davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-03
HIS LAST STAND.
Senator BurtOn's Case Before
Supreme Court.
Large Array of Counsel Pleads
His Cause.
STRIKE AT THE Law.
Claim Made That 1t Is Uncon-
stitutiOnal.
Government Contends That It's
Case Is Stronger.

Washington, April 3.-Argument was
begun today in the supreme court of
the United States In the case Of the
United States vs.. United States Sena-
tor Burton Of Kansas. The govern
ment was represented by Assistant At
torney General Charles K Robb and
Mr.. Burton by a long array of counsel
consisting Of ex-Judge John F. Dillon,
Bale P. Waggener. Henry Hubbard,
". H. Rossington. W. Knox Haynes,
F. L. Lehman and W. P. Hackney
The charge against Senator Burton
in this case is the same as that pre-
ferred when the case was before the
court last year except that in this case
the receipt of money by Burton in St.
Louis is alleged. The reversal of the
decision of the circuit court on the
former appeal was based upon the fail
ure to show that fact the testimony as
then adduced only showing that he
was paid for his services with checks
which were cashed in this city
The charge against Senator Burton
is that Of violating section 1882 of the
revised statutes prohibiting senators
and members of the house receiving
compensation for services rendered in
relation to any proceeding in which the
United States is interested Burton is
charged with accepting a fee of $500
month from the Rlalto Grand & Sc
curities company of st. Louis for rep
resenting that company before the post
Office department in a proceeding
charging that company with the fraud
ulent use of the mail The government
urged that Mr.. Burton had entered
upon the discharge of services as coun-
sci with full knowledge OF the facts
while it was contsnded on behalf of
Mr.. Burton that he had not in the be-
ginning been the representative of the
Rialto company but the personal at
torney for Major Dennis of the COM
pany in the matter OF personal pros
ecutfon against him.
Mr.. RObb contended that 'fthe pend
ing case presents much stronger case
against the defendant than that before
the court Of former appeal and derives
more decided affirmation of It's suffi-
cheney" Reference WAS made to the new
testimony, especially that given by
Charles H. Brooks Mr. BurIon's at
torney did not fail to take cognizance OF
Brooks attitude, claiming it to be due
to his unfriendly personal and business
relations with Major Dennis.
Mr. Burton took especial exception to
the constitutionality of the law under
which he is prosecuted. Mr.. Burton s
defense was summed up in the follow
ing language:
I'VE maintnin first that the present
indictment does not state a case in
which the United States is interested
within the meaning of section 1882 and
second. even though interested. never
theless, the proof shows that Burton
neither agreed to render nor did render
any services in respect of any matter
in which in any view the United States
had any interest direct or indirect"
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-03
TAYLOR SERVES NOTICE.
VIII ask That Receiver Of Mil Be
Discharged May 1.

w. l. Taylor. president of the Tay-
lOr Grain company has notified ". E
Sterne, who was appointed receiver by
Judge Pollock that he has erected a
settlement with the majority Of credit
ors who hold claims against the COM
pany and will ask that the receiver be
discharged by the first OF May. Mr..
Taylor hopes TO get possession of the
milling property at that time and will
Immediately commence the manufac-
ture OF the same brands of flour han
died before the mill was placed in the
hands of the receiver.
We have settlements with practical
" ali of the unsecured creditors said
Mr.. Taylor this morning, there being
only a few yet to settle with and I be-
Iieve that as soon as they are through
Investigating and are convinced that
my plan IS the best they will accept it.
have had telegram from Mr.. James
Brunton of New York saying that the
money subscribed for the new COM
pany would be ready by May 1.
AS soon as the receivership is dismiss
ed and the Taylor Grain company is in
peaceful possession of the property 1t
will Immediately be decided to the
new corporation which will take over
the property and operate it."
Last December the Taylor Grain
company had a receiver appointed by
Judge Dana in the state court to take
possession of their milling property.
among some of the preferred security
holders. Some of the unsecured cred
itors then filed a petition in the federal
court and Mr. w E. Sterne was made
receiver. Mr.. Taylor began at once to
effect a settlement with all the cred
itors and at the same time organized a
new company to take over the proper
ty The property is new and one Of
the best in the state, but has only bean
operated three days since Mr. Sterne
was made receiver. The officers of the
new corporation are: w. L. Taylor.
president; H. Parker, NfcPh ersQn, vice
president and treasurer; J. B. NJ, vii
cox. now holding a position with the
Rhelor Mills. St Louis, secretary and
assistant treasurer. The business will
be managed by an executive board OF
which Mr.. H. Parker is manager. Mr..
Wilcox will come to Topeka to take the
management Of the mill and sales de-
partment as soon as the property IS
turned over to the new company.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-03

It is to be exercised by the courts on
review. but we should adopt the plan
of the senator from Ohio and impose
the duty on the courts in the first IN
stance; c.,
Third. the supreme court, follow
ing its decisions and taking course
similar to that taken by the supreme
court of Kansas in the court of vista
ton case, will determine that this at
tempt to confer upon the courts the
legislative and administrative func-
ton of liking rates is unconstitutional
fer the reason that the constitution
gives to congress the power to regu-
late interstate commerce, and congress
can not transfer that power to courts,
and this provision being incorporated
in a bill that might not have been
enacted without It so closely inter-
woven with the other provisions of
the bill that the whole act Is uncon-
stitutional and void"
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-03
CITY PRISONERS ESCAPE
Three Say Goodby to the Guard This
Morning.

Three city prisoners escaped this
morning. They were j. L. Gilbert,
Jack the Hugger,'' who was arrested
and fined 500 for assaulting women
and attempting to embrace them;
John Morgan, a tramp stone cutter,
who was fined 500 for an unmention-
able crime, and Lew Day. a petit
larceny expert who was fined $25 for
vagrancy. The prisoners escaped at 8
O'Clock this morning while they were
being taken to the rock pile by R.
Boyd, the guard. Day, who had been
IN jail many times, and had frequently
served as ''trusty," led the escape, as
he knew how to get out Of the jail
yard. Closely followed by Morgan and
Gilbert he ran into the patrol barn. un-
fastened the door and escaped to the
street. Turning north in the alley
back Of the barn the prisoners ran to
Fourth street and turned west. Guard
Boyd fired his revolver once, but did
not dare to shoot after the men reach
ed the barn door for fear OF killing
the patrol horses. Sergeant Gardiner
and Detective Ross Immediately pur-
sued the men in the patrol wagon, and
caught Day near the Lalxin tract, near
the Rock Island yards. A protraeted
search for the two principal prisoners
has failed to bring any results.
Chief Donovan said today that he
would ask the mayor to make arrange
ments for a dividing fence, separating
the stone yard from the patrol barn
and other exits. AS the yard is now
of stopping prisoners after they make
a break for liberty, on account Of the
danger of shooting pedestrians on the
Fifth street sidewalk.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-03
MNEAL SAVES MONEY.
state Makes About $4,000 by Owning
Printery.

state Printer T. A. McNeal today
made public the financial report of the
state prlntery for the quarter ending
March 81. It shows that the state has
saved during the quarter the sum of
$5.204.21, over what the printing
would have cost under the old system
of management.
The number of acquisitions for
printing filed during the quarter was
397, and the number filed was 1922.
The cost of the work was S12.125.23,
and the value under the old schedule
of prices would have been s17,329.44.
The cost of the printing is divided as
follows:
Composition, S4,OOO.75s press work,
s965.92; binding. $S,297.s5; total for
labor, s8,264.52.
Printers stock, $2,s61.95; binders
stock, S907.o4; ten per cent allowed
for waste, $271.72; total for stock,
S3.86O.71
During the past three months the
state has expended for light. heat,
power and rent the sum of S1.050.90,
most of which will be saved when the
plant is moved into the state building
and furnished with light heat and
power from the state heating plant
which uses state coal at about 81 per
ton It Is expected that the plant will
be moved to the new building during
the present month.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-03
FOR MIR. NORRIS L. GAGE.
PhiIanthropic Visitor Is rendered a
Reception.

Norris L. Gage of Ashtabula, O., the
donor of its present home to the To-
peka Provident association, was ten
dered a reception by the members of
the board and their wives at the as
ISOLATION rooms last night, and in the
course of talk which he made, he
hinted that the association may ex-
pect further contributions from him in
the future. He said that he hoped the
people of Topeka would realize the
good work which is being done, and that
they would personally interest them
selves and help along the movement.
s'The policy of handling affairs at the
association" he said. lis the proper
one. When a man obtains a com
potency he should give something TO
the community in which he became
prosperous. 1t is just partially paying
back some of the obligation"
F. E. Nissley introduced Mr.. Gage
Judge T. F. Carver, Jonathan Thomas
and Mrs. Charles Spencer also made
short talks. About SO people were
present.
The Z. and I. club has established a
cooking school in connection with the
association and is spending about $500
annually for the purpose. Seme of the
girls who are being taught served q
lunch last night. The L. and L club
deserves a great deal of credit for tn
good work which it has done
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-03
THEIR PARTING SHOT.
Roosevelt ard Moody viii Put Beef
Trust Matter Up to Congress.

Washington, April a President
Roosevelt and Attorney General
Moody will fire this week the last guns
in connection with the prosecution OF
the beef packers.
The president Will send a MESA ge
to congress calling attention to the
gross wrong which has been perpe-
trated upon the people by the escap pc
OF these men from punishment and
recommending legislation to narrow
the immunity law to the limits Of the
constitutional provision.
Attorney General Moody will issue
a statement giving all the facts in the
possession of the government, which
he believes would have resulted in a
jury convicting the packers had the
cases ever come to trial. The docu-
ments promise to be dynamic in char
acter They will spare no one-not
even Judge Humphrey, who rendered
the decision by which the government
was estopped from taking this inn
portant case to the supreme court of
the United States.
It is proposed to show that the ad-
ninistratiOn entered upon the prose-
cution IN good faith. that the facts
were collected by the department OF
justice even before the bureau of cor
poratiOnS of the departme Il of COM
merce and labor began the investiga-
ton ordered by congress, and that the
latter did not furnish any information
upon which proceedings were insti-
tuted; that the packers never at
tempted to meet squarely and fairly
the charges filed against them. but
took advantage of the immunity pro-
vision of the interstate commerce act
and the law organizing the bureau of
corporations; that, although Attorney
Gen era1 Moody explained to Judge
Humphrey in the course of his ad-
dress that it was the duty Of the court
to certify the cases to the supreme
court, he failed to do so, and that in
consequence the government has no
means of appealing from his decision.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-03
DOESN'T WANT SEAT.
Burton Won't Claim It Even II Court
Favors Him.

Dispatches from Washington indi-
cate that Senator Burton does not ex-
pect to take his seat in the senate no
matter If the supreme court should de-
eide in his favor.
Here is one of them: Even II the
supreme court should reverse the hnd-
ings Of the lower court in the Burton
case, the senior senator from Kansas
will not attempt to take his seat in
the senate He has authorized this
statement to be made to senators who
are particular about such details. The
supreme court probably viii decide the
Burton case just before the adjourn
lnent of congress. Senator Burton's
term viii expire March 4, 1907 and he
would have but the three months Of the
short congressional term to serve IN
any event.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-03
DOWIE WANTS REPORT.
Orders by Wire Full Account of Why
He Was DepOsed.

Chicago. April s.-The following TODAY
was received at Zion City from Dowie,
who is at present at Ocotlan. Mexico:
Wire Immediately full report of sun
days meeting.
(Signed) FIRST APOSTLE''
The meeting of Sunday was that in
which Overseer Voliva openly repudiated
Dowie and declared that he would not
longer follow him or obey his orders
meeting of the officers of Zion City
and the Church of Zion was held today
and it was decided It is necessary to raise
at once $500 000 for the complete fiscal re-
habilitation of Zion City.its church and its
industries. Land and other properties
viii be pledged to raise the necessary
amount and numerous offers have been
received from creditors indorsing the plan
and promising assistance.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-03
AGED MAN DISAPPEARS.
T. L. Copeland, Retired Engineer,
Drops Out of Sight

T. L. Copeland, a retired engineer,
is missing. and the police have been
asked to help find him.
Copeland. who is 81 years Of age.
stopped of at Topeka on his way
from Colorado to Iowa. He was
boarding at the home OF Edward
Morris, 225 West Railroad street. He
came to Topeka Sunday and at 10
o'clock Monday announced that he
was going down to the Rock Island
freight depot after a box OF clothing
which he had shipped from Colorado.
He has not returned to his boarding
place, and on account of his advanced
age and the fact that he had a con-
siderable amount Of money upon his
person, Mr.. Morris is worried about
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-03
PLUMBER RECOVERED.
Fifty Thousand Dollars in stolen Sc
curities and Large Amount of Silver.

New York. April s.-About $50, 600
worth of securities alleged to have
been stolen by Thomas J. Wainwright
from Dr. Nicholas J. Pinault of Mime
apolis We're recovered here today.
Wainwright was arrested here last
night. He was caretaker Of the Pinault
residence in Minneapolis, where he is
alleged to have stolen 100000 worth
Of silverware as well as the securities.
Wainwright is said to have confessed
that two trunks filed with Pinault's s
silverware are now secreted in Provi-
dence. r. I. He got the securities at a
safety deposit vault in Minneapolis,
first having secured the key from a
safe in the house. the coordination uf
which he ad discovered.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-03
SITUATION UNCHANGED.
No Move Made by Either Side in Coal
Strike in These Parts.

strike situation today in this part Of
the country said James E. Hurley,
general manager of the Atchison, To-
peka & Santa Fe and one of the trus-
tees of the Devlin estate who are
managing the many mines of that
property.
''All of the mines are closed down
and just what the next move will be 1
am unable to state for do not know
We will wait a few days to see how
conditions develop elsewhere before
making a move. Whether the struggle
will be long drawn out one is
problematical at the present time and
am not prepared to express an opin-
ion about it,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-03
GAS MEN ARE ARRESTED.
Were Tearing Up the Streets Without
. Permit.

Six gas company laborers were arrested
at o'clock last night for violating a city
ordinance. They were Immediately re
leased on bond signed by Councilman
Charles X Holiday, who pledged $500 for
their return for trial April 5.
The complaint was made by G. w
Griggs. city inspector. who caught the
men tearing up a street in the south part
OF the Douthitt addition without 8 permit
The gas gang is one of seven gangs which
have been breaking streets without per-
nl1ts for the past ten days. The gas com
pany does not seem to think that the for
nalty Of permit from the city is worth
the asking, and the work of laying gas
pipes goes on without what they consider
red tape"
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-03
LIGHT RAIN FALLS TODAY.
Through the Gloom Five-hundredths
of an Inch Reaches the Earth.

Weather Observer Jennings saw fit
to promise a rain for today and his
prediction came true as it does in most
instances The day besides being wet,
IS election day though the weather
conditions may have but little to dc
with the election being wet or dry.
The rain which fell most of the morn
ing was a drizzling affair and the pre-
cipitation amounted to but .05 of an
inch.
The sky is considerab bic clearer at the
noon hour than It has been at any
other time during the day, though the
indications are that there will be more
rain before the sun shines again. A
summary of the conditions of Kansas
and western Missouri says:
Cloudy weather prevails over Kan
sas and western Missouri this morn
ing with light rains in central and
western Kansas. The temperature has
risen IN eastern Kansas and western
Missouri this morning but Is falling in
western Kansas"
The hnalrlu tar1araara tllres in this civ
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-03
Nominations sent to senate.

Washington, April 3.-The president
today sent to the senate the following
nominations: Judge of the juvenile
court of the District of Columbia. VIM.
II. Delacy: United States marshal east
ern district of Arkansas, Harmon L.
Eemmell; auditor for the postohice de-
partmen Ernest @. Timme, Wiscon-
sin; deputy auditor for the postofice
department, Charles H Keating, Ohio.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-03
BULLETINS TONIGHT.

The State Journal viii receive and
post city election bulletins tonight. The
polls VIII close at 6 p. m. and the bal
lots should be counted by 9.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-03
WrecIlina Train Wreczed.

Franklin, Pa, April s@A wrecking
train going to another wreck on the
Allegheny Valley railroad was itself
wrecked today. Two Of the crew were
killed and two injured.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-03

Ladder Smashes Snow case

Workmen placing a sign over the
FitWell shoe store. dropped a 80 foot
ladder from the roof to sidewalk A
street showcase was demolished, but
on one was injured.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-03

Chicago, April al a. m. tempera-
lures: Boston So; New York 81: Phil
adelphla SS; Washington SO; Cincinnati
38; Chicago 46; st. Louis 50: Minneapo-
lis a.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-03
.entl1er IndicatIons.

Chicago, April 3.-Forecast for KAN
sas: Rain tonight and Wednesday;
Eeoler tonight.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-03

-Ihe houTIy temperatures IN this city
Long Valley advocate. (Lardo, Idaho) 1904-1907, 1906-03-08
TWITCHINC NERVES
A Serious Hereditary Trouble Cured
BY Or. Williams Pink Pills.

Sufferers from ailments that have af-
dicted i'll regular succession one genera
ton after another Of their family are, as
rule, inclined to submiU to them as in
evitable. The case which follows proves
that such hereditary difficulties are not
beyond the reach Of curative forces and
should inspire hopefulness and readi-
ness to try remedies that have effected
signal cures, such as that which is here
given.
Mrs. Elizabeth Rannells, of No. 408
East Seventh strsat, Newton, Kansas,
gives the following account Of her all
ment and her cure
"For two years suffered from trying
nervousness i'll my lower limbs from my
knees down, as my mother and my
grandmother had suffered before me.
The situation was for many years ac-
cepted as unavoidable because heredi-
tary. But about two years ago, when my
son was realizing benefit from the use Of
Dr.. Williams Pink Pills, / thought there
might possibly be some good i'll them for
me. My trouble had then become 80
serious as to make it difficult for me to
sleep. I often had TO walk the floor in
restlessness the whole night. After tax
ing some six boxes the twitching disap-
peared and ceased to use the remedy.
l evidently stopped a little too soon for
nervousness came back after month or
30 and used the pills again for short
time. Relief came at once and since 1
stopped using them the second time I
have been free from any return OF the
twitchings or from any interference with
my sleep"
DR.. Williams Pink Pills have cured
the worst cases Of bloodlessness, indiges-
ton, influenza, headaches, lumbago, sci
atica, neuralgia, nervousness, spinal
wealSnessand the special ailments of girls
and women. For further information,
address the DR.. Williams Medicine Co.,
Schenectady, N. Y.
Long Valley advocate. (Lardo, Idaho) 1904-1907, 1906-03-08
Deer Fought with Motor Car.

An extraordinary battle between a
motor car and deer recently oc
Cured outside Perth, Scotland. A
gentleman and his friends were trav-
cling in their car by night along the
high road. They were going along
slowly, when they saw what seemed
to be two green balls of fire suspended
in the air about five feet above the
road. The driver recognized the eyes
of deer, and, approaching the ami
NAL, he turned the powerful headlight
on 1t, and sounded the horn. The
combination Of light and noise seemed
to madden the animal which was a
large buck, and it charged the motor
car. The headlight was demolished at
the first charge. In the second the
deer cut one of the tires with his hoof.
The motorists felt themselves defeat
ed, and tried to escape, but in the ex-
element Of the moment the driver
ran the machine into a tree, and the
buck renewed his attack. Finally. one
Of the men succeeded in getting a rifle
from beneath the seat apd shot the
animal.
Long Valley advocate. (Lardo, Idaho) 1904-1907, 1906-03-08
Deacon Came Out Ahead.

Deacon Butterworth purchased a
barrel of hard cider from Alonzo
Skillings at Calamity Corners last
week, pa, ing Alonzo 81 therefore. The
deacon handed Alonzo a S. bill and
Alonzo give the deacon back So. 1t
wasn't until the deacon had drove al.
most half way home that Alonzo dis.
covered that he had paid the deacon
81 worth too much change, and he
jumped on a horse and overlook him
and told him about it. The deacon
said it wasn't his fault because he
give him too much change, and told
Alonzo that he ought to watch closer
and that he hoped it would be a lesson
to him. and the deacon kept the dol.
lar. The deacon will lead PRAYER
meeting in the church next Wednes
day ev'g as usual.-"Bungville Bugle"
items in Boston Post. q