The Salina Daily Union from Salina, Kansas • Page 1

XT 11 A TT THE UNION. Fair tonight and slightly cooler in the east. Sunday lair and warmer in the vest. -AST EDITION 4 O'CLOCK VOLUME XVI. SALINA, SALINE COUNTY, KANSAS, MONDAY, JULY 14, 191 NUMBER 27.

JLX Jl-JL. "JUDGE" SAMUEL J. SEATO FIRED 5 SHOTS ill PLATE MANUFACTURE BY GOVERNMENT SUGGESTED ANSWERS JUDGE RITCHIE ed as the men on the Sondberg place were afraid to stop him while he had the shot gun in his possession. Drs. E.

W. Hawthorne of Kipp and Dr. W. E. Mowery of Salina were called but as Parohl was instantly killed thiir services were not needed.

From the Sondberg place the murderer continued on his way home. There he made threats to kill his two oldest sons, Clarence, aged 20 and Lawrence, aged 18. He was prevented from taking their lives by Walter Berger a neighborhood farmer who happened to be with the boys at the time. Berger grasped Johnson's gun and wrested it from his hands. Afterwards the Johnson boys and Berger left the Johnson farm.

Knife, Hammer and Razor For some reason or other Sheriff Anderson of Salina was not notified of the murder until nearly two hours after it occurred. Accompanied by Undersheriff Swanson and County Attorney Hamner, Anderson went to the Johnson home. Fearing trouble from DEFENDS THE BLUE SKY IN A CLEVER, WELL WRITTEN ARGUMENT UNITED STATES PAYS TWO PRICES TO THE STEEL COMPANIES GOVERNMENT PAYS FROM $400 TO $700 A TON FOR PLATE THAT CAN BE SOLD AT A PROFIT FOR LESS THAN $250 BY THE TRUST. Carnegie Company Has Always Ribbed The S. Senator Ashurst of Arizona Is Leading The Fight in Favor of Eliminating The-Graft of the Carnegie Steel Company Charges Are Ex-horbitant and Plate Is Rotten.

THE HEAT RECORD. Todav, (2:30 July 1310-5. July 110. July 7106. July 106.

July 5100. July 4101. p. 106. June 25 May 31-May 30-May 29-May 28- -102.

-100. -101. -105. -104. is sometimts called the Kansas language, and is chiefly remarkable ior getting right down to the meat of the nut, and rejecting the shell, just as the supreme court of Kansas has been one of the first to reject the quibbles and technicalities of the legal profession.

I know very well that I am not giving you any information that you did not have before, and I am writing you this letter for the same purpose that you wrote yours, to-wit, to get my views of this law in print, lr 1 am mistaken in your purpose, beg your pardon a thousand times and shall be most glad to see you at the executive offices any time you are in Topeka. Very Truly Yours, S. T. SEATON, Topeka, July 11, 1913. PRESIDENT RETURNS Again in Washington After A Week at His New Hampshire Summer Home Washington, July 14.

The president has returned from New Hampshire where he has been spending a few days at his summer home with his family. He enjoyed his trip, feels much better and reports that he (pJJJIVl twelve pounds during the week's vacation. DEATH CAUSE FROM PTOMAINE POISONING PROVED FATAL TO MRS. ANNA DUGAN WAS ILL SEVEN WEEKS Only Child Died Two Months Ago-Funeral Will be Held Wednesday Morning Mrs. Anna Dugan, wife of Marshall H.

Dugan, died at 3:55 o'clock Sunday afternoon from ptomaine poisoning. She had been sick seven weeks. The poisoning resulted from eating canned goods some time ago. Death occurred at the Dugan Home, one and one-half miles north and three miles east of Mentor. Mrs.

Dugan was born in Salina June 16, 1885 and lived here all her life. She was 28 years old. She was married January 26, 1904 to Marshall Dugan. One child was born to them hut the child died two months ago. Her father, Martin Bohan is dead.

She is survived by her husband, he mother, a brother, B. Worth, and three sisters, Mrs. J. N. Bailey of As-saria, Mary Bohan and Maggie Wrorth.

One brother is dead. The funeral services will be held at th? Catholic church Wednesday morning at. 9 o'clock. Father Maher ill be in charge. Interment will be maue in Mount Calvary cemetery.

TURKEY JOINS ALLIES FRANCE ASKS BALKANS TO BANDON BULGARIAN WAR Greece, Servia, Roumania, and key About to Combine A-gainst Bulgaria Fari3, July 14. P'rance has joined with Russia in an appeal to the Balkan states to cease hostilities against Bulgaria. Roumania, Greece, and Servia refuse to quit fighting until Bulgaria unconditionally accepts their terms. There is every indication today that Turkey will join with Greece ani Servia in a concerted attack on Bulgaria unless peace is at once forced by the action of the European powers. Plans for this new alliance are being rapidly matured.

THIRTY BABIES ENTERED The Show at the. Palace Theatre Will Have Plenty Manager Ackerman stated today that there were already some thirty-entrants in the baby show which is to be staged at the Palace theatre for ten days. Thirty mothers have called at Rolfe's studio to have their oa- bies photographed and these photo- graphs will be exhibited on the screen. WAS HARD ON CORN Clay Center, July 14. Sunday's hot winds, following a long dry spell, certainly knocked the corn crop hard in this sectioh.

The bulk of it was caught just in the tassel, being late this year because of the wet spring. HENRY PAROHL INSTANTLY KILLED BY SWAN JOHNSON. MURDER WAS PREMEDITATED, JOHNSON SLIPPING UP BEHIND PAROHL AND FIRING. JOHNSON TRIED SUICIDE Cut Throat But Injuries Are Not Serious Trouble Arose Over a Hay Transaction in Which Only $1.25 Was Involved. o'clock on the John and Will Sond berg place 2 miles west and 2 miles south of Kipp.

Johnson's act was premeditated. Parohl was working on a traction engine on the Sondberg place with Roscoe Swift. Johnson slipped up behind the two men and fired five shots at Parohl from a double barreled shot gun. Three of the shots took effect and Parohl was killed immediately with the firing of the last shot. The killing was witnessed by Roscoe Swift of Kipp and by Johnson's two youngest sons, Wilbur aged 16 and Reuben aged 13.

Chas. Miller of Kipp also saw the last shot fired. After shooting Parohl Johnson deliberately walked to his home a half mile west of the Sondberg place and there attempted suicide. In his efforts to end his life Johnson cut his throat with either a razor or a butcher knife, both of which instruments were found on a chair beside him as he was lying or. the floor of the dining room of his house when found by Sheriff Anderson and Undersheriff Swanson.

Swanson' was brought to Salina last evening and is now in the St. Barnabas hospital. His condition is not serious, however. Neighbors of Johnson and Parohl say that many times Johuson has threatened to kill Parohl There has been an emnity between the two men for about a year which arose over a hay transaction amj ounting to $1.25. Parohl's body was also brought to Salina last night and is now at the Berg Undertaking parlors.

Swan Johnson was in no condition to talk this moraitrg." The only words he said was to ask Undersheriff Swanson if that "damn Dutchman" was dead. Mrs. Parohl is prostrated with grief and could not be Interviewed this morning and as to the relation that existed between her husband and the murderer. Swan Jo'son is about sixty years old. He has always been eccentric and since moving into the neighborhood of Kipp has often had altercations and quarrels with his neighbors.

Mrs. Johnson filed suit for divorce against her husband three weeks ago today alleging extreme cruelty as the grounds and since the filing of the divorce petition has lived in Salina at the home of the E. J. Berglund family! The Johnson's have four sons tall of whom have been living at home on the farm five miles southwest of Kipp. Henry Parohl, the murdered man had lived in the Kipp neighborhood for about three years formerly living in the vicinity of Bavaria.

He lived alone with his wife on their farm as they had no children. Parohl was 45 years old. Hid Gun in Sack The first shots fired by the murderer occurred in a field about three hundred yards south of the barn on the Sondberg place. Parohl with Chas. Miller and Roscoe Swift were working with a traction engine in the field.

The two Johnson boys were watching the men at work. Johnson had sneaked up behind a hedgj east of the traction engine with his shot gun wrapped in a white gunny sack. The hedge was about 111 feet irom the traction engine. Crawling through the hedge Johnson came up behind his unsuspecting victim. He was hidden from view by a nearby lumber wagon.

The first any of the witnesses knew of Johnson's intentions was when he pulled forth the shot gun from beneath the gunny sack and let go a full load into the broad of Parohl's back. Kicked Victim in Face Parohl immediately began to run into the field in a southwesterly direction when he saw Johnson's intentions. Johnson reloaded the empty barrel of his gun and immediately fired two more shots at his victim. It is not thought that either of these shots took effect. Parohl ran a few yards and then turned north toward the Sondberg barn.

A few yards further he was again shot by Johnson. The shot that finally dropped Parohl occurred within a few feet of the barn after pursued and pursuer had climbed a barbed wire fence, Parohl had evidently become weakened from the loss of blood as Johnson gained on him and was only 60 feet away when the fatal shot was fired. To protect himself Parohl turned and lifted his arm over the right half of his face as a shield. Johnson's shot took effect in Parohl's upraised arm and in the left half of his face. Parohl dropped in his tracks and to follow up his deadly work Johnson sicked his victim twice in the face.

Wanted to Kill Sons The murdered man was carried in the shade by several men who had run to the scene of the murder. John- son was allowed to go home unmolest-1 ASSUMES THAT RITCHIE WAS SE ANSWERS OBJECTIONS THE SALI Not The Letter But The Lawyers Have Never Had Any Luck Laws When Their Objections Meaning of the Statu When S. J. Seaton received David Ritchie's letter with inquiries aboiu the blue sky law he at once took his pen in hand and replied to the Salina lawyer, lie was not at all dismayed by the arguments of Judge Ritchie and proceeded to tell him just where in the judgment of Judge Seaton he was wrong. Like Ritchie, Seaton was perfectly willing to take the pub-lie into his confidence and furnished the Union with a copy of his letter.

Here it is: Hon. David Ritchie, Kansas. My Dear Sir: 1 beg to acknowledge the receipt of your letter of July with reference to the so-called Kansas Blue Sky Law. Inasmuch a.i your letter to me was also g'' en to the press, I cannot believe that are really seeking information from me, but have rather taken advantage of the "open letter" route, as a means of making public your own views as to the interpretation of this law. Coming as it does from a lawyer of your high standing and reputation, I am constrained to believe that your letter was conceived as a jest, or perhaps for the purpose of having a little fun at the expense of your huai-ble servant.

1 am "quite sure that you are lawyer enough, and so fully acquainted with the rules of statutory construction, which prevail in the state of Kansas, as not to require any legal advice from me on any subject. Inasmuch, however, as your letter has been given to the public, and as the fair construction of it is that in your opinion the two cases you state are within its terms, and therefore the law a bungling absurdity, I will treat your letter for public purposes, in a serious vein. You say in substance that you have a note for $25, given you by a client lor a fee, and that you also own a share of stock in a local grocery company, which is one of the most sound and reputable business institutions in central Kansas, managed upon a high and honorable asis. You want to know, before entering sinto negotiations for the sale of this note and this of stock, whether the Blue Sky law of Kansas has any application to you, or will preclude you in any way from consummating negotiations for the sale of the same. You cite section One of the Stature enacted last winter, and assert that "unless the English language has lost its meaning." EVERY PERSON who offers or negotiates for the sale cf of takes subscriptions for any stock, bonds, contracts or other securities of any kind or character, is included in the name of "Investment company." I have no hesitation whatever in saving that in my judgment you may offer for sale, and sell your note and share of stock in this state whenever vou can find a buyer, without laying yourself liable to the penalties of the Blue Sky law, notwithstanding the use of the very general words "EVERY PERSON" used in section One of the act above referred to.

The question you raise is not. a new one either in Kansas or in the other States of these United States. It has been raised in almost every case involving the constitutionality of restrictive laws enacted under the general police power of the state. It was contended in the case of lh3 state vs. Smiley, 65th Kansas, page 240, that the language of the Kansas anti-trust act was so broad and comprehensive in its terms as to be inclusive of classes of persons and kinds of business, which it would be unreasonable and tyrannical to regulate in the mode attempted.

Two of these "innocent instances" were cited, and it was contended that by reason of the broad and comprehensive terms of the statute, it was unconstitutional. The supreme court of Kansas said that if the statute was to be enforced against the classes of persons mentioned, and to the utter length stated, it would not hesitate to declare it to be violative of the most fundamental principles of constitutional right. But the supreme court held in that case that the statute was not un-constituional. It said: "Throughout the entire history of English and American law, the courts have been ruling that the general words of statutes were to be restrained in import and application whenever the taking of them in a literal MOUS IN HIS QUESTIONS AND TO THE LAV RAISED BY f.A obRIST Spiiit of The Law Prevails In Fighting Constitutionality of the Were Based on the Literal tory Wording sense would lead to absurd or hurtful consequences. And the same is trus under the American system of written constitutions, whenever the taking of general words in their full signification would expose them to conflict with the organic law." The court further says: "Wc construe the general words of our statute to be comprehensive only of those cases which are the rightful subjects of legislation of the kind in question.

However, we disavow doing so merely in order to shelter 'he state under the rule mentioned, but because the ancient established and wise canon of interpretation requires it to be done. Sporadic and anomalous eases indicating to the contrary may be found, as they may be found to, the contrary of every settled, accepted doctrine of the law but the rule that the general words of statutes will be restricted in application to cases presumptively within the legislative intent has been so long accepted as a cardinal principle that its occasional denial, even by the most learned of courts, fails utterly of adverse impression." You are doubtless familiar with the tact that trader-an-ancient EngltHlr statute "Whoever drew blood in the streets should be punished with the utmost severity," and that even in that early day, a lawyer was found who contended that this statute included a surgeon who opened the vein of a person having a fit in the" street; but a wise court held that construction to be an absurdity. At the risk of being prolix, I cite for your edification the language the learned Plowden, cited and followed by our own supreme court in the Intoxicating Liquor Cases, 25 th Kansas, page 751: is not the words of the law, but the internal sense of it that makes the law, and our law (like all others) consists of two parts, of body and soul. The letter of the law the body of the law, and the sense and reason of the law are the soul of the law, quira ratio legis est anima legis. And the law may be resembled to a nut, which has a shell and a kernel within.

The letter of the law represents the shell, and the sense of it the kernel; and as you will be no better for the nut if you make use only of the shell, so you will receive no benefit from the law if you rely upon the letter; and as the fruit and profit of the nut must lie in the kernel and not in the shell, so the fruit and profit of the law consist in the sense more than in the letter. And it often- happens that when you know the letter, you know not the sense; for sometimes the sense is more confined and contracted than the letter, and sometimes it is more large and extensive." In these Intoxicating Liquor Cases the supreme court said that in tha interpretation of statutes, regard must be had to the evil sought to be remedied. The evil aimed at by the statute, we are considering is not to be found in the small personal transactions of individuals, totally lacking all the elements of public concern, but in the get-rich-quick schemes of irresponsible promoters, which are largely advertised in prospectuses, and in newspapers, whose owners are as unscruplous in their money getting methods as the promoters themselves, and by means of which large numbers of people are, or may be induced to invest and by means of which the people of Kansas hava been literally robbed of hundreds of thousands of dollars. These are the things against which it was the purpose of this law to provide a remedy, and this is the purpose which becomes evident when the law is read and construed as a whole, instead of by isolate sections. I repeat what I said earlier in this letter, that time without number, lawyers have attempted to construe the broad and comprehensive language of statutes in a manner that would make them unconstitutional.

and time without number, the courts of this country have refused to be mislead by that sort of legal quibble, and have held such statutes constitutional, as applied to the accomp lishment of the purpose which was evidently the legislative mind when were enacted. My dear sir, the English language has not lost its meaning in Kansas, but the dialect of it which we speak the murderer Anderson and Swanson took precautions upon nearing the iiuu.ir dim vjuiy eiittueu aiici invy Isaw Johnson lying on the floor of the dining room. At first it appeared that Johnson was dead but when the sheriff and undersheriff entered Lie I 1 1 nouse he opened his eyes and upon further examination it was found that his injuries were not serious. Beside Johnson on a chair were a butcher knife and a razor which he had evidently used to injure himself with. In another part of the house a large claw hammer was found, the handle of which was covered with blood.

All of these instruments were taken by the sheriff as evidence. Johnson's Sons Talk Reuben Johnson, the youngest son of the murderer said in speaking cf his father's action in the field on the Sondberg place: "When I first saw dad I thought that he had a club in his hand and when the first shot was fired I thought that the men were chasing either a coyote or a jack rabbit." Wilbur Johnson who also saw the shooting said practically the same thing as his younger brother. Men who were at the Sondberg barn say that Johnson was there a few minutes before the shooting and that he did not have his shot g.in with him. It is supposed that Johnson had his gun hidden behind the hedge as tracks can be seen leading from the north and in one place the hedge is cut away so that a man could crawl through it. A pool of blood remains on the ground Parohl fell.

There is also a great deal of blood on the floor of the Johnson kitchen where it is supposed Johnson must have walked after cutting the gash in his throat. Blood can be seen also between the kitchen of the Johnsn house and the barn and a hammer was found this morning in the barn which -was covered with blood. Always in Trouble Swan Johnson, the murderer has been in many scrapes in this county. Before moving to the Kipp neighborhood four years ago Johnson had a great deal of trouble with his neighbors in the vicinity of Assaria. Last winter he was in the justice court Salina over trouble which arose when he attempted to strike a man over the head with a shovel while the two were working in a road cleaning o'f a heavy snow.

Parohl, the murdered man had lived near Kipp for the past three years. Prior to that time ne had liv ed in the vicinity of Bavaria. He was quite well to do and owned a nice farm in the Kipp neighborhood. The remains of the murdered i.nn are now at the Berg Undertaking parlors. J.

H. Parohl was born in Germany, November 9, 1868. He came to Saline county two or three years ago from Osborne county. He married Mary Myers February 22, 1894 and his wife survives him. They had no children.

The funeral will be held at the Berg undertaking rooms! and the remains will sent to Osborne for burial. Johnson's preliminary will probab-'v be heard this week and his trial will be held during the August term of the district court. STRIKERS MOB CARS STRIKE BREAKERS ROUGHLY HANDLED BY MOBS Lexington Street Car Company Asks Governor of Kentucky for State Troops Lexington, Ky.t July 14. An attempt to run the street cars with strike breakers this morning resulted in general rioting througnout 'he city. Many of the strikebreakers were injured, some of them fatally.

The company quickly abandoned its efforts to operate cars and sent a force of deputy sheriffs to guard its property and protect the men at work. The mobs disarmed the Jep-uties, roughly handled the strike breaking crews, and wrecked and burned many cars. The police are siding with tne strikers and have made very few arrests. The company has asked th-i state for troops to restore order and protect its property and the lives of its employes. Several cities attempting to assist the deputy sheriffs were roughly handled by the rioters.

STOLE FIVE BALES OF HAY. Because Salina Talks About Dickin-Car Friday Night. Some time during Friday night five bales of hay were stolen from a car pn the Santa Fe tracks. The hay was consigned to the H. D.

Lee Mercan- tile company. The thief broke the seal of the car. ANOTHER FIELD FIRE. They Have Many Such Around Clay Center Lately. Clay Center, July 3 1.

The long dry spell has put the grain fields in such condition that it only takes a spark to start a blaze, the latest to lose being County Commissioner J. A. Pogue, who with his fellow members of the county board, was called out. to fight fire in his own oats field. The loss was not great, but Commissioner Gingrich was nearly overcome bv the heat and smoke.

BRINGS IT TO SALINA. Herington Man Charges Wife Proved Faithless Here. Herington, July 14. Walter B. Huff of Herington filed suit for divorce from Rosa O.

Huff, charging unfaithfulness. Joseph Hayden is the man named, and the alleged act took place in Salina in 1911. Since that time Mr. and Mrs. Huff have not been living together.

They were married at Woodward, in 191)5. llir KILLED AND INJURED DISASTROUS TROLLEY WRECK AT LOS ANGELES, CAL. REAR END COLLISION Running Forty Miles an Hour the Rear Train Crashed Into Standing Cars and Telescoped Los Angeles, July 11. Eleven persons were killed and two hundred injured in the wreck of two electric trains returning from Venice last night. Four cars were telescoped in the accident and hardly any of the passengers escaped serious injuries.

It is feared that many who were badly hurt will die. T3oth trains were crowded. The first train as stalled on a long curve, the secofd crashed into it from the rear with only a few -ec-onds' warning, as the motorman was unable to see the stalled train until it was too late to stop. The second train was running at a very high rata of speed, probably forty miles hour. The wreck occurred at nine thirty and the darkness made the scene of the accident all the more horrible.

It was midnight before all the injured were removed from the wreckage. A broken trolley stalled the first train. The conductor went back with warning signals but was unable to get far enough away from his train to avert the wreck. The two trains were running only a few hundred feet clearway betwen them. It is not yet known who was responsible for the two loaded trains Ijpins so close to each other in the darkness on a dangerous curve.

ARREST TWO SPEEDERS Are Charged With Driving Automobiles Too Fast The police arrested two automobiles speeders last evening. Wm. Storm was arrested charged with driving his automobile above the speed limit. Mr. Smock, driving a taxicab was arrested on the same charge.

They are to be tried in police court this afternoon. DID HE GIVE LIQUOR AWAY? Chas. Ekerth Discharged by Police Judge Today Chas. Ekerth wa3 arrested by the police charged with giving away intoxicating liquor. He was tried this morning and discharged, the police judge holding that there was not sufficient evidence to warrant a (By Con.

Clyde H. Ta vernier.) Washington, July II. What sensible objection is there to the proposal that the United States government manufacture its own armor plate United States Senator Henry F. Ashurst of Arizona declares that the answer to the above query is that, there isn't any sensible objection, and. therefore, contends that.

i. government should hereafter manut, nre its own armor plate. He declare, and facts seem to bear him out, that millions of dollars could be saved to the government annually if a government armor plate factory is established. The government now manufactures its own naval guns and much of its own ammunition, yet when it is proposed that the government should manufacture some armor plate for the use of its own ships, the idea is boo-hooed by some statesmen as "socialistic," "paternalistic" and "maternal-istic." It being ascertained a few years ago that the powder trust was charging exhorbitant prices for powder, the government constructed its own plant and now manufactures much of its own powder." The powder which the government purchases costs about 65 cents a pound, while the powder the government makes for its own use costs about 37 cents a pound. The government has been in the habit of paying from $100 to $700 per ton for armor plate.

Expert witnesses? testifying before the Senate Committee on Naval Affairs on February 11, 1S97, expressed the belief that the government could manufacture its own OKmor plate from $250 to $30) per ton. When it is considered that between March 3, 1887 and January 15, 1912, this government paid out for armor plate, this state of affairs becomes serious. Had the government manufactured its own armor plate during the period mentioned there is reason to believe that one-third of this huge sum, or $25,701,161, could have been saved to the people. The armor plate trust has never-played fair with Uncle Sam. When the Carnegie Steel Company was selling armor plate to our Government at a figure of from $520 per ton to $700 per ton, it was- selling armor plate to Russia at about $249 per ton, as shown by the report, of the investigating committee of 1S94.

The Senate Naval Af fairs Committee which investigated the subject, in 1897 reported that a government armor plate factory could be erected for $1,500,000, and that "it was expedient, to establish such a But the Steel Trust was too strongly represented in the Senate at that time to permit favorable action on the subject. On May 22, 1913, Senator Ashurst introduced a bill providing for a government armor plate factory and it. is now under consideration. "At present we pay the Steel Trust two prices for armor," says Senator Ashurst, "and then trust to its patriotism as to whether the armor plate it furnishes contains blow holes or defects, and that patriotism has never" been above par. The present contract system opens the door to graft and favoritism.

It. is the acme of folly to decline to manufacture our own armor plate when it has been demonstrated that, the government could save enormous sums of money in the manufacture of its own armor." THE ALMANAC. Not content with that boiled tornado yesterday the weather man is at it ttgain today. It isn't so windy today but the wind is plenty strong enough. JBut indications are it is going to be much warmer than yesterdy as the temperature at 1 o'clock had already reached 104.

Yesterday's warmest, was 105. A year ago was also something of a scorcher, the maximum temperature being 105. But a cool wave came that night. Temperature: Today, minimum 67; at 1 o'clock 104.A year ago, maximum 105. The barometer was at a low point yesterday but is rising again.

No precipitation; none a year ago. The sun rose today at 5:18 a. m. It sets at 7:59 p. m.

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