MURDOCK MAKES
CLOSING APPEAL
Congressman Asks Kansans to
Joyi Party of Progress
in Address
REVISE TARIFF, IS HIS PLEA
Tells of the Washington Idea of
Legislation on Conser
vative Lines
(Associated Press) V'
HOT-TON, Kas., July 30.—Victor
Murdock, Insurgent congressman,
closed his campaign tonight In the llrst
Kansas district with this appeal:
"Is Kansas next Tuesday to keep her
place In the fore-front with other
western progressive- stnte^, with Wis
consin, lowa, North Dakota and No
braska, or Is she for the first time In
her forty-five years of brilliant lead
ership as a state to fall In. with Rhode
Island and Pennsylvania? That Is the
question. Surely there Is but one an
swer to It—that Kansas will keep her
place up at tho front of the firing line.
- "Down In Washington," continued
Mr. Murdock, "tho machine teaches
tho lesson to its followers that the
people must be held In check; that It
la tho first business of a congressman
or a senator to lead his people with
extreme conservatism and not to per
mit people to rush him off his feet and
Into progressive legislation. The leg
islative device of the pigeonhole, post
ponement, delay and the practice of
enacting Inadequate legislation are
common Instruments of the machine
which Is run by the standpatter.
"Insurgoncy, on tho other hand, Is a
movement In the Republican party
which frankly admits the newer prob
lems In tho nation and desires to ap
proach them with nn open mind and to
apply such- remedies that the whole
country will move with dispatch Into
the higher forms of a more perfect
democracy.
"The tariff ought to be revised a
schedule at a time, to the end that the
revision may take place , with full
knowledge by all congressmen of every
schedule and without trading between
different sections of tho country on
different schedules."
Mother —What Is tho matter, dearlo,
thnt you are crying bo?
Heiress—lt's all pa's meanness. I
want a duke and I want a new motor
car, and ho says ho can't afford to buy
me both.
Summer Bargains
In Furniture of Quality
ISSSeSS SfIESI Pr'cgs here are always the lowest in the E2S3 K1
jHI l«S»a*3Dl9l city. Our Hill street rental insures that. 10 jTg 3 Is*KFKI
IfeSrafiii iurafll But here are bargains that represent re- ijUJAai OKmI
I^al^ ?2 ja 1 1 wE^JI ductions even below our usual figures, IBTiW 1 jj 3 | All fell
and you should see them at once.
t. ' 1 nnlrlpn Ojilr
li~L L I. L L. I- i-S^ U liti iv. 2utJM VlOldCn U3K
- Jtfc{!•!*!!.{: ti M'fefe Bed Davenport
fe|k\. I UL<k IIL UU~i- <L ik JL Ws& b'g value- Highly polished,
IffiWrJ i j > )J_J__ ' ' '- J. 3{wr^^§!Sm upholstered with figured ye-
WmU\~fr^. '^ vT-l^^ r">-^ n^ O^ V; Ej lour in very attractive color
-111»/IS — —..rT..t " .^zz^^~ -^^"^^ ' k $27.50 W j ™—_^m
<pjjj=i^J^^^==l-—|M ™r Our Hill hd Aad
M^' v^ M.M. v/ iJ %0 yIC Vkiilil' if*l' ""^v tiß? lef^^
Mahogany nf N * li^^^^i li
J.?X«.XXV^^«,XAjr. /l* Al^>->«r Bil^b^%i^^:- I^3
Finish Table ur i>ew ( 9^^S^^
A dainty, substantial table that This One i^^WTrt^™|Bjffl
will ornament any room. Rich dl» £"*% O C « ' H \Hw| ft
dark mahogany finish. i$ J^ -" *^ m Hw 1^
$2.50 =OO = I I
j^IJJS^ Turkish Rocker
:'W^JL^^m^ i H Big> soft ' comfortable, with Harring- /n» /% /xrA
ttK'^lpb^fKM^i;. IS ton springs and upholstered with Ster- jK^f kj j[)
W%Ms:M'' W^^l W - -ing leather* As bi £ a value as we have v / /^^zrr:
Jlj||»;|, ,]* V^'. 'd&yv m the house and one you ought to in- £*^\^J
#^^;^''"^^^S QDD CHAIRS AT HALF PRICE
K^^^^^^^^^ Just a Short Block from Broadway, but It Means a Big
V^^^^ Mackie-Foley Co.
723-725 So. Hill St.==
WARF ON TOOTHPICKS IS
FOUGHT AT UNIVERSITY
Chicago Students Post Warning
to Newcomers
CHICAGO, July 30.—A battle of tooth
picks Is on at the University of Chica
go. The "regulars" have declared war
on tho summer students because the
latter uso tho picks In public with too
little delicacy. This habit, cay the
regulars, Is unesthetlc to the point of
annoyance. The anti-toothpick crusad
ers tacked a notice on the ofllclal bul
letin board yesterday informing the
warm weather visitors of their atti
tude. The notice was us follows:
"Summer Students, Attention!
"Warning is hereby given that tho
public exhibition of toothpicks in ac
tion —wooden, quill or otherwise—is no
longer regarded as good form at tho
University of Chicago. Persons who
insist on using tho same will kindly
perform their dental excavations iti
private. The uso of toothpicks on the
sidewalks, on tho lawn, In the class
room or at social functions at the uni
versity is hereby declared an abomin
ation in the eyes of the student body,
and is hereby forbidden.
"Violence will be used If necessary."
DENIES RECRUITING OF
AMERICANS FOR ESTRADA
NEW ORLEANS, July 30.—1f there Is
any such person as Gen. Victor Tomas
authorized to recruit soldiers at Chick
amauga Park for service with tho In
surrectionists In Nicaragua, General
Richard Sussman, representative of
Estrada at New Orleans, does not
know tho man.
"The Kstrada government la making
no attempt to muster forces In the
United States," Bald Qen. Sussman. "I
am not acquainted with any one by the
name of Victor Tomas, and If any ono
has been delegated by Gen. Estrada to
seek forces In this country I should
mokt certainly havo been advised of It.
I have received no intimation to this
offect."
MOSQUITOES POISONOUSLY
STING BABY FOUND IN PARK
NPAV YORK, July 30.—Under a hush
In Central park and surrounded by a
cloud of mosquitoes, a patrolman this
morningl found a four-months-old
baby boy.
Tlio clilld wns crying lustily and
wavingl hla chubby hands to keep away
the mosqultoeß that were devouring It.
At Bellevuo hospital seventy severe
lnKPot bltea wero counted, and the
attendants declared the child's condi
tion waa snrlous as a result of tho
wholesale potsonlnpr by the mosquitoes.
The baby was drowsed In new clothing
and there were no Identifying marks.
LOS ANGELES HERALD: SUNDAY MORNING, JULY 31, 1910.
EULOGISTIC RESOLUTION
WAITS SPAIGHT'S RECOVERY
Lodge Thought That a Member
Was Dead
NEWTHTROH, N. V., July 30.—When
Charles K. Spalght, publisher of the
Flshklll Standard, gets out of the New
burgh hospital, where ho was operated
on for appendicitis, ho will have an op
portunity to know how highly he Is
regarded by his follow members of the
Knights of Pythias. He will receive a
sot of fine memorial resolutions passed
by tho grand lodge In Its annual ses
sion at Far Rockaway this week, which
wore sent to a member of tho local
lodge here to lie. presented to the fam
ily.
The rumor gained circulation at the
convention that Mr. Spalght was dead,
and a committee was appointed to draw
up eulogistic resolutions. Tho commit
tee, completed Its work and bent an
engrossed copy to the family before
any of the members discovered that the
report of gpaight's death was untrue.
Ho Is recovering rapidly, according to
the hospital reports.
■* - s>
CHINESE GOVERNORS ASK
TO BE RELIEVED OF POSTS
BERLIN, July 30.—The German Cable
company received today from Shanghai
a telegram stating that tho governor
general of Manchuria and the Chinese
governors of Kirln and Hel Lung Klang
provinces, the two northern provinces
of Manchuria, have asked to be relieved
of their posts. They feel unablo, It is
stated, to copo with the difficulties
growing out of the recently signed
treaty between Russia and Japan.
This treaty, supplementing earlier
agreements, provides for joint action
in handling railroad problems In Man
churia. Tho Chinese authorities, who
since the treaty of Portsmouth, have
conducted an uninterrupted fight to re
gain privileges lost to Russia during
its occupation of Manchuria, feel hope
less in the face of joint action by tho
two powerful neighboring empires.
UPHOLDS DECISION IN
VALLEJO LIBEL CASE
RACRARMENTO, July 30.—The ap
pellate court today handed down an
opinion upholding the order of Judge
A. J. Buckles of the superior court of
Solano county In denying a new trial
to Walter Skrockl, a Pole, who lost a
$10,000 libel suit agalnit H. P. Stahl
and F. J. MrOcttlgan, proprietors of
the Vallejo Evening News.
An opinion was filed upholding Judge
M. M. M. Conley of the superior court
of Madera county In denying a new
trial to Jose Verduzco, who was sen
tenced to Ufa Imprisonment for the
murder of Constantino Soto, who
worked as a laborer in a mill near
Madera.
HORNING MURDER
CHARGE DROPPED
Hearing Called' but District At
torney Does Not Appear
to Try Case
TRIAL TERMED FARCE-COMEDY
Young Man's Counsel Charges
Prosecutor Resorted to
'Oddity of the Law'
Fred Horning will not have to stand
trial on any murder charge. That
much is certain. When his case was
called in Police Judge I'hambers' court
yesterday morning not a soul from the
district attorney's office was in attend
ance, and the court stated It was In
formed that Captain Fredericks wished
the case dismissed.
Homing's attorneys responded by
calling for the production of witnesses
against him; spoke In strong terms of
tho "farce-comedy" in which they had
been compelled to participate; said,
they considered the district attorney
had taken an unfair position; called
attention to the fact that at Thursday's
hearing the prosecution had presented
an affidavit in support of the murder
charge, which affidavit had been rep
resented aa "made In good faith," and
wound up by declaring that the district
attorney's failure to appear was an
Imposition on the court.
The murder chargo was dismissed,
ending that particular phase of the
case.
Messrs. AVycoff & Hammond feel
that, as Deputy District Attorney
North has published a statement, they
themselves havo a like light, and they
have given Tho Herald the following
for publication:
STATEMENT BY irOUXIXG'S COUNSEL
"Now that this farce-comedy has
been enacted by tho district attorney,
we desire to say that we believe this
proceeding to be the greatest impo
sition ever perpetrated on this or any
other court, in this or any other civ
ilized community.
"At the dato set for tho examination
of Fred Horning 1, District Attorney
North appeared and asked for a con
tinuance, stating as his reason therefor
that certain proceedings had been
commenced before the supreme court
with a view of having the action of
Judge Hughes at Sacramento reviewed.
We objected to this as not proper
ground for continuance, and thereupon
the examining magistrate ordered the
district attorney to prepare the re
quired affidavit. District Attorney
North stated that counsel for the pris
oner were taking an entirely too tech
nical position, notwithstanding It was
their manfest duty so to do.
"The requred affldavt waa presented
to the court, In which a lengthy pro
amble was presented by the detectve,
In which a long 'pipe' story was set
forth regarding a series of crimes pur
porting to have been committed by
one Carl Sutherland, and stating fur
ther that this affidavit was not pre
sented for the purpose of delay, nor to
defeat the ends of Justice; yet the dis
trict attorney then knew, and subse
quent events proved that he had no
Intention of proceeding to try Horning
on the charge flled. This being mani
festly tho case, shall not we be In a
position to say the district attorney
had himself resorted to an 'oddity of
the law,' a3 he Is pleased to charge
us with?
"This In view of their subsequent
action in taking Horning from the city
without an opportunity to consult his
attorneys, which he has a right under
the law to do, and which In all fairness
they should have allowed him to do.
"Horning was taken to Folsom on a
commitment based on a corrected
Judgment which did not exist, from
the fact that the Judge had released
the prisoner on a writ of habeas cor
pus, which was a valid Judgment until
set aside by a court of review. Con
sequently this question must arise In
the minds of those disposed to sco fair
play: 'Why, If the district attorney
was positive he had not erred In se
curing the conviction of Horning, did
he not await the decision of the su
preme court on the application for a
writ of review of the action of Judge
Hughes at Sacramento?'
WAXTKD -MOSSEII CHARGE
"If the district attorney was correct
In his contention, as he has placed
himself on record as being, what had
he to fear, save possibly this, that we,
as counsel for the prisoner, would re
sort to some 'oddity of the law' which
the district attorney might not be
aware existed?
"We further desire to say that we
were willing that tho district attorney
should keep Horning here pending a
hearing by the supreme court, provided
some lesser offense should be brought
other than this charge of murder, on
which no bail could be secured.
"If the district attorney feels that
this proceeding is in line with the duty
he owes the public as its officer, then
we invite his attention to the published
letters appearing in The Herald, in
which certain citizens voice their sen
timents in no uncertain terms. These
citizens are certainly to be compli
mented on the courageous stand they
have taken for fair play. Also, Th»
Herald, which lias always stood for the
under doff, and the officials of the
Prison Reform league, through whose 1
efforts the story of Fred Horning lias
beeen brought to the public attention.
"To those who have sons of their
own, to those who believe in fair play,
we ask that further effort be made to
assist this young man, who is at pres
ent without means to aid him in hin
fight for fair play. For ourselves, his
counsel, we ask nothing. What we
have done wo did believing that Fred
Horning was not being treated in ac
cordance with the spirit of the law.
but in a spirit of 'anything to accom
plish our purpose. 1
"FRED HAMMOND.
"AD. H WYCOFF."
HORNINGNOTPROSEGUTED
WHILE CHARGES IN FORGE
Young Man Could Have Been
Given Life Sentence Were
Allegations Proved
W. O. OWEX
Deputy District Attorney John North,
as spokesman for the district attorney's
office, has issued a public statement
respecting Prad Horning, who is now
once more In Polsom prison. That
statement, bavins been given to the
press, should be discussed in the press,
in order that the public may compre-
My " '^ADJUSTQySSSSg
Ikdm^)Rceseer||
I .ADJJJSTO Cdrseis I
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ADJUSTQ^r fADJUSTQ^SaI
hend clearly how It stands with the
district attorney's office, not only as
regards this particular case but as
regards the thousand and one other
cases In which the poor find them
selves in conflict with the majesty of
the law. This is vital, essentially vital,
for every one of us, individually and
lor the fair name of this city collec
tively, since this case ■will be discussed
throughout the country.
I am not at all concerned with the
first part of Mr. North's statement, In
which he discusses, as a technical
lawyer, the question of whether Judge
Hughes was or was not right In grant
ing Horning liberty. That Is a question
for the supreme court to dacide, and
Mr. North's personal opinion, be It
biased or unbiased, cuts no figure. But
I am concerned with the following par
agraph, which I quote entire:
"We believe that Mr. Horning is a
shrewd young: man who is guilty of the
crime to which he pleaded guilty, and
if it were not for the fact that It was
outlawed we should give him a trial
simply because he says he wants one.
But both he and his attorneys know
that any of the numerous burglaries
and robberies with 'Which he might be
charged were barred by the statute of
limitations within a few months, and
it Is a significant fact that he waited
until that time was up."
STATEMENTS ANALYZED
There is the statement of the deputy
district attorney, speaking for the of
fice. The paragraph quoted consists of
just two sentences, and I shall analyze
each.
As to the first sentence I desire to
say again that Mr. North's personal
opinion as to Homing's shrewdness is
not worth the paper it is printed on;
but there is this criticism to be passed.
In the eye of the law Horning, since
Judge Hughes' order, has been a free
and innocent man, and no deputy pros
ecutor has any right whatever to bo
airing personal opinions designed to
create public prejudice against a legally
innocent man. In the second place, the
words, "if it were not for the fact that
it was outlawed we should give him a
trial," are, to me at least, so ambigu
ous as to be unintelligible. Does "it"
mean the murder charge? That cer
tainly cannot be outlawed.
It is the second sentence, however,
which I particularly wish to criticise,
for therein Mr. North states that "both
lie (Horning) and his attorneys must
know that any of the numerous
burglaries and robberies with which ho
might be charged were barred by the
statute of limitations within a few
months."
I say that statement, used against a
defenseless man now once again be
hind the prison walls, where he la not
even permitted to see a pa imp published
in this state, Is dastardly. I say that,
from the legal standpoint, :\lr. North
knows well that if. Horning had com
mitted "burglaries and robberies" the
district attorney's office could have
taken aetlon at any time within three;
years, and nothing like that period lias
( lapsed. Furthermore, as a man of
ordinary common sense, I know, and
the public knows, that if at the time
of Capt Auble's killing it had been
found possible to prove Horning guilty
of robberies he would have been so
charged and they would have sent him
up for life. The authorities had spared
to pains to paint him as a villain be
side whom Capt. Kldd shrank into In
significance.
RKAI. CRIMINAL DBAS
In Its editorial of July 30 The Herald
says: "It is known by every newspaper
reporter and all the police officers in
the city that following the killing of
Capt. Auble It was deemed necessary
to punish some one, and, as the real
criminal was dead, Horning was made
the 'goat.' " I say that editorial state
ment Is absolutely true. I myself was
in active newspaper work in this city
at the time of Capt. Auble's killing; I
talked to many newspaper men about
the case, and I nover found one who
did not take the attitude of The
Herald's editorial writer.
Mr. North's statement, for which un
questionably his chief, CapL Fredericks,
also must be held responsible, la tanta
mount to laying to the public, the
necessarily ignorant public: "If you
only knew of how many burglaries arid
robberies this niau Horning actually
was guilty you would be with us."
waa guilty you would be with us."
Statements of that kind—unsupported
by evidence and made by way of in
nuendo, are unpardonable, especially
when made by a public official against
I a helpless man.
Moreover, I consider the statement
exceptionally despicable because of the
cautious phrase "with which he might
be charged," an expression which givei
the writer the opportunity of subse
quently saying "I did not write of
which 'he Is guilty,' but of which 'he
might be charged.'" Yes, indeed; it
has come to pass that there is no crime
of which anyone of us may not be
"charged" if it Is thought advisable to
put us behind prison walls.
PUBLIC CAN ACT
I myself am ready to fight, as all
who call themselves citizens of a free
republic should be ready to fight, for
the individual Horning, when I have
reason to believe he is the victim of
official tyranny; but this matter reaches
infinitely farther than the Horning
case.
Men, citizens of good standing, meet
me on the street and they say, half
jocularly: "You fellows had better be
careful. They'll have you If you don't
look out." Others declare, with serious
SKIN COMFORT
During Hot Wearfher
Found in Baths With
CUTICURA SOAP
And gentle anointings with Cuticura Oint
ment. These pure, sweet and economical
emollients afford immediate relief in the
most distressing forms of prickly heat, ec
zemas, rashes, itchings, irritations; chafings,
sunburn, and bites and stings of insects.
KT^For everyday use In the toilet, bath and nursery Cuticura' Soap an<|
Cuticura Ointment have no rivals worth mentioning. They do so much for poor
complexions, red, rough bands and dry. thin and falling hair, and cost to little.
They do even more for skin-tortured and disfigured Infants and children In pre
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Depots in all world centers. Send for 32-page Cuticura Booklet if you wish ti
know the cause and treatment of torturing, disfiguring humors of infants, children
and adults. Potter Drug & Chem. Corp., 131 Columbus Ave M Boston, U. S. A.
indignation, that anybody can be run
in, on any charge that the authorities
choose to select, and —"what are you
going to do about it?"
There is Just one thing the public can
do, which is precisely what all sensible
men do in their own Individual cases
it can refuse to be bullied. It can stop
being afraid of interfering because "it
may get MB into trouble," and it may
make up its mind, once and for all,
that a community may be as rich as
Croesus and as respectable as the
veriest Mrs. Grundy could demand, and
yet remain utterly contemptible as long
as it is afraid of the servants It, by its
own vote, has put in office.
This does not apply to Los Angeles
alone, although it has particular appli
cation here because of the "Good Gov
ernment" brag we have been making
so assertively. All over the country
there is a growing conviction, certified
to by countless publications and articles
In magazines of established reputation,
that the police and the district attor
ney's office, working always hand in
hand, are a law to themselves. That
has to stop, and Los Angeles has a
good opportunity, right here and now,
to stop it, as far as she is concerned.
Ficketta Auto Livery. 246 S. Spring.
Phone Main Tl».
3