davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-08
CUBBISON'S DISCOVERY
Is Absolutely Ridiculous, Says Judge
Webb-The Late Legislature
was Legal
e the Editor 81 the state Journal:

To the Editor of the State Journal:
The Capital of today credits the Hon.
J. K CubbiSOn of WyandOLte with as
serting that the legislature of 1897 was
illegal, and that all its acts are void,
because the quinquennial apportion-
ment for legislative districts required
by the constitution to be made in 1896
was not then made. This is a fearful
responsibility to cast on Ex-Governor
Morrill, for refusing to perform a plain
constitutional duty. But the failure of
Governor Morrill, to convene the Iegis-
lature in extra session in 1886, that
such apportiOnment might be made,
does not stop the wheels of government.
If it does, Mr.. Cubbison will
make haste to return to the state
treasury all the moneys he drew out
for per diem and mileage as a member
of the house of representatives of 1897,
because, that supposed body being il
legal, he was not legally entitled to
either per diem or mileage, and for
the additional reason that the supposed
appropriation act being void, it was
unlawful to draw the money from the
public treasury.
The Capital further says that if Mr..
Cubbison'S theory is correct every law
enacted by the legislature of 1897 has
no more weight than a set of resOlu-
items passed by an assemblage of citi-
zens voluntarily gathered together"
Yes-but that theory is simply ride
ulOus If the failure to apportion the
state in 1886 renders the legislature of
1897 illegal, then it must follow that
the apportionment required in 1896
could not be made in 1897 nor at any
subsequent time, and that no legal
apportiOnment can be made before the
year 1901, that being the next quin-
QuennfaI period fixed by the constitu-
ton, and of course there can be no
legal session of the legislature before
that time. Nor even then, for the
legislature of 1901 (if there shall be one)
must be chosen under legal apportion-
ment, and there being no apportion-
ment in 1885, and no legal apportion-
ment in 1897 Cif Mr.. Cubbisons theory
is correct), there can be no legal cleo
ton in 1900 for members of the legis-
lature to make an apportiOnment for
1901 It will be seen that Mr. Cubbi-
sons theory is the same old mares
nest" newly discovered
w c. WEBB,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-08
NORTH TOPEKA.

Items Intended for this column should
be left with the Kimbau Printing Co.
morning
Jacob Roller of Menoken was in town
yesterday.
Miss Byrd Watkins will spend Easter
in Kansas City.
J. c. Freeman is spending a few days
with his family.
Miss Sarah Bernstein is visiting
friends in Beatrice, Neb.
The Ladies' Guild met this afternoon
with Mrs. A. A RoWley.
Mrs. John Dilling of Granville, was
in town shopping yesterday.
James Proudft has put in a large
new mirror in his restaurant.
Mr. and Mrs. N. a. Cramer will leave
the first of the week for Kansas City.
: John Thompson and D. F. Hoover of
Silver Lake spent Wednesday in town.
Mr. and Mrs Irwin and family have
moved here from Wakarusa and are
living on Jackson street
Notwithstanding the disagreed BILE
weather there were a goodly mum Der
out last evening to listen to H. G. Lar
liners talk on Napoleon BOnaparte-
S E Blenkarn has no intention of be-
coming a member of the firm of Crom-
we'll & letters. The statement publish
ed by the morning paper was mis-
take.
Mrs. E. P. Baker entertained the A
The next meeting will be Wednesday,
April IS with Mrs. Steinberger of Quin-
cy street.
The first half hour of the prayer
meeting service at the North Congrega-
tional church this evening will be de-
voted to the study of the Sunday
school lesson.
Miss Jessie Alderman, a round the
world w Q. T. U. missionary, will give
a free lecture to ladies on The Women
of Iceland" at the North Topeka Chris
tian church. Friday, April 9, at 3 D. m.
A money loaner, who formerly lived
here, has recently experienced religion
and is now making restitution to those
whom he wrOnged by taking excessive
interest. He lately sent one woman So
with promise of more in the near fu-
ture. Let the coed work go on.
A very pleasant surprise party was
given on Miss Gerta Fisher, Friday
evening, April 2, at her home on jack
son street. Those present were: Misses
Emma Offerman, Myrtle Stump, Lena
Hohnbaum, Lena Buechner, Nellie
Grant, Gusta McLeland, Neva Nurse,
Aessfs- Fred Buechner,, Albert Chesks-
field, James Patterson, Charlie Miller,
Orie Morris, Clifford Fisher, Alpha
Robinson and Eliza Cotton. Refresh
ments were served. Many presents
were bestowed upon the young hostess.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-08
GEO. E. COLE RECOVERING.
His Surgical Operation Has Resulted
Satisfactorily.

Ex-State Auditor George E. Cole who
soon after the expiration of his term OF
Office went to the Santa Fe hospital
and submitted TO two severe operations
for spinal trouble, has been released
from the hospital and is recovering.
Speaking to a Journal reporter today
Mr.. Cole said:
I have had a serious time of it but
now feel that I will soon be entirely
well. I will not be able to get along
without my crutches of course, but
will be very thankful to continue to
use them if recover from the other
difficulties which I have experienced
Mr.. Coles many friends throughout
the state viii be pleased to learn that he
is regaining his health.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-08
GOING AHEAD.
CONTINUED from First Page.1
Philharmonic club.
Ladies' Musical chorus,
Marshall's band.
Mid C0n +ir,a,+ 1@,

Philharmonic club.
Ladies' Musical chorus
MarshaN's band.
Mid-Continent band
Kansas Military band
There are a number of people who
Will band together to give benefits to
the auditorium These viii probably
be given before the Fall Festival
Among them Washburn college stu
dents propose giving Hamlet" Prof.
jackson says he will organize a chorus
of 100 colored singers to render Mes
slah, two amateur minstrel companies
IN Topeka, one white men, the other
colOred, have promised to give benefits,
and no doubt many lodges and clubs
viii assist in raising the big auditor
rum fund The Auditorium Musical
Festival association will work indie
pendently Of any other organization in
the city. The Commercial club is
working we'll and will have practical
means of raising money.
The proposed big fair will be one of
the most original and money making
matters ever held in the United States.
Nothing like it is on record. The au-
ditOrium will be built and paid for.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-08

each quarter. The board has adopted a
resolution requiring all claims to be in at
least one week before the first Monday of
each month.
One of Lincoln J. Carter's sensa tional
meIodramas, The Heart of Chicago
viii be seen at the Crawford Opera house
in this city next Tuesday evening. As is
true of all Mr. Carriers productions, THE
Heart of Chicago depends extensively on
scenic effects. The strongest feature of
the play is the railroad scene, in which
an engine and train are seen to approach
to the footlights apparently from a dis
lance. A section of the great Chicago
fire, and the Masonic Temple roof garden
at night are also shown in the play.
Police Matron Thorpe, in speaking of
the Salvation Army hospital, said; ''Peo-
pie ought to think seriously what it
means to take care of from 10 to Is sick
people-night and day-for nothing-many
OF them the crosseSt and vilest-people
whom no one else Will care fOr-and then
they will surely be willing to help the
Salvation Army hospital a little. The
sacrifice of a few dimes, or dollars is in
significant compared to the sacrifices
made by the army officers in nursing
them and providing for all their needs.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-08

alleged deal is said to have been made.
Speaker Street and Representative
Ward were very anxious to secure the
election of Parks to the place as a. rep
resentative of the Sixth district. On
one Of the ballots towards the close of
the caucus a half dozen of Browns
supporters went to Parks, and about
that number of members who were
pledged to Parks, but had been sup
porting Naugle, went over to Parks,
and on the next ballot returned to
Naugle. The Brown men, however,
went back. Speaker Street. upon a
suggestion of a Seventh district mem
Der that If Parks and Brown could
make some sort Of an agreement Parks
could be elected. went out and got
Parks, Senator Frank Field Of Reno
securing the presence of Brown.
Parks. Brown and Field then went
into a quiet place in the hall adjoining
the Senate chamber and the two candi-
dates it is said, there made the agree
rnent by which Brown was to throw
his strength to Parks and Parks was
TO divide the profits of the office
Though some of Browns friends deny
that such a deal was made, the word
was brought back by Field that 1T is
all right" and Parks was nominated.
However. some of Browns friends did
not stand by him en- the final vote, and
Parks pulled through, receiving on the
final vote in joint session exactly the
REQUIRED number to elect and no more
There was another agreement by
which Representative Ward and
Speaker Street and other members of
the legislature from the Sixth district
were to support q Seventh district can
didate for United States senator, but
the mem bers could find no one upon
whom they could unite and the sup
port finally turned to Senator Harris
and the agreement was not carried out.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-08
PROPOSAL FOR A FUND.
A Topeka Citizen Offers a Suggestion
for the Auditorium.

To the Editor of The State Journals:
I respectfully offer the following plan
to the officers and member of the To-
pe1a Commercial club as \ suggestion
for the purpose Of raising part of the
fund necessary to erect an auditorium
in Topeka
A day and date, to be agreed upon
by the Topeka Commercial club, to be
known as Auditorium Day in Topeka,
and set apart for all the merchants,
manufacturers, professions and private
businesses, to donate the profit, less
expense, to said Topeka Commercial
club as part of necessary fund for said
building.
The capitalist, banker, loan company,
hotel man, dry goods dealer, carpet
dealer, clothing dealer, grOceryman,
maker, restaurant man, coal dealer,
cigar dealer and maker, bookseller,
merchant tailor, furniture dealer,
crOckery dealer, preserving works,
packing house, fruit dealer, laundry
man, printing house, paper company,
wall paper dealer, art store, planning
mill, brick manufacturer and dealer,
flour mill, stone mason. bridge con-
tractor, newspaper publisher, wholesale
houses of all kinds, oil works and COM
panies, the physician, surgeon, hOspi-
tai employees, dentist, lawyer, college
professor school teacher, insurance
man. life and fire, fire department en-
ployes, real estate companies, BARRIERS,
plumbers, bIacksmiths, electrical sup
ply stores, painters, sign writers, cleo
trio light companies, pension Office,
pOstoffice, Santa Fe and Rock Island
employees, Santa Fe and Rock Island
shops, telephone and telegraph compa-
mics, foundries, street car company, the
mOtorneer and conductor, the engineer,
fireman, conductor and brakeman who
has headquarters in Topeka, under
takers, architects and ministers, and
others not enumerated above.
One person in each of the several
lines of trade to be appointed by the
Topeka Commercial club to-call on the
rest in his particular line and have
them agree to the above proposition. In
that way there would be one man in
each line interested.
Then when such head of firm, man
ufacturing concern or company could
call his employees before him, state the
proposition to them, tell them that he
had agreed on a certain day and date
to donate the profit of his company,
manufacturing concern or store for
said purpose, and ask all who could
afford it to donate their salary for that
one day I do not believe even the
young ladies would hesitate to give one
days pay in order to give work to
heads of families who have been out
of employment all winter and also to
help along an improvement which the
capital of the state of Kansas needs
Here we have the state, county and
city officials and employees and Santa
F'e men to donate one days pay. In
that way every person would give ac-
cording as he earns.
CHAS F. KNECHT.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-08
WHEN JUDGMENT DAY
Comes We Shall Still be Hearing of
that Bottle of Beer.

John Wilkerson returned yesterday
with ex-POliceman J. c. Johnson.
Wilkerson was interested in the ex-
policeman to the extent of $780, being
WilkersOn signed, and which was de-
clared forfeited to the state in the dis
trict court last Saturday.
johnson was arrested many years go
(some time in 1912 it is be1ieved) along
with ex-Oficer HObsOn for stealing
bottle of Frank Durein'S beer, but left
town before the day on which his case
was set for trial.
His departure occurred several
months ago, and Judge HaZen cOnclud-
ed that he did not mean to visit Topeka
again of his own accord.
Johnson consulted an attorney on his
return yesterday, and after talking the
matter over, decided to plead guilty TO
missioners would allow him to continue
his work in Kansas City and pay his
fine in monthly installments- This the
commissioners were willing to do and
the plea of guilty was entered late
yesterday afternoon. johnson was fined
81 and costs, amounting to about 800,
by Judge Hazen. He returned to Kan
SaS City last night, and will hereafter
send portion of his monthly stipend
to the county commissioners each
month until his fine is paid.
This case is a remarkable one. Two
policemen purlOined bottle of beer
from the cellar of Frank Durein and
drank it. The Offense was a trivial one.
men, a great fuss was made about it.
The case has dragged along for years:
and now it seems johnson is to pay 500
for that one bottle of beer. This is one
of the worst cases of costs outrage on
record. But as long as the people will
stand this system of courts they will
have to endure the consequences It
is the penalty they pay for being con
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-08
TO BE NO ARBOR DAY.
Nobody Pays ANY Attention to the
Day Any More.

Governor Leedy has not issued an
Arbor day proclamation and it is gen
orally believed that he will not do so. A
number of inquiries have been received
at the executive Office concerning this
subject, but there is nothing now to in
dictate that the governor intends to
issue any such proclamation.
The fact that people plant trees
whenever they get ready and do not
pay much attention to Arbor day after
it has been designated as such by the
governor. is probably one of the rea-
sons why the governor does not feel in
clined to take action.
Thus far the subject has received no
consideration from the governor
People are so busy chopping down
trees about this time of year and ruin
ing the appearance of those they do
leave standing, that an arbor day is
honored more in the breach than in the
observance.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-08
A REPUBLICAN WALK OVER
The Party Makes a Clean Sweep in
Rhode Island.

Providence, R. I, April s.-The state
election was the dullest on record. The
Republicans were absolutely sure OF
WaIk-over, and had there been the US
ual response on the part of the electors,
Elisha Dyer's majority would have been
one of the largest ever given a guber-
material candidate AS it was, he has
the largest prOpOrtiOnate plurality ever
received for a candidate for governor
in Rhode Island, estimated at IA 900.
The Republicans have generally elect
ed their candidates to the assembly. In
Westerly there was a fusion between
the Independents, Prohibitionists and
Democrats, but the Republicans carried
the city by 200
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-08
a STATE PRINTER DIvY.
Reported Agreement by Which W.
L. Brown and J. S. Parks Divide

The latest political story in PopuIist
circles IS to the effect that W. L.
Brown OF Kingman and John S. Parks
while candidates for state printer he
Iore the legislature. made an agreement
by which Browns followers Supported
Parks. IN exchange for which Parks
agreed to give Brown one-third of the
ing two years
Brown and Parks were the leaders
In the race, as their combined strength
would have been more than SUFFICIENT
place.
The caucus for the nomination of a
state printer was in progress when the
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-08

The City of Mexico is a delightful
place in winter, but in summer
Why except summer Up in the
clouds several thousand feet, tropical
heat is tempered to an agreeable cool
ness Result: Summer climate is en-
joyable.
The potent charm of people distinc-
lively foreign makes the journey to
Mexico well worth it's cost any day in
the year, and the cost is moderate.
Round trip excursions over the Santa
Fe Route. Free literature describing
Mexico. Address W. J. Black, G. P. A,
a. T. & s. F. Ry., Topeka, Kan.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-08
HIGHT ON .. P. DEAL.
Ellery Anderson Wanted the Govern
ment to Take 100000
and Quit.

Washington, April s.-The attorney
general has sent to the senate copies of
additional correspondence relative to the
agreement made by the government in
the matter of the sale of the Union Pa
cific railroad.
Among the letters and kilograms in
Guided is a. telegram from z. Elery
Anderson, a government director of the
road, to Attorney General Harmon, rec
Ommending the acceptance Of the bid
of S45,O00,0 600 made by the reOrganiza-
ton Committee
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-08
A CHARGE OF MRS. THORPE
Has Another Bad Little Girl to Look
After.

Lizzie Artzer, a 14-year-oId girl who
lives on Klein street near First, was
yesterday taken in charge by Detective
Price and placed in Police Matron
Thorpe's care. She is an incorrigible
girl and this afternoon she will be
taken before Probate Judge Dolman
for sentence to the Beloit industrial
school.
Lizzie Artzer is a good looking young
girl of German descent. She is large
for her age, and plump. Her mother,
some time ago a widow, has remarked,
and the girl did not love her home.
Lately she has been in the habit of
leaving it and associating with women
of bad character. Notwithstanding
warnings from the police, she has con-
tinued to disobey her mothers wishes.
Police Matron Thorpe has known of the
case for a long time and has endeaV-
ored to help the reckless girl. But, find
ing she needed a course in strict disci-
pine she made application to the Be
lott school and yesterday received word
from there that room would be made
for her.
Yesterday she was taken to Mrs.
Thorpe's house where she was locked
in the Jail room which the police
matron has provided at her home at
her own expense.
Mrs. Thorpe gets a salary of $40 a
month. If she is to provide Jail
rooms at her own expense, the Jour
nal suggests that her salary be raised
to at least $50, the pay Of an ordinary
policeman.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-08
az WANTS SINGLE TAX
And Also J. A. Reser to be Made Supt
of Insane Asylum.

P. F. Yearout, editor of the Emporia
Times, a well known and influential
Populist paper, and r. #. Snediker Of
Hartford, the most persistent advocate
of the single tax theory in Kansas, ar
rived yesterday and appeared before the
governor and the members of the state
board of charities seeking the appoint
ment of DR. J. A. Reser of Hartford as
superintendent of the Topeka or Osa-
watomie insane asylum. Mr.. Reser's
preference is the OsawatOnie institution
but he says he will accept, if given an
opportunity, the place at the asylum
in This cftv
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-08
W. G. TODD TO GO BACK
One More Meritorious Appointment
Likely to be Made.

It is reported that Rev W. c. Todd
will be reappointed superintendent Of
the state blind asylum at Kansas City,
Kan. The position was occupied by
Mr.. Todd during Governor LeWelling' 5
term of office and his record was one
which the Republicans did not attempt
to investigate.
If civil service could be established in
Kansas state institutions, Mr.. Todd is
on official who would be unObjection-
able to either political party. UnfOr-
tunately this is something that can be
said of few office holders.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-08
Scott County Bonds.

Attorney General Boyle is preparing
to bring suit to recover interest and
principal on an issue of bonds in Scott
county, amounting to $4,000. This is
the first of a series of suits of like char
acter which the attorney general will
begin, to make good the holdings of the
state school fund.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-08
Wvandotte's New Courts.

Governor Leedy has appointed z. B.
Post and E. L. Fisher judges of the
court in Kansas City, Kan, created by
the last legislature to take the place of
the justice of the peace courts. H F.
Swingley and Representative Frank
Armstrong have been selected as clerks
of the court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-08

If you are going to Kansas City. Chi
cage, st. Louis or other eastern cities
the Union Pacific offers the best serV-
ice and the fastest time. Don't pur-
chase your tickets until you have con-
suited our time card, or make inquiry
regarding rates and through car serY-
ice. T. A LEWIS,
City Ticket Az
J. c. FULTON.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-08
J. c. FULTON,
Depot Agent

When the spring time comes, gentle
Annie like all other sensible persons,
VIII cleanse the liver and renovate the
system with DeWitt's Little Early
Risers, famous little pills for the liver
and stomach all the year round. G. w.
Stansheld, 632 Kansas ave.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-08
Arinn.cooka Communicated

At Washburn, April 10, Finest Lady
Quartette in America THE absolute
accuracy OF time. the clear enunciation,
and perfect harmony, rendered their
singing exceedingly delightful-St-
louis Post DISPATCH
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-08

Shirts. collars and cuffs Iaundered
90 look like new by Peerless Steam
Laundry. 1i2 AID IA West sth. st.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-08
1Tonev is eetting Cheap

/ London, April 8-The Bank of Eng
| lands rate of discount has been reduced
| from 8 per cent to 21z per cent.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-08

Steinberg's orchestra furnished the
music for the second annual opening at
The New Model store Tuesday evening.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-08

Not how cheap but how good IS the
way we try to do our work Peerless
Steam Laundry. 112 and ia West sth.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-08
Two Good Things
''77'' for Grip and Colds.
"1O'' for Dyspepsia.

Sold by druggists or sent on receipt of
% cts, so cts. or 81 Humphreys Med.
Co, Cor. William and John sts., New
York.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-08

Two years ago R. J. Warren. drug
eist. at Pleasant Brook. N Y, bought a
small supply of Chamberlain's Cough
Remedy He sums up the result as fol-
lows: AT that time the goods were
unknown in this section; today Cham
berlain's Cough Remedy is a household
word 1t is the same in hundreds of
communities. Where ever the good
qualities of Chamberlain's Cough Rem
edy become known the people viii have
nothing else For sale by Druggists.
mershalrs Band.
Members will please meet at the band
room Friday evening, April 9Th, for
special rehearsal.
J. B. MARSHALL, Director.