davidaulloa/AmericanStories huggingface dataset:
The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1905-12-28
III EXPLANATION

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The Topeka state journal., 1905-11-13
REHEARNG GRANTED.
In the Government Case Relating to
the Philippine Tariff.

Washington, Nov. 19.-The supreme
court of the United States today grant
ed the motion of the government for
a rehearing of the cases of Warner,
Barnes & Co, and Lincoln, both
against the United States involving the
right of the government to collect tar
iff duties in the Philippine Islands on
goods shipped in from the United
States subsequent to the ratification of
the treaty with Spain and prior to the
enactment of legislation by congress.
The hearing was set for January 2,
after other cases on the call for that
day. BY order of the court the argu-
ment is to be confined to the single
question whether congress ratified the
collection of such taxes The cases
We're decided during the last term of
the court against the government The
attorney general made a vigorous ef-
fort to secure a reopening of them in
which he was strongly supported by
Secretary Taft. If the final decision is
against the government about four
million dollars will be required to set
tie the claims that will arise.
The Topeka state journal., 1905-11-13
SWEEPING DENIAL.
w. H. Andrews Files an Affidavit in
Enterprise Bank Case.

Pittsburg, Pa, Nov. 13.-William II.
Andrews, territorial delegate from New
Mexico, filed an affidavit of defense to-
day to the suit entered against him by
John B. Cunningham, receiver of the
Enterprise National bank of Allegheny.
Andrews denies the debt of SIC, 900 al
legged to be due on two checks, claimed
to have been drawn by F. r. Nichols
on the Enterprise National bank to the
order of Nichols as bearer, and the
other to the order of Andrews. He
AYERS that both checks were drawn at
the instance and request of the cashier
of the bank, for the accommodation of
the bank to secure certain currency
thereon for use of the bank and which
currency to the amount of $4,000 was
secured thereon from other banks in
Pittsburg and paid and delivered into
the hands, possession and custody Of
the Enterprise National bank, on or
about the date of the drawing of the
check.
Andrews AYERS that neither he nor
Nichols ever in any way, directly or in
directly, received any benefit, adVan-
tage, credit or cash, upon, or by virtue
of the checks.
Andrews AYERS further that on No
vember I, 1905, he paid Receiver Gun
ningham ST, 765 in cash, on account of
the claim made in this suit. He denies
he ever at any time unlawfully and
fraudulently conspired with Nichols. T.
LICE &ldl h. CdS44lC1 VI 1ilS OA14Ct RCA SOAig
to unlawfully procure any funds, or
that he requested Nichols to execute
any of the negotiable instruments sued
upon, in pursuance Of any unlawful
conspiracy, or that Frank J. McAanus
and A. L. Bentley, or either of them, or
both, ever made or accepted any ne
gotiable instrument sued upon in this
case at the instance and request of the
defendant in pursuance of any unlaw-
fu1 conspiracy.
The defendant saws that he never a +
any time procured from the Enterprise
National bank any money upon any
written instrument sued upon in this
case, or in any other way, in pursu-
ance or as the result or because of any
unlawful or fraudulent arrangement or
conspiracy with the officers of the bank
or any of them. or with any other per-
son; and he AYERS that all transactions
with the bank, including those sued
upon, were regular. legitimate, and
done in the due course of business, and
in accordance with the correct banking
usage and practice
The Topeka state journal., 1905-11-13
NEARLY PANIC.
On the Russian Bourse Caused by
Martial Law in Poland.

st. Petersburg, Nov. 1880 p. NJ
The formal proclamation Of martial law
throughout Russian Poland and the pro-
mitigation of the governments intention
to suppress the Polish movement to Sc
cure autonomy almost created a panic
on the bourse today. Imperial fOurs
again fell to Sc. Industrials seem to
have no bottom.
The city is full of rumors to the effect
that the imperial ukase was issued over
Count Wittes head at the instigation of
the reactionaries which is equivalent to
the counts retirement but it can be
stated with positiveness that the action
was taken upon the premier's advice.
Count Witte favored and impressed on
his majesty the advisabiIity of restoring
Finland's constitution and reversing the
policy of the classification of the grand
duchy but to surrender autonomy to
Poland after all the old grievances of the
Poles had been Tedressed and they had
been placed upon an equality with Rus
SLAMS the county considered would only
be a prelude to an attempt to set up
the ancient kingdom as an entity and
would involve ultimately either the dis
memberment of the empire or the neces-
sity for bloody suppression such as mark
ed the revolutions of 1881 and 1863. It
was regarded as wise therefore to take
the bull by the horns and let the Poles
understand that the separate movement
would not be tolerated and until they
came to their senses further efforts to
place in operation the reform manifesto
would be suspended.
The Topeka state journal., 1905-11-13
Included with Them Is a Mum.
ber Of Railroad Companies.
Government Charges Violation
of the Elkins Law.
TO OBTAIN REBATES.
Brewers Charged With Making
Contracts With Themselves.
And Intimidating Other Defen-
dants Into Concessions.

Milwaukee, Nov. 13.-United States
District Attorney H. K. Butterdeld and
Assistant Counsel Charles Quarles to-
day fled a complaint in the United
States circuit court against the Mill
Waukee Refrigerator Transit company,
Pere Marquette Railway company,
Missouri, Kansas & Texas Railway
company Chicago, Rock Island & Pa
cifc Railway company, st. Louis & San
Francisco Railway company, Wiscon-
sin Central Railway company, Chicago
& Alton Railroad company. Erie Rail-
road company and the Pabst Brewing
company. charging the various con-
Germs with violating the Elkins law
prohibiting rebates, determinations
and concessions.
The complaint says the Milwaukee
Refrigerator Transit company is a.
Wisconsin corporation organized
among other things for the purpose OF
acquiring and operating refrigerator
cars for the carriage of freight on the
lines operated by the defendant rail-
road companies named and of other
railroad companies throughout the
United States, that said Milwaukee
Refrigerator Transit company was
conceived and organized and its busi-
messed has been and is being moor
porated and carried on as device Tor
the purpose and with the intent of eX-
acting, soliciting and receiving from
the said defendant railroad companies
by way of rebates, concessions and dis
examinations a large proportion OF the
moneys received by the said defendant
railroad companies for the transporta-
tion Of freight for the purpose and
with the intent to evade and violate
the Elkins act
The complaint further charges that
large sums of money under the name
and guise of Commissions to wit,
from 10 TO 12R per cent. of ali the
moneys paid to the said defendant
railroad companies as freight rates is
paid to said defendant company.
The complaint AYERS that upon or
ganization of the Milwaukee Refrig-
Pabst and Frederick Pabst, as the eX-
ccutiVe and controlling officers of the
Pabst Brewing company, made a writ
ten contract with themselves as the e2-
ecutive and controlling officers Of the
Milwaukee Refrigerator Transit com
pany, whereby said Pabst Brewing
company bound itself for a term Of
years, which has not expired, to give
to the Milwaukee Refrigerator com
pauy the shipment and exclusive con-
troll of the shipment Of all their prod
ucts and all the freight of the Pabst
Brewing company.
The complaint also alleges that 'sall
the rebates, concessions and discrim-
nations herein charged have been and
are being exacted from the above rail-
road companies by force of threats of
the said Pabsts and said Milwaukee
Refrigerator Transit company to di-
vert the said traffic from said COM
panies' lines. unless said rebates and
concessions are granted"
The court is asked to issue sub
poenas in chancery to the different
companies and an effort Will be made
TO induce Judge Seaman to take up
the matter summarily.
The Topeka state journal., 1905-11-13
DAVIS TAKEN TO KANSAS CITY.
There the Child Abauctor Must an.
sver Perjury Charge.

The statutory charge against w. J.
Davis who enticed q little 15-year-old
girl to Kansas City, Kansas, last week
and then married her was dismissed in
the city court this morning on motion
of the assistant county attorney.
It Is the theory OF the county officials
that it will be a much easier matter to
convict him of perjury for false swear
ing to obtain the marriage license than
it would to convict him on the other
charge.
Bessie Ladd, the girl he married,
seems infatuated with Davis Who is a
man older than her own father and as
he passed the door Of the county attor-
ney's office this morning she impIored
her father to let her speak to him. This
being denied her she watched until he
passed the door on his return to the
county jail in the custody of the sheriff
When she waved him goodbye.
When the couple arrived in Kansas
City they were met at the depot by a
woman several years older than the
Ladd girl who accompanied the couple
to the probate judges office to secure
the required license. The woman who
met them at the train is supposed to
have impersonated the bride to be as it
is very unlikely that the probate Judge
would have issued the license. Davis
will be taken to Kansas City this after
noon by a deputysheriff who viii come
after him armed with a warrant charg-
ing him with perjury. The penalty on
the statutory charge upon which he
was first arrested is five years in the
penitentiary while the penalty on the
charge upon which he will be tried is
seven years at hard labor.
The Topeka state journal., 1905-11-13

Bishop Merrill had been attending the
sessions of the general committee of
missionary societies of the eMthodist
Episcopal church, meeting in Brooklyn.
Yesterday morning he preached in the
Fleet Street Methodist Episcopal
church of Brooklyn and in the after
noon went to Keyport. to conduct ev-
ening services there. His illness came
on suddenly during the evening.
Stephen Mason Merrill was elected to
the bishopric of the Methodist church
in 1872. He was born in Jefferson
couaty, Ohio, September IS, 1925, his
father. Joshua Merrill. being one of the
early settlers of that state. Bishop
Merrill entered the ministry from the
Ohio conference upon his majority. He
occupied various charges during the
following % years and the trials and ex-
In 1868 he was chosen as editor of the
Western Christian Advocate and re-
naainea ia that position until his eleya-
tion to the 'bish0pric in 1872
Bishop Merrill was the author Of
various books, the majority of these
religious in nature, among them being
Christian Baptism, Digest of Methodist
Law. Union of American Methodism,
Crisis of the World etc.
The following degrees, honorary, were
conferred upon Bishop Merrill: D. D.,
Ohio Wesleyan university, 1858; IL. D.,
Northwestern uniz ersity, 1886.
The death of Bishop Merrill may
lead to the election of Rev. J. T. Nc
Farland TO the bishopric as he is con-
sidered to be directly in line for the
first vacancy
The Topeka state journal., 1905-11-13
ENGINEERS SATISFIED.
They Have No Grievances Against
Santa Fe Says Chairman Hurley.

Members of the grievance commit
tee of the engineers employed on the
Atclison, Topeka & Santa Fe railway
system proper, that is the line from
Chicago to EI PasO. began their an
nual meeting here today and sessions
of it will be held during the remainder
of the week. Fifteen engineers are in
attendance at the meeting, the sessions
Of which are held in the Knights of
Pythias hall at Sixth avenue and
Quincy street, and their deliberations
are being presided over by Myer Hur-
ley of Argentine. the general chairman
of the committee.
Mr.. Hurley said today that the en-
gineers had no grievances of any mo-
ment this year to take up with the Of
f1cers of the road, but that before the
week is over a conference will prob
ably be held between the engineers
and James E. Hurley the general
manager of the road. and perhap ps
some of the other officers, at which the
conditions as they exist among the
engineers will be talked over. These
conferences are of yearly occurrence,
and Mr.. Myer Hurley was emphatic
in saying that no important grievances
of any kind were before the commit
tee for consideration, OF presentation
to the officials of the company.
There is little work for the commit
tee to. do except the transaction of
routine business incident to such an
organization. No officers are to be
elected this years as they were elected
for a term of two years. a year ago.
Neither will the committee have to re-
new a contract with the Santa Fe as
the present one is still in force for an
other year.
The Topeka state journal., 1905-11-13
GROCERS CASE IS UP.
Question of Rates Being Considered
by Railway Board.

The grocery commodity case, which
was to have commenced this morning
at 10 clock before the state board of
railroad commissioners. was post
poned until 1870 this afternoon on ac-
count of the nonarrivaI of Geo. w
WheatIey of Fort Scott. Shortly after
the case was postponed and the at
torneys and witnesses had scattered,
Mr.. Wheatley appeared, and the board
put in the morning going through the
routine correspondence.
A E. Helm. H. L. Riesing and a
number of rate men representing the
wholesale grocery houses of interior
Kansas points, are in the city for the
trial, and J. H. Atwood of Leaven-
worth and large number of railway
freight officials and attorneys, will
represent the other side of the con-
troversy.
1t is likely that the hearing viii
continue for couple of days. The
week promises to be busy one for
the commissioners. They will hear
the St. Marys application for the stop
ping of Union Pacific fast trains there,
and following that viii take up the
grain rate question.
The Topeka state journal., 1905-11-13

PARSONS MAN DENIES.
Says He Didn't Discuss Labette
Liquor Situation.
Attorney General Coleman
Denies Loss of Evidence.

P T. Foley of Parsons was in Topeka
today and had a long conference with
Governor Hoch. As to the subject of
that conference, the reader can pay his
money and take his choice.
Governor Hoch says it was ahout the
liquor situation in Parsons and Labette
county; Foley declares that the con-
versation had nothing to do with that
matter.
It will be remembered that Mr. Foley
is the man who made public a letter
concerning the payment of certain
dues to the Parsons Commercial club
by a brewing concern by which that
brewing concern should be allowed to
sell its product in Parsons. A rival con-
Germ managed to get a grip on the legal
machinery, with the result that it froze
everybody else out. Foley gave to the
press a letter from the ousted brewery
which explained the whole situation.
Since the letter was printed" said
Foley today, Everything has been very
nice and quiet with US. The joints in
Parsons are practically all closed. The
mayor seems to be pretty badly scared.
really did not intend that the letter
should be printed. I had been carrying
it around in my pocket for. about four
months, and showed it to a number of
1t, and printed it. But it seems to have
stirred things up"
You were here to talk with the COVER
nor about the situation, were you not?"
mo-" said Mr.. Foley. Il came to see
him about an entirely different matter" "
''WiIl there be an assistant attorney
general appointed for Labette county2''
Il really don't know as to that" re-
piled Mr. Foley.
Governor Hoch said, when asked as to
the nature of Mr.. Foley's mission:
He came to see me about the liquor
situation down there"
Ibid he ask for the appointment Of an
assistant attorney general?''
HE didn't exactly ask for it, replied
the governor, but [ gathered from ms
remarks that he thought it might be a
good thing
There have been no assistant attor-
ney generals appointed for some time
Governor Hoeh and Attorney General
Coleman seem to be waiting to see
how the present force will make out.
1t is said that some days ago, the
sheriff of a certain county in which an
assistant attorney general has been ap-
pointed came to Topeka and gave the
information that the assistant county
attorney in his county had drunk uE
all the evidence which he had accumu-
lated in several joint raids. This state
of affairs was brought to the attention
of General Coleman, it is said.
When asked concerning the matter
truth in the report The state officers
seem to think that the attack is in
spired by jealousy of the regular county
officials who think that the assistant
a attorney general is usurping their func-
tions.
The Topeka state journal., 1905-11-13
HE BLABIEs THE CITY.
DR.. s. a. Boam Charges omciaIs With
Loss of Surgical instruments.

DR.. S. A. Boam claims that he has
had $3.50 worth of surgical instru-
ments stolen from his Office during the
Jensen fire through the negligence of
the cit ypolice and fire department.
He hasn't decided at this time
whether he viii lbring claim against
the city or not. He said: when the
fire broke out I had the surgical in
struments in my Office in the front
part of the building. Some time dur
ing or after the fire the instruments
were stolen. When got down early
the next morning I found the doors
leading to the room open, though
Chief Wilmarth said that he had lock-
ed them. 1 don't know whether the
fire department broke in the doors or
not, but the office was open. 1 spoke
to the mayor about it and he said that
eomething would be done.'
1.-THE city is not going to pay for a
los sof that kind when it was reported
ten days after the fire." said the
mayor. DIR BoaIn was up to see me
but nothing further has been said.
told him that we would keep a watch
out for the stolen instruments and try
to get them back
The Topeka state journal., 1905-11-13
FIVE new CASES.
Diphtheria sdn on the Increase in
Topeka.

Diphtheria seems to have broken
out with renewed vigor in Topeka.
Within the last twenty-four hours the
sanitary department of the city has
quaraptined five new cases of that
disease.
Two of the cases exist in families
which have at one time during the
fall been under quarantine for diph-
iberia. Eleven cases of diphtheria
have already been recorded for the
month of November.
The new cases reported to the city
board of health are as follows. w l..
Jeury. PIT Twis avenue; W. z. Day,
124 Holman avenue; H, Z. Campbell,
1903 Washington street; W. E. Smith
1920 West Norris; J. p. Cowell, 1905
West Laurent.
In October there were five deaths
from diphtheria.
In accordance with instructions
from Secretary Crumbine of the state
board of health, the physicians of To-
peka viii hereafter be required to re-
port all cases of typhoid and tuber-
culosis to the city health department
Notices will be sent out to the physi-
clans of the city by Sanitary Sergeant
Pathson informing them of the new
ruling. Heretofore cases of dipntheria
smallpox, chickenpOx, measles and
scarlet fever have been the only dis
eases which We're required to be re-
ported.
The Topeka state journal., 1905-11-13
ALMOST CUT IN TWO.
Gasoline schooner Struck Amidships
by Light House Tender.

San Francisco, Nov. ia collision
on the bay this morning resulted in
the loss of one life. several narrow es-
capes and the wrecking of a small yes
sci. The gasoline schooner NonparieI
was backing out from the Jackson
street pier at $50 o'clock when she was
run into amidships and almost cut in
two by the United States light house
tender .Ladrone, which was going down
the bay at full speed.
Captain William Murphy, of the Non
pariel, and Deckhand G. Boer were
was rescued. but Boer was carried un-
der by a strong current and drowned.
Several other sailors were in peril,
but none was injured.
The disabled schooner was rapidly
sinking. but tugs succeeded in hauling
her on the mud flats at Mission bay.
The Ladrone was not seriously dam
aged.
The Topeka state journal., 1905-11-13
MUST BE FIXED.
Companies VIII Be Forced to Repair
Holes in Pavement.

The plumbers, the Consumers Gas
company, the Edison Electric COM
pany and the telephone companies
win be required to repair the asphalt
streets where they have been torn up
by them in making excavations. The
repairs will necessitate the expenditure
Of upwards of $500 on the part Of
these firms.
The city is going to attempt a. little
repair work on It's own account TO the
extent Of s100 on Harrison street and
also on Ninth street, west. City En-
gineer 4cCabe and Mayor W. H. Davis
have decided to let John Bradley, paw
ing contractor, have the contract.
Taking advantage of the repairs which
are being made at this time the city
engineer will serve notice upon the
firms which excavated in the paved
streets that repairs on the asphalt
pavement for which they are respon-
sible will have TO be made at this time.
James MeCabe, city engineer, said this
morning. Il am going to serve notice
on these firms that they viii have to
make repairs and if they neglect to do
so l shall not issue any more excava-
ton permits to them. Each of these
firms has d $4,000 bond on file with
the city to guarantee that they viii
maintain the Davements in good con-
ditiOn. We have not insisted upon
them to repair before this time be
cause we had no patching plant in the
city. Mr.. Bradley assures me that the
cost viii not exceed 81 per square yard
and it will probably be cheaper than
that There is a lot of this pavement
which these firms will have to repair.
I don't believe that it viii run higher
than $50 or $50 for each of these COM
panies but in the aggregate it Will
amount to quite a great deal.
Il don't know exactly what effect
this will have upon the contract
which the city has with the Barber
Asphalt company for repairing the
pavements. That has two years to run
yet The contract specifies $1.58 per
square yard. If the Barber company
contests this letting of a contract to
John Bradley we may have to pay the
S1.5S in addition to the Barber com
pany. That is something which the
city attorney will have to decide"
If the city discovers it is not taking
a load of trouble on its shoulders by
entering into the Bradley contra ct
further contracts will be let to repair
the asphalt pavements where patching
can place them in serviceabIe and
durable condition.
The Topeka state journal., 1905-11-13
WILL TAKE QUlGLEY.
Washburn to Furnish One Official in
Colorado.

In order to avoid the trouble which
Kansas university encountered about
officials when it went to Colorado,
Washburn will take e. c. Quigley of
st. Marys along to officiate in the two
games which it will play out there on
Nov. IS and 25. QuigIey has always
given excellent satisfaction in Topeka,
and is a good official
Kansas was inclined to criticise the
officials which Colorado furnished for
their game two weeks ago. They said
they did not get a square deal. Some
years ago, when Washburn played the
d. A. C. and was beaten by a score of
to 0, the Denver people themselves
admitted that the game was prac-
tfcally stolen for Colorado by the Of
ficials, one of whom is said to have
had money on the contest. Such ex-
perience does not give the Washburn
people the utmost confidence in the
intention of Colorado people to give a
fair deal to visitors.
Manager Stahl of Washburn is in
Enporia today, acting as an official in
the game between Fairmount and the
state Normal.
The only game in this section of the
state which will attract much atten-
ton next Saturday is between Kansas
and Haskell. Haskell always gives
Kansas a hard battle. The game will
be played in Lawrence, and good
many Topeka people will attend.