charles Somm'-.r. ad-rini?trator . v. rruiklin Dar.:. "t a! . motion fir rh-arlni: overruled Wiiiian v'nre?'. bv net: friend, vs Miwr Cipar and l'a;r Ccmpanj . motion for rchear rc iverrll-l Ph-nlx Plarinc Mill O.-nranr v Fnr.k H?-rrior. et al , motloa for r.Iieariny over ruled VV I Ftrlpllnr vs rl.arle McGulre. notion for rttean-.r overroled :. Ivaiil Itr.nr Aewci it on r-sr.nde-. i" James Kaltenbach et al , appellant, no tion for n-'i'ariru overrnlej Euw-i. Well etc . -t-.p.a!ert. v M'esonri Kllri E'ectrli I'onumv arpeilaat. -lotlor. fur r-hearina ove-nild nr.t motion to t-ansr to eunrerc" ev-tiirt ovemil-! mini Orube! .:c r..r-",nd t vj tVabaJh Railroad eanriim. apt--!lirt. nvition for rc hiarirr: ov-rnil"! -dilla National Ttaak. repondr.t v caj. Hy llros r.lv Stc-ck Coirpan). arptllaot. mo tion fcr renearlrr overrulrt,!. Auzust enraertlcld. re-rinclcnt. vs. Ft. Lout Tran-it C,.m-an. apj-slla.-'. mctloa for re hesrlnr ri milM vlt-ert LambTt arr Uant vs MirN Temnle I-inile-- re'c-crcle.it. motion for reVanrc o-.errul.! Vlll.a-i II- ale-. -eeji.e-t. i. 2Iij.0.Iri Ttiilroid rimnanv. a;t" lart. moticn fcr r--ar'1le ea-raleI Vllstt Com"'-), r-.p. m Wvltr 1,. FIowr a;p . notion for reli-aring everrJl-d ' C.iiiiav hrhro-'er rep v st IuU Trans It e-ernpanv. ata nr:in '- tehearlri- ,. taln'l and r-i-'arl-.g crantefl O-rrpc Mnnnal rltf Hen.- H 7)-n!son re'eree. etc rp v "a M. Proctor bdd ' m.tlon f"r iliftrirs ..jst-iin-i r.d reheirirg grante I -time Itickah arP. v. Jolir OTtrien nolle-Wo-k-. re-i tnoti-ei for ren-irtnc eernile.1 VuKiMta. Kupke apv. v. st lyiui. Traralt Corrpanv r'.p the arieal i. dlnl"ed bv an rellint 3rd at fler costs IInrv I) Itod- afp . v tu. Transit r.jmitinv re.p . ar!-al dlnlw-d t,r appellant aal at his co.te (s-car J Mm. r"p . vf St laMla Transit Comparj. app , notion for rehearing ovr ruleil Frank W It s And-;n Grata: motion to transfer to Fuprene Court oremiled Ordered that from and after January 1. 1507, the compensation of the marshal of this court shall re fifteen hundred dollars (Jlae'V per annum. Ilcr Ides of Racing. Sportsman: 'Terrible soaklna; they had in the Welter Handicap. 'Why. whn the Jockeyc weighed in they were each allowed two pounds!" & Lady Friend: "Poor fellows! I suppose that was to buy new clothes with." iStstJtt'JWItiet.Ke 5S "'' '' L'arTHPS i&V? & 'ST:-: vjgg i - To Prove What Swamp - Remedy, Will Do for The St. Louis Daily Sample Bottle Sent Weak and unhealthy kidneys are responsible for more sickness ans stiff Ming; than any other disease; therefore, when through neglect or other causts kidney trouble is permitted to continue, fatal results are sure to follow. Your other organs may need attention but your kidneys most, because they do most and need attention first. If you are sick or "feel badly," begin taking Dr. Kilmer's Swamp Root, ths great kidney, liver and bladder remedy, because as soon as your kidneys begin to get better they will help all the other organs to health. A trial will convince 'anyone. The jiji,i ind immediate effect of Swamp-Root, the treat kidney and blad der remedy, is eoon realized. It stands the hlchest for its wondrfuI cures of th most dltrc"lng ca"e. Swamp-Rrot will set your whole sjstem right, and the best proof of th .-. is a trial. M ''vttaEc Stre.:. ll-lroi-. l!as.. Jin Tl J"V TD-r Sir- liver alric- I es In the array I cad more c- le aldney Irr.nM. aid within f a ear It fc-catne rj ,--rs and cornpll- "ted that I .urrrl eterthl-c and waa ra i-!i iarmd mv strength anJ ;w-r was fan reeling. lack oi amoitmn iojs ci nesn. saj icaririt me i ,- an adTertisemer.t of i tow completion, or Brignt's disease. hr.imp-r:oot ard terots aekirg for advice I a ., .' "" tpe t dicire anl r.otl V. J lmi'r"'nient after talrg Ssatap- .. -ut uiiij- a ,r in -im. "I continI Its u,e and a-, thankful to say tint I a-n -tl-l enred i.zr. atrong. la erd-r to te v-r- -ti-e about this I bad a doctor 'x- -..., - .- in- i my air to-iav ard re rro-sour.c-I It all riglt and In epiendU condition I n in tiat car anim 1: la pr-ly v-rtat'e and dcs ntt contain anv arrrfJI criiza Thankl-c cu for lm complete racov e ml recnmroendlra- Swarrp-Root to all t- .ercrj, I aai. ver. truly vour "i. c TticH.rtDso!;" .!.-- .. . -"---.-. - . -. .w. -a- srECIAI, XOTC-In order to rrove the wonderful merits of Swamp-Root yon may have a. sample bottle and a book of valuable information, both sent abso lutely free by mall. The book contains tr.anv of the thousands upon thousands of testimonial letters received from men and'women cured. The value and sne eess n' Swamp-Root are -o well known that readers are advised to send fo a .simp!" bottle in sending vour address to Dr Kilmer & Co. B!nhamto-. X T , be sure to sav you rend this gen.-renis offer in The St. Louis Daily Republic The genuineness of his offer is guaranteed. HIS ROOSEVELT FIGHT IS Country Politicians Recall llis Attitude Toward the Presi dent in the Pat. J. T. MOORE EXPLAINS CASE. Tells About the Kerens Opposi tion to a 1004 Indorsement in the -Jefferson City Con vention of 1002. Verv few nut-State politieians were in the c:ti yesterdav- conccmlnr themselves with the senatorial fight. Though the eandidites kept their headquarters open as usual, mtist of the visitors were those who have be-en in the city two or three da.vs or who live he-e. James T. Moore of Lebanon, one of the Republican leaders of the Sixteenth res trict, spent th" day looking over the situation He is one of the men who a-o unalterably opposed to Kerens and wan favor Tarker. "Mr Tnrker is n r.eichlHir of oars." raid Mr Moorp "1V all know and like him. I have nothing hard to say ale.ut Mr. Akins's change of heart from I"- r ker to Niedringhatis. because I j resume he thought it was best. Howeve-. we people in the sixteenth are for Parker flri-t and last. "I see Kerens i trying to make it ap- TIG !", , V ,7?, "AT1 and weaknesses peculiar to Intlorsinc Roosevelt In the JefTer.on City "" convention in !:-'. The truth of t'ie mat- J vomen ever attained, tho pro ter is thnt he opposed giving insinictio-s j prjetors and makers of Doctor fur Itoeiseveit for H4. tre vital jKiint at stake. He did rot want even to Indorse Roosevelt':, administration, and onlj pre sented the inJoiement as a compromise on the Indorsement for 1I He knows that, anl so doe e.verv other man who knows anything about the matter. "Mr. Kerens can rever make m coun tn people believe tliat he admires the President in ary way. "hape or form. He brought out Fairbanks fur the presiden cy in 1501. was one of the most prominent workers in the Hanna wing of the party, and at the meeting of the Xational Com mittee not quite a jear ago absolutely refused to say a word commendatory of the President. Kvery other member of the committee did so. but he made him self prominent by begging to be excused. Of course, everv one knows his attitude at the Chicago convention." Ben F. Resell of Steelville Is working actively for Mr. Parker a-o. last Satur day the Crawford County committee met and passed unanimously a resolution in oppoltion to Kerens, askln? their Repre sentative elect. L. H. Lewis, to vote ag.ir.st "ilr. Kerens at every point. Other county committees have done the same thing. A friend of Kerens yesterday admitted Root, the Great Kidney YOU, Every Reader of Republic May Have a Free by Mail. Ssvamp-IiiGt 1' not reeomraer.dd fc evtrj thing, but It promptly cures kidney liver and bladder trouble?, the symptoms of which are obliged to pass ycur wate" frequently night and day smarting cr Irritation In passing, brlckdust or sed' ment In the urine, headache, backache. !am back. d!zz!nsi". poor digestion, sleep lessness, nervousness, heart disturbance du to bad kidney trouble, skin e.rupttors irom nna oioeri r.cu-aign. rneuroatism. t dlibfte; bloating irritability, wcrn-oi.t If your water, wncn anoweei to remain undistarbei in a g!a-s cr bottle for twen-tv-fn-jr hours, form- a sediment or ' "igjV-e that Jon- k ' e,la,n p ,. . ' I. .V newl -mmedlate afer'ii i tlins-. or has a elocdy appearance. It is I'lnevs ana maaaer ion S-. nr-r,-Pnnt Is r,!e-aant to tal.! ana for -ale at druz -tore3 the world over la bottles of two -Ize-j and two prices Sity c-nt and one d .liar Remernbe- the name. SAamp-Uoot. Dr. Kilmer's Swamp-Root and the address. Blnghamton, .. T.. en 1 everv bottle. that Church of Bates and Whltiker of Hickory woui 1 not vole for tre m. 'Mr Kerns labored with them for ove tnn hours" s-aid this man. 'They were both pretty indeperdenf We ar not counting upon them at all." All of the politicians are raaklmr prepar ations for eoinc to Jeueron Ci'y the ust of the week. Prior to that time, the ed itors will pi) to St Jnsoh for the meetlnc of the Re-publtcan Edito-iai Associati'n. which convenes FTldiy for a two days" session. Foth Mr. Kerens and Mr Nleee rinsrhaus arc expected to attend the meet in? CSING HERISTEUKIJ LETTERS. Voters of Twelfth District Are? Rottv rred by the Contest Preweerdinjrs. rostmaeter AVyman yesterday detalle-l a large number of substitute letter carriers to take caro of the registered letters that have been sent out by the Republican In the Twelfth Congressional District con test. Following Um custom of last contests. Simeon Harris, who has the contest in charge, is sending registered letters t the voters of the district. It Is done wit the avowed purpoteof oiscov-erins" whether regiatcred voters live at the residences they gave for voting purposes. So bothersome have the registered let ters become that in many cases bona fide I residents refuse to sign for them, so that they are used ravoraDiy tor tne contest ant. Backed up by over a third of a century of remarkafalo or.d uni form cures, a record such as no other remedy for the diseases Pierce's Favorito Prescription now feel fully warranted in of fering to pay S500 in legal money of the United States for any case of Leucorrhea, Female Weakness, Prolapsus or Falling of Womb, which they cannot curs. All they ask is a fair and reasonable trial of their mean3 of cure. All correspondence held sacredly confidential. If you require medical advice don't fall to write Doctor R. V. Pierce who will give you the best advice possible. Address Buffalo, N. Y. Dr. Pierce's Pleasant Pellets are a ladles' laxative. No other medicine equals them for jjen tleness and thoroughness, - XkS. - .- . a ... rtiriir&ter TsartrV-s .-mwma. 'Af'-" Vstvytf1" jS$,Zrf'.tr-iC;'':'-' f -?;I.-ftU..--. n5vs JMj JZVr&'J&& , 1 t s-- w.w "