davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal., 1902-08-20
GATES LOSES.
Application For Preliminary Injunc-
ton in Denied.

Denver, Col. Aug. 20.-The John w.
Gates faction of the Colorado Fuel &S
Iron company have lost another round
in their battle for control of that COM
pany. Judge Riner, of the United
States district court denied their apDli-
cation for preliminary injunction to
prevent the present officials OF the COM
pany from refusing to allow them to
vote proxies they claim to hold The
suit which was brought in the name OF
John J. Mitchell and others against the
Colorado Fuel & Iron company. was
based upon the alleged fraudulent End
absolutely void bylaw, which was
adopted by the board of directors of the
company on July Goth last. and which
the coTnplainantS charged was framed
and adopted for the purpose of enabling
the present officials of the Colorado
Fuel & Iron company to dictate the
action of tomorrow's meeting. ana also
to deprive the complainants and the
shareholders they represent by proxy
from voting at such meeting. Judge
Riner held that the allegations in the
bill of complaint weue fully met and de-
MED by the answer of the defendant
company. In deciding the application
for preliminary injunction the court
was not expected to pass upon questions
of law However, he would say that
on it's face the bylaw provided for an
orderly and lawful method of conduct
ing a shareholders meeting and that ap-
view The bylaw was adopted in good
faith.
The application for preliminary in
junction would, therefore. be denied.
The application was made several
days ago and a brilliant arrav of legal
talent was represented on either side
of the case. The court room last night
was crowded with spectators. among
whom were the leading members of the
local bar, who have watched the course
of the battle with deep interest. Mr..
Gates and his friends listened atteu-
lively to the reading of the decision and
as soon as it was completed left the
court room with their attorneys.
A representative of the Associated
Wolcott & Vaille, his attorneys, out
Mr.. Gates said he was not ready to give
out any statement as what his future
plans were with reference to the Color
ado Fuel & Iron company. He invited
the reporter to return later i'll ths,
night but said he could not promise to
give out a statement for publication.
The offices of Mr.. Gates attorney pre-
sented a scene of activity. Typewriters
were going rapidly and stenographers
wer taking dictation behind closed
doors. Mr.. Gates was in consultation
with Mr. Vaille until late in the night.
1t is said that two separate stOckhOld-
ers'. meetings will be held today the
one called by the present officers of the
Colorado Fuel & Iron company and an
other by Mr.. Gates and those he repre-
sents. Each will elect officers and trans
act other business, according to the re-
port going around.
| Mr. John Osgood. president of the
Fuel & Iron company, declined to be in
| terviewed He refused to say whether
| the regularly stockholders meeting
would be held tomorrow.
The Topeka state journal., 1902-08-20
HIS WIFE LEFT HIM.
Engineer Lowe Of Argentine
Misses Frau and Money.

Argentine, Kan, Aug. 20--Mrs. Har-
vey Lowe. the wife of an engineer on
the Atchison. Topeka & Santa Fe, has
been absent from her home, No. 19
South Sixth street, Argentine, since
Sunday. Albert McCafferty. a switch
man, who has lived with his wife at No.
6 South Sixth street. and who Is one of
Harvey Moore's intimate friends. has
also been missing since Sunday Nc
were seen in Kansas City. Mo-, last
Sunday night. Last Saturday Nc
Cafferty drew his pay from the Santa
F'e and got a thirty days leave of alb
and went out on his run Saturday night.
He left se5 with his wife. When he
returned yesterday morning wife and
money were gone.
Neighbors say that they saw McCaf-
ferty at loves house last Sunday
morning. Mrs. Lowe packed her trunk
and McCafferty assisted an expressman
in loading it into wagon. He was al
SO seen to pay the expressman the fee
McCaffertv went to his home and told
MS wife that he intended to leave the
city He said his mother. who lives in
Iowa. was i'll and that ne was going tc
ste her. Mrs. McCafferty did not be-
come suspicious until last Monday
when neighbors told her of the disap-
pearance Of Mrs Lowe and the visit OF
McCafferty to the Lowe hone Sunday
moTnsIZ.
It was learned that McCafferty and
MS Lowe purchased a ticket for some
r.oift in Missouri. Yesterday morning
Mrs McCafferty started out in search
of her husband.
Mrs Lowe is about 80 years old. small
/ il stature and brunette. She has beer
looked upon as the handsomest woman
| in Argentine. McCafferty is big fel-
| low and fine looking. He is 33 years
| clG-
When Lowe returned to Argentine
| yesterday morning he was surprised t.
| ,eerr of his wife's disappearance. ''Tf
/! rot hunt for her. and I'll not worry
about her." said the husband. IF she
! is that kind of a woman don't want t.
| sec her again. / do regret the loss ol
| nv hard-earned dollars
| Last Saturday Lowe met McCaffert,
| and the two engaged in a long conver
/ sation. They planned to take fish
| ing trip when Lowe returned to Argen
| tire
The Topeka state journal., 1902-08-20
SCHWAB'S PLANS.
Steel Trust President Says He
Will Not Resign.
Will Go to France to Take
Treatment For Nerves.

New York, Aug. 20.-Charles M.
Schwab, president of the United States
Steel corporation, who arrived here last
night, took breakfast today at the Lor-
raine. where he has apartments. He
said he was feeling very well and that
he expected to visit his office during the
day. 1t is understood that Mr.. Schwab
will sail for Europe on Saturday.
George w. Perkins, of J. P. Morgan &
Co., said today:
Mr.. Schwab is not seriously ill, and
the stories printed about his resignation
from the presidency of the United
States Steel corporation are almost too
silly to be noticed. He is not going to
resign, no one has thought of asking
him to resign. neither does any one
want him to resign. He will be here to
see Mr.. Morgan and will attend several
business meetings before sailing for an
extended trip to Europe as has been his
custom for many years past. Mr.. .Schwab
has the confidence of every member of
the steel corporation, and perfect har-
mOny prevails among the officers. all
the officials and directors of the corpor-
ation.''
On arriving at the station Mr.. Schwab
stepped briskly from the car, and as he
did SO he said to a number of newSpa-
per men present:
Now, gentlemen, I am going to tell
you three things, and l don't want you
to ask me any further questions In the
first place do not look like sick man.
In the second place I feel the necessity
Of a rest and I am going to take one.
In the third place am not going to re-
sign and have no intention of retiring
from the presidency of the United States
steel corporation
! Are you going to Europe?" Mr..
Schwab was asked.
Yes he replied y-but don't ask me
any more questions. That's all I have
to say.
Altoona, Pa. Aug. &C. M. Schwab,
when he passed through here disclosed
his destination to an old Altoona friend,
who has talked with him since he has
been at Loretto He said that he was
going to France, where he will take a
course of treatment at the mineral
springs of that country. His chief all
ment is an affection Of the nerves. The
steel presidents stay amid the scenes OF
his boyhood has evidently done him
good. He told F. S. Saupp, of this city,
that he never felt better in his life, and
Mr Saupp emphasized this by saying
that he had never seen him look bet
ter.
Mrs. Schwab is not with her husband.
She will remain at L0retto during his
absence.
The Topeka state journal., 1902-08-20

can carry him in the hope that he may
reach his home before the end.
That there is little hope that the disting
uished judge will win is evident from
the following telegram to the State
Journal at 2 p. M:
Washington. Iowa, Aug. 2O.-Am en-
route to Topeka with Judge Horton. He
may live until we get there but it is
doubtful. He can not recover.
B. P WAGGENER.
This destroys the last vestige of hope
of the friends of Judge Horton. When
Judge Horton was taken to Wisconsin
early in the summer it was feared thar
his illness would be fatal but the re-
ports of his condition were so encourag-
ing that they had come to believe that
he might be entirely restored to health.
The report that he desired to be brought
home was not reassuring but few sup
posed that he was so near the end.
The special train bearing Judge Horton
was expected at noon but it is evil
dent that delay was caused by his ser
ious condition. The Rock Island train
carrying Judge Horton can not arrive
in Topeka before evening.
For forty years Judge Horton has
been prominent figure in the political
arena of Kansas. For a generation he
has held positions of official trust him
self, but during recent years his Doliti-
cal activities have largely been in the
interest of his friends. For eighteen
years he was chief justice of the su-
preme bench of Kansas, and at one time
he barely escaped defeating the famous
ingalls, for the latter's seat in the United
States senate.
Judge Horton was born near Brook
field. Orange county, New York, on
March H. 1887. The Horizons come of an
ancient race. The Kansas Herd book
says that the antiquity of the Horton
family is esta ablished by the fact that
one Robert de Horton manumitted
bondman to his manor of Horton, long
before the time of Henry Larey, Earl of
Lincoln. who died in 1910" Judge Hor-
ton was the second son of DR.. Harvey
Horton. His older brother, Harvey
Addison Horton, was killed in wreck
caused by the confederates not far
from ST. Joseph, and it is said that this
fact made Judge Horton a Republican
Till he was thirteen the future chief
justice OF Kansas attended the public
schools at West Town, New York Then
he was sent to Farmers Hall academy
at Goshen, and in 1856 he entered the
University of Michigan at Ann Arbor
After two years he was compelled to
abandon his university course on ac-
count of his eyesight, but he studied
law and was admitted to the bar in
Brooklyn on December Is, 1858.
Soon after that he came to Kansas
flowing into the territory from both
north and south. and settled at Atchi-
son. Nearly everybody who came to
Kansas in those days came for political
purposes. and Judge Horton had not
been in Atchison long before he was
appointed city attorney, and in 1851 he
was erected to the place on the Republi-
can ticket, although it is claimed that
ne came to the state Democrat. The
following autumn in September, 1861.
ne was appointed judge of the Second
duoicaal District by Governor Charles
The Topeka state journal., 1902-08-20
WILL START FRIDAY.
The President About to Begin
New England Tour.

Oyster Bay. l. l.. Aug. 2O.-President
Roosevelt will start on his New Eng
land trip Friday. He will leave here
on the Sylph at 10 o'clock for New Ha-
ven, which place he is due to reach at
o. m. At 2:3O he will start for Hart
ford, where he will spend Friday night.
The presidents immediate party will
consist of DIR. Lung. the presidents Of
fetal physician; Secretary Cortelyou,
his stenographers, Latta and Weaver,
and two messengers The newspaper
correspondents and others who will ac-
company the president will meet the
party at New Haven at O'Clock Friday
afternoon.
The president will have as his guests
at luncheon today Frederick w. Hollis
of New York who was secretary of the
American embassy at The Hague con-
ference; DR.. Albert Shaw and Cecil A..
Lyon, chairman of the state Republican
committee of Texas.
The Topeka state journal., 1902-08-20
CROKER SUSPENDED.
Found a New Lock on His Desk
Ond His Books Gone.

New York, Aug. 20.-Edward Croker,
chief of the New York City fire depart
ment, has been suspended from duty
by Fire Commissioner Sturgis. Mr.
Croker, who is a nephew of Richard
Croker had been absent on a vacation,
but returned to the city yesterday, say
ing he did so to resume his duties on
advice of his attorneys Mr.. Croker said
this advice was given because his name
had, been mentioned in connection with
the hearing of charges against Chief of
Construction Ryan, of the department
When the chief reached his office he
found that a new lock lad been placed
on his desk. so that his key would not
fit it and that his letter books for three
years past had been carried away.
The Topeka state journal., 1902-08-20

Robinson. AT that time the Second dis
trict took in everything from the Mis-
souri, river west to the limits of civiliza-
ton and comprised the counties Of
Atchison, Doniphan, Brown, Nemaha,
Marshall, Washington and Republic
Judge Horton was appointed to fill the
vacancy caused by the res gnation of
Judge Albert E. Lee, who became major
in the Seventh Kansas regiment
Judge Horton was twice etected to the
district bench. In 1862 he received 1851
votes and there were only % votes
against him. Two years later he was
again reelected by a vote of 2,273 to 2
At the end of his judicial term in
1868 he declined to run again, but was
made one of the three Kansas electors
on the Republican national ticket. Col
onel D. r. Anthony and I. S. Kallock,
afterwards mayor of San Francisco,
were the other two. Judge Horton was
selected to take the electoral vote
to Washington, and as result on May
United States district attorney for Kan
sas.
He served his term of four years as
United States attorney and then repre-
lature of 1873. In 1876 he was elected
to the state senate from Atchison coun-
ty, but resigned two months later to
accept the appointment as chief justice
of the supreme court in the place Of
Samuel A. Kingman who resigned.
Judge Horton served for eighteen
years on the supreme bench. He was
elected TO fill the vacancy in the fall of
1877, and reelected for regular terms in
1878, 1884 and 1890. He resigned in 1895
to form the firm of Waggener, Horton
& Orr, Judge Horton being the Topeka
end of the firm ,and Bale Waggener and
James Orr, the Atchison end.
Since that time Judge Horton has de-
voted himself to his law practice. He
was candidate for appointment as
United States district judge in 1899
The Topeka state journal., 1902-08-20

when Judge Foster resigned, and he had
extremely strong backing for his can
didacy, but Cyrus Leland, his old time
political associate, lined his forces
against Horton because of the latter's
connection with the now famous "Hor-
ton agreement and President McKin-
ley appointed Judge Hook over Horton.
Probably the most dramatic incident
in Judge Horizons life was his defeat
for the United States Senate by Sena-
tor John J. Ingalls,, when the senatorial
seat was apparently just within his
grasp.
1t was in the legislature of 1879. In
gals had served one term in the SEN
against his reelection But the anti
ingalls, sentiment was scattered. There
were six or eight candidates against In
gals, among then John M. Price, Ben
Simpson, ex-senator Pomeroy and Judge
Horton. but the latter two were the
lowest on the list, having only two votes
each, while some of the others had 20
and 30.
On the night of January 80, 1879, the
members of the legislature who were
supporting other candidates than In
gals held Joint caucus in the state
house. At that time only the east
wing was built. They caucused until
midnight. but no agreement could be
reached to support any one of the lead
ing anti-Ingalls candidates. Those
who were anxious to beat Ingalls, did
other day, because they knew that if
another vote was taken in the legisla-
ture ingalls, would receive IS votes,
enough to elect him. Ingalls, was from
! Atchison, but w. w. Guthrie, then state
| senator from Atchison. was acting with
| the anti-Ingalls crowd. A big mass
meeting was held in Atchison that very
| night endorsing ingalls, and a delegation
| was sent to To9eka to compel Guthrie
| to support the home man.
| The anti-Ingalls leaders were afraid
| they would lose Guthrie and to hold
| upon Judge Horton, who was then chief
| justice. but whose home was in Atchi-
| son. Horton agreed to make an active
| fight on Ingalls, if S5 N embers would
| sign an agreement to vote for him. The
caucus ratified this action at one o'clock
| in the morning, and it enabled Guthrie
| to stay with the anti-Ingalls crowd, be-
| cause it pitted one Atchison man
| against another.
| After the nomination of Horton it was
agreed that the Sc members in the eau
F! Gus should remain in the hall until
| noon the next day, when the legislature
| should meet in the same room in joint
| session to elect the United States SEN
| ator. This was to guard against any
| of the members getting away and
being captured by Ingalls, managers.
Topeka was in a state of ferment all
| that night The action of the caucus
| became known on the streets and in
was the political headquarters. Anti
| Ingalls, sympathizers marched up and
| down the corridors past ingalls, room
! singing.
Wen hang John ]. to a sour apple
tree"
and similar sentiments. The lobbies
| Continued on Sixth Page.)
The Topeka state journal., 1902-08-20

Strangers and Visitors Seem to Know
just as Well as Topeka People
Where to 90,

When a convention or a meeting of
any Importance is held in Topeka it is
always noticeable at the Cremerie res
taurant. People from all over the state
flock there for their meals and lunches.
Clarence Scott, the proprietor, seems to
have the necessary pulling powers, -
although it must be said he conducts
a first class restaurant and one which
has made him reputation
His business has increased wonderful
1y in the past two years and it is nc
unusual thing even on an ordinary day
to have to wait for a place at the coun-
ter or tables He pays strict attention
to business and is entitled to the large
patronage he now controls.
The Topeka state journal., 1902-08-20
Strikers Threw Bricks.

Chicago, Aug. 20--Striking stablemen
of the down town depart -neuts stores
caused a disturbance at State and Fif-
teenth streets today and a detachment
of fifty police were sent to the scene in
response to a riot call = The stablemen
gathered about the barns and angrfly
pleaded with the drivers who had just
started to work to strike. When a
caravan of wagons left the harms the
strikers began throwing bricks. and
stolles enc a riot call was sent in. One
man was arrested. None were hurt
The Topeka state journal., 1902-08-20
DONLIN FREE AGAIN.
Rebellious Ball Player Will Join the
Cincinnati Team.

Baltimore, Aug. 20--Michael J. DON
lin, the baseball player. who was fined
$3.50 and sentenced to six months in Jail
for assaulting Miss Minnie Fields. Il
member of the Ben Hur" company
last winter. was released from Jail to-
day, his fine having been paid. Donli1
has 80 days taken off his sentence for
good behavior and served only five
months.
Don1in says he will begin to play with
the Cincinnati baseball club in about
ten davs.
The Topeka state journal., 1902-08-20
WILL BE HEARD SEPT. 1.
Judge Pagan Fixes Date For Book
Trust Hearing

Probate judge Pagan has ordered a
hearing of the state against the Aneri-
can Book company and the Kansas
Book company injunction case in the
district court September 1. The Amer
lean Book company has until August 27
to answer the petition of the state.
The Topeka state journal., 1902-08-20
Weather Indicatioua

Chicago, Aug 20.-Forecast for Kan
sas: Generally fair tonight and Thurs
day. except probably local thunder
storms in east portion: variable winds.
The Topeka state journal., 1902-08-20
Temperatures of Large Cities.

Chicago, Aug 20.-7 a. m. tempera-
lures: New York, Sc; Boston, 64; Phil
adelphia, s.: Washington. 20; Chicago,
68; Minneapolis, IS; Cincinnati, 72: St
Louis. 76.
The Topeka state journal., 1902-08-20
RACE WITH DEATH
Judge A. H. Horton Dying on
Way Home.
B. P. Waggener Telegraphs
That There is No Hope.
THE END is EXPECTED
Not Believed That He Can Live
to Reach Topeka.
At 2 p. NJ. the Train Was at
Washington, Iowa.
HIS USEFUL CAREER.
Prominent in Law and Politics
For 40 Years.
Resigned Position Of Chief JUS
tice of Kansas.
Tt1do A II ic in, n fr1 cY.oo "a
HIS USEFUL CAREER.
Prominent in Law and Politics
For 40 Years.
Resigned Position of Chief JUS.
tice of Kansas.

Judge A. H. Horton is in a furious race
with death In Balie Waggener's
private car the dying jurist is being
rushed toward Topeka as fast as steam
The Topeka state journal., 1902-08-20

Continued on Sixth Page.)
Evening journal., 1902-04-29
BODY on UNKNOWN FOUND
NanticOke River Furnishes Another MyS'
terY Tor NuSSny county
speclal 20 tho Evonlng journal.

Special to tho Evening Journal.
Bridgeville, April 29.-The Rev. p.
H. Rawlins. of Seaford. preached in
the NJ Il. Church Sunday In the alb
sence of the pastor, the Rev. w. r,
Mowbray. who assisted at the rededi-
cation services of Ebenezer NJ. E.
Church. Greenhurst Md, the Rev. w.
P. Compton. pastor.
The Rev Charles A. Walker. OF Mil
ford. preached in the Presbyterian
Church in the absence Of the pastor,
the Rev r. r. Taggart. who ls In
Pennsylvania.
The body OF an unknown man was
recently found floating in the Nanti-
coke river below Vienna There were
no marks of identity
United States Marshal John Cannon
Short spent Sunday at his farm In
Nenticoke hundred.
Miss Ray Heydricx and Miss Fannie
Carter expect to attend the Sunday
School onvention in Wilmington this
week.
/. Daily shipments of asparagus are
being made from this station. Con-
siderable of It is grown in this section,
"A very peculiar feature OF the crop is
that it must be cut every day. as Il
grows SO rapidly and soon becomes
valueless unless cut daily Sunday be-
ing no exception to the rule
Miss Lena Viven gave party on
Friday evening and the following
were present: Misses Hester Wiley.
Nora Harris, Nellie Harris. Pauline
Gray Nellie Hewos. Helen Layton,
Ethel Lyons. Edna Ward. Bessie Rost,
and Leon Cannon, Clayton Elliot, Lu-
ther Welch. Lee Short, Carl Graef and
RUSSELL Short
Mr.. and Mrs. Charles Walton, Of
Iron Hill. Nd are visiting their
daughter. Mrs. r, S. Smith.
Mrs. May Kinder, OF Newport News
Va. is visiting Mrs. NJ. w. Welch.
Mrs. William Cahall. of Philadel-
phia. has been visiting Mrs. l.. A,
Cahall
Edward c. sudler has returned from
West Virginia
Ralston Sudler. of jefferson Medi-
cal College. is here for the summer
vacation.
The public schools will close May 16
Mrs. Annie Swan and Ola G.. Swain
of the firm OF Sigler & Slain, com
mission merchants. Philadelphia. have
Ibeen visiting Bridgeville relatives.
Charles Wiley has returned from
Laurel
Miss Florence Holt gave a part.
Saturday evening which was attends
by about one hundred persons fron
Seaford. Laurel. Greenwood, Federals
burg and Bridgeville.
Miss Sallie Rawlins has returne
from Philadelphia.
John Welch. OF Milton, has bee
Visiting his brother. W. n. Welcl
lherc.
Robert Miller has moved here wit
his family from Chester, Pa.
Evening journal., 1902-04-29

when the fire was discovered. The
hacks and wagons were saved only
the top OF one hack being burned on,
but three horses were burned to death,
one pair, two big grays, being very val
liable. Potts Is ruined, as he is a poor
man. Already a subscription list FOR
him has been started.
A lantern was left in the stable by
Potts when he started for Clayton and
one of the horses kicked Il over. firing
the building. Potts carried no insur-
ance. This makes twenty horses that
have been burned to death in stable
fires in Smyrna within four months.
Peach growers OF this vicinity are
alarmed over the prospect of fruit as
the warm weather has cansed the blos-
sons TO shed heavily.
The debate upon Foreign and Home
Missions" conducted by the Epworth
League OF Asbury Church was won by
those who defended home missions.
A large congregation was present and
big collection was lifted.
The officers Of Smyrna are on the
watch for Edward Holiday the col
ored murderer OF Dover. Holiday Il
well-known in Smyrna among the col
ored class and Is said 10 have thre'
lsweethearts here.
The relatives OF John Armstrong
who died at the Smyrna House tw'
weeks ago. will contest the will whicl
leaves to the six heirs hotel propert
in Chestertown and $4,000 to EzelSle
Sparks. a partner in the hotel buslnes
for twenty years with Mr. Armstrong