davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-30
PICTURES ARE SAFE.
The Yerkes Collection Is Not Subject
to Foreclosure.

New York, Nov. 3O.-That the city
of New York will not lose the art col
lection which the late Charles It.
YerLes beuueathed to it, even though
the Mutual Life Insurance company,
which holds a mortgage on the land
and building in Fifth avenue, in
which the collection is housed. should
foreclose the mortgage on December
Is next as advertised, is the opinion
expressed by Clarence knight, the
Chicago attorney who drew the will
of Mr. Yerkes. Mr.. knight is here
endeavoring to secure a postponement
of the foreclosure proceedings for six
months, pending a settlement of the
Yerkes estate. He said that the art
collection was not included in the
mortgage.
s"The will of her husband said Mr..
Knight provided that Mrs. Yerkes
was to have the use of the gallery and
the art objects in it until her death.
unless she should choose to transfer
her right to the city. Mrs. Yerkes is
anxious to carry out the wishes of
her husband in every respect. She
will act as soon as the estate of her
husband is settled. Mr.. Yerkes de-
sired that his wife should control the
gift to the city, but in any event the
collection of paintings was to become
a public benefaction. If the insur-
ance company forecloses only the
property and building on it will be
lost to the city,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-30
BETTER ROADS.
Improved Rural Schools and
Postal Bal ks.
These Are Among Recommends.
tIOns OF Ia ley Commission.
A SPECIAL MESSAGE
SPECIAL MESSAGE
viii Convey the Committees
Ideas to Congress
Urging Legislation Along Lines
Demanded by Farmers.

San Francisco, Nov 3O.-Better
roads, better system of education in
rural schools, a postal savings bank
a limited parcels post. These are the
most important recommendations ac-
cord1ng to Mr.. Wallace of the commits
sion, that will be made to President
Roosevelt by his commission on coun-
try life, which is now in San Fran
cisco At the head of the commission
IS Prof. L. H. Bailey, dean of the col
lege ar agriculture of Cornell univer-
SHY, ana the other members are Henry
wallace of Iowa, editor of WalIace's
Farmer; Prof. Kenyon L. ButterfieId
president of the Massachusetts College
OF Agriculture. and w. A. Beard Of
sacramento. Waiter H. Page of North
carolina and Clifford Pinchot, head of
the United States forestry service. are
also members of the commission but
dld not accompany it to San Fran
cisco.
The commission has held a meeting
with representative farmers and or
chardists and today will leave for
sacramento. From Sacramento it will
go to Nevada and from there to Ore
gon and Washington, and return to
Washington by December 19 to make
its report
President Roosevelt" said Mr.. Wal
lace, will send a special message to
congress urging legislation along the
uneS demanded by the farmers"
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-30
His Salary Raised to Eighteen
Thousand Dollars.
A Good Exampe e of Reward of
Merit.
lie BEGAN AS A BOY.
His First Duties We're on a
Section.
Since Then His Advancement
Was Gradual and Sure.

When J. E. Hurley, general manager
of the Santa Fe, cashes his pay check
for the month of November, he will re-
ceive ST. 500 for the month, instead of
81 $50 as he has been receiving for sew
eral months. This will make an in
crease in his yearly salary of $4,000,
advancing it from $4,000 to $4,000. This
comes to Mr.. Hurley as an apprecia-
tion of his worth as an official, for he
is now recognized as one of the broad
est and most effective officials in the
service today
Mr.. Hurley began his railroad career
when but a mere lad. His first posi-
tion was on a section gang, and not
once has he left the service of this road.
From a track man, he went to work
in a baggage room and for a time
wheeled the trucks, but later became a
clerk Then he became a baggage agent.
A good man can't be kept down is an
old saying but is just as true as ever,
and Mr.. Hurley wasn't to be baggage
man all his life. He became station
clerk. By using his hours after work to
good advantage, he acquired working
knowledge of telegraphy and became
an operator. Then he was given a sta
ton. A couple of years later livery
and huStling man was needed as chle1
tendent. None better from long list
of applicants could be found and Mr..
Hurley took the position, and moved to
Topeka. Office work wasn't enough for
Mr. Hurlev and he went to Marcehne
and later to Fort Madison as assistant
division superintendent
Even this did not prove the limit of
his executive ability and he was sent
to San Marcial, N. M, as superintend-
ent of the Horny Toad" division, one
of the hardest stretches of track on the
entire system This was in 1894. He
remained in this position seven years.
For a few months in 1901, he was gen
eral superintendent of a Santa Fe aux
iliary line in southern California.
Mr.. Hurley became general superln-
tendent of the western grand division
of the Santa Fe at La Junta in october,
when he returned to Topeka as general
superintendent of the eastern grand di-
vision.
When H U. Nudge left the Santa Fe
to become a Rock Island vice president
in 1904. President Ripley Immediately
appointed Mr. Hurley to succeed Mr..
Nudge as general manager, which posi-
tion he now holds.
FREQUENTLY rumors are started of Mr..
Hurley going to other roads, but there
is no foundation for them. He is part
of the Santa Fe and has grown up
with this great system He Is young
man vet being only AZ years of age, and
has many years of service ahead of him.
Some day there will be a vacancy
among some of the higher officials and
Mr.. Hurley will continue on his way to
the top. Doubtless the dayis coming when
Mr.. Hurley will be presldent OF the
Santa Fe, and even this would not sur
prise his staunchest friends, who re
gard him without a peer in the railroad
world
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-30
MEN TIED TOGETHER.
Plan Adopted by Hayti to Prevent
Soldiers From DESERVING.

Washington, Nov. 30.-A dispatch
from Minister Furniss, stating the
Haytien government admits that the
insurgents are in possession of
Mfragoane and the strategic bridge
this side of that place, was received at
the state department today. The de-
partment also learned from a private
dispatch that the report that Petit
Goave has been taken by the
revolutionists is confirmed. The
revolutionists, according to this in
formation are about 10 hours march
from Port Antonio. Minister Furniss
in his dispatch states that the cabinet
believes that the end is near and the
government troops are constantly de-
serting and augmenting those of the
insurgents who are we'll prepared
The president is firm in his desire to
fight The government is embarking
troops, who are tied together to pre-
vent them from deserting before they
get on board.
At a meeting of the diplomatic
corps today Minister Furniss states
the following was the unanimous
opinion:
THAT the situation is not such as
to call for any action of the foreign
representatives but that if the in
surgents take Legone and reach the
CITY limits, it would be desirable to
notify the contesting parties that pill
lage incendiarism and massacre will
not be permitted
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-30
Railway Bridge Washed Out.
HIT BUCKLED FREIGHT.
Chicago Limited on the B. & o. Rail-
road, Wrecked.

Pittsburg, Pa, Nov. 30.-One man
was killed, five others were seriously
injured and many persons shaken up
when train No. 5, known as the Chi
cago Limited on the Pittsburg and
Western branch of the Baltimore &
Ohio railway crashed into a "buckled"
freight train near Valencia, Pa, about
20 miles north of here, early today
The Dead.
G. z. SPIDEL, fireman of the pas
senger train, caught under boiler.
The Injured.
o. B. Stewart, Chicago; left arm
broken, scalp and other wounds.
P. G. Eastman, Uniontown, Pa;
left hip broken, face and head cut.
c. j. Anderson, Philadelphia, cut
about head.
W. Williams, engineer of passenger
train, Chicago Junction, left arm
bruised.
H s. Fout, conductor passenger
train, Pittsburg, cut about head. The
injured were taken to the Butler
county general hospital at Butler, Pa.
The wreck was due to the break
ing of long freight train on the
grade near the scene of the accident
One of the cars on the rear end of the
disconnected freight lurched out over
the northbound tracks just as the
limited came along.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-30
SEEKING THE CAUSE.
First Theory Advanced Regarding
Mariana Mine Tragedy.

Pittsburg, Pa, Nov. 30-Marianna
mines are yielding up their toll of dead.
AT 1 o'clock ITO bodies had been recov-
cred and of these 100 were removed to
the temporary mOrgue. More than 60
have been identified.
John H. Jones. president of the Pitts
burg-Buffalo Coal company, declares
that the list of victims will not exceed
his first estimate of 100. A number of
bodies were blown to fragments and are
being picked up piecemeal.
While the officials at the mine assert
that they do not know what caused the
explosion, many of the rescuers assert
that while the hydraulic drill was at
work, it opened a pocket of gas and
while the gas was escaping into the
mine the drill struck a piece of rock,
caused a spark, and the explosion fol-
lowed.
man who escaped alive, is rapidly re-
covering from his injuries.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-30
V.rginia's Right to Name Pas.
senger Fare Upheld
In a Decision by the L. s. Su.
preme Court.
COMMISSIONS ORDER
Fixing Two Cents a Mile Rate
Contested by Roads.
Judgment of U. S. Circuit
Court Is Reversed.

Washington, Nov. 30.-The supreme
court of the United States today re-
versed the decision of the United
States circuit court for the eastern
district of Virginia, holding to be un-
constitutional the order of the state
railway commission, fixing two cent
passenger rate on state business, the
effect being to uphold the order
The opinion of the court was an
nounced by Justice Holmes. The case
came before the court on an appeal
of the state from the decision of Judge
Pritchard of the United States circuit
court for the eastern district of Vir-
glnla, holding the proceeding by
which the rate was fixed to be un-
constitutional and prohibiting the
carrying of the order into effect.
me rate was named by the COM
mission in accordance with authority
bestowed by the Virginia constitution,
but the railways of the state, prayed
Tor an injunction against it's enforce
ment on the ground that the present
rates of the companies are reasonable
and not discriminatory, either as be-
tween individuals or localities.
1t was contended on behalf of the
roads that the effect of the rate pro-
posed would be to reduce charges be-
ton; that, indeed, the order was con-
fiscatory and would have the effect of
taking their property without due pro-
cess of law.
The state authorities attacked the
Jurisdiction of the court, claiming that
the commission itself was a court as
provided by the state constitution and
that its DEGREES could not be interfered
with by federal tribunal
After hearing the arguments in the
case Judge Prichard, on Dec g. 1907,
issued final decree, granting the pray
er of the railroads and enjoining the
49, e. e ~
of reduction. He held that the commits
sion's duties were administrative and
not judicial This decision was over
ruled by today's action.
Justice Holmes in his opinion, said
that the proceeding of the commission
was judicial in character and that the
courts decision of reversal was based
on the failure of the railroads to ex-
haust their rights in the state courts.
Justice Brewer alone dissented from
the result.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-30
That Is the Defense That Viii
Be Set Up
In the Trial of Davis for MUIR.
der of DIR. Rustin.
WOMAN In THE CASE.
Is on Hand to Give Testim Ony
on the Affair.
Defendant Appears in Court
Under a Personal Guard.

Omaha, Neb., Nov. 30-That Dr. Fred
erick Rustin, for whose murder the trial
of Charles E. Davis. began this morn
ing, was afflicted with a suicidal mania
for two or three years prior to being
shot and that he finally accomplished
his own death, will be the main de-
fense offered by Davis attorneys dur
ing the present trial Counsel for Davis
stated today that much evidence would
be introduced, to prove this assertion,
and that it would be shown that Davis
was an innocent victim of circumstan-
ceS.
When court convened the room was
excessively crowded. Extra space had
been provided for a large corps of news
paper men who were present to feature
the proceedings. An extra panel of
veniremen had been requested by
States Attorney English, although he
admitted there was nothing to indicate
that it would be necessary. Two inter-
esting faces were those of Mrs. Abbie
Rice and the defendant himself. Mrs.
Rice came to the court room early in
charge of the police matron and Davis
arrived some time before the bailim rap
ped for order in company with his per-
sonal guard retained by the Davis tam
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-30
TULSA'S THIRD FLOOD.
Houses, Bridges and Fences Swept
Away by Water.

Tulsa, Okla, Nov. 30.-The flood
which is the third here this year, is
doing much damage in the vicinity of
Tulsa, the Arkansas river being higher
than ever before. Bird creek, Sand
creek and the Verdigris river have
all risen and swept away houses,
bridges and fences. No deaths have
been reported yet, but great damage
has been done to oil fields, farm lands
and railroads.
AS a result of washout between
Matoka and Sand creek traffic on that
branch of the Santa Fe railroad is
stopped. All railroads in this section
are badly crippled and country traffic
is almost completely suspended.
Shady Mounds park here is inundated
and the waterworks plant has been
damaged.
The water is still rising. The town
of jerks. south of Tulsa on the Mid
land Valley railroad is partly under
water. and the railroad tracks are
flooded. Telephone and telegraph
communication with the oil fields are
completely severed. The Arkansas
river is rising one inch an hour. A
Santa Fe train left Tulsa for Kansas
City this morning, but after going IL
miles was compelled to return.
Water Is Falling at Guthrie.
Guthrie, Okla, Nov. 30.-The flood
situation was greatly improved here
this morning and at daylight, with
the water receding at the rate of a
foot an hour, only a few blocks in the
lowlands of the city were still
inundated
The Santa Fe railroad will resume
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-30
OLPE BANK ROBBED.
Twenty-Three Hundred in Money and
$500 in Stamps Taken.

Olpe. Nov. 3o.-The Olpe State bank
was burglarized last night, the safe
was blown open with dynamite and S2r-
400 in cash and $500 in stamps We're
taken.
The robbery took place at 1880 this
morning and seven distinct shots were
fired to open the safe. Some boys heard
the explosions and they saw the men
as they left the bank with their plum
der. The four cracksnen had a hand
car in readiness on the Santa F'e
tracks and this they mounted and pro-
PEELED it northward as rapidly as posi-
BILE. The hand car was abandoned near
Emporia and the men dropped out of
sight.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-30
HANCOCK KNEW.
No Need for Paul Revere to Make His
Famous Ride.

Chicago, Nov. 3o.-A dispatch to
the Tribune from New York says:
Walter Benjamin, a publisher, has
a document which he believes proves
that Paul Revere never made the mid
night ride attributed to him by Long
fellow and tradition.
In possession of Mr.. Benjamin Is a
letter from John Hancock to Elmridge
Gerry, dated Lexington, April Is, 1775
at o'clock. This was the night be-
fore the battle and three hours before
Revere, according to Longfellow,
CROSSED the bridge into Medford
town"
Dear Sir: I am much obliged for
your notice. It Is said the officers ara
gone along the Concord road, and I
will send word thither. am fully
serious, and I hope your decision will
be effectuaL I intended doing myself
the pleasure of being with you tomor-
row. My respects to the committee.
an OD- JOHN HANCOCK"
Mr.. Benjamin says If Hancock, of
the committee of safety, knew at 8
o'clock troops had gone along the
Concord road, Lexington and Con-
cord were fully aroused to the danger
of the coming British troops and there
would have been no need for Paul
Revere to send
Through the night his cry or alarm
''To every Middlesex village and farm"
The guarded expressions in the
note, Benjamin says, were due to the
troublous times when Hancock might
expect to have his mail seized and did
not want to have the correspondence
betray more information than was alb
Solutely necessary.
The evidence of the Hancock letter
to Gerry has been made known before,
for 1t was published in 1928 in the
rare Life of Gerry" but the date
with the hour of o'clock was omitted
so that, printed with others, 1t caused
no comment. In the original copy the
date is there in Hancock's writing.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-30
GUTHRIE UNDER WATER.
Traffic at a Standstill and 5000 Peo-
pie Homeless.

Guthrie. Ok, Nov. 3O.-As the result
of 48 hour downpour in the valley of
the Cottonwood river and it's tributar-
les the Cottonwood has overfowed here.
Several hundred homes are partially
under water in West Guthrie and 5000
people are homeless. The river is 1 foot
higher than ever in it's history and ris-
ing u inches an hour. Hundreds of peo-
pie who refused to get~out of the flood
ed district believing the river would not
rise so rapidly as it did, fired shots of
distress before sunset last night and
hundreds of boats with an army of res
cuers brought the tardy ones to places
of safety. 1t is believed a few persons
are still in their homes but nothing
definite is known
So rapid was the rise in the Cotton
wood that 20 head of cattle in the af-
fected district were drowned before
they could be gotten out of the water
Street car service is completely at a
standstin. The city's water plant is
under water, $1,000 worth of cotton be-
longing to the Farmers Oil mill was
washed away down stream and 1000
bales are still in the water. The Atch-
ison, Topeka & Santa Fe roundhouse
and shops are inundated.
All railroad trains in and out of Guth-
rie have been annulled- Near Seward
Ok, the Santa Fe tracks are washed
out and the railroad bridge at Red
Rock has been washed out. The Mis-
souri, Kansas & Texas and the Fort
Smith & Western railroads report many
miles of track out near this city The
bound at Crescent. The eastern Okla
homa railroad trains are being held at
saltwater. According to reports reach
ing this. city many miles of track on
these two roads are either washed out
or so completely under water that it is
impossible to move trains.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-30
CITY IN A PANIC.
Port au Prince Fears Entrance of the
Rebel Army.

Port Au Prince, Nov. 30.-The fears
that the rebels will enter Port Au
Prince and loot the city has thrown
the people into an extreme condition of
panic.
All the stores and business houses are
closing and putting up their shutters.
Men are protecting their residences by
barring the doors and windows. and ev-
cry foreigner in the city has put up
over his property the flag of his ma
tion.
The markets are deserted. The coun-
try people who come in every morning
with produce have fed. precipitately
leaving their goods behind them.
President Alexis persists In his deter
nination to continue the struggle.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-30

schools all under one board OF regents
This seemed to be a very popular pro-
posal. 1t will do away at once with all
conflict between the three state lnstl-
tutionS
one of the principal subjects dis
cussed was that of good roads; better
school laws were also discussed
There was no open discusson OF 1ne
question of patronage of jobs. me
meeting commenced at 10 a m. anu a
lasted until p. m, and the people
present took lunch at Mr.. Stuops
country home.
There are now three Kansas con-
gressmen in open revolt against the
reelection of Joseph G. Cannon as
speaker of the house. The three are
Victor Murdock, w. A. Reeder and Ed
Madison.
Congressman Madison of the
Seventh district is a new recruit to the the
revolutionists. He says he is for
Townsend of Michigan for speaker.
Congressman Reeder will oppose Can
non in the caucus, but will support
him if he is nominated.
A Washington dispatch says that
there are 43 Republican congressman
lined up against Cannon. Their
names are given as follows:
Barnard, Indiana; Bennett New
York, Burton, Ohio; Cooper, Wis
Minnesota Douglas. Ohio; Esch, Wis
consin; Fowler, New Jersey; Foster
Vermont; Gardner, Massachusetts,;
Goebel, Ohio; Hayes, California; HIN
shaw, Nebraska; Hollingsworth, Ohio;
Rowland Ohio; Kennedy, Ohio; Lind
bergh, Minnesota; Longworth, Ohio;
Lafean, Pennsylvania; Madison, KAN
sas; Mccall, Massachusetts,; Murdoch,
Kansas; Lenroot, Wisconsin; Miller,
Minnesota; Nelson, Wisconsin,; Norris,
Nebraska; Perkins, New York;
Plumly, Vermont; Reeder Kansas;
Smith, Iowa; Stevens, Minnesota;
Slemp Virginia; Townsend Michigan;
Taylor Ohio; Thomas, Ohio; Wash
burn, Massachusetts.
Congressman Anthony of the Sec
ond district says he is in favor of a
revision of the rules, but does not de-
clare himself against Cannon. He
says: 81 am for Townsend's platform
of revision of the rules and l shall
stand for that principle. While l have
not committed myself either for or
against Mr.. Cannon for speaker, you
can say for me that I will vote for no
man for speaker who opposes
change of the rules of the house. On
the speakership question I am un-
myself for any candidate until 1 am
able to familiarize myself with the
situation at Washington.
1t is reported that c. D. semple,
cashier of the First National bank OF
Conway Springs, has been slated in
Washington for the job of national
bank examiner for Kansas to succeed
J. 7. Bradley Mr.. Semple is a nephew
of C. S. Jobes, formerly national bank
examiner.
Atchison Globe: B. p Waggener has
sold 600 tons of alfalfa to Kansas City
dealer and will ship out three carloads
Monday. His alfalfa crop this year will
bring him $1,000. That is pretty good
for a town farmer.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-30
DICK LINDSAY DEAD.
Well known Newspaper Correspond
ent Victim of Kidney Trouble.

Washington, Nov. 30.-Richard H.
Lindsay, Washington correspondent of
the Kansas City Star, one of the old
est of the Washington correspondents,
died here today at his home. Mr..
Lindsay was taken sick at Hot
Springs, Va, week or ten days ago.
His illness was not thought to be
particularly serious. President-E Elect
Taft, a long time friend of Mr.. Lind
say, called on him a few days ago at
which Mr.. Lindsay expressed the be-
lief that he would be out in a short
time. @Ifeas returned to his Washing
ton home on Saturday. From that
time he gradually grew worse until
the end came today. His illness was
due to complication of kidney
trouble and indigestion.
Mr.. Lindsay was a member of the
Gridiron club and a member of the
standing committee of Washington
correspondents.
Mr.. Lindsay lived for several years
in Topeka. He was Kansas cor
respondent for Kansas City papers
during his residence here and left
Topeka to become managing editor of
the Kansas City Times and when
that paper failed became Washington
correspondent of the Kansas City Star.