davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-05-21
COAL CASE TO GO UP.
Will BE Taken to United States Court
and Kansas Must Wait.

The case against the Usage county
coal mine operators combine, which
County Attorney Hungate began in the
Shawnee county district court under
the Kansas antitrust law and which
he successfully carried through the
Kansas supreme court by securing a
pealed by the attorneys for the opera
tors to the United States supreme
court.
This will mean a long delay before
County Attorney Hungate can continue
his investigation of the trust in the
district court even if the supreme court
at Washington sustains the verdict Of
the Kansas supreme court
County Attorney Hungate began pro-
ceedings against the operators under
the Farrelly antitrust law by sum
moning operators from Usage county
to appear in the district court and give
testimony as to the existence Of a trust.
John Jack one of the operators, re-
fused to answer questions and for the
purpose of testing the law he was con
structively sent to jail by Judge Ha-
zen until such time as he would an
swer. Jacks attorneys brought a ha-
beas corpus proceedings in the Kansas
supreme court for his release contend
ing in the application for the writ that
the Farrelly law was unconstitutional
and in violation of the fourteenth
amendment to the constitution of the
United States. Other federal questions
were also involved in the appeal.
reilly law and denied the writ. Now
the attorneys for the Usage operators
will go to the United States supreme
court on the same federal questions.
The attorneys for the Usage county
mine operators contend that the opera
tors in being compelled under the Kan
sas law to give evidence as to the ex-
istence of a trust will be compelled to
answer questions which might disclose
a crime against the United States trust
law This is one of the points on
which the appeal will be taken
The attorneys for the operators also
contend that the Kansas antitrust law
is in violation of the fourteenth amend
ment which provides that I'D state
shall make nor enforce laws which
abridge the rights and privileges of cit
izens nor shall citizens be placed in Jail
without due process of law. Under the
Farrelly law no complaint was issued
and for that reason the attorneys claim
that Jack was not placed in jail by due
process of law.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-05-21
FRITZ DURElN TO JAIL.
Commitment Issued Today for Him to
Serve Sentence.

Monday morning Fritz Durein Will
take up his abode in the county Jail
to serve out the 39-day sentence in
the case which was forgotten and
which his attorney failed to smooth
over Friday in hope that if the costs
were paid that the case would be for
gotten and Durein would not have to
go to Jail.
Two cases were brought against
Durein more than a year ago. He
was tried and convicted in each case
in the district court. 1t was supposed
that both cases were appealed TO the
supreme court but Fee Buyer Good,
paid in the cases, found that one case
had not been appealed to the supreme
court. and that for more than a year
nothing had been done and that Du-
rein mad not gone to Jail Then it
was that Durein's attorney hoped by
smooth work to quiet the whole affair,
but that did not succeed
Friday afternoon Durein visited the
court house. He asked Sheriff Lucas
to give him until Monday to get ready
to go to Jail. This morning the COM
mitment was issued for Durein to
serve the sentence of 80 days in Jail
and fine of 500. The costs in til =
serves all the time and the costs that
he will be in jail 240 days.
Fritz Durein said this morning. 4
had two cases in court and was con-
victed. An attorney made out an ap-
peal bond and I paid him $50 for his
fee, and also paid him $50 to appeal
the case. He did not do it. What did
he do with the $502 As for the other
case, another lawyer has that in
charge and he has made his brief
and the case is now in the supreme
court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-05-21
MAY BE DR.. QUAyLE.
Eleventh Ballot Is Taken at Los An
geIes Without Result.

Los Angeles, Cal, May 21.-On the
eleventh ballot taken by the Methodist
general conference last night the result
of which was announced this morning,
there was no election. ]. r. Day re-
ceived 299, r. J. Cook 2ss, II. c. Jen-
nings 80. w. A. Quayle 19 and j. W. F.
Bowen 13. The result shows a loss of
% votes for DIR. Day from the previous
ballot, and a gain of 16 for DR. Cook.
Predictions are now freely made that
the eighth bishop elected viii not be
one of the present leaders. The most
prominently mentioned in this connec-
ton is DR.. w. A. Quayle Of Kansas
City.
The time of this mornings session
was almost completely taken UT with
the discussion of the question of restor-
ing the pastoral time limit.
A sensation was causfAd early in the
session by adoption Of Ifile resolution
by d rising vote of the conference ex-
Guiding from the privileges of the hall
the representatives of a local newsPa-
per, on account of the publication this
morning of an article regarding the
fight alleged to be in progress against
DR. ]. r. Day, the leading candidate for
the bishopric.
The committee on state of the church
has decided by a large majority vote
after a warm discussion to recommend
to the general conference that it pre-
pare a petition to congress on the sub
ject of polygamy and divorce. 1t viii
ask congress, if the report of the COM
mittee is adopted to enact consttu-
tional amendment providing uniform
divorce laws in all the states and terri
tories The subject as to whether
church congregations shall employ in
dividual communion cups has also been
threshed out in the committee and the
report from that body will recommend
that rule be adopted making it pos
sible for any church to adopt individ-
ual cups by a two-thirds vote of the
membership of a quarterly conference
Today is the last day for the mission
ary exhibit, which has been one of the
features of the present conference.
More than 80, 600 persons have visited it
since its installment, May 4.
Twelfth Ballot.
Los Angeles, May 21.-The twelfth
ballot resulted in no election. DR.. J.
r. Day receiving 392, r. J. Cook 1877,
w. A. Quayle So, H. c. Jennings 10
and S. w. Smith IL. Seven hundred
and fifteen votes were cast; necessary
to elect, All.
Dr. Cook then withdrew, saying
that he had no desire to be a party
to a long continued contest. He
thanked his friends for their loyal
support and hoped that no more bal
| lots would be cast for him.
/ Recess was then taken.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-05-21
CUT OUT BAG BAG.
Kansas History Won't Give Funston
Credit for Swimming River.

d. o. McCray, who is one OF the
committee of the state textbook COM
mission appointed to approve the re-
vision of Prentis' History of Kansas
by Mrs Margaret Hill NIcCarter, says
that the revised history will not say
anything about General Funston
swimming the Bag Bag or any other
river in the Philippines. Mr.. McCray
says the statement is not true, and it
ought not therefore to be taught to
the school children.
Funston may have waded a few
small streams, but he did not swim
any rivers under fire, as we were told
during the war" said Mr. McCray.
men who We're in the regiment know
the truth about it, and no statements
that are not true will go into the his
tory. The history viii give credit,
however, to the men who actually did
swim rivers under fire. The mis-
statement that Funston did some
swimming was due to the work of his
press agent"
Mrs Margaret Hill McCarter has
been engaged by the textbook COM
mission to revise the Prentis history
and bring it down to date. d. o. Nc
Cray, George w. Kendrick Of Leaven-
worth and A. B. Carney of Concordia
are the committee to approve the re-
vision.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-05-21
POLITICAL GOSSIP
Review OF the Democratic Ma
tiOnaI Situation.
Governor Bailey VIII Name a
Judge Next Week.
TRACY NOT IN 1T.
Pottawatomie Statesman Didn't
80 Before Convention.
Kansas Politicians Getting Rich
in Oil Fields.

OF 46S delegates thus far elected to
the Democratic national convention,
Parker has 132 sure, Hearst has 121,
other candidates have 6S and the per-
ference of LAT is unknown.
All of those credited to certain can
didates are not instructed. But as they
have expressed their preference and in
dicated how they viii vote, they are
counted for that candidate. For in
stance Hearst is given in Florida, s
in Kansas, and in Montana who have
declared for him. To make 121 aor
Hearst it is also necessary to count 6
in Massachusetts which may not be
counted for him in the convention.
Ihey We're instructed for Hearst by the
congressional conventions which elected
them, but the state convention adOpted
the unit rule and the ajority of the
delegates are for Olney. Therefore il
VIII De checked up to the convention
Whether the six Massachusetts men
snau abide by their instructions or be
pound by the unit rule to vote with
the majority.
Maine, Ohio, and some other states
nave elected few delegates by con-
gressional districts. but the state con-
Ventions have not yet been held.
Six states viii hold conventions the
coming week as follows: Arizona on
Monday, Ohio on Tuesday, Alabama
anu LEllIESScG on Wednesday, and
Maryland on Thursday.
1t is said that PennsyIvania's biey vote
will very likely be for Parker IN the
convention, but this is not VET certain
West Virginia's u votes are instr11cte5
for German, and Wisconsin a few sIavs
ago instructed the 30 delegates from
that state for Wall a home candidate
The unit rule has been adonte7 IN
the District IT Columbia. Indiana Iowa
Alassac nusetts, New Jersey, New York
Pennsylvania Rhode Island south
Carolina, and Wisconsin.
The following table shows the del
egates elected thus far and their IN
structions or declared preferences;
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-05-21
ROOT MAKES HIS PLEA.
Former Secretary of War Argues
Northern Securities Case.

Newark, n J., May 21.-The hear
ing of arguments on the petitions of
E. H Hartman and Winslow s.
Pierce for an injunction against the
distribution of assets of the Northern
Securities company under the an
nounced plan, was continued before
United States Judge Bradford today.
At the opening of court it was decided
by Judge Bradford that the argu-
ments of Elihu Root, for the Northern
Securities company, and Attorney
Thatcher, representing the Oregon
Short Line bondholders, would be
heard here today, and that Messrs.
Guthrie and Johnson will be heard on
Monday at Trenton. Mr.. Root then
resumed his argument begun yester-
day. He maintained that the decision
of the courts did not adjudicate the
plaintiffs to be the legal owners of the
stock in question. and that the United
States circuit court, sitting at st. Paul,
had sustained his view. The equity
in the property held by people who
had bought in the open market he
argued, must prevail against the
claim of counsel for Hartman and
Pierce, and it would be entirely unjust
to these people who would be de-
prived of their rightful share in all
the stocks The extra $4,000, 600
which would accrue to the Hartman
interests he insisted would be at the
expense of the other stockholders.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-05-21
WRECK ON D. AND R. C.
Mrs. KeubIer, Who Had Been Visiting
in Kansas, Among the Injured.

Durango, Colo, May 21@Three
persons were seriously injured and
nine others slightly hurt in an acci-
dent to the southbound passenger
train on the Denver & Rio Grande
narrow gauge line near Chama. Those
seriously injured are:
Michael HuerIey, engineer, Du-
range: severely cut about head and
bruised; may not recover
Mrs A. F. KeubIer, Durango, re-
turning from a trip to Kansas; ribs
broken, chest crushed and spinal col
uInn injured, may die.
Joseph May, brother of Mrs. Keub-
Ter, hip crushed and internal injuries.
The engine, baggage car and mail
car tipped over on one side of the
track and the day coach and chair car
tipped on the other side. The accident
was probably due to spreading of the
rails.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-05-21

tion of Iaio Yang and Hal Cheng
were for the purpose of causing the
Russians in this vicinity to move
northward, thus giving the Japanese
an opportunity to complete their
Dreparations to capture Port Arthur.
When the Japanese begin determined
movement in this vicinity 1t will be
from Feng Wang Cheng ard New
Chwang. They figure that it does not
matter what may be the fate of the
Yalu army if they can continue to
control the sea and Port Arthur.
The Japanese are still fortifying the
hills on the neck of land between
Talien Wan and Kin Chou bays. Many
rapid fire guns protected by sandbags
have been mounted there with the
object of resisting a sortie of the be-
the woodwork of the water tanks of
the local railroad station this after
noon. 1t is believed this was part of
a plot to injure the railroad.
SkrydIof Hurried On.
Harbin, May 21.-The expected meet
ing of Vice Admiral SkrydIof and
Viceroy Alexieff has been postponed.
The admiral arrived here this morning
and found awaiting him the viceroy' S
orders to proceed to Vladivostok without
going to Mukden. Admiral Skrpdloff is
expected to return to Harbin. A por-
tion of his staff remains here to super
wise the dispatch of freight and cores
pondence for the warsnips of both
squadrons.
Cossacks in Korea.
Seoul. May p delayed in trans
mission) The japanese consul at
Gen San reports that about 500 Rus
slams occupied Kan KoW Clam
Heung), 10 miles north of Gen San.
looting by the Cossacks. The main
body of 5000 men is said to be fol-
lowing the force which occupied Kan
Kow.
ton north of Gen San. The consul
there believes that part of the force
which recently attacked Anju is re-
treating from Min Yeng. It is consid-
cred possible that the Cossacks have
had a base at Kyong Song for weeks
The Gen san garrison. which con-
sists of battalion of infantry, will
not take the initiative, but will await
an attack, which is not expected.
The Japanese authorities here are
inclined to ridicule the Russian move
ments on the east coast and wish for
the advance of a larger column, max
ing it worth while to cut it off. The
only sufferers. it is pointed out, are
the Koreans.
The Mitsui company has shipped
last years ginseng crop, valued at ST.
100000, from ChemuIpo to Chefoo.
French firm, have finally been set
tied. The Japanese secure five
years contract
Denied by the Russians.
st. Petersburg, May 21-6:30 P. NJ
In spite of the continued denials from
the admiralty here, reports emanating
from Russian sources are persistently
circulating that the Russian pratected
cruiser Bogatyr is on the rocks near
VIadivostok. Her exact position is not
reevaIed and Rear Admiral lessen, ac-
eording to- the reports is making de-
termined efforts to save her with what
IS considered to be a good chance of
success 1t is known positively that
the Bogotayr has not been blown up,
no necessity for such action having yet
arisen. It is believed to be likely how
ever, that the Japanese will make an
attempt to stop the salvage operations
There is a large dock at Vladivostok
and if the Bogatyr can be placed there
in the necessary reapirs will be made
without difficulty.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-05-21
sHowERs AnE PREpIcTED.
Cloudy Weather Prevails Today Over
Greater Part Of Kansas.

A trace of rain was recorded by the
rain gauge on the roof of the Colun-
bian building last night The sky to-
day and the forecast indicate more
rain.
The forecast for Kansas sent out to-
day is Fair tonight and Sunday, ex-
cept probably showers east portion
tonight Rains recorded over the
state last night We're as follows:
Dodge City, ~; Concordia, trace
Dresden, .OS; Mcpherson, 30; Man
haitian, .0S; Sedan OF; Toronto, 80 /;
Wichita, 20.
Today's corn and wheat region bull
letfn issued by Director Jennings says:
Partly cloudy weather prevailed this
morning over the greater part of Kan
sas and western Missouri Showers
have occurred in nearly all parts of
the state, with nearly an inch of rain
at Mcpherson. The day. or maxi
mum, temperature has fallen in the
central and western Counties
The maximum and minimum tenn
peratures recorded during the "a
hours ending this morning at O'Clock
were as follows. Baker, 82-56; Con-
cordia, 70-5S: Dodge City, 1884:
Dresden, 72-52;A Fort Scott sO-56
Hays City, 72-44s Macksvflle, $3.50:
Mcpherson, -64-5Ss Manhattan, s0-56 /;
Usage City 1880: Sedan, 72-54: To-
peka, 1851; Toronto. 6S-52; Wichita,
72-58.
The wind at noon was south. blow
ing II miles an hour. The hourly
temperatures recorded today by the
government thermometer We're as fol-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-05-21
BRITISH AMBUSHED
Thibetans Force the Red Coats to
Beat a Retreat

New York, May PA party of
mounted infantry with mail bags was
ambushed two miles from here on
Thursday, says a dispatch from the
London Times correspondent at Gyang
Use. Thibet The eighteen soldiers
composing the escort fought gaIIantly
but lost one man killed. two wounded
and seven horses killed and wounded
When Captain Ottley with a relieving
party came out II to Is Thibetans
We're seen. Ottley drove the enemy
across two farms but found them in
great numbers occupying villages on
both sides of the river four miles
south of Gyang Use and was COM
PEELED to retire.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-05-21

the present exorbitant freight rates
and prevent unjust discrimination
against persons or localities. ] solicit
the support at the primaries of all
those Republicans who believe that
the time has arrived when the gov
ernment should be administered for
the benefit of the people instead of in
the interest of any individual, faction
or corporation 1 am not and Will not
be the tool of any man. faction or cor
poration. H. / MAXWELL
Some Kansas politicians are getting
rich in the oil fields J. Mack Love
has Just sold his holdings in one COM
pany for $66, 600. They cost him only
$4,000 less than a year ago. 1t was
the Crescent Oil and Gas company.
which was organized by Arkansas City
mcn- They struck a good thing in the
Peru field, and have just sold out for
$36O,O00 The company issued 120.-
600 shares, and the members paid in
ten a share on them. Mack Love had
10000 shares, costing him 81. 000- His
share of the sale just made is $4,000.
The Lawrence Journal publishes the
following: Topeka is crying for
Stubbs. Topeka can't be reconcfled
to not having an elaborate Republican
headquarters run for the benefit of a
| lot of broken backed politicians and q
retinue of clerks and stenOgraphers.
mostly of Topeka, at the expense of
the candidates. Stubs is an innova-
| ton, of course, but if he shah sue
ceed in curtailing a six or seven month
political campaign every two years
to reasonable limits he will have
earned the gratitude of the whole peo-
pie of the state
There was a warm contest over the
nomination for representative in the
/ Harvey county Republican convention
yesterday. T. p Murphy was nomi-
mated over g. a. Seaman by the close
vote of 9S to 81 Other candidates
nominated were l. J. Patten, probate
/ judge; G. L. Hand, clerk of district
court; E. c. Willis, county superin-
\ tendent; Ezra Branine. county attor-
ney; 7. 5. Rlanpied, sheriff: DR.. f. L.
l Abbey, coroner; F. D. Kaufman.
treasurer; s. R. Macarthur, register of
/ deeds, and O. P Vaughan, county sur
/ veyor. The resolutions adopted de-
/ clared in favor of the passage of a
law making it unlawful for state, dis
| trict or county officers to accept free
transportation from railroad COM
| panies.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-05-21

Alfred J. Cammeyer. the leading re-
tail shoe merchant of New York city,
and of America, will have his represen-
tative at the Throop hotel, Saturday,
May II, day and evening, with a com
plete sample exhibit of footwear, to
make good to the public his worldwide
boast, that he sells the best footwear
that are made for the least cost to the
consumer. The public are cordially in
vited to call and examine the stock
and to make q trial of our boots and
shoes. These samples represent the
newest New York styles, and the latest
fashions in footwear for men. wo-
men and children. No one runs a risk
in dealing with Cammeyer. as he fully
guarantees all his goods.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-05-21

The follOwingg states are yet to hold
conventions. They will be held on the
dates given. Where no dates are
named the conventions have not yet
been called:
Alabama. May 25; Arizona Territory.
May 23; Arkansas, June IA: Colorado,
June Z; Delaware, -; Georgia, June
l; Hawaii, June s. Illinois, June 2I:
Indian Territory, June 16: Kentucky
June s; Maryland, May 26: Michigan,
June I; Minnesota, June p; Mississippi,
June 10; Missouri June %; Nebraska
June /; North Carolina, June 28; North
Dakota, June p; Ohio May "a; Okla
hOma, June /: Tennessee. May 25:
Texas, June 8; Utah, June 8; Yer
mont, JUNE p; Virginia, June 9; Alas
ka, -; Wyoming, -.
Governor Bailey will not appoint
judge for the Ninth judicial district to
succeed the late Judge Simpson until
some time next week. He has been
notified by Republicans in both Har-
vey and Mcpherson counties that dele
cations will be here from each county.
The county convention was held in
Harvey county yesterday, and in addi-
tiOn to nominating a county ticket,
the candidacy of c. E. Branine for dis
trict judge was endorsed. There has
been a little friction there as Senator
Branine's brother was a candidate for
county attorney. and some of the Re-
publicans thought it was too much to
nominate one man for county attorney
ana e1QOfS6 MS DGOLn6T LOT QlSlIlCL
judge, but the convention did it.
Governor Bailey says he does not
know who is to be the Mcpherson
county candidate, but he has been noti-
fed that Mcpherson county will be
here in time. and ne has been asked not
to make an appointment until the
claims of Mcpherson county are heard
When it came to the test in the Pot
tawatomie county Republican conven-
ton yesterday. the name of B. H. Tracy
did not go before the convention for
representative. and T. r. Eddy was
easily nominated The machine" cry
did little good to the Burton people
Tracy and his supporters claimed that
Eddy is a machine man, but he was
nominated just the same.
The rest of the county ticket is as
follows: Treasurer, Morton Johnson.
register F. S. Haaeke; sheriff. Del
Hobbs; probate judge, r. E. Rose;
clerk. Charles Grutzmacner; attorney
r. S Hick- surveyor, H. E. Barrett
suDerintendent George Codding; clerk
of court, z. S. Francis; coroner, J. w.
Wilhoit; commissioner, Third district,
E. e. Huey: Commissioners, Second dis
trict, Albert kollerman
Fl. /. Maxwell, one of the numerG
Gus candidates for the Republican
nomination in Mcpherson county,
gives his platform in his announce
ment. 1t is as follows:
II hereby announce myself q candi-
date for the Republican nomination
for state senator of the MCPHERSON
I Harvey county district. I stand for
an honest and economical administra-
ton of state affairs. believe one of
the most important issues before the
people is the regulation of railroads,
and if nominated and elected viii de-
vote my energy toward securing the
passage Of legislation that viii reduce
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-05-21

New York, May 21.-The flagship
Kentucky, with Admiral Evans oi
board which left Funcha1 for Nev
York. May IL, arrived Off Sandy HooI
this morning.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-05-21
Weather Indications.

Chicago. May 21.-Forecast for
Kansas: Fair tonight and Sunday ex-
cept probably showers in east portion
tonight; so1theriy winds.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-05-21
River Is sin FalIing.

The Kansas river continues to fall.
The gauge on the Rock Island bridge
this morning registered II feet.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-05-21

lcontinned on Pase -