davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-25
Mr.. MALLORY RESIGNS.
His Congregation Refuses to Accept 1t.
However.

Rev. Frank e. Mallory, member of the
school board, who for the past is years
has been pastor of the Third Christian
church in this city. has rendered his resig-
nation to the church. However, when the
resignation was brought up for action at
the close of the services Sunday morning,
the application was not accepted, the ac-
ton being unanimous. Since the resigna-
Mr.. Mallory has not decided yet as to
whether he will withdraw his resignation
or not. But it is generally thought that
he will decide to remain, as strong pres
sure is being brought to bear on him.
Rev. Mr.. Mallory began his pastorate
with this church in October. 1893 and has
that time. When he was first called to
the pastorate the services of the church
We're held In frame store building on
East Sixth street. Through his efforts the
church building which is now a large
structure, was erected on the site at Third
and Lake streets. -.xa.. .t
pastorate as he was a young man when
he came to work on the east side. His eff
forts among the members of the church
were successful from the start and during
the first year 200 members were added to
the church rolls. The present membership
Of the church is in the neighborhood of
any of the east side churches.
Mr. Mallory is regarded as one of the
strong men of his denomination in Kan
sas For IA years he has been member
of the state board of the church, this be-
ing the highest organization of the Chris
tian church. He has held every position
on the board and is now filling his third
year as president. He was until recently
identified with the Preachers Institute OF
the State Christian churches. and at the
time of his resignation because of ill
health few months ago, was secretary.
Mr.. Mallory is also prominent in educa-
uonal circles: He has been a member OF
the Topeka Board of Education for the
the past ten years and for five years was
president. Among the shopmen of the
east side he has big influence and al
the present time is holding weekly meet
ings in the machine shops. His meetings
are always well attended by the shopmer
effort is being made to induce Mr. Mallory
to withdraw his resignation, and it is
thought he will announce his intention in
few DAYS
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-25

up this beautiful and fitting custom.
The Sons of Veterans and heirs Of the
old veterans are asked to take up the
work Of their fathers and be present.
On this day.
Mr.. Chas. Hoyt has moved his grain
office from the Citizens Bank building
to the Morns & Meyers building.
Mr.. Frank Britenstein Of GIT North
Van Buren, street went to Kansas City
this morning on a short business trip.
Mr.. and Mrs. B. Miller of 1920 North
Kansas avenue returned home from
Pittsburg, Kansas, today where they
spent the past week the guests of Mr..
Miller's relatives.
Mr. and Mrs. Abe Smith of Grant
vile, Kansas, spent Sunday the guests
Of Mr.. and Mrs. Ed Seals of 1122 North
Van Buren, street. -i
Mr. J. w. Cochrans Of Kiro spent the
today in town.
Mr.. Chas. Steinberger of Wa-Keeney.
Kansas, was called here yesterday on
account of the serious illness of his
father.
Mr.. and Mrs Joe Mullen returned to
their home in st. Louis today after
spending a month visiting relatives and
friends in North Topeka and vicinity.
There will be several candidates in
itiated Tuesday evening at Shawnee
Council No. 3 X. and L. OF S.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-25

$25 in police court this morning on
the charge of carrying a revolver. His
explanation to Judge Urmy that he
was carrying the weapon for self pro-
lection did not impress the judge to
any degree of leniehcy. Seven drunks.
the fruits of the policemen's labors
over Sunday were fined in court this
morning In the case Of one Of these,
e. T. Geery, an old time negro. who is
industrious when he does not sue
cumb to his great failing for drink,
pleaded not guilty. The judge sent
him back to his cell to await trial in
the afternoon. In few minutes Geery
again appeared before the judge at
his own request and said: 81 guess
made a mistake while ago, yuh
honah, when 1 said / was not. guilty
to that there charge. Use guilty. jedge,
and l hope you'll be easy on the old
coon.'' Geery got on with S..
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-25
THE Law IS GOOD
Judge Pollock Upholds the %
Hour Law Statute.
Railroads Must Observe 1t in
Shipping Cattle.

The constitutionality of the famous
twenty-eight hour law, which provides
that cattle in being shipped to market
ma ynot be kept confined in cars for
a period longer than twenty eight
hours without unloading for rest, feed
and water, is upheld in a decision
handed down late this afternoon at
Topeka by Judge John c. Pollock, in
the United States district court
The law was attacked by both the
Santa Fe and the st. Louis and San
Francisco railroads who claimed that
congress had no power to regulate
commerce springing up between a ter
ritory and a state, that the meaning
of interstate commerce did not en-
brace both territory and state, but be-
tween state and state solely.
sDemurrers were entered by both
railroads to suits filed by the govern
nient against the roads for alleged
Violations of this twenty-eight hour
law, the violations having to do with
shipments of cattle originating in the
Indian territory and consigned to
stockyards at Kansas iCty. The de-
murrers were overruled.
This Is the first time that the law
enacted by congress in June 1906 has
been called in question and it is note
worthy from this standpoint alone.
The decision of Judge Pollock says
in part: Counsel for the defendant
freely concede. as they must do. the
full ample, and complete power of con-
gress to legislate in any and all re-
spects in relation to commerce wholly
within a territory. They further con-
cede as they must do, the same ample
power of congress under the interstate
commerce clause of the constitution, by
legislation to regulate commerce
''among the several states" But 1t is
contended commerce flowing from a
territory into a state, as in the case at
bar, or commerce flowing from a state
into a territory, is not commerce
"among the several states" as that
language is employed in the constitu-
ton. Therefore it is contended that
the power of congress over such COM
merce must and does cease at the
boundary line between the territory
and the state.
After quoting decisions in support OF
the contention that congress has the
power and that Interstate commerce
takes in both state and territory it Is
said:
The question here at issue whether
necessarily involved in the decision OF
that case or not, was disposed of as
settled law by Mr.. Justice Holmes, de-
livering the opinion of the court in the
following language: 1T may be as
Z, sumed that this power of congress over
commerce between Arkansas and the
lnoldn = 1e1GilOTy Is nOI less tndn It's
power over commerce among the
states
Il am therefore impelled to hold ir
this case that the demurrers do not lie
In certain cases brought by the gov
eminent against the Atchison, Topeka
& Santa Fe Railway company based
on the provisions of the same con-
gressional act, the defendant has filed
demurrers raising the question of the
right of the government to join several
causes of action for penalties claimed
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-25

items for the North topeka column mag
bo left at the Petfo & Woodford drug
store, $50 North KanEaS avenue. or call
the North side reported at her home
lad. phone Gil
Piano given away free. Get coupons.
PRATT BROS.

Piano given away free. Get coupons.
PRATT BROS.
Sheriff and Mrs. Wilkerson returned
home last night from Missouri where
they have spent the past Few Gays the
guests Of Mrs. Wilkerson's parents.
Miss Lillian Todd returned home to-
day from Cawker City, Kan. where
she was called a few days ago on &C
count of the serious illness of her
father.
Miss Myrtle Gorden returned home
today from Emporia, Kan, where she
visited relatives and friends over Sun
Mr.. Clarence Anderson returned to
work this morning after being off sew
eral days on account OF Illness
Miss Stella Smith of ODerlin, Kan,
came here yesterday to visit friends
and relatives for about two weeks.
Mr. Carl Wilson of Lawrence. Kan.
returned home last night after a few
days visit with friends here.
Miss Elsie Moore is able to be out
again after a two weeks Illness.
Mr.. T. T. Vance and little son George
of Leavenworth, Kan, spent Saturday
and Sunday here the guests of rela-
tives.
Miss Cora Thompson of Atchison.
Kan, returned home today after being
called here a few days ago on account
of the illness of her sister, Miss Myrtis
Thompson.
Mr.. Howard Mitchell is suffering
with an attack Of blood poison in his
foot, caused from stepping on a rusty
nail.
Mr.. E. A. Ward of Kiro, Kan, spent
the day in town today on a short BUSH
ness trip.
Mr.. j. E. Guild and Mrs. w. A.
Luthye of Silver Lake, Kan, spent
Sunday in Topeka attending the con-
vention at the Methodist church.
Mr.. C. H. Goodwin Of Kiro, Kansas,
was among the North Topeka visitors
today.
Ed and Park Jennings went to KAN
sas City this morning and will spend
several days on a business trip.
There will be a Memorial service held
Nav 40 at the Prairie Home church at
o. m. There is now demand to keep
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-25
LOCAL MENTION.

DR.. S. Temple Osteopath. 735 Kan
ass ave- Ind 1e42. Res. 6174.Bell 1888.
superb picnic grounds, boating. fish-
ing. GARFIELD park. Boats Csc per hour.
Fine Boating and fishing at Garfield
park. Boats 25c per hour.
Regular dinners served daily at
vinewood park cafe from II till p.
M. and from $3.50 till 2. m. Try
one at SIS cents. Mrs. E. M. Burnett,
caterer.
An old time leaf tobacco salesman
who was in Topeka yesterday. said Ea-
xle's Rose Tint cent cigar contains 9
batter quality Of tobacco than most II
cent cigars of eastern manufacture
At all dealers. The Big Tromp 5
cent cigar.
All your friends have an Independent
telephone. Why not be within SPEAKING
distance with them all the time Let
US install one today.
Your grocer sells Ideal washing
Flake. Try 1t wash day.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-25
TO be A PRINCESS
Marriage Contract Between
Anna Gould and de S.gan
IL In Course Of Preparation by
the Lawyers.
HER FAMILY YIELDS.
All Oppoaition to Their Union
Has Been Withdrawn.
story OF Ceremony in New Jersey
Is Positively Denied.

Paris. May 25.-M. Cachard, attor-
ney Tor Nine. Anna Gould, who is at
present engaged in preparing the con-
tract Tor Nine. Gould's marriage to
frince Helie De Sagan, authorizes the
associated Press, to deny absolutely
the story that the couple were secret
~ married at Hoboken, N. j.. on the
evening OF their departure from
america last month. AS already stat
iami!y's opposition to the marriage
mas been withdrawn. The marriage
VIII take place soon. the French law
requiring that the bans be published
~ days In advance of the wedding.
There will be both civil and relig-
1ous ceremonies, the latter under the
protestant rite. The couple will be
married under what is known in
France as the separation of property
regime" each party to remain in alb
solute control OF his or her own for
tune, which in the event of death,
the heirs of the deceased. After the
marriage the couple will reside in
France, the idea of selling Nine
Gould's magnificent mansion on the
Avenue Malakof and her country
seat. the Chateau Marais. and living
abandoned.
Count Boni de Castellane, the d.
yorced husband Of Nine. Gould, is
prepared the moment the bans are
published to bring suit to transfer the
custody Of the Castellane children to
himself on the ground that Prince De
Sagan is not fit to be their step-father
The count. however, is not vet ap-
prised of the exact situation, as he
imagines that Nine. Gould is still hes
itating with regard to the marriage.
He counts upon the continued oppos<-
ton OF George Gould who, he says, is
expected in Paris within a Fortnight.
There is an intimation from sources
friendly to Nine Gould that Count
Boni would not dare bring suit for the
custody OF his children. as 1t would
assuredly provoke the revelation of
certain damaging matters affecting
him which heretofore have been held
in reserve
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-25
FIVE ARE DROWNED.
Three Are Seriously Injured in Okla.
| hOma Floods

Oklahoma City, Okla, May rs
Five persons are known to have lost
their liveatinthe floods in Oklahoma
Several others narrowly escaped
drowning and three are known to
have been seriously injured.
The dead:
A. B. HOLLAS, WIFE AND BABY,
near LAwton.
WILLIAM LINDLAY, a farmer
near Anadarko.
THOMPKINS CHEEK, farmer
near Shawnee.
Near Meeker, a whole family was
injured more or less seriously. The
natural gas supply of Oklahoma City,
was shut off today, by the bursting Of
the huge gas main near this city.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-25
JUSTICE DENIES IT.
Clincher Put on the Story That Anna
Could Is Married.

New York, May 25.-Justice of the
Peace William Budenbender Of Ho-
boken. whose name had been mention
ed in connection with the reports that
Prince De Sagan and Nine. Gould were
married in New Jersey, denied posi-
lively today that he performed the
marriage The statement from Justice
Budenbender was brought forth by a
summons on a complaint, directing
him to appear before the board OF
health and explain. why he had not
filed certificate within 80 days If he
had in fact officiated at the marriage.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-25

The state board of bar examiners as
sembled in Topeka today and passed
upon the sixty-eight applications for
permission to take the state bar ex
animation. An applicant for this ex-
animation is not only required to put
up SIS. but he must also esta bljsh the
fact that he has sufficient general
education, and is of good moral stand
ing.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-25
Water Company Case Appealed,

The Winfield Water company today
appealed to the supreme court from
the decision. of. the Cowley county
court in the fight which the company
is making against city ownership in
winfield The. city voted bonds to pay
for a city plant, and the old company
is fighting for a new franchise: The
lower court declined to help the old
company.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-25
MARRIAGE BONO CUT.
The Vanderbilts Are Divorced and She
Gets the Child.

New York. May 25.-An inter-
loctory decree of absolute divorce was
granted to Mrs. Elsie French Wander
bilt from Alfred G. Vanderbilt by Jus
tice O'Gorman in the supreme court
today. Mrs. Vanderbilt is given Gus
today Of the only child. a boy.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-25
MIR. JACKSON AND ELwooD.
Discredfted Preacher Wasn't Backer Of
His Crusade In Leavenworth.

Concerning the statements in the Leav-
enworth dispatches that E1wood, the dis
credited I.eavenworth preacher. was the
chief ''backer" of Attorney General Jack
son and the prohfbitory movement in that
city, Mr.. Jackson said today:
''I have met Mr.. Elwood in Leaven-
worth, but he never gave me any infnr-
nation concerning Leavenworth joints.
Nor was it Elwood who invited me to
speak over there. 1t was the ministerial
union. All 1 know of Elwood's having
done for the prohibitory movement was
to sign Robert Norris bond"
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-25

w. G. Brooks. the colored orator
of North Topeka. has announced him
self for the approaching campaign.
Secretary Taft for president. w. r.
Stubs for governor Of the state OF
Kansas, T. D. Humphrey for county
attorney of Shawnee county, John
Wilkerson for sheriff. D. r. Anthony
for congress for First district.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-25

on separate and distinct shipments.
After full consideration, l am of the
opinion such causes of action may be
joined in different counts in the same
case, and that the demurrer on the
ground Of misjoindure must be over
ruled as not well taken"
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-25
New York Money Market.

New York. May 3.-MONEY-Money on
call easy, 1A@1% per cent; ruling rate IN,
closing bid ~, offered at tx. Time loans
somewhat ffrIner. Sixty days, "a per cent |;
80 days, 2A per cent! months. 5xG3st per
cent.
CLOSE: Prime mercantile paper $40
per cent; sterling exchange easier with ac-
tual business in bankers bills at 81 $40 for
demand and at A.s54 for 60 day bills; COM
mercial bills. a. s4ss
SILvER-Bar silver. 53Ac; Mexican dol
lars. 47c.
BONDS-Government bonds steady.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-25
MAE WOOD IS OUT.
She Signed Her Bail Bond Mae C.
Wood.PIatt.

New York, May s25.-Mae c. Woods.
the woman from Omaha, who sued
Senator c. Platt for divorce, alleging
that she was secretly married to him
in 1901, was released in $1,000 bail
today Miss Wood is charged with
perjury in the testimony heard in the
case in court last week.
When the bail bond had been made
GU. Miss Wood signed it Mae C.
Wood-Platt"
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-25
Attention, Sir Knights.

A special conclave of Topeka COM
mandery No. s, will be held Wednes-
day evening, May 27, commencing
promptly at 1880. Work, order of the
temple. Supper will be served al
$3.50 By order of
PETER COUTURE. Eminent Com
mander.
HARRY F. WHITE. Recorder
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-25
SUBSTITUTE BODY.

Supposed Remains OF Mrs. Guinness
Said to Be May O'Reilley's.
Laporte, Ind, May 25.-That the body
from Rochester, N. Y, last fall, was sub
stituted by Mrs. Guinness for her own in
the fire is the latest theory advanced by
Attorneys barrow and Worden, attorneys
for Lamphere The attorney claim to
have secured evidence to substantiate
such belief.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-25
cotton Advanced Al Points

New York. May 8.-The highest points
of the day were reached on the cotton
market in the late afternoon when July
went 81 points above saturday
The Washington bee., 1908-04-04
ROOSENELT,S TASK.

President Roosevelt is committed
to great task, and the patriotism OF
the American people is interested in
the issue. He wants the national
power to be extended TO national
questions. He wants to curb the pro-
vincialism of States and the com
mercialism of individuals; to keep
under control, as much as possible,
the tyranny of the ones and the ac-
tivity of the others 1t so happens
that suffrage qualification is still
within the province of the States,
but the day may, and should, come
when the people will remove that re-
serve and transfer it to the National
Government for Federal regulation,
just as they have done for the boil
weevil and the gypsy moth. When
that time comes, and come it must,
it is stated that we will witness the
sublime wisdom of the Presidents 5
policy.
For prudential reasons it may be
we'll that the colored people OF this
country should cease to antagonize
the President, and, instead, endeav-
or to cultivate his friendship, Just as
the weak should seek and cultivate
the friendship of the strong. The
Bee hopes that this question of SUI
frage may soon be transferred to the
National Government for regulation,
and no longer left with the States.
Let us get on good terms with our
public men, especially those Of the
Republican party, and help them think
as we do that all parts of the Con-
stitution are sacred, and should be
saCredly observed - the parts that
are new no less than the parts that
are old
All signs point to the nomiantion
of Secretary Taft on the first ballot
1t is no longer a theory, but a condi-
ton that confronts us. The senti-
ment of the members of Congress, as
The Bee CLEANS it, is that it is now
to defeat the nomination
of Mr.. Taft.
The Washington bee., 1908-04-04

to the cOlored voter to warrant him
in supporting that party? Is it
not a fact that every act of the
Democratic party has been to de-
grade the colored American? The
colored man must either cast his
vote against his own party or sup
port Vardaman, Tillman, Thomas
Dixon and others in the Demo-
cratic party who are inimical to the
colored man. Every disfranchise
act is the creation of the Demo
cratic party. Every oppressive
measure at home or abroad is the
creation of the Democratic party.
1t is true that Mr.. Bryan has new
er uttered one word against the
colored American, and it is equal
ly true that he has never said any
thlnS III his favor.
The colored American must do
something. He must show by his
superior ability that he is a man
and a citizen. He cannot be an
independent because he is depend
ing on the superior race for that
which he should be able to do him
self. If the colored man goes to
the Democratic party, will he be
benefited? This is now the ques-
ton. He must decide between the
Democratic party and the nominee
of the Republican party, whoever
he may be.
1t would be mwise for the col
ored man to adopt the maxim OF
the belly in a man and the other
members of his body in their at
tempt to starve the stomach.
The Washington bee., 1908-04-04
CARRY THE NEWS TO WAL.
TIERS.

While the disgruntled Negroes of
New York were assembled in mass
meeting in New York, listening to
the infammatory speeches of Bishop
Walters, Max Barber ct al, Repre-
sentative Hef1in, of Alabama,a "a South
ern Democrat, was going armed to
shoot down some defenSeless Negro.
In the same morning papers that car
ried an account of the Negroes meet
ing in New York, in which they
were denouncing. without rhyme or
reason, and in the most abusive lam
guage, the President and Secretary
Taft, there also appeared the start
ling news that Representative Hef-
lin, of Alabama, a Southern Demo
crat. had shot down from a street
car in Washington, D. c., within but
few blocks of the nations splendid
Capitol Building, an unarmed Negro.
And the Negro was It street,
while Representative Helm, coward
that he is, was shooting at the Ne
gro through the car window.
This is the answer; this is another
answer to those Negroes that are ad-
vising that the Negro vote bolt the
Republican nominee for President.
Representative Heflin had no provo
cation to shoot The Negro was un-
armed; and, to add to the shocking
affair, there were white ladies in the
car, and a white man also received
one of the bullets fired from Repre-
sentative Hefin's gun.
These are times for cool delibera-
ton. Times in which the discrimi-
mating sense of justice can only be
reached when a cool head calmly con-
siders the actions and the thoughts
that may be far-reaching in their eff
The Washington bee., 1908-04-04
WHICH

The colored voters will very
shortly be called to select their
choice of principles, parties and
men. They must decide between
" Jim Crowism,' the principles OF
Vardaman, Tillman, Thomas Dix
on and their oppressive measures,
which have disfranchised the col
ored people in this country. With
all of its faults, the Republican
party has never joined the conspir-
acy to eliminate the colored voter
from the body polite and it has
never given aid and comfort toilet
lin of Alabama.
OF course the colored man must
do something, He must demon
strate to the world, notwithstand-
ing the oppressive laws, he is able
to withstand them.
The principles ofVardaman, Dix
on, Hehin and others mean that
colored Americans have no rights
which they must respect The col
ored Americans have had enough
to cause them to change their pol
itics. but where are they to go IS
the burning question. VIII the