Newspaper Page Text
ffOfffllSlMAZFTTF "All governments derive their Just powers from the consent of the governed." "All men are created free and Equal." " THE OFFICIAL ORGAN OF THE PEOPLE'S PARTY OP RENO COUNTY. ' VOL. 12! HUTCHINSON, HENO COUNTY, KANSAS, THURSDAY, SErTEJUIliirToOh W. 3. - "" """ ' ' ' I I . ! , GRAIN TRUST IN COURT. Last Friduy win the day fixed (or the bearing of the inquisition into the meth ods and" practice! ef the alleged grain trust in the district court before Judge Simpson. When the time came for the calling of the case, there was an unusual Attendance In the court room. More over they were not the usual faces seen at the district court looking for scandal or some bit of sensational news, but were the faces of interested people whose tights in business were to be affected by the Issues' there involved, There was a large array of legal lumi naries interested In the case on both ides. The defendants in the suit were represented by Martin & Vandevcen and II. Whiteside, and Sum Jones of Lyons. The plaintiff In the case which in this instance Is the State of Kansas were represented by County Attorney Carr Taylor und his deputy, J. U, Brown and by Trigg & Williams, The defendants immediately made a motion to dismiss the proceedings on the ground that the statute under which the suit was commenced was unconsti tutional. The section granting the power for holding such an inquisition as was then called was especially attacked. It claimed that the provisions of law and jurisprudence everywhere for Inqulsi tionary measures such as a grand jury, etc. provide for the taking of testimony in secret and with everyone connected with It sworn to secrecy. In this case everything Is open. The second con tention and the principle one was that these people who were subpoenaed could not be compelled to give evidence that would Incriminate themselves. The statute provided that they could not be prosecuted under this law with any of this evidence, and that none of the'evi dence could be used against them in any criminal case, but still there was contention over the point, and also over the point that this evidence might be used against them and other grain deal ers in a multitude of civil cases for dam ages which might be sprung all over the State. It was therefore claimed to be in violation of the property rights of the citizens summoned as witness. This point while urged with great vigor by Judge Whiteside was not considered with much seriousness by the other at torneys. Another point raised by Mr. Vandeveerwho represented his firm in the argument, Judge Martin not appear ing, was that there was no provision in the title of the law which related to the manner of procedure under this Inquisi tion clause. While this is a purely tech nical objection It is one on which many a law in this State has been declared un constitutional, It was after twelve o'clock when the last attorney had his say. The court then surprized almost everyone by calling the stenographer to his desk, and saying curtly "The motion is overruled. Mr. Sheriff, adjourn court'' It was first blood for the State and the farmers. It might be expected that the court would want some time in which to consider as important a motion as that but he had evidently been over the law himself and understood it as well or better than the attorneys argu ing it. When the case was called afternoon the county attorney offered a motion re quiring the attorneys for the defendants whoever they are to tell whom they rep represented. The stenographer was not present and the motion made a scat torment among the attorneys that left the court room as silent as the grave for awhile. Mr. Vamlcvecr stated that he repre sented Mr. Smiley, who is secretary of the State Crain Dealers Association, On resuming business there was an agreement entered into between the at torneys of both sides that if the wit nesses should refuse to answer the charges on the ground that their an swers would tend to incriminate them, they might be placed In jail construc tively, until the question of the consti tutionality of the statute could be tested in the supreme court. When placed In the witness chair all the witnesses ex cept Secretary Howatt of the Farmers Elevator Co, of Haven were either very unwilling witnesses or refused to testify at all. Mr. Howatt testified to the de tails of the organization. He said his company had purchased 3500 bushels of grain in July, 15,000 in August and about 3 000 in September. At different times Mr. Layman the traveling representa tive of the Tcasdale Commission Co. of Sc, Louis has told him that the purcln si ing of grain from the Farmers Co. was causing them much trouble. He was invited to attend a meeting of grain dealers at Wichita about the 23d of August." At that meeting Mr. Teasdale of St. Louis was present. The matters were discussed and a certain copy of a letter written by the firm of William Astle 81 Son was read, Mr. Tcasdale disapproved the course of those writing these letters, but went back to St, Louis and shortly afterward (he Farmers Co received notice from the Wichita office of tne Teasdale people that they could not continue tobid for their grain, At the Wichita meeting Secretary Howatt asked Mr. Smiley If their elevator would be accepted as a member of the State Grain Dealers Association, and received a reply in the negative. The copy of the letter written by William AsUeJjj) Son was afterward offered in eviaence. His claimed by the State that a large number of these letters sub stantially alike were sent out to various dealers principally on the Missouri Pa cific railroad, by Astle. The letter Is as follows: Haven, Kans,, Aug, 1st, 1901, Gentlemen: We have a Farmer's proposition here at Haven which is very annoying to the grain bubinessand there is only one house that Is handling their business, and wo have asked them to quit. This they ogiced to do, but did not live up to their agreement and are still biddiiig and buying of the farmers at this station, Now we have been heavy sellers to J. H. Teasdale and hereafter we will not give them a single bushel of anything and we so stated to them. Now we understand you people have been selling them considerable. Now as brother dealers we ask you to quit them and stand up and tell them just why, and we will ask all other re liable concerns to give their support and we feel sure they will and no doubt Teasdales will see their folly. With best wishes, and thanking you in ad vance for any favor.we are Yours Truly, Wm. Astle & Son, As explanatory of how they came into possession of this copy the following portion of a letter from the Teasdale Company under date of August 14, was introduced as evidence. "In regard to the letters written by Astle & Son, will state that we have none of the originals in this office, but for your information we enclose copy, It is possible that our Wichita office, may have one or more of the original letters nnd if so we would have no objection to your using same provided we could turn them over to you without violating the confidence of the person or persons from whom we got them, At the present time we do not know upon what conditions these originals were surrendered to our repre sentatives and as a matter of course if same were obtained in confidence or with the understanding that they would not go out of our hands, we would have to retain possession of same. We are glad to note that you are applying for mem bership in the Kansas Association since we think this will bring the matter to a head and relieve us of considerable em barrassment. Yours Truly, T1109. D. Teasdalr, Tres. Smiley was the next witness on the stand and he refused to answer practi cally everything on the ground that it would incriminate him. Smiley is a little shriveled faced, Pinchbeck of a fellow in appearance whose looks would lead one to believe that there were plenty of things ol which he might be guilty. The first question asked was to tell the object of the Grain Dealers As sociation. He refused to answer. The court ordered him to answer and he agnin refused to answer. He was then remanded to jail, constructively, He was next asked to examine a copy of the Grain Dealers Journal printed in Chicago under date of March 25, 1900. He was shown a resolution printed in the minutes of the State meeting of the Grain Dealers Association with the state mcnt that it was introduced by H. Work of Ellsworth and was adopted. The resolution was as follows: Resolved, That the members of the Kansas Grain Dealers Association re fuse to do business with any receiver, commission man or miller, that bids, ir regular dealers and will not accept the the flimsy excuse that he did not know he was an irregular dealer. It shall be the duty of the secretary of the associa tion upon receiving proof of such bids having been made, to notify each mem. bcr of this association of this fact. Smiley was then asked if that resolu tion was passed at that meeting and re fused to answer. He was then usked to tell what was meant by the use of the term "irregular dealer,'' us nued in that resolution, He refused to answer. Smiley was then asked if he had not drawn up contracts organizing the grain dealers nt various places in Kansas into an unlawful trust, combination and pool for handling grain, and especially at Haven, Kansas and Concordia. He re. fused to answer. The next witness was a man by the name of McNeece of Wichita who is the agent of the Teasdale Commission Com pany at that place; He was a very un willing witness'nnd an artful dodger It was evident he did not want to an swer about many things of which he had knowledge, obyiously because it would Injure his firm's standing with the mem bers of the grain dealers association. He admitted having had conversations with the firms traveling representative, In regard to the purchase of grain from the 11 a von company, admitted that shortly after the meeting at Wichita he had received notice from Teasdale not to bid on the Farmers Co's. grain and In fact his evidence very well substanti ated the testimony given by Mr. Howatt. When court adjourned a continuance of the examination of the other witnesses was agreed to till some time in Novem" bcr, after the questions raised here are passed upon by, the supreme court. W. P. Harrington editor of the Grove County Advocate was in the city getting pointers from the trial. He attacked the member of the legislature from that county, a man by the name of Jones, nnd charged him with being a member of the grain trust and robbing the farm ers, This brought two suits for libel which arc now pending and Mr, Harring ton thought something might be of fered in evidence here which would help him in his defense. He seems very confident that he will be able to de fend himself all right if the case comes to trial. He thought that a man who makes the laws ought not to violate them. Kent A Defaulter. For several days there has been ugly rumors afloat in (his city to the effect that D. W. Kent, formerly a prominent citizen of this county and an attorney at the Reno county bar, who for about six years has been Grand Secretary of the Odd Fellows of Kansas, had absconded with funds of that concern. Nothing was published however till in Tuesday's morning's papers. Investigations were in process a,nd there was evidently cau tiousness among his brother Odd Fel lows to make no statements that might be wrong. The Topeka Capital of Tues day morning contained a column and a half devoted to the matter. While the investigations are not com plete at this writing it is estimated that his shortage is about tS,5oo. Against this he has furnished a bond in some se curity company for fa.oco only. This seems like a very remarkably small bond for one that handles so much money. It is stated that his reports and payments to the treasurer of the order have al ways been prompt until very recently. He had been in the habit of paying over the funds at odd times when he would have sufficient amount on hand to make it worth while. It had been some months since making any such payments but nothing was thought of it till the time for his annual settlement went by and Kent was away. This brought out the investigation which revealed the facts of his shortage. It is said to have been two weeks or more since he has been in the office. Hut he has been in Hutchinson since that. He was here as he said to see the marketing of some fruit from a fruit farm he is supposed to own northwest o( town. When he was here he was ap parently game and chipper as a fight ing cock. There was 110 sign of worry in his countenance or demeanor. Hut it seems that he never went back to To peka from here. It is claimed that one from Topeka saw him in Chicago as late as the 15th. ' Kent was always a great hustler and he would push a proposition with about as much vigor as any one that could be found. However it is probable that he never had much system, order, method to his work and never knew just where he was located. This may be responsi ble for his fall from grace. However, it seems more likely that his love of fast horses is more responsible. lie kept a stable of sixteen at his lime in Topeka. These were frequently represented at the speed rings in the eastern part of the State. It is claimed that he had no bad habits and did not gamble but such a string of horses constitute a luxury few are able to support even if others do the betting. It appears now that all these horses have been disposed of and the in dications are there is little or nothing that may be levied upon. He was sup posed to have owned considerable prop erty in this vicinity, having been the repined owner of several farms, but it seems to develop from the best Informa tion obtainable that there is practically nothing in his own name, and most cf the farms have been sold. Mr. Kent's family are in Topeka and are said to be heart broken over his actions. They express an intention to surrender the .property in their name to help make good his defalcation. His wife recently underwent a surgical oper ation. It Is stated that his description has been placed in the hands of the offi cers and that a reward hat been offered for his detention, However the surety companies that will have to pay the 3000 00 will bq the active ones in at tempting to bring him home. These companies employ the best detectives and never relax their efforts to make an example of one who causes them loss. It has been noticed this year that there were two sets of grains on many cars of corn. Scattering grains would be found on the ear which were quite mature and along side of them would be rows of grain evidently younger and moie watery and juicy. F.J.Smith thet Hamlin grain buyer says this is due to a second fertilization of the corn. His theory Is that tne early tassels, had just commenced the work of fertilization when the drouth struck them nnd blasted them. A couple or three weeks latter when the rains came new tassels came out and completed the work of fertilization which accounts fortwo ages of grains on the same cob. This may be an old story to the veteran corn raisers but we confess it Is a new one on us. Hiawatha Democrat. County attorney McCormick of Rush coimty was in the city Friday attending the hearing of the grain cases. He has been thinking ot bringing suit against some of the Rush county grain dealers for violation of the anti-trust law and wanted to get all the information along that line he could. He says he has strong evidence and his evidence tallies exactly with that pocured by others con cerning their plan of operations, He de sciibes it as follows: Mr Smiley of Topeka secretary of the grain dealers association comes down to his county and visits the dealers of each town, If there are four dealers in one town he says, now we want to be friendly with one another, we want no grain fights. You four men each buy one fourth of the gram offered each month as nearly as you can determine. If one gets more than one fourth, nt the end of each month he pays to the other dealers three cents for each bushel of such ex cess. Then he takes a forfeit of $100, from each of them to hold them to the agreement, and the thing is done, While nothing is said about maintaining prices it will be readily seen that this process does fix the price. No dealer can get exactly one fourth of the grain marketed and if they do not get three cents above the usual cost for market ing grain the one that buys more than one fourth will loose three cents per bushel above the old time margin for buying and shipping. Mr. J. E. Sullivan of Valley township who was a caller in this office one day last week delivered an interesting dis cussion on the subject of "Shredders." Perhaps the matter was generally known to the farmers witnessing the oper ations at the fair in this city a few weeks ago, that the machine which shucked corn and chopped up the fodder is called a Shredder. At any rate such is the case, and according to Mr. Sullivan the shredder is about the most valuable invention that has come to the farmer, especially the farmer of this portion of the country, in many years, llcsidcs doing the work of shucking the corn.it chops up the stalk of the fodder so that stock will leave but a few of the coarsest pieces uneaten. According to all the reports of the experiment stations thcie is much more nutriment in the stalk than in the leaves of the fodder if it can be broken up and shredded so that the animals can eat it. After being run through a shredder ihe fodder may be stacked up and kept for years like hay, There are at least two of these ma chines now owned in this county. One is the properly of the Combs brothers In Valley township and the other is owned by an Arlington man. There may be others in the county. At any rate it is safe to say there will be many more within a few years. Their present price is somewhere from $175. to $250. and most of them at least require a thresh ing engine for the motive power. Presbyterian Concert. The first concert of the season under the direction of First Presbyterian Sun day school will be given at Presbyterian church Friday evening Oct. 4th. Miss Jelta G. Campbell of Wichita who re ceived first prize in soprano solo con test at the Musical Jubilee last year will sing several numbers. Miss Lenora Scott aided by musicians from Nicker son and Hutchinson will render fine se lections in instrumental music. Admis sion tickets 25 cents. Season tickets good for five concerts $1.00. Door open at 7:30. Programme begining at 8:00. j fH)touihti SAY, MR. FARMER ! You pat yourself on tlio back when you save a fow dol. lurs on a certain piece of machinery; how about tlio Mus lins, Shootings, Canton Flannels, etc, for household iiho this winter? Wo intend to mnko it to your advantage to trado nt Martin's, as theso prices will evidence: Unbleached Cantons. Our I'rldo No. I0 23-ln. Mar tin's speolal,., no Our Pride No. 30-21) In. suft lleece iljo Our Pride No 85-l!04-lu; good values for the money 71c LaconH !l()-ln txtra speolul, heavy long lleece 843 Our Pride No. 6u-80-lu, wear like buckHkin 10a Our Pride No, 70-1)1 In. hard twlHti'd bHck, long lleece, 12)0 Yard Wide Muslins. ii-.macx-zki. Vil by Y.I. Dull, Home Hun 6 4 Hurllngton...... 6 MI Young America (U (ii Forest Mills. ...7 0 Gold Medal ....71 74 Hope 74 74 Hill 8 7 Lot sdnle 84 8 Fruit of Loom . 84 8 Htval Hf Dwlght AnchorlO Mi MasoovlllM.... ii 04 Pride of West. 14 13 Hurtelith Long IS 18 Wnms'U Twill 12) 12 Indian Head,.124 12 ,71m Dandy ....10 IIJ UNJILKACJIKU, Yd. by Yd, Unit. South Sen 81 84 " 4 6 F.MeKay (spec)) S Lock I) Hi t 0 6 Auburn It nt 04 rppperell II 7 6 NatV'AAA" .74 74 Indian Head.. 74 74 Dw'irlit Anohoifli 74 Sterling t .... 84 8 Hull' Uloiiekml. Oabot 74 71 Hills 84 8 Farewell 84 8 SANITARY "ISismoi'k" sanlUiy, soft, me dium weight, gray end brown mixed, 27 inches wide; yrd..74o " Merlin V very heavy weight, soft doiitl" lleece In gray end Halt blue, 80 In. wide; yard... 84o P. MARTIN DRY GOODS CO. ONLY ONE PRICK CASH HOUSE IN 2 1 Hutchinson, - - Ivans. 2 Freight paid on all 5 . 00 mail orders within 100 M iles. Catalog free, jjj 'NEW ERA" PAINT 4 1 1 WHW 4t4'4 - i TCi 17 R;3 Oi'M ;' MH-fiPrh ,iii.nul '-".ii'TtoMr iuinrdi.ifciiHt.ii. inii-vi-i.r-'nin'i'hi'iirTiiiitfu... . iii'h-h UJMMW ACME CEMENT, PLASTER, PAINTS, OILS, VARNISHES, CARE Y'S CEMTNT, ROOFING, BRICK, STONE. THE WHITE IiA I rsHiSwrTI The Great Rock Island UouteiB plao Ing interchangeable mileage books on acatftleall oupon offices west of Mis souri Hiver. These boobs are good on fid, 1001 2 Bleached Cantons, Our Pride No. St5- -27 lu. long soft fleece (ijj Our Pride No. 86-ss-ln. good firm back, wears well 7'.ta Our Pride No. 40-SlMn , Mar-' tin's extra weight canton , .81c Our Prldo No. 00-32 In. for general servlen the leiit...,10o Out' Pride No (10-82-ln. very soft and wonly 2o Our Prldo No. 70-!U-ln. the beat lfto 1 Full 80-ln wide unless otherwise stated. Cimibi'lo Munlln. Diamond II 111 ... I'd 84 Juiptrlul 10 LoiiniUIh 124 llcrkley Extra 15 Ueikley No. 150... 20 UloiK'lmd Drill... 80-ln. Stark Heavy 8'' 82 In Fall Mill ...10 3(l-ln. repperell...l2J Brawn Di'llUna. SO In, Pepperell.. 80 In. Martin's ., Dwlght "200" ... 30-ln. Waukullu . ,..74 ,..84 ,10 ,. 84 FLANNELS. Ultra SaultalUry C.tntnn. lll-ln wide soft, double wooly lleece; colors like 84c goods; yard, . , .Klu Norway blanket fleece, extra long doublo knap, very heavy, weight, gray or brown; yard. 121c AN EASY MATTER. You'll find it eany enough to use "New Era" Mixed Paints. They goon ho even ly and stay so perrnuiiently. You can't fall to see an improvement the minute It goes on. May he you have something that needs painting, W. G. HAINES. Opposite Poetofllce. 4i'4Hr4 - 4 - 44 . ... I w- W YOUR DOLLAR It mrs to bo over worked ulour bturo. WHYi BECAUSE IT DOES TKB iVOJKOF TWO. See us about it. .m LUMBER CO. LJ Mnillllll I lll'll si "i :.' ' ' 37 different railroads and will be a great advantage to commercial men and travellers. The net rate Is 20 per mile in Kansas, Missouri, Nobraak, Oklahoma and Indian Territory.