davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-03-24
LAWYERS HAVE HOPES.
They Believe That the Pools Must Be
Broken UP One at Time.

Philadelphia, March 24-Railroad
lawyers in this city do not share the
prevailing impression that the decision
of the United States supreme court in
the case of the TransmissOuri Freight
association settles the question of the
legality of the Joint Traffic association
and will compel its dissolution
Several railroad lawyers who have
followed the cases against both the
TransmissOuri and the Joint Traffic as
SOciation while admitting that the de-
ciSiOn as reported seems to be that the
TranSmisSouri association violated the
Sherman antitrust law, holds that the
case was decided on its merits and that
the Joint Traffic association is another
matter involving another agreement
which will have to be passed upon.
one railroad attorney who has care
fully followed both cases said:
The case of the Joint Traffic assO-
citation presents many points of differ
ence from that of the TraSmissouri as
sociatiOn. When the former was or
ganiZed all the points of objection to
the latter were fully and carefully con-
sidered by eminent counsel and were
omitted as far as possible
For the present the Joint Traffic
association must be taken to be upheld
by the courts The Judgment of Judge
Wheeler. which has been affirmed by
Judge Wallace and Judge Lacombe.
sitting in the circuit court of appeals
is. until reversed by the United States
supreme court, the law of that case
The Transmissouri case in many re-
spectS presented other and different
questions Nothing has therefore been
finally decided that will prevent the
Joint Traffic association from being
sustained by the supreme court when
this case is heard
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-03-24
SALINAS DEAD SHERIFF.
The Defaulting officer Last Seen
Alive at Leavenworth.

Kansas City. March 24.-The dead
body of Sheriff Jacob Malmgren of Sa-
lima, now at the undertaking establish
ment of Richard Daniels of this city,
will be taken back to Salina today for
burial.
James Deadman and H. Funk, two
stocknen from Saline county, positive
ly identified the body. They stated that
Mrs Malmgren had just received a let
ter from her husband post marked
Wichita, and from that it was thought
that he was surely at that place. The
letter was almost unintelligible except
the intimation that he had but two
hours more to live.
A dispatch this morning from Leaven-
worth states that Malmgren was put
off a Missouri Pacific train at Fort
Leavenworth last Sunday night as a
tramp.
While wandering about the garrison
he was challenged by the guard, and
not being able to give a clear account
of himself, the corporal of the guard
was called and the intruder p] iced in
the guard house. He told the officers in
charge that he was sheriff of Saline
county. Papers were found on him that
showed his story to be true. He was
escorted to Seventh street and Metro
politan avenue by Private John Daily
and sent a bout his business.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-03-24
PANIC-L|KE.
A Great FurOre Has Seized the
Western Railroads
In Consequence of the Supreme
Court Decision
ON THE SHERMAN LAW
Santa Fe Withdraws From All
Pools and Associations.
Other Western Roads Follow
Its Lead.
GO AS YOU PLEASE.
All Freight Associations Are
Practically Abandoned.
Passenger Agreements Must
Also Fall.
Santa Fe Withdraws From All
Pools and Associations.
Other Western Roads Follow
Its Lead.
GO AS YOU PLEASE.
All Freight Associations Are
Practically Abandoned.
Passenger Agreements Must
Also Fall.

Chicago, March 24.-Every western
freight pool association and combina-
tion having headquarters in Chicago
is apparently in a condition approach
ing dissolution, as a result of the decis-
ion of the federal supreme court, de-
claring all such pools to be in violation
of the Sherman antitrust act.
one railroad, the A, T. & s F., has
taken quick action and served notice of
withdrawal from the freight Organtza-
tions of which it has been a member
These are: Western Freight asSocia-
ton Southwestern Traffic association,
Colorado Freight association, Trans
continental Freight committee, Trans
Missouri Rate committee. Seaboard
Rate committee, general eastern agents
of the western roads in New York and
other sea board points.
All these associations have been prac-
tically abandoned Besides the Santa
Fe, the Burlington, Minneapolis and st.
Louis Wisconsin Central, Chicago Great
Western and several others are said to
have already forwarded notice of with
drawal
No notice of Withdrawal from the
Western Passenger association, or 9TH
er passenger organizations of the west,
has yet been given There is hardly
doubt. however, that these also will
have to go by the board.
Chairman Morrison of the Interstate
Commerce commission has rendered an
opinion that the Trans Missouri Freight
association case applies to the passenger
as we'll as the freight associations of
every character
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-03-24
TELEPHONE POLE A PRISON.
Two Men Ara Imprisoned by High
Water for Two Hours.

Omaha: March 24.--The. river shows a
rise OF but six inches for the day. 1t
nightfall. A special from Sioux City this
morning says the river there shows a
fall of two feet, believed to be on ac-
count of gorges formed above. The big
Sioux river is rising again. Mrs. Max
sey. who lived a short distance above
Sioux City was drowned The Big Sioux
river had surrounded her house and she
attempted to escape.
A special to the Bee from Sioux Falls,
s. D., says: The Big Sioux at six p m.
was 16 inches lower than the same hour
yesterday which was high water mark
since 1881 but seven feet below the mark
of that year. The Milwaukee railroad Of
ficials arrived at noon with dynamite to
blow out the big gorge which holds fast
above the town. Two men started in
boat across the bottoms to fix a telephone
wire, an ice foe crushed the boat like an
egg shell and the men drifted 600 feet.
They fastened themselves to a telephone
pole with climbers and were rescued two
hours later nearly frozen. Water on the
bottoms is 10 feet deep in places. Much
unthreshed grain on the bottoms is ruin
cd
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-03-24

were in Kansas City. and, as its name
indicates, it embraced all railways west
of the Missouri river. 1t did not in fact
do this for the southern lines through
in the extreme north like the Central
Pacific and Northern Pacific, were not
included. But this association did en-
brace all the lines handling freight
through the gateways of st. Louis,
Kansas City and Omaha and the west
bound freight that did not pass through
those points was embraced in some
other association.
When Mr. Ady sought to dissolve
the association he was imp.endiately
confronted by such eminent lawyers as
George r. Peck, A. L. Williams and
John F. Dillon.
All these men combined to win this
case and have lost it. On the other
side, the government was represented
since by Attorney General Harmon and
his assistants, Mr.. Whitney and Mr..
Maxwell The case was argued in the
supreme court December and last
by Mr.. Dillon, Mr.. Carter, Mr.. Harmon
and Mr.. Whitney
When Mr.. Ady brought the suit he
based 1t on the act of July 2, 1890. enti-
tied AN act to protect trade and COM
merce against unlawful restraints and
wYOvrssatolaGY xzfififfh vbgkq ar
monopolies," commonly known as the
Sherman antitrust act. He attacked
the agreement between the Is railroad
companies, under which the transmits
souri, freight association was establish
ed. as creating an organization and
combinatio in restraint on trade and
as being an attempt to mOnOpOlize a
portion Of the trade and commerce
among the several states. The case
was heard in the circuit court at Tope-
ka before Judge Riner of Wyoming sit
ting in place of Judge Foster, judge of
the Kansas district. Judge Riner de-
cided for the association and dismissed
the bill.
The government appealed to the cir
cult court and the appeal was heard
before Circuit Judge Sanborn and Dis
trict Judges Shiras and Thayer at St.
Paul. Judge Sanborn and Judge Thay-
er decided for the association again,
but Judge Shiras dissented. Again the
government appealed to the supreme
court, and now has its reward for the
long hard fight.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-03-24

a careful and painStaking examination
of this bill do not hesitate to declare
it the most unconscionable effort at
legislative robbery ever attempted up
on a people. Neither the great fire of
Chicago, of Boston, nor the fearful
flood that now devastates the south
land could begin to compare with 1T as
a calamity.
Mr.. Chairman, this bill not only car
ries higher rates of duty than the pres
ent law, and higher rates than the Nc
Kinley bill. but higher than any law
ever passed by an American congress
or groaned under by an American peo-
pie.
''The claims that the increased burden
is on luxuries is not sustained by the
facts. Are coarse shawls and knit goods
luxuries? Are wool hats and overcoats
urban age luxuries? And 1 beg with all
Difference to ask whether in the state OF
rarity that it is classed with the luxur-
les? 1 ask him when among Americans
became luxury, when watch chains be
came luxury to the farmer? Not only
is the bill itself a higher, but the diff
ferent schedules average above those of
The reciprocity clause is remarkable
for the fact that it puts into the hands of
the president absolutely the power to
impose taxes and remit taxes at plea
sure. He can impose them this month
remit them the next He can do so with
out convening congress, or consulting 1T.
The taxing power is thereby surrendered
by congress-its constitutional repository
to an executive who was never clothed
with such power by any statute framed
by those who adopted the constitution.
The reciprocity clause is effort to
iSlation which this same bill proposes to
enact. If reports be true, it is more than
likely that some safety valve will be
needed for already France, Canada and
other governments are preparing to re-
sist this assault on commerce.
THE increase according to their own
showing makes this bill more than one
sixth higher than the Mckinley law
1t is not inappropriate to remark in this
connection that the increase in taxes can
not increase wealth. Burdens are not
riches and cannot be coined into cash.
How absurd the contention that high tax
alton and great prosperity go hand in
hand
In conclusion he said: 81 beg the gen.
tlernen on the otherside to remember
that the victory obtained last fall was
obtained by such an expenditure of money
such exertion of bulldozing and force
and such q prostitution of elections as
They must not take such a verdict as the
established and irrevocable will of the
American people. 1 beg them to remem-
ber that purchased verdict cannot stand
The Democratic party has suffered de-
feat before and by stern adherence to
ed power and administered government.
Let US now and here resolve anew that
the principles of Jefferson, Jackson and of
Polk shall be the principles of the Demo-
cratic party, now they have been in the
past and sure the day succeeds the
store the government to the constitutional
mOoringS from which it has been wreSted
by such mal-legiSlation as that which is
being forced upon us today.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-03-24
ANNEXATION OR DEATH
Is the Answer of the Cretan Insur-
gents to the Powers

Athens, March PA dispatch from
Canea says that the insurgent comman-
der-in-chief at Akrotiri this morning
referred the proposal of the powers to
grant autonomy to Crete to the various
leaders of the insurgent forces, who had
assembled from different parts of the
island. The Cretan leaders unani-
mously declared that only two issues
were possible-the annexation of the
island of Crete to Greece, or fighting
until death ends the struggle for the
union.
Constantinople, March PA special
trade was issued by the sultan this
morning calling out for active service
A battalions of the reserves of the sec
ond army corps and also summoning to
the colors the whole of the contingent
of 1897.
London, March PA dispatch to the
Daily Chronicle from Canea, at mid
night, says the transport ship Clyde,
with the British contingent of occupy
ing troops, has arrived and will land
them today wednesday,. The procla-
nation of blockade consists of seven
articles.
The Daily Chronicle prints a rumor
that Lord Salisbury and the cabinet
discussed yesterday the sultan's ac-
Greece to nominate Prince George as
high commissioner of Crete. The
Chronicle prints also another lobby ru-
NOR to the effect that Great Britain has
declined to be a party to the starving
of innocent Cretans in the interior of
the island and report that British
ships intend to run the blockade con-
tending that it is indefensible under in
ternational laws inasmuch as neither
Turkey nor Greece has openly declared
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-03-24
VICTORY FOR JOE ADY.
History of the Case Decided at Wash
ington, Monday

In January. 1892, J. w. Ady, then Uni
ted States district attorney for Kansas,
brought this suit in the United States
court to dissolve the associa ticr- This
transmissouri association was one of
the first of the traffic associa tions as at
present managed, and the abiding con-
viction that it was gigantic trust
against the people has at last found
confirmation in the highest tribunal in
the world.
ROADS IN THE COMBINE.
1t was composed of the following rail-
ways:
Santa Fe.
Missouri, Kansas & Texas.
Chicago, Kansas & Nebraska.
Rock Island.
Chicago, st. Paul, Minneapolis &
Omaha
Burlington in Nebraska.
Rio Grande.
Rio Grande Western
Denver, Texas & Fort Worth.
Elkhorn & Missouri Valley
Memphis Route
st. Joseph & Council Bluffs
Missouri Pacific.
Sioux City & Pacific
St Joseph & Grand Island.
Frisco Route.
Union Pacific.
Utah Central
The headquarters of this association
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-03-24
OTHER ROADS TO FOLLOW.
Rock Island and Milwaukee Expected
to Go Out of Association.

Chicago, March 24.-It is regarded as
almost certain that the action on the
part of the Burlington road in with
drawing from the traffic associations,
coming after the withdrawal of the
Santa Fe system, will be followed at
once by nearly all the western roads.
The Rock Island and Milwaukee and
St. Paul roads are expected to with
draw before night.
This, of course, means the disruption
of the associations, but will not neces-
sarily result in a decentralization of
rates In fact the Burlington has ap-
pointed Chairman Caldwell of the West
ern Passenger association to handle its
mileage tickets and to issue clergymen
permits, which is regarded as a first
step towards reorganization of the
Western Passenger association, al
though necessarily on different lines.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-03-24
ADMIRALs THREATEN.
But Little Attention is Paid to Their
Threats

Canea. March 24-Turkish sentries pre-
vent the christians from travelling the
looted quarter, but this does not pre-
vent other pillagers from doing So
The foreign admiralS have Issued
insurgents and Greek troops must not
attack the Turkish fortifications, which
they claim needed to maintain
curity and quiet at Kassamer, Suda.
Alaxa, Retimo, Gambia and Hyrepatra,
where foreign troops have been landed:
otherwise, the admirals say they will em>
ploy force.
1t is not considered likely that this
proclama tion will have much effect in
view of the declaration of the insurgents
that they will shed the last drop of their
blood to secure the union of Crete with
Greece.
Except at the points occupied by the
powers in this island, anarchy and the
famine are feared.
The French transport Auvergne has ar
rived at Suda bay with 400 marines on
board.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-03-24
TO VIEW THE FLOOD.
Mississippi River Commission Start
On a Tour.

St. Louis. March 24.-The members of
the Mississippi river commission set out
for New Orleans today on board the
government boat, the Mississippi. to in
spect the government work from Cairo
to New Orleans.
1t is the regular annual tour of in
spection but is being made earlier this
year on account of the heavy floods.
The members of the commission on
board were Col. Geo. L. Gillespie, New
York city, president: Hon -Robt. s Tay-
lor. Ft Wayne, Ind: Henry Flad, St
Louis; Lieut.. Col. Amos Stickney, ST.
Louis; Maj. Thos. H. Handbury, st.
Louis; Henry L. Marindin, assistant
u S c. and G. surveys; Capt. H. z.
Waterman, secretary, st. Louis.
The commissioners expect to be gone
about ten days or two weeks, and are
prepared to have any necessary eIner-
gency work done at a moments mo-
tice.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-03-24
BANK HAD SLOW PAPER.
The Dekalb Co., Mo, Bank Failed to
Open Today.

st. Louis. March PA special to the
Post Dispatch from Marysville Mo-. says:
The doors of the Dekalb county bank
failed to open this morning. A notice is
posted on them saying that the bank is
in the hands of the secretary of state
State Bank Examiner Gordon Jones is
in charge. The action was taken by the
board of directors a a late meeting last
night after thoroughly canvassing the
condition with the bank examiner. 1t was
thought that the depositors and credi-
tors would be best protected by this ac-
tiOn, the bank holds some slow paper
and a large amount of real estate. Its
business for the past year has been un-
satisfactory. both to it's managers and
the state authorities, Its actual condition
cannot be learned. but the directors feel
confident that every depositor will be
paid in full
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-03-24
ALL AT SEA.
Attorneys of the Western Roads
Talk on the Decision.

Chicago. March 24-The attorneys of
the western roads who are now in the
city are not ready to do much talking
about the Transmissouri decision.
Mr. Low, who is very near the Rock
Island throne, says the decision will
BRING about a chaotic condition of af-
lars in the railroad world, unless some
plan be adopted whereby the railroad
con companies can come to an understand
ing IN regard to rates. No such plan
has as yet suggested itself to him
1he decision is most sweeping in its
erect, leaving very little ground for
the railroads to stand on Mr.. Low
said. Any agreement for uniformity
in rates, it seems, would be in violation
of the law l do not care to express
myself fully about the probable effect
of the decision, because I have not seen
the full text of it, but the brief report
of 1t in the newspapers and from other
sources is not encouraging to the rail-
roads,
Continuing. Mr.. Low said: 1.-THE
TranSmiSsOuri Freight aSSOcia ton was
one of the mildest organizations of the
kind in the country. 1t was dissolved
by the railroads because of its weak
ness If the railroads violated the law
when they operated under the rules of
that association, it is difficult to say
what KIND of an arrangement they
could make which would be in conform
1ty with the statute. To perform the
duties which they owe to the public
and to themselves, the railroads must
work according to a system. If each
road is forced to go it alone, there will
be a readjustment of rates. the rail-
roads and the public will suffer alike
and chaos will follow"
Mr. Waggener was seen at the depot
as he was leaving for Washington II
am unable to see the end of the Difficult
ties by which we are surrounded" he
said. THE decision has taken the wind
out of our sails. 1 do not care to say
anything about the decision for pub
ucation at this tiIne.''
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-03-24
TURKEY HALTS
In Response to a Protest Made by
Greece.

Athens, March 24.-Advices from
Arta say that as a result of the protest
of Greece, Turkey has stopped the con-
struction of Notifications at Prevesa
al the northern entrance of the Gulf of
Arta, which was contrary TO the stip-
ulatiOnS of the treaty of Berlin
here regarding the numerical strength
of the Turkish troops on the frontier
For instance, one report has it that the
Turks have concentrated 100, 900 troops
on the frontier of Epirus alone. The
report, however, is not believed in mil
itary circles.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-03-24
LEEDY IS PLEASED.
The Governor Thinks Tt Means Jus :
tice for the People.

Kansas City, March 24.-Governor
Leedy of Kansas passed through the
city yesterday en- route home from Port
Arthur. The governor was more than
pleased with the news regarding the
supreme court decision in the transmits
souri, case. In fact, he was elated. He
seemed to think that the people We're
at last to triumph. Things are GER
sentiment is all-powerful, and I think
we are in a fair way to get what we
have so long sought in this western
cOuntrV''
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-03-24
THE MISSOURI is RISING.
Gains Two Feet in "a Hours at
Leavenworth.

Leavenworth, March 24.-For the "a
hours ending at noon today the Mis-
souri, has risen little over two feet
The present guage is 46.1, or 12.8 above
low water mark. The water is now ris-
ing at the rate of half an inch an hour
guage at noon today is 17.2, or rise of
ten feet since March 10, when the first
perceptible rise was noted The dan
ger mark is 21, and it is feared that
this will be reached before many days,
as the water is gradually coming up.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-03-24
What Caused the Flood.

Washington, March Ex-senator Jones
of Arkansas today introduced a reso-
luton providing that the committee on
commerce be directed to inquire and re-
port to what extent the present disas-
trous overflow in the eastern part of
Arkansas is the result of the govern
ment improvements along the eastern
bank of the Mississippi river.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-03-24
SNYDER HOME SOLD.
Bought by George w. Smith, Santa
Fe Master Mechanic.

Phil Bennett has sold the c. J. Snyder
home at 1925 Polk street to George w.
Smith. master mechanic of the Santa Fe
for 81 700. The house was occupied by
Mr.. Snyder. the photographer for several
years but he ordered it sold when he left
Topeka to live in Pittsburg. Pa.
Mr. Smith who purchased the place
believes in Topeka and he has been stead
lily buying property when he found things
to suit him.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-03-24
FITZ AND JIM MEET.
The Meeting Was Cordial But Fitz
Will Not Fight.

San Francisco, March 24.-James J.
Corbett has secured his much wanted
interview with Robert FitzsimmOns.
The two met in the lobby of the hotel
and greeted each other with the utmost
cordiality.
Corbett entreated Fftzsimmons togive
him another chance to retrieve his rep
utation. Fitz reiterated his determina-
ton never to fight again, but finally
promised if he ever re-entered the ring
Corbett should have the first chance.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-03-24
RELATED TO WASHINGTON.
A Woman Kills Herself and Her
Lover in Tenn essee.

NTiddlesboro. KY, March PA special
from Hancock county. Tennessee, states
that Martha Bull, shot and killed her
paramour, Thomas McCrae and then shot
herself.
The Bull woman 90 years ago was a
leader of society in Camden, Va She
claimed to be collaterally related to
Washington.