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THE LIBERAL DEMOCRAT VOL.XVI. NO. 9. LIBERAL, SEWARD COUNTY. KANSAS, AUGUST 17, 1922 By J. B. MILLER u JUDGE GRANTS MANDAMUS AGAINST CITY COUNCIL Court Order Bond Elactoa Should Have Been Called as Petitioned For Judge C. E. Vance in' chambers at Garden City Monday afternoon is sued a writ oi, peremptory manda mus against the city council in the matter of the calling of an election to vote (20,000 in bonds to aid the Kansas & Oklahoma railroad. At a meeting lield Wednesday ev ening of last week a petition con taining the names of two-fifths of the taxpayers of the city was pre sented to the council and after a session of argument for and against the proportion the counccil voted three to two to refuse to accept the petition and call an election. An application was therefore made to Judge Bancs for a writ of man damus to compel the council to act favorably upon the petition and or der the election. The hearing was set for Monday afternoon and the petitioners were represented by At torney G. ;W. Sawyer, and the city by City Attorney H. A. Gaskill. Ac companying Mr. Sawyer for the pe titioners were J. F. Fuest, C. M. : Waters, W. B. King and J. B. Miller. Mayor W. V. Grif "th and Councilmen Newby, Vickers and Wright, and City Clerk L. L. Holand appeared In the interests of the city. H. R. Knotts accompanied the party but not In an official capacity. The city presented a lengthy de fense, containing a number of al legations; among them that the bonds were asked to build a railroad out 6t the state; that the names on the pe tition were secured by misrepresen tation and sundry others. After hearing the pleas of the at torneys for both sides Judge Vance stated that the only question was 'the legality of the petition, and in timated that he would grant an or der of alternative mandamus and have another hearing at which time he could compare the;, names on the petitions with the tax- rolls. At this juncture Attorney Gaskill asked the court if the ;facf that the money derived from the sale of the bonds would be spent on a railroad outside of the state would not be a cause for refusal to grant a man damus. The court held that inas much, as the citizens had petitioned for an election the only thing the council could properly consider was the validity of the petition asking for the election; that the people had their chance to protect their inter ests later. Upon this statement Mr. Gaskill announced that they would waive the legality of the petition and the order was made. And thus ended the first legal bat tle on behalf of the Kansas & Okla homa railroad under the new prop osition. The council could have delayed matters at least one more week, but Mayor Griffith told a Democrat re porter that they had no desire to delay the game; that they consider ed it was their duty to refuse the petition and now that the court had made it plain that they had miscon structed the law, they were ready to . call a meeting and grant the petition. BUY YOUR SEASON TICKETS It is just a week until the Chautau qua starts, and everyone in Liberal should be planning on that week. It is seven days of real entertainment, nd te season tickets are selling fast Dont fail to buy your tickets before the opening day, or you may be too late. The program this year is- the best we have ever been able to secure, and very number is a top liner. (Chau tauqua Is not 10c a country fair, the first day Is as the last, so make ar rangements to see the fourteen num bers. The location of the tent will be on Kansas Ave., south of the Ault building, the first performance will be Friday, August 85, at 2:45 P. M. GET YOUR SEASON TICKETS. Mr. and Mrs.' J. I. Bunyard " and children returned this morning to their home in Stillwater, Oklahoma, after visiting at the home of; lis parents, Mr. and Mr& D. C Wood, for several days and looking after - the interests of their farm in Okla homa. Mr. Bunyard was a former . ' resident of Liberal, and was principal f the grade schools in 1906. RAILROAD BOND ELECTION CALLED FOR SEPTEMBER 12 City Council Uiuei Order and Set Date at Early as Possible Acting upon the order of the Dis trict Court wherein a writ of per emptory mandamus was granted, the City Convened Tuesday evening and made a call for an election to vote bonds in the sum of $20,000 to aid the Kansas & Oklahoma rail road. The date set was September 12, the earliest date upon which the election could be held, and oh this date the people of Liberal will have the opportunity of expressing them selves as to whether or not they will extend aid to 'the railroad company. There is a lot of misunderstanding regarding his proposition and many people think the present issue is in addition to the old issue, making a total of 140,000. Nothing could be further from the truth. The Mayor and council refused to deliver the old bond issue, giving as their reason the time limit had expired. Rather they could not legally do so, because than again take the matter to the suprem court and cause endless delay and flie prospect of an adverse de cision it was decided to ask a new election to vote bonds with the un derstanding and contract that the old Issue would be' waived by the com pany. Accordingly Mr. Byers has signed a waiver to the former issue and this preludes any possibility of his receiving or attention to secure the former issue, and really makes j this election a matter of revoting the $20,000. The second object raised is that present proposition does . not guar antee the road to Forgan being com pleted. Anyone familar with the situation would be satisfied that this will be done. At this time the grade is completed from the east line of the city to the Kansas line with the exception of one mile which is in lit igation. There is no more work done -on this end until the townsite of Greenough is reached. Here the road is graded through the townsite ad two miles east. Then there is a gap of two and one half miles not graded. Here the grade is taken up and is completed to Forgan. One mile of track has been laid at For gan and 5,000 ties are on the ground. The work of grading, engineering wprk. track and ties represent an in vestment of $36,000.00 on the part of the company. The Greenough townsite is as yet unsold. Now, we wish the unbelievers would consider this proposition. With $36,000.00 invested beyond the townsite of Greenough would it be good business to stop the road there and lose the investment on the other end? This investment is responsible for the very liberal proposition sub mitted by Mr. Byers. He is willing to take the $20,000 in bonds of the ity and guarantee the road to Green ough. From there on he will be abel to finance the construction be cause of the fact that the work is well advanced. The Kansas & Oklahoma has a tan gible investment in the city of Liberal done at its own expense except a small amount contributed. The load reaches from the east line of the city to the west. It is connected with the Hock Islands tracks on the east and with the same tracks on the west. The grading in the west part of the city is the most expensive of any on the line between Hugoton and Greenough. They have land for ter minals contracted and some of It Is paid for. All this without a cent of public money. Now how can anyone claim Byers has not acted in good faith? He has actually built his road across the town on his own resources and the in vestment already made will equal the amount of the bonds asked. Another kick is that the money will be spent for the line outside of the state! We ask for proof of this state ment If the opposition can prove this then it is evidence. Their mere statement is insufficient. It has been stated that Byers has not lived up to his contract in the past. We ask the opposition to make specific statements, giving the con tract violated and promises broken. Unless such, statements are male there can be no answer, and if such statements are made we feel that we ea meet every objection to the satis faction of th public . ' ., "We hope there will not nay to be STRIKE-BREAKERS ASSUME BELIGERANT ATTITUDE First Trouble of Rail Strike Tuesday Night When Union Men Felt Unsafe on Duty Owing to fear of trouble with the strike-breakers employed in the local yards, the second trick men quit work at lunch time and the third trick men did not go to work until daylight Tuesday night and Wednesday morn ing. , It is said that an electrician ac cused Lawrence Weidensaul of throw ing missies at him while on the street earlier in the evening. Weidensaul had been on duty and was not up town during the evening . However the report is that a number of strik breakers ganged up and threatened to clean up on him when dispersed by guards. They told him they were looking for a switchman who had tried to run over them. Some of the men in the crowd were on duty, others had gone off duty. The best informa tion we have been able to get is that around a dozen of the strike-breakers ganged up on the platform and made threatelng remarks, so that the sec ond and third trick men deemed it unwise to work during the night. An engineer, walking in direction of the yards heard boisterous lang uage and retraced his steps . It is said he was told by a guard that the strike-breakers were at lunch, but the absenc of lights made his suspicious and he refused to go to work. Following the trouble, it is said the strike-breakers got into difficulty between themselves and this ended in sveral quitting the job. There has been rumors of a beliger ant attitude on the part of the strike breakers for several days previous. It is said that they have tried to pick l, j.l ii. i .4,11 41,-1 trouble with the union men still on the job, but have been ignored by them. The men are holding themselves aloof from lawless acts and hope to main- tain the respect of the people. -WALDEN PROPOGATES NEW , VARIETY CANTALOUPES E. C. Walden was a caller at this office Thursday morning and brought with him an excellent specimen of his new propogation of cantaloupe, which he has named King of Honey dews. Several years ago Mr. Walden crossed the Honeydew and Field Daisy with very satisfactory results. He secured the size, shape and sweet ness of the Honeydew and the ap- pearance of the Field Daisy. Each j soon thereafter, year he has saved the seed from the Hunt is what the business men and best specimens and now has the var- citizens who kow him term "a prince iety established sufficiently to put of a fellow" and all regret his de seed on the market - citizen who know him term "a prince The new variety is very pleasing , we have learned to know him inti in appearance and possesses an ex-; mately and have never found a more cellent flavor, and is in much de-' congenial companion or a more loyal mand by those who have tried them, Mr. Walden' is supplying the mer chants of Liberal with great quan tities of cantaloupes because of the .f w v. i,o. v,o , nnJ GOLF TOURNAMENT AT WICTITAj The Vail-Cresview Golf Tourna ment will be held at Wichita, August 29 to 31 inclusive. A large number or towns nave sent in tneir entries, and Liberal is among them. Messers G. L; Glasgow, Alphie Emrie, Roy Harrison and Emfl Harrison will en ter from the Liberal Club. Thefe will be six flights and every entry will be qualified in at least one, there will be no rejections, all entries will be made from scratch, no handi caps. The city tournament will be played at the same time ad the out of town players will have an opportunity to witness the games. Liberal has some good players and they will no doubt make it known .in this tournament METHODIST'S THIRD ANNUAL PICNIC, . . , . The Methodist Sunday -School U hold their Third Annual Picnic Tues- uay aiwmHm, io wu. About 600 people are expected to attend. ' There will be games, con tests, and plenty of fun for all along with the big picnic supper they will have. a long drawn out controversary over this matter, but if it must come to a scrap, we feel that being on the right side with a proposition worthy of ac MmtanM wa Mi win. Liberal must have this road, this if certain and the Enroll Elliott of the Rose Valley Interests of the whole people are par- neighborhood was visiting and trans amount to any other. . acting business here today. REV. BARRIER GOES TO EMPORIA TO RESIDE Excellent Family Leaves Liberal Regret of Their Many Friends to Rev. Thos. F. Barries, D. D., for several years pastor of the Presby-; terian church at this place, accompan ied by his splendid family, left the first of the week for Emporia where he went for the advantages afforded by the college of Emporia, which will claim his son and daughter as scholars this fall. During his stay here, Rev. Barrier has made a wide circle of friends who keenly regret to see him leave leave. He is an unassuming gentleman, but of the disposition and qualities of the commend him to the best people of the community and win their love and esteemn. And not only was Rev. Barrier popular here, but Mrs. Barrier and the young folks held a high place in the minds of the people. The only son, Paul, was for sever al months a valued employee of the Democrat and we certainly regretted his departure. He was the "working est" fellow we ever had in the shop, and the way he absorbed knowledge of the art preservative was a wonder. Willing, faithful, ambitious, he had just about every quality which could be demanded by the most exacting employer, and when he is through his school work, if be has a leaning toward newspaper work, it would be a pleasure and a privilege to have him finish his work in this of ice. The Democrat wishes every .mem bee of the family the fullest degree of happiness and success and will al ways remember them with pleasure. Mrs. G. R. Fox of Anthony, Kans. and Miss Mary Gaskill of Kaw City, , " , Oklahoma were here oyer Sunday at the J. B. Muler home, Mrs Fox is a sister of Mrs. Miller ana juibs ubskui a niece. REV. OLIN HUNT TO ClCt TO A NEW FIELD SOON Pastor of Friends Church WiU Take Pastorate at Cherokee Oklahoma Rev. F. Olin Hunt, who for several years has been pastor of the Friends church at this place will soon leave for Cherokee, Oklahoma, where he will take the pastorate of a curch at that place. He will preach his farewell sermon here August 27th and go to Cherokee j booster. We ca heartily commend his to the people of Cherokee and hope the will give him the support and friendship i he so richly deserves. Hlg pla;e her( be f 1led by Joseph R. Sams of Colorado Springs who comes with the best rectommen- dations as a citizen. We welcome him to the city and extend to both he I Hunt our or pleasant stays in their new homes. CATHOLIC PARISHES HAD. AN ENJOYABLE PICNIC The Catholic Parishes of Liberal, Meade Plains and Fowler, held a union picnic, Tuesday at the Reynolds grove, one mile north and three east of Meade. At ten o'clock, the religious ceremony of High Mass was celebra- ted by Father Herman of Fowler. At 12:00 a big picnic dinner was thorough ly enjoyed by the large crowd present At 2:00, there was a ball game be tween the Liberal-Plains and Meade Fowler teams. After the game at 4:00, the crowd listened to a very interesting lecture I on "Duties of American Citizenship", ' venby the Hon. Judge Santry of j gVJ of . fa fWMng, and various sports and at 6:00 the ladies aids of the different Parishes served a bountiful supper, after that the neople departed to their homes, de claring they had spent a very happy I and profitable day. There were about i 600 present e Roy. Ravenscroft on account oi illness was unable to be at the store yesterday and today. j LIBERAL MEN TAKEN UP WITH GARDEN CITY POOL . Finest Swimming Pool in Southwest Causes Agitation for One at Liberal At the invitation of Judge C. E. Vance, the delegation of Liberal men who were at Garden City Monday vis ited the new Municipal swimming pool, and as a result of this visit, a number of them are raring to go in the direction of a pool for Liberal. It is said that the pool at Garden City cost in the neighborhood of $10, 000.00. A part of this was in dona tions of material and labor on the part of the citizens and the balance was spent by the city. The pool there is 450 by 240 feet, raging in depth! from a few inches to six or eight feet The water when taken from the pool is used to irrigate the trees, flowers and shrubbery and in the course of the next few years, Garden City will have a park that will make some of the eastern pleasure resorts look like r. mud fence. Hundreds of people visit the splen did pool dally and even the business men are becoming devotees of swim ming. Some of the Liberal men don ned suits and took a plunge. We understand that the matter of a pool at iLberal is up to thie park board, and the' Democrat would like to see this body bow its neck and start the ball rolling. We feel that the citizens of the town will be glad to get back of the board in putting this across. A lot of the work could me donated and it is more than likely that te ma terial could be purchased at cost, the same as it was at Garden City. By starting now the pool could be completed to the point where it would furnish skating this winter and it would be ready for use when the warm days come next summer, We would like to see forty or fifty business men ,including the park board, take their families and their dinners and have a picnic and enjoy the swimming pool. If this could be accomDlished. there is no doubt , but what a pool could, be built here. This would prove a great drawing card for the city, and we would like to see some action at an early date. The Lions Club Regular meeting of the Lions Club was held at the Grier on oMnday noqn was held at the Grier on Monday noon Joe Berwick presided as chairman, Reports were received from several of the committees, one being the en tertainment committee, which report ed that a picnic would be held by the Lions Club on next Monday. AH Lions are requested to be at the court house, Monday at.2 p. m., prepared to spend the rest of the day, playing and eating up on the river. Mr. N. B. Mahuron, l iberal's new superinten dent of schools was a guest at lunchr eon, and made a very interesting talk. On motion, meeting adjourned. SOUTHWESTERN BAPTIST ASSN. The 35th Annual Southwest Bap tists Association was held Monday and Tuesday, August 24 and 15 at Satanta, Kansas. The Convention was well attended the two days and especially by the people of Liberal. The Liberal Bap tist Choir, under the direction of Mrs. A. V. Ebersole, had charge of the services Tuesday evening, and some very good selections were given. Those bavin special parts on the pro gram from here were: Address ... Rev. John R. Pennington Violin Solo . Vocal Solo ... Vocal Duet .. Clifford Leete. Mrs. A. V. Ebersole . Mrs. Alnhie Wooten ........ Letha Rolo and LIBERAL FIRM MAKES A NUMBER OF SALES The Liberal Typewriter Exchange has made a number of sales lately. Three Dalton Adding Machines were sold the past month, one each to Rig gle Bros., Liberal Warehouse, Trans fer and Storgae Co., and the Fortna Lumber Company. A new Woodstock Typewriter was sold to theeounty for use in the of fice of the District Clerk. Liberal folks are learning that better typewriters and adding ma chines can be bought fa Liberal, as can be bought anywhere and the Lib eral Typewriter Exchange is doing the business. Mr. and Mrs. T. L. Gray and son Gerald were in from the farm near Satanta several days this week. , LEGION AND CHRISTIANS WIN Bet Game of Week Between Carle, lan Church and Fire Depart ment with Score of 2 to S Interest in the city league ball games has been waning since the hottest days of the summer have set in but the base ball fans missed one of the best games of the summer Friday night when the Christian Church team surprised the Fire De partment by taking the long end of a 5 to 2 score. It was an interest ing game, very few errors and some good hitting and fielding. One would judge from the stand ing of the teams that the Christian Church team' had either been prac ticing up or spiking their team with new material. They have been in the cellar all year and the Fire De partment has been holding seeond place all sason. The game Monday night between the Railroaders and the Legion was another brand of base ball, altogeth er. The game was slow all the way through, was made unlnteestlng by errors and poor fielding generally and the fact that the Railroaders had to run in several outside players to get a full team, did not add to the class of the game. The Legion won the game by a score of 9 to 8. It is hoped that the Smith Athlet ic field will soon be put in shape for the remainder of the games of the schedule. Work is progressing nice ly up there and the grounds will be ready in a short time. There will be two good games in the next week, the one Friday night between the Methodists and the Leg ion and the one next Monday night between the Lions and Fire Depart ment Both of the last named teams are struggling for the seond place position, and this will likely be on of the best games of the summer. Plan to see these games this week. EPWORTH LEAGUE PICNIC The Epworth League of the Meth odist Church met at the church Wed esday evening and drove to Stouts grove. After an evening of games and the general amount of fun with the roasting of welnnies and marsh mellows, along with buns, pickles and cantaloupes, the crowd return ed to town having spent a pleasant evening BAUGMANS TO CALI FORNIA FOR WINTER John W. Baughman and family are leaving this week - for Long Beach, California where they will spend the winter and where Robert will attend school. They wil go through Denver, Salt Lake City and San Francisco, driving through in their Cole 8. E. D. Copper ' will accom pany them as far as Denver, to look after business matters. FORD TRUCK AND CAR COLLIDE The Paul W. Light and company Ford truck, driven by Andy Hockett, collided with a Ford car near the Lincoln school building last Friday night Mr. Hockett was ' thrown from the truck and rendered uncon scious for several minutes by the fall. He was taken to his home in the east part of town, but was able to return to work the first of the week. There was little damage done to either of the cars. NOTICE TO TICKET SELLERS " One more week for the. sale of the Chautauqua tickets. Push the sale of season tickets, everyone you come in contact with should be solicited. There has been some misunderstand ing about the war tax on the tickets, as they are printed with the war tax added, but there is no war tax to be paid, the price is $2.50 for adults and $1.25 for children. The $1.25 tickets are for children between the ages of 6 to 12 inclusive, under six no charge, over twelve, adult ticket The two ticket selling teams are) striving hard to win. Help your team win a dinner at the Grier. STANDING OF THE TEAMS Legion ' 4 0, 1000 Fire Dept 4 2 66 Lions 8 2 600 Methodists 1 2 888 Railroad 1 4 200 Christians , 2 4 800 When They Play Friday Methodists vs Legion. Monday Lions v Fire Dept .