davidaulloa/AmericanStories huggingface dataset:
The Conservative, 1901-12-19

perty more perfect and complete.
Now, as q member of the government,
what taxes is he compelled to pay? He
must assist in the support Of q nation-
al and state government because these
make and execute the laws which
afford protection, He must bear his
share in the necessary county expenses
because this organization is but q re-
fined branch of the government, plac-
ing life, liberty and property npon a
more secure and permanent basis, and
bringing protection more perfectly
within his reach. This, then, is the
object of government, and it's support,
the only cause for which the citizen
can legitimately be taxed. u
The Iowa state constitution declares
that all men are by nature free and in
dependent, and have certain inalienable
rights, among which are those of en-
joying and defending life and liberty,
acquiring, possessing and protecting
property If this property is to be held
BY the citizen subject to the vii! of
the maio1i ity, and il, by that majority,
it can be taxed, sold and appropriated
towards building works Of internal
Improvement, where is the enjoyment,
possession and protection guaranteed
by this article of the constitution?
Is man protected in the possession
of his property when public clamor
may at any time demand it for what
a majority may please to call public
purposes? Do the people of Iowa hold
their land by so feeble tenure?
In MY concluding sent
ences [ say, in the examination of this
question, have endeavored to meet
and decide all the points fully and
fairly. have not been insensible of
the weighty consequences suspended
upon the decision of this case. have
endeavored in vain to prevent a deci-
sion which I believe erroneous, and
which must sooner or later be so de-
clared. Counties have voted stock
for railroad purposes from fifty to four
khundred thousand dollars each with
indifference as to payment, which, to
my mind, is most alarming. But few
Of the counties in comparison to the
entire number intrusted have as yet
voted, and it is but a fair deduction,
unless this spirit is soon checked, that
the state will not be less than ten mill
ions of dollars in debt within the next
five years for railroad purposes
alone. The interest upon this enor-
NOUS sum will not be less than seven
nunureu CnOuShnu collars per annum,
all of which must be raised by direct
tax upon the people. In these times
Of feverish excitement, when the pub
lie mind is jostled off from it's true
balance, when public and private econ
ony, as we'll as natural justice, are
| lost sight of in the olamor for public
improvements, would it not be we'll
to pause, to refer back to first princi-
pies and reflect upon consequences
which involve a sacrifice of consti+u-
tional rights, loss of private property
and all utter perversion of county and
city organization.
I will now quote from the opinion
Of the late Justice Miller of the
United States supreme court, delivered
at the December term, 1868, in the.
case of Gelpcke v. City of DUBUQUE,
The Conservative, 1901-12-19
THE TAKING POWER.

1fihf shAAkg fdr ypnr Find letter Of
the 2fst uik This is the second time
you have complimented in we'll cfios-
ed words and with cordial sincerity,
the judicial opinion 1 had the honor
to deliver many years ago as one of
the Judges of the supreme court of the
state of Iowa, in the case of Dubuque
county ". Dubuque 81 Pacific Railroad
Company. Your first letter written
from Washington, February 81, 1886,
highly complimentary, esteem as a
valuable contribution, and shall cher
ish it as an unbiased endorsement of a
dissenting opinion on question de-
livered without precedent at the time,
and in violent opposition to public
sentiment. Later this opinion of mine
was confirmed by Justice Miller of
the United States supreme court, and
also by the supreme court of Iowa.
The question before the supreme
court of the state which led to the
opinion you so earnestly commend was,
whether under the then constitution
and laws of Iowa q majority of the
voters could, at an election held for
that purpose, tax the people by yot-i
ing bonds to build railroad. A ma
jority of the court, Williams and
Greene, decided that the people could
be SO taxed and affirmed the Judgment
of the court below by which $500, 600
voted to build the road was declared
10 be legal.
From this decision I dissented, and
wrote out at some length my opinion
which is found i'll the 4th VOL, Page 6,
of G. Greene Iowa Supreme Court Re-
ports. This decision covers ten pages
and a half and, as the question was a
new one before the courts, and as ]
had taken position in opposition to
my brother judges and in defiance of q
public clamor which prevailed all over
the state for voting bonds, it was pre-,
pared with some care. ! discussed all
the questions to the best Of my ability
and without the aid of authorities or
even the argument Of counsel. The
opinion of majority of the court was
not on file at the time, which was q
source Of much embarrassment, be,
ing at loss TO know the points on
which the court relied to sustain a
Judgment, to my mind erroneous. The
question, as l have stated, was new
TO the court and the books were barren
Of authorities, In the enunciation of
my views l was in the position you
have so graphically mentioned in this
yolr late letter---"the father-the
Adam Of the race Of thoughts inimical
TO corporate greed and antagonistic to
the misuse of the taxing power of the
government.
The Conservative, 1901-12-19

Che decision OF the court legaiiztnG
the bonds, subsequent events have
proved that the collection Of the inter.
estsas it became due, has entailed great
suffering. as property was sold at pub
Tic suction, and in some. instances
families were dispossessed of their
homes ON Judgments rendered and exs
ecutions issued i'll aid of these collec-
tions.
But outside of the constitutional
question involved in the case, as
sumed a higher ground-that voting
such tax was i'll violation of the civil
and political rights of the citizen,
and could not be properly levied, as
such tax was in no sense in aid of the
support of the government for which
taxes alone should be levied. At the
risk of wearying you. will give you
some extracts from the opinion.
Taxation is an arbitrary power.
1t is high prerogative. 1t is an ele-
ment of sovereignty. It can only be
levied by express law or the. will of
the monarch.
"It is based upon public necessity,
and proceeds upon the ground that it
is essential to the public welfare and
safety. 1t should only be resorted to
when required for this purpose. Un-
less confined within it's legitimate
sphere, it will become despotic and
subyersive of those liberties which it
was ordained to protect. 1t is insid-
ious and demands constant watching
or under the assumed name of public
good, general prosperity, ETC., it will
invade and destroy the rights of the
people. 1t is that power which the
mother country attempted to exercise
over the infant colonies, and which
met with such signal rebuke from
the stern men of those days, who
taught the world that they knew we'll
how to discriminate between the right-s
full and oppressive exercises of this
power and it we'll becomes our gov
ernment to prevent it's exercise for any
other purpose than support, defense
and security. 1t is rule necessary
to the existence of society that many
Of our natural rights must be surrend-
cred for the public good. In exchange
for these, we obtain protection to life
and liberty, security in acquiring,
possessing and enjoying property.
Members Of this society are bound
to contribute their proportion of the
expense in sustaining an Organization
which affords these great blessings.
For the great object Of protection, na-
tional, state, county and city organi.
cations are established. With wise
national constitution, clearly defining
the rights of the several states, and
planting important land marks in the.
cause Of civil and religious liberty,
with our state constitution embracing
principles applicable to the situation,
and promotive Of the happiness of the
people; these constitute the founda-
the citizen the right to look to ascer-
tain the extent Of the rights yielded
and acquired by his membership.
| Here he finds that the object of gov
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-01-15
WILL TRY ONCE MORE.
Temperance Committee Unde-
cided About Choice For
Mayor.

The COMMITTEES OF 200 will meet again
tomorrow night and an effort will be
made to endorse a candidate for mayor.
At present the friends of J. W. F.
Hughes and Charles H. Nettles are try
ing to land the endorsement for their
favorite. Those who seem to know
think that Mr.. NettIes has the advan-
tage and will receive the endorsement
j. S. Warner, who IS also candidate
for mayor, is favored by some members
Of the committee, but is not really now
being considered by the committee a.
he has SO far refused TO make any
pledges whatever, voted against Stanl
with the majority of the council, ana
does not desire to be the candidate OF
8 faction Mr. Warner says. Il do not
intend to make any pledges or prom
ises- I am content to stand as am, on
my record IN city and business affa1rS
and for the best interests OF Topeka, as
I have acted in the past and expect TO
act in the future"
There has ben some talk OF W. F.
Weber running, but he is not understood
to be a candidate.
The liberal element" Is also at sea
as to a candidate to support. That ele-
ment is not favorable, particularly, to
any candidate yet named and IS hoping
to bring out another man. L. $. Doll
man is being talked of by the liberals
but is not anxious to run If brought out
by that faction
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-01-15
HOW IHEY Will WORK.
Commercial Club Committees
Appointed Today.

President Frost. the newly elected presf-
dent Of the SommerciaI Club mas appo '.ll,,
for the coming year Inc BOARD 81 ,ul-
rectors was called together this morning
at II o'clock. when the list of committees
as appointed by Mr. Frost was formally
confirmed. The list follows;
VIM Schfck Chas. Wolff. a. Fassler, f.
It. Metzler, Geo. D. Hosfeld. J. G. Bauer,
F. f. Wear, John Sargent, Herbert Hack
anufactures-Robert Pierce, chairman.
John f. McAfee, r. a. Beck, w. NJ
Forbes. Chas- $. Eagle, Geo P. McEn-
tire. z. G. Arnold. VIM MOeser, N Snat-
finger. W. W. Gavitt, John z. Moon, J.
man: Warren NJ. Crosby vi. VI Mills.
James c.. Smith. D P. Paxton, P w
Barnum, Frank. P; Edison. H. NJ Steele,
p. j. Rees, A. A. Robinson-
D. w AIulvane Dell Keller, Chas- P.
Adams. J. F. Acdanus. c. A. Fellows.
Dr; 5; G. SteWarS q g. GoiGngsl Fl s,-, y.
-Arbitration.AIi Michael Heery, chairman;
c. J. Devlin, Robert Stone. Geo. Klein,
a c Heating, H G. Lang, c E. Pierson,
a. II Henry n A. T. Waggonera n b
State and national leEisla tion-James A.
Troutman; chairman: z. F. Carver, c. s
Gleed. A A GODDARD, John W. Breiden-
thai. c. J. Evans. A. c. Babize, Joab Null
yane, s. #. Howe. w. G. Stephenson, A. p.
Jetmore, A. w. Dana j. B. Belts
chairman; w A s. Bird, w f. Weber
burg. r. B. KepIey. John NJ. wright. II.
T.. Hall, "A. T. Redden, VIM Afacferran.
w IT, Rossington, P. l. Wise, ,. r. Null
vane. l. NJ Penwell, John Dudley.
Immigration-D. II. Scott chairman: 2.
z. Roudebush, S. s. OFT. Geo. B. Payne.
Geo. NJ. Hammel, II. s. Montgomery, w.
w. Manspeaker. II. Fl. Embry. F. T.. Pea
cock. G. G. Burton, Geo. Burghart, John
Guthrie, F. c. Maegly, A Ahlstron.
Agricuiture-Peter Hell, chairman; Por-
ter S. Cook, w. s. Clancy, Louis Van
Dorp, J. ID. Sullivan. f. r. Bacon, A. J.
Ewart, j. W. Nash. A. Hirbour, Fred 3.
Chase, F. H Webster, J. c. Gordon, Joe
Griley, J. NJ. Knight
Auditing-W. NJ. Forbes. chairman; Chas.
s Elliott, J. F. Lyle, l. s. Woolverton,
r.. HI. Moore, Geo. WI. Stansfield A. E.
Hickerson, Chas. II. Mathews. C. d.
Welch. J. B. Hayden, ". T. Beerbohrn
Morgan.
Entartainment-E f. Crosby, chairman;
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-01-15
LOCAL MENTION.

Edward Grafstrom. Santa Fe mechan-
ical engineer, was in Kansas City this
morning
J. e. German, general freight agent
for the Santa Fe, passed through here
today on his way to Denver.
NJ. A Low, general attorney for the
Rock Island, is able to be at his Office
again after two weeks illness.
Miss Fannie Funk of sos Taylor street
Is slowly recovering from an attack Of
scarlet fever.
The Chicago limited due in Topeka
a little after midnight did not get in
until about 1880 this morning
Today was pay day with the Santa Fe.
The Missouri Pacific will pay its en-
ployes tomorrow. The Rock Island paid
last week
John Player, superintendent Of ma
chinery for the Santa Fe, left this after
noon in a special car for California. His
family accompanied him.
The clerks in the clerk OF the supreme
courts Office are very busy filing away
the records OF the courts of appeal which
were received today Six boxes contain
ing the records have been received and
as many more will be sent here
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-01-15
&1.39 $3.50 S1.75 S2.25
Up to So. so each.
DRAWERS.

We are showing the best garment in
the city at 25c-so people tell US who
have shopped. Made OF good muslin,
yoke band inch. cambria ruff1e,
hemstitched, only .-..........-.-... &5c
Drawers of Cambria, inch ruff1e. with
three tuclxs, and four rows hemstitching
(you have paid soc for no better
only ........-.-...--.- --..--....---.S Sc
Drawers of fine Cambria, inch lawn
ruff1e, 4 rows tucking, 2 inch Torchon
lace Other styles of lace and
embroidery -s.-.---. - DUO
Drawers Of fine Cambria, 8 inch ruff1e,
Of fine lawn, rows OF lace insertion,
with edge to match. other beautiful
~ inch styles
Extra value ........... l.............9o PC
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-01-15
STRAUSS WILL COME.
Famous Orchestra Leader Says
He Is No Longer Sick.

The report that Eduard Strauss, the
leader of the famous Vienna orchestra.
would not direct the orchestra in this city
Wednesday night on account of sickness
has been refuted- He says he viii direct
his orchestra in Topeka
Herr Strauss passed through Topeka
yesterday afternoon over the Union Pa
cidc with his orchestra en- route to Kan
sas City from Denver, where he conducted
four concerts after the reported illness at
Albuquerque Matinee and night concerts
We're played Saturday Herr Strauss IS an
will not speak to the members of his or
chestra while Off the stage
a State Journal reporter met him at
the train and had few moments chat
with him, through an interpreter. during
the time the train stood in the station.
He was found in the stateroom of the
Pullman car. The room was in a state. of
confusion Various articles Of clothing
were scattered here and there over grips
and seats; an empty apollinaris bottle re-
elined IN q farther corner; a rev United
States banlnotes peeped out from under
typewriter list, and Herr Strauss him
self was just finishing an orange.
While Herr Strauss is able to speak the
English language to a limited extent, he
prefers not to conversefor the reason that
he feels just a little uncertain to the
pronunciation and usage of the words of
the language. He much prefers his native
Italian and French.
Mr. Heck, Herr Strauss manager, was
called in and acted as interpreter. They
spoke in German and interpreted for the
reporter the following:
People here have become doubtful
through the newspaper reports of your
illness that you would direct the orches-
ira here
THAT is all wrong" said he ct have
been sick, but am all right now direct
ed the orchestra. for four concerts in
Denver and I will conduct the orchestra
in Kansas City. Yes, yes, I will be all
right and will direct here
The story of the way the exaggerated
reports of Mr.. Strauss sickness got out
was explained by his manager, as fol-
lows.
when we were at Albuquerque Herr
Strauss was troubled with a slight indis-
position and a doctor was called in. The
doctor became quite excited over the fact
that he had famous man in his care
and hustled around in perfectly ridicu-
lOuS manner. He was so elated over the
case and he wanted to make so much of
so little that he went to the drug store
and spun out a story of how sick Herr
Strauss was.
THE druggist. being a Ioose-mouthed
fellow, let one Of his newspaper friends
in on the story and that was the way the
press dispatches got OUT
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-01-15

Chas. L Wood. Abran Troup. J. c. Hol-
land. - Demuths j. W. Robinson June
~. Moore, Il a. Auerbach, John F. Stan
ton. Hugh .I4a.wlor. H L. Robinson. L.
NJ. Wood c c. Blakely. T. II. Foster.
Advertising-Arthur Capper Chairman;
r. J. Monaghan, II. L. Shirer, Kurtz KEEL
lam. T. T. Coughlin, r.. 81. johnson, H.
D. MeNeely. w. s. Furnan, NJ M. Bailey.
G J. Drew. ]. w. Ripley. ". S. Smith,
Housed. A Clements chairman, A H.
Pnrdy. Milton Player, g. T. Scott, Geo.
W. MOfhtt, TT. "a. K1auer j. M. Wallace,
L. D. E1versole, f. NJ. Newland-
Roads and bridges-H- w. McAfee.
chairman: D. o. Crane, c. H Roof, ". L
Miller. E. w. Benedict. Geo. Neil, H. ".
buckley VIM. Sims, IT, G. Whiteker,
Vincent Kaczynski Willis Edison. p. T.
Bonebralze. J. w. O'Neil, T. W. Harrison.
Parks-E. Wilder chairman; A. 3.
Whiting, Geo w. Crane. M A. Low. s.
H. Downs, J. X. Hudson, Otto Euehne,
Oscar Bischoffs IT. O .Popenoe, "a. C. Ba-
kers DR.. y. G. McClintOck, A Reinisch-
Santa Fe shops extension-F. P. Mac
Lehman, Chairman; J. S Warner, John D.
Norton, II. G. Bowman, Geo. NJ. Noble.
W. W. Webb, Willard Hall, Il. f. Carver.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-01-15
ARE AFTER ALEXANDER.
Sheriff Everhardy viii Try to
Take Negro to LeaVenW0rth.

Leavenworth, Kan, Jan. $3.50 P. NJ
Sheriff Everhardy and his deputies
started to the penitentiary shortly after
noon to bring Alexander to the county
Jail. If this step is taken il is believed
that the negro will surely be lynched
Warden Tomlinson is said to have re-
ceived an order from Governor Stanley
to refuse to turn Alexander over to the
sherif unless he agrees in writing to pro-
tect him.
co. H. Is READY.
Lawrence, Kan, Jan. 15.-Company Fl,
First regiment Kansas National guard,
assembled at its armory in this city at
noon read to start for Leavenworth at
a moments notice Up to 2 o'clock no
order to move had been received
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-01-15
DEATH OF MISS PARKHURsT
Popular Topeka Young Lady Victim
of Typhoid.

Miss Edna Parkhurst died last even
ing at o'clock at her home, 823 Topeka
avenue. Miss Parkhurst was the daugh-
ter of F. H. Parkhurst- She was taken
i'll a short time ago with the grippe.
Later this developed into typhoid fever.
which resulted in her death. Miss Park
hurst was born in North Topeka on
September 30. 1873, and her home has
been in Topeka ever since. Miss Park
hurst was at the time of her death n
years old.
The funeral services viii be held to-
morrow afternoon at 2:30 at the resi-
dence. Burial win be in the Topeka
cemetery.
Miss Parkhurst has won quite a repu-
tation in local musical circles. and sang
often in public. She was member of
the Ladies' Music club, which is COM
posed of about twenty five of the best
musicians of the city. She was a mem
Der of the Congregational church.
Miss Alice Mccormick. aged II years.
died last night at Stormont hospital.
where she was taken the day before.
Her home was at III Kellam street The
funeral announcements will be made
later
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-01-15

Several thieves have been operating
lately IN the vicinity OF the eleven hun
ored block on Topeka avenue. A few
evenings ago a thief stole from the resi-
dence "a R. M. Spivey large turkey.
some celery and radishes. which the gro
ceryman had just delivered. The thief
was discovered in time for two servants
70 pursue him down the alley and force
him to drop the vegetables Another tllr-
key. however, had to be ordered The
people In that locality believe that sew
eral men are carrying on this work sys-
temadcally. by following the delivery
wagons and taking the opportunity to
steal delivered goods whenever the oppor-
Nunftv offers itself
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-01-15
ALMOST UNANIMOUS.
Vote on colorado Senator Was
Patterson, 81; Wolc0tt 8.

Denver. Colo. Jan. 15.-Thomas M.
Patterson was today elected United
States senator to succeed Edward o.
Wolcott Mr.. Patterson was the nomi-
nee Of the Democrats, Populists and
Silver Republicans, receiving "A votes
out of a total of 81 cast at the joint
caucus last night Following is the re-
suit of the ballot taken by both
branches of the legislature in separate
sessions shortly after noon today:
Senate-Patterson, 80; Wolcott, 1; abb
sent, I.
House-Patterson, IS; Wolcott, T.
The senate and house will meet in
ballot
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-01-15
The Oceanic's Passengers

Liverpool, Jan. 15.-The passenger list
of the White Star line steamer Oceanic,
which sails from this port via Queens
town for New York. contains the names
of Mrs Arthur Paget, Sir VIM. Orr
Ewing. Sir Weetman Dickinson Pearson
and Lady Pearson, and Robert Lor-
raine, who has just returned from South
Africa. where he served in the yeo-
many. and who goes to New York to
play the leading part In Frohman's
ITO Have and to Hold"
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-01-15
MAIL LOSES TT.
County Commissioners Raise Rate
For the Official Printing.

The county commissioners yesterday
afternoon awarded the county printing
to the Topeka Capital although the bid
of the Mail and Breeze was half OF that
of the Capital.
The rate on the delinquent tax list
is fixed by law from 20 to 10 cents, and
must be paid for at that rate in order
that the sales may be legal but the
other county printing is bid for at less
than the regular rate The bid of the
Capital was 10 per cent of the regular
rate, and the bid Of the Mail and Breeze
was per cent. of the regular rate The
Mail and Breeze has been the official
county paper. The printing Of deed
list and delinquent tax list In 1899
amounted. to 81, 253. 80. The other print
ing amounts to about $500 a year.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-01-15
JUDGES TAKE OATH.
Supreme Court Now Has Three
New Members.

Three Of the new supreme court JUS
tees took the oath of office this morn
ing. They were A. L. Greene, A. H
Ellis, and J. c. Pollock. The oath was
administered by Chief Justice Doster in
his room.
E. W. Cunningham, the fourth newly
appointed justice. did not arrive this
morning, but is expected this afternoon,
and the oath will be taken by him either
this afternoon or tomorrow. The GER
tifcates of appointment were signed by
Secretary of State Clark this morning.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-01-15
HOAR IS CHOSEN.
Massachusetts Senator Elected
to Succeed Himself.

Boston, Jan. 15-George Frisbie Hoar
was reelected today in both senate and
house Of the Massachusetts, legislature
to succeed himself in the United States
senate for the term commencing March
4, 1901 The vote in the senate was 20
for Hoar and for Richard Olney. One
Democratic senator voted for Hoar. The
vote Of the house was 169 for Hoar, 4S
for Olney and one for Charles H. Brad
ley Social Democracy of Haverhill.
Four Democratic members of the
house voted for HOar.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-01-15
MUNYON'S
DYSPEPSIA
CURE

When Prof ATunyon says his DYSPEP-
STA CURE will cure indigestion and all
forms OF stomach trouble he simply tells
been abused by over-eating and over
drinking. 1t will cure stomach that
has been weakened by oId-style drugs and
facilitating cathartics. It will do much
toward making an old stomach act like q
sound one At all druggists. . cents.
h11ty-six other cures. Write to Broadway
and 26th Stss New York. for free medical
advice.