davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-05-08

means that any one operating or play
ing slot machine is liable for prose-
cution for gambling The case will pro-
badly be appealed to the supreme court.
The case in which the decision was
made was on the application of the
state for a permanent injunction to re-
strain George Burghart from operating
a machine. This was one of 13 similar
cases brought through the efforts of
the Good Citizenship federation, and a
test was made in the Burghart case
In rendering the decision Judge Ha-
zen said:
THE question involved in this case is
whether a slot machine is or is not
gambling device. l don't know as it is
necessary to describe the particular
slot machines which were in use in this
case-you all probably know what they
are. Gaughter.) A slot machine in
general is a contrivance in which you
drop a nickel and if certain things re-
suit you received so cents worth of to-
bacco or cigars; or, you may lose your
nickel and get something. Under other
circumstances you may get 25 cents
worth of tobacco or cigars. There is a
question in the minds of some people
whether this constitutes gambling. But
suppOsing you raise the amount. Sup
pose you drop in a dollar, and if the
chances are most faVOra BILE to you, you
get back ten dollars; or, you lose your
dollar entirely. There is scarcely any
one who would not call that gambling,
and it strikes me that the principle is
the same 1t is impossible for a court
to say that dropping a certain amount
in the machine does not constitute
gambling, while dropping in a larger
amount is gambling. I don't see the
difference between a slot machine and
a wheel of fortune, in principle. You
know what wheels of fortune are-yOu
have seen them at county fairs. The
difference between the two is that in
the wheels of fortune you play your
money on a color instead of placing it
in a slot. The law names wheels of
I01If
name Slot machines. 1t does say, how
ever, all other gambling devices I
think the slot machine is a gambling
device and the injunction will be made
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-05-08
INTO THE COURTS.
Governor of Colorado Threatens to
Take Question Volunteers
Return.

Denver, May S.-Govenor Thomas has
announced that within a few days, if
President Mckinley and the secretary
of war continue to ignore his commune
cations on the subject of the return of
the Colorado regiment from the Philip
pines, he will take steps with a view to
securing the immediate recalling of
the troops.
IT cannot as yet say just what course
I shall follow" he said, t'but 1 will
exhaust every resource at my COM
mand to bring those boys home. I have
tried quiet, peaceable means and have
failed. Now will be obliged to resort
to something more forcible and it will
be made public. OF course I do not de-
sire to take any action that will un-
justly hamper the administration. for L
am an American, but do not propose
to sit idly by and see the volunteers
from Colorado fighting and dying in
the Philippines in defense of the policy
which is actuating those in charge of
the movements of our armies abroad.
In the first place, the volunteer
troops are being detained Illegally and
in defiance of the constitution. They
enlisted for the Spanish war. That war
is over and still they are detained in
those far-off islands.
Under the constitution the Colorado
volunteers will be perfectly justified in
laying down their arms where they are
and in returning to the United States.
If they should do anything like that.
probably they could be cOurt-martialed
and punished under the strict letter of
military rule, but in that event this
same military rule would be placed
above the constitution of our repub-
lie"
1t is regarded as possible that in the
event of the failure of any public at
tempt" which may be made to bring
about the return of the troops, the gov
ernOr will resort to legal proceedings.
If such proves to be the case, the su-
preme court of the United States may
be called upon to decide a test case re-
garding the powers of the president
and that provision of the constitution
relating to the purposes for which vol
unteer soldiers may be called into ser
vice.
WOULD LOSE HIS CASE.
New York. May S.-A Herald special
from Washington says:
1t is possible war department officials
say that the governor of Colorado may
be able to settle the question of the
right of the United States to use the
volunteers in foreign service before the
courts through the medium of habeaS
corpus proceedings.
This might be done on the allegation
that the volunteers are held against
their wishes. War department officials
say it would be easy to prove by the Or
ders which have been issued that all
the volunteers were perfectly free to
ask for and obtain their discharge
when the treaty of peace was signed.
There is no doubt the authorities say
that the governor would lose his case if
brought on this point, but regard ha-
beas corpus proceedings as the only
course open to him
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-05-08
1T DOES LOOK QUEER.
Duke of Cambridge Calls Attention
to Talk of Peace and Increas-
ing Armament

London. May S-The duke of Cam
bridge opened Imre Kiralfys Greater
Britain's exposition at Earl's Court to-
day in the presence of a distinguished
company which included representa-
tives of several colonial governments.
In the course of his speech the duke
of Cambridge emphasized the fact that
he and other members of the royaI
family desire to do everything to
tain and the colonies His grace said
that-ft was singular fact that with all
the talk of peace, all the nations are
going ahead with armaments If the
tending to lessen the burden upon the
people and to insure peace, those sug-
gestionS would be sincerely welcomed
by England. At the same time the
duke of Cambridge said he congratu-
lated his audience on the preparedness
of the country and the undoubted 10y
atty of the colonies.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-05-08
Advertiser special from Hong Kong

Advertiser special from Hong Kong
says:
NJ. Lacson, brother of the loyal presi-
dent of the Island of NegrOs, arrived
here today bearing a letter of introduc-
tion from Gen. Otis. His mission is to
purchase steamers for trade among the
islands under the American ag.
In an interview NJ. Lacson said: 'The
proclamation of the American commits
sioners is entirely satisfactory. 1t gives
us autonomy and greater liberty than
we demanded. We believe that Ameri-
ca will not fool us with treaties as
Spain fooled us.
''Aguinaldo was honest as long as he
was under the influence of Dewey and
Wildman, but he listened to the state
ments of the Hong Kong junta, who are
America traitors.
''Negros wants nothing to do with
A guinaldo's proposed peace conference.
We are as loyal as New York and our
soldiers now march under the American
flag"
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-05-08
ESTIMATE SaO,OOO,OOO.
As the Klondike Output Is Now Said
to Be Below the Mark.

San Francisco, May S.-A letter from
Dawson dated April 8 says:
The Yukon Sun estimates the total
output of the Klondike region for the
winter of 1S9S-99 at 500 100000 1t is
doubtful if this estimate is up to the
mark, which may reach twice that
amount. Notwithstanding the predic-
tions of last fall to the effect that the
Canadian royalty would stop work
more dirt has been taken out this year
on creeks outside of Eldorado and Bon
anza than was taken out in the whole
district last year.
There has been a general exodus to
the creeks, of men seeking work and
the trails where dumps are thickest are
lined with the tents of those seeking
employment during the clean up.
Michael Escherg, who claimed to rep
resent capitalists anxious to invest in
Klondike properties, is accused of de-
frauding several persons by obtaining
money by false pretences. He has been
arrested and turned over to the Cana
dian authorities after an unsuccessful
attempt to rescue him had been made
at Eagle.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-05-08
JAKE ADMIRE'S BOY.
Ran Away From School to Join the
Army.

Guthrie. o. T., May Sell L. Admire,
of Kingfisher, whose appointment as a
second lieutenant in the regular army
was made last week by President Me
Kinley, took to soldiery naturally and
came near being a student at West
Point. He received an appointment
from Delegate Dennis Flynn, but was
unable to pass the physical eXamina-
tion.
J. V. Admire, the young mans father,
sent him to Chicago to be operated up
on for his troubles, and, the operation
proving successful. he left the hospital
much better, physically, than he had
ever been before. He entered a buSi-
ness college in Chicago and his parents
believed he was attending it faithfully
until a few months ago they received
a letter from him pOstmarked at a
Cuban town. They found then that he
had enlisted as a private in Company
C, of the First Illinois, and had been
sent to Cuba with the regiment. The
boy reported his health as good and
said he was pleased with soldier life.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-05-08
IS THERE NO HELP?
Must Life of People Be COntinu-
ally JeOpardized by
Worthless Character!

With a revolver nearly a foot and
half long, of ancient make and As cali
bre dimensions, a hearty jag and un
steady step, Hank Vansciever started
to have the citizens of North Topeka
eVacuate in order that he might rule
unmoleSted.
He started in at the bridge and the
first persons he met were ordered, in
true highwayman style to hold up their
hands. The yawning cavity of the re-
volVer did not look inviting and they
complied and were told to march on.
The man in a drunken frenzy paced
up Kansas avenue f1Ourishing his re-
volver and defying anyone to capture
him. He paid little heed to where he
was going and fell in to an areaway-
When he reached the bottom he was
content to sleep there and when the po-
lice found him he was in a sound slum-
Der. 1t took four men to lift him out
and load him into the patrol wagon and
it was morning before he awoke and
found himself behind the bars. Van
sciever is charged with shooting Chris
Jensen and is out on bail.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-05-08
BE A FARMER.
Bishop Vincent Says Salvation of
Coming Generation Is Respect
For Manual Labor.

Bishop John H. Vincent preached the
baccalaureate sermon to the high school
graduating class Sunday morning at the
First Methodist church.
The class numbers forty eight and does
not graduate until May 26, but the de-
sire of the class was for Bishop Vim
cent to preach the baccalaureate ser
mon and he could not comply at any
other date the sermon was given in ad-
vance. The church was crowded. The
members of the class had seats in front
of the pulpit, and the gay hats of the
girls were in the majority.
Bishop Vincent said he would give lit
tie for person who did not dream and
who consequently had no hopes for fu-
ture greatness. "AII great movements
in this world were first produced by
ina gination," said Bishop Vincent. Ar
fists first imagine their work The
architect first sees the great cathedral
in his dreams. Dreams can not always
be depended upon, but they are very
likely to express dominating forces
What a man is he dreams. Men dream
what they desire and dream what is
within their grasp.
Joseph dreamed he was a leader.
He told his brother and father and they
scorned him. 1t was not polite, but it
was truthful. Joseph was sold into
Egypt to a captain and soon he had
charge of everything. A man who has
the power can rule The king needed a
dreamer and sent for Joseph. When
Joseph stood before the king he told mis-
dreams and Joseph interpreted them
and Pharaoh made him prime minister.
The king bowed before the saver Of
Egypt.
He dreamed what he could do Jo-
seph was sold for twenty pieces of sill
YER Those who bought Joseph did not
know they were buying their king or
they would have paid more"
In speaking of the work the class had
done. he said: You are not at the
mountain top. but at the base. But you
have finished something. L speak to you
out of a full heart, believing that the
picture I have given is worth living. L
wish l could persuade you to go fur
ther up the mountain and take a college
course.
You have a college here, and let me
say that these little country colleges
are perhaps better than the great ones
There has been an undertaking of the
small colleges. The one we have here
is one to be proud of. Some think that
lege education. If you are going to be
a blacksmith or farmer, go to college.
/ find that none in the class intend to be
farmers, but L should be glad if found
fifty We're going to be. If had six
boys who were going to be farmers [
should want all to go through college
If ten boys here get farms and work
them the example will be a Godsend to
the public schools. The salvation OF
the coming generation is fa1th in ana re-
spect for manual labor, the farm and ITS
DEVELOPMENT and mechanical pursuits
Bishop Vincent told the class that
they could be proud of the fact that
thew graduated at the close of the CEN
tury when the republic of which you
are a member was never so poWerfu4
You can be proud that you are from
Kansas Man was made for dominion
Joseph dreamed of it. May God give
you faith in the invisible"
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-05-08
CHICAGO TO KANSAS CITY.
May Irwin Special Breaks the Record
by Forty Minutes.

Kansas City. May S.-May Irwin is
noted for being a record breaker and
when she makes up her mind a thing
can be done she usually brings others
to her way of thinking. However, she
convinced the Alton people in Chica go
that the road was in condition to break
the record between Chicago and Kansas
City, which was IL hours and 20 min
utes-and they did it by 81 minutes,
although they only promised to reach
der the record.
The May Irwin special left Chicago
at II :58 Saturday night. General Su-
perintendent Gray gave it a clear track
and Engineer Barker with old AZ went
out of the depot with as much speed
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-05-08
Judge HaZen Puts a Stop to
Telegraph Suits.
Says There Is No Reason For
Action of Plaintiffs.
LAWYERS REBUKED
Controversy Might Have Been
Settled by One Case.
Injunction Against Men Who
Brought Suits Granted.

The telegraph companies won first
blood in their litigation over the new
rate law passed by the special session
of the Legislature. Judge Hazen today
Overruled the demurrer of the defend
ants in the injunction suits that have
been brought by the companies to stop
the prosecution of the large number of
suits which have been brought before
Justice of the Peace Wright under the
special session law.
Judge Hazen first decided that the
Nebraska freight rate decision in the
United States supreme court applies to
this case. and that the cOnstitutionality
of the special session telegraph law
rests on whether or not the rates estab-
nshed by it are SO low that they are
confiscatory. The principal ground on
which the demurrer was overruled,
however, was the multiplicity of suits
''One plaintiff - said Judge Hazen, had
brought 200 separate suits, all founded
on single transaction, in a Justices
court, when he might have come into
the district court and settled the entire
controversy in single suit.
IF there ever was a case" continued
Judge Hazen, or ever will be a case,
where a court of equity ought to inter-
fere, it is in this one"
Judge Hazen therefore decided that
the multiplicity Of suits brought by the
defendants in the Justices court was
vexatious and oppressive. and that the
telegraph companies had a cause of ac-
ton in applying for an injunction.
There are 542 of these suits filed in
that one court" said Judge Hazen.
and it is alleged that it will take two
days to try each case, which means that
the litigation already filed would last
for more than three years"
The demurrer is sustained so far as
Justice of the Peace Wright is CON
cerned, Judge Hazen holding that there
was no cause of action against ann.
This leaves the way open for the filing
of other suits by other plaintiffs and
other attorneys. if any one wants to try
it, but the telegraph companies can i'm
'mediately make them parties to the in
junction suits which are now pending.
Judge S. H. Allen, representing tie
defendants in the case, asked for twen-
ty days in which to file an answer to
the petition for an injunction, which
was granted The real arguments on
the cOnstitutionality of the law will
come up on the hearing of the ap-
plication for the injunction.
E. D. McKeever is in New York now
to be present when the Western Union
takes depositions in support of its al
legations in the case.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-05-08

that has caused endless discussion. The
story that reads best is that she dress
ed in mems clothes and boarded the
transport as her husbands valet and
that being discovered she was COM
PEELED to leave the boat at Honolulu
and followed on another ship.
But E. H. Funston, father of the
general knocks all the fascination out
of the story by saying that Mrs Fun
ston paid her passage on the transport
and was given permission to accom-
pany her husband by the secretary of
war.
1t matters little how Mrs. Funston
got to Manila or how brief was her
courtship. when she returns to Kansas
she will receive a royal welcome. Kan
saS is anxious to see the little lady who
won the heart of brave Fred Funston.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-05-08
DEWEY WILL COME.
Just as Soon as the War is Over in the
PHILIPPINES.

New York, May S.-A special to the
Herald from Washington says:
There is every reason to believe that
President Mckinley has been advised
that Admiral Dewey cOntemplates
coming home in a short time. His re-
turn will, of course, be dependent upon
the success of the commissions present
negotiations with the F'ilipinos.
AS soon as they have laid down their
arms it is expected that he will pro-
ceed with the protected cruiser Olympia
to the United States, probably through
the Suez canal to New York, and come
Immediately to Washington to consult
with the president regarding the Phil
iDDineS.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-05-08
WALKER TO BE REMOVED.
From Comanche and Kiowa Indian
Agency.

Washington, May SIT is understood
that William Walker, agent of the KiO-
wa and Comanche reservation in Okla
hOma, will be removed during the com
ing week, the result of Investigations
which have convinced the commission
er of Indian affairs that a change is de-
Sirable. 1t is also understood that Tom
Reid, speaker of the Oklahoma house of
representatives., will be appointed to
succeed him. His appointment is look
ed for early this week.
The Anadarko agency is usually en-
veloped in trouble of financial origin.
The grazing leases and agency stores
prove a never ending source of trouble,
Mr.. Walker, like his many predeces-
sors, fell into it and has always been in
trouble. He is we'll known in Oklahoma
and Kansas, having been quite promi-
nent in Harper county for a number of
wears.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-05-08
TRAINING AT YELLVILLE.
Treasurer Grimes Preparing For His
Debut as a Ball PLAYER.

F. E. Grimes, state treasurer, has
gone to Yellville, Ark, and it is an
nounced, upon his authority. at the
treasury department that the treasurer
has gone to invest in some mining pro-
perty there. This is a good bluff and
Mr.. Grimes may buy some land but the
facts are that he is training for the
great base ball game between the state
house and newspaper teams.
He selected Yellviile and the adjacent
piney woods as the most acceptable
place on earth where a man may sue
cessfully qualify himself for the ardu-
Gus duties of principal coacher and
manager of the reconcentrados from
the capitol.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-05-08

Kansas people know little of Mrs.
Frederick Funston. When Col. Fun
cisco the final romance of his life had
not budded and it was with surprise
that his friends read, just before the
regiment sailed for Manila, that he had
been married to Miss Ella Blankhart of
Oakland, Cal. Gen. Funston acted in
selecting a wife just as he always has
and consulted only the dictates of his
own mind-and the young lady.
People say that Miss Blankhart was
a music teacher and that her parents
are not wealthy but she is described as
being a young woman of rare modeSty
and accomplishments and of eIninently
respectable parentage.
Mrs. Funston is with her famous huS-
band. How she got there is a question
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-05-08
Mr.. GAGE IMPROVING.
Recovery Very Slow Owing to Nature
of Disease.

The condition of G.. G. Gage, who was
taken so seriously sick on last Tuesday,
is slightly more favorable this morning.
The Journal is authorized by his fam
lily to state for the information of his
many friends that his ultimate recov-
cry, which there is reason to hope for,
must of necessity be very slow when
the nature of the disease and the vio-
lence of the attack are considered.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-05-08
Not Tardy in 4 Years.

Glen Wycoff, a ten year old boy of
Conway Springs has neither been alb
sent or tardy from his school since the
first day he entered, over four years
ago Miss Blanche Marshall of Spring
Hill district near Conway, has never
missed a day nor been tardy once in
three years.-Wellington Mail
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-05-08
Popplist Ply sician Displaced.

The state board of charities has re-
moved DR.. S. 3. Wilson, physician at
the deaf and dumb school at Olathe
and elected +Dr.H. E. Williamson to fill
the vacancy The board at the meeting
next month will elect the teachers for
the institution.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-05-08

as the city ordinances allow. but when
he reached the open he pulled the throt-
tie and called for more steam. Bloom
ington, 127 miles away, was reached in
154 minutes; a moment for water and
then old AZ was given its head and the
way it left Bloomington made the sta
ton master think it had run away.
out into the night went the special and
not a stop did it make until Roodhouse
was reached, Ill miles from Blooming
ton in 125 minutes.
At Roodhouse Engineer Seward with
engine No. 20, was waiting for the spec
ial. His orders were plain: Clear track
to Slater" There was no misunder-
standing the meaning. Over the bridge
into the darkness sped the special on its
journey to the western metropolis. Sla-
ter was 157 miles away, but Seward
knew what was expected of him, and
he pulled into Slater ahead of time.
where Engineer Mead, with engine PIT,
with an order reading Get to Kansas
City: clear track all the way" was
waiting; and he got there, the 252 miles
between Roodhouse and Kansas City
being covered in $50 minutes. and a new
record for fast running between Chicago
and Kansas City made.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-05-08
IT is GAMBLING.
Slot Machines Are Under Ban Of
the Law.
Playing For Cigars No Longer
Innocent Amusement.
INJUNCTION GRANTED.
Case May Be Taken to Supreme
Court.
INJUNCTION GRANTED.
"Plainly a Gambling Device %
Says the Judge.

The slot machines must go. Judge
Hazen officially decided today that
they are gambling devices within the
meaning of the Cubbison antigam-
bling law, and he granted a permanent
Injunction against their running. This
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-05-08
Weather Indications.

Chicago, May S.-For Kansas-Fair
tonight; partly cloudy Tuesday; varia-
BILE winds.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-05-08
AS LOYAL AS NEW YORK.

Statement of the President of Negros
Island.