davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-26
WAS AN ACT OF GOD.
Judge Pollock Makes Important De-
cfsfon in Railroad Suit.

Kansas City, Kan, Jan. 26--Judge
ohn c. Pollock of the Kansas federal
court, now sitting here, gave an opin-
ion yesterday in the case of the En-
pire and Minnesota cattle companies
to recover $4,000 from the Santa Fe
railway for the loss of cattle during
the food of 1903, in which he decided
in favor of the railroad company,
holding tina the 1ood was an act of
God and that all persons whose prop
erty vas destroyed thereby must bear
their losses alike The opinion is con
Sidered by lawyers to be OF much I'M
p%ortance in the flood suits now pend
ing in both the federal and Wyandotte
county courts.
h Santa Fe railway was shipping
cattle from Texas to South k for
the cattle companies. At Kansas City
the cattle were caught in the flood
and many of them were drowned
The companies sued, alleging the rail
way should a sent the cattle by
another route, when it was known
that the Kaw river was greatly swollen
by rains. The railway set UP as a de-
Tense that the flood was an act of God
and in the trial of the case, which has
consumed a week, showed that all
other routes were crippled by wash
outs. At the close of the evidence the
attorneys for the railway asked that
the jury be instructed to bring in a
verdict for them on the ground hat
the cattle companies had failed to
prove their case. The instruction was
granted and it was in connection with
it hat the opinion was given.
The opinion, which overs twenty
five typewriter pages, ~recites at length
the conditions in Kansas City, KAN,
during the food. It states how much
property was left by the people which
might nave been saved had they
thought how great a rise was coming.
MANY had to be rescued in boats,
saving only the clothes they wore, and
some remained too long and were
overtaken and drowned" the opinion
avs THE matter must not be meas
ured in the light of subsequent events
as we see them today, but as a person
of diligent care would have done at
that time in his own affairs"
A number of decisions in cases of
great loss by earthquakes, 1oods and
other calamities, and opinions of oth
er judges on what is necessary to con-
stitute an act of God are then cited
and the opinion closes by saying:
1T was a serious loss and a great
hardship upon the plaintiffs, but, in
judgment, must be borne by them
as like losses are borne by others
with property unfortunately situated
in this unhappy valley at that Inflated
time"
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-26
TESTIMONY BEGINS.
Examination of Witnesses by Interna-
tionaI North Sea Commission.

Paris, Jan. 26.=The international
commission to inquire into the North
sea incident has begun hearing wit
nesses. The meeting of the commits
sion was attended by a score of sea-
men and fishermen from Hull, giving
the session a somewhat nautical as
pect. h first witness was Captain
Wood, of the steamer Zero, plying be-
tween Hull M Copenhagen He said
that on the afternoon preceding the
occurrences of October % he saw two
Russian squadrons proceeding west
ward. The locality was unusual for
Warships.
Question. Were the warships fol-
lowing the course h~abitually taken?
Answer. No. They were to the
west, and not in the normal course.
The witnesses added that the squad
rons were proceeding at about twelve
knots. He did not see any other war
ships during h voyage.
Vice Admiral Doubassof (Russian)
cross examined the witness and asked
what distance the squadrons were out
side the usual curse.
Captain Wood nswered that the
ships were ten to twelves miles from
the ordinary route.
Captain Wood further testified that
he saw a strange steamer during the
afternoon. She appeared to belong to
a Transatlantic line and had two
masts and one funnel. 1t vas a type
of ship not frequently seen in those
$4,000 ~
(Great Brittany appeared to be spe-
cially interested in this statement, re-
curing the witness to repeat it.
George Beeching, manager of the
trawlers' presented a minia-
ture model of a trawler. The court ex-
amined it infinitely and also the signal
lamps and flags used by trawlers. Mr..
Beeching lengthy explained the fishing
process. Admiral Fourier, of France,
mildly demonstrating against -extraneous
evidence.
Counsel for Great Britain asked
o. h night in question, had any of
your boats embarked torpedoes or other
engines of warfare?"
mot at ALL"
''Were any japanese on board?'
at never beard them spoken of, and
eve heard a reference to any Japanese
warships being in the neighborhoOd."
Counsel for Russia cross-examined the
witness for the purpose of bringing u
if possible the resemblance of a traw-
Ter to a torpedo boat.
rs it possible to confound a torpedo
boat with a trawler without sails?'
mo; that is impossible"
The witness added that the company
at Hull received constant reports from
the fleet. No reports showed that any
strange boat had Joined the trawlers.
William Shears, steward, and Thomas
Carr, vice admiral of the trawling fleet,
gave testimony practically the same as
thai before the board of trade invesui-
CATION.
The Russian counsel sought to show
that there were discrepancies between
the present and former evidence of
these witnesses. Shears was positive
that there were no japanese aboard any
of the rawler and Carr CAV a vivid
description of the approach of the Rus
sian warships, the play of their search
lights and the cannonading, which last
ed % minutes. When he closed Admiral
Fourier (French) complimented him on
wearing a medal in recognition of his
services in saving lives.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-26
Contract for onter ReIt.

Kansas iCty, Jan. EN-. P. Paret,
chief engineer of the Kansas City,
Mexico & Orient, last night confirmed
the report that he had received in
structions from General Manager
Dickson to let he contract for the
construction of the Outer Belt. The
work is to go to L. J. Smith and will
involve an expenditure of $4,000 600,
which does not include the laying of
ties and rails. The total expense is
estimated at 100000.
The proposed Outer Belt line will
extend from a junction with the Mis-
souri, Pacific and Chicago Great West
ern tracks in Kansas City. Kan, to a
point parallel with the freight yards
of the Orient railway on the north
bank of the Kaw river, two miles
above Kansas City, Kan. The line
will proceed along the bank of the
Kaw river to a junction with the Kan
sas City Belt and Suburban Belt line.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-26
Aereement Goes to Pieces.

The agreement of western railroads
to allow divisions of through rates
to industrial railroads has gone to
pieces. The Merchants Lighterage
company, operating barges On the
Chicago river, which was classed with
the Industrial railroads, issued a cir
cular to shippers announcing that 1t
was prepared to handle irelght 10 ai
railroads. except the Rock Island and
Great Western
The Rock Island sent a copy of the
letter to Chairman Mahoney. of the
western trunk lines committee, with a
notice that the Rock Island would
resume at once joint rates and divis-
ions with the lighterage company
Chairman Mahoney tried to induce the
Rock Island to withdraw its notce,
but it refused to do so, stating that 1t
had satisfied itself thai other western
roads had violated the agreement, n
were dividing rates with industrial
railroads and the lighterage company.
interstate commerce commission
recently ruled that such divisions We're
practically rebates to the shippers
controlling the industrial lines
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-26
RATES ARE TOO HIGH.
Stock Men Ask Interstate Commerce
Commission for Relief.

Washington, Jan. 26.-Ex-Senator
Harris has arrived in Washington
from Chicago in the interest of the
various live stock associations of which
he is a member All those associations
are vitality interested in interstate
legislation Senator Harris
IS the special representative of the
American Shorthorn Breeders assOcia-
ton, representing 5000 breeders Of
thoroughbred Shorthorns, vice president
of the Interstate Cattle Growers eX-
ecutiVe committee and vice president
of the National Live Stock association.
representing all the live stock interests
from the Missouri river to the Pacific
All Of the live stock interests with
am associated, said Mr.. Harris,
want n power Of the interstate COM
merce commission enlarged. I have
never seen the public more concerned
on any proposition than on the pro-
posed railroad legislation. If the SEN
ate interstate committee be-
gins its hearings Fssday. as has been
/ will appear before the
committee and make our presentation.
Much has been accomplished by cur
face to face conference with the traffic
managers of a dozen railroad com
panies in the way of facilitating the
movement of cattle trains and the
packing houses have promised US a
five days market in Chicago and Kan
sas City Instead of two. A majority of
the packing houses have shown a. dis
position to treat us fairly. The cattle
interests have lost millions of dollars
IN the last year and the packers are
beginning to realize that this annot
continue
Mr.. Harris viii call on Secretary
Wilson and request him to assist in a
presentation to be made to the secre-
tary of war in regard to the use of
American cattle and hogs by the army
in the Philippines.
Mr.. Murdo Mackenzie Of Trinidad.
Col, general manager of the Matador
Land and Cattle is also here
to urge interstate commerce legisla-
ton.
The company of which Mr.. Mac
Kenzie is manager has IL million acres
of inclosed pasture lands on which
Craze 10000 head of cattle. In an in
terview today Mr.. Mackenzie said:
There is no disposition on the part
of our western breeders and shippers TO
ask the enactment of any unreasonable
law. but at the same time it must be
remembered that the cattle rover are
sOrely distressed and unless some rem
edial legislation is granted they viii be
forced to the wall. 1t is a great in
dustry that is seeking relief. an in
dustry which appeals directly to every
home in the land. Seven years ago the
rate or n carload of beef steers from
the Panhandle of Texas to k was
$50, but today the charge for the same
service is 500. From Texas points 10
Kansas City within that time thereI
has been an increase of from SIS to
SIS per carload. It would seem only
fair. in view of these conditions. that /
some impartial body hould have the
authority to say what rate was reason
able and just and this should be the |
established rate until otherwise decid-
ed by the courts"
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-26
TO SAVE HIS LIFE.
Henry Hfrt Tcstifes Why He Killed a
Brakeman.

Abilene, Kas., Jan. 26.-Henry Hirt,
aged %, a farmer boy Of Morris county,
has been on trial for two days charged
with h murder of Herman Duval, a
Rock Island brakeman, at Herington.
Hirt was acquitted today.
Duvals wife and her brother, Fred
Willig, We're walking with him on
Christmas eve in HeringtOn. Duval
carried a lantern ana was walking be-
tween the theirs Hirt, who had been
in the town but a rev weeks, met
them. Mrs. DuvaI and Willig testified
that he collided with them and called
IVA a vile name. Hirt says ne
crowded against the fence to let them
pass, that Duval stopped and struck
him with the lantern, then kicked
him, driving him to the edge of the
sidewalk Hirt say he was severely
hurt. n i'm order to stop Duya shot
at him, killing him instantly. When
asked, why did you IRE that shot?"
his reply was. ITO save my life"
The city marshal testified hat he
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-26
WANTS BIG DAMAGES.
Parties in Chautauqua County Ask
$1,000 From Missouri Pacific.

Parties in Chautauqua County Ask
100000 From Missouri Pacific.
The largest damage suit yer fled
IN the district court of Chautauqua
county was filed by J. H Sullivan, of
Cedarvale, against the Missouri Pa
cifc railway. 1t was for damages for
personal injuries received in the War
r~ensburg wreck on October 10. He
asks for S3O.066. At the same time
two other suits were filed by L. Il.
Sullivan, father of Susie and Neal Sui
livan, who were also hurt in the
girl and $1,935 for the boy. Jackson
& Noble, of Winfield, are attorneys for
the Sullivans.
that he is permanently injured and
that he sas making $4,000 a year
prior to being hurt. He asks for
$~30,066.30, as follows: Medicines and
medical attendance, $4,000; suffering
mental anguish, 1 1000; unused rail-
road ticket, $3.50; clothes ruined.
$40; board paid day of wreck, $3.50;
loss of future time, $4,000.
L. H. Sullivan asks $1,935 for his
minor son, Neal. as follows: Medical
attendance. $500; mental anguish.
$1,000; railroad tickle unused. S.;
clothes ruined. $50; loss of time on
account of permanent injury, $500.
Tor his daughter, Miss Susie, Mr.. Sui
Ivan asks $30,108. as follows: Med
ical attendance, $4,000: mental an
guish and suffering. $40, 900; for per-
manent injuries, $1,000; unused rail-
road ticket, $3.50; clothing ruined,
81. 0O.-Sedan -TimeS-Star.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-26

Joplin, Mo, JAM ga railroad
that will be of vast Importance to n
hrough northern Arkansas. The new
line viii give to the Ruch Creek and
RufaIo mines the transportation they
have been needing for many years.
hi road has been ncorporateo as lhe
Marion County Railroad
The proposes to construct a
line from MELVILLE, a distance of about
thirty miles in a southeast direction
to near the mouth Of the BufIalo river
where connection will be made with
the White river division of the Mis-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-26
RATEs no
Passenger Men Meet in Chicago to Lay
Plans for Coming Year.

Passenger representatives of the
western roads in session at Chicago
are discussing tourist rates for next
summer. Colorado is the principal
point to be affected by the action
which may be taken, but when h
Rock Island several years g took
the initiative in putting into effect low
tourist rates to Colorado points roads
running to all points in the northwest
insisted on making rates on the same
basis to all resorts on their lines, on
s~equently the entire territory, west
and northwest, has to be considered in
the elaboration. Owing to the Worlds
fair at St. Louis last year travel to
Colorado was very much less han in
either of the preceding years, and this
phase of the matter will be fully con-
sidered before the basis for the COM
ing year is adopted.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-26
Grain May Go to New Orleans.

Chicago, Jan. 26.-Unless the east
ern railroads agree nex Friday to re-
duce grain rates from here to New
York, over 100000 bushels of grain
now stored here in elevators will be
shipped to New Orleans for export.
While the eastern lines hav agreed
to join the western roads In making
any rate necessary to divert to the
Atlantic ports export grain shipments
from Omaha, the most urgent pleas of
induce the traffic officials of h east
ern ines to reduce the rates on grain
for export from here to New York,
Philadelphia, and Baltimore.
Because of the attitude of the east
ern roads, all the grain dealers of HI
a of trade have agreed to leave
to their traffic manager, E. B. Boyd,
the routing of all their grain for ex-
port. It is stated that Mr.. Boyd has
made arrangements to send all grain
for export from here to New Orleans
over the Frisco system at a rate not
exceeding 10 cents per 100 pounds.
eastern ines have refused to
make any reduction from their rate of
IS cents per 100 pounds from here to
Baltimore. Unless they agree Friday
to make a rate not exceeding - cents,
the grain now stored here and await
ing export will be shipped to New
Orleans.
Freight officials of western railroads
failed to agree yesterday on rates on
grain for export to be made from
Omaha via Chicago to the Atlantic
to meet h competition of lines
from Omaha to the gulf. 1t was de-
that it would be folly to name
rates to h Atlantic ports without an
agreement with the gulf lines as to the
dff~ferential to be allowed the gulf
ports under the Atlantic ports. To
establish his differentiaI a conference
will be held Friday of the lines from
n m n he 70 +Ia ~ 49,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-26
Jury Were for AcouittaI.

Leavenworth, Kan, jan. 26.-Charles
was acquitted in the district
court last evening of the charge of muir
der in connection with the killing eff
Charles P1llins in q fight last May. Err
min cut Pullins in the back with a pen
knife while Pullins was in the act of
picking up a rock Self defense was set
by Erman The jury were for ac-
ouittal on the first ballot.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-26
PERNICIoUs ACTIVITY.
1t Causes the Removal of the Seneca
Postmaster.

Washington, Jan. 26-WiIlfam Ward has
been removed from the office of postmas-
ter at Severance, Doniphan county,, KAN,
on the charge of pernicious political activ-
ity. The inspector detailed to make the
Investigation reported that Ward had not
only grossly violated the presidents or
der respecting oficehoIding, but that he
had violated the rule of the department in
spending much of the governments time
away from his post of duty. Congressman
Curtis has requested the appointment of
George H. Robb to fiji the acancy
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-26
Snow VIII save the Wheat.

BeIeville. Kan, jan. 26.-This section
was visited by a light snow the first of
the week, which was followed by ex-
IRENE cold weather. Tuesday night was
the coolest of the winter, the thermom-
eter going as low "Wednesday morning
20 degrees below zero. No damage
viii be done to the wheat crop as the
ground is covered with q coat of snow.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-26

was about seventy feet away and saw
the lantern swing and heard the
smash of the glass before the shot was
fred and was soon present. arresting
Hirt. The defendant says he never
carried a revolver before, but took it
that night as he was to be out late to
meet a friend at the midnight train.
He seems a quiet, Inofrensive youth
and he and d. val had no previous
acquaintance. The testimony occu-
pied only one day.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-26

Kansas City, Kan, Jan. 26.-CharIes
Pens. a gas Wen dr1ller, fled suit in the
district court against r. Kenton. a JUS
tice of the peace at Bonner Springs. J..
II. Sihler, 4 constable, and H.
another well dTiller, to recover 81. 900
for The seizure on a writ of repIevin oe
his well drilling machinery. Pens asks
SIS a day for the time the machinery
has been out Of his possession.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-26
WARMERS SAFE CURE

II am now 20 years old and in perfect
physical condition, all of which 1 owe to
your grand medicine, and 1 want to tell
you about my case.
Il was taken i'll in March, 1894. and the
doctor told me I had a serious case Of
kidney disease. He treated me z months
but ! kept getting worse until i took to
my bed. I was bedridden for about ten
months, and was reduced to a mere skel-
eton. I was advised to prepare for death
at any minute.
Friends told me Safe Cure had cured
them and urged me to try 1t, so I stopped
the doctors medicines and took nothing
but SAFE Cure I began to improve within
a few days., and nine bottles restored me
to perfect health and strength. and I have
not had a touch of kidney trouble since
CHARLES B. RICHTER"
We have thousands of just such letters
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Thousands of leading doctors and hos
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Sold by druggists, or direct, SOC and 81
a bottle. Be sure you get WARMERS
SAFE CURE-there are dangerous imita-
tions. Medical booklet with testimonials
and doctors advice free for writing. War
ner's Safe Cure Co, Rochester. N. z.
SAFE PILLS move the bowels gently
and aid a speedy cure.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-26
MRS. LONG E-NTERTAINs.
Wife of Kansas Senator Gives Lunch
con and Reception.

Washington, Jan. 26.-Mrs. Chester 1.
luncheon, at which the guests were the
wives Of the Kansas representatives and
other society persons. Mrs. Long will give
a reception in honor of Mrs. ingalls, to-
day. The other member OF the receiving
party will be Miss Muriel ingalls,, Miss
Marian ingalls,, Mrs. Charles f. Scott,
Mrs. Philip F.. Campbell, Mrs. J. M. Mil
Ter, Mrs. Victor Murdoch and Mrs. M. M.
MlrTarE
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-26
Election Judge Sent to Jail.

Denver, Col, Jan.26.-Prestoa M. Wig
CLINTON, an election judge, who pleaded
did not reside, was today sentenced to
jail for 80 days. This is the first SEN
tence imposed by the criminal court for
fraud committed at the November cleo
fiOn
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-26
GreatIy in Demand.

Nothing is more in demand than a med
fcine which meets modern requirements
for q blood and system cleanser, such as
DR.. Kfng's New Life Pills They are just
what you need to cure stomach and liver
troubles. Try them. At Arnold Drug Co.
s21 North Kansas avenue. Is cents. Guar
auteed.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-26

souri, Pacific railroad, now building
from Carthage, No. to Memphis.
Tenn. 1t is the belief that the Mis-
souri, Pacific is back Of the project.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-26
CuIberson Given Another Term.

Austin, Tex. Jan. 26.-The Texas
legislature in joint session formally
elected Charles A. Culberson, Demo
crat. to succeed himself in the U. S.
senate.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-26

Denver. Col. Jan. 26.-The general as
sembly Of Colorado has adopted a me-
mortal e congress supporting Presiden;
RoOsevelt's position regarding regula
ton of railroad rates.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-26
WiIheImina,s Husband Has a Fan.

WAIiieIEIIILd HusDssILu T1ds q FAN.
Berlin, Jan. 26.-Prince Henry of
observation-disclosures, husband of
Queen Wilhelmina of Holland, fell
heavily on the ice yesterday, striking
the back of his head while skating at
SchWerin.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-26
shaw.s Letter to Congress-

Washington, Jan. 26.-Secretary
Shaw has sent a letter to both houses
recommending the refund of the du-
ties paid on imported wheat when
for seed.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-26

Charleston. W. Va, Jan. 26.-In
joint session the legislature reelected
Senator Nathan Bay Scott. The vote
stood: Scott So, McGraw %.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-26
New Jersey Elects Kean.

Trenton, N. J., Jan. 26.-The legis-
lature in joint session declared John
Kean elected u. S. senator for six
years from the 4th of March next.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-26

Take HOLSTERS Rocky Mountain Tea.
See it exterminate the poison, feel it revi-
talize the blood and bring back that happy
joyous feeling of bygone days IS cents.
Tea or Tablets. Gatlin Drug Co.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-26

EVERYBODY CAN HAVE NICE
HAIR now and you don't have to
wait around weeks and months for
results either. You will see improve
ments from the very frat application