davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal., 1899-12-04
INJUNCTION REFUSED.
Judge Hazen Will Not Interfere in
Use of Ralston Trade Marx.

Judge Hazen today refused the appd-
cation of the IopeKa Milling company
for temporary injunction restraining
the RalstOn Yeast company from sell
ing packages of pancake flour with the
word "RalstOn" on them. In refusing
the injunction Judge Hazen took oc-
casiOn to express his opinion Of afff-
davits.
In this case there are great many
conflicting affidavits," said the judge,
especially with reference to the use of
deception by the defendants in selling
its goods. There were a large number
of afhdaVitS on this point Some of them
were introduced by the plaintiff to
prove that the deception had been used
in the sale of the defendants goods, and
the same parties made affidavits that
deception had not been used. Under
those circumstances the court does not
feel justified in granting this applica-
tion for a temporary injunction"
Judge Hazen read several authorities
refused when the testimony was con-
f1icting, and continuing on the subject
of afffdavits he said
'Affidavits are very unsatisfactory.
Almost anything can be proven by affi-
davits. I don't know why / is so, but
that has been my experience"
The case is one in which the Topeka
Milling company asks for $4,000 dam
ages from the RaIston Yeast company
for infringement of its copyright on the
word "Ralston" on packages of pan
cake flour, and asked for an injunction
preventing further infringement. The
case will come up on its merits on the
hearing for a permanent injunction.
The Topeka state journal., 1899-12-04
sHELDON'S DAILY PAPER.
Famous Topeka Minister Says He
Hopes to See His Ideas Adopted
Som

Although nothing has been recently
heard of the Christian newspaper pro-
posed by Rev. Charles NJ Sheldon Of
this city at the Epworth League con-
VentiOn in Detroit last summer. the
author of I'm His Steps has by no
means given up the idea Mr.. Sheldon
says he does not feel inclined to take
up the work of launching the paper
himself but is confident that his sug-
gestion viii bear fruit in the near fu-
ture.
I receive CORRESPONDENCE almost
continuously from newspaper men all
over the country in reference to the
paper" said Mr.. Sheldon today ''and
1 firmly believe that some one viii take
up the idea and establish it. 1 should
be glad to offer suggestions when that
time comes. but as l am not a newspa-
per man I do not feel that i should
be identified with it. The paper would
be different from other papers only in
the manner of presenting news All
the news would be printed, but it would
be given to the public in a different
style from that Of the newspapers of
TODAY -
The Topeka state journal., 1899-12-04
GROCERS ARE THANKED.
Topeka Association Contributed $50
to Paris Exposition Fund.

The following is an extract from a
letter just received by Mr.. William
DransfieId, secretary of the GrOcers'
and Butchers association of the city,
from Mr.. Robert Mitchell Floyd of Bos-
ton. treasurer of the International Con-
gress of GrOcers. at Paris 1900: We
hasten to acknowledge the receipt of
$50 from the Kansas State Retail Gro
GERS association. under date Of Novem-
Der y. We have deposited the amount
in the National ShaWnut bank. Boston,
to the credit of International Congress
Grocers' treasurer. Kansas always
stands ready to do her duty"
This amount of money was voted to
the international GrOcers' Congress, a
short time ago, to help defray the ex-
penses of the part which the associa-
ton viii take in the Paris exposition in
1900 The grocers all over the United
States and in some of foreign countries
are contributing to this fund, and by
this means it is hoped to raise sufficient
money to defray all expenses which
NAV arise.
The Topeka state journal., 1899-12-04

illness, Mr.. Hayward was unable to be
present.
BY direction of the chair, the new
senators were then presented at the
secretary's desk where the oath of Of
flee was administered to them by the
president pro TEN.
Accompanied, each by his colleague,
the new SenOtOrS in cOterleS of four were
presented to the presiding officer and
received the oath which made them
formally members of the body. Those
who took the oath were Senators Al
drlch, CR- I)i BeVeridge Qnd-); Bur
rows CMich); Clark CdOntD; Clark
CWyO) ;CockreH CAIoD ;CuIbersOn CTex-); /;
Daniel CVa); Davis (Minn); Depew IN.
"; Foster CWashnD; Hale (Maine);
Hanna (Ohio); Hawley Comm; Kean
IN. j.; Lodge (AIass): McCOmaS (Hd-) +;
McCumber On. d.; Money (Miss.) Proc
tor INt) ;Quarles CWis) Scott CIV. Va0;
Stewart CNev.) and TaliaferrO CFla).
After the administration of the oath
a roll call showed the presence of IS
members
Mr.Cullom Oll) offered the usual res
Olution that the secretary of the senate
inform the house of representatives
that it was ready to proceed to busi-
ness.
Mr.. Carter (Montana) presented
memorial and protest against the seat
ing of Senator elect Clark of Montana.
and also petition from the governor
and other prominent citizens of Mon
tana, asking for an early hearing of the
protest against Mr.. Clark The entire
matter was referred to the committee
on privileges and elections.
Mr. Sewel IN. j. then announced the
death of vice President Hobart, and
offered the following resolution:
Resolved. That the senate has re-
ceived with deepest regret, information
of the death of Garret Augustus
Hobart late vice president of the Unit
ed States.
Resolved, That the business of the
senate be suspended in order that the
distinguished public services of the de-
ceased and the virtues of his private
character may be httingly cOmmemor-
ated.
Resolved. That the secretary of the
senate be instructed to communicate
these resolutions to the house OF rep
resentatives."
Mr.. Seweu announced that at some
suitable future date ne would call up
the resolutions, when an opportunity
would be afforded senators to pay their
tributes to the late vice president.
Mr.. Kean, of New Jersey. then at
u :33 p. m, moved as a further mark
of respect that the senate adjourn. and
amid a deep silence, the chair declared
the motion carried.
The Topeka state journal., 1899-12-04
Collision Between Passenger
Trains on the ID. & r. G..
Accident Occurs at English
Switch Near SaIids.
THE DENVER EXPRESS
Crashes Into the Pullman Of a
Narrow Gauge.
c. B. & Q. Passenger Agent
Matthews Among the Dead.

Denver, Colo, Dec. A rear end col
lision occurred between two passenger
trains on the Denver & Rio Grande
railroad this morning in which six per
sons were killed outright and several
others were severely injured.
The accident happened at English
switch. about six miles east Of Salida,
at a. m. The killed are:
c. E. OSGOOD. Denver.
H. r. MATTHEW'S. Denver.
PETER BARNES, Denver
MRS. GEORGE PORTER, Grand
Junction, Colo.
A P. JOHNSTON. OberIin, o.
ONE UNKNOWN MAN.
Seriously injured:
George w. Pierce. Denver.
Thomas NJ. German, Denver.
A. NJ. Johnston, Oberlin. O.
Train No ., the narrow gauge train
for Grand Junction, Durango and New
Mexico points, which LEFT Denver last
night, had been tagged at that switch
and had stopped, owing To an Obstruc-
ton at a bridge. Standard gauge train
No. 10 for GlenWOOd Springs was fol-
lowing and falling to get signal To
slow up, plunged into the rear of the
narrow gauge sleeper for Durango
which was filled with passengers. The
Pullman was thoroughly splintered up
and the coach ahead was also wrecked
Those killed and injured were in these
cars.
Mr.. c. z. Osgood who was killed.
was an elder brother of Mr.. J. C. Os-
good, president and general manager OF
the Colorado Fuel & Iron company, and
was cashier in the employ of that com
pany. Mr.. H. r Matthews another OF
those killed, was travelling passenger
agent Of the Chicago, Burlington &
Quincy railroad.
At the offices of the Denver & Rio
Grande railroad in this city it was said
that a brakeman was sent back TO
signal the second train, but that the
light in his lantern became eXtinguish-
ed and he was therefore unable TO stop
the train.
The Topeka state journal., 1899-12-04

tried to furnish the court with good
men, and the motion to Quash is over
ruled
Mr. Madden then entered plea of
not guilty for the defense, and the
court ordered a jury impaneled, begin
ming with the regular panel, and when
that was exhausted calling on the spec
ial Venire.
The first u men called to make up
the jury were J. W. Thompson. James
Harris, NJ. S. Nullin, J. H Hous, John
Shaffer, Dennis Thompson. J. M Ma
son, J. 7. Harris. J. S Wear, J. c.
Bower, Geo-W. Smith, and H. w. Boo
ker-
The empaneling of the jury will pro-
badly require the entire afternoon and
may not be completed until tomorrow.
The Topeka state journal., 1899-12-04
ANOTHER MAIL COLLECTOR
Topeka People Are Writing Many
More Letters

The amount of outgoing night mail
from Topeka has SO greatly increased
as to necessitate the employment of an
addition collector for Kansas avenue to
bring in the evening mail. The increase
has been largely in the mail of whole
sale dealers.
For the west bound night trains the
letters have to be in the Office by $50
O'Clock. Heretofore there has been on
" one collector to cover Kansas ave
nue. after 6 o'clock, and he is no longer
able to do all the collecting in time for
the west bound trains. When POstmas-
ter Guthrie was in washington short
time ago he gained permission from the
department to appoint another coliec-
tor to gather the evening mail along
Kansas avenue William J. Nuzum was
appointed, and he began work last
N.aaLE
The Topeka state journal., 1899-12-04
COLDEST OF THE SEASON.
From Zero to 10 Below in States
North of Kansas

Washington, Dec. 4-The weather
bureau issues the following special bull
letin:
The coolest weather of the season is
reported this morning in the western
states with temperature from zero to
10 degrees below zero from northwest
ern Iowa, over western Minnesota and
the Dakotas and snow throughout the
states of the Ohio valley and the lake
region. The lowest temperature of the
season viii be experienced tonight in
the middle Atlantic states, with min
imum about 20 degrees and heavy frost
will occur tonight to the gulf and South
Atlantic coast lines.
Tuesday win be cold and fair east
of the Mississippi, after which the
weather will moderate over the eastern
half of the country
The Topeka state journal., 1899-12-04

custom, the oldest member Of the house
in point of service. Mr.. Harmer of
Pennsylvania, administered the oath to
the speaker. The speaker then an
nOunced that the oath would be admin
istered to the members by states. AS
the names of the members were called,
they appeared at the bar~in groups of
about a dozen and there, with raised
hands, were sworn in by the speaker.
When the name of Brigham H Rob
erts was reached in the house roll call,
the Utah member-elect proceeded along
to the area in front of the speakers
desk and awaited the administration
of the oath. At the same time Repre-
sentative Taylor of Ohio secured TecOg-
milton and amidst breathless interest
protested against the swearing in of
Roberts on the ground of his being
pOlygamist and not a properly natur-
allied American citizen.
Mr.. Taylor spoke calmly and dispas-
sionately.
Mr.. Roberts stood gazing intently at
him and not once moved a muscle
throughout the protest
Representative McRea of Arkansas,
followed with a protest from the Demo-
cratic side, saying this issue was one
involving the sacredness of the Ameri-
can home, a sentiment that brought an
outburSt of applause
Speaker Henderson then addressed
Roberts saying:
viii the gentleman stand aside un-
til the roll call is completed?"
Mr. Roberts assented with the state
ment thaU IN SO DONG ne waved none
of his rights.
I can assure the gentleman" an
swered the speaker. that he valves
none of his rights by this course
Mr. Roberts then resumed his seat
and the roll call proceeded
1t was agreed by unanimous consent
that the consideration of the resOlu-
tiOns should go over till tomorrow. after
the reading of the presidents message.
The swearing in of the remaining
members was then concluded.
The officers of the house. Clerk Nc
DOweu of Pennsylvania. Sergeant-at-
Arms Casen of Wisconsin. Doorkeeper
eileen of New York and Postmaster Nc
ElrOy of Ohio were elected.
The usual resolutions to inform the
president and the senate that the house
was organized were adopted.
A committee consisting of Messrs.
Payne of New York. Cannon of Illinois
and Richardson of Tennessee was ap-
pointed to wait on the president with
a similar committee from the senate
THE ROBERTS RESOLUTION
Washington. Dec. 4-The following IS
the text of Representative TaylOr's res
olution for the appointment Of a special
committee to investigate the RObert3
case:
Whereas. It is charged that Brig
ham H Roberts. d representatives elect
to the Fifty sixth congress from the
(Continued on Sixth Page)
The Topeka state journal., 1899-12-04
Red dueed Rate Granted.

Secretary Coburn of the state board
of agriculture has received notice that
an open round trip rate of one and
one-third fare has been made on all
railroads in Kansas for the twenty
ninth annual meeting of the Kansas
state board of agriculture in Topeka
January 10. II and L. The rate Will
also be applicable to those attending
the annual meetings during the same
week of the Kansas improved stock
breeders, the state poultry exhibition
and the state temperance union These
excursion tickets viii be sold January
to y inclusive, and limited for return
January 15.
The Topeka state journal., 1899-12-04
has q GOOD RECORD.
S E Yoeman Has Been Prominent
In Chase County.

s E. Yeoman, the defendant in the
murder case which began in the dis
trict court today, is one of the Oldest
settlers of Chase county. and has been
prominent in that county for the past
25 or 80 years. He was one of the pub
fishers of the first newspaper in the
county, the Chase County Banner,
which he started in 1870 in company
with Frank Smith Smith was after
wards elected sheriff of the county. and
YeOman was his deputy.
Mr.. Yeoman was also associated with
Sam Wood, who was prominent in
Kansas politics up to the time he was
killed in Stevens county a few years
ago He was also connected with the
Peoples Bank at ElmdaIe' for a time,
and was the Democratic candidate for
clerk of Chase county, but as the
county was Republican at that time
he was defeated.
The people of Chase county appeared
to have 50 much faith in him that when
it was known there that he needed peo-
pie to go on his bond for $4,000 several
persons wired their services to him and
it is said that he could have given
three times $4,000 bond without trou-
BILE.
The Topeka state journal., 1899-12-04
CONGRESS MEETS
Crowd at the Opening Is Larg-
er Than Usual.
Caused by Unusual Interest In
Roberts Case.
CAPITOL is PACKED.
People FIJI Corridors, ROtunda
and Galleries.
Steady Stream of Humanity
Poured In All Morning.

Washington, Dec. 4-The opening of
the Fifty-sixth congress at noon today
attracted that widespread attention
which always attaches to the annual
assembling of the national law makers
There was added interest in the event
this year, for the many far-reachlng
questions awaiting consideration gave
unusual Importance to the return of
congress. Aside from this the Roberts
case introduced a phase which prom
The Topeka state journal., 1899-12-04
A BLOW AT TRUSTS.
Struck by Justice Peckham of
the Supreme Court.

Washington, Dec. 4.-In the United
States supreme court today the Addy-
stone Pipe case was decided. This case
involved the constitutionality of the
combination of pipe manufacturers to
manufacture pipe which it was charged
was a trust. The decision was handed
down by Justice Peckham and was ad-
verse to the combination. 1t was there
fore in opposition to the trust.
The opinion of the court of appeals
for the sixth circuit was affirmed.
The Topeka state journal., 1899-12-04
AFTERNOON SESSION.

AS soon as court was opened this af-
ternoon County Attorney Jetmore ask
ed leave to introduce the testimony of
County Clerk Wright that the name of
every juror on the panel appears on the
assessment roll for 1898
Mr.. Doran objected to any such pro-
cedure but the court ruled that it was
perfectly proper. and time was given
Mr. Jetmore to get an affidavit to that
effect signed by Mr.. Wright. After the
affidavit was presented Mr. Madden
again objected to its Introduction as
evidence. but the objection was over
ruled
IN deciding the motion to quash the
regular panel, Judge Hazen said that
according to the decisions of the sl-
preme court it was not technically nee
essary to go through with the form
specified by the statutes.
T was pleased the testimony of the
trustees" !" said Judge Hazen. in select
ing the jury list. It showed that they
The Topeka state journal., 1899-12-04
DEATHS AND FUNERALS.

John Henderson. aged 66 years. died this
burn. He came to this country from Scot
land II years ago. He leaves a ferniIy Of
nine children. The funeral viii take
place Wednesday at o'clock from the
residence.
John III Johnson, aged 49. died Sunday
evening at his home 1916 West street The
funeral viii be Wednesday afternoon from
the house.
Jno. Kneisler and his bartender. under
the name of John Doe were arrested Sat
urday afternoon for selling liquor in the
third story of Crawford's opera house.
They we're released on 500 bond.
The Topeka state journal., 1899-12-04

Chicago, Dee 4.-For Kansas: Fair
tonight and Tuesday; rising tempera-
ture Tuesday; variable winds.
The Topeka state journal., 1899-12-04

Continued on Sixth Page.3
The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1899-09-18
Housekeebeys' NeaOs.
Lessons in
Drawn Work

This will be a very interest
ing announcement to the
"Big Stores" public. On Mon
day morning beginning at
half-past nine o'clock and
from then until five in the
afternoon, there will be in
attendance here, a teacher
who will give lessons in drawn
work.
The charge for each lesson
will be Ioc.
And only two are necessary
to master the art Of getting
the exquisite thread effects.
The object to be worked will
be a handkerchief which it is
expected will be purchased
here together with a spool Of
thread.
The only other accessories
are a lead pencil, needles and
a pen knife.
The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1899-09-18
High water to-day, 1852 a. m.
School shoes at Howarth Bros.

High water to-day, 1852 a. m.
School shoes at Howarth Bros.
Mrs H. p Hoadley of 3O4 Grown
street has returned from Birmingham
Lake Lewis, N. Y.
Mozart lodge, N. E. o. p, of this city,
paid fraternal visit to Schiller lodge
of Bridgeport Saturday evening.
DR.. c. B. Tiley has gone to New
Brunswick for a two weeks hunting
trip. He expects to be home about the
first of October
The Stationary Engineers will have a
series of seventy-six questions cover
ing mechanical engineering which they
will debate upon during the winter for
mutual Improvement.
Rev. DR. Munger occupied the pulpit
at the United church yesterday morn
ing, having returned to the city from
his vacation journey. His sermon was
regarding personal devotion. DR.. Mum
ger returns in excellent health
There We're many callers at the Union
League clubs quarters Saturday even
ing to view the new decorations and
embellishments of the club rooms,
which are very handsome. Many young
republican club members were among
the visitors.
Henry I. HILL the expert public &C.
countant, will open an office in the
First National bank building on or be-
fore October /. Mr.. Hill has just fin
ished some investigations for parties
out of town which have occupied him
part of the summer.
A number of taxpayers met Saturday
night in the rooms of the New Haven
chamber of commerce, $50 Chapel
street and took preliminary steps to
organize an association under the name
of the Taxpayers Protective association.
They will invite all taxpayers ito at
tend a general meeting to be held in the
near future.
The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1899-09-18
Busy Basement Bnstle.
Dinner Ware

The dinner ware offering
has this to commend it. The
sets are not only exclusive in
pattern and prettiness, but
they are moreover, complete,
fresh and new. No odd lots,
broken or cracked pieces.
Semi porcelain under glaze
print with gold lines, tull
size, new shapes. New shade
of green and very handsome.
112 pieces at $3.50.
The newest ideas are
shown in twelve exclusive and
handsomely decorated dinner
sets in selni-porcelain. The
decorations are in pink, green,
and purple floral designs,
gold traced and dainty shapes,
choice of twelve sets, no two
alike, for $I2.47. These
pieces can be matched at any
time.
The hest Carlsbad china
dinner set ever sold is a II2
piece set for 5000. If you
break a piece we can match 1t
again. A tea set in the same
ware, So pieces, at $40.
Broad guaged reductions
in Basset china. This is the
thin, transparent china, so de.
servedly popular. One set
shows the Morning Glory in
pink, all under-glaze. Edges
are figured. A handsome set,
indeed. The regular price is
5000. Going at $1,000.
Same ware, but with the
bouquet decoration and green
leaves. Regular price, $29.4o;
for this sale, $1,000.
The Delmarvia is one Of
the most popular patterns.
Comes with a blue lowered
edge that sets off prettily the
other attractive features of
the ware. 1I2 pieces, 81 2.4o
The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1899-09-18

NEW lDvEMvIsEMENTs T0-DAY

NEW ADYEHIISEMENTs O-DAY
Autumn Dress Stuffs-Chas. Monson Co.
auction Sale-R. b. Mallory.
Auction Sale-141 Orange Street
Auction Sale-10s Dixwel Avenue
Cigars-Johnson & Brother.
Gut Glass-C. j. Monson Jr & Co.
Committee on Ordinances-Mee
Educa tion-Mrs. and Miss Cady
For Weddings-The J. Il. Bassett & Co.
For Rent-Rooms-255 Crown Street.
For Saie-PanO-5 Gilbert Avenue
Grand-A Lions Heart
Gorton's Fish Cakes-S. S. Adams.
Grape Nuts-At Grocers
Hyperion reiawney of the Wells.
lmportant-E. Mcintyre & Co.
koal-W. f. Gilbert.
Lost-Bull Terriel-9S Meadow Street.
monographs MACEDONIAN Cycle Co.
Ranges-Brown a. Durham.
Sreamers-American and Red Star Lines.
The Store Brightens--Howe Il Stetson.
Tailor Made Costumes-Edw. Malley Co.
Wake up. H. G. Durant.
Wanted-Stuation-1 James Street.
Wanted-Furnlshed HOuse-Box 243.
Wanted-Situation- Orange Street
Wanted-Situations-5 Court Street.
The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1899-09-18
The Dewey
Cream Jug

The pretty, the appropriate
and the patriotic thing. Por-
trait Of Dewey, pictures Of
the Olympia and flags-brand
new and up to the minute.
Going at 29c.
The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1899-09-18
Metallic BedSteadS

These are SO popular and
we have SOLD SO many humid
reds that the object Of this
years buying was to make
the biggest showing in
metallic beds on record.
Furniture men from other
cities tell us that it is the
most complete in all New
England. That sounds big. "
But the big Store" does not
use bombast in its news, The
beds themselves prove the
fact.
The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1899-09-18
u L4dI.H ELS RECORD.
Agricultural Department,

y Agricultural Department,
Office of the Chief of the Weather Bureau,
Washington, d. c., Sept. II, 1899, 8 p m.
Forecast for Monday
For New England: Fair Monday; Tuesday
Showers; cooler in the western portions;
fresh south to west winds,
For Eastern New York: Fair Monday;
Tuesday showers, cooler in northern portion;
fresh south to west winds.
The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1899-09-18

If the Baby is Cutting Teeth.
Ra SIRE and use that old and well-trled rem
edy. Mrs. Winslow's Soothing Syrup, for
children teething 1t soothes the child.
softens the gums, allays all pain, cures
wind collie, and is the best remedy for diar.
rhoea. Twenty-Five cents bottle.
All MWF&W ly
The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1899-09-18
$500 to $500.


There
andP of
andbc
tina other estb S equipped
The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1899-09-18
Have 1t Sent to You.

The Journal and Courier will be sent
10 any address by mail at the same
terms as 1t is delivered in the city-15
cents a week, so cents a month.