davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-12-28
Appointment of Receivers.

Sec. "a. If after the PRONUNCIATION of any
order or decree of said court. any railroad
company bound thereby shall refuse, or
for thirty days neglect, to comply with
and obey, in good faith, such order or de-
cree. the court may, upon application made
on three days notice to said railroad COM
pany and proof such neglect or refusal.
order sequestration of the whole any
part of the company's property, owned or
leased, and appoint receiver or receivers
to forthwith take possession and charge
of said property designated part of said
such order or decree into effect; and prop
erty so taken shall be operated by such
receiver or receivers, who shall receive all
income therefrOm, until such company
shall furnish security to the satisfaction
of said court for its full decree, whereupon
the accounts of such receiver or receivers
shall be passed upon and the net proceeds
of operating said property shall be paid
to said company and the property re
turned to it.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-12-28
RAILROAD BILL
Which is to Be Submitted to
the Caucus,
Practically the Same as SynOp-
sized Some Days Ago.
ITS FULL PROVISIONS
As 1t VIII Be Placed Before
Legislators.
One Novelty is a Clause Cover
ing Strikes.
lie Bin.

The following is the railroad bill that
vii be reported to the caucus today;
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-12-28
The Burden of Proof.

Sec. 49, When the court proceeds for the
first time to determine what is a reasona-
BILE charge for the given service under con-
sideration, the burden of proof shall rest
on the railroad company to show what is
proceedings to change or modify any
charge the burden of proof shall rest
the party moving to change or modify to
show that the charge allowed by the prior
judgment of the court is unreasonable.
Sec. 20. No schedule of rates, special
contract or agreement promulgated or en-
tered into by any railroad company shall
be receivable in evidence on behalf of such
company as proof tending to show what
is a reasonable charge for any service.
Nor shall the fact that any railroad com
pany has been accustomed to demand or
receive any given rate of compensation
for any service be received as evidence of
the reaSOnableness of such charge or of
the right of the company to demand it.
Sec. p. (This section is in blank. It is
not known whether it was an error in the
to be filled out by the caucus)
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-12-28
Duties of the Solicitor.

Sec. 10. Whenever a complaint or oath
shall be presented to the state solicitor
that any railroad company demands or
collects unreasonable charges, discrimin-
any provisions of law or fails, refuses 70
ground of Complaint for any other cause
over which the court has jurisdiction It
shall be the duty of said solicitor to forth
with file an information in the name of
the state charging the matters set forth
in he
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-12-28
Judgment.

Sec. %. Copies of each judgment, order
or decree determining what are reasonable
freight rates or other charges for trans
portatiOn shall be printed by each rail-
road company affected thereby in plain
legible type and posted in place conven-
lent for the public use in each depot and
station house on the line of its road with
in ten days after service of a certified
copy thereof on such railroad company
Sec. o. Where defendant company
line connects with the line or lines of some
other company or companies in this state
and the Information complains of rates
between points on both lines, such other
company or companies must be joined as
the hearing: judgment and decree shall
include the Joint rates and the apportion-
ment thereof well as the rates on such
connecting line or lines, and all such rates
shall be entered and promulgated and
shall take effect in like maner and time
as prescribed in the next preceding sec
ton
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-12-28
Proceedings in Court.

Sec. IA. Proceedings in said court shall
be instituted by the fling of an informa-
ton in the name of the state
Upon the filing of the information the
clerk shall at once issue a citation to the
defendant and deliver or mail 1t to the
sheriff of the county where it is to be
served. The citation shall be accompanied
by a certified copy of the informatio n;
The sheriff receiving such citation and
copy shall without delay serve the same
manner as a summons in a civil action IN
the district court is served and shall
make due return of service thereon, tax
ing thereon his lawful fees for serving a
summons; which return shall be made by
delivering or mailing to the clerk The
citation shall require the defendant to
answer the informa ton within twenty
days from the day of service. Reply, if
any shall be filed within twenty-five days
from the same day of service.
At the expira ton of the twenty-five days
from the date of service of the citation as
shown by the return the clerk shall,
whether an answer has been filed or not.
enter the same on the trial docket for the
first Monday of the next succeeding
month; and 1t shall be thereafter subject
to call for trial or disposition in its or
der on the docket but because of its su-
periOr public Importance, or other suff-
cient reason, the court may advance any
case to hearing and determination out Of
its order on the trial docket.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-12-28
Privileges of CompIainants.

Sec. Is The complainant upon whose
application to the state solicitor or to the
court an information is filed, shall be
the proceedings on behalf of the state: and
such counsel shall be recognized and treat
ed by the state solicitor and by the court
as counsel for the state equally with the
state solicitor.
Sec. Is. Any person, corporation, county,
city or township interested in the result
of any Information or complaint as to the
reasOnableneSs of transportation charges
or any other controversy in said court
shall on application be made a party to
the proceeding.
Sec. II. Any aggrieved person, corpor-
ate, quasi corporate or otherwise, although
not a party to the suit, shall have the
right to enter appearance therein, as re-
latOr, at any time, and on showing the
court that its decree is being violated Sc
cure enforcement thereof.
Sec. IS If upon the hearing of IN
formation alleging the unreasOnableness
of any railroad cOmpany'S rate for the
transportation of any article or schedule
of articles between given points on its
lines within this state, the court shall
deem that such rate or schedule alone
cannot be changed without changing or
revising the entire schedule to such ar
ticleS over the entire line of such com
pany, the court shall order the inforna-
entire schedule before it for consideration;
and shall order the said company to an
sWer such amended information, and shall
as soon as may be proceed thereon, saw
ing all testimony already taken or ad
duced.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-12-28
Appeal to Supreme Court.

Sec 25. Final decree of said court shalt
be renewable by the supreme court on
petition in error, in like manner as judg-
ments of the district court may be re-
viewed and said supreme court may, in
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-12-28

its discretion, and upon such terms as it
may deem reasonable, stay the issuing of
and writ or process to carry such decree
into effect pending such proceeding in
error, but such stay shall not affect the
use, concluSiVeneSS, or eXclusiveneSS of
such decree as evidence in any case or
proceeding. No stay shall be allowed I'M
less the proceedings in error shall be COM
menced IN the supreme court within sixty
days after the PRONUNCIATION of said de-
cree nor shall any proceeding in error to
reverse or modify any decree be CON-
menced after six months from the date of
such PRONUNCIATION.
Sec. &c. No proceedings to review any
Decree judgment or order of the court
shall preclude the opening of the same
during the tendency of the appeal; but
the court on complaint may at any time
proceed to a reconsideration of the matter,
and may take in consideration any further
circumstances not before considered in
connection with evidence on which the
former decision was based, and enter such
warrant
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-12-28
Election in 1900.

Sec p At the election held in the, year
nineteen hundred, three judges shall be
elected whose term of office shall COM
mence on the second Monday of January
IN the following year, who shall hold for
the term of four years.
The terms of the judges thereafter elect
ed shall be four years, until the hrSt cleo
ton of such judges the executive council
shall on the first day of April next ap-
point judges. who shall hold their, office
until their successors are elected and
qualified. Any vacancy shall be filed by
appointment by the governor, said ap-
pOintee to hold until his successor is
elected and qualified.
Sec g. The judges shall appoint a clerk
and stenOgrapher to hold during the
pleasure of the Judges. The .stenOgrapkcr
shall possess the Qualihca tons required
for a stenographer of the district court.
Sec 4. The executive council shall, on
the first day of April next, appoint a state
solicitor. who shall hold office until his
successor is elected and qualified His
successor shall be elected by the voters of
the state at the general election in nine
teen hundred. for d regular term of Of
flee, which shall be four years 1t shall be
lis duty 10 appear and represent the state
in all actions and proceedings before the
court of visitation TO which the state is a
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-12-28
The Courts Powers.

power and jurisdiction throughout the
l To try and determine all questions as
TO what are reasonable freight rates,
switching and demurrage charges and
other charges connected with the trans
portation Of property between points in
> To apportion charges between con-
Meeting roads. and determine all questions
relating TO charges for the use of cars and
9. To classify freight.
4. To appOrtIon transportation charges
.. To require the construction and main
stockyards, and other facilities for the
public cOnveniences.
g. To compel reasonable and impartial
train and car service for all patrons of the
{. To regulate crossings and intersec-
tons OF railroads and regulate the opera
ton OF trains over them
3 To prescribe rules concerning the
moVement OF trains to secure the safety
OF the employees and the public.
g. To require the use of improved appli-
ances and methods to avoid accidents and
10 To restrict railroad corporations to
operations within their charter powers,
prevent their oppressive exercise, and com
pei Inc performance OF all other duties re-
equity, in any case or matter before it.
such 1uries to be selected as may be di-
QUALIFICATIONS, except as to locality. re-
quired by law for jurors in the district
T. Such other and further powers as
may be conferred on it by law.
AS to Jurisdiction.
Sec. s. In all matters within its jurfsdic-
1ion said court shall possess full common
law and equity power. It may issue every
appropriate writ and process to compel the
attendance of parties and witnesses; the
production of records, books, papers, and
documents to compel witnesses TO testify,
TO execute its judgments, DEGREES and or
oers including WritS of injunction and
mandamus and the appointment of receiv-
ers TO carry its judgments into effect. 1t
shall have the same power to punish for
contempt as district courts now have and
may exercise il in the same manner, and
10 cause the attendance of jury when
ever required in the exercise of such
power.
Sec. g Said court shall have power to
prescribe and establish rules for its gov
eminent and for the regulation of practice
therein, and may appoint masters. ref
erees or receivers in causes or proceedings
before it. may prescribe and issue final
process and may, generally, exercise such
powers as may be necessary to carry into
effect the powers conferred upon it. 1t
shall have power to prescribe, from time
to time. in any manner not inconsistent
with the laws of this state. the modes of
framing and filing proceedings and plead
tngs, of proceeding to obtain relief, os
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-12-28
The Court PIeadings.

Sec. u. The pleadings in said court shall
be a complaint in the name of the state
as plaintiff. to be styled an information
setting forth concisely the cause OF com
and general relief; the answer cOnfessing
or denying the allegations OF the informa-
ton COnfeSSing some and denying
others, setting forth any new. matter the
defendant may deem itself entitled to have
considered; and the reply confessing or
denying such new matter.
No other pleadings shall be required,
nor shall technical rules of pleading be
applied; but said pleadings may, by leave
at any time as to bring the matters in
controversy fairly before the court for
hearing and consideration.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-12-28

Silver Leaf Nince Meat makes the
best pies, ask your dealer for it.
OTTO KUEHNE & CO.,
Manufacturers.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-12-28
Pay of Officers.

Sec. 8. Each judge of said court shall
receive a salary of of twenty-five hundred
dollars per year. The state solicitor shall
receive a salary of twenty-five hundred
dollars per year. The clerk of said court
shall receive a salary of twelve hundred
dollars per year The stenOgrapher shall
receive salary of seven hundred and
fifty dollars per year and such fees as
are now prescribed by law for stenogra-
pliers of district courts
Sec. 6 The court shall sit at its rooms
IN the state house, and may for good
cause sit in any other place in the state,
and shall be deemed in perpetual session
for sle transaction of business.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-12-28

drawing up, entering and promulgatin
orders and DEGREES, of proceedings before
masters or referees, and generally to regu-
late the practice to be used in said court,
where special provision is not made or
Sec. To- It shall be the duty of every
sheriff to whom any process or order of
said court shall be directed or delivered to
serve and execute the same without delay
and make due and speedy return thereof,
and said court shall have the same power
over and as to said officers required 70
serve its processes or orders as district
courts have over and as to Sheriffs-
Sec II. The said court may on special
occasions when necessity shall require,
appoint a marshal who shall have power
to serve processes and shall perform such
other duties as may be required of him
by the court or enjoined by law He
shall take the usual oath of office and
court. His compensation shall be such
as the court may prescribe or allow-
The court may also appoint a ba1l1tIy " no
shall receive two dollars per day for the
time actually served; Compensation for
the marshal and the bailin shall be certi-
fed to the state auditor by the court.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-07-07
AK|NLEy ASKS THE COUNTRY TOGIE THANKS

Washington. July s.-President Mckin-
ley at u:40 tonight Issued the following
proclamation 70 The American people:
To the People OF The United States OF
America:
Al thistims. when 20 the yet fresh re-
membrance OF the unprecedented success
which attended the Operations Of the
United States feet IN tbs bay OF Manila
on the first day of May last. are added
the tidings OF no less glorious achieve
ments OF the naval and military arms CT
our beloved country AZ Santiago Ge Cuba
it is fitting that We should pause and.
staying the feeling Of evultation that too
naturally attends grea deeds wrought BY
our oountrylnAn n our country's cause.
should reverenuy bow before the throne
of Divine Grace and give dsvout praise
TO God, who holdeth the nations n the
hollow OF His hands and worketh upon
them the development OF his will. and
hath thus far vouchsafed TO Us ohe hight
OF His face and led our brave soldiers
and sear1en 10 victory.
I. therefore. ask the people Of the Unit
ed States. upon next assembling for d.
vine worship in their respective places
of meeting. TO offer Thanksgiving 20
Almighty God, who, tn His inserutabIe
ways. now leading our hosts upon the
waters to unscathed trtnmphs; now guild
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-07-07

Ing them IN a strange land through the
dread shadows Of death to success. even
though at a fearful oos1; now bearing
them without accident OF less to far dis
tant chimes. has watched over our cause
and brought nearer the success OF TIE
right and the attainment of jus, and hon
orahls peace. With the nations thanks
let there ba mingled the nations prayers
mat our gallant sons may be shielded
from harm alike or The bsttiehslds ana
In the clash OF lees and be spared The
soourge OF suffering and disease while
they are striving 70 uphold their coGn-
trv's honor: and vital. let the nations
heart be stiued with the holy awe at me
thought q the noble men who have per-
tshsd as heroes die. and be filed WIN
c1rapa ssionate sympathy for all those
VINO suffer bereavement or endure SICK
ness. wounds aud bonds. by reason 81 me
awful struggle And above all LEI us
pray with earnest fervor teat He ms
Dispenser OF all Good. NAV speedily re-
move from u the ua,olc Affections Of war
and bring 70 our dear land the blessings
Of restored peace and 20 all The doTaain
now ravaged BY The cruel stIsfe the price
less boon OF security szrd tranquility.
WILLIAM MkINLEY.
Executives Mansion. Washington. d. CO
July s. 1888
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-07-07
DIVIDED BETWEEN SAMPSON and SCHLEY

Washington, July s.-Mr. Pe;tigrew Of
South Dakota offered the following reso-
buttons. rendering the thanks OF congress
TO Commodore Schley for destYying all Of
Admiral Cervera's squadron. and asked
that it be referred 10 the committee on
naval affairs:
Resolved, That the thanks OF congress
and the American people are hereby ten
dered 10 Commodore Winfield 5. Schley.
Of the United States naval forces operat-
ing against the Spanish forces in Cuban
waters. for highly distinguished conduct
In conflict with the enemy. as displayed
by him in the destruction of the Span
ish feet off the harbor OF Santiago de
Cuba. July 8. 1898.
THAT the thanks Of congress and the
American people are hereby extended
through Commodore schley 10 the officers
and men under his command for the gal
lantry and skill Exhibited by them on that
occasion.
THAT the president of the United
States be requested 10 cause this resolu-
ton to be communicated 10 Commodore
Schley, and through him 10 the officers
and men under mis- command
Commenting upon the resolutions, Mr.
Pettigrew said the impression had been
conveyed to the public that mot Com
modore Schley, but another man." had
achieved the great success.
81 know" declared he. that We shall be
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-07-07

obliged 20 remove that Impression oy
absolute proof % the contrary. All the
accounts OF the battle agree that Com
modore Schlsy was n command % the
vessels OF our fleet he pursued the last
OF the Spanish vessels sixty miles. ana
personally BROS Il 70 an end the most
regnarka bic naval duel ever fought.
Mr.. stewart OF Nevada thought Admiral
Sampson had been unfortunate in the
wording OF his Official announcement II
,he victory and n not giving In that
dispatch the credit due 20 Commodore
sch!ey. He thought tt had been due 70
Schley that the credit be given bin BY
Sampson. but he believed the latter would
vet do justice 20 the commodore.
Mr. Hale expressed great confidence IN
the character and ability OF both Admiral
Sampson and Commodore Schley. and
sa,d the conduct and achievements Of
Srhley during The historic battle had been
most admirable. He fels assured that tho
little agitation concerning the oticer eess
entitled 20 credit which was now dis
turbing some minds. would disappear N
the FUN light OF the facts. There Was.
he said. glory enough FOR all In the de-
str,iction of Cervera's fleet. and be had no
doubt II would be properly distributed
Mr.. Allen OF Nebraska thought at ieast
n few davis delay ought 20 ciapse before
action was taken upon the resolution. and
II was referred to tins naval committees
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-07-07
BEASTLY, BUTCHERLY MURDER
Nothing Too Fiendish For Italian
scum and French Riff-raT,

Halifax. July 6.-Some of the scenes en-
acted on board La Boursogns Just after
the collision were terrible to witness
Men fought for positions in the boats
like maniacs. Women were forced back
and tramped by men who made self-pres-
walton the first object. On board were
large number of the lower class of Ital-
ians and other foreigners, who in their
frenzy stopped at nothing that promised
safety for themselves, In a boat was
party of forty women, but so great was
the panic that not a hand was raised TO
assist in its launching. The occupants so
near saved were drowned like rats in
trap when the ship, with an awful Kissing
sound, went down. SO desperate was the
situation that an italian passenger drew
his knife and made for one who, ike him.
self. was endeavoring to reach the boats.
Immediately his action was initiated in
every direction. Knives were fiourished
and used with effect. Women and chill
dren were driven back to inevitable
death at the point Of weapons. the own
ers Of which were experts In their use.
According TO stories OF survivors women
were stabbed like so many sheep.
STILL WORSE ON THE WATER.
The scene on the water was even worse.
Many of the unfortunates who were
struggling in the water attempted to drag
themselves into the boats or on RATS.
These were pushed back into watery
grave. Here. too, knives were used free
". Not all of the dead met death by
drowning. Christopher Brunon saw q SAIL
or belonging 70 the la BoursoCne strike
a passenger over the head with bar
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-07-07
SCHOOL LAND MONEY
Nearly $4,000 For the Half
Year Ending June 80.
WHEN IT is APPORTI0NED
Will Be 20 Cents Per Capita,
School, Population.

Guthrie, o. T. July s.-(S2ecial)-The
receipts at the school land office for the
six months ending Juns 30. amount TO
sS5, gos2 which will be credited 20 the
different funds Of the territory as fol-
lows:
Common school fund, sc, 324 q; college
fund, $39I43S; public building fund.
So. s69.7; Greer county. section 13. Sss4.34;
Greer county, section 80. SS18ls. Total,
So. S1"s2
UndJc the act of congress attaching
Greer county TO Oklahoma no provision is
made for the disposition Of the money
derived from The rental Of sections 18 and
50 except such as the future state OF Ok
lahoTna may make, consequently Secre-
tary FMson will hold the money coming
from this source until the school land
board or the legislature acts upon the
matter.
The seni"annual appOrtionment Of the
school money among the different coun-
ties Will probably not be made until Aud
itor Hopkins return from Washington.
The apportionmeDt will be a fraction over
29 cents for each child between the ages
Of and q In the territory, on basis
Of $1,000 school population. AT laseSsuly's
apponionmene the per capita was 20 cents
on the basis Of school population of
S., 900.
The heaviest business Of the school land
department is transacted during the clos
ing months of the year when the notes
OF the lessees mature. In the last six
months OF the year 1887 the receipts
amounted to considerably more than $780,
900 and it is safe 70 predict as large. II
not larger receipts TOR the same period
this year.