davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-02-13
Bale Waggener's Point Concern
ing Congressman Curtis.
Discovery Made by Topeka Law
yer Several Years Ago.
ACTION WAS..NOT LEGAL
Shawnee Put Into First District
Without Redistricting State.
Question May Now Be Settled in
Courts.

3. P Waggener has dug up a federal
statute which, he alleges, shows that
Congressman Curtis is not entitled to
his seat in congress as representative
from the First district It is the con
gressional apportionment act of 1891.
Mr.. Waggener believes that if tested in
the courts it would unseat Mr.. Curtis.
He says he has submitted it to ex-Chief
Justice Doster, his law partner, who is
of the same opinion
This same statute was resurrected by
J. G. Slonecker on similar point sew
eral years ago, and it was published in
the State Journal at the time 1t was
when the Populists gerrymandered the
state by transferring Shawnee county
from the Fourth to the First district,
and giving the Fourth Pottawatomie In
its place, but did not redistrict the state
and make provision for a new Eighth
district for the congressman-at-lar
The eappOrtionment act of 1891 con-
tains the following clause:
That in case of an increase in the
number of representative which may
be given to any state under this appOr-
Torment such additional representative
or repreSentatiV shall be elected by the
state al large, and the other repre-
sentatives BY THE DISTRICTS NOW
LEGISLATURE OF SUCH STATE. IN
THE MANNER HEREIN PRE-
SCRIBED, SHALL REDISTRICT THE
STATE"
It is eontended that the transfer of
county from one district to another
without creating a new district was not
redlstricttng the state" and that mas
much as it is prescribed that the dis
tricts should be represented as then
constituted until the state should be re-
districted, Shawnee county could not be
transferred from the Fourth to the First
district without violating the federal
statute.
At the time Mr.. Curtis was first elect
ed from the First district, J. G. Sloneck-
er did not approve of it, He raised the
point at the time that the legislature
could not transfer Shawnee county from
one district to another without redis-
tricting the entire state and providing
a district for the new eighth congress-
man. The State Journal published the
federal statute at the time, but no one
was enough interested in the matter to
test it in the courts.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-02-13

Baird, Ballard, Barnd Belts, Billinga,
Broadbent. Bucklin, Chandler, Enright
Focke, Hale. Harris. Jensen, Johnson OF
Decatur, Keith, King Of Lane, Langneld,
Lewis. Lynn, Parish, Perkins of lseaVen-
worth. Perkins of Wyandotte. Rough
ton, Schlyer, Stavely. Tannahill, Upton
Total. n.
Those voting against the motion were:
Messrs. Adair. Adams of Butler. Adams
of Sedgwick. Bennington, Brown OF
Brown, Brown of I.abette, Campbell OF
Meade. Dolley, Dunn, Farris Finley
Gale. Hawkins, Heusel, Honnen, Hugos.
Hunter, Jenries. jerks. Jones Of Cove,
Jones of Norton. Jones of Trego
kinkel, Kinnison Kramer, Leland,
Linton Lockwood, Martin of Nor
ton, Mckee of Marshall, Mclaughlin.
Mead, Mendenhan. Nixon. O'DOnnel1,
Pollock, Pralle. Robbins. Schermerhorn,
Schmidt of Geary. Sharp. Sims, Speer,
Starr, Won Treba, Waggener, Wilson
Woodhouse, Mr.. Speaker Pringle. To-
tai. a.
Those absent or not voting were:
Messrs. Barker, Beeson, Bowman. Bran
don, Burke, Campbell of Bourbon.
Croker, Daugherty, Einsel, Emmons
Evans, Fisher, Francis. F'riar, Godshalk,
Gosbel, Griffin, Hayden, Hill. Hollen~
beck, Hutchinson, HuSey. Jeffries, John
son OF Sheridan, King Of Ottawa. Kirk
patrick, Kirkland, Kost, Laughlin Law
Martin of Woodson, McIntire, Mckee of
Clay. Miller, Murdoch Mustoe. Nixon
Peck, Sarbach. Smith Of Thomas
Stubs, Tatun. Taylor. Tucker. Wat
klns, Weldon Whistler. Williams o.
shawnee Williams Of Stanton, Wyckoff
Total 10
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-02-13
NORTH TOPEKA.

fIeave items for this column with Kim
ball Printing Co. 9l2 North Kansas Avel
F'erd Luger of Kansas City was in
town yesterday.
w. r. Paxton was a Topeka visitor
from Kansas City yesterday.
Uncle Zelze Marble is very i'll at his
home. three miles north of town.
Mrs J. e. Guild and daughter were in
today from Silver Lake shopping.
Oran Layton will entertain at a class
party Saturday evening at his home,
1923 Van Buren, street.
Master Duane Elmore entertained
few of his little friends last evening az
his home, $50 Jackson street, in honor
of his birthday anniversary.
Mr. and Mrs. Luke Ballard returned
yesterday from Chicago, where they
were called the first of the week to at
tend the funeral OF Mr.. Billiards.
mother.
Mrs. c. A. Sparks of HoIman's addf-
east of town to (. L. McDryer of Lyon
county. who will take possession the
first of March.
Try the Home Bakery for all kinds of
bakery goods. We aim to bake the best
and cheapest We try to please. Orders
promptly filled. 5S5 Bell phone. SO
Kansas aVenuS.
The w. T. K. club viii meet Tuesday
afternoon, February II. at the home Of
Mrs w. D. Lacey, 220 West Gordon
street, instead of with Mrs. F. c. Bow
en- as previously announced.
The Ohio club will meet Monday
evening at their hall III West Sixth
street. special programme has been
arranged for this meeting and the rep
resentatives and senators are invited to
attend
Special sale on wrist bags. chatelaines
and purses beginning Saturday morn
ing: $3.50 wrist bags for 75c; SL0G
quality for soc; S1-00 ehatelaines for SOC;
75c quality for 25c; $3.50 purses for T5c;
SOC kind for 25c
NEW ERA DEPT. STORE.
Charles Small has returned from
AtchisOn where he has been visiting his
brother, Harry Small Mr. Small was in
AtchiSOn when the LeavenWorth vein of
coal was discovered there and this was
the bells in town were rung and whistles
blown.
Mrs Laura Fisher entertained the
ladies of the R II. club yesterday at
her home, 1923 Jackson street Luncheon
was served late in the Afternoon. The
guests were Mrs. Ruth Steele, Mrs. Dora
Wolfe Mrs Agnes Young, Mrs Minnie
Whitehead. Mrs. Ruth Smith. Mrs. Ada
Muncie. Mrs. Bessie Bartlett, Mrs. Chas
Armstrong. The next meeting will be
at the home of Mrs. Bartlett, 1919 Jeffer-
son street
Mr. and Mrs l. K. Lapp, Of Los An
geIes CAL who have been spending the
winter visiting relatives in Philadel-
mia and are now en- route to their
guests Of Nj. Lapp's brother, Mr.. J.
Lapp. and wife. of Harrison street. Mr.
and Mrs Lapp were former residents OF
the North side, and Mr.. Lapp was for q
number of years one of the prominent
business men.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-02-13

brium of representation might be re-
stored and perpetuated; and
Whereas, Immediately upon the or
ganization Of Kansas territory. Charles
Robinson, first governor Of Kansas,
came thereto for the purpose of organ
izing the free state settlers in oppOsi-
ton to the prO-slavery propag anda and
did so organize, and. by his coura geouS
example, conservative counsel and abs
leadership, encouraged and directed such
opposition, whereby public sentiment in
favor Of a free state was made to pre-
vail in Kansas territory. and caused
Kansas to become a free state instead OF
a slave state; and
Whereas, Because of such decision by
the people of Kansas the southern
states determined to secede from the
union Of states and establish an indie
pendent government, and did so secede.
thereby involving the nation in civil war
with all the consequences thereby en-
tailed: therefore be it
Resolved by the legislature of the
state of Kansas: First. that we recog-
niZe the public services aforesaid OF
Charles Robinson as a potent factor OF
the great national events that occurred
in that crisis in the history of our
country.
''Second-In view of the distinguish
ed public service of Charles Robinson
aforesaid, and of his exalted citizen
ship, it is hereby ordered that a statue,
in bronze, of suitable proportions, of
the said Charles Robinson be prepared,
under the direction of the executive
council. and placed in the niche in the
northwest quarter of the rotunda of
the state capitol.
'Third-That the sum of ten thou
sand dollars, or so much thereof as
may be necessary is hereby apprO-
priated to the executive council, out of
any moneys in the state treasury not
otherwise appropriated, for the purpose
of carrying out the provision of the
above resolution.
"Fourth-That a copy of this resolu-
ton be suitably engrossed, and for
Warded to Mrs. Sara T. D. Robinson,
widow of the late Hon. Charles Robin
son. deceased at her home. at Oak
Ridge, Lawrence, Kansas
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-02-13

Louisville. Ky. Feb 13.-Through pri-
vate sources considered reliable, infor-
nation has been received here which
may explain the perplexing delay ex-
perienced by the American league mag
mates at their session in Chicago this
week According 10 this informal ton,
the American association and Western
league have reached an agreement
which provides that St. Paul remain in
the American circuit and the Kansas
City club be transferred to Chicago to
play on the old Congress street grounds.
gives Kid" Nichols free rein in Kan
sas City the Western league is TO va
cate Milwaukee and locate in some city
west Of the Mississippi This change
viii materially reduce the travelling ex-
penses of both leagues and make both
circuits more intact.
PRESIDENT HICKEY DENIES.
Chicago, Feb. 13.-President Hickey
of the American association made a
strong denial today that his organiza-
ton was contemplating moving the
Kansas City club to Chicago in place of
St. Paul, if any change in the circuit Of
the association should be made this
year
considered such a thing as transferring
the Kansas City club. said President
Hickey I'VE made a hard fight to get
in and hold our own IN that city and
we have no intention and never have
entertained the idea of deserving the
territory we have won. If any change
is made in our circuit for the approach
ing season it certainly viii not be the
Kansas City club
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-02-13
SENATE HAS BUSY TIME.
Most of It Is Devoted to "Call of the
Senate

This mornings session of the senate
was one of considerable industry Sena-
tors Allen and NOftzger devoted most
of their activity to demanding calls of
the senate, which means the locking Of
the doors and compelling the vote of
every member present on whatever
question is up, but the others worked
Allen and Noftzger were in a humorous
mood. Seven bills which had been REQ
commended in committee of the whole
We're discussed and passed. All of them
have been previously given attention
New bills were introduced this morn
ing as follows:
BY Pestana-A ppropriating $1,000 to
compensate Judge T. F. Carver for le-
gal services performed for the state in
cases growing out of and involving the
legality of the organization of the house
of representatives of 1893
BY Allen-Prohibiting the soliciting Of
life insurance by any agent of any com
pany which has not procured d license
to do business from the superintendent
of insurance
BY Codding-An act to provide for
protection of banks of rivers and other
water courses.
BY Allen-Requiring life insurance
companies to file notice of cancellation
of agents contracts.
By Allen.Authorizing a bond issue in
Wyandotte county for the construction
of a bridge across the Kaw river
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-02-13
CROUP


than before, carrying the general list with
them.
The selling of the Fries was the feature.
the common losing rs points. the first pre-
ferred points and the second preferred
27s points. The whole market was affect
ed. but the declines were mostly fraction
al. Rock Island Southern Pacific St.
Louis Southwestern preferred, Brooklyn
Rapid Transit Metropolitan Street Rail
way. IT, S. Leather preferred and General
Chemical lost a point, American Grass and
Irvine ~. Metropolitan West Side Ele-
waited points and Commercial Gable
points. There were gains of / to points
by Sloss-S Sheffield. Cotton OIL preferred and
the Minneapolis st. Paul and Sault Ste
Marie stocl-s-
Bonds were irregular at noon.
The steady declines of the Fries dif4used
a feeling of depression around the room
and all classes of stocks were let go De-
clines of a point were numerous and in
cluded all of the speculative fagOrites. In
the case of Southern Pacific, Y. S. Leath-
er preferred and New York, Chicago and
St. Louis second preferred the decline
reached 2 to PIP points. The Fries sold
good fraction below the noon level Some
buying to cover in the general market
steadied the list later. when ii became dull.
Prices generally improved. led by the
Erie stocks which rallied a point or more
from the lowest. Recoveries averaged y
point. The advances invited renewed sell
ing of Erie but the stock was vigorously
supported and the rally proceeded
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-02-13
WAGGENER FATHERS 1T.
Leads Movement to Give Gov. Robin
son Credit Due Him.

B. P Waggener will father the reso-
luton to place Ex-Governor Robinson's
bust in the state house rotunda, when it
reaches the house-if it passes the sen
ate. 1t viii not be surprising if reso-
luton is introduced to put Lanes bust
in one Of the other inches in the ro-
tunda, so as to play even" with both
sides.
The Robinson resolution, which was
prepared by Hill P. Wilson. is as fol-
lows.
Whereas, BY common consent. the
equilibrium of power, or the equality of
representation in the senate of the Uni
ted States between the free and the
slave states, was maintained from the
time of the admission of Louisiana into
the Union in 1912 until 1880, when il was
deranged by the admission Of California,
as a free state. without the admission
of a compromising slave state; and
Whereas. Kansas territory was Or
ganized at the instance of the southern
states for the purpose of creating there
from a slave state whereby such equih-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-02-13

Wall Street. New York. Feb. 1S.-STOCKS
The first trading in the Erie stocks after
the announcement Of the new bond issue
found a weak market for them. The com
mon opened IS point lower than Wednes-
day. the first preferred 1ss points and the
second preferred IA points The scarcity
Of money in London caused lower prices
there this morning. which were reflected
here at the opening all through the inter
national list. The opening purchase OF , =
O00 shares of Missouri Pacific lifted the
price "a point, but it Immediately ran off
to below Wednesdays level. General Elec-
trio advanced II points. Declines were
fractional throughout the list.
Bear traders did not Immediately follow
up their opening advantages and prices
hardened slowly. Active buying of a few
specialties contributed much to the rally.
Smelling, Delaware and Hudson. North
western and Hooking Valley advanced
over point and there was a good rise
in Amalgamated Copper. Leather and Mis-
souri, Pacific. Near II o'clock Rock Island,
the Fries and Southern Pacific fell lower
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-02-13
HALE FORCES A VOTE.
Succeeds IN Putting Members on
Record on Referendum

By vote of q to As Representative
Hale's initiative and referendum reso-
luton was killed by the house last
night. This result was expected of
course, and the resolution was intro
duced simply to allow the members
who wished to do so to go on record.
And yet the vote was by no means
along party lines. although it was to
be expected that it would be so. Eight
Of the p votes for the resolution came
from Republicans They were Baird,
Barnd, Belts, Billings, Enright Lewis,
Perkins of Wyandotte and Stavely.
Two Democrats, Bale Waggener and
Mclaughlin, voted against it. Eight
Democrats We're absent.
When the proposition came up in
committee of the whole Mr. Hale told
the Republicans frankly that he ex
pected them to defeat it, but that he
wanted to go on record for it. There
was no debate on the merits of the
proposition, which was to submit an
initiative and referendum amendment
to the constitution to a vote of the peo-
pie, and a motion that it be recon-
mended to the house for slaughter was
promptly passed. Hale tried to get
unanimous consent for roll call then,
but could not, and so had to bring the
matter up on a motion when the com
mittee of the whole made its report to
the house. He then demanded roll
call and the vote was as follows;
Those voting to make favorable re-
/ port on the resolution were; Messrs-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-02-13
Chicago Livestock Market.

Chicago Feb. 13.-CATTLE Receipts to-
day, 1850 head Market steady Good to
prime steers, s4-s0Q5.50. poor to medium
Sc. OOdA25. stockers and feeders. g 25a $50,
cows, S1.40d4.40, hetfers. s2.o0d450; Gamers
Sl-40d2.50 bulls. $2-00Q4-25. calves $500
500: Texas fed steers S3.50I4.Z5
HOGS-Receipts today, 5000 head; esti-
mated Saturday, 1900 head. left over from
Thursday 713f head. Market 5d10c higher
Mixed and butchers S6.65a7.05. good to
choice heavy. S6.95dT15; rough heavy $500
a6.90; light, s6-S5as S.; bulk OF sales $500
SIS
SHEEP Receipts today. 1900 head
Sheep and lambs steady TO strong. Coed
to choice wethers, 81. 1865; fair to choice
mixed. $3.5Od4 70, western sheep. S475d 5.Z5:
native lambs, S450Q6.40 western lambs,
a. 75d6.40.
Official receipts and shipments Thurs
day: Cattle Hogs. Sheep
Receipts .....- -...-.-- $40 53,al AlSS
Shipments -..... .-..-. 4.69l l439 5l5
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-02-13
NEW HOUSE BILLS.
Number Has Now Reached Over
Seven Hundred.

SONCA &A0A0AQOs
The following are new bills introduced
in the house,
6s1. BY Adams of Sedgwick. providing
for printing certain supreme court re-
ports.
692. BY Gale, local
693- BY Perkins OF Wyandotte, local.
694. BY Sims, appropriation for Tope-
ka Industrial institute
695. BY Francis, amending section 1885,
general statutes of 1901
$50. By Dolley, relating to excess fees
Of the register of deeds in Clay. CherO-
kee, Brown, Marshall Pottawatomie.
Wabaunsee, Atchison, Geary, Anderson,
Chase and Shawnee counties.
69E By Williams of Shawnee, fixing
the salary of the judge of the Shawnee
county district court at $1,000
698. By VILLAINS of Shawnee, appro-
priation for Capt. J. G. Waters for legal
services in the Riggs vs.. Smart judicial
contest.
appointment and fixing salaries of dis
trict court stenographers.
700 By Nixon, local.
FOL BY Nixon. local.
702- BY Billings. to relieve Asa D.
Sidwell
7o3. By Williams of Shawnee. relief of
Charles Porter
7O4- BY stavely. relating to frauds and
perjuries.
705. By Hutchinson, local
706. BY Hunter, local.
707. BY Hutcheson, local
70S. BY Perkins of Wyandotte, local.
7O9. BY Harris. local.
TO BY Lynn, local
I'll. By Adams of Butler, relating to
mortgages and deeds of trust.
712- By GOdshalk, for a broom facto-
ry in the Hutchinson reformatory.
713- By Focke, relating to criminal
procedure.
IA. BY Adams of Butler, relating to
trust companies
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-02-13
NEW HOUSE BILLS.
Still No Indication That the Flood Is
Checked

Checked.
The following are new bills introduced
IN the house sslti,. q41-s
656. By King of Ottawa, local
65l- By jerks. relating to officers in
second-claSs cities.
65S. BY jerks, relating to charitable
Institutions.
e59- By Farris, by request, an anti
switch bill.
660- BY ways and means committee
girls industrial school appropriation.
Sol by ways and means committee.
Parsons insane hospital appropriation.
662. By ways and means committee,
deaf school appropriation.
663- By Starr, local
664- BY Brown OF Brown, making it a
misdemeanor TO point a gun al per
son. This is meant to apply especially
to didn t-know-it- was-loaded cases.
665. By HOnnen. local
Cos. BY HOnnell, local.
SCI BY Lewis relating to insurance.
Sos. BY Speer. relating to fees collect
ed by the state bank commissioner.
$50 BY Barnd by request local.
go. BY Jones of Cove. amending sec
ton 1 of chapter 212. laws of 1895
Gil BY Nation, local
672 By Peck, giving travelling men the
right to vote away from home, as rail-
road men do now.
673 BY HeuseI by request, local
674. By Heusel. local
SIS. By Heusel amending section 1881,
compiled laws of 1901.
$40 BY Weldon, local
ST. BY Weldon, local.
SIS BY O'Donneu, providing for dis
organization of school districts.
679. BY kinnison. local.
$50. BY Dolley, local.
6S1- BY Dolley. relating to exemption.
682- BY Adams of Sedgwick, relating
to trees and parking in cities
$50. By Waggener by request relating
to the city court of Atchison.
6s4. By Focke. concerning costs in tax
i title cases.
$50 BY Kramer by request, relating to
farmers Institutes.
6S6- BY local judiciary. committee, to
change names of certain persons.
6S7. BY Enright, concerning commits
sioner of the poor
SIS. BY kirkpatrick, relating to crimi-
nal procedure.
$50. BY Kirkpatrick, relating to civil
procedure.
$50. BY Watkins. for a county high
school at Nickerson. Reno county.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-02-13
Kansaa Citv Liveatoek.

Kansas City, No, Feb 13.-CATTLE-
Receipts today, 800 head. including 200
head of Texans. Market steady to strong.
Native steers. S2.S5n5.25; Texas and Indian
steers. s.. 35a4O0. Texas cows s200Q2s0.
native cows and heifers, s1.50a3. IS. stock
ers and feeders, 2.75d4. 40; bulls, s2-25a3- 3;
calves. S2.50Q6.00: western steers, S2.60G5.09,
western cows S1.900295.
HOGS-Receipts today, 5000 head. Mar
ket strong to TIC higher Bulk of sales,
Sc 7506 50: heavy. Sc. S5G7 %. packers. IS. 7215
d6.90; medium. S6.75G6-95. light, S6.45Q6.S5,
workers. S6S0Q6.S5; pigs, s. 956f6. 45.
SHEEP-Receipts today. loo head.
Market strong. Muttons S3.50d5.10. lambs,
s. 60Q625s range Wethers, S3.009t465; ewes,
0fQf
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-02-13
IT COMES TO LIFE.
Anti BreidenthaI Trust Bill Again
Appears.

John ". BreidenthaI will have to
kill the trust company bill, directed at
his company over again. He caused
its decease in the judiciary local com
mittee. but Adams of Butler resurrect-
ed it and has again introduced it in
the house This time 1T was referred to
the banks and banking committee, of
which Adams is chairman. and it is in
the cards for the bill to be favorably
reported.
This viii bring the fight on it to the
floor Of the house where Breidenthal
will not have the same chance at it
that ne would have before a commit
tee.
If it should become a law it is said
that it would drive Breidenthal and his
company over the state line into Mis-
souri,. where all the trust companies are
now located
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-02-13
MARKETS TODAY.
Wheat Opens Lower Because of
Foreign Weakness.
Same Influence Has Depressing
Effect on Corn.
LIVE STOCK TRADE.
Cattle Steady Down and Hold
Up Strong.
Hogs DO Better and Move Up a
Point.
LIVE STOCK TRADE.

80 ,r~rrr- m x4-l,1,t ,,,,o.,-
Chicago, Feb l5.-N HEAL w ueat olel-
cd lower today on the weakness IN lot l--
at tT7sn7sc. The lack Of any foreign ,ie-
mand caused considera0le oiIerlnss OF NAY
and after seilius at lszsst 80 Pr 'l lC,-7 :
demand on July en- ItosyvSl s %, On q 80 ~;
wave i'm the nefthWest anu ma U1.loli
was firm. outsiders being the pest DuyeI7
Large Argentine shipments were a weak
aning Influence l-esJ.itg Dusneis ptlI6 re-
ported for the week minneapolis ana ilil-
lutn reported receipts OF 100 cars, whlch'
with local receipts or 81 cars O. car OF con con
tracl GRADE mage lolal Ieetlp.s ~, a9I siI
EilIee points OF 90 cars asditIst o'7 Ss'i %
The market was weak the latter part
OF the session on prediction or snow
lghout the west. After touching iSAc
Man declined to flAc- Final figures were
ssn nc lower at 7I1ac.
countries in the corn pit were lnflu-
anced by the weakness in wheat ana l0Wer