Iola Daily Register And Evening News from Iola, Kansas on November 1, 1907 · Page 1
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Iola Daily Register And Evening News from Iola, Kansas · Page 1

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Friday, November 1, 1907
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VOL. IX. >o. 43t. TThole Ho. MOB. EIGHT P16E8. lOLA, KAX8A8, NOTEOER 1, I907r -FRIDAr ETEmO. EIOHT PICKS. ' PWCE TWO cim, BUILD DOUBLE TBACK lOLA ELECTRIC RAILWAY MAY MAKE A> IMPROTEMEXT. NEW LINE TO THE POWER HOUSE ViOVhD PROBABLY BE LAID 0> JACKSU> STREET—COST tim- Snperintendeot MaNtfcngnle Will Confer WHb Officials Soon na to I'rrmit!). Superintendent l.i'i- Massenpale, of tlie loia Electric Railway company, announced today that if satisfactory arrangements couid be made tlie loia Electric Railway company would build a double track between tlie lola Elec trie Railway power iiouse and lbs court house square. Mr. Massengale said that altliouRli tliere was nottiinc definite at the i)resent time the matter would be taken up at once. It will ba jmressary in the first place to secure the permission of the county conimi8i|ioncrs and the city council to build the double line. Thi^ county comniisdonei-R will have to give their conseat to the building of the line outside Of the cUy limits and the council within the limits of tht city. Mr. Massengale said that h<' would take the matter up with thr council and commissioners in a short time. There will be no gn-at expens.- at tached to the building of this road as there is already one lino running to the power house and the grade Is made. Mr. Mass.-ngaJc in speaking of the expense of buildinc the extra track said that it probably would cost 12.000 or a little more to finish it. "If the road Is built."' said Mr. Mas- srngale, "it will mean that I can give the people three minute service be tween here and the power house" Heretofore the best possible service- was ten minutes. On nights when there is a big attraction at the park, the road has not been able tr care for the crowds. "All of ths details have not been ' arranged," continued Mr. Massengale. "hut. U is Jilielj that I win run th« " new Use: In tbe city on Jackson ave nue. We could perhaps, run it in or ii East street. The city may think i< too n^rrow^ for the two tracks. But in ca^e the new track is run in on Jacks6n avenue it will l>e more con venlent in case the Carlvlo line whfch has been talked of is biii't It is like ly that the Carlyle line, if built, will be extended from .lefferson. " Mr. Massengale said that if satis factor.v arra.ngoments cou'd he madr it would take but sixty days to com plete the line. Mr. Massengale is plann'ng for many unique attractions at the park next summer which will draw largr crowds. He is now coresponding with eastern people, making arrangement.' for the coming summer season. THE WEATHER. Forecast for Kansas: Fair tonight and Saturday; colder/tn east portion tonight Data recorded at local offlce, U. S Weather Bureau, today, yesterday and a year ago: Yesfdy Yr. a^o 2 p. m. 5:5 fi p. m .55 12 midnight 54 Max. Temp .i5 Min. Temp oO Precip'tatlon. 7 p. m 0 Today Yr. ago 2a. ni 54 fi a. ni 55 12 noon ."i9 Precipitation. 7 a. m :'2 51 45 3.S 53 30 29 DIDN'T ANSWER SAPP Snm Whitlnw Arrosted Uy Map SaniiV Father—Whitlow to Leave .Worun. .\0 THEATER MOVEMENT VET. Attorney Peterson Denies Re|Mirt That Legal Action In Besnn. . County Attomej- C. .1. Hetei son wa> asked this morning with leterence t( the rejum that anrone Wfirking In theaters next Sunday would be arrestet* under a state warrant. He said h< knew of no such niovoinent. |t been known tliat certain parlies hav» been urging thr county aitornev t< take some action toward cloHlng the moving picture ahows and theaters on Sundays. Mr. Peterson said toda.\ that if anyone swore to a coniplKlnl ht would take the matter up. The managers of the tlraiid and tin iniivlng picture shows say they have not been notltlcd of any such action 01. the part of the county attorne.v. Both of the moving picture show> are expecting to open next Sunday Mr. Fuller of the Rose theater, stated to a ReglsteV reporter this morning that he Was ready to stop the niovlnj- picture show eniiiloyees from working' «iu Sunday If the authorities stop al other uunecesary work which is now being done in Allen county and lola. "I believe that it is not nocessaiy to do Sunday work at the smelti?rs. cement plants and other places iin\ more than in the theaters and if the authorities are in good faith let them stop alj unnecessary Sunday work. I foi' one would not hesitate to close m> jilace of business. It Is a money que? tion with the factories and also with me. If one is clo.'^ed the other should be also. Class legislation Is what I object to." ' "From a moral standpoint I am sure that the moving picture shows are a good thing and no pictures of an immoral character aie shown. I-^ery Sunday we entertain dozens and dozens of men and boys who. if they did not attend the picture show/would be playing cards or doing something even worse. Some excitement was created in .\Ioran yesterday when Sam Whitlow, who is charged with the murder of Miss .May Sapp. and .lohn Sapp. the dead girl's father, had a meeting on the streets there. In which Mr. Sapp •llrocted some pointed remarks to the iccused man. TJie story of the meeting as told to a Reclster rcjmrter over the phone by substantial business men if .Voran is ns follows: ,Mr. Whitlow was going down Main street In the d! icc-iion of the iKist office. Mr. Sapp was walking in the opiKisfe direction ')n the other side of the stre.^t. \Ir. Sapp is said to have called to Mr. Whitl<iw: "If you want to kill loiiie <in<' now. kill me. Here I am." MI. W3iitl'iw with the self possess- on am! discretion that characterized 'iliii il'iring the h'aring; did not heed Mr. S;,pp's imuaiks. save to niance n bis i :ivi>etl<>n Later It is said that \Ir. fi:iii)t Went !o the post offlca where .Mr \\Tiitow was talking to a nan on some business matters. Mr. •^ipp did not •'ay anyth'ng to him but Vept his eyes fixed on him. .Mr. Sapp'x 'riends attribute his actions and state, 'len: to worry over the death of his 'aiipliter. Moran narties say that the •eporf "at .Mr. Whitlow's presence In Moran iM -l a i-reat deal toward irrtat- •ng matters is untrue save when he vas I'coost.'d by Jlr. Saiip. \ few of Mr. WTii'low's frVnds hav ndvised 'lini. it is .-iaid. to leave Moran. not ei-a'ise cf a ff-eling agjiinst him' biit the sake of his friends and family. • —»'t»Wi'^;4B|| Mr. \\1iitlow is now closing up his '•iisin.ess there and will probably locate elsewhere. iKJssiblv in lola. He •'av not decidrd on this matter, and niay vet remain in Moran Me was in town this afternoon and held a conference with his attorneys. He sa'd to a 'Register r-'iKirter that he was c'os- Mie o'lt his business hut d'd not know s-heMiT or not he would leave Mo "•an 'V\7icn nskei as to h's trouble vesferday with .Mr. Sapp he refused o vay anything except that if fhos«» > ho saw the incpient told it as it oc- •urn'd it would not hurt.him. IDLA MUST GET BUSY KA>SAS SOl'THERN POWER HOUSE TO BE LOCATED S00>. OHANUTc THE ONLY CITY BIDDING OFFICLVLS OF ROAD ASK 0>LY SMALL Gl'ARA>TEE. lola Has Good Opportnnlties to Get BiK Works—Would Bring Manj People Here. CLEARS MARSHALS SON E. W. Slack Says He Lost Goods Which Yonng Fredrickson Is Ac- cnsed of Stealing. BROKE OPEN A SAFE rhicTes Entered Edgerton-Hillfs Store But dot >» Booty. The safe robbers were at work igain lajt night. The Edgerion & lilJis hardware store on east .Madison street was the place selected by the •obbers this time. Knlran<-e was ;ain<'d Into the (in shop, which sets itisf li.".i; of the store rtKini, by some vlndriws which had been left un- iickiil. The door lielween the general .ton- inoMi anil tin shop was held by 1 boll, and by knocking out a panel of he dcMir the thieves were enabled to dip the lM>It and walk In. A light had teen left burning in the store nmni. lilts »>.ih turned out. 'Ill" sale had been left opi-ii ns It ontaini-d iiiiihiiig but the books of the •toil'. The lio<iks wen- all taken out iiid si .-allered over the floor and .Mr. 'iillis' private box was als<i examined. Til*- lolihers failed to get any thing (if value, not even a two rent stamp. \ le« stani |>.s had been left In the store tin; were kept in the roller top iesk and the thieves did not bother ;his. Till- work was evidently the work if sonic person who knew the arrange- •iienls of ihe inside <if the store and low the liack door was locked. The robbery was similar to the lumber yard rohlieries of this summer, in- isniu<-h that the things In the safe were scattered over the floor in about he same manner as at the luml)er vard ollices. The police have been notified of the buiglary and are working on the case. RECEIVER FOR OUR WAY Proprietor^ to File Petition tn Bank- rnptcy This Afternoon. it is reiiorted on s(K)d authority that .lack Brennan and Dennis Oi^ary. proprietors of the Our Way, "As a matter of fact some of the*will file a petition in bankruptcy be- church people work on Sunday. Even the minister receives a salary for Sunday work. The church organist is paid just the same as my pianist." O. S. Redfield. manager of the Crescent theater, stated today that he would not complain if compelled to close his place of buafaiiww If all other Sunday work could <be stopped, but he did not think it «^ right to stop one man from doing apBDee^asary work and let the factoria ^s^n on Sunday. He said he was sanavtbat tbe moving shows were clean 4B instructive. I.';.. Segbter WMI AU, U • WoH. fore .ludge C. E. Cory, of Fort Scott, referee In bankruptcy, this afternoon. The amount of the indebtedness of tbe firm is said to reach J2 O'W. Tbe assets, if the property brings a fair price, will more than meet the Indebtedness. The Our Way was purchased by the iiresent p^-opri^tory last spring. The >oung meti built up a good business but seem to have been unable to meet claims of creditors. Judge Cory will probably pass on the petition this afternooD and apiMlnt a receiver. Splendid ^uea in Women's Underwear. Rictaardsoo's. • The power house of the Kansas StMithcm Electric Railway company will be Iwafed within the next week. In speaking of the iocating of the j)ower house A. W. Beck, one or the directors of the Kansas Southern, said that up to date Chanute waa the on'y city to tender a b-d. but it was likely that something will be done by lola within a short time. "At least they will have to do something if they expect to get the power «iouse located in this city and do It mighty quick," continued .Mr. Beck. The Kansas Soiilhern officials a.sk but. little to Guarantee the loc-afion of the power house. They miw ask that sufficient number of acres, centrally located, on which to construct this big btii'dng and water and gas at hich a rare that they can afford to pay for It. .Many cities have gtfen more than this t<i secure the Icjca- ;c.ns of factories and institutions which were <if less value to the c ty than the powi>r house of this stniet luilroud will be fo tola or any other city where it is located. It Is said that lola has every opjjor- ttinlty to get the location of this big plant. One man who Is connected with the Kansas Southern stated that would be natural to locate It here they were given an.v encouragement whatever, as the offices are to be in this city and it would be much a.sier to transact business when the no are 'ocated in the same city han when the two are located in different cities. .4nd since lola is to he the starting place of the line it will be to the advantage of the company tD locate the power house here. It 's evident that lola Is not going to allow a foOO.OOO concern to go to another city without at 'east making nn effort to get it located here. The location of this power house will mean much to any city. Every man who is .=mpIo.ved bv the railroad company will. In all probability, make his home wherever the power h^iisQ Is located, es all the sh'fts will he changed »h're This w|il mean that at least on" ,hii-'dred conductors and motor men will make their homes wherever the nower house Is 'oratct. There will be the *"mnIovee.'« r>r »h? p^w<»^ house proper, car repairers, wipers an/i- laborers who will live In the city in wh'ch the hl« plant is located. This (lower house and sheds for the cars will cover almost five acres alone. This wlU make it absolute'y necessary to hav^ ten acres on which to build this power bouse and sheds av It will take several acres for the switches. Frank Wood, secretary of the inral C'>mmerc'al club was aiiproached this afterno<m. and asked about the locating of the Kansas Southern powor h»>nse htre. but he refused to talk. "There Is positively nothing to say," v« d Mr. Wood BROKE COLLAR BO>'E. Maltie I'lleni Injured While Pla>lii* Ht School Today. .Mallle Puters. the little grand daughter of Mr. Hering of this city, fell whlli- playing at the South .leffer son school building this afternoon and broke her left collar bone. The little girl was running when she fell In such a manner as to break the iKine. The teachers at the school building not realizing the seriousness of the injury sent her to her home alone, ^^•^en she reached her home the seriousness of her injuries was lealized and a physician called. RECEIVES REPLY CtHTO>S. PoHtmaxter Spencer Gets Cnnrenience for Foreign Correspondence. Postmaster Si>eiicer has just receiV' ed a supply of the reply coupons wiilch are to be used as iwstage in international mail business. The cou- iwn system will make it very convenient! for foreigners in this country writing to their relatives and friends In the old count o'. In the old country five cents means a great deal more than the same amount means in .\nierlca. It has been the habit In sending letters to America to let the received here pay due postage to the amount of ten cents. By buying the reply coupons the people in America can savo their friends in the old countIV money by enclosing a reply coupon. NEBRASKA BA>'K CLOSED. Other Locals Assist so That >o Re. ceiTcr Will Be >amed. Grand Island. Nebr.. Nov. t—The Commercial State bank with deposits of three hundred and fifty thousand dollars closed this morning. Fifty thousand dollars of the funds of the bank were In the First National bank of Charltan. Iowa, whose cashier committed suicide .vesterdav. Other local banks will iissist the Comercial and receivers will probably not be ap- poiotcd. Marshal Jim Fredcrickson, of Bassett, was going down the street here last evening when a gentleman stepped up to him saying: "Is this Mr. Frederick.son, father of Eddie Freder Ickson. who was in juvenile court a day or two ago for stealing two un dcr garments from the New York store '• Yes. sir. I am the man,' said the marshal. Well, my name is E. W.; Slack, and I live aP 1115 North S.vcamore. I believe that I hold information that will clear your son of that charge." Mr. Fredcrickson at once became an eager listener. It wPI be remembered that on last Sunday young Fred­ crickson was arrested on the charge of stealing two undergarments from the New York store. His arrest grew out of an accident he met with on Saturday evening at the merrj-go- round at the carnival. While standing near the merry-:o-roun<l a man got off and was thrown Into young Fiederlckson with such force that the boy was knocked down and for a mo ment stunned. When he fell his cap was knocked off. .lohn Allen, who was •^tandin? near at the time picked up the two child's under garments, one of which he sa'd he found in the cap and the other nrar It. They were neatly folded and had apparently Just come from the store. Allen turned the undiM- .varments over to the offlc- ->r will' the suggestion that Ihe mat ter might bear investigation. The articles were later identified as of the same brand carried by the New- York store. Yotini: Krederlckson was •>i -resl:d '>n Sunday evening on the charge. He protested his Innocence vigorously. His hearing occurred Monday afternoon. Mr. Allen told hi"; =lorv of finding the under garments the cap It developed during the trial that ihe boy did not have the best reputation. The court finally placed the boy iioder a parole. The maanger of the New York store said he never remembered seeing the boy In the store and did not know that any articles of that kind had been stolen but did know that they handl- that bhind of goods. The pol'ce officers fol'owed up the case only because of the Information plven by Mr. Allen. As the court decided to hold the boy under • parole, Mr. Slack's statement which practically exonerates voung Frederickson is very interesting. This .is what Mr. Slack told Mr. Frederickson this morning: "1 came down town Saturday evening with my family and then went down to the carnival. I watched the merr.v-go round for some time having the artl c'es under my arm. WThlle being jostled about in the crowd I lost the package and the crowd was so thick that I cou'd not find it. I then went back to the store and bought some more and did not tell my family an>thing about it. Tuesday I read in the Register about young Frederickson being charged with st.ealing the under garments and I became convinced at once that the boy was innocent, es pecially when 1 learned later that tbe under garments found bors the same numbers and answered tbe exact description of those I bought. I inimedl ately made up my mind to hunt you up and now 1 have found you" If the mider garments fell into voimg Frederickson'."! cap as Mr. Al Ion says, then Ir would seem that fate was not on the side of the hoy ns this fact was larcely the evidence upon which the 'ad was arrested. Mr .Slack went over to the county atfor ney's office th's morning to Identify the gnnncnlR which Ihe officers found but the county attorney was not In bin offlce nf the time, ,Mr Fi'^derlclis'in will cull on Probate .ludge Smith this nfi'erno<ui with Mr Slack and toll him of the n^•w found evidence which seems to iioint to the frn '^A Innocence. DRY IN GEARY COUNTY ATTORNEY GENERAL HAS BEEN AFTER THAT COUXTT. YESTERDAY WAS STATE PAY DA MA>Y EMPLOYEES DID ><»T GET THEIR MO:»iEY. HOWEVER. State Treasurer Ran Ont of Currency—Other State >ews. MRS. RIVERS IS FIRST HumlixMI Woman Holds Honor Prompt Payment of Taxes. for When County Treasurer. M. F. Sickly came to Ms offlce in the court house this morning he found Mrs. Augusta Rivers, a well known Humboldt lady, waiting to pay her taxes. The lady secured the first tax receipt for the 1907 and lfl07 tax rolls. This is an honor which Mrs. Rivers has hold for several years. She came up on the "Plug" this morning for the purpose of retaining that honor. Very seldom in years has Mrs. Rivers failed to be the first to pay taxes. Mrs. Rivers lives in Humboldt and pays taxes on Humljoldt property. ON A GRAVE CHARGE Chester Hartpence of This City Is Held at Burlington. Either Sheriff C. O. Bollinger or Under Sheriff A. L. Boatright will go to Burlington today to bring back Chester Hartpence who is under arrest there on the charge of ravishing Myrtle DuSncr. a sixteen year old girl of this city. Hartpence Is said to have been arrested at Burlington yesterday by Sheriff Garrett. He is about twenty-one years of age and formerly lived here. He has relatives In East loia. WANTED—Girl for general housework. Inquire 70li East street. Toi>eka, Nov. 1.—Attorney General Jackson is now confident that he has succeeded, through the Interrogatory law enacted last winter. In securin evidence that will win a victory fo: the state in the ouster suits pending against the, various companies iiopu larly believed to be agencies of the Standard oil monopol.v. The Standard Oil company of Kansas and the Standard Oil company of Indiana through their attorneys, filed answers to the interrogatories in the Supreme Court yesterday evening. In each set of answers the admission is made that a majority of the stock In the defend ant comiiany is owned and controlled by the Standard OH company of Now .lersey. Saturday the Prairie Oil Oas company admitted that a major ity of Its stock is owned indirectly by the Standard of New Jersey. In the judgement of the attorney general these admissions sustain the allega tlons of the stain and mako victory In his antitrust suits against the big oil nionoiioly certain. Yesterday Pay Day. Topeka. Nov. 1.—Yesterday was pay Iny at the state house here but many state employees were disappointed as State Treasurer Mark Tully ran out of money before the entire state house pay rool was met and era nlovees win be forced '» Trait several days before they can cash thelt vrnr rants. Treasurer Tully paid out over $7,000 during the forenoon and then quit as he was unable to get currency from the banks with which to con tinuc cashiiMT warrants. He offered «o redeem the warrants with check's bu^ most of the st.-»te employees seem ed to favor holding their warrants un til they can get money for them, distrct judge living In Southern Kan sas will be among those disappointed Knowing he could not get cash for his warrant al home under present conditions the judge sent State Aud t- or Nation an assignment of the war rant for his month's pay with instnic lions to cash the warrant at the state treasur.v. and express the currency to him. Auditor Nation got into th Treasurer's office with his own war rant and that of the district judge just after cash payment had been discon tinned. \o Reduction on FncI Oil. Topeka, Nov. 1.—Reports received here indicate that there Is much spec u'atlon in Southeastern Kansas as to the effect the proposed new distance tariff prepared by the State Board of Riilroad Commissioners will have on •he fuel oil business if established! Sine,'' the famous "oil fight" during •he 1905 sesFlon of the legislature oil •ins moved In Kansas as a maximum rate established bv one of the prin rripal bills passed for the relief of oil iirodiicers from the oppression of the standard monopoly at' that memorable ess'.on. The proposed new tariff will Mink" no reduction In the rales on fuel • ill, but It will make nn npprorlmut" hic'lim of elghfceu per cent In the raieii on coal. File' oil Hhippers claimed before the '»cl>latiire Inst winter, while seeking p'vls'on of the 1(1 w cslabllshln: iniixlmum rates on oil, that the rein ilons-hlp then existing between the • pt.'s on coal and fuel oil was such Hs to keep them out of the market In (•omnctltlm with coal in many -parts of the state C. A. Stannard. of Em 'KirlHi a fuel oil shipper on a large -cale introduced a bill in the House ir^^'idlng for a reoiiction in the rates r>n fuel oil: The i)ill failed of passage 'areely through the opiKisltion of the coal interests. Everv member from a ooal prnducing county Was lined up against the oil bill, claiming that the relat'onshlp between oil and coal rates then exlstinsc placed the two liicls on practically a freight rate parity. Now coal rates have been reduced, ir r.ither will be if the new tariff becomes effective. The oue.stlon Is hat will happen to the fueloil men? tf is probable though that they will have representatives appear before he Board of Ra'lroad Commissioners '»tKl pftempt to secure a readjustment >f oi rates. In such- an effort they ill probably enjoy the co-operation ->f the railroads too. as the rail roada do not like the present oil -cheiiile and once Hireatened to dis coatinue observing It on the git>und that It is unconstitutional and force he state to eo Into court to test the vHlldlty of the law. Pressure was brought to bear on the railroads by the oi' Interests and they were persuaded tn continue observing the law. nistine meanwhile to the legislature last winter to amend It. But th'a coal men got in the way of a revision of the oil rate.fi and tn turn the oil interests played an important nart In ?et- '•Titc In the wav of the bi'l redueine "oal rates eighteen per cent .which -I'e-t on the Hous«> calendar after •mvlng na<^ed the Senate almost with out opposition. The maximum oil rate law is won-| derfuUy coutnicted. It was pasaetl during the ercltement of the crusade against the Standard, when anything, aimed at the monopoly went In Kansas. It provides that crude o'l and all Its products move at the same rates. And the same rate per hundred pounds is charged too, whether the oil be shipped In barrel lots or In car lots. But the strangest feature of the law is that a gallon of gasoline, worth perhaps seven times as much as a gallon of crude, oil, can be ship ped at a rate considerably !ess than that charged for a gallon of crude oil The two move at the same rate pet hundred but a gallon of crude oil Is heavier than a gallon of gasolne and the rate per gallon Is therefore higher for the fuel oil. The Board has so far show no disposition to change the oil rates but what it wilt do when tbe matter is called up is problemati cal. Geary County Is Dry. Junction City. Nov. 1.—Attorney General Jackson and the representa lives of the State Temperance Un'on are acaln chasing violators of the prohibitory law in Geary- county, and the "lid" is on here again for a time at least. Eight two per cent joints have been raided by the city author! ties under search and se'zure warrants and the proprietors will be pros ecuted under a city ordinance. The joints are now locked up and injunc- fons have been secured by Attorney General Jackson restraining the sale of Tlquors in the buildings in the fu ture. Junction City Is "dryer" thah It has been since a year ago when' ouster proceedings were started against .Mayor O'Donnell. Septrmltcr Healthy .Month. Topeka. Nov. 1.—Kansas was more free from all contagious and Infec Hons diseases, except typhoid fever and measles during the month of Sep fember this .vear than in the corres t>onding month of 1906. accordlnc to the monthly bulletin of the State Board of Healtih, just Issued by Secretary S. .T. Criiinblne. Typhoid seems to have been the Infectious d'sease prevailing In September this year, 475 cases being reported as against 322 In the same month last year. The October report Is expected to show •«till larger Increase as typhoid has been almost an epidem'c In severa' western counties and an tiniis'iallv large number of cases have also been reported from Kansas City. Kansas In September 1906. 261 cases of diphtheria were reported but this vear there were only 59 reported. Only 23 cases of small pox and 31 cases of sciarlet fever are r«>oorted in Septeih- hp.T of this year. Twenty-seven cases of p^easlcs .were reoorted against .17 tn September, 1906. Kelly Brief Filed. Ttpoke. Nov. 1.—Attorney General Jackson this morning filed Ip the Su preme court his brief in the suit brought by the state to recover $6,661 from T. T. KeMy, former state treasurer, on account of Oklahoma war rants he sold during his administra tion before they were called by the territory. The state sues for the amount the warrants would have earned in Interest had they been held by the state until they were called, on the theory that the treas urer was not authorized to sell the warrants. The suit is based upon the findings of the accountants who made the investigation of the state treasury during Governor Hoch's first administration and was first brought in the district court of Shawnee county. Kel- filed a demurrer to the attorney generals petition and It was sustain ed. Judge Dana holding that Ke'ly had right to dlsi>ose of the warrants at their face value and that the state bad not suffered loss through his ac tion in so doing. The attorney general appealed fo the Supreme Court for a reversal of Judge Dana's ileclslon. At the same time Kelley was sued for pproxlniately $70,000 on the findings nf thu flccoiintnnt.o. Jiidgo Dana found for Kelly on this feature of the suit also, virtually giving him judxcmont. for $2.10 which amount was paid Ket 'ast winter through a special appropriation by the legislature. Kmmct Dalton in Pen Again. Topeka. Nov. 1. Enimettr Dalson returned to the state iienltentlarj- at Lansing yesterday afternoon, his four months' parole having expired. Repeated efforts were made yesterday o get into communication with Governor Hoch. but he could not be located. Dalton was considerably disappointed at the necessity that he return to prison, although he is confident that Governor Hoch in'»>nds to pardon him within a very short time. It is expected here that the granting of a jiardon to Dalton will be one of the Governor's first official:acts when he returns to the capital. "Wail'c I am disappointed," said Dalton, just before leaving Topeka. "1 go back to I^nslng willingly and promptly as I gave my word I wouM. No promises were made fo me when I was paroled. 1 think the operation I have imdergone has saved my arm and I have that at least to be thankful for. WTien I get back to leasing I can at least tell the boys there that I know it is up to them to make good when they geti out of prison. I know that when a man gets out he will §et square deal If he does right, from my own experience. People are not inclined to give a man the worst of it." >'ot After Waylawl Acaln. Topeka. Nov. 1.—H. J. Bone. United States District Attorney, denies that further toTestlntion is beteg made of J. A. Waybmd. publisher of the Appeal to Reason, with a view to prosecution. He aay» only one case is pending against Wbyland and that he was Indicted In that at Fort Scott last May. Hia case la set for trial at Fort Scott November 11 and it Is understood that: be intends to rlead gul'ty if a demurrer his attorneys will file ia decided against bim. W«yl«o<l was ioldicted for nwUlng en- OALTONS PAROLE OVER COFFETYILLE BA>K BOBBER GOES BACK TO PRISOJi. ' : HE HAD HOPED FOR A PARDON GOVERNOR HOCH IS >0T AT HOSIB A>D HASNT BEEJi HEARD FROai "Chalk" Beeson, of Dodge City, I« Working for Dalton's Pardon. Kansas City, Nov. 1.—big. well- built man wearing a plain black suit of clothes and a black slouch hat sat in the olBce of the Blossom house last night. His right arm was hanghig limp by his side. Yes, I'm Emmet Dalton." he said smiiing in response to a question. 've been out of the penitentiary for four months trying to make good." He looked at bis questiaaer straisikt out of his gray eyes. Now," he said. "I'm going back to I^nsing again. My parole expires tomorrow and Governor Hoch is away from Topeka. Nothing concerning my case has been heard from him sb I have to go back. "Ves, I had hoped that the governor ::ould bee his way clear to give me an extension of my parole, or perhaps a pardon. I'd like to have It more on my mothers account than my own. She lives at Kingfisher. Okla. She Is 80 years old but she hasn't nilssed a d»y writing me a letter since. I've been tn Topeka. She tells me of the -plana she's been making to receive me when get my pardon. I've told her not to build her hopes too high but she insists on thinking that I'm going to be allowed to go down to her a free man soon." Dalton's eyes filled with tears as he told of his mother's faith In hfan and her belief that the governor of Kansas would grant, him a pardon. He Believes in HnBuin% New. I|m under eternal obligations to the ; governor, now," he continued. He's given me four months of Ute and you don't know what that meaqs to a man who has spent much T>f his life behind the bars. I w^nt there-a boy of 10 and I lived there fittfeen years—long enough, almost, to lose faith in humanity. Thla 'tat "ttrair- months has been a wonde^fa^ rtrela- tion to me. jl've received the very best of treatment at everyone's hands. I left the penitentiary pretty much of a skeptic. I'm going back believelng that humanity Is sympathetic and thaf^al- most every man is willing to help a fellow man in trouble. 'Yes. dozens of thy friends say. that Governor Hoch will grant md a'par­ don. I saw him just before' he left Topeka for the east several days ago. . then thought and so did the governor, that my leave of absence extended until November 6. 1 found only a day or so ago that my time was up November 1. Wbat am I going to do if I get out? Well, I cant say. If the governor pardons me I'm going to consult him as to my future plans. He's been a good friend of mine. He's already given me some mighty good advice and I know he wants to help me. I haven't a word to say about my punishment. I never fired a shot during the Coffeyville bank robbery, but . was In the gang. I deserved to be punished, for technically I was guilty of murder. But I believe I've been , unlshed sufflciently. I know that the same law that punished me has protected by people. If I'm Riven chance to live a free man I know I can show.that I've leart^ed to be a decent cltlzin. I want the opportnnlty. You're going to get It, too, ybnng man," a gray haired man said, as be gave Dalton a friendly clap on. the shoulder. • It was "Chalk" Beeson of Dodge City who Is one of the men who-' have been working hard to secure, an absolute pardon for him. "The gtjr- ernor la going to give you a chance to show the world what's In you." I've knpwn Emmet Dalton almost, ever since he went to the ipenlten- tlary " Mr. Beeson said later. "He lived for a time at Dodge before he • got Into trouble. -He was only )i oung boy who got Into bad company. . believe he is a decent chap. I. always have believed it ever since I saw him. I hope the governor grants btoL_ „ pardon. I've talked with dozens of men who have watched him dally since he has been working In Topeka. I've et to hear the first one say that he shouldn't be pardoned." Dalton left last night on the Kansas City-Leavenworth interurban line for Lansing. It'll be a little late when I arrive up there tonight, but I guess Warden Haskell will let me break in all right.'* he said, with a laoch. "Bnt it's different breaking out." eloped Jon the ,face of tiUch were printed a.r offer of a reward ot |1,000 for anyone who would kidnap ex-fjonr-j ernor Taylor and take him into Ktoh tucky for trial for. the Goebel murder. The maximum punl^raent for the offense witth which he is charged is a sentence of five years imprisonment and a fine of $5,000. iUnta Fe Pay Dav. Topeka. Nov. 1.—Santa Fe pay day here tndav is turning loose between tiOMO and $50,000 In currency wbtdt will flow int6 the channels of trade aitd probably relieve the flnajoeial stringency considerably. In keeping with its usual custom^ tbe Saota ;Fe ill pay its' Topeka employees In checks which ^may ^ cashed at thv oCIce of the compaay't treasurelk ^ .

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