davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-29

valid, for the reason that it imposes q
restriction upon competition and does
not therefore. furnish foundation Tor
the making Of assessments upon the
property intended to be made liable
The rule is that when the statute pro
vides for a petition as the initiatory
proceeding to the making of street inn
provemens, the presentation OF re-
quest meeting all the requirements OF
the statute Is an Indispensable requl-
site to the jurisdiction of municipal
authority.
In this view Of the case the only
question that can be answered is
whether q designation of the material
to be used for curbing as Fort scott
blue sandstone and the material to be
used for paving as Shawnee county
vitrihed brick" is naming Of the
brand of the material to be used In
my judgment the naming of the latter.
to wit, Shawnee county vitrlhed
brick II not also the former, Fort
Scott blue sandstone" is a naming OF
the brand of material The object OF
the statute undoubtedly was to pro-
hfbit the restriction of the material
used in the making Of street improve
ments to a particular kind or manu-
facture to the exclusion of other ma
terial equally as good thereby shut
ting out competition by rival bidders.
The legislative intent being to avoid
favoritisn and insure competition, it
sought to prevent the circulation of
petitions by interested parties praying
for the use of specifically named ma
terial for the construction Of the
work. The language employed is not
aptly chosen, but It's intent is clear.
have not given thought to the
question whether the naming of a
particular kind of natural material,
like Fort Scott blue sandstone, is
within the prohibitive terms of the
statute notwithstanding the very
decided views herein expressed, can.
nevertheless, perceive reasons why
the petition with respect to It's desig-
nation Of Fort Scott blue sandstone as
a material to be used for curbinE, is
not within the prohibition of the law.
Apart from the statement of fact
which you have made me, I am told
that there are two manufacturers of
Shawnee county brick. and the sug-
gestiOn has been made that inasmuch
as the brick of neither firm or com
pany Is named in the petition there is
room for competition. There is. or
may be, competition between two per-
sons or companies, but the competi-
ton Is limited to two. Beyond the two
there can be no competition and sure
ly the policy of the statute cannot be
effected by simply opening competi-
ton to two and prohibiting 1t to the
balance of the world. That Is not
free and open competition which Sc
leots two for the purpose of competing
with each other while prohibiting ali
others from entering the lists
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-29

independence, Kan, March 2s.-
Judge Flannelly has given out a de-
cision in the case Of the State VS. J NJ
Kansas Natural Gas company. holding
the Inspection law valid and Langdon
guilty of violation of the law IN retus-
ing to allow the inspection OF the gas
wells Of his company It Is the GUY
of fhe gas inspector to open and test
the fow of ali the gas wells in the
county twice a year to see If the pro
vision forbfdding the taking OF more
than so per cent Of the flow Is being
observed. and for the protection Of the
land owner, who is entitled to a royalty
on all producing wells.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-29
LOCAL COLOR WAS RED
Georgia Boys Stay Three Men to Get
Material for a Novel.

Abbeville, Ga, March 29.-Lee Watts
and his twin brother Cub are in
jail here, charged with the unprovoked
murder of three men. and are thorough
y pleased with their situation. Accord
ing to their story they started cut to
commit murder for the sole purpose Of
getting material for a book They
wanted to experience the sensation Of
killing, the notOriety Of a trial and
serve a term in the penitentiary for To-
cal color.
Il can write the book I have in mind
so much better Cub" Watts said
IF I am able to write from actual ex-
perience Of murder. My brother was
animated by the same desire
In their literary zeal the Watts twins
forgot that they may be executed with
short shift for their crimes.
The murdered men were G. b Burch
and George and James McDuf1e broth
ers. Burch was shot to death IN the
public road by Cub" Watts and the
McDuffie brothers were shot by Lee
Watts two days later at a public gath
ering. Eye witnesses say that there
was no provocation in either case.
The Watts boys have been well edu-
Gated and think they have lit srarS
talent. They are great readers and
frequently have said that they intebd
to write a novel of realism Their
friends think their minds have been
turned and a plea Of insanity viii he
made when they are put on trial.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-29
STORER WAS BOUNCED.
Ambassador to vienna Tells How He
Happened to Resign.

Vienna, March 2s.=The retiring ann
bassador to Austria-H Hungary, Bellamy
Storer, returned here from Egypt to-
day. In an interview with tbs cor
respondent of the Associated Press on
the subject of his recall he said:
My resignation was requested
March s, IN q telegram from the presi-
dent, and was sent in March z. have
not seen what the newspapers have
been saying as I have been i'll and
have not been allowed to receive news
papers or letters. am going to re-
sumo charge Of the embassy. Mr.
River VIII remain as charge d'anaires.
Mr.. Storer, when informed Of the gist
of the reports in circulation concern
ing the reasons for his recall, declined
to comment upon them or to say any
thing about the reasons for his recall
or Mrs. Storer's alleged action in
church matters.
Mr.. Storer, who is still in poor
health, has been suffering from Egyp-
tan fever. He said.
II intend to return to America after
having settled my personal affairs, but
I think I shall not leave Vienna before
the end of May. I intend in future to
spend half the year in America and
half in Europe"
It is understood that there will be
no direct official transaction before the
American embassy and the foreign Of
hce here pending the presentation OF
Mr.. Storer's letters of recall. All mat
ters coming up in the meantime viii he
settled between the state department at
Washington and the ngaTian
ambassador there, Baron Won HengeI-
muller. The foreign Office here ap-
proves of this plan. because the Amer
lean EN- bassy at Vienna will be prac-
ucally non-existent during the remain
der of Mr.. Storer's stay in Vienna as
being the best means of avoiding pos
sible embarrassing situations relating
to Mr.. StOrer'S position.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-29
I'D. o'BRIEN PRESIDENT.
American Baseball Association Selects
a New Head.

Chicago. March 2s.-Joseph D.
O'Brien Of Milwaukee was unanimous
" elected president Of the American
baseball association today. The cleo
ton was the outcome of number d
conferences in which the warning rae
tons Of the association agreed It was
foolish to jeopardize the interests OF
the association by longer delaying the
election Of officers.
Michael Kelley. whose desire to be
recognized as president Of the Mime
apolis club caused q deadlock at the
last annual meeting, viii be taken up
this wear.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-29
CHILDREN WHO ARE SIckLY

Mothers who value their own com
fort and the welfare of their children,
should never be without a box of
Mother Grav's Sweet Powders for
Children, for use throughout the sea
son. They break up Colds. cure Fever
iahness, Constipation. Teething Dis
orders, Headache and Stomach
Troubles. These Powders Never Fan.
Sold by al drug stores, 25c. Don't
accept any substitute. A trial package
will be sent FREE to any mother who
viii address Allen S. Olmsted, LIE Roy.
New York.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-29
1000 IN ONE DAY.
Immigration Record for the Season
Is Broken at New York.

New York, March 29.-Over II 600
emigrants arrived in the harbor of
New York today on board seven
steamships from European ports This
NUMBER is the record for a single day
which has been made thus far during
the annual spring thrush of emigra-
ton. Ellis island. where these emf
grants are examined and either re-
jected or admitted to the United
States, can care for less than half Of
today's arrivals, its limit being 5000
daily. Those who cannot be landed
today win be kept in the harbor on
their steamers until later in the week.
These immigrants include the follow
ing nationalities: English, Irish, Ger
mans. Swedes, Hungarians, italians.
Portuguese, and Russians
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-29
WHERE IS GENERAL LEE?
Adjutant General Hughes Wants to
Get Trace of Him.

wants to ind out the present address
OF A L. Lee, or of any Of Lees
friends or relatives. Lee was brig
adler general Of Kansas volunteers
during the civil war. He went from
Nemaha county to Louisiana after the
war. and then to New York, where
all trace of him is lost.
General Hughes is now making a
collection OF the photographs Of all the
brigadier generals Kansas ever had,
for the purpose of having them
framed and hung on the walls Of the
adjutant generals Office. He has
secured all the pictures but that of
Lee. A complete list of the briga diers
whose pictures viii appear in the
frame is as follows.
Regular army brigadiers- Frederick
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-29
DOESN'T SHOW UP WELL.
Mr.. CAROLS Oil Report on the Inde-
pendent Concerns.

In order to show the comparative
amount of business which the independ-
ent oil redneries did in Kansas during
the year 1905 T. A. Carroll, represent
ing the Garfield oil Investigation has
secured from the office Of the state au-
ditor a summary of the state oil in
spector's reports for the year.
AS q matter of fact, the report does
not do justice to the Independent oil
ref1neries, for the report ends with Jan
uary, 1905, which was just about the
time that the independents reaily. com
menced to get down to business Since
January the Kansas independents have
made more oil than in all the rest of
their existence put together.
The report, in terms of barrels. fol-
lows
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-29

Funston; D. A. Kinzie. who died in
1904; and VIM. Crozier, chief of ord
nance, at Washington.
Volunteer brigadiers TT James G.
Blunt, Robert B. Mitchell, A. L. Lee,
Geo. W. Deitzler, Thos. Ewing, IT.,
Powell Clayton. all of these being vet
Grams Of the civil war; J. K. Hudson,
Spanish war.
There are a large number of brevet
brigadiers, but they will not be in
Guided in the collection which General
Hughes Is making.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-29
The Hill Of Finance

Is often a hin OF difficulties. and 8
helping hand has saved many a
climber from falling back. Come to
Walnut Park and let US assist you in
securing a home. Low price on lots
$500 down, 50 cents per week. GOOD
street car service. near to schools.
churches. No interest. no taxes. and
in the fast growing part Of town.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-29
Arguing Hearst coal Case.

Washington. March 29.=Reargu-
ment of the case of William Randolph
Hearst. of New York, against the an
thraeite coal carrying railroads was
begun here today before the interstate
ready has been discussed at length.
Briefly the action involves a complaint
by Mr.. Hearst that the rates for carry
ing anthracite coal from the mines 10
tideWater are too high
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-29
ATTELL-NEIL MATCH.
To Fight for Featherweight Champion
ship at Los Angeles.

Los Angeles. March 29.-Manager
Tom McCarey of the Pacific Athletic
club has closed a match between Abe
Attell and frankie Neil for the feather
weight championship of the world at
Los Angeles April 90 The weight slip
ulated is 122 pounds ringside-the
featherweight limit.
Beside the championship, McCarey
viii offer a championship belt costing
all the way from $500 to $1,000. This
viii be the first belt fight to be held
since the Richard K Fox diamond belt
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-29
BLADDER, URINARY AND
SPECIAL DISEASES.

Diseases of the
nervous sy S t G m
have long occupied
my attention be-
cause Of the made
Quacy of the old
time methods of
treatment. The Eu-
r o p e a n methods
that I have intro
duced are the only
satisfactory means
T perm an emily
curing these trou-
bles.
The delicate ma
ture Of these dis
eases, affecting the
49, -aA-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-29

The remarkable recovery of Kenneth
McIver Of Vanceboro, Ne, is the subject
Of much interest to the medical fraternity
and a wide circle of friends. He SAYS OF
his case: Owing to severe inflammation
az the throat and congestion Of the lungs
three doctors gave me up to die when, as
q last resort I was induced to try Dr.
Kings New Discovery. and am happy
to say It saved my life" Cures the worst
coughs and colds bronchitis. tonsilitis-
weak lungs, hoarseness and Ia grippe
Guaranteed at the Arnold Drug Co 81
North Kansas avenue. 90 cents and 81 OO
Trial bottle free
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-29
80 TIomes in the West.

over a million acres of land will be
thrown open to settlement on the Sho-
shone Indian reservation June Is.
1905. These lands are reached by the
direct route of the Chicago & North
western railway from Chicago, st.
Paul Minneapolis, Omaha and other
points in the Mississippi valley. Send
&c in stamps for pamphlets. maps and
full particulars to w B. Kniskern,
p. T. NJ, c. & n. W. Rly Co, Chicago.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-29
ALABAMA RIVER OUT.
Lovlands Under water for Distance of
100 Miles.

Mobile, Ala, March 29.-Officers Of
the steamer Marie today bring news Of
serious conditions along the Alabama
river due to the overflow. For nun
dredmiIes lowIands are under -Nater
from 2 to 6 feet and crops are damaged.
Rain is again falling over the upper
va tershed Carcases Of cattle and
other livestock by the hundreds arc
strewn over the inundated DISTRICT C1t-
tlemen begged officers Of rlte sSeaIner
t. render assistance in the way Of f..
fol their cattle put there was no way
Of making GatS'nss
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-29

Victor. Colo, March 29.=One hun
bred 81 bills issued by the Capital
Bank of Denver were stolen from a
store window in this city last night
The glass was broken and the burglar
fed with his loot
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-29

Ire forces. necessitate the use Of thOr-
oughly scientific treatment. Ny treat
ment is curing cases right along that
other doctors were not able even to bene-
At, and nothing 50 well proves its merit
as the test Of actual experience.
In the realm of deep-seated complicated
nervous and blood diseases, my European
methods are supreme. The testimony Of
hundreds who have found in them COM
plete restoration Of power. perfect nerve
control and the vim and vigor that go to
make up the full measure OF manhood, Is
all that need be offered to prove my treat
rnent
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-29

the Dispatch from Webster City, lows
says: The big bridge over the Des
Moines river, one of the principal
bridges in this city, was swept away
by the food today.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-29
ORIENT DOES VERY WELL.
Encouraging Report ON the Rolling
Stock.

According to the report of property
flied by the Orient railway with the
state auditor that company is getting
in shape to be a real railroad it has in
creased its rolling stock immensely dur
ing the past year. The following is a
list Of the equipment in use in Kansas:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-29

Copenhagen, March 29.-The lower
house of parliament today passed a bill
providing for the rebuilding Of the his
toric Castle of Christiansborg, which
was burned in 1884.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-29

Have you Backache? Get a box of
Kidney Ettes-the most wonderful
remedy for all kidney troubles, and
they viii make you right. 26c. STAINS
field, druggist, 692 kan. ave; Arnold
Drug Co, No. Topeka.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-29
Change of Time on Rock Island ERec-
tive sundaE. Mach Is 1900

Rock Islands Colorado Flyer No. 9
VIII leave Topeka at 1872 o. IA. instead
Of $50 as before. No change in No. 10
East at a. m. See time card.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-29

Chicago, March 2s.-Sheriff Thomas 2
Barrett died today after a lingering Ill
ness from a generous affection of the
throat. Before being elected to the Of
ice Of sherin IN 1904 Mr.. Barrett was a
prominent member Of the board Of trade.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-29

viii meet at 232 Kansas avenue at
Democratic Flambeau club han on
Friday evening. March So to hear
Robert Blair speak on the, issues Of
the city election
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-29

100 West Eighth ST., Topeka. Kan.
Hours to -. 2 to 5, z to 8. sun
days, to u.
Consultation and examination Free.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-29
DIR. D. A. COOKINHAM.

Authorized by the state to treat all
Chronic, Nervous and Private Diseases
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-29
Mems Up to $3.50 Suits. 81. e5

Odds and ends-only one suit of a kind
sizes in the lot from IS to AZ, but not ali siz
in any one kind-you can save $3.50 a 81
if you can find your size in this lot ga n
tomorrow and Saturday ......... e ,
Evening capital. (Annapolis, Md.) 1884-1910, 1906-12-31
CITY BONDS OF 1894
Payments lntO Sinking Fund Completed
Surplus Turned Into Treasury.

The authorities of the City of An-
napoiis have completed their payment
into the sinking fund to meet tho
bonds of the city issued in 1894 whom
they matured and have accumulated
a surplus, though the bonds ara not
yst due. These bonds were issued to
the sum of Sl3, 600 for the purpose of
paying floating debt and providing
for street improvements. They ma
ture ON December ], 1907 and the
deposits in the sinking fund for that
purpose is now Sl3. S66. s.. The fund
is deposited ON interest i'm the Anna
polls Savings Institution and there
will be additional dividends before
payment is due which will increase
the amount by about two hundred dol
lars. This surplus can be turned into
the general fund OF the city or deposit
ed TO the interst of the sinking fund
of any of the other bond issues.
All the other bond issues of the city
show like satisfactory condition.
Five thousand dollars worth of bonds
OF the issue of, 1898 mature on April
s, 1908, and there is now deposited
10 the credit of the sinking fund pro-
vided to meet il, the sum of
81. 46S5.51. The city was required TO
deposit $1,000, year of this fund, but
dividends and the surplus will easily
bring tine fund up to 81, 900 when the
bonds mature without further de-
posits.
4 payment of S2i, 600 will have TO
be made on July /, 1910, TO meet tho
first installment of the bonds issued
for public improvement in 1910.
There is.on deposit in the sinking fund
81, 1896. Tho sum of 80, 400 was re-
quired To be deposited i in this fund
each year. but for the three years
which remain before the maturity of
these bonds, only small amount will
have TO be deposited, as the SUM now
in the fund will be materially in
crease by the dividends which it
is drawing.
The fund to meet the interest on tho
various issues is also in excellent shape
The amount now on deposit is SO,
1881, against 81, 53S, 30 at the end of
last wear.
Evening capital. (Annapolis, Md.) 1884-1910, 1906-12-31
NEEDS OF ACADEMY.
Should Have Access 10 cIubdom-what is
Being Done al West Point

In letter from West Point to the
Army and Navy Journal of latest is
sue, there appears the following para
graph -
The cadets of the first class have been
PERMITTED TO organize the" First Class
mems Club of the l.. ;. NJ. A.. of
which no other cadet may become
members. The large room on the
lower floor of the academic building,
formerly occupied as the engineering
model room is being handsomely fitted
up for the club rooms, and the sum
Of s., 500 has been allotted for fur
nishing the room. They will have
billiard and pool tables, and other
accessories of clubdom. Strict rules
governing the use of the privileges
have been promulgated by the author
tiles. ON the eve Of graduation each
year the members OF the second class
will be invited TO take possession of
the handsomely appointed clubroom.
These are some OF tie privileges that
give zest and pleasure TO the military
life at West Point, but what of Anna
polls In all the buildings at the
Naval Academy upon which more
than ten millions of dollars Eave been
spent there is nothing like a clubroom
for recreation, provided. Can there be
ANY good reason for not providing n
room wherein billiard and pool tables
and bowling alley could be installed
for the amusement and entertainment
of midshipmen. at recreation hour?
1t becomes very monotonous To the
young men at the Naval Academy
who are obliged to spend their liberty
in their rooms or perhaps within the
environments of Bancroft Hall.
There are certainly some of the
more than 800 midshipen who dino not
care for hops, and who make no
friends in town, some of that large
number who do not care for social
life. To these club room with pool
tables and room where they could
bowl would be n source of great
pleasure. If such room where the
military cadets can enjoy the recre-
ations of clubdom is 10 be provided
at West Point, why may it not be pro-
vided at Annapolis
Let those who are the powers that
be in military affairs, and who are
friends of the midshipmen at the
Naval Academy think on these things.
Surely no body of young men is
more worthy such privileges as are
afforded the West Point cadets, than
are the midshipmen at the Naval
Academy
Evening capital. (Annapolis, Md.) 1884-1910, 1906-12-31
NO MORE IIU JITSU
japanese Wrestling Abolished al the Naval
Academy.

At the instance of the President iiu
jitsu-Japanese wrestling will here
after be excluded as n physical exer-
else for midshipmen at the Naval
Academy. The practice was regarded
by the academy authorities as danger
GUS and of no special advantage as an
exeresie. The Japanese expert instruct
or has left the academy.
Preident Roosevelt has acted favor
ably upon the recommendation recently
made by Rear-Admiral James Ill.
Sands, supe rintendent of the academy,
that the foreign art be abolished.
Capt. George =. Colvoeoresses, com
mandant of midshipmen, also sent in
recommendation along the same line
and Surgeon Frank &. Cook, in charge
of the physical training, pointed out
that jui-jitsu was conducive 10 injur-
les and of little use for the training of
middies.
As matter of fact, jiu-jitsu has not
been pursued at the academy since
the beginning of the academic year,
in October, owing TO the failure of
Prof. Y. Yamashita, the Japanese in
structor to return to Annapolis. Yam
ashita gave lessons last year and sign
ed contract for this term, but the
last heard of him he was in Toxic and
il is presumed that he did not desire
to return.
President Roosevelt has for some
time been fond of jiu-jitsu, and has
taken lessons from Professor Yama-
shita. Howeer, he has accepted the
recommendations of the officials of
the Naval Academy.